182Referral to DFFH Secretary—application for therapeutic treatment order

182 Referral to DFFH Secretary—application for therapeutic treatment order

(1) The Children's Court may refer the matter of an application for a therapeutic treatment order to the DFFH Secretary for investigation under the Children, Youth and Families Act 2005 if—

(a) a child appears as an accused in a criminal proceeding in the Court; and

(b) the Court considers that there is prima facie evidence that grounds exist for the making of an application for a therapeutic treatment order in respect of the child.

(2) In deciding whether to refer a matter to the DFFH Secretary under subsection (1), the Children's Court must consider—

(a) the seriousness of the child's sexually abusive behaviours; and

(b) any previous history of sexually abusive behaviours of the child and how those behaviours were addressed; and

(c) the particular characteristics and circumstances of the child; and

(d) any other matters the Court considers relevant.

See Division 2 of Part 4.6 of the Children, Youth and Families Act 2005.