Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 263

Conditions of interim accommodation order

    (1)     An interim accommodation order may provide for—

        (a)     the release of the child on the signing by the child of an undertaking to appear on the hearing, or the resumption of the hearing, of the relevant proceeding; or

        (b)     the release of the child into the care of his or her parent pending that hearing or resumption on the entering into (whether orally or in writing) by that parent of an undertaking to produce the child before the Court for the hearing, or the resumption of the hearing, of the relevant proceeding; or

        (c)     the placement of the child with a suitable person or suitable persons pending that hearing or resumption on the entering into (whether orally or in writing) by that person or those persons of an undertaking to produce the child before the Court for the hearing, or the resumption of the hearing, of the relevant proceeding and following a report (whether oral or written) from the Secretary on that person's or those persons' suitability; or
s. 263

        (d)     the placement of the child in an out of home care service pending that hearing or resumption; or

        (e)     the placement of the child in a secure welfare service pending that hearing or resumption if there is a substantial and immediate risk of harm to the child; or

        (f)     the placement of the child in a declared hospital on the provision to the Court or bail justice of a statement in the prescribed form by or on behalf of the chief executive of the hospital that a bed is available for the child at the hospital; or

        (g)     the placement of the child in a declared parent and baby unit on the provision to the Court or bail justice of a statement in the prescribed form by or on behalf of the chief executive of the agency managing the parent and baby unit that a place is available for the child at the parent and baby unit.

    (2)     The Court or bail justice may determine not to require a suitable person referred to in sub-section (1)(c) to attend on the hearing of the application for an interim accommodation order if the undertaking required under that sub-section is given by that person by statutory declaration in the prescribed form.

    (3)     An interim accommodation order must not be made providing for the placement of a child in a secure welfare service in any case referred to in section 262(1)(d) or 262(1)(e) unless the Court or bail justice making the order is of the opinion that the placement is necessary to ensure the attendance of the child on the hearing of the irreconcilable difference application.

    (4)     An interim accommodation order must not be made in any case referred to in section 262(1)(c) unless the Court or bail justice making the order is of the opinion that the placement is necessary to ensure the attendance of the child on the hearing of the therapeutic treatment application.

    (5)     The fact that the child does not have adequate accommodation is not by itself a sufficient reason for the making of an order providing for the placement of a child in a secure welfare service.

    (6)     In preparing a report under sub-section (1)(c), the Secretary must have regard to the prescribed criteria (if any).

    (7)     An interim accommodation order may include any conditions that the Court or bail justice considers should be included in the best interests of the child.

    (8)     Conditions included in an interim accommodation order may relate to the access of a parent or other person to the child.

    (9)     The Governor in Council may by Order published in the Government Gazette declare hospitals and parent and baby units for the purposes of sub-section (1).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback