QLDIn ForceAct
Child Protection Act 1999
sec.65ACourt may make transition order
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### sec.65A Court may make transition order
This section applies if a court—
in relation to a child protection order granted under section 61 (d) or (e) —
refuses to extend the order or grant a further order before the order ends; or
revokes the order; or
decides an appeal against the making of the order in favour of a person other than the litigation director; or
in relation to a child protection order granted under section 61 (f) or (g) —
revokes the order; or
decides an appeal against the making of the order in favour of a person other than the litigation director.
The court may make an order (a transition order ) that the child protection order ends on a later day stated in the transition order.
The transition order may be made on the court’s own initiative or on the application, made orally or in the approved form, of a party to the proceeding.
If a party applies for the transition order and the court adjourns the proceeding before deciding the application, the child protection order continues in force, despite the decision mentioned in subsection (1) , until the application is decided.
The day stated in the transition order as the day on which the child protection order ends may not be more than 28 days after the day of the court’s decision under subsection (1) , even if a party applied for the transition order and the court adjourned the proceeding before deciding the application.
The court may make a transition order in a proceeding only once.
s 65A ins 2010 No. 33 s 44
amd 2016 No. 23 s 57 ; 2017 No. 44 s 37
(sec.65A-ssec.1) This section applies if a court— in relation to a child protection order granted under section 61 (d) or (e) — refuses to extend the order or grant a further order before the order ends; or revokes the order; or decides an appeal against the making of the order in favour of a person other than the litigation director; or in relation to a child protection order granted under section 61 (f) or (g) — revokes the order; or decides an appeal against the making of the order in favour of a person other than the litigation director.
(sec.65A-ssec.2) The court may make an order (a transition order ) that the child protection order ends on a later day stated in the transition order.
(sec.65A-ssec.3) The transition order may be made on the court’s own initiative or on the application, made orally or in the approved form, of a party to the proceeding.
(sec.65A-ssec.4) If a party applies for the transition order and the court adjourns the proceeding before deciding the application, the child protection order continues in force, despite the decision mentioned in subsection (1) , until the application is decided.
(sec.65A-ssec.5) The day stated in the transition order as the day on which the child protection order ends may not be more than 28 days after the day of the court’s decision under subsection (1) , even if a party applied for the transition order and the court adjourned the proceeding before deciding the application.
(sec.65A-ssec.6) The court may make a transition order in a proceeding only once.
- (a) in relation to a child protection order granted under section 61 (d) or (e) — (i) refuses to extend the order or grant a further order before the order ends; or (ii) revokes the order; or (iii) decides an appeal against the making of the order in favour of a person other than the litigation director; or
- (i) refuses to extend the order or grant a further order before the order ends; or
- (ii) revokes the order; or
- (iii) decides an appeal against the making of the order in favour of a person other than the litigation director; or
- (b) in relation to a child protection order granted under section 61 (f) or (g) — (i) revokes the order; or (ii) decides an appeal against the making of the order in favour of a person other than the litigation director.
- (i) revokes the order; or
- (ii) decides an appeal against the making of the order in favour of a person other than the litigation director.
- (i) refuses to extend the order or grant a further order before the order ends; or
- (ii) revokes the order; or
- (iii) decides an appeal against the making of the order in favour of a person other than the litigation director; or
- (i) revokes the order; or
- (ii) decides an appeal against the making of the order in favour of a person other than the litigation director.