Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 326

Variation or revocation of permanent care order

    (1)     An application for a variation of a permanent care order or for the revocation (in whole or in part) of a permanent care order may be made to the Court by—

        (a)     the child in respect of whom the order is made; or

        (b)     a parent of the child; or

        (c)     a person granted custody and guardianship of the child under the order; or

        (d)     the Secretary.

    (2)     The applicant 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 granted in the custody and guardianship of the child under the order; and

        (d)     the Secretary; and

        (e)     such other persons as the Court directs.

    (3)     A notice under sub-section (2) 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.



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