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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005)
TABLE OF PROVISIONS
PART 1.1--INTRODUCTION
1. Purposes
2. Commencement
3. Definitions
4. Guardianship
5. Custody
6. Aboriginal agency
7. References to Parts
PART 1.2--PRINCIPLES
Division 1--Decision Makers to Have Regard to Principles
8. Decision makers to have regard to principles
9. Role of principles
Division 2--Best Interests Principles
10. Best interests principles
Division 3--Decision-making Principles
11. Decision-making principles
Division 4--Additional Decision-making Principles for Aboriginal Children
12. Additional decision-making principles
13. Aboriginal Child Placement Principle
14. Further principles for placement of Aboriginal child
15. Functions and powers of the Secretary
16. Responsibilities of the Secretary
17. Delegation
18. Secretary may authorise principal officer of Aboriginal agency to act
19. Secretary may authorise person in charge of community service to act
20. Role of Ombudsman in relation to certain administrative actions
PART 3.1--SUPPORT FOR COMMUNITY-BASED SERVICES AND FAMILIES
21. Object of Part
22. Purposes of community-based child and family services
23. Power of Secretary to provide funds
24. Family assistance grants
25. Authority to use Crown property
26. Agreements relating to use of Crown property
PART 3.2--CONCERN ABOUT WELLBEING OF CHILD
27. Object of Part
28. Report to Secretary about child
29. Report to Secretary about unborn child
30. Response by Secretary to report
31. Referral to community-based child and family service about child
32. Referral to community-based child and family service about unborn child
33. Response by community-based child and family service to referral
34. Is the report about a child in need of protection?
35. Who may the Secretary consult?
36. Who may the community-based child and family service consult?
37. Disclosers protected
38. Consultation with Secretary
39. Records of disclosures
40. Reporters protected
41. Identity of reporter confidential
42. Review by Victorian Civil and Administrative Tribunal
PART 3.3--COMMUNITY SERVICES
Division 1--Object of Part
43. Object of Part
Division 2--Departmental Services
44. Departmental community services and secure welfare services
Division 3--Registration of Community Services
45. Application for registration
46. Registration
47. Categories of registration
48. Conditions on registration
49. Period of registration
50. Renewal of registration
51. Revocation of registration
52. Notice to community service
53. Application for review
54. Register of community services
55. What information is to be included in the register?
56. Registered community service to notify changes
57. Register to be made public
Division 4--Performance Standards and Responsibilities of Community Services
58. Performance standards
59. What can performance standards provide for?
60. Community service to comply with performance standards
61. Responsibilities of registered community services
Division 5--Monitoring and Review of Community Services
62. Secretary may conduct inquiries
63. Appointment of assessor
64. Visits to community services
65. Community service to assist
Division 6--Appointment of Administrator
66. Displacement of other laws
67. Appointment of administrator
68. Period of appointment of administrator
69. Powers of administrator
70. Revocation of appointment of administrator
71. Remuneration of administrator
Division 7--Information Privacy and Registered Community Services
72. Registered community services
PART 3.4--OUT OF HOME CARERS
Division 1--Introductory
73. Object of Part
74. Definitions
Division 2--Approval, Employment or Engagement of Out of Home Carers
75. Approval of foster carers
76. Employment or engagement of carer
77. Matters to be considered
78. Notice of approval, employment or engagement of carer
79. Notice of revocation of approval or termination of employment or engagement of carer
Division 3--Register of Out of Home Carers
80. Register of carers
Division 4--Conduct of Out of Home Carers
81. Report to Secretary by service of allegation about carer
82. Other reports to Secretary of allegations about carers
83. Secretary to report allegation to police
84. Notice to carer of allegation
85. Consideration by Secretary of report
86. Decision by Secretary on report
87. Notice to carer of decision
88. Record of reports
89. Appointment of investigator
90. Powers of authorised investigator
91. Out of home care service to assist investigator
92. Report by authorised investigator
93. Decision of Secretary following investigation
94. Notice to carer of result of investigation
95. Notice to out of home care service of result of investigation
96. Referral to Suitability Panel
97. Secretary not to proceed if police investigation is proceeding
Division 5--The Suitability Panel
Subdivision
1--Establishment and Constitution
98. Establishment of Panel
99. Constitution of Panel
100. Terms and conditions of appointment
101. Functions of Panel
102. Executive officer of Panel
103. Constitution of Suitability Panel for hearings
Subdivision 2--Procedure
of Suitability Panel in respect of Allegation
104. Notice to parties of hearing
105. Finding of Panel on allegation
106. Finding in relation to disqualification
107. Notice of Panel's findings and determinations
108. Secretary to record finding
109. Notice to out of home care service
Subdivision 3--Review by Suitability Panel of
Disqualification
110. Application for review of disqualification
111. Notice to parties of hearing of application
112. Finding in relation to application
113. Notice of Panel's determination on application
114. Secretary to record removal of disqualification
115. Conduct of hearing
116. Procedure at hearings
117. Powers of panel conducting a formal hearing
Subdivision 5--Review by
VCAT
118. Review by VCAT
Division 6--Offences
119. Out of home care service not to approve, engage or employ disqualified person
120. Out of home care service must ask Secretary if person is disqualified
121. Offence to apply for work as out of home carer while disqualified
122. Offence to apply to work as out of home carer without disclosing investigation
Division 7--General
123. Information provided not to be used in criminal proceedings
124. Protection of reporter
125. Disclosure of information to police and investigator
126. Secretary may provide information for the purpose of proceedings
127. Limited disclosure of information to out of home care services
128. Disclosure by Chief Commissioner of Police
129. Disclosure of information by Secretary
130. Confidentiality of information acquired by authorised investigator
131. Confidentiality of proceedings
132. Disclosure allowed for referee checks
PART 3.5--CHILD CARE AGREEMENTS
Division 1--Introduction
133. Object
134. Definitions
Division 2--Short-Term Child Care Agreements
135. Short-term child care agreements
136. Return of child to parent who has custody
137. Extension of agreement
138. Maximum period for care under agreement
139. Review of agreement
140. Agreement may be made with minor
141. Termination of agreement
142. Return of child to parent at end of agreement
143. Rates of payment under agreement
Division 3--Long-Term Child Care Agreements
144. Children who may be the subject of a long-term child care agreement
145. Long-term child care agreements
146. When will the Secretary approve an agreement?
147. Who may have the care of the child under an agreement?
148. Who is a suitable person?
149. What must an agreement include?
150. Maximum period of care under agreement
151. Return of child at request of parent with custody
152. Review of agreement
153. Agreement may be with minor
154. Termination of agreement
155. Return of child at end of agreement
156. Rates of payment under agreement
Division 4--Review of Decision-Making and Reports
157. Review by Secretary
158. Review by Victorian Civil and Administrative Tribunal
159. Report by service providers
160. Report by Secretary
PART 3.6--RESTRICTIONS ON LONG-TERM CARE OF CHILDREN
161. Restrictions on who may provide long-term care of children
PART 4.1--CHILDREN IN NEED OF PROTECTION
162. When is a child in need of protection?
163. Effect of conduct outside Victoria
PART 4.2--RESPONSIBILITIES OF MINISTER
164. Responsibilities of Minister
165. Central register
PART 4.3--RESPONSIBILITIES OF SECRETARY
Division 1--Case Planning and Stability Planning
166. What is a case plan?
167. Preparation of case plan
168. Review of case plan
169. What is a stability plan?
170. Preparation of stability plan
171. When is a stability plan not required?
Division 2--Responsibilities of Secretary as Guardian or Custodian
172. Powers of Secretary as guardian or custodian
173. Placement of children
174. Secretary's duties in placing child
175. Support for child moving from secure welfare service
176. Cultural plan for Aboriginal child
177. State Guardianship Fund
Division 3--Responsibility to Provide Information
178. Responsibility of Secretary to provide information to parents
179. Responsibility of Secretary or out of home care service to provide information to carers
180. Confidentiality
PART 4.4--REPORTING
Division 1--Introduction
181. Who is a protective intervener?
182. Who is a mandatory reporter?
Division 2--Report to Protective Intervener
183. Report to protective intervener
184. Mandatory reporting
185. Report on child in need of therapeutic treatment
186. Grounds for belief
187. Determination by Secretary about report
188. Record of report
Division 3--Protection of Reporters
189. Reporters protected
190. Evidence and legal proceedings
191. Confidentiality
PART 4.5--DISCLOSURE OF INFORMATION
Division 1--Voluntary Disclosure of Information
192. Secretary may request provision of information
193. Disclosers protected
Division 2--Compulsory Disclosure of Information
194. Who is an authorised officer?
195. Secretary may authorise direction to disclose
196. Authorised officer may require disclosure of information
197. Refusal or failure to comply with requirement
198. Protection against self-incrimination
199. Legal professional privilege
200. Medical professional privilege does not apply
201. Offence to give false or misleading information
202. Exclusion of evidence of disclosed information
203. Reporting of authorisations and directions
PART 4.6--INVESTIGATION
Division 1--Investigation of Protective Intervention Report
204. Directions for protective interveners
205. Investigation by protective intervener
206. Record of investigation
207. Provision of protection report to police
208. Protection of givers of information
209. Confidentiality
Division 2--Investigation of Therapeutic Treatment Report
210. Investigation by Secretary
211. Record of investigation
212. Protection of givers of information
213. Confidentiality
PART 4.7--PROCEDURE IN FAMILY DIVISION
Division 1--General
214. How proceeding in Family Division commenced
215. Conduct of proceedings in Family Division
216. Power of Family Division to make certain orders by consent in absence of parties
Division 2--Dispute Resolution Conferences
217. Referral of application to dispute resolution conference
218. What is a facilitative conference?
219. What is an advisory conference?
220. Guidelines for dispute resolution conferences
221. Time and place of dispute resolution conference
222. Who is to attend a dispute resolution conference?
223. Report to Court by convenor
224. Court to consider report of convenor
225. Immunity of participants
226. Confidentiality of dispute resolution conferences
227. Dispute resolution convenors
PART 4.8--PROTECTIVE INTERVENTION
Division 1--Temporary Assessment Orders
228. Application for temporary assessment order by notice
229. Application for temporary assessment order without notice
230. Matters to be considered by Court
231. Temporary assessment order
232. What may a temporary assessment order provide for?
233. Child not to be medically examined in certain cases
234. Protection of privileges
235. Application for variation or revocation of order made in absence of child
236. Duration of temporary assessment order
237. Secretary may apply for warrant
238. Report to Court by Secretary
239. Appeal against temporary assessment order
Division 2--Action by Protective Intervener
240. Action by protective intervener
241. Protective intervener may take child in need of protection into safe custody
242. Actions on taking child into safe custody
243. Making a protection application without taking child into safe custody
Division 3--Child in Need of Therapeutic Treatment
Subdivision 1--When is a
Child in Need of Therapeutic Treatment?
244. When is a child in need of therapeutic treatment?
245. Referral to Therapeutic Treatment Board for advice
Subdivision
2--Therapeutic Treatment Orders
246. Secretary may apply for therapeutic treatment order
247. Issue of search warrant if child does not appear
248. When Court may make order under this Division
249. Therapeutic treatment order
250. Duration of order
251. Statements by child not admissible in criminal proceedings
Subdivision
3--Therapeutic Treatment (Placement) Orders
252. When can a therapeutic treatment (placement) order be made?
253. Therapeutic treatment (placement) order
254. Duration of order
Subdivision 4--Extension
of Orders
255. Application for extension of order
256. Extension of order
Subdivision 5--Variation
and Revocation of Orders
257. Variation of order
258. Revocation of order
Division 4--Irreconcilable Differences
259. Application if there is an irreconcilable difference
260. Conciliation counselling
261. Proceeding on application if party does not appear
Division 5--Interim Accommodation Orders
262. Interim accommodation order
263. Conditions of interim accommodation order
264. Duration of interim accommodation order
265. Parent entitled to know child's whereabouts
266. Power of Secretary to transfer child
267. Extension of interim accommodation order
268. Application for variation of interim accommodation order
269. Procedure on breach of interim accommodation order
270. Application for new interim accommodation order
271. Appeal against interim accommodation order
Division 6--Undertakings
272. Order requiring undertaking
273. Variation or revocation of undertaking
PART 4.9--PROTECTION ORDERS
Division 1--General
274. When Court may make order under this Part
275. Types of protection order
276. Restrictions on the making of protection orders
277. Service of applications
Division 2--Undertaking
278. Undertaking—protection order
279. Variation or revocation of undertaking
Division 3--Supervision Order
280. Supervision order
281. Supervision order may impose conditions
282. Powers of Secretary under supervision order
Division 4--Custody to Third Party Order
283. Custody to third party order
Division 5--Supervised Custody Order
284. Supervised custody order
285. Powers of Secretary under supervised custody order
286. Change to nature of order on re-unification
Division 6--Custody to Secretary Order
287. Custody to Secretary order
288. Lapsing of custody to Secretary order
Division 7--Guardianship to Secretary Order
289. Guardianship to Secretary order
Division 8--Long-term Guardianship to Secretary Order
290. Long-term guardianship to Secretary order
Division 9--Interim Protection Order
291. Interim protection order
292. Interim accommodation order if hearing adjourned
Division 10--Extension of Protection Orders
293. Application for extension of protection order
294. Extension of order
295. Matters to be taken into account
296. Duration of extension
297. Limited extension pending other orders
298. Review of extended orders
Division 11--Variation of Protection Orders
299. Application of Division
300. Application for variation of order
301. Decision of Court on application for variation
302. Interim variation of custody to Secretary order
Division 12--Revocation of Protection Orders
303. Application of Division
304. Application for revocation of order—general
305. Application for revocation of guardianship to Secretary order
306. Application for revocation of long-term guardianship to Secretary order
307. Decision of Court on application for revocation
308. Revocation of custody to Secretary order or guardianship to Secretary order
309. Revocation of long-term guardianship to Secretary order
310. Court may make further orders on revocation
Division 13--Breach of Protection Order
311. Application of Division
312. Breach of protection order—notice to appear
313. Taking child into safe custody when notice is served
314. Taking child into safe custody without notice
315. Requirements when taking child into safe custody
316. Order to continue
317. Interim protection order expires on making of interim accommodation order
318. Decision of Court
PART 4.10--PERMANENT CARE ORDERS
319. When Court may make permanent care order
320. Application for permanent care order
321. Permanent care order
322. Restrictions on the making of permanent care orders
323. Restrictions on the making of a permanent care order in respect of an Aboriginal child
324. Lapsing of permanent care order
325. Disputes between joint custodians or guardians
326. Variation or revocation of permanent care order
327. Decision on application for variation or revocation
PART 4.11--APPEALS AND REVIEWS
Division 1--Appeals
328. Appeal to County Court or Supreme Court
329. Appeal to Supreme Court on a question of law
330. Appeals to be heard in open court
Division 2--Reviews
331. Internal review
332. Review of decisions relating to recording of information
333. Review by Victorian Civil and Administrative Tribunal
PART 4.12--INTERSTATE MOVEMENT OF CHILDREN AND TRANSFERS
334. Definition
335. Interstate movement of children
336. Financial or other arrangements
337. Transfer agreements
Division 2--Transfer of Child Protection Orders and Proceedings
338. Transfer of child protection orders and proceedings
PART 4.13--THERAPEUTIC TREATMENT BOARD
339. Establishment of Therapeutic Treatment Board
340. Constitution of Board
341. Functions of Board
342. Committees
343. Procedure of the Board
PART 5.1--CRIMINAL RESPONSIBILITY OF CHILDREN
344. Children under 10 years of age
PART 5.2--PROCEDURES AND STANDARD OF PROOF
Division 1--Custody and Bail
345. Children to be proceeded against by summons except in exceptional circumstances
346. Child in custody to be brought before Court or bail justice
347. Child in custody to be placed in remand centre
348. Breach of bail
Division 2--Referral for Investigation
349. Referral to Secretary
350. Report of investigation
351. Report on outcome of application
352. Court must adjourn in case of therapeutic treatment order
353. Report to Criminal Division on outcome of therapeutic treatment order
354. Hearing of adjourned case
355. Pre-sentence report to Court
Division 3--Procedure for Indictable Offences Triable Summarily
356. Procedure for indictable offences triable summarily
Division 4--Standard of Proof
357. Proof beyond reasonable doubt
Division 5--Reports and other Matters to be Taken into Account in Considering Sentence
358. Court may only consider certain reports and other matters
359. Victim impact statements
PART 5.3--SENTENCING ORDERS
Division 1--Sentencing generally
360. Sentencing orders
361. Sentencing hierarchy
362. Matters to be taken into account
Division 2--Undertaking
363. Non-accountable undertaking
364. Breach of undertaking
Division 3--Accountable Undertaking
365. Accountable undertaking
366. Breach of undertaking
Division 4--Good Behaviour Bond
367. Good behaviour bond
368. Dismissal where bond observed
369. Child required to appear
370. Failure to appear
371. Breach of bond
372. Time for application
Division 5--Fines
373. Fines
374. Financial circumstances of child to be considered
375. Instalment orders
376. Time to pay
377. Application for time to pay, for instalment order or for variation of instalment order
378. Default in payment of fine or instalment
379. Reduction of order by payment of portion of fine
380. Court may order probation
381. Conditions of probation orders
382. Concurrent probation orders
383. Court may require Secretary to report
384. Breach of probation
385. Secretary's report
386. Time for application
Division 7--Youth Supervision Orders
387. Court may impose youth supervision order
388. Concurrent youth supervision orders
389. Youth supervision orders
390. Suspension of youth supervision order
391. Court may require Secretary to report
392. Breach of youth supervision order
393. Penalties for breach
394. Matters to be taken into account
395. Time for application
Division 8--Youth Attendance Orders
396. Definitions
397. Youth attendance order
398. Restrictions on power to make youth attendance order
399. Sentencing court to impose requirements
400. Concurrent orders
401. Copy of order to be given
402. Reporting
403. Suspension of youth attendance order
404. Court may require Secretary to report
405. Objects of youth attendance order
406. Person subject to control etc. of Secretary etc.
407. Community service
408. Breach of youth attendance order
409. Application for variation or revocation of order
Division 9--Youth Residential Centre Orders
410. Court may make youth residential centre order
411. Youth residential centre orders
Division 10--Youth Justice Centre Orders
412. Court may make youth justice centre order
413. Youth justice centre orders
Division 11--Deferral of Sentencing
414. Deferral of sentencing
415. Group conference
416. Hearing of adjourned case
Division 12--Orders in Addition to Sentence
417. Orders in addition to sentence
418. Enforcement of orders in addition to sentence
Division 13--General
419. Provisions applicable to warrants
420. Bail
421. Variation or revocation of order
422. Suspension of order
423. Proceedings for breach of sentencing order
PART 5.4--APPEALS TO COUNTY COURT AND SUPREME COURT
424. Appeal to County Court or Supreme Court
425. County Court or the Supreme Court may reserve question of law for Full Court
426. Appeals to Full Court from County Court or Supreme Court
427. Appeal to Supreme Court on a question of law
428. Appeal by child under 15 years
429. Parent may enter into bail
430. Appeals to be heard in open court
PART 5.5--PAROLE
Division 1--Youth Residential Board
431. Establishment of Youth Residential Board
432. Terms and conditions of office
433. Alternate members
434. Meetings of the Youth Residential Board
435. Validity of acts or decisions of the Youth Residential Board
436. Secretary or member may act on behalf of Youth Residential Board
437. Evidentiary provisions
438. Powers etc. of Youth Residential Board
439. Powers to take evidence etc.
440. Saving of members of Youth Residential Board from liability
441. Reports by Youth Residential Board
Division 2--Youth Parole Board
442. Establishment of Youth Parole Board
443. Terms and conditions of office
444. Alternate members
445. Meetings of the Youth Parole Board
446. Validity of acts or decisions of the Youth Parole Board
447. Secretary or member may act on behalf of Youth Parole Board
448. Evidentiary provisions
449. Powers etc. of Youth Parole Board
450. Powers to take evidence etc.
451. Saving of members of Youth Parole Board from liability
452. Reports by Youth Parole Board
Division 3--Youth Parole Officers
453. Youth parole officers
Division 4--Release on Parole from Youth Residential Centre
454. Release on parole from youth residential centre
455. Person still under sentence until end of parole period
456. Cancellation of parole
457. Youth Residential Board may release on parole more than once
Division 5--Release on Parole from Youth Justice Centre
458. Release on parole from youth justice centre
459. Person still under sentence until end of parole period
460. Cancellation of parole
461. Youth Parole Board may release on parole more than once
PART 5.6--TRANSFERS
Division 1--Jurisdiction over Detainees
462. Persons detained in youth residential centre subject to Youth Residential Board
463. Persons detained in youth justice centre subject to Youth Parole Board
Division 2--Transfer from Youth Residential Centre to Youth Justice Centre
464. Power of Youth Residential Board to transfer person to a youth justice centre
465. Restriction on transfer of under 14 year olds
466. Transfer to youth justice centre
Division 3--Transfer from Youth Justice Centre to Prison
467. Power of Youth Parole Board to transfer person to prison
468. Detainee may request transfer to prison
469. Transfer to prison
Division 4--Transfer from Youth Justice Centre to Youth Residential Centre
470. Persons in youth justice centre may be transferred to youth residential centre
Division 5--Transfers to and from Prison
471. Persons in prison may be transferred to youth justice centre
472. Person in prison may be transferred to youth residential centre
473. Person transferred from prison to YJC or YRC may be transferred back to prison
Division 6--General
474. Person in youth residential centre sentenced to detention in youth justice centre or imprisonment
475. Person in youth justice centre sentenced to imprisonment
476. Person in youth justice centre sentenced to detention in youth residential centre
477. Person in prison sentenced to detention in youth justice centre
PART 5.7--ESTABLISHMENT OF CORRECTIVE SERVICES FOR CHILDREN
478. Governor in Council may establish corrective services
479. Approval of service as youth justice unit
480. Approval of service as group conference program
481. Standard of services
482. Form of care, custody or treatment
PART 5.8--PERSONS IN DETENTION
483. Legal custody
484. Removal of person from remand centre etc.
485. Temporary leave from legal custody
486. Search
487. Prohibited actions
488. Isolation
489. Detention in default of payment of a fine
490. Bringing of person before court or inquest
491. Power of police to arrest person in youth justice centre
492. Interstate transfer of young offenders
PART 6.1--OFFENCES RELATING TO THE PROTECTION OF CHILDREN
493. Offence to fail to protect child from harm
494. Offence to leave child unattended
495. Offence to harbour or conceal child
496. Offence to counsel or induce child to be absent without lawful authority etc.
497. Offences in relation to community service etc.
PART 6.2--OFFENCES RELATING TO DETAINED PERSONS
498. Offence to escape or attempt to escape etc.
499. Offence to harbour or conceal person
500. Offence to counsel or induce person to escape
501. Offences in relation to persons held in centres
PART 6.3--GENERAL OFFENCES
502. Offence to impersonate Secretary as protective intervener
503. Offence to obstruct Secretary or employee
PART 7.1--THE CHILDREN'S COURT
504. The Children's Court
505. Where and when Court to be held
506. President, magistrate or acting magistrate to be in attendance
507. Assignment of magistrates or acting magistrates
508. President
509. Acting President
510. Assignment of duties
511. Delegation by the President
512. Protection of President
513. Protection of magistrates or acting magistrates
514. Annual report
PART 7.2--JURISDICTION
515. Jurisdiction of Family Division
516. Jurisdiction of Criminal Division
517. Koori Court (Criminal Division)
PART 7.3--PROCEDURE
PART 7.4--POWERS
PART 7.5--RESTRICTION ON PUBLICATION OF PROCEEDINGS
PART 7.6--COURT OFFICERS
PART 7.7--COURT SERVICES
PART 7.8--REPORTS TO THE COURT
Division 1--General
Division 2--Protection Reports
Division 3--Disposition Reports and Additional Reports
Division 4--Therapeutic Treatment Application Reports
Division 5--Therapeutic Treatment (Placement) Reports
Division 6--Pre-Sentence Reports
Division 7--Group Conference Reports
PART 7.9--CHILDREN AND YOUNG PERSONS INFRINGEMENT NOTICE SYSTEM
PART 7.10--GENERAL
PART 7.11--RULES
PART 8.1--SERVICE OF DOCUMENTS
PART 8.2--POWERS OF SECRETARY IN RELATION TO MEDICAL SERVICES
PART 8.3--TAKING CHILD INTO SAFE CUSTODY
PART 8.4--JURISDICTION OF SUPREME COURT
PART 8.5--REGULATIONS
PART 8.6--REPEALS AND TRANSITIONAL PROVISIONS
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
ENDNOTES
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