Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 228

Application for temporary assessment order by notice

    (1)     The Secretary may give a notice under this section if the Secretary

        (a)     has a reasonable suspicion that a child is, or is likely to be, in need of protection; and

        (b)     is of the opinion that further investigation and assessment of the matter is warranted; and

        (c)     is of the opinion that the investigation and assessment cannot properly proceed unless a temporary assessment order is made.

    (2)     The Secretary may by notice direct—

        (a)     the child to appear; and

        (b)     the child's parents to produce the child

before the Court for the hearing of an application for a temporary assessment order.

    (3)     A notice cannot be given under this section if—

        (a)     a protection order (other than an undertaking) is in force in respect of the child; or

        (b)     an application for a protection order has been made in respect of the child but has not been determined.

    (4)     A notice under this section must—

        (a)     be issued out of the Court by the appropriate registrar; and

        (b)     be served, in accordance with section 594, on the child's parent and, if the child is of or above the age of 12 years, the child.



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