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Children, Youth and Families Act 2005
312Breach of protection order—notice of application
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312 Breach of protection order—notice of application
S. 312(1) amended by No. 52/2013 s. 43(2).
(1) If at any time while a protection order to which this Division applies is in force the Secretary is satisfied on reasonable grounds that—
(a) there has been a failure to comply with any condition of the order; or
S. 312(1)(b) amended by No. 61/2014 s. 53(1).
(b) there has been a failure to comply with any direction given by the Secretary under section 282(2); or
S. 312(1)(c) repealed by No. 61/2014 s. 53(2).
(d) the child is living in conditions which are unsatisfactory in terms of the safety and wellbeing of the child—
the Secretary may serve a notice stating that an application will be made to the Court on a day and at a time specified in the notice for an order under section 318(2) confirming, varying or revoking the protection order.
(2) A notice under subsection (1) must be served on the relevant person and, if the child is of or above the age of 12 years, the child in accordance with section 594.
S. 312(3) substituted by No. 61/2014 s. 53(3).
(3) In this section, ***relevant person*** means the parent of the child.
S. 313 (Heading) substituted by No. 52/2013 s. 44(1).
S. 313 amended by No. 52/2013 s. 44(2)(a).