(1) The President has the following functions:(a) to administer the Court,(b) to arrange sittings of the Court,(c) to convene, at least once every 6 months, a meeting of Children’s Magistrates and such other persons as the President thinks fit,(d) to confer regularly with community groups and social agencies on matters involving children and the Court,(e) to provide judicial leadership to the Court,(f) to develop recommendations for rules,(g) to oversee the training of Children’s Magistrates and prospective Children’s Magistrates in accordance with the rules.(2) The President may also exercise any of the functions that are conferred or imposed on a Children’s Magistrate under this or any other Act.(3) The President may require specified functions of Children’s Magistrates to be exercised by specified Children’s Magistrates or Children’s Magistrates of a specified class, and any Children’s Magistrate of whom a requirement is made under this subsection must comply with the requirement.(4) The President may delegate to a Children’s Magistrate any of the President’s functions under this section, other than this power of delegation.
(1) The President shall submit to the Attorney General, at such times and in respect of such periods as the Attorney General directs, reports on the activities of the Court.(2) A report shall deal with such matters as the Attorney General directs and with such other matters as the President considers appropriate to include in the report.
(1) Sittings of the Court shall be held:(a) in a building or room approved for that purpose by the Attorney General, or(b) if, in the opinion of the Court in a particular case, it is expedient that a sitting of the Court be held in some other building or room, in that other building or room.(2) If a room used or occupied by another court is approved under this section, sittings of the Court shall not be held in the room while the ordinary business of that other court is being transacted.
If it appears to the Court that any matter within the jurisdiction of the Court can be more conveniently or fairly heard at a sitting of the Court at some other place, the Court may:(a) adjourn the hearing of the matter, whether any party appears or not,(b) remand any person charged before it to a sitting of the Court at some other place specified by it, and(c) appoint a day for the hearing.
(1) A person shall not commit contempt in the face of the Court.Maximum penalty: 10 penalty units or imprisonment for 14 days.
(2) Proceedings for contempt shall be dealt with summarily before the Children’s Court.(3) For the purpose of dealing with proceedings for contempt by a person in respect of whom the Children’s Court would not, but for this subsection, have jurisdiction, the Children’s Court:(a) shall have, and may exercise, the jurisdiction of a Local Court, and(b) shall not have, and may not exercise, the jurisdiction of the Children’s Court,as regards that person.
22 Judicial notice of signatures
Judicial notice shall be taken of the signatures of:(a) the President,(b) a Children’s Magistrate,(c) (Repealed)(d) a Children’s Registrar or other Registrar of the Court,where appearing on a document issuing out of the Court.
22A Appeals in relation to decisions of Presidential Children’s Court
(1) In this section:appeal includes the referral of any matter.
decision includes any order or judgment.
Presidential Children’s Court means the Children’s Court constituted by the President.
(2) An appeal to the District Court under any Act or other law in relation to a decision of the Presidential Children’s Court is, despite the provisions of that Act or law, taken to be an appeal to the Supreme Court.(3) Subsection (2) has effect only to the extent provided by the regulations.(4) For the purposes of subsection (2), the provisions of any Act or law relating to appeals are subject to such modifications as may be prescribed by the regulations.(5) The Governor may make regulations for the purposes of this section.
(1) The Governor may make rules, not inconsistent with this Act or the Children and Young Persons (Care and Protection) Act 1998, for or with respect to any matter that by this Act or the Children and Young Persons (Care and Protection) Act 1998 is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act or the Children and Young Persons (Care and Protection) Act 1998 and, in particular, for or with respect to:(a) the practice and procedure of the Court, and(b) courses of training to be attended by Children’s Magistrates and persons proposed to be appointed as Children’s Magistrates.(2) A provision of a rule may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.
(1) Subject to the rules, the President may issue practice notes in relation to any matter with respect to which rules may be made.(2) A practice note issued under this section:(a) must be published in the Gazette, and(b) takes effect on the day on which it is published in the Gazette or, if a later day or days are specified in the practice note for that purpose, on the later day or days so specified.(3) A practice note issued under this section may be amended or repealed by a further practice note issued under this section.(4) Subject to subsection (5), sections 40 and 41 of the Interpretation Act 1987 apply to a practice note issued under this section in the same way as they apply to a statutory rule.(5) For the purpose of applying section 40 of the Interpretation Act 1987 to a practice note issued under this section, a reference in that section to the publication of a statutory rule is to be read as a reference to the publication of the practice note as provided by subsection (2).
23B Court may give directions in circumstances not covered by rules or practice notes
(1) In relation to particular proceedings, the Court may, in respect of any matter for which the rules or practice notes do not make provision, give directions that the Court considers appropriate in connection with the practice and procedure to be followed in relation to that matter.(2) Any such direction has no effect to the extent that it is inconsistent with any provision of the Children and Young Persons (Care and Protection) Act 1998 relating to proceedings before the Court.(3) Anything done in accordance with a direction under this section (including the commencing of proceedings and the taking of any step in proceedings) is taken to have been validly done.
24 Savings and transitional provisions
Schedule 2 has effect.