Youth Justice Act 2024

The Children's Court must adjourn the hearing of any of the following proceedings to enable a child who is not legally represented to obtain legal representation—

a hearing in relation to the criminal responsibility of a child;

a hearing under the Bail Act 1977, including the following—

a hearing in which the informant or prosecutor or any person appearing on behalf of the Crown intends to oppose the grant of bail;

a hearing under section 24 of the Bail Act 1977;

a proceeding or an investigation into the fitness of a child to stand trial under Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;

a proceeding under Part 4A of the Sex Offenders Registration Act 2004;

the hearing of a charge for an offence punishable, in the case of an adult, by imprisonment;

a review of a monetary penalty imposed by the Children's Court in respect of an offence punishable, in the case of an adult, by imprisonment;

a proceeding in respect of—

varying a youth control order to make the order more restrictive; or

revoking a youth control order;

an application in respect of a contravention of a good behaviour order, community service order, probation order, youth supervision and support order or youth control order imposed by the Children's Court in respect of an offence punishable, in the case of an adult, by imprisonment.

The Children's Court must not resume a hearing adjourned under this section unless—

the child is legally represented; or

the Court is satisfied that the child has had a reasonable opportunity to obtain legal representation and has failed to do so.

Any process served on a child requiring the child to attend the Children's Court in a proceeding referred to in subsection (1) must contain or be accompanied by a notice—

setting out the circumstances in which a child is required to be legally represented; and

stating the desirability of obtaining legal representation; and

explaining how legal representation may be obtained.