Childrens Court Rules 2016
sec.75Court to consider suspension of contact review proceeding under the Child Protection Act , s 99MA
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sec.75 Court to consider suspension of contact review proceeding under the Child Protection Act , s 99MA
This rule applies if the registrar is notified that a contact review proceeding has been suspended under the Child Protection Act , section 99MA (3) (b) . The court must deal with the notification as soon as practicable, and may direct the registrar to bring forward the next appearance in the proceeding to deal with the notification. The court may issue directions to assist the court in deciding how to deal with the notification, including directing the parties to the application to file material by a particular day. If the court directs that the notification be dealt with at the next appearance, the registrar must notify the parties to the proceeding that— the notification is to be dealt with at the next appearance in the proceeding; and if the day of the next appearance has been brought forward under subrule (2) —the day has been moved under that subrule. The court must consider the notification and may— make an order that the subject matter of the reviewable decision may be dealt with by the tribunal in the contact review proceeding under the Child Protection Act , section 99MA (4) ; or do any of the following at the next appearance in the proceeding— make an interim order under the Child Protection Act , section 67 (1) (b) or 68 (1) (c) ; adjourn the proceeding and issue directions about dealing with the notification; decide the proceeding. See the Child Protection Act , section 99MA (5) for how the registrar is to notify the tribunal registrar of the court’s order or action. If the court makes an order under the Child Protection Act , section 99MA (4) in the absence of a party to the child protection proceeding, the registrar must notify the party that the decision was made. In this section— contact review proceeding means a review proceeding under the Child Protection Act , section 99MA . (sec.75-ssec.1) This rule applies if the registrar is notified that a contact review proceeding has been suspended under the Child Protection Act , section 99MA (3) (b) . (sec.75-ssec.2) The court must deal with the notification as soon as practicable, and may direct the registrar to bring forward the next appearance in the proceeding to deal with the notification. (sec.75-ssec.3) The court may issue directions to assist the court in deciding how to deal with the notification, including directing the parties to the application to file material by a particular day. (sec.75-ssec.4) If the court directs that the notification be dealt with at the next appearance, the registrar must notify the parties to the proceeding that— the notification is to be dealt with at the next appearance in the proceeding; and if the day of the next appearance has been brought forward under subrule (2) —the day has been moved under that subrule. (sec.75-ssec.5) The court must consider the notification and may— make an order that the subject matter of the reviewable decision may be dealt with by the tribunal in the contact review proceeding under the Child Protection Act , section 99MA (4) ; or do any of the following at the next appearance in the proceeding— make an interim order under the Child Protection Act , section 67 (1) (b) or 68 (1) (c) ; adjourn the proceeding and issue directions about dealing with the notification; decide the proceeding. See the Child Protection Act , section 99MA (5) for how the registrar is to notify the tribunal registrar of the court’s order or action. (sec.75-ssec.6) If the court makes an order under the Child Protection Act , section 99MA (4) in the absence of a party to the child protection proceeding, the registrar must notify the party that the decision was made. (sec.75-ssec.7) In this section— contact review proceeding means a review proceeding under the Child Protection Act , section 99MA .