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Children, Youth and Families Act 2005
515Jurisdiction of Family Division
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515 Jurisdiction of Family Division
(1) The Family Division has jurisdiction to hear and determine an application for—
(a) an interim accommodation order; or
(b) a finding that a child is in need of protection; or
S. 515(1)(c) amended by No. 61/2014 s. 84(1).
(c) a finding that there is a substantial and presently irreconcilable difference between the person who has parental responsibility for a child and the child to such an extent that the care and control of the child are likely to be seriously disrupted; or
S. 515(1)(ca) inserted by No. 8/2016 s. 22(4).
(ca) a care by Secretary order applied for under section 289(1A); or
S. 515(1)(cb) inserted by No. 8/2016 s. 22(4).
(cb) a long-term care order applied for under section 290(1A); or
(d) a permanent care order; or
(e) a therapeutic treatment order; or
(f) a therapeutic treatment (placement) order; or
(g) a temporary assessment order; or
(h) the variation or revocation of—
(i) a therapeutic treatment order; or
(ii) a therapeutic treatment (placement) order; or
(iii) a temporary assessment order; or
(i) the variation of an interim accommodation order; or
S. 515(1)(j) substituted by No. 61/2014 s. 84(2).
(j) the variation or revocation of—
(iii) a permanent care order; or
S. 515(1)(k) substituted by No. 61/2014 s. 84(2).
(k) the extension of—
(iii) a care by Secretary order; or
S. 515(1)(l) substituted by No. 61/2014 s. 84(2).
(l) the revocation of—
(i) a care by Secretary order; or
(ii) a long-term care order; or
S. 515(1)(m) substituted by No. 61/2014 s. 84(2).
(m) an order in respect of a failure to comply with an interim accommodation order; or
S. 515(1)(n) amended by No. 61/2014 s. 84(3).
(n) an order regarding the exercise of any right, power or duty vested in a person as a person with joint parental responsibility for a child; or
S. 515(1)(o) amended by No. 47/2021 s. 25(2)(a).
(o) an order arising out of a child protection proceeding within the meaning of Schedule 1 transferred to the Court under an interstate law within the meaning of that Schedule; or
S. 515(1)(p) inserted by No. 47/2021 s. 25(2)(b).
(p) the making, variation, extension or revocation of a support and engagement order within the meaning of Part 4A of the **Terrorism (Community Protection) Act 2003** in respect of a child.
S. 515(2) amended by Nos 52/2008 s. 236, 68/2008 s. 65, 53/2010 s. 221(Sch. item 2.2), 42/2014 s. 109, 53/2016 s. 89.
(2) The jurisdiction given by subsection (1) is additional to the jurisdiction given to the Family Division by Schedule 1 or by an interstate law within the meaning of that Schedule or by the **Family Violence Protection Act 2008**, the **National Domestic Violence Order Scheme Act 2016** or the **Personal Safety Intervention Orders Act 2010** or by the **Vexatious Proceedings Act 2014** in relation to intervention order legislation within the meaning of that Act.
S. 515(3) inserted by No. 47/2021 s. 25(3).
(3) The Family Division also has jurisdiction with respect to review hearings under Subdivision 4 of Division 5 of Part 4A of the **Terrorism (Community Protection) Act 2003** in respect of a child.
S. 515(4) inserted by No. 1/2022 s. 122.
(4) The Family Division has any jurisdiction given to the Court by or under the Family Law Act 1975 of the Commonwealth.