Untitled document
Children, Youth and Families Amendment Act 2013
No. 52 of 2013
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to Children, Youth and Families Act 2005
3Principal Act
4Definitions
5Best interests principles
6When is a child in need of protection?
7What is a case plan?
8What is a stability plan?
9Conduct of proceedings in Family Division
10New section 215A inserted
215AStandard of proof
11New section 215B inserted
215BManagement of child protection proceedings
12New section 216A inserted
216AChild not required to attend Court in Family Division
13Division heading amended
14Referral of application to dispute resolution conference
15What is a facilitative conference?
16Section 219 repealed
17Guidelines for dispute resolution conferences
18Time and place of dispute resolution conference
19Who is to attend a dispute resolution conference?
20Report to Court by convenor
21Court to consider report of convenor
22Immunity of participants
23Confidentiality of dispute resolution conferences
24Dispute resolution convenors
25Action by protective intervener
26Protective intervener may take child in need of protection
into safe custody27Actions on taking child into safe custody
28Making a protection application without taking child into safe custody
29Issue of search warrant if child does not appear
30New section 247A inserted
247AActions on placing child in emergency care—
therapeutic treatment application
31Therapeutic treatment (placement) order
32Proceeding on application if party does not appear
33Interim accommodation order
34Conditions of interim accommodation order
35Application for variation of interim accommodation order
36Procedure on breach of interim accommodation order
37Application for new interim accommodation order
38Custody to third party order
39Supervised custody order
40Custody to Secretary order
41Interim protection order
42Matters to be taken into account
43Breach of protection order—notice to appear
44Taking child into safe custody when notice is served
45Taking child into safe custody without notice
46Section 315 amended
47Interim protection order expires on making of interim accommodation order
48Decision of Court
49Permanent care order
50Breach of undertaking
51Breach of bond
52Bail
53Offences in relation to community service etc.
54New section 528A
528AEnforcement of costs orders made in the Family
Division
55Section 587 substituted
587Notice to be filed if child is placed in emergency
care or apprehended without warrant
56Powers of Secretary in relation to medical services and operations
57Heading to Part 8.3 substituted
58Circumstances in which child may be taken into safe custody
59Persons whose consent is required
60Statute law revision
61New sections 624 to 626 inserted
624Transitional provision—Children, Youth and
Families Amendment Act 2013625Transitional regulation-making powers—Children, Youth and Families Amendment Act 2013
626Repeal of transitional regulation-making powers—Children, Youth and Families Amendment
Act 2013
Part 3—Amendments to Family Violence Protection Act 2008
62Court may close proceeding to public
63Attendance at court of author of assessment report
64Notice of appeal
65Person giving report may be required to attend hearing
66New section 147A inserted
147AJurisdiction of Children's Court to deal with applications related to child protection proceedings
67Application of Magistrates' Court Act 1989 and rules
68Application for leave to appeal under Division 9 of Part 4 by vexatious litigant
69New Division 8 of Part 14 inserted
Division 8—Children, Youth and Families Amendment Act 2013
225Transitional provision—Children, Youth and
Families Amendment Act 2013
Part 4—Amendments to Personal Safety Intervention Orders Act 2010
70Definitions
71Registrar may provide mediation information
72Court may close proceeding to public
73Attendance at court of author of assessment report
74Who may apply to vary, revoke or extend personal safety intervention order
75Notice of appeal
76New section 104A inserted
104AJurisdiction of Children's Court to deal with
applications related to child protection proceedings
77Costs
78Application for leave to appeal under Division 11 of Part 3
by vexatious litigant79New Division 3 of Part 13 inserted
Division 3—Children, Youth and Families Amendment Act 2013
197Transitional provision—Children, Youth and
Families Amendment Act 2013
Part 5—Consequential Amendments to Other
Acts
80Amendment to the Coroners Act 2008
81Amendment to Commonwealth Powers (Family Law‑Children) Act 1986
Part 6—Repeal of Amending Act
82Repeal of amending Act
═══════════════
Endnotes
Children, Youth and Families Amendment Act 2013
No. 52 of 2013
[Assented to 24 September 2013]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Children, Youth and Families Act 2005—
(i)to amend requirements for attendance of children at hearings in certain proceedings before the Family Division; and
(ii)to replace the term access with contact; and
(iii)to clarify the standard of proof that applies in child protection proceedings; and
(iv)to provide further for the conduct of proceedings in the Family Division; and
(v)to replace dispute resolution conferences with conciliation conferences in the Family Division; and
(vi)to replace the term safe custody with emergency care; and
(vii)to provide further for certain breach proceedings under Divisions 3 and 4 of Part 5.3 of Chapter 5; and
(viii)to provide for enforcement of costs orders made by the Children's Court in proceedings in the Family Division, or under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010; and
(b)to amend the Family Violence Protection Act 2008 to give the Children's Court jurisdiction over certain applications for family violence intervention orders if there are related child protection proceedings; and
(c)to amend the Personal Safety Intervention Orders Act 2010 to give the Children's Court jurisdiction over certain applications for personal safety intervention orders if there are related child protection proceedings; and
(d)to make necessary consequential amendments to other Acts.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 June 2014, it comes into operation on that day.
__________________
Part 2—Amendments to Children, Youth and Families Act 2005
3Principal Act
In this Part, the Children, Youth and Families Act 2005 is called the Principal Act.
4Definitions
In section 3(1) of the Principal Act—
(a)the definition of access is repealed;
(b)the definition of safe custody is repealed;
(c)insert the following definition—
"contact (unless the context otherwise requires) means the contact of a child with a person who does not have custody of the child by way of—
(a)a visit by or to that person, including attendance for a period of time at a place other than the child's usual place of residence; or
(b)communication with that person by letter, telephone or other means—
and includes overnight contact;";
(d)insert the following definition—
"emergency care means placement in accordance with section 242(5) or 247A(4);";
(e)in paragraph (b) of the definition of judicial resolution conference for "dispute resolution" substitute "conciliation";
(f)in the definition of search warrant, for "take into safe custody" substitute "place in emergency care".
5Best interests principles
In section 10(3)(k) of the Principal Act, for "access" substitute "contact".
6When is a child in need of protection?
After section 162(2) of the Principal Act insert—
"(3)For the purposes of subsection (1)(c), (d), (e) and (f)—
(a)the Court may find that a future state of affairs is likely even if the Court is not satisfied that the future state of affairs is more likely than not to happen;
(b)the Court may find that a future state of affairs is unlikely even if the Court is not satisfied that the future state of affairs is more unlikely than not to happen.".
7What is a case plan?
In section 166(2)(b) of the Principal Act, for "access to" substitute "contact with".
8What is a stability plan?
In section 169(3)(d) of the Principal Act, for "access by the child to" substitute "contact by the child with".
9Conduct of proceedings in Family Division
Section 215(1)(c) of the Principal Act is repealed.
10New section 215A inserted
After section 215 of the Principal Act insert—
"215A Standard of proof
The standard of proof of any fact in an application under this Act in the Family Division is the balance of probabilities.".
11New section 215B inserted
Before section 216 of the Principal Act insert—
"215B Management of child protection proceedings
(1)Without limiting Part 1.2 or section 215(1), in any proceeding before the Family Division under this Act, the Court may—
(a)consider the needs of the child and the impact that the proceeding may have on the child;
(b)conduct proceedings in a manner that promotes cooperative relationships between the parties;
(c)ask any person connected to the proceeding whether that person considers that—
(i)the child has been, or is at risk of being, subjected to or exposed to abuse, neglect or family violence;
(ii)he or she or any other person connected to the proceeding has been, or is at risk of being subjected to family violence;
(d)actively direct, control and manage proceedings;
(e)narrow the issues in dispute;
(f)determine the order in which the issues are decided;
(g)give directions or make orders about the timing of steps that are to be taken in proceedings;
(h)in deciding whether a particular step is to be taken, consider whether the likely benefits justify the costs of taking it;
(i)make appropriate use of technology, such as videoconferencing;
(j)deal with as many aspects of the matter on a single occasion as possible;
(k)where possible, deal with the matter without requiring the parties attend Court;
(l)do any other thing that the Court thinks fit.
(2)In this section—
family violence has the meaning given in the Family Violence Protection Act 2008.".
12New section 216A inserted
After section 216 of the Principal Act insert—
"216A Child not required to attend Court in Family Division
In any proceeding before the Family Division under this Act, a child is not required to attend before the Court unless—
(a)the child expresses a wish to attend; or
(b)the Court orders that the child attend; or
(c)this Act requires that the child attend.
Note
A child is not required to attend the hearing of a proceeding only because documents have been served on the child under this Act.".
13Division heading amended
In the heading to Division 2 of Part 4.7 of Chapter 4 of the Principal Act, for "Dispute resolution" substitute "Conciliation".
14Referral of application to dispute resolution conference
(1)In the heading to section 217 of the Principal Act, for "dispute resolution" substitute "conciliation".
(2)In section 217(1) and (2) of the Principal Act, for "dispute resolution" substitute "conciliation".
(3)Section 217(3) of the Principal Act is repealed.
15What is a facilitative conference?
(1)In the heading to section 218 of the Principal Act, for "facilitative" substitute "conciliation".
(2)In section 218(1) and (2) of the Principal Act, for "facilitative" substitute "conciliation".
16Section 219 repealed
Section 219 of the Principal Act is repealed.
17Guidelines for dispute resolution conferences
(1)In the heading to section 220 of the Principal Act, for "dispute resolution" substitute "conciliation".
(2)In section 220 of the Principal Act, for "dispute resolution" substitute "conciliation".
18Time and place of dispute resolution conference
(1)In the heading to section 221 of the Principal Act, for "dispute resolution" substitute "conciliation".
(2)In section 221 of the Principal Act, for "dispute resolution" substitute "conciliation".
19Who is to attend a dispute resolution conference?
(1)In the heading to section 222 of the Principal Act, for "dispute resolution" substitute "conciliation".
(2)In section 222 of the Principal Act, for "dispute resolution" (wherever occurring) substitute "conciliation".
(3)After section 222(6) of the Principal Act insert—
"(7)A convenor or the convenors of a conciliation conference may—
(a)permit any other person to attend the conference; and
(b)specify whether, or in what manner, the person may participate in the conference; and
(c)require the person to leave the conference at any time; and
(d)require that any other specified person not attend the conference.".
20Report to Court by convenor
(1)In section 223(1) of the Principal Act, for "facilitative" substitute "conciliation".
(2)Section 223(2) of the Principal Act is repealed.
21Court to consider report of convenor
In section 224 of the Principal Act, for "dispute resolution" substitute "conciliation".
22Immunity of participants
In section 225 of the Principal Act, for "dispute resolution" (wherever occurring) substitute "conciliation".
23Confidentiality of dispute resolution conferences
(1)In the heading to section 226 of the Principal Act, for "dispute resolution" substitute "conciliation".
(2)In section 226 of the Principal Act, for "dispute resolution" (wherever occurring) substitute "conciliation".
24Dispute resolution convenors
In the heading to section 227 of the Principal Act, for "Dispute resolution" substitute "Conciliation".
25Action by protective intervener
(1)For section 240(1)(a) of the Principal Act substitute—
"(a)serve a notice under section 243 stating that a protection application in respect of the child will be made to the Court; or".
(2)In section 240(1)(b) of the Principal Act, for "take the child into safe custody" (wherever occurring) substitute "place the child in emergency care".
26Protective intervener may take child in need of protection into safe custody
(1)For the heading to section 241 of the Principal Act substitute—
"Protective intervener may place child in need of protection in emergency care".
(2)In section 241(1) of the Principal Act—
(a)in paragraph (a), for "take the child into safe custody" (where twice occurring) substitute "place the child in emergency care"; and
(b)in paragraph (b), for "taken into safe custody" substitute "placed in emergency care".
27Actions on taking child into safe custody
(1)For the heading to section 242 of the Principal Act substitute—
"Actions on placing child in emergency care".
(2)In section 242(1) of the Principal Act—
(a)for "taking a child into safe custody" substitute "placing a child in emergency care"; and
(b)for "taking of children into safe custody" substitute "placing of children in emergency care".
(3)For section 242(2), (3) and (4) of the Principal Act substitute—
"(2)If a child has been placed in emergency care under section 241, 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 was placed in emergency care.
(3)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.".
(4)In section 242(5) of the Principal Act, for "Until a child taken into safe custody under section 241 is brought before the Court or a bail justice for the making of an interim accommodation order, the child" substitute "Until an application for an interim accommodation order is made to the Court or a bail justice, a child placed in emergency care under section 241".
28Making a protection application without taking child into safe custody
(1)In the heading to section 243 of the Principal Act, for "taking child into safe custody" substitute "placing child in emergency care".
(2)For section 243(1) of the Principal Act substitute—
"(1)If a protective intervener is satisfied on reasonable grounds that a child is in need of protection, he or she may serve a notice stating that a protection application in respect of the child will be made to the Court on a day and at a time specified in the notice.".
(3)For section 243(3) of the Principal Act substitute—
"(3)If the Court orders that the child appear before the Court for the hearing of the protection application and the child does not appear, the Court may, if satisfied that the order has come to the attention of the child's parent or, if the child is of or above the age of 12 years, the child and, if practicable, the child's parent, issue a search warrant for the purpose of having the child placed in emergency care.".
29Issue of search warrant if child does not appear
(1)In section 247(1) of the Principal Act, for "taken into safe custody" substitute "placed in emergency care".
(2)For section 247(2) of the Principal Act substitute—
"(2)A search warrant issued by the Court under subsection (1)—
(a)may only be directed to a named member of the police force or generally all members of the police force; and
(b)may be endorsed by the person issuing it with a direction that the child be released on an interim accommodation order of the type referred to in section 263(1)(a) or (b) as specified in the endorsement.".
30New section 247A inserted
After section 247 of the Principal Act insert—
"247A Actions on placing child in emergency care—therapeutic treatment application
(1)On the placement in emergency care on a search warrant under section 247(1) of a child who is the subject of a therapeutic treatment application, a protective intervener must give to—
(a)the child's parents, unless they cannot be found after reasonable enquiries; and
(b)the child, if he or she is of or above the age of 12 years—
a written statement containing the prescribed information relating to the placing of children in emergency care.
(2)Subject to subsection (4), a child placed in emergency care on a search warrant must be brought 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.
(3)Unless a child is brought before the Court under subsection (2) 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.
(4)Until a child placed in emergency care on a search warrant is brought before the Court or a bail justice for the making of an interim accommodation order, the child may only be placed—
(a)in an out of home care service; or
(b)if there is a substantial and immediate risk of harm to the child, in a secure welfare service; or
(c)in other accommodation approved by the Secretary in accordance with the prescribed criteria (if any).".
31Therapeutic treatment (placement) order
In section 253(c)(i) of the Principal Act, for "access by" substitute "contact with".
32Proceeding on application if party does not appear
For section 261(1) of the Principal Act substitute—
"(1)If the Court orders that the child appear before the Court for the hearing of the irreconcilable difference application, and the child does not appear, the Court may issue a search warrant for the purpose of having the child placed in emergency care.".
33Interim accommodation order
In section 262(1) of the Principal Act—
(a)in paragraph (a), for "taken into safe custody" substitute "placed in emergency care";
(b)in paragraph (c), for "taken into safe custody" substitute "placed in emergency care";
(c)in paragraph (j), for "taken into safe custody" substitute "placed in emergency care".
34Conditions of interim accommodation order
In section 263(8) of the Principal Act, for "access of a parent or other person to" substitute "contact with a parent or other person by".
35Application for variation of interim accommodation order
(1)For section 268(3) of the Principal Act substitute—
"(3)On an application under subsection (2) by a protective intervener, he or she may serve—
(a)unless paragraph (b) applies, a notice stating that an application for variation of the conditions included in the interim accommodation order will be made to the Court on a day and at a time specified in the notice; or
(b)if the child is the subject of an interim accommodation order made under section 262(1)(c), a notice directing—
(i)the child to appear before the Court; and
(ii)the parent or other person with whom the child is living to produce the child before the Court.".
(2)In section 268(5) of the Principal Act—
(a)after "does not appear before the Court" insert ", in the case of a notice under subsection (3)(a), if ordered to do so by the Court or, in the case of a notice under subsection (3)(b),";
(b)in paragraph (a), for "take the child into safe custody" substitute "place the child in emergency care";
(c)in paragraph (b)—
(i)after "if satisfied that the" insert
"order or"; and
(ii)for "taken into safe custody" substitute "placed in emergency care".
(3)For section 268(6) of the Principal Act substitute—
"(6)Sections 241 and 242 apply, or if the child is the subject of an interim accommodation order made under section 262(1)(c) sections 247(2) and 247A apply, with any necessary modifications to—
(a)the placing of a child in emergency care (with or without a warrant) under this section; and
(b)the issue and execution of a search warrant under this section.".
(4)After section 268(7) of the Principal Act insert—
"(8)If the child is not required to appear before the Court on the hearing of an application under this section, the Court may hear and determine the application in the absence of the child.".
36Procedure on breach of interim accommodation order
(1)For section 269(1) of the Principal Act substitute—
"(1)If a protective intervener has reasonable grounds for believing that an interim accommodation order or any condition of an interim accommodation order has not been, or is not being, complied with, he or she may serve—
(a)unless paragraph (b) applies, a notice stating that an application for an order under subsection (7) will be made to the Court on a day and at a time specified in the notice; or
(b)if the child is the subject of an interim accommodation order made under section 262(1)(c), a notice directing—
(i)the child to appear before the Court; and
(ii)the parent or other person with whom the child is living to produce the child before the Court.".
(2)In section 269(3) of the Principal Act—
(a)after "does not appear before the Court" insert ", in the case of a notice under subsection (1)(a), if ordered to do so by the Court or, in the case of a notice under subsection (1)(b),"; and
(b)in paragraph (a), for "take the child into safe custody" substitute "place the child in emergency care"; and
(c)in paragraph (b)—
(i)after "if satisfied that the" insert
"order or"; and
(ii)for "taken into safe custody" substitute "placed in emergency care".
(3)In section 269(4) of the Principal Act—
(a)for "take the child into safe custody" substitute "place the child in emergency care"; and
(b)for "taken into safe custody" substitute "placed in emergency care".
(4)For section 269(5) of the Principal Act substitute—
"(5)As soon as possible after a child is placed in emergency care under subsection (4) and in any event within 24 hours after that placement—
(a)unless paragraph (b) applies, the application for an order under subsection (7) must be made to the Court or a bail justice; or
(b)if the child is the subject of an interim accommodation order made under section 262(1)(c), the child must be brought before the Court or a bail justice.".
(5)For section 269(6) of the Principal Act substitute—
"(6)Sections 241 and 242 apply, or if the child is the subject of an interim accommodation order made under section 262(1)(c) sections 247(2) and 247A apply, with any necessary modifications to—
(a)the placing of a child in emergency care (with or without a warrant) under this section; and
(b)the issue and execution of a search warrant under this section.".
(6)After section 269(7) of the Principal Act insert—
"(8)If the child is not required to appear before the Court on the hearing of an application under this section, the Court may hear and determine the application in the absence of the child.".
37Application for new interim accommodation order
(1)For section 270(3) of the Principal Act substitute—
"(3)On an application under subsection (2) by a protective intervener, he or she may serve—
(a)unless paragraph (b) applies, a notice stating that an application for a new interim accommodation order will be made to the Court on a day and at a time specified in the notice; or
(b)if the child is the subject of an interim accommodation order made under section 262(1)(c), a notice directing—
(i)the child to appear before the Court; and
(ii)the parent or other person with whom the child is living to produce the child before the Court.".
(2)In section 270(5) of the Principal Act—
(a)after "does not appear before the Court" insert ", in the case of a notice under subsection (3)(a), if ordered to do so by the Court or, in the case of a notice under subsection (3)(b),";
(b)in paragraph (a), for "take the child into safe custody" substitute "place the child in emergency care";
(c)in paragraph (b)—
(i)for "taken into safe custody" substitute "placed in emergency care"; and
(ii)after "if the Court is satisfied that the" insert "order or".
(3)In section 270(6)(a) of the Principal Act, for "take the child into safe custody" substitute "place the child in emergency care".
(4)For section 270(7) of the Principal Act substitute—
"(7)Sections 241 and 242 apply, or if the child is the subject of an interim accommodation order made under section 262(1)(c) sections 247(2) and 247A apply, with any necessary modifications to—
(a)the placing of a child in emergency care (with or without a warrant) under this section; and
(b)the issue and execution of a search warrant under this section.".
(5)For section 270(8) of the Principal Act substitute—
"(8)As soon as possible after a child is placed in emergency care under subsection (6) and in any event within 24 hours after that placement—
(a)unless paragraph (b) applies, the application for a new interim accommodation order must be made to the Court or a bail justice; or
(b)if the child is the subject of an interim accommodation order made under section 262(1)(c), the child must be brought before the Court or a bail justice.".
(6)After section 270(9) of the Principal Act insert—
"(9A)If the child is not required to appear before the Court on the hearing of an application under this section, the Court may hear and determine the application in the absence of the child.".
38Custody to third party order
In section 283(1)(e)(i) of the Principal Act, for "access by" substitute "contact with".
39Supervised custody order
In section 284(1)(e)(i) of the Principal Act, for "access by" substitute "contact with".
40Custody to Secretary order
In section 287(1)(d)(i) of the Principal Act, for "access by" substitute "contact with".
41Interim protection order
(1)In section 291(3)(d) of the Principal Act, before "must require" insert "subject to subsection (3A),".
(2)After section 291(3) of the Principal Act insert—
"(3A)An interim protection order must not require a child to appear before the Court unless the Court considers it necessary for the child to appear.".
(3)In section 291(3)(f) of the Principal Act, for "access by" substitute "contact with".
(4)In section 291(4) of the Principal Act—
(a)in paragraph (a), for "take the child into safe custody" substitute "place the child in emergency care"; and
(b)in paragraph (b), for "taken into safe custody" substitute "placed in emergency care".
(5)In section 291(5) of the Principal Act, for "the taking of a child into safe custody" substitute
"the placing of a child in emergency care".
(6)In section 291(6) of the Principal Act, for "On the child appearing or being brought before the Court under this section" substitute "On the hearing date specified in the order or a notice under subsection (3)(d) or, if the child has been placed in emergency care under subsection (4) on further hearing of the matter".
(7)After section 291(6) of the Principal Act insert—
"(7)If the child is not required to appear before the Court under this section, the Court may make or refuse to make a further protection order under subsection (6) in the absence of the child.".
42Matters to be taken into account
In section 295(3)(a) of the Principal Act, for "access" substitute "contact".
43Breach of protection order—notice to appear
(1)In the heading to section 312 of the Principal Act, for "to appear" substitute "of application".
(2)In section 312(1) of the Principal Act, for the words and expressions commencing "the Secretary may by notice direct" and ending at the end of the subsection substitute "the Secretary may serve a notice stating that an application will be made to the Court on a day and at a time specified in the notice for an order under section 318(2) confirming, varying or revoking the protection order.".
44Taking child into safe custody when notice is served
(1)For the heading to section 313 of the Principal Act substitute—
"Placing child in emergency care when notice is served".
(2)In section 313 of the Principal Act—
(a)for "at the time stated in the notice" substitute "if ordered to do so by the Court"; and
(b)in paragraph (a), for "take the child into safe custody" substitute "place the child in emergency care"; and
(c)in paragraph (b)—
(i)for "notice" substitute "order"; and
(ii)for "under" substitute "within the meaning of"; and
(iii)for "taken into safe custody" substitute "placed in emergency care".
45Taking child into safe custody without notice
(1)For the heading to section 314 of the Principal Act substitute—
"Placing child in emergency care without notice".
(2)In section 314(2) of the Principal Act, for "take the child into safe custody" substitute "place the child in emergency care".
46Section 315 amended
(1)For the heading to section 315 of the Principal Act substitute—
"Requirements when placing child in emergency care".
(2)In section 315 of the Principal Act, for "taking of a child into safe custody" substitute "placing of a child in emergency care".
47Interim protection order expires on making of interim accommodation order
In section 317(1) of the Principal Act, for "brought before the Court" substitute "the subject of the application".
48Decision of Court
In section 318(1) of the Principal Act, for "On the child being brought before the Court under this Division, the Court may make an order under subsection (2)" substitute "On an application for an order under subsection (2), the Court may make an order under that subsection".
49Permanent care order
In section 321(1)(d) and (e) of the Principal Act, for "access by" substitute "contact with".
50Breach of undertaking
In section 366(3)(b)(i) of the Principal Act, after "office of magistrate" insert "or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court".
51Breach of bond
In section 371(3)(b)(i) of the Principal Act, after "office of magistrate" insert "or it is otherwise impracticable for the first-mentioned magistrate to constitute the Court".
52Bail
In section 420(2) of the Principal Act, after "21" insert "clear".
53Offences in relation to community service etc.
In section 497(c) of the Principal Act, for "access to" substitute "contact with".
54New section 528A
After section 528 of the Principal Act insert—
"528A Enforcement of costs orders made in the Family Division
(1)In this section—
appropriate court means a court that has jurisdiction to enforce an amount of costs equivalent to that required to be paid under an order for costs;
order for costs means an order for costs made by the Court—
(a)in proceedings in the Family Division; or
(b)under section 154 of the Family Violence Protection Act 2008; or
(c)under section 111 of the Personal Safety Intervention Orders Act 2010.
(2)A person in whose favour an order for costs is made may enforce the order by filing in the appropriate court a copy of the order certified by the principal registrar of the Court to be a true copy.
(3)On filing, the order must be taken to be an order of the appropriate court for payment of costs and may be enforced accordingly.".
55Section 587 substituted
For section 587 of the Principal Act substitute—
"587 Notice to be filed if child is placed in emergency care or apprehended without warrant
If under the provisions of this Act (other than section 172(3)) a child is placed in emergency care or apprehended without a warrant and an application is to be made to the Court in respect of the child, the person who placed the child in emergency care or apprehended the child must file with the appropriate registrar as soon as possible after doing so and before the application is made a notice setting out the grounds for placing the child in emergency care or apprehending the child.".
56Powers of Secretary in relation to medical services and operations
(1)In section 597(1)(d) of the Principal Act, for "safe custody" substitute "emergency care".
(2)In section 597(4)(a)(i) of the Principal Act, for "taken into safe custody" substitute "placed in emergency care".
57Heading to Part 8.3 substituted
For the heading to Part 8.3 of Chapter 8 of the Principal Act substitute—
"Part 8.3—Placing Child in Emergency Care".
58Circumstances in which child may be taken into safe custody
(1)In the heading to section 598 of the Principal Act, for "taken into safe custody" substitute "placed in emergency care".
(2)In section 598(1) of the Principal Act, for "taken into safe custody" substitute "placed in emergency care".
(3)In section 598(2) of the Principal Act, for "taken into safe custody" (wherever occurring) substitute "placed in emergency care".
(4)In section 598(3) of the Principal Act, for "taken into safe custody" substitute "placed in emergency care".
59Persons whose consent is required
In clause 4 of Schedule 1 to the Principal Act, for "access to" (wherever occurring) substitute "contact with".
60Statute law revision
In section 531(2) of the Principal Act, for "by oath or affidavit" substitute "by evidence on oath, whether oral or by affidavit,".
61New sections 624 to 626 inserted
After section 623 of the Principal Act insert—
"624 Transitional provision—Children, Youth and Families Amendment Act 2013
(1)Part 4.1 and Division 1 of Part 4.7 as amended by sections 6 and 10 of the Children, Youth and Families Amendment Act 2013, apply to a proceeding that commences on or after the commencement of sections 6 and 10 of that Act.
(2)Part 4.1 and Division 1 of Part 4.7 of this Act as in force immediately before the commencement of sections 6 and 10 of the Children, Youth and Families Amendment Act 2013 apply to a proceeding that had been commenced but not determined before the commencement of sections 6 and 10 of that Act.
(3)Each person who holds the office of convenor immediately before the commencement of section 24 of the Children, Youth and Families Amendment Act 2013, continues on and from that commencement to hold office as a convenor for the purposes of Division 2 of Part 4.7.
(4)Division 2 of Part 4.7 as amended by section 14 of the Children, Youth and Families Amendment Act 2013 applies to an application referred by the Court under section 217 of this Act on or after the commencement of section 14 of that Act.
(5)Division 2 of Part 4.7 as in force immediately before the commencement of section 14 of the Children, Youth and Families Amendment Act 2013 continues to apply to a conference that had been commenced but not completed before the commencement of section 14 of that Act.
(6)Subject to subsections (8) and (11), this Act as in force on or after the commencement of section 12 of the Children, Youth and Families Amendment Act 2013 applies to a proceeding that—
(a)commences on or after that commencement; or
(b)had been commenced but not determined before that commencement.
(7)If a notice under section 243, 268, 269, 270 or 312 had been served but not returned to the Court before the commencement of section 12 of the Children, Youth and Families Amendment Act 2013, on and from that commencement the notice is taken to be a notice stating that an application will be made on the date specified in the notice, unless the child is the subject of an application for a therapeutic treatment order.
(8)This Act as in force immediately before the commencement of section 12 of the Children, Youth and Families Amendment Act 2013 continues to apply to the issue and execution of a search warrant for the purpose of taking a child into safe custody that had been issued but not executed before that commencement.
(9)On the execution of a search warrant referred to in subsection (8), this Act as in force on or after the commencement of section 12 of the Children, Youth and Families Amendment Act 2013 applies to the child taken into safe custody and the making of an interim accommodation order as if the child had been placed in emergency care—
(a)under section 247A(4), if the child is the subject of an application for a therapeutic treatment order; or
(b)under section 242(5), in any other case.
(10)If a child was taken into safe custody before the commencement of section 12 of the Children, Youth and Families Amendment Act 2013 (with or without a warrant) and had not been brought before the Court or a bail justice before that commencement, this Act as in force on that commencement applies to the child taken into safe custody and the making of an interim accommodation order as if the child had been placed in emergency care—
(a)under section 247A(4), if the child is the subject of an application for a therapeutic treatment order; or
(b)under section 242(5), in any other case.
(11)Section 291 as in force immediately before the commencement of section 41 of the Children, Youth and Families Amendment Act 2013 continues to apply to an interim protection order in force immediately before the commencement of section 41 of that Act.
625Transitional regulation-making powers—Children, Youth and Families Amendment Act 2013
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application and savings nature, arising as a result of the enactment of the Children, Youth and Families Amendment Act 2013.
(2)Regulations made under subsection (1) may have a retrospective effect to a day on or after the day on which the Children, Youth and Families Amendment Act 2013 receives the Royal Assent.
(3)To the extent that regulations made under subsection (1) have a retrospective effect, the regulations do not operate so as—
(a)to affect, in a manner prejudicial to any person, the rights of that person existing before the date of the regulations coming into operation; or
(b)to impose liabilities on any person in respect of anything done or omitted to be done before the date of the regulations coming into operation.
(4)Regulations made under subsection (1) have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
626Repeal of transitional regulation-making powers—Children, Youth and Families Amendment Act 2013
Section 625 and this section are repealed on 1 June 2015.".
__________________
Part 3—Amendments to Family Violence Protection Act 2008
62Court may close proceeding to public
In section 68(2) of the Family Violence Protection Act 2008, for "appropriate registrar for the court must post a copy of the order" substitute "court must cause a copy of the order to be posted".
63Attendance at court of author of assessment report
(1)In section 73G(2)(b) of the Family Violence Protection Act 2008, for "with the appropriate registrar at" substitute "in".
(2)In section 73G(3) of the Family Violence Protection Act 2008, for "notify the author of the report" substitute "arrange for the author of the report to be notified".
64Notice of appeal
In section 116(4) of the Family Violence Protection Act 2008—
(a)for "file notice of the appeal" substitute "cause the notice of appeal to be transmitted";
(b)in paragraphs (a) and (b), for "with" substitute "to".
65Person giving report may be required to attend hearing
(1)In section 134(1) of the Family Violence Protection Act 2008 omit "appropriate registrar for the".
(2)In section 134(2) of the Family Violence Protection Act 2008, for "notify the person concerned" substitute "arrange for the person concerned to be notified".
66New section 147A inserted
After section 147 of the Family Violence Protection Act 2008 insert—
"147A Jurisdiction of Children's Court to deal with applications related to child protection proceedings
(1)This section applies if—
(a)an application under this Act is related to a child protection proceeding in the Children's Court; and
(b)each affected family member or protected person and each respondent for the application is an adult.
(2)The Children's Court also has jurisdiction under this Act in relation to the application.
(3)For the purposes of subsection (1), an application is related to a child protection proceeding if—
(a)the child who is the subject of the child protection proceeding is the child of, or is under the care and supervision of, the affected family member or protected person, or the respondent for the application; and
(b)the application under this Act raises issues relating to the safety of the child that are the same as, or similar to, the issues forming the basis for the child protection proceeding.
(4)In this section—
child protection proceeding means a proceeding relating to a child protection order.".
67Application of Magistrates' Court Act 1989 and rules
At the end of section 170 of the Family Violence Protection Act 2008 insert—
"(2)Despite subsection (1), for the purposes of enforcement of an order for costs made under section 154—
(a)Division 5 of Part 5 of the Magistrates' Court Act 1989 and any rules made for the purposes of that Division apply in respect of the order; and
(b)any rules made under that Act relating to, or necessary for, proceedings for enforcement of a costs order apply for the purposes of proceedings for enforcement of the order under that Division.".
68Application for leave to appeal under Division 9 of Part 4 by vexatious litigant
(1)In section 196(2)(a) of the Family Violence Protection Act 2008, for "file" substitute "arrange to be filed".
(2)In section 196(4) of the Family Violence Protection Act 2008, for "by the appropriate registrar for the court that made the order declaring the person to be a vexatious litigant" substitute "under subsection (2)(a)".
69New Division 8 of Part 14 inserted
After Division 7 of Part 14 of the Family Violence Protection Act 2008 insert—
"Division 8—Children, Youth and Families Amendment Act 2013
225Transitional provision—Children, Youth and Families Amendment Act 2013
Section 147A as inserted by section 66 of the Children, Youth and Families Amendment Act 2013 applies to an application under this Act made on or after the commencement of section 66 of that Act.".
__________________
Part 4—Amendments to Personal Safety Intervention Orders Act 2010
70Definitions
In section 4 of the Personal Safety Intervention Orders Act 2010 insert the following definition—
"court official means—
(a)the appropriate registrar; or
(b)a deputy registrar of the court; or
(c)any person employed in any of the offices of the court;".
71Registrar may provide mediation information
(1)In the heading to section 25 of the Personal Safety Intervention Orders Act 2010, for "Registrar" substitute "Court official".
(2)In section 25 of the Personal Safety Intervention Orders Act 2010, for "The appropriate registrar" substitute "A court official".
72Court may close proceeding to public
In section 51(2) of the Personal Safety Intervention Orders Act 2010, for "appropriate registrar for the court must post a copy of the order" substitute "court must cause a copy of the order to be posted".
73Attendance at court of author of assessment report
(1)In section 59(2)(b) of the Personal Safety Intervention Orders Act 2010, for "with the appropriate registrar at" substitute "in".
(2)In section 59(3) of the Personal Safety Intervention Orders Act 2010, for "notify the author of the report" substitute "arrange for the author of the report to be notified".
74Who may apply to vary, revoke or extend personal safety intervention order
In section 85(3) of the Personal Safety Intervention Orders Act 2010, for "the appropriate Registrar" substitute "a court official".
75Notice of appeal
In section 93(4) of the Personal Safety Intervention Orders Act 2010—
(a)for "file notice of the appeal" substitute "cause the notice of appeal to be transmitted";
(b)in paragraphs (a) and (b), for "with" substitute "to".
76New section 104A inserted
After section 104 of the Personal Safety Intervention Orders Act 2010 insert—
"104A Jurisdiction of Children's Court to deal with applications related to child protection proceedings
(1)This section applies if—
(a)an application under this Act is related to a child protection proceeding in the Children's Court; and
(b)each affected person or protected person and each respondent for the application is an adult.
(2)The Children's Court also has jurisdiction under this Act in relation to the application.
(3)For the purposes of subsection (1), an application is related to a child protection proceeding if—
(a)the child who is the subject of the child protection proceeding is the child of, or is under the care and supervision of, the affected person or protected person, or the respondent for the application; and
(b)the application under this Act raises issues relating to the safety of the child that are the same as, or similar to, the issues forming the basis for the child protection proceeding.
(4)In this section—
child protection proceeding means a proceeding relating to a child protection order.".
77Costs
At the end of section 126 of the Personal Safety Intervention Orders Act 2010 insert—
"(2)Despite subsection (1), for the purposes of enforcement of an order for costs made under section 111—
(a)Division 5 of Part 5 of the Magistrates' Court Act 1989 and any rules made for the purposes of that Division apply in respect of the order; and
(b)any rules made under that Act relating to, or necessary for, proceedings for enforcement of a costs order apply for the purposes of proceedings for enforcement of the order under that Division.".
78Application for leave to appeal under Division 11 of Part 3 by vexatious litigant
(1)In section 168(2)(a) of the Personal Safety Intervention Orders Act 2010, for "file" substitute "arrange to be filed".
(2)In section 168(4) of the Personal Safety Intervention Orders Act 2010, for "by the appropriate registrar for the court that made the order declaring the person to be a vexatious litigant" substitute "under subsection (2)(a)".
79New Division 3 of Part 13 inserted
After Division 2 of Part 13 of the Personal Safety Intervention Orders Act 2010 insert—
"Division 3—Children, Youth and Families Amendment Act 2013
197Transitional provision—Children, Youth and Families Amendment Act 2013
Section 104A as inserted by section 76 of the Children, Youth and Families Amendment Act 2013 applies to an application under this Act made on or after the commencement of section 76 of that Act.".
__________________
Part 5—Consequential Amendments to Other Acts
80Amendment to the Coroners Act 2008
In section 3(1) of the Coroners Act 2008, in paragraph (b) of the definition of person placed in custody or care, for "taken into safe custody" substitute "placed in emergency care".
81Amendment to Commonwealth Powers (Family Law‑Children) Act 1986
In the Schedule to the Commonwealth Powers (Family Law-Children) Act 1986, in Item 2(j), for "safe custody" substitute "emergency care".
__________________
Part 6—Repeal of Amending Act
82Repeal of amending Act
This Act is repealed on 1 June 2015.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
═══════════════
Endnotes
Minister's second reading speech—
Legislative Assembly: 27 June 2013
Legislative Council: 5 September 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act 2005, the Family Violence Protection Act 2008 and the Personal Safety Intervention Orders Act 2010 and for other purposes."
0
0
0