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CHILDREN'S COURT OF WESTERN AUSTRALIA ACT 1988

CHILDREN'S COURT OF WESTERN AUSTRALIA ACT 1988


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Application of certain Acts
            
   5A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

   PART 2 -- Children’s Court of Western Australia

           Division 1 -- Establishment and constitution  

   5.      Establishment of Court
            
   6.      Constitution of Court
            
   6A.     Protection of judicial officers

           Division 2 -- Judges and magistrates  

   7.      Appointment, terms, conditions etc. of judges
            
   8.      Tenure of office
            
   8A.     Absence etc. of President
            
   9.      Acting judge
            
   10.     Appointment of magistrates
            
   11.     Work of magistrates appointed to both Magistrates Court and Children’s Court
            
   12.     Oath or affirmation of office
            
   12A.    President may assign duties to magistrates

           Division 3 -- Sittings of the Court  

   13.     Where and when Court operates
            
   14.     Power to sit in chambers
            
   15.     Police officers to attend Court

           Division 4 -- Officers of the Court  

   16.     Appointment of registrars etc.
            
   17.     Duties of registrar
            
   18.     Power of registrars to administer oaths etc.

   PART 3 -- Jurisdiction of the Court  

   19.     Criminal jurisdiction as regards children
            
   19A.    Application of sections 19B to 19E
            
           19B. Jurisdiction and procedure for charges of indictable offences
            
   19C.    Court may transfer charge to Magistrates Court where child and adult charged with same offence
            
   19D.    Court may transfer charge to Magistrates Court where accused has turned
            
   19E.    Procedure for charges of Commonwealth indictable offences
            
   19F.    Rules
            
   20.      Non-criminal jurisdiction as regards children
            
   21.     Limitations on exercise of certain jurisdiction
            
   22.     President may extend powers of magistrate
            
   23.     Court may require attendance of parent or guardian
            
   27.     Certain orders may be set aside
            
   28.     Court may re-hear proceedings
            
   29.     Witnesses and contempt
            
   30.     Transfer of complaint to court of competent jurisdiction

   PART 4 -- Procedure of the Court  

   31.     Exclusion of persons from hearing
            
   33.     CEOs or officers may take part in proceedings
            
   34.     Court must explain proceedings
            
   35.     Restrictions on reports of proceedings
            
   36.     Disclosure of convictions, orders etc. restricted
            
   36AA.   Disclosure for certain research purposes
            
   36A.    Supreme Court may allow publication etc.
            
   37.     Practice and procedure
            
   38.     Rules of court
            
   39.     Mode of enforcing orders by Court
            
   39A.    Judgments, enforcement of

   PART 5 -- Review and appeal  

   40.     Review by President of certain sentences
            
   41.     Appeals against decisions of magistrates etc.
            
   42.     Appeal against certain other orders
            
   42A.    Appeals from judges’ decisions in criminal matters
            
   43.     Appeals to Court of Appeal

   PART 7 -- Miscellaneous  

   51.     Forms of proceedings
            
   51A.    Court’s records, access to
            
   52.     Regulations
            
   53.      Fees, regulations may prescribe

   PART 8 -- Transitional provisions for Courts Legislation Amendment (Magistrates) Act 2022  

   54.     Magistrates performing Children’s Court functions before commencement of Courts Legislation Amendment (Magistrates) Act 2022
           SCHEDULE 1 -- Oath and affirmation of office