Other Jurisdictions

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Catchwords: APPEAL - Children's Court of Victoria - Interim accommodation order - Whether in best interest of child to remain with mother - Whether unacceptable risk of harm to child - Unacceptable risk not made out - Whether COVID-19 pandemic creates unacceptable risk to child's best interests if child does not remain with mother - Child to remain with mother - Children, Youth and Families Act 2005 (Vic) ss 8, 10, 271, 276.

Catchwords: Applicant child charged with a Category A serious youth offence of aggravated home invasion for which he was refused a summary hearing and determination in the Children’s Court pursuant to s. 356(6) of the Children, Youth and Families Act 2005 (CYFA) - Applicant now seeks an order pursuant to s.168 (1) of the Criminal Procedure Act 2009 (CPA) for the transfer of the charge to the Children’s Court – Onus on applicant under s. 168A(1) to show there is a substantial and compelling reason why the charge should be heard and determined summarily – In determining whether the threshold test is satisfied the Court must, under s. 168A(2), have regard to the intention of Parliament that a charge for a category A serious youth offence should not normally be heard and determined summarily – Application of the Charter of Human Rights and Responsibilities Act 2006 – Application for transfer refused.

Catchwords: COURTS – Appeal from decision of Children’s Court Magistrate in respect of condition to vaccinate children imposed in the best interests of the child as part of interim accommodation order pursuant to s 263(7) of the Children Youth and Families Act 2005 – Whether decision beyond power or otherwise misconceived nature and scope of power – Whether power extends to making decisions with significant long-term consequences for child – Appeal dismissed. HUMAN RIGHTS – Best interests of the child – Charter of Human Rights and Responsibilities Act 2006 considered. STATUTORY INTERPREATION – Meaning of ‘any condition’ for the purpose of s 263(7) of the Children Youth and Families Act 2005.