Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 132

Referral to Secretary

132. Referral to Secretary



(1) If-

   (a)  a child appears as a defendant in a criminal proceeding in the Court;
        and

   (b)  the Court considers that there is prima facie evidence that grounds
        exist for the making of a protection application in respect of the
        child-

the Court may refer the protective matter to the Secretary for investigation.

(2) If a matter is referred to the Secretary under this section, the Secretary
must enquire into the matter and provide, within 21 days of the referral, a
report on the matter to the Court.



(3) A report provided under sub-section (2) must-

   (a)  confirm that the Secretary has enquired into the matter referred; and



   (b)  advise that-

   (i)  a protection application has been made by the Secretary; or

   (ii) the Secretary is satisfied that no protection application is required.