CHILDREN, YOUTH AND FAMILIES ACT 2005

Victorian Consolidated Legislation

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CHILDREN, YOUTH AND FAMILIES ACT 2005

No. 96 of 2005
Version incorporating amendments as at 5 September 2011

TABLE OF PROVISIONS

Section Page

CHAPTER 1-PRELIMINARY

PART 1.1-INTRODUCTION

1. Purposes
2. Commencement
3. Definitions
4. Guardianship
5. Custody
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

CHAPTER 2-ADMINISTRATION

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
19. Secretary may authorise person in charge of community
service to act
20. Role of Ombudsman in relation to certain administrative
actions
20A. Disclosure of information for administrative purposes

CHAPTER 3-CHILD AND FAMILY SERVICES

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?
35. Who may the Secretary consult?
36. Who may the community-based child and family service
consult?
37. Disclosers protected
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 3.3-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

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
Subdivision 1-Establishment and constitution

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
Subdivision 2-Procedure of Suitability Panel in respect of
allegation
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
Subdivision 3-Review by Suitability Panel of disqualification
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
Subdivision 4-General procedure of Suitability Panel
115. Conduct of hearing
116. Procedure at hearings
117. Powers of panel conducting a formal hearing
Subdivision 5-Review by VCAT
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

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

161. Restrictions on who may provide long-term care of children

CHAPTER 4-CHILDREN IN NEED OF PROTECTION

PART 4.1-CHILDREN IN NEED OF PROTECTION

162. When is a child in need of protection?
163. Effect of conduct outside Victoria

PART 4.2-RESPONSIBILITIES OF MINISTER

164. Responsibilities of Minister
165. Central register

PART 4.3-RESPONSIBILITIES OF SECRETARY

Division 1-Case planning and stability planning

166. What is a case plan?
167. Preparation of case plan
168. Review of case plan
169. What is a stability plan?
170. Preparation of stability plan
171. When is a stability plan not required?

Division 2-Responsibilities of Secretary as guardian or custodian

172. Powers of Secretary as guardian or custodian
173. Placement of children
174. Secretary's duties in placing child
175. Support for child moving from secure welfare service
176. Cultural plan 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. Secretary may request provision of information
193. Disclosers protected

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
203. Reporting of authorisations and directions

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
216. Power of Family Division to make certain orders by consent in absence of parties

Division 2-Dispute resolution conferences

217. Referral of application to dispute resolution conference
218. What is a facilitative conference?
219. What is an advisory conference?
220. Guidelines for dispute resolution conferences
221. Time and place of dispute resolution conference
222. Who is to attend a dispute resolution conference?
223. Report to Court by convenor
224. Court to consider report of convenor
225. Immunity of participants
226. Confidentiality of dispute resolution conferences
227. Dispute resolution 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 take child in need of protection
into safe custody
242. Actions on taking child into safe custody
243. Making a protection application without taking child into safe custody

Division 3-Child in need of therapeutic treatment
Subdivision 1-When is a child in need of therapeutic treatment?

244. When is a child in need of therapeutic treatment?
245. Referral to Therapeutic Treatment Board for advice
Subdivision 2-Therapeutic treatment orders
246. Secretary may apply for therapeutic treatment order
247. Issue of search warrant if child does not appear
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
Subdivision 3-Therapeutic treatment (placement) orders
252. When can a therapeutic treatment (placement) order be
made?
253. Therapeutic treatment (placement) order
254. Duration of order
Subdivision 4-Extension of orders
255. Application for extension of order
256. Extension of order
Subdivision 5-Variation and revocation of orders
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
277. Service of applications

Division 2-Undertaking

278. Undertaking-protection order
279. Variation or revocation of undertaking

Division 3-Supervision order

280. Supervision order
281. Supervision order may impose conditions
282. Powers of Secretary under supervision order

Division 4-Custody to third party order

283. Custody to third party order

Division 5-Supervised custody order

284. Supervised custody order
285. Powers of Secretary under supervised custody order
286. Change to nature of order on re-unification

Division 6-Custody to Secretary order

287. Custody to Secretary order
288. Lapsing of custody to Secretary order

Division 7-Guardianship to Secretary order

289. Guardianship to Secretary order

Division 8-Long-term guardianship to Secretary order

290. Long-term guardianship to Secretary order

Division 9-Interim protection order

291. Interim protection order
292. Interim accommodation order if hearing adjourned

Division 10-Extension of protection orders

293. Application for extension of protection order
294. Extension of order
295. Matters to be taken into account
296. Duration of extension
297. Limited extension pending other orders
298. Review of extended orders

Division 11-Variation of protection orders

299. Application of Division
300. Application for variation of order
301. Decision of Court on application for variation
302. Interim variation of custody to Secretary order

Division 12-Revocation of protection orders

303. Application of Division
304. Application for revocation of order-general
305. Application for revocation of guardianship to Secretary order
306. Application for revocation of long-term guardianship to
Secretary order
307. Decision of Court on application for revocation
308. Revocation of custody to Secretary order or guardianship to Secretary order
309. Revocation of long-term guardianship to Secretary 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 to appear
313. Taking child into safe custody when notice is served
314. Taking child into safe custody without notice
315. Requirements when taking child into safe custody
316. Order to continue
317. Interim protection order expires on making of interim accommodation order
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 a permanent care order in respect of an Aboriginal child
324. Lapsing of permanent care order
325. Disputes between joint custodians or guardians
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

328. Appeal to County Court or Supreme Court
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. Review of decisions relating to recording of information
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

CHAPTER 5-CHILDREN AND THE CRIMINAL LAW

PART 5.1-CRIMINAL RESPONSIBILITY OF CHILDREN

344. Children under 10 years of age

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 except in exceptional circumstances
346. Child in custody to be brought before Court or bail justice
347. Child in custody to be placed in remand centre
348. Breach of bail

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
353. Report to Criminal Division on outcome of therapeutic
treatment order
354. Hearing of adjourned case
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

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

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 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 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 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 Trial Division of Supreme
Court authorised by other Acts

Division 4-Reports

430H. Application of Division
Subdivision 1-Pre-sentence reports
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
Subdivision 2-Group conference reports
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 and referral of point of
law 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
430W. DPP may refer point of law to Court of Appeal

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 1-Youth Residential Board

431. Establishment of Youth Residential Board
432. Terms and conditions of office
433. Alternate members
434. Meetings of the Youth Residential Board
435. Validity of acts or decisions of the Youth Residential Board
436. Secretary or member may act on behalf of Youth Residential Board
437. Evidentiary provisions
438. Powers etc. of Youth Residential Board
439. Powers to take evidence etc.
440. Saving of members of Youth Residential Board from liability
441. Reports by Youth Residential Board

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-Release on parole from youth residential centre

454. Release on parole from youth residential centre
455. Person still under sentence until end of parole period
456. Cancellation of parole
457. Youth Residential Board may release on parole more than
once

Division 5-Release on parole from youth justice centre

458. Release on parole from youth justice centre
459. Person still under sentence until end of parole period
460. Cancellation of parole
461. Youth Parole Board may release on parole more than once

PART 5.6-TRANSFERS

Division 1-Jurisdiction over detainees

462. Persons detained in youth residential centre subject to
Youth Residential 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 Residential 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
481. Standard of services
482. Form of care, custody or treatment

PART 5.8-PERSONS IN DETENTION

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

486. Search
487. Prohibited actions
488. Isolation

Division 3-Visitors

488A. Definitions
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
488E. Search of visitors
488F. Search requirements
488G. Seizure

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 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

CHAPTER 6-OFFENCES

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

CHAPTER 7-THE CHILDREN'S COURT OF VICTORIA

PART 7.1-THE CHILDREN'S COURT

504. The Children's Court
505. Where and when Court to be held
506. President, magistrate or acting magistrate to be in attendance
507. Assignment of magistrates or acting magistrates
508. President
509. Acting President
510. Assignment of duties
511. Delegation by the President
512. Protection of President
513. Protection of magistrates or acting magistrates
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)
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
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
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

PART 7.5-RESTRICTION ON PUBLICATION OF PROCEEDINGS

534. Restriction on publication of proceedings

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
542F. Resignation from office
542G. Suspension from office
542H. Investigation of judicial registrar and report
542I. Removal of judicial registrar from office
542J. Performance of duties by judicial registrar
542K. Review of decisions of 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 with registrar
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 with registrar
580. Access to group conference report

PART 7.9-CHILDREN AND YOUNG PERSONS INFRINGEMENT NOTICE SYSTEM

581. CAYPINS procedure
582. Certain agencies may give information for enforcement
purposes

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 required to be filed if child is taken into safe custody 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

CHAPTER 8-GENERAL

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

597. Powers of Secretary in relation to medical services and operations

PART 8.3-TAKING CHILD INTO SAFE CUSTODY

598. Circumstances in which child may be taken into safe custody

PART 8.4-JURISDICTION OF SUPREME COURT

599. Supreme Court-limitation of jurisdiction

PART 8.5-REGULATIONS

600. Regulations

PART 8.6-REPEALS AND TRANSITIONAL PROVISIONS

601-605 Repealed
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)
__________________
SCHEDULE 1-Transfer of Child Protection Orders and Proceedings

PART 1-INTRODUCTORY
1. Purpose of Schedule
2. Definitions

PART 2-TRANSFER OF CHILD PROTECTION ORDERS

Division 1-Administrative transfers
3. When Secretary may transfer order
4. Persons whose consent is required
5. Secretary to have regard to certain matters
6. Notification to child and his or her parents
7. Limited period for judicial review of decision

Division 2-Judicial transfers
8. When Court may make order under this Division
9. Service of application
10. Type of order
11. Court to have regard to certain matters
12. Duty of the Secretary to inform the Court of certain matters
13. Appeals

PART 3-TRANSFER OF CHILD PROTECTION
PROCEEDINGS
14. When Court may make order under this Part
15. Service of application
16. Court to have regard to certain matters
17. Interim order
18. Appeals

PART 4-REGISTRATION
19. Filing and registration of interstate documents
20. Notification by appropriate registrar
21. Effect of registration
22. Revocation of registration

PART 5-MISCELLANEOUS
23. Effect of registration of transferred order
24. Transfer of Court file
25. Hearing and determination of transferred proceeding
26. Disclosure of information
27. Discretion of Secretary to consent to transfer
28. Evidence of consent of relevant interstate officer
SCHEDULE 2-Interstate Transfer of Young Offenders
1. Definitions
2. Minister may enter into general agreement
3. Secretary may make arrangements
4. Arrangement for transfer out of Victoria
5. Arrangement for transfer to Victoria
6. Provisions to be made in each arrangement
7. Transfer order made under an arrangement
8. Transfer to Victoria in custody of escort
9. Reports
10. Transfer of sentence or order with transferee
11. Sentence etc. deemed to have been imposed in this State
12. Lawful custody for transit through Victoria
13. Escape from custody of person being transferred
14. Escape from custody-penalty
15. Revocation of order of transfer on escape from custody
16. Revocation of order of transfer by consent
SCHEDULE 3-Children and Young Persons Infringement
Notice System

PART 1-INTRODUCTORY
1. Application of Schedule
2. Definitions

PART 2-ENFORCEMENT OF INFRINGEMENT NOTICES
3. Application for registration of infringement penalty
4. Registration of infringement penalty
5. Enforcement agency may request cancellation of registration
6. Child's options
7. Applications concerning time to pay registered amount
8. Enforcement order
9. Notice of enforcement order
10. Court review of enforcement order
11. Enforcement hearing
12. Effect of enforcement order
13. Expiry of enforcement order
14. Service of documents

PART 3-CANCELLATION OF INFRINGEMENT NOTICE
15. Cancellation of infringement notice if person not aware
16. Powers of Court to cancel

PART 4-EXTENSION OF TIME FOR COMMENCING PROCEEDING
17. Decision to go to Court
SCHEDULE 4-Transitional and Saving Provisions

PART 1-INTRODUCTION
1. Definitions
2. General transitional provisions
3. Saving of references

PART 2-CHILDREN AND YOUNG PERSONS ACT 1989.

Division 1-General
4. Superseded reference
5. Re-enacted provisions

Division 2-The Children's Court of Victoria
6. The Children's Court of Victoria
7. President and Acting President
8. Magistrates and acting magistrates
9. Aboriginal elders or respected persons
10. Principal registrar, registrars and deputy registrars
11. Probation officer and honorary probation officers
12. Court liaison officers
13. The Children's Court Clinic

Division 3-Protection of children
14. Approved community services
15. Departmental community services and secure welfare
services
16. Notifications
17. Central register
18. Pre-hearing conferences
19. Case plan
20. State Guardianship Fund

Division 4-Children and the criminal law
21. Youth Residential Board
22. Youth Parole Board
23. Corrective services
24. Superseded references

PART 3-CHILDREN, YOUTH AND FAMILIES ACT 2005.
25. Registration of existing out of home carers
26. Review of child care agreements
27. Reporting of child-care agreements
28. Stability plans
29. Permanent care orders

PART 4-COMMUNITY SERVICES ACT 1970.
30. Child care agreements
31. Authorisations and agreements
32. Superseded references to Community Services Act 1970.

PART 5-REGULATIONS
33. Transitional regulations
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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