Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 321

    (1)     A permanent care order—

        (a)     subject to paragraph (b), grants custody and guardianship of the child to the person or persons named in the order (not being the child's parent or the Secretary) to the exclusion of all other persons; and

        (b)     may vest guardianship of the child jointly in the person or persons named in the order and the child's parent if the Court is satisfied that—

              (i)     the Secretary, the child and the persons to be named in the order as guardians have agreed on the terms of the order; and

              (ii)     special circumstances exist which justify the making of such an order; and

        (c)     may continue in force after the child attains the age of 17 years but ceases to be in force—

              (i)     when the child attains the age of 18 years; or

              (ii)     when the child marries—

        whichever happens first; and

        (d)     must include conditions that the Court considers to be in the best interests of the child concerning access by the child's parent; and

        (e)     may include conditions that the Court considers to be in the best interests of the child concerning access by the child's siblings and other persons significant to the child; and

        (f)     in the case of an Aboriginal child, may include a condition incorporating a cultural plan for the child.

    (2)     On the making of a permanent care order any protection order then in force in respect of the child ceases to be in force.