Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 323

Restrictions on the making of permanent care order in respect of an Aboriginal child

    (1)     The Court must not make a permanent care order to place an Aboriginal child solely with a non-Aboriginal person or persons unless the disposition report states that—

        (a)     no suitable placement can be found with an Aboriginal person or persons; and

        (b)     the decision to seek the order has been made in consultation with the child, where appropriate; and

        (c)     the Secretary is satisfied that the order sought will accord with the Aboriginal Child Placement Principle.

    (2)     The Court must not make a permanent care order in respect of an Aboriginal child unless—

        (a)     the Court has received a report from an Aboriginal agency that recommends the making of the order; and

        (b)     a cultural plan has been prepared for the child.



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