Queensland Consolidated Acts

CHILDRENS COURT ACT 1992 - SECT 5

5 Members and constitution of the Childrens Court

(1) The members of the Childrens Court are the judicial officers mentioned in subsections (2) and (3) .

(2) If an Act expressly requires the Childrens Court to be constituted by a Childrens Court judge, the court must be constituted by either of the following—

(a) a Childrens Court judge;

(b) if a Childrens Court judge is not available—a District Court judge.

Examples of when a Childrens Court judge is not available—

1 A child is committed to be tried or sentenced before a Childrens Court judge at a place where the Childrens Court sits only a few times in a year. At the time the child would ordinarily be dealt with at the place, there is no Childrens Court judge available, but a District Court judge is available. The District Court judge may constitute the Childrens Court and deal with the child.

2 A child is due to be tried or sentenced before a Childrens Court judge. A Childrens Court judge is present at the place and at the time but, in the judge’s capacity as a District Court judge, is needed for the jurisdiction of the District Court. Another District Court judge is available. The other District Court judge may constitute the Childrens Court and deal with the child.

(3) If the Childrens Court is not required to be constituted by a Childrens Court judge, it may be constituted by—

(a) a Childrens Court magistrate; or

(b) if a Childrens Court magistrate is not available—any magistrate; or

(c) if neither a Childrens Court magistrate nor other magistrate is available—2 justices of the peace.

(4) Subsection (3) (c) does not affect the limitations placed on justices of the peace under the Justices of the Peace and Commissioners for Declarations Act 1991 or another Act.

(5) In this section—

"available" means available having regard to the orderly and expeditious exercise of the jurisdiction of the District Court and Childrens Court.