QLDIn ForceAct
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
sec.13IApplying for temporary order
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### sec.13I Applying for temporary order
The police commissioner may apply in the approved form to a magistrate for a temporary order for a person if the police commissioner—
has the belief mentioned in section 13A (1) about the person; and
also believes on reasonable grounds that—
the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and
the making of the temporary order will reduce the risk.
The application must state—
the matters mentioned in section 13A (2) ; and
why the police commissioner believes the temporary order is necessary.
The application may be made without notice being given to the respondent, or a police officer may give notice, in the approved form, to the respondent stating—
when and how the application will be made; and
that the respondent—
may be present before the magistrate when the application is made; and
may make submissions to the magistrate.
The Police Powers and Responsibilities Act 2000 , sections 800 to 802 apply to the application for the temporary order as if the temporary order were a prescribed authority within the meaning of that Act.
The Police Powers and Responsibilities Act 2000 , sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.
s 13I ins 2017 No. 14 s 11
amd 2018 No. 20 s 3H
(sec.13I-ssec.1) The police commissioner may apply in the approved form to a magistrate for a temporary order for a person if the police commissioner— has the belief mentioned in section 13A (1) about the person; and also believes on reasonable grounds that— the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and the making of the temporary order will reduce the risk.
(sec.13I-ssec.2) The application must state— the matters mentioned in section 13A (2) ; and why the police commissioner believes the temporary order is necessary.
(sec.13I-ssec.3) The application may be made without notice being given to the respondent, or a police officer may give notice, in the approved form, to the respondent stating— when and how the application will be made; and that the respondent— may be present before the magistrate when the application is made; and may make submissions to the magistrate.
(sec.13I-ssec.4) The Police Powers and Responsibilities Act 2000 , sections 800 to 802 apply to the application for the temporary order as if the temporary order were a prescribed authority within the meaning of that Act. The Police Powers and Responsibilities Act 2000 , sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.
- (a) has the belief mentioned in section 13A (1) about the person; and
- (b) also believes on reasonable grounds that— (i) the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and (ii) the making of the temporary order will reduce the risk.
- (i) the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and
- (ii) the making of the temporary order will reduce the risk.
- (i) the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and
- (ii) the making of the temporary order will reduce the risk.
- (a) the matters mentioned in section 13A (2) ; and
- (b) why the police commissioner believes the temporary order is necessary.
- (a) when and how the application will be made; and
- (b) that the respondent— (i) may be present before the magistrate when the application is made; and (ii) may make submissions to the magistrate.
- (i) may be present before the magistrate when the application is made; and
- (ii) may make submissions to the magistrate.
- (i) may be present before the magistrate when the application is made; and
- (ii) may make submissions to the magistrate.