Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 294A

Restrictions on the extension of protection orders

    (1)     The Court must not extend a family reunification order unless it is satisfied that—

        (a)     there is compelling evidence that it is likely that a parent of the child will permanently resume care of the child during the period of the extension; and

        (b)     the extension will not have the effect that a child will be placed in out of home care for a cumulative period that exceeds 24 months, calculated in accordance with section 287A.

    (2)     The Court must not extend a care by Secretary order unless the Court is satisfied that—

        (a)     firstly, a permanent care order is not appropriate in the circumstances; and

        (b)     secondly, a long-term care order is not appropriate in the circumstances.

    (3)     Despite subsection (2), the Court may extend a care by Secretary order if the Court is satisfied that there are exceptional circumstances which justify the making of a further care by Secretary order.

S. 295 amended by No. 52/2013 s. 42, repealed by No. 61/2014 s. 35.

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