Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 71

71 Consequence of parent’s absence

(1) This section applies if a parent of a child against whom a finding or order has been made in a proceeding for an offence satisfies the court on application that—

(a) the child was dealt with when no parent was present; and

(b) the parent making the application was—

(i) not aware of the time and place of the proceeding in sufficient time to allow the parent to be present; or

(ii) unable to attend for sufficient reason.

(2) The court may set aside the finding or order if it considers that it is in the interests of justice to do so, for example if it considers that the child’s capacity to make an election or other decision relating to the proceeding was adversely affected.

(3) The matter determined by the finding or order must then be heard and determined afresh.

(4) The application must be made within 28 days of the finding or order.