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CHILDREN'S COURT OF WESTERN AUSTRALIA ACT 1988 - SECT 28

28 .         Court may re-hear proceedings

        (1)         Subject to this section, the Court may order that any original proceedings in which an order (not being an order made following conviction on indictment) was made against a child under the Young Offenders Act 1994 or the Children and Community Services Act 2004 are to be reheard.

        (2)         An order may be made under subsection (1) by the Court when constituted by the President of the Court’s own motion or upon cause being shown on the application of —

            (a)         the CEO (young offenders) or the CEO as defined in section 3 of the Children and Community Services Act 2004 ; or

            (b)         a parent or guardian of the child against whom an order may be made in those proceedings; or

            (c)         a child to whom the proceedings relate; or

            (d)         the prosecutor in those proceedings.

        (3)         The Court rehearing any proceedings under this section —

            (a)         is not required to be constituted in the same manner as the Court before which the original proceedings were heard; and

            (b)         shall not be constituted by JPs sitting alone; and

            (c)         has power to set aside or vary any finding or order made in the original proceedings; and

            (d)         has power to make any finding or order which could have been made in the original proceedings.

        (4)         Except where the Court considers that it is just to do so, no new evidence shall be admitted at the rehearing of any proceedings under this section.

        (5)         Where any proceedings are re-heard under this section the proceedings as so re-heard shall not be taken to have been original proceedings for the purposes of any further application under this section, but nothing in this section derogates from any right that may be available to any person by way of appeal.

        [Section 28 amended: No. 31 of 1993 s. 29; No. 104 of 1994 s. 227; No. 57 of 1997 s. 31; No. 34 of 2004 s. 251; No. 59 of 2004 s. 73; No. 84 of 2004 s. 80; No. 65 of 2006 s. 56.]



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