Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown
Part 1
General objects, principles, and duties
General objects
4 Objects
General principles
5 Principles to be applied in exercise of powers conferred by this Act
6 Welfare and interests of child or young person paramount
General duties
7 Duties of chief executive
8 Parents and others to be informed of decisions
9 Interpreters
10 Duty of court and counsel to explain proceedings
11 Duty of court and counsel to encourage and assist child or young person to participate in proceedings
12 Duty of medical practitioner to minimise distress to child or young person
Part 2
Care and protection of children and young persons
Principles
13 Principles
Definition of child or young person in need of care or protection
14 Definition of child or young person in need of care or protection
14A Conduct outside New Zealand
Reporting of child abuse
15 Reporting of ill-treatment or neglect of child or young person
16 Protection of person reporting ill-treatment or neglect of child or young person
17 Investigation of report of ill-treatment or neglect of child or young person
18 Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables
19 Referral of care or protection cases to care and protection co-ordinator by other persons or by court
Family group conferences
20 Convening of family group conferences
21 Care and protection co-ordinator to consult family, whanau, or family group on convening of family group conference
22 Persons entitled to attend family group conference
23 Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference
24 Care and protection co-ordinator to ascertain views of persons unable to attend family group conference
25 Notification of convening of family group conference
26 Procedure at family group conference
27 Department to provide administrative services to family group conference
28 Functions of family group conference
29 Family group conference may make decisions and recommendations and formulate plans
30 Care and protection co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
31 Procedure where no agreement possible
32 Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons
33 Department to maintain records of proceedings of family group conferences
34 Chief executive to give effect to decisions, recommendations, and plans of family group conference
35 Police to comply with decisions, recommendations, and plans of family group conference
36 Family group conference may reconvene to review its decisions, recommendations, and plans
37 Proceedings of family group conference privileged
38 Proceedings of family group conference not to be published
Powers to remove child or young person
39 Place of safety warrants
40 Warrant to remove child or young person
41 Person executing warrant to produce evidence of authority and identity [Repealed]
42 Search without warrant
43 Placement of child or young person placed in custody of chief executive
44 Parent or guardian may apply for release of or access to child or young person
45 Child or young person placed in custody of chief executive to be brought before court within 5 days unless sooner released
46 Powers of court where application made under section 44 or child or young person brought before court under section 45
47 Social worker or constable to furnish report to Commissioner where child or young person released before required to be brought before court
48 Unaccompanied children and young persons
Medical examination of child or young person
49 Court may order medical examination of child or young person
50 Ex parte application for order for medical examination
51 Court may impose conditions on order for medical examination
52 Medical practitioner to prepare report on examination
53 Medical examination of child or young person at request of social worker
54 Child or young person entitled to have adult present
55 Restrictions on internal examinations and examinations under general anaesthetic
56 Medical practitioner to prepare report on examination
57 Social worker to make report to chief executive
58 Fees for reports prepared under section 52 or section 56
Production of documents relevant to investigation
59 Application for production of documents relevant to investigation of whether child or young person in need of care or protection
60 Ex parte application for order for production of document
61 Court may order document to be produced
62 Section 61 to apply notwithstanding any enactment or rule of law
63 Right to remove, retain, and make copies of document produced under section 61
64 Document produced under section 61 not to be used for any other purpose
65 Use of documents in subsequent proceedings
66 Government departments may be required to supply information
Proceedings in respect of children and young persons in need of care or protection
67 Grounds for declaration that child or young person is in need of care or protection
68 Application for declaration that child or young person is in need of care or protection
69 Joint applications
70 No application to be made unless family group conference has been held
71 Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person
72 Court not to make declaration unless family group conference held
73 Court not to make declaration unless satisfied that child's or young person's need for care or protection cannot be met by other means
Counselling
74 Court may require parties to undergo counselling
75 Counsellor to arrange meeting and submit report on outcome
76 Fees
77 Privilege
Custody of child or young person pending determination of proceedings
78 Custody of child or young person pending determination of proceedings
79 Persons who may be granted custody under section 78
80 Effect of order made under section 78
81 Placement of child or young person under order made under section 78
82 Child or young person may be returned to person who previously had care
Orders under this Part
83 Orders of court on making of declaration
84 Power to make other orders where declaration made on ground of child's offending
85 Recall to come before court
Services orders
86 Services orders
86A Interim services orders
Restraining orders
87 Restraining orders
88 Interim restraining orders
89 Offence to contravene restraining order or interim restraining order
90 When restraining order shall cease to have effect
Support orders
91 Support orders
92 Interim support orders
93 Duty to provide support
94 Duty of chief executive to appoint social worker to provide support
95 Conditions of support order or interim support order
96 Power of court to impose additional conditions
97 Court may impose conditions in respect of parent, guardian, etc, of child or young person
98 Court not to impose condition requiring medical treatment without person's consent
99 Person or organisation providing support to child or young person to report to court
100 Failure to observe conditions of support order
Custody orders
101 Custody orders
102 Interim custody orders
103 Court may impose conditions to facilitate return of child or young person
104 Effect of custody order
105 Living arrangements for child or young person placed in custody of chief executive
106 Living arrangements where child or young person placed in custody of iwi social service, etc
107 Person in whose custody child or young person is placed may determine access rights in absence of court order
108 When custody order shall cease to have effect
109 Custody to revert on expiry of order
Guardianship orders
110 Guardianship orders
111 Person not to be appointed as guardian without consent
112 Chief executive may be appointed as guardian for specific purpose
113 Court may impose conditions to facilitate return of child or young person
114 Effect of guardianship order
115 Disputes between guardians
116 Review of guardian's decision or refusal to give consent
117 When guardianship orders to cease to have effect
118 Reversion of guardianship on expiry or discharge of guardianship order
119 Guardianship of child or young person on death of person appointed as guardian under this Act
Effect of custody and guardianship orders on jurisdiction under Care of Children Act 2004
120 Restriction on making of guardianship and parenting orders under Care of Children Act 2004
Access and exercise of other rights
121 Court may make orders for access and exercise of other rights by parents and other persons
122 Enforcement of access rights
123 Power of entry
124 Person executing warrant to produce evidence of authority and identity [Repealed]
Variation and discharge of orders
125 Application for variation or discharge of orders made under this Part
126 Persons who may apply for variation or discharge of order
126A Court may direct holding of family group conference to consider application
127 Court may vary or discharge order
Plans for children and young persons
128 Court to obtain and consider plan for child or young person before making certain orders
129 Court to direct who is to prepare plan
130 Content of plans
131 Adjournment for purposes of obtaining plan
132 Access to plans
133 Court may order plan not to be disclosed
134 Court to set date for review of plan
135 Review of plan
136 Access to reports and revised plans
137 Court to consider report and make directions
138 Court to set date for further review of plan
Agreements for care of children and young persons
139 Agreements for temporary care of children and young persons by chief executive, iwi social services, etc
140 Agreements for extended care of children and young persons by chief executive, iwi social service, etc
141 Agreements for extended care of severely disabled children and young persons
142 Agreements with persons providing residential disability care
143 All parents or guardians not required to be party to agreement
144 Agreement not to be made without consent of child or young person
145 Agreement not to be made without approval of family group conference
146 Form and terms of agreements
147 Further restrictions on making of agreements
148 Effect of agreements
149 Agreement may provide for consent to medical treatment
Part 3
Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Courts having jurisdiction under Parts 2 and 3A
150 Jurisdiction of Family Courts
151 Jurisdiction of District Courts in cases of urgency
Service of applications
152 Service of application for declaration
153 Notice of application for declaration to be given to child or young person
154 Service of application for variation or discharge of order
155 Court may dispense with service
Attendance of parties at hearing
156 Court may require party to attend hearing
157 Court may require child or young person to attend hearing
Joint hearings
158 Applications may be heard together
Appointment of persons to represent child or young person or assist court
159 Appointment of barrister or solicitor to represent child or young person
160 Appointment of barrister or solicitor to assist court
161 Further provisions relating to barrister or solicitor appointed under section 159 or section 160
162 Payment of barrister or solicitor appointed under section 159 or section 160
163 Appointment of lay advocate
164 Further provisions relating to lay advocate
165 Payment of lay advocate
Attendance at hearings and right to make representations
166 Persons entitled to be present at hearing of proceedings in Family Court
167 Child or young person may give evidence in private
168 Other powers of court to hear proceedings in private or exclude persons not affected
169 Right to make representations
Mediation conferences
170 Calling of mediation conference
171 Objectives of mediation conference
172 Procedure at mediation conference
173 Presiding Judge to make record of proceedings at mediation conference
174 Power of presiding Judge to make consent orders
175 Power to require attendance at mediation conference
176 Privilege
177 Presiding Judge may hear subsequent proceedings
Reports
178 Medical, psychiatric, and psychological reports
179 Further provisions relating to medical, psychiatric, and psychological examinations
180 Fees for reports prepared under section 178
181 Court may order examination to be carried out in psychiatric hospital
182 Release of child or young person from psychiatric hospital where detention no longer required
183 Review of order made under section 178 or section 181
184 Court may indicate matters to be dealt with in report
185 Sections to have effect in place of sections 38 to 44 of Criminal Procedure (Mentally Impaired Persons) Act 2003
186 Report by social worker
187 Cultural and community reports
188 Privilege for reports
189 Adjournment for purposes of obtaining report
190 Reports may be made orally
191 Access to reports
192 Court may order report not to be disclosed
193 Right to tender evidence on report
194 Court may call person making report as witness
Miscellaneous provisions
195 Evidence
196 Special provisions applying to disclosure of communications to medical practitioner or clinical psychologist
197 Standard of proof
198 Special provisions applying to applications for declaration on ground of child's offending
199 Power of court to call witnesses
200 Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly
201 Adjournments
202 Orders by consent
203 Costs
204 Rehearings
205 Preventing removal of child or young person from New Zealand
206 Offence to take child or young person out of New Zealand where proceedings pending
207 Vexatious proceedings
Part 3A
Trans-Tasman transfer of protection orders and protection proceedings
Purpose of Part
207A Purpose of Part
Interpretation
207B Interpretation
207C Meaning of protection order
Transfer of protection orders from New Zealand by chief executive
207D Chief executive may transfer protection order
207E Chief executive to have regard to certain matters
207F Consent required
207G Consultation required
207H Conditions and duration of order to be transferred
207I Notice of decision to transfer
207J Review of decision to transfer
Transfer of protection orders from New Zealand by order of court
207K Court may order transfer of protection order
207L Service of application
207M Court to have regard to certain matters
207N Terms, conditions, and duration of order to be transferred
207O Appeal against order for transfer
207P Review of order for transfer
Transfer of protection proceedings from New Zealand by order of court
207Q Court may order transfer of protection proceedings
207R Service of application
207S Court to have regard to certain matters
207T Interim order
207U Appeal against order for transfer
207V Review of order for transfer
207W Transferred proceedings discontinued
Transfer of protection orders and protection proceedings to New Zealand
207X Registration of orders and proceedings to be transferred to New Zealand
207Y Notice of registration
207Z Effect of registration
207ZA Court to obtain plan for child or young person
207ZB Hearing and determination of transferred proceedings
207ZC Aboriginal or Torres Strait Islander children or young persons
207ZD Application to have registration revoked
207ZE Service of application
207ZF Revocation of registration
207ZG Notice of revocation
207ZH Effect of revocation on plan and documents
Miscellaneous provisions
207ZI Expiry and revival of order transferred from New Zealand
207ZJ Expiry and revival of ancillary orders
207ZK Transfer of court file
207ZL Disclosure of information to interstate officer
207ZM Information disclosed to chief executive by interstate officer
207ZN Department not to disclose information identifying notifier
207ZO Written consent of interstate officer
Part 4
Youth justice
Principles
208 Principles
Warnings and formal Police cautions
209 Consideration of warning as alternative to prosecution
210 Administration of warning
211 Formal Police caution
212 Notice of warning or caution
213 Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings
Arrest of child or young person without warrant
214 Arrest of child or young person without warrant
Rights of children and young persons when questioned, charged with offence, or arrested
215 Child or young person to be informed of rights before questioned by enforcement officer
215A Rights to be explained to child or young person on request
216 Enforcement officer to explain rights to child or young person who is to be charged with offence
217 Rights to be explained to child or young person who is arrested
218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
219 Explanations not required if child or young person already informed of rights
220 Other enactments requiring information or particulars not affected
Provisions relating to admissibility of statements made by children and young persons
221 Admissibility of statements made by children and young persons
222 Persons who may be nominated for the purposes of section 221(2)(b) or (c)
223 Section 221 not to apply where statement made before requirements of that section can be met
224 Reasonable compliance sufficient
225 Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected
226 Evidence of communications during consultation not admissible
Entitlement to consult barrister or solicitor
227 Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor
228 Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital
Notification of parents and other persons where child or young person being questioned or is arrested
229 Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested
230 Evidence of communications during visit not admissible
231 Persons who may be nominated for the purposes of section 229(1)(a)
232 Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person
Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
233 Breath-alcohol and blood-alcohol provisions of Land Transport Act 1998 not affected
Custody of child or young person following arrest or pending hearing
234 Custody of child or young person following arrest
235 Child or young person who is arrested may be placed in custody of chief executive
236 Young person who is arrested may be detained in Police custody
237 Child or young person who is arrested to be brought before court as soon as possible
238 Custody of child or young person pending hearing
239 Restrictions on power of court to order child or young person to be detained in custody
239A Expiry of sections 238(1A) to (1C), and 239(3)
240 Conditions of bail
241 Review of orders made under section 238
242 Order under section 238 sufficient authority for detention of child or young person
243 Other powers to grant bail not affected
Powers under Immigration Act 1987 not affected
244 Immigration Act 1987 (other than sections 126(4) and 142) not affected
Prosecution of children and young persons
245 Proceedings not to be instituted against young person unless youth justice co-ordinator consulted and family group conference held
246 Procedure where young person arrested and brought before court
247 Youth justice co-ordinator to convene family group conference
248 Family group conference not required in certain cases
249 Time limits for convening of family group conferences
250 Consultation on convening of family group conference
251 Persons entitled to attend family group conference
252 Child or young person in custody to be permitted to attend family group conference
253 Notification of convening of family group conference
254 Youth justice co-ordinator to ascertain views of persons unable to attend family group conference
255 Youth justice co-ordinator to ensure that relevant information and advice made available to family group conference
256 Procedure at family group conference
257 Department to provide administrative services to family group conferences
258 Functions of family group conference
259 Family group conference to ascertain whether child or young person admits offence
260 Family group conference may make decisions and recommendations and formulate plans
261 Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person
262 Youth justice co-ordinator to make record of decisions, recommendations, and plans of family group conference
263 Youth justice co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
264 Procedure where no agreement possible
265 Records of decisions, recommendations, and plans of family group conference to be made available to interested persons
266 Department to maintain records of proceedings of family group conferences
267 Enforcement agencies to comply with decisions, recommendations, and plans of family group conference
268 Chief executive to give effect to decisions, recommendations, and plans of family group conference
269 Chief executive may provide financial assistance to enable decisions, etc, of family group conference to be carried out
270 Family group conference may reconvene to review its decisions, recommendations, and plans
271 Proceedings of family group conference privileged and not to be published
Jurisdiction of Youth Courts
272 Jurisdiction of Youth Court
273 Manner of dealing with summary offences and indictable offences (other than purely indictable offences)
274 Manner of dealing with purely indictable offences or where person elects jury trial
275 Young person may forego right to jury trial and elect to have proceedings determined by Youth Court
276 Young person may plead guilty and elect to be dealt with by Youth Court
277 Provisions applicable where young person charged jointly with person who is not a young person
278 Parent or guardian may be summoned to appear when young person charged with offence
279 Court to consider recommendations of family group conference
280 Court may refer case to care and protection co-ordinator to determine whether matter should be dealt with under Part 2
Disposal of proceedings in Youth Court
281 Court not to make orders unless family group conference held
281A Court to consider whether family group conference should be held
281B Court may direct holding of family group conference at any time
282 Power of court to discharge information
283 Orders of the court
284 Factors to be taken into account on sentencing
285 Restrictions on power of court to make certain orders under section 283
286 Person or organisation not to be required to supervise young person without consent
287 Reparation limited to direct loss
288 Order not to be made in respect of parent or guardian unless given opportunity to be heard
289 Restriction on imposition of supervision with activity order
290 Restrictions on imposition of supervision with residence or transfer to District Court for sentence
291 Transfer of other charges to District Court for sentence
292 Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm [Repealed]
293 Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property
293A Disqualification from driving
294 Demerit points
295 Recall to come before court
Expiry of orders
296 Expiry of orders
Powers of court where young person already subject to order made under this Part
297 Powers of court in dealing with young person subject to order made under this Part
Community work order
298 Community work order
299 Failure to comply with community work order
300 Variation or cancellation of community work order
301 Procedural provisions relating to application under section 300
302 Application of Injury Prevention, Rehabilitation, and Compensation Act 2001 to young persons performing work under community work order
303 Effect of subsequent sentence
Provisions relating to supervision orders and supervision with activity orders
304 Duty of chief executive to provide for supervision
305 Conditions of supervision order
306 Power of court to impose additional conditions
307 Supervision with activity order
308 Conditions of supervision with activity order
309 Failure to observe conditions of supervision order or supervision with activity order
310 Suspension, cancellation, and variation of supervision order or supervision with activity order
Supervision with residence orders
311 Supervision with residence order
312 Effect of supervision with residence order
313 Court may make orders for access and exercise of other rights by parents and other persons
314 Chief executive may release young person from custody before expiry of supervision with residence order
315 Supervision with residence order to cease to run if young person absconds
316 Court may cancel supervision with residence order if young person absconds
317 When supervision with residence order ceases to have effect
318 Search without warrant
319 Medical treatment of young person in custody of chief executive
Reports on effectiveness of orders
320 Report to be made to court on effectiveness of certain orders
Part 5
Provisions relating to procedure in Youth Court
General
321 Application of District Courts Act 1947, Summary Proceedings Act 1957, Bail Act 2000, and Criminal Disclosure Act 2008
322 Time for instituting proceedings
Youth advocates
323 Appointment of youth advocate to represent child or young person
324 Further provisions relating to youth advocate
325 Payment of youth advocate
Lay advocates
326 Appointment of lay advocate
327 Functions of lay advocate
328 Further provisions relating to lay advocate
328A Payment of lay advocate
Attendance at hearings and right to make representations
329 Persons entitled to be present at hearing
330 Right to make representations in Youth Court
Arrangements for hearings in Youth Courts
331 Matters before court to be dealt with separately
332 Arrangements for hearing of proceedings in Youth Court
Reports
333 Medical, psychiatric, and psychological reports
334 Report by social worker
335 Report to be accompanied by plan
336 Court may obtain cultural or community report
337 Reports may be made orally
338 Privilege for reports
339 Access to reports and plans under this Part
Written statement of terms of orders
340 Written statement of terms of certain orders to be given to young person
Part 6
Appeals
Appeals from decisions of Family Courts
341 Rights of appeal against decisions of Family Courts
342 Procedure for bringing appeal [Repealed]
343 Notice of appeal to be given to local principal manager
344 Notice of appeal not to affect orders unless court otherwise directs
345 Interim custody order pending appeal
346 Procedure on appeal
347 Appeal to Court of Appeal
348 Determination of appeals
349 Court may refer appeals back for reconsideration [Repealed]
350 Decision of High Court and Family Court to be sent to chief executive
Appeals from decisions of Youth Court
351 Appeals from decisions of Youth Court by young person
352 Appeal by parents or guardians or other persons having care of young person
353 Appeal by persons other than young person dealt with in Youth Court
354 Appeal on a point of law only
355 Application of Part 4 of Summary Proceedings Act 1957
356 Effect of notice of appeal on certain orders
357 Application of section 329 to hearing of appeal
358 Presence of young person at hearing of appeal
359 Presence of parents at hearing of appeal from decisions of Youth Court
360 Notification of appeal and result of appeal to local principal manager
Part 7
Children and young persons in care of chief executive or other persons or bodies
361 Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395
Placement of children and young persons
362 Children and young persons may be placed in care of approved persons
363 Payment to person or organisation providing care
Residences
364 Authority to establish residences
364A Residence management committees [Repealed]
364B Functions of residence management committees [Repealed]
365 Chief executive may place children and young persons in residences
366 Closing of residences and transfer of residents
Secure care
367 Secure care
368 Grounds for placement in secure care
369 Notice to be given where child or young person placed in secure care
370 Time limits on detention in secure care
371 Application for approval for continued detention in secure care
372 Registrar may authorise continued detention in secure care until application is determined
373 Persons entitled to be present at hearing of application under section 371
374 Right to make representations
375 Hearing to be held in residence wherever practicable
376 Court may authorise continued detention in secure care
377 Renewal of approval for continued detention in secure care
378 Notification of decision of court
379 Review of decision to grant or renew approval
380 Application for review of detention in secure care
381 Notice of application for review of detention in secure care
382 Disposal of application for review of detention in secure care
383 Review of refusal of application
383A Lapse of authority for detention in secure care
Discipline
384 Discipline of children and young persons in residences
Searches
384A Interpretation
384B Inspection of mail
384C Child or young person may be searched to detect unauthorised items
384D Use of dogs for searching
384E Child or young person may be strip searched
384F Explanation of purpose and consequences of inspections and searches
384G Restrictions on searches
384H Use of force in carrying out search
384I Recording of inspections and searches
384J Child or young person may make complaint
384K Power to seize articles, etc, found on inspection or search
Absconding by children and young persons
385 Children and young persons who abscond
386 Search warrants
Financial matters
387 Chief executive empowered to make payments for benefit of children and young persons
388 Financial and other assistance in respect of children and young persons subject to orders made under this Act
389 Financial and other assistance in other cases
390 Power to control finances of young persons under guardianship or in custody
391 Imposition of charge to meet expenses of providing care for children and young persons
392 Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order
Maintenance
393 Recovery of cost of maintenance of children and young persons in care [Repealed]
Limitation on tortious liability
394 Limitation on tortious liability of chief executive and other persons having care of child or young person
Reporting of deaths
395 Police to be notified of deaths
Part 8
Provisions relating to iwi social services, cultural social services, child and family support services, and community services
Iwi social services, cultural social services, and child and family support services
396 Approval of iwi social services, cultural social services, and child and family support services
397 Restrictions on granting of approval
398 Chief executive not to decline application without giving applicant opportunity to make submissions
399 Revocation of approval
400 Assessment of iwi social services, etc
401 Powers of persons carrying out assessment of iwi social service, etc
402 Convener of iwi social service or cultural social service to have power of decision for purposes of this Act
Community services
403 Approval of community services
404 Chief executive not to decline application without giving applicant opportunity to make submissions
405 Revocation of approval
406 Financial assistance to community services
407 Chief executive may contract with community services for provision of services
408 Assessment of community services
409 Powers of person carrying out assessment of community service
Part 9
Commissioner for Children
[Repealed]
Appointment and functions
410 Commissioner for Children [Repealed]
411 Functions of Commissioner [Repealed]
Proceedings of Commissioner
412 Powers of Commissioner [Repealed]
413 Commissioner may regulate own procedure [Repealed]
414 Commissioner not to make adverse comment unless opportunity to be heard given [Repealed]
415 Annual report [Repealed]
Conditions of employment
416 Appointment of Commissioner [Repealed]
417 Term of office and conditions of employment of Commissioner [Repealed]
418 Removal from office [Repealed]
419 Superannuation or retiring allowances [Repealed]
Miscellaneous provisions
420 Proceedings privileged [Repealed]
421 Commissioner deemed to be official [Repealed]
422 Money to be appropriated by Parliament for purposes of this Part [Repealed]
Part 10
Miscellaneous provisions
Care and protection co-ordinators and youth justice co-ordinators
423 Appointment of care and protection co-ordinators
424 Duties of care and protection co-ordinator
425 Appointment of youth justice co-ordinators
426 Duties of youth justice co-ordinator
427 Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker
Care and protection resource panels
428 Care and protection resource panels
429 Functions of care and protection resource panels
430 Care and protection resource panels may regulate own procedure
431 Annual report
432 Fees and allowances
Youth Courts
433 Establishment of Youth Courts
434 Principal Youth Court Judge
435 Designation of Youth Court Judges
435A Stationing of Judges and sittings of courts
436 District Court Judge may exercise jurisdiction in absence of Youth Court Judge
Miscellaneous provisions relating to proceedings under this Act
437 Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person
437A Publication of reports of proceedings under Part 2, Part 3A, or section 371
438 Publication of reports of proceedings under Part 4
439 Proceedings not invalid because of mistake as to age
440 Proceedings not to be questioned for want of form
441 Court may determine age of child or young person in absence of evidence
442 No court fees payable
443 Issue and execution of warrants
444 Liability of persons providing reports
445 Witnesses expenses
Search warrants
445A Person executing warrant to produce evidence of authority and identity
445B Authority to use facsimile copy of warrant
445C Issue and execution of warrants
Offences
446 Offences
446A Children and young persons to whom section 446B applies
446B Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A
Regulations
447 Regulations
448 Rules of procedure
448A Transitional provisions relating to rules
Part 11
Amendments to other enactments, repeals, savings, and transitional provisions
Amendments to other enactments
449 Consequential amendments
450 Adoption Act 1955 amended
451 Department of Social Welfare Act 1971 consequentially amended [Repealed]
452 Local Government Act 1974 consequentially amended [Repealed]
453 Summary Offences Act 1981 amended
454 Criminal Justice Act 1985 amended
455 Child Care Regulations 1985 consequentially amended
Repeals and savings
456 Repeals and savings
Transitional provisions
457 Complaints [Repealed]
458 Informations [Repealed]
459 Guardianship orders [Repealed]
460 Plans and reports to be furnished to court in respect of orders deemed to be guardianship orders under this Act [Repealed]
461 Review of orders deemed to be guardianship orders under this Act [Repealed]
462 Applications for review of guardianship orders [Repealed]
463 Supervision orders [Repealed]
464 Applications for review of supervision orders [Repealed]
465 Complaints for failure to observe conditions of supervision order [Repealed]
466 Agreements for control of child or young person by the Director-General [Repealed]
467 Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed]
467A Building Act 2004
468 Agreements for assumption of care of child or young person by manager of home or recognised system of foster care [Repealed]
469 Administration of property by Public Trustee [Repealed]
Schedule 1
Provisions applied to Youth Courts and to proceedings in such courts
Schedule 2
Enactments amended
Schedule 3
Enactments repealed
Reprint notes