Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 229

    (1)     The Secretary may apply to the Court for leave for the hearing of an application for a temporary assessment order in respect of a child without giving the notice under section 228 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; and

        (d)     is satisfied that the giving of the notice required by section 228 is inappropriate in the circumstances.

    (2)     An application cannot be made 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.

    (3)     The Court may grant leave for the application to be dealt with without giving the notice under section 228 if the Court is satisfied that it is appropriate to do so.