Part 1 Preliminary
1 Name of Regulation
This Regulation is the Children’s Court Regulation 2014.
2 Commencement
This Regulation commences on 1 September 2014 and is required to be published on the NSW legislation website.Note—This Regulation replaces the Children’s Court Regulation 2009, which is repealed on 1 September 2014 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) In this Regulation:the Act means the Children’s Court Act 1987.(2) Notes included in this Regulation do not form part of this Regulation.
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 91I (Right of appeal) (as inserted by the Child Protection Legislation Amendment Act 2014),(c) section 109V (Powers of District Court and Children’s Court to hear fresh bail application),(d) section 231K (Appeals),(e) section 231O (Appeals).(2) For the purposes of subclause (1), a reference to the District Court in section 91, 91I, 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 Schedule 2 to Bail Act 2013
(1) An appeal under clause 17 of Schedule 2 to the Bail Act 2013 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 clause 17 of Schedule 2 to the Bail Act 2013 is to be construed as including a reference to the Supreme Court.(3) For the avoidance of doubt, clause 6 extends to appeals under Part 3 of the Crimes (Appeal and Review) Act 2001 as applied to decisions of the Presidential Children’s Court by clause 17 of Schedule 2 to the Bail Act 2013 (as modified by this clause).
9 Appeals relating to youth conduct orders
(1) An appeal under section 48O of the Children (Criminal Proceedings) Act 1987 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
10 Savings
(1) Any act, matter or thing that, immediately before the repeal of the Children’s Court Regulation 2009, had effect under that Regulation continues to have effect under this Regulation.(2) Without limiting subclause (1) or section 30 of the Interpretation Act 1987, the repeal of clauses 10 and 11 of the Children’s Court Regulation 2009 does not affect the continued operation of those clauses.