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New South Wales regulation
This regulation replaces the prior Children’s Court Regulation and changes how certain appeals from the Presidential Children’s Court are handled. Mechanically, it treats specified appeals that would go to the District Court as appeals to the Supreme Court and makes those appeals subject to Supreme Court rules. It affects litigants, legal practitioners and court administrators by altering the appellate destination and the procedural rules that apply, and preserves existing legal effects carried over from the prior regulation.
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Direct links to the current provisions in Children’s Court Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Children’s Court Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Children’s Court Act 1987.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Appeals taken to be appeals to the Supreme Court—the Act, s 22A(5)
(1) The following appeals to the District Court in relation to a decision of the Presidential Children’s Court are taken to be an appeal to the Supreme Court—
(a) an appeal under the Children and Young Persons (Care and Protection) Act 1998, section 91, 91I, 109V, 231K or 231O,
(b) an appeal under the Crimes (Appeal and Review) Act 2001, Part 3, including because of the Bail Act 2013, Schedule 2, clause 17,
(c) an appeal under the Crimes (Domestic and Personal Violence) Act 2007, section 84(2).
(2) For the purposes of the appeals—
(a) references in provisions specified in subsection (1) to the District Court are taken to be references to the Supreme Court, and
(b) references to a proclaimed place in the Crimes (Appeal and Review) Act 2001, Part 3 must be disregarded.
(3) The appeals are subject to the rules of court applying to appeals to the Supreme Court.
5 Repeal and savings
(1) The Children’s Court Regulation 2019 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Children’s Court Regulation 2019, had effect under that regulation continues to have effect under this regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Children’s Court Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Children’s Court Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Children’s Court Act 1987.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Appeals taken to be appeals to the Supreme Court—the Act, s 22A(5)
(1) The following appeals to the District Court in relation to a decision of the Presidential Children’s Court are taken to be an appeal to the Supreme Court—
(a) an appeal under the Children and Young Persons (Care and Protection) Act 1998, section 91, 91I, 109V, 231K or 231O,
(b) an appeal under the Crimes (Appeal and Review) Act 2001, Part 3, including because of the Bail Act 2013, Schedule 2, clause 17,
(c) an appeal under the Crimes (Domestic and Personal Violence) Act 2007, section 84(2).
(2) For the purposes of the appeals—
(a) references in provisions specified in subsection (1) to the District Court are taken to be references to the Supreme Court, and
(b) references to a proclaimed place in the Crimes (Appeal and Review) Act 2001, Part 3 must be disregarded.
(3) The appeals are subject to the rules of court applying to appeals to the Supreme Court.
5 Repeal and savings
(1) The Children’s Court Regulation 2019 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Children’s Court Regulation 2019, had effect under that regulation continues to have effect under this regulation.