Victorian Numbered Acts

CHILDREN, YOUTH AND FAMILIES AMENDMENT (PERMANENT CARE AND OTHER MATTERS) ACT 2014 (NO. 61 OF 2014) - SECT 172

After section 175 of the Principal Act insert —

        " 175A     Secretary may specify certain issues

    (1)     The Secretary may specify issues relating to a child in out of home care about which a person who has care of the child may be authorised to make decisions.

Example

The Secretary may specify issues including but not limited to—

    •     the signing of school consent forms; or

    •     obtaining routine medical care for the child; or

    •     the day to day treatment of a child who suffers from a chronic or serious health condition.

    (2)     The Secretary must not specify an issue under subsection (1) that is a major long-term issue in relation to a child who is subject to an interim accommodation order, interim protection order, supervised custody order or custody to Secretary order.

    (3)     The issues specified by the Secretary under this section may be specified in relation to—

        (a)     a particular child; or

        (b)     a child subject to a particular type of order; or

        (c)     a person who provides a certain category of care under this Act.

        175B     Authorisation of carer to make certain decisions

    (1)     This section applies if a child is placed in out of home care in accordance with—

        (a)     an interim accommodation order; or

        (b)     a protection order.

    (2)     The Secretary or the person in charge of an out of home care service may authorise a person who has care of the child to make decisions in relation to the child on the issues specified by the Secretary under section 175A.

    (3)     A person who is authorised under subsection (2) may make a decision in relation to the child on a specified issue, when the child is under that person's care, without consulting the Secretary about that issue.".

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