Western Australian Consolidated Acts

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YOUNG OFFENDERS ACT 1994 - SECT 45

45 .         Responsible adult may be required to attend court

        (1)         In proceedings against a young person for an offence, the court is to enquire into the reason if a responsible adult is not present and, unless the court considers that — 

            (a)         there is a valid reason to excuse attendance of a responsible adult; or

            (b)         it is not reasonable to delay proceedings for the attendance of a responsible adult,

                the court, by order served personally on or sent by post to the address of a person who is a responsible adult, or any one or more of such persons, is to require the person to attend during all stages of the proceedings, whether or not from time to time adjourned, unless subsequently excused from further attendance by the court.

        (2)         An order is not to be made under subsection (1) requiring an exempt responsible adult to attend court.

        (3)         If a person who the court is satisfied has been served in accordance with subsection (1) with an order requiring the person to attend court fails to appear before the court in accordance with the order, the court may issue a warrant to apprehend the person and bring the person before the court.

        (4)         The court may, if it considers it expedient and just to do so, proceed with the hearing and determination of the matter despite the absence of a responsible adult.

        (5)         If the court proceeds with the hearing and determination of the matter in the absence of a responsible adult, the court is to do what it reasonably can to ensure that a responsible adult is given notice in writing — 

            (a)         of the charge, or each charge, laid alleging the commission of an offence;

            (b)         of any finding, order or decision made by the court in the proceedings; and

            (c)         of any other information that the court considers appropriate.



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