sec.23Application to court

sec.23 Application to court

The commission may apply to the court for an order under this section if the commission is satisfied a child safe entity has failed to comply with— a compliance notice; or an enforceable undertaking. If the court is satisfied the child safe entity has failed to comply with the compliance notice or enforceable undertaking, the court may make 1 or more of the following orders— an order directing the child safe entity to comply with the compliance notice or enforceable undertaking; an order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units; any other order the court considers appropriate. In fixing the penalty, the court must consider— the size of, and resources available to, the child safe entity; and the nature and extent of the non-compliance; and the circumstances in which the contravention took place; and the likely harm caused by the failure to comply; and whether the child safe entity has previously failed to comply with a compliance notice or enforceable undertaking. In this section— court means a Magistrates Court. (sec.23-ssec.1) The commission may apply to the court for an order under this section if the commission is satisfied a child safe entity has failed to comply with— a compliance notice; or an enforceable undertaking. (sec.23-ssec.2) If the court is satisfied the child safe entity has failed to comply with the compliance notice or enforceable undertaking, the court may make 1 or more of the following orders— an order directing the child safe entity to comply with the compliance notice or enforceable undertaking; an order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units; any other order the court considers appropriate. (sec.23-ssec.3) In fixing the penalty, the court must consider— the size of, and resources available to, the child safe entity; and the nature and extent of the non-compliance; and the circumstances in which the contravention took place; and the likely harm caused by the failure to comply; and whether the child safe entity has previously failed to comply with a compliance notice or enforceable undertaking. (sec.23-ssec.4) In this section— court means a Magistrates Court.

• (a) a compliance notice; or
• (b) an enforceable undertaking.
• (a) an order directing the child safe entity to comply with the compliance notice or enforceable undertaking;
• (b) an order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units;
• (c) any other order the court considers appropriate.
• (a) the size of, and resources available to, the child safe entity; and
• (b) the nature and extent of the non-compliance; and
• (c) the circumstances in which the contravention took place; and