Version No. 002
Children and Young Persons (Children's Court) Regulations 2001
S.R. No. 88/2001
Version incorporating amendments as at 15 November 2005
table of provisions
Regulation Page
iii
Regulation Page
1. Objectives 1
2. Authorising provision 1
3. Revocation 1
4. Definition 1
5. Supply of information by registrars and police 2
6. Remand in custody—prescribed regions 2
7. Placement of child 2
8. Youth supervision orders 2
9. Prescribed forms 2
10. Application for time to pay fine, for instalment order or for variation of instalment order 2
11. Advice in other languages 3
12. Specified agencies under section 260B 3
13. Enforcement agencies 3
14. Continuing offence provision 4
15. Infringement notice 4
16. Penalty notice—prescribed offence 7
17. Courtesy letter costs 7
18. Courtesy letter—section 87 of the Road Safety Act1986 7
19. Courtesy letter—section 88 of the Road Safety Act1986 8
20. Minimum registrable amount 8
21. CAYPINS forms 9
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SCHEDULES 10
SCHEDULE 1—Regulations Revoked 10
SCHEDULE 2—Prescribed Regions of the State 11
SCHEDULE 3—Prescribed Regions of the State 12
SCHEDULE 4—Prescribed Regions of the State 13
SCHEDULE 5—Forms 15
Form 1—Order to Bring a Child Before the Court Prior to the Adjourned Date 15
Form 2—Children's Court Search Warrant (Safe Custody) 17
Form 3—Notice of Protection Application 19
Form 4—Irreconcilable Difference Application 23
Form 5—Interim Accommodation Order 25
Form 6—Statutory Declaration 28
Form 7—Notice of Application to Vary an Interim Accommodation Order or for a New Order 29
Form 8—Application to Revoke an Interim Accommodation Order 31
Form 9—Non-accountable Undertaking 33
Form 10—Accountable Undertaking 35
Form 11—Notice to Appear Before the Court—Criminal Division 37
Form 12—Good Behaviour Bond 39
Form 13—Probation Order 41
Form 14—Application to Vary or Revoke a Sentencing Order 43
Form 15—Youth Supervision Order 45
Form 16—Youth Attendance Order 47
Form 17—Warrant of Detention (Not for Unpaid Fines) 49
Form 18—Order to Bring a Person Before a Court or Coroner's Inquest 51
Form 19—Advice in Other Languages 53
Form 20—Revoked 53
Form 21—Witness Summons 54
Form 22—Warrant to Arrest 56
Form 23—Children's Court Remand Warrant 58
Form 24—Application for a Permanent Care Order 60
Form 25—Permanent Care Order 62
Form 26—Application to Vary or Revoke a Permanent Care Order 64
Form 27—Application to Restrict Access to a Protection Report 66
Form 28—Application to Vary or Revoke a Protection Order or Interim Protection Order 68
Form 29—Notice to Appear Before the Children's Court—Family Division 70
Form 30—Undertaking—Children's Court Family Division 72
Form 31—Supervision Order 73
Form 32—Custody to Third Party Order 75
Form 33—Supervised Custody Order 76
Form 34—Custody to Secretary Order 78
Form 35—Guardianship to Secretary Order 80
Form 36—Application for an Extension or Additional Extension
of a Custody to Secretary Order or a Guardianship to Secretary Order 82
Form 37—Application to Revoke a Guardianship to Secretary Order 84
Form 38—Interim Protection Order 86
SCHEDULE 6—Specified Agencies for the Purposes of Section260B
of the Act 88
SCHEDULE 7—Enforcement Agencies 90
SCHEDULE 8—CAYPINS Forms 92
Form 1—Infringement Penalty for Registration 92
Form 2—Certificate for Registration of Infringement Penalty 94
Form 3—Non-Registration of an Infringement Penalty 96
Form 4—Application for Order that Payment of Fine 97
Form 5—Notice of Enforcement Order 99
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endnotes 101
1. General Information 101
2. Table of Amendments 102
3. Explanatory Details 103
iii
Version No. 002
Children and Young Persons (Children's Court) Regulations 2001
S.R. No. 88/2001
Version incorporating amendments as at 15 November 2005
1
S.R. No. 88/2001
Children and Young Persons (Children's Court) Regulations 2001
1. Objectives
The objective of these Regulations is to prescribe—
(a) forms for use in the Children's Court; and
(b) the manner of supplying certain information for the purposes of section 35(2) of the Children and Young Persons Act 1989;
(c) regions for the purposes of sections 129(4)(b), 130 and 163(2)(a) of the Act; and
(d) various other matters required or authorised to be prescribed for the purposes of the Act.
2. Authorising provision
These Regulations are made under section 280 of the Children and Young Persons Act 1989.
3. Revocation
The Regulations listed in Schedule 1 are revoked.
4. Definition
In these Regulations, ''the Act" means the Children and Young Persons Act 1989.
5. Supply of information by registrars and police
r. 5
For the purposes of section 35(2) of the Act, the prescribed manner of supplying information to the Secretary or a probation officer nominated by the Secretary is personal service or electronic or facsimile transmission or orally or by post.
6. Remand in custody—prescribed regions
For the purposes of section 129(4)(b) of the Act, the municipal districts of the councils referred to in Schedule 2 are prescribed regions of the State.
7. Placement of child
(1) For the purposes of section 130 of the Act, the municipal districts of the councils referred to in Schedule 3 are prescribed regions of the State.
(2) For the purposes of section 130(1) of the Act, in those regions, a child may by order be placed in a police gaol if the period of remand is not more than 2 working days.
8. Youth supervision orders
For the purposes of section 163(2)(a) of the Act the municipal districts of the councils referred to in Schedule 4 are prescribed regions of the State.
Reg. 9 amendedby S.R. No. 139/2005 reg.6(1).
9. Prescribed forms
The forms to be used for or with respect to proceedings in the Court are set out in Schedule 5.
10. Application for time to pay fine, for instalment order or for variation of instalment order
An application under section 154 of the Act is made in the prescribed manner by the child notifying the appropriate registrar of the Court orally or in writing of the details of the application.
11. Advice in other languages
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(1) In a proceeding, a notice of advice in the form of Form 19 must be included with and served with any originating process served on a child or parent of a child and any process served on a witness.
Reg. 11(1A) insertedby S.R. No. 139/2005 reg.4.
(1A) A notice of advice in the form of Form19 must be included with and served with any document that is caused to be given or sent to a child by the registrar or the Court in accordance with—
(a) clause 6(1) of Schedule 2A to the Act; or
(b) clause 8(6) of Schedule 2A to the Act; or
(c) clause 9(3) of Schedule 2A to the Act.
(2) The notice must be printed in the English, Arabic, Cambodian, Chinese, Croation, Greek, Italian, Macedonian, Polish, Spanish, Turkish and Vietnamese languages.
(3) The notice forms part of any originating process or other process with which it is served.
Reg. 12 insertedby S.R. No. 139/2005 reg.5.
12. Specified agencies under section 260B
For the purposes of section 260B of the Act, a person or body listed in Schedule 6 is a specified agency.
Reg. 13 insertedby S.R. No. 139/2005 reg.5.
13. Enforcement agencies
For the purposes of paragraphs (c), (d) and(e) of the definition of "enforcement agency" in clause 2 of Schedule 2A to the Act, a person, body, class of person or body, administrative unit or group of people described or specified in Schedule 7 is prescribed as an enforcement agency in relation to an infringement notice or penalty notice under a relevant provision prescribed by regulation 15 or16 or an infringement penalty in such a notice.
Reg. 14 insertedby S.R. No. 139/2005 reg.5.
14. Continuing offence provision
For the purposes of the definition of "continuing offence provision" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a) section 50A of the Associations Incorporation Act 1981;
(b) section 28 of the Business Names Act 1962;
(c) section 1314 of the Corporations Act.
Reg. 15 insertedby S.R. No. 139/2005 reg.5.
15. Infringement notice
For the purposes of the definition of "infringement notice" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a) section 91 of the Conservation, Forests and Lands Act 1987;
(b) section 41E of the Country Fire Authority Act 1958;
(c) sections 23, 25, 26(1) and 36(2) of the Domestic Building Contracts Act 1995;
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(d) sections 10(1), 10(2), 20, 21, 24(1), 24(2), 25(1) and 27(1) of the Domestic (Feral and Nuisance) Animals Act 1994;
(e) section 166(1) of the Electoral Act 2002;
(f) sections 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83A(1), 83A(3), 83B(1), 104(3), 105(4), 114A(4), 115(1), 117(1) and 142(2) of the Electricity Safety Act 1998;
(g) regulation 9(3) and 9(6) of the Electricity Safety (Electric Line Clearance) Regulations 2005[1];
(h) regulation 19(2) of the Electricity Safety (Equipment) Regulations 1999[2];
(i) regulations 17(2), 20 and 21(3) of the Electricity Safety (Equipment Efficiency) Regulations 1999[3];
(j) regulations 208(2)(a), 208(2)(b), 208(3), 312, 313(2), 313(3), 314, 404(1), 409(2), 412(1), 413(1), 414(1), 414(2), 414(3), 438(1), 439, 440(1), 440(3), 441(1), 442(1), 443(1) and444 of the Electricity Safety (Installations) Regulations 1999[4];
(k) regulations 6(4), 8(1), 8(2)(a), 8(2)(b), 9(1), 9(2), 9(3), 9(4), 36(a), 36(b), 36(c)(i), 36(c)(ii), 36(d)(i), 36(d)(ii), 36(e), 38, 40(1), 41, 42(1), 42(2)(a), 42(2)(b), 43(1), 44, 46(1), 46(2)(a), 46(2)(b) and 46(2)(c) of the Electricity Safety (Network Assets) Regulations 1999[5];
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(l) regulations 18(1), 18(2), 21 and 30(b) of the Electricity Safety (Stray Current Corrosion) Regulations 1999[6];
(m) section 63B of the Environment Protection Act 1970;
(n) sections 40(2), 75(3), 87(5), 88, 97, 124(1), 124(2), 124(3) and 139 of the Firearms Act 1996;
(o) sections 71(1), 71(3), 71B, 72(1), 72(2), 79B and 79C(1) of the Gas Safety Act 1997;
(p) clause 5 of Schedule 5 to the Housing Act 1983;
(q) sections 29(1), 35, 36(2), 36(4), 38(1) and 38(2) of the Introduction Agents Act 1997;
(r) section 40 of the Local Government Act 1989;
(s) section 18 of the Major Events (Crowd Management) Act 2003;
(t) section 60 of the Marine Act 1988;
(u) section 92 of the Metropolitan Fire Brigades Act 1958;
(v) section 106 of the Mineral Resources Development Act 1990;
(w) sections 20(1), 25(2), 27(3), 31B(1), 34, 35(2), 41(2)(b), 42(2)(a), 42(2)(b), 42A(1), 44, 52(1) and 52(6) of the Motor Car Traders Act 1986 and regulations 23(1), 24(1) and 24(2) of the Motor Car Trader Regulations 1998[7];
(x) section 15A(2) of the Prevention of Cruelty to Animals Act 1986 and regulation 24(1) and (5) of the Prevention of Cruelty to Animals Regulations 1997[8];
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(y) sections 87 and 88 of the Road Safety Act 1986;
(z) section 18(1) of the Summary Offences Act 1966;
(za) section 38 of the Tobacco Act 1987;
(zb) sections 7(1), 8(1), 28(1) (for contravention of regulation 61(1) or63(1) of the Trade Measurement Regulations 1995[9] for an offence prescribed in Schedule 9 to those regulations), 28(2) (for a contravention of regulation 61(1) or 63(1) of the Trade Measurement Regulations 1995 for an offence prescribed in Schedule 9 to those regulations) of the Trade Measurement Act 1995 and regulations 22, 48(2) (for non-compliance with a direction under regulation 48(1)(d)), 51(1)(e), 51(1)(f), 51(3)(a), 51(3)(b), 51(3)(c) and 51(3)(d) of the Trade Measurement Regulations 1995;
(zc) section 212 of the Transport Act 1983.
Reg. 16 insertedby S.R. No. 139/2005 reg.5.
16. Penalty notice—prescribed offence
r. 16
For the purposes of the definitions of "penalty notice" and "prescribed offence" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a) section 50B of the Associations Incorporation Act 1981;
(b) section 28A of the Business Names Act 1962; and
(c) section 1313 of the Corporations Act.
Reg. 17 insertedby S.R. No. 139/2005 reg.5.
17. Courtesy letter costs
For the purposes of clause 3(2)(a) of Schedule 2A to the Act, the prescribed costs are 1×8 fee units.
Reg. 18 insertedby S.R. No. 139/2005 reg.5.
18. Courtesy letter—section 87 of the Road Safety Act1986
(1) This regulation applies to a courtesy letter in relation to an infringement notice that was served in accordance with section 87 of the Road Safety Act 1986 where the person served was, at the time of the alleged offence, the owner of the vehicle within the meaning of Part 7 of that Act.
(2) For the purposes of clause 3(4) of Schedule2A to the Act, the following information is prescribed in respect of a courtesy letter to which this regulation applies—
''If you were not in charge of the motor vehicle at the time of the offence, you will not be guilty if, within 28 days after service of this letter, you give to the informant a sworn statement in writing or a statutory declaration setting out the name and address of the person who was in charge of the motor vehicle at the relevant time.''.
Reg. 19 insertedby S.R. No. 139/2005 reg.5.
19. Courtesy letter—section 88 of the Road Safety Act1986
r. 19
(1) This regulation applies to a courtesy letter in relation to an infringement notice that was served in accordance with section 88 of the Road Safety Act 1986 in respect of an infringement detected by a detection device prescribed for the purposes of section 66 of that Act where the person served was, at the time of the alleged offence, the owner of the motor vehicle within the meaning of section66 of that Act.
(2) For the purposes of clause 3(4) of Schedule2A to the Act, the following information is prescribed in respect of a courtesy letter to which this regulation applies—
''If you were not driving the motor vehicle at the time of the offence, you will not be guilty if, within 28 days after service of this letter, you give to the informant a sworn statement in writing or in a statutory declaration setting out the name and address of the person who was driving the motor vehicle at the relevant time.''.
Reg. 20 insertedby S.R. No. 139/2005 reg.5.
20. Minimum registrable amount
The amount specified for the purposes of clause5(4) of Schedule 2A to the Act is $10.00.
Reg. 21 insertedby S.R. No. 139/2005 reg.5.
21. CAYPINS forms
r. 21
(1) For the purposes of clause 5(1)(a) of Schedule 2A to the Act, a document must be in the form of and contain the details required by Form 1 of Schedule8.