Children, Youth and Families (Children's Court Family Division) and Children's Court Criminal Procedure Amendment Rules 2024 (Vic)
Children, Youth and Families (Children's Court Family Division) and Children's Court Criminal Procedure Amendment Rules 2024
S.R. No. 20/2024
TABLE OF PROVISIONS
Rule Page
Part 1—Preliminary
1Objects
2Authorising provisions
3Commencement
4Principal Rules
Part 2—Amendment of Children, Youth and Families (Children's Court Family Division) Rules 2017
5Form 1—Application for temporary assessment order
6Form 2—Temporary assessment order
7Form 3—Application to vary or revoke a temporary assessment order made without notice
8Form 4—Application for therapeutic treatment order
9Form 5—Therapeutic treatment order
10Form 6—Application for therapeutic treatment (placement) order
11Form 7—Therapeutic treatment (placement) order
12Form 8—Application to vary or revoke a therapeutic treatment order or therapeutic treatment (placement) order
13Form 9—Application for extension of therapeutic treatment order or therapeutic treatment (placement) order
14Form 10—Protection application
15Form 11—Irreconcilable differences application
16Form 12—Interim accommodation order
17Form 13—Statement of placement availability
18Form 14—Application to vary an interim accommodation order or for a new interim accommodation order
19Form 15—Application to vary an interim accommodation order or for a new interim accommodation order—interim accommodation order made under section 262(1)(c)
20Form 16—Notice of hearing—breach of an interim accommodation order
21Form 17—Notice of hearing—breach of an interim accommodation order made under section 262(1)(c)
22Form 18—Undertaking—protective intervention
23Form 19—Undertaking—protection order
24Form 20—Application to vary or revoke an undertaking
25Form 21—Family preservation order
26Form 22—Family reunification order
27Form 23 amended
28Form 24—Care by Secretary order
29Form 25 amended
30Form 26—Long-term care order
31Form 27—Application for extension of a protection order
32Form 28—Application to vary or revoke a family preservation order or family reunification order
33Form 29—Application to vary a family reunification order without notice
34Form 30—Application to revoke a care by Secretary order
35Form 31—Application to revoke a long-term care order
36Form 32—Application to include conditions in a family preservation order (where care by Secretary order taken to be family preservation order)
37Form 33—Application for permanent care order
38Form 34—Permanent care order
39Form 35—Application to vary or revoke a permanent care order
40Form 36—Application for leave of the Court to make application to vary or revoke a permanent care order
41Form 37—Notice of hearing—breach of family preservation order
42Form 38—Application to restrict access to a report
43Form 39—Children's Court search warrant (emergency care)
44Form 40—Undertaking to appear or produce child—adjournment
45Form 41—Witness summons to attend to give evidence
46Form 41A—Witness summons to produce
47Form 41B—Witness summons to produce and to attend to give evidence
48Form 42—Application under section 534—publication of proceeding
49New Form 45 inserted
Part 3—Amendment of Children's Court Criminal Procedure Rules 2019
50Form 3—Witness summons
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Endnotes
STATUTORY RULES 2024
S.R. No. 20/2024
Children, Youth and Families Act 2005
Children, Youth and Families (Children's Court Family Division) and Children's Court Criminal Procedure Amendment Rules 2024
The President of the Children's Court together with 2 magistrates for that Court jointly make the following Rules:
PART 1—PRELIMINARY
1Objects
The objects of these Rules are—
(a)to amend the Children, Youth and Families (Children's Court Family Division) Rules 2017 to update the forms for use in proceedings in the Family Division of the Children's Court—
(i)to provide for a principal officer of an Aboriginal agency as a consequence of amendments made by the Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023; and
(ii)to accommodate certain applications being filed and issued electronically as a consequence of the introduction of a new case management system at the Children's Court; and
(iii)to make other minor and technical amendments; and
(b)to amend the form of a witness summons in the Children's Court Criminal Procedure Rules 2019 to provide for documents or things that contain confidential communications or protected health information.
2Authorising provisions
These Rules are made under section 588 of the Children, Youth and Families Act 2005 and all other enabling powers.
3Commencement
These Rules come into operation on 28 March 2024.
4Principal Rules
In these Rules, the Children, Youth and Families (Children's Court Family Division) Rules 2017[1] are called the Principal Rules.
PART 2—AMENDMENT OF CHILDREN, YOUTH AND FAMILIES (CHILDREN'S COURT FAMILY DIVISION) RULES 2017
5Form 1—Application for temporary assessment order
(1)In Form 1 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 1 of the Principal Rules, for—
"The Secretary—"
substitute—
"The *Secretary/*principal officer of an Aboriginal agency—".
(3)In Form 1 of the Principal Rules, for—
"The Secretary applies for—
*authorisation to enter the premises where the child is living;"
substitute—
"The *Secretary/*principal officer of an Aboriginal agency applies for—
*authorisation for the Secretary to enter the premises where the child is living;".
(4)In Form 1 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(5)In Form 1 of the Principal Rules, for "Secretary applies for leave" substitute "applicant applies for leave".
(6)In Form 1 of the Principal Rules, for "To the Applicant" substitute "To the applicant".
(7)In Form 1 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
6Form 2—Temporary assessment order
(1)In Form 2 of the Principal Rules, for all words and expressions beginning "Date of Birth—" and ending "Phone—" substitute—
"Date of birth—
Applicant's name—
Email—
Agency—
Address—
Phone—".
(2)In Form 2 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(3)In Form 2 of the Principal Rules, for "Interviews with the Secretary" substitute "Interviews".
7Form 3—Application to vary or revoke a temporary assessment order made without notice
(1)In Form 3 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 3 of the Principal Rules, for—
"On the application of— [full name]
Agency and address—
Phone—"
substitute—
"On the application of— [full name of the person who applied for the temporary assessment order]
Agency and address—".
(3)In Form 3 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"Applicant's name:
Email:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(4)In Form 3 of the Principal Rules, for all words and expressions beginning "Notice to parties" and ending "Registrar" substitute—
"Notice to the parties
To the applicant—You must come to the hearing of this application.
To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
8Form 4—Application for therapeutic treatment order
(1)In Form 4 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 4 of the Principal Rules, for all words and expressions beginning "The Secretary is satisfied" and ending "[Signature]" substitute—
"The *Secretary/*principal officer of an Aboriginal agency is satisfied on the following grounds that the child is in need of therapeutic treatment— [set out the grounds].
This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(3)In Form 4 of the Principal Rules, for "To the Applicant" substitute "To the applicant".
(4)In Form 4 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
9Form 5—Therapeutic treatment order
(1)In Form 5 of the Principal Rules, for all words and expressions beginning "Date of Birth—" and ending "Phone—" substitute—
"Date of birth—
Applicant's name—
Email—
Agency—
Address—
Phone—".
(2)In Form 5 of the Principal Rules omit all words and expressions beginning "*[Name]" and ending "given to the Secretary.".
(3)In Form 5 of the Principal Rules, for—
"*Any other conditions [specify]"
substitute—
"*[Specify any conditions]".
(4)In Form 5 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
10Form 6—Application for therapeutic treatment (placement) order
(1)In Form 6 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 6 of the Principal Rules, for "The Children's Court at [venue] on [date]" substitute "*The Children's Court at [venue] on [date]".
(3)In Form 6 of the Principal Rules, for all words and expressions beginning "The Secretary applies" and ending "[Signature]" substitute—
"The *Secretary/*principal officer of an Aboriginal agency applies for a therapeutic treatment (placement) order on the following grounds— [set out the grounds].
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(4)In Form 6 of the Principal Rules, for "To the Applicant" substitute "To the applicant".
(5)In Form 6 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
11Form 7—Therapeutic treatment (placement) order
(1)In Form 7 of the Principal Rules, for all words and expressions beginning "Date of Birth—" and ending "Phone—" substitute—
"Date of birth—
Applicant's name—
Email—
Agency—
Address—
Phone—".
(2)In Form 7 of the Principal Rules, for "made a therapeutic treatment (placement)" substitute "has made a therapeutic treatment".
(3)In Form 7 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
12Form 8—Application to vary or revoke a therapeutic treatment order or therapeutic treatment (placement) order
(1)In Form 8 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 8 of the Principal Rules omit "Phone—" (where first occurring).
(3)In Form 8 of the Principal Rules, for all words and expressions beginning "This application is made by—" and ending "Registrar" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
*the child.
*a parent of the child.
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
13Form 9—Application for extension of therapeutic treatment order or therapeutic treatment (placement) order
(1)In Form 9 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 9 of the Principal Rules, for "The Secretary applies" substitute "This application is".
(3)In Form 9 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(4)In Form 9 of the Principal Rules—
(a)for "to parties" substitute "to the parties";
(b)for "To the Applicant" substitute "To the applicant".
(5)In Form 9 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
14Form 10—Protection application
(1)In Form 10 of the Principal Rules, for "Birth" substitute "birth".
(2)In Form 10 of the Principal Rules, for "his or her" substitute "the child's".
(3)In Form 10 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(4)In Form 10 of the Principal Rules—
(a)for "to parties" substitute "to the parties";
(b)for "To the Applicant" substitute "To the applicant".
(5)In Form 10 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
15Form 11—Irreconcilable differences application
(1)In Form 11 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 11 of the Principal Rules, for all words and expressions beginning "Name of Parent" and ending "[state relationship]" substitute—
"Name of parent or person who has parental responsibility—
Address—
Relationship to the child— [state relationship: e.g. mother, father, person who has parental responsibility]".
(3)In Form 11 of the Principal Rules, for all words and expressions beginning "*If the applicant is a person" and ending "Registrar" substitute—
"*If the applicant is the child
I believe that there is a substantial and presently irreconcilable difference between me and the person who has parental responsibility for me to such an extent that my care and control are likely to be seriously disrupted.
*If the applicant is a person who has parental responsibility for the child
I believe that there is a substantial and presently irreconcilable difference between the child and me to such an extent that the care and control of the child are likely to be seriously disrupted.
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
To the parent(s) or person who has parental responsibility for the child—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
16Form 12—Interim accommodation order
(1)In Form 12 of the Principal Rules, for—
"Date of Birth—
Address—
Applicant's name—
Agency and address—
Phone—"
substitute—
"Date of birth—".
(2)In Form 12 of the Principal Rules omit "insert".
(3)In Form 12 of the Principal Rules, for "person/are" substitute "person/*are".
(4)In Form 12 of the Principal Rules, for "the resumption of," substitute "the resumption of".
(5)In Form 12 of the Principal Rules, for "out‑of‑home care service" substitute "out‑of‑home care service, [specify name and address],".
(6)In Form 12 of the Principal Rules, for "secure welfare service" substitute "secure welfare service, [specify name and address],".
(7)In Form 12 of the Principal Rules, for "declared hospital" substitute "declared hospital, [specify name and address],".
(8)In Form 12 of the Principal Rules, for "disability service provider" substitute "disability service provider, [specify name and address],".
(9)In Form 12 of the Principal Rules, for "registered NDIS provider" substitute "registered NDIS provider, [specify name and address],".
(10)In Form 12 of the Principal Rules, for "declared parent and baby unit" substitute "declared parent and baby unit, [specify name and address],".
(11)In Form 12 of the Principal Rules, for "apply to this Order" substitute "apply to this order".
(12)In Form 12 of the Principal Rules, for—
"*Judge/*Magistrate/*Bail Justice"
substitute—
"*[if order is made by a judicial officer]
[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]
*Order notations:
*[if order is made by a bail justice]
[name of bail justice]
Bail Justice".
17Form 13—Statement of placement availability
(1)In Form 13 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 13 of the Principal Rules, before "hospital" (where twice occurring) insert "declared".
18Form 14—Application to vary an interim accommodation order or for a new interim accommodation order
(1)In Form 14 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 14 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"This application is made by—
*the child.
*a parent of the child.
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(3)In Form 14 of the Principal Rules, for all words and expressions beginning "Notice to parties" and ending "Registrar" substitute—
"Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
19Form 15—Application to vary an interim accommodation order or for a new interim accommodation order—interim accommodation order made under section 262(1)(c)
(1)In Form 15 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 15 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"This application is made by—
*the child.
*a parent of the child.
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(3)In Form 15 of the Principal Rules, for all words and expressions beginning "Notice to parties" and ending "Registrar" substitute—
"Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are directed to appear at Court for the hearing of this application.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
20Form 16—Notice of hearing—breach of an interim accommodation order
(1)In Form 16 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 16 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(3)In Form 16 of the Principal Rules—
(a)for "to parties" substitute "to the parties";
(b)for "To the Applicant" substitute "To the applicant".
(4)In Form 16 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
21Form 17—Notice of hearing—breach of an interim accommodation order made under section 262(1)(c)
(1)In Form 17 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 17 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(3)In Form 17 of the Principal Rules—
(a)for "to parties" substitute "to the parties";
(b)for "To the Applicant" substitute "To the applicant";
(c)omit—
"*To the parent(s) or other person with whom the child is living—You are directed to produce the child at Court for the hearing of this application.".
(4)In Form 17 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
22Form 18—Undertaking—protective intervention
(1)In Form 18 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 18 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(3)In Form 18 of the Principal Rules, before—
"* Delete if not applicable"
insert—
"*Order notations:".
23Form 19—Undertaking—protection order
(1)In Form 19 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 19 of the Principal Rules, for "*has found/*finds" (where twice occurring) substitute "finds".
(3)In Form 19 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(4)In Form 19 of the Principal Rules, before—
"* Delete if not applicable"
insert—
"*Order notations:".
24Form 20—Application to vary or revoke an undertaking
(1)In Form 20 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 20 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "Registrar" substitute—
"This application is made by—
*the child.
*a parent of the child.
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s) or person with whom the child is living—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
25Form 21—Family preservation order
(1)In Form 21 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 21 of the Principal Rules, for "*has found/*finds" (where twice occurring) substitute "finds".
(3)In Form 21 of the Principal Rules, for—
"*The Children's Court grants an application to vary the condition(s) of the current family preservation order in respect of the child."
substitute—
"*The Children's Court grants an application to vary the current family preservation order in respect of the child or any of its conditions.".
(4)In Form 21 of the Principal Rules omit "by the Secretary".
(5)In Form 21 of the Principal Rules, for—
"*The Court orders that the condition(s) of the current family preservation order be varied."
substitute—
"*The Court orders that the current family preservation order be varied [set out details of the variation].
*The Court orders that the condition(s) of the current family preservation order be varied [set out details of the variation].".
(6)In Form 21 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(7)In Form 21 of the Principal Rules, before—
"* Delete if not applicable"
insert—
"*Order notations:".
26Form 22—Family reunification order
(1)In Form 22 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 22 of the Principal Rules, for "*has found/*finds" (where twice occurring) substitute "finds".
(3)In Form 22 of the Principal Rules, for—
"*The Children's Court grants an application to vary the condition(s) of the current family reunification order in respect of the child."
substitute—
"*The Children's Court grants an application to vary the current family reunification order in respect of the child or any of its conditions.".
(4)In Form 22 of the Principal Rules, for—
"*The Court orders that the condition(s) of the current family reunification order be varied."
substitute—
"*The Court orders that the current family reunification order be varied [set out details of the variation].
*The Court orders that the condition(s) of the current family reunification order be varied [set out details of the variation].".
(5)In Form 22 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(6)In Form 22 of the Principal Rules, before—
"* Delete if not applicable"
insert—
"*Order notations:".
(7)In Form 22 of the Principal Rules, for "date of the direction" substitute "date of the direction, the order ceases to be a family reunification order for the purposes of the Act and".
27Form 23 amended
(1)In the heading to Form 23 of the Principal Rules, for "Application by Secretary" substitute "Application".
(2)In Form 23 of the Principal Rules, for "APPLICATION BY SECRETARY" substitute "APPLICATION".
(3)In Form 23 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(4)In Form 23 of the Principal Rules, for "*The Secretary has directed that on [date]" substitute "*A direction was given on [date] that".
(5)In Form 23 of the Principal Rules, for all words and expressions beginning "The Secretary applies for a care by Secretary order." and ending "[Signature]" substitute—
"The *Secretary/*principal officer of an Aboriginal agency applies for a care by Secretary order.
The grounds for the application are— [set out grounds]
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(6)In Form 23 of the Principal Rules, for "To the Applicant" substitute "To the applicant".
(7)In Form 23 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
28Form 24—Care by Secretary order
(1)In Form 24 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 24 of the Principal Rules, for "*has found/*finds" (where twice occurring) substitute "finds".
(3)In Form 24 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(4)In Form 24 of the Principal Rules, before—
"* Delete if not applicable"
insert—
"*Order notations:".
(5)In Form 24 of the Principal Rules, for "date of the direction" substitute "date of the direction, the order ceases to be a care by Secretary order for the purposes of the Act and".
29Form 25 amended
(1)In the heading to Form 25 of the Principal Rules omit "by Secretary".
(2)In Form 25 of the Principal Rules, for "APPLICATION BY SECRETARY" substitute "APPLICATION".
(3)In Form 25 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(4)In Form 25 of the Principal Rules, for "*The Secretary has directed that on [date]" substitute "*A direction was given on [date] that".
(5)In Form 25 of the Principal Rules, for all words and expressions beginning "The Secretary applies for a long-term care order." and ending "Date—" (where first occurring) substitute—
"The *Secretary/*principal officer of an Aboriginal agency applies for a long-term care order.
The grounds for the application are— [set out grounds]
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(6)In Form 25 of the Principal Rules, for "To the Applicant" substitute "To the applicant".
(7)In Form 25 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
30Form 26—Long-term care order
(1)In Form 26 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 26 of the Principal Rules, for "*has found/*finds" (where twice occurring) substitute "finds".
(3)In Form 26 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(4)In Form 26 of the Principal Rules, before—
"* Delete if not applicable"
insert—
"*Order notations:".
31Form 27—Application for extension of a protection order
(1)In Form 27 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 27 of the Principal Rules, for "*The Secretary has directed that on [date]" substitute "*A direction was given on [date] that".
(3)In Form 27 of the Principal Rules, for "The Secretary applies" substitute "The *Secretary/*principal officer of an Aboriginal agency applies".
(4)In Form 27 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(5)In Form 27 of the Principal Rules—
(a)for "Notice to parties" substitute "Notice to the parties";
(b)for "To the Applicant" substitute "To the applicant".
(6)In Form 27 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
32Form 28—Application to vary or revoke a family preservation order or family reunification order
(1)In Form 28 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 28 of the Principal Rules, for "*The Secretary has directed that on [date]" substitute "*A direction was given on [date] that".
(3)In Form 28 of the Principal Rules, for all words and expressions beginning "This application is made by—" and ending "Registrar" substitute—
"This application is made by—
*the child.
*a parent of the child.
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
33Form 29—Application to vary a family reunification order without notice
(1)In Form 29 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 29 of the Principal Rules, for "The Secretary is satisfied" substitute "The *Secretary/*principal officer of an Aboriginal agency is satisfied".
(3)In Form 29 of the Principal Rules, for all words and expressions beginning "This application is made by" and ending "[Signature]" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(4)In Form 29 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
34Form 30—Application to revoke a care by Secretary order
(1)In Form 30 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 30 of the Principal Rules, for all words and expressions beginning "This application is made by—" and ending "Registrar" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
*the child.
*a parent of the child.
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
35Form 31—Application to revoke a long-term care order
(1)In Form 31 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 31 of the Principal Rules, for all words and expressions beginning "This application is made by—" and ending "Registrar" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
*the child.
*a parent of the child.
[If this application is made by a parent of the child and the order has been in force for more than 12 months]:
*I apply for leave pursuant to section 306(3) of the Act to make this application.
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
36Form 32—Application to include conditions in a family preservation order (where care by Secretary order taken to be family preservation order)
(1)In Form 32 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 32 of the Principal Rules, for "The Secretary on [date] directed" substitute "A direction was given on [date]".
(3)In Form 32 of the Principal Rules, for all words and expressions beginning "This application is made by" and ending "[Signature]" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(4)In Form 32 of the Principal Rules—
(a)for "Notice to parties" substitute "Notice to the parties";
(b)for "To the Applicant" substitute "To the applicant".
(5)In Form 32 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
37Form 33—Application for permanent care order
(1)In Form 33 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 33 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "Relationship of proposed carer(s) to child—" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
Name of parent 1—
Address—
*Name of parent [repeat for any other parents]—
*Address—
Name of proposed carer 1—
Address—
*Name of proposed carer [repeat for any other proposed carers]—
*Address—
Relationship of proposed carer(s) to child—".
(3)In Form 33 of the Principal Rules—
(a)for "Notice to parties" substitute "Notice to the parties";
(b)for "To the Applicant" substitute "To the applicant".
(4)In Form 33 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
38Form 34—Permanent care order
(1)In Form 34 of the Principal Rules, for—
"Date of Birth—
Address—
Name of child's mother—
Address—
Name of child's father—
Address—"
substitute—
"Date of birth—
Name of parent 1—
Address—
*Name of parent [repeat for any other parents]—
*Address—".
(2)In Form 34 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(3)In Form 34 of the Principal Rules, before—
"* Delete if not applicable"
insert—
"*Order notations:".
39Form 35—Application to vary or revoke a permanent care order
(1)In Form 35 of the Principal Rules, for—
"Date of Birth—
Address—
Applicant's name—
Agency and address—
Phone—"
substitute—
"Date of birth—".
(2)In Form 35 of the Principal Rules omit "and addresses".
(3)In Form 35 of the Principal Rules, for all words and expressions beginning "The application is made by—" and ending "[Signature]" substitute—
"The application is made by—
*the child.
*a permanent care parent of the child.
*the Secretary.
*the principal officer of an Aboriginal agency.
*a sibling of the child [application to vary the order only].
*a parent who does not have parental responsibility for the child [must have leave of the Court to make the application: see Form 36].
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(4)In Form 35 of the Principal Rules, for all words and expressions beginning "To the Applicant" and ending "Registrar" substitute—
"To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s) and permanent care parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing of the application
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
40Form 36—Application for leave of the Court to make application to vary or revoke a permanent care order
(1)In Form 36 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 36 of the Principal Rules, for—
"Applicant's name—
Address—
Phone—"
substitute—
"Applicant's name:
Email:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:".
(3)In Form 36 of the Principal Rules, for "*I [name" substitute "I [name".
(4)In Form 36 of the Principal Rules omit "and addresses".
(5)In Form 36 of the Principal Rules, for—
"Date—
[Signature]"
substitute—
"Date of application—
[signature of applicant or applicant's legal representative]".
(6)In Form 36 of the Principal Rules, for all words and expressions beginning "Notice to parties" and ending "Registrar" substitute—
"Notice to the parties
The applicant must come to the hearing of the application for leave.
The *Secretary/*principal officer of [name of Aboriginal agency] should come to the hearing of the application for leave.
*Details of the hearing of the application for leave
A hearing of the application for leave to make an application to vary or revoke the permanent care order will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
41Form 37—Notice of hearing—breach of family preservation order
(1)In Form 37 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 37 of the Principal Rules, for "*The Secretary has directed that on [date]" substitute "*A direction was given on [date] that".
(3)In Form 37 of the Principal Rules, for "condition of the order" substitute "condition of the order—".
(4)In Form 37 of the Principal Rules, for "by the Secretary under section 282(2)" substitute "under section 282(2)".
(5)In Form 37 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"This application is made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(6)In Form 37 of the Principal Rules—
(a)for "Notice to parties" substitute "Notice to the parties";
(b)for "To the Applicant" substitute "To the applicant".
(7)In Form 37 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
42Form 38—Application to restrict access to a report
(1)In Form 38 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 38 of the Principal Rules, for "the Secretary to submit to the Court the following report concerning the child named above" substitute "the following report concerning the child named above to be submitted to the Court".
(3)In Form 38 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "[Signature]" substitute—
"Applicant's name:
Email:
Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]".
(4)In Form 38 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
43Form 39—Children's Court search warrant (emergency care)
(1)In Form 39 of the Principal Rules, for—
"To [name of a member of the police force] or [all members of the police force]"
substitute—
"To *[name of police officer]/*all police officers".
(2)In Form 39 of the Principal Rules, for—
"AND if the warrant is issued under section 237 of the Act,
to bring the child to the Secretary of the Department of Health and Human Services to enable the Secretary to exercise his or her powers under the temporary assessment order."
substitute—
"AND
*if the warrant is issued under section 237 of the Act,
to bring the child to the *Secretary of the Department of Families, Fairness and Housing/*principal officer of [name of Aboriginal agency], to enable that person to exercise their powers under the temporary assessment order.".
(3)In Form 39 of the Principal Rules, for "AND if the warrant is issued under section 241" substitute "*if the warrant is issued under section 241".
(4)In Form 39 of the Principal Rules, for "OR if" (wherever occurring) substitute "*if".
(5)In Form 39 of the Principal Rules, for "member of the police force who executed this warrant or another member of the police force must take the child to the place specified in this warrant or, if no place is specified, to a place determined by the Secretary of the Department of Health and Human Services" substitute "police officer who executed this warrant or another police officer must take the child to the place specified in this warrant or, if no place is specified, to a place determined by the *Secretary of the Department of Families, Fairness and Housing/*principal officer of [name of Aboriginal agency]".
(6)In Form 39 of the Principal Rules, after "child may be released on an interim accommodation order" insert "of the type referred to in *section 263(1)(a)/*section 263(1)(b) of the Act".
(7)In Form 39 of the Principal Rules, for "insert time" substitute "time".
(8)In Form 39 of the Principal Rules, after—
"*The child is to appear for the further hearing of this matter at the Children's Court."
insert—
"THIS WARRANT MUST NOT BE COPIED".
(9)In Form 39 of the Principal Rules, for all words and expressions beginning "Applicant's name—" and ending "registrar" substitute—
"The application for this warrant was made by—
*the Secretary.
*the principal officer of an Aboriginal agency.
Applicant's name:
Email:
Agency:
Address:
Phone:
Issued at:
Date:
Time:
[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
44Form 40—Undertaking to appear or produce child—adjournment
(1)In Form 40 of the Principal Rules, for—
"Date of Birth—
Address—"
substitute—
"Date of birth—".
(2)In Form 40 of the Principal Rules, for—
"*Judge/*Magistrate"
substitute—
"[name of judicial officer]
*Judge/*Magistrate/*Judicial registrar
[Court seal]".
(3)In Form 40 of the Principal Rules, before—
"* Delete if not applicable"
insert—
"*Order notations:".
45Form 41—Witness summons to attend to give evidence
(1)In Form 41 of the Principal Rules, for all words and expressions beginning "Name of applicant—" and ending "Phone—" substitute—
"Applicant's name:
Email:
*Agency:
Address:
Phone:
*The application for this witness summons is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:".
(2)In Form 41 of the Principal Rules, for—
"Date:
[Seal of the Court]"
substitute—
"*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar], [Court seal].
Date of issue:".
46Form 41A—Witness summons to produce
(1)In Form 41A of the Principal Rules, for all words and expressions beginning "Name of applicant—" and ending "Phone—" substitute—
"Applicant's name:
Email:
*Agency:
Address:
Phone:
*The application for this witness summons is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:".
(2)In Form 41A of the Principal Rules, for—
"Date:
[Seal of the Court]"
substitute—
"*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar], [Court seal].
Date of issue:".
(3)In Form 41A of the Principal Rules—
(a)for "to the registry" substitute "to the Court by electronic communication or";
(b)for "things to registrar" substitute "things to the Court";
(c)for "to the registrar" substitute "to the Court";
(d)for "provided on a USB" substitute "provided by electronic communication or on a USB".
47Form 41B—Witness summons to produce and to attend to give evidence
(1)In Form 41B of the Principal Rules, for all words and expressions beginning "Name of applicant—" and ending "Phone—" substitute—
"Applicant's name:
Email:
*Agency:
Address:
Phone:
*The application for this witness summons is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:".
(2)In Form 41B of the Principal Rules, for—
"Date:
[Seal of the Court]"
substitute—
"*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar], [Court seal].
Date of issue:".
(3)In Form 41B of the Principal Rules—
(a)for "to the registry" substitute "to the Court by electronic communication or";
(b)for "things to registrar" substitute "things to the Court";
(c)for "to the registrar" (where twice occurring) substitute "to the Court";
(d)for "provided on a USB" substitute "provided by electronic communication or on a USB".
48Form 42—Application under section 534—publication of proceeding
(1)In Form 42 of the Principal Rules, for all words and expressions beginning "In the matter of" and ending "following orders:" substitute—
"In the matter of an application by—
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
The applicant applies to the Children's Court for the following orders—".
(2)In Form 42 of the Principal Rules, for all words and expressions beginning "A hearing of this application" and ending "Registrar" substitute—
"A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—".
49New Form 45 inserted
After Form 44 of the Principal Rules insert—
"Form 45—General application
Rule 6
GENERAL APPLICATION
Children, Youth and Families Act 2005
Court Ref.—
Name of Child—
Gender—
Date of birth—
Details of the application
This application is made by [name] who is the [relationship to the child].
The applicant applies to— [specify nature of application]
The grounds for the application are— [set out grounds]
Applicant's name:
Email:
*Agency:
Address:
Phone:
*This application is filed by the applicant's legal representative—
Name:
Email:
Agency or firm:
Address:
Phone:
Date of application—
[signature of applicant or applicant's legal representative]
Notice to the parties
To the applicant—You must come to the hearing of this application.
*To the *Secretary/*principal officer—You must come to the hearing of this application.
*To the child—You are not required to come to the hearing of this application unless you wish to do so.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing
A hearing of this application will be held at [time and date] at the Children's Court at [venue name and address].
*Issued by the Children's Court [Court seal].
*Issued at [place] by Registrar [name and signature of registrar].
Date of issue—
* Delete if not applicable".
PART 3—AMENDMENT OF CHILDREN'S COURT CRIMINAL PROCEDURE RULES 2019
50Form 3—Witness summons
In Form 3 of the Children's Court Criminal Procedure Rules 2019[2], after—
"* produce at the hearing the following documents or things that are in your possession or control—
[specify documents or things]"
insert—
"*If a document or thing specified above may contain a confidential communication or protected health information within the meaning of Division 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958, that document or thing is not to be produced.".
Dated: 26 March 2024
JACK VANDERSTEEN
President, Children's Court of VictoriaJENNIFER BOWLES,
Magistrate, Children's Court of VictoriaMELISSA STEAD,
Magistrate, Children's Court of Victoria
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ENDNOTES
[1] Rule 4: S.R. No. 20/2017 as amended by S.R. Nos 185/2018, 3/2019, 100/2022 and 70/2023.
[2] Rule 50: S.R. No. 161/2019 as amended by S.R. Nos 85/2020, 127/2020 and 100/2022.
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