Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 312

Breach of protection order—notice to appear

    (1)     If at any time while a protection order to which this Division applies is in force the Secretary is satisfied on reasonable grounds that—

        (a)     there has been a failure to comply with any condition of the order; or

        (b)     in the case of a supervision order, there has been a failure to comply with any direction given by the Secretary under section 282(2); or

        (c)     in the case of a supervised custody order, there has been a failure to comply with any direction given by the Secretary under section 285(2); or

        (d)     the child is living in conditions which are unsatisfactory in terms of the safety and wellbeing of the child

the Secretary may by notice direct—

        (e)     the child to appear; and

        (f)     the relevant person to produce the child

before the Court.

    (2)     A notice under sub-section (1) must be served on the relevant person and, if the child is of or above the age of 12 years, the child in accordance with section 594.

    (3)     In this section "relevant person" means—

        (a)     in the case of a supervision order, the parent of the child;

        (b)     in the case of a supervised custody order, any person who has custody of the child;

        (c)     in the case of an interim protection order, the child's parent or other person with whom the child is living.



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