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CHILDREN, YOUTH AND FAMILIES ACT 2005


TABLE OF PROVISIONS

   PART 1.1--INTRODUCTION

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   6.      Aboriginal agency  
   7.      References to Parts  

   PART 1.2--PRINCIPLES

   8.      Decision makers to have regard to principles  
   9.      Role of principles  
   10.     Best interests principles  
   11.     Decision-making principles  
   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  
   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  
   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?  
   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 3.2A--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

   43.     Object of Part  
   44.     Departmental community services and secure welfare 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  
   58.     Performance standards  
   59.     What can performance standards provide for?  
   60.     Community service to comply with performance standards  
   61.     Responsibilities of registered community services  
   62.     Secretary may conduct inquiries  
   63.     Appointment of assessor  
   64.     Visits to community services  
   65.     Community service to assist  
   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  
   72.     Registered community services  
   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

   73.     Object of Part  
   74.     Definitions  
   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  
   80.     Register 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  
   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  
   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  
   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

   133.    Object  
   134.    Definitions  
   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  
   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  
   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  

   PART 3.7--MANAGEMENT OF CHILDREN IN OUT OF HOME CARE

   161A.   Definitions  
   161B.   Prohibited actions  

   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  

   PART 4.3--RESPONSIBILITIES OF SECRETARY

   166.    What is a case plan?  
   167.    Permanency objective  
   168.    Preparation of case plan  
   169.    Review of case plan  
   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  
   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

   181.    Who is a protective intervener?  
   182.    Who is a mandatory reporter?  
   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  
   189.    Reporters protected  
   190.    Evidence and legal proceedings  
   191.    Confidentiality  

   PART 4.5--DISCLOSURE OF INFORMATION

   192.    Secretary may request provision of information  
   193.    Disclosers protected  
   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

   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  
   210.    Investigation by Secretary  
   211.    Record of investigation  
   212.    Protection of givers of information  
   213.    Confidentiality  

   PART 4.7--PROCEDURE IN FAMILY DIVISION

   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  
   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

   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  
   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  
   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  
   259.    Application if there is an irreconcilable difference  
   260.    Conciliation counselling  
   261.    Proceeding on application if party does not appear  
   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  
   272.    Order requiring undertaking  
   273.    Variation or revocation of undertaking  

   PART 4.9--PROTECTION ORDERS

   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  
   278.    Undertaking—protection order  
   279.    Variation or revocation of undertaking  
   280.    Family preservation order  
   281.    Family preservation order may impose conditions  
   282.    Powers of Secretary under family preservation 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  
   289.    Care by Secretary order  
   289A.   Change to nature of order  
   290.    Long-term care order  
   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  
   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  
   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  
   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

   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  
   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

   334.    Definition  
   335.    Interstate movement of children  
   336.    Financial or other arrangements  
   337.    Transfer agreements  
   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

   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

   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  
   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  
   354A.   Powers of Court in criminal proceedings if child accused voluntarily participates in therapeutic treatment program  
   355.    Pre-sentence report to Court  
   356.    Procedure for indictable offences that may be heard and determined summarily  
   357.    Proof beyond reasonable doubt  
   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

   360.    Sentences  
   361.    Sentencing hierarchy  
   362.    Matters to be taken into account  
   362A.   Sentence discount for guilty plea  
   363.    Non-accountable undertaking  
   364.    Breach of undertaking  
   365.    Accountable undertaking  
   366.    Breach of undertaking  
   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  
   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  
   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  
   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  
   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  
   410.    Court may make youth residential centre order  
   411.    Youth residential centre orders  
   412.    Court may make youth justice centre order  
   413.    Youth justice centre orders  
   414.    Deferral of sentencing  
   415.    Group conference  
   416.    Hearing of adjourned case  
   417.    Orders in addition to sentence  
   418.    Enforcement of orders in addition to sentence  
   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

   424.    Right of appeal  
   425.    How appeal is commenced  
   426.    Determination of appeal  
   427.    DPP's right of appeal against sentence  
   428.    How appeal is commenced  
   429.    Determination of DPP appeal  
   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  
   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  
   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  
   430P.   Appeal to Supreme Court on a question of law  
   430Q.   Appeal on question of law precludes other appeals  
   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  
   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  
   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  
   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  
   430ZH.  No costs on appeal or new hearing  

   PART 5.5--PAROLE

   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  
   453.    Youth parole officers  
   458.    Release on parole from youth residential centre or 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

   462.    Persons detained in youth residential centre subject to Youth Parole Board  
   463.    Persons detained in youth justice centre subject to Youth Parole Board  
   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  
   467.    Power of Youth Parole Board to transfer person to prison  
   468.    Detainee may request transfer to prison  
   469.    Transfer to prison  
   470.    Persons in youth justice centre may be transferred to youth residential centre  
   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  
   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

   482A.   Definitions  
   482B.   Authorisation of an officer in charge  
   483.    Legal custody  
   484.    Removal of person from remand centre etc.  
   485.    Temporary leave from legal custody  
   487.    Prohibited actions  
   488.    Isolation  
   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  
   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  
   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  
   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 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  
   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  
   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  

   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  
   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

   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  
   553.    Protection reports  
   554.    Secretary to forward report to Court  
   555.    Content of protection report  
   556.    Access to protection report  
   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  
   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  
   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  
   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  
   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 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  

   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--PLACING CHILD IN EMERGENCY CARE

   598.    Circumstances in which child may be placed in emergency care  

   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

   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  
   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  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           ENDNOTES


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