Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES AMENDMENT ACT 2013 (NO. 52 OF 2013) - SECT 41

Interim 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.".



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