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) The Magistrates' Court Act 1989 (except section 58 and Part 5) and the
regulations made under that Act apply with any necessary modifications, unless
the contrary intention appears in this Act or in any other Act, to the
Children's Court and the proceedings of any Division of 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 it applies to the Magistrates' Court and 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.