s.76Protection of children in an emergency
76
Section 76Part 10 — CHILD MINDING AND DAY CARE FOR YOUNG CHILDREN

Protection of children in an emergency

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A court may make an order where —
the Department applies to the court for an order —
cancelling a registered person's registration;
varying any requirement imposed on a registered person under section 73 or 74; or
removing a requirement or imposing an additional requirement on such a person; and
it appears to the court that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm.
Any cancellation, variation, removal or imposition made in accordance with subsection (1) shall have effect from the date on which the order is made.
An application under subsection (1) may be made ex parte and shall be supported by a written statement of the Department's reasons for making it.
Where an order is made under this section, the Department shall serve on the registered person, as soon as is reasonably practicable after the making of the order —
notice of the order and of its terms; and
a copy of the statement of the Department's reasons which supported its application for the order.
Where the court imposes or varies any requirement under subsection (1), the requirement, or the requirement as varied, shall be treated for all purposes, other than those of section 78, as if it had been imposed under section 73 or (as the case may be) 74 by the department concerned.

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