QLDIn ForceAct
Child Protection Act 1999
sec.51AEMaking of temporary custody order
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### sec.51AE Making of temporary custody order
The magistrate may make a temporary custody order for the child only if the magistrate is satisfied—
the child will be at unacceptable risk of suffering harm if the order is not made; and
the following person will be able, within the term of the temporary custody order, to decide the most appropriate action to meet the child’s ongoing protection and care needs and start taking that action—
if the chief executive has not referred a child protection matter relating to the child to the litigation director under the Director of Child Protection Litigation Act 2016 , section 15 —the chief executive;
otherwise—the litigation director.
s 51AE ins 2010 No. 33 s 31
amd 2017 No. 44 s 16
- (a) the child will be at unacceptable risk of suffering harm if the order is not made; and
- (b) the following person will be able, within the term of the temporary custody order, to decide the most appropriate action to meet the child’s ongoing protection and care needs and start taking that action— (i) if the chief executive has not referred a child protection matter relating to the child to the litigation director under the Director of Child Protection Litigation Act 2016 , section 15 —the chief executive; (ii) otherwise—the litigation director.
- (i) if the chief executive has not referred a child protection matter relating to the child to the litigation director under the Director of Child Protection Litigation Act 2016 , section 15 —the chief executive;
- (ii) otherwise—the litigation director.
- (i) if the chief executive has not referred a child protection matter relating to the child to the litigation director under the Director of Child Protection Litigation Act 2016 , section 15 —the chief executive;
- (ii) otherwise—the litigation director.