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CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 13K
Temporary order made by court
13K Temporary order made by court
(1) During a proceeding for a final order for a respondent, the court must, on
its own initiative or on application by a party to the proceeding, decide
whether to make a temporary order for the respondent.
(2) However, the court
may only make the temporary order if the court— (a) is satisfied, on the
balance of probabilities, of the matters mentioned in section 13C (1) ; and
(b) after the temporary order is made, adjourns the proceedings.
(3) For
subsection (2) (a) — (a) the reference in section 13C (1) (b) (ii) to the
prohibition order is taken to be a reference to the temporary order; and
(b)
it is not necessary for the court to be able to identify a risk to a
particular child or particular children; and
(c) sections 13C (2) , (4) and
(5) , 13D and 13E do not apply.
(4) The temporary order need only be
supported by information the court considers sufficient and appropriate having
regard to the temporary nature of the temporary order.
(5) The temporary
order may be made in the respondent’s absence if the court is satisfied
application documents for the final order were served on the respondent under
section 13B (3) .
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