QLDIn ForceAct
Child Protection Act 1999
sec.67Court’s powers to make interim orders on adjournment
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### sec.67 Court’s powers to make interim orders on adjournment
On the adjournment of a proceeding for a court assessment order or child protection order, the Childrens Court may make any 1 or more of the following orders—
an interim order granting temporary custody of the child—
for a court assessment order—to the chief executive; or
for a child protection order—to the chief executive or a suitable person who is a member of the child’s family;
an interim order directing a parent of the child not to have contact (direct or indirect)—
with the child; or
with the child other than when a stated person or a person of a stated category is present;
an interim order authorising an authorised officer or police officer to have contact with the child.
In addition, the court may make an interim order authorising an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the court is satisfied—
entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and
the entry is necessary for the effective enforcement of an order made under subsection (1) (c) .
On entering a place, an authorised officer or police officer may remain in the place for as long as the officer considers necessary for exercising the officer’s powers under this section.
An authorised officer or police officer may exercise the officer’s powers under the order with the help, and using the force, that is reasonable in the circumstances.
The order has effect for the period of the adjournment.
s 67 amd 2003 No. 57 s 39 (1) sch 3 ; 2010 No. 33 s 45 ; 2022 No. 7 s 28
(sec.67-ssec.1) On the adjournment of a proceeding for a court assessment order or child protection order, the Childrens Court may make any 1 or more of the following orders— an interim order granting temporary custody of the child— for a court assessment order—to the chief executive; or for a child protection order—to the chief executive or a suitable person who is a member of the child’s family; an interim order directing a parent of the child not to have contact (direct or indirect)— with the child; or with the child other than when a stated person or a person of a stated category is present; an interim order authorising an authorised officer or police officer to have contact with the child.
(sec.67-ssec.2) In addition, the court may make an interim order authorising an authorised officer or police officer to enter and search any place the officer reasonably believes the child is, to find the child, if the court is satisfied— entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and the entry is necessary for the effective enforcement of an order made under subsection (1) (c) .
(sec.67-ssec.3) On entering a place, an authorised officer or police officer may remain in the place for as long as the officer considers necessary for exercising the officer’s powers under this section.
(sec.67-ssec.4) An authorised officer or police officer may exercise the officer’s powers under the order with the help, and using the force, that is reasonable in the circumstances.
(sec.67-ssec.5) The order has effect for the period of the adjournment.
- (a) an interim order granting temporary custody of the child— (i) for a court assessment order—to the chief executive; or (ii) for a child protection order—to the chief executive or a suitable person who is a member of the child’s family;
- (i) for a court assessment order—to the chief executive; or
- (ii) for a child protection order—to the chief executive or a suitable person who is a member of the child’s family;
- (b) an interim order directing a parent of the child not to have contact (direct or indirect)— (i) with the child; or (ii) with the child other than when a stated person or a person of a stated category is present;
- (i) with the child; or
- (ii) with the child other than when a stated person or a person of a stated category is present;
- (c) an interim order authorising an authorised officer or police officer to have contact with the child.
- (i) for a court assessment order—to the chief executive; or
- (ii) for a child protection order—to the chief executive or a suitable person who is a member of the child’s family;
- (i) with the child; or
- (ii) with the child other than when a stated person or a person of a stated category is present;
- (a) entry to a place has been, or is likely to be, refused, or it is otherwise justified in particular circumstances, including, for example, because the child’s whereabouts are not known; and
- (b) the entry is necessary for the effective enforcement of an order made under subsection (1) (c) .