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Legislation (Repeal and Amendment)
Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Children and Young Persons (Care and
Protection) Bill 1998.
( a ) to repeal the Children (Care and Protection) Act 1987. and
( b )
to amend the Children's Court Act 1987:
*
to provide for the appointment of Children's Registrars
*
to specify the qualifications for appointment of a Children's
Magistrate
*
to make further provision concerning the status and functions of
the Senior Children's Magistrate
*
to abolish the office of authorised Magistrate. and
( c ) to amend certain other Acts as a consequence of the enactment of the
Children and Young Persons (Care and Protection) Act 1998.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 repeals the Children (Care and Protection) Act 1987.
Clause 4 is a formal provision giving effect to the Schedule of amendments
to the Children's Court Act 1987.
Clause 5 is a formal provision giving effect to the Schedule of amendments
to certain other Acts.
Schedule 1
Amendment of Children's Court Act 1987
The Children's Court Act 1987 is amended both in consequence of the
enactment of the Children and Young Persons (Care and Protection) Act
1998 and in ways that are not consequential on that enactment.
Schedule 1 [7] inserts proposed section 10A in the Children's Court Act 1987
(the Principal Act). The proposed section makes provision for Children's
Registrars. who are to exercise certain functions under the Children and
Young Persons (Cure
and Protection) Act 1998. Schedule 1 [2], [8] and [16]
make consequential amendments.
Schedule 1 [3] repeals and re-enacts section 7
(2) of the Principal Act. That
subsection specifies the qualifications for appointment as a Children's
Magistrate. The new qualifications include certain knowledge and skills (as
well as training and experience). Schedule l [4] inserts proposed section 7
(2A). which requires Children's Magistrates to complete certain ongoing
courses of training.
Schedule 1 [5] inserts proposed section 8 (4) in the Principal Act. The
proposed subsection provides that the Senior Children's Magistrate is taken
to be a Deputy Chief Magistrate. Schedule 1 [13] inserts proposed section 16
(1) (e)-(g). which expand the functions of the Senior Children's Magistrate.
Schedule 1 [11] and [12] make consequential amendments.
Schedule 1 [6] repeals section 10 of the Principal Act. The effect of the
repeal is the abolition of authorised Magistrates. (Authorised Magistrates are
not specialist Children's Magistrates, but are Magistrates who may exercise
the jurisdiction of the Children's Court when sitting at places specified in a
proclamation made under section
10.) Schedule 1 [ 1 ] . [ 9]. [14] and [15]
make consequential amendments.
Explanatory note page 2
Schedule 1 [10] inserts proposed Part 3A. containing sections 15A and 15B,
in the Principal Act.
Proposed section 15A provides for the establishment of a Children's Court
Advisory Committee. The functions of the Committee include providing
advice to the Attorney General, the Minister for Community Services and the
ChiIdren's Court.
Proposed section 15B provides for the establishment of a Children's Court
Clinic. Its functions include making clinical assessment of children and
submitting reports to courts.
Schedule 1 [17] is a formal provision giving effect to the Schedule of savings
and transitional provisions inserted in the Principal Act by Schedule 1 [18].
Schedule 2
Amendment of other Acts
Schedule 2 amends various other Acts in consequence of the enactment of
the Children and Young Persons (Care and Protection) Act 1998.
Explanatory note page 3