Victoria interests of the Victoria Legal Aid ‘best child paramount’ Children, Youth and Pre-court assistance/rep: No Child participation Families Act 2005 (VIC) encouraged to extent Duty Lawyer Service: Yes developmental capacity Children, Youth and Court based assistance/rep: and circumstances Families Amendment Yes allow direct and best (Permanent Care and Other – interest Matters) Act 2014 (VIC) No Post-court assistance/rep: Culture, disability, Third Parties: Yes language, religion and sexuality of child must Initiate applications: No be taken into account Administrative review: Yes Least intrusive intervention consistent Guidelines: with protection of child prospects of a Early intervention ‘Reasonable child being placed in the Permanent placement OR DHHS are principles hierarchy of parent’s care’ – seeking particular orders that intervention would have the effect of Desirability of removing custody and expeditious decision guardianship from parents. making ATSI placement Restriction placed on pursuing contact only unless the parent principle is under 18. Strict timelines for reunification provide as follows: Court may order a Family Reunification Order for a period with the effect of a child being in court ordered out-of-home care for up to 12 months. Court may only extend a Family Reunification Order where compelling evidence exists that a parent is likely to permanently resume care of child during the period of extension and provided the extension will not have the effect of
Victoria Children, Youth and Families Act 2005 (VIC) Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 (VIC) ‘best interests of the child paramount’ Child participation encouraged to extent developmental capacity and circumstances allow – direct and best interest Culture, disability, language, religion and sexuality of child must be taken into account Least intrusive intervention consistent with protection of child Early intervention Permanent placement principles – hierarchy of intervention Desirability of expeditious decision making ATSI placement principle Strict timelines for reunification provide as follows: Court may order a Family Reunification Order for a period with the effect of a child being in court ordered out-of-home care for up to 12 months. Court may only extend a Family Reunification Order where compelling evidence exists that a parent is likely to permanently resume care of child during the period of extension and provided the extension will not have the effect of Victoria Legal Aid Pre-court assistance/rep: No Duty Lawyer Service: Yes Court based assistance/rep: Yes Post-court assistance/rep: No Third Parties: Yes Initiate applications: No Administrative review: Yes Guidelines: ‘Reasonable prospects of a child being placed in the parent’s care’ OR DHHS are seeking particular orders that would have the effect of removing custody and guardianship from parents. Restriction placed on pursuing contact only unless the parent is under 18.