AGY-7418 | Children's Court of New South Wales

Full description

The Children's Court of NSW was established by the Children's Court Act 1987 (Act No.53, 1987), with the provisions of the Act proclaimed to commence on 18 January 1988. (1)

The President of the Children’s Court is appointed under s.6A Children's Court Act 1987, and must hold office as a Judge of the District Court. In addition to dealing with cases in the Children’s Court the President has responsibility for the administration of the Court including arranging the sittings of the Court, developing recommendations for rules in relation to the practice and procedure of the Court, issuing Practice Notes, overseeing the training of Children's Magistrates and consulting with community groups and agencies on matters involving children and the Court. There are 15 specialist Children’s Magistrates, who are appointed under s.7 Children's Court Act 1987 for periods of up to five years. Children’s Magistrates are selected from the general pool of Magistrates appointed under the Local Court Act 2007 having regard to their knowledge, qualifications, skills and experience in dealing with children, young people and their families. Children’s Court cases are dealt with by Local Court Magistrates in locations where a specialist Children’s Magistrate is not available. (2)

The Children's Court included an Advisory Committee and a Clinic. The former was established by the Attorney General and Chaired by the President and was engaged in the following:
(a) consulting with persons using the Court,
(b) providing advice to the Attorney General and the Minister for Community Services,
(c) providing advice to the Court on the rules of the Court, on practice directions and on procedures before the Court,
(d) such other functions as may be conferred or imposed on the Committee by the rules or by or under any other Act.
The latter Clinic was established by the Minister for Health and was engaged in:
(a) making clinical assessments of children,
(b) submitting reports to courts,
(c) such other functions as may be prescribed by the rules of the Act. (3)

Following recommendations stemming from the 1999 Drug Summit in New South Wales the Youth Drug and Alcohol Court was established as a pilot program within the legislative framework of the Children’s Court to provide a specialised justice service closely tailored to the needs of children and young people affected by an addiction to drugs/alcohol. Four Children’s Registrars were appointed to conduct preliminary conferences under section 65 of the newly commenced provisions of the Children and Young Person (Care and Protection Act 1998). The purpose of the preliminary conference was to assist the parties to identify the areas of agreement and the issues in dispute, assessing the best way of resolving the dispute without proceeding to a hearing in the Children’s Court. Other significant provisions in the new Act impacting of the way in which proceedings are conducted in the Children’s Court were also commenced. (4)

In NSW, the Children's Court sat in four courthouses specifically designated for the Court. These courthouses were located at Parramatta, Surry Hills, Broadmeadow and Woy Woy. The Children’s Court also sat at courts located at Campbelltown, Port Kembla, Sutherland, Nowra, and Wyong on a full-time or part-time basis. In regional and rural areas outside these locations the Children’s Court sat on a regular basis. The Court conducted a number of circuits in regional areas where cases were dealt with by specialist Children’s Magistrates. At other locations the sittings coincided with the sittings of the Local Court and were conducted by Local Court judicial officers. (5)

Endnotes
1. Children's Court Act 1987 (Act No.53, 1987) s.4; NSW Government Gazette No.8, 15 January 1988, p.172.
2. Children's Court website, About the Court, Court structure, https://www.childrenscourt.nsw.gov.au/childrens-court/about-the-court/court-structure.html, (accessed 15 December 2022).
3. Children's Court Act 1987 (Act No.53, 1987), s.15A-15B.
4. Children's Court website, About the Court, History, p.4, https://www.childrenscourt.nsw.gov.au/childrens-court/about-the-court/history.html, (accessed 15 December 2022)
5. Ibid. About the Court, Court structure, https://www.childrenscourt.nsw.gov.au/childrens-court/about-the-court/court-structure.html, (accessed 15 December 2022).