Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 78

Extension of interim accommodation order

78. Extension of interim accommodation order



(1) Subject to sub-section (2), at any time while an
interim accommodation order made by the Court is in force an application for
an extension or further extension of the period of the order may be made to
the Court by a protective intervener or a person with whom the child has been
placed in accordance with section 74(1)(c).

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

   (a)  except in the case of an order of a kind referred to in paragraph (e)
        of section 74(1), extend the order for the period (not exceeding 21
        days in the case of an order of a kind referred to in paragraph (c) or
        (d) of section 74(1)) specified in the order if it is satisfied that
        it is in the best interests of the child to do so;





   (b)  in the case of an order of a kind referred to in paragraph (e) of
        section 74(1), extend the order (if it has not previously been
        extended) for one further period not exceeding 21 days if it is
        satisfied that exceptional circumstances exist which justify it in
        doing so-

but may not vary or revoke the order or make a new
interim accommodation order.

(3) The Court may, if in its opinion special circumstances exist which justify
it in doing so, refuse to hear an application under sub-section (1) unless the
applicant has given notice of the application to-

   (a)  the person who applied for the interim accommodation order; and

   (b)  any other party to the proceeding in which that order was made; and

   (c)  any person with whom the child is living-

a reasonable time before the hearing of the application.

(4) If the Court proceeds to hear an application under sub-section (1) without
requiring notice of it to be given as specified in sub-section (3), it must
cause a written copy of any order made by it on the application to be given as
soon as possible to the persons and parties referred to in paragraphs (a), (b)
and (c) of that sub-section.