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Detention Orders

A detention order is an order authorising the detention of a child for the purpose of ensuring compliance with an assessment order or a treatment order [s 54B(1)(c)].

A detention order must be for the shortest period the Court thinks appropriate, and must not exceed 12 months [s 54B(4)]. The order must also be reviewed by the Court at regular intervals until the child is released from detention [s 54B(5)].

The Court may only make a detention order in relation to a child if [s 54D(3)]:

  • The Court has made an assessment or treatment order in relation to the child and either the child has failed to comply with the order or the Court is satisfied that is likely that child will fail to comply; and
  • No other appropriate and less restrictive means is available to ensure the child complies

A child may only be detained at an assessment or treatment service, unless the child is already subject to a period of detention in a training centre. In this case the child may be detained at the training centre, but only for the period of the other detention [s 54I].

Detention Orders  :  Last Revised: Tue Nov 23rd 2021
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