QLDIn ForceAct
Child Protection Act 1999
sec.51AKExplanation of temporary custody orders
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### sec.51AK Explanation of temporary custody orders
This section applies if a temporary custody order is made for a child.
If the child does not have long-term guardians, the applicant for the order must immediately—
provide at least 1 of the child’s parents with—
a copy of the order or the duplicate order under section 51AI (5) ; and
an explanation of the terms and effect of the order; and
information—
about the right of appeal; and
that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and
about how to appeal; and
tell the child about the order.
Section 195 deals with compliance with provisions about giving information.
If the child has long-term guardians, the applicant for the order must immediately—
comply with subsection (2) (a) as if a reference to parents were a reference to long-term guardians; and
comply, or make a reasonable attempt to comply, with subsection (2) (a) in relation to the child’s parents other than the long-term guardians; and
comply with subsection (2) (b) .
If, under subsection (3) (b) , the applicant does not comply with subsection (2) (a) in relation to the child’s parents other than the long-term guardians, but makes a reasonable attempt to comply, the applicant must document full details about the actions taken by the applicant in making the attempt.
s 51AK ins 2010 No. 33 s 31
(sec.51AK-ssec.1) This section applies if a temporary custody order is made for a child.
(sec.51AK-ssec.2) If the child does not have long-term guardians, the applicant for the order must immediately— provide at least 1 of the child’s parents with— a copy of the order or the duplicate order under section 51AI (5) ; and an explanation of the terms and effect of the order; and information— about the right of appeal; and that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and about how to appeal; and tell the child about the order. Section 195 deals with compliance with provisions about giving information.
(sec.51AK-ssec.3) If the child has long-term guardians, the applicant for the order must immediately— comply with subsection (2) (a) as if a reference to parents were a reference to long-term guardians; and comply, or make a reasonable attempt to comply, with subsection (2) (a) in relation to the child’s parents other than the long-term guardians; and comply with subsection (2) (b) .
(sec.51AK-ssec.4) If, under subsection (3) (b) , the applicant does not comply with subsection (2) (a) in relation to the child’s parents other than the long-term guardians, but makes a reasonable attempt to comply, the applicant must document full details about the actions taken by the applicant in making the attempt.
- (a) provide at least 1 of the child’s parents with— (i) a copy of the order or the duplicate order under section 51AI (5) ; and (ii) an explanation of the terms and effect of the order; and (iii) information— (A) about the right of appeal; and (B) that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and (C) about how to appeal; and
- (i) a copy of the order or the duplicate order under section 51AI (5) ; and
- (ii) an explanation of the terms and effect of the order; and
- (iii) information— (A) about the right of appeal; and (B) that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and (C) about how to appeal; and
- (A) about the right of appeal; and
- (B) that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and
- (C) about how to appeal; and
- (b) tell the child about the order. Note— Section 195 deals with compliance with provisions about giving information.
- (i) a copy of the order or the duplicate order under section 51AI (5) ; and
- (ii) an explanation of the terms and effect of the order; and
- (iii) information— (A) about the right of appeal; and (B) that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and (C) about how to appeal; and
- (A) about the right of appeal; and
- (B) that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and
- (C) about how to appeal; and
- (A) about the right of appeal; and
- (B) that, because of the duration of the order, if the parent wishes to appeal against the order, an appeal should be started immediately; and
- (C) about how to appeal; and
- (a) comply with subsection (2) (a) as if a reference to parents were a reference to long-term guardians; and
- (b) comply, or make a reasonable attempt to comply, with subsection (2) (a) in relation to the child’s parents other than the long-term guardians; and
- (c) comply with subsection (2) (b) .