South Australian Current Acts South Australian Current Acts50—When application can be made for Court orders
(1) An application for
an order under section 53 must be made if an instrument of guardianship
or a restraining notice in relation to a child or young person has been
issued.
(2) An application
under subsection (1) must be made as soon as is practicable after the
issue of the instrument of guardianship or restraining notice (and in any case
within the applicable guardianship period or restraining notice period).
(3) An application for
an order under section 53 may be made—
(a) if
the applicant—
(i)
reasonably suspects that a child or young person is at
risk; and
(ii)
is of the opinion that the making of such orders is
necessary or appropriate to protect the child or young person from harm, or to
allow the exercise of powers or the performance of functions under this Act in
respect of the child or young person; or
(b) if
the applicant is of the opinion that—
(i)
proper arrangements exist for the care and protection of
a child or young person (whether pursuant to a decision of a
family group conference or an exercise of administrative powers under the
Family and Community Services Act 1972 ); and
(ii)
the child or young person would be likely to suffer
psychological harm if the arrangements were to be disturbed; and
(iii)
it would be in the best interests of the
child or young person for the arrangements to be the subject of such orders;
or
(c) if
the applicant is acting in accordance with Chapter 7 Part 3; or
(d) if
the order is to be made with the consent of the parties to the proceeding; or
(e) in
any other circumstances with the permission of the Court.
(4) Before applying
for a prescribed Court order in relation to a child or young person removed
from a person under this Act, the Chief Executive must assess the likelihood
of a reunification occurring and, if reunification is likely, the period
within which reunification is likely to occur.
(5) In this
section—
"prescribed Court order" means an order of the Court under
section 53—
(a)
placing a child or young person under the guardianship of the Chief Executive;
or
(b)
placing a child or young person under the guardianship of a person other than
the Chief Executive; or
(c)
granting custody of a child or young person to the Chief Executive or another
person; or
(d) of a
kind specified by the regulations for the purposes of this definition.