Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 349

Referral to Secretary

    (1)     If—

S. 349(1)(a) amended by No. 68/2009 s. 64.

        (a)     a child appears as an accused in a criminal proceeding in the Court; and

        (b)     the Court considers that there is prima facie evidence that grounds exist for the making of a protection application in respect of the child

the Court may refer the matter of an application to the Secretary for investigation.

    (2)     If—

S. 349(2)(a) amended by No. 68/2009 s. 64.

        (a)     a child appears as an accused in a criminal proceeding in the Court; and

        (b)     the Court considers that there is prima facie evidence that grounds exist for the making of an application for a therapeutic treatment order in respect of the child

the Court may refer the matter of an application to the Secretary for investigation.

S. 349(3) inserted by No. 33/2018 s. 11.

    (3)     In deciding whether or not to refer a matter to the Secretary under subsection (2), the Court must consider—

        (a)     the seriousness of the child's sexually abusive behaviours; and

        (b)     any previous history of sexually abusive behaviours of the child and how those behaviours were addressed; and

        (c)     the particular characteristics and circumstances of the child; and

        (d)     any other matters the Court considers relevant.



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