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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:
In progress

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:

    • is examining the funding and resourcing implications for the Children's Court of Victoria and the Department of Health and Human Services and legal services
    • is developing a legislative proposal in consultation with the Commonwealth Attorney-General's Department for inclusion in a legislative vehicle, and
    • undertook consultation with stakeholders through existing justice portfolio processes, including the Chief Magistrate's Family Violence Taskforce
  • In February 2017, the Victorian Government made a submission to the Commonwealth Government on proposed legislative family law reforms to reduce fragmentation of jurisdiction in cases that involve family violence.

    A national Law, Crime and Community Safety Council (now Council of Attorneys-General) working group has been established through the Council of Australian Governments (COAG) to consider the impacts, including resourcing, of the proposed legislation released by the Commonwealth government through a draft exposure bill. In addition, the Department of Justice and Community Safety, the Magistrates’ Court of Victoria and the Children’s Court (CCV) commissioned a modelling project to identify the cost impacts for the Victorian justice system of the Commonwealth’s Family Law Amendment (Family Violence and Other Measures) Act 2018, including the cost impact for the CCV if it accepts the family law jurisdiction.

    The Children Youth and Families Act 2005 (Vic) will be amended to make clear that family law jurisdiction conferred upon the CCV under the Family Law Act 1975 (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 would achieve any necessary legislative changes at the state level to enable the CCV to make its own rules to govern the exercise of parenting orders under the Family Law Act 1975 (Cth) and would acquit Recommendation 133.

  • 31 December 2020.

Reviewed 17 May 2020

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