Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 270

Application for new interim accommodation order

    (1)     If an interim accommodation order is in force in respect of a child, the child or a parent of the child may apply to the Court for a new interim accommodation order if—

        (a)     the applicant was not legally represented at the hearing of the application for the order; or

        (b)     new facts or circumstances have arisen since the making of the order.

    (2)     If the Court makes an interim accommodation order in respect of a child, a protective intervener (whether or not the order is still in force) may apply to the Court for a new interim accommodation order if—

        (a)     new facts or circumstances have arisen since the making of the order; or

        (b)     the protective intervener is satisfied on reasonable grounds that the child is living in conditions which are unsatisfactory in terms of the safety and wellbeing of the child.

    (3)     On an application under sub-section (2), the protective intervener 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.

    (4)     A notice under sub-section (3) 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.

    (5)     If a notice under sub-section (3) is served in accordance with sub-section (4) 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 issue a search warrant for the purpose of having the child taken into safe custody, if the Court is 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.

    (6)     If on an application under sub-section (2) by a protective intervener in the circumstances set out in sub-section (2)(b), the protective intervener is satisfied that there is good reason not to proceed as specified in sub-section (3) or that service of a notice under sub-section (3) cannot be carried out, he or she may—

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

        (b)     apply to a magistrate for the issue of a search warrant.

    (7)     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.

    (8)     A child taken into safe custody under sub-section (6) 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.

    (9)     On the child appearing or being brought before the Court or a bail justice under this section, the Court or bail justice may make a new interim accommodation order.

    (10)     Nothing in this section limits the power of the Court to make another interim accommodation order where the existing order was made by a bail justice or was made by the Court on an adjournment of a proceeding.



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