Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 276

Restrictions on the making of protection orders

    (1)     Subject to section 557(2), the Court must not make a protection order unless—

        (a)     it has received and considered a disposition report; and

        (b)     it is satisfied that all reasonable steps have been taken by the Secretary to provide the services necessary in the best interests of the child.

S. 276(2) amended by No. 61/2014 s. 17 (as amended by No. 27/2015 s. 3).

    (2)     The Court must not make a protection order that has the effect of removing a child from the care of the child's parent unless—

S. 276(2)(a) amended by No. 61/2014 s. 17 (as amended by No. 27/2015 s. 3).

        (a)     the Court has considered and rejected as being contrary to the best interests of the child, an order allowing the child to remain in the care of the child's parent; and

S. 276(2)(b) amended by No. 61/2014 s. 17 (as amended by No. 27/2015 s. 3).

        (b)     the Court is satisfied by a statement contained in a disposition report in accordance with section 558(c) that all reasonable steps have been taken by the Secretary to provide the services necessary to enable the child to remain in the care of the child's parent; and

        (c)     the Court considers that the making of the order is in the best interests of the child.

    (3)     The fact that the child does not have adequate accommodation is not by itself a sufficient reason for the making of an order referred to in subsection (2).

S. 276A inserted by No. 61/2014 s. 18.



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