Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES AMENDMENT ACT 2013 (NO. 52 OF 2013) - SECT 76

After section 104 of the Personal Safety Intervention Orders Act 2010 insert —

        " 104A     Jurisdiction of Children's Court to deal with applications related to child protection proceedings

    (1)     This section applies if—

        (a)     an application under this Act is related to a child protection proceeding in the Children's Court; and

        (b)     each affected person or protected person and each respondent for the application is an adult.

    (2)     The Children's Court also has jurisdiction under this Act in relation to the application.

    (3)     For the purposes of subsection (1), an application is related to a child protection proceeding if—

        (a)     the child who is the subject of the child protection proceeding is the child of, or is under the care and supervision of, the affected person or protected person, or the respondent for the application; and

        (b)     the application under this Act raises issues relating to the safety of the child that are the same as, or similar to, the issues forming the basis for the child protection proceeding.

    (4)     In this section—

"child protection proceeding" means a proceeding relating to a child protection order.".