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#40030
Sun 19 Oct 2008 07:40:PM
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Joined: Sep 2008
Posts: 109
Astronaut Level 3
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OP
Astronaut Level 3
Joined: Sep 2008
Posts: 109 |
A Temporary Assessment Order (TAO) is an order which can only be granted by a magistrate. This order is only heard by a magistrate and is not heard in court.
DOCS use a TAO to precure certain provision. The provisions that a TAO cover are:
*have contact with the child; *take the child into,and/or keep the child, in the custody of the chief executive while the order is in force; *authorise medical examination or treatment; *direct a parent about contact with the child; and *enter a residence or premises and search for a child.
DOCS can seek any number of provisions at one time. A TAO does not always seek cusody of the child. Custody is sought when DOCS believe that the child/ren are at immediate risk of harm.
The TAO can only go for 3 days from midnight the day it was granted. For example, if the order was granted on a Monday it will expire on Thursday at 12 midnight. A TAO can be extended but only for a period of 1 day and only if the magistrate agrees to this and only if they believe that DOCS will apply for a Court Assessment Order (CAO) or a Child Protection Order (CPO) (these will be detailed in another topic).
If DOCS wish to retain custody of a child they have to apply for and lodge either the CAO or CPO before the TAO expires. If they do not do so, then all provisions of the TAO, including custody are now void and the children must be returned.
A copy of the TAO must be given to at least one of the child's parents.
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