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 320

Application for permanent care order

    (1)     An application for a permanent care order may be made by the Secretary in relation to a person who is, or persons who are, approved by the Secretary as suitable to have custody and guardianship of the child.

    (2)     With the leave of the Court, the person or persons named in the application as suitable to have custody and guardianship of the child may appear, and be legally represented at, the hearing of the application and may call and examine or cross-examine witnesses and make submissions.

    (3)     The person or persons referred to in sub-section (2) must be taken to be a party to a proceeding in the Court for the purposes of section 522, 523, 526 or 527.

    (4)     The Secretary must cause notice of the application to be served on—

        (a)     the child who is the subject of the application; and

        (b)     the parent of the child; and

        (c)     the person or persons named in the application as suitable to have custody and guardianship of the child; and

        (d)     such other persons as the Court directs.

    (5)     A notice under sub-section (4) must—

        (a)     be issued out of the Court by the appropriate registrar; and

        (b)     set out the grounds on which the applicant has made the application; and

        (c)     be served on a person

              (i)     by posting, not less than 14 days before the hearing date stated in the notice, a true copy of the notice addressed to the person at the last known place of residence or business of the person; or

              (ii)     by delivering, not less than 5 days before the hearing date stated in the notice, a true copy of the notice to the person; or

              (iii)     by leaving, not less than 5 days before the hearing date stated in the notice, a true copy of the notice for the person at the last known place of residence or business of the person with a person who apparently resides or works there and who apparently is not less than 16 years of age.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback