Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 288A

    (1)     If under a family reunification order the Secretary directs that a parent or parents of a child are to resume parental responsibility for the child to the exclusion of the Secretary, then on and from the date of the direction—

        (a)     the Secretary ceases to have parental responsibility for the child; and

        (b)     the parent resumes parental responsibility for the child as specified in the direction; and

        (c)     the family reunification order is taken to
be a family preservation order giving the Secretary responsibility for the supervision of the child and placing the child in the day to day care of the parent or parents who have parental responsibility for the child; and

        (d)     the conditions of the family reunification order continue to apply as conditions of the family preservation order; and

        (e)     Division 3 applies to the order; and

        (f)     the order ceases to be a family reunification order for the purposes of this Act.

    (2)     The Secretary must give a copy of a direction under this section to—

        (a)     the Court; and

        (b)     the child; and

        (c)     the parent of the child.

    (3)     The Secretary may apply to the Court to determine that the order is to include conditions.

    (4)     The Court may determine that the order is to include conditions of a kind referred to in section 281, without requiring the parties to attend, or be represented at, the proceeding.

    (5)     If the Court makes a determination under subsection (4), the order is taken to include those conditions as if they were included in the order under section 281.

Ch. 4 Pt 4.9 Div. 7 (Heading and s. 289) amended by No. 48/2006 s. 18(1), substituted as Ch. 4 Pt 4.9 Div. 7 (Heading and ss 289, 289A) by No. 61/2014 s. 30.

Division 7—Care by Secretary order

S. 289 amended by No. 48/2006 s. 18(1), substituted by No. 61/2014 s. 30.