Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 80A

Application for new interim accommodation order

80A. Application for new interim accommodation order



(1) If an interim accommodation order is in force in respect of a child, the
child or a parent of the child may apply to the Court for a new
interim accommodation order if-

   (a)  the applicant was not legally represented at the hearing of the
        application for the order; or

   (b)  new facts or circumstances have arisen since the making of the order.

(2) If the Court makes an interim accommodation order in respect of a child, a
protective intervener (whether or not the order is still in force) or (if the
order is still in force) a person with whom the child has been placed in
accordance with section 74(1)(c) may apply to the Court for a new
interim accommodation order if-

   (a)  new facts or circumstances have arisen since the making of the order;
        or

   (b)  in the case of an application by a protective intervener, the
        protective intervener is satisfied on reasonable grounds that the
        child is living in conditions which are unsatisfactory in terms of the
        safety and well-being of the child.

(3) On an application under sub-section (2) by a protective intervener, he or
she may by notice direct-

   (a)  the child to appear; and

   (b)  the parent or other person with whom the child is living to produce
        the child-

before the Court.

(4) A notice under sub-section (3) must be served on the child's parent or
other person with whom the child is living and, if the child is of or above
the age of 12 years, the child a reasonable time before the commencement of
the hearing under this section.

(5) If a notice under sub-section (3) is served in accordance with sub-section
(4) and the child does not appear before the Court at the time stated in the
notice, a protective intervener may, without a warrant, take the child into
safe custody or the Court may, if satisfied that the notice has come to the
attention of the child's parent or other person with whom the child is living
or, if the child is of or above the age of 12 years, the child and, if
practicable, the child's parent or other person with whom the child is living,
issue a search warrant for the purpose of having the child taken into
safe custody.



(6) If on an application under sub-section (2) by a protective intervener in
the circumstances set out in paragraph (b) of that sub-section, the
protective intervener is satisfied that there is good reason not to proceed as
specified in sub-section (3) or that service of a notice under sub-section (3)
cannot be carried out, he or she may, without a warrant, take the child into
safe custody or apply to a magistrate or, despite anything to the contrary in
the Magistrates' Court Act 1989, to an authorised bail justice for the issue
of a search warrant.

(7) A child taken into safe custody under sub-section (6) must be brought
before the Court or a bail justice as soon as possible after being taken into
safe custody and in any event within 24 hours after that event.

(8) On the child appearing or being brought before the Court or a bail justice
under this section, the Court or bail justice may make a new
interim accommodation order.

(9) Nothing in this section limits the power of the Court to make another
interim accommodation order where the existing order was made by a
bail justice or was made by the Court on an adjournment of a proceeding.