42ASupervision order

### 42A Supervision order > [*\[Section 42A Inserted by No. 64 of 2013, s. 18, Applied:28 Feb 2018\]*](/view/html/inforce/2018-02-28/act-2013-064#GS18@EN) > > > (1)  In this section – > > > > > ***specified*** means specified in a supervision order. > > > (2)  A ***supervision order*** is an order of the Court that, although not affecting the guardianship or custody of a child, provides – > > > > > > (a) that the Secretary is responsible for supervising a child; and > > > > > > > (b) for the child to be placed in the day-to-day care of one or more of the child's guardians. > > > (3)  A supervision order – > > > > > > (a) must require the guardians of the child to permit the Secretary to visit the child at his or her residence and to carry out any duties of the Secretary under the order; and > > > > > > > (b) must require the child and the guardians of the child to comply with any reasonable and lawful direction that the Secretary provides to the child or the guardians; and > > > > > > > (c) may require the child or a guardian of the child to do, or refrain from doing, any specified thing; and > > > > > > > (d) must not include a requirement as to where the child may or may not reside, other than a requirement – > > > > > > > > > > (i) that the child reside with the specified guardian or guardians; or > > > > > > > > > > > (ii) if the order specifies that the child is to reside with more than one guardian and those guardians do not reside together, that the child is to reside with each of those guardians for the specified times or for the times agreed by those guardians. > > > (4)  For the purposes of [subsection (3)(b)](#GS42A@Gs3@Hpb@EN)  – > > > > > > (a) the Secretary may only give a direction if he or she considers the direction to be in the best interests of the child; and > > > > > > > (b) the direction must be in a form approved by the Secretary. > > > (5)  A supervision order has effect – > > > > > > (a) if the Court is satisfied that there are special circumstances that warrant the order having effect for a period exceeding 12 months, for the period not exceeding 24 months specified in the order; or > > > > > > > (b) in any other case, for the period not exceeding 12 months specified in the order. > > > (6)  If a supervision order has effect for a period exceeding 12 months, the Secretary, within 12 months after the making of the order must – > > > > > > (a) review the operation of the order; and > > > > > > > (b) in writing, notify the Court, the child and the guardians of the child as to whether he or she considers – > > > > > > > > > > (i) that it is in the best interests of the child for the order to continue to have effect for the specified period; or > > > > > > > > > > > (ii) that it would not be detrimental to the best interests of the child for the order to cease to have effect 12 months after its making. > > > (7)  If the Secretary – > > > > > > (a) fails to notify the Court, the child and the guardians as required under [subsection (6)(b)](#GS42A@Gs6@Hpb@EN) ; or > > > > > > > (b) notifies the Court, the child and the guardians as required under [subsection (6)(b)](#GS42A@Gs6@Hpb@EN) that he or she considers that it would not be detrimental to the best interests of the child for the supervision order to cease to have effect 12 months after its making – > > > > the supervision order so ceases to have effect 12 months after its making.