Childrens Court Act 1992

An Act to establish the Childrens Court of Queensland and for related purposes

1Short title

This Act may be cited as the Childrens Court Act 1992.

3Definitions

In this Act—

appellate court ...

s 3 def appellate court ins 1997 No. 38 s 5

om 1999 No. 10 s 205 sch 3

Childrens Court judge means a District Court judge appointed to the Childrens Court.

Childrens Court magistrate means a magistrate appointed to the Childrens Court.

child’s community ...

s 3 def child’s community ins 2014 No. 9 s 28

om 2016 No. 39 s 3

community justice group ...

s 3 def community justice group ins 2014 No. 9 s 28

om 2016 No. 39 s 3

court means the Childrens Court.

first-time offender ...

s 3 def first-time offender ins 2014 No. 9 s 28

om 2016 No. 39 s 3

interested person ...

s 3 def interested person ins 2014 No. 9 s 28

om 2016 No. 39 s 3

judge means a Childrens Court judge.

non-youth justice matter ...

s 3 def non-youth justice matter ins 2014 No. 9 s 28

om 2016 No. 39 s 3

president means the president of the Childrens Court.

procedure includes practice.

relevant person ...

s 3 def relevant person ins 2014 No. 9 s 28

om 2016 No. 39 s 3

rules means the Childrens Court Rules.

youth justice matter ...

s 3 def youth justice matter ins 2014 No. 9 s 28

om 2016 No. 39 s 3

4Childrens Court established etc.

(1)The Childrens Court of Queensland is established.

(2)The court is a court of record.

(3)The court is to have a seal, which must be judicially noticed.

5Members and constitution of the Childrens Court

(1)The members of the Childrens Court are the judicial officers mentioned in subsections (2) and (3).

(2)If an Act expressly requires the Childrens Court to be constituted by a Childrens Court judge, the court must be constituted by either of the following—

(a)a Childrens Court judge;

(b)if a Childrens Court judge is not available—a District Court judge.

Examples of when a Childrens Court judge is not available—

1A child is committed to be tried or sentenced before a Childrens Court judge at a place where the Childrens Court sits only a few times in a year. At the time the child would ordinarily be dealt with at the place, there is no Childrens Court judge available, but a District Court judge is available. The District Court judge may constitute the Childrens Court and deal with the child.

2A child is due to be tried or sentenced before a Childrens Court judge. A Childrens Court judge is present at the place and at the time but, in the judge’s capacity as a District Court judge, is needed for the jurisdiction of the District Court. Another District Court judge is available. The other District Court judge may constitute the Childrens Court and deal with the child.

(3)If the Childrens Court is not required to be constituted by a Childrens Court judge, it may be constituted by—

(a)a Childrens Court magistrate; or

(b)if a Childrens Court magistrate is not available—any magistrate; or

(c)if neither a Childrens Court magistrate nor other magistrate is available—2 justices of the peace.

(4)Subsection (3)(c) does not affect the limitations placed on justices of the peace under the Justices of the Peace and Commissioners for Declarations Act 1991 or another Act.

(5)In this section—

available means available having regard to the orderly and expeditious exercise of the jurisdiction of the District Court and Childrens Court.

s 5 amd 2002 No. 39 s 137; 2008 No. 59 s 5 sch

6Jurisdiction

(1)The Childrens Court has the jurisdiction conferred on it by any Act.

(2)The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act.

s 6 amd 2003 No. 57s 39(1) sch 2

7Rules of court

(1)The procedure of the Childrens Court is governed by the Childrens Court Rules.

(2)The Governor in Council may, with the president’s agreement, make rules of court (the Childrens Court Rules) under this Act.

(3)A rule may make provision about any matter—

(a)that is required or permitted to be prescribed under a law giving jurisdiction to the Childrens Court; or

(b)that is necessary or convenient to be prescribed for carrying out or giving effect to a law giving jurisdiction to the Childrens Court.

(4)In particular, a rule may make provision about the procedure of the Childrens Court, including the matters that may be dealt with in chambers or by a court official.

s 7 amd 1995 No. 57 s 4sch 1

8Directions

(1)To the extent that any matter relating to Childrens Court procedure is not provided for by the rules, the matter may be dealt with by directions under this section.

(2)The president may issue directions of general application with respect to the procedure of the court.

(3)A Childrens Court judge may issue directions in relation to a particular case before the court when constituted by the judge.

(4)After consulting with the president, the chief magistrate may issue directions of general application with respect to the procedure of the court when constituted by a Childrens Court magistrate, magistrate or justices.

(5)A Childrens Court magistrate, a magistrate or justices may issue directions in relation to a particular case before the court when constituted by the Childrens Court magistrate, the magistrate or justices, as the case may be.

s 8 amd 2008 No. 59 s 5 sch; 2014 No. 28 s 42

8ALeadership of the court

(1)The president has the function of ensuring the orderly and expeditious exercise of the jurisdiction of the court when constituted by a Childrens Court judge.

(2)The chief magistrate has the function of ensuring the orderly and expeditious exercise of the jurisdiction of the court when constituted by a Childrens Court magistrate, magistrate or justices.

s 8A ins 2014 No. 28 s 43

9Childrens Court president

(1)There is to be a president of the court.

(2)The Governor in Council may appoint a Childrens Court judge to be the president of the court.

(3)The president may resign office by written resignation given to the Governor.

(4)The resignation does not affect the appointment or powers of the president as a Childrens Court judge.

(5)If—

(a)the office of president is vacant; or

(b)the president is on leave or otherwise absent or is, for another reason, unable to perform all the ordinary functions of the president’s office;

the Governor in Council may, on the recommendation of the Attorney-General, appoint a Childrens Court judge to be the acting president.

10Functions of president

The president has the function given by section 8A(1) and the other functions conferred on the president by this Act or any other Act.

s 10 sub 2014 No. 28 s 44

11Childrens Court judge

(1)The Governor in Council may, on the recommendation of the Attorney-General, appoint 1 or more District Court judges as Childrens Court judges.

(2)In choosing a District Court judge to be recommended as a Childrens Court judge, the Attorney-General must have regard to the appointee’s particular interest and expertise in jurisdiction over matters relating to children.

(3)The appointment of a person as a Childrens Court judge does not affect the person’s appointment as a District Court judge or the person’s powers as a District Court judge.

12Acting judge

The Governor in Council may, on the recommendation of the Attorney-General, appoint a District Court judge to act as a Childrens Court judge if, in the Governor in Council’s opinion, the conduct of the business of the court requires it.

13Termination of office

(1)A Childrens Court judge ceases to hold the office if the judge ceases to hold office as a District Court judge.

(2)A Childrens Court judge may resign office by written resignation given to the Governor.

(3)The resignation does not affect the appointment or powers of the judge as a District Court judge.

14Childrens Court magistrates

(1)The Governor in Council may, on the recommendation of the Attorney-General, appoint 1 or more magistrates as Childrens Court magistrates.

(2)The appointment of a person as a Childrens Court magistrate does not affect the person’s appointment as a magistrate or powers as a magistrate.

(3)For the purpose of the Magistrates Act 1991, the duties of a magistrate include those performed as a Childrens Court magistrate if the magistrate is a Childrens Court magistrate.

s 14 amd 2000 No. 58 s 2 sch; 2008 No. 59 s 5 sch

15Termination of office

(1)A Childrens Court magistrate ceases to hold the office if the person ceases to hold office as a magistrate.

(2)A Childrens Court magistrate may resign office by written resignation given to the Attorney-General.

(3)The resignation does not affect the appointment or powers of the magistrate as a magistrate.

s 15 amd 2008 No. 59 s 5 sch

16Acting magistrate

The Governor in Council may, on the recommendation of the Attorney-General, appoint a magistrate to act in the office of a Childrens Court magistrate if, in the Governor in Council’s opinion, the business of the Court requires it.

s 16 amd 2008 No. 59 s 5 sch

17Jurisdiction not affected by vacancies

The jurisdiction of the court is not affected by a vacancy in any office in the court.

pt 4 div 1 hdg ins 2014 No. 9 s 29

om 2016 No. 39 s 4

pt 4 div 2 hdg ins 2014 No. 9 s 31

om 2016 No. 39 s 6

18Where court may be constituted

(1)The court may be constituted—

(a)if it is constituted by a judge—at a place where a Magistrates Court or the District Court may be held; or

(b)if it is constituted by a Childrens Court magistrate, a magistrate or justices—at a place where a Magistrates Court may be held.

(2)Subject to subsection (1), the court as constituted by any of its members—

(a)may exercise jurisdiction throughout Queensland; and

(b)may sit in more than 1 place at the same time.

s 18 amd 1999 No. 19 s 3 sch; 2008 No. 59 s 5 sch

19Separation of court’s proceedings

The hearing of a matter before the court must be held at a time when the business of another court is not being conducted in the same room.

s 19 amd 1993 No. 76 s 3 sch 1

20Who may be present at a proceeding

(1)In a proceeding before the court relating to a child, the court must exclude from the room in which the court is sitting any person who is not—

(a) the child; or

(b)a parent or other adult member of the child’s family; or

(c)a victim, or a person who is a representative of the victim, of the offence alleged to have been committed by the child; or

(d)a witness giving evidence; or

(da)a person who is an intermediary under the Evidence Act 1977, part 2, division 4C for a witness giving evidence; or

(e)if a witness is a complainant within the meaning of the Criminal Law (Sexual Offences) Act 1978—a person whose presence will provide emotional support to the witness; or

(f)a party or person representing a party to the proceeding, including, for example, a police officer or other person in charge of a case against a child in relation to an offence; or

(g)a representative of the chief executive of the department; or

(ga)the public guardian under the Public Guardian Act 2014; or

(gb)if the proceeding is a child protection proceeding under the Child Protection Act 1999—the chief executive (child safety); or

(h)if the child is an Aboriginal or Torres Strait Islander person—

(i)a representative of an organisation whose principal purpose is the provision of welfare services to Aboriginal and Torres Strait Islander children and families; or

(ii)a representative of the community justice group in the child’s community who is to make submissions that are relevant to sentencing the child; or

(i)an infant or young child in the care of an adult who may be present in the room.

(2)However, the court must also exclude from the room a person mentioned in subsection (1)(c) if, in the court’s opinion, the person’s presence would be prejudicial to the interests of the child.

(3)Also, the court may permit to be present in the room—

(a)a person who is engaged in—

(i)a course of professional study relevant to the operation of the court; or

(ii)research approved by the chief executive of the department; or

(b)a person who, in the court’s opinion, will assist the court; or

(c)for a criminal proceeding against a child—1 or more of the following persons if, in the court’s opinion, the person’s presence would not be prejudicial to the interests of the child—

(i)a representative of mass media;

(ii)a person who, in the court’s opinion, has a proper interest in the proceeding.

(4)Also, this section does not affect any order made, or that may be made, by the court under the Evidence Act 1977, section 21A—

(a)excluding any person (including a defendant) from the place in which the court is sitting; or

(b)permitting any person to be present while a special witness within the meaning of that section is giving evidence.

(5)This section—

(a)applies even if the court’s jurisdiction is being exercised conjointly with another jurisdiction; and

(b)does not apply to the court when constituted by a judge exercising jurisdiction to hear and determine a charge on indictment.

(6)In this section—
chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.

child’s community means the child’s Aboriginal or Torres Strait Islander community, whether it is—

(a)an urban community; or

(b)a rural community; or

(c)a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.

community justice group, for a child, means—

(a)the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4, for the child’s community; or

(b)a group of persons within the child’s community, other than a department of government, that is involved in the provision of any of the following—

(i)information to a court about Aboriginal or Torres Strait Islander offenders;

(ii)diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders;

(iii)other activities relating to local justice issues; or

(c)a group of persons made up of the elders or other respected persons of the child’s community.

criminal proceeding means a proceeding against a child under the Youth Justice Act 1992 for an offence or for the sentencing of the child for an offence.

s 20 prev s 20 amd 1996 No. 22 s 107; 1997 No. 9 s 18; 1999 No. 10 s 205 sch 3; 2000 No. 42 s 8; 2003 No. 55 s 6(1) (amdt could not be given effect); 2003 No. 55 s 6(2); 2009 No. 29 s 367

om 2014 No. 9 s 30

pres s 20 ins 2016 No. 39 s 5

amd 2020 No. 32 s 6

21Court sitting times

Subject to the rules and the directions of the president or chief magistrate under section 8, proceedings before the court—

(a)when constituted by a judge—may be held at any time; or

(b)when constituted by a Childrens Court magistrate, magistrate or justices—must be held at special times fixed in advance by the proper officer of the court.

s 21 sub 1993 No. 76 s 3 sch 1

amd 2014 No. 28 s 46

pt 5 hdg ins 2002 No. 39 s 140

22Jury in criminal trials

(1)All indictable offences prosecuted in the Childrens Court must be tried by a Childrens Court judge and a jury.

(2)Subsection (1) is subject to an Act that allows or requires an indictable offence prosecuted in the Childrens Court to be tried in another way.

(3)Despite section 18(1)(a), a trial by a Childrens Court judge and a jury must be held at a place where a District Court may be held.

(4)The Jury Act 1995 states the law about the following—

(a)the obligation to perform jury service;

(b)organisation of juries generally;

(c)the selection of a jury;

(d)arrangements for a jury during a trial;

(e)juror’s remuneration and allowances.

s 22 ins 2002 No. 39 s 140

23Issues of law and fact

Issues of law and fact are to be decided by the judge or jury as if the trial were a trial on indictment in the Supreme Court.

s 23 ins 2002 No. 39 s 140

pt 6 hdg (prev pt 5 hdg) renum 2002 No. 39 s 138

24Annual report

(1)As soon as practicable after the end of each financial year, but no later than 5 months after the end of the financial year, the president must give to the Attorney-General a report of the administration and operation of the Childrens Court during the year.

(2)The Attorney-General must cause a copy of the report to be laid before the Legislative Assembly within 14 days of receiving it.

(3)If, at the time the Attorney-General would otherwise be required to lay the report before the Legislative Assembly, the Legislative Assembly is not sitting, the Attorney-General must give a copy of the report to the clerk of the Parliament.

(4)The clerk must cause a copy of the report to be laid before the Legislative Assembly on its next sitting day.

(5)For the purposes of its publication, the report is taken to have been laid before the Legislative Assembly, and to have been ordered to be published by the Legislative Assembly, when it is given to the clerk.

(6)The first report must cover the period from the commencement of section 4 until the end of the first full financial year of the court’s operation.

s 24 (prev s 22) amd 2003 No. 8 s 17 sch

renum 2002 No. 39 s 139

amd 2002 No. 39 s 141

25Ordinary privileges, protection and immunity allowed

(1)In this section—

court of concurrent jurisdiction means—

(a)in relation to the Childrens Court when constituted by a judge—the District Court; or

(b)in relation to the Childrens Court when constituted by a Childrens Court magistrate, a magistrate or justices—a Magistrates Court.

proceeding means a proceeding in the Childrens Court.

(2)A person who is—

(a)a judicial officer presiding over a proceeding; or

(b)a legal practitioner appearing in a proceeding; or

(c)a witness attending in a proceeding;

has the same privileges, protection or immunity as the person would have if the proceeding were in the court of concurrent jurisdiction.

s 25 (prev s 23) amd 1999 No. 19 s 3 sch

renum 2002 No. 39 s 139

amd 2008 No. 59 s 5 sch

26Contempt

(1)A judge has the same power to punish a person for contempt of the court as the judge has to punish a person for contempt of the District Court.

(2)The District Court of Queensland Act 1967, section 129 applies in relation to the Childrens Court when constituted by a judge in the same way as it applies in relation to the District Court.

(3)In the performance of duties in relation to the Childrens Court, a Childrens Court magistrate, a magistrate or justices have the same power to punish for contempt as a magistrate has or justices have, as the case may be, to punish for contempt of a Magistrates Court.

(4)The Justices Act 1886, section 40 applies in relation to the court when constituted by a Childrens Court magistrate, a magistrate or justices in the same way as it applies in relation to a Magistrates Court.

s 26 (prev s 24) amd 1999 No. 19s 3 sch; 2000 No. 46 s 3 sch

renum 2002 No. 39 s 139

amd 2004 No. 43 s 3 sch; 2008 No. 59s 5 sch

27Court officials

(1)Every person holding office as the clerk, registrar or other court official of a Magistrates Court held at a place is taken to hold the same office in relation to the Childrens Court constituted by a Childrens Court magistrate, a magistrate or justices held at the place.

(2)Every person holding office as a registrar, deputy registrar, sheriff or other court official of the District Court held at a place is taken to hold the same office in relation to the Childrens Court constituted by a judge held at the place.

s 27 (prev s 25) amd 1999 No. 19 s 3 sch

renum 2002 No. 39 s 139

amd 2008 No. 59 s 5 sch

28Court records

The records of the court held at a place must be kept in the custody of the registrar or clerk of the court at the place.

s 28 (prev s 26) renum 2002 No. 39 s 139

28AAccess to court records for approved research

(1)The chief executive may authorise a person to have access to a record, or information from a record, to allow the person to carry out research.

(2)However, the chief executive may authorise access only if the chief executive is satisfied—

(a)the record or information will not be used or published in a way that could reasonably be expected to result in the identification of any of the individuals to whom it relates; and

(b)it would not be inappropriate to authorise the access in all the circumstances including, for example, the cost to the department of providing the access.

(3)The registrar or clerk of a court may give a person access to a record or information from a record under an authorisation under this section.

(4)In this section—

record means a court record or part of a court record.

s 28A ins 2010 No. 42 s 20

29Judicial notice

All courts and persons acting judicially must take judicial notice of the appointment and signature of every person holding office under this Act.

s 29 (prev s 27) renum 2002 No. 39 s 139

30References to Childrens Court

(1)A reference in another Act to the Childrens Court or a Childrens Court (whether the expression ‘the Childrens Court’, ‘a Children’s Court’ or ‘a Childrens Court’ or another expression is used) is, in relation to anything done, or proposed to be done, after the commencement of section 4, taken to be a reference to the Childrens Court established under this Act.

(2)Subsection (1) applies to a reference in an Act passed before the commencement of section 4 despite the reference being expressly to the Childrens Court or a Childrens Court constituted under an Act other than this Act.

s 30 orig s 30 ins 1995 No. 50 s 3 sch

exp 22 November 1996 (see s 30(3))

prev s 30 ins 1997 No. 38 s 7

exp 1 August 1999 (see s 30(3))

pres s 30 (prev s 28) ins 1992 No. 68 s 3 sch 1

renum 2002 No. 39 s 139

30AApproved forms

The president may approve forms for use under this Act.

s 30A ins 2012 No. 17 s 4

31Regulation-making power

The Governor in Council may make regulations under this Act.

s 31 (prev s 28) renum 1992 No. 68 s 3 sch 1

(prev s 29) sub 1995 No. 57 s 4 sch 1

renum 2002 No. 39 s 139

pt 7 hdg ins 2008 No. 59 s 7

amd 2012 No. 17 s 5

pt 7 div 1 hdg ins 2012 No. 17 s 6

32Transitional provision for Child Protection Act 1999

(1)This section applies if, before the commencement of the Child Protection Act 1999, chapter 3, part 4—

(a)a person appealed, under part 4A, against a supervision order or care order; and

(b)the appeal has not been finally decided.

(2)The appeal may be dealt with under the Child Protection Act 1999.

(3)In this section—

care order means an order under the Children’s Services Act 1965, section 49(4)(a)(iii) or section 61(4)(a)(iii).

supervision order means an order under the Children’s Services Act 1965, section 49(4)(a)(ii) or section 61(4)(a)(ii).

s 32 (prev s 31) ins 1999 No. 10 s 205 sch 3

renum 2002 No. 39 s 139

pt 7 div 2 hdg ins 2012 No. 17 s 7

33Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 3

(1)This section applies if, immediately before the commencement of this section, a person holds office as a Childrens Court magistrate.

(2)The person’s term of appointment is taken to end 5 years after the person was first appointed.

s 33 ins 2008 No. 59 s 8

pt 7 div 3 hdg ins 2012 No. 17 s 8

34Definition for div 3

In this division—

commencement means the commencement of this section.

s 34 ins 2012 No. 17 s 8

35Validation provision for Childrens Court Rules

(1)Despite the Statutory Instruments Act 1992, section 54, the Childrens Court Rules 1997—

(a)are taken not to have expired on 1 September 2008; and

(b)continue in force until they are repealed under this Act.

(2)Anything done, purported to have been done or omitted to be done under the Childrens Court Rules 1997 before the commencement has the same effect as it would have had if the Childrens Court Rules 1997 had not expired.

(3)Without limiting subsection (2)—

(a)an order, direction or decision made under the Childrens Court Rules 1997 before the commencement is taken to be, and to have always been, made under the Childrens Court Rules 1997 as if those rules had not expired; and

(b)a right, privilege or liability purportedly acquired, accrued or incurred under the Childrens Court Rules 1997 before the commencement is taken to be, and to have always been, a right, privilege or liability acquired, accrued or incurred under the Childrens Court Rules 1997 as if those rules had not expired; and

(c)a form approved or purported to have been approved under the Childrens Court Rules 1997 before the commencement is taken to be, and to have always been, approved under the Childrens Court Rules 1997 as if those rules had not expired.

(4)The amendment of the Childrens Court Rules 1997 by the Childrens Court Amendment Rule (No. 1) 2010 has the same effect as it would have had if the Childrens Court Rules 1997 had not expired.

s 35 ins 2012 No. 17 s 8

36Transitional provision for approved forms

(1)This section applies if, immediately before the commencement, a form was approved for a purpose under the Childrens Court Rules 1997.

(2)The form is taken to have been approved under section 30A for the purpose.

s 36 ins 2012 No. 17 s 8

pt 7 div 4 hdg ins 2014 No. 9 s 32

37Application of provision about open and closed proceedings

Part 4, division 2 applies to a proceeding for an offence even if 1 or both of the following happened before the commencement of this section—

(a)the commission of the offence;

(b)the start of the proceeding for the offence.

s 37 ins 2014 No. 9 s 32

pt 7 div 5 hdg ins 2014 No. 28 s 47

38Term of office of current Childrens Court magistrates

(1)This section applies to a person holding an appointment as a Childrens Court magistrate immediately before the commencement of this section.

(2)The person’s appointment continues on the same conditions until the person ceases to hold the office of Childrens Court magistrate under section 15.

(3)Subsection (2) applies despite a term of appointment stated in the person’s instrument of appointment.

(4)Subsection (2) does not affect the power of the Governor in Council under this Act to change the conditions of the appointment.

s 38 ins 2014 No. 28 s 47

sch 1 om 1995 No. 57 s 4 sch 1