Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 124

Placement of children

124. Placement of children



(1) The Secretary may deal with a child who is in the custody or under the
guardianship of the Secretary under this Act or of whom the Secretary is the
guardian under the Adoption Act 1984 or the Adoption of Children Act 1964 or
in respect of whom the Secretary has authority under the Adoption Act 1984 to
exercise any rights of custody in any of the following ways-

   (a)  place him or her in a community service;

   (b)  place him or her in a secure welfare service for a period not
        exceeding 21 days (and, in exceptional circumstances, for one further
        period not exceeding 21 days) if the Secretary is satisfied that there
        is a substantial and immediate risk of harm to the child;

   (c)  place him or her for adoption under the Adoption Act 1984 if he or she
        is under the guardianship of the Secretary and available for adoption;

   (d)  place him or her in any other suitable situation as circumstances
        require.

(2) In dealing with a child under sub-section (1), the Secretary-

   (a)  must have regard to the welfare of the child as the first and
        paramount consideration; and

   (b)  must make provision for the physical, intellectual, emotional and
        spiritual development of the child in the same way as a good parent
        would; and

   (c)  must have regard to the fact that the child's lack of adequate
        accommodation is not by itself a sufficient reason for placing the
        child in a secure welfare service.