Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 172

Powers of Secretary as guardian or custodian

    (1)     The Secretary, in relation to a child who is under his or her guardianship

        (a)     is the guardian of the person and estate of the child to the exclusion of all other persons; and

        (b)     has the same rights, powers, duties, obligations and liabilities as a natural parent of the child would have.

    (2)     The Secretary, in relation to a child who is in the custody or under the guardianship of the Secretary

        (a)     has the sole right to the custody of the child; and

        (b)     may demand, sue for and recover any money due to the child; and

        (c)     in the name and on behalf of the child may commence and prosecute any proceeding relating to any property or rights of the child.

    (3)     The Secretary may detain without warrant any child who is in the custody or under the guardianship of the Secretary.

    (4)     This section applies except as otherwise expressly provided by this Chapter or by any order made under this Chapter.



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