Victorian Numbered Regulations Victorian Numbered Regulationsr. 27
For Form 36 of the Principal Rules substitute —
" FORM 36
Children, Youth and Families Act 2005
(Sections 237, 241 to 243, 247, 247A, 261, 268 to 270, 291,
313 to 315, 598)
CHILDREN'S COURT SEARCH WARRANT
(EMERGENCY CARE)
Court Ref:
Name or description of child
[ and address if applicable ]
*Male/*Female
Date of birth
AUTHORITY AND DIRECTIONS
To [ name of a member of the police force ] or [ all members of the police force ]
You are authorised to:
break, enter and search any place where the child named or described in this warrant is suspected to be and place in emergency care the child named or described in this warrant;
AND if the warrant is issued under section 237 of the Act,
to bring the child to the Secretary of the Department of Human Services to enable the Secretary to exercise his or her powers under the temporary assessment order.
AND if the warrant is issued under section 241, 243, 261, 291, 313 or 314 of the Act, or is issued under section 268 or 270 of the Act and the child is not the subject of an interim accommodation order made under section 262(1)(c) of the Act,
the Court must hear an application for an interim accommodation order in respect of the child as soon as practicable and, in any event, within one working day after the child is placed in emergency care. Unless the Court hears an application for an interim accommodation order within 24 hours after the child was placed in emergency care, a bail justice must hear an application for an interim accommodation order in respect of the child as soon as possible within that period of 24 hours.
* release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below.
OR if the warrant is issued under section 247 of the Act, or is issued under section 268 or 270 of the Act and the child is the subject of an interim accommodation order made under section 262(1)(c) of the Act, to
bring the child before the Court for the hearing of an application for an interim accommodation order as soon as practicable and, in any event, within one working day after the child was placed in emergency care. Unless the child is brought before the Court within 24 hours after the child was placed in emergency care, he or she must be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of an application for an interim accommodation order.
* release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below.
OR if the warrant is issued under section 269 of the Act, and the child is not the subject of an interim accommodation order made under section 262(1)(c) of the Act,
the Court must hear an application under section 269(7) of the Act as soon as practicable and, in any event, within one working day after the child is placed in emergency care. Unless the Court hears the application within 24 hours after the child was placed in emergency care, a bail justice must hear the application as soon as possible within that period of 24 hours.
* release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below.
OR if the warrant is issued under section 269 of the Act and the child is the subject of an interim accommodation order made under section 262(1)(c) of the Act, to
bring the child before the Court for the hearing of an application under section 269(7) of the Act as soon as practicable and, in any event, within one working day after the child was placed in emergency care. Unless the child is brought before the Court within 24 hours after the child was placed in emergency care, he or she must be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of the application.
* release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below.
OR if the warrant is issued under section 598(1)(a) of the Act, to
bring the child before the Court as soon as practicable and, in any event, within one working day after the child was placed in emergency care.
OR if the warrant is issued under section 598(1)(b) or (c) of the Act,
the member of the police force who executed this warrant or another member of the police force must take the child to the place specified in this warrant or, if no place is specified, to a place determined by the Secretary of the Department of Human Services or, in the absence of a determination, to a place referred to in section 173 of the Act.
Place specified: [ insert details ]
ENDORSEMENTS
*The child may be released on an interim accommodation order, and the further hearing of this matter will be held at the Children's Court at [ venue ] at [ time ] a.m./p.m. on [ date ].
*The child is to appear for the further hearing of this matter at the Children's Court.
Applicant's name:
Agency and address:
Phone:
Issued at:
Date:
*Judge/*Magistrate
* delete if not applicable.
__________________".
Dated: 28 November 2013
PETER COUZENS,
President of the Children's Court of Victoria
GREGORY LEVINE,
Magistrate
KAY MACPHERSON,
Magistrate
r. 27
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