Western Australian Current Acts

CHILDREN'S COURT OF WESTERN AUSTRALIA ACT 1988 - SECT 20

20 .         Non-criminal jurisdiction as regards children

        (1)         Subject to this Act, the Court has exclusive jurisdiction to hear and determine all applications made with respect to a child —

            (a)         under the Children and Community Services Act 2004 ; and

            (b)         under section 29 or 38(1) of the School Education Act 1999 .

        [(c)-(e)         deleted]

        (2A)         Subject to this Act and the Restraining Orders Act 1997 section 52, the Court has jurisdiction to hear and determine all applications made to the Court with respect to a child under the Restraining Orders Act 1997 .

        (2)         Section 172 of the Criminal Procedure Act 2004 , with any necessary changes, applies in respect of the Court when it is exercising jurisdiction under subsections (1) and (2A).

        (3)         Subject to this Act, the Court has exclusive jurisdiction to hear PBO proceedings under the Prohibited Behaviour Orders Act 2010 relating to —

            (a)         a person who is under 18 years of age; or

            (b)         a person who has reached 18 years of age but who committed the relevant offence referred to in the Prohibited Behaviour Orders Act 2010 section 8(2)(a)(ii) while he or she was under 18 years of age.

        [Section 20 amended: No. 19 of 1997 s. 81; No. 15 of 1998 s. 9; No. 36 of 1999 s. 247; No. 34 of 2004 s. 251; No. 84 of 2004 s. 14 and 80; No. 14 of 2008 s. 43(2); No. 59 of 2010 s. 43; No. 14 of 2013 s. 7; No. 23 of 2015 s. 14; No. 19 of 2016 s. 101; No. 20 of 2023 s. 18.]