CHILDREN, YOUTH AND FAMILIES ACT 2005
Table of Provisions
PART 1.1--INTRODUCTION
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 3A Meaning of terrorism record
- 3B Meaning of terrorism risk information
- 6 Aboriginal agency
- 7 References to Parts
PART 1.2--PRINCIPLES
Division 1--Decision makers to have regard to principles- 8 Decision makers to have regard to principles
- 9 Role of principles Division 2--Best interests principles
- 10 Best interests principles Division 3--Decision-making principles
- 11 Decision-making principles Division 4--Additional decision-making principles for Aboriginal children
- 12 Additional decision-making principles
- 13 Aboriginal Child Placement Principle
- 14 Further principles for placement of Aboriginal child
- 15 Functions and powers of the Secretary
- 16 Responsibilities of the Secretary
- 16A Power of the Secretary to enter into contracts
- 16B Powers of the Secretary in relation to land
- 16C Committee of management
- 16D Record of dealings
- 16E Secretary's powers in relation to intellectual property
- 17 Delegation
- 18 Secretary may authorise principal officer of Aboriginal agency to act
- 18AAA Revocation of authorisation under section 18(1)
- 18AAB Principal officer to notify Secretary if principal officer considers authorisation no longer in best interests
- 18A Powers and functions of acting principal officer
- 18B Delegation by principal officer of Aboriginal agency
- 18C Disclosure of information by Secretary to principal officer of Aboriginal agency
- 18D Use of information disclosed to Aboriginal agency and principal officer
- 19 Secretary may authorise person in charge of community service to act
- 19A Information use and disclosure for purposes of authorised functions and powers
- 20A Disclosure of information for administrative purposes
- 20B Report by Secretary
PART 3.1--SUPPORT FOR COMMUNITY-BASED SERVICES AND FAMILIES
- 21 Object of Part
- 22 Purposes of community-based child and family services
- 23 Power of Secretary to provide funds
- 24 Family assistance grants
- 25 Authority to use Crown property
- 26 Agreements relating to use of Crown property
PART 3.2--CONCERN ABOUT WELLBEING OF CHILD
- 27 Object of Part
- 28 Report to Secretary about child
- 29 Report to Secretary about unborn child
- 30 Response by Secretary to report
- 31 Referral to community-based child and family service about child
- 32 Referral to community-based child and family service about unborn child
- 33 Response by community-based child and family service to referral
- 34 Is the report about a child in need of protection?
- 38 Consultation with Secretary
- 39 Records of disclosures
- 40 Reporters and referrers protected
- 41 Identity of reporter or referrer confidential
- 42 Review by Victorian Civil and Administrative Tribunal
PART 3.2A--DISCLOSURE OF INFORMATION ABOUT CHILD'S CONTACT WITH REGISTRABLE OFFENDER
- 42A Interpretation
- 42B Secretaries may disclose information relating to registrable offenders
- 42C Chief Commissioner of Police and Secretary may disclose information relating to registrable offenders
- 42D Disclosure of certain information relating to registrable offender in certain circumstances
- 42E Information obtained in certain circumstances not to be disclosed without authority
PART 3.3--COMMUNITY SERVICES
Division 1--Object of Part- 43 Object of Part Division 2--Departmental services
- 44 Departmental community services and secure welfare services Division 3--Registration of community services
- 45 Application for registration
- 46 Registration
- 47 Categories of registration
- 48 Conditions on registration
- 49 Period of registration
- 50 Renewal of registration
- 51 Revocation of registration
- 52 Notice to community service
- 53 Application for review
- 54 Register of community services
- 55 What information is to be included in the register?
- 56 Registered community service to notify changes
- 57 Register to be made public Division 4--Performance standards and responsibilities of community services
- 58 Performance standards
- 59 What can performance standards provide for?
- 60 Community service to comply with performance standards
- 61 Responsibilities of registered community services Division 5--Monitoring and review of community services
- 62 Secretary may conduct inquiries
- 63 Appointment of assessor
- 64 Visits to community services
- 65 Community service to assist Division 6--Appointment of administrator
- 66 Displacement of other laws
- 67 Appointment of administrator
- 68 Period of appointment of administrator
- 69 Powers of administrator
- 70 Revocation of appointment of administrator
- 71 Remuneration of administrator Division 7--Information privacy and registered community services
- 72 Registered community services Division 8--Secure welfare services--security measures
- 72A Definitions
- 72B Search on entering or leaving a secure welfare service
- 72C Secretary may order search
- 72D Unclothed search of child resident
- 72E Manner of conducting frisk search or unclothed search
- 72F Manner of conducting any search under this Division
- 72G Consequences of refusal to submit to search
- 72H Seizure
- 72I Seizure register
- 72J Certain seized items to be handed to police
- 72K Manner of dealing with seized things that may be used in a legal proceeding
- 72L Manner of dealing with seized money
- 72M Manner of dealing with other seized articles or things
- 72N Disposal
- 72O Prohibition of use of seclusion as punishment
- 72P Seclusion in secure welfare service
PART 3.4--OUT OF HOME CARERS
Division 1--Introductory- 73 Object of Part
- 74 Definitions Division 2--Approval, employment or engagement of out of home carers
- 75 Approval of foster carers
- 76 Employment or engagement of carer
- 77 Matters to be considered
- 78 Notice of approval, employment or engagement of carer
- 79 Notice of revocation of approval or termination of employment or engagement of carer Division 3--Register of out of home carers
- 80 Register of out of home carers Division 4--Conduct of out of home carers
- 81 Report to Secretary by service of allegation about carer
- 82 Other reports to Secretary of allegations about carers
- 83 Secretary to report allegation to police
- 84 Notice to carer of allegation
- 85 Consideration by Secretary of report
- 86 Decision by Secretary on report
- 87 Notice to carer of decision
- 88 Record of reports
- 89 Appointment of investigator
- 90 Powers of authorised investigator
- 91 Out of home care service to assist investigator
- 92 Report by authorised investigator
- 93 Decision of Secretary following investigation
- 94 Notice to carer of result of investigation
- 95 Notice to out of home care service of result of investigation
- 96 Referral to Suitability Panel
- 97 Secretary not to proceed if police investigation is proceeding Division 5--The Suitability Panel
- 98 Establishment of Panel
- 99 Constitution of Panel
- 100 Terms and conditions of appointment
- 101 Functions of Panel
- 102 Executive officer of Panel
- 103 Constitution of Suitability Panel for hearings
- 104 Notice to parties of hearing
- 105 Finding of Panel on allegation
- 106 Finding in relation to disqualification
- 107 Notice of Panel's findings and determinations
- 108 Secretary to record finding
- 109 Notice to out of home care service
- 110 Application for review of disqualification
- 111 Notice to parties of hearing of application
- 112 Finding in relation to application
- 113 Notice of Panel's determination on application
- 114 Secretary to record removal of disqualification
- 115 Conduct of hearing
- 116 Procedure at hearings
- 117 Powers of panel conducting a formal hearing
- 118 Review by VCAT Division 6--Offences
- 119 Out of home care service not to approve, engage or employ disqualified person
- 120 Out of home care service must ask Secretary if person is disqualified
- 121 Offence to apply for work as out of home carer while disqualified
- 122 Offence to apply to work as out of home carer without disclosing investigation Division 7--General
- 123 Information provided not to be used in criminal proceedings
- 124 Protection of reporter
- 125 Disclosure of information to police and investigator
- 126 Secretary may provide information for the purpose of proceedings
- 127 Limited disclosure of information to out of home care services
- 128 Disclosure by Chief Commissioner of Police
- 129 Disclosure of information by Secretary
- 130 Confidentiality of information acquired by authorised investigator
- 131 Confidentiality of proceedings
- 132 Disclosure allowed for referee checks
- 132A Immunity
PART 3.5--CHILD CARE AGREEMENTS
Division 1--Introduction- 133 Object
- 134 Definitions Division 2--Short-term child care agreements
- 135 Short-term child care agreements
- 136 Return of child to parent who has custody
- 137 Extension of agreement
- 138 Maximum period for care under agreement
- 139 Review of agreement
- 140 Agreement may be made with minor
- 141 Termination of agreement
- 142 Return of child to parent at end of agreement
- 143 Rates of payment under agreement Division 3--Long-term child care agreements
- 144 Children who may be the subject of a long-term child care agreement
- 145 Long-term child care agreements
- 146 When will the Secretary approve an agreement?
- 147 Who may have the care of the child under an agreement?
- 148 Who is a suitable person?
- 149 What must an agreement include?
- 150 Maximum period of care under agreement
- 151 Return of child at request of parent with custody
- 152 Review of agreement
- 153 Agreement may be with minor
- 154 Termination of agreement
- 155 Return of child at end of agreement
- 156 Rates of payment under agreement Division 4--Review of decision-making and reports
- 157 Review by Secretary
- 158 Review by Victorian Civil and Administrative Tribunal
- 159 Report by service providers
- 160 Report by Secretary
PART 3.6--RESTRICTIONS ON LONG-TERM CARE OF CHILDREN
PART 3.7--MANAGEMENT OF CHILDREN IN OUT OF HOME CARE
PART 4.1--CHILDREN IN NEED OF PROTECTION
PART 4.2--RESPONSIBILITIES OF MINISTER
- 164 Responsibilities of Minister
PART 4.3--RESPONSIBILITIES OF SECRETARY
Division 1--Case planning- 166 What is a case plan?
- 167 Permanency objective
- 168 Preparation of case plan
- 169 Review of case plan Division 1A--Therapeutic treatment planning
- 169A What is a therapeutic treatment plan?
- 169B Preparation of therapeutic treatment plan
- 169C Review of therapeutic treatment plan Division 2--Responsibilities of Secretary for a child for whom Secretary has parental responsibility
- 172 Powers of Secretary when Secretary has parental responsibility
- 173 Placement of children
- 174 Secretary's duties in placing child
- 175 Support for child moving from secure welfare service
- 175A Secretary may specify certain issues
- 175B Authorisation of carer to make certain decisions
- 175C When Secretary must consult with parent of child
- 176 Cultural support for Aboriginal child
- 177 State Guardianship Fund Division 3--Responsibility to provide information
- 178 Responsibility of Secretary to provide information to parents
- 179 Responsibility of Secretary or out of home care service to provide information to carers
- 180 Confidentiality
PART 4.4--REPORTING
Division 1--Introduction- 181 Who is a protective intervener?
- 182 Who is a mandatory reporter? Division 2--Report to protective intervener
- 183 Report to protective intervener
- 184 Mandatory reporting
- 185 Report on child in need of therapeutic treatment
- 186 Grounds for belief
- 187 Determination by Secretary about report
- 188 Record of report Division 3--Protection of reporters
- 189 Reporters protected
- 190 Evidence and legal proceedings
- 191 Confidentiality
PART 4.5--DISCLOSURE OF INFORMATION
Division 1--Voluntary disclosure of information- 192 Disclosure and use of information under this Act
- 193 Disclosure of information in course of consultation by a community-based child and family service Division 2--Compulsory disclosure of information
- 194 Who is an authorised officer?
- 195 Secretary may authorise direction to disclose
- 196 Authorised officer may require disclosure of information
- 197 Refusal or failure to comply with requirement
- 198 Protection against self-incrimination
- 199 Legal professional privilege and client legal privilege
- 200 Medical professional privilege does not apply
- 201 Offence to give false or misleading information
- 202 Exclusion of evidence of disclosed information
PART 4.6--INVESTIGATION
Division 1--Investigation of protective intervention report- 204 Directions for protective interveners
- 205 Investigation by protective intervener
- 206 Record of investigation
- 207 Provision of protection report to police
- 208 Protection of givers of information
- 209 Confidentiality Division 2--Investigation of therapeutic treatment report
- 210 Investigation by Secretary
- 211 Record of investigation
- 212 Protection of givers of information
- 213 Confidentiality
PART 4.7--PROCEDURE IN FAMILY DIVISION
Division 1--General- 214 How proceeding in Family Division commenced
- 215 Conduct of proceedings in Family Division
- 215A Standard of proof
- 215B Management of child protection proceedings
- 216 Power of Family Division to make certain orders by consent in absence of parties
- 216A Child not required to attend Court in Family Division Division 2--Conciliation conferences
- 217 Referral of application to conciliation conference
- 218 What is a conciliation conference?
- 220 Guidelines for conciliation conferences
- 221 Time and place of conciliation conference
- 222 Who is to attend a conciliation conference?
- 223 Report to Court by convenor
- 224 Court to consider report of convenor
- 225 Immunity of participants
- 226 Confidentiality of conciliation conferences
- 227 Conciliation convenors
PART 4.8--PROTECTIVE INTERVENTION
Division 1--Temporary assessment orders- 228 Application for temporary assessment order by notice
- 229 Application for temporary assessment order without notice
- 230 Matters to be considered by Court
- 231 Temporary assessment order
- 232 What may a temporary assessment order provide for?
- 233 Child not to be medically examined in certain cases
- 234 Protection of privileges
- 235 Application for variation or revocation of order made in absence of child
- 236 Duration of temporary assessment order
- 237 Secretary may apply for warrant
- 238 Report to Court by Secretary
- 239 Appeal against temporary assessment order Division 2--Action by protective intervener
- 240 Action by protective intervener
- 241 Protective intervener may place child in need of protection in emergency care
- 242 Actions on placing child in emergency care
- 243 Making a protection application without placing child in emergency care Division 3--Child in need of therapeutic treatment
- 244 When is a child in need of therapeutic treatment?
- 245 Referral to Therapeutic Treatment Board for advice
- 246 Secretary may apply for therapeutic treatment order
- 247 Issue of search warrant if child does not appear
- 247A Actions on placing child in emergency care—therapeutic treatment application
- 248 When Court may make order under this Division
- 249 Therapeutic treatment order
- 250 Duration of order
- 251 Statements by child not admissible in criminal proceedings
- 252 When can a therapeutic treatment (placement) order be made?
- 253 Therapeutic treatment (placement) order
- 254 Duration of order
- 255 Application for extension of order
- 256 Extension of order
- 257 Variation of order
- 258 Revocation of order Division 4--Irreconcilable differences
- 259 Application if there is an irreconcilable difference
- 260 Conciliation counselling
- 261 Proceeding on application if party does not appear Division 5--Interim accommodation orders
- 262 Interim accommodation order
- 263 Conditions of interim accommodation order
- 264 Duration of interim accommodation order
- 265 Parent entitled to know child's whereabouts
- 266 Power of Secretary to transfer child
- 267 Extension of interim accommodation order
- 268 Application for variation of interim accommodation order
- 269 Procedure on breach of interim accommodation order
- 270 Application for new interim accommodation order
- 271 Appeal against interim accommodation order Division 6--Undertakings
- 272 Order requiring undertaking
- 273 Variation or revocation of undertaking
PART 4.9--PROTECTION ORDERS
Division 1--General- 274 When Court may make order under this Part
- 275 Types of protection order
- 276 Restrictions on the making of protection orders
- 276A Court to have regard to certain matters
- 277 Service of applications Division 2--Undertaking
- 278 Undertaking—protection order
- 279 Variation or revocation of undertaking Division 3--Family preservation order
- 280 Family preservation order
- 281 Family preservation order may impose conditions
- 282 Powers of Secretary under family preservation order Division 6--Family reunification order
- 287 Family reunification order
- 287A Determining the period of a family reunification order
- 288 Lapsing of family reunification order
- 288A Change to nature of order Division 7--Care by Secretary order
- 289 Care by Secretary order
- 289A Change to nature of order Division 8--Long-term care order
- 290 Long-term care order Division 10--Extension of protection orders
- 293 Application for extension of protection order
- 294 Extension of order
- 294A Restrictions on the extension of protection orders
- 296 Duration of extension
- 298 Review of extended orders Division 11--Variation of protection orders
- 299 Application of Division
- 300 Application for variation of order
- 300A Secretary may apply for variation of order without notice
- 301 Decision of Court on application for variation
- 302 Interim variation of family reunification order Division 12--Revocation of protection orders
- 303 Application of Division
- 304 Application for revocation of order—general
- 305 Application for revocation of care by Secretary order
- 306 Application for revocation of long-term care order
- 307 Decision of Court on application for revocation
- 308 Revocation of family reunification order or care by Secretary order
- 309 Revocation of long-term care order
- 310 Court may make further orders on revocation Division 13--Breach of protection order
- 311 Application of Division
- 312 Breach of protection order—notice of application
- 313 Placing child in emergency care when notice is served
- 314 Placing child in emergency care without notice
- 315 Requirements when placing child in emergency care
- 316 Order to continue
- 318 Decision of Court
PART 4.10--PERMANENT CARE ORDERS
- 319 When Court may make permanent care order
- 320 Application for permanent care order
- 321 Permanent care order
- 322 Restrictions on the making of permanent care orders
- 323 Restrictions on the making of permanent care order in respect of an Aboriginal child
- 324 Lapsing of permanent care order
- 325 Disputes between persons jointly granted parental responsibility
- 325A Change to nature of order
- 326 Variation or revocation of permanent care order
- 327 Decision on application for variation or revocation
PART 4.11--APPEALS AND REVIEWS
Division 1--Appeals- 329 Appeal to Supreme Court on a question of law
- 330 Appeals to be heard in open court Division 2--Reviews
- 331 Internal review
- 332 Internal review—decision of principal officer of Aboriginal agency
- 333 Review by Victorian Civil and Administrative Tribunal
PART 4.12--INTERSTATE MOVEMENT OF CHILDREN AND TRANSFERS
Division 1--Interstate movement of children- 334 Definition
- 335 Interstate movement of children
- 336 Financial or other arrangements
- 337 Transfer agreements Division 2--Transfer of child protection orders and proceedings
- 338 Transfer of child protection orders and proceedings
PART 4.13--THERAPEUTIC TREATMENT BOARD
- 339 Establishment of Therapeutic Treatment Board
- 340 Constitution of Board
- 341 Functions of Board
- 342 Committees
- 343 Procedure of the Board
PART 5.1--CRIMINAL RESPONSIBILITY OF CHILDREN
PART 5.1A--COMMENCEMENT OF PROCEEDINGS
- 344A Time limits for filing a charge-sheet
- 344B Application for extension of time for commencement of proceeding
- 344C Extension of time
- 344D Rehearing
PART 5.2--PROCEDURES AND STANDARD OF PROOF
Division 1--Custody and bail- 345 Children to be proceeded against by summons
- 346 Child in custody to be brought before Court or bail justice
- 347 Child in custody to be placed in remand centre
- 347A Child may be temporarily held in police gaol to facilitate transport to and from court and youth justice facilities Division 2--Referral for investigation
- 349 Referral to Secretary
- 350 Report of investigation
- 351 Report on outcome of application
- 352 Court must adjourn in case of therapeutic treatment order
- 352A Report to Criminal Division on child's progress under therapeutic treatment order
- 353 Report to Criminal Division on outcome of therapeutic treatment order
- 354 Hearing of adjourned case
- 354A Powers of Court in criminal proceedings if child accused voluntarily participates in therapeutic treatment program
- 355 Pre-sentence report to Court Division 3--Procedure for indictable offences that may be heard and determined summarily
- 356 Procedure for indictable offences that may be heard and determined summarily
- 356A Exceptional circumstances Division 3A--Diversion
- 356B Application of Division
- 356C Purposes of diversion
- 356D Adjournment to undertake diversion program
- 356E Acknowledgement of responsibility and consent to diversion by the child
- 356F Prosecutorial consent to diversion
- 356G Matters to be considered when determining the type of diversion program
- 356H Extension of adjournment
- 356I Conclusion of the diversion program
- 356J Diversion program and community service activities
- 356K Natural justice Division 4--Standard of proof
- 357 Proof beyond reasonable doubt Division 5--Reports and other matters to be taken into account in considering sentence
- 358 Court may only consider certain reports and other matters
- 359 Victim impact statements
- 359A Alternative arrangements for reading aloud of victim impact statement
- 359B Alternative arrangements for examination
PART 5.3--SENTENCES
Division 1--Sentencing generally- 360 Sentences
- 361 Sentencing hierarchy
- 362 Matters to be taken into account
- 362A Sentence discount for guilty plea
- 362B Aggregate sentence of detention Division 2--Undertaking
- 363 Non-accountable undertaking
- 364 Breach of undertaking Division 3--Accountable undertaking
- 365 Accountable undertaking
- 366 Breach of undertaking Division 4--Good behaviour bond
- 367 Good behaviour bond
- 368 Dismissal where bond observed
- 369 Child required to appear
- 370 Failure to appear
- 371 Breach of bond
- 372 Time for application Division 5--Fines
- 373 Fines
- 374 Financial circumstances of child to be considered
- 375 Instalment orders
- 376 Time to pay
- 377 Application for time to pay, for instalment order or for variation of instalment order
- 378 Default in payment of fine or instalment
- 379 Reduction of order by payment of portion of fine Division 6--Probation orders
- 380 Court may order probation
- 381 Conditions of probation orders
- 382 Concurrent probation orders
- 383 Court may require Secretary to report
- 384 Breach of probation
- 385 Secretary's report
- 386 Time for application Division 7--Youth supervision orders
- 387 Court may impose youth supervision order
- 388 Concurrent youth supervision orders
- 389 Youth supervision orders
- 390 Suspension of youth supervision order
- 391 Court may require Secretary to report
- 392 Breach of youth supervision order
- 393 Penalties for breach
- 394 Matters to be taken into account
- 395 Time for application Division 8--Youth attendance orders
- 396 Definitions
- 397 Youth attendance order
- 398 Restrictions on power to make youth attendance order
- 399 Sentencing court to impose requirements
- 400 Concurrent orders
- 401 Copy of order to be given
- 402 Reporting
- 403 Suspension of youth attendance order
- 404 Court may require Secretary to report
- 405 Objects of youth attendance order
- 406 Person subject to control etc. of Secretary etc.
- 407 Community service
- 408 Breach of youth attendance order
- 409 Application for variation or revocation of order Division 8A--Youth control orders
- 409A Objects of a youth control order
- 409B Court may make youth control order
- 409C Restrictions on power to make a youth control order
- 409D Court order for youth control order planning meeting
- 409E Matters to which Court is to have regard in determining whether to make a youth control order
- 409F Court to impose certain requirements
- 409G Non-accountable parental undertaking
- 409H Breach of undertaking
- 409I Concurrent orders
- 409J Copy of order to be given
- 409K Remission of monitoring etc. to the Court
- 409L Reporting and monitoring
- 409M Suspension of youth control order
- 409N Variation of youth control order
- 409O Warning of possible variation of a youth control order
- 409P Neither consent nor warning required
- 409Q Revocation of youth control order
- 409R Consequences of revocation of youth control order
- 409S Purpose of youth control order planning meeting
- 409T Requirements for youth control order planning meetings
- 409U Youth control order plan
- 409V Requirements for report of meeting
- 409W Youth control order planning meeting report to be filed in the Court
- 409X Access to youth control order planning meeting report
- 409Y Confidentiality of meeting
- 409Z Report by appellate court
- 409ZA References to the Secretary Division 9--Youth residential centre orders
- 410 Court may make youth residential centre order
- 411 Youth residential centre orders Division 10--Youth justice centre orders
- 412 Court may make youth justice centre order
- 413 Youth justice centre orders Division 11--Deferral of sentencing
- 414 Deferral of sentencing
- 415 Group conference
- 416 Hearing of adjourned case Division 12--Orders in addition to sentence
- 417 Orders in addition to sentence
- 418 Enforcement of orders in addition to sentence Division 13--General
- 419 Provisions applicable to warrants
- 420 Bail
- 421 Variation or revocation of order
- 422 Suspension of order
- 423 Proceedings for breach of sentence
PART 5.4--APPEALS
Division 1--Appeal by offender to the County Court or Trial Division of the Supreme Court- 424 Right of appeal
- 425 How appeal is commenced
- 426 Determination of appeal Division 7A--of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court. Division 2--Appeal by DPP against sentence
- 427 DPP's right of appeal against sentence
- 428 How appeal is commenced
- 429 Determination of DPP appeal Division 7A--of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court. Division 2A--Appeal by DPP--Failure to fulfil undertaking
- 429A DPP's right of appeal—failure to fulfil undertaking
- 429B How appeal is commenced
- 429C Determination of DPP's appeal—failure to fulfil undertaking Division 3--Procedure on appeals from Children's Court
- 430 Late notice of appeal deemed to be application for leave to appeal
- 430A Stay of order
- 430B Bail pending appeal
- 430C Abandonment of appeal
- 430D Appellant's failure to appear
- 430E Respondent's failure to appear on appeal by DPP
- 430F One notice of appeal for 2 or more sentences
- 430G Appeal to County Court or Supreme Court authorised by other Acts Division 4--Reports
- 430H Application of Division
- 430I Court may order pre-sentence report
- 430J Notification of requirement to submit pre‑sentence report
- 430K Pre-sentence report to be filed with court
- 430L Attendance at appellate court of author of pre‑sentence report
- 430M Disputed pre-sentence report
- 430N Group conference report
- 430O Group conference report to be filed with court Division 5--Appeal to Supreme Court on a question of law
- 430P Appeal to Supreme Court on a question of law
- 430Q Appeal on question of law precludes other appeals Division 6--Appeal to Court of Appeal
- 430R Right of appeal against sentence of detention imposed on appeal from Children's Court
- 430S How appeal is commenced
- 430T Determination of appeal
- 430U Orders etc. on successful appeal
- 430V Powers and procedure Division 7--of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 applies as if a reference to that Part were a reference to this Division. Division 6A--Case stated for Court of Appeal
- 430VA Reservation of question of law
- 430VB Adjournment if question of law reserved
- 430VC Refusal to reserve question of law
- 430VD Case to be stated if question of law reserved
- 430VE General powers of Court of Appeal on case stated
- 430VF Judgment to be entered on record
- 430W DPP may refer point of law to Court of Appeal
- 430WA Powers and procedure Division 7--of Part 6.3 of the Criminal Procedure Act 2009 applies as if a reference to that Part were a reference to this Division. Division 7--Status of sentence and orders during appeal period
- 430X Sentence not stayed during appeal period
- 430Y Bail pending appeal
- 430Z Stay of certain orders during appeal period
- 430ZA Execution of order for forfeiture or destruction of property Division 8--Miscellaneous
- 430ZB Appeal by child under 15 years
- 430ZC Parent may enter into bail
- 430ZD Appeals to be heard in open court
- 430ZE Legal representation
- 430ZF Interpreters
- 430ZG Explanation of and reasons for orders Division 9--Costs on appeal
- 430ZH No costs on appeal or new hearing
PART 5.5--PAROLE
Division 2--Youth Parole Board- 442 Establishment of Youth Parole Board
- 443 Terms and conditions of office
- 444 Alternate members
- 445 Meetings of the Youth Parole Board
- 446 Validity of acts or decisions of the Youth Parole Board
- 447 Secretary or member may act on behalf of Youth Parole Board
- 448 Evidentiary provisions
- 449 Powers etc. of Youth Parole Board
- 450 Powers to take evidence etc.
- 451 Saving of members of Youth Parole Board from liability
- 452 Reports by Youth Parole Board Division 3--Youth parole officers
- 453 Youth parole officers Division 4--Information sharing
- 454 Information sharing by Secretary about incidents
- 455 Information sharing by Youth Parole Board about release Division 5--Release on parole from youth residential centre or youth justice centre
- 457A Limitation on Youth Parole Board's consideration of terrorism risk information
- 457B Provision of terrorism risk information for purposes of this Division
- 458 Release on parole from youth residential centre or youth justice centre
- 458A Certain conditions to be imposed in relation to certain offences
- 459 Person still under sentence until end of parole period
- 460 Cancellation of parole
- 460A Requirement to consider cancelling parole of person charged with certain offences in certain circumstances
- 460B Requirement to consider cancelling parole of person who gains a terrorism record
- 460C Requirement to consider cancelling parole if new terrorism risk information provided
- 461 Youth Parole Board may release on parole more than once
PART 5.6--TRANSFERS
Division 1AA--Use of terrorism risk information- 461A Limitation on Youth Parole Board's consideration of terrorism risk information Division 1--Jurisdiction over detainees
- 462 Persons detained in youth residential centre subject to Youth Parole Board
- 463 Persons detained in youth justice centre subject to Youth Parole Board Division 2--Transfer from youth residential centre to youth justice centre
- 464 Power of Youth Parole Board to transfer person to a youth justice centre
- 465 Restriction on transfer of under 14 year olds
- 466 Transfer to youth justice centre Division 3--Transfer from youth justice centre to prison
- 467 Power of Youth Parole Board to transfer person to prison
- 468 Detainee may request transfer to prison
- 469 Transfer to prison Division 4--Transfer from youth justice centre to youth residential centre
- 470 Persons in youth justice centre may be transferred to youth residential centre Division 5--Transfers to and from prison
- 471 Persons in prison may be transferred to youth justice centre
- 472 Person in prison may be transferred to youth residential centre
- 473 Person transferred from prison to YJC or YRC may be transferred back to prison Division 6--General
- 474 Person in youth residential centre sentenced to detention in youth justice centre or imprisonment
- 475 Person in youth justice centre sentenced to imprisonment
- 476 Person in youth justice centre sentenced to detention in youth residential centre
- 477 Person in prison sentenced to detention in youth justice centre
PART 5.7--ESTABLISHMENT OF CORRECTIVE SERVICES FOR CHILDREN
- 478 Governor in Council may establish corrective services
- 479 Approval of service as youth justice unit
- 480 Approval of service as group conference program
- 480A Approval of service as a youth control order planning meeting program
- 481 Standard of services
- 482 Form of care, custody or treatment
PART 5.8--PERSONS IN DETENTION
Division 1AA--Preliminary- 482A Definitions
- 482B Authorisation of an officer in charge Division 1--Legal custody
- 483 Legal custody
- 484 Removal of person from remand centre etc.
- 485 Temporary leave from legal custody Division 2--Management of detainees
- 487 Prohibited actions
- 487A Exemption from liability
- 488 Isolation
- 488AA Reporting on use of reasonable force and isolation Division 3--Searches of persons entering, leaving or within youth justice facilities and requirements on visitors
- 488A Search on entering or leaving a youth justice facility
- 488AB Officer in charge may order search
- 488AC Unclothed search of detainee
- 488AD Manner of conducting search
- 488AE Consequences of refusal to submit to search
- 488AF Officer in charge may order search to be terminated
- 488B Visitors required to comply with orders
- 488C Visitors to give prescribed information
- 488D Officer in charge may refuse or terminate visits for security reasons Division 3AA--Offences relating to operation or possession of remotely piloted aircraft or helicopter
- 488DA Definitions
- 488DB Offences relating to operation or possession of remotely piloted aircraft or helicopter
- 488DC Officer in charge may give authorisation
- 488DD Search
- 488DE Seizure Division 3A--Seizure
- 488E Seizure
- 488F Seizure register
- 488G Certain seized items to be handed to police
- 488GA Manner of dealing with seized things that may be used in a legal proceeding
- 488GB Manner of dealing with seized money
- 488GC Manner of dealing with other seized articles or things
- 488GD Disposal Division 4--Change of name applications by detainees
- 488H Application
- 488I Definitions
- 488J Applications for change of name by or on behalf of a detainee
- 488K Approval by Secretary
- 488L Approval to be notified in writing
- 488M Registration of name change
- 488N Registrar may correct Register Division 4A--Approval of making of acknowledgement of sex applications by detainees
- 488O Offence to make acknowledgement of sex application without approval
- 488P Application by detainee or other person for approval of Secretary
- 488Q Approval by Secretary of the making of acknowledgement of sex application
- 488R Copy of approval or refusal of Secretary Division 5--General
- 489 Detention in default of payment of a fine
- 490 Bringing of person before court or inquest
- 491 Power of police to arrest person in youth justice centre
- 492 Interstate transfer of young offenders
- 492A Secrecy of security arrangements at youth justice facilities
PART 5.9--REVIEW OF CHILDREN AND JUSTICE LEGISLATION AMENDMENT (YOUTH JUSTICE REFORM) ACT 2017
- 492B Review of Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
PART 5.10--SHARING OF TERRORISM RISK INFORMATION
- 492C What is the permitted purpose for sharing information under this Part?
- 492D Department of Justice and Regulation may disclose terrorism risk information
- 492E Youth Parole Board may disclose terrorism risk information
PART 6.1--OFFENCES RELATING TO THE PROTECTION OF CHILDREN
- 493 Offence to fail to protect child from harm
- 494 Offence to leave child unattended
- 495 Offence to harbour or conceal child
- 496 Offence to counsel or induce child to be absent without lawful authority etc.
- 497 Offences in relation to community service etc.
PART 6.2--OFFENCES RELATING TO DETAINED PERSONS
- 498 Offence to escape or attempt to escape etc.
- 499 Offence to harbour or conceal person
- 500 Offence to counsel or induce person to escape
- 501 Offences in relation to persons held in centres
PART 6.3--GENERAL OFFENCES
- 502 Offence to impersonate Secretary as protective intervener
- 503 Offence to obstruct Secretary or employee
PART 7.1--THE CHILDREN'S COURT
- 504 The Children's Court
- 505 Where and when Court to be held
- 505A Court may order place of hearing which is not a proper venue
- 506 President, magistrate or reserve magistrate to be in attendance
- 507 Assignment of magistrates or reserve magistrates
- 508 President
- 509 Acting President
- 509A Administrative responsibility of President
- 510 Assignment of duties
- 511 Delegation by the President
- 512 Protection of President
- 513 Protection of magistrates or reserve magistrates
- 513A Constitution of Court if magistrate unable to continue
- 513B Appeals from Court constituted by Chief Magistrate who is a dual commission holder
- 514 Annual report
PART 7.2--JURISDICTION
- 515 Jurisdiction of Family Division
- 516 Jurisdiction of Criminal Division
- 516A Joint committal proceedings
- 517 Koori Court (Criminal Division)
- 518 Jurisdiction of Koori Court (Criminal Division)
- 518A Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court
- 519 Circumstances in which Koori Court (Criminal Division) may deal with certain offences
- 520 Sentencing procedure in Koori Court (Criminal Division)
- 520A Neighbourhood Justice Division
- 520B Places where Neighbourhood Justice Division may sit and act
- 520C Jurisdiction of Neighbourhood Justice Division
- 520D Transfer of proceedings
- 520E Sentencing procedure in Neighbourhood Justice Division
- 521 Application of Act to other Courts
PART 7.3--PROCEDURE
- 522 Procedural guidelines to be followed by Court
- 522A Consistent magistrate to oversee criminal proceedings
- 523 Proceedings to be heard in open court
- 524 Legal representation
- 525 Proceedings in which child is required to be legally represented
- 526 Interpreter
- 527 Explanation of and reasons for orders
- 527A Judicial resolution conference
- 527B Protection of conduct of judicial resolution conference
PART 7.4--POWERS
- 528 Court to have powers of Magistrates' Court
- 528A Enforcement of costs orders made in the Family Division
- 528B Issue of warrants in electronic form
- 529 Recall and cancellation of warrant
- 530 Power to adjourn proceeding
- 531 Power to dispense with service
- 532 Witness summonses
- 533 Court may reserve question of law for determination by Supreme Court
- 533A Court may issue or transmit court documents electronically
- 533B Court may receive documents electronically
PART 7.5--RESTRICTION ON PUBLICATION OF PROCEEDINGS
- 534 Restriction on publication of proceedings
- 534A Certain publications exempted from the restriction on publication of proceedings
- 534B Certain publications exempted if publication is in relation to sentencing of an adult
PART 7.6--COURT OFFICERS
- 535 Principal registrar, registrars and deputy registrars
- 536 Appointment of Aboriginal elders or respected persons
- 537 Court register
- 538 Process
- 539 Powers of registrar
- 540 Fees
- 541 Extortion by and impersonation of court officials
- 542 Protection of registrars
PART 7.6A--JUDICIAL REGISTRARS
- 542A Assignment of duties
- 542B Guidelines relating to the appointment of judicial registrars
- 542C Recommendations for appointment of judicial registrars
- 542D Appointment by Governor in Council
- 542E Remuneration and terms and conditions of appointment
- 542EA Oath or affirmation of office
- 542F Resignation from office
- 542J Performance of duties by judicial registrar
- 542K Appeal from or review of determination of Court constituted by judicial registrar
PART 7.7--COURT SERVICES
- 543 Youth justice officers
- 544 Duties of youth justice officers
- 545 Children's Court Liaison Office
- 546 Children's Court Clinic
PART 7.8--REPORTS TO THE COURT
Division 1--General- 547 Reports to which Part applies
- 548 Notification of requirement to submit report
- 549 Warning to be given to persons being interviewed
- 550 Attendance at Court of author of report
- 551 Disputed report
- 552 Confidentiality of reports Division 2--Protection reports
- 553 Protection reports
- 554 Secretary to forward report to Court
- 555 Content of protection report
- 556 Access to protection report Division 3--Disposition reports and additional reports
- 557 Disposition reports
- 558 Content of disposition report
- 559 Access to disposition report
- 560 Additional report
- 561 Access to additional report
- 562 Access to additional reports prepared by Secretary to Department of Justice Division 4--Therapeutic treatment application reports
- 563 Therapeutic treatment application reports
- 564 Content of therapeutic treatment application report
- 565 Secretary to forward report to Court
- 566 Access to therapeutic treatment application report Division 5--Therapeutic treatment (placement) reports
- 567 Therapeutic treatment (placement) reports
- 568 Content of therapeutic treatment (placement) report
- 569 Secretary to forward report to Court
- 570 Access to therapeutic treatment (placement) report Division 6--Pre-sentence reports
- 571 Court may order pre-sentence report
- 572 Who prepares pre-sentence reports?
- 573 Contents of pre-sentence report
- 574 Pre-sentence report to be filed in the Court
- 575 Access to pre-sentence reports Division 7--Group conference reports
- 576 Group conference report
- 577 Who prepares group conference reports?
- 578 Content of group conference report
- 579 Group conference report to be filed in the Court
- 580 Access to group conference report
PART 7.9--CHILDREN AND YOUNG PERSONS INFRINGEMENT NOTICE SYSTEM
PART 7.10--GENERAL
- 583 Witness who has previously appeared in Children's Court
- 584 Accused or other person who has previously appeared in Children's Court
- 585 Transfer of proceedings from Magistrates' Court to Children's Court
- 586 Supreme Court or County Court may exercise sentencing powers of Children's Court
- 587 Notice to be filed if child is placed in emergency care or apprehended without warrant
PART 7.11--RULES
- 588 Rules
- 589 Rules of court
- 590 Rules of court—Koori Court (Criminal Division)
- 590A Rules of court—Neighbourhood Justice Division
- 591 Disallowance
- 592 Practice notes
- 592A Statement of recognition
- 592B Definitions
- 592C Meaning of relevant historical care and protection order
- 592D Application of this Part
- 592E Effect of relevant historical care and protection order in relation to matters concerning convictions, findings of guilt or criminal history
- 592F Effect of relevant historical care and protection order in relation to an appointment, post, status or privilege
- 592G Obligations of responsible agencies, other than Victoria Police, in relation to the release of official records and secondary records
- 592H Obligations of Victoria Police in relation to the release of official records and secondary records
- 592I Destruction of official records and secondary records
- 592J No effect on entitlement to compensation or creation of entitlement to compensation
PART 8.1--SERVICE OF DOCUMENTS
- 593 Service of documents
- 594 Service on parent or child or other person
- 595 Proof of service
- 596 Person may cause document to be served
PART 8.2--POWERS OF SECRETARY IN RELATION TO MEDICAL SERVICES
PART 8.3--PLACING CHILD IN EMERGENCY CARE
- 598 Circumstances in which child may be placed in emergency care
PART 8.3A--POWER OF PROTECTIVE SERVICES OFFICERS TO EXECUTE SEARCH WARRANTS
- 598A Circumstances in which a protective services officer may apprehend a child under a search warrant
PART 8.4--JURISDICTION OF SUPREME COURT
PART 8.5--REGULATIONS
- 600 Regulations
PART 8.6--REPEALS AND TRANSITIONAL PROVISIONS
- 606 Transitional and saving provisions
- 607 Transitional provision—Criminal Procedure Legislation Amendment Act 2008
- 607A Transitional provisions—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
- 608 Transitional provision—Crimes Amendment (Identity Crime) Act 2009
- 609 Transitional provision—Criminal Procedure Act 2009
- 610 Transitional provision—Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009
- 611 Order specifying land, leases, licences and interests in land to be transferred to Secretary
- 612 Vesting of property in Secretary
- 613 Action by Registrar of Titles
- 614 Taxes
- 615 Land etc. vests subject to encumbrances
- 616 Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
- 617 Transitional provision—Justice Legislation Amendment Act 2010
- 618 Transitional provision—Justice Legislation Further Amendment Act 2010 (CAYPINS)
- 619 Transitional provision—Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011
- 620 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012
- 621 Transitional provision—Courts and Sentencing Legislation Amendment Act 2012
- 622 Transitional provision—Criminal Procedure Amendment Act 2012 Division 6A--of Part 5.4 applies to a question of law that arises in a proceeding on or after the commencement of section 35 of the Criminal Procedure Amendment Act 2012, irrespective of when the proceeding commenced.
- 623 Transitional provision—Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013
- 624 Transitional provision—Children, Youth and Families Amendment Act 2013
- 625 Transitional provision—Justice Legislation Further Amendment Act 2016
- 627 Transitional provisions—Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
- 628 Transitional provisions—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
- 629 Transitional provision—Bail Amendment (Stage Two) Act 2018
- 630 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
- 630A Transitional provisions—Justice Legislation Amendment (Terrorism) Act 2018
- 631 Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018
- 632 Transitional provisions—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
- 632A Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—proceedings
- 632B Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—power to make orders to resolve difficulty
- 633 Transitional provision—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023—saving of authorisations of principal officers
- 634 Transitional regulations—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023