Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 105

Finding of Panel on allegation

    (1)     At a hearing the Suitability Panel must first determine whether or not the allegation that the person has physically or sexually abused the child is proved on the balance of probabilities.

    (2)     In making the determination, the Suitability Panel must have regard to—

        (a)     the allegation referred by the Secretary to the Panel; and

        (b)     any evidence presented to the Panel by any of the parties to the hearing; and

        (c)     any other matters that the Panel considers relevant to its determination.

    (3)     The Suitability Panel must not consider any other allegations or findings of misconduct by the person when making the determination.

    (4)     The Suitability Panel must not draw any adverse inference from a failure or refusal by the person to answer any question by, or provide any information to, the authorised investigator or the Panel when making the determination.

    (5)     If the Suitability Panel determines that the allegation is proved, the Panel must make a finding of misconduct against the person.

    (6)     If the Suitability Panel determines that the allegation is not proved, the Panel must state that fact and that no finding of misconduct has been made against the person in respect of the allegation.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback