Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 564

    (1)     The Childrens Court may, by order, extend an intensive therapy order only if satisfied that—

        (a)     if the order is not extended—

              (i)     there will be a significant risk of significant harm to—

    (A)     the child or young person; or

    (B)     someone else; and

              (ii)     the risk of harm arises from the child's or young person's conduct; and

        (b)     there are no less restrictive ways to prevent the child or young person from engaging in harmful conduct than an extended intensive therapy order; and

        (c)     the director-general has developed a further therapy plan for the child or young person; and

        (d)     the further therapy plan is more likely than not to reduce the likelihood of the child or young person engaging in harmful conduct in the future; and

        (e)     extending the order is in the best interests of the child or young person.

Note 1     In a proceeding for a care and protection order, a fact is proved if it is proved on the balance of probabilities (see  s 711).

Note 2     The Childrens Court may make an order imposing an obligation on a person only if the person agrees to it, has been given an opportunity to be heard about it or cannot be found (see  s 718).

    (2)     The Childrens Court may extend an intensive therapy order—

        (a)     for as long as 8 weeks; and

        (b)     more than once.

    (3)     However, the Childrens Court must not extend an intensive therapy order if the total length of the order and any extensions of the order will be longer than 6 months.