Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 18

Procedural guidelines to be followed by Court

18. Procedural guidelines to be followed by Court



(1) As far as practicable the Court must in any proceeding-

   (a)  take steps to ensure that the proceeding is comprehensible to-

   (i)  the child; and

   (ii) the child's parents; and

   (iii) all other parties who have a direct interest in the proceeding; and

   (b)  seek to satisfy itself that the child understands the nature and
        implications of the proceeding and of any order made in the
        proceeding; and

   (c)  allow-

   (i)  the child; and

   (ii) in the case of a proceeding in the Family Division, the child's
        parents and all other parties who have a direct interest in the
        proceeding-

to participate fully in the proceeding; and

   (d)  consider any wishes expressed by the child; and

   (e)  respect the cultural identity and needs of-

   (i)  the child; and

   (ii) the child's parents and other members of the child's family; and

   (f)  minimise the stigma to the child and his or her family.

(2) If at any time there are proceedings in both Divisions of the Court
relating to the same child, the Court must, unless it otherwise orders, hear
and determine the proceeding in the Family Division first.

(3) If the Court makes an order under sub-section (2), it must state orally
the reasons for the order.

(4) An order made by the Court in a proceeding is not invalidated by, nor
liable to be challenged, appealed against, reviewed, quashed or called in
question in any court on account of the failure of the Court to comply with
sub-section (3) in the proceeding.