Controlled Substances Act 1984

Subject to this section, the Court must not make an order under this Part unless the Court is satisfied that the child is assisted or represented in the proceedings by a family member or advocate.

However, the Court may make an order under this Part in the absence of the child, or representation for the child, if—

the Court is satisfied that the order should be made as a matter of urgency; or

the child was required by summons to appear at the hearing and failed to appear at the time and place appointed for the purpose;

or

the Court is satisfied that the child has made an informed and independent decision not to be present or not to be represented (and that the child is capable of understanding the nature and possible consequences of the proceedings).

If the Court is making the order in accordance with subsection (2)(a), the Court must make an interim order and summon the child to appear before the Court at a hearing to show cause why the order should not be confirmed as a final order.

The Court may make an order under this section on the basis of evidence received in the form of an affidavit but, in that case—

the deponent must, if the child (or the person representing the child) so requires, appear personally at the proceedings for confirmation of the order to give oral evidence of the matters referred to in the affidavit;

and

if the deponent does not so appear, the Court may not rely on the evidence contained in the affidavit for the purpose of confirming the order.

The Court may from time to time, without requiring the attendance of any party, adjourn the hearing to which a child is summoned to a later date if satisfied that the summons has not been served or that there is other adequate reason for the adjournment.

The date fixed in the first instance for the hearing to which the child is summoned must be within 7 days of the date of the order.

The date fixed for an adjourned hearing must be within

7 days of the date on which the adjournment is ordered unless the Court is satisfied that—

a later date is required to enable the summons to be served;

or

there is other adequate reason for fixing a later date.

An interim order made under this section—

continues in force until the conclusion of the hearing to which the child is summoned or, if the hearing is adjourned, until the conclusion of the adjourned hearing; but

will not be effective after the conclusion of the hearing to which the child is summoned or the adjourned hearing unless the Court confirms the order as a final order—

on the failure of the child to appear at the hearing in obedience to the summons; or

having considered any evidence given by or on behalf of the child;

or

with the consent of the child (or the person representing the child).

The Court may confirm an order as a final order in an amended form.

If a hearing is adjourned, the Court need not be constituted at the adjourned hearing of the same judicial officer as constituted the Court when it ordered the adjournment.