10 Application to the Court—publication of proceedings
For the purposes of section 534 of the Act, an application for permission of the President or a magistrate for publication of proceedings in the Family Division of the Court must be in Form 42.
Form 1 (Heading) substituted by S.R. No. 100/2022 rule 7.
Form 1 amended by S.R. No. 20/2024 rule 5.
Form 1—Application for temporary assessment order
Application for temporary assessment order
Sections 228, 229
The *Secretary/*principal officer of an Aboriginal agency—
(a) has a reasonable suspicion that the child is, or is likely to be, in need of protection; and
(b) is of the opinion that further investigation and assessment of the matter is warranted; and
(c) is of the opinion that the investigation and assessment cannot properly proceed unless a temporary assessment order is made.
The *Secretary/*principal officer of an Aboriginal agency applies for—
*authorisation for the Secretary to enter the premises where the child is living;
*a requirement that the parent of the child or any person with whom the child is living permit the Secretary to enter the premises where the child is living;
*a requirement that the parent of the child or any person with whom the child is living permit the Secretary to interview the child and take the child to a place to be determined by the Secretary for that interview;
*authorisation, subject to section 233 of the Act, for the child to be medically examined by a registered medical practitioner or a registered psychologist;
*a direction that the parent of the child or any person with whom the child is living permit the Secretary to take the child for that medical examination;
*authorisation for the results of the medical examination to be given to the Secretary;
*a requirement that the parent of the child or any person with whom the child is living attend an interview with the Secretary and, subject to section 234 of the Act, answer any questions put to them in the interview;
*the following directions or conditions— [provide a brief description].
*Application for Temporary Assessment Order (without giving notice) pursuant to section 229 of the Act<br>The applicant applies for leave for the application to be heard without giving notice under section 228 of the Act and is satisfied that the giving of such notice is inappropriate in the circumstances.
Section 10 - Children, Youth and Families (Children's Court Family Division) Rules 2017 - Application to the Court—publication of proceedings | Zoe
*To the parent(s)—You are directed to produce the child at Court for the hearing of this application.
Form 2 (Heading) substituted by S.R. No. 100/2022 rule 8.
Form 2 amended by S.R. No. 20/2024 rule 6.
Form 2—Temporary assessment order
TEMPORARY ASSESSMENT ORDER
Sections 231–235, 236, 238
*The Children's Court is satisfied that—
the making of a temporary assessment order is in the best interests of the child; and
it is necessary for the Secretary to assess whether or not the child is in need of protection; and
the Secretary cannot properly carry out an investigation or assessment unless the order is made.
*The Children's Court grants an application to vary the terms of the temporary assessment order made on [date] in respect of the child.
*The Court makes a temporary assessment order on an application under section *228/*229 of the Act.
*The Court orders that the term(s) of the temporary assessment order made on [date] be varied.
The temporary assessment order—
*authorises the Secretary to enter the premises where the child is living— [address];
*requires [name] to permit the Secretary to enter the premises where the child is living— [address];
*requires [name] to permit the Secretary to interview the child and to take the child to a place to be determined by the Secretary for that interview;
*authorises, subject to section 233 of the Act, the medical examination of the child by a registered medical practitioner or a registered psychologist;
*directs [name] to permit the Secretary to take the child for that medical examination;
*authorises the results of the medical examination to be given to the Secretary;
*requires [name] to attend an interview with the Secretary and, subject to section 234 of the Act, to answer any questions put to them in the interview;
*any direction or condition— [specify].
This order remains in force for [specify number] days beginning from [date].
The Secretary must provide to the Court by [date] a report in writing setting out the matters referred to in section 238(2) of the Act.
If this order is made on an application under section 229 of the Act, the child or a parent of the child may apply to the Court under section 235 of the Act for the variation or revocation of this order.
Order made at— [venue]
Medical examination of a child is subject to section 233 of the Act. Section 233 provides:
Despite a temporary assessment order, a registered medical practitioner or registered psychologist by whom the child is to be examined under the order must not examine the child if—
(a) the medical practitioner or psychologist is of the opinion that the child has sufficient understanding to give or refuse consent to the examination; and
(b) the child refuses that consent.
Interviews authorised by this order are subject to section 234 of the Act. Section 234(1) provides:
Despite a temporary assessment order, a person may refuse to answer a question put by the Secretary in an interview authorised by the order on the ground that—
(a) to answer might tend to incriminate the person; or
(b) the information is privileged on the ground of legal professional privilege or client legal privilege.
Form 3 (Heading) substituted by S.R. No. 100/2022 rule 9.
Form 3 amended by S.R. No. 20/2024 rule 7.
Form 3—Application to vary or revoke a temporary assessment order made without notice
application to vary or revoke a temporary assessment order made without notice
Details of the order that is sought to be varied or revoked
On the application of— [full name of the person who applied for the temporary assessment order]
Agency and address—
The Children's Court at [venue] on [date] made a temporary assessment order under section 229 of the Act.
*to revoke the order.
The grounds for this application are— [set out grounds].
This application is made—
*by the child.
*by a parent of the child.
**To the Secretary/principal officer—You must come to the hearing of this application.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 4 (Heading) substituted by S.R. No. 100/2022 rule 10.
Form 4 amended by S.R. No. 20/2024 rule 8.
Form 4—Application for therapeutic treatment order
Application for therapeutic treatment order
The *Secretary/*principal officer of an Aboriginal agency is satisfied on the following grounds that the child is in need of therapeutic treatment— [set out the grounds].
*To the parent(s)—You are directed to produce the child at Court for the hearing of this application.
Form 5 (Heading) substituted by S.R. No. 100/2022 rule 11.
Form 5 amended by S.R. No. 20/2024 rule 9.
Form 5—Therapeutic treatment order
THERAPEUTIC TREATMENT ORDER
Sections 248–250, 256, 257
*The Children's Court is satisfied that—
(a) the child has exhibited sexually abusive behaviours; and
(b) a therapeutic treatment order is necessary to ensure the child's access to, or attendance at, an appropriate therapeutic treatment program.
*The Children's Court grants an application to extend the current therapeutic treatment order in respect of the child.
*The Children's Court grants an application to vary the condition(s) of the current therapeutic treatment order in respect of the child.
*The Court makes a therapeutic treatment order.
*The Court orders that the current therapeutic treatment order be extended.
*The Court orders that the condition(s) of the current therapeutic treatment order be varied.
The child is required to participate in a therapeutic treatment program
[give details of program, agency and address].
*[Specify any conditions].
This therapeutic treatment order remains in force until [end date].
Judge/*Magistrate/*Judicial registrar
Any statement made by the child when participating in the therapeutic treatment program under this order is not admissible in any criminal proceedings in relation to the child—see section 251 of the Act.
Form 6 (Heading) substituted by S.R. No. 100/2022 rule 12.
Form 6 amended by S.R. No. 20/2024 rule 10.
Form 6—Application for therapeutic treatment (placement) order
Application for therapeutic treatment (placement) order
*The Children's Court at [venue] on [date] made a therapeutic treatment order in respect of the child.
The *Secretary/*principal officer of an Aboriginal agency applies for a therapeutic treatment (placement) order on the following grounds— [set out the grounds].
Form 7 (Heading) substituted by S.R. No. 100/2022 rule 13.
Form 7 amended by S.R. No. 20/2024 rule 11.
Form 7—Therapeutic treatment (placement) order
Therapeutic treatment (placement) order
Sections 252–254, 256, 257
*The Children's Court has made a therapeutic treatment order in respect of the child and the Children's Court is satisfied that a therapeutic treatment (placement) order is necessary for the treatment of the child.
*The Children's Court grants an application to extend the current therapeutic treatment (placement) order in respect of the child.
*The Children's Court grants an application to vary the condition(s) of the current therapeutic treatment (placement) order in respect of the child.
*The Court makes a therapeutic treatment (placement) order.
*The Court orders that the current therapeutic treatment (placement) order be extended.
*The Court orders that the condition(s) of the current therapeutic treatment (placement) order be varied.
The therapeutic treatment (placement) order grants parental responsibility for the child to the Secretary but does not otherwise affect parental responsibility for the child.
The therapeutic treatment (placement) order has the following conditions— [set out conditions].
This order remains in force until [end date].
Form 8 (Heading) substituted by S.R. No. 100/2022 rule 14.
Form 8 amended by S.R. No. 20/2024 rule 12.
Form 8—Application to vary or revoke a therapeutic treatment order or therapeutic treatment (placement) order
APPLICATION TO VARY OR REVOKE A THERAPEUTIC TREATMENT ORDER OR THERAPEUTIC TREATMENT (PLACEMENT) ORDER
Sections 257, 258
Details of the order sought to be varied or revoked
On the application of— [full name]
Agency and address—
*The Children's Court at [venue] on [date] made a therapeutic treatment order.
*The Children's Court at [venue] on [date] made a therapeutic treatment (placement) order.
*to vary the order [specify conditions to be varied].
*to revoke the order.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 9 (Heading) substituted by S.R. No. 100/2022 rule 15.
Form 9 amended by S.R. No. 20/2024 rule 13.
Form 9—Application for extension of therapeutic treatment order or therapeutic treatment (placement) order
APPLICATION FOR EXTENSION OF THERAPEUTIC TREATMENT ORDER OR THERAPEUTIC TREATMENT (PLACEMENT) ORDER
Details of the order sought to be extended
*The Children's Court at [venue] on [date] made a therapeutic treatment order.
*The Children's Court at [venue] on [date] made a therapeutic treatment (placement) order.
This application is for an extension of—
*the therapeutic treatment order.
*the therapeutic treatment (placement) order.
Form 10 (Heading) substituted by S.R. No. 100/2022 rule 4(1).
Form 10 amended by S.R. Nos 100/2022 rule 4(2), 20/2024 rule 14.
Form 10—Protection application
Protection application
Sections 240, 243
*The child has been abandoned by the child's parents and after reasonable enquires—
(i) the parents cannot be found; and
(ii) no other suitable person can be found who is willing and able to care for the child.
*The child's parents are dead or incapacitated and there is no other suitable person willing and able to care for the child.
*The child has suffered, or is likely to suffer, significant harm as a result of physical injury and the child's parents have not protected, or are unlikely to protect, the child from harm of that type.
*The child has suffered, or is likely to suffer, significant harm as a result of sexual abuse and the child's parents have not protected, or are unlikely to protect, the child from harm of that type.
*The child has suffered, or is likely to suffer, emotional or psychological harm of such a kind that the child's emotional or intellectual development is, or is likely to be, significantly damaged and the child's parents have not protected, or are unlikely to protect, the child from harm of that type.
*The child's physical development or health has been, or is likely to be, significantly harmed and the child's parents have not provided, arranged or allowed the provision of, or are unlikely to provide, arrange or allow the provision of, basic care or effective medical, surgical or other remedial care.
**The child has/has not been placed in emergency care.
Form 11 (Heading) substituted by S.R. No. 100/2022 rule 16.
Form 11 amended by S.R. No. 20/2024 rule 15.
Form 11—Irreconcilable differences application
Irreconcilable DIFFERENCES application
Sections 259, 260
Name of parent or person who has parental responsibility—
Relationship to the child— [state relationship: e.g. mother, father, person who has parental responsibility]
*If the applicant is the child
I believe that there is a substantial and presently irreconcilable difference between me and the person who has parental responsibility for me to such an extent that my care and control are likely to be seriously disrupted.
*If the applicant is a person who has parental responsibility for the child
I believe that there is a substantial and presently irreconcilable difference between the child and me to such an extent that the care and control of the child are likely to be seriously disrupted.
To the parent(s) or person who has parental responsibility for the child—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 12 (Heading) substituted by S.R. No. 100/2022 rule 5(1).
Form 12 amended by S.R. Nos 100/2022 rule 5(2), 20/2024 rule 16.
Form 12—Interim accommodation order
Interim accommodation Order
Sections 262, 263
Grounds for making this interim accommodation order
A hearing in this case will take place at [time and date] at the Children's Court at [venue name and address].
Interim accommodation order
Until further order, I order that the child is to be—
*released pending the hearing, or the resumption of the hearing.
*released into the care of [name of parent] who is the child's parent pending the hearing, or the resumption of the hearing.
*placed with [name of person(s)] who *is a suitable person/*are suitable persons pending that hearing, or the resumption of the hearing, and following a report (whether oral or written) from the Secretary on that person's or those persons' suitability.
*placed in an out‑of‑home care service, [specify name and address], pending that hearing or resumption.
*placed in a secure welfare service, [specify name and address], pending that hearing or resumption as there is a substantial and immediate risk of harm to the child.
*placed in a declared hospital, [specify name and address], on the provision to the Court or bail justice of a statement in the prescribed form by or on behalf of the chief executive of the hospital that a bed is available for the child at the hospital.
*placed with a disability service provider, [specify name and address], within the meaning of the Disability Act 2006.
*placed with a registered NDIS provider, [specify name and address], providing to the child under the NDIS short term accommodation and assistance or supported independent living.
*placed in a declared parent and baby unit, [specify name and address], on the provision to the Court or bail justice of a statement in the prescribed form by or on behalf of the chief executive of the agency managing the parent and baby unit that a place is available for the child at the parent and baby unit.
The following conditions apply to this order [set out conditions]
Order made at [venue name]
*[if order is made by a judicial officer]
*[if order is made by a bail justice]
[name of bail justice]
Bail Justice
Form 13 (Heading) substituted by S.R. No. 100/2022 rule 17.
Form 13 amended by S.R. No. 20/2024 rule 17.
Form 13—Statement of placement availability
Rule 7
Statement of Placement Availability
Section 263(1)(f) and (g)
I, [name] *being the/*on behalf of the chief executive officer of [name of declaredhospital or name of agency managing a declared parent and baby unit] state that there is a *bed/*place available for [name of child] at [name of declared hospital or name of declared parent and baby unit].
Form 14 (Heading) substituted by S.R. No. 100/2022 rule 18.
Form 14 amended by S.R. No. 20/2024 rule 18.
Form 14—Application to vary an interim accommodation order or for a new interim accommodation order
APPLICATION TO VARY AN INTERIM ACCOMMODATION ORDER OR FOR A NEW interim accommodation ORDER
Sections 268, 270
The Children's Court at [venue] on [date] made an interim accommodation order.
*for a new interim accommodation order.
The applicant must give notice of this application to the person who applied for the interim accommodation order and any other party to the proceeding in which that order was made and any person with whom the child is living.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 15 (Heading) substituted by S.R. No. 100/2022 rule 19.
Form 15 amended by S.R. No. 20/2024 rule 19.
Form 15—Application to vary an interim accommodation order or for a new interim accommodation order—interim accommodation order made under section 262(1)(c)
APPLICATION TO VARY AN INTERIM ACCOMMODATION ORDER OR FOR A NEW interim accommodation ORDER—Interim Accommodation Order made under section 262(1)(c)
Sections 268, 270
The Children's Court at [venue] on [date] made an interim accommodation order under section 262(1)(c) of the Act.
*for a new interim accommodation order.
The applicant must give notice of this application to the person who applied for the interim accommodation order and any other party to the proceeding in which that order was made and any person with whom the child is living.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 16 (Heading) substituted by S.R. No. 100/2022 rule 20.
Form 16 amended by S.R. No. 20/2024 rule 20.
Form 16—Notice of hearing—breach of an interim accommodation order
Notice of Hearing—Breach of an Interim Accommodation Order
The Children's Court at [venue] on [date] made an interim accommodation order.
Details of this notice
The interim accommodation order or any condition of the order has not been, or is not being complied with [give details].
Form 17 (Heading) substituted by S.R. No. 100/2022 rule 21.
Form 17 amended by S.R. No. 20/2024 rule 21.
Form 17—Notice of hearing—breach of an interim accommodation order made under section 262(1)(c)
Notice of Hearing—Breach of an Interim Accommodation Order made under section 262(1)(c)
The Children's Court at [venue] on [date] made an interim accommodation order under section 262(1)(c) of the Act.
Details of this notice
The interim accommodation order or any condition of the order has not been, or is not being complied with [give details].
Form 18 (Heading) substituted by S.R. No. 100/2022 rule 22.
Form 18 amended by S.R. No. 20/2024 rule 22.
Form 18—Undertaking—protective intervention
Undertaking—Protective Intervention
Sections 272, 273
*The Children's Court makes an order requiring an undertaking to be given by a person.
*The Children's Court grants an application to vary the current undertaking or the condition(s) of the current undertaking and the undertaking or condition(s) of the undertaking are varied.
[Name], ***the child/*the parent of the child/*the person with whom the child is living, gives the following undertaking— [set out details of undertaking].
This undertaking remains in force until [end date].
I consent to the making of this order and agree to comply with this undertaking.
*Child/*Parent/*Person with whom the child is living
Form 19 (Heading) substituted by S.R. No. 100/2022 rule 23.
Form 19 amended by S.R. No. 20/2024 rule 23.
Form 19—Undertaking—protection order
Undertaking—protection order
Sections 278, 279
*The Children's Court finds that the child is in need of protection. The Court makes an order requiring an undertaking to be given.
*The Children's Court finds that there is a substantial and irreconcilable difference between the person who has parental responsibility for the child and the child to such an extent that the care and control of the child are likely to be seriously disrupted. The Court makes an order requiring an undertaking to be given.
*The Children's Court grants an application to vary the current undertaking or the condition(s) of the current undertaking in respect of the child and the undertaking or condition/s of the undertaking are varied.
*The Children's Court grants an application to revoke the current protection order in respect of the child and makes an order requiring a person to give an undertaking.
*On an application for a care by Secretary order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist. The Court makes an order requiring an undertaking to be given.
*On an application for a long-term care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist. The Court makes an order requiring an undertaking to be given.
*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist. The Court makes an order requiring an undertaking to be given.
[Name], *the child/*the parent of the child/*the person with whom the child is living gives the following undertaking— [set out details of undertaking].
This undertaking remains in force until [end date].
I consent to the making of this order and agree to comply with this undertaking.
*Child/*Parent/*Person with whom the child is living
Form 20 (Heading) substituted by S.R. No. 100/2022 rule 24.
Form 20 amended by S.R. No. 20/2024 rule 24.
Form 20—Application to vary or revoke an undertaking
Application to vary or revoke an undertaking
Sections 273, 279
The Children's Court at [venue] on [date] made an order requiring the *child/*parent/*person with whom the child is living [specify] to give an undertaking pursuant to section *272/*278 of the Act.
*to vary the undertaking [specify the conditions to be varied].
*to revoke the undertaking.
*To the parent(s) or person with whom the child is living—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 21 (Heading) substituted by S.R. No. 100/2022 rule 25.
Form 21 amended by S.R. No. 20/2024 rule 25.
Form 21—Family preservation order
Family Preservation Order
Sections 280–282, 293–296, 298–301, 310, 318
*The Children's Court finds that there is a substantial and irreconcilable difference between the person who has parental responsibility for the child and the child to such an extent that the care and control of the child are likely to be seriously disrupted.
*The Children's Court grants an application to extend the current family preservation order in respect of the child.
*The Children's Court grants an application to vary the current family preservation order in respect of the child or any of its conditions.
*The Children's Court grants an application to revoke the current protection order and a family preservation order is made in respect of the child.
*The Children's Court grants an application to include condition(s) on the current family preservation order in respect of the child.
*On an application for a care by Secretary order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*On an application for a long-term care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*The Court orders that the child be placed on a family preservation order.
*The Court orders that the current family preservation order be extended.
*The Court orders that the current family preservation order be varied [set out details of the variation].
*The Court orders that the condition(s) of the current family preservation order be varied [set out details of the variation].
*The Court orders that the current family preservation order includes conditions.
This order remains in force *until [end date]/*until the current application to extend the order is determined by the Court/*until the current application for a care by Secretary order is determined by the Court/*until the current application for a long-term care order is determined by the Court/*until the current application for a permanent care order is determined by the Court.
The child is placed in the day to day care of the child's parent(s) [name(s)].
A family preservation order gives the Secretary responsibility for the supervision of the child but does not affect a person's parental responsibility for the child.
The following conditions apply to this family preservation order— [set out conditions]
[If the order remains in force for a period exceeding 12 months from (date)]—*The Court directs the Secretary to review the operation of this order before the end of the period of 12 months after the making of this order.
Following a review, the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that the order should end. The Secretary must notify the Court of such a determination and must notify the child (if the child is aged 10 years or older), the child's parent and the following person(s) [specify] if the order ends.
Form 22 (Heading) substituted by S.R. No. 100/2022 rule 26.
Form 22 amended by S.R. No. 20/2024 rule 26.
Form 22—Family reunification order
Family Reunification Order
Sections 287, 287A, 293–302, 310
*The Children's Court finds that there is a substantial and irreconcilable difference between the person who has parental responsibility for the child and the child to such an extent that the care and control of the child are likely to be seriously disrupted.
*The Children's Court grants an application to extend the current family reunification order in respect of the child.
*The Children's Court grants an application to vary the current family reunification order in respect of the child or any of its conditions.
*The Children's Court grants an application to revoke the current protection order and a family reunification order is made in respect of the child.
*On an application for a care by Secretary order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*On an application for a long-term care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*The Court orders that parental responsibility for the child and responsibility for the sole care of the child be conferred on the Secretary.
*The Court orders that the current family reunification order be extended.
*The Court orders that the current family reunification order be varied [set out details of the variation].
*The Court orders that the condition(s) of the current family reunification order be varied [set out details of the variation].
*This order is an interim variation pending the final determination of the application to vary the current family reunification order.
*This order remains in force *until [end date]/*until the current application to extend the order is determined by the Court/*until the current application for a care by Secretary order is determined by the Court/*until the current application for a long-term care order is determined by the Court/*until the current application for a permanent care order is determined by the Court.
The following conditions apply to this family reunification order [set out conditions]
The conferral of parental responsibility on the Secretary does not affect the parental responsibility of any other person for the child in relation to making decisions about major long term issues except as provided for under the Act or by an order of the Court—see section 287(2) of the Act.
While the order is in force, the Secretary may direct that a parent or parents of the child are to resume parental responsibility for the child to the exclusion of the Secretary. If the Secretary gives that direction, on and from the date of the direction, the order ceases to be a family reunification order for the purposes of the Act and—
(a) the Secretary ceases to have parental responsibility for the child; and
(b) the parent resumes parental responsibility for the child as specified in the direction; and
(c) the family reunification order is taken to be a family preservation order giving the Secretary responsibility for the supervision of the child and placing the child in the day to day care of the parent or parents who have parental responsibility for the child; and
(d) the conditions of the family reunification order continue to apply as conditions of the family preservation order.
See section 288A of the Act.
Form 23 (Heading) substituted by S.R. No. 100/2022 rule 27, amended by S.R. No. 20/2024 rule 27(1).
Form 23 amended by S.R. No. 20/2024 rule 27(2)–(7).
Form 23—Application for care by Secretary order
APPLICATION for care by Secretary Order
Section 289(1A)
*The Children's Court at [venue] on [date] made or last extended a [insert type of order] order (or a protection order subsequently taken to be such an order).
*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:
*pursuant to section 288A(1)(c) of the Act, the family reunification order has been taken to be a family preservation order.
*pursuant to section 289A(1)(c) of the Act, the care by Secretary order has been taken to be a family preservation order.
The *Secretary/*principal officer of an Aboriginal agency applies for a care by Secretary order.
**To the child—**You are not required to come to the hearing of this application unless you wish to do so.
**To the parent(s)—**You should come to the hearing of this application.
Form 24 (Heading) substituted by S.R. No. 100/2022 rule 28.
Form 24 amended by S.R. No. 20/2024 rule 28.
Form 24—Care by Secretary order
Care by secretary order
Sections 289, 293–298, 308, 310
*The Children's Court finds that there is a substantial and irreconcilable difference between the person who has parental responsibility for the child and the child to such an extent that the care and control of the child are likely to be seriously disrupted.
*The Children's Court grants an application to extend the current care by Secretary order in respect of the child.
*The Children's Court grants an application to revoke the current protection order and a care by Secretary order is made in respect of the child.
*The Children's Court grants an application for a care by Secretary order.
*On an application for a long-term care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*The Court orders that parental responsibility for the child be conferred on the Secretary to the exclusion of all other persons.
*The Court orders that the current care by Secretary order be extended.
*This order remains in force until [end date] but ceases to be in force when the child attains the age of 18 years or when the child marries, whichever happens first.
*The Court directs the Secretary to review the operation of this order before the end of the period of 12 months after the making of this order.
Following a review, the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that the order should end. The Secretary must notify the Court of such a determination and must notify the child (if the child is aged 10 years or older), the child's parent and the following person(s) [specify] if the order ends.
While the order is in force, the Secretary may direct that a parent or parents of the child are to resume parental responsibility for the child to the exclusion of the Secretary. If the Secretary gives that direction, on and from the date of the direction, the order ceases to be a care by Secretary order for the purposes of the Act and—
(a) the Secretary ceases to have parental responsibility for the child; and
(b) the parent resumes parental responsibility for the child as specified in the direction; and
(c) the care by Secretary order is taken to be a family preservation order giving the Secretary responsibility for the supervision of the child and placing the child in the day to day care of the parent or parents who have parental responsibility for the child; and
(d) the Secretary may apply to the Court to determine that the order is to include conditions.
See section 289A of the Act.
Form 25 (Heading) substituted by S.R. No. 100/2022 rule 29, amended by S.R. No. 20/2024 rule 29(1).
Form 25 amended by S.R. No. 20/2024 rule 29(2)–(7).
Form 25—Application for long-term care order
Application for
Long-term Care order
Section 290(1A)
*The Children's Court at [venue] on [date] made or last extended a [insert type of order] order (or a protection order subsequently taken to be such an order).
*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:
*pursuant to section 288A(1)(c) of the Act, the family reunification order has been taken to be a family preservation order.
*pursuant to section 289A(1)(c) of the Act, the care by Secretary order has been taken to be a family preservation order.
The *Secretary/*principal officer of an Aboriginal agency applies for a long-term care order.
To the child—You are not required to come to the hearing of this application unless you wish to do so.
Form 26 (Heading) substituted by S.R. No. 100/2022 rule 30.
Form 26 amended by S.R. No. 20/2024 rule 30.
Form 26—Long-term care order
Long-term care Order
Sections 290, 310
*The Children's Court finds that there is a substantial and irreconcilable difference between the person who has parental responsibility for the child and the child to such an extent that the care and control of the child are likely to be seriously disrupted.
*The Children's Court grants an application to revoke the current protection order and a long-term care order is made in respect of the child.
*On an application for a care by Secretary order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
*The Children's Court grants an application for a long-term care order.
*On an application for a permanent care order, the Children's Court decides not to make that order but is satisfied that the grounds for making a finding under section 274 of the Act still exist.
The Court is satisfied that—
(a) there is a person or persons available with whom the child will continue to live for the duration of the order; and
(b) the person or persons referred to in paragraph (a) will not consent to the making of a permanent care order; and
(c) the Secretary consents to the making of the order; and
(d) if the child is of or over the age of 10 years, the child does not oppose the making of the order; and
(e) the making of the order is in the best interests of the child.
The Court orders that parental responsibility for the child be conferred on the Secretary to the exclusion of all other persons.
This order remains in force until the child attains the age of 18 years or marries, whichever happens first.
The Court directs the Secretary to review the operation of this order before the end of each period of 12 months after the making of this order.
Following a review, the Secretary, with the agreement of the child (if the child is aged 10 years or older) and the child's parent, may determine that the order should end. The Secretary must notify the Court of such a determination and must notify the child (if the child is aged 10 years or older), the child's parent and the following person(s) [specify] if the order ends.
On— [date]
Form 27 (Heading) substituted by S.R. No. 100/2022 rule 31.
Form 27 amended by S.R. No. 20/2024 rule 31.
Form 27—Application for extension of a protection order
Application for Extension of a Protection Order
Sections 293, 294
*a family preservation order
*a family reunification order
*a care by Secretary order
(or a protection order subsequently taken to be such an order)
in respect of the child until [end date].
*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:
*the family reunification order has been taken to be a family preservation order.
*the care by Secretary order has been taken to be a family preservation order.
The *Secretary/*principal officer of an Aboriginal agency applies for an extension of—
*the family preservation order for a period of [insert period].
*the family reunification order until [insert date].
*the care by Secretary order.
Form 28 (Heading) substituted by S.R. No. 100/2022 rule 32.
Form 28 amended by S.R. No. 20/2024 rule 32.
Form 28—Application to vary or revoke a family preservation order or family reunification order
Application to Vary or revoke a Family preservation order or family reunification order
Sections 300, 304
a family preservation order
a family reunification order
a care by Secretary order
(or a protection order subsequently taken to be such an order)
in respect of the child.
*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:
the family reunification order has been taken to be a family preservation order.
the care by Secretary order has been taken to be a family preservation order.
*to vary the order [specify the variation sought]
*to revoke the order
The grounds for the application are—[set out grounds]
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 29 (Heading) substituted by S.R. No. 100/2022 rule 33.
Form 29 amended by S.R. No. 20/2024 rule 33.
Form 29—Application to vary a family reunification order without notice
Application to vary a family reunification order without notice
The Children's Court at [venue] on [date] made or last extended a family reunification order (or a protection order subsequently taken to be such an order) in respect of the child.
This application is to vary the conditions of a family reunification order without serving notice under section 277 of the Act.
[specify the variation sought]
The *Secretary/*principal officer of an Aboriginal agency is satisfied that—
(a) there has been an unexpected change in circumstances; and
(b) the application is necessary for the safety and wellbeing of the child.
The grounds for the application are—[set out grounds]
Form 30 (Heading) substituted by S.R. No. 100/2022 rule 34.
Form 30 amended by S.R. No. 20/2024 rule 34.
Form 30—Application to revoke a care by Secretary order
Application to revoke a care by Secretary order
The Children's Court at [venue] on [date] made or last extended a care by Secretary order (or an order subsequently taken to be such an order) in respect of the child.
This application is made on the grounds that—
*circumstances have changed since the making of the care by Secretary order and the applicant has asked the Secretary to review the case plan and the Secretary has either refused to review the case plan or has reviewed it in a way which the applicant finds unsatisfactory.
*[State any other grounds]
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 31 (Heading) substituted by S.R. No. 100/2022 rule 35.
Form 31 amended by S.R. No. 20/2024 rule 35.
Form 31—Application to revoke a long-term care order
Application to REvoke A long-term care order
The Children's Court at [venue] on [date] made a long-term care order (or a protection order subsequently taken to be such an order) in respect of the child.
This application is to revoke the order.
[If this application is made by a parent of the child and the order has been in force for more than 12 months]:
*I apply for leave pursuant to section 306(3) of the Act to make this application.
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 32 (Heading) substituted by S.R. No. 100/2022 rule 36.
Form 32 amended by S.R. No. 20/2024 rule 36.
Form 32—Application to include conditions in a family preservation order (where care by Secretary order taken to be family preservation order)
Application to include conditions in a family preservation order (where Care by secretary order taken to be family preservation order)
Section 289A(3)
The Children's Court at [venue] on [date] made a care by Secretary order. A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child and accordingly pursuant to section 289A(1)(c) of the Act, the care by Secretary order has been taken to be a family preservation order.
This application is to include conditions in the family preservation order.
[specify conditions sought]
To the parent(s)—You should come to the hearing of this application, unless the Court does not require you to attend. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 33 (Heading) substituted by S.R. No. 100/2022 rule 37.
Form 33 amended by S.R. No. 20/2024 rule 37.
Form 33—Application for permanent care order
Application for permanent care order
Name of parent 1—
*Name of parent [repeat for any other parents]—
Name of proposed carer 1—
*Name of proposed carer [repeat for any other proposed carers]—
Relationship of proposed carer(s) to child—
*Relative(s)— [specify]
*Foster parent(s)
*Other— [specify]
The applicant applies for a permanent care order in respect of the child.
A protection order *is/*is not in force in respect of the child. [If a protection order is in force, set out relevant details]
An application to revoke the protection order *has/*has not been made.
It *has/*has not been determined.
There *are/*are not current proceedings under the Family Law Act 1975 of the Commonwealth with respect to parental responsibility for the child, being a proceeding commenced by a person who is not a parent of the child, details of which are as follows— [set out details, including who commenced such proceedings]
To the parent(s) and proposed carer(s)—You should come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Form 34 (Heading) substituted by S.R. No. 100/2022 rule 38.
Form 34 amended by S.R. No. 20/2024 rule 38.
Form 34—Permanent care order
Permanent Care Order
Sections 319, 321
Name of parent 1—
*Name of parent [repeat for any other parents]—
*The Children's Court grants a permanent care application in respect of the child.
*The Children's Court grants an application to vary the condition(s) of the current permanent care order in respect of the child.
*The Court makes a permanent care order.
*The Court orders that the condition(s) of the current permanent care order be varied.
Parental responsibility for the child is conferred on—
*to the exclusion of all other persons.
*Parental responsibility for the child is conferred jointly on—[names and addresses]
The following conditions apply to this permanent care order—
[set out conditions]
Order made at— [venue]
Form 35 (Heading) substituted by S.R. No. 100/2022 rule 39.
Form 35 amended by S.R. No. 20/2024 rule 39.
Form 35—Application to vary or revoke a permanent care order
Application to vary or revoke a permanent care order
The Children's Court at [venue] on [date] made a permanent care order conferring parental responsibility for the child on [names of permanent care parents].
*to vary the permanent care order
*to revoke the permanent care order
The grounds for the application are—
The application is made by—
*a permanent care parent of the child.
*a sibling of the child [application to vary the order only].
*a parent who does not have parental responsibility for the child [must have leave of the Court to make the application: see Form 36].
*To the parent(s) and permanent care parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Details of the hearing of the application
Pursuant to section 326(1)(b) of the Act, an application made by a parent who does not have parental responsibility for the child to vary or revoke a permanent care order may only be made with the leave of the Court.
Under section 326(2A) of the Act, such an application must not be served on the child or the permanent care parents unless the leave of the Court has been granted.
Pursuant to section 326(1B) of the Act, an application to vary a permanent care order by a parent who does not have parental responsibility for the child made within 12 months of the making of the permanent care order may only be made on the basis that a contact condition in the order has not been complied with.
Form 36 (Heading) substituted by S.R. No. 100/2022 rule 40.
Form 36 amended by S.R. No. 20/2024 rule 40.
Form 36—Application for leave of the Court to make application to vary or revoke a permanent care order
Application for leave of the Court to make application to vary or revoke a permanent care order
I [name of applicant who is a parent who does not have parental responsibility for the child] apply for leave pursuant to section 326(1)(b) and (1C) of the Act to make an application to vary or revoke the permanent care order.
The Children's Court at [venue] on [date] made a permanent care order conferring parental responsibility for the child on [names of permanent care parents].
Details of the application for leave
This application is for leave to make an application—
*to vary the permanent care order.
*to revoke the permanent care order.
The grounds for the application for leave to apply are—
The applicant must come to the hearing of the application for leave.
The *Secretary/*principal officer of [name of Aboriginal agency] should come to the hearing of the application for leave.
*Details of the hearing of the application for leave
A hearing of the application for leave to make an application to vary or revoke the permanent care order will be held at [time and date] at the Children's Court at [venue name and address].
Pursuant to section 326(1)(b) of the Act, an application made by a parent who does not have parental responsibility for the child to vary or revoke a permanent care order may only be made with the leave of the Court.
Under section 326(2A) of the Act, an application to vary or revoke a permanent care order must not be served on the child or the permanent care parents unless the leave of the Court has been granted.
Pursuant to section 326(1B) of the Act, an application to vary a permanent care order by a parent who does not have parental responsibility for the child made within 12 months of the making of the permanent care order may only be made on the basis that a contact condition in the order has not been complied with.
Form 37 (Heading) substituted by S.R. No. 100/2022 rule 41.
Form 37 amended by S.R. No. 20/2024 rule 41.
Form 37—Notice of hearing—breach of family preservation order
Notice of hearing—Breach of Family Preservation order
*a family preservation order
*a family reunification order
*a care by Secretary order
(or a protection order subsequently taken to be such an order) in respect of the child.
*A direction was given on [date] that a parent or parents of the child resume parental responsibility for the child to the exclusion of the Secretary and accordingly:
*the family reunification order has been taken to be a family preservation order.
*the care by Secretary order has been taken to be a family preservation order.
Details of the notice
*There has been a failure to comply with a condition of the order—
[give details]
*There has been a failure to comply with a direction given under section 282(2) of the Act. Details of the failure are—
[set out relevant details]
*The child is living in conditions which are unsatisfactory in terms of the safety and wellbeing of the child. The unsatisfactory conditions are—
[give details]
***To the child—**You are not required to come to the hearing of this application unless you wish to do so.
**To the parent(s)—**You should come to the hearing of this application.
Form 38 (Heading) substituted by S.R. No. 100/2022 rule 42.
Form 38 amended by S.R. No. 20/2024 rule 42.
Form 38—Application to restrict access to a report
Application to restrict access to a report
Sections 556, 559, 566, 570
Details of the order for the report
The Children's Court at [venue] on [date] ordered the following report concerning the child named above to be submitted to the Court—
*protection report
*disposition report
*therapeutic treatment application report
*therapeutic treatment (placement) report
The report is to be considered at a hearing of the relevant application on [date].
I apply to the Court for an order restricting access by—
*the child who is the subject of the report
*the child's parent
*the following party to the proceeding— [insert name of party]
*any other person specified by the Court namely— [insert name of person specified]
I seek that access be restricted to—
*the whole report
*a part of the report [specify]
This application is based on the grounds that the information in the report or the part of the report may be prejudicial to the physical or mental health of the child or a parent of the child.
Form 39 (Heading) substituted by S.R. No. 100/2022 rule 43.
Form 39 amended by S.R. Nos 70/2023 rule 8, 20/2024 rule 43.
Form 39—Children's Court search warrant (emergency care)
break, enter and search any place where the child named or described in this warrant is suspected to be and place in emergency care the child named or described in this warrant;
AND
*if the warrant is issued under section 237 of the Act,
to bring the child to the *Secretary of the Department of Families, Fairness and Housing/*principal officer of [name of Aboriginal agency], to enable that person to exercise their powers under the temporary assessment order.
*if the warrant is issued under section 241, 243, 261, 313 or 314 of the Act, or is issued under section 268 or 270 of the Act and the child is not the subject of an interim accommodation order made under section 262(1)(c) of the Act,
the Court must hear an application for an interim accommodation order in respect of the child as soon as practicable and, in any event, within one working day after the child is placed in emergency care. Unless the Court hears an application for an interim accommodation order within 24 hours after the child was placed in emergency care, a bail justice must hear an application for an interim accommodation order in respect of the child as soon as possible within that period of 24 hours.
*release the child on an interim accommodation order of the type referred to in section 263(1)(a) or (b) of the Act in accordance with the endorsement below.
*if the warrant is issued under section 247 of the Act, or is issued under section 268 or 270 of the Act and the child is the subject of an interim accommodation order made under section 262(1)(c) of the Act, to
bring the child before the Court for the hearing of an application for an interim accommodation order as soon as practicable and, in any event, within one working day after the child was placed in emergency care. Unless the child is brought before the Court within 24 hours after the child was placed in emergency care, he or she must be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of an application for an interim accommodation order.
*release the child on an interim accommodation order of the type referred to in section 263(1)(a) or (b) of the Act in accordance with the endorsement below.
*if the warrant is issued under section 269 of the Act, and the child is not the subject of an interim accommodation order made under section 262(1)(c) of the Act,
the Court must hear an application under section 269(7) of the Act as soon as practicable and, in any event, within one working day after the child is placed in emergency care. Unless the Court hears the application within 24 hours after the child was placed in emergency care, a bail justice must hear the application as soon as possible within that period of 24 hours.
*release the child on an interim accommodation order of the type referred to in section 263(1)(a) or (b) of the Act in accordance with the endorsement below.
*if the warrant is issued under section 269 of the Act and the child is the subject of an interim accommodation order made under section 262(1)(c) of the Act, to
bring the child before the Court for the hearing of an application under section 269(7) of the Act as soon as practicable and, in any event, within one working day after the child was placed in emergency care. Unless the child is brought before the Court within 24 hours after the child was placed in emergency care, he or she must be brought before a bail justice as soon as possible within that period of 24 hours for the hearing of the application.
*release the child on an interim accommodation order of the type referred to in section 263(1)(a) or (b) of the Act in accordance with the endorsement below.
*if the warrant is issued under section 598(1)(a) of the Act, to bring the child before the Court as soon as practicable and, in any event, within one working day after the child was placed in emergency care.
*if the warrant is issued under section 598(1)(b) or (c) of the Act, the police officer who executed this warrant or another police officer must take the child to the place specified in this warrant or, if no place is specified, to a place determined by the *Secretary of the Department of Families, Fairness and Housing/*principal officer of [name of Aboriginal agency] or, in the absence of a determination, to a place referred to in section 173 of the Act.
Place specified— [insert details]
ENDORSEMENTS
*The child may be released on an interim accommodation order of the type referred to in *section 263(1)(a)/*section 263(1)(b) of the Act, and the further hearing of this matter will be held at the Children's Court at [venue] at [time and date].
*The child is to appear for the further hearing of this matter at the Children's Court.
THIS WARRANT MUST NOT BE COPIED
The application for this warrant was made by—
Issued at:
Form 40 (Heading) substituted by S.R. No. 100/2022 rule 44.
Form 40 amended by S.R. No. 20/2024 rule 44.
Form 40—Undertaking to appear or produce child—adjournment
Undertaking to appear or produce child—adjournment
Section 530(2)
The Children's Court at [venue] on [date] made an order requiring the following undertaking be given:
*I [name of child] of [address] undertake to appear before the Children's Court at [venue] on [date] at [time] for the resumption of the hearing of the proceeding.
*[Name] of [address] undertakes to produce the child named [child's name] before the Children's Court at [venue] on [date] at [time] for the resumption of the hearing of the proceeding.
*Child/*Parent
Form 41 (Heading) substituted by S.R. No. 100/2022 rule 45.
Form 41 substituted by S.R. No. 185/2018 rule 8, amended by S.R. No. 20/2024 rule 45.
Form 41—Witness summons to attend to give evidence
Rule 9(1)(a)
WITNESS SUMMONS TO ATTEND TO GIVE EVIDENCE
WITNESS SUMMONS TO ATTEND TO GIVE EVIDENCE
YOU ARE ORDERED to attend to give evidence: see below for details.
Failure to comply with this witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.
You should read all of the Notes set out at the end of this witness summons.
Details of witness summons
You are required by this witness summons to attend to give evidence and you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Subject to Note 2, you need not comply with the witness summons unless it is served on you a reasonable time before the date specified in the witness summons to attend to give evidence.
(b) by leaving a true copy of the witness summons for you at your last or most usual place of residence or business with a person who apparently resides or works there and who apparently is not less than 16 years of age.
If the witness summons is addressed to a corporation, the corporation must comply with the witness summons by its appropriate or proper officer.
Conduct money
You are excused from complying with the witness summons unless conduct money is given or tendered to you at the time of service of the witness summons or a reasonable time before the day on which your attendance is required.
However you are not entitled to conduct money if you will not reasonably incur any expenses in complying with the witness summons.
Applications in relation to witnesssummons
You have the right to apply to the Court for an order setting aside the witness summons (or a part of it) or for relief in respect of the witness summons.
Contempt of court
Failure to comply with a witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.
Form 41A (Heading) substituted by S.R. No. 100/2022 rule 46.
Form 41A inserted by S.R. No. 185/2018 rule 8, amended by S.R. Nos 3/2019 rule 8, 20/2024 rule 46.
Form 41A—Witness summons to produce
Rule 9(1)(b)
Witness summons TO PRODUCE
WITNESS SUMMONS TO PRODUCE
YOU ARE ORDERED to attend to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents: see below for details.
Failure to comply with this witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.
You should read all of the Notes set out in this witness summons. Also, you must complete the Declaration by Addressee (Witness Summons Recipient) set out at the end of this witness summons.
Details of witnesssummons
You must comply with this witness summons by attending to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents below—
(a) at the date, time and place specified for attendance and production; or
(b) by attending to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents below to the Court by electronic communication or at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not later than 2 clear business days before the first date specified for attendance and production.
Date, time and place at which to attend to produce the witness summons or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Address, or any address, to which the witness summons (or copy) and documents or things may be delivered or sent:
The Registry
Children's Court of Victoria at [insert address the proceeding is listed to be heard at].
SCHEDULE OF DOCUMENTS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
Subject to Note 2, you need not comply with the witness summons unless it is served on you a reasonable time before the date specified in the witness summons to attend to produce documents or things.
(b) by leaving a true copy of the witness summons for you at your last or most usual place of residence or business with a person who apparently resides or works there and who apparently is not less than 16 years of age.
If the witness summons is addressed to a corporation, the corporation must comply with the witness summons by its appropriate or proper officer.
Production of witness summons or copy of it and documents or things to the Court
Unless the Court or the registrar issuing the witness summons otherwise directs, instead of producing a document or thing required to be produced at the hearing, you may produce the document or thing, together with a copy of the witness summons, to the Court so that the document or thing is received not later than 2 clear business days before the first date specified in the witness summons for production.
Objection to inspection
If you object to a document or thing produced in response to this witness summons being inspected by a party to the proceeding or any other person, you must, before the return date specified in the witness summons, notify the registrar in writing of your objection and of the grounds of your objection.
Production of a number of documents or things
If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.
Production of copy instead of original
Unless the witness summons specifically requires you to produce an original, you may produce a copy of any document that the witness summons requires you to produce.
Electronic copies of documents can be provided by electronic communication or on a USB or CD‑ROM in any of the formats referred to in Note 9(b) below.
A copy of a document may be—
(b) in an electronic form in any of the following electronic formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
.tif—tagged image format; or
Applications in relation to witness summons
You have the right to apply to the Court for an order setting aside the witness summons (or a part of it) or for relief in respect of the witness summons.
Return of documents and things produced
Unless the Court otherwise orders, the registrar may return to you any document or thing produced in response to the witness summons.
Disposal of documents produced
After the conclusion of the proceeding, the registrar may cause to be destroyed all the documents produced by you in compliance with the witness summons which were declared by you to be copies.
If documents produced by you become exhibits in the proceedings, and have been declared to be copies by you, the registrar may cause those documents to be destroyed when they are no longer required in connection with the proceeding, including on any appeal.
Contempt of court—arrest
Failure to comply with a witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.
DECLARATION BY ADDRESSEE (WITNESS SUMMONS RECIPIENT)
You must complete the declaration below. The completed declaration must be included in the witness summons or in the copy of the witness summons when you produce the witness summons or the copy with the documents required by the witness summons.
If you declare that the material you produce is copies of documents, the registrar, without further notice to you, may destroy the copies after the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
[tick the relevant option below, provide your address as appropriate,
sign and date]
All copied documents
All of the material I am providing in compliance with this witness summons is copies of documents and—
□ I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me; or
□ once the copies are no longer required, they should be returned to me at the following address—
All or some original documents
□ All or some of the material I am providing in compliance with this witness summons is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[signature of addressee]
[name of addressee]
Form 41B (Heading) substituted by S.R. No. 100/2022 rule 47.
Form 41B inserted by S.R. No. 185/2018 rule 8, amended by S.R. Nos 3/2019 rule 9, 20/2024 rule 47.
Form 41B—Witness summons to produce and to attend to give evidence
Rule 9(1)(c)
Witness summons to produce and to attend to give evidence
WITNESS summons TO PRODUCE and to attend to give evidence
YOU ARE ORDERED both to attend to give evidence and to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents: see below for details.
Failure to comply with this witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.
You should read all of the Notes set out in this witness summons. Also, you must complete the Declaration by Addressee (Witness Summons Recipient) set out at the end of this witness summons.
Details of witness summons
In so far as you are required by this witness summons to attend to give evidence, you must attend as follows unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
In so far as you are required by this witness summons to produce the witness summons or a copy of it and documents or things, you must comply with this witness summons by attending to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents below—
(a) at the date, time and place specified for attendance and production; or
(b) by attending to produce this witness summons or a copy of it and the documents or things specified in the Schedule of documents below to the Court by electronic communication or at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not later than 2 clear business days before the first date specified for attendance and production.
Date, time and place at which to attend to produce the witness summons or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case, the later date or time is substituted:
Address, or any address, to which the witness summons (or copy) and documents or things may be delivered or sent:
The Registry
Children's Court of Victoria at [insert address the proceeding is listed to be heard at].
SCHEDULE OF DOCUMENTS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
Subject to Note 2, you need not comply with the witness summons unless it is served on you a reasonable time before the date specified in the witness summons to produce documents or things and to attend to give evidence.
(b) by leaving a true copy of the witness summons for you at your last or most usual place of residence or business with a person who apparently resides or works there and who apparently is not less than 16 years of age.
If the witness summons is addressed to a corporation, the corporation must comply with the witness summons by its appropriate or proper officer.
Conduct money
You are excused from complying with the witness summons unless conduct money is given or tendered to you at the time of service of the witness summons or a reasonable time before the day on which your attendance is required.
However you are not entitled to conduct money if you will not reasonably incur any expenses in complying with the witness summons.
Production of witness summons or copy of it and documents or things to the Court
Unless the Court or the registrar issuing the witness summons otherwise directs, instead of producing a document or thing required to be produced at the hearing, you may produce the document or thing, together with a copy of the witness summons, to the Court so that the document or thing is received not later than 2 clear business days before the first date specified in the witness summons for production.
Production of a document or thing to the Court in compliance with a witness summons to produce and to attend to give evidence does not remove the requirement on you to attend for the purpose of giving evidence.
Objection to inspection
If you object to a document or thing produced in response to this witness summons being inspected by a party to the proceeding or any other person, you must, before the return date specified in the witness summons, notify the registrar in writing of your objection and of the grounds of your objection.
Production of a number of documents or things
If you produce more than one document or thing, you must, if requested by the registrar, produce a list of the documents or things produced.
Production of copy instead of original
Unless the witness summons specifically requires you to produce an original, you may produce a copy of any document that the witness summons requires you to produce.
Electronic copies of documents can be provided by electronic communication or on a USB or CD‑ROM in any of the formats referred to in Note 12(b) below.
A copy of a document may be—
(b) in an electronic form in any of the following electronic formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
.tif—tagged image format; or
Applications in relation to witness summons
You have the right to apply to the Court for an order setting aside the witness summons (or a part of it) or for relief in respect of the witness summons.
Return of documents and things produced
13A. Unless the Court orders otherwise, the registrar may return to you any document or thing produced by you in response to the witness summons.
Disposal of documents produced
After the conclusion of the proceeding, the registrar may cause to be destroyed all the documents produced by you in compliance with the witness summons which were declared by you to be copies.
If documents produced by you become exhibits in the proceedings, and have been declared to be copies by you, the registrar may cause those documents to be destroyed when they are no longer required in connection with the proceeding, including on any appeal.
Contempt of court—arrest
Failure to comply with a witness summons without lawful excuse is a contempt of court and may be dealt with accordingly.
DECLARATION BY ADDRESSEE (WITNESS SUMMONS RECIPIENT)
You must complete the declaration below. The completed declaration must be included in the witness summons or in the copy of the witness summons when you produce the witness summons or the copy with the documents required by the witness summons.
If you declare that the material you produce is copies of documents, the registrar may, without further notice to you, destroy the copies after the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
[tick the relevant option below, provide your address as appropriate,
sign and date]
All copied documents
All of the material I am providing in compliance with this witness summons is copies of documents and—
□ I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me; or
□ once the copies are no longer required, they should be returned to me at the following address—
All or some original documents
□ All or some of the material I am providing in compliance with this witness summons is an original document. Once the material is no longer required, all of the material should be returned to me at the following address—
[signature of addressee]
[name of addressee]
Form 42 (Heading) substituted by S.R. No. 100/2022 rule 48.
Form 42 amended by S.R. No. 20/2024 rule 48.
Form 42—Application under section 534—publication of proceeding
Rule 10
Application under section 534—publication of proceeding
In the matter of an application by—
The applicant applies to the Children's Court for the following orders—
1 An order pursuant to section 534 of the Act that [insert name] be permitted to publish the following [list particulars].
*2 Such other or further orders as the Court sees fit.
Grounds for Application
The following grounds are relied on— [list grounds]
Form 43 inserted by S.R. No. 100/2022 rule 6.
Form 43—Affidavit of service
AFFIDAVIT OF SERVICE
Sections 593, 594 and 595
I, [full name] of [address], [occupation]
*make oath and say:
*affirm and say:
I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date] at [time] *a.m./*p.m. by:
*delivering it to the person personally at [address].
*leaving it for the person at [address], being that person's last known place of *residence/*business, with a person who apparently resided or worked there and who apparently was not less than 16 years of age.
*posting it by *prepaid ordinary post/*registered post in an envelope addressed to the person at [address of person served], being that person's last known place of *residence/*business. I obtained this address from [specify].
*delivering it to the person by electronic communication that was confirmed as having been received by the person: [describe means of electronic communication and electronic address to which electronic communication was sent].
*posting it by registered post, in an envelope addressed to the person's authorised legal representative, to the legal representative's place of business at [address of place of business].
*leaving it for the person at [address of place of business of person's authorised legal representative], being the place of business of the person's authorised legal representative, with a person who apparently worked there and who apparently was not less than 16 years of age.
*delivering it to the person's authorised legal representative personally, in an envelope addressed to that legal representative.
*delivering it to the person's authorised legal representative by electronic communication that was confirmed as having been received by the legal representative: [describe means of electronic communication and electronic address to which electronic communication was sent].
*other [specify].
[Repeat for any other persons served].
The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.
*Sworn/*Affirmed at [place] in the State of Victoria
[Signature of person swearing or affirming the affidavit contents, to be signed in the presence of the authorised affidavit taker]
Before me,
[Signature of authorised affidavit taker]
[Full name, statement of capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp]
A person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.
Form 44 inserted by S.R. No. 100/2022 rule 6.
Form 44—Declaration of service
DECLARATION OF SERVICE
Sections 593, 594 and 595
I, [full name] of [address], [occupation], declare that:
I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date] at [time] *a.m./*p.m. by:
*delivering it to the person personally at [address].
*leaving it for the person at [address], being that person's last known place of *residence/*business, with a person who apparently resided or worked there and who apparently was not less than 16 years of age.
*posting it by *prepaid ordinary post/*registered post in an envelope addressed to the person at [address of person served], being that person's last known place of *residence/*business. I obtained this address from [specify].
*delivering it to the person by electronic communication that was confirmed as having been received by the person: [describe means of electronic communication and electronic address to which electronic communication was sent].
*posting it by registered post, in an envelope addressed to the person's authorised legal representative, to the legal representative's place of business at [address of place of business].
*leaving it for the person at [address of place of business of person's authorised legal representative], being the place of business of the person's authorised legal representative, with a person who apparently worked there and who apparently was not less than 16 years of age.
*delivering it to the person's authorised legal representative personally, in an envelope addressed to that legal representative.
*delivering it to the person's authorised legal representative by electronic communication that was confirmed as having been received by the legal representative: [describe means of electronic communication and electronic address to which electronic communication was sent].
*other [specify].
[Repeat for any other persons served].
I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.
[Signature of person making this statutory declaration in the presence of the authorised statutory declaration witness]
Declared at [place] in the State of Victoria
I am an authorised statutory declaration witness and I sign this document in the presence of the person making the declaration:
[Signature of authorised statutory declaration witness]
[Full name, qualification as authorised statutory declaration witness and personal or professional address of authorised statutory declaration witness in legible writing, typing or stamp]
A person authorised under Part 4 of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.
Form 45 inserted by S.R. No. 20/2024 rule 49.
Form 45—General application
General Application
This application is made by [name] who is the [relationship to the child].
The applicant applies to— [specify nature of application]
*To the parent(s)—If you are not the applicant, you should still come to the hearing of this application. If you do not attend, the Court may proceed to hear and determine the application in your absence.
Dated: 12 April 2017
AMANDA J. CHAMBERS, President, Children's Court of Victoria
JENNIFER BOWLES, Magistrate, Children's Court of Victoria
KIM M. W. PARKINSON, Magistrate, Children's Court of Victoria
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Children, Youth and Families (Children's Court Family Division) Rules 2017, S.R. No. 20/2017 were made on 12 April 2017 by the President together with 2 magistrates for the Children's Court of Victoria jointly under section 588 of the Children, Youth and Families Act 2005, No. 96/2005 and came into operation on 18 April 2017: rule 3.
The Children, Youth and Families (Children's Court Family Division) Rules 2017 will sunset 10 years after the day of making on 12 April 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Children, Youth and Families (Children's Court Family Division) Rules 2017 by statutory rules, subordinate instruments and Acts.