1Short titleThis rule may be cited as the Childrens Court Amendment Rule 2024.2CommencementThis rule commences on 24 June 2024.3Rules amendedThis rule amends the Childrens Court Rules 2016.4Amendment of r 3 (Application of rules)(1)Rule 3(1)—insert—

(ca)acknowledgement of sex proceedings; and

(2)Rule 3(1)(e)—insert—

(iii)the Births, Deaths and Marriages Registration Act 2023, section 78.

(3)Rule 3(1)(ca) to (e)—renumber as rule 3(1)(d) to (f).5Amendment of r 4 (Definitions)(1)Rule 4—insert—(3A)For a rule about an acknowledgement of sex proceeding, the words and expressions used in the rule have the same meaning as they have in the Births, Deaths and Marriages Registration Act 2023.(2)Rule 4(4), ‘subrules (2) and (3)’—omit, insert—subrules (2), (3) and (4)(3)Rule 4(3A) and (4)—renumber as rule 4(4) and (5).6Amendment of r 5 (Main objects of rules)Rule 5(a)—insert—

(iii)for an acknowledgement of sex proceeding—the Births, Deaths and Marriages Registration Act 2023, section 70; and

7Insertion of new pt 2, div 1, hdgBefore rule 9—insert—Division 1Preliminary8Amendment of r 9 (What part is about)(1)Rule 9(b), from ‘that’ to ‘file’—omit, insert—the litigation director must file(2)Rule 9—insert—

(d)states the documents a person making an acknowledgement of sex application must file.

9Insertion of new pt 2, div 2, hdgBefore rule 10—insert—Division 2Starting proceedings10Amendment of r 10 (Starting proceedings)(1)Rule 10, heading—omit, insert—10How proceeding is started(2)Rule 10(1)—insert—

(ba)an acknowledgement of sex application;

(3)Rule 10(1)(ba) and (c)—renumber as rule 10(1)(c) and (d).(4)Rule 10(2), ‘subrule (1)(a) or (b)’—omit, insert—subrule (1)(a), (b) or (c)11Amendment of r 12 (Form and content of originating application)Rule 12, heading, after ‘originating application’—insert—generally12Insertion of new r 12AAfter rule 12—insert—12AOrders and relief that may be sought in originating application for particular acknowledgement of sex proceeding(1)Subrule (2) applies in relation to an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023, section 44 or 55 by an eligible person for a child.(2)The originating application for the acknowledgement of sex proceeding may include an application for any order or relief that could otherwise be made or granted by the court on an application in the proceeding.(3)Subrule (4) applies in relation to an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023, section 45 or 56 by a child.(4)The originating application for the acknowledgement of sex proceeding may include an application for—

(a)an order under the Births, Deaths and Marriages Registration Act 2023, section 46(2) or 57(2) dispensing with the requirement to serve a copy of the originating application on 1 or more of the respondents; or

(b)any other order or relief that could otherwise be made or granted by the court on an application in the proceeding.

Note—See part 7, division 2 in relation to applications in proceedings.13Insertion of new pt 2, div 3, hdgBefore rule 13—insert—Division 3Additional documents to be filed for particular proceedings14Amendment of r 13 (Documents to be filed if child protection proceeding started)(1)Rule 13(2)(d), ‘orders or’—omit, insert—orders and(2)Rule 13(4)(b), from ‘file’ to ‘is filed’—omit, insert—comply with paragraph (a)(3)Rule 13(4)(b)(iii), ‘subparagraph (i) or (ii) does’—omit, insert—subparagraphs (i) and (ii) do15Insertion of new r 14AAfter rule 14—insert—14ADocuments to be filed if acknowledgement of sex proceeding started(1)This rule applies if an acknowledgement of sex proceeding is started.(2)Each of the following documents must be filed with the originating application for the acknowledgement of sex proceeding—

(a)the birth certificate for the child the subject of the application;

(b)if the child or a member of the child’s family is named in a domestic violence order—a copy of the domestic violence order;

(c)any other document relevant to the proceeding.Examples of documents relevant to the proceeding—

•an order of a court, or an agreement registered or approved, under the Family Law Act 1975 (Cwlth) relating to the child

•a relevant child protection order for the child

(3)In this rule—domestic violence order means—

(a)a domestic violence order under the Domestic and Family Violence Protection Act 2012; or

(b)an interstate order, or a registered New Zealand order, under part 6 of that Act.

16Amendment of r 17 (When document is filed)Rule 17(1)(b), ‘an Adoption Act application or a child protection application’—omit, insert—a child protection application, an Adoption Act application or an acknowledgement of sex application17Insertion of new r 18AAfter rule 18—insert—18ADocuments in language other than English(1)If a document filed in the court is written in a language other than English, a certified translation of the document must also be filed.(2)In this rule—certified translation, of a document, means a translation of the document into English by a translator whose certification states—

(a)that the translation is correct; and

(b)the translator’s accreditation or qualifications for making the translation.

18Amendment of r 21 (Notice of address for service—parties to proceeding)Rule 21(1), ‘or an Adoption Act application’—omit, insert—, an Adoption Act application or an acknowledgement of sex application19Amendment of r 25 (Parties to proceeding to be served)Rule 25(1)—insert—Notes—

1See the Births, Deaths and Marriages Registration Act 2023, section 71 for who is a party to an acknowledgement of sex proceeding.

2See rule 31 and the Births, Deaths and Marriages Registration Act 2023, sections 46, 57 and 63 for when the court may dispense with the requirement to serve particular documents.

20Amendment of rr 31, 74, 76 and 78Rules 31(5)(a), 74(3)(a), 76(3)(a) and 78(3)(a)—insert—Note—For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023, section 70 in relation to the court’s paramount consideration.21Amendment of r 33 (Guardian to be served)Rule 33(1)(a), ‘or an Adoption Act application’—omit, insert—, an Adoption Act application or an acknowledgement of sex application22Amendment of pt 5, hdg (Participants in proceedings and other particular entities)Part 5, heading, from ‘and’—omit, insert—and related matters23Amendment of r 35 (What part is about)Rule 35(d), ‘or adoption proceeding’—omit, insert—, adoption proceeding or acknowledgement of sex proceeding24Amendment of r 42 (Way child is to participate in proceeding)(1)Rule 42(1)—omit, insert—(1)This rule applies in relation to a child who—

(a)is the subject of a CAO proceeding, child protection proceeding or adoption proceeding; or

(b)starts an acknowledgement of sex proceeding by an application made under the Births, Deaths and Marriages Registration Act 2023, section 45 or 56, or is otherwise the subject of an acknowledgement of sex proceeding.

(1A)The court may make an order or issue a direction to assist the child to participate in the proceeding, including, for example, a direction that—

(a)the child may have a person nearby during all or part of an appearance in the proceeding to support the child; orExample—support of an Aboriginal or Torres Strait Islander child provided by an appropriate person in accordance with Aboriginal tradition or Island custom

(b)the child may appear at an appearance in a particular way; or

(c)service on the child under rule 31 is to occur in a particular way; or

(d)there is a requirement that something be done to assist a child to understand and participate in the proceeding.

Notes—

1See the Child Protection Act, section 106 and the Births, Deaths and Marriages Registration Act 2023, section 73 for the court’s duty to ensure that parties understand the nature, purpose and legal implications of the proceeding.

2See also rule 67(2)(c) for the court’s power to issue directions in relation to a child protection proceeding.

(2)Rule 42(2), ‘subrule (1)’—omit, insert—subrule (2)(3)Rule 42(2)(a)—insert—Note—For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023, section 70 in relation to the court’s paramount consideration.(4)Rule 42(2)(b)—insert—

(iii)for an acknowledgement of sex proceeding started by a child as mentioned in subrule (1)(b)—

(A)the child’s age; and

(B)whether the child is legally represented.

(5)Rule 42(1A) and (2)—renumber as rule 42(2) and (3).25Amendment of r 43 (Way child is to be heard in proceeding)Rule 43(1), notes—insert—

3For an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023, section 76 in relation to how a child may be heard in the proceeding.

26Amendment of r 48 (Attending appearance by audio visual link or audio link)Rule 48(1)—insert—Note—See rule 64(2)(j) in relation to how an appearance in an acknowledgement of sex proceeding is to happen.27Replacement of pt 7, hdg and pt 7, div 1, hdgPart 7, heading and part 7, division 1, heading—omit, insert—Part 7Case management, applications in proceedings and related mattersDivision 1Case management in child protection proceedings and acknowledgement of sex proceedingsSubdivision 1Preliminary28Amendment of r 62 (What division is about)(1)Rule 62, after ‘child protection proceeding’—insert—or an acknowledgement of sex proceeding(2)Rule 62(c), before ‘who’—insert—for a child protection proceeding—29Insertion of new pt 7, div 1, sdiv 2, hdgBefore rule 63—insert—Subdivision 2General provisions30Amendment of r 63 (Court to manage child protection proceedings)(1)Rule 63, heading, after ‘proceedings’—insert—and acknowledgement of sex proceedings(2)Rule 63, after ‘child protection proceeding’—insert—or an acknowledgement of sex proceeding31Amendment of r 64 (Way court may manage child protection proceeding)(1)Rule 64, heading, after ‘proceeding’—insert—or acknowledgement of sex proceeding(2)Rule 64(1), after ‘child protection proceeding’—insert—or an acknowledgement of sex proceeding(3)Rule 64(1), ‘a proceeding’—omit, insert—the proceeding(4)Rule 64(2)(n), note—omit, insert—Note—See division 2 in relation to applications in proceedings.(5)Rule 64—insert—(3)However, for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023, section 45 or 56 by a child, the court must, in acting under subrule (1) or (2), have regard to the fact that the applicant is a child.Note—See also the Births, Deaths and Marriages Registration Act 2023, section 70 in relation to the court’s paramount consideration in exercising jurisdiction or powers in an acknowledgement of sex proceeding.32Amendment of r 65 (Evidence in child protection proceeding)(1)Rule 65, heading, after ‘proceeding’—insert—or acknowledgement of sex proceeding(2)Rule 65, after ‘in a child protection proceeding’—insert—or an acknowledgement of sex proceeding(3)Rule 65—insert—

(ab)for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023, section 45 or 56 by a child—how the child is to give evidence, including whether the child is to give evidence orally, by affidavit or in another way the court considers appropriate;

(4)Rule 65(h), note—omit, insert—Note—See the Child Protection Act, section 105 and the Births, Deaths and Marriages Registration Act 2023, section 74 for how the court may inform itself.(5)Rule 65(ab) to (h)—renumber as rule 65(b) to (i).(6)Rule 65—insert—(2)In deciding whether to give a direction under subrule (1)(b), the court must have regard to the following matters—

(a)the child’s age;

(b)whether the child is legally represented;

(c)the nature of the evidence to be given by the child;

(d)whether the child’s evidence may be given in another way.

33Insertion of new pt 7, div 1, sdiv 3, hdgBefore rule 66—insert—Subdivision 3Additional provisions for child protection proceedings34Insertion of new pt 7, div 1, sdiv 4After rule 72—insert—Subdivision 4Additional provisions for acknowledgement of sex proceedings72ACourt may consider other relevant proceedings(1)In an acknowledgement of sex proceeding, the court may consider—

(a)whether the child the subject of the proceeding or a parent of the child is a party to a DFVP proceeding, or a DFVP proceeding is otherwise relevant to the proceeding; and

(b)if paragraph (a) applies, whether to issue another direction about the DFVP proceeding.

(2)The court may also consider whether there are any other relevant proceedings, and whether to issue a direction about a matter related to the relevant proceeding.(3)In this rule—DFVP proceeding means a proceeding under the Domestic and Family Violence Protection Act 2012.relevant proceeding, in relation to an acknowledgement of sex proceeding, means a proceeding relevant to the acknowledgement of sex proceeding, including, for example, a proceeding in which a court is exercising jurisdiction conferred under the Family Law Act 1975 (Cwlth).72BCourt may direct particular children to give information(1)This rule applies if an acknowledgement of sex proceeding is started by an application made under the Births, Deaths and Marriages Registration Act 2023, section 45 or 56 by a child.(2)The court may direct the child to give the court further information, in the way the court considers appropriate, about—

(a)the content of the application; or

(b)an affidavit filed by or on behalf of the child.

(3)In deciding whether to give a direction under subrule (2), the court must have regard to the following matters—

(a)the child’s age;

(b)whether the child is legally represented;

(c)the nature of the information to be given by the child.

72CCourt may direct way particular children make submissions(1)This rule applies if an acknowledgement of sex proceeding is started by an application made under the Births, Deaths and Marriages Registration Act 2023, section 45 or 56 by a child.(2)The court may direct the child to make submissions in the way the court considers appropriate, including, for example, that a submission is to be made orally or in writing.(3)In deciding whether to give a direction under subrule (2), the court must have regard to the following matters—

(a)the child’s age;

(b)whether the child is legally represented;

(c)the nature of the information to be given by the child.

35Amendment of r 80 (Respondent in proceeding may file affidavit)(1)Rule 80(1), from ‘the filing’—omit, insert—filing—

(a)a child protection application; or

(b)an Adoption Act application; or

(c)an acknowledgement of sex application.

(2)Rule 80(3), note, after ‘proceeding’—insert—or an acknowledgement of sex proceeding36Amendment of r 81 (Particular children may be asked to make affidavit only with court’s leave)Rule 81, note, from ‘giving evidence’—omit, insert—being called to give evidence under the Child Protection Act, section 112, the Adoption Act, section 238 and the Births, Deaths and Marriages Registration Act 2023, section 75.37Amendment of r 91 (Examination of person making affidavit)(1)Rule 91(1), note—omit, insert—Notes—

1The child the subject of a CAO proceeding or child protection proceeding, or a child in an adoption proceeding, may be called to give evidence or cross-examined only with the leave of the court under the Child Protection Act, section 112 or the Adoption Act, section 238.

2See the Births, Deaths and Marriages Registration Act 2023, section 75 for when a child in an acknowledgement of sex proceeding may be called to give evidence or cross-examined.

(2)Rule 91—insert—(1A)Subrule (3) applies if an affidavit to be relied on in an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023, section 45 or 56 by a child is an affidavit of the child.(1B)In deciding whether to make an order under subrule (1), the court must have regard to the following matters—

(a)the child’s age;

(b)whether the child is legally represented;

(c)the nature of the evidence to be given by the child;

(d)whether the child’s evidence may be given in another way.

(3)Rule 91(2), ‘Subrule (3)’—omit, insert—Subrule (5)(4)Rule 91(6), ‘subrule (3)’—omit, insert—subrule (5)(5)Rule 91(1A) to (6)—renumber as rule 91(2) to (8).38Amendment of r 93 (Request for subpoena)Rule 93(2), note, from ‘giving evidence’—omit, insert—being called to give evidence under the Child Protection Act, section 112, the Adoption Act, section 238 and the Births, Deaths and Marriages Registration Act 2023, section 75.39Amendment of r 102 (Court may issue directions about how children give evidence)(1)Rule 102(1), note—omit, insert—Notes—

1The child the subject of a CAO proceeding or child protection proceeding, or a child in an adoption proceeding, may be called to give evidence or cross-examined only with the leave of the court under the Child Protection Act, section 112 or the Adoption Act, section 238.

2See the Births, Deaths and Marriages Registration Act 2023, section 75 for when a child in an acknowledgement of sex proceeding may be called to give evidence or cross-examined.

(2)Rule 102(3)(a)—insert—Note—For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023, section 70 in relation to the court’s paramount consideration.40Amendment of r 121 (Application of part)Rule 121—insert—

(c)the Births, Deaths and Marriages Registration Act 2023, section 78.

41Amendment of r 123 (Notice of appeal)(1)Rule 123, note 1, from ‘239(2)’—omit, insert—239, the Adoption Act, section 243 and the Births, Deaths and Marriages Registration Act 2023, section 78.(2)Rule 123, note 2, from ‘sections 118(5)’—omit, insert—sections 118 and 239, the Adoption Act, section 244 and the Births, Deaths and Marriages Registration Act 2023, section 79.(3)Rule 123, note 3, from ‘sections 118(2)’—omit, insert—sections 118 and 239, the Adoption Act, section 244 and the Births, Deaths and Marriages Registration Act 2023, section 79.42Amendment of r 127 (Outline of argument)Rule 127(1)—insert—

(c)the Births, Deaths and Marriages Registration Act 2023, section 78.

43Amendment of sch 1 (Dictionary)(1)Schedule 1—insert—acknowledgement of sex application means an application made under the Births, Deaths and Marriages Registration Act 2023, section 44, 45, 55, 56 or 62.acknowledgement of sex proceeding means a proceeding started by an acknowledgement of sex application.(2)Schedule 1, definition address for service, after ‘Adoption Act application,’—insert—acknowledgement of sex application,(3)Schedule 1, definition child protection principles, paragraph (b), ‘6AA’—omit, insert—5F(4)Schedule 1, definition electronic service address, paragraph (a), after ‘the Adoption Act’—insert—, the Births, Deaths and Marriages Registration Act 2023(5)Schedule 1, definition notice of appeal—insert—

(c) a notice of appeal under the Births, Deaths and Marriages Registration Act 2023, section 79.

(6)Schedule 1, definition party—insert—Note—See the Births, Deaths and Marriages Registration Act 2023, section 71 for who is a party to an acknowledgement of sex proceeding.(7)Schedule 1, definition service address, paragraph (a), after ‘the Adoption Act’—insert—, the Births, Deaths and Marriages Registration Act 2023