Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 289A

Change to nature of order

    (1)     If under a care by Secretary order the Secretary directs that a parent or parents of the child are to resume parental responsibility for the child, 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 care by Secretary 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)     Division 3 applies to the order; and

        (e)     the order ceases to be a care by Secretary 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. 8 (Heading and s. 290) amended by No. 48/2006 s. 18(2)(3), substituted by No. 61/2014 s. 31.

Division 8—Long-term care order



S. 290 amended by No. 48/2006 s. 18(2)(3), substituted by No. 61/2014 s. 31.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback