Children’s Court of NSW Resource Handbook — Legislation

Children — bail conditions in relation to accommodation: s 28 — prohibition against multiple or detention applications to the same court unless there are grounds for a further release application: s 74 — an application for release may be made in relation to a child: s 74(3)(d).

Children — criminal proceedings — age of criminal responsibility — Children’s Court jurisdiction — commencement of proceedings — hearings — publication and broadcasting of names — penalties — compensation — background reports — criminal proceedings — adjournments — charges hearings — cumulative or concurrent orders — guilty plea — non-association and place restriction orders — reasons for decisions — compensation — term of control order — variation of good behaviour bond or probation — enforcement — suspension of control order — mistake in exercise of jurisdiction — proceedings for offences — procedures for remitting cases from one court to another — drug rehabilitation programs.

Children — criminal proceedings — serious children’s indictable offence — lists of adults willing to attend interviews — background reports — explanations to accused persons in committal proceedings — conditions that may be imposed by certain orders — explanatory material for orders — authorised officers — consultation required before conditions as to residence or treatment imposed on parole — parole orders — warrants of commitment — savings — any act, matter or thing that, immediately before the repeal of the Children (Criminal Proceedings) Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.

Children — criminal proceedings — applicable to children under 21 years and guilty or convicted of an offence — making children’s community service orders by courts — administration of children’s community service orders — extension and revocation of children’s community service orders — liability in respect of community service work — notice of revocation of orders — orders to be taken into account in subsequent dealings — disclosure of information.

Children — criminal — detention centres — establishment, control, management and inspection — Official Visitors — admission to detention centres — persons on remand and persons subject to control — exceptions — transfers — detention orders — treatment of detainees — maintenance of physical, psychological and emotional well-being of detainees — promotion of social, cultural and educational development — maintenance of discipline and good order — facilitation of the proper control and management of detention centres — leave — escorted absences — restrictions on and conditions of leave — medical attention — riots and disturbances — transfers — detention centre offence — discharge — termination of detention orders — offences — administration — appointment of medical officers — testing of juvenile justice officers for alcohol and prohibited drugs — Serious Young Offenders Review Panel — Victims Register.

Children — criminal — detention centres — administration — admission — information — classification — health and medical attention — health, medical attention and maintenance of physical well-being — segregation — uniform — searching of detainees — property, possession and disposal — education and training — access to programs — case management — preparation and development of case plans — visits — letters and parcels — telephone communications — communications with staff members — complaints — leave — maintenance of order — use of dogs to assist in drug detection — use of force — testing for alcohol or drugs — list of punishments for misbehaviour — inquiry into misbehaviour — misbehaviour dealt with by the Children’s Court — parole — conduct of juvenile justice officers regarding alcohol and prohibited drugs — health, mental illness and death of detainees — diet, exercise and treatment — spiritual welfare — list of general misbehaviour — serious misbehaviour — forms — notice of revocation of parole order — arrest warrant — warrant of commitment to detention centre.

Children — criminal — interstate transfer of offenders — general agreement — arrangements — transfer orders — transfer to NSW in custody of escort — escape from custody — transfer of sentence or order — transit through NSW — revocation of transfer orders — reports — proceedings for offences.

Children — Children’s Court of NSW — constitution — jurisdiction — Children’s Court Advisory Committee — Children’s Court Clinic — functions of the President — reports — venue — contempt — judicial notice of signatures — appeals — rules — practice notes — directions may be given in circumstances not covered by the rules or the practice notes — provisions relating to Children’s Magistrates.

Children — Children’s Court of NSW — appeals in relation to decisions of Presidential Children’s Court — appeals etc under Children and Young Persons (Care and Protection) Act 1998 — appeals under Crimes (Appeal and Review) Act 2001 — appeals relating to apprehended violence orders — appeals relating to forfeiture orders under Sch 2 to the Bail Act 2013 — definitions — savings.

Children — Children’s Court of NSW — general practice and procedure — application of the Rule — administration of the court, including seal, venue, sittings and delegation of functions — filing, lodgment and service of documents — care proceedings — functions of Children’s Registrars — applications — children and young persons as witnesses — evidence of school attendance — application for appointment of a person to act as guardian ad litem — record of proceedings — subpoenas — criminal proceedings — Children’s Court Clinic — Children’s Court Advisory Committee — forms.

Crimes — child murder — injuries to child at time of birth — abandoning or exposing a child under 7 years — failure of persons with parental responsibility to care for child — sexual intercourse with a child under 10 — attempting or assaulting with intent to have sexual intercourse with child under 10 — sexual intercourse with child between 10 and 16 — attempting or assaulting with intent to have sexual intercourse with child between 10 and 16 — persistent sexual abuse of a child — procuring or grooming a child under 16 for unlawful sexual activity — child abduction — child prostitution — child abuse material — measures to protect children in AVO proceedings.

Crimes — children — custody of persons during proceedings — subject to Children (Detention Centres) Act 1987 — see above.

Crimes — children — provisional sentencing for child offenders — power to impose provisional sentence — case plan to be provided — effect of provisional sentence — progress reviews — progress reports to be provided by person responsible for detention of an offender — final sentence — time limit for imposition of final sentence — appeals.

Children — scheme to provide alternative processes to the court system — youth justice conferences — cautions — warnings — proceedings for offences — publication and broadcasting of names — disclosure of records — certain statements inadmissible — interventions not to be disclosed as criminal history — range of investigating officials — notices — liability of officers — conference convenors.

Children — Youth justice conferences — notification of referrals — notice of referrals to be given to conference administrators — times for outcome plans — maximum period of community service work — outcome plans in respect of bush fire or arson offences — outcome plans in respect of graffiti offences — records of conferences — Disclosure of records — disclosure relating to cautions and conferences to Department of Justice — disclosure relating to warnings, cautions and conferences to the Bureau of Crime Statistics and Research — disclosure relating to warnings, cautions and conferences to the Australian Bureau of Statistics and the Australian Institute of Criminology — Miscellaneous — penalty notice offences subject to young offenders scheme — records of warnings and cautions — form and content of written victim statements — delegation of Secretary’s functions — authorised officers — savings — any act, matter or thing that, immediately before the repeal of the Young Offenders Regulation 2010, had effect under the 2010 Regulation continues to have effect under the 2016 Regulation.