Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 173

    (1)     This section applies in relation to a child—

S. 173(1)(a) substituted by No. 61/2014 s. 11(1).

        (a)     for whom the Secretary has parental responsibility under this Act; or

        (b)     of whom the Secretary is the guardian under the Adoption Act 1984 ; or

        (c)     in respect of whom the Secretary has authority under the Adoption Act 1984 to exercise any rights of custody.

    (2)     The Secretary may deal with the child in any of the following ways—

        (a)     place him or her in an out of home care service;

        (b)     place him or her in a secure welfare service for a period not exceeding 21 days (and, in exceptional circumstances, for one further period not exceeding 21 days) if the Secretary is satisfied that there is a substantial and immediate risk of harm to the child;

S. 173(2)(c) amended by No. 61/2014 s. 11(2).

        (c)     place him or her for adoption under the Adoption Act 1984 if the Secretary has sole parental responsibility for the child and the child is available for adoption;

        (d)     place him or her in any other suitable situation as circumstances require.

    (3)     For the purposes of subsection (2)(b), the assessment of risk may be made on the basis of a single incident or an accumulated risk.