CHILDREN'S COURT ACT 1987 - SCHEDULE 2

CHILDREN'S COURT ACT 1987 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 24)

Part 1 - Preliminary

1 Saving and transitional regulations

(1) The Governor may make regulations, not inconsistent with this Act, containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Children and Young Persons (Care and Protection) Act 1998

Children and Young Persons Legislation (Repeal and Amendment) Act 1998

Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 , to the extent that it amends this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of Children and Young Persons Legislation (Repeal and Amendment) Act 1998

2 Definitions

In this Part,
"the amending Act" means the Children and Young Persons Legislation (Repeal and Amendment) Act 1998 .

3 Children's Magistrates

A person holding the office of Children's Magistrate immediately before the repeal and re-enactment of section 7 (2) by the amending Act may be reappointed to that office for one further term if the person is qualified under that subsection as in force immediately before its repeal and re-enactment.

4 Authorised Magistrates

(1) Despite the repeal of section 10 (2) by the amending Act, the Governor may, by proclamation published in the Gazette, revoke a proclamation under section 10 (1).

(2) The provisions of this Act relating to authorised Magistrates continue to apply (as if they had not been repealed by the amending Act) to and in respect of each place specified in a proclamation under section 10 (1) (being a proclamation that had not been revoked before the repeal of section 10) until such time as the proclamation is revoked under subclause (1).

5 Venue

(1) Sittings of the Court may be held in the Court House:

(a) at any place at which sittings of the Local Court are held for the time being under section 22 of the Local Court Act 2007 , or

(b) at any of the places specified in the Schedule to the proclamation under section 10 published in the Gazette on 27 November 1992 at page 8552.

(2) Each Court House referred to in subclause (1) is taken to be a building approved under section 19 (1) (a). The Attorney General may, by notice published in the Gazette, revoke an approval under that section.

Part 3 - Provisions consequent on enactment of Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009

6 Definition

In this Part:


"amending Act" means the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 .

7 Provisions relating to abolished office of Senior Children's Magistrate

(1) In accordance with section 56 (2) of the Constitution Act 1902 , the person who, immediately before the repeal of section 8 of this Act by the amending Act, held office as Senior Children's Magistrate is entitled (without loss of remuneration) to hold office as a Magistrate or Children's Magistrate for the remainder of the term for which the person was appointed as Senior Children's Magistrate.

(2) A reference to the Senior Children's Magistrate in any other Act (other than the Constitution Act 1902 ) or statutory instrument is to be construed as a reference to the President.

8 Provisions relating to Children's Court Clinic

The regulations made under clause 1 (1) may make provision for or with respect to:

(a) transferring the staff of the Children's Court Clinic, and

(b) requiring references to the Children's Court Clinic in this or any other Act or statutory instrument, or any other instrument, or any contract or agreement, to be construed as a reference,

Part 4 - Provision consequent on enactment of Courts and Crimes Legislation Amendment Act 2009

9 Authorised Magistrates

(1) Anything done before the commencement of this clause by an authorised Magistrate in the purported exercise of jurisdiction conferred by the proclamation referred to in clause 4 in accordance with the directions of the President or Chief Magistrate and which would have been validly done had section 13 (c) and (2) (as inserted by the amending Act) been in force when it was done is validated.

(2) In this clause:


"amending Act" means the Courts and Crimes Legislation Amendment Act 2009 .