Western Australian Current Acts

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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 133

133 .         Interim orders

        (1)         The Court may at any time in the course of protection proceedings make an interim order.

        (2A)         Except in the case of an interim order (secure care), an interim order may be made —

            (a)         on the Court’s own initiative; or

            (b)         on the application of a party.

        (2B)         An interim order (secure care) may be made only on the application of the CEO.

        (2)         An interim order is an order as to any one or more of the following —

            (a)         that the child is to be returned to, placed with, or remain with a parent of the child;

            (b)         that the child is to be taken into, or remain in, provisional protection and care;

            (ca)         if the child is in provisional protection and care, that —

                  (i)         the CEO is to make a secure care arrangement in respect of the child; or

                  (ii)         a secure care arrangement made by the CEO in respect of the child is to continue;

            (c)         that the child is to be placed with a person approved by the Court following a report, whether oral or written, from the CEO as to the person’s suitability;

            (d)         that the child or any other party undergo counselling;

            (e)         that a parent of the child or any other person specified in the order who has been providing day-to-day care for the child is to give to the CEO personal possessions of the child that are specified in the order;

            (f)         contact between the child and a parent, sibling, other member of the child’s family or other person who is significant in the child’s life, including that a person specified in the order is not to have contact (whether direct or indirect) with the child;

            (g)         any other matter that the Court considers appropriate.

        (3)         If the Court makes an interim order that the child is to be taken into provisional protection and care, the Court may issue a warrant (provisional protection and care).

        Note for this subsection:

                Section 123 contains provisions about the effect of a warrant (provisional protection and care).

        [Section 133 amended: No. 49 of 2010 s. 18; No. 18 of 2021 s. 60.]



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