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Children, Youth and Families Act 2005
314Placing child in emergency care without notice
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314 Placing child in emergency care without notice
(a) the Secretary is satisfied that there is good reason not to proceed as specified in section 312(1) or that service of a notice under section 312(1) cannot be carried out; and
(b) the Secretary is satisfied on reasonable grounds that—
S. 314(1)(b)(i) amended by No. 61/2014 s. 54(a).
(i) there has been a failure to comply with any condition of the family preservation order; or
S. 314(1)(b)(ii) amended by No. 61/2014 s. 54(b).
(ii) there has been a failure to comply with any direction given by the Secretary under section 282(2); or
S. 314(1)(b)(iii) repealed by No. 61/2014 s. 54(c).
(iv) the child is living in conditions which are unsatisfactory in terms of the safety and wellbeing of the child.
S. 314(2) amended by No. 52/2013 s. 45(2).
(2) The Secretary may, without a warrant, place the child in emergency care or apply to a magistrate for the issue of a search warrant.
S. 315 (Heading) substituted by No. 52/2013 s. 46(1).
S. 315 amended by No. 52/2013 s. 46(2).