Australian Capital Territory Consolidated Acts

COURT PROCEDURES ACT 2004 - SECT 74K

    (1)     If, when hearing an indictment against a child or young person, the court is satisfied that the child or young person is in need of care and protection, the court may—

        (a)     dismiss the indictment; or

        (b)     adjourn the proceeding for up to 15 days.

Note     Indictment includes information (see Legislation Act, dict, pt 1).

    (2)     If a court acts under subsection (1), the court must, as soon as practicable but not later than 2 working days after the day it acts, give a statement of the reasons for the action to—

        (a)     the chief executive; and

        (b)     the public advocate.

    (3)     The statement of reasons must contain the following information about the proceeding:

        (a)     if the proceeding has been adjourned—the reason the proceeding was adjourned;

        (b)     the circumstances the court is aware of that led to the child or young person coming before the court;

        (c)     the factors that satisfied the court that the child or young person is in need of care and protection.

    (4)     The chief executive must treat a statement of reasons given to the chief executive under subsection (2) as if it were a report made under the Children and Young People Act 2008 , section 356 (Offence—mandatory reporting of abuse).