PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 184 Rules of court and practice directions for Children's Court

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 184

    (1)     The President of the Children's Court together with 2 or more magistrates of the court may jointly make rules for or with respect to proceedings in the court in relation to applications and orders made under this Act.

    (2)     Without limiting subsection (1), rules may be made for or with respect to the following matters—

        (a)     the proper venue for proceedings under this Act, including the transfer of proceedings between court venues;

        (b)     the right of parties to appear personally or to be represented by a legal practitioner;

S. 184(2)(ba) inserted by No. 33/2018 s. 77(1).

        (ba)     processes and procedures for making and filing applications under this Act, including, but not limited to—

              (i)     making and filing applications by electronic communication; and

              (ii)     providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;

        (c)     the amendment of applications;

        (d)     the striking out or dismissal by the court of matters;

        (e)     the adjournment of proceedings by the court and the power to stay orders;

        (f)     access to records and documents held by the court;

S. 184(2)(fa) inserted by No. 77/2014 s. 27(2).

        (fa)     forms, notices and written explanations;

        (g)     extracts from records and documents held by the court and certification of those extracts;

        (h)     mediation assessments and mediations.

    (3)     Rules made under subsection (1) may adopt or apply rules made for the Magistrates' Court under section 183.

S. 184(4) amended by No. 33/2018 s. 77(2).

    (4)     To remove any doubt, it is declared that the power of the President of the Children's Court to issue practice directions, statements or notes for the court under section 592 of the Children, Youth and Families Act 2005 in relation to proceedings in the Family Division or the Criminal Division, or any class of proceedings in the Family Division or Criminal Division, includes power to issue practice directions, statements or notes for the court in relation to proceedings, or any class of proceedings, with respect to applications or orders made under this Act, including, but not limited to, making and filing applications by electronic communication.

    (5)     A practice direction, statement or note issued with respect to proceedings, or any class of proceedings, with respect to applications or orders under this Act is taken to have been issued under section 592(1) of the Children, Youth and Families Act 2005 .

S. 184A inserted by No. 1/2022 s. 121.