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Children, Young Persons, and Their Families Act 1989

Sections and provisions with full text and the judgments that cite each one.

Section 430 — Care and Protection Resource Panels may regulate own procedure

430 Care and Protection Resource Panels may regulate own procedure Every Care and Protection Resource Panel may regulate its own procedure.

Section 431 — Annual report

431 Annual report Without limiting the right of a Care and Protection Resource Panel to report at any other time, each Care and Protection Resource Panel shall, within 3 months after the expiration…

Section 432 — Fees and allowances

432 Fees and allowances (1) Every Care and Protection Resource Panel is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951 . (2) There may be…

Section 433 — Establishment of Youth Courts

433 Establishment of Youth Courts Every District Court shall have a division to be known as a Youth Court.

Section 434 — Principal Youth Court Judge

434 Principal Youth Court Judge (1) The Governor-General must, on the advice of the Attorney-General, appoint a Principal Youth Court Judge. (2) The appointment must be for a period of 8 years, and…

Section 435 — Designation of Youth Court Judges

435 Designation of Youth Court Judges (1) The Chief District Court Judge shall, from time to time, on the recommendation of the Principal Youth Court Judge, designate a sufficient number of District…

Section 435A — Stationing of Judges and sittings of Courts

435A Stationing of Judges and sittings of Courts (1) Each Youth Court Judge must be stationed in the town, and must sit in the Court, that may from time to time be determined by the Principal Youth…

Section 436 — District Court Judge may exercise jurisdiction in absence of Youth Court Judge

436 District Court Judge may exercise jurisdiction in absence of Youth Court Judge (1) In the case of the absence from any Court of any Youth Court Judge (from whatever cause the absence may arise),…

Section 437 — Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person

437 Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person (1) Where any application is made to, or any proceedings are commenced…

Section 438 — Restriction on publication of reports of proceedings

438 Restriction on publication of reports of proceedings (1) Subject to subsection (2) of this section, no person shall publish any report of proceedings under this Act except with the leave of the…

Section 439 — Proceedings not invalid because of mistake as to age

439 Proceedings not invalid because of mistake as to age (1) No conviction or order or direction or other process or proceedings or action taken shall be held invalid by reason only that it related…

Section 440 — Proceedings not to be questioned for want of form

440 Proceedings not to be questioned for want of form No information, summons, conviction, order, sentence, bond, warrant, or other document under this Act, and no application, proceedings, or…

Section 441 — Court may determine age of child or young person in absence of evidence

441 Court may determine age of child or young person in absence of evidence (1) If, in any application or proceedings under this Act, the age of any child or young person is in question, the Court in…

Section 442 — No Court fees payable

442 No Court fees payable No Court fees of any of the following kinds shall be payable in respect of any proceedings under this Act: (a) Any fee for the filing of any document: (b) Any setting down…

Section 443 — Issue and execution of warrants

443 Issue and execution of warrants Any warrant issued under any provisions of this Act may be issued or executed at any hour of the day or night and may be issued or executed on a Sunday as on any…

Section 444 — Liability of persons providing reports

444 Liability of persons providing reports No person who furnishes a report to any Court for the purposes of any proceedings under this Act or who supplies any information for the purposes of any…

Section 445 — Witnesses expenses

445 Witnesses expenses (1) Where any person is required to give evidence before a Family Court or a Youth Court, that person may, if the Court so directs, be paid fees, allowances, and expenses, and…

Section 445A — Person executing warrant to produce evidence of authority and identity

445A Person executing warrant to produce evidence of authority and identity Every Social Worker, member of the Police, or other person executing any warrant issued under section 39 or section 40 or…

Section 445B — Authority to use facsimile copy of warrant

445B Authority to use facsimile copy of warrant (1) In this section, the term facsimile copy , in relation to a warrant, means a copy of the warrant that is produced by a facsimile machine, computer,…

Section 445C — Issue and execution of warrants

445C Issue and execution of warrants Any warrant issued under any provision of this Act may be issued or executed at any hour of the day or night and may be issued or executed on a Sunday as on any…

Section 446 — Offences

446 Offences (1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who— (a) Knowingly hinders or…

Section 446A — Children and young persons to whom section 446B applies

446A Children and young persons to whom section 446B applies (1) Section 446B applies to a child or young person who is the subject of a protection order (as defined in section 207C ) that has not…

Section 446B — Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A

446B Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A (1) If this section applies to a child or young person,— (a) A person may be…

Section 447 — Regulations

447 Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (aa) Declaring a law of a participating State to be a child…

Section 448 — Rules of procedure

448 Rules of procedure (1) The Governor-General may, by Order in Council, make rules regulating the practice and procedure of Youth Courts under this Act. (2) Rules may be made regulating the…

Section 448A — Transitional provisions relating to rules

448A Transitional provisions relating to rules (1) Subsections (2) to (4) apply to rules made under section 448 that are in force immediately before the commencement of this section, unless those…

Section 449 — Consequential amendments

449 Consequential amendments The enactments specified in Schedule 2 to this Act are hereby consequentially amended in the manner indicated in that Schedule.

Section 450 — Adoption Act 1955 amended

450 Adoption Act 1955 amended (1) Section 6 of the Adoption Act 1955 is hereby amended by repealing subsection (4) , and substituting the following subsection: “ (4) This section shall not apply in…

Repealed

Section 451 — Department of Social Welfare Act 1971 consequentially amended

451 Department of Social Welfare Act 1971 consequentially amended [Repealed] Section 451 was repealed, as from 1 April 1990, by section 33(2)(e) Social Welfare (Transitional Provisions) Act 1990…

Repealed

Section 452 — Local Government Act 1974 consequentially amended

452 Local Government Act 1974 consequentially amended [Repealed] Section 452 was repealed, as from 1 July 1992, by section 92(2) Building Act 1991 (1991 No 150).

Section 453 — Summary Offences Act 1981 amended

453 Summary Offences Act 1981 amended The Summary Offences Act 1981 is hereby amended by inserting, after section 10 , the following sections: “ 10A Ill-treatment or wilful neglect of child Every…

Section 454 — Criminal Justice Act 1985 amended

454 Criminal Justice Act 1985 amended (1) The Criminal Justice Act 1985 is hereby amended by inserting, after section 139 , the following section: “ 139A Protection of identity of children called as…

Section 455 — Child Care Regulations 1985 consequentially amended

455 Child Care Regulations 1985 consequentially amended (1) Regulation 2 of the Child Care Regulations 1985 (SR 1985/48) (as amended by section 2(3) of the Education Amendment Act 1986) is hereby…

Section 456 — Repeals and savings

456 Repeals and savings (1) The enactments specified in Schedule 3 to this Act are hereby repealed. (2) The repeal of the Children and Young Persons Amendment Act 1982 by subsection (1) of this…

Repealed

Section 457 — Complaints

457 Complaints [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Repealed

Section 458 — Informations

458 Informations [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Repealed

Section 459 — Guardianship orders

459 Guardianship orders [Repealed] Subsection (2) was substituted, as from 1 November 1989, by section 6(2) Children, Young Persons, and Their Families Amendment Act 1989 (1989 No 70). Sections 457…

Repealed

Section 460 — Plans and reports to be furnished to Court in respect of orders deemed to be guardianship orders under this Act

460 Plans and reports to be furnished to Court in respect of orders deemed to be guardianship orders under this Act [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13…

Repealed

Section 461 — Review of orders deemed to be guardianship orders under this Act

461 Review of orders deemed to be guardianship orders under this Act [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services…

Repealed

Section 462 — Applications for review of guardianship orders

462 Applications for review of guardianship orders [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No…

Repealed

Section 463 — Supervision orders

463 Supervision orders [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Repealed

Section 464 — Applications for review of supervision orders

464 Applications for review of supervision orders [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No…

Repealed

Section 465 — Complaints for failure to observe conditions of supervision order

465 Complaints for failure to observe conditions of supervision order [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family…

Repealed

Section 466 — Agreements for control of child or young person by the Director-General

466 Agreements for control of child or young person by the Director-General [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family…

Repealed

Section 467 — Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974

467 Homes registered or deemed to be registered under Part 9 of Children and Young Persons Act 1974 [Repealed] Sections 457 to 467 were repealed, as from 1 October 1999, by section 13 Department of…

Section 467A — Building Act 2004

467A Building Act 2004 (1) Where any person making inspections under this Act believes that any building or sitework does not comply with the Building Act 2004 , that person shall by notice in…

Repealed

Section 468 — Agreements for assumption of care of child or young person by manager of home or recognised system of foster care

468 Agreements for assumption of care of child or young person by manager of home or recognised system of foster care [Repealed] Sections 468 and 469 were repealed, as from 1 October 1999, by section…

Repealed

Section 469 — Administration of property by Public Trustee

469 Administration of property by Public Trustee [Repealed] Sections 468 and 469 were repealed, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No…