NTIn ForceAct
Care and Protection of Children Act 2007
124Notice of application
Start here
Get a plain-English read of 124
Turn the raw legal text into a practical explanation grounded in Care and Protection of Children Act 2007.
124 Notice of application
(1) As soon as practicable after applying for the order, the CEO must
give to each parent of the child:
(a) a copy of the application; and
(i) stating when and where the application is to be heard;
and
(ii) providing a list of contact details for local legal service
providers; and
(iii) stating that the application may be heard and decided in
the absence of the parent.
(2) The CEO must give a copy of the application and written notice by
personally serving them on each parent.
(3) If the Court is satisfied that it is impracticable to personally serve
the documents mentioned in subsection (1), the Court may order
that the documents be served in another manner.
(4) In deciding whether to make an order under subsection (3) the
Court must have regard to the following:
(a) whether attempts have been made to effect personal service
and why the attempts were unsuccessful;
(b) the reasons why personal service is considered impracticable;
(c) the nature of service proposed;
(d) the reasons why the proposed method of service is likely to be
successful;
(e) whether the proposed method of service is appropriate in the
Care and Protection of Children Act 2007 72
(5) If the documents mentioned in subsection (1) are personally
served, the CEO must explain the duration and effect of the order to
the parent or other person:
(a) in the preferred language of the person; or
(b) if it is not reasonably practicable to do so in the preferred
language of the person – in a language and manner the
person understands.
(6) The CEO:
(a) must explain the effect of the application and written notice to
(b) may give a copy of the application and written notice to the
child if the CEO considers it is appropriate to do so having