Victorian Numbered Acts Victorian Numbered Acts(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.".