Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 268

    (1)     If the Court makes an interim accommodation order in respect of a child, the child or a parent of the child may apply to the Court for variation of the conditions included in the order if—

        (a)     the applicant was not legally represented at the hearing of the application for the order; or

        (b)     new facts or circumstances have arisen since the making of the order.

    (2)     If—

        (a)     the Court makes an interim accommodation order in respect of a child; and

        (b)     new facts or circumstances have arisen since the making of the order—

a protective intervener may apply to the Court for variation of the conditions included in the order.

S. 268(3) substituted by No. 52/2013 s. 35(1).

    (3)     On an application under subsection (2) by a protective intervener, he or she may serve—

        (a)     unless paragraph (b) applies, a notice stating that an application for variation of the conditions included in the interim accommodation order will be made to the Court on a day and at a time specified in the notice; or

        (b)     if the child is the subject of an interim accommodation order made under section 262(1)(c), a notice directing—

              (i)     the child to appear before the Court; and

              (ii)     the parent or other person with whom the child is living to produce the child before the Court.

    (4)     A notice under subsection (3) must be served on—

        (a)     the child's parent or other person with whom the child is living; and

        (b)     if the child is of or above the age of 12 years, the child—

a reasonable time before the hearing of the application.

S. 268(5) amended by No. 52/2013 s. 35(2)(a).

    (5)     If a notice under subsection (3) is served in accordance with subsection (4) and the child does not appear before the Court, in the case of a notice under subsection (3)(a), if ordered to do so by the Court or, in the case of a notice under subsection (3)(b), at the time stated in the notice—

S. 268(5)(a) amended by No. 52/2013 s. 35(2)(b).

        (a)     a protective intervener may, without a warrant, place the child in emergency care; or

S. 268(5)(b) amended by No. 52/2013 s. 35(2)(c).

        (b)     the Court may, if satisfied that the order or notice has come to the attention of the child's parent or other person with whom the child is living or, if the child is of or above the age of 12 years, the child and, if practicable, the child's parent or other person with whom the child is living, issue a search warrant for the purpose of having the child placed in emergency care.

S. 268(6) substituted by No. 52/2013 s. 35(3).

    (6)     Sections 241 and 242 apply, or if the child is the subject of an interim accommodation order made under section 262(1)(c) sections 247(2) and 247A apply, with any necessary modifications to—

        (a)     the placing of a child in emergency care (with or without a warrant) under this section; and

        (b)     the issue and execution of a search warrant under this section.

    (7)     On the child appearing or being brought before the Court under this section, the Court may vary the conditions of the order.

S. 268(8) inserted by No. 52/2013 s. 35(4).

    (8)     If the child is not required to appear before the Court on the hearing of an application under this section, the Court may hear and determine the application in the absence of the child.