Children, Youth and Families Amendment (Bail) Regulations 2018 (Vic)

Children, Youth and Families Amendment (Bail) Regulations 2018

S.R. No. 53/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Remand in custody and placement of child—prescribed regions

6Remand in custody and placement of child—prescribed regions

7Schedule 3 amended

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Endnotes

STATUTORY RULES 2018

S.R. No. 53/2018

Children, Youth and Families Act 2005

Children, Youth and Families Amendment (Bail) Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 15 May 2018

Responsible Minister:

MARTIN PAKULA
Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Children, Youth and Families Regulations 2017 to make changes relating to the placement of children in custody consequential to the enactment of the Bail Amendment (Stage One) Act 2017 and the Bail Amendment (Stage Two) Act 2018.

2Authorising provision

These Regulations are made under section 600 of the Children, Youth and Families Act 2005.

3Commencement

(1)These Regulations, except regulations 6 and 7, come into operation on 21 May 2018.

(2)Regulations 6 and 7 come into operation on

1 July 2018.

4Principal Regulations

In these Regulations, the Children, Youth and Families Regulations 2017[1] are called the Principal Regulations.

5Remand in custody and placement of child—prescribed regions

(1)In the Note at the foot of regulation 23(1) of the Principal Regulations, for "section 12(1A)(b)" substitute "section 10A(6)(b)(ii)".

(2)In regulation 23(2) of the Principal Regulations, for "subsection (1)" substitute "subregulation (1)".

6Remand in custody and placement of child—prescribed regions

(1)In regulation 23(1) of the Principal Regulations, for "section 347(1)" substitute "sections 346(3)(b) and 347(1)".

(2)After regulation 23(2) of the Principal Regulations insert—

"(3)For the purposes of section 347(1A) of the Act, a child may be detained in a police gaol if the proper venue of the Court is in a region of the State prescribed under subregulation (1) and the period of detention is not more than 2 working days.".

7Schedule 3 amended

In Schedule 3 to the Principal Regulations, for "Section 347(1)" substitute "Sections 346(3)(b) and 347(1) and (1A)".

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Endnotes

[1] Reg. 4: S.R. No. 19/2017 as amended by S.R. Nos 5/2018 and 8/2018.