Victorian Current Acts Victorian Current ActsSchedule 5—Transitional provisions relating to the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
Part 1—Preliminary
1 Definitions
(1) In this Schedule—
"amending Act" means the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 ;
"new provision" means a provision of this Act as in force on or after the relevant commencement day;
"old provision" means a provision of this Act as in force before the relevant commencement day;
"relevant commencement day" means—
(a) in relation to Part 2 of this Schedule, the day on which the provisions of Part 2 of the amending Act come into operation; and
(b) in relation to Part 3 of this Schedule, the day on which the provisions of Part 3 of the amending Act come into operation; and
(c) in relation to Part 4 of this Schedule, the day on which the provisions of Part 5 of the amending Act come into operation.
2 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) If this Schedule provides that an old provision continues to apply to any matter or thing, then any regulation or other instrument having effect for the purposes of that provision also continues to apply to that matter or thing.
Part 2—Protection orders
3 Protection orders—renaming
An order specified in column 1 of the Table that was in force immediately before the relevant commencement day under the old provisions is taken on and after the relevant commencement day to be the corresponding order specified in column 2 of the Table.
|
Column 1 |
Column 2 |
|---|---|
|
supervision order | |
|
supervised custody order | |
A custody to Secretary order in force immediately before the relevant commencement day is taken on and after the commencement day to be—
(a) in the case of a child who has been under a custody to Secretary order for less than 24 months at the relevant commencement day, a family reunification order; or
(b) in the case of a child who has been under a custody to Secretary order for 24 months or more at the relevant commencement day, a care by Secretary order and any conditions on that order lapse on that day.
5 Custody to third party orders
A custody to third party order in force immediately before the relevant commencement day continues in force for all purposes until its expiry as if the amendments made by Part 2 of the amending Act had not been enacted.
6 Interim protection orders
An interim protection order in force immediately before the relevant commencement day continues in force for all purposes until the hearing date specified in the notice as if the amendments made by Part 2 of the amending Act had not been enacted.
Sch. 5 Pt 2 cl. 6A inserted by No. 8/2016 s. 20.
6A Determining the period of a family reunification order
Section 287A applies as if in subsection (1) the list of orders included the following orders—
(a) an interim protection order;
(b) a custody to third party order;
(c) a supervised custody order;
(d) a custody to Secretary order;
(e) a guardianship to Secretary order;
(f) a long-term guardianship to Secretary order.
7 References
On and after the relevant commencement day, in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind—
(a) a reference to a supervision order under the old provisions is taken to be a reference to a family preservation order; and
Sch. 5 Pt 2 cl. 7(b) amended by No. 8/2016 s. 21.
(b) a reference to a supervised custody order under the old provisions is taken to be a reference to a family reunification order; and
(c) a reference to a guardianship to Secretary order under the old provisions is taken to be a reference to a care by Secretary order; and
(d) a reference to a long-term guardianship to Secretary order under the old provisions is taken to be a reference to a long-term care order; and
(e) a reference to a custody to Secretary order under the old provisions is taken to be—
(i) if the reference relates to a child who has been under the order for less than 24 months at the relevant commencement day, a reference to a family reunification order; or
(ii) if the reference relates to a child who has been under the order for 24 months or more at the relevant commencement day, a reference to a care by Secretary order.
Part 3—Case planning
(1) Subject to subclause (2), a case plan existing under the old provisions immediately before the relevant commencement day continues to apply to a child despite the amendments made by Part 3 of the amending Act.
(2) The case plan must be reviewed under the new provisions on the date specified in the plan for review or 12 months after the relevant commencement day, whichever happens first.
Part 4—Abolition of Youth Residential Board
9 Abolition of Youth Residential Board
On the relevant commencement day, the Youth Residential Board is abolished and its members and alternate members go out of office.
10 Saving of acts and decisions—general
Any act or decision of the Youth Residential Board is taken for all purposes in relation to any period on and after the relevant commencement day to be an act or decision of the Youth Parole Board.
11 Parole
(1) Without limiting clause 9, an order made by the Youth Residential Board under section 454 of the old provisions and existing immediately before the relevant commencement day is taken on and after the relevant commencement day for all purposes to be an order of the Youth Parole Board under section 458 and the new provisions apply accordingly.
(2) A warrant signed by the secretary or a member of the Youth Residential Board under section 456(5)(a) and existing immediately before the relevant commencement day is taken on and after the relevant commencement day to be a warrant signed by the secretary of the Youth Parole Board under section 460(5)(a) to apprehend the person and return the person to a youth residential centre to serve the unexpired portion of the person's sentence of detention.
(3) Section 460 as in force on and after the relevant commencement day applies to any warrant issued under section 460 but not executed before that day.
12 Saving of proceedings of Youth Residential Board
(1) The Youth Parole Board may continue and complete under the new provisions any proceedings before the Youth Residential Board under the old provisions that were not completed before the relevant commencement day.
(2) For the purposes of any proceedings referred to in subclause (1), the Youth Parole Board may have regard to any files, documents or findings of the Youth Residential Board in relation to those proceedings.
13 Saving of evidentiary provision
Section 437 as in force immediately before the relevant commencement day continues in effect in relation to any order, document or certificate signed before that day despite the repeal of that section by Part 5 of the Amending Act.
14 Saving of immunity provision
Section 440 as in force immediately before the relevant commencement day continues in effect in relation to anything done or omitted to be done before that day despite the repeal of that section by Part 5 of the Amending Act.
15 Reports by Youth Parole Board
(1) The Youth Parole Board must in its first report under section 452(1) on or after the relevant commencement day include a report of the matters set out in 441(1) in relation to the Youth Residential Board in relation to the prescribed period, or part of that period, under section 441(1) up to the relevant commencement day.
(2) The Youth Parole Board may continue and complete under section 452(2), any report of the Youth Residential Board commenced but not completed under section 441(2) before the relevant commencement day.
(3) For the purposes of a report referred to in subclause (1) or (2), the Youth Parole Board may have regard to any files or documents of the Youth Residential Board.
Part 5—Transitional regulations
Sch. 5 Pt 5 cl. 16 expired by force of No. 96/2005 Sch. 5 Pt 5 cl. 16(3).
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Sch. 6 inserted by No. 43/2017 s. 64(2).