Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
Act No. 56/1989
Version incorporating amendments as at 2 January 2007
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Guardianship
5. Custody
6. Aboriginal agency
7. Delegation
PART 2-THE CHILDREN'S COURT OF VICTORIA
Division 1-Establishment
8. Establishment of the Children's Court
9. Where and when Court to be held
10. Magistrate or acting magistrate to be in attendance
11. Assignment of magistrates or acting magistrates
12. President
12A. Acting President
13. Assignment of duties
13A. Delegation by the President
13B. Protection of President
14. Protection of magistrates or acting magistrates
14A. Annual report
Division 2-Jurisdiction
15. Jurisdiction of Family Division
16. Jurisdiction of Criminal Division
16A. Koori Court (Criminal Division)
16B. Jurisdiction of Koori Court (Criminal Division)
16C. Circumstances in which Koori Court (Criminal Division) may deal with certain offences
16D. Sentencing procedure in Koori Court (Criminal Division)
16E. Neighbourhood Justice Division
16F. Places where Neighbourhood Justice Division may sit and act
16G. Jurisdiction of Neighbourhood Justice Division
16H. Transfer of proceedings
16I. Sentencing procedure in Neighbourhood Justice Division
17. Court has exclusive jurisdiction
Division 3-Procedure
18. Procedural guidelines to be followed by Court
19. Proceedings to be heard in open court
20. Legal representation
21. Proceedings in which child is required to be legally represented
22. Interpreter
23. Explanation of and reasons for orders
Division 4-Powers
24. Court to have powers of Magistrates' Court
25. Power to adjourn proceeding
Division 5-Restriction on Publication of Proceedings
26. Restriction on publication of proceedings
Division 6-Court Officers
27. Principal registrar, registrars and deputy registrars
27A. Appointment of Aboriginal elders or respected persons
28. Register
29. Process
30. Powers of registrar
31. Fees
32. Extortion by and impersonation of court officials
33. Protection of registrars
Division 7-Court Services
34. Probation officers
35. Duties of probation officers
36. Children's Court Liaison Office
37. Children's Court Clinic
37A. Pre-hearing conference convenors
Division 8-Reports to the Court
Subdivision 1-General
38. Reports to which Division applies
39. Notification of requirement to submit report
40. Warning to be given to persons being interviewed
41. Attendance at Court of author of report
42. Disputed report
43. Confidentiality of reports
Subdivision 2-Protection Reports
44. Protection reports
45. Secretary to forward report to Court
46. Content of protection report
47. Access to protection report
Subdivision 3-Disposition Reports and Additional Reports
48. Disposition reports
49. Content of disposition report
50. Additional report
51. Access to disposition and additional reports
Subdivision 4-Pre-Sentence Reports
52. Court may order pre-sentence report
53. Who prepares pre-sentence reports?
54. Contents of pre-sentence report
55. Pre-sentence report to be filed with registrar
56. Access to pre-sentence reports
PART 3-PROTECTION OF CHILDREN
Division 1-Services for Children
57. Establishment of community services and secure welfare
services
58. Approval of community services
59. Standard of services to be provided by community services
60. Minister to determine rates
61. Inspection of community services
62. Restrictions on who may provide long-term care of children
Division 2-Children in Need of Protection
63. When is a child in need of protection?
63A. Effect of conduct outside Victoria
64. Notification to protective intervener
65. Minister to be responsible for children in need of protection
66. Investigation by protective intervener
67. Protection of information
68. Action by protective intervener
69. Protective intervener may take child in need of protection into safe custody
70. Making a protection application without taking child into safe custody
Division 3-Irreconcilable Differences
71. Application if there is an irreconcilable difference
72. Conciliation counselling
Division 4-Interim Accommodation Orders
73. Interim accommodation order
74. Conditions of interim accommodation order
75. Duration of interim accommodation order
76. Parent entitled to know child's whereabouts
77. Power of Secretary to transfer child
78. Extension of interim accommodation order
79. Application for variation of interim accommodation order
80. Procedure on breach of interim accommodation order
80A. Application for new interim accommodation order
80B. Appeal against interim accommodation order
Division 5-Procedures in Family Division
81. How proceeding in Family Division commenced
82. Conduct of proceedings in Family Division
82A. Pre-hearing conferences
82B. Confidentiality of pre-hearing conference
83. Power of Family Division to make certain orders by consent in absence of parties
Division 6-Protection Orders
Subdivision 1-General
84. When Court may make order under this Division
85. Types of order
86. Restrictions on the making of protection orders
87. Court to have regard to certain matters
88. Service of applications and orders
Subdivision 2-Undertaking
89. Undertaking
90. Variation or revocation of undertaking
Subdivision 3-Supervision Order
91. Supervision order
92. Supervision order may impose conditions
93. Powers of Secretary under supervision order
94. Variation or revocation of supervision order
95. Breach of supervision order etc.
Subdivision 4-Custody to Third Party Order
96. Custody to third party order
97. Variation or revocation of custody to third party order
Subdivision 5-Supervised Custody Order
98. Supervised custody order
Subdivision 6-Custody to Director-General Order
99. Custody to Secretary order
100. Extension of custody to Secretary order by up to 12 months
101. Extension of custody to Secretary order beyond 2 years
102. Additional extensions of custody to Secretary order
103. Lapsing of custody to Secretary order
104. Variation of custody to Secretary order
105. Revocation of custody to Secretary order
Subdivision 7-Guardianship to Director-General Order
106. Guardianship to Secretary order
107. Extension of guardianship to Secretary order up to 2 years
108. Additional extensions and lapsing of guardianship to Secretary order
109. Revocation of guardianship to Secretary order
Subdivision 8-Interim Protection Orders
110. Interim protection order
110A. Variation or revocation of interim protection order
111. Breach of interim protection order etc.
Division 7-Permanent Care Orders
112. When Court may make permanent care order
113. Restrictions on the making of permanent care orders
114. Lapsing of permanent care order
115. Variation or revocation of permanent care order
Division 7A-Case Stated
115A. Court may reserve question of law for determination by Supreme Court
Division 8-Appeals
116. Appeal to County Court or Supreme Court
117. Appeal to Supreme Court on a question of law
118. Appeals to be heard in open court
Division 9-Powers and Responsibilities of Director-General
119. Principles of case planning
120. Preparation of case plan
121. Internal review
122. Review by Victorian Civil and Administrative Tribunal
123. Powers of Secretary as guardian or custodian
124. Placement of children
125. State Guardianship Fund
126. Interstate movement of children
Division 10-Transfer of Child Protection Orders and Proceedings
126A. Schedule 2.
PART 4-CHILDREN AND THE CRIMINAL LAW
Division 1-Criminal Responsibility of Children
127. Children under 10 years of age
Division 2-Custody and Bail
128. Children to be proceeded against by summons except in exceptional circumstances
129. Child in custody to be brought before Court or bail justice
130. Child in custody to be placed in remand centre
131. Breach of bail
Division 3-Referral for Investigation
132. Referral to Secretary
133. Report to Court
Division 4-Procedure for Indictable Offences Triable Summarily
134. Procedure for indictable offences triable summarily
Division 5-Standard of Proof
135. Proof beyond reasonable doubt
Division 6-Reports and other Matters to be Taken into Account in Considering Sentence
136. Court may only consider certain reports and other matters
136A. Victim impact statements
Division 7-Sentencing Orders
Subdivision 1-General
137. Sentencing orders
138. Sentencing hierarchy
139. Matters to be taken into account
Subdivision 2-Undertaking
140. Non-accountable undertaking
141. Breach of undertaking
Subdivision 3-Accountable Undertaking
142. Accountable undertaking
143. Breach of undertaking
Subdivision 4-Good Behaviour Bond
144. Good behaviour bond
145. Dismissal where bond observed
146. Child required to appear
147. Failure to appear
148. Breach of bond
149. Time for application
Subdivision 5-Fines
150. Fines
151. Financial circumstances of child to be considered
152. Instalment orders
153. Time to pay
154. Application for time to pay, for instalment order or for variation of instalment order
155. Default in payment of fine or instalment
156, 156A. Repealed
157. Reduction of order by payment of portion of fine
Subdivision 6-Probation Orders
158. Court may order probation
159. Conditions of probation orders
159A. Concurrent probation orders
159B. Court may require Secretary to report
160. Breach of probation
160A. Secretary's report
161. Repealed
162. Time for application
Subdivision 7-Youth Supervision Orders
163. Court may impose youth supervision order
163A. Concurrent youth supervision orders
164. Youth supervision orders
164A. Suspension of youth supervision order
164B. Court may require Secretary to report
165. Breach of youth supervision order
166. Penalties for breach
167. Matters to be taken into account
168. Time for application
Subdivision 8-Youth Attendance Orders
169. Definitions
170. Youth attendance order
171. Restrictions on power to make youth attendance order
172. Sentencing court to impose requirements
173. Repealed
174. Concurrent orders
175. Copy of order to be given
176. Repealed
177. Reporting
178. Suspension of youth attendance order
179. Court may require Secretary to report
180. Repealed
181. Objects of youth attendance project
182. Person subject to control etc. of manager or responsible
officer
183. Community service
184. Breach of youth attendance order
185. Application for variation or revocation of order
Subdivision 9-Youth Residential Centre Orders
186. Court may make youth residential centre order
187. Youth residential centre orders
Subdivision 10-Youth Training Centre Orders
188. Court may make youth training centre order
189. Youth training centre orders
Subdivision 11-Deferral of Sentencing
190. Deferral of sentencing
Subdivision 12-Orders in Addition to Sentence
191. Orders in addition to sentence
192. Enforcement of orders in addition to sentence
Subdivision 13-General
193. Provisions applicable to warrants
194. Bail
195. Variation or revocation of order
196. Suspension of order
196A. Proceedings for breach of sentencing order
Division 7A-Case Stated
196B. Court may reserve question of law for determination by Supreme Court
Division 8-Appeals to County Court and Supreme Court
197. Appeal to County Court or Supreme Court
198. County Court or the Supreme Court may reserve question of law for Full Court
199. Appeals to Full Court from County Court or Supreme Court
200. Appeal to Supreme Court on a question of law
201. Appeal by child under 15 years
202. Parent may enter into bail
203. Appeals to be heard in open court
Division 9-Parole
Subdivision 1-Youth Residential Board
204. Establishment of Youth Residential Board
205. Terms and conditions of office
206. Alternate members
207. Meetings of the Youth Residential Board
208. Validity of acts or decisions of the Youth Residential Board
209. Secretary or member may act on behalf of Youth Residential Board
210. Evidentiary provisions
211. Powers etc. of Youth Residential Board
212. Powers to take evidence etc.
213. Saving of members of Youth Residential Board from liability
214. Reports by Youth Residential Board
Subdivision 2-Youth Parole Board
215. Establishment of Youth Parole Board
216. Terms and conditions of office
217. Alternate members
218. Meetings of the Youth Parole Board
219. Validity of acts or decisions of the Youth Parole Board
220. Secretary or member may act on behalf of Youth Parole Board
221. Evidentiary provisions
222. Powers etc. of Youth Parole Board
223. Powers to take evidence etc.
224. Saving of members of Youth Parole Board from liability
225. Reports by Youth Parole Board
Subdivision 3-Youth Parole Officers
226. Youth parole officers
Subdivision 4-Release on Parole from Youth Residential Centre
227. Release on parole from youth residential centre
228. Person still under sentence until end of parole period
229. Cancellation of parole
230. Youth Residential Board may release on parole more than
once
Subdivision 5-Release on Parole from Youth Training Centre
231. Release on parole from youth training centre
232. Person still under sentence until end of parole period
233. Cancellation of parole
234. Youth Parole Board may release on parole more than once
Division 10-Transfers etc.
Subdivision 1-Jurisdiction over Detainees
235. Persons detained in youth residential centre subject to Youth Residential Board
236. Persons detained in youth training centre subject to Youth Parole Board
Subdivision 2-Transfer from Youth Residential Centre to Youth Training Centre
237. Power of Youth Residential Board to transfer person to a youth training centre
238. Restriction on transfer of under 14 year olds
239. Transfer to youth training centre
Subdivision 3-Transfer from Youth Training Centre to Prison
240. Power of Youth Parole Board to transfer person to prison
241. Detainee may request transfer to prison
242. Transfer to prison
Subdivision 4-Transfer from Youth Training Centre to Youth Residential Centre
243. Persons in youth training centre may be transferred to youth residential centre
Subdivision 5-Transfers to and from Prison
244. Persons in prison may be transferred to youth training
centre
244A. Person in prison may be transferred to youth residential
centre
244B. Person transferred from prison to YTC or YRC may be transferred back to prison
Subdivision 6-General
245. Person in youth residential centre sentenced to detention in youth training centre or imprisonment
246. Person in youth training centre sentenced to imprisonment
247. Person in youth training centre sentenced to detention in youth residential centre
248. Person in prison sentenced to detention in youth training centre
Division 11-Establishment of Corrective Services for Children
249. Governor in Council may establish corrective services
250. Approval of service as youth supervision unit
251. Standard of services
252. Form of care, custody or treatment
Division 12-Persons in Detention
253. Legal custody and fingerprinting
254. Repealed
255. Removal of person from remand centre etc.
256. Temporary leave from legal custody
256A. Search
256B. Prohibited actions
256C. Isolation
256D. Definitions
256E. Visitors required to comply with orders
256F. Visitors to give prescribed information
256G. Officer in charge may refuse or terminate visits for security reasons
256H. Search of visitors
256I. Search requirements
256J. Seizure
257. Detention in default of payment of a fine
258. Bringing of person before court or inquest
259. Power of police to arrest person in youth training centre
260. Interstate transfer of young offenders
Division 12A-Change of Name Applications by Detainees
260AA. Application
260AB. Definitions
260AC. Applications for change of name by or on behalf of a
detainee
260AD. Approval by Secretary
260AE. Approval to be notified in writing
260AF. Registration of name change
260AG. Registrar may correct Register
Division 13-Children and Young Persons Infringement Notice System
260A. CAYPINS procedure
260B. Certain agencies may give information for enforcement purposes
PART 5-MISCELLANEOUS
Division 1-Offences Relating to the Protection of Children
261. Offence to fail to protect child from harm
262. Offence to leave child unattended
263. Offence to harbour or conceal child
264. Offence to counsel or induce child to be absent without lawful authority etc.
265. Circumstances in which child may be taken into safe custody
266. Offences in relation to community service etc.
Division 2-Offences Relating to Detained Persons
267. Offence to escape or attempt to escape etc.
268. Offence to harbour or conceal person
269. Offence to counsel or induce person to escape
270. Offences in relation to persons held in centres
Division 3-Director-General: Miscellaneous
271. Powers of Secretary in relation to medical services and operations
272. Offence to obstruct Secretary or officer
Division 4-Court: Miscellaneous
273. Witness who has previously appeared in Children's Court
274. Defendant or other person who has previously appeared in Children's Court
275. Transfer of proceedings from Magistrates' Court to Children's Court
276. Supreme Court or County Court may exercise sentencing powers of Children's Court
277. Service of documents
278. Proof of service
279. Notice required to be filed if child is taken into safe custody or apprehended without warrant
279A. Supreme Court-limitation of jurisdiction
Division 5-Regulations
280. Regulations
Division 5A-Rules
280A. Rules
280B. Rules of court
280BA. Rules of court-Koori Court (Criminal Division)
280BB. Rules of court-Neighbourhood Justice Division
280C. Disallowance
280D. Practice notes
PART 6-REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONALS
281-286. Repealed
287. Savings and transitionals
288. Repealed
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SCHEDULE 1-Interstate Transfer of Young Offenders
SCHEDULE 2-Transfer of Child Protection Orders and Proceedings
SCHEDULE 2A-Children and Young Persons Infringement Notice System
SCHEDULE 3-Savings and Transitionals
SCHEDULE 4-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details