Australian Capital Territory Consolidated Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 459

    (1)     The Childrens Court may make a DVPO interim protection order for a child or young person—

        (a)     if an application for a care and protection order for the child or young person has been made but not yet finally decided; and

        (b)     if satisfied that it is necessary to make the DVPO interim protection order to ensure the child's or young person's safety until the application for the care and protection order is decided.

Note     The Childrens Court may make a DVPO interim protection order before adjourning an application or cross-application under s 431 (Interim matters—Court action before adjournment).

    (2)     In considering whether it is necessary to make the DVPO interim protection order to ensure the child's or young person's safety until the application is decided, the Childrens Court may have regard to the need to ensure the person against whom the order is made will not engage in domestic violence in relation to the child or young person.

    (3)     The Childrens Court may make the DVPO interim protection order—

        (a)     on its own initiative; or

        (b)     on application by a party to the proceeding for the care and protection order; or

        (c)     on application by the public advocate.

Note 1     Statements, documents and reports must be included in the application (see  s 696).

Note 2     Oral applications may also be made (see  s 698).

Note 3     In the proceeding, a fact is proved if it is proved on the balance of probabilities (see  s 711).

Note 4     The court may make an order imposing an obligation on a person only if the person agrees to it, has been given an opportunity to be heard about it or cannot be found (see  s 718).

    (4)     To remove any doubt, if the Childrens Court makes a DVPO interim protection order the order must be consistent with this division and the Domestic Violence and Protection Orders Act 2008 .

Example

The Childrens Court could not make a DVPO interim protection order for a period longer than that allowed for DVPO interim protection orders under the Domestic Violence and Protection Orders Act 2008 .

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).