Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 318

Decision of Court

    (1)     On the child being brought before the Court under this Division, the Court may make an order under sub-section (2) if satisfied 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 and, in the case of an interim protection order, that an interim accommodation order is not required.

    (2)     The Court may—

        (a)     confirm the protection order as originally made; or

        (b)     vary any of the conditions included in the protection order or add or substitute a condition but must not—

              (i)     extend the period of the order; or

              (ii)     in the case of a supervised custody order, make any change in the custody of the child; or

        (c)     revoke the protection order.

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

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