Western Australian Current Acts
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CHILDREN'S COURT OF WESTERN AUSTRALIA ACT 1988
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Application of certain Acts
5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
PART 2 -- Children’s Court of Western Australia
Division 1 -- Establishment and constitution
5. Establishment of Court
6. Constitution of Court
6A. Protection of judicial officers
Division 2 -- Judges and magistrates
7. Appointment, terms, conditions etc. of judges
8. Tenure of office
8A. Absence etc. of President
9. Acting judge
10. Appointment of magistrates
11. Work of magistrates appointed to both Magistrates Court and Children’s Court
12. Oath or affirmation of office
12A. President may assign duties to magistrates
Division 3 -- Sittings of the Court
13. Where and when Court operates
14. Power to sit in chambers
15. Police officers to attend Court
Division 4 -- Officers of the Court
16. Appointment of registrars etc.
17. Duties of registrar
18. Power of registrars to administer oaths etc.
PART 3 -- Jurisdiction of the Court
19. Criminal jurisdiction as regards children
19A. Application of sections 19B to 19E
19B. Jurisdiction and procedure for charges of indictable offences
19C. Court may transfer charge to Magistrates Court where child and adult charged with same offence
19D. Court may transfer charge to Magistrates Court where accused has turned
19E. Procedure for charges of Commonwealth indictable offences
19F. Rules
20. Non-criminal jurisdiction as regards children
21. Limitations on exercise of certain jurisdiction
22. President may extend powers of magistrate
23. Court may require attendance of parent or guardian
27. Certain orders may be set aside
28. Court may re-hear proceedings
29. Witnesses and contempt
30. Transfer of complaint to court of competent jurisdiction
PART 4 -- Procedure of the Court
31. Exclusion of persons from hearing
33. CEOs or officers may take part in proceedings
34. Court must explain proceedings
35. Restrictions on reports of proceedings
36. Disclosure of convictions, orders etc. restricted
36AA. Disclosure for certain research purposes
36A. Supreme Court may allow publication etc.
37. Practice and procedure
38. Rules of court
39. Mode of enforcing orders by Court
39A. Judgments, enforcement of
PART 5 -- Review and appeal
40. Review by President of certain sentences
41. Appeals against decisions of magistrates etc.
42. Appeal against certain other orders
42A. Appeals from judges’ decisions in criminal matters
43. Appeals to Court of Appeal
PART 7 -- Miscellaneous
51. Forms of proceedings
51A. Court’s records, access to
52. Regulations
53. Fees, regulations may prescribe
PART 8 -- Transitional provisions for Courts Legislation Amendment (Magistrates) Act 2022
54. Magistrates performing Children’s Court functions before commencement of Courts Legislation Amendment (Magistrates) Act 2022
SCHEDULE 1 -- Oath and affirmation of office
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