Children and Young Persons (Care and Protection) Act 1998

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 259(1): With the exception of the Table 1 offences, proceedings for an offence against the Act or regulations may be dealt with summarily before the Local Court (or before the Supreme Court in its summary jurisdiction).

Section 259(2): Offences under ss 105(2) (Publication of names and identifying information) and 175(1) (Special medical treatment) are Table 1 offences for the purposes of the CP Act: s 267, Sch 1.

Penalty

Section 259(3): The maximum monetary penalty the Local Court may impose is 200 pu or the maximum monetary penalty provided by this Act for the offence, whichever amount is the smaller.

Table 1 offences: For the maximum penalties for summary disposal of Table 1 offences by the Local Court see above.

Offences by corporations — liability of directors/persons concerned in management

Section 258(1): In the case of the offences by corporations specified in s 258, directors and managers are liable unless:

(a) 

the corporation contravened the provision without the knowledge actual, imputed or constructive of the person, or

(b) 

the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or

(c) 

the person, being in such a position, used all due diligence to prevent the contravention by the corporation.

Note:

Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.