Variations and revocations
Follow this procedure when making an application to the Children’s Court for a variation or revocation of an order.
Document ID number 1205, version 2, 1 March 2016.
This procedure relates to applications to:
- vary an interim accommodation order
- vary or revoke a therapeutic treatment order or a therapeutic treatment (placement) order
- vary or revoke a protection order.
Note that the Secretary has no power to apply to vary or revoke a temporary assessment order. This procedure only applies if a temporary assessment order was made without notice to the child and parent, and the child or parent applies for variation or revocation of the order.
Case practitioner tasks
- Seek advice from the Child Protection Litigation Office (CPLO) or divisional solicitor about the application.
- Refer the case to the Therapeutic Treatment Board if the application is for revocation of a therapeutic treatment order or a therapeutic treatment (placement) order and criminal proceedings were adjourned pending the outcome.
- Complete the relevant application form in CRIS (or offline where necessary) – see Court owned forms.
- File the application form at the court registry and obtain a hearing date.
- Form 15: Application to vary an interim accommodation order or for a new order
- Form 28: Application to vary or revoke a protection order
- Form 29: Application to revoke a care by Secretary order
- Form 30: Application to revoke a long-term care order
- Form 33: Application to vary or revoke a permanent care order
- Form 8: Application to vary or revoke a therapeutic treatment order and/or therapeutic treatment (placement) order.
- If you are seeking the revocation of a protection order to obtain a different protection order, you may need to lodge Form 27: Application for extension of a protection order concurrently with Form 28: Application to vary or revoke a protection order (see Court owned forms). If you do not lodge the extension application prior to the expiry date, the current order may lapse prior to the making of the new order. A lapsed order cannot be reinstated.
- Serve copies of the issued application form as soon as possible on the child (12 years or older), the child’s parents and any party to the proceeding. See Service of documents.
- Reasonable effort (at minimum a check of last known address or enquiries with family members) must be made to locate and serve a party whose location is unknown.
- You may apply to court for an order to dispense with service if a party cannot be located after reasonable efforts have been made to discover his or her location, or there are exceptional circumstances. See Dispensation of service.
- Provide the family with information about how to contact Victoria Legal Aid for legal advice.
- Arrange an appointment with Victoria Legal Aid for each child aged 10 years or older, so that the child can give instructions to their lawyer and avoid the need to attend court to give instructions.
- Complete Form 21: Affidavit of service. This must be filed with the court before the hearing date otherwise the application will not be listed. See Affidavits and statutory declarations.
- Fax the application form and Form 21 to the CPLO or divisional solicitor as early as possible before the hearing date.
- Prepare a court report
- Consult your supervisor and if necessary CPLO solicitor or divisional solicitor about the information that should be included in the report.
- Include the endorsed case plan.
- Obtain supervisor or team manager endorsement for outcomes and court conditions.
- Check the CRIS alert screen and ensure the report does not include confidential information such as undisclosed addresses and reporter details.
- Where possible, seek the child and parents’ feedback on the report.
- Deliver all reports to the court three clear business days before the hearing. Non-court ordered reports authored by other professionals cannot be distributed without the prior consent of the author and the approval of a supervisor.
- Fax all reports to the CPLO solicitor or divisional solicitor.
- Fax the reports to the lawyers acting for the child, the child’s parents and any other parties to the proceeding.
- Give a copy of the report to the child (12 years or older), the child’s parent or a party to the proceeding.
An application report is not always required for a temporary assessment order application – seek advice from the CPLO or divisional solicitor.
- Before the hearing, obtain consent in writing if the child’s parents or a party to the proceeding:
- are not legally represented
- have been served with a copy of the report, including the conditions sought by the department on the order
- cannot attend court, and they consent to the application after being given the opportunity to seek legal advice.
- Seek legal advice from the CPLO or divisional solicitor before the hearing date.
- Speak to the parent or party to the proceedings about a gaol order to allow the parent or party to attend court if the parent or party is in gaol. See Gaol order.
- Contact the court to arrange security if there are worker safety issues.
- Complete CRIS requirements including court screen and record of activity, decisions and rationales.
- Provide ongoing supervision and consultation.
- Endorse and approve the court report.
Team manager tasks
- Endorse the court report.