5Secretary to have regard to certain matters

5 Secretary to have regard to certain matters In determining whether to transfer a child protection order to a participating State under this Division, the Secretary must— Sch. 1 Pt 2 cl. 5(a) amended by No. 17/2023 s. 13. (a) as far as possible, make decisions having regard to the principles in Parts 1.1B and 1.2 of Chapter 1 and the following principles— (i) the best interests of the child must be given paramount importance; (ii) the child (except if his or her participation would be detrimental to his or her safety or wellbeing) must be encouraged and (through consultation and discussion) given adequate opportunity to participate fully in the decision-making process and must be given a copy of any proposed case plan relating to the transfer and sufficient notice of any meeting proposed to be held; (iii) the family of the child (except if its participation would be detrimental to the safety or wellbeing of the child) must be encouraged and (through consultation and discussion) given adequate opportunity to participate fully in the decision-making process and must be given a copy of any proposed case plan relating to the transfer and sufficient notice of any meeting proposed to be held; and (b) have regard to whether the Secretary or an interstate officer is in the better position to exercise powers and responsibilities under a child protection order relating to the child; and (c) have regard to the fact that it is preferable that a child is subject to a child protection order made under the child welfare law of the State where the child resides; and Sch. 1 Pt 2 cl. 5(d) amended by No. 68/2009 s. 87(1)(a). (d) have regard to any sentence under any Act, other than a fine, in force in respect of the child or any criminal proceeding pending against the child in any court. 6 Notification to child and his or her parents (1) If the Secretary has decided to transfer a child protection order to a participating State under this Division, the Secretary must cause— (a) the parent of the child who is the subject of the order; and (b) if the child is of or above the age of 7 years, the child— to be served with a notice of the decision as soon as practicable but in any event no later than 3 working days after making it. (2) A notice under subclause (1) served on a parent of the child must, in addition to providing notice of the decision, inform the parent that— (a) the decision may be reviewed on its merits by the Victorian Civil and Administrative Tribunal or on certain grounds by the Supreme Court; and (b) the application for review must be made, and the relevant documents served on the Secretary, within 28 days after the date of the decision or, in the case of an application to the Victorian Civil and Administrative Tribunal, the later day on which a statement of reasons for the decision is given or refused to be given under the **Victorian Civil and Administrative Tribunal Act 1998**; and (c) a request under section 45(1) of the **Victorian Civil and Administrative Tribunal Act 1998** for a written statement of reasons for the decision must be made in writing within 28 days after the date of the decision; and (d) the parent may make an application for review and provide details of how such an application may be made. (3) A notice under subclause (1) served on the child must, in addition to providing notice of the decision, inform the child that— (a) the child may seek legal advice in relation to the decision; and (b) the child may oppose the decision by writing, or by a legal practitioner writing on his or her behalf, to the employee nominated in the notice within 28 days after service of the notice and stating the fact that the child opposes the decision; and (c) if notice of opposition is given to the nominated employee in accordance with paragraph (b), the order cannot be transferred by the Secretary under this Division. (4) The Secretary must make all reasonable efforts to ensure that a child on whom a notice is served under subclause (1) has an opportunity to seek legal advice in relation to the decision to transfer the child protection order. (5) Service of a notice on a person is not required under subclause (1) if it cannot be effected after making all reasonable efforts. 7 Limited period for judicial review of decision (1) A proceeding in the Supreme Court for judicial review of a decision of the Secretary to transfer a child protection order to a participating State under this Division must be instituted, and written notice of it must be served on the Secretary, within 28 days after the date of the decision of the Secretary. (2) Subject to subclause (1), a proceeding referred to in that subclause must be brought in accordance with the rules of the Supreme Court. (3) The Supreme Court cannot extend the time limit fixed by subclause (1). (4) The institution of a proceeding referred to in subclause (1) and service of written notice of it on the Secretary stays the operation of the decision pending the determination of the proceeding. Division 2—Judicial transfers