Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 267

    (1)     Subject to subsection (2), at any time while an interim accommodation order made by the Court is in force an application for an extension or further extension of the period of the order may be made to the Court by a protective intervener.

    (2)     On an application under subsection (1) the Court may—

S. 267(2)(a) amended by No. 64/2010 s. 14(1)(a).

        (a)     in the case of an order of a kind referred to in  section 263(1)(a) , 263(1)(b), 263(1)(c) or  263(1)(d), extend the order for the period specified in the order and beginning on the day the order is made if it is satisfied that it is in the best interests of the child to do so;

S. 267(2)(b) amended by No. 64/2010 s. 14(1)(b).

        (b)     in the case of an order of a kind referred to in paragraph (f) or (g) of section 263(1), extend the order for the period (not exceeding 21 days) specified in the order and beginning on the day on which the order is made if it is satisfied that it is in the best interests of the child to do so;

        (c)     in the case of an order of a kind referred to in section 263(1)(e), extend the order (if it has not previously been extended) for one further period (not exceeding 21 days) beginning on the day on which the order is made if it is satisfied that exceptional circumstances exist which justify it in doing so.

    (3)     The Court may not vary or revoke an interim accommodation order or make a new interim accommodation order on an application under subsection (1).

    (4)     The Court may, if in its opinion special circumstances exist which justify it in doing so, refuse to hear an application under subsection (1) unless the applicant has given notice of the application to—

        (a)     the person who applied for the interim accommodation order; and

        (b)     any other party to the proceeding in which that order was made; and

        (c)     any person with whom the child is living—

a reasonable time before the hearing of the application.

    (5)     If the Court proceeds to hear an application under subsection (1) without requiring notice of it to be given as specified in subsection (4), it must cause a written copy of any order made by it on the application to be given as soon as possible to the persons and parties referred to in paragraphs (a), (b) and (c) of subsection (4).