Victorian Current Acts Victorian Current Acts(1) A long-term care order—
(a) confers parental responsibility for the child on the Secretary to the exclusion of all other persons; and
(b) subject to this Division, remains in force until the child attains the age of 18 years or marries, whichever happens first; and
(c) despite anything to the contrary in Division 7 or 10, may be made instead of extending a care by Secretary order.
S. 290(1A) inserted by No. 8/2016 s. 11.
(1A) Subject to Division 1, a long-term care order
may be made on the application of the Secretary.
S. 290(1B) inserted by No. 8/2016 s. 11.
(1B) A protection order applying to a child at the date of an application for a long-term care order in relation to the child continues in force until the application is determined.
S. 290(1C) inserted by No. 8/2016 s. 11.
(1C) If the Court decides not to make a long-term care order, it may, if satisfied that the grounds for the finding under section 274 still exist, make—
(a) an order requiring a person to give an undertaking under this Part; or
(b) a family preservation order in respect of the child; or
(c) a family reunification order in respect of the child; or
(d) a care by Secretary order in respect of the child; or
(e) an order extending a protection order that is in force in respect of the child.
(2) The Court must not make a long-term care order unless the Court is satisfied that—
(a) there is a person or persons available with whom the child will continue to live for the duration of the order; and
(b) the person or persons referred to in paragraph (a) will not consent to the making of a permanent care order; and
(c) the Secretary consents to the making of the order; and
(d) if the child is of or over the age of 10 years, the child does not oppose the making of the order; and
(e) the making of the order is in the best interests of the child.
(3) The Court must direct the Secretary to review the operation of the order before the end of each period of 12 months after the making of the order.
(4) Following a review under subsection (3), the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that order should end.
(5) The Secretary must notify the Court of a determination under subsection (4).
(6) If a notice is given under subsection (5), the order ends at the end of 12 months after the order is made or on the date that notice is given, whichever is the later.
(7) The Secretary must notify the child (if the child is aged 10 years or older), the child's parent and any other persons that the Court directs if the order ends in accordance with subsection (6).
(8) Section 288 applies to a long-term care order as if any reference to a family reunification order were a reference to a long-term care order.
Ch. 4 Pt 4.9 Div. 9 (Heading and ss 291, 292) amended by No. 52/2013 s. 41, repealed by No. 61/2014 s. 32.
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Division 10—Extension of protection orders