South Australian Current Acts South Australian Current Acts53—Orders that may be made by Court
(1) If, on an
application under this Act, the Court is satisfied that it is appropriate to
do so, the Court may make 1 or more of the following orders in relation to a
child or young person:
(a) an
order requiring—
(i)
the child or young person; or
(ii)
a parent or guardian of the child or young person; or
(iii)
any other person who has the care of the child or young
person,
to enter into a written undertaking (for a specified period not exceeding
12 months) to do a specified thing, or to refrain from doing a specified
thing, and, if the Court thinks fit, requiring the child or young person to be
under the supervision of the Chief Executive or some other specified person or
body during the period of the undertaking;
(b) an
order authorising or requiring examination and assessment of the
child or young person;
(c) an
order authorising or directing the assessment, by such person as the Court may
specify, of a parent, guardian or other person who has, or is responsible for,
the care of the child or young person to determine the capacity of that person
to care for the child or young person (including, to avoid doubt, a drug and
alcohol assessment);
(d) in
the case of a child or young person who is at risk of being removed from the
State for a purpose referred to in section 18(1)(c)—such orders as
the Court thinks necessary or appropriate to prevent the child or young person
from being so removed, including (without limiting the generality of this
paragraph)—
(i)
an order preventing a specified person from removing the
child or young person from the State; or
(ii)
an order requiring that the child or young person's
passport be held by the Court for a period specified in the order or until
further order;
(e) an
order placing the child or young person, for a specified period not exceeding
12 months, under the guardianship of the Chief Executive;
(f) an
order placing the child or young person, for a specified period not exceeding
12 months, under the guardianship of a specified person or persons (not
exceeding 2);
(g) an
order placing the child or young person under the guardianship of the
Chief Executive until they attain 18 years of age;
(h) an
order placing the child or young person under the guardianship of a specified
person or persons (not exceeding 2) until they attain 18 years of age;
(i)
an order granting custody of the child or young person,
for a specified period not exceeding 12 months, to—
(i)
a parent or guardian of the child or young person; or
(ii)
a member of the child or young person's family; or
(iii)
any other person that the Court thinks appropriate in the
circumstances of the case;
(j) an
order granting custody of the child or young person to the Chief Executive;
(k) an
order directing a person to do 1 or more of the following:
(i)
to cease or refrain from residing in the same premises as
the child or young person;
(ii)
to refrain from coming within a specified distance of a
specified place;
(iii)
to do any specified thing, or to refrain from doing any
specified thing, in order to minimise the risk of harm to the child or young
person;
(l) an
order revoking an instrument of guardianship or a restraining notice;
(m) such
consequential or ancillary orders as the Court thinks fit, including (without
limiting the generality of this paragraph) an order—
(i)
requiring a person who has guardianship or custody of the
child or young person pursuant to an order of the Court to care for the
child or young person in a specified way; or
(ii)
requiring a parent, guardian or other person who has the
care of a child or young person to undertake specified courses of instruction,
or programmed activities, in order to increase their capacity to care for the
child or young person.
(1a) Without limiting
the orders that can be made under subsection (1), the Court may make an
order placing a child or young person under the guardianship of a specified
parent of the child or young person.
Note—
Such an order would confer guardianship on the specified parent to the
exclusion of the rights of any other parent of the child or young
person—see section 68.
(1b) Without limiting
the orders that can be made under subsection (1), the Court may, if the
Court makes an order placing a child or young person under the guardianship of
the Chief Executive or a specified person or persons—
(a)
until the child or young person attains 18 years of age; or
(b) such
that the child or young person has been under the guardianship of the
Chief Executive, or the person or persons, for a period of at least 24
continuous months,
make a declaration of the name by which the child or young person is to be
known.
(1c) However, the
Court may only make a declaration under subsection (1b) if the Court is
satisfied that it is in the best interests of the child or young person to do
so.
(1d) If the Court
makes a declaration under subsection (1b)—
(a) the
Registrar of the Court must give notice of the declaration to the Registrar of
Births, Deaths and Marriages in accordance with any requirements in the
regulations; and
(b) the
Registrar of Births, Deaths and Marriages must, as soon as is reasonably
practicable after receiving the notice, register the change of name under
section 28(1) of the Births, Deaths and Marriages Registration Act 1996
.
(1e) Sections 26, 27
and 28(2) and (3) of the Births, Deaths and Marriages Registration
Act 1996 do not apply in relation to a change of name under this section.
(1f) Nothing in this
section prevents the name of a child or young person being later changed in
accordance with the law of the State.
(2) The Court may make
such interim orders in relation to an application under this Act as the Court
thinks fit.
(3) Subject to this
section, an order under this section has effect for the period specified in
the order.
(4) An order under
this section ceases to have effect when the child or young person to whom the
order relates turns 18 years of age.