Director of Child Protection Litigation Act 2016
sec.45Existing proceedings
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sec.45 Existing proceedings
This section applies to the following proceedings— a child protection proceeding; a proceeding in an appellate court for— an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 . If, immediately before the commencement, the proceeding had not been finally dealt with— on the commencement the director becomes a party to the proceeding in place of the authorised officer; and for a child protection proceeding—the application the subject of the proceeding is taken to be a child protection matter. Section 24 applies to the chief executive (child safety) in relation to the child protection proceeding. (sec.45-ssec.1) This section applies to the following proceedings— a child protection proceeding; a proceeding in an appellate court for— an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 . (sec.45-ssec.2) If, immediately before the commencement, the proceeding had not been finally dealt with— on the commencement the director becomes a party to the proceeding in place of the authorised officer; and for a child protection proceeding—the application the subject of the proceeding is taken to be a child protection matter. (sec.45-ssec.3) Section 24 applies to the chief executive (child safety) in relation to the child protection proceeding.
- (a) a child protection proceeding;
- (b) a proceeding in an appellate court for— (i) an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or (ii) an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .
- (i) an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or
- (ii) an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .
- (i) an appeal against a decision about an application started under the pre-amended Child Protection Act 1999 , chapter 3 , part 4 ; or
- (ii) an appeal against a decision to transfer a child protection order or child protection proceeding to a participating State started under the pre-amended Child Protection Act 1999 , chapter 7 , part 2 or 4 .