Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 109

Revocation of guardianship to Secretary order

109. Revocation of guardianship to Secretary order



(1) An application for the revocation of a guardianship to Secretary order may
be made to the Court by-

   (a)  the Secretary; or





   (b)  subject to sub-section (2), the child in respect of whom the order is
        made or a parent of the child.









(2) A person referred to in sub-section (1)(b) may only apply to the Court
under that sub-section if-

   (a)  circumstances have changed since the making of the
        guardianship to Secretary order and the person has asked the Secretary
        to review the case plan and the Secretary has either refused to review
        the case plan or has reviewed it in a way which the person finds
        unsatisfactory; or

   (b)  the Secretary makes a notification in accordance with section 106(2)
        in respect of the order.

(3) On an application under sub-section (1) the Court-

   (a)  must revoke the order if it is satisfied that-

   (i)  the Secretary, the child and the child's parent have agreed to the
        revocation; and

   (ii) the revocation of the order is in the best interests of the child; and

   (b)  in any other case, may revoke the order if it is satisfied that it is
        in the best interests of the child to do so-

but may, if satisfied that the grounds for the finding under section 84 still
exist, make an order requiring a person to give an undertaking or a
supervision order in respect of the child.

(4) An order requiring a person to give an undertaking or a supervision order
made under sub-section (3) remains in force for the period stated by the Court
which must be no greater than the period for which the revoked order would
have remained in force had it not been revoked.



Subdivision 8-Interim Protection Orders