The Children's Court of Victoria has no jurisdiction, express or implied, to determine fitness to plead under either the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) or the Children, Youth and Families Act 2005 (Vic). Where fitness to plead arises in the Children's Court, the matter must proceed by way of committal. Section 356 of the CYAF Act assumes that a child is fit to plead and does not confer jurisdiction to determine that question.
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