Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 243

Making a protection application without taking child into safe custody

    (1)     If a protective intervener is satisfied on reasonable grounds that a child is in need of protection, he or she may by notice direct—

        (a)     the child to appear; and

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

before the Court for the hearing of a protection application.

    (2)     A notice under sub-section (1) must—

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

        (b)     set out the grounds on which a protective intervener intends to make a protection application; and

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

    (3)     If a notice under sub-section (1) is served in accordance with sub-section (2)(c) and the child does not appear before the Court at the time stated in the notice, the Court may, if satisfied that the notice has come to the attention of the child's parent or, if the child is of or above the age of 12 years, the child and, if practicable, the child's parent, issue a search warrant for the purpose of having the child taken into safe custody.

    (4)     Sections 241 and 242 apply to the issue and execution of a warrant under sub-section (3) as if it were a warrant issued under section 241(1).



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