CHILDREN, YOUTH AND FAMILIES AMENDMENT (PERMANENT CARE AND OTHER MATTERS) ACT 2014 (NO. 61 OF 2014)
Table of Provisions
PART 1--PRELIMINARY
PART 2--ORDERS FOR THE PROTECTION AND PERMANENT CARE OF CHILDREN
Division 1--Preliminary
- 4 Definitions
- 5 Repeal of sections 4 and 5
- 6 Best interest principles
- 7 Responsibilities of the Secretary
- 8 Secretary may authorise person in charge of community service to act
Division 2--Responsibilities of Secretary
- 9 Responsibilities of Secretary
- 10 Powers of Secretary
- 11 Placement of children
- 12 Decisions in relation to a child
- 13 Interim accommodation order
- 14 Conditions of interim accommodation order
Division 4--Protection Orders
- 15 When Court may make order under this Part
- 16 Types of protection order
- 17 Restrictions on the making of protection orders
- 18 New section 276A inserted
- 19 New section 277 substituted
- 20 Heading to Division 3 of Part 4.9
- 21 Family preservation order
- 22 Family preservation order may impose conditions
- 23 Powers of Secretary under family preservation order
- 24 Repeal of Divisions 4 and 5 of Part 4.9 --Divisions 4 and 5 of Part 4.9 of the Principal Act are repealed.
- 25 Heading to Division 6 of Part 4.9
- 26 New section 287 substituted
- 27 New section 287A inserted
- 28 Lapsing of family reunification order
- 29 New section 288A inserted
- 30 New Division 7 of Part 4.9 substituted
- 31 New Division 8 of Part 4.9 substituted
- 32 Repeal of Division 9 of Part 4.9
Division 9--of Part 4.9 of the Principal Act is repealed.
- 33 Application for extension of protection order
- 34 New section 294A inserted
- 35 Repeal of section 295
- 36 Duration of extension
- 37 Repeal of section 297
- 38 New section 298 substituted
- 39 Application of Division 11
- 40 Application for variation of order
- 41 New section 300A inserted
- 42 Decision of Court on application for variation
- 43 Interim variation of family reunification order
- 44 New section 303 substituted
- 45 Application for revocation of order—general
- 46 Application for revocation of care by Secretary order
- 47 Application for revocation of long-term care order
- 48 Decision of Court on application for revocation
- 49 Revocation of family reunification order or care by Secretary order
- 50 Revocation of long-term care order
- 51 Court may make further orders on revocation
- 52 New section 311 substituted
- 53 Breach of protection order—notice of application
- 54 Placing child in emergency care without notice
- 55 Order to continue
- 56 Section 317 repealed
- 57 Decision of Court
Division 5--Permanent Care Orders
- 58 When Court may make permanent care order
- 59 Application for permanent care order
- 60 Permanent care order
- 61 Restrictions on the making of permanent care orders
- 62 New section 323 substituted
- 63 Disputes between persons jointly granted parental responsibility
- 64 New section 325A inserted
- 65 Variation or revocation of permanent care order
- 66 Decision on application for variation or revocation
Division 6--Consequential amendments
- 67 State Guardianship Fund
- 68 Power of Family Division to make certain orders by consent in absence of parties
- 69 Application if there is an irreconcilable difference
- 70 Conciliation counselling
- 71 Proceeding on application if party does not appear
- 72 When Court may make order under this Part
- 73 Lapsing of permanent care order
- 74 Appeal to County Court or Supreme Court
- 75 Appeal to Supreme Court on a question of law
- 76 Interstate movement of children
- 77 Financial or other arrangements
- 78 Transfer agreements
- 79 Time limits for filing a charge-sheet
- 80 Child in custody to be brought before Court or bail justice
- 81 Offence to harbour or conceal child
- 82 Offence to counsel or induce child to be absent without lawful authority etc.
- 83 Offences in relation to community service etc.
- 84 Jurisdiction of Family Division
- 85 Legal representation
- 86 Proceedings in which child is required to be legally represented
- 87 Explanation of and reasons for orders
- 88 Restriction on publication of proceedings
- 89 Disposition reports
- 90 Content of disposition report
- 91 Powers of Secretary in relation to medical services and operations
- 92 Circumstances in which child may be placed in emergency care
- 93 Regulations
PART 3--CASE PLANNING
- 94 Definitions
- 95 Case planning
- 96 What is a case plan?
- 97 New sections 167, 168 and 169 substituted and sections 170 and 171 repealed
- 98 New section 176 substituted
- 99 Therapeutic treatment (placement) order
PART 4--GROUP CONFERENCES
- 100 Court may make youth residential centre order
- 101 Court may make youth justice centre order
- 102 Deferral of sentencing
- 103 Group conference
PART 5--YOUTH PAROLE BOARD
Division 1--of Part 5.5 of the Principal Act is repealed.
- 106 Establishment of Youth Parole Board
- 107 Meetings of the Youth Parole Board
- 108 Reports by Youth Parole Board
- 109 Youth parole officers
- 110 Division 4 of Part 5.5 repealed
Division 4--of Part 5.5 of the Principal Act is repealed.
- 111 Heading to Division 5 of Part 5.5 substituted
- 112 Release on parole from youth justice centre
- 113 Cancellation of parole
- 114 Persons detained in youth residential centre subject to Youth Parole Board
- 115 Power of Youth Parole Board to transfer person to a youth justice centre
- 116 Restriction of transfer of under 14 year olds
- 117 Transfer to youth justice centre
- 118 Persons in youth justice centre may be transferred to youth residential centre
- 119 Person in prison may be transferred to youth residential centre
- 120 Person in youth residential centre sentenced to detention in youth justice centre or imprisonment
- 121 Person in youth justice centre sentenced to detention in youth residential centre
PART 6--COURT REPORTS
- 122 Pre-sentence report to be filed with court
- 123 Group conference report to be filed with court
- 124 Secretary to forward report to Court—section 554
- 125 Access to additional report
- 126 Access to additional reports prepared by Secretary to Department of Justice
- 127 Secretary to forward report to Court—section 565
- 128 Secretary to forward report to Court—section 569
- 129 Section 574 substituted
- 130 Access to pre-sentence reports
- 131 Section 579 substituted
- 132 Access to group conference report
PART 7--MISCELLANEOUS AMENDMENTS
Division 1--Community services
- 133 New section 49 substituted
- 134 Renewal of registration
- 135 New section 51 substituted
Division 2--Disclosure of information
Division 3--Therapeutic treatment orders
- 138 Definitions
- 139 Statements of child not admissible in criminal proceedings
- 140 Hearing of adjourned case
- 141 New section 354A inserted
- 142 Content of therapeutic (placement) report
Division 4--Central Register
- 143 Definitions
- 144 Repeal of section 165
- 145 Record of investigation and confidentiality
- 146 Action by protective intervener
- 147 Repeal of section 332
- 148 Review by Victorian Civil and Administrative Tribunal
- 149 Regulations
Division 5--Penalties for offences relating to the protection of children
- 150 Offences relating to the protection of children
Division 6--General
PART 8--TRANSITIONAL PROVISIONS
PART 9--AMENDMENT OF COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2012
- 155 Definitions
- 156 Vulnerable children and young persons
- 157 Commission may conduct inquiry concerning provision of services
- 158 Section 48 substituted
- 159 Application of Division
- 160 New section 73 inserted
PART 10--AMENDMENT OF OTHER ACTS
Division 1--Adoption Act 1984
- 161 Guardianship of child awaiting adoption
Division 2--Assisted Reproductive Treatment Act 2008
- 162 Definitions
Division 3--Child Employment Act 2003
- 163 Definitions
Division 4--Children, Youth and Families Amendment Act 2014
- 164 Sharing of information
Division 5--Coroners Act 2008
- 165 Definitions
Division 6--Criminal Organisations Control and Other Acts Amendment Act 2014
- 166 Repeal of section 132
- 167 Release on parole from youth justice centre
Division 7--Limitation of Actions Act 1958
- 168 Interpretation
Division 8--Mental Health Act 2014
- 169 References to orders
Division 9--Sentencing Act 1991
- 170 Definitions