Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 269

    (1)     If a protective intervener has reasonable grounds for believing that an interim accommodation order or any condition of an interim accommodation order has not been, or is not being, complied with, he or she may by notice direct—

        (a)     the child to appear; and

        (b)     the parent or other person with whom the child is living to produce the child—

        before the Court.

    (2)     A notice under sub-section (1) must be served on—

        (a)     the child's parent or other person with whom the child is living; and

        (b)     if the child is of or above the age of 12 years, the child—

a reasonable time before the commencement of the hearing under this section.

    (3)     If a notice under sub-section (1) is served in accordance with sub-section (2) and the child does not appear before the Court at the time stated in the notice—

        (a)     a protective intervener may, without a warrant, take the child into safe custody; or

        (b)     the Court may, if satisfied that the notice has come to the attention of the child's parent or other person with whom the child is living or, if the child is of or above the age of 12 years, the child and, if practicable, the child's parent or other person with whom the child is living, issue a search warrant for the purpose of having the child taken into safe custody.

    (4)     If a protective intervener—

        (a)     is satisfied that there is good reason not to proceed as specified in sub-section (1) or that service of a notice under sub-section (1) cannot be carried out; and

        (b)     is satisfied on reasonable grounds that there has been a failure to comply with the interim accommodation order or any condition attached to it—

        he or she may, without a warrant, take the child into safe custody or apply to a magistrate for the issue of a search warrant for the purpose of having the child taken into safe custody.

    (5)     A child taken into safe custody under sub-section (4) must be brought before the Court or a bail justice as soon as possible after being taken into safe custody and in any event within 24 hours after that event.
s. 269

    (6)     Sections 241 and 242 apply with any necessary modifications to the taking of a child into safe custody and the issue and execution of a search warrant under this section.

    (7)     On the child appearing or being brought before the Court or a bail justice under this section, the Court or bail justice—

        (a)     may revoke the interim accommodation order and make another interim accommodation order; or

        (b)     may refuse to revoke the interim accommodation order; or

        (c)     may make another interim accommodation order if the interim accommodation order expired after the notice was served under sub-section (1) or the protective intervener proceeded as specified in sub-section (4), as the case requires.