Part 2 Parental responsibility
6 Guiding principles for courts
(1) In considering how a child should be dealt with under this Part, a court is to have regard to whether the taking of the action under consideration is in the best interests of the child.(2) Without limiting the matters that the court may take into account for the purposes of subsection (1), the court is to consider:(a) the nature of the relationship of the child with the child’s parent or parents, and(b) the attitude to the child, and to the responsibilities of parenthood, demonstrated by the child’s parent or parents, and(c) the welfare, status and circumstances of the child and of the child’s parent or parents.
7 Attendance of parents at proceedings
A court exercising criminal jurisdiction with respect to a child may require the attendance, at the place where the proceedings are being or are to be conducted, of one or more parents of the child. The court may specify which parents are to attend.
(1) A court that finds a child guilty of an offence may, instead of dealing with the child in any other way permitted by law, release the child on condition that the child give an undertaking:(a) to submit to parental or other supervision as ordered by the court, or(b) to participate in a specified program, or to attend a specified activity centre, or(c) to reside with a parent or other person, as directed by the court, or(d) to do such other thing as may be specified by the court.(2) If it appears to a court that a child has failed to comply with an undertaking given by the child under this section, the court may direct that the child, and one or more parents of the child, be served with a notice to appear before the court at a specified time and place. The court may specify which parents are to attend.(3) If the court is satisfied that the child has failed to comply with the undertaking concerned, the court:(a) may cancel the undertaking, or(b) may continue or vary the undertaking, but must not extend the period of the undertaking.(4) If the court cancels the undertaking, the court:(a) may release the child, or(b) may impose any penalty that it could have imposed, or exercise any other function that it could have exercised, on finding the child guilty of the offence concerned.
(1) A court that finds a child guilty of an offence may, instead of dealing with the child in any other way permitted by law, release the child on condition:(a) that one or more parents of the child give an undertaking with or without conditions to do or refrain from doing the act or acts specified in the undertaking for a period not exceeding 6 months, or in exceptional circumstances 12 months, but in no case extending beyond the child’s eighteenth birthday, or(b) that one or more parents of the child give a supplementary undertaking to the court:(i) to guarantee the child’s compliance with any undertaking given under section 8, and(ii) to take specified action to assist the child’s development and to guard against the commission by the child of any further offences, and(iii) to report at intervals stated in the supplementary undertaking on the child’s progress, or(c) that one or more parents of the child give security (whether by deposit of money or otherwise) for the good behaviour of the child for a period not exceeding 6 months, or in exceptional circumstances 12 months, but in no case extending beyond the child’s eighteenth birthday.(2) No security is to be required from a parent under this section unless the parent has been required to attend before the court and has had an opportunity to be heard.(3) A court must not take any action against a child for the failure of a parent of the child to comply with an undertaking under this section.(4) Such part of any security required under this section as the court may determine is to be forfeited to the Crown if the person giving it fails to fulfil the obligation to ensure the child is of good behaviour.(5) The court may specify which parent or parents are subject to any condition imposed under subsection (1).
A court may require a child that it finds guilty of an offence and the child’s parent or parents to undergo such specified counselling as the court considers would be beneficial in assisting the progress of the child.
11 Parents contributing to children’s offences
(1) A parent who, by wilful default, has contributed directly or in a material respect to the commission of an offence of which the child has been found guilty, is guilty of an offence.Maximum penalty: 10 penalty units.
(2) The court may require a parent convicted of an offence under subsection (1) to undergo counselling or do such other things that would in the opinion of the court advance the welfare and best interests of the child instead of, or in addition to, imposing a penalty.
(1) Rules of court may be made for or with respect to the attendance of parents and children required under this Act to attend a place and undertakings required to be given under this Part.(2) (Repealed)(3) Without affecting the generality of subsection (1), the provisions of Parts 3 and 4 of Chapter 4 of the Criminal Procedure Act 1986 relating to warrants and subpoenas for the attendance of witnesses in proceedings before the Local Court for offences punishable on summary conviction apply to the attendance of any person required under this Act to attend (before the Local Court or the Children’s Court) at a place in the same way as those provisions apply to the attendance of witnesses in proceedings for such offences.(4) A court may exercise all or any one or more of the functions under sections 7, 8, 9 and 10 in any particular matter.