{"id":"nsw:act-1987-053","name":"Children’s Court Act 1987","slug":"children-s-court-act-1987","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"53 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107310,"registerId":"nsw-act-1987-053-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Sections 1 and 2 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > Chief Judge has the same meaning as in the [Local Court Act 2007](/view/html/inforce/current/act-2007-093).\n> > \n> > Children’s Judge means a person appointed under this Act to be a Children’s Judge.\n> > \n> > Children’s Registrar means a person employed as a Children’s Registrar as referred to in section 10A.\n> > \n> > President means the person appointed under section 6A as the President of the Children’s Court.\n> > \n> > rule means a rule made under this Act.\n> > \n> > the Court means the Children’s Court of New South Wales constituted by this Act.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> **s 3:** Am 1987 No 268, Sch 1 (1); 1998 No 158, Sch 1 \\[1\\] \\[2\\]; 2007 No 94, Sch 1.11 \\[1\\]; 2009 No 13, Sch 2.2 \\[1\\]; 2025 No 61, Sch 2.11\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of the Court","content":"# Part 2 Constitution of the Court\n\nPart 2 Constitution of the Court","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of the Court","content":"#### 4 Constitution of the Court\n\n4 Constitution of the Court\n\n> There is constituted by this Act a court of record to be known as the Children’s Court of New South Wales.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Seal of the Court","content":"#### 5 Seal of the Court\n\n5 Seal of the Court\n\n> There shall be a seal of the Court, and any document required by or under this or any other Act or law to be sealed or stamped with the seal of the Court shall be so sealed or stamped.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Composition of the Court","content":"#### 6 Composition of the Court\n\n6 Composition of the Court\n\n> The Court is composed of the President and such Children’s Judges as are appointed under this Act.\n> \n> **s 6:** Am 1987 No 268, Sch 1 (2). Subst 2009 No 13, Sch 2.2 \\[2\\]. Am 2025 No 61, Sch 2.11\\[2\\].","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"President of Children’s Court","content":"#### 6A President of Children’s Court\n\n6A President of Children’s Court\n\n> > (1) The Governor may, by commission under the public seal of the State, appoint a qualified person as the President of the Children’s Court.\n> \n> > (2) A person is qualified to be appointed as the President only if the person holds office as a Judge of the District Court.\n> \n> > (3) Subject to this section, the President holds office for such term (not exceeding 5 years) as is specified in his or her instrument of appointment.\n> \n> > (4) The appointment of a person as the President does not affect—\n> > \n> > > (a) the person’s tenure as a Judge of the District Court, or\n> > \n> > > (b) the person’s rank, title, status, remuneration or other rights or privileges as a Judge of the District Court.\n> \n> > (5) Service in the office of the President is, for all purposes, taken to be service in the office of Judge of the District Court.\n> \n> > (6) A person is taken to have vacated office as the President if the person—\n> > \n> > > (a) ceases to be a Judge of the District Court, or\n> > \n> > > (b) resigns office by instrument in writing addressed to the Governor.\n> \n> > (7) A person does not cease to be a Judge of the District Court merely because of—\n> > \n> > > (a) his or her resignation from office as the President, or\n> > \n> > > (b) the expiration of his or her term of office as the President.\n> \n> > (8) The President may, while holding office as the President, exercise the jurisdiction of the District Court if—\n> > \n> > > (a) the President is requested to do so by the Chief Judge of the District Court in relation to particular proceedings before that Court, and\n> > \n> > > (b) the President agrees to the request.\n> \n> **s 6A:** Ins 2009 No 13, Sch 2.2 \\[2\\]. Am 2010 No 63, Sch 1.5.","sortOrder":8},{"sectionNumber":"6B","sectionType":"section","heading":"Acting President of Children’s Court","content":"#### 6B Acting President of Children’s Court\n\n6B Acting President of Children’s Court\n\n> > (1) The Governor may, by instrument in writing, appoint a Children’s Judge to be the Acting President—\n> > \n> > > (a) during any vacancy in the office of the President, or\n> > \n> > > (b) during any period for which the President is absent from duty.\n> \n> > (1A) Unless the Governor has made an appointment under subsection (1) (and without limiting subsection (1)), the Attorney General may, by instrument in writing, appoint a Children’s Judge to be Acting President—\n> > \n> > > (a) during any vacancy in the office of the President, or\n> > \n> > > (b) during any period for which the President is absent from duty.\n> \n> > (1B) An appointment under this section may be made for a particular vacancy or absence or for any vacancy or absence that occurs from time to time.\n> \n> > (2) While acting as the President, the person appointed as the Acting President—\n> > \n> > > (a) has and may exercise the functions of the President, and\n> > \n> > > (b) is entitled to be paid the same remuneration as the President.\n> \n> > (3) However, service in the office of the Acting President is not taken to be service in the office of Judge of the District Court.\n> \n> **s 6B:** Ins 2009 No 13, Sch 2.2 \\[2\\]. Am 2015 No 2, Sch 3.1; 2025 No 61, Sch 2.11\\[3\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Appointment of Children’s Judges","content":"#### 7 Appointment of Children’s Judges\n\n7 Appointment of Children’s Judges\n\n> > (1) The Chief Judge may, by instrument in writing, appoint any qualified person to be a Children’s Judge.\n> \n> > (1A) Any such appointment may only be made in consultation with the President.\n> \n> > (2) A person is qualified to be appointed as a Children’s Judge if the person—\n> > \n> > > (a) is a Judge of the Local Court, and\n> > \n> > > (b) has, in the opinion of the Chief Judge and the President, such knowledge, qualifications, skills and experience in the law and the social or behavioural sciences, and in dealing with children and young people and their families, as the Chief Judge and President each consider necessary to enable the person to exercise the functions of a Children’s Judge.\n> \n> > (2A) A Children’s Judge is to undertake and complete such ongoing courses of training as the President may, in consultation with the Chief Judge, require.\n> \n> > (3) Schedule 1 has effect with respect to the Children’s Judges.\n> \n> > (4) Schedule 3 has effect.\n> \n> **s 7:** Am 1987 No 268, Sch 1 (3) (4); 1998 No 158, Sch 1 \\[3\\] \\[4\\]; 2000 No 93, Sch 2.6 \\[1\\]; 2009 No 13, Sch 2.2 \\[3\\]–\\[5\\]; 2025 No 61, Sch 2.11\\[2\\]–\\[6\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8–10 (Repealed)","sortOrder":11},{"sectionNumber":"10A","sectionType":"section","heading":"Children’s Registrars","content":"#### 10A Children’s Registrars\n\n10A Children’s Registrars\n\n> > (1) Such Children’s Registrars as may be necessary to enable the Court to exercise its jurisdiction are to be employed under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> > (1A) A person cannot be employed as a Children’s Registrar unless the person is an Australian lawyer.\n> \n> > (2) A Children’s Registrar has such functions as may be conferred or imposed on a Children’s Registrar by the rules or by or under any other Act.\n> \n> > (3) Despite the provisions of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) and the other provisions of this Act, the functions that may be conferred or imposed on a Children’s Registrar by the rules include—\n> > \n> > > (a) any function of the Court or a Children’s Judge under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), and\n> > \n> > > (b) any function of the Court or a Children’s Judge under this Act that relates to a function referred to in paragraph (a).\n> \n> > (4) A function referred to in subsection (3) that is exercised by a Children’s Registrar is taken to have been exercised by the Court or a Children’s Judge, as the case requires.\n> \n> > (5) A decision or order made or direction given by a Children’s Registrar when exercising a function referred to in subsection (3) may be set aside or varied by the Court.\n> \n> > (6) The conferring or imposing of a function of the Court or a Children’s Judge on a Children’s Registrar does not prevent the exercise of the function by the Court or a Children’s Judge.\n> \n> **s 10A:** Ins 1998 No 158, Sch 1 \\[7\\]. Am 2000 No 58, Sch 1; 2009 No 13, Sch 2.2 \\[7\\]; 2015 No 15, Sch 3.9 \\[1\\]; 2025 No 61, Sch 2.11\\[3\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Other Registrars and other officers of the Court","content":"#### 11 Other Registrars and other officers of the Court\n\n11 Other Registrars and other officers of the Court\n\n> Other Registrars of the Court, and such other staff as may be necessary to enable the Court to exercise its jurisdiction, shall be employed under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> **s 11:** Am 1987 No 268, Sch 1 (8); 1998 No 158, Sch 1 \\[8\\]; 2015 No 15, Sch 3.9 \\[2\\].","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Jurisdiction of the Court","content":"# Part 3 Jurisdiction of the Court\n\nPart 3 Jurisdiction of the Court","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Jurisdiction generally","content":"#### 12 Jurisdiction generally\n\n12 Jurisdiction generally\n\n> > (1) The Court shall have such jurisdiction as may be conferred or imposed on it by or under this or any other Act.\n> \n> > (2) The Court may exercise its jurisdiction throughout the whole of New South Wales.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Single member to exercise jurisdiction of the Court","content":"#### 13 Single member to exercise jurisdiction of the Court\n\n13 Single member to exercise jurisdiction of the Court\n\n> > (1) The jurisdiction of the Court may be exercised—\n> > \n> > > (a) by the President, or\n> > \n> > > (b) by a Children’s Judge, or\n> > \n> > > (c) by a Judge of the Local Court authorised by the President and Chief Judge to exercise a function conferred or imposed on a Children’s Judge by or under this Act or another Act,\n> > \n> > sitting alone.\n> \n> > (2) (Repealed)\n> \n> **s 13:** Am 1987 No 268, Sch 1 (3); 1998 No 158, Sch 1 \\[9\\]. Subst 2009 No 13, Sch 2.2 \\[8\\]. Am 2009 No 77, Sch 2.5 \\[1\\] \\[2\\]; 2025 No 61, Sch 2.11\\[3\\] \\[7\\] \\[8\\].","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Sittings of the Court","content":"#### 14 Sittings of the Court\n\n14 Sittings of the Court\n\n> More than one sitting of the Court may be held at the same time.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Orders of the Court","content":"#### 15 Orders of the Court\n\n15 Orders of the Court\n\n> The Court may, in relation to all matters in respect of which it has jurisdiction, make such orders, including interlocutory orders, as it thinks appropriate.","sortOrder":19},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Advisory Committee and Clinic","content":"# Part 3A Advisory Committee and Clinic\n\nPart 3A Advisory Committee and Clinic\n\n**pt 3A:** Ins 1998 No 158, Sch 1 \\[10\\].","sortOrder":20},{"sectionNumber":"15A","sectionType":"section","heading":"Children’s Court Advisory Committee","content":"#### 15A Children’s Court Advisory Committee\n\n15A Children’s Court Advisory Committee\n\n> > (1) The Attorney General is to establish, in accordance with the rules, a Children’s Court Advisory Committee.\n> \n> > (2) The President is to be the Chairperson of the Committee.\n> \n> > (3) The Committee has the following functions—\n> > \n> > > (a) consulting with persons using the Court,\n> > \n> > > (b) providing advice to the Attorney General and the Minister for Community Services,\n> > \n> > > (c) providing advice to the Court on the rules of the Court, on practice directions and on procedures before the Court,\n> > \n> > > (d) such other functions as may be conferred or imposed on the Committee by the rules or by or under any other Act.\n> \n> **s 15A:** Ins 1998 No 158, Sch 1 \\[10\\]. Am 2009 No 13, Sch 2.2 \\[9\\].","sortOrder":21},{"sectionNumber":"15B","sectionType":"section","heading":"Children’s Court Clinic","content":"#### 15B Children’s Court Clinic\n\n15B Children’s Court Clinic\n\n> > (1) The Minister for Health is to establish and maintain, in accordance with the rules, a Children’s Court Clinic.\n> \n> > (2) The Children’s Court Clinic has the following functions—\n> > \n> > > (a) making clinical assessments of children,\n> > \n> > > (b) submitting reports to courts,\n> > \n> > > (c) such other functions as may be prescribed by the rules.\n> \n> **s 15B:** Ins 1998 No 158, Sch 1 \\[10\\]. Am 2009 No 13, Sch 2.2 \\[10\\].","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Functions of the President","content":"#### 16 Functions of the President\n\n16 Functions of the President\n\n> > (1) The President has the following functions—\n> > \n> > > (a) to administer the Court,\n> > \n> > > (b) to arrange sittings of the Court,\n> > \n> > > (c) to convene, at least once every 6 months, a meeting of Children’s Judges and such other persons as the President thinks fit,\n> > \n> > > (d) to confer regularly with community groups and social agencies on matters involving children and the Court,\n> > \n> > > (e) to provide judicial leadership to the Court,\n> > \n> > > (f) to develop recommendations for rules,\n> > \n> > > (g) to oversee the training of Children’s Judges and prospective Children’s Judges.\n> \n> > (2) The President may also exercise any of the functions that are conferred or imposed on a Children’s Judge under this or any other Act.\n> \n> > (3) The President may require specified functions of Children’s Judges to be exercised by specified Children’s Judges or Children’s Judges of a specified class, and any Children’s Judge of whom a requirement is made under this subsection must comply with the requirement.\n> \n> > (4) The President may delegate to a Children’s Judge any of the President’s functions under this section, other than this power of delegation.\n> \n> **s 16:** Am 1987 No 268, Sch 1 (4) (6) (9); 1998 No 158, Sch 1 \\[11\\]–\\[13\\]. Subst 2009 No 13, Sch 2.2 \\[11\\]. Am 2013 No 1, Sch 1.5; 2025 No 61, Sch 2.11\\[2\\] \\[3\\].","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17 (Repealed)","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Reports","content":"#### 18 Reports\n\n18 Reports\n\n> > (1) The President shall submit to the Attorney General, at such times and in respect of such periods as the Attorney General directs, reports on the activities of the Court.\n> \n> > (2) A report shall deal with such matters as the Attorney General directs and with such other matters as the President considers appropriate to include in the report.\n> \n> **s 18:** Am 1987 No 268, Sch 1 (6); 2009 No 13, Sch 2.2 \\[9\\].","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Venue","content":"#### 19 Venue\n\n19 Venue\n\n> > (1) Sittings of the Court shall be held—\n> > \n> > > (a) in a building or room approved for that purpose by the Attorney General, or\n> > \n> > > (b) if, in the opinion of the Court in a particular case, it is expedient that a sitting of the Court be held in some other building or room, in that other building or room.\n> \n> > (2) If a room used or occupied by another court is approved under this section, sittings of the Court shall not be held in the room while the ordinary business of that other court is being transacted.","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Change of venue","content":"#### 20 Change of venue\n\n20 Change of venue\n\n> If it appears to the Court that any matter within the jurisdiction of the Court can be more conveniently or fairly heard at a sitting of the Court at some other place, the Court may—\n> \n> > (a) adjourn the hearing of the matter, whether any party appears or not,\n> \n> > (b) remand any person charged before it to a sitting of the Court at some other place specified by it, and\n> \n> > (c) appoint a day for the hearing.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Contempt","content":"#### 21 Contempt\n\n21 Contempt\n\n> > (1) A person shall not commit contempt in the face of the Court.\n> > \n> > Maximum penalty—10 penalty units or imprisonment for 14 days.\n> \n> > (2) Proceedings for contempt shall be dealt with summarily before the Children’s Court.\n> \n> > (3) For the purpose of dealing with proceedings for contempt by a person in respect of whom the Children’s Court would not, but for this subsection, have jurisdiction, the Children’s Court—\n> > \n> > > (a) shall have, and may exercise, the jurisdiction of the Local Court, and\n> > \n> > > (b) shall not have, and may not exercise, the jurisdiction of the Children’s Court,\n> > \n> > as regards that person.\n> \n> **s 21:** Am 1991 No 71, Sch 1; 2007 No 94, Sch 2.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Judicial notice of signatures","content":"#### 22 Judicial notice of signatures\n\n22 Judicial notice of signatures\n\n> Judicial notice shall be taken of the signatures of—\n> \n> > (a) the President,\n> \n> > (b) a Children’s Judge,\n> \n> > (c) (Repealed)\n> \n> > (d) a Children’s Registrar or other Registrar of the Court,\n> \n> where appearing on a document issuing out of the Court.\n> \n> **s 22:** Am 1987 No 268, Sch 1 (3) (6) (11); 1998 No 158, Sch 1 \\[15\\] \\[16\\]; 2009 No 13, Sch 2.2 \\[9\\]; 2025 No 61, Sch 2.11\\[3\\].","sortOrder":31},{"sectionNumber":"22A","sectionType":"section","heading":"Appeals in relation to decisions of Presidential Children’s Court","content":"#### 22A Appeals in relation to decisions of Presidential Children’s Court\n\n22A Appeals in relation to decisions of Presidential Children’s Court\n\n> > (1) In this section—\n> > \n> > appeal includes the referral of any matter.\n> > \n> > decision includes any order or judgment.\n> > \n> > Presidential Children’s Court means the Children’s Court constituted by the President.\n> \n> > (2) An appeal to the District Court under any Act or other law in relation to a decision of the Presidential Children’s Court is, despite the provisions of that Act or law, taken to be an appeal to the Supreme Court.\n> \n> > (3) Subsection (2) has effect only to the extent provided by the regulations.\n> \n> > (4) For the purposes of subsection (2), the provisions of any Act or law relating to appeals are subject to such modifications as may be prescribed by the regulations.\n> \n> > (5) The Governor may make regulations for the purposes of this section.\n> \n> **s 22A:** Ins 2009 No 13, Sch 2.2 \\[12\\].","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":"Rules","content":"#### 23 Rules\n\n23 Rules\n\n> > (1) The Governor may make rules, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed by rules, or that is necessary or convenient to be prescribed by rules, in relation to the practice or procedure of the Court.\n> \n> > (2) In particular, the rules may make provision for or with respect to the following matters—\n> > \n> > > (a) the practice or procedure to be followed in criminal proceedings,\n> > \n> > > (b) the functions of Children’s Registrars and other officers of the Court,\n> > \n> > > (c) the review of orders or decisions of Children’s Registrars, other registrars and other officers of the Court,\n> > \n> > > (d) the practice or procedure to be followed in any proceedings under any other law under which jurisdiction or any function is conferred on the Court,\n> > \n> > > (e) any matter incidental to, or relating to, any practice or procedure referred to in this section,\n> > \n> > > (f) courses of training to be attended by Children’s Judges and persons proposed to be appointed as Children’s Judges.\n> \n> > (3) A rule may be made under this Act in relation to any matter for which a rule-making power is conferred on the Court by or under any other Act or law.\n> \n> **s 23:** Am 1987 No 268, Sch 1 (4); 2005 No 93, Sch 2; 2017 No 57, Sch 4.2. Subst 2017 No 55, Sch 3.2. Am 2025 No 61, Sch 2.11\\[2\\].","sortOrder":33},{"sectionNumber":"23A","sectionType":"section","heading":"Practice notes","content":"#### 23A Practice notes\n\n23A Practice notes\n\n> > (1) Subject to the rules, the President may issue practice notes in relation to any matter with respect to which rules may be made.\n> \n> > (2) A practice note issued under this section—\n> > \n> > > (a) must be published in the Gazette, and\n> > \n> > > (b) takes effect on the day on which it is published in the Gazette or, if a later day or days are specified in the practice note for that purpose, on the later day or days so specified.\n> \n> > (3) A practice note issued under this section may be amended or repealed by a further practice note issued under this section.\n> \n> > (4) Subject to subsection (5), sections 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) apply to a practice note issued under this section in the same way as they apply to a statutory rule.\n> \n> > (5) For the purpose of applying section 40 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) to a practice note issued under this section, a reference in that section to the publication of a statutory rule is to be read as a reference to the publication of the practice note as provided by subsection (2).\n> \n> **s 23A:** Ins 2009 No 13, Sch 2.2 \\[13\\].","sortOrder":34},{"sectionNumber":"23B","sectionType":"section","heading":"Court may give directions in circumstances not covered by rules or practice notes","content":"#### 23B Court may give directions in circumstances not covered by rules or practice notes\n\n23B Court may give directions in circumstances not covered by rules or practice notes\n\n> > (1) In relation to particular proceedings, the Court may, in respect of any matter for which the rules or practice notes do not make provision, give directions that the Court considers appropriate in connection with the practice and procedure to be followed in relation to that matter.\n> \n> > (2) Any such direction has no effect to the extent that it is inconsistent with any provision of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) relating to proceedings before the Court.\n> \n> > (3) Anything done in accordance with a direction under this section (including the commencing of proceedings and the taking of any step in proceedings) is taken to have been validly done.\n> \n> **s 23B:** Ins 2009 No 13, Sch 2.2 \\[13\\].","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 24 Savings and transitional provisions\n\n24 Savings and transitional provisions\n\n> Schedule 2 has effect.\n> \n> **s 24:** Ins 1998 No 158, Sch 1 \\[17\\].","sortOrder":36},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to Children’s Judges","content":"# Schedule 1 Provisions relating to Children’s Judges\n\nSchedule 1 Provisions relating to Children’s Judges\n\n(Section 7)\n\n**sch 1, hdg:** Am 2025 No 61, Sch 2.11\\[2\\].\n\n**sch 1:** Am 1987 No 268, Sch 1 (12)–(16); 1999 No 69, Sch 2.1 \\[1\\]; 2007 No 94, Sch 7; 2009 No 13, Sch 2.2 \\[14\\]; 2010 No 135, Sch 5; 2015 No 15, Sch 3.9 \\[3\\]; 2025 No 61, Sch 2.11\\[3\\] \\[9\\]–\\[12\\].","sortOrder":37},{"sectionNumber":"2A","sectionType":"section","heading":"Conditions of service","content":"#### 2A Conditions of service\n\n2A Conditions of service\n\n> A person holding office as Children’s Judge is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Judge on a full-time or part-time basis under the [Local Court Act 2007](/view/html/inforce/current/act-2007-093).","sortOrder":40},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 24)\n\n**sch 2:** Ins 1998 No 158, Sch 1 \\[18\\]. Am 2007 No 94, Sch 1.11 \\[3\\]; 2009 No 13, Sch 2.2 \\[15\\] \\[16\\]; 2009 No 77, Sch 2.5 \\[3\\]; 2025 No 61, Sch 2.11\\[13\\] \\[14\\].","sortOrder":45},{"sectionNumber":"9","sectionType":"section","heading":"Authorised Magistrates","content":"#### 9 Authorised Magistrates\n\n9 Authorised Magistrates\n\n> > (1) Anything done before the commencement of this clause by an authorised Magistrate in the purported exercise of jurisdiction conferred by the proclamation referred to in clause 4 in accordance with the directions of the President or Chief Magistrate and which would have been validly done had section 13 (c) and (2) (as inserted by the amending Act) been in force when it was done is validated.\n> \n> > (2) In this clause—\n> > \n> > amending Act means the [Courts and Crimes Legislation Amendment Act 2009](/view/html/repealed/current/act-2009-077).","sortOrder":58},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions consequent on enactment of Local Court and Bail Legislation Amendment Act 2025","content":"# Part 5 Provisions consequent on enactment of Local Court and Bail Legislation Amendment Act 2025\n\nPart 5 Provisions consequent on enactment of [Local Court and Bail Legislation Amendment Act 2025](/view/pdf/asmade/act-2025-61)","sortOrder":59},{"sectionNumber":"10","sectionType":"section","heading":"Definitions","content":"#### 10 Definitions\n\n10 Definitions\n\n> In this part—\n> \n> amending Act means the [Local Court and Bail Legislation Amendment Act 2025](/view/pdf/asmade/act-2025-61).\n> \n> commencement date means the date on which the amending Act, Schedules 1 and 2 commence.","sortOrder":60},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions relating to part-time Children’s Magistrates","content":"# Schedule 3 Savings and transitional provisions relating to part-time Children’s Magistrates\n\nSchedule 3 Savings and transitional provisions relating to part-time Children’s Magistrates\n\n**sch 3, hdg (previously Sch 2, heading):** Ins 1999 No 69, Sch 2.1. \\[2\\]. Subst 2000 No 93, Sch 2.6 \\[2\\].\n\n**sch 3 (previously Sch 2):** Ins 1999 No 69, Sch 2.1. \\[2\\]. Am 2000 No 93, Sch 2.6 \\[3\\].","sortOrder":68}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1987 purpose of simply establishing a Children's Court. Major expansions include: (1) creation of a presidential leadership structure (2009); (2) establishment of the Children's Court Clinic and Advisory Committee (1998); (3) detailed transitional machinery for abolishing and converting offices (Children's Magistrates to Children's Judges in 2025, Senior Children's Magistrate abolition in 2009); and (4) complex arrangements for part-time judicial officers. The Act now functions as much as an administrative and transitional framework for judicial appointments as it does a court-constituting statute."},"complexity_factors":["Multiple overlapping judicial roles (President, Children's Judges, Children's Registrars, authorised Local Court Judges) with different appointment processes and qualifications","Extensive cross-referencing to other Acts including the Local Court Act 2007, District Court arrangements, Government Sector Employment Act 2013, and Children and Young Persons (Care and Protection) Act 1998","Complex transitional provisions across three schedules dealing with historical offices (Children's Magistrates, Senior Children's Magistrates, authorised Magistrates) and their modern equivalents","Nested conditions for appointment — Children's Judges must be Local Court Judges with additional specialised knowledge requirements determined by two office-holders (Chief Judge and President)","Delegated legislative power allowing rules to confer court functions on registrars, with review mechanisms (section 10A)","Multiple savings and transitional provisions spanning amendments from 1987, 1998, 2009, and 2025, including automatic conversion of office-holders and construction of references in other legislation"],"plain_english_summary":"This legislation establishes and governs the **Children's Court of New South Wales** — a specialist court that deals with legal matters involving children and young people.\n\n**What it does:**\n- **Creates the court**: Establishes the Children's Court as a formal court of record with its own seal and structure (Part 2).\n- **Defines who runs it**: The court is led by a **President** (who must be a District Court Judge) and includes **Children's Judges** (who must be Local Court Judges with special expertise in child welfare and behavioural sciences). There are also **Children's Registrars** (legally qualified officers who handle administrative and some judicial functions).\n- **Sets out jurisdiction**: The court can hear cases anywhere in NSW and has powers granted by this Act and other laws — mainly criminal cases involving children, and child protection matters under the *Children and Young Persons (Care and Protection) Act 1998* (Part 3).\n- **Provides support structures**: Establishes a **Children's Court Advisory Committee** (to advise on court rules and practices) and a **Children's Court Clinic** (to provide clinical assessments and reports on children) (Part 3A).\n- **Allows rule-making**: The Governor can make rules for court procedures, and the President can issue practice notes (sections 23–23A).\n\n**Who it affects:**\n- Children and young people appearing before the court (either in criminal proceedings or care and protection matters).\n- Families and carers involved in child protection cases.\n- Legal professionals, social workers, and health professionals who interact with the court.\n- Judicial officers (District Court and Local Court judges) appointed to serve on the court.\n\n**Why it matters:**\nThis Act ensures there is a dedicated, specialised court system for children — recognising that children have different needs from adults in the justice system. It emphasises expertise in both law and social/behavioural sciences, and provides clinical and advisory support to help judges make informed decisions about children's welfare.\n\n**Recent significant change:**\nThe Act recently abolished the office of \"Children's Magistrate\" and replaced it with \"Children's Judge\" (Schedule 2, Part 5). Existing Children's Magistrates automatically became Children's Judges, with their previous service and entitlements preserved."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act’s scope has been altered by later amendments: it now creates a President of the Court with District Court rank (s 6A), expands registrars’ delegated functions (s 10A), formalises rule‑making and practice‑note regimes (ss 23, 23A) and introduces a regulatory mechanism affecting appeals from the Presidential Court (s 22A). Most recently, the office of Children’s Magistrate was abolished and incumbents converted into Children’s Judges with preserved terms and service (Part 5, cls 11–17), changing judicial offices and transitional arrangements."},"complexity_factors":["Extensive cross‑references to other statutes (Local Court Act 2007, Government Sector Employment Act 2013, Children and Young Persons (Care and Protection) Act 1998, Statutory and Other Offices Remuneration Act 1975, Oaths Act 1900, Constitution Act 1902).","Multiple appointment and removal pathways involving different executive actors (Governor, Chief Judge, Attorney General, President) (see ss 6A, 6B, 7).","Delegation and non‑exclusive conferral of judicial functions to registrars, with internal review and court power to set aside decisions (s 10A).","Broad rule‑making and practice‑note powers that affect procedure and training (ss 23, 23A) plus a fallback power for the Court to give directions where rules are silent (s 23B).","Transitional and savings provisions converting offices and validating past acts (Part 5, Schs 2–3; cls 11–17), which complicate status and continuity of service.","Discretionary administrative powers vested in the President (administration, allocation of functions, training oversight) with binding effect on Judges (s 16).","Special appeals/appeal‑modification mechanism subject to regulation (s 22A).","Mixture of procedural, administrative and penal provisions (venue, contempt, judicial notice) that span court operation and enforcement (ss 19–21, 22)."],"plain_english_summary":"Creates and governs the Children’s Court of New South Wales: it sets out the court’s constitution, offices (President, Children’s Judges, registrars), jurisdiction, powers to make rules and practice notes, and key procedures (venue, contempt, appeals). It affects judges, court staff, litigants (children and families) and government agencies because it determines who appoints and pays officers, what functions may be delegated to registrars, and the procedural framework that controls how children’s matters are heard and managed."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act was originally enacted in 1987 and has undergone at least 15 significant amendments over nearly four decades. This strongly suggests its scope has evolved — likely expanding to address new child protection frameworks, changes in youth justice policy, and updates to court procedures. However, without access to the full text and explanatory materials, the precise nature and extent of scope changes cannot be confirmed from the metadata alone."},"complexity_factors":["The Act has been amended at least 15 times since 2000, meaning the current version is a patchwork of changes accumulated over nearly 40 years","It intersects with multiple other areas of law — criminal law, child protection law, family law, and court procedure","Dual jurisdiction (criminal matters AND care/protection matters) means different rules apply depending on why a child is before the court","Specialist procedural rules differ significantly from ordinary courts, requiring knowledge of both standard court procedure and Children's Court-specific rules","Privacy and publication restrictions add a layer of legal complexity around what can be reported or disclosed","Only metadata/version history was provided — the full substantive provisions could not be assessed, potentially masking additional complexity"],"plain_english_summary":"The Children's Court Act 1987 (NSW) establishes a specialist court for legal matters involving children and young people — criminal charges and care/protection proceedings — and affects those children, their families, and professionals (judges, lawyers, police, social workers). It prioritises the child's best interests, less formal procedures, and privacy protections for youth.\n\nNote: the source provided was mostly metadata/version history (not the full text); the Act has been amended, most recently 28 March 2026."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/children-s-court-act-1987","history":"/api/acts/children-s-court-act-1987/history","analysis":"/api/acts/children-s-court-act-1987/analysis","conflicts":"/api/acts/children-s-court-act-1987/conflicts","importantCases":"/api/acts/children-s-court-act-1987/important-cases","documents":"/api/acts/children-s-court-act-1987/documents"}}