Children, Youth and Families (Children's Court Family Division) Rules 2017 (Vic)

Version No. 005

Children, Youth and Families (Children's Court Family Division) Rules 2017

S.R. No. 20/2017

Version incorporating amendments as at

28 March 2024

TABLE OF PROVISIONS

Rule Page

1Object
2Authorising provisions
3Commencement
4Revocation
5Definitions
6Forms
7Statement of placement availability—Form 13
8Search warrant (emergency care)—Form 39
9Witness summons
9AACopy of witness summons to be served on each party
9ASetting aside or other relief
9BCopies and electronic form of documents may be produced
9CProduction other than upon attendance
9DObjection by addressee or other person
9EObjection by party to inspection by other party
9FProcedure after objection
9GRemoval, return, inspection, copying and disposal of documents
9HDisposal of documents and things produced
10Application to the Court—publication of proceedings

Form 1—Application for temporary assessment order

Form 2—Temporary assessment order

Form 3—Application to vary or revoke a temporary assessment order made without notice

Form 4—Application for therapeutic treatment order

Form 5—Therapeutic treatment order

Form 6—Application for therapeutic treatment (placement) order

Form 7—Therapeutic treatment (placement) order

Form 8—Application to vary or revoke a therapeutic treatment order or therapeutic treatment (placement) order

Form 9—Application for extension of therapeutic treatment order or therapeutic treatment (placement) order

Form 10—Protection application

Form 11—Irreconcilable differences application

Form 12—Interim accommodation order

Form 13—Statement of placement availability

Form 14—Application to vary an interim accommodation order or for a new interim accommodation order

Form 15—Application to vary an interim accommodation order or for a new interim accommodation order—interim accommodation order made under section 262(1)(c)

Form 16—Notice of hearing—breach of an interim accommodation order

Form 17—Notice of hearing—breach of an interim accommodation order made under section 262(1)(c)

Form 18—Undertaking—protective intervention

Form 19—Undertaking—protection order

Form 20—Application to vary or revoke an undertaking

Form 21—Family preservation order

Form 22—Family reunification order

Form 23—Application for care by Secretary order

Form 24—Care by Secretary order

Form 25—Application for long-term care order

Form 26—Long-term care order

Form 27—Application for extension of a protection order

Form 28—Application to vary or revoke a family preservation order or family reunification order

Form 29—Application to vary a family reunification order without notice

Form 30—Application to revoke a care by Secretary order

Form 31—Application to revoke a long-term care order

Form 32—Application to include conditions in a family preservation order (where care by Secretary order taken to be family preservation order)

Form 33—Application for permanent care order

Form 34—Permanent care order

Form 35—Application to vary or revoke a permanent care order

Form 36—Application for leave of the Court to make application to vary or revoke a permanent care order

Form 37—Notice of hearing—breach of family preservation order

Form 38—Application to restrict access to a report

Form 39—Children's Court search warrant (emergency care)

Form 40—Undertaking to appear or produce child—adjournment

Form 41—Witness summons to attend to give evidence

Form 41A—Witness summons to produce

Form 41B—Witness summons to produce and to attend to give evidence

Form 42—Application under section 534—publication of proceeding

Form 43—Affidavit of service

Form 44—Declaration of service

Form 45—General application

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 005

Children, Youth and Families (Children's Court Family Division) Rules 2017

S.R. No. 20/2017

Version incorporating amendments as at

28 March 2024

1Object
The object of these Rules is to prescribe certain matters and forms for the purposes of the Family Division of the Court.
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 18 April 2017.
4Revocation
The following Rules are revoked—
(a)Children, Youth and Families (Children's Court Family Division) Rules 2007[1];
(b)Children, Youth and Families (Children's Court Family Division) (Amendment No. 1) Rules 2009[2];
(c)Children, Youth and Families (Children's Court Family Division) (Amendment No. 2) Rules 2010[3];
(d)Children, Youth and Families (Children's Court Family Division) (Amendment No. 3) Rules 2013[4];
(e)Children, Youth and Families (Children's Court Family Division) (Amendment No. 4) Rules 2013[5];
(f)Children, Youth and Families (Children's Court Family Division) (Amendment No. 5) Rules 2016[6];
(g)Children, Youth and Families (Children's Court Family Division) (Amendment No. 6) Rules 2016[7].

5Definitions

In these Rules—
addressee means the person who is the subject of the order expressed in the witness summons;

issuing party means the party at whose request a witness summons is issued;

the Actmeans the Children, Youth and Families Act 2005;

witness summons means an order in writing requiring the addressee—
(a)to attend to give evidence; or
(b)to produce the witness summons or a copy of it and a document or thing; or
(c)to do both of the things in paragraphs (a) and (b);

witness summons to attend to give evidence means a witness summons requiring the addressee to attend to give evidence;

witness summons to produce means a witness summons requiring the addressee to produce the witness summons or a copy of it and a document or thing;

witness summons to produce and to attend to give evidence means a witness summons requiring the addressee—
(a)to produce the witness summons or a copy of it and a document or thing; and
(b)to attend to give evidence.

6Forms
The forms in these Rules must be used for or with respect to proceedings in the Family Division of the Court.
7Statement of placement availability—Form 13
For the purposes of section 263(1)(f) and (g) of the Act, a statement of placement availability is in the prescribed form if it is in the form of Form 13.
8Search warrant (emergency care)—Form 39
A search warrant for the purposes of the Act must be in Form 39.

9Witness summons
(1)A witness summons must be in the following form—
(a)for a witness summons to attend to give evidence, Form 41;
(b)for a witness summons to produce, Form 41A;
(c)for a witness summons to produce and to attend to give evidence, Form 41B.

(2)A witness summons to give evidence or to give evidence and produce documents or things must be directed to one person.

9AACopy of witness summons to be served on each party
(1)Unless the Court orders otherwise, the issuing party must serve a copy of a witness summons on each party, other than a child, as soon as practicable after the witness summons has been served on the addressee, but it is not necessary that the copy be signed or served personally.
(2)If a child is legally represented in a proceeding, a copy of the witness summons must be served on the child's legal representative, unless the Court orders otherwise.

9ASetting aside or other relief
(1)The Court, on its own motion or on the application of a party or any person having a sufficient interest, may—
(a)set aside a witness summons in whole or in part; or
(b)grant other relief in respect of it.

(2)An application made under subrule (1) must be made on notice to the issuing party.
(3)The Court may order that the applicant give notice of the application to any other party or any other person having a sufficient interest.
9BCopies and electronic form of documents may be produced
(1)Unless a witness summons specifically requires the production of the original, an addressee may produce a copy of a document required to be produced by a witness summons.
(2)A copy of a document may be—
(a)a photocopy; or
(b)in an electronic form on a USB or CD-ROM in any of the following formats—

(i).doc and .docx—Microsoft Word documents;
(ii).pdf—Adobe Acrobat documents;
(iii).xls and .xlsx—Microsoft Excel spreadsheets;
(iv).jpg—image files;
(v).rtf—rich text format;
(vi).gif—graphics interchange format;

(vii).tif—tagged image format; or

* * * * *

(c)in any other appropriate form or format, or on any other appropriate form of storage—
(i)directed or ordered by the Court; or
(ii)in accordance with any relevant practice direction, statement or note.

(3)Even if a witness summons specifically requires the production of the original document, the addressee, with the consent of the issuing party, may produce a copy, instead of the original, of the document required to be produced.

9CProduction other than upon attendance
If an addressee produces more than one document or thing to the registrar, the addressee must provide a list of the documents or things produced, if requested to do so by the registrar.

9DObjection by addressee or other person
(1)This Rule applies if the addressee, or a person having sufficient interest other than a party, has any objection—
(a)to producing a document or thing identified in the witness summons; or
(b)to a document or thing identified in the witness summons being inspected by any one or more of the parties to the proceeding.

(2)Before the return date specified in the witness summons, the addressee or person—
(a)may notify the registrar in writing of the objection; and
(b)must state the grounds of that objection.

9EObjection by party to inspection by other party
(1)Subject to subrule (2), if a party has any objection to the inspection by another party of a document identified in the witness summons, before the return date specified in the witness summons, the party having the objection—
(a)may notify the registrar in writing of that objection; and
(b)must state the grounds of that objection.

(2)If a party seeks, by witness summons, the production of any hospital or medical file or record concerning another party or another party's medical condition, the other party (the objecting party), before taking an objection under subrule (1), may inspect the file or record produced to the registrar.
(3)After inspecting the file or record under subrule (2), the objecting party may notify the registrar of any objection the objecting party has to inspection by any other party, provided that the objecting party makes that inspection, and notifies that objection, within 7 days after the day specified in the witness summons for production of the file or record to the registrar.
9FProcedure after objection
(1)On receiving notice under Rule 9D or 9E, the registrar must refer the witness summons to the Court for the hearing and determination of the objection.
(2)The registrar must notify the issuing party, in writing, of the objection and the time and place at which the objection will be heard and that party must notify the addressee and all other parties accordingly.

9GRemoval, return, inspection, copying and disposal of documents
The Court may give directions in relation to the removal from and return to the Court, and the inspection, copying and disposal, of any document or thing that has been produced to the Court in response to a witness summons.

9HDisposal of documents and things produced
(1)Unless the Court orders otherwise, the registrar may return to the addressee any document or thing produced by the addressee in response to a witness summons.
* * * * *

(3)The addressee of a witness summons which is in Form 41A or 41B must complete the declaration by the addressee provided for in the witness summons.
(4)The completed declaration must be included in the witness summons or copy of the witness summons that accompanies the documents produced under the witness summons.
(5)Subject to subrule (6), after the conclusion of the proceeding, the registrar may cause to be destroyed all the documents produced in the proceeding in compliance with a witness summons which were declared by the addressee to be copies.
(6)The registrar may cause to be destroyed those documents declared by the addressee to be copies which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.

10Application to the Court—publication of proceedings
For the purposes of section 534 of the Act, an application for permission of the President or a magistrate for publication of proceedings in the Family Division of the Court must be in Form 42.

FORM 1—APPLICATION FOR TEMPORARY ASSESSMENT ORDER

Rule 6

APPLICATION FOR TEMPORARY ASSESSMENT ORDER

Children, Youth and Families Act 2005

Sections 228, 229

Court Ref.—

Name of Child—

Gender—

Date of birth—

Grounds for the application

The *Secretary/*principal officer of an Aboriginal agency—

(a)has a reasonable suspicion that the child is, or is likely to be, in need of protection; and
(b)is of the opinion that further investigation and assessment of the matter is warranted; and
(c)is of the opinion that the investigation and assessment cannot properly proceed unless a temporary assessment order is made.

Details of the application

The *Secretary/*principal officer of an Aboriginal agency applies for—

*authorisation for the Secretary to enter the premises where the child is living;

*a requirement that the parent of the child or any person with whom the child is living permit the Secretary to enter the premises where the child is living;

*a requirement that the parent of the child or any person with whom the child is living permit the Secretary to interview the child and take the child to a place to be determined by the Secretary for that interview;

*authorisation, subject to section 233 of the Act, for the child to be medically examined by a registered medical practitioner or a registered psychologist;

*a direction that the parent of the child or any person with whom the child is living permit the Secretary to take the child for that medical examination;

*authorisation for the results of the medical examination to be given to the Secretary;

*a requirement that the parent of the child or any person with whom the child is living attend an interview with the Secretary and, subject to section 234 of the Act, answer any questions put to them in the interview;

*the following directions or conditions— [provide a brief description].

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]

*Application for Temporary Assessment Order (without giving notice) pursuant to section 229 of the Act

The applicant applies for leave for the application to be heard without giving notice under section 228 of the Act and is satisfied that the giving of such notice is inappropriate in the circumstances.

Notice to the parties

To the applicant—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)—You are directed to produce the child at Court for the hearing of this application.

To the parent(s)

—You should 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

FORM 2—TEMPORARY ASSESSMENT ORDER

Rule 6

TEMPORARY ASSESSMENT ORDER

Children, Youth and Families Act 2005

Sections 231–235, 236, 238

Court Ref.—

Name of Child—

Gender—

Date of birth—

Applicant's name—

Email—

Agency—

Address—

Phone—

*The Children's Court is satisfied that—

the making of a temporary assessment order is in the best interests of the child; and

it is necessary for the Secretary to assess whether or not the child is in need of protection; and

the Secretary cannot properly carry out an investigation or assessment unless the order is made.

*The Children's Court grants an application to vary the terms of the temporary assessment order made on [date] in respect of the child.

Details of the order

*The Court makes a temporary assessment order on an application under section *228/*229 of the Act.

*The Court orders that the term(s) of the temporary assessment order made on [date] be varied.

The temporary assessment order—

*authorises the Secretary to enter the premises where the child is living— [address];

*requires [name] to permit the Secretary to enter the premises where the child is living— [address];

*requires [name] to permit the Secretary to interview the child and to take the child to a place to be determined by the Secretary for that interview;

*authorises, subject to section 233 of the Act, the medical examination of the child by a registered medical practitioner or a registered psychologist;

*directs [name] to permit the Secretary to take the child for that medical examination;

*authorises the results of the medical examination to be given to the Secretary;

*requires [name] to attend an interview with the Secretary and, subject to section 234 of the Act, to answer any questions put to them in the interview;

*any direction or condition— [specify].

This order remains in force for [specify number] days beginning from [date].

The Secretary must provide to the Court by [date] a report in writing setting out the matters referred to in section 238(2) of the Act.

If this order is made on an application under section 229 of the Act, the child or a parent of the child may apply to the Court under section 235 of the Act for the variation or revocation of this order.

Order made at— [venue]

on— [date]

[name of judicial officer]

*Judge/*Magistrate/*Judicial registrar

[Court seal]

* Delete if not applicable

Notes

Medical examination of a child is subject to section 233 of the Act. Section 233 provides:

Despite a temporary assessment order, a registered medical practitioner or registered psychologist by whom the child is to be examined under the order must not examine the child if—

(a)the medical practitioner or psychologist is of the opinion that the child has sufficient understanding to give or refuse consent to the examination; and
(b)the child refuses that consent.

Interviews authorised by this order are subject to section 234 of the Act. Section 234(1) provides:

Despite a temporary assessment order, a person may refuse to answer a question put by the Secretary in an interview authorised by the order on the ground that—

(a)to answer might tend to incriminate the person; or
(b)the information is privileged on the ground of legal professional privilege or client legal privilege.

FORM 3—APPLICATION TO VARY OR REVOKE A TEMPORARY ASSESSMENT ORDER MADE WITHOUT NOTICE

Rule 6

APPLICATION TO VARY OR REVOKE A TEMPORARY ASSESSMENT ORDER MADE WITHOUT NOTICE

Children, Youth and Families Act 2005

Section 235

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the order that is sought to be varied or revoked

On the application of— [full name of the person who applied for the temporary assessment order]

Agency and address—

The Children's Court at [venue] on [date] made a temporary assessment order under section 229 of the Act.

Details of the application

This application is—

*to vary the order.

*to revoke the order.

The grounds for this application are— [set out grounds].

This application is made—

*by the child.

*by a parent of the child.

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]

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

FORM 4—APPLICATION FOR THERAPEUTIC TREATMENT ORDER

Rule 6

APPLICATION FOR THERAPEUTIC TREATMENT ORDER

Children, Youth and Families Act 2005

Section 246

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the application

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]

Notice to the parties

To the applicant—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)—You are directed to produce the child at Court for the hearing of this application.

To the parent(s)

—You should 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

FORM 5—THERAPEUTIC TREATMENT ORDER

Rule 6

THERAPEUTIC TREATMENT ORDER

Children, Youth and Families Act 2005

Sections 248–250, 256, 257

Court Ref.—

Name of Child—

Gender—

Date of birth—

Applicant's name—

Email—

Agency—

Address—

Phone—

*The Children's Court is satisfied that—

(a)the child has exhibited sexually abusive behaviours; and
(b)a therapeutic treatment order is necessary to ensure the child's access to, or attendance at, an appropriate therapeutic treatment program.

*The Children's Court grants an application to extend the current therapeutic treatment order in respect of the child.

*The Children's Court grants an application to vary the condition(s) of the current therapeutic treatment order in respect of the child.

Details of the order

*The Court makes a therapeutic treatment order.

*The Court orders that the current therapeutic treatment order be extended.

*The Court orders that the condition(s) of the current therapeutic treatment order be varied.

The child is required to participate in a therapeutic treatment program

[give details of program, agency and address].

*[Specify any conditions].

This therapeutic treatment order remains in force until [end date].

Order made at— [venue name]

Date—

[name of judicial officer]

Judge/*Magistrate/*Judicial registrar

[Court seal]

* Delete if not applicable

Note

Any statement made by the child when participating in the therapeutic treatment program under this order is not admissible in any criminal proceedings in relation to the child—see section 251 of the Act.

FORM 6—APPLICATION FOR THERAPEUTIC TREATMENT (PLACEMENT) ORDER

Rule 6

APPLICATION FOR THERAPEUTIC TREATMENT (PLACEMENT) ORDER

Children, Youth and Families Act 2005

Section 252

Court Ref.—

Name of Child—

Gender—

Date of birth—

*The Children's Court at [venue] on [date] made a therapeutic treatment order in respect of the child.

Details of the application

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]

Notice to the parties

To the applicant—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)

—You should 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

FORM 7—THERAPEUTIC TREATMENT (PLACEMENT) ORDER

Rule 6

THERAPEUTIC TREATMENT (PLACEMENT) ORDER

Children, Youth and Families Act 2005

Sections 252–254, 256, 257

Court Ref.—

Name of Child—

Gender—

Date of birth—

Applicant's name—

Email—

Agency—

Address—

Phone—

*The Children's Court has made a therapeutic treatment order in respect of the child and the Children's Court is satisfied that a therapeutic treatment (placement) order is necessary for the treatment of the child.

*The Children's Court grants an application to extend the current therapeutic treatment (placement) order in respect of the child.

*The Children's Court grants an application to vary the condition(s) of the current therapeutic treatment (placement) order in respect of the child.

Details of the order

*The Court makes a therapeutic treatment (placement) order.

*The Court orders that the current therapeutic treatment (placement) order be extended.

*The Court orders that the condition(s) of the current therapeutic treatment (placement) order be varied.

The therapeutic treatment (placement) order grants parental responsibility for the child to the Secretary but does not otherwise affect parental responsibility for the child.

The therapeutic treatment (placement) order has the following conditions— [set out conditions].

This order remains in force until [end date].

Order made at— [venue name]

Date—

[name of judicial officer]

*Judge/*Magistrate/*Judicial registrar

[Court seal]

* Delete if not applicable

FORM 8—APPLICATION TO VARY OR REVOKE A THERAPEUTIC TREATMENT ORDER OR THERAPEUTIC TREATMENT (PLACEMENT) ORDER

Rule 6

APPLICATION TO VARY OR REVOKE A THERAPEUTIC TREATMENT ORDER OR THERAPEUTIC TREATMENT (PLACEMENT) ORDER

Children, Youth and Families Act 2005

Sections 257, 258

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the order sought to be varied or revoked

On the application of— [full name]

Agency and address—

*The Children's Court at [venue] on [date] made a therapeutic treatment order.

*The Children's Court at [venue] on [date] made a therapeutic treatment (placement) order.

Details of the application

This application is—

*to vary the order [specify conditions to be varied].

*to revoke the order.

The grounds for the application are— [set out grounds].

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.

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

FORM 9—APPLICATION FOR EXTENSION OF THERAPEUTIC TREATMENT ORDER OR THERAPEUTIC TREATMENT (PLACEMENT) ORDER

Rule 6

APPLICATION FOR EXTENSION OF THERAPEUTIC TREATMENT ORDER OR THERAPEUTIC TREATMENT (PLACEMENT) ORDER

Children, Youth and Families Act 2005

Section 255

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the order sought to be extended

*The Children's Court at [venue] on [date] made a therapeutic treatment order.

*The Children's Court at [venue] on [date] made a therapeutic treatment (placement) order.

Details of the application

This application is for an extension of—

*the therapeutic treatment order.

*the therapeutic treatment (placement) order.

The grounds for the application are— [set out 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]

Notice to the parties

To the applicant—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)

—You should 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

FORM 10—PROTECTION APPLICATION

Rule 6

PROTECTION APPLICATION

Children, Youth and Families Act 2005

Sections 240, 243

Court Ref.—

Name of Child—

Gender—

Date of birth—

Grounds for the application

*The child has been abandoned by the child's parents and after reasonable enquires—

(i)the parents cannot be found; and
(ii)no other suitable person can be found who is willing and able to care for the child.

*The child's parents are dead or incapacitated and there is no other suitable person willing and able to care for the child.

*The child has suffered, or is likely to suffer, significant harm as a result of physical injury and the child's parents have not protected, or are unlikely to protect, the child from harm of that type.

*The child has suffered, or is likely to suffer, significant harm as a result of sexual abuse and the child's parents have not protected, or are unlikely to protect, the child from harm of that type.

*The child has suffered, or is likely to suffer, emotional or psychological harm of such a kind that the child's emotional or intellectual development is, or is likely to be, significantly damaged and the child's parents have not protected, or are unlikely to protect, the child from harm of that type.

*The child's physical development or health has been, or is likely to be, significantly harmed and the child's parents have not provided, arranged or allowed the provision of, or are unlikely to provide, arrange or allow the provision of, basic care or effective medical, surgical or other remedial care.

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]

The child *has/*has not been placed in emergency care.

Notice to the parties

To the applicant—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)

—You should 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

FORM 11—IRRECONCILABLE DIFFERENCES APPLICATION

Rule 6

IRRECONCILABLE DIFFERENCES APPLICATION

Children, Youth and Families Act 2005

Sections 259, 260

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the application

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]

Grounds for the application

*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—

* Delete if not applicable

FORM 12—INTERIM ACCOMMODATION ORDER

Rule 6

INTERIM ACCOMMODATION ORDER

Children, Youth and Families Act 2005

Sections 262, 263

Court Ref.—

Name of Child—

Gender—

Date of birth—

Grounds for making this interim accommodation order
[set out grounds]

A hearing in this case will take place at [time and date] at the Children's Court at [venue name and address].

Interim accommodation order

Until further order, I order that the child is to be—

*released pending the hearing, or the resumption of the hearing.

*released into the care of [name of parent] who is the child's parent pending the hearing, or the resumption of the hearing.

*placed with [name of person(s)] who *is a suitable person/*are suitable persons pending that hearing, or the resumption of the hearing, and following a report (whether oral or written) from the Secretary on that person's or those persons' suitability.

*placed in an out‑of‑home care service, [specify name and address], pending that hearing or resumption.

*placed in a secure welfare service, [specify name and address], pending that hearing or resumption as there is a substantial and immediate risk of harm to the child.

*placed in a declared hospital, [specify name and address], on the provision to the Court or bail justice of a statement in the prescribed form by or on behalf of the chief executive of the hospital that a bed is available for the child at the hospital.

*placed with a disability service provider, [specify name and address], within the meaning of the Disability Act 2006.

*placed with a registered NDIS provider, [specify name and address], providing to the child under the NDIS short term accommodation and assistance or supported independent living.

*placed in a declared parent and baby unit, [specify name and address], on the provision to the Court or bail justice of a statement in the prescribed form by or on behalf of the chief executive of the agency managing the parent and baby unit that a place is available for the child at the parent and baby unit.

The following conditions apply to this order [set out conditions]

Order made at [venue name]

on [date]

*[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

* Delete if not applicable

FORM 13—STATEMENT OF PLACEMENT AVAILABILITY

Rule 7

STATEMENT OF PLACEMENT AVAILABILITY

Children, Youth and Families Act 2005

Section 263(1)(f) and (g)

Court Ref.—

Name of Child—

Gender—

Date of birth—

I, [name] *being the/*on behalf of the chief executive officer of [name of declared hospital or name of agency managing a declared parent and baby unit] state that there is a *bed/*place available for [name of child] at [name of declared hospital or name of declared parent and baby unit].

Date—

[Signature]

Name—

* Delete if not applicable

FORM 14—APPLICATION TO VARY AN INTERIM ACCOMMODATION ORDER OR FOR A NEW INTERIM ACCOMMODATION ORDER

Rule 6

APPLICATION TO VARY AN INTERIM ACCOMMODATION ORDER OR FOR A NEW INTERIM ACCOMMODATION ORDER

Children, Youth and Families Act 2005

Sections 268, 270

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the interim accommodation order

The Children's Court at [venue] on [date] made an interim accommodation order.

Details of this application

This application is—

*to vary the order.

*for a new interim accommodation order.

The grounds for the application are— [set out grounds]

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]

Note

The applicant must give notice of this application to the person who applied for the interim accommodation order and any other party to the proceeding in which that order was made and any person with whom the child is living.

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.

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

FORM 15—APPLICATION TO VARY AN INTERIM ACCOMMODATION ORDER OR FOR A NEW INTERIM ACCOMMODATION ORDER—INTERIM ACCOMMODATION ORDER MADE UNDER SECTION 262(1)(C)

Rule 6

APPLICATION TO VARY AN INTERIM ACCOMMODATION ORDER OR FOR A NEW INTERIM ACCOMMODATION ORDER—INTERIM ACCOMMODATION ORDER MADE UNDER SECTION 262(1)(C)

Children, Youth and Families Act 2005

Sections 268, 270

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the interim accommodation order

The Children's Court at [venue] on [date] made an interim accommodation order under section 262(1)(c) of the Act.

Details of this application

This application is—

*to vary the order.

*for a new interim accommodation order.

The grounds for the application are— [set out grounds]

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]

Note

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.

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

FORM 16—NOTICE OF HEARING—BREACH OF AN INTERIM ACCOMMODATION ORDER

Rule 6

NOTICE OF HEARING—BREACH OF AN INTERIM ACCOMMODATION ORDER

Children, Youth and Families Act 2005

Section 269

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the interim accommodation order

The Children's Court at [venue] on [date] made an interim accommodation order.

Details of this notice

Reason for the service of this notice—

The interim accommodation order or any condition of the order has not been, or is not being complied with [give details].

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]

Notice to the parties

To the applicant—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)

—You should 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

FORM 17—NOTICE OF HEARING—BREACH OF AN INTERIM ACCOMMODATION ORDER MADE UNDER SECTION 262(1)(C)

Rule 6

NOTICE OF HEARING—BREACH OF AN INTERIM ACCOMMODATION ORDER MADE UNDER SECTION 262(1)(C)

Children, Youth and Families Act 2005

Section 269

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the interim accommodation order

The Children's Court at [venue] on [date] made an interim accommodation order under section 262(1)(c) of the Act.

Details of this notice

Reason for the service of this notice—

The interim accommodation order or any condition of the order has not been, or is not being complied with [give details].

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]

Notice to the parties

To the applicant—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)

—You should 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

FORM 18—UNDERTAKING—PROTECTIVE INTERVENTION

Rule 6

UNDERTAKING—PROTECTIVE INTERVENTION

Children, Youth and Families Act 2005

Sections 272, 273

Court Ref.—

Name of Child—

Gender—

Date of birth—

*The Children's Court makes an order requiring an undertaking to be given by a person.

*The Children's Court grants an application to vary the current undertaking or the condition(s) of the current undertaking and the undertaking or condition(s) of the undertaking are varied.

Details of the undertaking

[Name], *the child/*the parent of the child/*the person with whom the child is living, gives the following undertaking— [set out details of undertaking].

This undertaking remains in force until [end date].

I consent to the making of this order and agree to comply with this undertaking.

[Signature]

*Child/*Parent/*Person with whom the child is living

Order made at— [venue name]

on— [date]

[name of judicial officer]

*Judge/*Magistrate/*Judicial registrar

[Court seal]

*Order notations:

* Delete if not applicable

FORM 19—UNDERTAKING—PROTECTION ORDER

Rule 6

UNDERTAKING—PROTECTION ORDER

Children, Youth and Families Act 2005

Sections 278, 279

Court Ref.—

Name of Child—

Gender—

Date of birth—

*The Children's Court finds that the child is in need of protection. The Court makes an order requiring an undertaking to be given.

*The Children's Court finds that there is a substantial and irreconcilable difference between the person who has parental responsibility for the child and the child to such an extent that the care and control of the child are likely to be seriously disrupted. The Court makes an order requiring an undertaking to be given.

*The Children's Court grants an application to vary the current undertaking or the condition(s) of the current undertaking in respect of the child and the undertaking or condition/s of the undertaking are varied.

*The Children's Court grants an application to revoke the current protection order in respect of the child and makes an order requiring a person to give an undertaking.

*On an application for a care by Secretary order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist. The Court makes an order requiring an undertaking to be given.

*On an application for a long-term care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist. The Court makes an order requiring an undertaking to be given.

*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist. The Court makes an order requiring an undertaking to be given.

Details of the undertaking

[Name], *the child/*the parent of the child/*the person with whom the child is living gives the following undertaking— [set out details of undertaking].

This undertaking remains in force until [end date].

I consent to the making of this order and agree to comply with this undertaking.

[Signature]

*Child/*Parent/*Person with whom the child is living

Order made at— [venue name]

on— [date]

[name of judicial officer]

*Judge/*Magistrate/*Judicial registrar

[Court seal]

*Order notations:

* Delete if not applicable

FORM 20—APPLICATION TO VARY OR REVOKE AN UNDERTAKING

Rule 6

APPLICATION TO VARY OR REVOKE AN UNDERTAKING

Children, Youth and Families Act 2005

Sections 273, 279

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the undertaking

The Children's Court at [venue] on [date] made an order requiring the *child/*parent/*person with whom the child is living [specify] to give an undertaking pursuant to section *272/*278 of the Act.

Details of the application

This application is—

*to vary the undertaking [specify the conditions to be varied].

*to revoke the undertaking.

The grounds for the application are— [set out grounds].

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—

* Delete if not applicable

FORM 21—FAMILY PRESERVATION ORDER

Rule 6

FAMILY PRESERVATION ORDER

Children, Youth and Families Act 2005

Sections 280–282, 293–296, 298–301, 310, 318

Court Ref.—

Name of Child—

Gender—

Date of birth—

*The Children's Court finds that the child is in need of protection.

*The Children's Court grants an application to extend the current family preservation order in respect of the child.

*The Children's Court grants an application to vary the current family preservation order in respect of the child or any of its conditions.

*The Children's Court grants an application to revoke the current protection order and a family preservation order is made in respect of the child.

*The Children's Court finds proved a breach of the current protection order in respect of the child.

*The Children's Court grants an application to include condition(s) on the current family preservation order in respect of the child.

*On an application for a care by Secretary order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

*On an application for a long-term care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

Details of the order

*The Court orders that the child be placed on a family preservation order.

*The Court orders that the current family preservation order be extended.

*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].

*The Court orders that the current family preservation order includes conditions.

This order remains in force *until [end date]/*until the current application to extend the order is determined by the Court/*until the current application for a care by Secretary order is determined by the Court/*until the current application for a long-term care order is determined by the Court/*until the current application for a permanent care order is determined by the Court.

The child is placed in the day to day care of the child's parent(s) [name(s)].

A family preservation order gives the Secretary responsibility for the supervision of the child but does not affect a person's parental responsibility for the child.

The following conditions apply to this family preservation order— [set out conditions]

*[If the order remains in force for a period exceeding 12 months from (date)]—The Court directs the Secretary to review the operation of this order before the end of the period of 12 months after the making of this order.

Following a review, the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that the order should end. The Secretary must notify the Court of such a determination and must notify the child (if the child is aged 10 years or older), the child's parent and the following person(s) [specify] if the order ends.

Order made at— [venue name]

on— [date]

[name of judicial officer]

*Judge/*Magistrate/*Judicial registrar

[Court seal]

*Order notations:

* Delete if not applicable

FORM 22—FAMILY REUNIFICATION ORDER

Rule 6

FAMILY REUNIFICATION ORDER

Children, Youth and Families Act 2005

Sections 287, 287A, 293–302, 310

Court Ref.—

Name of Child—

Gender—

Date of birth—

*The Children's Court finds that the child is in need of protection.

*The Children's Court grants an application to extend the current family reunification order in respect of the child.

*The Children's Court grants an application to vary the current family reunification order in respect of the child or any of its conditions.

*The Children's Court grants an application to revoke the current protection order and a family reunification order is made in respect of the child.

*The Children's Court finds proved a breach of the current protection order in respect of the child.

*On an application for a care by Secretary order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

*On an application for a long-term care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

Details of the order

*The Court orders that parental responsibility for the child and responsibility for the sole care of the child be conferred on the Secretary.

*The Court orders that the current family reunification order be extended.

*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].

*This order is an interim variation pending the final determination of the application to vary the current family reunification order.

*This order remains in force *until [end date]/*until the current application to extend the order is determined by the Court/*until the current application for a care by Secretary order is determined by the Court/*until the current application for a long-term care order is determined by the Court/*until the current application for a permanent care order is determined by the Court.

The following conditions apply to this family reunification order [set out conditions]

Order made at— [venue name]

on— [date]

[name of judicial officer]

*Judge/*Magistrate/*Judicial registrar

[Court seal]

*Order notations:

* Delete if not applicable

Notes

The conferral of parental responsibility on the Secretary does not affect the parental responsibility of any other person for the child in relation to making decisions about major long term issues except as provided for under the Act or by an order of the Court—see section 287(2) of the Act.

While the order is in force, the Secretary may direct that a parent or parents of the child are to resume parental responsibility for the child to the exclusion of the Secretary. If the Secretary gives that direction, on and from the date of the direction, the order ceases to be a family reunification order for the purposes of the Act and—

(a)the Secretary ceases to have parental responsibility for the child; and
(b)the parent resumes parental responsibility for the child as specified in the direction; and
(c)the family reunification order is taken to be a family preservation order giving the Secretary responsibility for the supervision of the child and placing the child in the day to day care of the parent or parents who have parental responsibility for the child; and
(d)the conditions of the family reunification order continue to apply as conditions of the family preservation order.

See section 288A of the Act.

FORM 23—APPLICATION FOR CARE BY SECRETARY ORDER

Rule 6

APPLICATION FOR CARE BY SECRETARY ORDER

Children, Youth and Families Act 2005

Section 289(1A)

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the current order

*The Children's Court at [venue] on [date] made or last extended a [insert type of order] order (or a protection order subsequently taken to be such an order).

*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:

*pursuant to section 288A(1)(c) of the Act, the family reunification order has been taken to be a family preservation order.

*pursuant to section 289A(1)(c) of the Act, the care by Secretary order has been taken to be a family preservation order.

Details of the application

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]

Notice to the parties

To the applicant—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)—

You should 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

FORM 24—CARE BY SECRETARY ORDER

Rule 6

CARE BY SECRETARY ORDER

Children, Youth and Families Act 2005

Sections 289, 293–298, 308, 310

Court Ref.—

Name of Child—

Gender—

Date of birth—

*The Children's Court finds that the child is in need of protection.

*The Children's Court grants an application to extend the current care by Secretary order in respect of the child.

*The Children's Court grants an application to revoke the current protection order and a care by Secretary order is made in respect of the child.

*The Children's Court finds proved a breach of the current protection order in respect of the child.

*The Children's Court grants an application for a care by Secretary order.

*On an application for a long-term care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

Details of the order

*The Court orders that parental responsibility for the child be conferred on the Secretary to the exclusion of all other persons.

*The Court orders that the current care by Secretary order be extended.

*This order remains in force until [end date] but ceases to be in force when the child attains the age of 18 years or when the child marries, whichever happens first.

*The Court directs the Secretary to review the operation of this order before the end of the period of 12 months after the making of this order.

Order made at— [venue name]

on— [date]

[name of judicial officer]

*Judge/*Magistrate/*Judicial registrar

[Court seal]

*Order notations:

* Delete if not applicable

Note

While the order is in force, the Secretary may direct that a parent or parents of the child are to resume parental responsibility for the child to the exclusion of the Secretary. If the Secretary gives that direction, on and from the date of the direction, the order ceases to be a care by Secretary order for the purposes of the Act and—

(a)the Secretary ceases to have parental responsibility for the child; and
(b)the parent resumes parental responsibility for the child as specified in the direction; and
(c)the care by Secretary order is taken to be a family preservation order giving the Secretary responsibility for the supervision of the child and placing the child in the day to day care of the parent or parents who have parental responsibility for the child; and
(d)the Secretary may apply to the Court to determine that the order is to include conditions.

See section 289A of the Act.

FORM 25—APPLICATION FOR LONG-TERM CARE ORDER

Rule 6

APPLICATION FOR

LONG-TERM CARE ORDER

Children, Youth and Families Act 2005

Section 290(1A)

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the current order

*The Children's Court at [venue] on [date] made or last extended a [insert type of order] order (or a protection order subsequently taken to be such an order).

*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:

*pursuant to section 288A(1)(c) of the Act, the family reunification order has been taken to be a family preservation order.

*pursuant to section 289A(1)(c) of the Act, the care by Secretary order has been taken to be a family preservation order.

Details of the application

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]

Notice to the parties

To the applicant—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)

—You should 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

FORM 26—LONG-TERM CARE ORDER

Rule 6

LONG-TERM CARE ORDER

Children, Youth and Families Act 2005

Sections 290, 310

Court Ref.—

Name of Child—

Gender—

Date of birth—

*The Children's Court finds that the child is in need of protection.

*The Children's Court grants an application to revoke the current protection order and a long-term care order is made in respect of the child.

*The Children's Court finds proved a breach of the current protection order in respect of the child.

*On an application for a care by Secretary order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

*The Children's Court grants an application for a long-term care order.

*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.

The Court is satisfied that—

(a)there is a person or persons available with whom the child will continue to live for the duration of the order; and
(b)the person or persons referred to in paragraph (a) will not consent to the making of a permanent care order; and
(c)the Secretary consents to the making of the order; and
(d)if the child is of or over the age of 10 years, the child does not oppose the making of the order; and
(e)the making of the order is in the best interests of the child.

Details of the order

The Court orders that parental responsibility for the child be conferred on the Secretary to the exclusion of all other persons.

This order remains in force until the child attains the age of 18 years or marries, whichever happens first.

The Court directs the Secretary to review the operation of this order before the end of each period of 12 months after the making of this order.

Order made at— [venue name]

On— [date]

[name of judicial officer]

*Judge/*Magistrate/*Judicial registrar

[Court seal]

*Order notations:

* Delete if not applicable

FORM 27—APPLICATION FOR EXTENSION OF A PROTECTION ORDER

Rule 6

APPLICATION FOR EXTENSION OF A PROTECTION ORDER

Children, Youth and Families Act 2005

Sections 293, 294

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the current order

The Children's Court at [venue] on [date] made or last extended—

*a family preservation order

*a family reunification order

*a care by Secretary order

(or a protection order subsequently taken to be such an order)

in respect of the child until [end date].

*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:

*the family reunification order has been taken to be a family preservation order.

*the care by Secretary order has been taken to be a family preservation order.

Details of the application

The *Secretary/*principal officer of an Aboriginal agency applies for an extension of—

*the family preservation order for a period of [insert period].

*the family reunification order until [insert date].

*the care by Secretary order.

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 child—You are not required to come to the hearing of this application unless you wish to do so.

To the parent(s)

—You should 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

FORM 28—APPLICATION TO VARY OR REVOKE A FAMILY PRESERVATION ORDER OR FAMILY REUNIFICATION ORDER

Rule 6

APPLICATION TO VARY OR REVOKE A FAMILY PRESERVATION ORDER OR FAMILY REUNIFICATION ORDER

Children, Youth and Families Act 2005

Sections 300, 304

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the current order

The Children's Court at [venue] on [date] made or last extended—

* a family preservation order

* a family reunification order

* a care by Secretary order

(or a protection order subsequently taken to be such an order)

in respect of the child.

*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:

* the family reunification order has been taken to be a family preservation order.

* the care by Secretary order has been taken to be a family preservation order.

Details of this application

This application is—

*to vary the order [specify the variation sought]

*to revoke the order

The grounds for the application are—[set out grounds]

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.

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

FORM 29—APPLICATION TO VARY A FAMILY REUNIFICATION ORDER WITHOUT NOTICE

Rule 6

APPLICATION TO VARY A FAMILY REUNIFICATION ORDER WITHOUT NOTICE

Children, Youth and Families Act 2005

Section 300A

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the current order

The Children's Court at [venue] on [date] made or last extended a family reunification order (or a protection order subsequently taken to be such an order) in respect of the child.

Details of the application

This application is to vary the conditions of a family reunification order without serving notice under section 277 of the Act.

[specify the variation sought]

The *Secretary/*principal officer of an Aboriginal agency is satisfied that—

(a)there has been an unexpected change in circumstances; and
(b)the application is necessary for the safety and wellbeing of the child.

The grounds for the application are—[set out 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]

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

FORM 30—APPLICATION TO REVOKE A CARE BY SECRETARY ORDER

Rule 6

APPLICATION TO REVOKE A CARE BY SECRETARY ORDER

Children, Youth and Families Act 2005

Section 305

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the current order

The Children's Court at [venue] on [date] made or last extended a care by Secretary order (or an order subsequently taken to be such an order) in respect of the child.

Details of the application

This application is made on the grounds that—

*circumstances have changed since the making of the care by Secretary order and the applicant has asked the Secretary to review the case plan and the Secretary has either refused to review the case plan or has reviewed it in a way which the applicant finds unsatisfactory.

*[State any other grounds]

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.

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

FORM 31—APPLICATION TO REVOKE A LONG-TERM CARE ORDER

Rule 6

APPLICATION TO REVOKE A LONG-TERM CARE ORDER

Children, Youth and Families Act 2005

Section 306

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the current order

The Children's Court at [venue] on [date] made a long-term care order (or a protection order subsequently taken to be such an order) in respect of the child.

Details of the application

This application is to revoke the order.

The grounds for the application are— [set out grounds]

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.

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

FORM 32—APPLICATION TO INCLUDE CONDITIONS IN A FAMILY PRESERVATION ORDER (WHERE CARE BY SECRETARY ORDER TAKEN TO BE FAMILY PRESERVATION ORDER)

Rule 6

APPLICATION TO INCLUDE CONDITIONS IN A FAMILY PRESERVATION ORDER (WHERE CARE BY SECRETARY ORDER TAKEN TO BE FAMILY PRESERVATION ORDER)

Children, Youth and Families Act 2005

Section 289A(3)

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the current order

The Children's Court at [venue] on [date] made a care by Secretary order. A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child and accordingly pursuant to section 289A(1)(c) of the Act, the care by Secretary order has been taken to be a family preservation order.

Details of the application

This application is to include conditions in the family preservation order.

[specify conditions sought]

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]

Notice to the parties

To the applicant—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)—You should come to the hearing of this application, unless the Court does not require you to attend. 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

FORM 33—APPLICATION FOR PERMANENT CARE ORDER

Rule 6

APPLICATION FOR PERMANENT CARE ORDER

Children, Youth and Families Act 2005

Section 320

Court Ref.—

Name of Child—

Gender—

Date of birth—

Details of the application

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—

*Relative(s)— [specify]

*Foster parent(s)

*Other— [specify]

The applicant applies for a permanent care order in respect of the child.

Conduct money

4.You are excused from complying with the witness summons unless conduct money is given or tendered to you at the time of service of the witness summons or a reasonable time before the day on which your attendance is required.
5.However you are not entitled to conduct money if you will not reasonably incur any expenses in complying with the witness summons.

Applications in relation to witness summons

6.You have the right to apply to the Court for an order setting aside the witness summons (or a part of it) or for relief in respect of the witness summons.

Contempt of court

7.Failure to comply with a witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.

FORM 41A—WITNESS SUMMONS TO PRODUCE

Rule 9(1)(b)

WITNESS SUMMONS TO PRODUCE

Children, Youth and Families Act 2005

Court Ref.—

To the witness—[name]

Gender—

Address—

DETAILS OF THE CASE

Name of Child—

Type of hearing—

Venue—

*Protection application

*Irreconcilable difference application

*Intervention order proceeding

*Other [specify]

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:

If this witness summons relates to an intervention order proceeding:

Name of respondent—

*Name of affected family member or protected person—

WITNESS SUMMONS TO PRODUCE

YOU ARE ORDERED to attend to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents: see below for details.

Failure to comply with this witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.

You should read all of the Notes set out in this witness summons. Also, you must complete the Declaration by Addressee (Witness Summons Recipient) set out at the end of this witness summons.

This witness summons must be served a reasonable time before the return date (See Note 1).

*Issued by the Children's Court [Court seal].

*Issued at [place] by Registrar [name and signature of registrar], [Court seal].

Date of issue:

Issued at the request of [name of party], whose address for service is:

Place:

Email:

Details of witness summons

You must comply with this witness summons by attending to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents below—

(a)at the date, time and place specified for attendance and production; or
(b)by attending to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents below to the Court by electronic communication or at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not later than 2 clear business days before the first date specified for attendance and production.

Date, time and place at which to attend to produce the witness summons or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: Children's Court of Victoria at [insert address the proceeding is listed to be heard at].

Address, or any address, to which the witness summons (or copy) and documents or things may be delivered or sent:

The Registry

Children's Court of Victoria at [insert address the proceeding is listed to be heard at].

*Delete if not applicable

SCHEDULE OF DOCUMENTS

The documents and things you must produce are as follows:

[List the documents or things. Attach list if insufficient space.]

NOTES

Last day for service

1.Subject to Note 2, you need not comply with the witness summons unless it is served on you a reasonable time before the date specified in the witness summons to attend to produce documents or things.

Service

2.This witness summons may be served—
(a)by delivering a true copy of the witness summons to you personally; or
(b)by leaving a true copy of the witness summons for you at your last or most usual place of residence or business with a person who apparently resides or works there and who apparently is not less than 16 years of age.

Addressee a corporation

3.If the witness summons is addressed to a corporation, the corporation must comply with the witness summons by its appropriate or proper officer.

Production of witness summons or copy of it and documents or things to the Court

4.Unless the Court or the registrar issuing the witness summons otherwise directs, instead of producing a document or thing required to be produced at the hearing, you may produce the document or thing, together with a copy of the witness summons, to the Court so that the document or thing is received not later than 2 clear business days before the first date specified in the witness summons for production.

Objection to inspection

5.If you object to a document or thing produced in response to this witness summons being inspected by a party to the proceeding or any other person, you must, before the return date specified in the witness summons, notify the registrar in writing of your objection and of the grounds of your objection.

Production of a number of documents or things

6.If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.

Production of copy instead of original

7.Unless the witness summons specifically requires you to produce an original, you may produce a copy of any document that the witness summons requires you to produce.
8.Electronic copies of documents can be provided by electronic communication or on a USB or CD‑ROM in any of the formats referred to in Note 9(b) below.
9.A copy of a document may be—
(a)a photocopy; or
(b)in an electronic form in any of the following electronic formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
.tif—tagged image format; or

(c)in any other appropriate form or format, or on any other appropriate form of storage—
(i)directed or ordered by the Court; or
(ii)in accordance with any relevant practice direction, statement or note.

Applications in relation to witness summons

10.You have the right to apply to the Court for an order setting aside the witness summons (or a part of it) or for relief in respect of the witness summons.

Return of documents and things produced

11.Unless the Court otherwise orders, the registrar may return to you any document or thing produced in response to the witness summons.

Disposal of documents produced

12.After the conclusion of the proceeding, the registrar may cause to be destroyed all the documents produced by you in compliance with the witness summons which were declared by you to be copies.
13.If documents produced by you become exhibits in the proceedings, and have been declared to be copies by you, the registrar may cause those documents to be destroyed when they are no longer required in connection with the proceeding, including on any appeal.

Contempt of court—arrest

14.Failure to comply with a witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.

DECLARATION BY ADDRESSEE (WITNESS SUMMONS RECIPIENT)

You must complete the declaration below. The completed declaration must be included in the witness summons or in the copy of the witness summons when you produce the witness summons or the copy with the documents required by the witness summons.

If you declare that the material you produce is copies of documents, the registrar, without further notice to you, may destroy the copies after the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.

If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.

[tick the relevant option below, provide your address as appropriate,
sign and date]

All copied documents

All of the material I am providing in compliance with this witness summons is copies of documents and—

£I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me; or
£once the copies are no longer required, they should be returned to me at the following address—

[insert address for return of material].

All or some original documents

£All or some of the material I am providing in compliance with this witness summons is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—

[insert address for return of material].

Date:

[signature of addressee]

[name of addressee]

FORM 41B—WITNESS SUMMONS TO PRODUCE AND TO ATTEND TO GIVE EVIDENCE

Rule 9(1)(c)

WITNESS SUMMONS TO PRODUCE AND TO ATTEND TO GIVE EVIDENCE

Children, Youth and Families Act 2005

Court Ref.—

To the witness—[name]

Gender—

Address—

DETAILS OF THE CASE

Name of Child—

Type of hearing—

Venue—

*Protection application

*Irreconcilable difference application

*Intervention order proceeding

*Other [specify]

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:

If this witness summons relates to an intervention order proceeding:

Name of respondent—

*Name of affected family member or protected person—

WITNESS SUMMONS TO PRODUCE AND TO ATTEND TO GIVE EVIDENCE

YOU ARE ORDERED both to attend to give evidence and to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents: see below for details.

Failure to comply with this witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.

You should read all of the Notes set out in this witness summons. Also, you must complete the Declaration by Addressee (Witness Summons Recipient) set out at the end of this witness summons.

This witness summons must be served a reasonable time before the return date (See Note 1).

*Issued by the Children's Court [Court seal].

*Issued at [place] by Registrar [name and signature of registrar], [Court seal].

Date of issue:

Issued at the request of [name of party], whose address for service is:

Place:

Email:

Details of witness summons

In so far as you are required by this witness summons to attend to give evidence, you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place: Children's Court of Victoria at [insert address the proceeding is listed to be heard at].

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

In so far as you are required by this witness summons to produce the witness summons or a copy of it and documents or things, you must comply with this witness summons by attending to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents below—

(a)at the date, time and place specified for attendance and production; or
(b)by attending to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents below to the Court by electronic communication or at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not later than 2 clear business days before the first date specified for attendance and production.

Date:

Time:

Place: Children's Court of Victoria at [insert address the proceeding is listed to be heard at].

Address, or any address, to which the witness summons (or copy) and documents or things may be delivered or sent:

The Registry

Children's Court of Victoria at [insert address the proceeding is listed to be heard at].

*Delete if not applicable

SCHEDULE OF DOCUMENTS

The documents and things you must produce are as follows:

[List the documents or things. Attach list if insufficient space.]

NOTES

Last day for service

1.Subject to Note 2, you need not comply with the witness summons unless it is served on you a reasonable time before the date specified in the witness summons to produce documents or things and to attend to give evidence.

Service

2.This witness summons may be served—
(a)by delivering a true copy of the witness summons to you personally; or
(b)by leaving a true copy of the witness summons for you at your last or most usual place of residence or business with a person who apparently resides or works there and who apparently is not less than 16 years of age.

Addressee a corporation

3.If the witness summons is addressed to a corporation, the corporation must comply with the witness summons by its appropriate or proper officer.

Conduct money

4.You are excused from complying with the witness summons unless conduct money is given or tendered to you at the time of service of the witness summons or a reasonable time before the day on which your attendance is required.
5.However you are not entitled to conduct money if you will not reasonably incur any expenses in complying with the witness summons.

Production of witness summons or copy of it and documents or things to the Court

6.Unless the Court or the registrar issuing the witness summons otherwise directs, instead of producing a document or thing required to be produced at the hearing, you may produce the document or thing, together with a copy of the witness summons, to the Court so that the document or thing is received not later than 2 clear business days before the first date specified in the witness summons for production.
7.Production of a document or thing to the Court in compliance with a witness summons to produce and to attend to give evidence does not remove the requirement on you to attend for the purpose of giving evidence.

Objection to inspection

8.If you object to a document or thing produced in response to this witness summons being inspected by a party to the proceeding or any other person, you must, before the return date specified in the witness summons, notify the registrar in writing of your objection and of the grounds of your objection.

Production of a number of documents or things

9.If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.

Production of copy instead of original

10.Unless the witness summons specifically requires you to produce an original, you may produce a copy of any document that the witness summons requires you to produce.
11.Electronic copies of documents can be provided by electronic communication or on a USB or CD‑ROM in any of the formats referred to in Note 12(b) below.
12.A copy of a document may be—
(a)a photocopy; or
(b)in an electronic form in any of the following electronic formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
.tif—tagged image format; or

(c)in any other appropriate form or format, or on any other appropriate form of storage—
(i)directed or ordered by the Court; or
(ii)in accordance with any relevant practice direction, statement or note.

Applications in relation to witness summons

13.You have the right to apply to the Court for an order setting aside the witness summons (or a part of it) or for relief in respect of the witness summons.

Return of documents and things produced

13A.Unless the Court orders otherwise, the registrar may return to you any document or thing produced by you in response to the witness summons.

Disposal of documents produced

14.After the conclusion of the proceeding, the registrar may cause to be destroyed all the documents produced by you in compliance with the witness summons which were declared by you to be copies.
15.If documents produced by you become exhibits in the proceedings, and have been declared to be copies by you, the registrar may cause those documents to be destroyed when they are no longer required in connection with the proceeding, including on any appeal.

Contempt of court—arrest

16.Failure to comply with a witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.

DECLARATION BY ADDRESSEE (WITNESS SUMMONS RECIPIENT)

If you declare that the material you produce is copies of documents, the registrar may, without further notice to you, destroy the copies after the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.

If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.

[tick the relevant option below, provide your address as appropriate,
sign and date]

All copied documents

All of the material I am providing in compliance with this witness summons is copies of documents and—

£I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me; or
£once the copies are no longer required, they should be returned to me at the following address—

[insert address for return of material].

All or some original documents

£All or some of the material I am providing in compliance with this witness summons is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—

[insert address for return of material].

Date:

[signature of addressee]

[name of addressee]

FORM 42—APPLICATION UNDER SECTION 534—PUBLICATION OF PROCEEDING

Rule 10

APPLICATION UNDER SECTION 534—PUBLICATION OF PROCEEDING

Children, Youth and Families Act 2005

Court Ref.—

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—

1An order pursuant to section 534 of the Act that [insert name] be permitted to publish the following [list particulars].
*2Such other or further orders as the Court sees fit.

Grounds for Application

The following grounds are relied on— [list grounds]

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

FORM 43—AFFIDAVIT OF SERVICE

Rule 6

AFFIDAVIT OF SERVICE

Children, Youth and Families Act 2005

Sections 593, 594 and 595

I, [full name] of [address], [occupation]

*make oath and say:

*affirm and say:

1. I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date] at [time] *a.m./*p.m. by:

*delivering it to the person personally at [address].

*leaving it for the person at [address], being that person's last known place of *residence/*business, with a person who apparently resided or worked there and who apparently was not less than 16 years of age.

*posting it by *prepaid ordinary post/*registered post in an envelope addressed to the person at [address of person served], being that person's last known place of *residence/*business. I obtained this address from [specify].

*delivering it to the person by electronic communication that was confirmed as having been received by the person: [describe means of electronic communication and electronic address to which electronic communication was sent].

*posting it by registered post, in an envelope addressed to the person's authorised legal representative, to the legal representative's place of business at [address of place of business].

*leaving it for the person at [address of place of business of person's authorised legal representative], being the place of business of the person's authorised legal representative, with a person who apparently worked there and who apparently was not less than 16 years of age.

*delivering it to the person's authorised legal representative personally, in an envelope addressed to that legal representative.

*delivering it to the person's authorised legal representative by electronic communication that was confirmed as having been received by the legal representative: [describe means of electronic communication and electronic address to which electronic communication was sent].

*other [specify].

2. [Repeat for any other persons served].

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*Affirmed at [place] in the State of Victoria

on [date]

[Signature of person swearing or affirming the affidavit contents, to be signed in the presence of the authorised affidavit taker]

Before me,

[Signature of authorised affidavit taker]

on [date]

[Full name, statement of capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp]

A person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.

* Delete if not applicable

FORM 44—DECLARATION OF SERVICE

Rule 6

DECLARATION OF SERVICE

Children, Youth and Families Act 2005

Sections 593, 594 and 595

I, [full name] of [address], [occupation], declare that:

1. I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date] at [time] *a.m./*p.m. by:

*delivering it to the person personally at [address].

*posting it by registered post, in an envelope addressed to the person's authorised legal representative, to the legal representative's place of business at [address of place of business].

*delivering it to the person's authorised legal representative personally, in an envelope addressed to that legal representative.

*other [specify].

2. [Repeat for any other persons served].

I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

[Signature of person making this statutory declaration in the presence of the authorised statutory declaration witness]

Declared at [place] in the State of Victoria

on [date]

I am an authorised statutory declaration witness and I sign this document in the presence of the person making the declaration:

[Signature of authorised statutory declaration witness]

on [date]

[Full name, qualification as authorised statutory declaration witness and personal or professional address of authorised statutory declaration witness in legible writing, typing or stamp]

A person authorised under Part 4 of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable

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

Dated: 12 April 2017

AMANDA J. CHAMBERS,

President, Children's Court of Victoria
JENNIFER BOWLES,
Magistrate, Children's Court of Victoria
KIM M. W. PARKINSON,
Magistrate, Children's Court of Victoria

═════════════

ENDNOTES

1 General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Children, Youth and Families (Children's Court Family Division) Rules 2017, S.R. No. 20/2017 were made on 12 April 2017 by the President together with 2 magistrates for the Children's Court of Victoria jointly under section 588 of the Children, Youth and Families Act 2005, No. 96/2005 and came into operation on 18 April 2017: rule 3.

The Children, Youth and Families (Children's Court Family Division) Rules 2017 will sunset 10 years after the day of making on 12 April 2027 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Children, Youth and Families (Children's Court Family Division) Rules 2017 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Children, Youth and Families (Children's Court Family Division) Amendment (Witness Summons) Rules 2018, S.R. No. 185/2018

Date of Making: 25.10.18

Date of Commencement: 1.2.19: rule 3

Children, Youth and Families (Children's Court Family Division) Amendment (Witness Summons) Rules 2019, S.R. No. 3/2019

Date of Making: 30.1.19

Date of Commencement: 1.2.19: rule 3

Children, Youth and Families (Children's Court Family Division) and Children's Court Criminal Procedure Amendment Rules 2022, S.R. No. 100/2022

Date of Making: 27.9.22

Date of Commencement: Rules 4−48 on 1.10.22: rule 3

Children, Youth and Families (Children's Court Judicial Registrars) and (Children's Court Family Division) Amendment Rules 2023, S.R. No. 70/2023

Date of Making: 5.7.23

Date of Commencement: Rule 8 on 10.7.23: rule 3

Children, Youth and Families (Children's Court Family Division) and Children's Court Criminal Procedure Amendment Rules 2024, S.R. No. 20/2024

Date of Making: 26.3.24

Date of Commencement: Rules 5–49 on 28.3.24: rule 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

[1] Rule 4(a): S.R. No. 24/2007 as amended by S.R. Nos 186/2009, 151/2010, 51/2013, 145/2013, 7/2016 and 19/2016.

[2] Rule 4(b): S.R. No. 186/2009.

[3] Rule 4(c): S.R. No. 151/2010.

[4] Rule 4(d): S.R. No. 51/2013.

[5] Rule 4(e): S.R. No. 145/2013.

[6] Rule 4(f): S.R. No. 7/2016.

[7] Rule 4(g): S.R. No. 19/2016.

Date of Making:	25.10.18
Date of Commencement:	1.2.19: rule 3

Date of Making:	30.1.19
Date of Commencement:	1.2.19: rule 3

Date of Making:	27.9.22
Date of Commencement:	Rules 4−48 on 1.10.22: rule 3

Date of Making:	5.7.23
Date of Commencement:	Rule 8 on 10.7.23: rule 3

Date of Making:	26.3.24
Date of Commencement:	Rules 5–49 on 28.3.24: rule 3