Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 259

259 Show cause hearing

(1) At the show cause hearing—

(a) evidence and submissions in the case against the child are to be treated as evidence and submissions in the show cause hearing; and

(b) further evidence may be given and submissions made; and

(c) the parent may require a witness whose evidence is admitted under paragraph (a) to be recalled to give evidence; and

(d) the parent may require any fact stated in submissions mentioned in paragraph (a) to be proved.

(2) Subject to subsection (1) —

(a) the determination of the issues on the show cause hearing must be by way of a fresh hearing on the merits; and

(b) the court is not bound by a determination made by it under section 258 .

(3) If the parent was called on to show cause on the prosecution’s application, the prosecution is a party to the show cause hearing.

(4) If the parent was called on to show cause by the court’s own initiative the prosecution, which in this case always includes the director of public prosecutions, may at the show cause hearing—

(a) appear and give the court the assistance it may require; or

(b) intervene as a party with the court’s permission.

(5) If, on consideration of the evidence and submissions mentioned in subsection (1) (a) and (b) , a court is satisfied of the matters mentioned in section 258 (1) (a) , (b) and (c) , the court may make an order requiring the parent to pay compensation.

(6) The court is to make its decision on the basis of proof beyond a reasonable doubt.

(7) The maximum amount of compensation payable under an order is 67 penalty units.

(8) The order must direct that—

(a) the amount must be paid by a time specified in the order or by instalments specified in the order; and

(b) the amount must be paid in the first instance to the proper officer of the court.

(9) In determining the amount to be paid by a parent by way of compensation, the court must have regard to the parent’s capacity to pay the amount, which must include an assessment of the effect any order would have on the parent’s capacity to provide for dependants.

(10) A court may proceed under this section in the absence of the parent if the court is satisfied that the parent has been given notice of the show cause hearing under section 258 .

(11) A show cause hearing may be heard before the court as constituted when calling on the parent to show cause, or as otherwise constituted.

(12) To remove doubt, it is declared that the chief executive (child safety) can not be ordered to pay compensation under subsection (5) .