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CHILDREN, YOUTH AND FAMILIES AMENDMENT (PERMANENT CARE AND OTHER
MATTERS) ACT 2014 (NO. 61 OF 2014)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Principal Act
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--Divisions 4 and 5 of Part 4.9 of the Principal Act are repealed.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Division 9--of Part 4.9 of the Principal Act is repealed.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
104. Definitions
105. Division 1 of Part 5.5 repealed
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
136. Disclosure of information by Secretary
137. Repeal of section 203
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
151. Time for application
152. Temporary leave from legal custody
PART 8--TRANSITIONAL PROVISIONS
153. New section 627 inserted
154. New Schedule 5 inserted
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
PART 11--FURTHER AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005
171. Definitions
172. New sections 175A and 175B inserted
PART 12--REPEAL OF AMENDING ACT
173. Repeal of amending Act
ENDNOTES
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