Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 87

Court to have regard to certain matters

87. Court to have regard to certain matters



(1) In determining what finding or order to make on a protection application
or an irreconcilable difference application the Court, as far as practicable9-

   (aa) must have regard to the need to protect children from harm and to
        protect their rights and to promote their welfare; and

   (a)  must have regard to the need to give the widest possible protection
        and assistance to the family as the fundamental group unit of society
        and, accordingly, must ensure that intervention into family life
        should be to the minimum extent that is necessary to secure the
        protection of the child; and

   (b)  must have regard to the need to strengthen and preserve the
        relationship between the child and the child's family; and

   (c)  must have regard to the desirability of allowing the child to live at
        home; and

   (d)  must have regard to the desirability of allowing the education,
        training or employment of the child to continue without interruption
        or disturbance; and

   (e)  must take into consideration the effect of the finding or order on the
        stability of family relationships and the welfare and interests of the
        child; and

   (f)  must have regard to the need, when the child is removed from his or
        her family, to plan the re-unification of the child with his or her
        family, wherever practicable; and



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   (h)  must ensure that, if there is a conflict between the interests of the
        child and some other person, the welfare and interests of the child
        are the paramount considerations; and

        (i)    must consider any wishes expressed by the child and give those
               wishes such weight as the Court considers appropriate in the
               circumstances; and

   (j)  must ensure that a child is only removed from his or her family if
        there is an unacceptable risk of harm to the child; and

   (k)  must have regard to the suitability of the order in terms of the
        welfare and interests of the child.

(1A) In considering the matters referred to in sub-section (1), the Court must
treat the matters referred to in paragraph (aa) of that sub-section as
paramount considerations.

(2) In determining what finding or order to make on a protection application,
the Court may consider the convenor's report on any pre-hearing conference
held under section 82A10.