Victorian Current Acts Victorian Current Acts(1) In deciding whether to include a condition referred to in section 66Q(2)(c) in a prohibition order against a registrable offender who is a child, the Children's Court must consider the following—
(a) the desirability of the child being supported to gain access to appropriate educational services and health services;
(b) the desirability of allowing the education, training or employment of the child to continue without interruption;
(c) the desirability of minimising disruption to the child and the importance of maintaining social networks and support which may be lost if the child were required to leave the residence.
(2) The Children's Court may only include an exclusion condition in a prohibition order against a registrable offender who is a child if it is satisfied that, if the child is excluded from the child's residence, the child will have appropriate alternative accommodation and appropriate care and supervision.
S. 66R(3) amended by No. 44/2021 s. 29.
(3) For the purposes of considering a matter referred to in subsection (2), the Children's Court may request the Secretary to the Department of Justice and Community Safety to give the Court a report about the options available for the appropriate accommodation, care and supervision of the child if the exclusion condition were included in the prohibition order.
(4) If the Secretary receives a request under subsection (3)—
(a) the Secretary must give the report to the court in the period ordered by the court or, if no period is ordered, within the prescribed time; and
(b) for a request relating to a child under the age of 17 years, section 30 of the Children, Youth and Families Act 2005 applies in relation to the request for the report as if the request were a report received under section 28 of that Act.
S. 66S inserted by No. 21/2016 s. 8.