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Amend the Children, Youth and Families Act 2005 (Vic) to clarify the Children's Court of Victoria can make 'parenting orders' similar to the Magistrates' Court of Victoria

Recommendation:
133
Status:
Implemented

Who is leading the change

  • Department of Justice and Community Safety

The Victorian Government amend the Children, Youth and Families Act 2005 (Vic) to clarify that the Children’s Court of Victoria has the same jurisdiction to make Family Law Act 1975 (Cth) parenting orders as the Magistrates’ Court of Victoria.

  • As part of our approach, the Department of Justice and Community Safety:

    • examined the funding and resourcing implications for the Children's Court of Victoria and the Department of Families, Fairness and Housing (DFFH) and legal services
    • developed a legislative proposal in consultation with DFFH for inclusion in a suitable legislative vehicle
    • undertook consultation with stakeholders through existing justice portfolio processes, including the Chief Magistrate's Family Violence Taskforce.
  • The Children Youth and Families Act 2005External Link (Vic) has been amended to make clear that family law jurisdiction conferred upon the Children’s Court of Victoria (CCV) under the Family Law Act (1975)External Link (Cth) would be exercised in the Family Division of the Court and allow the CCV to make rules for the purpose of exercising that jurisdiction. This will ensure that any family law proceedings will be conducted using forms and procedures that are compatible with current CCV practice.

    These State level legislative changes acquit Recommendation 133.

    Victoria is working with the Commonwealth to secure funding which would enable the CCV to exercise family law jurisdiction and be prescribed in regulations under Family Law Act section 69GA.

  • Implemented.

Reviewed 27 January 2023

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