22Assessment order

### 22 Assessment order > > (1)  The Secretary may apply to the Court for an assessment order. > > > (2)  On the application of the Secretary, the Court may make an assessment order in respect of a child if the Court is satisfied – > > > > > > (a) that there is a reasonable likelihood that a child is at risk; and > > > > > > > (b) that further assessment of the matter is warranted or a family group conference should be held; and > > > > > > > (c) that – > > > > > > > > > > (i) the assessment cannot properly proceed unless an assessment order is made; or > > > > > > > > > > > (ii) it is desirable that the child be protected while the matter is being assessed or a family group conference is being convened and held; and > > > > > > > (d) that it would be in the best interests of the child to make the order. > > > (3)  An assessment order may contain one or more of the following orders: > > > > > > (a) an order authorising examination and assessment of the child; > > > > > > > (b) an order authorising the Secretary to require – > > > > > > > > > > (i) any person to answer, to the best of his or her knowledge, information or belief, questions put by an employee of the Department authorised by the Secretary, either generally or in the particular case, to exercise the power to question; or > > > > > > > > > > > (ii) any person who has examined, assessed or treated a party to the proceedings, or the employer of that person, to provide the Secretary with a written report of that examination, assessment or treatment; > > > > > > > (c) an order granting custody of the child to the Secretary; > > > > > > > (d) any other order the Court considers appropriate. > > > (4)  An assessment order has effect for the period not exceeding 4 weeks that is specified in the order. > > > (5)  [*\[Section 22 Subsection (5) substituted by No. 64 of 2013, s. 10, Applied:01 Oct 2016\]*](/view/html/inforce/2016-10-01/act-2013-064#GS10@EN) An assessment order may, on application by the Secretary, be extended (once only) for the period not exceeding 8 weeks specified in the order if the Court is satisfied that – > > > > > > (a) the grounds on which the application is based are reasonable in the circumstances; and > > > > > > > (b) the extension would be in the best interests of the child. > > > (6)  If the hearing of an application under [subsection (5)](#GS22@Gs5@EN) is adjourned, or the application is determined after the date on which the assessment order would cease to have effect if this subsection were not in force, the assessment order continues to have effect until the application is determined. > > > (7)  Where an application under [subsection (5)](#GS22@Gs5@EN) is determined after the date on which the assessment order would cease to have effect if [subsection (6)](#GS22@Gs6@EN) were not in force, the period specified in [subsection (5)](#GS22@Gs5@EN) is to be reckoned from that date. > > > (8)  A party to an application for an assessment order who has been served personally with an order or was present in the Court when the order was made must not contravene the order. > > > > Penalty:  Fine not exceeding 40 penalty units or imprisonment for a term not exceeding 12 months, or both.