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Care and Protection of Children Act 2007
105Making of order
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105 Making of order
(1) The Court must, immediately after the application is made:
(a) make the temporary protection order if the Court is satisfied
there are reasonable grounds for believing:
(ii) the proposed order is urgently needed to safeguard the
wellbeing of the child; or
(b) dismiss the application if the Court is not so satisfied.
(2) As soon as practicable after making the decision, the Court must
give the CEO a copy of:
(a) the order if the Court decides to make the order; or
(b) otherwise – a statement of the reasons for not making the
(3) Without limiting subsection (2), the Court may give the copy by
sending it to the CEO by fax or other electronic means.
(4) The Court must keep a record of:
(a) the application (whether or not a written application is given to
the Court); and
(b) any information given to the Court for the application; and
(c) the decision on the application; and
(d) the reasons for the decision.
(5) To avoid doubt, the Court may decide the application in the
absence of the parents of the child.