Victorian Consolidated Legislation

Children, Youth and Families Act 2005 - SECT 528

PART 7.4 POWERS

Court to have powers of Magistrates' Court

528. Court to have powers of Magistrates' Court



(1) The Court has and may exercise in relation to all matters over which it
has jurisdiction all the powers and authorities that the Magistrates' Court
has in relation to the matters over which it has jurisdiction.

(2) Unless the contrary intention appears in this Act or any other Act-

   (a)  the Magistrates' Court Act 1989 (except section 58 and Part 5); and

   (b)  the Criminal Procedure Act 2009 in relation to proceedings in the
        Magistrates' Court (other than notice to appear and appeals); and

   (c)  subject to any rules of court made under this Act, the regulations and
        rules of court made under those Acts-

apply with any necessary modifications to the Children's Court and proceedings
in the Court and, without limiting the application of section 419, to the
issue of process in the same manner and to the same extent as they apply to
the Magistrates' Court, the proceedings of that Court and the issue of
process.

(3) In punishing a person for a contempt of court under section 133 or 134 of
the Magistrates' Court Act 1989 (as applied by subsection (2) of this section)
the Court must not order that a person under the age of 18 years be committed
to prison but instead be committed to-

   (a)  in the case of a child of or above the age of 15 years, a youth
        justice centre; or

   (b)  in the case of a child under the age of 15 years, a youth residential
        centre.