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 ; and