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 3, 23 October 2023.

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 - Events forms.
  • Case access to the relevant child/children will be required to generate and lodge documentation in the CMS Portal. See CMS Portal – procedure for more information.
  • Generate the relevant application form in the CMS Portal
  • Arranging security for worker safety issues, a video link for incarcerated parties or an interpreter for culturally or linguistically diverse parties is done within the CMS Portal and will prompt the court to make necessary arrangements.
  • Select a hearing date and submit the application via the CMS Portal.
  • If you are seeking the revocation of a protection order to obtain a different protection order, you may need to complete Form 27: Application for extension of a protection order concurrently with Form 28: Application to vary or revoke a protection order. If you do not generate 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.     
  • Download the issued application form from the CMS Portal and serve copies 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 through the CMS Portal for an order to dispense with service if a party cannot be located after reasonable efforts have been made to discover their location, or there are exceptional circumstances. See Dispensation of service.
  • Arrange an appointment with Victoria Legal Aid lawyer 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 Affidavits of service. This must be filed with the court via the CMS Portal before the hearing date. See Affidavits and statutory declarations.
  • Always ensure CPLO is notified of an application as soon as possible, as CPLO DO NOT receive notifications via the CMS Portal. This should include an email to the local CPLO with: 
    • The court reference number (if available) 
    • Client name 
    • Application type 
    • Hearing location, date, and time 
    • Withheld addresses and safety concerns. 
  • 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.
    • Submit all reports to the court via the CMS Portal 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. 
    • Email a copy of the report to CPLO, the lawyers representing the child, the child’s parents, or a party 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.
  • Complete CRIS requirements including court screen and record of activity, decisions and rationales.

Supervisor tasks

  • Provide ongoing supervision and consultation.
  • Endorse and approve the court report.

Team manager tasks

  • Endorse the court report.