Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 306

Application for revocation of long-term guardianship to Secretary order

    (1)     An application for the revocation of a long-term guardianship to Secretary order may be made to the Court by—

        (a)     the Secretary; or

        (b)     subject to sub-section (3), the child in respect of whom the order is made or a parent of the child.

    (2)     The Secretary must apply to the Court under sub-section (1) if the Secretary has become aware that—

        (a)     the child or the person or persons with whom the child is to live under the order has withdrawn his or her consent to the continuation of the order; or

        (b)     the relationship between the child and the person or persons with whom the child is to live under the order has irretrievably broken down; or

        (c)     the child has not lived with the person or persons with whom the child is to live under the order for a period of 3 months and it seems unlikely that the child will be able to return to live with that person or those persons in the foreseeable future.

    (3)     If a long-term guardianship to Secretary order has been in force for more than 12 months, a parent of the child may only apply to the Court under sub-section (1) with the leave of the Court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback