Children and Young Persons (Reciprocal Arrangements) Act 2000 (Vic)
Children and Young Persons (Reciprocal
Arrangements) Act 2000
Act No. 58/2000
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. New Division 10 inserted in Part 3 2 Division 10—Transfer of Child Protection Orders and Proceedings 3 5. New Schedule 2 substituted 3 6. New section 63A inserted 21
63A. Effect of conduct outside Victoria 21
7. Consequential and other amendments 21 8. Amendment of Victorian Civil and Administrative Tribunal Act 1998 23
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ENDNOTES 25
i
Victoria
No. 58 of 2000
Children and Young Persons
(Reciprocal Arrangements) Act 2000†
[Assented to 8 November 2000]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to provide for the transfer of child protection orders and proceedings between Victoria and another State or a Territory of Australia or between Victoria and New Zealand.
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2. Commencement
(1) Sections 1, 3 and this section come into operation
on the day after the day on which this Act receives
the Royal Assent.
(2) Section 7(4) comes into operation on the day on which section 21(1) of the Children and Young Persons Act 1989 comes into operation.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 2001, it
comes into operation on that day.
3. Principal Act
See:
| Act No. | In this Act, the Children and Young Persons Act |
| 56/1989. | 1989 is called the Principal Act. |
| Reprint No. 6 | |
| as at | |
| 26 June 2000 | |
| and | |
| amending Acts Nos 69/1992 (as | |
| amended by No. 19/1994), 32/2000 and 41/2000. | |
| LawToday: dpc.vic. | |
| gov.au |
4. New Division 10 inserted in Part 3
After Division 9 of Part 3 of the Principal Act insert—
Children and Young Persons (Reciprocal Arrangements) Act
2000
Act No. 58/2000 s. 5 "Division 10—Transfer of Child Protection
Orders and Proceedings
126A. Schedule 2
Schedule 2 sets out provisions relating to the
transfer of child protection orders and
proceedings between Victoria and another
State or a Territory of Australia or betweenVictoria and New Zealand.".
5. New Schedule 2 substituted
For Schedule 2 to the Principal Act substitute—
'SCHEDULE 2
TRANSFER OF CHILD PROTECTION ORDERS AND
PROCEEDINGS
PART 1—INTRODUCTORY
1. Purpose of Schedule
The purpose of this Schedule is to provide for the transfer of child protection orders and proceedings between Victoria and another State or a Territory of Australia or between Victoria and New Zealand—
(a)
so that children who are in need of protection may be protected despite moving from one jurisdiction to another; and
(b)
so as to facilitate the timely and expeditious determination of court proceedings relating to the protection of a child.
2. Definitions
(1) In this Schedule—
"Children's Court"—
(a)
in relation to Victoria, means the Children's Court of Victoria; and
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(b) in relation to a State other than Victoria, means the court with jurisdiction to hear and determine a child protection proceeding at first instance; "child protection order", in relation to a child, means a
final order made under a child welfare law or an
interstate law that gives—
(a) a Minister of the Crown in right of a State; or (b)
a government department or statutory authority; or
(c)
a person who is the head of a government department or statutory authority or otherwise holds an office or position in, or is employed in, a government department or statutory authority; or
(d)
an organisation or the chief executive (by whatever name called) of an organisation—
responsibility in relation to the guardianship, custody
or supervision of the child, however that
responsibility is described;"child protection proceeding" means any proceeding brought in a court under a child welfare law for—
(a)
the making of a finding that a child is in need of protection or any other finding (however described) the making of which is under the child welfare law a prerequisite to the exercise by the court of a power to make a child protection order; or
(b)
the making of a child protection order or an interim order or for the variation or revocation or the extension of the period of such an order;
"child welfare law" means—
(a) Part 3 of this Act; or
(b) a law of another State that, under an Order in force under sub-clause (2), is declared to be a child welfare law for the purposes of this Schedule; or
(c)
a law of another State that substantially corresponds to Part 3 of this Act;
"interim order" means—
Children and Young Persons (Reciprocal Arrangements) Act
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Act No. 58/2000 s. 5 (a) an order made under clause 17; or
(b)
an equivalent order made under an interstate law;
"interstate law" means—
(a)
a law of another State that, under an Order in force under sub-clause (3), is declared to be an interstate law for the purposes of this Schedule; or
(b)
a law of another State that substantially corresponds to this Schedule;
"interstate officer", in relation to a State other than
Victoria, means—
(a) the holder of an office or position that, under an Order in force under sub-clause (4), is declared to be an office or position the holder of which is the interstate officer in relation to that State for the purposes of this Schedule; or (b) the person holding the office or position to which there is given by or under the child welfare law of that State principal responsibility for the protection of children in that State;
"participating State" means a State in which an interstate
law is in force;
"sending State" means the State from which a child
protection order or proceeding is transferred under
this Schedule or an interstate law;
"State" means—
(a) a State or a Territory of Australia; or
(b) New Zealand;
"working day"—
(a)
in relation to a court, means a day on which the offices of the court are open; and
(b)
in relation to the Secretary, means a day on which the principal office of the Department is open.
(2) The Governor in Council, by Order published in the
Government Gazette, may declare a law of a State (other than Victoria) to be a child welfare law for the purposes of
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this Schedule if satisfied that the law substantially
corresponds to Part 3 of this Act.
(3) The Governor in Council, by Order published in the
Government Gazette, may declare a law of a State (other than Victoria) to be an interstate law for the purposes of this Schedule if satisfied that the law substantially corresponds to this Schedule.
(4) The Governor in Council, by Order published in the
Government Gazette, may declare an office or position in a
State (other than Victoria) to be an office or position the
holder of which is the interstate officer in relation to thatState for the purposes of this Schedule.
PART 2—TRANSFER OF CHILD PROTECTION ORDERS
Division 1—Administrative Transfers
3. When Secretary may transfer order
(1) The Secretary may transfer a child protection order (the "home order") to a participating State if—
(a) in his or her opinion a child protection order to the same or a similar effect as the home order could be made under the child welfare law of that State; and (b) the home order is not subject to an appeal to the Supreme Court or the County Court; and (c) the relevant interstate officer has consented in writing to the transfer and to the proposed terms of the child protection order to be transferred (the "proposed interstate order"); and (d) any person whose consent to the transfer is required under clause 4 has so consented; and (e) the child who is the subject of the order has not given written notice of opposition to the decision to transfer the order in accordance with clause 6(3)(b) and the Secretary certifies in writing that he or she made all reasonable efforts to ensure that the child had an opportunity to seek legal advice in relation to the decision.
(2) The Secretary may include in the proposed interstate order
any conditions that could be included in a child protection
order of that type made in the relevant participating State.
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Act No. 58/2000 s. 5 (3) In determining whether a child protection order to the same
or a similar effect as the home order could be made under the child welfare law of a participating State, the Secretary must not take into account the period for which it is possible
to make such an order in that State.
(4) The Secretary must determine, and specify in the proposed interstate order—
(a)
the type of order under the child welfare law of the participating State that the proposed interstate order is to be; and
(b) the period for which it is to remain in force.
(5) The period must be—
(a)
if the same period as that of the home order is possible for the proposed interstate order under the child welfare law of the participating State commencing on, and including, the date of the registration of the interstate order in that State, that period; or
(b)
in any other case, as similar a period as is possible under that law but in no case longer than the period of the home order.
4. Persons whose consent is required
(1) For the purposes of clause 3(1)(d) but subject to sub-clause
(2), if the home order is a custody to Secretary order,
supervision order or a supervised custody order, consent to
a transfer under this Division is required from the child's
parents and any other person who is granted access to the
child under the order.
(2) If a parent of the child or any other person who is granted
access to the child under the order is residing in, or is
intending to reside in, the relevant participating State,
consent to the transfer is not required from that parent or
other person or from any other parent or other person who is
granted access to the child under the order who consents to
the child residing in that State.5. Secretary to have regard to certain matters
In determining whether to transfer a child protection order to a participating State under this Division, the Secretary must have regard to—
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(a) all the matters referred to in section 119 including that decisions must, as far as possible, be made according to the following principles— (i) the welfare and interests of the child must be given paramount importance;
(ii) the child (except if his or her participation would be detrimental to his or her safety or well-being) must be encouraged and (through
consultation and discussion) given adequate
opportunity to participate fully in the decision-
making process and must be given a copy of
any proposed case plan relating to the transfer
and sufficient notice of any meeting proposed
to be held;(iii) the family of the child (except if its or well-being of the child) must be encouraged and (through consultation and discussion) given adequate opportunity to participate fully in the decision-making process and must be given a copy of any proposed case plan relating to the transfer and sufficient notice of any meeting proposed to be held; and
(b) whether the Secretary or an interstate officer is in the better position to exercise powers and responsibilities under a child protection order relating to the child; and
(c)
the fact that it is preferable that a child is subject to a child protection order made under the child welfare law of the State where the child resides; and
(d)
any sentencing order under any Act, other than a fine, in force in respect of the child or any criminal proceeding pending against the child in any court.
6. Notification to child and his or her parents
(1) If the Secretary has decided to transfer a child protection
order to a participating State under this Division, the
Secretary must cause—
(a)
the parent of the child who is the subject of the order; and
(b)
if the child is of or above the age of 7 years, the child—
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Act No. 58/2000 s. 5 to be served with a notice of the decision as soon as
practicable but in any event no later than 3 working daysafter making it.
(2)
A notice under sub-clause (1) served on a parent of the child must, in addition to providing notice of the decision, inform the parent that—
(a) the decision may be reviewed on its merits by the Victorian Civil and Administrative Tribunal or on certain grounds by the Supreme Court; and (b) relevant documents served on the Secretary, within 28
the application for review must be made, and the application to the Victorian Civil and Administrative Tribunal, the later day on which a statement of reasons for the decision is given or refused to be given under the Victorian Civil and Administrative Tribunal Act 1998; and
(c)
a request under section 45(1) of the Victorian Civil and Administrative Tribunal Act 1998 for a written statement of reasons for the decision must be made in writing within 28 days after the date of the decision; and
(d)
the parent may make an application for review and provide details of how such an application may be made.
(3) A notice under sub-clause (1) served on the child must, in
addition to providing notice of the decision, inform the child
that—
(a) the child may seek legal advice in relation to the decision; and (b) the child may oppose the decision by writing, or by a legal practitioner writing on his or her behalf, to the employee nominated in the notice within 28 days after service of the notice and stating the fact that the child opposes the decision; and (c) if notice of opposition is given to the nominated employee in accordance with paragraph (b), the order cannot be transferred by the Secretary under this Division.
(4) The Secretary must make all reasonable efforts to ensure that a child on whom a notice is served under sub-clause (1)
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has an opportunity to seek legal advice in relation to the
decision to transfer the child protection order.
(5) Service of a notice on a person is not required under sub-
clause (1) if it cannot be effected after making all reasonable
efforts.7. Limited period for judicial review of decision
(1)
A proceeding in the Supreme Court for judicial review of a decision of the Secretary to transfer a child protection order to a participating State under this Division must be
(2) Subject to sub-clause (1), a proceeding referred to in that instituted, and written notice of it must be served on the the Secretary. sub-clause must be brought in accordance with the rules of
the Supreme Court.(3) The Supreme Court cannot extend the time limit fixed by sub-clause (1).
(4) The institution of a proceeding referred to in sub-clause (1) and service of written notice of it on the Secretary stays the operation of the decision pending the determination of the
proceeding.
Division 2—Judicial Transfers
8. When Court may make order under this Division
The Court may make an order under this Division transferring a child protection order to a participating State if—
(a)
an application for the making of the order is made by the Secretary; and
(b)
the child protection order is not subject to an appeal to the Supreme Court or the County Court; and
(c)
the relevant interstate officer has consented in writing to the transfer and to the proposed terms of the child protection order to be transferred.
9. Service of application
The Secretary must as soon as possible cause a copy of an application for an order transferring a child protection order to a participating State to be sent by post or given to any person to whom he or she would have been required under
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Act No. 58/2000 s. 5 Part 3 of this Act to send or give a copy of an application made by him or her for the variation of the order sought to be transferred.
10. Type of order
(1) If the Court determines to transfer a child protection order (the "home order") under this Division, the proposed terms of the child protection order to be transferred (the "proposed
interstate order") must be terms that could be the terms of a child protection order made under the child welfare law of the participating State and that the Court believes to be—
(a)
to the same or a similar effect as the terms of the home order; or
(b) otherwise in the best interests of the child.
(2) The Court may include in the proposed interstate order any conditions that could be included in a child protection order of that type made in the relevant participating State.
(3) In determining whether an order to the same or a similar
effect as the home order could be made under the child
welfare law of a participating State, the Court must not take
into account the period for which it is possible to make such
an order in that State.(4) The Court must determine, and specify in the proposed interstate order, the period for which it is to remain in force.
(5) The period must be any period that is possible for a child
protection order of the type of the proposed interstate order
under the child welfare law of the participating State
commencing on, and including, the date of its registration in
that State and that the Court considers to be appropriate.
11. Court to have regard to certain matters
(1) The Court must not make an order under this Division
unless it has received and considered a report by the be included in a disposition report.
(2) In determining what order to make on an application under this Division the Court must have regard to—
(a) the matters referred to in section 87(1); and
(b)
whether the Secretary or an interstate officer is in the better position to exercise powers and responsibilities
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under a child protection order relating to the child;
and
(c)
the fact that it is preferable that a child is subject to a child protection order made under the child welfare law of the State where the child resides; and
(d)
any information given to the Court by the Secretary under clause 12.
(3) Section 51 applies to a report referred to in sub-clause (1) as
if it were a disposition report required under section 48(1).12. Duty of the Secretary to inform the Court of certain matters
If the Secretary is aware that—
(a)
a sentencing order under any Act, other than a fine, is in force in respect of the child who is the subject of an application under this Division; or
(b)
a criminal proceeding is pending against that child in any court—
the Secretary must, as soon as possible, inform the Court of
that fact and of the details of the sentencing order orpending criminal proceeding.
13. Appeals
(1) A party to an application for an order under this Division or
the Attorney-General, if he or she appeared or was
represented in the proceeding under section 82(2), may
appeal to the Supreme Court, on a question of law, from a
final order made in that proceeding transferring, or refusing
to transfer, a child protection order to a participating State.(2) An appeal under sub-clause (1)—
(a)
must be instituted, and (except where instituted by the Secretary) written notice of it must be served on the Secretary, within 10 working days after the day on which the order complained of was made; and
(b)
operates as a stay of an order transferring the child protection order to a participating State.
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Act No. 58/2000 s. 5 (3) Subject to sub-clause (2), an appeal under sub-clause (1)
must be brought in accordance with the rules of the
Supreme Court.
(4) The Supreme Court cannot extend the time limit fixed by sub-clause (2)(a).
(5) The Supreme Court must hear and determine the appeal as expeditiously as possible.
(6) After hearing and determining the appeal, the Supreme
Court may make such order as it thinks appropriate,
including an order remitting the case for re-hearing to the
Court with or without any direction in law.
(7) An order made by the Supreme Court on an appeal under
sub-clause (1), other than an order remitting the case for re-
hearing to the Court, may be enforced as an order of the
Supreme Court.(8) Pending the hearing of the appeal the Supreme Court may—
(a)
make any interim accommodation order that the Children's Court has jurisdiction to make; or
(b)
make any variation of the child protection order that the Children's Court would have jurisdiction to make on an application made under Part 3 of this Act.
(9) Section 118 applies to an appeal under sub-clause (1) as if—
(a)
a reference to section 116 or 117 were a reference to this clause; and
(b) references to the County Court were omitted.
PART 3—TRANSFER OF CHILD PROTECTION
PROCEEDINGS
14. When Court may make order under this Part
(1) The Court may make an order under this Part transferring a
child protection proceeding pending in the Court to the
Children's Court in a participating State if—
(a)
an application for the making of the order is made by the Secretary; and
(b)
the relevant interstate officer has consented in writing to the transfer.
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(2) The proceeding is discontinued in the Court on the
registration in the Children's Court in the participating State in accordance with the interstate law of an order referred to in sub-clause (1).
15. Service of application
The Secretary must as soon as possible cause a copy of an application for an order transferring a child protection proceeding to the Children's Court in a participating State to be served on—
(a)
the child's parent or other person with whom the child is living; and
(b)
if the child is of or above the age of 12 years, the child.
16. Court to have regard to certain matters
(1) In determining whether to make an order transferring a proceeding under this Part the Court must have regard to—
(a) the matters referred to in section 87(1); and
(b) whether any other proceedings relating to the child are pending, or have previously been heard and determined, under the child welfare law in the participating State; and (c) the place where any of the matters giving rise to the proceeding in the Court arose; and (d) the place of residence, or likely place of residence, of the child, his or her parents and any other people who are significant to the child; and (e) whether the Secretary or an interstate officer is in the better position to exercise powers and responsibilities under a child protection order relating to the child; and
(f)
the fact that it is preferable that a child is subject to a child protection order made under the child welfare law of the State where the child resides; and
(g)
any information given to the Court by the Secretary under sub-clause (2).
(2) If the Secretary is aware that—
(a)
a sentencing order under any Act, other than a fine, is in force in respect of the child who is the subject of
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Act No. 58/2000 s. 5 the proceeding to which an application under this
Division relates; or
(b)
a criminal proceeding is pending against that child in any court—
the Secretary must, as soon as possible, inform the Court of
that fact and of the details of the sentencing order orpending criminal proceeding.
17. Interim order
(1) If the Court makes an order transferring a proceeding under this Part, the Court may also make an interim order.
(2) An interim order—
(a) may release the child or place the child into the care considers to be appropriate; and
(b) may give responsibility for the supervision of the child to the interstate officer in the participating State or any other person in that State to whom responsibility for the supervision of a child could be given under the child welfare law of that State; and (c) remains in force for the period (not exceeding 30 days) specified in the order.
(3) The Children's Court in the participating State may revoke an interim order in accordance with the relevant interstate law.
18. Appeals
(1)
A party to an application for an order under this Part or the Attorney-General, if he or she appeared or was represented in the proceeding under section 82(2), may appeal to the
Supreme Court, on a question of law, from a final order made in that proceeding transferring, or refusing to transfer, a child protection proceeding to the Children's Court in a participating State.
(2) An appeal under sub-clause (1)—
(a)
must be instituted, and (except where instituted by the Secretary) written notice of it must be served on the Secretary, within 3 working days after the day on which the order complained of was made; and
(b)
operates as a stay of an order transferring the child protection proceeding to a participating State but not
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of any interim order made at the same time as the
order.(3) Subject to sub-clause (2), an appeal under sub-clause (1)
must be brought in accordance with the rules of the
Supreme Court.
(4) The Supreme Court cannot extend the time limit fixed by sub-clause (2)(a).
(5) The Supreme Court must hear and determine the appeal as expeditiously as possible.
(6) After hearing and determining the appeal, the Supreme
Court may make such order as it thinks appropriate,
including an order remitting the case for re-hearing to the
Court with or without any direction in law.
(7) An order made by the Supreme Court on an appeal under
sub-clause (1), other than an order remitting the case for re-
hearing to the Court, may be enforced as an order of the
Supreme Court.(8) The Supreme Court may—
(a) make an order staying the operation of any interim order made at the same time as the order that is the subject of the appeal or may, by order, vary or revoke, or extend the period of, that interim order; and
(b)
make any interim accommodation order pending the hearing of the appeal that the Children's Court has jurisdiction to make.
(9) Section 118 applies to an appeal under sub-clause (1) as if—
(a) a reference to section 116 or 117 were a reference to this clause; and (b) references to the County Court were omitted. PART 4—REGISTRATION
19. Filing and registration of interstate documents
(1) Subject to sub-clause (3), the Secretary must as soon as
possible file in the Court for registration a copy of a child protection order transferred to Victoria under an interstate law.
(2) Subject to sub-clause (3), the Secretary must as soon as possible file in the Court for registration a copy of an order
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Act No. 58/2000
under an interstate law to transfer a child protection
proceeding to Victoria, together with a copy of any interimorder made in relation to that order.
(3) The Secretary must not file in the Court a copy of a child
protection order or of an order to transfer a child protection
proceeding if—
(a)
the decision or order to transfer the child protection order or the order to transfer the child protection proceeding (as the case requires) is subject to appeal or review or a stay; or
(b)
the time for instituting an appeal or seeking a review has not expired—
under the interstate law.
20. Notification by appropriate registrar
The appropriate registrar must immediately notify the
appropriate officer of the Children's Court in the sendingState and the interstate officer in that State of—
(a)
the registration of any document filed under clause 19; or
(b)
the revocation under clause 22 of the registration of any document so filed.
21. Effect of registration
(1) A child protection order registered in the Court under this
Part must be taken for all purposes (except for the purposes of appeal) to be a protection order of the relevant type made by the Court on the day on which it is registered and it may be varied or revoked, or the period of the order extended, or a breach of it dealt with, under Part 3 of this Act
accordingly.
(2) An interim order registered in the Court under this Part must be taken for all purposes (except for the purposes of appeal) to be an interim accommodation order made by the Court on the day on which it is registered, even if it includes terms that could not be terms of an interim accommodation order. (3) An interim order registered in the Court under this Part
cannot be varied, or the period of the order extended, under clause prevents the Court from making a new interim accommodation order under section 80A (without being
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limited to the circumstances for an application for a new
order set out in that section) and revoking the interim order.
(4) Despite sub-clause (3), a breach of an interim order
registered in the Court under this Part may be dealt with
under Part 3 of this Act in the same way as a breach of anyother interim accommodation order.
(5) If an order under an interstate law to transfer a child
protection proceeding to Victoria is registered under this
Part, the proceeding must be taken to have been commenced
in the Court on the day on which the order is registered.
22. Revocation of registration
(1) An application for the revocation of the registration of any document filed under clause 19 may be made to the Court by—
(a) the Secretary; or
(b) the child concerned; or(c) a parent of the child concerned; or
(d)
a party to the proceeding in the Children's Court in the sending State in which the decision to transfer the order or proceeding (as the case requires) was made.
(2) The appropriate registrar must cause a copy of an
application under sub-clause (1) to be sent by post or given
as soon as possible to—
(a) the relevant interstate officer; and
(b) any person by whom such an application could have been made. (3) The Court may only revoke the registration of a document filed under clause 19 if satisfied that it was inappropriately registered because—
(a)
the decision or order to transfer the child protection order or the order to transfer the child protection proceeding (as the case requires) was at the time of registration subject to appeal or review or a stay; or
(b)
the time for instituting an appeal or seeking a review had not expired—
under the interstate law.
(4) The appropriate registrar must cause any document filed in
the Court under clause 19 to be sent to the Children's Court
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Act No. 58/2000 s. 5 s. 5 in the sending State if the registration of the document is
revoked.
(5) The revocation of the registration of a document does not prevent the later re-registration of that document.
PART 5—MISCELLANEOUS
23. Effect of registration of transferred order
(1) On an order being registered in a participating State under
an interstate law, the child protection order made by the
Court under Part 3 of this Act ceases to have effect.
(2) Despite sub-clause (1), an order that has ceased to have
registration of the child protection order transferred from
effect by force of that sub-clause is revived if the interstate law.
(3)
The period for which a child protection order is revived is the balance of the period for which it would have remained in force but for the registration of the transferred order.
24. Transfer of Court file
The appropriate registrar must cause all documents filed in the Court in connection with a child protection proceeding, and an extract from any part of the register that relates to a child protection proceeding, to be sent to the Children's
Court in a participating State if—
(a)
the child protection order or proceeding is transferred to the participating State; and
(b)
the decision or order to transfer the child protection order or the order to transfer the child protection proceeding (as the case requires) is not subject to appeal or review or a stay; and
(c)
the time for instituting an appeal or seeking a review has expired—
under this Schedule.
25. Hearing and determination of transferred proceeding
In hearing and determining a child protection proceeding transferred to the Court under an interstate law, the Court—
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(a)
is not bound by any finding of fact made in the proceeding in the Children's Court in the sending State before its transfer; and
(b)
may have regard to the transcript of, or any evidence adduced in, the proceeding referred to in paragraph (a).
26. Disclosure of information
(1) Despite anything to the contrary in this Act, the Secretary
may disclose to an interstate officer any information that has
come to his or her notice in the performance of duties or
exercise of powers under this Act if the Secretary considers
that it is necessary to do so to enable the interstate officer to
perform duties or exercise powers under a child welfare law
or an interstate law.
(2) Any information disclosed to the Secretary under a
provision of a child welfare law or an interstate law that
substantially corresponds to sub-clause (1) must be taken for
the purposes of any provision of this Act relating to the
disclosure of information to have been information given
directly to a protective intervener in Victoria instead of to aninterstate officer.
27. Discretion of Secretary to consent to transfer
(1) If, under an interstate law, there is a proposal to transfer a
child protection order to Victoria, the Secretary may consent
or refuse to consent to the transfer and the proposed terms
of the child protection order to be transferred.(2) If, under an interstate law, there is a proposal to transfer a
child protection proceeding to the Children's Court in
Victoria, the Secretary may consent or refuse to consent to
the transfer.
28. Evidence of consent of relevant interstate officer
A document, or a copy of a document, purporting—
(a) to be the written consent of the relevant interstate officer to— (i) the transfer of a child protection order to a participating State and to the proposed terms of the child protection order to be transferred; or
(ii) the transfer of a child protection proceeding pending in the Court to the Children's Court in a participating State; and
Children and Young Persons (Reciprocal Arrangements) Act
2000
s. 6
s. 7
Act No. 58/2000
(b)
to be signed by the relevant interstate officer or his or her delegate—
is admissible in evidence in any proceeding under this proof that consent in the terms appearing in the document was duly given by the relevant interstate officer.'.
6. New section 63A inserted
After section 63 of the Principal Act insert—
"63A. Effect of conduct outside Victoria
For the purposes of this Act it does not matter whether the conduct constituting a ground referred to in section 63 occurred wholly or partly outside Victoria.".
7. Consequential and other amendments
(1) In section 3(1) of the Principal Act—
(a)
in paragraph (b) of the definition of "child", after "protection order" insert ", a child protection order within the meaning of Schedule 2 or an interim order within the meaning of that Schedule"; and
(b)
in the definition of "Children's Court", after "means" insert ", other than in Schedule 2,".
(2) In section 15(1) of the Principal Act, after
paragraph (j) insert—
"; or
(k) an order arising out of a child protection proceeding within the meaning of Schedule 2 transferred to the Court under an interstate law within the meaning of that Schedule.". (3) In section 15(2) of the Principal Act, after "Division by" insert "Schedule 2 or by an interstate law within the meaning of that Schedule
or by".
Children and Young Persons (Reciprocal Arrangements) Act
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| s. 7 | Act No. 58/2000 |
(4) In section 21(1) of the Principal Act, after
paragraph (j) insert—
"(k) application for an order transferring a child
protection order within the meaning of meaning of that Schedule;
(l)
application for an order transferring a child protection proceeding within the meaning of Schedule 2 to the Children's Court in a participating State within the meaning of that Schedule;
(m)
application for the revocation of the registration of a document filed under clause 19 of Schedule 2.".
(5) In section 264(1) of the Principal Act, after
paragraph (b) insert—
"(ba) without lawful authority or excuse, withdraw
a child from the custody or guardianship of
any person who has custody or guardianship
of the child under a permanent care order;or".
(6) In section 264 of the Principal Act insert—
'(2) Sub-section (1) applies whether the conduct
is carried out wholly within or wholly
outside Victoria or partly within and partly
outside Victoria.
(3) A person must not, by any conduct carried
out within Victoria, without lawful authority or excuse withdraw a child from the place in which the child had been placed under a
child protection order, or an interim order,
within the meaning of Schedule 2 excludingan order referred to in sub-section (1)(a).
Penalty: 15 penalty units or imprisonment
for 3 months.
Children and Young Persons (Reciprocal Arrangements) Act
2000
Act No. 58/2000 s. 8 (4) If conduct constitutes an offence under two or more laws, a person who is convicted or found guilty or acquitted of the offence
under a law referred to in paragraph (b) or
(c) of sub-section (5) is not liable to beprosecuted for the offence under this section.
(5) In sub-section (4) "law" means—
(a) this section; or
(b)
a law of another State or a Territory of Australia; or
(c) a law of New Zealand.
(6) A prosecution can only be commenced for an offence under this section after the Secretary has been consulted about the matter.'.
(7) In section 279A of the Principal Act, after sub-
section (4) insert—
"(5) It is the intention of clauses 7, 13 and 18 of
Schedule 2 to alter or vary section 85 of the
Constitution Act 1975.".
(8) Section 286 of the Principal Act is repealed.
8. Amendment of Victorian Civil and Administrative Tribunal Act 1998
Children and Young Persons (Reciprocal Arrangements) Act
2000
Act No. 58/2000
| See: | In Part 3 of Schedule 1 to the Victorian Civil and |
| Act No. | |
| 53/1998 | Administrative Tribunal Act 1998, after clause |
| Reprint No. 1 | 5 insert— |
| as at | |
| 1 July 1999 | "5A. Tribunal cannot alter time limits |
| and | |
| amending | Section 126(1) and (2)(a) do not apply to a proceeding |
| Act Nos | in relation to a decision under Schedule 2 to the |
| 17/1999, | Children and Young Persons Act 1989.". |
| 57/1999, 1/2000, 5/2000 and 35/2000. LawToday: dpc.vic. gov.au |
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Children and Young Persons (Reciprocal Arrangements) Act
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Act No. 58/2000 Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 29 August 2000
Legislative Council: 4 October 2000
The long title for the Bill for this Act was "to amend the Children and
Young Persons Act 1989 so as to provide for the transfer of child
protection orders and proceedings between Victoria and another State or
a Territory of Australia or between Victoria and New Zealand and forother purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 29 August 2000
Legislative Council: 4 October 2000
Absolute majorities:
Legislative Assembly: 3 October 2000
Legislative Council: 1 November 2000
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