CHILDREN, YOUTH AND FAMILIES ACT 2005

Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005

TABLE OF PROVISIONS

PART 1.1--INTRODUCTION

1. Purposes
2. Commencement
3. Definitions
3A. Meaning of terrorism record
3B. Meaning of terrorism risk information
6. Aboriginal agency
7. References to Parts

PART 1.1A--STATEMENT OF RECOGNITION

7AA. Statement of acknowledgement
7A. Statement of Recognition
7D. No effect on entitlement to compensation or creation of entitlement to compensation

PART 1.1B--RECOGNITION PRINCIPLES

7E. Recognition principles
7F. Courts to have regard to and apply recognition principles
7G. Secretary and community service providers to have regard to and give effect to recognition principles
7H. Role of recognition principles

PART 1.2--PRINCIPLES
Division 1--Decision makers to have regard to principles

8. Decision makers to have regard to principles
9. Role of principles
Division 2--Best interests principles
10. Best interests principles
Division 3--Decision-making principles
11. Decision-making principles
Division 4--Additional decision-making principles for Aboriginal children
12. Additional decision-making principles
13. Aboriginal Child Placement Principle
14. Further principles for Aboriginal children
15. Functions and powers of the Secretary
16. Responsibilities of the Secretary
16A. Power of the Secretary to enter into contracts
16B. Powers of the Secretary in relation to land
16C. Committee of management
16D. Record of dealings
16E. Secretary's powers in relation to intellectual property
17. Delegation
18. Secretary may authorise principal officer of Aboriginal agency to act
18AAA. Revocation of authorisation under section 18(1)
18AAB. Principal officer to notify Secretary if principal officer considers authorisation no longer in best interests
18A. Powers and functions of acting principal officer
18B. Delegation by principal officer of Aboriginal agency
18C. Disclosure of information by Secretary to principal officer of Aboriginal agency
18D. Use of information disclosed to Aboriginal agency and principal officer
19. Secretary may authorise person in charge of community service to act
19A. Information use and disclosure for purposes of authorised functions and powers
20A. Disclosure of information for administrative purposes
20B. Report by Secretary

PART 3.1--SUPPORT FOR COMMUNITY-BASED SERVICES AND FAMILIES

21. Object of Part
22. Purposes of community-based child and family services
23. Power of Secretary to provide funds
24. Family assistance grants
25. Authority to use Crown property
26. Agreements relating to use of Crown property

PART 3.2--CONCERN ABOUT WELLBEING OF CHILD

27. Object of Part
28. Report to Secretary about child
29. Report to Secretary about unborn child
30. Response by Secretary to report
31. Referral to community-based child and family service about child
32. Referral to community-based child and family service about unborn child
33. Response by community-based child and family service to referral
34. Is the report about a child in need of protection?
38. Consultation with Secretary
39. Records of disclosures
40. Reporters and referrers protected
41. Identity of reporter or referrer confidential
42. Review by Victorian Civil and Administrative Tribunal

PART 3.2A--DISCLOSURE OF INFORMATION ABOUT CHILD'S CONTACT WITH REGISTRABLE OFFENDER

42A. Interpretation
42B. Secretaries may disclose information relating to registrable offenders
42C. Chief Commissioner of Police and Secretary may disclose information relating to registrable offenders
42D. Disclosure of certain information relating to registrable offender in certain circumstances
42E. Information obtained in certain circumstances not to be disclosed without authority

PART 3.3--COMMUNITY SERVICES
Division 1--Object of Part

43. Object of Part
Division 2--Departmental services
44. Departmental community services and secure welfare services
Division 7--Information privacy and community services
72. Community services
Division 8--Secure welfare services--security measures
72A. Definitions
72B. Search on entering or leaving a secure welfare service
72C. Secretary may order search
72D. Unclothed search of child resident
72E. Manner of conducting frisk search or unclothed search
72F. Manner of conducting any search under this Division
72G. Consequences of refusal to submit to search
72H. Seizure
72I. Seizure register
72J. Certain seized items to be handed to police
72K. Manner of dealing with seized things that may be used in a legal proceeding
72L. Manner of dealing with seized money
72M. Manner of dealing with other seized articles or things
72N. Disposal
72O. Prohibition of use of seclusion as punishment
72P. Seclusion in secure welfare service

PART 3.5--CHILD CARE AGREEMENTS
Division 1--Introduction

133. Object
134. Definitions
Division 2--Short-term child care agreements
135. Short-term child care agreements
136. Return of child to parent who has custody
137. Extension of agreement
138. Maximum period for care under agreement
139. Review of agreement
140. Agreement may be made with minor
141. Termination of agreement
142. Return of child to parent at end of agreement
143. Rates of payment under agreement
Division 3--Long-term child care agreements
144. Children who may be the subject of a long-term child care agreement
145. Long-term child care agreements
146. When will the Secretary approve an agreement?
147. Who may have the care of the child under an agreement?
148. Who is a suitable person?
149. What must an agreement include?
150. Maximum period of care under agreement
151. Return of child at request of parent with custody
152. Review of agreement
153. Agreement may be with minor
154. Termination of agreement
155. Return of child at end of agreement
156. Rates of payment under agreement
Division 4--Review of decision-making and reports
157. Review by Secretary
158. Review by Victorian Civil and Administrative Tribunal
159. Report by service providers
160. Report by Secretary

PART 3.6--RESTRICTIONS ON LONG-TERM CARE OF CHILDREN

161. Restrictions on who may provide long-term care of children

PART 3.7--MANAGEMENT OF CHILDREN IN OUT OF HOME CARE

161A. Definitions
161B. Prohibited actions

PART 4.1--CHILDREN IN NEED OF PROTECTION

162. When is a child in need of protection?
163. Effect of conduct outside Victoria

PART 4.2--RESPONSIBILITIES OF MINISTER

164. Responsibilities of Minister

PART 4.3--RESPONSIBILITIES OF SECRETARY
Division 1--Case planning

166. What is a case plan?
167. Permanency objective
168. Preparation of case plan
169. Review of case plan
Division 1A--Therapeutic treatment planning
169A. What is a therapeutic treatment plan?
169B. Preparation of therapeutic treatment plan
169C. Review of therapeutic treatment plan
Division 2--Responsibilities of Secretary for a child for whom Secretary has parental responsibility
172. Powers of Secretary when Secretary has parental responsibility
173. Placement of children
174. Secretary's duties in placing child
175. Support for child moving from secure welfare service
175A. Secretary may specify certain issues
175B. Authorisation of carer to make certain decisions
175C. When Secretary must consult with parent of child
176. Cultural support for Aboriginal child
177. State Guardianship Fund
Division 3--Responsibility to provide information
178. Responsibility of Secretary to provide information to parents
179. Responsibility of Secretary or out of home care service providers to provide information to carers
180. Confidentiality

PART 4.4--REPORTING
Division 1--Introduction

181. Who is a protective intervener?
182. Who is a mandatory reporter?
Division 2--Report to protective intervener
183. Report to protective intervener
184. Mandatory reporting
185. Report on child in need of therapeutic treatment
186. Grounds for belief
187. Determination by Secretary about report
188. Record of report
Division 3--Protection of reporters
189. Reporters protected
190. Evidence and legal proceedings
191. Confidentiality

PART 4.5--DISCLOSURE OF INFORMATION
Division 1--Voluntary disclosure of information

192. Disclosure and use of information under this Act
193. Disclosure of information in course of consultation by a community-based child and family service provider
Division 2--Compulsory disclosure of information
194. Who is an authorised officer?
195. Secretary may authorise direction to disclose
196. Authorised officer may require disclosure of information
197. Refusal or failure to comply with requirement
198. Protection against self-incrimination
199. Legal professional privilege and client legal privilege
200. Medical professional privilege does not apply
201. Offence to give false or misleading information
202. Exclusion of evidence of disclosed information

PART 4.6--INVESTIGATION
Division 1--Investigation of protective intervention report

204. Directions for protective interveners
205. Investigation by protective intervener
206. Record of investigation
207. Provision of protection report to police
208. Protection of givers of information
209. Confidentiality
Division 2--Investigation of therapeutic treatment report
210. Investigation by Secretary
211. Record of investigation
212. Protection of givers of information
213. Confidentiality

PART 4.7--PROCEDURE IN FAMILY DIVISION
Division 1--General

214. How proceeding in Family Division commenced
215. Conduct of proceedings in Family Division
215A. Standard of proof
215B. Management of child protection proceedings
216. Power of Family Division to make certain orders by consent in absence of parties
216A. Child not required to attend Court in Family Division
Division 2--Conciliation conferences
217. Referral of application to conciliation conference
218. What is a conciliation conference?
220. Guidelines for conciliation conferences
221. Time and place of conciliation conference
222. Who is to attend a conciliation conference?
223. Report to Court by convenor
224. Court to consider report of convenor
225. Immunity of participants
226. Confidentiality of conciliation conferences
227. Conciliation convenors

PART 4.8--PROTECTIVE INTERVENTION
Division 1--Temporary assessment orders

228. Application for temporary assessment order by notice
229. Application for temporary assessment order without notice
230. Matters to be considered by Court
231. Temporary assessment order
232. What may a temporary assessment order provide for?
233. Child not to be medically examined in certain cases
234. Protection of privileges
235. Application for variation or revocation of order made in absence of child
236. Duration of temporary assessment order
237. Secretary may apply for warrant
238. Report to Court by Secretary
239. Appeal against temporary assessment order
Division 2--Action by protective intervener
240. Action by protective intervener
241. Protective intervener may place child in need of protection in emergency care
242. Actions on placing child in emergency care
243. Making a protection application without placing child in emergency care
Division 3--Child in need of therapeutic treatment
244. When is a child in need of therapeutic treatment?
245. Referral to Therapeutic Treatment Board for advice
246. Secretary may apply for therapeutic treatment order
247. Issue of search warrant if child does not appear
247A. Actions on placing child in emergency care—therapeutic treatment application
248. When Court may make order under this Division
249. Therapeutic treatment order
250. Duration of order
251. Statements by child not admissible in criminal proceedings
252. When can a therapeutic treatment (placement) order be made?
253. Therapeutic treatment (placement) order
254. Duration of order
255. Application for extension of order
256. Extension of order
257. Variation of order
258. Revocation of order
Division 4--Irreconcilable differences
259. Application if there is an irreconcilable difference
260. Conciliation counselling
261. Proceeding on application if party does not appear
Division 5--Interim accommodation orders
262. Interim accommodation order
263. Conditions of interim accommodation order
264. Duration of interim accommodation order
265. Parent entitled to know child's whereabouts
266. Power of Secretary to transfer child
267. Extension of interim accommodation order
268. Application for variation of interim accommodation order
269. Procedure on breach of interim accommodation order
270. Application for new interim accommodation order
271. Appeal against interim accommodation order
Division 6--Undertakings
272. Order requiring undertaking
273. Variation or revocation of undertaking

PART 4.9--PROTECTION ORDERS
Division 1--General

274. When Court may make order under this Part
275. Types of protection order
276. Restrictions on the making of protection orders
276A. Court to have regard to certain matters
277. Service of applications
Division 2--Undertaking
278. Undertaking—protection order
279. Variation or revocation of undertaking
Division 3--Family preservation order
280. Family preservation order
281. Family preservation order may impose conditions
282. Powers of Secretary under family preservation order
Division 6--Family reunification order
287. Family reunification order
287A. Determining the period of a family reunification order
288. Lapsing of family reunification order
288A. Change to nature of order
Division 7--Care by Secretary order
289. Care by Secretary order
289A. Change to nature of order
Division 8--Long-term care order
290. Long-term care order
Division 10--Extension of protection orders
293. Application for extension of protection order
294. Extension of order
294A. Restrictions on the extension of protection orders
296. Duration of extension
298. Review of extended orders
Division 11--Variation of protection orders
299. Application of Division
300. Application for variation of order
300A. Secretary may apply for variation of order without notice
301. Decision of Court on application for variation
302. Interim variation of family reunification order
Division 12--Revocation of protection orders
303. Application of Division
304. Application for revocation of order—general
305. Application for revocation of care by Secretary order
306. Application for revocation of long-term care order
307. Decision of Court on application for revocation
308. Revocation of family reunification order or care by Secretary order
309. Revocation of long-term care order
310. Court may make further orders on revocation
Division 13--Breach of protection order
311. Application of Division
312. Breach of protection order—notice of application
313. Placing child in emergency care when notice is served
314. Placing child in emergency care without notice
315. Requirements when placing child in emergency care
316. Order to continue
318. Decision of Court

PART 4.10--PERMANENT CARE ORDERS

319. When Court may make permanent care order
320. Application for permanent care order
321. Permanent care order
322. Restrictions on the making of permanent care orders
323. Restrictions on the making of permanent care order in respect of an Aboriginal child
324. Lapsing of permanent care order
325. Disputes between persons jointly granted parental responsibility
325A. Change to nature of order
326. Variation or revocation of permanent care order
327. Decision on application for variation or revocation

PART 4.11--APPEALS AND REVIEWS
Division 1--Appeals

329. Appeal to Supreme Court on a question of law
330. Appeals to be heard in open court
Division 2--Reviews
331. Internal review
332. Internal review—decision of principal officer of Aboriginal agency
333. Review by Victorian Civil and Administrative Tribunal

PART 4.12--INTERSTATE MOVEMENT OF CHILDREN AND TRANSFERS
Division 1--Interstate movement of children

334. Definition
335. Interstate movement of children
336. Financial or other arrangements
337. Transfer agreements
Division 2--Transfer of child protection orders and proceedings
338. Transfer of child protection orders and proceedings

PART 4.13--THERAPEUTIC TREATMENT BOARD

339. Establishment of Therapeutic Treatment Board
340. Constitution of Board
341. Functions of Board
342. Committees
343. Procedure of the Board

PART 5.1--CRIMINAL RESPONSIBILITY OF CHILDREN

344. Children under 10 years of age

PART 5.1A--COMMENCEMENT OF PROCEEDINGS

344A. Time limits for filing a charge-sheet
344B. Application for extension of time for commencement of proceeding
344C. Extension of time
344D. Rehearing

PART 5.2--PROCEDURES AND STANDARD OF PROOF
Division 1--Custody and bail

345. Children to be proceeded against by summons
346. Child in custody to be brought before Court or bail justice
347. Child in custody to be placed in remand centre
347A. Child may be temporarily held in police gaol to facilitate transport to and from court and youth justice facilities
347B. Statements by child participating in treatment or rehabilitation program not admissible in proceedings
347C. Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced
Division 2--Referral for investigation
349. Referral to Secretary
350. Report of investigation
351. Report on outcome of application
352. Court must adjourn in case of therapeutic treatment order
352A. Report to Criminal Division on child's progress under therapeutic treatment order
353. Report to Criminal Division on outcome of therapeutic treatment order
354. Hearing of adjourned case
354A. Powers of Court in criminal proceedings if child accused voluntarily participates in therapeutic treatment program
355. Pre-sentence report to Court
Division 3--Procedure for indictable offences that may be heard and determined summarily
356. Procedure for indictable offences that may be heard and determined summarily
356A. Exceptional circumstances
Division 3A--Diversion
356B. Application of Division
356C. Purposes of diversion
356D. Adjournment to undertake diversion program
356E. Acknowledgement of responsibility and consent to diversion by the child
356F. Prosecutorial consent to diversion
356G. Matters to be considered when determining the type of diversion program
356H. Extension of adjournment
356I. Conclusion of the diversion program
356J. Diversion program and community service activities
356K. Natural justice
Division 4--Standard of proof
357. Proof beyond reasonable doubt
Division 5--Reports and other matters to be taken into account in considering sentence
358. Court may only consider certain reports and other matters
359. Victim impact statements
359A. Alternative arrangements for reading aloud of victim impact statement
359B. Alternative arrangements for examination

PART 5.3--SENTENCES
Division 1--Sentencing generally

360. Sentences
361. Sentencing hierarchy
362. Matters to be taken into account
362A. Sentence discount for guilty plea
362B. Aggregate sentence of detention
Division 2--Undertaking
363. Non-accountable undertaking
364. Breach of undertaking
Division 3--Accountable undertaking
365. Accountable undertaking
366. Breach of undertaking
Division 4--Good behaviour bond
367. Good behaviour bond
368. Dismissal where bond observed
369. Child required to appear
370. Failure to appear
371. Breach of bond
372. Time for application
Division 5--Fines
373. Fines
374. Financial circumstances of child to be considered
375. Instalment orders
376. Time to pay
377. Application for time to pay, for instalment order or for variation of instalment order
378. Default in payment of fine or instalment
379. Reduction of order by payment of portion of fine
Division 6--Probation orders
380. Court may order probation
381. Conditions of probation orders
382. Concurrent probation orders
383. Court may require Secretary to report
384. Breach of probation
385. Secretary's report
386. Time for application
Division 7--Youth supervision orders
387. Court may impose youth supervision order
388. Concurrent youth supervision orders
389. Youth supervision orders
390. Suspension of youth supervision order
391. Court may require Secretary to report
392. Breach of youth supervision order
393. Penalties for breach
394. Matters to be taken into account
395. Time for application
Division 8--Youth attendance orders
396. Definitions
397. Youth attendance order
398. Restrictions on power to make youth attendance order
399. Sentencing court to impose requirements
400. Concurrent orders
401. Copy of order to be given
402. Reporting
403. Suspension of youth attendance order
404. Court may require Secretary to report
405. Objects of youth attendance order
406. Person subject to control etc. of Secretary etc.
407. Community service
408. Breach of youth attendance order
409. Application for variation or revocation of order
Division 8A--Youth control orders
409A. Objects of a youth control order
409B. Court may make youth control order
409C. Restrictions on power to make a youth control order
409D. Court order for youth control order planning meeting
409E. Matters to which Court is to have regard in determining whether to make a youth control order
409F. Court to impose certain requirements
409G. Non-accountable parental undertaking
409H. Breach of undertaking
409I. Concurrent orders
409J. Copy of order to be given
409K. Remission of monitoring etc. to the Court
409L. Reporting and monitoring
409M. Suspension of youth control order
409N. Variation of youth control order
409O. Warning of possible variation of a youth control order
409P. Neither consent nor warning required
409Q. Revocation of youth control order
409R. Consequences of revocation of youth control order
409S. Purpose of youth control order planning meeting
409T. Requirements for youth control order planning meetings
409U. Youth control order plan
409V. Requirements for report of meeting
409W. Youth control order planning meeting report to be filed in the Court
409X. Access to youth control order planning meeting report
409Y. Confidentiality of meeting
409Z. Report by appellate court
409ZA. References to the Secretary
Division 9--Youth residential centre orders
410. Court may make youth residential centre order
411. Youth residential centre orders
Division 10--Youth justice centre orders
412. Court may make youth justice centre order
413. Youth justice centre orders
Division 11--Deferral of sentencing
414. Deferral of sentencing
415. Group conference
416. Hearing of adjourned case
Division 12--Orders in addition to sentence
417. Orders in addition to sentence
418. Enforcement of orders in addition to sentence
Division 13--General
419. Provisions applicable to warrants
420. Bail
421. Variation or revocation of order
422. Suspension of order
423. Proceedings for breach of sentence

PART 5.4--APPEALS
Division 1--Appeal by offender to the County Court or Trial Division of the Supreme Court

424. Right of appeal
425. How appeal is commenced
426. Determination of appeal
Division 7A--of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.
Division 2--Appeal by DPP against sentence
427. DPP's right of appeal against sentence
428. How appeal is commenced
429. Determination of DPP appeal
Division 7A--of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.
Division 2A--Appeal by DPP--Failure to fulfil undertaking
429A. DPP's right of appeal—failure to fulfil undertaking
429B. How appeal is commenced
429C. Determination of DPP's appeal—failure to fulfil undertaking
Division 3--Procedure on appeals from Children's Court
430. Late notice of appeal deemed to be application for leave to appeal
430A. Stay of order
430B. Bail pending appeal
430C. Abandonment of appeal
430D. Appellant's failure to appear
430E. Respondent's failure to appear on appeal by DPP
430F. One notice of appeal for 2 or more sentences
430G. Appeal to County Court or Supreme Court authorised by other Acts
Division 4--Reports
430H. Application of Division
430I. Court may order pre-sentence report
430J. Notification of requirement to submit pre‑sentence report
430K. Pre-sentence report to be filed with court
430L. Attendance at appellate court of author of pre‑sentence report
430M. Disputed pre-sentence report
430N. Group conference report
430O. Group conference report to be filed with court
Division 5--Appeal to Supreme Court on a question of law
430P. Appeal to Supreme Court on a question of law
430Q. Appeal on question of law precludes other appeals
Division 6--Appeal to Court of Appeal
430R. Right of appeal against sentence of detention imposed on appeal from Children's Court
430S. How appeal is commenced
430T. Determination of appeal
430U. Orders etc. on successful appeal
430V. Powers and procedure
Division 7--of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 applies as if a reference to that Part were a reference to this Division.
Division 6A--Case stated for Court of Appeal
430VA. Reservation of question of law
430VB. Adjournment if question of law reserved
430VC. Refusal to reserve question of law
430VD. Case to be stated if question of law reserved
430VE. General powers of Court of Appeal on case stated
430VF. Judgment to be entered on record
430W. DPP may refer point of law to Court of Appeal
430WA. Powers and procedure
Division 7--of Part 6.3 of the Criminal Procedure Act 2009 applies as if a reference to that Part were a reference to this Division.
Division 7--Status of sentence and orders during appeal period
430X. Sentence not stayed during appeal period
430Y. Bail pending appeal
430Z. Stay of certain orders during appeal period
430ZA. Execution of order for forfeiture or destruction of property
Division 8--Miscellaneous
430ZB. Appeal by child under 15 years
430ZC. Parent may enter into bail
430ZD. Appeals to be heard in open court
430ZE. Legal representation
430ZF. Interpreters
430ZG. Explanation of and reasons for orders
Division 9--Costs on appeal
430ZH. No costs on appeal or new hearing

PART 5.5--PAROLE
Division 2--Youth Parole Board

442. Establishment of Youth Parole Board
443. Terms and conditions of office
444. Alternate members
445. Meetings of the Youth Parole Board
446. Validity of acts or decisions of the Youth Parole Board
447. Secretary or member may act on behalf of Youth Parole Board
448. Evidentiary provisions
449. Powers etc. of Youth Parole Board
450. Powers to take evidence etc.
451. Saving of members of Youth Parole Board from liability
452. Reports by Youth Parole Board
Division 3--Youth parole officers
453. Youth parole officers
Division 4--Information sharing
454. Information sharing by Secretary about incidents
455. Information sharing by Youth Parole Board about release
Division 5--Release on parole from youth residential centre or youth justice centre
457A. Limitation on Youth Parole Board's consideration of terrorism risk information
457B. Provision of terrorism risk information for purposes of this Division
458. Release on parole from youth residential centre or youth justice centre
458A. Certain conditions to be imposed in relation to certain offences
459. Person still under sentence until end of parole period
460. Cancellation of parole
460A. Requirement to consider cancelling parole of person charged with certain offences in certain circumstances
460B. Requirement to consider cancelling parole of person who gains a terrorism record
460C. Requirement to consider cancelling parole if new terrorism risk information provided
461. Youth Parole Board may release on parole more than once

PART 5.6--TRANSFERS
Division 1AA--Use of terrorism risk information

461A. Limitation on Youth Parole Board's consideration of terrorism risk information
Division 1--Jurisdiction over detainees
462. Persons detained in youth residential centre subject to Youth Parole Board
463. Persons detained in youth justice centre subject to Youth Parole Board
Division 2--Transfer from youth residential centre to youth justice centre
464. Power of Youth Parole Board to transfer person to a youth justice centre
465. Restriction on transfer of under 14 year olds
466. Transfer to youth justice centre
Division 3--Transfer from youth justice centre to prison
467. Power of Youth Parole Board to transfer person to prison
468. Detainee may request transfer to prison
469. Transfer to prison
Division 4--Transfer from youth justice centre to youth residential centre
470. Persons in youth justice centre may be transferred to youth residential centre
Division 5--Transfers to and from prison
471. Persons in prison may be transferred to youth justice centre
472. Person in prison may be transferred to youth residential centre
473. Person transferred from prison to YJC or YRC may be transferred back to prison
Division 6--General
474. Person in youth residential centre sentenced to detention in youth justice centre or imprisonment
475. Person in youth justice centre sentenced to imprisonment
476. Person in youth justice centre sentenced to detention in youth residential centre
477. Person in prison sentenced to detention in youth justice centre

PART 5.7--ESTABLISHMENT OF CORRECTIVE SERVICES FOR CHILDREN

478. Governor in Council may establish corrective services
479. Approval of service as youth justice unit
480. Approval of service as group conference program
480A. Approval of service as a youth control order planning meeting program
481. Standard of services
482. Form of care, custody or treatment

PART 5.8--PERSONS IN DETENTION
Division 1AA--Preliminary

482A. Definitions
482B. Authorisation of an officer in charge
Division 1--Legal custody
483. Legal custody
484. Removal of person from remand centre etc.
485. Temporary leave from legal custody
Division 2--Management of detainees
487. Prohibited actions
487A. Exemption from liability
488. Isolation
488AA. Reporting on use of reasonable force and isolation
Division 3--Searches of persons entering, leaving or within youth justice facilities and requirements on visitors
488A. Search on entering or leaving a youth justice facility
488AB. Officer in charge may order search
488AC. Unclothed search of detainee
488AD. Manner of conducting search
488AE. Consequences of refusal to submit to search
488AF. Officer in charge may order search to be terminated
488B. Visitors required to comply with orders
488C. Visitors to give prescribed information
488D. Officer in charge may refuse or terminate visits for security reasons
Division 3AA--Offences relating to operation or possession of remotely piloted aircraft or helicopter
488DA. Definitions
488DB. Offences relating to operation or possession of remotely piloted aircraft or helicopter
488DC. Officer in charge may give authorisation
488DD. Search
488DE. Seizure
Division 3A--Seizure
488E. Seizure
488F. Seizure register
488G. Certain seized items to be handed to police
488GA. Manner of dealing with seized things that may be used in a legal proceeding
488GB. Manner of dealing with seized money
488GC. Manner of dealing with other seized articles or things
488GD. Disposal
Division 4--Change of name applications by detainees
488H. Application
488I. Definitions
488J. Applications for change of name by or on behalf of a detainee
488K. Approval by Secretary
488L. Approval to be notified in writing
488M. Registration of name change
488N. Registrar may correct Register
Division 4A--Approval of making of acknowledgement of sex applications by detainees
488O. Offence to make acknowledgement of sex application without approval
488P. Application by detainee or other person for approval of Secretary
488Q. Approval by Secretary of the making of acknowledgement of sex application
488R. Copy of approval or refusal of Secretary
Division 5--General
489. Detention in default of payment of a fine
490. Bringing of person before court or inquest
491. Power of police to arrest person in youth justice centre
491A. Power of police to arrest person in remand centre
492. Interstate transfer of young offenders
492A. Secrecy of security arrangements at youth justice facilities

PART 5.9--REVIEW OF CHILDREN AND JUSTICE LEGISLATION AMENDMENT (YOUTH JUSTICE REFORM) ACT 2017

492B. Review of Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

PART 5.10--SHARING OF TERRORISM RISK INFORMATION

492C. What is the permitted purpose for sharing information under this Part?
492D. Department of Justice and Regulation may disclose terrorism risk information
492E. Youth Parole Board may disclose terrorism risk information

PART 6.1--OFFENCES RELATING TO THE PROTECTION OF CHILDREN

493. Offence to fail to protect child from harm
494. Offence to leave child unattended
495. Offence to harbour or conceal child
496. Offence to counsel or induce child to be absent without lawful authority etc.
497. Offences in relation to community service etc.

PART 6.2--OFFENCES RELATING TO DETAINED PERSONS

498. Offence to escape or attempt to escape etc.
499. Offence to harbour or conceal person
500. Offence to counsel or induce person to escape
501. Offences in relation to persons held in centres

PART 6.3--GENERAL OFFENCES

502. Offence to impersonate Secretary as protective intervener
503. Offence to obstruct Secretary or employee

PART 7.1--THE CHILDREN'S COURT

504. The Children's Court
505. Where and when Court to be held
505A. Court may order place of hearing which is not a proper venue
506. President, magistrate or reserve magistrate to be in attendance
507. Assignment of magistrates or reserve magistrates
508. President
509. Acting President
509A. Administrative responsibility of President
510. Assignment of duties
511. Delegation by the President
512. Protection of President
513. Protection of magistrates or reserve magistrates
513A. Constitution of Court if magistrate unable to continue
513B. Appeals from Court constituted by Chief Magistrate who is a dual commission holder
514. Annual report

PART 7.2--JURISDICTION

515. Jurisdiction of Family Division
516. Jurisdiction of Criminal Division
516A. Joint committal proceedings
517. Koori Court (Criminal Division)
518. Jurisdiction of Koori Court (Criminal Division)
518A. Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court
519. Circumstances in which Koori Court (Criminal Division) may deal with certain offences
520. Sentencing procedure in Koori Court (Criminal Division)
520A. Neighbourhood Justice Division
520B. Places where Neighbourhood Justice Division may sit and act
520C. Jurisdiction of Neighbourhood Justice Division
520D. Transfer of proceedings
520E. Sentencing procedure in Neighbourhood Justice Division
521. Application of Act to other Courts

PART 7.3--PROCEDURE

522. Procedural guidelines to be followed by Court
522A. Consistent magistrate to oversee criminal proceedings
523. Proceedings to be heard in open court
524. Legal representation
525. Proceedings in which child is required to be legally represented
526. Interpreter
527. Explanation of and reasons for orders
527A. Judicial resolution conference
527B. Protection of conduct of judicial resolution conference

PART 7.4--POWERS

528. Court to have powers of Magistrates' Court
528A. Enforcement of costs orders made in the Family Division
528B. Issue of warrants in electronic form
529. Recall and cancellation of warrant
530. Power to adjourn proceeding
531. Power to dispense with service
532. Witness summonses
533. Court may reserve question of law for determination by Supreme Court
533A. Court may issue or transmit court documents electronically
533B. Court may receive documents electronically

PART 7.5--RESTRICTION ON PUBLICATION OF PROCEEDINGS

534. Restriction on publication of proceedings
534A. Certain publications exempted from the restriction on publication of proceedings
534B. Certain publications exempted if publication is in relation to sentencing of an adult

PART 7.6--COURT OFFICERS

535. Principal registrar, registrars and deputy registrars
536. Appointment of Aboriginal elders or respected persons
537. Court register
538. Process
539. Powers of registrar
540. Fees
541. Extortion by and impersonation of court officials
542. Protection of registrars

PART 7.6A--JUDICIAL REGISTRARS

542A. Assignment of duties
542B. Guidelines relating to the appointment of judicial registrars
542C. Recommendations for appointment of judicial registrars
542D. Appointment by Governor in Council
542E. Remuneration and terms and conditions of appointment
542EA. Oath or affirmation of office
542F. Resignation from office
542J. Performance of duties by judicial registrar
542K. Appeal from or review of determination of Court constituted by judicial registrar

PART 7.7--COURT SERVICES

543. Youth justice officers
544. Duties of youth justice officers
545. Children's Court Liaison Office
546. Children's Court Clinic

PART 7.8--REPORTS TO THE COURT
Division 1--General

547. Reports to which Part applies
548. Notification of requirement to submit report
549. Warning to be given to persons being interviewed
550. Attendance at Court of author of report
551. Disputed report
552. Confidentiality of reports
Division 2--Protection reports
553. Protection reports
554. Secretary to forward report to Court
555. Content of protection report
556. Access to protection report
Division 3--Disposition reports and additional reports
557. Disposition reports
558. Content of disposition report
559. Access to disposition report
560. Additional report
561. Access to additional report
562. Access to additional reports prepared by Secretary to Department of Justice
Division 4--Therapeutic treatment application reports
563. Therapeutic treatment application reports
564. Content of therapeutic treatment application report
565. Secretary to forward report to Court
566. Access to therapeutic treatment application report
Division 5--Therapeutic treatment (placement) reports
567. Therapeutic treatment (placement) reports
568. Content of therapeutic treatment (placement) report
569. Secretary to forward report to Court
570. Access to therapeutic treatment (placement) report
Division 6--Pre-sentence reports
571. Court may order pre-sentence report
572. Who prepares pre-sentence reports?
573. Contents of pre-sentence report
574. Pre-sentence report to be filed in the Court
575. Access to pre-sentence reports
Division 7--Group conference reports
576. Group conference report
577. Who prepares group conference reports?
578. Content of group conference report
579. Group conference report to be filed in the Court
580. Access to group conference report

PART 7.9--CHILDREN AND YOUNG PERSONS INFRINGEMENT NOTICE SYSTEM

581. CAYPINS procedure
582. Certain agencies may give information for enforcement purposes

PART 7.10--GENERAL

583. Witness who has previously appeared in Children's Court
584. Accused or other person who has previously appeared in Children's Court
585. Transfer of proceedings from Magistrates' Court to Children's Court
586. Supreme Court or County Court may exercise sentencing powers of Children's Court
587. Notice to be filed if child is placed in emergency care or apprehended without warrant

PART 7.11--RULES

588. Rules
589. Rules of court
590. Rules of court—Koori Court (Criminal Division)
590A. Rules of court—Neighbourhood Justice Division
591. Disallowance
592. Practice notes
592A. Statement of recognition
592B. Definitions
592C. Meaning of relevant historical care and protection order
592D. Application of this Part
592E. Effect of relevant historical care and protection order in relation to matters concerning convictions, findings of guilt or criminal history
592F. Effect of relevant historical care and protection order in relation to an appointment, post, status or privilege
592G. Obligations of responsible agencies, other than Victoria Police, in relation to the release of official records and secondary records
592H. Obligations of Victoria Police in relation to the release of official records and secondary records
592I. Destruction of official records and secondary records
592J. No effect on entitlement to compensation or creation of entitlement to compensation

PART 8.1--SERVICE OF DOCUMENTS

593. Service of documents
594. Service on parent or child or other person
595. Proof of service
596. Person may cause document to be served

PART 8.2--POWERS OF SECRETARY IN RELATION TO MEDICAL SERVICES

597. Powers of Secretary in relation to medical services and operations

PART 8.3--PLACING CHILD IN EMERGENCY CARE

598. Circumstances in which child may be placed in emergency care

PART 8.3A--POWER OF PROTECTIVE SERVICES OFFICERS TO EXECUTE SEARCH WARRANTS

598A. Circumstances in which a protective services officer may apprehend a child under a search warrant

PART 8.4--JURISDICTION OF SUPREME COURT

599. Supreme Court—limitation of jurisdiction

PART 8.5--REGULATIONS

600. Regulations

PART 8.6--REPEALS AND TRANSITIONAL PROVISIONS

606. Transitional and saving provisions
607. Transitional provision—Criminal Procedure Legislation Amendment Act 2008
607A. Transitional provisions—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
608. Transitional provision—Crimes Amendment (Identity Crime) Act 2009
609. Transitional provision—Criminal Procedure Act 2009
610. Transitional provision—Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009
611. Order specifying land, leases, licences and interests in land to be transferred to Secretary
612. Vesting of property in Secretary
613. Action by Registrar of Titles
614. Taxes
615. Land etc. vests subject to encumbrances
616. Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
617. Transitional provision—Justice Legislation Amendment Act 2010
618. Transitional provision—Justice Legislation Further Amendment Act 2010 (CAYPINS)
619. Transitional provision—Children, Youth and Families Amendment (Security of Youth Justice Facilities) Act 2011
620. Transitional provision—Courts and Sentencing Legislation Amendment Act 2012
621. Transitional provision—Courts and Sentencing Legislation Amendment Act 2012
622. Transitional provision—Criminal Procedure Amendment Act 2012
Division 6A--of Part 5.4 applies to a question of law that arises in a proceeding on or after the commencement of section 35 of the Criminal Procedure Amendment Act 2012, irrespective of when the proceeding commenced.
623. Transitional provision—Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act 2013
624. Transitional provision—Children, Youth and Families Amendment Act 2013
625. Transitional provision—Justice Legislation Further Amendment Act 2016
627. Transitional provisions—Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
628. Transitional provisions—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
629. Transitional provision—Bail Amendment (Stage Two) Act 2018
630. Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
630A. Transitional provisions—Justice Legislation Amendment (Terrorism) Act 2018
631. Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018
632. Transitional provisions—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
632A. Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—proceedings
632B. Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—power to make orders to resolve difficulty
633. Transitional provision—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023—saving of authorisations of principal officers
634. Transitional regulations—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023
635. Transitional provision—Regulatory Legislation Amendment (Reform) Act 2024
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
ENDNOTES

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