Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 291

Interim protection order

    (1)     If the Court in hearing and determining a protection application or an irreconcilable difference application is satisfied—

        (a)     that the child is in need of protection or that there is a substantial and presently irreconcilable difference between the person who has custody of the child and the child to such an extent that the care and control of the child are likely to be seriously disrupted; and

        (b)     that it is desirable, before making a protection order, to test the appropriateness of a particular course of action—

it may make an interim protection order.

    (2)     If the Court in hearing and determining an application for a revocation of a supervised custody order or a custody to third party order or a matter relating to a breach of a supervision order or a breach of a supervised custody order is satisfied that it is desirable, before making a further protection order in respect of a child, to test the appropriateness of a particular course of action, it may make an interim protection order.

    (3)     An interim protection order

        (a)     makes the Secretary accountable to the Court for the implementation of the order; and

        (b)     states who has responsibility for the supervision of the child; and

        (c)     may direct the preparation and submission to the Court of an additional report by a person specified in the order; and

        (d)     must require the child and his or her parent or other person with whom the child is living to appear before the Court before the expiry of the order at the time specified in the order or in any notice caused by the Court to be served on—

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

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

a reasonable time before the hearing date specified in the notice; and

        (e)     remains in force for the period (not exceeding 3 months) specified in the order; and

        (f)     may include any conditions to be observed by—
s. 291

              (i)     the child in respect of whom the order is made; or

              (ii)     the parent of the child; or

              (iii)     the person with whom the child is living—

        that the Court considers to be in the best interests of the child, including conditions as to where the child lives or concerning access by a parent or other person.

    (4)     If the child does not appear before the Court at the time required in accordance with sub-section (3)(d)—

        (a)     the Secretary 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.

    (5)     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.

    (6)     On the child appearing or being brought before the Court under this section the Court, after considering a further disposition report, must make, or refuse to make, a further protection order but must not extend the interim protection order or make a new interim protection order (if it is still in force).



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