Victorian Current Acts

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

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 335

Interstate movement of children

S. 335(1) amended by Nos 61/2014 s. 76(1), 8/2016 s. 15(1).

    (1)     The Secretary may, on request by or on behalf of the Minister or other person in another State exercising guardianship in that State over a child under an enactment corresponding to this Chapter, declare the child to be under the sole parental responsibility of the Secretary if the child has entered or is about to enter Victoria.

S. 335(2) amended by Nos 61/2014 s. 76(2), 8/2016 s. 15(2).

    (2)     A declaration under subsection (1) is for all purposes to be deemed to be a care by Secretary order of 2 years duration commencing from—

        (a)     the date when the Minister or other person in the other State was last granted guardianship of the child or the period of that guardianship was last extended; or

S. 335(2)(b) amended by No. 8/2016 s. 15(2).

        (b)     if the date referred to in paragraph (a) occurred more than 2 years before the date of the declaration under subsection (1), the latter date.

S. 335(3) amended by No. 61/2014 s. 76(2).

    (3)     A deemed care by Secretary order referred to in subsection (2) may be extended or revoked in accordance with the provisions of Division 10 or 12 of Part 4.9 (as the case requires).

S. 335(4) amended by No. 61/2014 s. 76(2).

    (4)     Subject to subsections (2) and (3), a deemed care by Secretary order referred to in subsection (2) remains in force—

        (a)     until the child leaves Victoria; or

        (b)     until the child would have ceased to be under the guardianship of the Minister or other person in the other State if the child had remained in the other State.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback