Amendments to research materials

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  Removal of dated material in the commentary about the CYFA.
  
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  Addition of commentary on the amendments to the CYFA contained in the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 (Vic) [No.61 of 2014].
  

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  Paragraph heading changed to “Organizational structure of the Children’s Court of Victoria”.
  
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  Updating of office holders.
  

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  Removal of reference to Preston & Moonee Ponds Magistrates’ Courts which are now closed.
  
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  Addition to commentary on role of Moorabbin JC.
  

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  Paragraph heading amended to “Statutory prohibition on publication of identifying particulars and/or pictures”.
  
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  Removal of some references to the CYPA.
  
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  Commentary on R v SJK & GAS [2002] VSC 94 moved to paragraph 2.8.2.
  
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  Amendments to previous commentary.
  

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  Paragraph heading amended to “Suppression orders”.
  
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  Commentary on R v SJK & GAS [2002] VSC 94 moved from paragraph 2.8.1.
  
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  Amendments to previous commentary.
  

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  Paragraph heading changed to “Bail – History, Questions, Factors & Principles”.
  
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  Four sub-headings introduced.
  
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  Cases of Renate Mokbel v DPP (Vic) and DPP (Cth) [2006] VSC 487 at [33]-[34]; Bail Application by Michael Paterson [2006] VSC 268 and R v Griffey [2006] VSC 86 moved from section 9.4.
  
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  A number of extracts from the judgment of Bell J in DPP v Woods [2014] VSC 1 have been added to this paragraph.
  

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  The paragraph detailing “Some Cases in which exceptional circumstances were found and bail was granted” is numbered 9.4.1.1.
  
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  Added references to cases of Armstrong v R [2013] VSC 111; Re Michael Pickergill [2013] VSC 715.
  

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  New paragraph heading “Whether showing cause is a ‘one step’ or a ‘two step’ process”.
  
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  New case of Woods v DPP [2014] VSC 1 at [55]-[56].
  

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  New paragraph heading “How does an accused show cause”.
  
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  New case of Woods v DPP [2014] VSC 1 at [51].
  
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  New case of MA v EM [2014] VSC 11.
  

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  New paragraph heading “Unacceptable risk”.”
  
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  New introduction to DPP v Haidy {aka Vasailley} [2004] VSC 247 and some of the previous commentary moved into paragraph 9.4.4.2.
  
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  New case of Woods v DPP [2014] VSC 1 at [25], [27] & [28].
  

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  The paragraph detailing “Some cases in which cause was shown and bail was granted” is numbered 9.4.4.4.
  
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  New case of Nicholas Kiourellis [2014] VSC 1 at [109]-[119].
  
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  New case of MA v EM [2014] VSC 11.
  

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  The paragraph detailing “Some cases in which cause was not shown and bail was refused” is numbered 9.4.4.5.
  
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  New case of Lirim Salievski [2014] VSC 1 at [102]-[108].
  

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  The paragraph detailing “Some cases in which accused was held not to be an unacceptable risk and bail was granted” is numbered 9.4.4.6.
  
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  New case of Deng Mawn [2014] VSC 1 at [120]-[133].
  

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  New paragraph entitled “Relevance of youth”.
  
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  New case of Woods v DPP [2014] VSC 1 at [96]-[100].
  

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  New s.5(2A) of the Bail Act 1977.
  
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  Updated Children’s Court Courtlink standard bail conditions.
  

4

4.3.2

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  New Practice Direction 4 of 2009 relating to all child protection applications by apprehension at Melbourne Children’s Court.
  
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  Practice Direction 1 of 2008 is revoked.
  

4.8.2

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  This paragraph headed “Findings on balance of probabilities” has been substantially re-written because of the repeal of s.215(1)(c) of the CYFA and its replacement by new s.215A.
  
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  Added references to the balance of probabilities test referred to in ss.53(1)(a), 74(1), 76(1)(b), 77(2) & 106(2) of the FVPA and ss.35(1)(a), 61(1) & 83(2) of the PSIA.
  
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  Discussion of new s.162(3) of the CYFA and its relationship with the common law test of whether or not a child is likely to suffer harm in the future, a test enunciated in In re H. & Others (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563 at 585 in relation to English legislation in similar terms to s.162(1) of the CYFA.
  
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  Extract from judgment of Beach J in Helou v Shaya [2013] VSC 297 at [22].
  

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  Updated diagram of court processes.
  
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  Information about DOHS’ representation in the Family Division moved from 4.9.5 and updated.
  

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  Amendments to text to reflect change of name from “dispute resolution conference” to “conciliation conference”.
  
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  Text substantially revised and updated.