Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 102

102 Court’s jurisdiction and constitution

(1) The Childrens Court must be constituted by a judge when exercising its jurisdiction to hear appeals against decisions of the court constituted in another way.

(2) The Childrens Court must be constituted by a judge or magistrate when exercising its jurisdiction to decide applications for child protection orders.

(3) The Childrens Court must be constituted by a judge or magistrate or 2 justices of the peace (magistrates court) when exercising its jurisdiction to—

(a) decide applications for court assessment orders; or

(b) make interim orders on applications for court assessment orders or child protection orders or adjourn the hearing of the applications.

Note—

Under the Acts Interpretation Act 1954 , section 24AA , the court has power to amend or repeal an instrument or decision it is authorised or required to make. The power is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.

(4) Subsection (3) has effect despite the Justices of the Peace and Commissioners for Declarations Act 1991 , section 29 (4) .

Note—

Under the Justices of the Peace and Commissioners for Declarations Act 1991 , section 29 (4) , the exercise of powers of justices of the peace (magistrates court) constituting a court are limited unless expressly provided in the Act conferring powers on the justices.