Children, Youth and Families Act 2005 (Vic)

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Version No. 143

Children, Youth and Families Act 2005

No. 96 of 2005

Version incorporating amendments as at


30 September 2025

TABLE OF PROVISIONS

Section  Page

Chapter 1—Preliminary

Part 1.1—Introduction

1Purposes

2Commencement

3Definitions

3AMeaning of terrorism record

3BMeaning of terrorism risk information

6Aboriginal agency

7References to Parts

Part 1.1A—Statement of Recognition

7AAStatement of acknowledgement

7AStatement of Recognition

7BAcknowledgement of treaty process

7CEffect of this Part

7DNo effect on entitlement to compensation or creation of entitlement to compensation

Part 1.1B—Recognition principles

7ERecognition principles

7FCourts to have regard to and apply recognition principles

7GSecretary and community service providers to have regard to and give effect to recognition principles

7HRole of recognition principles

Part 1.2—Principles

Division 1—Decision makers to have regard to principles

8Decision makers to have regard to principles

9Role of principles

Division 2—Best interests principles

10Best interests principles

Division 3—Decision-making principles

11Decision-making principles

Division 4—Additional decision-making principles for Aboriginal children

12Additional decision-making principles

13Aboriginal Child Placement Principle

14Further principles for Aboriginal children

Chapter 2—Administration

15Functions and powers of the Secretary

16Responsibilities of the Secretary

16APower of the Secretary to enter into contracts

16BPowers of the Secretary in relation to land

16CCommittee of management

16DRecord of dealings

16ESecretary's powers in relation to intellectual property

17Delegation

18Secretary may authorise principal officer of Aboriginal agency to act

18AAARevocation of authorisation under section 18(1)

18AABPrincipal officer to notify Secretary if principal officer considers authorisation no longer in best interests

18APowers and functions of acting principal officer

18BDelegation by principal officer of Aboriginal agency

18CDisclosure of information by Secretary to principal officer of Aboriginal agency

18DUse of information disclosed to Aboriginal agency and principal officer

19Secretary may authorise person in charge of community service to act

19AInformation use and disclosure for purposes of authorised functions and powers

20ADisclosure of information for administrative purposes

20BReport by Secretary

Chapter 3—Child and family services

Part 3.1—Support for community-based services and families

21Object of Part

22Purposes of community-based child and family services

23Power of Secretary to provide funds

24Family assistance grants

25Authority to use Crown property

26Agreements relating to use of Crown property

Part 3.2—Concern about wellbeing of child

27Object of Part

28Report to Secretary about child

29Report to Secretary about unborn child

30Response by Secretary to report

31Referral to community-based child and family service about child

32Referral to community-based child and family service about unborn child

33Response by community-based child and family service to referral

34Is the report about a child in need of protection?

38Consultation with Secretary

39Records of disclosures

40Reporters and referrers protected

41Identity of reporter or referrer confidential

42Review by Victorian Civil and Administrative Tribunal

Part 3.2A—Disclosure of information about child's contact with registrable offender

42AInterpretation

42BSecretaries may disclose information relating to registrable offenders

42CChief Commissioner of Police and Secretary may disclose information relating to registrable offenders

42DDisclosure of certain information relating to registrable offender in certain circumstances

42EInformation obtained in certain circumstances not to be disclosed without authority

Part 3.3—Community services

Division 1—Object of Part

43Object of Part

Division 2—Departmental services

44Departmental community services and secure welfare services

Division 7—Information privacy and community services

72Community services

Division 8—Secure welfare services—security measures

72ADefinitions

72BSearch on entering or leaving a secure welfare service

72CSecretary may order search

72DUnclothed search of child resident

72EManner of conducting frisk search or unclothed search

72FManner of conducting any search under this Division

72GConsequences of refusal to submit to search

72HSeizure

72ISeizure register

72JCertain seized items to be handed to police

72KManner of dealing with seized things that may be used in a legal proceeding

72LManner of dealing with seized money

72MManner of dealing with other seized articles or things

72NDisposal

72OProhibition of use of seclusion as punishment

72PSeclusion in secure welfare service

Part 3.5—Child care agreements

Division 1—Introduction

133Object

134Definitions

Division 2—Short-term child care agreements

135Short-term child care agreements

136Return of child to parent who has custody

137Extension of agreement

138Maximum period for care under agreement

139Review of agreement

140Agreement may be made with minor

141Termination of agreement

142Return of child to parent at end of agreement

143Rates of payment under agreement

Division 3—Long-term child care agreements

144Children who may be the subject of a long-term child care agreement

145Long-term child care agreements

146When will the Secretary approve an agreement?

147Who may have the care of the child under an agreement?

148Who is a suitable person?

149What must an agreement include?

150Maximum period of care under agreement

151Return of child at request of parent with custody

152Review of agreement

153Agreement may be with minor

154Termination of agreement

155Return of child at end of agreement

156Rates of payment under agreement

Division 4—Review of decision-making and reports

157Review by Secretary

158Review by Victorian Civil and Administrative Tribunal

159Report by service providers

160Report by Secretary

Part 3.6—Restrictions on long-term care of children

161Restrictions on who may provide long-term care of children

Part 3.7—Management of children in out of home care

161ADefinitions

161BProhibited actions

Chapter 4—Children in need of protection

Part 4.1—Children in need of protection

162When is a child in need of protection?

163Effect of conduct outside Victoria

Part 4.2—Responsibilities of Minister

164Responsibilities of Minister

Part 4.3—Responsibilities of Secretary

Division 1—Case planning

166What is a case plan?

167Permanency objective

168Preparation of case plan

169Review of case plan

Division 1A—Therapeutic treatment planning

169AWhat is a therapeutic treatment plan?

169BPreparation of therapeutic treatment plan

169CReview of therapeutic treatment plan

Division 2—Responsibilities of Secretary for a child for whom Secretary has parental responsibility

172Powers of Secretary when Secretary has parental responsibility

173Placement of children

174Secretary's duties in placing child

175Support for child moving from secure welfare service

175ASecretary may specify certain issues

175BAuthorisation of carer to make certain decisions

175CWhen Secretary must consult with parent of child

176Cultural support for Aboriginal child

177State Guardianship Fund

Division 3—Responsibility to provide information

178Responsibility of Secretary to provide information to parents

179Responsibility of Secretary or out of home care service providers to provide information to carers

180Confidentiality

Part 4.4—Reporting

Division 1—Introduction

181Who is a protective intervener?

182Who is a mandatory reporter?

Division 2—Report to protective intervener

183Report to protective intervener

184Mandatory reporting

185Report on child in need of therapeutic treatment

186Grounds for belief

187Determination by Secretary about report

188Record of report

Division 3—Protection of reporters

189Reporters protected

190Evidence and legal proceedings

191Confidentiality

Part 4.5—Disclosure of information

Division 1—Voluntary disclosure of information

192Disclosure and use of information under this Act

193Disclosure of information in course of consultation by a community-based child and family service provider

Division 2—Compulsory disclosure of information

194Who is an authorised officer?

195Secretary may authorise direction to disclose

196Authorised officer may require disclosure of information

197Refusal or failure to comply with requirement

198Protection against self-incrimination

199Legal professional privilege and client legal privilege

200Medical professional privilege does not apply

201Offence to give false or misleading information

202Exclusion of evidence of disclosed information

Part 4.6—Investigation

Division 1—Investigation of protective intervention report

204Directions for protective interveners

205Investigation by protective intervener

206Record of investigation

207Provision of protection report to police

208Protection of givers of information

209Confidentiality

Division 2—Investigation of therapeutic treatment report

210Investigation by Secretary

211Record of investigation

212Protection of givers of information

213Confidentiality

Part 4.7—Procedure in Family Division

Division 1—General

214How proceeding in Family Division commenced

215Conduct of proceedings in Family Division

215AStandard of proof

215BManagement of child protection proceedings

216Power of Family Division to make certain orders by consent in absence of parties

216AChild not required to attend Court in Family Division

Division 2—Conciliation conferences

217Referral of application to conciliation conference

218What is a conciliation conference?

220Guidelines for conciliation conferences

221Time and place of conciliation conference

222Who is to attend a conciliation conference?

223Report to Court by convenor

224Court to consider report of convenor

225Immunity of participants

226Confidentiality of conciliation conferences

227Conciliation convenors

Part 4.8—Protective intervention

Division 1—Temporary assessment orders

228Application for temporary assessment order by notice

229Application for temporary assessment order without notice

230Matters to be considered by Court

231Temporary assessment order

232What may a temporary assessment order provide for?

233Child not to be medically examined in certain cases

234Protection of privileges

235Application for variation or revocation of order made in absence of child

236Duration of temporary assessment order

237Secretary may apply for warrant

238Report to Court by Secretary

239Appeal against temporary assessment order

Division 2—Action by protective intervener

240Action by protective intervener

241Protective intervener may place child in need of protection in emergency care

242Actions on placing child in emergency care

243Making a protection application without placing child in emergency care

Division 3—Child in need of therapeutic treatment

Subdivision 1—When is a child in need of therapeutic treatment?

244When is a child in need of therapeutic treatment?

245Referral to Therapeutic Treatment Board for advice

Subdivision 2—Therapeutic treatment orders

246Secretary may apply for therapeutic treatment order

247Issue of search warrant if child does not appear

247AActions on placing child in emergency care—therapeutic treatment application

248When Court may make order under this Division

249Therapeutic treatment order

250Duration of order

251Statements by child not admissible in criminal proceedings

Subdivision 3—Therapeutic treatment (placement) orders

252When can a therapeutic treatment (placement) order be made?

253Therapeutic treatment (placement) order

254Duration of order

Subdivision 4—Extension of orders

255Application for extension of order

256Extension of order

Subdivision 5—Variation and revocation of orders

257Variation of order

258Revocation of order

Division 4—Irreconcilable differences

259Application if there is an irreconcilable difference

260Conciliation counselling

261Proceeding on application if party does not appear

Division 5—Interim accommodation orders

262Interim accommodation order

263Conditions of interim accommodation order

264Duration of interim accommodation order

265Parent entitled to know child's whereabouts

266Power of Secretary to transfer child

267Extension of interim accommodation order

268Application for variation of interim accommodation order

269Procedure on breach of interim accommodation order

270Application for new interim accommodation order

271Appeal against interim accommodation order

Division 6—Undertakings

272Order requiring undertaking

273Variation or revocation of undertaking

Part 4.9—Protection orders

Division 1—General

274When Court may make order under this Part

275Types of protection order

276Restrictions on the making of protection orders

276ACourt to have regard to certain matters

277Service of applications

Division 2—Undertaking

278Undertaking—protection order

279Variation or revocation of undertaking

Division 3—Family preservation order

280Family preservation order

281Family preservation order may impose conditions

282Powers of Secretary under family preservation order

Division 6—Family reunification order

287Family reunification order

287ADetermining the period of a family reunification order

288Lapsing of family reunification order

288AChange to nature of order

Division 7—Care by Secretary order

289Care by Secretary order

289AChange to nature of order

Division 8—Long-term care order

290Long-term care order

Division 10—Extension of protection orders

293Application for extension of protection order

294Extension of order

294ARestrictions on the extension of protection orders

296Duration of extension

298Review of extended orders

Division 11—Variation of protection orders

299Application of Division

300Application for variation of order

300ASecretary may apply for variation of order without notice

301Decision of Court on application for variation

302Interim variation of family reunification order

Division 12—Revocation of protection orders

303Application of Division

304Application for revocation of order—general

305Application for revocation of care by Secretary order

306Application for revocation of long-term care order

307Decision of Court on application for revocation

308Revocation of family reunification order or care by Secretary order

309Revocation of long-term care order

310Court may make further orders on revocation

Division 13—Breach of protection order

311Application of Division

312Breach of protection order—notice of application

313Placing child in emergency care when notice is served

314Placing child in emergency care without notice

315Requirements when placing child in emergency care

316Order to continue

318Decision of Court

Part 4.10—Permanent care orders

319When Court may make permanent care order

320Application for permanent care order

321Permanent care order

322Restrictions on the making of permanent care orders

323Restrictions on the making of permanent care order in respect of an Aboriginal child

324Lapsing of permanent care order

325Disputes between persons jointly granted parental responsibility

325AChange to nature of order

326Variation or revocation of permanent care order

327Decision on application for variation or revocation

Part 4.11—Appeals and reviews

Division 1—Appeals

329Appeal to Supreme Court on a question of law

330Appeals to be heard in open court

Division 2—Reviews

331Internal review

332Internal review—decision of principal officer of Aboriginal agency

333Review by Victorian Civil and Administrative Tribunal

Part 4.12—Interstate movement of children and transfers

Division 1—Interstate movement of children

334Definition

335Interstate movement of children

336Financial or other arrangements

337Transfer agreements

Division 2—Transfer of child protection orders and proceedings

338Transfer of child protection orders and proceedings

Part 4.13—Therapeutic Treatment Board

339Establishment of Therapeutic Treatment Board

340Constitution of Board

341Functions of Board

342Committees

343Procedure of the Board

Chapter 5—Children and the criminal law

Part 5.1A—Commencement of proceedings

344ATime limits for filing a charge-sheet

344BApplication for extension of time for commencement of proceeding

344CExtension of time

344DRehearing

Part 5.2—Procedures and standard of proof

Division 1—Custody and bail

345Children to be proceeded against by summons

346Child in custody to be brought before Court or bail justice

347Child in custody to be placed in remand centre

347AChild may be temporarily held in police gaol to facilitate transport to and from court and youth justice facilities

347BStatements by child participating in treatment or rehabilitation program not admissible in proceedings

347CRisk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced

Division 2—Referral for investigation

349Referral to Secretary

350Report of investigation

351Report on outcome of application

352Court must adjourn in case of therapeutic treatment order

352AReport to Criminal Division on child's progress under therapeutic treatment order

353Report to Criminal Division on outcome of therapeutic treatment order

354Hearing of adjourned case

354APowers of Court in criminal proceedings if child accused voluntarily participates in therapeutic treatment program

355Pre-sentence report to Court

Division 3—Procedure for indictable offences that may be heard and determined summarily

356Procedure for indictable offences that may be heard and determined summarily

356AExceptional circumstances

Division 3A—Diversion

356BApplication of Division

356CPurposes of diversion

356DAdjournment to undertake diversion program

356EAcknowledgement of responsibility and consent to diversion by the child

356FProsecutorial consent to diversion

356GMatters to be considered when determining the type of diversion program

356HExtension of adjournment

356IConclusion of the diversion program

356JDiversion program and community service activities

356KNatural justice

Division 4—Standard of proof

357Proof beyond reasonable doubt

Division 5—Reports and other matters to be taken into account in considering sentence

358Court may only consider certain reports and other matters

359Victim impact statements

359AAlternative arrangements for reading aloud of victim impact statement

359BAlternative arrangements for examination

Part 5.3—Sentences

Division 1—Sentencing generally

360Sentences

361Sentencing hierarchy

362Matters to be taken into account

362ASentence discount for guilty plea

362BAggregate sentence of detention

Division 2—Undertaking

363Non-accountable undertaking

364Breach of undertaking

Division 3—Accountable undertaking

365Accountable undertaking

366Breach of undertaking

Division 4—Good behaviour bond

367Good behaviour bond

368Dismissal where bond observed

369Child required to appear

370Failure to appear

371Breach of bond

372Time for application

Division 5—Fines

373Fines

374Financial circumstances of child to be considered

375Instalment orders

376Time to pay

377Application for time to pay, for instalment order or for variation of instalment order

378Default in payment of fine or instalment

379Reduction of order by payment of portion of fine

Division 6—Probation orders

380Court may order probation

381Conditions of probation orders

382Concurrent probation orders

383Court may require Secretary to report

384Breach of probation

385Secretary's report

386Time for application

Division 7—Youth supervision orders

387Court may impose youth supervision order

388Concurrent youth supervision orders

389Youth supervision orders

390Suspension of youth supervision order

391Court may require Secretary to report

392Breach of youth supervision order

393Penalties for breach

394Matters to be taken into account

395Time for application

Division 8—Youth attendance orders

396Definitions

397Youth attendance order

398Restrictions on power to make youth attendance order

399Sentencing court to impose requirements

400Concurrent orders

401Copy of order to be given

402Reporting

403Suspension of youth attendance order

404Court may require Secretary to report

405Objects of youth attendance order

406Person subject to control etc. of Secretary etc.

407Community service

408Breach of youth attendance order

409Application for variation or revocation of order

Division 8A—Youth control orders

Subdivision 1—Youth control orders

409AObjects of a youth control order

409BCourt may make youth control order

409CRestrictions on power to make a youth control order

409DCourt order for youth control order planning meeting

409EMatters to which Court is to have regard in determining whether to make a youth control order

409FCourt to impose certain requirements

409GNon-accountable parental undertaking

409HBreach of undertaking

409IConcurrent orders

409JCopy of order to be given

409KRemission of monitoring etc. to the Court

409LReporting and monitoring

409MSuspension of youth control order

409NVariation of youth control order

409OWarning of possible variation of a youth control order

409PNeither consent nor warning required

409QRevocation of youth control order

409RConsequences of revocation of youth control order

Subdivision 2—Youth control order planning meetings

409SPurpose of youth control order planning meeting

409TRequirements for youth control order planning meetings

409UYouth control order plan

409VRequirements for report of meeting

409WYouth control order planning meeting report to be filed in the Court

409XAccess to youth control order planning meeting report

409YConfidentiality of meeting

409ZReport by appellate court

Subdivision 3—Secretary

409ZAReferences to the Secretary

Division 9—Youth residential centre orders

410Court may make youth residential centre order

411Youth residential centre orders

Division 10—Youth justice centre orders

412Court may make youth justice centre order

413Youth justice centre orders

Division 11—Deferral of sentencing

414Deferral of sentencing

415Group conference

416Hearing of adjourned case

Division 12—Orders in addition to sentence

417Orders in addition to sentence

418Enforcement of orders in addition to sentence

Division 13—General

419Provisions applicable to warrants

420Bail

421Variation or revocation of order

422Suspension of order

423Proceedings for breach of sentence

Part 5.4—Appeals

Division 1—Appeal by offender to the County Court or Trial Division of the Supreme Court

424Right of appeal

425How appeal is commenced

426Determination of appeal

Division 2—Appeal by DPP against sentence

427DPP's right of appeal against sentence

428How appeal is commenced

429Determination of DPP appeal

Division 2A—Appeal by DPP—Failure to fulfil undertaking

429ADPP's right of appeal—failure to fulfil undertaking

429BHow appeal is commenced

429CDetermination of DPP's appeal—failure to fulfil undertaking

Division 3—Procedure on appeals from Children's Court

430Late notice of appeal deemed to be application for leave to appeal

430AStay of order

430BBail pending appeal

430CAbandonment of appeal

430DAppellant's failure to appear

430ERespondent's failure to appear on appeal by DPP

430FOne notice of appeal for 2 or more sentences

430GAppeal to County Court or Supreme Court authorised by other Acts

Division 4—Reports

430HApplication of Division

Subdivision 1—Pre-sentence reports

430ICourt may order pre-sentence report

430JNotification of requirement to submit pre‑sentence report

430KPre-sentence report to be filed with court

430LAttendance at appellate court of author of pre‑sentence report

430MDisputed pre-sentence report

Subdivision 2—Group conference reports

430NGroup conference report

430OGroup conference report to be filed with court

Division 5—Appeal to Supreme Court on a question of law

430PAppeal to Supreme Court on a question of law

430QAppeal on question of law precludes other appeals

Division 6—Appeal to Court of Appeal

430RRight of appeal against sentence of detention imposed on appeal from Children's Court

430SHow appeal is commenced

430TDetermination of appeal

430UOrders etc. on successful appeal

430VPowers and procedure

Division 6A—Case stated for Court of Appeal

430VAReservation of question of law

430VBAdjournment if question of law reserved

430VCRefusal to reserve question of law

430VDCase to be stated if question of law reserved

430VEGeneral powers of Court of Appeal on case stated

430VFJudgment to be entered on record

430WDPP may refer point of law to Court of Appeal

430WAPowers and procedure

Division 7—Status of sentence and orders during appeal period

430XSentence not stayed during appeal period

430YBail pending appeal

430ZStay of certain orders during appeal period

430ZAExecution of order for forfeiture or destruction of property

Division 8—Miscellaneous

430ZBAppeal by child under 15 years

430ZCParent may enter into bail

430ZDAppeals to be heard in open court

430ZELegal representation

430ZFInterpreters

430ZGExplanation of and reasons for orders

Division 9—Costs on appeal

430ZHNo costs on appeal or new hearing

Part 5.5—Parole

Division 2—Youth Parole Board

442Establishment of Youth Parole Board

443Terms and conditions of office

444Alternate members

445Meetings of the Youth Parole Board

446Validity of acts or decisions of the Youth Parole Board

447Secretary or member may act on behalf of Youth Parole Board

448Evidentiary provisions

449Powers etc. of Youth Parole Board

450Powers to take evidence etc.

451Saving of members of Youth Parole Board from liability

452Reports by Youth Parole Board

Division 3—Youth parole officers

453Youth parole officers

Division 4—Information sharing

454Information sharing by Secretary about incidents

455Information sharing by Youth Parole Board about release

Division 5—Release on parole from youth residential centre or youth justice centre

457ALimitation on Youth Parole Board's consideration of terrorism risk information

457BProvision of terrorism risk information for purposes of this Division

458Release on parole from youth residential centre or youth justice centre

458ACertain conditions to be imposed in relation to certain offences

459Person still under sentence until end of parole period

460Cancellation of parole

460ARequirement to consider cancelling parole of person charged with certain offences in certain circumstances

460BRequirement to consider cancelling parole of person who gains a terrorism record

460CRequirement to consider cancelling parole if new terrorism risk information provided

461Youth Parole Board may release on parole more than once

Part 5.6—Transfers

Division 1AA—Use of terrorism risk information

461ALimitation on Youth Parole Board's consideration of terrorism risk information

Division 1—Jurisdiction over detainees

462Persons detained in youth residential centre subject to Youth Parole Board

463Persons detained in youth justice centre subject to Youth Parole Board

Division 2—Transfer from youth residential centre to youth justice centre

464Power of Youth Parole Board to transfer person to a youth justice centre

465Restriction on transfer of under 14 year olds

466Transfer to youth justice centre

Division 3—Transfer from youth justice centre to prison

467Power of Youth Parole Board to transfer person to prison

468Detainee may request transfer to prison

469Transfer to prison

Division 4—Transfer from youth justice centre to youth residential centre

470Persons in youth justice centre may be transferred to youth residential centre

Division 5—Transfers to and from prison

471Persons in prison may be transferred to youth justice centre

472Person in prison may be transferred to youth residential centre

473Person transferred from prison to YJC or YRC may be transferred back to prison

Division 6—General

474Person in youth residential centre sentenced to detention in youth justice centre or imprisonment

475Person in youth justice centre sentenced to imprisonment

476Person in youth justice centre sentenced to detention in youth residential centre

477Person in prison sentenced to detention in youth justice centre

Part 5.7—Establishment of corrective services for children

478Governor in Council may establish corrective services

479Approval of service as youth justice unit

480Approval of service as group conference program

480AApproval of service as a youth control order planning meeting program

481Standard of services

482Form of care, custody or treatment

Part 5.8—Persons in detention

Division 1AA—Preliminary

482ADefinitions

482BAuthorisation of an officer in charge

Division 1—Legal custody

483Legal custody

484Removal of person from remand centre etc.

485Temporary leave from legal custody

Division 2—Management of detainees

487Prohibited actions

487AExemption from liability

488Isolation

488AAReporting on use of reasonable force and isolation

Division 3—Searches of persons entering, leaving or within youth justice facilities and requirements on visitors

488ASearch on entering or leaving a youth justice facility

488ABOfficer in charge may order search

488ACUnclothed search of detainee

488ADManner of conducting search

488AEConsequences of refusal to submit to search

488AFOfficer in charge may order search to be terminated

488BVisitors required to comply with orders

488CVisitors to give prescribed information

488DOfficer in charge may refuse or terminate visits for security reasons

Division 3AA—Offences relating to operation or possession of remotely piloted aircraft or helicopter

488DADefinitions

488DBOffences relating to operation or possession of remotely piloted aircraft or helicopter

488DCOfficer in charge may give authorisation

488DDSearch

488DESeizure

Division 3A—Seizure

488ESeizure

488FSeizure register

488GCertain seized items to be handed to police

488GAManner of dealing with seized things that may be used in a legal proceeding

488GBManner of dealing with seized money

488GCManner of dealing with other seized articles or things

488GDDisposal

Division 4—Change of name applications by detainees

488HApplication

488IDefinitions

488JApplications for change of name by or on behalf of a detainee

488KApproval by Secretary

488LApproval to be notified in writing

488MRegistration of name change

488NRegistrar may correct Register

Division 4A—Approval of making of acknowledgement of sex applications by detainees

488OOffence to make acknowledgement of sex application without approval

488PApplication by detainee or other person for approval of Secretary

488QApproval by Secretary of the making of acknowledgement of sex application

488RCopy of approval or refusal of Secretary

Division 5—General

489Detention in default of payment of a fine

490Bringing of person before court or inquest

491Power of police to arrest person in youth justice centre

491APower of police to arrest person in remand centre

492Interstate transfer of young offenders

492ASecrecy of security arrangements at youth justice facilities

Part 5.9—Review of Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

492BReview of Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

Part 5.10—Sharing of terrorism risk information

492CWhat is the permitted purpose for sharing information under this Part?

492DDepartment of Justice and Regulation may disclose terrorism risk information

492EYouth Parole Board may disclose terrorism risk information

Chapter 6—Offences

Part 6.1—Offences relating to the protection of children

493Offence to fail to protect child from harm

494Offence to leave child unattended

495Offence to harbour or conceal child

496Offence to counsel or induce child to be absent without lawful authority etc.

497Offences in relation to community service etc.

Part 6.2—Offences relating to detained persons

498Offence to escape or attempt to escape etc.

499Offence to harbour or conceal person

500Offence to counsel or induce person to escape

501Offences in relation to persons held in centres

Part 6.3—General offences

502Offence to impersonate Secretary as protective intervener

503Offence to obstruct Secretary or employee

Chapter 7—The Children's Court of Victoria

Part 7.1—The Children's Court

504The Children's Court

506President, magistrate or reserve magistrate to be in attendance

507Assignment of magistrates or reserve magistrates

508President

509Acting President

509AAdministrative responsibility of President

510Assignment of duties

511Delegation by the President

512Protection of President

513Protection of magistrates or reserve magistrates

513AConstitution of Court if magistrate unable to continue

513BAppeals from Court constituted by Chief Magistrate who is a dual commission holder

514Annual report

Part 7.2—Jurisdiction

515Jurisdiction of Family Division

516Jurisdiction of Criminal Division

516AJoint committal proceedings

517Koori Court (Criminal Division)

518Jurisdiction of Koori Court (Criminal Division)

518ACircumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court

519Circumstances in which Koori Court (Criminal Division) may deal with certain offences

520Sentencing procedure in Koori Court (Criminal Division)

520ANeighbourhood Justice Division

520BPlaces where Neighbourhood Justice Division may sit and act

520CJurisdiction of Neighbourhood Justice Division

520DTransfer of proceedings

520ESentencing procedure in Neighbourhood Justice Division

521Application of Act to other Courts

Part 7.3—Procedure

522Procedural guidelines to be followed by Court

522AConsistent magistrate to oversee criminal proceedings

523Proceedings to be heard in open court

524Legal representation

525Proceedings in which child is required to be legally represented

526Interpreter

527Explanation of and reasons for orders

527AJudicial resolution conference

527BProtection of conduct of judicial resolution conference

Part 7.4—Powers

528Court to have powers of Magistrates' Court

528AEnforcement of costs orders made in the Family Division

528BIssue of warrants in electronic form

529Recall and cancellation of warrant

530Power to adjourn proceeding

531Power to dispense with service

532Witness summonses

533Court may reserve question of law for determination by Supreme Court

533ACourt may issue or transmit court documents electronically

533BCourt may receive documents electronically

Part 7.5—Restriction on publication of proceedings

534Restriction on publication of proceedings

534ACertain publications exempted from the restriction on publication of proceedings

534BCertain publications exempted if publication is in relation to sentencing of an adult

Part 7.6—Court officers

535Principal registrar, registrars and deputy registrars

536Appointment of Aboriginal elders or respected persons

537Court register

538Process

539Powers of registrar

540Fees

541Extortion by and impersonation of court officials

542Protection of registrars

Part 7.6A—Judicial registrars

542AAssignment of duties

542BGuidelines relating to the appointment of judicial registrars

542CRecommendations for appointment of judicial registrars

542DAppointment by Governor in Council

542ERemuneration and terms and conditions of appointment

542EAOath or affirmation of office

542FResignation from office

542JPerformance of duties by judicial registrar

542KAppeal from or review of determination of Court constituted by judicial registrar

Part 7.7—Court services

543Youth justice officers

544Duties of youth justice officers

545Children's Court Liaison Office

546Children's Court Clinic

Part 7.8—Reports to the Court

Division 1—General

547Reports to which Part applies

548Notification of requirement to submit report

549Warning to be given to persons being interviewed

550Attendance at Court of author of report

551Disputed report

552Confidentiality of reports

Division 2—Protection reports

553Protection reports

554Secretary to forward report to Court

555Content of protection report

556Access to protection report

Division 3—Disposition reports and additional reports

557Disposition reports

558Content of disposition report

559Access to disposition report

560Additional report

561Access to additional report

562Access to additional reports prepared by Secretary to Department of Justice

Division 4—Therapeutic treatment application reports

563Therapeutic treatment application reports

564Content of therapeutic treatment application report

565Secretary to forward report to Court

566Access to therapeutic treatment application report

Division 5—Therapeutic treatment (placement) reports

567Therapeutic treatment (placement) reports

568Content of therapeutic treatment (placement) report

569Secretary to forward report to Court

570Access to therapeutic treatment (placement) report

Division 6—Pre-sentence reports

571Court may order pre-sentence report

572Who prepares pre-sentence reports?

573Contents of pre-sentence report

574Pre-sentence report to be filed in the Court

575Access to pre-sentence reports

Division 7—Group conference reports

576Group conference report

577Who prepares group conference reports?

578Content of group conference report

579Group conference report to be filed in the Court

580Access to group conference report

Part 7.9—Children and Young Persons Infringement Notice System

581CAYPINS procedure

582Certain agencies may give information for enforcement purposes

Part 7.10—General

583Witness who has previously appeared in Children's Court

584Accused or other person who has previously appeared in Children's Court

585Transfer of proceedings from Magistrates' Court to Children's Court

586Supreme Court or County Court may exercise sentencing powers of Children's Court

587Notice to be filed if child is placed in emergency care or apprehended without warrant

Part 7.11—Rules

588Rules

589Rules of court

590Rules of court—Koori Court (Criminal Division)

590ARules of court—Neighbourhood Justice Division

591Disallowance

592Practice notes

Chapter 7A—Relevant historical care and protection orders

Part 7A.1—Recognition of matters relating to relevant historical care and protection orders

592AStatement of recognition

592BDefinitions

592CMeaning of relevant historical care and protection order

592DApplication of this Part

592EEffect of relevant historical care and protection order in relation to matters concerning convictions, findings of guilt or criminal history

592FEffect of relevant historical care and protection order in relation to an appointment, post, status or privilege

592GObligations of responsible agencies, other than Victoria Police, in relation to the release of official records and secondary records

592HObligations of Victoria Police in relation to the release of official records and secondary records

592IDestruction of official records and secondary records

592JNo effect on entitlement to compensation or creation of entitlement to compensation

Chapter 8—General

Part 8.1—Service of documents

593Service of documents

594Service on parent or child or other person

595Proof of service

596Person may cause document to be served

Part 8.2—Powers of Secretary in relation to medical services

597Powers of Secretary in relation to medical services and operations

Part 8.3—Placing child in emergency care

598Circumstances in which child may be placed in emergency care

Part 8.3A—Power of protective services officers to execute search warrants

598ACircumstances in which a protective services officer may apprehend a child under a search warrant

Part 8.4—Jurisdiction of Supreme Court

599Supreme Court—limitation of jurisdiction

Part 8.5—Regulations

600Regulations

Part 8.6—Repeals and transitional provisions

606Transitional and saving provisions

607Transitional provision—Criminal Procedure Legislation Amendment Act 2008

607ATransitional provisions—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

608Transitional provision—Crimes Amendment (Identity Crime) Act 2009

609Transitional provision—Criminal Procedure Act 2009

610Transitional provision—Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009

611Order specifying land, leases, licences and interests in land to be transferred to Secretary

612Vesting of property in Secretary

613Action by Registrar of Titles

614Taxes

615Land etc. vests subject to encumbrances

616Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010

617Transitional provision—Justice Legislation Amendment Act 2010

618Transitional provision—Justice Legislation Further Amendment Act 2010 (CAYPINS)

619Transitional provision—Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011

620Transitional provision—Courts and Sentencing Legislation Amendment Act 2012

621Transitional provision—Courts and Sentencing Legislation Amendment Act 2012

622Transitional provision—Criminal Procedure Amendment Act 2012

623Transitional provision—Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013

624Transitional provision—Children, Youth and Families Amendment Act 2013

625Transitional provision—Justice Legislation Further Amendment Act 2016

627Transitional provisions—Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014

628Transitional provisions—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

629Transitional provision—Bail Amendment (Stage Two) Act 2018

630Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

630ATransitional provisions—Justice Legislation Amendment (Terrorism) Act 2018

631Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018

632Transitional provisions—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020

632ATransitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—proceedings

632BTransitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—power to make orders to resolve difficulty

633Transitional provision—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023—saving of authorisations of principal officers

635Transitional provision—Regulatory Legislation Amendment (Reform) Act 2024

637Transitional provision—Regulatory Legislation Amendment (Reform) Act 2025

Schedules

Schedule 1—Transfer of child protection orders and proceedings

Schedule 2—Interstate transfer of young offenders

Schedule 3—Children and Young Persons Infringement Notice System

Schedule 4—Transitional and saving provisions

Schedule 5—Transitional provisions relating to the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014

Schedule 6—Transitional provisions relating to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 143

Children, Youth and Families Act 2005

No. 96 of 2005

Version incorporating amendments as at


30 September 2025

The Parliament of Victoria enacts as follows:

CHAPTER 1—PRELIMINARY

PART 1.1—INTRODUCTION

1Purposes

The main purposes of this Act are—

(a)to provide for community services to support children and families; and

(b)to provide for the protection of children; and

(c)to make provision in relation to children who have been charged with, or who have been found guilty of, offences; and

(d)to continue The Children's Court of Victoria as a specialist court dealing with matters relating to children.

2Commencement

(1)Sections 1, 603 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

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*                *                *                *                *

(4)Subject to subsection (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(5)If a provision of this Act referred to in subsection (4) does not come into operation before 1 October 2007, it comes into operation on that day.

3Definitions

(1)In this Act—

Aboriginal agency means an organisation declared to be an Aboriginal agency under section 6;

Aboriginal elder or respected person means a person who holds office as an Aboriginal elder or respected person under section 536;

Aboriginal person means a person who—

(a)is of Aboriginal or Torres Strait Islander descent; and

(b)identifies as an Aboriginal or Torres Strait Islander person; and

(c)is accepted as an Aboriginal or Torres Strait Islander person by an Aboriginal or Torres Strait Island community;

*                *                *                *                *

accountable undertaking means an order referred to in section 360(1)(c);

Adult Parole Board means the Adult Parole Board established by section 61 of the Corrections Act 1986;

age means, in the absence of positive evidence as to age, apparent age;

appeal, in Part 5.4, includes application for leave to appeal;

appeal period, in Part 5.4, means the period permitted by or under this Act or any other Act for commencing an appeal under Part 5.4 or, if a notice of appeal or notice of application for leave to appeal under Part 5.4 is filed within that period, the determination of the appeal;

appellant, in Part 5.4, includes an applicant for leave to appeal;

appellate court, in Part 5.4 means, as the case requires—

(a)the County Court; or

(b)if the court from which the appeal is made was constituted by the President, the Trial Division of the Supreme Court; or

(c)if the court from which the appeal is made was constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal;

appropriate registrar means the registrar at the proper venue of the Court;

authorised officer means a person authorised under section 194;

authorised person means a person referred to in Schedule 3 to the Criminal Procedure Act 2009;

care, in relation to a child, means the daily care and control of the child, whether or not involving parental responsibility for the child;

care by Secretary order means an order referred to in section 275(1)(d);

case plan means—

(a)in relation to the Secretary, a case plan as defined in section 166;

(b)in relation to a community service provider, a statement of any decision concerning a child to whom the community service is, or is to be, provided;

Category A serious youth offence means any of the following offences—

(a)murder;

(b)attempted murder;

(c)manslaughter;

(d)child homicide;

(da)homicide by firearm;

(e)an offence against any of the following sections of the Crimes Act 1958—

(i)section 15A (intentionally causing serious injury in circumstances of gross violence);

(ii)section 77B (aggravated home invasion);

(iii)section 79A (aggravated carjacking);

(iv)section 197A (arson causing death);

(v)section 318 (culpable driving causing death);

(f)an offence against any one of the following—

(i)section 4B of the Terrorism (Community Protection) Act 2003;

(ii)a provision of Subdivision A of Division 72 of Chapter 4


of the Criminal Code of the Commonwealth;

(iii)a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;

(iv)a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

Category B serious youth offence means an offence against any of the following sections of the Crimes Act 1958—

(a)section 15B (recklessly causing serious injury in circumstances of gross violence);

(b)section 38 (rape);

(c)section 39 (rape by compelling sexual penetration);

(d)section 77A (home invasion);

(e)section 79 (carjacking);

*                *                *                *                *

*                *                *                *                *

child means—

(a)in the case of a person who is alleged to have committed an offence, has the same meaning as in the Youth Justice Act 2024; and

(aa)in the case of a proceeding under the Family Violence Protection Act 2008, a person who is under the age of 18 years when an application is made under that Act; and

(ab)in the case of a proceeding under the Personal Safety Intervention Orders Act 2010, a person who is under the age of 18 years when an application is made under that Act; and

(ac)in the case of an application for a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016, a person who is under the age of 18 years when the application is made; and

(ad)in the case of a person in respect of whom a therapeutic treatment order or therapeutic treatment (placement) order may be made, a person who is of or above the age of 10 years and under the age of 18 years when the order is made; and

(ae)in the case of section 354A, a person who is of or above the age of 12 years and under the age of 18 years when the person appears as an accused in a criminal proceeding; and

(b)in any other case, a person who is under the age of 17 years or, if a protection order, a child protection order within the meaning of Schedule 1 or an interim order within the meaning of that Schedule continues in force in respect of him or her, a person who is under the age of 18 years;

Children's Koori Court officer means a person who—

(a)is employed under Part 3 of the Public Administration Act 2004; and

(b)exercises powers or performs functions in relation to the Koori Court (Criminal Division) of the Court;

Children's Neighbourhood Justice officer means a person who—

(a)is employed under Part 3 of the Public Administration Act 2004; and

(b)exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court;

community-based child and family service means a community-based child and family service within the meaning of regulations made under the Social Services Regulation Act 2021 that is provided by a person who is registered under Part 3 of that Act to provide that service;

community service means any of the following—

(a)a community service established under section 44(1)(a)(i) that is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that community service;

(b)a community-based child and family service;

(c)an out of home care service;

(d)a secure welfare service;

contact (unless the context otherwise requires) means the contact of a child with a person who does not have care of the child by way of—

(a)a visit by or to that person, including attendance for a period of time at a place other than the child's usual place of residence; or

(b)communication with that person by letter, telephone or other means—

and includes overnight contact;

conviction, in Part 5.4, includes a finding of guilt by the Court, whether or not a conviction is recorded;

Court means The Children's Court of Victoria;

court liaison officer means a court liaison officer appointed under section 545;

court official means—

(a)the principal registrar of the Court; or

(b)a registrar or deputy registrar of the Court; or

(c)a court liaison officer; or

(ca)a judicial registrar; or

(d)any person employed in any of the offices of the Court;

court register means the register kept under section 537;

cultural plan means a cultural plan prepared under section 176;

*                *                *                *                *

decision-making process means—

(a)in relation to the Secretary, means the process of decision-making by the Secretary concerning a child beginning when the Secretary receives a report under section 28, 33(2), 183, 184 or 185;

(b)in relation to a community based child and family service, means the process of decision-making by the service concerning a child beginning when the service receives a referral under section 31;

Department means the Department of Human Services;

designated place has the same meaning as in the Victoria Police Act 2013;

development means physical, social, emotional, intellectual, cultural and spiritual development;

disposition report means a report referred to in section 557;

Division means Division of the Court;

domestic partner of a person means—

(a)a person who is in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

DPP has the same meaning as in the Criminal Procedure Act 2009;

emergency care means placement in accordance with section 242(5) or 247A(4);

employee means a person employed under Part 3 of the Public Administration Act 2004 in the Department;

extension application means an application under section 293 for an extension or further extension of a protection order;

family preservation order means an order referred to in section 275(1)(b);

family reunification order means an order referred to in section 275(1)(c);

fine includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined;

Fund means the State Guardianship Fund established under section 177;

group conference means a group conference under section 415;

group conference outcome plan means an outcome plan included in a group conference report;

group conference report means a report referred to in Division 7 of Part 7.8;

*                *                *                *                *

hearing date, in relation to a proceeding, means the date on which the proceeding is listed for hearing;

homeless person means—

(a)a person living in—

(i)crisis accommodation; or

(ii)transitional accommodation; or

(iii)any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or

(b)a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth;

information holder means—

(a)a police officer;

(b)an employee of the Department;

(c)an employee of another Department;

(ca)an information sharing entity within the meaning of the Child Wellbeing and Safety Act 2005 other than a person or body specified in section 41T of that Act (whether or not that person or body is exercising a judicial or quasi-judicial function);

(cb)a restricted information sharing entity within the meaning of the Child Wellbeing and Safety Act 2005 other than a person or body specified in section 41T of that Act (whether or not that person or body is exercising a judicial or quasi-judicial function);

(d)a person who is registered as a teacher or an early childhood teacher under the Education and Training Reform Act 2006 or has been granted permission to teach under that Act;

(e)the head teacher or principal of a State school within the meaning of the Education Act 1958 or of a school registered under Part III of that Act;

(f)a person in charge of a relevant health service within the meaning of section 141 of the Health Services Act1988;

(g)a person in charge of a mental health and wellbeing service provider within the meaning of section 3(1) of the Mental Health and Wellbeing Act 2022;

(h)a registered medical practitioner;

(i)a registered psychologist;

(j)a nurse;

(ja)a midwife;

(k)a person in charge of a children's service within the meaning of the Children's Services Act 1996;

(ka)a person in charge of an education and care service within the meaning of the Education and Care Services National Law (Victoria);

(l)the person in charge of a body that receives funding from the Secretary under a State contract to provide disability services to a child with a disability within the meaning of the Disability Act 2006;

(la)the person in charge of an NDIS provider or registered NDIS provider;

(m)the person in charge of a body that receives funding from the Secretary under a State contract to provide drug or alcohol treatment services;

(n)any person in a prescribed class of persons;

information system has the same meaning as in the Electronic Transactions (Victoria) Act 2000;

interim accommodation order means an order under section 262;

*                *                *                *                *

interpreter means—

(a)an interpreter accredited with the National Accreditation Authority for Translators and Interpreters Limited A.C.N. 008 596 996; or

(b)a competent interpreter;

irreconcilable difference application means an application under section 259;

judicial registrar means a judicial registrar of the Court appointed under Part 7.6A;

judicial resolution conference means a resolution process in the Family Division of the Court presided over by the President or a magistrate or a judicial registrar for the purposes of negotiating a settlement of a dispute—

(a)including, but not limited to—

(i)mediation; or

(ii)early neutral evaluation;

(iii)settlement conference;

(iv)conciliation;

(b)other than a conciliation conference under section 217;

legal practitioner means an Australian legal practitioner;

legal representation means representation by a legal practitioner;

long-term care order means an order referred to in section 275(1)(e);

*                *                *                *                *

magistrate means a magistrate for the Court and includes a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to be a magistrate of the Court under section 507 and a person who was formerly the President who is acting under section 12H of the County Court Act 1958;

major long-term issue, in relation to a child, means an issue about the care, wellbeing and development of the child that is of a long-term nature and includes an issue of that nature about—

(a)the child's education (both current or future); and

(b)the child's religious and cultural upbringing; and

(c)the child's health (but does not include routine medical care, for example immunisation on the recommendation of a registered medical practitioner, nurse, midwife or pharmacist in the lawful practice of their profession); and

(d)the child's name;

medical examination includes—

(a)physical examination, psychological examination and psychiatric examination; and

(b)in the course of the examination, the taking of samples for analysis and the use of any machine or device to enable or assist in the examination;

midwife means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b)in the register of midwives kept for that profession;

NDIS provider has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

offence involving an assault means an offence against any of the following sections of the Crimes Act 1958—

(a)section 15A (intentionally causing serious injury in circumstances of gross violence);

(b)section 15B (recklessly causing serious injury in circumstances of gross violence);

(c)section 16 (intentionally causing serious injury);

(d)section 17 (recklessly causing serious injury);

(e)section 18 (intentionally or recklessly causing serious injury);

offence involving property damage means—

(a)an offence against section 197 of the Crimes Act 1958 (criminal damage); or

(b)an offence against section 9(1)(c) of the Summary Offences Act 1966 (wilful damage);

order, in relation to the Criminal Division, includes judgment and conviction;

out of home care means care of a child by a person other than a parent of the child;

out of home care service means a social service that—

(a)is either—

(i)an out of home care service within the meaning of regulations made under the Social Services Regulation Act 2021; or

(ii)an out of home care service established under section 44(1)(a)(ia); and

(b)is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that service;

parent, in relation to a child, includes—

(a)the father and mother of the child; and

(b)the spouse of the father or mother of the child; and

(c)the domestic partner of the father or mother of the child; and

(d)any person who has parental responsibility for the child, other than the Secretary; and

(e)a person whose name is entered as the father of the child in the register of births in the Register maintained by the Registrar of Births, Deaths and Marriages under Part 7 of the Births, Deaths and Marriages Registration Act 1996; and

(f)a person who acknowledges that he is the father of the child by an instrument of the kind described in section 8(2) of the Status of Children Act 1974; and

(g)a person in respect of whom a court has made a declaration or a finding or order that the person is the father of the child;

parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children;

parole order means an order under Division 4 or 5 of Part 5.5;

parole period means the period from a person's release on parole until the end of the period of his or her detention;

period, in relation to detention, includes the aggregate of two or more periods, whether cumulative or concurrent;

permanent care order means an order under section 321;

person in religious ministry means a person appointed, ordained or otherwise recognised as a religious or spiritual leader in a religious institution;

Examples

Church elder, deacon, granthi, imam, religious minister, monk, nun, pastor, priest, pujari, rabbi, religious brother or sister and Salvation Army officer.

pharmacist means a person registered under the Health Practitioner Regulation National Law to practice in the pharmacy profession as a pharmacist (other than as a student);

police gaol has the same meaning as in the Corrections Act 1986;

police officer has the same meaning as in the Victoria Police Act 2013;

post-secondary qualification means a qualification from an institution, person or body providing or offering to provide (whether in or outside Victoria) post‑secondary education as defined in the Education and Training Reform Act 2006 (whether or not that institution, person or body has since ceased to exist) and includes a qualification from a post‑secondary education provider as defined in that Act;

pre-sentence report means a report referred to in Division 6 of Part 7.8;

President means the President appointed under section 508 and includes the Acting President appointed under section 509;

principal officer, in relation to an Aboriginal agency, means the chief executive officer (by whatever name called) of the Aboriginal agency;

prison has the same meaning as in the Corrections Act 1986;

proceeding means any matter in the Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as registrar under Schedule 3;

process includes witness summons, charge-sheet, summons to answer to a charge, warrant to arrest, remand warrant, search warrant, warrant to seize property, warrant to imprison, warrant to detain in a youth residential centre or a youth justice centre, warrant of delivery and any process by which a proceeding in the Court is commenced;

progress report means a report prepared under section 385, 391, 404 or 409(5)(a);

proper venue—

(a)in relation to a proceeding in the Family Division (other than a proceeding under the Family Violence Protection Act 2008, the National Domestic Violence Order Scheme Act 2016, the Personal Safety Intervention Orders Act 2010 or Part 4A of the Terrorism (Community Protection) Act 2003), means the venue of the Court that is nearest to—

(i)the place of residence of the child; or

(ii)the place where the subject-matter of the application arose; and

(b)in relation to a proceeding in the Criminal Division (other than a proceeding under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010), means the venue of the Court that is nearest to—

(i)the place of residence of the child; or

(ii)the place where the offence is alleged to have been committed; and

(c)in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction, means—

(i)a venue of the Court determined in accordance with paragraph (a) or (b); or

(ii)a venue of the Court at which the Neighbourhood Justice Division may sit and act; and

(d)in relation to a proceeding brought under the Family Violence Protection Act 2008 or the National Domestic Violence Order Scheme Act 2016 means—

(i)the venue of the Court determined in accordance with paragraph (c); or

(ii)the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—

(A)the safety of the parties;

(B)the need to prevent disclosure of a party's whereabouts;

(C)the ability of the parties to attend a particular venue of the Court, taking into account their places of work, residence or any childcare requirements;

(D)the availability of family violence support services at particular venues of the Court;

(E)the need to manage case flow;

(F)any other considerations the Court thinks relevant;

(e)in relation to a proceeding brought under the Personal Safety Intervention OrdersAct 2010 means—

(i)the venue of the Court determined in accordance with paragraph (c); or

(ii)the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—

(A)the safety of the parties;

(B)the need to prevent disclosure of a party's whereabouts;

(C)the ability of the parties to attend a particular venue of the Court, taking into account their places of work, residence or any childcare requirements;

(D)the availability of mediation assessment services at particular venues of the Court;

(E)the need to manage case flow;

(F)any other considerations the Court thinks relevant;

(f)in relation to a proceeding brought under Part 4A of the Terrorism (Community Protection) Act 2003, means the venue of the Court as determined by or under a practice note issued under section 592, or, if no such practice note is in force—

(i)the venue of the Court that is nearest to the place of residence of the child; or

(ii)the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—

(A)the administrative and other facilities available at particular venues of the Court;

(B)the ability of the parties to attend a particular venue of the Court, taking into account the respondent's (or supported person's) place of work, residence and any childcare requirements;

(C)the need to manage case flow;

(D)any other considerations the Court thinks relevant;

protection application means an application made to the Court for a finding that a child is in need of protection;

protection order means an order referred to in section 275(1);

protection report means a report referred to in Division 2 of Part 7.8;

protective intervener means a person referred to in section 181;

protective intervention report means—

(a)a report to a police officer as a protective intervener under section 183; or

(b)a report to the Secretary under section 183 or 184 that the Secretary has determined under section 187 to be a protective intervention report; or

(c)a report to the Secretary under section 28 or 33(2) that the Secretary has determined under section 34 to be a protective intervention report;

protective services officer has the same meaning as in the Victoria Police Act 2013;

publish has the same meaning as in the Open Courts Act 2013;

recognition principles means the principles set out in section 7E;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registeredNDIS provider has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;

*                *                *                *                *

registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

registered social service provider has the same meaning as in section 3(1) of the Social Services Regulation Act 2021;

relative, in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether of the whole blood or half-blood or by marriage, and whether or not the relationship depends on adoption of the child;

religious institution means an entity that—

(a)operates under the auspices of any faith; and

(b)provides activities, facilities, programs or services of any kind through which adults interact with children;

remand centre means a remand centre established under section 478(a);

reserve judge has the same meaning as it has in the County Court Act 1958;

reserve magistrate has the same meaning as it has in the Magistrates' Court Act 1989;

return date, in relation to a proceeding, means any date on which the proceeding is listed before the Court;

*                *                *                *                *

search warrant, means a warrant which authorises the person to whom it is directed—

(a)to break, enter and search any place where the person named or described in the warrant is suspected to be; and

(b)except in Division 1 of Part 4.8, to place in emergency care or arrest the person and—

(i)bring the person before a bail justice or the Court as soon as practicable to be dealt with according to law; or

(ii)release the person on an interim accommodation order in accordance with the endorsement on the warrant;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

secure welfare service means a secure welfare service established under section 44(1)(a)(ii) that is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that secure welfare service;

sentence includes—

(a)the recording of a conviction; and

(b)an order made under Part 5.3, other than—

(i)an order incidental to or preparatory to the making of the order; or

(ii)an order granting bail made under section 420; and

(c)an order made under section 11 of the Sex Offenders Registration Act 2004; and

(d)an order made under section 84S or 84T of the Road Safety Act 1986;

service agency means—

(a)a Department established under the Public Administration Act 2004;

(b)a relevant health service within the meaning of section 141 of the Health Services Act 1988;

(c)a mental health and wellbeing service provider within the meaning of section 3(1) of the Mental Health and Wellbeing Act 2022;

(d)a body that receives funding from the Secretary under a State contract to provide disability services to a child with a disability within the meaning of the Disability Act 2006;

(e)a body that receives funding from the Secretary under a State contract to provide drug or alcohol treatment services;

(f)a prescribed body or a body in a prescribed class;

social service has the same meaning as in section 3(1) of the Social Services Regulation Act 2021;

spouse of a person means a person to whom the person is married;

*                *                *                *                *

State contract means a contract entered into by or on behalf of the State;

*                *                *                *                *

temporary assessment order means an order referred to in section 231;

terrorism or foreign incursion offence means an offence against—

(a)section 4B of the Terrorism (Community Protection) Act 2003; or

(b)a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003; or

(c)a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or

(d)a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or

(e)a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

terrorism record has the meaning given in section 3A;

terrorism-related order means—

(a)a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or

(b)a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(c)an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(d)a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(e)a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(f)an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003;

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date: 26.2.13
Commencement Date: Ss 48–56, 78, 79 on 27.2.13: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date: 13.3.13
Commencement Date: S. 42(Sch. 2 item 6) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013, No. 15/2013

Assent Date: 26.3.13
Commencement Date: Ss 9–12 on 27.3.13: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Heavy Vehicle National Law Application Act 2013, No. 30/2013

Assent Date: 4.6.13
Commencement Date: S. 60(Sch. item 3) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children, Youth and Families Amendment Act 2013, No. 52/2013

Assent Date: 24.9.13
Commencement Date: Ss 4–61 on 1.12.13: Special Gazette (No. 419) 26.11.13 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date: 6.11.13
Commencement Date: Ss 52, 53, 81 on 1.2.14: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date: 12.11.13
Commencement Date: S. 649(Sch. 9 item 2) on 1.7.14: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Road Legislation Amendment Act 2013, No. 74/2013

Assent Date: 3.12.13
Commencement Date: S. 8 on 1.7.15: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date: 25.3.14
Commencement Date: S. 160(Sch. 2 item 14) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014, No. 19/2014

Assent Date: 1.4.14
Commencement Date: S. 89 on 30.9.15: Special Gazette (No. 278) 22.9.15 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Mental Health Act 2014, No. 26/2014

Assent Date: 8.4.14
Commencement Date: S. 455(Sch. item 2) on 1.7.14: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children, Youth and Families Amendment (Security Measures) Act 2014 No. 29/2014

Assent Date: 15.4.14
Commencement Date: Ss 4–13 on 1.7.14: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Crimes Amendment (Protection of Children) Act 2014, No. 36/2014

Assent Date: 3.6.14
Commencement Date: S. 6(3) on 27.10.14: Special Gazette (No. 350) 7.10.14 p. 1; s. 7(4) on 27.10.14: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Victoria Police Amendment (Consequential and Other Matters) Act 2014 No. 37/2014

Assent Date: 3.6.14
Commencement Date: S. 10(Sch. item 18) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Vexatious Proceedings Act 2014, No. 42/2014

Assent Date: 17.6.14
Commencement Date: Ss 109–113 on 31.10.14: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Fines Reform Act 2014, No. 47/2014

Assent Date: 1.7.14
Commencement Date: Ss 252, 253 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date: 26.8.14
Commencement Date: Ss 132–139 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date: 2.9.14
Commencement Date: S. 140(Sch. 3 item 5) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014 (as amended by Nos 20/2015, 21/2015, 27/2015)

Assent Date: 9.9.14
Commencement Date: Ss 171, 172 on 10.9.14: s. 2(1); ss 122–137, 143–150, 152 on 21.1.15: Special Gazette (No. 10) 20.1.15 p. 1; ss 100–121, 138–142, 151 on 4.3.15: Special Gazette (No. 44) 3.3.15 p. 1; ss 4–99, 153, 154 on 1.3.16: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date: 9.9.14
Commencement Date: Ss 96–100 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014

Assent Date: 9.9.14
Commencement Date: S. 5(1) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Inquiries Act 2014, No. 67/2014

Assent Date: 23.9.14
Commencement Date: S. 147(Sch. 2 item 8) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Sentencing Amendment (Emergency Workers) Act 2014, No. 69/2014

Assent Date: 23.9.14
Commencement Date: Ss 9, 10 on 2.11.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Sex Offenders Registration Amendment Act 2014, No. 82/2014

Assent Date: 21.10.14
Commencement Date: S. 28 on 1.6.15: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Statute Law Revision Act 2015, No. 21/2015

Assent Date: 16.6.15
Commencement Date: S. 3(Sch. 1 item 9) on 1.7.14: s. 2(2)(a)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Judicial Entitlements Act 2015, No. 29/2015

Assent Date: 11.8.15
Commencement Date: S. 48 on 12.8.15: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children, Youth and Families Amendment (Aboriginal Principal Officers) Act 2015, No. 57/2015

Assent Date: 18.11.15
Commencement Date: S. 5 on 19.11.15: s. 2(1); ss 4, 6–10 on 4.1.16: Special Gazette (No. 426) 22.12.15 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Bail Amendment Act 2016, No. 1/2016

Assent Date: 16.2.16
Commencement Date: Ss 18(1)(2), 19–21 on 2.5.16: Special Gazette (No. 103) 19.4.16 p.1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date: 16.2.16
Commencement Date: Ss 9, 10, 51–55 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1; s. 8 on 1.7.16: Special Gazette (No. 204) 28.6.16 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children Legislation Amendment Act 2016, No. 8/2016

Assent Date: 15.3.16
Commencement Date: S. 21 on 1.3.16: s. 2(2); ss 3–20, 22 on 16.3.16: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date: 19.4.16
Commencement Date: Ss 186–188 on 1.7.17: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Sex Offenders Registration Amendment Act 2016, No. 21/2016

Assent Date: 26.4.16
Commencement Date: Ss 20, 21 on 1.2.17: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Crimes Legislation Amendment Act 2016, No. 28/2016

Assent Date: 31.5.16
Commencement Date: S. 11 on 1.6.16: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Fines Reform and Infringements Acts Amendment Act 2016, No. 29/2016

Assent Date: 31.5.16
Commencement Date: Ss 107(1), 108, 109(1), 110 on 1.7.17: s. 2(4); ss 107(2), 109(2) on 31.12.17: s. 2(5)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date: 18.10.16
Commencement Date: Ss 88–92 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016, No. 63/2016

Assent Date: 15.11.16
Commencement Date: Ss 14–18 on 1.1.17: Special Gazette (No. 381) 13.12.16 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017

Assent Date: 28.2.17
Commencement Date: S. 17(2) on 1.3.17: s. 2(1); ss 13, 14 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date: 14.6.17
Commencement Date: S. 32 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Bail Amendment (Stage One) Act 2017, No. 26/2017

Assent Date: 27.6.17
Commencement Date: S. 19 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Corrections Legislation Miscellaneous Amendment Act 2017, No. 31/2017

Assent Date: 15.8.17
Commencement Date: S. 64 on 1.2.18: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date: 29.8.17
Commencement Date: S. 64 on 1.5.18: s. 2(4)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017

Assent Date: 26.9.17
Commencement Date: Ss 30–33, 40, 52–57, 60, 61, 64(2) on 30.11.17: Special Gazette (No. 406) 30.11.17 p. 1; ss 59, 62, 63 on 20.12.17: Special Gazette (No. 406) 28.11.17 p. 1; ss 5, 22, 28, 29, 39 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1; ss 23, 24, 41–44 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1; ss 6, 7, 9–19, 65 on 1.6.18: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date: 26.9.17
Commencement Date: Ss 3, 4, 59 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Fines Reform Amendment Act 2017, No. 59/2017

Assent Date: 5.12.17
Commencement Date: S. 109 on 6.12.17: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Bail Amendment (Stage Two) Act 2018, No. 3/2018

Assent Date: 27.2.18
Commencement Date: S. 26 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1; s. 25 on 1.7.18: Special Gazette (No. 218) 15.5.18 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Victims) Act 2018, No. 5/2018

Assent Date: 27.2.18
Commencement Date: Ss 23, 24 on 28.2.18: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18
Commencement Date: S. 68(Sch. 2 item 20) on 1.3.19: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018 (as amended by No. 30/2019)

Assent Date: 10.4.18
Commencement Date: Ss 17–27 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1; s. 16 on 31.12.19: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018, No. 31/2018

Assent Date: 7.8.18
Commencement Date: Ss 70, 71 on 1.9.19: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018

Assent Date: 7.8.18
Commencement Date: Ss 100–103 on 8.8.18: s. 2(1); s. 113 on 1.10.18: s. 2(2); ss 104–112 on 30.11.18: Special Gazette (No. 497) 23.10.18 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date: 14.8.18
Commencement Date: Ss 3–13, 55–58 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Victims and Other Legislation Amendment Act 2018, No. 42/2018

Assent Date: 11.9.18
Commencement Date: S. 35 on 31.12.18: Special Gazette (No. 480) 16.10.18 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date: 25.9.18
Commencement Date: Ss 3, 4 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019

Assent Date: 26.3.19
Commencement Date: Ss 88–90 on 19.2.20: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Open Courts and Other Acts Amendment Act 2019, No. 11/2019

Assent Date: 7.5.19
Commencement Date: Ss 13, 14 on 7.2.20: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date: 25.6.19
Commencement Date: S. 254 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Births, Deaths and Marriages Registration Amendment Act 2019, No. 25/2019

Assent Date: 3.9.19
Commencement Date: Ss 21–25 on 1.5.20: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children Legislation Amendment Act 2019, No. 30/2019

Assent Date: 17.9.19
Commencement Date: Ss 3(1), 4–8, 11–14 on 18.9.19: s. 2(1); ss 3(2), 9, 10 on 17.2.20: Special Gazette (No. 49) 4.2.20 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children's Services Amendment Act 2019, No. 37/2019

Assent Date: 6.11.19
Commencement Date: S. 19 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Criminal Appeals) Act 2019, No. 44/2019 (as amended by No. 11/2021)

Assent Date: 19.11.19
Commencement Date: S. 18 on 20.11.19: s. 2(1); ss 3, 4 on 4.12.21: Special Gazette (No. 673) 30.11.21 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Serious Offenders and Other Matters) Act 2019, No. 45/2019

Assent Date: 19.11.19
Commencement Date: S. 47 on 20.11.19: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date: 24.4.20
Commencement Date: S. 25 on 25.4.20: s. 2
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020

Assent Date: 10.6.20
Commencement Date: Ss 11−14 on 1.7.20: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

North East Link Act 2020, No. 18/2020

Assent Date: 10.6.20
Commencement Date: S. 124 on 1.3.21: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date: 20.10.20
Commencement Date: Ss 7–10 on 21.10.20: s. 2
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Worker Screening Act 2020, No. 34/2020

Assent Date: 4.11.20
Commencement Date: Ss 180, 181 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020

Assent Date: 8.12.20
Commencement Date: Ss 49−53 on 26.4.21: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date: 23.3.21
Commencement Date: Ss 203, 204 on 24.3.21: s. 2(1); ss 30–43, 196 on 26.4.21: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)

Assent Date: 21.9.21
Commencement Date: Ss 351, 352 on 1.7.24: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Terrorism (Community Protection) Amendment Act 2021, No. 47/2021

Assent Date: 3.11.21
Commencement Date: S. 25 on 2.9.22: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021

Assent Date: 7.12.21
Commencement Date: Ss 22−24 on 8.12.21: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date: 15.2.22
Commencement Date: Ss 122, 123 on 16.2.22: s. 2(1); ss 40−62 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022, No. 11/2022

Assent Date: 29.3.22
Commencement Date: S. 5 on 30.3.22: s. 2
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date: 6.9.22
Commencement Date: Ss 789−794 on 1.9.23: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date: 27.6.23
Commencement Date: Ss 6–11, 14, 33–35, 64 on 28.6.23: s. 2(1); ss 3–5, 12, 13, 40–52 on 1.7.24: s. 2(3)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date: 10.10.23
Commencement Date: Ss 34–59 on 11.10.23: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Bail Amendment Act 2023, No. 28/2023

Assent Date: 24.10.23
Commencement Date: Ss 65, 117 on 25.3.24: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024

Assent Date: 5.3.24
Commencement Date: Ss 64−101 on 1.7.24: s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Youth Justice Act 2024, No. 32/2024

Assent Date: 10.9.24
Commencement Date: Ss 855, 856 on 16.10.24: Special Gazette (No. 557) 15.10.24 p. 1; ss 781–788 on 30.9.25 s. 2(2)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date: 20.5.25
Commencement Date: Ss 10, 11 on 21.5.25: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date: 5.8.25
Commencement Date: S. 106(Sch. 1 item 7) on 6.8.25: s. 2(1)
Current State: This information relates only to the provision/s amending the Children, Youth and Families Act 2005

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3   Explanatory details


[1] S. 274(b): The amendment proposed by section 72 of the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014 (repealed) is not included in this publication due to the earlier amendment by section 15 of that Act.

Section 72 read as follows:

72When Court may make order under this Part

In section 274(b) of the Principal Act, for "custody of" substitute "parental responsibility for".

[2] S. 328 (repealed): The amendment to section 328 proposed by section 41 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022 is not included in this publication due to the earlier repeal of section 328 by section 3 of the Justice Legislation Amendment (Criminal Appeals) Act 2019, No. 44/2019.

Section 41 read as follows:

41Appeal to County Court or Supreme Court

(1)In section 328(1) of the Children, Youth and Families Act 2005, for "President or the Chief Magistrate who is a dual commission holder, to the Trial Division of the Supreme Court against" substitute "President, to the Trial Division of the Supreme Court, or if constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal, against".

(2)In section 328(5) of the Children, Youth and Families Act 2005, after "to the Trial Division of the Supreme Court" insert "or to the Court of Appeal, as the case requires".

(3)In section 328(6)(h) of the Children, Youth and Families Act 2005 omit "Trial Division of".

[3] S. 362(1)(g): The amendment proposed by section 42(a) of the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017 (repealed) is not included in this publication because the word "child." does not appear in section 362(1)(g).

Section 42(a) read as follows:

42Matters to be taken into account

In section 362 of the Principal Act—

(a)in paragraph (g), for "child." substitute "child; and";

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