STATUTES AMENDMENT (CHILDREN'S PROTECTION) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. Clause 12, page 6, line 30 [clause 12, inserted section 99AAC(2)(c)(ii)(b)]—Delete 'and' and substitute:

or

No. Clause 12, page 6, after line 30 [clause 12, inserted section 99AAC(2)(c)]—After subparagraph (ii) insert:

(iii) the Court is otherwise satisfied that it is not in the best interests of the child for the child to reside with the defendant; and

No. Clause 12, page 7, lines 17 to 25 [clause 12, inserted section 99AAC(5)(b)]—Delete paragraph (b)

No. Clause 12, page 7, after line 29 [clause 12, inserted section 99AAC]—After subsection (5) insert:

(5a) If the Court has made a restraining order under this section, the Court may also, subject to any current proceedings before, or orders of, the Family Court of Australia or the Youth Court, make orders providing for the temporary placement of the child (pending, if necessary, proceedings before either of those courts)—

(a) subject to paragraphs (b) and (c), into the custody of a guardian of the child; or

(b) if the Court is not satisfied that placement of the child with a guardian is in the best interests of the child, or if such a placement is not possible or appropriate—into the custody of such other person as the Court directs; or

(c) if the Court is not satisfied that placement of the child with a guardian or some other person is in the best interests of the child, or if such a placement is not possible or appropriate—into the custody of the Minister (for a period not exceeding 28 days) and the care of such person as the Chief Executive, or the Chief Executive's nominee, directs.