Amendments to research materials



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01/12/13

4

4.10.6.1

Paragraph renamed “Guidelines for the old model of conciliation conference”.

01/12/13

4

4.10.6.2

Paragraph renamed “Guidelines & procedure for the new model of conciliation conference”.

01/12/13

4

4.10.9.1

4.10.9.2


Sub-paragraph headings deleted and text combined into a single paragraph 4.10.9.

01/12/13

4

4.10.10

Minor amendment to definition of “judicial resolution conference”.

01/12/13

4

4.13

Reference to “access” changed to “contact”.

01/12/13

4

4.14

  • Section renamed “Frequency of contact between young child and parent”.

  • References to “access” changed to “contact” except in quotations and the like.

01/12/13

4

4.14.4

Paragraph renamed “Contact conditions are an integral part of a court order”.

01/12/13

5

5.2

5.11.7


5.16.4

5.17.5


5.18.5

5.20.2


5.22.1

5.22.4


5.23.3

Very minor amendment to text involving “contact” replacing “access”.

01/12/13

5

5.4.10

Update of Temporary Assessment Order statistics.

01/12/13

5

5.5

  • Text amended to refer reflect amendments to ss.240-243 of the CYFA.

  • Addition of statistics for 2011/2012 showing the percentage of protection applications initiated by placement in emergency care. Deletion of statistics for 2004/05 due to space constraints.

  • Addition of reference to amended s.587 of the CYFA.

01/12/13

5

5.5.3

Addition to commentary on proof of protection application to reflect addition of s.215A of the CYFA.

01/12/13

5

5.5.4

Paragraph heading amended to Meaning of “likely to suffer harm” and “unlikely to protect”. Addition to commentary on proof of protection application to reflect addition of s.162(3) of the CYFA.

01/12/13

5

5.5.6

5.11.10


5.13

5.14.2


5.15.1

5.15.3


5.17.1

5.17.2


5.20.6

5.22.7


5.23.7

5.27.3


Addition of statistics for 2011/12. In some instances small consequential changes have been made to the commentary to reflect updated statistics. Deletion of statistics for 2002/03 due to space constraints.

01/12/13

5

5.8.1

Addition to text to note that an application for a TTO is one of the very few applications which still requires the child to attend Court. Cross-reference to paragraph 4.8.6.

01/12/13

5

5.8.2

Very minor amendments to text.

01/12/13

5

5.10.3

“Contact” replacing “access” in s.10(3)(k) of the CYFA. Cross–reference to paragraph 5.11.6 for commentary on the law relating to s.10(3)(g) of the CYFA.

01/12/13

5

5.10.4

  • New paragraph entitled “Section 10(3)(g)–Child not to be removed from parent unless unacceptable risk of harm”

  • Commentary on DPP v Haidy [2004] VSC 247; DPP v Stewart [2004] VSC 405 and DOHS v SM [2006] VSC 129 moved into this paragraph from paragraph 5.11.6.

01/12/13

5

5.10.5

Renumbered paragraph – formerly 5.10.4.

01/12/13

5

5.10.6

Renumbered paragraph – formerly 5.10.5.

01/12/13

5

5.10.7

Renumbered paragraph – formerly 5.10.6.

01/12/13

5

5.11

Change to the form number for the prescribed forms for IAOs.

01/12/13

5

5.11.1

5.11.2


“Taken into safe custody” replaced by “placed in emergency care” where it occurs.

01/12/13

5

5.11.6

Rewording of text, including removal of a part of the commentary cases involving “unacceptable risk of harm” and its placement in paragraph 5.10.4. Reference to new case of DOHS v DR [2013] VSC 579 at [59]-[63].

01/12/13

5

5.11.11

  • “Taken into safe custody” replaced by “placed in emergency care” where it occurs.

  • Changes to text relating to ss.242(2) & 242(3) of the CYFA.

  • Change to cut-off time at Melbourne & Moorabbin CC from 2.00pm to 1.00pm.

01/12/13

5

5.11.13

Reference to new s.269(8).

01/12/13

5

5.11.16

Discussion of and extract from new case of DOHS v DR [2013] VSC 579 at [64]-[65].

01/12/13

5

5.12.3

Amend “dispute resolution conference” to “conciliation conference”.

01/12/13

5

5.15.1

Note that the definition of “parent” does not include an ex domestic partner of a birth parent.

01/12/13

5

5.15.7

Small change to text to remove reference to s.95(6) of the CYPA.

01/12/13

5

5.16.11

Small change to text to remove reference to ss.95(6) & 98(4) of the CYPA.

01/12/13

5

5.17.2

Commentary on dicta of Ashley J in SJF v DOHS [2001] VSC 252R, expanded with the name of and a long quotation from the judgment included.

01/12/13

5

5.17.3

Small change to text.

01/12/13

5

5.20.1

Removal of reference to and commentary on Department of Human Services v The Children's Court at Melbourne & Others [Supreme Court of Victoria, unreported, 11/11/1997] as it applied to the CYPA and is not relevant to the CYFA.

01/12/13

5

5.20.5

Significant changes to text including references to new ss.291(3A) & 291(7) of the CYFA.

01/12/13

5

5.23.2

Significant amendments to commentary.

01/12/13

5

5.23.3

Minor amendment to commentary.

01/12/13

5

5.24.6

Minor addition to commentary.

01/12/13

5

5.25.1

Minor modifications to Blue form.

01/12/13

5

5.25.3

New orange form providing pro forma orders for appointment of Independent Children’s Lawyer [ICL] and for costs orders.

01/12/13

5

5.26

Minor modifications to Pink form.

01/12/13

5

5.27

Heading to section 5.27 amended to “Emergency care search warrants”. Throughout the various paragraphs, references to “safe custody warrants” are changed to “emergency care search warrants”.

01/12/13

5

5.27.1

Significant changes to text as a consequence of the child not being required to attend Court in most circumstances.

01/12/13

5

5.27.2

Heading of paragraph amended to Warning: Bail justices must not issue emergency care search warrants”.

01/12/13

5

5.27.5

Major change to commentary on what happens upon the execution of the search warrant.

01/12/13

5

5.29.1

5.29.2


5.29.4

References to “access” changed to “contact”.

01/12/13

6

6.2

Additional commentary comparing the intervention order jurisdiction of the Magistrates’ Court with that of the Children’s Court.

01/12/13

6

6.2.3

Additional concurrent jurisdiction conferred from 01/12/2013 by s.147A of the FVPA and s.104A of the PSIA.

01/12/13

6

6.8.5

Changes to commentary including:

  • reference to fact that new s.215B of the CYFA is not intended to apply to the conduct of intervention order proceedings; and

  • reference to repeal of s.215(1)(c) and to the fact that its replacement – s.215A – does not in its terms apply to intervention order proceedings.

01/12/13

6

6FV.6

Minor clarification inserted into commentary.

01/12/13

6

6FV.7.5

General period of validity of FV safety notice increased to 120 hours.

01/12/13

6

6PS.5.2

6PS.5.3.1



6PS.5.3.4

Reference to new case of RR v The Queen [2013] VSCA 147 per Ashley JA.

01/12/13

6

6PS.8

Replace “registrar” by “court official”.

01/12/13

6

6.10.1

Minor amendment to commentary.

01/12/13

6

6.12

Commentary amended to add new provisions relating to the enforcement of costs orders under the FVPA & PSIA:

  • New s.528A of the CYFA confers an mechanism for enforcing costs orders made in the Family Division of the Children’s Court.

  • New s.170(2) of the FVPA and s.126(2) of the PSIA make applicable the Magistrates’ Court Act 1989 and relevant rules in proceedings for the enforcement of costs orders made under the FVPA and the PSIA.

01/12/13

6

6.14

Minor amendment to s.116(4) of the FVPA & s.93(4) of the PSIA.

02/08/13

1

1.4

Updated list of Practice Direction and Practice Notes.

02/08/13

3

3.1

Reference to new case of Waddington v Magistrates’ Court of Victoria & Kha (No. 2) [2013] VSC 340 at [51]-[61].

02/08/13

3

3.7.3

Reference to new cases of Murray Goulburn Coop Co Limited v Filliponi [2012] VSCA 230; Helou v Shaya [2013] VSC 297 at [23]-[27].

02/08/13

9

9.1

Section 346(5) of the CYFA amended to allow remand for a period not exceeding 21 clear days.

02/08/13

9

9.4.1

Added reference to case of Armstrong v R [2013] VSC 111.

02/08/13

9

9.4.4

Added references to cases of RS [2013] VSC 350; Roque Pasqua [2013] VSC 132; Re Mark Anthony Handler [2013] VSC 166; Mohammad El Ali [2013] VSC 216.

30/07/13

10

10.1

Extract from and commentary on new case of DPP v Michael Anderson [2013] VSCA 45.

30/07/13

10

10.6

Reference to Victorian Law Reform Commission review of the MIUT Act.

01/05/13

2

2.2

Amendments to contents to reflect a new President of the Children’s Court. Added reference to Media & Communications Manager of the Children’s Court.

01/05/13

2

2.2

2.5


Amendments to reflect the change in title of “acting magistrate” to “reserve magistrate”.

01/05/13

2

2.3

New organizational chart for Children’s Court and new list of office holders as at 01/05/2013.

01/05/13

2

2.8.2

New references to cases of Commonwealth DPP v Magistrates’ Court of Victoria [2011] VSC 593; Lew v Priester (No.2) [2012] VSC 152.

26/04/13

6

6.10.1

Contents changed to reflect amendments to ss.524(1)(a), 524(1A), 524(1B) & 525 of the CYFA which came into operation on 27/03/2013.

26/04/13

6

6FV.2

Added reference to AA v BB [2013] VSC 120 at [79]-[82].

26/04/13

6

6FV.12

Contents changed to reflect amendments to the FVPA which came into operation on 17/04/2013.

26/04/13

6

6FV.13.1

Added reference to AA v BB [2013] VSC 120 at [14]-[27] & [87].

26/04/13

6

6.18.1

Addition to contents to reflect amendments to the FVPA which have resulted in 3 additional contravention offences as from 17/04/2013.

26/04/13

6

6.20

Intervention order statistics for 2011-2012 added.

09/04/13

4

4.6.4

Paragraph title changed to “Trends in child protection reports 1989-1990 to 2011-2012”. Addition of statistics for 2011-2012.

09/04/13

4

4.6.5

Addition of statistics for 2011-2012.

09/04/13

4

4.7.1

Removal of reference to and extract from A & B v Children’s Court of Victoria [2012] VSC 589.

09/04/13

4

4.7.2

Renumbered paragraph – formerly 4.7.5.

09/04/13

4

4.7.3

Paragraph renumbered – formerly 4.7.2 – and title changed to “Child usually represented if aged 10 years or more”. Contents substantially changed to reflect amendments to ss.524(1)(a), 524(1A), 524(1B) & 525 of the CYFA which came into operation on 27/03/2013.

09/04/13

4

4.7.4

Paragraph renumbered – formerly 4.7.3 – and title changed to “Representation of child under 10 or not mature enough to give instructions”. Contents substantially changed to reflect amendments to ss.524(1)(a), 524(1A), 524(1B) & 524(4) which came into operation on 27/03/2013.

09/04/13

4

4.7.5

Renumbered paragraph – formerly 4.7.4.

09/04/13

4

4.7.6

Contents slightly changed to reflect amendments to s.524 which came into operation on 27/03/2013 and because of the re-writing of what are now paragraphs 4.7.3 & 4.7.4. Some of the commentary on A & B v Children’s Court of Victoria [2012] VSC 589 which was previously in paragraph 4.7.7 has been moved into this paragraph.

09/04/13

4

4.7.7

Old paragraph 4.7.7 deleted. Old paragraph 4.7.8 renumbered 4.7.7.

09/04/13

4

4.7.8

Old paragraph 4.7.9 renumbered 4.7.8.

09/04/13

4

4.7.9

Old paragraph 4.7.10 renumbered 4.7.9. Small change to commentary to reflect amendments to ss.524(1)(a), 524(1A), 524(1B) & 524(4) which came into operation on 27/03/2013.

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