Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 297

Limited extension pending other orders

    (1)     If—

        (a)     an extension application is made in respect of a custody to Secretary order or a guardianship to Secretary order; and

        (b)     the order has been in force for more than 12 months and is still in force; and

        (c)     the Court is satisfied that it would not be in the best interests of the child to be returned to the custody of his or her parent; and

        (d)     the Court is satisfied that a permanent care order or similar order made by another court would be in the best interests of the child and that there is no likelihood of re-unification of the child with his or her parent

the Court may—

        (e)     extend the order for a period ending not later than 12 months after the extension is granted; and

        (f)     direct the Secretary to take steps to ensure that at the end of the period of the order a person other than the child's parent applies to a court for an order relating to—

              (i)     the custody of the child; or

              (ii)     the custody and guardianship of the child; or

              (iii)     the custody and joint guardianship of the child.

    (2)     If the Court has given a direction to the Secretary under sub-section (1)(f) in respect of an order, the Secretary cannot apply for an additional extension to that order.



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