QLDIn ForceAct
Child Protection Act 1999
sec.41Notice of application
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### sec.41 Notice of application
As soon as practicable after the application is filed, the applicant must do the following—
if the child does not have long-term guardians—personally serve a copy of the application on each of the child’s parents;
if the child has long-term guardians—
personally serve a copy of the application on each of the long-term guardians; and
personally serve, or make a reasonable attempt to personally serve, a copy of the application on each of the child’s parents other than the long-term guardians;
tell the child about the application.
Section 195 deals with compliance with provisions about giving information.
If the applicant makes a reasonable attempt to personally serve, but does not personally serve, a copy of the application under subsection (1) (b) (ii) , the applicant must document full details about the actions taken in making the attempt.
leaving a copy of the application at, or posting a copy of the application to, the parent’s last known residential address
Also, if the applicant is a police officer, the applicant must immediately give a copy of the application to the chief executive.
A copy of the application served under this section must state—
when and where the application is to be heard; and
for a copy served on a parent—that the application may be heard and decided even though the parent does not appear in court.
s 41 amd 2000 No. 7 s 11 ; 2010 No. 33 s 29
(sec.41-ssec.1) As soon as practicable after the application is filed, the applicant must do the following— if the child does not have long-term guardians—personally serve a copy of the application on each of the child’s parents; if the child has long-term guardians— personally serve a copy of the application on each of the long-term guardians; and personally serve, or make a reasonable attempt to personally serve, a copy of the application on each of the child’s parents other than the long-term guardians; tell the child about the application. Section 195 deals with compliance with provisions about giving information.
(sec.41-ssec.2) If the applicant makes a reasonable attempt to personally serve, but does not personally serve, a copy of the application under subsection (1) (b) (ii) , the applicant must document full details about the actions taken in making the attempt. leaving a copy of the application at, or posting a copy of the application to, the parent’s last known residential address
(sec.41-ssec.3) Also, if the applicant is a police officer, the applicant must immediately give a copy of the application to the chief executive.
(sec.41-ssec.4) A copy of the application served under this section must state— when and where the application is to be heard; and for a copy served on a parent—that the application may be heard and decided even though the parent does not appear in court.
- (a) if the child does not have long-term guardians—personally serve a copy of the application on each of the child’s parents;
- (b) if the child has long-term guardians— (i) personally serve a copy of the application on each of the long-term guardians; and (ii) personally serve, or make a reasonable attempt to personally serve, a copy of the application on each of the child’s parents other than the long-term guardians;
- (i) personally serve a copy of the application on each of the long-term guardians; and
- (ii) personally serve, or make a reasonable attempt to personally serve, a copy of the application on each of the child’s parents other than the long-term guardians;
- (c) tell the child about the application. Note— Section 195 deals with compliance with provisions about giving information.
- (i) personally serve a copy of the application on each of the long-term guardians; and
- (ii) personally serve, or make a reasonable attempt to personally serve, a copy of the application on each of the child’s parents other than the long-term guardians;
- (a) when and where the application is to be heard; and
- (b) for a copy served on a parent—that the application may be heard and decided even though the parent does not appear in court.