Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 25

Power to adjourn proceeding1

25. Power to adjourn proceeding1



(1) Subject to this section, the Court may, on the application of a party to a
proceeding or without any such application, adjourn the hearing of the
proceeding-

   (a)  to such times and places; and

   (b)  for such purposes; and

   (c)  on such terms as to costs or otherwise-

as it considers necessary or just in the circumstances.

(1A) Without limiting sub-section (1), the Court may, on adjourning the
hearing of a proceeding in the Family Division, require the child or his or
her parent to enter into (whether orally or in writing) an undertaking to
appear, or to produce the child, before the Court on the resumption of the
hearing of the proceeding.

(2) If the Court has adjourned the hearing of a proceeding to a particular
time, it may order that the hearing be held or resumed before that time.





(3) The Court may only make an order under sub-section (2) with the consent of
all the parties or on the application of a party who has given reasonable
notice of the application to the other party or parties.

(4) If the Court has adjourned the hearing of a proceeding to a particular
time and, in the case of a proceeding in the Criminal Division, has remanded
the child in custody or, in the case of a proceeding in the Family Division,
has placed the child in a secure welfare service, it may by order direct that
the child be brought before, or be brought to another place specified in the
order where facilities exist to enable the child (by audio visual link within
the meaning of Part IIA of the Evidence Act 1958) to appear before, the Court
at any time before then in order that the hearing may be held or resumed.

(5) The officer in charge of the remand centre or secure welfare service or
other officer in whose custody the child is must obey an order under
sub-section (4).

(5A) A child being removed from a remand centre or a secure welfare service to
be brought before the Court or to another place in compliance with an order
under sub-section (4) is, during the time of removal, deemed to be in the
legal custody of the member of the police force, protective services officer
or other officer having the custody of the child2.

(6) The Court must proceed with as much expedition as the requirements of this
Act and a proper hearing of the proceeding permit and, in deciding whether and
for how long to adjourn a proceeding under this section, the Court must have
regard to these requirements.

Division 5-Restriction on Publication of Proceedings