Children, Youth and Families (Children's Court Family Division) (Amendment No. 2) Rules 2010
Children, Youth and Families (Children's Court
Family Division) (Amendment No. 2) Rules 2010
S.R. No. 151/2010
TABLE OF PROVISIONS
Rule Page
1 Object 1
2 Authorising provisions 1
3 Commencement 1
4 Principal Rules 1
5 Rule 7 revoked 1
6 Form 12 substituted 2
Form 12—Interim Accommodation Order 2
7 Form 14 revoked 3
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ENDNOTES 5
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STATUTORY RULES 2010
S.R. No. 151/2010
Children, Youth and Families Act 2005
Children, Youth and Families (Children's Court
Family Division) (Amendment No. 2) Rules 2010
The President together with 2 Magistrates jointly make the
following Rules:
1 Object
The object of these Rules is to make
miscellaneous amendments to the Children, Youth
and Families (Children's Court Family Division)
Rules 2007 as a consequence of the
commencement of Division 1 of Part 5 of the
Justice Legislation Further Amendment Act
2010.
2 Authorising provisions
These Rules are made under section 588(1) of the
Children, Youth and Families Act 2005 and all
other enabling powers.
3 Commencement
These Rules come into operation on 1 January
2011.
4 Principal Rules
In these Rules, the Children, Youth and Families
(Children's Court Family Division) Rules 20071
are called the Principal Rules.
5 Rule 7 revoked
Rule 7 of the Principal Rules is revoked.
1
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S.R. No. 151/2010
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 2) Rules 2010
r. 6
6 Form 12 substituted
For Form 12 of the Principal Rules substitute—
"FORM 12
Rule 5
Children, Youth and Families Act 2005
(Sections 262, 263)
INTERIM ACCOMMODATION ORDER
Court Ref.
Name of Child
*Male/*Female
Date of Birth
Address
Applicant's name
Agency and address
Phone
Grounds for making this interim accommodation order
[set out grounds]
A hearing in this case will take place at [time] *a.m./*p.m.
on [date] at the Children's Court at [venue name and
address].
Interim accommodation order
Until further order, I order that the child is to be—
*released pending the hearing, or the resumption of the
hearing.
*released into the care of [name of parent] who is his or
her parent pending the hearing, or the resumption of the
hearing.
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S.R. No. 151/2010
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 2) Rules 2010
r. 7
*placed with [name of person(s)] who is a (are) suitable
person(s) pending that hearing, or the resumption of, the
hearing, and following a report (whether oral or written)
from the Secretary on that person's or those persons'
suitability.
*placed in an out-of-home care service pending that
hearing or resumption.
*placed in a secure welfare service pending that hearing
or resumption as there is a substantial and immediate
risk of harm to the child.
*placed in a declared hospital on the provision to the
Court or bail justice of a statement in the prescribed form
by or on behalf of the chief executive of the hospital that
a bed is available for the child at the hospital.
*placed in a declared parent and baby unit on the
provision to the Court or bail justice of a statement in the
prescribed form by or on behalf of the chief executive of
the agency managing the parent and baby unit that a
place is available for the child at the parent and baby
unit.
The following conditions apply to this Order [set out
conditions]
Order made at [venue name]
on [date]
*Judge/*Magistrate/*Bail Justice
*Delete if not applicable
__________________".
7 Form 14 revoked
Form 14 of the Principal Rules is revoked.
3
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S.R. No. 151/2010
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 2) Rules 2010
4
r. 7
Dated: 21 December 2010
PAUL DOUGLAS GRANT,
President of the Children's Court of Victoria
GREGORY LEVINE,
Magistrate
BELINDA WALLINGTON,
Magistrate
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S.R. No. 151/2010
Children, Youth and Families (Children's Court Family Division)
(Amendment No. 2) Rules 2010
5
ENDNOTES
1 Rule 4: S.R. No. 24/2007 as amended by S.R. No. 186/2009.
Endnotes
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