The Act organises the Children’s Court around several recurring legal and administrative concepts that determine authority, delegation and procedural flexibility.

Court as constituted body and members

• The Court is a statutory court of record (s 4). Its membership is defined functionally: a President (senior appointment), Children’s Judges (specialised Local Court judges) and, where authorised, Local Court judges exercising Children’s Court functions (s 6; s 13(1)(c)). The President is a District Court judge appointed by the Governor (s 6A(1)-(2)), and Children’s Judges are Local Court judges appointed by the Chief Judge in consultation with the President (s 7(1), (1A), (2)(a)).

Delegation and dual service

• The Act accommodates dual-hatting. Service as President is taken to be service in the office of Judge of the District Court (s 6A(5)). The President may still exercise District Court jurisdiction when requested and agreed (s 6A(8)). Conversely, a Children’s Judge remains a Judge of the Local Court and their service as a Children’s Judge is taken to be service as a Local Court Judge (Sch 1 cl 1(1)-(2)). The office of Children’s Judge is declared a statutory office outside the Government Sector Employment Act 2013 (Sch 1 cl 4).

Registrar-led functions and reviewability

• Children’s Registrars are employed under the Government Sector Employment Act 2013 (s 10A(1)), must be Australian lawyers (s 10A(1A)), and may be vested by rules with functions of the Court or Children’s Judge under the Children and Young Persons (Care and Protection) Act 1998 as well as related functions of this Act (s 10A(2)-(3)). Actions taken by registrars exercising those functions are treated as actions of the Court or a Children’s Judge (s 10A(4)), but are reviewable,may be set aside or varied by the Court (s 10A(5)).

Procedural flexibility: rules, practice notes and judicial directions

• The Governor may make rules about practice and procedure (s 23(1)). The rules may deal specifically with criminal practice, registrar functions, reviews of registrar decisions, proceedings under other laws, incidental practice matters, and training for Children’s Judges (s 23(2)). The President may issue practice notes subject to rules; those practice notes must be Gazette‑published and carry many of the same statutory rule formalities under the Interpretation Act 1987 (s 23A(1)-(4)). Where rules and practice notes do not make provision, the Court may give directions in particular proceedings, subject to a constraint: such directions cannot be inconsistent with provisions of the Children and Young Persons (Care and Protection) Act 1998 (s 23B(1)-(3)).

Appeal pathway adjustment

• For decisions of the Presidential Children’s Court, the Act provides that an appeal to the District Court under any Act or law is to be treated as an appeal to the Supreme Court, to the extent prescribed by regulation (s 22A(2)-(5)). This shifts appellate destination for Presidential Court decisions, but the practical scope and effect depend on regulations.

Transitional and conversion mechanics

• The Act contains substantial savings and transitional provisions (Sch 2; Pt 5) that, notably in the 2025 amendments, abolish the office of Children’s Magistrate and convert incumbents to Children’s Judges on commencement date, preserve terms, remuneration and accrued service, continue pending proceedings before the officeholder (Part 5 cl 11-13) and address other technical references (Part 5 cl 16-17; Sch 3 deals with part-time magistrates).

Administrative and consultative machinery

• The President has administrative duties including arranging sittings, convening meetings at least every six months of Children’s Judges and other persons the President thinks fit, regular community engagement, developing rule recommendations and overseeing judicial training (s 16(1)(a)-(g)). The Attorney General must establish, by rules, an Advisory Committee chaired by the President to consult with court users and advise the Attorney General, Minister for Community Services and the Court (s 15A). The Minister for Health must establish and maintain a clinic to perform clinical assessments and report to courts (s 15B).

Core enforcement concept: contempt

• The Act creates a summary contempt procedure for contempt in the face of the Court, with a maximum penalty of 10 penalty units or imprisonment for 14 days, to be dealt with summarily by the Children’s Court (s 21(1)-(2)). Where otherwise the Court would lack jurisdiction over a person for contempt, the Court may exercise the jurisdiction of the Local Court for contempt matters (s 21(3)).

These concepts describe the institutional architecture, the channels for delegation and review, and the procedural instruments that implement the Court’s work. The Act balances centralised appointment and administration against operational flexibility through rules, practice notes and judicial directions.

The Act affects a mixture of judicial office-holders, court staff, executive officers, service providers and court users. The statutory text identifies the following principal categories of affected persons and entities.

Judicial office-holders

• President: appointed by the Governor, must be a sitting Judge of the District Court (s 6A(1)-(2)). The President’s tenure, powers, and administrative responsibilities are set out (s 6A; s 16). The President chairs the Advisory Committee (s 15A(2)).
• Acting President: may be appointed by the Governor, or by the Attorney General where no Governor appointment has been made, from among Children’s Judges (s 6B(1), (1A)). Acting Presidents exercise all Presidential functions while acting (s 6B(2)).
• Children’s Judges: are Local Court judges appointed by the Chief Judge in consultation with the President and must meet knowledge and experience requirements, including training in social/behavioural sciences and working with children and families (s 7(1)-(2), (2A)). Schedule 1 treats their judicial status and terms (Sch 1 cl 1-6).
• Local Court Judges authorised by President and Chief Judge: the Act authorises a Judge of the Local Court to exercise functions of a Children’s Judge where authorised (s 13(1)(c)).

Court administration and staff

• Children’s Registrars: must be employed under the Government Sector Employment Act 2013 (s 10A(1)), must be Australian lawyers (s 10A(1A)) and may be vested by rules with functions of the Court or a Children’s Judge, including under the Children and Young Persons (Care and Protection) Act 1998 (s 10A(2)-(3)). Other registrars and staff are similarly employed under the Government Sector Employment Act (s 11).
• Other Court officers: the Act contemplates other registrars and staff necessary for jurisdictional exercise (s 11).

Executive and ministerial actors

• Governor: appoints the President and may make rules under the Act (s 6A(1); s 23(1)), and may make regulations under s 22A and other saving/transitional regulations (Sch 2, Part 1 cl 1(1)). The Governor also may make proclamations revoking earlier proclamations (Sch 2 cl 4(1)).
• Chief Judge: appoints Children’s Judges and must consult the President (s 7(1), (1A)). The President may also require Children’s Judges to exercise specified functions (s 16(3)).
• Attorney General: establishes the Advisory Committee in accordance with rules (s 15A(1)) and receives reports from the President (s 18). The Attorney General may appoint an Acting President where no Governor appointment has been made (s 6B(1A)).
• Minister for Health: required to establish the Children’s Court Clinic under the rules to perform clinical assessments and submit reports to courts (s 15B(1)-(2)).

Court users and service providers

• Children, young people and families who come before the Court under child protection or criminal-related jurisdiction are affected by who decides their matters (single-member hearings, registrars exercising certain functions, rules and practice notes) (s 12; s 13(1); s 10A(3)).
• Legal practitioners and parties: practice governed by statutory rules, practice notes and Court directions (s 23; s 23A; s 23B). The President’s power to convene training (s 16(1)(g)) and the rules’ power to require Children’s Judges to undertake ongoing courses (s 7(2A)) affect continuing legal education and practice expectations.
• Community groups and social agencies: the President is required to confer regularly with such groups (s 16(1)(d)), and the Advisory Committee includes consultation with persons using the Court (s 15A(3)(a)).

Transitional incumbents

• Former Children’s Magistrates (historically distinct office) are substantively affected by Part 5 (Local Court and Bail Legislation Amendment Act 2025) which abolishes that office and appoints incumbents as Children’s Judges on commencement date, preserving terms and remuneration and continuing proceedings (Part 5 cl 11-13, 14-17). Schedule 3 deals with part-time magistrate remuneration transitional rules.

Other statutes and agencies

• The Children and Young Persons (Care and Protection) Act 1998 is directly implicated via s 10A(3) and limits on directions under s 23B(2). The Local Court Act 2007 is referenced for the definition of Chief Judge (s 3). The Statutory and Other Offices Remuneration Act 1975 governs remuneration entitlements (Sch 1 cl 3). The Government Sector Employment Act 2013 governs registrar employment (s 10A(1); s 11), though the office of Children’s Judge is explicitly excluded from that Act (Sch 1 cl 4).

Who pays and who decides

• The State funds the Court, clinics and registrars via the usual appropriation mechanisms; the Attorney General, Governor and Ministers exercise appointment and regulatory functions (s 6A; s 23; Sch 2 cl 1). Decisions on practice and procedure are made by the Governor in rules, the President in practice notes and directions, and by judicial officers in adjudicating proceedings (s 23; s 23A; s 23B).

The Act therefore distributes rights and duties across judiciary, executive and court staff, reallocates an historical office (Children’s Magistrate), creates non-judicial decision-making nodes (registrars with specific functions) and ties procedural practice to formal rule- and practice-note-making processes.

The Act allocates specific duties to office-holders and creates defined rights for parties and office-holders. Below are the central duties and operational rights, with section citations.

Duties and powers of the President

• Administrative and leadership duties: The President must administer the Court and arrange sittings, convene meetings of Children’s Judges at least once every six months, confer regularly with community groups and social agencies, provide judicial leadership, develop rule recommendations, and oversee training of Children’s Judges and prospective Children’s Judges (s 16(1)(a)-(g)). These are mandatory or prescriptive duties that shape Court governance.
• Delegation and direction: The President may delegate functions to a Children’s Judge (s 16(4)) but may not delegate the power of delegation itself. The President may require specified functions to be exercised by specified Children’s Judges (s 16(3)): a duty imposed on recipients to comply.
• Presidential appointment mechanics: The Governor appoints the President; the President holds office for a term not exceeding five years and remains a District Court judge for tenure and rights purposes (s 6A(1)-(5)). The President may exercise District Court jurisdiction when requested by the Chief Judge and with agreement (s 6A(8)).

Appointment and duties of Children’s Judges

• Qualification and appointment: Children’s Judges must be Judges of the Local Court and must possess knowledge, qualifications, skills and experience in law and the social or behavioural sciences and in dealing with children, young people and their families as determined by the Chief Judge and President (s 7(2)). The Chief Judge appoints them in consultation with the President (s 7(1), (1A)).
• Training requirement: Children’s Judges must undertake and complete ongoing training as the President may require, in consultation with the Chief Judge (s 7(2A)). This imposes a continuing professional development duty on Children’s Judges.
• Service and conditions: A Children’s Judge holds office for a period not exceeding five years (Sch 1 cl 2), is remunerated under the Statutory and Other Offices Remuneration Act 1975 (Sch 1 cl 3), and holds the office outside the Government Sector Employment Act 2013 (Sch 1 cl 4). Service as a Children’s Judge counts as service as a Local Court Judge (Sch 1 cl 1(2)).

Children’s Registrars: functions and constraints

• Employment and professional qualification: Children’s Registrars are to be employed under the Government Sector Employment Act 2013 (s 10A(1)) and must be Australian lawyers (s 10A(1A)).
• Delegated functions: The rules or other Acts may confer on registrars functions of the Court or a Children’s Judge, including functions under the Children and Young Persons (Care and Protection) Act 1998 and related functions of this Act (s 10A(2)-(3)). When a registrar exercises such a function it is taken to have been exercised by the Court or a Children’s Judge (s 10A(4)).
• Reviewability: Any decision, order or direction given by a Children’s Registrar exercising functions under s 10A(3) may be set aside or varied by the Court (s 10A(5)). The Court or a Children’s Judge may still exercise those functions notwithstanding their conferral on registrars (s 10A(6)).

Procedural powers, rules and practice notes

• Rule-making: The Governor may make rules not inconsistent with the Act in relation to Court practice and procedure (s 23(1)). The rules can address criminal procedure, registrar functions, review mechanisms for registrar decisions, proceedings under other laws, incidental practice matters and training (s 23(2)).
• Practice notes: Subject to the rules, the President may issue practice notes (s 23A(1)), which must be published in the Gazette and take effect either on publication or on specified later dates (s 23A(2)). Practice notes may be amended or repealed by the President (s 23A(3)). Sections 40 and 41 of the Interpretation Act 1987 apply to practice notes in the same way as to statutory rules, subject to s 23A(4)-(5).
• Court directions: In proceedings where rules and practice notes make no provision, the Court may give directions appropriate to practice and procedure in that matter (s 23B(1)). Any such directions are valid unless inconsistent with the Children and Young Persons (Care and Protection) Act 1998 (s 23B(2)-(3)).

Rights of parties and judicial procedure

• Orders: The Court may make such orders, including interlocutory orders, as it thinks appropriate in matters within its jurisdiction (s 15). The procedural rights of parties will therefore be exercised within a framework of statutory rules, practice notes and case management directions.
• Appeal pathway: The Act alters the appellate destination for decisions of the Presidential Children’s Court by treating an appeal to the District Court under any Act or law as an appeal to the Supreme Court, to the extent provided by regulations (s 22A(2)-(5)). Parties must therefore consult the regulations to determine appellate rights for Presidential Court decisions.
• Venue and remand mechanics: The Court has power to sit in approved buildings or other places where expedient (s 19), and to adjourn, remand a person, or appoint another day where convenience or fairness requires moving a hearing (s 20). These procedural powers directly affect litigant access and logistical rights.

Contempt and enforcement

• Contempt in the face of the Court is an offence punishable by up to 10 penalty units or 14 days’ imprisonment and is dealt with summarily by the Children’s Court (s 21(1)-(2)). Where jurisdiction would otherwise be lacking, the Court may exercise the Local Court’s jurisdiction for contempt purposes (s 21(3)).

Reporting and advisory duties

• The President must submit reports to the Attorney General as directed and may cover matters directed and other matters the President considers appropriate (s 18). The Attorney General must establish, in accordance with rules, a Children’s Court Advisory Committee for consultation and advice, chaired by the President (s 15A(1)-(3)).

Transitional duties

• The Part 5 transitional provisions impose duties on incumbents and administrators to recognise converted offices and preserve terms and conditions when the office of Children’s Magistrate is abolished (Part 5 cl 11-14). Those affected have rights to continuity of service and are not required to take a new judicial oath on conversion (Part 5 cl 15).

These duties and rights create an administrative and procedural web: appointment powers and training obligations sit with the Chief Judge and President; operational functions may be delegated to registrars but remain reviewable; practice is shaped by Governor-made rules, President-issued practice notes and case-specific directions; contempt and venue rules set enforcement and procedural boundaries.

The Act contains limited express penal provisions and sets out enforcement mechanisms chiefly through the Court’s existing adjudicative powers. The statutory penalties and the means of enforcement are concentrated and procedural rather than broadly punitive.

Contempt

• The principal explicit penalty in the Act is for contempt in the face of the Court. Section 21(1) makes it an offence to commit contempt in the face of the Court with a maximum penalty of 10 penalty units or imprisonment for 14 days. Proceedings for contempt are to be dealt with summarily before the Children’s Court (s 21(2)). Where the Children’s Court otherwise lacks jurisdiction in relation to a person for contempt matters, the Court may exercise the jurisdiction of the Local Court for that purpose (s 21(3)(a)-(b)). The Act therefore centralises contempt enforcement within the Children’s Court, but allows the Court to draw on the Local Court’s jurisdiction when necessary.

Civil and criminal enforcement via orders

• The Act vests the Court with general power to make orders, including interlocutory orders, in relation to all matters within its jurisdiction (s 15). Enforcement of orders depends on the substantive regime under which the Court is exercising jurisdiction (for example, criminal matters, care and protection matters), and those regimes carry their own enforcement machinery not restated in this Act. The Children’s Court’s authority to make orders is therefore the primary civil enforcement mechanism.

Review of registrar decisions

• Where functions of the Court or a Children’s Judge are conferred on a Children’s Registrar (particularly those under the Children and Young Persons (Care and Protection) Act 1998), the Act explicitly provides that a decision, order or direction made by the Children’s Registrar may be set aside or varied by the Court (s 10A(5)). That creates an internal judicial review channel for non-judicial decision-making within the Court apparatus; the Court remains the ultimate enforcement and corrective authority.

Procedural validity and retrospectivity protections

• Section 23B(3) provides that anything done in accordance with a direction under that section is taken to have been validly done. This provision protects certain interlocutory and procedural acts taken in reliance on Court directions, insulating them from collateral attack on validity grounds where the Court has exercised its power to give directions in areas not covered by rules or practice notes.

Rules, practice notes and publication requirements

• Rules are made by the Governor (s 23(1)) and may prescribe practice and procedure, including review mechanisms and registrar functions (s 23(2)). Practice notes issued by the President must be published in the Gazette and, subject to the Interpretation Act’s relevant provisions, have legal effect in the same way as statutory rules (s 23A(2)-(4)). Publication imposes a compliance obligation on practitioners and parties; failure to follow published procedural instruments may result in immediate sanction in ongoing proceedings in the Court, within the Court’s power to control procedure.

No broad criminalisation or civil penalty regime in the Act

• Aside from the contempt penalty and the default remedial powers of the Court to make orders, the Act does not create an extensive scheme of monetary penalties, civil pecuniary penalties or broad criminal offences. Enforcement against non-compliance with rules or practice notes will typically proceed through ordinary case management and contempt or sanction mechanisms available to the Court.

Transitional validation

• The schedules and transitional clauses validate prior acts done by authorised magistrates or under the abolished Children’s Magistrate office where necessary (Sch 2 Part 4 cl 9; Part 5 cl 13), thereby protecting earlier acts from collateral attack on the basis of office reclassification. The Governor is also enabled to make saving and transitional regulations with protections against prejudicial retrospectivity (Sch 2 cl 1(2)-(3)).

Practical enforcement considerations

• Enforcement of orders will therefore rely on the Court’s existing coercive powers (committal for contempt, fines and orders tied to the substantive jurisdiction such as child protection orders or criminal sentences from the relevant bench). Administrative oversight is effected through reporting duties (s 18), rule-making (s 23) and the President’s supervisory functions (s 16). Where non-judicial actors (Children’s Registrars) exercise certain functions, the Court retains power to set aside such decisions (s 10A(5)), ensuring judicial corrective capacity.

In sum, the Act concentrates explicit penal enforcement into contempt jurisdiction while embedding enforcement and correction within the Court’s order-making, review and procedural control powers.

The Act is integrative: it cross-references multiple New South Wales statutes, positions the Children’s Court within the broader court hierarchy and administrative employment regimes, and sets limits where other Acts govern substantive proceedings. The text explicitly references several other laws and embeds dependencies that determine function, procedure and administrative status.

Local Court Act 2007

• The Act defines the Chief Judge in terms of the Local Court Act 2007 (s 3). Children’s Judges must be Judges of the Local Court (s 7(2)(a)) and Schedule 1 treats Children’s Judges’ status as part of their Local Court Judgeship (Sch 1 cl 1-2). The capacity for authorised Local Court judges to exercise Children’s Court functions is set by s 13(1)(c), but authorisation must come from the President and Chief Judge. The 2025 amendments cross-link to the Local Court and Bail Legislation Amendment Act 2025 (Part 5) to abolish the office of Children’s Magistrate and convert incumbents to Children’s Judges (Part 5 cl 11).

Children and Young Persons (Care and Protection) Act 1998

• The Act expressly permits rules to confer functions of the Court or a Children’s Judge on Children’s Registrars including any function under the Children and Young Persons (Care and Protection) Act 1998 and any function of this Act relating to those functions (s 10A(3)). Section 23B(2) also constrains the Court’s power to give directions in particular proceedings by providing that such directions have no effect to the extent that they are inconsistent with any provisions of the Children and Young Persons (Care and Protection) Act 1998 relating to proceedings before the Court. These cross-references ensure that child protection substantive law limits Court directions and provides a statutory framework for registrar-delegated functions.

Government Sector Employment Act 2013

• Children’s Registrars and other registrars/staff are to be employed under the Government Sector Employment Act 2013 (s 10A(1); s 11). Schedule 1, however, expressly excludes the office of Children’s Judge from the Government Sector Employment Act (Sch 1 cl 4), marking a separation between statutory judicial office-holders and the broader public sector employment framework.

Statutory and Other Offices Remuneration Act 1975

• Remuneration for Children’s Judges is governed by the Statutory and Other Offices Remuneration Act 1975 (Sch 1 cl 3). Schedule 3 contains transitional remuneration provisions for part-time Children’s Magistrates, until determinations under that Remuneration Act take effect (Sch 3 cl 2).

Interpretation Act 1987

• Practice notes issued by the President are to be treated, in specified respects, like statutory rules under the Interpretation Act 1987 (s 23A(4)-(5)). This links the formalities, publication and commencement regimes of statutory instruments to President-issued practice notes and therefore affects their legal force and implementation deadlines.

Constitution Act 1902

• The transitional conversion of a judicial office (abolition of Children’s Magistrate and appointment as Children’s Judge) invokes the Constitution Act 1902 s 56(2) regarding the consequences of abolishing a judicial office; Part 5 expressly notes that provision (Part 5 cl 11(1) note).

Other amending Acts (historical cross-references)

• The Act contains savings and transitional provisions consequential on several amending Acts, including the Children and Young Persons Legislation (Repeal and Amendment) Act 1998 (Sch 2 Part 2), Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 (Sch 2 Part 3), Courts and Crimes Legislation Amendment Act 2009 (Sch 2 Part 4), and the Local Court and Bail Legislation Amendment Act 2025 (Sch 2 Part 5). Each amending Act brought structural changes preserved in the schedules and transitional clauses.

Appeal law and other jurisdictional statutes

• Section 22A modifies the appeal route for decisions of the Presidential Children’s Court by treating an appeal to the District Court as an appeal to the Supreme Court to the extent provided by regulation, and allows regulations to modify appeal provisions in other Acts or laws (s 22A(2)-(5)). The practical effect therefore depends on the interaction with the appeal provisions of the particular Act under which an appeal would otherwise lie.

Operational interface and limits

• The Act embeds limits on the Court’s procedural autonomy: Court directions that would be inconsistent with the Children and Young Persons (Care and Protection) Act 1998 have no effect (s 23B(2)). Rules may be made under this Act in relation to any matter for which a rule-making power is conferred on the Court by another Act (s 23(3)), enabling the Court’s rules to incorporate or reflect procedural requirements from other statutes.

In short, the Children’s Court Act 1987 operates within and alongside several statutes that determine judicial status, employment, remuneration, appeal routes and substantive child protection law. The Act delegates administrative, procedural and certain decision-making powers while preserving legal relationships and constraints under the referenced Acts.

The Act’s text carries inline amendment annotations and dedicated transitional Parts and Schedules that evidence periodic reform. The Act as provided shows several discrete amendment phases and their mechanical effects; the schedule and clause notes identify amending Acts by year and schedule reference. The following description summarises the visible amendment markers and the principal mechanical outcomes recorded in the text.

1987 Act and early amendments

• The base Act is the Children’s Court Act 1987. Many sections carry amendment annotations referencing "Am 1987 No 268, Sch 1" indicating original or early consolidations. Those references are attached across definitions, composition and schedules (e.g., s 3, s 6).

1998 amendments

• The 1998 amending Act, cited as the Children and Young Persons Legislation (Repeal and Amendment) Act 1998, inserted Part 3A provisions and Schedule 2 savings and transitional provisions (Sch 2 Part 2). Section-level annotations show "Ins 1998 No 158, Sch 1 [10]" for pt 3A and other insertions such as s 10A (Children’s Registrars) which is annotated "Ins 1998 No 158, Sch 1 [7]". Schedule 2 includes provisions consequential on that 1998 amending Act (Sch 2 Part 2).

1999-2000 amendments

• Schedule 3 material concerning part-time Children’s Magistrates was inserted in 1999 (Ins 1999 No 69, Sch 2.1) and substituted in 2000 (Subst 2000 No 93, Sch 2.6), with consequential changes noted in Sch 1 and other sections.

2007 and 2009 amendments

• There are multiple annotations indicating amendments in 2007 and substantial insertions and substitutions in 2009. Notably:
  • The 2009 amending Act (Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009) inserted provisions such as s 6A (President of Children’s Court) and s 6B (Acting President), s 15A (Advisory Committee), s 15B (Children’s Court Clinic), s 22A (Appeals in relation to decisions of Presidential Children’s Court), s 23A (Practice notes), and s 23B (Court directions in circumstances not covered by rules or practice notes). Many of these are annotated "Ins 2009 No 13, Sch 2.2 [2]" or similar.
  • The 2009 Courts and Crimes Legislation Amendment Act 2009 also appears as an amending instrument in Sch 2 Part 4 (cl 9), validating past acts of authorised magistrates.

2010-2015 amendments

• Minor technical amendments and substitutions are annotated: s 6A was amended in 2010 (Am 2010 No 63, Sch 1.5), s 6B amended in 2015 (Am 2015 No 2, Sch 3.1), and Sch 1 and s 7 annotations show amendments through 2015, including training provisions.

2017 amendment

• Section 23 was re-stated or substantively amended in 2017 (Subst 2017 No 55, Sch 3.2) and annotation shows "Am 2017 No 57, Sch 4.2." This affected the Governor’s rule-making powers and the matters rules may cover.

2025 amendment: Local Court and Bail Legislation Amendment Act 2025

• The most substantial recent recorded change is in 2025. Part 5 (cl 10-17) contains provisions consequent on the Local Court and Bail Legislation Amendment Act 2025 (amending Act). Key mechanical outcomes recorded in the text are:
  • Abolition of the office of Children’s Magistrate and conversion of incumbents to Children’s Judges on commencement date, taking effect without loss of terms, conditions and remuneration, and service continuity (Part 5 cl 11(1)-(4); cl 12-13).
  • Transitional provisions preserving the ability of converted appointees to continue hearing proceedings that were before them as Children’s Magistrates (cl 12).
  • Continuation of other positions that were eligibility-based on being a Children’s Magistrate (cl 14), non-requirement to take a new judicial oath on conversion (cl 15), and construction rules for references to retired Children’s Magistrates and Children’s Magistrates to be read as references to Children’s Judges (cl 16-17).
  • Schedule 1 headings, cl annotations, and numerous section-level annotations also indicate substitution or amendment by 2025 (e.g., s 6, s 7, s 10A and Sch 1).

Savings and transitional provisions

• Schedule 2 contains a bundle of savings and transitional clauses tied to multiple amending Acts over time (Sch 2: Ins 1998 No 158; Am 2007 No 94; Am 2009 No 13; 2009 No 77; 2025 No 61), covering the practical handover of staff, preservation of prior acts and authorisations, and venue provisions. Schedule 3 addresses transitional matters relating to part-time Children’s Magistrates (later Children’s Judges), including remuneration until determinations under the Remuneration Act take effect.

How the amendments operate mechanically

• The Act’s schedules and transitional provisions show that amendments have been implemented largely by: inserting new offices and administrative mechanisms (President, Acting President, Advisory Committee, Clinic, registrars’ expanded functions), converting historical offices (Children’s Magistrate to Children’s Judge), and expanding procedural instruments (practice notes, judicial directions). The schedules protect prior acts and incumbents by validating actions and treating prior service as continuous where conversion of roles occurs (Part 5 cl 13).

The text gives section-level amendment annotations rather than a narrative history; the above sets out the recorded legislative events and highlights the 2009 and 2025 changes as structurally significant.

The statutory text supplied does not include or cite any judicial decisions or litigation history. No case names or reported decisions are referenced within the provided Act text. The Act itself creates appeal pathways and procedural structures that will generate litigation, but the statute does not record any judicial interpretation or reported litigation.

What the Act tells users about litigation paths

• Appeals from decisions of the Presidential Children’s Court are treated in a special way under s 22A: an appeal to the District Court under any Act or law in relation to a decision of the Presidential Children’s Court is, despite that Act or law, taken to be an appeal to the Supreme Court, but only to the extent provided by the regulations (s 22A(2)-(4)). This statutory reallocation of appellate destination will influence appellate practice but the Act leaves the detailed structure to regulations. Practitioners handling appeals from the Presidential Children’s Court will therefore need to consult consequential regulations to determine the correct appellate route and grounds.

Internal review and set-aside

• The Act creates a statutory, internal judicial review channel for action by Children’s Registrars: decisions, orders or directions made by Children’s Registrars exercising functions conferred under s 10A(3) may be set aside or varied by the Court (s 10A(5)). That statutory review provision will be the primary route for challenging registrar determinations made under delegated authority, and any litigation about reviewability or the scope of registrars’ functions will centre on s 10A’s text and the rules by which the functions were conferred.

Contempt and summary processing

• Cases involving contempt in the face of the Court are to be dealt with summarily by the Children’s Court (s 21(2)). This directs how contempt proceedings proceed and will generate litigation only as to the facts of the contempt and the validity of summary procedure.

No recorded judicial interpretations provided

• Because the supplied Act text contains no reported cases or references to judicial determinations, the Act offers no primary guidance from courts about interpretation of its provisions. Practitioners must therefore rely on textual analysis, subsequent regulations and any case law in external sources when arguing points of statutory interpretation. The Act’s construction of appellate routes, registrar delegation, and the President’s administrative powers are areas likely to be litigated; however, the text does not supply any litigation history or judicial exposition.

In practice, for authoritative precedent and litigation history, consult reported decisions and appellate rulings outside this Act text, and examine regulations made under s 22A and s 23 which may have been the subject of judicial scrutiny.

The Act contains several provisions that may produce unanticipated operational effects, compliance obligations or administrative friction if practitioners, administrators or users overlook them. These are practical "watch points" grounded in the statutory text.

Registrar delegation and reviewability

• Children’s Registrars can be given by rules functions of the Court or a Children’s Judge, including functions under the Children and Young Persons (Care and Protection) Act 1998 (s 10A(2)-(3)). This means significant decision-making can legally be exercised by a non-judicial officer, but any such decision is treated as an exercise by the Court and remains subject to judicial review,specifically the Court may set aside or vary decisions made by registrars (s 10A(4)-(5)). Practitioners should therefore check whether a decision was made by a registrar and, if so, whether procedural fairness, statutory limits and review avenues were observed.

Practice notes' quasi‑statutory force

• Practice notes issued by the President must be published in the Gazette and, subject to s 23A(4)-(5), sections 40 and 41 of the Interpretation Act 1987 apply to a practice note in the same way as to a statutory rule. This can catch practitioners who treat practice notes as merely advisory. Failure to follow a published practice note can have procedural consequences since the note carries a formal legal status in many respects.

President’s power to allocate or require exercise of functions

• The President may require specified functions of Children’s Judges to be exercised by specified Children’s Judges or classes of Children’s Judges and such Children’s Judges must comply (s 16(3)). This creates an administrative compulsion on Children’s Judges to accept directions about the allocation of business, which may affect scheduling, specialist assignment and local practice expectations.

Single-member hearings and authorised Local Court judges

• The jurisdiction of the Court may be exercised by a single member, including the President, a Children’s Judge, or a Local Court Judge authorised by the President and Chief Judge to exercise Children’s Judge functions (s 13(1)). Parties and practitioners must check which judicial officer is presiding and whether that officer is properly authorised; administrative authorisation is required where a Local Court judge sits under s 13(1)(c).

Presidential Court appeals redirected by regulation

• Section 22A treats appeals to the District Court from decisions of the Presidential Children’s Court as appeals to the Supreme Court "despite the provisions of that Act or law", but only to the extent provided by regulations (s 22A(2)-(4)). The practical effect depends entirely on the content of regulations. Failure to consult the relevant regulations may lead to misdirected appeals and procedural jurisdictional error.

Conversion of offices and continuity assumptions (2025 amendments)

• The office of Children’s Magistrate was abolished and incumbents were appointed as Children’s Judges on the commencement date (Part 5 cl 11). The Act takes service as a Children’s Magistrate to be service as a Children’s Judge and preserves terms and remuneration (Part 5 cl 11(3)-(4); cl 13). However, practitioners should note the Act also states that unless the contrary intention appears, references to Children’s Magistrate in Acts or instruments must be read as references to Children’s Judge (Part 5 cl 17). Where historic instruments or interstitial regulations refer to Children’s Magistrates, there may be interpretative friction if the instrument's text or intent depends on the now-abolished office.

Oath not required on conversion

• A person appointed as a Children’s Judge by Part 5 is not required to take a judicial oath in relation to the office of Children’s Judge (cl 15(1)). This is a technical point that may surprise parties or administrative staff expecting a re‑swearing ceremony.

Statutory office outside Government Sector Employment Act

• Schedule 1 declares that the office of Children’s Judge is a statutory office and the Government Sector Employment Act 2013 does not apply to it (Sch 1 cl 4). Administrative expectations that apply to public sector employees under the GSE Act may therefore not apply to Children’s Judges; distinct employment and condition frameworks governed by other statutory instruments apply.

Constraints on Court directions in care and protection matters

• The Court’s power to give directions in areas not covered by rules or practice notes is subject to the Children and Young Persons (Care and Protection) Act 1998 (s 23B(2)). Where care and protection provisions prescribe specific procedures, Court directions inconsistent with those provisions have no effect; this is a potential source of procedural invalidity if not checked.

Contempt jurisdiction and out-of-jurisdiction persons

• Where the Children’s Court would not otherwise have jurisdiction over a person for contempt, the Act explicitly allows the Children’s Court to exercise the Local Court’s jurisdiction to deal with that person for contempt (s 21(3)). Practitioners should note that the Court’s summary processes and penalty ceiling (10 penalty units or 14 days imprisonment) are the statutory constraints in such cases.

Training mandates

• Children’s Judges are required to undertake ongoing courses of training as the President may require (s 7(2A)), and the rules can prescribe courses of training for Children’s Judges and prospective appointees (s 23(2)(f)). This imposes continuing education obligations that can affect allocation of judicial time and administrative planning.

Practical administrative complexity

• The combination of Governor-made rules, President-issued practice notes (with formal publication requirements), and Court directions for matters not covered by rules or practice notes (s 23; s 23A; s 23B) creates multiple layers of procedural instruments. Ensuring compliance requires monitoring Gazette publications, rules, and practice notes, and noting any constraints in the Children and Young Persons (Care and Protection) Act 1998. Failure to monitor any layer risks procedural missteps.

In short, the main operational gotchas stem from delegation to registrars (with reviewability), the quasi‑statutory force of practice notes, conversion of judicial offices (and interpretative consequences), the President’s extensive administrative direction powers, and the need to check regulations for altered appeal routes under s 22A.

This section sets out practical steps for judicial administrators, registrars, practitioners and parties to ensure compliance with the statutory architecture and to reduce procedural risk. All steps reference the relevant statutory hooks.

For appointing authorities (Governor, Chief Judge, Attorney General)

• Follow the appointment and qualification clauses literally: appoint a President who holds office as a Judge of the District Court and issue a commission under the public seal (s 6A(1)-(2)). For Children’s Judges, ensure appointees are Judges of the Local Court and that the Chief Judge consults the President prior to appointment (s 7(1)-(2), (1A)). Record terms not exceeding five years in the instrument of appointment (s 6A(3); Sch 1 cl 2).
• Where Acting Presidents are required, appoint from Children’s Judges either by Governor instrument or, absent a Governor appointment, by the Attorney General (s 6B(1), (1A)). Ensure the instrument specifies the period or vacancy to which the appointment relates (s 6B(1B)).

For court administration and the President

• Publish practice notes in the Gazette when issued and ensure they comply with the formalities and timing requirements in s 23A(2)-(5). Treat practice notes as carrying many of the same publication-consequences as statutory rules because sections 40 and 41 of the Interpretation Act 1987 apply to them in the same way (s 23A(4)).
• Develop rules and practice notes in a co‑ordinated way to avoid gaps and inconsistencies. Use the Governor’s rule‑making power in s 23(1) to cover practice or procedure matters not appropriately handled in practice notes, ensuring rules address the items specified in s 23(2), such as registrar functions and training.
• When issuing directions in particular proceedings where rules or practice notes do not apply, ensure the directions are not inconsistent with the Children and Young Persons (Care and Protection) Act 1998 (s 23B(1)-(2)). Keep a written record of directions and the statutory basis for issuing them, because s 23B(3) treats acts taken in accordance with such directions as validly done.

For Children’s Registrars and registrar employers

• Employ Children’s Registrars under the Government Sector Employment Act 2013 as required (s 10A(1)) and confirm Australian lawyer status for appointees (s 10A(1A)). Maintain files evidencing legal qualification and employment basis.
• Implement any rules that confer court functions on registrars strictly in accordance with the rules and the limits in s 10A. Because registrar decisions exercising functions under s 10A(3) may be set aside or varied by the Court (s 10A(5)), maintain rigorous record-keeping, reasons, notice and review mechanisms to facilitate judicial supervision.

For Children’s Judges

• Undertake ongoing courses of training as required by the President in consultation with the Chief Judge, and ensure attendance and completion are documented (s 7(2A); s 16(1)(g); s 23(2)(f)). Prepare to comply with Presidential directions about specified function allocations (s 16(3)).
• Be aware that service as Children’s Judge counts as service as a Local Court Judge for all purposes (Sch 1 cl 1(2)) and confirm employment condition distinctions (Sch 1 cl 4 excludes the office from the Government Sector Employment Act 2013).

For legal practitioners and parties

• Monitor Gazette publications for practice notes (s 23A(2)) and be familiar with the Governor-made rules applicable to Children’s Court practice (s 23). Treat published practice notes as binding guidance with legal effects similar in many respects to statutory rules (s 23A(4)).
• Before filing appeals from decisions of the Presidential Children’s Court, check relevant regulations under s 22A to confirm the correct appellate route (s 22A(2)-(4)). Failure to do so may result in misdirected filings.
• In proceedings implicating the Children and Young Persons (Care and Protection) Act 1998, ensure any proposed procedural arrangements are consistent with that Act because Court directions inconsistent with it have no effect (s 23B(2)).

For court users and community organisations

• Engage with the President’s consultative processes and the Advisory Committee where appropriate: the Attorney General is to establish a Children’s Court Advisory Committee in accordance with the rules and the President is Chair (s 15A(1)-(2)); the Committee is tasked with consulting with persons using the Court and advising the Attorney General, Minister for Community Services and the Court (s 15A(3)).
• Where clinical assessments may be relevant, note the Children’s Court Clinic’s functions under s 15B and ensure procedural and evidential pathways for clinic reports are followed as prescribed in rules or practice notes.

For administrators handling the Part 5 transition (abolition of Children’s Magistrate)

• Apply the conversion mechanics exactly: on the commencement date the office of Children’s Magistrate is abolished and incumbents are appointed as Children’s Judges under Part 5 cl 11; document the continuity of terms and conditions (cl 11(3)-(4)). Do not require a judicial oath for converted appointees (cl 15(1)).
• Ensure that ongoing proceedings before a converted incumbent continue seamlessly (cl 12) and that references to Children’s Magistrates in instruments are read as references to Children’s Judges unless a contrary intention appears (cl 17).

Recordkeeping, publication and internal review

• Keep a central register of rules, practice notes, Gazette notices and statutory instruments affecting Court practice. Given the multi‑layered regime (Governor rules, President practice notes, Court directions), effective version control and public access reduce compliance risk.
• Maintain logs of registrar decisions, reasons and notices of review to avoid procedural defects and to meet the Court’s power to set aside registrar decisions where invoked (s 10A(5)).

Contempt management

• Train court staff and counsel in courtroom behaviour protocols and ensure that contempt processes are handled through the Court’s summary mechanisms (s 21(1)-(2)). For persons outside usual jurisdictional reach, document the statutory basis for exercising Local Court jurisdiction for contempt (s 21(3)).

In short, compliance requires organisational routines: appointment and commission paperwork that follow s 6A and s 7; publication and Gazette-monitoring for practice notes; rule-making coordination between the Governor and President; registrar employment and qualification verification; and continuity procedures for conversion of judicial offices and management of pending proceedings.