Victorian Current Acts Victorian Current ActsS. 326(1) substituted by No. 61/2014 s. 65(1).
(1) An application for the variation of a permanent care order or for the revocation (in whole or in part) of a permanent care order may be made to the Court by—
(a) the child in respect of whom the order is made; or
S. 326(1)(b) substituted by No. 8/2016 s. 13(1).
(b) a person who is a parent of the child (other than a person referred to in paragraph (c)), with leave of the Court; or
S. 326(1)(c) substituted by No. 8/2016 s. 13(1).
(c) a person who has parental responsibility for the child under the order (the permanent care parent ); or
(d) the Secretary.
S. 326(1A) inserted by No. 61/2014 s. 65(1).
(1A) A sibling of the child may make an application to the Court for the variation of a permanent care order.
S. 326(1B) inserted by No. 61/2014 s. 65(1), amended by No. 8/2016 s. 13(2).
(1B) An application by a person under subsection (1)(b) to vary a permanent care order made before the end of the period of 12 months after the order is made may only be made on the basis that a contact condition in the order has not been complied with.
S. 326(1C) inserted by No. 61/2014 s. 65(1), amended by No. 8/2016 s. 13(2).
(1C) In determining whether to grant leave to a person under subsection (1)(b), the best interests of the child are the paramount consideration and the Court must—
(a) first have regard to the current circumstances of the child; and
(b) have regard to the matters specified in section 321(1B); and
(c) have regard to potential disruption to the child's permanent care placement and the child's relationship with the permanent care family; and
(d) in the case of an application to vary an order, have regard to whether—
(i) it appears that a party has not complied with any condition or the order; or
(ii) there has been a significant change in the circumstances of the parent or the child since the original order was made; and
(e) in the case of an application to revoke an order, have regard to whether the circumstances of the parent have changed significantly to the extent that the parent can demonstrate that the parent would be able to permanently fulfil the responsibilities and duties of parenthood, including the capacity to provide adequately for the emotional, intellectual, educational and other needs of the child.
S. 326(1D) inserted by No. 61/2014 s. 65(1), amended by No. 8/2016 s. 13(2).
(1D) To assist the Court in determining whether to grant leave to a person under subsection (1)(b), the Court may request a report from the Secretary about the current circumstances of the child.
S. 326(1E) inserted by No. 61/2014 s. 65(1).
(1E) To assist the Court in determining whether to vary a permanent care order in relation to a contact condition, the Court may request a report from the Secretary about the contact needs of the child.
S. 326(1F) inserted by No. 61/2014 s. 65(1).
(1F) To assist the Court in determining whether to revoke a permanent care order, the Court may request a report from the Secretary to assist the Court in determining whether revocation would be in the child's best interests.
(2) The applicant must cause notice of the application to be served on—
(a) the child who is the subject of the application; and
S. 326(2)(b) substituted by No. 61/2014 s. 65(2).
(b) each person who has parental responsibility for the child under the order; and
S. 326(2)(c) amended by No. 29/2006 s. 3(Sch. 1 item 5.2), substituted by No. 61/2014 s. 65(2).
(c) each person who is a parent of the child (other than a person referred to in paragraph (b)); and
(d) the Secretary; and
(e) such other persons as the Court directs.
S. 326(2A) inserted by No. 61/2014 s. 65(3).
(2A) If a parent requires leave of the Court to bring an application to vary or revoke a permanent care order, notice of the application under subsection (2) must not be served on—
(a) the child who is the subject of the application; or
(b) each person who has parental responsibility for the child under the order—
unless that leave is granted.
(3) A notice under subsection (2) must—
S. 326(3)(a) amended by No. 26/2023 s. 46.
(a) be issued out of the Court; and
(b) set out the grounds on which the applicant has made the application; and
(c) be served on a person—
S. 326(3)(c)(i) amended by No. 11/2021 s. 34.
(i) by posting, not less than 14 days before the hearing date stated in the notice, a copy of the notice addressed to the person at the last known place of residence or business of the person; or
S. 326(3)(c)(ii) amended by No. 11/2021 s. 34.
(ii) by delivering, not less than 5 days before the hearing date stated in the notice, a copy of the notice to the person; or
S. 326(3)(c)(iii) amended by No. 11/2021 s. 34.
(iii) by leaving, not less than 5 days before the hearing date stated in the notice, a copy of the notice for the person at the last known place of residence or business of the person with a person who apparently resides or works there and who apparently is not less than 16 years of age.
S. 327 amended by No. 61/2014 s. 66(2) (ILA s. 39B(1)).