Untitled document

Children, Youth and Families (Children's Court Family Division) (Amendment No. 6) Rules 2016

S.R. No. 19/2016

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

4Principal Rules

Part 2—Amendments relating to enactment of Children Legislation Amendment Act 2016

5Form 18 amended—Undertaking—protection order

6Form 20 amended—Family preservation order

7Form 23 amended—Family reunification order

8Form 24 amended—Care by Secretary order

9Form 25 amended—Long-term care order

10Form 32 amended—Permanent care order

11New Forms 41 and 42 inserted

Part 3—Amendments relating to enactment of Bail Amendment Act 2016

12Rule 10 amended

13Form 38 amended

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Endnotes

STATUTORY RULES 2016

S.R. No. 19/2016

Children, Youth and Families Act 2005

Children, Youth and Families (Children's Court Family Division) (Amendment No. 6) Rules 2016

The President together with 2 magistrates for the Children's Court jointly make the following Rules:

Part 1—Preliminary

1Object

The object of these Rules is to amend the Children, Youth and Families (Children's Court Family Division) Rules 2007 as a consequence of the enactment of the Children Legislation Amendment Act 2016 and the Bail Amendment Act 2016.

2Authorising provisions

These Rules are made under section 588 of the Children, Youth and Families Act 2005 and all other enabling powers.

3Commencement

(1)These Rules, except Part 3, come into operation on 11 April 2016.

(2)Part 3 comes into operation on 2 May 2016.

4Principal Rules

In these Rules, the Children, Youth and Families (Children's Court Family Division) Rules 2007[1] are called the Principal Rules.

Part 2—Amendments relating to enactment of Children Legislation Amendment Act 2016

5Form 18 amended—Undertaking—protection order

In Form 18 of the Principal Rules, before the heading "Details of the undertaking" insert—

"*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 Children, Youth and Families Act 2005 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 Children, Youth and Families Act 2005 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 Children, Youth and Families Act 2005 still exist.".

6Form 20 amended—Family preservation order

(1)In Form 20 of the Principal Rules, before the heading "Details of the order" insert—

"*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 Children, Youth and Families Act 2005 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 Children, Youth and Families Act 2005 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 Children, Youth and Families Act 2005 still exist.".

(2)In Form 20 of the Principal Rules, for "extend the order is determined by the Court." substitute "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.".

7Form 23 amended—Family reunification order

(1)In Form 23 of the Principal Rules, before the heading "Details of the order" insert—

"*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 Children, Youth and Families Act 2005 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 Children, Youth and Families Act 2005 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 Children, Youth and Families Act 2005 still exist.".

(2)In Form 23 of the Principal Rules, for "extend the order is determined by the Court." substitute "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.".

8Form 24 amended—Care by Secretary order

(1)In Form 24 of the Principal Rules, before the heading "Details of the order" insert—

"*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 Children, Youth and Families Act 2005 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 Children, Youth and Families Act 2005 still exist.".

(2)In Form 24 of the Principal Rules, omit "/*until the current application to extend the order is determined by the Court".

9Form 25 amended—Long-term care order

In Form 25 of the Principal Rules, for "*The Children's Court finds proved a breach of the current protection order in respect of the child." substitute—

"*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 Children, Youth and Families Act 2005 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 Children, Youth and Families Act 2005 still exist.".

10Form 32 amended—Permanent care order

In Form 32 of the Principal Rules for
"*Parental responsibility for the child is conferred jointly on—[names and addresses]" substitute—

"*to the exclusion of all other persons.

*Parental responsibility for the child is conferred jointly on—[names and addresses]".

11New Forms 41 and 42 inserted

After Form 40 of the Principal Rules insert—

"FORM 41

Rule 5

Children, Youth and Families Act 2005

(Section 289(1A))

APPLICATION FOR CARE BY SECRETARY ORDER

Court Ref.

Name of Child

*Male/*Female

Date of Birth

Address

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).

*The Secretary has directed that on [date] 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 Children, Youth and Families Act 2005, the family reunification order has been taken to be a family preservation order.

*pursuant to section 289A(1)(c) of the Children, Youth and Families Act 2005, the care by Secretary order has been taken to be a family preservation order.

Details of the application

The Secretary applies for a care by Secretary order.

The grounds for the application are

[set out grounds]

Applicant's name

Agency and address

Phone

Date

Signature

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 [insert time and date] at the Children's Court at [venue name and address].

Issued at:

Date:

Registrar

*Delete if not applicable

__________________

FORM 42

Rule 5

Children, Youth and Families Act 2005

(Section 290(1A))

APPLICATION FOR LONG-TERM CARE ORDER

Court Ref.

Name of Child

*Male/*Female

Date of Birth

Address

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).

*The Secretary has directed that on [date] 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 Children, Youth and Families Act 2005, the family reunification order has been taken to be a family preservation order.

*pursuant to section 289A(1)(c) of the Children, Youth and Families Act 2005, the care by Secretary order has been taken to be a family preservation order.

Details of the application

The Secretary applies for a long-term care order.

The grounds for the application are

[set out grounds]

Applicant's name

Agency and address

Phone

Date

Signature

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 [insert time and date] at the Children's Court at [venue name and address].

Issued at:

Date:

Registrar

*Delete if not applicable

__________________".

Part 3—Amendments relating to enactment of Bail Amendment Act 2016

12Rule 10 amended

(1)In the heading to Rule 10 of the Principal Rules for "President" substitute "Court".

(2)In Rule 10 of the Principal Rules—

(a)omit "(1)"; and

(b)after "the President" insert "or a magistrate".

13Form 38 amended

In Form 38 of the Principal Rules—

(a)omit "the President of"; and

(b)for "section 534(1)" substitute "section 534".

Dated:    11 April 2016

AMANDA CHAMBERS,

President of the Children's Court of Victoria

JENNIFER BOWLES,
Magistrate

KIM M. W. PARKINSON,
Magistrate

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Endnotes

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