Youth Justice Act 2024

The Children's Court, at short notice, may re-list a criminal proceeding adjourned under this Part because a therapeutic treatment order was made if—

the therapeutic treatment order is revoked; and

the Court considers it appropriate to re-list the proceeding.

The Children's Court may re-list a proceeding under subsection (1)—

on the application of the DFFH Secretary; or

on its own motion.

Notice of an application under subsection (2) must be given to—

the Children's Court; and

the prosecutor; and

the child.

On the adjourned hearing date, the Children's Court must consider—

the report of the DFFH Secretary under section 186(1)(b); and

submissions made by or on behalf of the child and the prosecutor in relation to the matters in the report.

The Children's Court must discharge the child without any further hearing of the criminal proceeding if the Court is satisfied that the child has attended and participated in the therapeutic treatment program under the therapeutic treatment order.

For the purposes of subsection (5), the Children's Court must have regard to the following—

the child's attendance record;

the nature and extent of the child's participation;

whether or not the child's participation was to the satisfaction of the therapeutic treatment provider;

the opinion of the therapeutic treatment provider as to the effectiveness of the treatment.

If the child is not discharged under subsection (5), the Children's Court may determine what (if any) further proceedings in respect of the child are appropriate.