Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 258

258 Notice to parent of child offender

(1) This section applies if it appears to a court, on the evidence or submissions in a case against a child found guilty of a personal or property offence, that—

(a) compensation for the offence should be paid to anyone; and

(b) a parent of the child may have contributed to the fact the offence happened by not adequately supervising the child; and

(c) it is reasonable that the parent should be ordered to pay compensation for the offence.

(2) The court may decide to call on a parent of the child to show cause, as directed by the court, why the parent should not pay the compensation.

(3) The court may act under subsection (2) on its own initiative or on the prosecution’s application.

(4) If the parent is present in court when the court decides to call on the parent to show cause, the court may call on the parent to show cause by announcing its decision in court.

(5) If a court calls on a parent under subsection (2) , the court must—

(a) reduce its grounds to writing; and

(b) give a copy to the parent.

(6) The court in all cases, instead of acting under subsection (2) , may cause the proper officer of the court to give written notice to the parent calling on the parent to show cause as directed by the notice why the parent should not pay the compensation.

(7) If a parent is called on under subsection (4) —

(a) the court must reduce its grounds to writing; and

(b) a copy of the grounds must be given, in accordance with the court’s directions (if any), to the parent a reasonable time before the show cause hearing.

(8) A proceeding under this section or section 259 is a civil proceeding and a court may make an order for the costs of the proceeding.

(9) In this section—

"compensation" for the offence means compensation for—

(a) loss caused to a person’s property whether the loss was an element of the offence charged or happened in the course of the commission of the offence; or

(b) injury suffered by a person, whether as the victim of the offence or otherwise, because of the commission of the offence.