NSWIn ForceAct
Children (Criminal Proceedings) Act 1987
3Definitions
Start here
Get a plain-English read of 3
Turn the raw legal text into a practical explanation grounded in Children (Criminal Proceedings) Act 1987.
#### 3 Definitions
3 Definitions
> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
> >
> > adult means a person who is of or above the age of 18 years.
> >
> > authorised justice means—
> >
> > > (a) a Judge of the Local Court, or
> >
> > > (b) an authorised officer within the meaning of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209).
> >
> > child means a person who is under the age of 18 years.
> >
> > Children’s Court means the Children’s Court of New South Wales constituted by the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053).
> >
> > court attendance notice means a court attendance notice issued under Division 1 of Part 2 of Chapter 4 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209).
> >
> > detention centre has the same meaning as it has in the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057).
> >
> > juvenile justice officer means a juvenile justice officer employed in the Department of Juvenile Justice.
> >
> > parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.
> >
> > person responsible, in relation to a child, means—
> >
> > > (a) a person having parental responsibility for the child, or
> >
> > > (b) a person who has the care of the child (whether or not the person has parental responsibility for the child).
> >
> > person subject to control has the same meaning as it has in the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057).
> >
> > regulation means a regulation made under this Act.
> >
> > road transport legislation has the same meaning as it has in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).
> >
> > serious children’s indictable offence means—
> >
> > > (a) homicide,
> >
> > > (b) an offence punishable by imprisonment for life or for 25 years,
> >
> > > (c) an offence arising under section 61J (otherwise than in circumstances referred to in subsection (2) (d) of that section) or 61K of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) (or under section 61B of that Act before the commencement of Schedule 1 (2) to the [Crimes (Amendment) Act 1989](/view/pdf/asmade/act-1989-198)),
> >
> > > (c1) an offence under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) relating to the manufacture or sale of firearms that is punishable by imprisonment for 20 years,
> >
> > > (d) the offence of attempting to commit an offence arising under section 61J (otherwise than in circumstances referred to in subsection (2) (d) of that section) or 61K of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) (or under section 61B of that Act before the commencement of Schedule 1 (2) to the [Crimes (Amendment) Act 1989](/view/pdf/asmade/act-1989-198)), or
> >
> > > (e) an indictable offence prescribed by the regulations as a serious children’s indictable offence for the purposes of this Act.
> >
> > traffic offence means an offence arising under a provision of—
> >
> > > (a) the road transport legislation,
> >
> > > (b) the [Roads Act 1993](/view/html/inforce/current/act-1993-033),
> >
> > > (c) the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041), or
> >
> > > (d) the [Motor Vehicles (Third Party Insurance) Act 1942](/view/html/inforce/current/act-1942-015), or
> >
> > > (e) the [Recreation Vehicles Act 1983](/view/html/inforce/current/act-1983-136),
> >
> > in respect of the use, standing or parking of a motor vehicle within the meaning of that provision.
> >
> > Note.
> >
> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.
>
> > (2) (Repealed)
>
> > (3) In this Act—
> >
> > > (a) a reference to a function includes a reference to a power, authority and duty, and
> >
> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
>
> > (4) Notes included in this Act do not form part of this Act.
>
> **s 3:** Am 1987 No 270, Sch 1 (1); 1989 No 75, Sch 1 (1); 1990 No 46, Sch 1; 1993 No 33, Sch 1; 1999 No 19, Sch 2.3 \[1\]; 1999 No 94, Sch 4.82 \[1\] \[2\]; 2001 No 121, Sch 2.38 \[1\]–\[4\]; 2002 No 130, Sch 2 \[1\] \[2\]; 2004 No 103, Sch 1 \[1\]; 2005 No 11, Sch 3.2 \[1\]; 2007 No 30, Sch 1 \[1\]; 2008 No 54, Sch 1 \[2\]–\[6\]; 2013 No 19, Sch 3; 2025 No 61, Sch 2.8\[1\].