Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 310

Court may make further orders on revocation

    (1)     If the Court revokes a supervised custody order or custody to third party order under section 304, it may, if satisfied that the grounds for the finding under section 274 still exist, make any other protection order in respect of the child.

    (2)     If the Court revokes an interim protection order under section 304, it may, if satisfied that the grounds for the finding under section 274 still exist, make a further protection order in respect of the child but must not make another interim protection order.

    (3)     If the Court revokes a custody to Secretary order under section 308, it may, if satisfied that the grounds for the finding under section 274 still exist, make—

        (a)     an order requiring a person to give an undertaking under this Part; or

        (b)     a supervision order in respect of the child; or

        (c)     if the Court is satisfied that the changed circumstances justify it in doing so, a guardianship to Secretary order or long-term guardianship to Secretary order in respect of the child.

    (4)     If the Court revokes an order under section 308(a), the Court may only make an order under sub-section (3)(c) if the application for revocation was made by the Secretary.

    (5)     If the Court revokes a guardianship to Secretary order, it may, if satisfied that the grounds for the finding under section 274 still exist, make—

        (a)     an order requiring a person to give an undertaking under this Part; or

        (b)     a supervision order in respect of the child.

    (6)     If the Court revokes a long-term guardianship to Secretary order, it may, if satisfied that the grounds for the finding under section 274 still exist, make—

        (a)     an order requiring a person to give an undertaking under this Part; or

        (b)     a supervision order in respect of the child; or

        (c)     a guardianship to Secretary order.

    (7)     If the Court makes a guardianship to Secretary order under sub-section (6), it must make the order as if the application under sub-section (1) were an application for an extension or further extension of a guardianship to Secretary order, as the case requires, taking into account the cumulative period that the child has been the subject of a guardianship to Secretary order and a long-term guardianship to Secretary order.



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