Childrens Court Act 1992

This Act may be cited as the Childrens Court Act 1992.

s 2 om 28 November 1995 RA s 37

In this Act—

appellate court...

Childrens Court judge means a District Court judge appointed to the Childrens Court.

Childrens Court magistrate means a magistrate appointed to the Childrens Court.

child’s community...

community justice group...

court means the Childrens Court.

first-time offender...

interested person...

judge means a Childrens Court judge.

non-youth justice matter...

president means the president of the Childrens Court.

procedure includes practice.

relevant person...

rules means the Childrens Court Rules.

youth justice matter...

The Childrens Court of Queensland is established.

The court is a court of record.

The court is to have a seal, which must be judicially noticed.

The members of the Childrens Court are the judicial officers mentioned in subsections (2) and (3).

If an Act expressly requires the Childrens Court to be constituted by a Childrens Court judge, the court must be constituted by either of the following—

a Childrens Court judge;

if a Childrens Court judge is not available—a District Court judge.

Examples of when a Childrens Court judge is not available—

1 A child is committed to be tried or sentenced before a Childrens Court judge at a place where the Childrens Court sits only a few times in a year. At the time the child would ordinarily be dealt with at the place, there is no Childrens Court judge available, but a District Court judge is available. The District Court judge may constitute the Childrens Court and deal with the child.

2 A child is due to be tried or sentenced before a Childrens Court judge. A Childrens Court judge is present at the place and at the time but, in the judge’s capacity as a District Court judge, is needed for the jurisdiction of the District Court. Another District Court judge is available. The other District Court judge may constitute the Childrens Court and deal with the child.

If the Childrens Court is not required to be constituted by a Childrens Court judge, it may be constituted by—

a Childrens Court magistrate; or

if a Childrens Court magistrate is not available—any magistrate; or

if neither a Childrens Court magistrate nor other magistrate is available—2 justices of the peace.

Subsection (3)(c) does not affect the limitations placed on justices of the peace under the Justices of the Peace and Commissioners for Declarations Act 1991 or another Act.

In this section—

available means available having regard to the orderly and expeditious exercise of the jurisdiction of the District Court and Childrens Court.

The Childrens Court has the jurisdiction conferred on it by any Act.

The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act.

The procedure of the Childrens Court is governed by the Childrens Court Rules.

The Governor in Council may, with the president’s agreement, make rules of court (the Childrens Court Rules) under this Act.

A rule may make provision about any matter—

that is required or permitted to be prescribed under a law giving jurisdiction to the Childrens Court; or

that is necessary or convenient to be prescribed for carrying out or giving effect to a law giving jurisdiction to the Childrens Court.

In particular, a rule may make provision about the procedure of the Childrens Court, including the matters that may be dealt with in chambers or by a court official.

To the extent that any matter relating to Childrens Court procedure is not provided for by the rules, the matter may be dealt with by directions under this section.

The president may issue directions of general application with respect to the procedure of the court.

A Childrens Court judge may issue directions in relation to a particular case before the court when constituted by the judge.

After consulting with the president, the chief magistrate may issue directions of general application with respect to the procedure of the court when constituted by a Childrens Court magistrate, magistrate or justices.

A Childrens Court magistrate, a magistrate or justices may issue directions in relation to a particular case before the court when constituted by the Childrens Court magistrate, the magistrate or justices, as the case may be.

The president has the function of ensuring the orderly and expeditious exercise of the jurisdiction of the court when constituted by a Childrens Court judge.

The chief magistrate has the function of ensuring the orderly and expeditious exercise of the jurisdiction of the court when constituted by a Childrens Court magistrate, magistrate or justices.

There is to be a president of the court.

The Governor in Council may appoint a Childrens Court judge to be the president of the court.

The president may resign office by written resignation given to the Governor.

The resignation does not affect the appointment or powers of the president as a Childrens Court judge.

If—

the office of president is vacant; or

the president is on leave or otherwise absent or is, for another reason, unable to perform all the ordinary functions of the president’s office;

the Governor in Council may, on the recommendation of the Attorney-General, appoint a Childrens Court judge to be the acting president.

The president has the function given by section 8A(1) and the other functions conferred on the president by this Act or any other Act.

The Governor in Council may, on the recommendation of the Attorney-General, appoint 1 or more District Court judges as Childrens Court judges.

In choosing a District Court judge to be recommended as a Childrens Court judge, the Attorney-General must have regard to the appointee’s particular interest and expertise in jurisdiction over matters relating to children.

The appointment of a person as a Childrens Court judge does not affect the person’s appointment as a District Court judge or the person’s powers as a District Court judge.