Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 263

Conditions of interim accommodation order

    (1)     An interim accommodation order may provide for—

S. 263(1)(a) amended by No. 64/2010 s. 12(1)(a)(b).

        (a)     the release of the child pending the hearing, or the resumption of the hearing; or

S. 263(1)(b) amended by No. 64/2010 s. 12(1)(c)(d).

        (b)     the release of the child into the care of his or her parent pending the hearing, or the resumption of the hearing; or

S. 263(1)(c) amended by No. 64/2010 s. 12(1)(e)(f).

        (c)     the placement of the child with a suitable person or suitable persons pending that hearing, or the resumption of the hearing, and following a report (whether oral or written) from the Secretary on that person's or those persons' suitability; or

        (d)     the placement of the child in an out of home care service pending that hearing or resumption; or

        (e)     the placement of the child in a secure welfare service pending that hearing or resumption if there is a substantial and immediate risk of harm to the child; or

        (f)     the placement of the child in a declared hospital on the provision to the Court or bail justice of a statement in the prescribed form by or on behalf of the chief executive of the hospital that a bed is available for the child at the hospital; or

S. 263(1)(fa) inserted by No. 61/2014 s. 14.

        (fa)     the placement of the child with a disability service provider within the meaning of the Disability Act 2006 if the child is the recipient of disability services under that Act; or

S. 263(1)(fb) inserted by No. 19/2019 s. 254(4).

        (fb)     the placement of the child with a registered NDIS provider providing to the child under the NDIS short term accommodation and assistance or supported independent living; or

        (g)     the placement of the child in a declared parent and baby unit on the provision to the Court or bail justice of a statement in the prescribed form by or on behalf of the chief executive of the agency managing the parent and baby unit that a place is available for the child at the parent and baby unit.

S. 263(2) repealed by No. 64/2010 s. 12(2).

    *     *     *     *     *

    (3)     An interim accommodation order must not be made providing for the placement of a child in a secure welfare service in any case referred to in section 262(1)(d) or 262(1)(e) unless the Court or bail justice making the order is of the opinion that the placement is necessary to ensure the attendance of the child on the hearing of the irreconcilable difference application.

    (4)     An interim accommodation order must not be made in any case referred to in section 262(1)(c) unless the Court or bail justice making the order is of the opinion that the placement is necessary to ensure the attendance of the child on the hearing of the therapeutic treatment application.

    (5)     The fact that the child does not have adequate accommodation is not by itself a sufficient reason for the making of an order providing for the placement of a child in a secure welfare service.

    (6)     In preparing a report under subsection (1)(c), the Secretary must have regard to the prescribed criteria (if any).

    (7)     An interim accommodation order may include any conditions that the Court or bail justice considers should be included in the best interests of the child.

S. 263(8) amended by No. 52/2013 s. 34.

    (8)     Conditions included in an interim accommodation order may relate to the contact with a parent or other person by the child.

    (9)     The Governor in Council may by Order published in the Government Gazette declare hospitals and parent and baby units for the purposes of subsection (1).



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