Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 290

Long-term guardianship to Secretary order

    (1)     A long-term guardianship to Secretary order

        (a)     may be made in respect of a child of or over the age of 12 years; and

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

        (c)     subject to this Division, remains in force until the child attains the age of 18 years or marries whichever happens first; and

        (d)     despite anything to the contrary in Division 7, may be made instead of extending a guardianship to Secretary order.

    (2)     The Court must not make a long-term guardianship to Secretary order unless the Court is satisfied that—

        (a)     there is a person or persons available with whom the child will continue to live for the duration of the order; and

        (b)     the Secretary consents to the making of the order; and
s. 290

        (c)     the child consents to the making of the order; and

        (d)     the making of the order is in the best interests of the child.

    (3)     The Court must direct the Secretary

        (a)     to review the operation of the order before the end of each 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 he or she considers that, to ensure the safety and wellbeing of the child, the order should continue for a further period of 12 months.

    (4)     Unless the Secretary makes a notification in accordance with sub-section (3), the guardianship to Secretary order ceases to be in force at the end of the period of 12 months to which the review applies.



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