Victorian Current Acts Victorian Current Acts(1) A care by Secretary order—
(a) confers parental responsibility for the child on the Secretary to the exclusion of all other persons; and
(b) subject to this Division, remains in force for a period of 2 years; and
(c) ceases to be in force when the child attains the age of 18 years or when the child marries, whichever happens first; and
(d) must provide that if, while the order is in force, the Secretary is satisfied that it is in the child's best interests, the Secretary may in writing direct that a parent of the child is to resume parental responsibility for the child.
S. 289(1A) inserted by No. 8/2016 s. 10.
(1A) Subject to Division 1, a care by Secretary order may be made on the application of the Secretary.
S. 289(1B) inserted by No. 8/2016 s. 10.
(1B) A protection order applying to a child at the date of an application for a care by Secretary order in relation to the child continues in force until the application is determined.
S. 289(1C) inserted by No. 8/2016 s. 10.
(1C) If the Court decides not to make a care by Secretary order, it may, if satisfied that the grounds for the finding under section 274 still exist, make—
(a) an order requiring a person to give an undertaking under this Part; or
(b) a family preservation order in
respect
of the child; or
(c) a family reunification order in respect of the child; or
(d) a long-term care order in respect of the child; or
(e) an order extending a protection order that is in force in respect of the child.
(2) The Court must direct the Secretary to review the operation of the order before the end of the period of 12 months after the making of the order.
(3) Following a review under subsection (2), the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that the order should end.
(4) The Secretary must notify the Court of a determination under subsection (3).
(5) If a notice is given under subsection (4), the order ends at the end of 12 months after the order is made or on the date that notice is given, whichever is the later.
(6) The Secretary must notify the child (if the child is aged 10 years or older), the child's parent and any other persons that the Court directs if the order ends in accordance with subsection (5).
(7) Section 288 applies to a care by Secretary order as if any reference to a family reunification order were a reference to a care by Secretary order.
S. 289A inserted by No. 61/2014 s. 30.