Part 1 Preliminary
1 Name of Regulation
This Regulation is the Children’s Court Regulation 2009.
2 Commencement
This Regulation commences on 1 June 2009 and is required to be published on the NSW legislation website.
3 Definition
In this Regulation:the Act means the Children’s Court Act 1987.
Part 2 Appeals in relation to decisions of Presidential Children’s Court
4 Definitions
In this Part, appeal, decision and Presidential Children’s Court have the same meanings as in section 22A of the Act.
5 Appeals etc under Children and Young Persons (Care and Protection) Act 1998
(1) An appeal or review under any of the following sections of the Children and Young Persons (Care and Protection) Act 1998 is, if the appeal or review relates to a decision of the Presidential Children’s Court, taken to be an appeal to (or a review by) the Supreme Court and is subject to any relevant rules of court applying to appeals to (or reviews by) the Supreme Court:(a) section 91 (Appeals),(b) section 109V (Review of bail decisions),(c) section 231K (Appeals),(d) section 231O (Appeals).(2) For the purposes of subclause (1), a reference to the District Court in section 91, 109V, 231C (1) (b), 231G (b), 231K or 231O of the Children and Young Persons (Care and Protection) Act 1998 is to be construed as including a reference to the Supreme Court.
6 Appeals under Crimes (Appeal and Review) Act 2001
(1) An appeal under Part 3 of the Crimes (Appeal and Review) Act 2001 is, if the appeal relates to a decision of the Presidential Children’s Court, taken to be an appeal to the Supreme Court and is subject to any relevant rules of court applying to appeals to the Supreme Court.(2) For the purposes of subclause (1):(a) a reference in Part 3 of the Crimes (Appeal and Review) Act 2001 to the District Court is to be construed as including a reference to the Supreme Court, and(b) a reference in that Part to the proclaimed place in relation to any such appeal is to be disregarded.
7 Appeals relating to apprehended violence orders
(1) An appeal under section 84 (2) of the Crimes (Domestic and Personal Violence) Act 2007 is, if the appeal relates to a decision of the Presidential Children’s Court, taken to be an appeal to the Supreme Court and is subject to any relevant rules of court applying to appeals to the Supreme Court.(2) For the purposes of subclause (1), a reference to the District Court in section 39 (3), 40 (4), 45 (7), 75 (2), 84, 85 (3) or 93 of the Crimes (Domestic and Personal Violence) Act 2007 is to be construed as including a reference to the Supreme Court.
8 Appeals relating to forfeiture orders under Part 7A of Bail Act 1978
(1) An appeal under section 53N of the Bail Act 1978 is, if the appeal relates to a decision of the Presidential Children’s Court, taken to be an appeal to the Supreme Court and is subject to any relevant rules of court applying to appeals to the Supreme Court.(2) For the purposes of subclause (1), a reference to the District Court in section 53N of the Bail Act 1978 is to be construed as including a reference to the Supreme Court.
9 Appeals relating to youth conduct orders
(1) An appeal under section 48O of the Children (Criminal Proceedings) Act 1987 (as inserted by Schedule 1 [1] to the Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Act 2008) is, if the appeal relates to a decision of the Presidential Children’s Court, taken to be an appeal to the Supreme Court and is subject to any relevant rules of court applying to appeals to the Supreme Court.(2) For the purposes of subclause (1), a reference to the District Court in section 48N or 48O of the Children (Criminal Proceedings) Act 1987 is to be construed as including a reference to the Supreme Court.
Part 3 Miscellaneous
pt 3: Ins 2010 (13), cl 3.
10 Savings and transitional provision—existing Children’s Registrars
(1) Section 10A (1A) of the Act, as inserted by Schedule 2.2 [7] to the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009, does not apply in relation to a person who, immediately before the commencement of this clause, was employed as an officer under the Public Sector Employment and Management Act 2002 in the position of Children’s Registrar.(2) Subclause (1) does not apply in relation to any such person acting in the position of Children’s Registrar.cl 10: Ins 2010 (13), cl 3.
11 Transfer of Children’s Court Clinic staff to NSW Health Service
(1) The staff of the Children’s Court Clinic who are employed in the Department of Attorney General and Justice are, on the commencement of this clause, transferred to the NSW Health Service.(2) The terms and conditions under which any such member of staff is to be employed in the NSW Health Service are to be determined by the Director-General of the Department of Health until such time as provision is otherwise made in respect of the member of staff under the Health Services Act 1997 or any other law.(3) The NSW Health Service is prescribed as a public sector agency for the purposes of clause 8 of Schedule 2 to the Act.cl 11: Ins 2011 (315), cl 3.