QLDIn ForceAct
Child Protection Act 1999
sec.64Extension of certain child protection orders
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### sec.64 Extension of certain child protection orders
An application for an extension of a child protection order for a child, other than an order granting long-term guardianship of a child, may be made to the Children’s Court.
Only the litigation director may make the application—see the Director of Child Protection Litigation Act 2016 , section 10 .
The application must be made before the order ends.
If the application is an application to extend a child protection order granting custody or short-term guardianship of a child, the court must not extend the order for a period of time that would result in the child being in continuous care for a period of 2 years or more.
However, subsection (3) does not apply if the court is satisfied—
it is in the best interests of the child for the order to be extended for a longer time than the time provided for under subsection (3) ; and
reunification of the child with the child’s family is reasonably achievable within the longer time.
Subject to subsections (3) and (4) , this part applies, with all necessary changes, to the application as if it were an application for a child protection order.
s 64 amd 2016 No. 23 s 55 ; 2017 No. 44 s 35
(sec.64-ssec.1) An application for an extension of a child protection order for a child, other than an order granting long-term guardianship of a child, may be made to the Children’s Court. Only the litigation director may make the application—see the Director of Child Protection Litigation Act 2016 , section 10 .
(sec.64-ssec.2) The application must be made before the order ends.
(sec.64-ssec.3) If the application is an application to extend a child protection order granting custody or short-term guardianship of a child, the court must not extend the order for a period of time that would result in the child being in continuous care for a period of 2 years or more.
(sec.64-ssec.4) However, subsection (3) does not apply if the court is satisfied— it is in the best interests of the child for the order to be extended for a longer time than the time provided for under subsection (3) ; and reunification of the child with the child’s family is reasonably achievable within the longer time.
(sec.64-ssec.5) Subject to subsections (3) and (4) , this part applies, with all necessary changes, to the application as if it were an application for a child protection order.
- (a) it is in the best interests of the child for the order to be extended for a longer time than the time provided for under subsection (3) ; and
- (b) reunification of the child with the child’s family is reasonably achievable within the longer time.