Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 289

    (1)     A guardianship to Secretary order—

        (a)     grants custody and guardianship of the child to the Secretary to the exclusion of all other persons; and

        (b)     subject to this Division, remains in force for the period (not exceeding 2 years) specified in the order; and

        (c)     ceases to be in force—

              (i)     when the child attains the age of 18 years; or

              (ii)     when the child marries—

        whichever happens first.

    (2)     If the Court specifies in a guardianship to Secretary order a period exceeding 12 months for the order to remain in force it must direct the Secretary—

        (a)     to review the operation of the order before the end of the period of 12 months after the making of the order; and

        (b)     to notify the Court, the child, the child's parent and such other persons as the Court directs before the end of that period if the Secretary considers that it is in the best interests of the child for the order to continue for the duration of the period specified in the order.

    (3)     Unless the Secretary makes a notification in accordance with sub-section (2), the guardianship to Secretary order ceases to be in force at the end of the period of 12 months after it was made.