Victorian Current Acts Victorian Current Acts(1) Subject to this section, the Court may, on the application of a party to a proceeding or without any such application, adjourn the hearing of the proceeding—
(a) to such times and places; and
(b) for such purposes; and
(c) on such terms as to costs or otherwise—
as it considers necessary or just in the circumstances.
(2) Without limiting subsection (1), the Court may, on adjourning the hearing of a proceeding in the Family Division, require the child or his or her parent to enter into (whether orally or in writing) an undertaking to appear, or to produce the child, before the Court on the resumption of the hearing of the proceeding.
(3) If the Court has adjourned the hearing of a proceeding to a particular time, it may order that the hearing be held or resumed before that time.
(4) The Court may only make an order under subsection (3) with the consent of all the parties or on the application of a party who has given reasonable notice of the application to the other party or parties.
S. 530(5) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 10), 11/2021 ss. 39, 196(2).
(5) If the Court has adjourned the hearing of a proceeding to a particular time and, in the case of a proceeding in the Criminal Division, has remanded the child in custody or, in the case of a proceeding in the Family Division, has placed the child in a secure welfare service, it may by order direct that the child be brought before, or be brought to another place specified in the order where facilities exist to enable the child (by audio visual link or audio link) to appear before, the Court at any time before then in order that the hearing may be held or resumed.
(6) The officer in charge of the remand centre or secure welfare service or other officer in whose custody the child is must obey an order under subsection (5).
S. 530(7) amended by No. 37/2014 s. 10(Sch. item 18.16).
(7) A child being removed from a remand centre or a secure welfare service to be brought before the Court or to another place in compliance with an order under subsection (5) is, during the time of removal, deemed to be in the legal custody of the police officer, protective services officer or other officer having the custody of the child.
(8) The Court must proceed with as much expedition as the requirements of this Act and a proper hearing of the proceeding permit.
(9) The Court should avoid the granting of adjournments in Family Division proceedings to the maximum extent possible.
(10) The Court must not grant an adjournment of a proceeding in the Family Division unless it is of the opinion that—
(a) it is in the best interests of the child to do so; or
(b) there is some other cogent or substantial reason to do so.
(11) In deciding whether and for how long to adjourn a proceeding under this section, the Court must have regard to the requirements in subsections (8) to (10).