Untitled document

Children, Youth and Families (Children's Court Family Division) (Amendment No. 4) Rules 2013

S.R. No. 145/2013

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Search warrant (safe custody)—Form 36

6Form 1 amended

7Form 3 amended

8Form 4 amended

9Form 6 amended

10Form 8 amended

11Form 9 amended

12Form 10 amended

13Form 11 amended

14Form 15 amended

15New Form 15A inserted

Form 15A—Application to Vary an Interim Accommodation Order or for a New Order—Interim
Accommodation Order made under
Section 262(1)(C)

16Form 16 amended

17New Form 16A inserted

Form 16A—Notice of Hearing—Breach of an Interim Accommodation Order made under
Section 262(1)(C)

18Form 19 amended

19Form 26 amended

20Form 27 amended

21Form 28 amended

22Form 29 amended

23Form 30 amended

24Form 31 amended

25Form 33 amended

26Form 34 amended

27Form 36 substituted

Form 36—Children's Court Search Warrant (Emergency
Care)

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 145/2013

Children, Youth and Families Act 2005

Children, Youth and Families (Children's Court Family Division) (Amendment No. 4) Rules 2013

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

1Object

The object of these Rules is to make amendments to the Children, Youth and Families (Children's Court Division) Rules 2007 required as a consequence of the Children, Youth and Families Amendment Act 2013.

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 1 December 2013.

4Principal Rules

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

5Search warrant (safe custody)—Form 36

In the heading to Rule 8 of the Principal Rules, for "safe custody" substitute "emergency care".

6Form 1 amended

In Form 1 of the Principal Rules, for the words and expressions commencing "*To the parent(s)" and ending at "for the hearing of this application." substitute—

"*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.".

7Form 3 amended

In Form 3 of the Principal Rules, before the heading "Details of the hearing" insert—

"Notice to 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.".

8Form 4 amended

In Form 4 of the Principal Rules, for the words and expressions commencing "To the applicant and child" and ending at "for the hearing of this application." substitute—

"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.".

9Form 6 amended

In Form 6 of the Principal Rules, for "To the applicant and child—You must come to the hearing of this application." substitute—

"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.".

10Form 8 amended

In Form 8 of the Principal Rules, before the heading "Details of the hearing" insert—

"Notice to 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.".

11Form 9 amended

In Form 9 of the Principal Rules, for the words and expressions commencing "To the child and applicant" and ending at "in your absence." substitute—

"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.".

12Form 10 amended

In Form 10 of the Principal Rules—

(a)for "taken into safe custody" substitute "placed in emergency care";

(b)for the words and expressions commencing "Notice to Parents and child" and ending at "the hearing of this application." (where second occurring) substitute—

"Notice to 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.";

(c)for "Affidavit/Declaration of Service of Protection Application" substitute—

"Affidavit/Declaration of Service of Protection Application

Name of Child—";

(d)after "his or her last known place of *residence/*business" (wherever occurring) insert "at (address)".

13Form 11 amended

In Form 11 of the Principal Rules, for the words and expressions commencing "Notice to custodian or child" and ending at "in your absence." substitute—

"Notice to 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) or person who has custody of the child—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.".

14Form 15 amended

In Form 15 of the Principal Rules, before the heading "Details of the hearing" insert—

"Notice to 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.".

15New Form 15A inserted

After Form 15 of the Principal Rules insert—

"FORM 15A

Rule 5

Children, Youth and Families Act 2005

(Sections 268, 270)

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

Court Ref.—

Name of Child—

*Male/*Female

Date of Birth—

Address—

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)

Applicant's name—

Agency and address—

Phone—

Date—

(Signature)

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 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) or other person with whom child is living—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) a.m./*p.m. on (date) at the Children's Court at (venue name and address).

Issued at—

Date—

Registrar

* delete if not applicable.

__________________".

16Form 16 amended

(1)In the title of Form 16 of the Principal Rules, for "NOTICE TO APPEAR BEFORE THE CHILDREN'S COURT" substitute "NOTICE OF HEARING".

(2)In Form 16 of the Principal Rules, for the words and expressions commencing "Notice to parent or child" and ending at "time listed below." (where second occurring) substitute—

"Notice to 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.".

17New Form 16A inserted

After Form 16 of the Principal Rules insert—

"FORM 16A

Rule 5

Children, Youth and Families Act 2005

(Section 269)

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

Court Ref.—

Name of Child—

*Male/*Female

Date of Birth—

Address—

Details of the 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).

Applicant's name—

Agency and address—

Phone—

Date—

(Signature)

Notice to 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) or other person with whom the child is living—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) a.m./*p.m. on (date) at the Children's Court at (venue name and address).

Issued at—

Registrar

* delete if not applicable.

__________________".

18Form 19 amended

In Form 19 of the Principal Rules, before the heading "Details of the hearing" insert—

"Notice to 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) or person with whom child is living—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.".

19Form 26 amended

In Form 26 of the Principal Rules, for the words and expressions commencing "The further hearing" and ending at "(venue name and address)." substitute—

"The further hearing of this case will be held at (time) a.m./*p.m. on (date) at the Children's Court at (venue name and address).

Notice to parties

*To the child—You are required to appear at Court for the further hearing of this case.

*To the child—You are not required to come to the further hearing of this case unless you wish to do so.

To the parent(s) or person with whom child is living—You are required to appear at Court for the further hearing of this case.".

20Form 27 amended

In Form 27 of the Principal Rules, for the words and expressions commencing "To the child and applicant" and ending at "in your absence." substitute—

"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.".

21Form 28 amended

In Form 28 of the Principal Rules, before the heading "Details of the hearing" insert—

"Notice to 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) or person granted custody or with whom child is living—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.".

22Form 29 amended

In Form 29 of the Principal Rules, before the heading "Details of the hearing" insert—

"Notice to 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.".

23Form 30 amended

In Form 30 of the Principal Rules, before the heading "Details of the hearing" insert—

"Notice to 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.".

24Form 31 amended

In Form 31 of the Principal Rules, for the words and expressions commencing "To the child and applicant" and ending at "in your absence." substitute—

"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) and proposed carer(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.".

25Form 33 amended

In Form 33 of the Principal Rules—

(a)for "order granting custody and guardianship of the child to" substitute "order granting custody and guardianship of the child to—";

(b)before the heading "Details of the hearing" insert—

"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) or person granted custody and guardianship—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.".

26Form 34 amended

(1)For the title to Form 34 of the Principal Rules substitute—

"NOTICE OF HEARING—BREACH OF PROTECTION ORDER".

(2)In Form 34 of the Principal Rules, for the words and expressions commencing "To the child" and ending at "time listed below." (where second occurring) substitute—

"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.".

27Form 36 substituted

For Form 36 of the Principal Rules substitute—

"FORM 36

Rule 8

Children, Youth and Families Act 2005

(Sections 237, 241 to 243, 247, 247A, 261, 268 to 270, 291,

313 to 315, 598)

CHILDREN'S COURT SEARCH WARRANT
(EMERGENCY CARE)

Court Ref:

Name or description of child

[and address if applicable]

*Male/*Female

Date of birth

AUTHORITY AND DIRECTIONS

To [name of a member of the police force] or [all members of the police force]

You are authorised to:

break, enter and search any place where the child named or described in this warrant is suspected to be and place in emergency care the child named or described in this warrant;

AND if the warrant is issued under section 237 of the Act,

to bring the child to the Secretary of the Department of Human Services to enable the Secretary to exercise his or her powers under the temporary assessment order.

AND if the warrant is issued under section 241, 243, 261, 291, 313 or 314 of the Act, or is issued under section 268 or 270 of the Act and the child is not the subject of an interim accommodation order made under section 262(1)(c) of the Act,

the Court must hear an application for an interim accommodation order in respect of the child as soon as practicable and, in any event, within one working day after the child is placed in emergency care.  Unless the Court hears an application for an interim accommodation order within 24 hours after the child was placed in emergency care, a bail justice must hear an application for an interim accommodation order in respect of the child as soon as possible within that period of 24 hours.

* release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below.

OR if the warrant is issued under section 247 of the Act, or is issued under section 268 or 270 of the Act and the child is the subject of an interim accommodation order made under section 262(1)(c) of the Act, to

bring the child before the Court for the hearing of an application for an interim accommodation order as soon as practicable and, in any event, within one working day after the child was placed in emergency care.  Unless the child is brought before the Court within 24 hours after the child was placed in emergency care, he or she must be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of an application for an interim accommodation order.

* release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below.

OR if the warrant is issued under section 269 of the Act, and the child is not the subject of an interim accommodation order made under section 262(1)(c) of the Act,

the Court must hear an application under section 269(7) of the Act as soon as practicable and, in any event, within one working day after the child is placed in emergency care. Unless the Court hears the application within 24 hours after the child was placed in emergency care, a bail justice must hear the application as soon as possible within that period of 24 hours.

* release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below.

OR if the warrant is issued under section 269 of the Act and the child is the subject of an interim accommodation order made under section 262(1)(c) of the Act, to

bring the child before the Court for the hearing of an application under section 269(7) of the Act as soon as practicable and, in any event, within one working day after the child was placed in emergency care. Unless the child is brought before the Court within 24 hours after the child was placed in emergency care, he or she must be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of the application.

* release the child on an interim accommodation order of the type referred to in section 263(1)(a) or 263(1)(b) of the Act in accordance with the endorsement below.

OR if the warrant is issued under section 598(1)(a) of the Act, to

bring the child before the Court as soon as practicable and, in any event, within one working day after the child was placed in emergency care.

OR if the warrant is issued under section 598(1)(b) or (c) of the Act,

the member of the police force who executed this warrant or another member of the police force must take the child to the place specified in this warrant or, if no place is specified, to a place determined by the Secretary of the Department of Human Services or, in the absence of a determination, to a place referred to in section 173 of the Act.

Place specified: [insert details]

ENDORSEMENTS

*The child may be released on an interim accommodation order, and the further hearing of this matter will be held at the Children's Court at [venue] at [time] a.m./p.m. on [date].

*The child is to appear for the further hearing of this matter at the Children's Court.

Applicant's name:

Agency and address:

Phone:

Issued at:

Date:

*Judge/*Magistrate

* delete if not applicable.

__________________".

Dated:    28 November 2013

PETER COUZENS,

President of the Children's Court of Victoria

GREGORY LEVINE,
Magistrate

KAY MACPHERSON,
Magistrate

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ENDNOTES

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