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Children, Youth and Families (Children's Court Family Division) (Amendment No. 2) Rules 2010

Legislation · Victoria · 2020
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 ═══════════════ ENDNOTES 5 i -- 1 of 6 -- 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 -- 2 of 6 -- 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. 2 -- 3 of 6 -- 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 -- 4 of 6 -- 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 ═══════════════ -- 5 of 6 -- 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 -- 6 of 6 --