South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 59

59—Onus on objector to prove order should not be made

        (1)         This section applies to proceedings on an application to the Court for orders relating to a child or young person who is, pursuant to an order of the Court, under the guardianship, or in the custody, of the Chief Executive or another person or persons.

        (1a)         However, this section does not apply to proceedings of a kind prescribed by the regulations.

        (2)         If in proceedings to which this section applies a person objects to the making of an order by the Court, the onus is on the person to prove to the Court that the order should not be made.

        (3)         However, subsection (2) does not apply where the person objecting to the making of the order is—

            (a)         the Crown; or

            (b)         if the Court is satisfied that the child or young person to whom the proceedings relate is not being unduly influenced by any person to object to the making of the order—the child or young person.