Australian Capital Territory Consolidated Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 569

The Childrens Court may, by order, amend a therapeutic protection order only if satisfied that—

        (a)     if the order is not amended—

              (i)     there will be a significant risk of significant harm to—

    (A)     the child or young person; or

    (B)     someone else; and

              (ii)     the risk of harm arises from the child's or young person's conduct; and

              (iii)     the risk of harm will be imminent; and

        (b)     the director-general has developed a further therapeutic protection plan for the child or young person; and

        (c)     the further therapeutic protection plan is more likely than not to reduce the likelihood of the child or young person engaging in harmful conduct in the future; and

        (d)     amending the order is in the best interests of the child or young person.

Note 1     In a proceeding for a care and protection order, a fact is proved if it is proved on the balance of probabilities (see  s 711).

Note 2     The Childrens 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).