Children’s Court Rule 2000

This Rule is the Children’s Court Rule 2000.

This Rule commences on 18 December 2000.

In this Rule—

assessment order means an order under Division 6 of Part 1 of Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998.

assessment report means a report required to be made under Division 6 of Part 1 of Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998.

care application has the same meaning as in section 60 of the Children and Young Persons (Care and Protection) Act 1998.

care order has the same meaning as in section 60 of the Children and Young Persons (Care and Protection) Act 1998.

care proceedings means proceedings before the Court in the exercise of its jurisdiction under the Children and Young Persons (Care and Protection) Act 1998.

child means a person who is under the age of 16 years.

Children’s Court Advisory Committee means the Children’s Court Advisory Committee established under Part 9.

Children’s Court Clinic means the Children’s Court Clinic established under Part 8.

Children’s Registrar means a person employed as a Children’s Registrar as referred to in section 10A of the Act.

coversheet, for Part 4A—see clause 15A(1).

criminal proceedings means proceedings before the Court in the exercise of its jurisdiction under the Children (Criminal Proceedings) Act 1987.

Director of the Children’s Court Clinic means the person holding office as such under Chapter 9 of the Health Services Act 1997.

dispute resolution conference means a dispute resolution conference arranged and conducted by a Children’s Registrar under section 65 of the Children and Young Persons (Care and Protection) Act 1998.

ECM system, for Part 4A—see clause 15A(1).

eSubpoena, for Part 4A—see clause 15A(1).

JusticeLink, for Part 4A—see clause 15A(1).

Online Registry, for Part 4A—see clause 15A(1).

proceedings means proceedings before the Court.

registered user, for Part 4A—see clause 15A(1).

Registrar means a Registrar of the Children’s Court (other than a Children’s Registrar), as referred to in section 11 of the Act.

the Act means the Children’s Court Act 1987.

upload, for Part 4A—see clause 15A(1).

young person means a person who is aged 16 years or above but who is under the age of 18 years.

In this Rule—

a reference to the Registry is to be read, in a case where proceedings have been instituted, as a reference to the Registry of the Court at the place in which the proceedings have been instituted, and

a reference to the Registrar is to be read, in a case where proceedings have been instituted, as a reference to the Registrar of the Registry in which the proceedings have been instituted.

In this Rule, a reference to a numbered Form is a reference to the Form of that number set out in Schedule 1.

The explanatory note, table of contents and notes in the text of this Rule do not form part of this Rule.

The general practice and procedure of the Court set out in this Rule applies to all proceedings commenced before the Court, unless otherwise specified.

However, any practice or procedure set out in this Rule in relation to proceedings that is inconsistent with—

the Act under which the Court has jurisdiction to hear the proceedings, or

any regulation made under that Act,

does not apply to the extent of the inconsistency.

The Court may, on any terms and conditions that the Court considers appropriate, waive any of the requirements of this Rule in respect of the practice and procedure to be followed in connection with any proceedings before the Court or in connection with any aspect of any proceedings before the Court.

Compliance may be waived before or after the occasion for compliance arises.

The Court may, on any terms or conditions that the Court considers appropriate, extend or shorten any time fixed by this Rule, or by any judgment, decision or order of the Court, for doing, or refraining from doing, any act or thing in relation to proceedings.

Time may be extended under this clause before or after the time expires, whether an application for the extension is made before or after the time expires.

The seal of the Court is to have the wording “The Children’s Court of New South Wales”.

Each Registrar is to have custody of a seal.

Each document (including any accompanying copy) that is issued out of the Court is to be sealed with the seal of the Court.

Proceedings before the Court are to be heard at the place where the proceedings were instituted, unless the Court, or the Registrar of the Registry where the proceedings were instituted, otherwise directs.

Subject to section 19 of the Act, and clause 5 of Schedule 2 to the Act—

the Court may sit at the places and the times that the Court determines, and

the Court must sit at the places and times that the President directs, and

the President may, with the concurrence of the Chief Magistrate, make arrangements for a Children’s Magistrate to exercise the jurisdiction of the Children’s Court at the premises of a Local Court.

The President may direct that particular sittings of the Court will deal with care proceedings only or with criminal proceedings only.

The Court may delegate to a Registrar the exercise of any of the functions conferred on the Court by this Rule, other than this power of delegation.