Authorised Version
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
1
2
3
4
1
Object
Authorising provisions
Commencement
Principal Rules
1
1
1
1
Part 2—Amendments relating to enactment of Children
Legislation Amendment Act 2016
5
6
7
8
9
10
11
Form 18 amended—Undertaking—protection order
Form 20 amended—Family preservation order
Form 23 amended—Family reunification order
Form 24 amended—Care by Secretary order
Form 25 amended—Long-term care order
Form 32 amended—Permanent care order
New Forms 41 and 42 inserted
Part 3—Amendments relating to enactment of Bail Amendment
Act 2016
12 Rule 10 amended
13 Form 38 amended
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Endnotes
2
2
2
3
4
4
5
5
9
9
9
10
Authorised by the Chief Parliamentary Counsel
i
Authorised Version
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
1 Object
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.
2 Authorising provisions
These Rules are made under section 588 of the
Children, Youth and Families Act 2005 and all
other enabling powers.
3 Commencement
(1) These Rules, except Part 3, come into operation
on 11 April 2016.
(2) Part 3 comes into operation on 2 May 2016.
4 Principal Rules
In these Rules, the Children, Youth and Families
(Children's Court Family Division) Rules 20071
are called the Principal Rules.
Authorised by the Chief Parliamentary Counsel
1
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Part 2—Amendments relating to enactment of Children Legislation
Amendment Act 2016
Part 2—Amendments relating to enactment
of Children Legislation Amendment Act 2016
5 Form 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.".
6 Form 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.".
Authorised by the Chief Parliamentary Counsel
2
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Part 2—Amendments relating to enactment of Children Legislation
Amendment Act 2016
(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.".
7 Form 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.".
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3
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Part 2—Amendments relating to enactment of Children Legislation
Amendment Act 2016
8 Form 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".
9 Form 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.".
Authorised by the Chief Parliamentary Counsel
4
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Part 2—Amendments relating to enactment of Children Legislation
Amendment Act 2016
10 Form 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]".
11 New 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.
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5
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Part 2—Amendments relating to enactment of Children Legislation
Amendment Act 2016
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
__________________
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Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Part 2—Amendments relating to enactment of Children Legislation
Amendment Act 2016
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
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7
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Part 2—Amendments relating to enactment of Children Legislation
Amendment Act 2016
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
__________________".
Authorised by the Chief Parliamentary Counsel
8
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Part 3—Amendments relating to enactment of Bail Amendment Act 2016
Part 3—Amendments relating to enactment
of Bail Amendment Act 2016
12 Rule 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".
13 Form 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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9
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 6) Rules 2016
S.R. No. 19/2016
Endnotes
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.
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