It establishes detailed procedural rules for the Children’s Court — filing, service, hearings, subpoenas, electronic filing (JusticeLink), registrars’ delegated powers, assessment reports and forms. It affects parties, lawyers, registrars, expert assessors, the Children’s Court Clinic and Advisory Committee by fixing timings, document formats and service methods that determine compliance costs, judicial discretion and case‑management outcomes.
The Children’s Court Rule 2000 (the Rule) sets out the general practice and procedure for proceedings before the Children’s Court of New South Wales. It prescribes filing, service, registry and sitting arrangements; the functions and delegated powers of Children’s Registrars; detailed rules for care proceedings (including dispute resolution conferences, guardians ad litem, records and subpoenas); special provisions for criminal proceedings involving children and young people; procedures for the Court’s Children’s Court Clinic and its assessment reports; and the constitution and procedure of the Children’s Court Advisory Committee. The Rule commenced on 18 December 2000 (clause 2) and applies to all proceedings before the Court unless a specific provision of the Act or regulations provides otherwise (clause 5(1)-(2)).
Mechanically the Rule:
Defines key terminology used throughout the Rule (clause 3) and treats references to the Registry and Registrar as location-specific once proceedings have been commenced (clause 3(2)).
Allows the Court to waive compliance with any requirement of the Rule and to extend or shorten times set by the Rule, an order or judgment (clauses 6-7).
Prescribes administrative matters: custody and imprinting of the Court seal and sealing of documents (clause 8); venue and sittings (clauses 9-11); and delegation of certain functions to Registrars (clause 11A).
Governs filing (Part 4) by specifying acceptable means (hand, post, fax, or electronic transmission under Part 4A), requiring original documents and sufficient copies (clause 12), and fixing the proper Registry for care proceedings (clause 13). It imposes constraints on facsimile filing (clause 15).
Establishes an electronic case management regime (Part 4A) authorising the use of JusticeLink and an Online Registry, sets authentication rules for electronic filing, and mandates formats, coversheets and registration requirements for users (clauses 15A-15F).
Current sections
Direct links to the current provisions in Children’s Court Rule 2000.
young person means a person who is aged 16 years or above but who is under the age of 18 years.
(2) In this Rule—
(a) a reference to the Registry is to be read, in a case where proceedings have been instituted, as a reference to the Registry of the Court at the place in which the proceedings have been instituted, and
(b) a reference to the Registrar is to be read, in a case where proceedings have been instituted, as a reference to the Registrar of the Registry in which the proceedings have been instituted.
(3) In this Rule, a reference to a numbered Form is a reference to the Form of that number set out in Schedule 1.
The explanatory note, table of contents and notes in the text of this Rule do not form part of this Rule.
Part 2
Application of this Rule
Part 2 Application of this Rule
Part 2 Application of this Rule
5
Rule applies to all proceedings before the Children’s Court
5 Rule applies to all proceedings before the Children’s Court
5 Rule applies to all proceedings before the Children’s Court
(1) The general practice and procedure of the Court set out in this Rule applies to all proceedings commenced before the Court, unless otherwise specified.
(2) However, any practice or procedure set out in this Rule in relation to proceedings that is inconsistent with—
(a) the Act under which the Court has jurisdiction to hear the proceedings, or
(b) any regulation made under that Act,
does not apply to the extent of the inconsistency.
6
Court may waive compliance with Rule
6 Court may waive compliance with Rule
6 Court may waive compliance with Rule
(1) The Court may, on any terms and conditions that the Court considers appropriate, waive any of the requirements of this Rule in respect of the practice and procedure to be followed in connection with any proceedings before the Court or in connection with any aspect of any proceedings before the Court.
(2) Compliance may be waived before or after the occasion for compliance arises.
7
Extension or shortening of time
7 Extension or shortening of time
7 Extension or shortening of time
(1) The Court may, on any terms or conditions that the Court considers appropriate, extend or shorten any time fixed by this Rule, or by any judgment, decision or order of the Court, for doing, or refraining from doing, any act or thing in relation to proceedings.
(2) Time may be extended under this clause before or after the time expires, whether an application for the extension is made before or after the time expires.
Part 3
Administration of the Court
Part 3 Administration of the Court
Part 3 Administration of the Court
8
Seal
8 Seal
8 Seal
(1) The seal of the Court is to have the wording “The Children’s Court of New South Wales”.
(2) Each Registrar is to have custody of a seal.
(3) Each document (including any accompanying copy) that is issued out of the Court is to be sealed with the seal of the Court.
9
Venue
9 Venue
9 Venue
Proceedings before the Court are to be heard at the place where the proceedings were instituted, unless the Court, or the Registrar of the Registry where the proceedings were instituted, otherwise directs.
10
Sittings
10 Sittings
10 Sittings
Subject to section 19 of the Act, and clause 5 of Schedule 2 to the Act—
(a) the Court may sit at the places and the times that the Court determines, and
(b) the Court must sit at the places and times that the President directs, and
(c) the President may, with the concurrence of the Chief Magistrate, make arrangements for a Children’s Magistrate to exercise the jurisdiction of the Children’s Court at the premises of a Local Court.
cll 10: Am 2009 No 13, Sch 2.6 [1].
11
Arrangements for sittings
11 Arrangements for sittings
11 Arrangements for sittings
The President may direct that particular sittings of the Court will deal with care proceedings only or with criminal proceedings only.
cll 11: Am 2009 No 13, Sch 2.6 [1].
11A
Delegation of functions
11A Delegation of functions
11A Delegation of functions
The Court may delegate to a Registrar the exercise of any of the functions conferred on the Court by this Rule, other than this power of delegation.
cl 11A: Ins 2006 (810), Sch 1 [2].
Part 4
Filing
Part 4 Filing
Part 4 Filing
12
Filing documents
12 Filing documents
12 Filing documents
(1) A document must not be accepted for filing unless it complies with this Part or Part 4A.
(2) A document may be filed—
(a) in accordance with this Part—
(i) by hand, or
(ii) by posting it to the relevant Registry, or
(iii) by facsimile transmission, or
(b) by electronic transmission in accordance with Part 4A.
(3) An original document must be filed under this Part together with sufficient copies to enable service on all parties to proceedings.
cl 12: Subst 2018 (744), Sch 1 [1].
13
Place of filing
13 Place of filing
13 Place of filing
In relation to care proceedings, a document filed under this Part must be filed—
(a) in the case of an application or proceedings relating to a child or young person who is normally resident within the metropolitan area of Sydney, Newcastle or Wollongong—with any Registrar within the relevant metropolitan area, or
(b) in any other case—with the Registrar closest to the place where the child or young person normally resides.
cl 13: Am 2018 (744), Sch 1 [2].
14
14
14 (Repealed)
15
Filing a document by facsimile transmission
15 Filing a document by facsimile transmission
15 Filing a document by facsimile transmission
(1) Any document to be filed may be lodged by facsimile transmission if—
(a) the matter is urgent, and
(b) where the party filing the document is not legally represented—the party lives more than 20 kilometres from the Registry, and
(c) where the party filing the document is legally represented—the legal representative’s principal office is more than 20 kilometres from the Registry, and
(d) it is not practicable to lodge the document in any other way.
(2) A document to be filed must not be lodged by facsimile transmission in any other circumstances without the leave of the Court.
Part 4A
Electronic case management
Part 4A Electronic case management
Part 4A Electronic case management
pt 4A: Ins 2018 (744), Sch 1 [4].
15A
Definitions
15A Definitions
15A Definitions
(1) In this Part—
coversheet means a page that is generated by JusticeLink that includes details about the case in which the document is being filed (including the case number).
JusticeLink means the electronic case management system of that name established for the Court under clause 2 of Schedule 1 to the Electronic Transactions Act 2000.
Online Registry means the electronic case management system of that name established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000.
registered user means a person who is registered as a user of the Online Registry.
upload, in relation to a document, means to transfer an electronic version of the document from a computer or other device to JusticeLink.
(2) In this Part, a reference to filing a document in Court includes a reference to any other method of sending a document to the Court.
cl 15A: Ins 2018 (744), Sch 1 [4].
15B
Electronic filing of documents
15B Electronic filing of documents
15B Electronic filing of documents
(1) This clause applies to any document that is permitted to be filed using JusticeLink.
(2) In any proceedings, a document permitted to be filed using JusticeLink may be filed in the Court on behalf of a party to the proceeding by a person who is—
(a) a party to proceedings (including a police prosecutor or a caseworker employed by the Department of Communities and Justice), or
(b) a relevant legal practitioner for a party in proceedings.
(3) A document that is filed by means of JusticeLink is taken to have been filed when JusticeLink gives notification of receipt of the document.
(4) Notification of receipt of a document, and of the date and time of the receipt, is to be given, by means of JusticeLink, to the person by whom the document was filed.
(5) When filed by means of JusticeLink, a document that is required to be signed by a person is taken to have been duly authenticated for the purposes of clause 5 of Schedule 1 to the Electronic Transactions Act 2000 if the person’s name is printed where his or her signature would otherwise appear.
cl 15B: Ins 2018 (744), Sch 1 [4]. Am 2020 (99), Sch 1[1].
15C
Uploading documents
15C Uploading documents
15C Uploading documents
(1) This clause applies to any document that may be, or is required to be, uploaded and submitted for filing on JusticeLink.
(2) A true and complete copy of the document must be uploaded in the format approved by the President.
(3) Each document uploaded must be accurately described.
(4) If the document is an affidavit, the description of the document must include the name of the deponent and the date that the affidavit was sworn or affirmed.
(5) If an affidavit or statement of evidence is uploaded, it must include—
(a) a clear, legible copy of the signature of the deponent of the affidavit or person making the statement, and
(b) if the document has been witnessed, a clear legible copy of the signature of the witness, and
(c) if the document is an affidavit executed in New South Wales, a duly completed certificate under the Oaths Act 1900.
(6) A person who has filed a document by uploading it is taken to have agreed that, if the Court so requires, he or she will file the original document in accordance with the Court’s directions.
cll 15C–15F: Ins 2018 (744), Sch 1 [4].
15D
Electronic issuing of a document
15D Electronic issuing of a document
15D Electronic issuing of a document
(1) The Court may, by means of JusticeLink, issue any document authorised to be issued under the Electronic Transactions Act 2000.
(2) The date on which the document was issued must be set out in the document.
(3) When issued by means of JusticeLink, a document that is required to be signed by a person is taken to have been duly authenticated for the purposes of clause 5 of Schedule 1 to the Electronic Transactions Act 2000 if the person’s name is printed where his or her signature would otherwise appear.
cll 15C–15F: Ins 2018 (744), Sch 1 [4].
15E
Coversheet generated by JusticeLink
15E Coversheet generated by JusticeLink
15E Coversheet generated by JusticeLink
(1) The coversheet is to include a seal and a note of the date and time of filing.
(2) If a document is submitted for filing under clause 15B and accepted by JusticeLink, the person who submitted the document will be sent a copy of the document submitted for filing with a coversheet inserted as the first page of the document.
(3) If a coversheet has been inserted as the first page of the document in accordance with subclause (2), the coversheet is taken to be part of the document for the purposes of this Part.
(4) If, as a result of the filing of a document, JusticeLink has automatically listed the proceedings, then the coversheet will include a notice of the date, time and place that the proceedings have been listed.
(5) If the document submitted for filing under clause 15C includes the other associated documents as attachments under that clause, then the document and the other associated documents will all be included under the one coversheet.
cll 15C–15F: Ins 2018 (744), Sch 1 [4].
15F
Registration of users for Online Registry
15F Registration of users for Online Registry
15F Registration of users for Online Registry
(1) Any person may apply to be a registered user by completing and submitting the application form, and agreeing to comply with the terms and conditions, published on the Online Registry website.
Note—
The Children’s Court is authorised to use the Online Registry for the purposes of use in proceedings, but only so as to enable information concerning the progress of the proceedings to be provided in electronic form to legal practitioners representing parties to the proceedings. See Schedule 5 to the Electronic Transactions (ECM Courts) Order 2005.
(2) A person applying to be a registered user must provide such information as may be required by the application form including whether or not the applicant is a legal practitioner.
(3) A registrar of the Court may direct that the registration of a person be cancelled if, in the opinion of the registrar, the person should not have been registered as a user of the Online Registry.
cll 15C–15F: Ins 2018 (744), Sch 1 [4].
Part 5
General practice and procedure applicable to care proceedings and criminal proceedings
Part 5 General practice and procedure applicable to care proceedings and criminal proceedings
Part 5 General practice and procedure applicable to care proceedings and criminal proceedings
16
Documents to be lodged in time
16 Documents to be lodged in time
16 Documents to be lodged in time
(1) Any document that is intended to be tendered in evidence in any proceedings must be lodged with the Court on or before the working day preceding that on which the next hearing of the proceedings is to take place.
(2) Any such document may not be tendered in evidence in any proceedings unless each party to the proceedings was given a copy of the document on or before the previous working day.
17
17
17 (Repealed)
18
Reports
18 Reports
18 Reports
(1) Any report required by the Court is, unless the Court otherwise directs, to be filed with the Court on or before the working day preceding that on which the next hearing of the proceedings for which the report is required is to take place.
(2) Unless the Court otherwise directs, the Registrar must, on or before the working day preceding that on which the next hearing of the proceedings is to take place, make a copy of any such report available to all parties to the proceedings.
(3) For the purpose of making the copy of the report available to the child or young person to whom the proceedings relate, the Registrar must make the copy available to—
(a) any legal practitioner or agent who is noted in the record of the Court as representing the child or young person, or
(b) if the child or young person is represented by a duty solicitor from the Children’s Legal Service Division of the Legal Aid Commission—the duty solicitor.
(4) This clause does not apply to any assessment report submitted by the Children’s Court Clinic.
18A
Forms
18A Forms
18A Forms
(1) The President—
(a) may approve forms for documents to be used in connection with proceedings in the Court, and
(b) in the case of documents filed with the Court, or issued by the Court, by means of an ECM system within the meaning of the Electronic Transactions Act 2000, may approve the format in which such documents are to be filed or issued.
(2) Copies of the approved forms are to be made available for public inspection at each registry of the Court and on the Court’s internet website.
(3) Subject to this Rule, if a form is approved in relation to a document to be used in connection with proceedings in the Court, a document that is filed with or issued by the Court is to be in that form.
cl 18A: Ins 2006 (810), Sch 1 [3]. Am 2007 No 27, Sch 2.9 [1]; 2009 No 13, Sch 2.6 [1].
Part 6
Care proceedings
Part 6 Care proceedings
Part 6 Care proceedings
Division 1
Functions of Children’s Registrars
Division 1 Functions of Children’s Registrars
Division 1 Functions of Children’s Registrars
19
Functions of Children’s Registrars
19 Functions of Children’s Registrars
19 Functions of Children’s Registrars
For the purposes of section 10A of the Act, the following functions are conferred on a Children’s Registrar—
(a) dispensing with the service of any process,
(b) extending or shortening any time fixed by this Rule, or by any judgment, decision or order of the Court, for doing, or refraining from doing, any act or thing in relation to proceedings,
(c) making orders in relation to service and substituted service,
(e) referring contested interim orders under section 69 or 70 of the Children and Young Persons (Care and Protection) Act 1998 to a Magistrate sitting as a Children’s Court and making directions for the preparation for hearing and set down for an interim hearing,
(f) referring parties to alternative dispute resolution or to another conference, but only if the parties have agreed and such alternative dispute resolution or conference is permissible under an Act,
(g) adjourning proceedings,
(h) any other functions conferred or imposed by or under this Rule.
Note—
Section 10A of the Children’s Court Act 1987 provides that a Children’s Registrar has such functions as may be conferred or imposed by the rules or by or under any other Act. The Children and Young Persons (Care and Protection) Act 1998 confers certain functions on a Children’s Registrar. For example, section 65 of that Act requires a Children’s Registrar to arrange and conduct a dispute resolution conference between parties after a care application has been made under that Act.
(ii) any other Court in the exercise of its jurisdiction with respect to the custody or guardianship of children or parental responsibility for children.
cl 21: Subst 2009 No 13, Sch 2.6 [3].
22
Additional details to accompany certain urgent applications
22 Additional details to accompany certain urgent applications
22 Additional details to accompany certain urgent applications
If an application is made for an emergency care and protection order under section 45 of the Children and Young Persons (Care and Protection) Act 1998, the applicant must by affidavit, by oral evidence or in any other manner approved by the Court, provide details of the reasons why the applicant considers that the child or young person is at risk of serious harm sufficient to warrant the Court making an emergency care and protection order.
23
Commencement of proceedings regarding care application
23 Commencement of proceedings regarding care application
23 Commencement of proceedings regarding care application
A Registrar with whom a care application is filed must cause the application (including any accompanying copy) to be endorsed with a notice of the time, date and place set down for a dispute resolution conference or the hearing of the application.
cl 23: Am 2012 (633), Sch 1 [4].
24
Attendance at dispute resolution conferences
24 Attendance at dispute resolution conferences
24 Attendance at dispute resolution conferences
A Children’s Registrar may require the attendance of a party, or a party’s legal representative, at a dispute resolution conference.
cl 24: Am 2012 (633), Sch 1 [5].
25
Conduct of dispute resolution conferences
25 Conduct of dispute resolution conferences
25 Conduct of dispute resolution conferences
A dispute resolution conference is to be conducted in accordance with any practice directions of the Court dealing with dispute resolution conferences.
cl 25: Am 2012 (633), Sch 1 [6].
Division 3
Special provisions relating to children and young persons
Division 3 Special provisions relating to children and young persons
Division 3 Special provisions relating to children and young persons
26
Children and young persons as witnesses
26 Children and young persons as witnesses
26 Children and young persons as witnesses
(1) A child or young person to whom care proceedings relate, and who has consented to give evidence in those proceedings, must not be called as a witness in those proceedings otherwise than by, or by leave of, the Court.
(2) The Court must not call, nor give leave for the calling of, such a child or young person unless the Court has taken into consideration—
(a) the child’s or young person’s age, maturity and level of understanding, and
(b) the nature of the evidence that the child or young person is likely to give, and
(c) the importance of that evidence to the decision that the Court is required to make in respect of the proceedings, and
(d) the likely reliability of that evidence, and
(e) the effect that the giving of evidence generally, or the giving of evidence of the nature that the child or young person is likely to give, is likely to have—
(i) on the emotional well-being of the child or young person, and
(ii) on the child’s or young person’s relationships with other persons, and
(f) any other matters that the Court considers appropriate.
(3) This clause does not apply where the child or young person is called to give evidence on his or her own behalf.
27
Evidence of school attendance
27 Evidence of school attendance
27 Evidence of school attendance
In any care proceedings, the Court may admit evidence that a child or young person has failed to attend school regularly.
Division 4
Application for appointment of a person to act as guardian ad litem
Division 4 Application for appointment of a person to act as guardian ad litem
Division 4 Application for appointment of a person to act as guardian ad litem
28
Guardian ad litem for child or young person
28 Guardian ad litem for child or young person
28 Guardian ad litem for child or young person
(1) An application for the appointment of a person to act as guardian ad litem for a child or young person under section 100 (1) of the Children and Young Persons (Care and Protection) Act 1998 may be made at the same time as an application in care proceedings is made in respect of the child or young person or at any time after that.
(2) Such an application may be made by—
(a) the person by whom an application in care proceedings was made, or
(d) a legal practitioner or agent appearing on behalf of the child, or
(e) the proposed guardian ad litem.
(3) Such an application must be supported by an affidavit setting out—
(a) the relationship (if any) between the proposed guardian ad litem and the child or young person, and
(b) the way in which the best interests of the welfare of the child or young person would be promoted by the appointment of the proposed guardian ad litem.
(4) A copy of the order of appointment of a guardian ad litem for a child or young person (whether made by the Court on its own motion or on application made in accordance with this clause) must be served on each party to the proceedings before the next hearing of the proceedings takes place.
29
Guardian ad litem for parents of child or young person
29 Guardian ad litem for parents of child or young person
29 Guardian ad litem for parents of child or young person
(1) An application for the appointment of a person to act as guardian ad litem for either or both of the parents of a child or young person under section 101 (1) of the Children and Young Persons (Care and Protection) Act 1998 may be made at the same time as an application in care proceedings is made in respect of the child or young person or at any time after that.
(2) Such an application may be made by—
(a) the person by whom the application in care proceedings was made, or
(b) either or both of the parents of the child or young person, or
(d) a legal practitioner or agent appearing on behalf of either or both of the parents of the child, or
(e) the proposed guardian ad litem.
(3) Such an application must be supported by an affidavit setting out—
(a) the relationship (if any) between the proposed guardian ad litem and the parent, and
(b) the way in which the best interests of the welfare of the parent would be promoted by the appointment of the proposed guardian ad litem.
(4) A copy of the order of appointment of a guardian ad litem for a parent of a child or young person (whether made by the Court on its own motion or on application made in accordance with this clause) must be served on each party to the proceedings before the next hearing of the proceedings takes place.
Division 5
Records
Division 5 Records
Division 5 Records
30
Record of proceedings
30 Record of proceedings
30 Record of proceedings
(1) The Court is to cause a record to be kept of any proceedings before it on a care application.
(2) That record must include—
(a) the deposition of any witness in the proceedings, and
(b) particulars of any order made by the Court in the proceedings, and
(c) any reasons given by the Court for the making of any such order.
(3) Without limiting subclause (2), the Registrar must maintain any other records, registers and indexes that the President may direct.
cl 30: Am 2009 No 13, Sch 2.6 [1].
Division 6
Subpoenas
Division 6 Subpoenas
Division 6 Subpoenas
pt 6, div 6 (cll 30A–30E): Ins 2006 (810), Sch 1 [5].
30A
Form of subpoena
30A Form of subpoena
30A Form of subpoena
(1) A subpoena must not be addressed to more than one person.
(2) Unless the Court orders otherwise, a subpoena must identify the addressee by name or by description of office or position.
(3) A subpoena for production must—
(a) identify the document or thing to be produced, and
(b) specify the date, time and place for production.
(4) A subpoena to attend to give evidence must specify the date, time and place for attendance.
(5) The date specified in a subpoena must be the date of the hearing to which it relates or any other date as permitted by the Court.
(6) The place specified for production may be the Court or the address of any person authorised to take evidence in the proceeding as permitted by the Court.
(7) A subpoena must specify the last date for service of the subpoena, being a date not earlier than—
(a) 5 days, or
(b) any shorter or longer period as ordered by the Court and specified in the subpoena,
before the date specified in the subpoena for compliance with it.
(8) The party on whose application a subpoena for production is issued must cause copies of the subpoena to be served not only on the person addressed in the subpoena but also on all of the other parties to the proceedings.
pt 6, div 6 (cll 30A–30E): Ins 2006 (810), Sch 1 [5].
30B
Setting aside or other relief
30B Setting aside or other relief
30B Setting aside or other relief
(1) The Court may, on the application of a party or any person having a sufficient interest, set aside a subpoena in whole or in part.
(2) An application under subclause (1) must be made on notice to the issuing party.
(3) The Court may order that the applicant give notice of the application to any other party or to any other person having a sufficient interest.
pt 6, div 6 (cll 30A–30E): Ins 2006 (810), Sch 1 [5].
30C
Compliance with subpoena
30C Compliance with subpoena
30C Compliance with subpoena
(1) An addressee need not comply with the requirements of a subpoena to attend to give evidence unless conduct money has been handed or tendered to the addressee a reasonable time before the date on which attendance is required.
(2) An addressee need not comply with the requirements of a subpoena unless it is served on or before the date specified in the subpoena as the last date for service of the subpoena.
(3) An addressee must comply with the requirements of a subpoena even if it has not been served personally on that addressee if the addressee has, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
(4) The addressee must comply with a subpoena for production—
(a) by attending at the date, time and place specified for production and producing the subpoena or a copy of it and the document or thing to the Court or to the person authorised to take evidence in the proceeding as permitted by the Court, or
(b) by delivering or sending the subpoena or a copy of it and the document or thing to the Registrar at the address specified for the purpose in the subpoena, so that they are received not less than 2 clear days before the date specified in the subpoena for attendance and production.
(5) In the case of a subpoena that is both a subpoena to attend to give evidence and a subpoena for production, production of the subpoena or a copy of it and of the document or thing in any of the ways permitted by subclause (4) does not discharge the addressee from the obligation to attend to give evidence.
pt 6, div 6 (cll 30A–30E): Ins 2006 (810), Sch 1 [5].
30D
Production otherwise than on attendance
30D Production otherwise than on attendance
30D Production otherwise than on attendance
(1) This clause applies if an addressee produces a document or thing in accordance with clause 30C (4) (b).
(2) The Registrar must, if requested by the addressee, give a receipt for the document or thing to the addressee.
(3) If the addressee produces more than one document or thing, the addressee must, if requested by the Registrar, provide a list of the documents or things produced.
(4) The addressee may, with the consent of the issuing party, produce a copy, instead of the original, of any document required to be produced.
(5) The addressee may at the time of production inform the Registrar in writing that any document or copy of a document produced need not be returned and may be destroyed.
pt 6, div 6 (cll 30A–30E): Ins 2006 (810), Sch 1 [5].
30E
Removal, return, inspection, copying and disposal of documents and things
30E Removal, return, inspection, copying and disposal of documents and things
30E Removal, return, inspection, copying and disposal of documents and things
The Court may give directions in relation to the removal from and return to the Court, and the inspection, copying and disposal, of any document or thing that has been produced to the Court in response to a subpoena.
pt 6, div 6 (cll 30A–30E): Ins 2006 (810), Sch 1 [5].
Division 7
General
Division 7 General
Division 7 General
pt 6, div 7 (previously Part 6, Div 6): Ins 19.10.2001. Renumbered 2006 (810), Sch 1 [6].
(2) A legal practitioner who has not given an address for service is not entitled to be heard by the Court in proceedings to which the clause applies unless the Court orders otherwise.
(3) A legal practitioner may give an address for service in proceedings to which the clause applies—
(a) by filing a notice of address for service in accordance with Form 1 of Schedule 1, or
(b) by filing another relevant document that includes an address for service.
(4) Unless the Court orders otherwise, if a legal practitioner who does not have an address for service files a document in proceedings to which the clause applies, the document must include the legal practitioner’s address for service.
(5) An address for service must be an address in New South Wales.
(6) A legal practitioner may change the legal practitioner’s address for service in the proceedings by filing a notice of address for service in accordance with Form 1.
(7) Unless the Court orders otherwise, a legal practitioner who files a notice of address for service in proceedings under this clause must serve a sealed copy of the notice on each other party to the proceedings.
(8) If a legal practitioner notifies an address for service under this clause, leaving a copy of a document at, or sending a copy of a document by post addressed to the person at, that address for service is taken to be good service on the person.
(9) If a legal practitioner notifies an address for service that is an office that has an exchange box in a document exchange of Australian Document Exchange Pty Limited, in the State, leaving a copy of a document, addressed to that legal practitioner, at that exchange box or at another exchange box for transmission to that exchange box is taken to be good service on the person on a day two days after the copy is left.
cl 30F (previously cl 30A): Ins 19.10.2001. Renumbered 2006 (810), Sch 1 [6]. Am 2006 (810), Sch 1 [7].
30G
Service of documents generally
30G Service of documents generally
30G Service of documents generally
(1) Subject to this Rule, a document may be served on a person—
(a) by means of personal service, or
(b) by posting a copy of the document, addressed to the person, to the person’s address for service, or
(c) by leaving a copy of the document, addressed to the person at the person’s address for service, with a person who is apparently of or above the age of 16 years and apparently employed or residing at that address.
(2) In the case of a person having an address for service that is a solicitor’s office address, service of a document on the person may also be effected—
(a) if the notice advising the address for service includes a DX address, by leaving a copy of the document, addressed to the solicitor, in that DX box at that address or in another DX box for transmission to that DX box, or
(b) if the notice advising the address for service includes a fax number, by faxing a copy of the document to that number, or
(c) if the notice advising the address for service includes an electronic mail address, by transmitting an electronic copy of the document to that address.
(3) Unless the contrary is proved, the time at which a document is taken to have been served is—
(a) in the case of a document that is left in a DX box in accordance with subclause (2) (a), at the end of the second day following the day on which the copy is so left, or
(b) in the case of a copy of a document that is faxed in accordance with subclause (2) (b), at the end of the first day following the day on which the copy is so faxed.
Note—
See clause 13 of Schedule 1 to the Electronic Transactions Act 2000 as to when an electronic copy of a document is taken to have been delivered to an electronic mail address.
cl 30G: Ins 2006 (810), Sch 1 [8]. Am 2010 No 119, Sch 2.9.
30H
Personal service required only in certain circumstances
30H Personal service required only in certain circumstances
30H Personal service required only in certain circumstances
(1) Any document required or permitted to be served on a person in any proceedings may be personally served, but need not be personally served unless this Rule so requires or the Court so orders.
(2) Except as otherwise provided by this Rule—
(a) a care proceedings attendance notice must be personally served, and
(b) a subpoena for attendance must be served in one of the following ways—
(i) it may be personally served on the person to whom it is directed,
(ii) it may be left, addressed to the person to whom it is directed, at that person’s business or residential address, with a person who is apparently of or above the age of 16 years and apparently employed or residing at that address, and
(c) a subpoena for production must be served in one of the following ways—
(i) it may be served personally on the person to whom it is directed,
(ii) it may be left, addressed to the person to whom it is directed, at that person’s business or residential address, with a person who is apparently of or above the age of 16 years and apparently employed or residing at that address,
(iii) it may be sent by post, addressed to the person to whom it is directed, to the person’s business or residential address in an envelope marked with the return address of the party at whose request the subpoena was issued.
(3) If the postal authority returns, as having not been delivered, an envelope, posted as referred to in subclause (2) (c) (iii), to the party by whom or on whose behalf it was posted—
(a) service of the document contained in the envelope is taken not to have been effected, and
(b) any decision made on the basis of that service is to be set aside.
cll 30H–30J: Ins 2006 (810), Sch 1 [8].
30I
How personal service effected
30I How personal service effected
30I How personal service effected
(1) Personal service of a document on a person is effected by leaving a copy of the document with the person or, if the person does not accept the copy, by putting the copy down in the person’s presence and telling the person the nature of the document.
(2) If, by violence or threat of violence, a person attempting service is prevented from approaching another person for the purpose of delivering a document to the other person, the person attempting service may deliver the document to the other person by leaving it as near as practicable to that other person.
(3) Service in accordance with subclause (2) is taken to constitute personal service.
cll 30H–30J: Ins 2006 (810), Sch 1 [8].
30J
Substituted and informal service
30J Substituted and informal service
30J Substituted and informal service
(1) If a document that is required or permitted to be served on a person in connection with any proceedings—
(a) cannot practicably be served on the person, or
(b) cannot practicably be served on the person in the manner provided by law,
the Court may, by order, direct that, instead of service, such steps be taken as are specified in the order for the purpose of bringing the document to the notice of the person concerned.
(2) An order under this clause may direct that the document be taken to have been served on the person concerned on the happening of a specified event or on the expiry of a specified time.
(3) If steps have been taken, otherwise than under an order under this clause, for the purpose of bringing the document to the notice of the person concerned, the Court may, by order, direct that the document be taken to have been served on that person on a date specified in the order.
(4) Service in accordance with this clause is taken to constitute personal service.
cll 30H–30J: Ins 2006 (810), Sch 1 [8].
Part 7
Criminal proceedings
Part 7 Criminal proceedings
Part 7 Criminal proceedings
31
Plea
31 Plea
31 Plea
Except in cases where the defendant wishes to make a special plea, the appropriate plea to a charge in criminal proceedings is “guilty” or “not guilty”.
32
Presence of person responsible for child or young person
32 Presence of person responsible for child or young person
32 Presence of person responsible for child or young person
Unless it is impracticable or inappropriate to do so, the Court is to adjourn criminal proceedings against a child or young person who is unaccompanied by a person with parental responsibility, or care responsibility, for the child or young person (within the meaning of the Children and Young Persons (Care and Protection) Act 1998), so as to give such a person a reasonable opportunity to appear and address the Court on matters relating to the proceedings.
32A
Additional factors for appearance by audio visual link: section 5BA of Evidence (Audio and Audio Visual Links) Act 1998
32A Additional factors for appearance by audio visual link: section 5BA of Evidence (Audio and Audio Visual Links) Act 1998
(1) The following are specified as additional factors that the Court is to take into account in determining whether it is in the interests of the administration of justice to make a direction under section 5BA (1) of the Evidence (Audio and Audio Visual Links) Act 1998 that an accused child detainee is to appear before the Court by audio visual link—
(a) the nature of the proceedings concerned,
(b) the right of the accused child detainee to be given the fullest opportunity to be heard and to participate in the proceedings,
(c) whether the accused child detainee would be significantly advantaged or disadvantaged if directed to appear by audio visual link,
(d) the availability of Children’s Magistrates to hear the proceedings by audio visual link,
(e) the need for the accused child detainee’s lawyer to obtain initial or detailed instructions from the accused child detainee,
(f) the need for the accused child detainee’s lawyer to discuss a brief of evidence with the accused child detainee,
(g) (Repealed)
(h) the maturity of the accused child detainee,
(i) the accused child detainee’s need for the support of a parent, carer or other support person during the proceedings,
(j) the wishes of the accused child detainee,
(k) (Repealed)
(l) any special needs of the accused child detainee, including the impact of any intellectual or physical disability or mental illness that the accused child detainee may have,
(m) whether the accused child detainee requires the assistance of an interpreter and the availability of an appropriate interpreter.
Registration of foreign personal protection measures
32B Registration of foreign personal protection measures
32B Registration of foreign personal protection measures
(1) A foreign personal protection measure that a person gives to a Registrar for registration under section 25 of the Child Protection (International Measures) Act 2006 must be accompanied by a notice of the person’s address for service in accordance with Form 1.
(2) Registration of a foreign personal protection measure is effected by sealing it with the seal of the Court and endorsing it, under the signature of the Registrar, with the date on which it was so sealed.
pt 7A (cll 32B, 32C): Ins 2006 (810), Sch 1 [9].
32C
Applications for orders
32C Applications for orders
32C Applications for orders
(1) Part 6 applies to an application that is made to the Court for an order under the Child Protection (International Measures) Act 2006, and to proceedings on such an application, in the same way as it applies to a care application and to proceedings on a care application.
(2) In addition to the other matters that such an application is required to specify, an application referred to in subclause (1) must be accompanied by a copy of the foreign personal protection measure to which the application relates.
(3) It is sufficient compliance with subclause (2) if, after the application is filed, a copy of the foreign personal protection measure is annexed to the application by the Registrar.
pt 7A (cll 32B, 32C): Ins 2006 (810), Sch 1 [9].
Part 8
Children’s Court Clinic
Part 8 Children’s Court Clinic
Part 8 Children’s Court Clinic
33
Composition of Children’s Court Clinic
33 Composition of Children’s Court Clinic
33 Composition of Children’s Court Clinic
(1) The Children’s Court Clinic established by the Minister for Health under section 15B of the Act is to comprise—
(a) the Director of the Children’s Court Clinic, and
(b) any others persons appointed by the Minister for Health, being persons considered by the Minister for Health to be suitable to prepare and submit assessment reports.
(2) Any appointment under subclause (1) (b) that was in force immediately before 1 July 2011 is taken to be an appointment made by the Minister for Health.
cl 33: Am 2009 No 13, Sch 2.6 [4]; 2011 (316), cl 3 (2).
34
Referral of assessment orders to Children’s Court Clinic
34 Referral of assessment orders to Children’s Court Clinic
34 Referral of assessment orders to Children’s Court Clinic
If the Court makes an assessment order and the Children’s Court Clinic is appointed to prepare and submit the required assessment report, the Registrar must immediately forward to the Director of the Children’s Court Clinic—
(a) a copy of the assessment order, and
(b) a list of the names and contact details of the person or persons the subject of the assessment order and of the legal representatives of that person or those persons, and
(c) a list of the names and contact details of any other relevant persons and their legal representatives.
35
Conduct of Children’s Court Clinic
35 Conduct of Children’s Court Clinic
35 Conduct of Children’s Court Clinic
If the Court makes an assessment order and the Children’s Court Clinic is appointed to prepare and submit the required assessment report, the Director of the Children’s Court Clinic must refer the assessment order to the person in the Clinic who the Director considers is the most appropriate to make the assessment report.
36
Assessment reports
36 Assessment reports
36 Assessment reports
(1) An assessment report prepared by the Children’s Court Clinic must be filed with the Court on or before the working day preceding that on which the next hearing of the proceedings is to take place.
(2) Parties may make application to the Court for access to be granted to the assessment report.
Part 9
Children’s Court Advisory Committee
Part 9 Children’s Court Advisory Committee
Part 9 Children’s Court Advisory Committee
37
Composition of Children’s Court Advisory Committee
37 Composition of Children’s Court Advisory Committee
37 Composition of Children’s Court Advisory Committee
(1) The Children’s Court Advisory Committee established by the Attorney General under section 15A of the Act is to comprise—
(a) the Chairperson of the Committee (who is the President), and
(b) the Director of the Children’s Court Clinic, and
(c) the following persons appointed by the Attorney General (and called appointed members in this Part)—
(i) any one or more Children’s Magistrates nominated by the President,
(ii) a Children’s Registrar nominated by the Secretary of the Department of Communities and Justice (the Secretary,
(iii) a person nominated by the Chief Executive Officer of the Legal Aid Commission,
(iv) a person nominated by the Secretary who has qualifications or experience in youth justice,
(v) a person nominated by the Secretary who has qualifications or experience in law reform,
(vi) a person nominated by the Secretary who has qualifications or experience in child protection,
(vii) a person nominated by the Police Commissioner,
(viii) a person nominated by the Law Society of New South Wales,
(viiia) a person nominated by the Bar Association of New South Wales,
(ix) one person, who is under the age of 25 years at the time of appointment, chosen by the Attorney General, after consulting with the Minister for Families, Communities and Disability Services,
(x) two persons, chosen by the Attorney General, after consulting with the Minister for Families, Communities and Disability Services, to represent the community, being persons who have qualifications or experience in a relevant field,
(xi) a person nominated by the Secretary of the Department of Education,
(xii) two persons nominated by the Chief Executive Officer of the Aboriginal Legal Service.
(2) For the purposes of subclause (1) (c) (x), the following fields are relevant fields—
cl 37: Am 2009 No 13, Sch 2.6 [1]; 2012 (633), Sch 1 [7]; 2018 (744), Sch 1 [5]–[9]; 2019 No 1, Sch 2.6; 2020 (99), Sch 1[2]–[5].
38
Term of office
38 Term of office
38 Term of office
An appointed member holds office for the period (not exceeding 3 years) that is specified in the instrument appointing the member but the member is eligible (if otherwise qualified) to be re-appointed.
39
Remuneration
39 Remuneration
39 Remuneration
An appointed member is entitled to be paid any remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine in respect of the member.
40
Deputies
40 Deputies
40 Deputies
(1) The Attorney General may, from time to time, appoint a person to be the deputy of the Chairperson of the Children’s Court Advisory Committee. The Attorney General may revoke any such appointment.
(2) The person or body that nominated an appointed member may, from time to time, nominate a person to be the deputy of the member. The nomination must be in writing addressed to the Attorney General and delivered to the Attorney General’s official address. The person or body may revoke any such nomination of a deputy.
(3) In the absence of a member of the Children’s Court Advisory Committee, the member’s deputy may, if available, act in the place of the member.
(4) While acting in the place of a member, a deputy—
(a) has all the functions of the member and is taken to be a member, and
(b) in the case of an appointed member, is entitled to be paid any remuneration (including travelling and subsistence allowances) that the Attorney General may from time to time determine in respect of the person.
(5) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
(6) Clauses 38 (Term of office) and 41 (Vacancy in office of appointed member) apply to the deputy of a member in the same way as they apply to the member.
cl 40: Am 2009 No 13, Sch 2.6 [5].
41
Vacancy in office of appointed member
41 Vacancy in office of appointed member
41 Vacancy in office of appointed member
(1) The office of an appointed member becomes vacant if the member—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Attorney General, or
(d) is removed from office by the Attorney General under this clause.
(2) The person or body that nominated an appointed member may request that the member be removed from office for any reason.
(3) The Attorney General may remove an appointed member from office for any reason.
42
Filling of vacancy in office of appointed member
42 Filling of vacancy in office of appointed member
42 Filling of vacancy in office of appointed member
If the office of an appointed member becomes vacant, a person is, subject to this Act, to be nominated to fill the vacancy.
43
Nomination of person as appointed member
43 Nomination of person as appointed member
43 Nomination of person as appointed member
A nomination of a person to be an appointed member must be in writing addressed to the Attorney General and delivered to the Attorney General’s official address.
44
General procedure
44 General procedure
44 General procedure
The procedure for the calling of meetings of the Children’s Court Advisory Committee and for the conduct of business at those meetings is, subject to this Rule, to be as determined by the Committee.
Part 10
Repeal and savings
Part 10 Repeal and savings
Part 10 Repeal and savings
45
Repeal of Children’s Court Rule 1988
45 Repeal of Children’s Court Rule 1988
45 Repeal of Children’s Court Rule 1988
The Children’s Court Rule 1988 is repealed.
46
Savings
46 Savings
46 Savings
(1) Any act, matter or thing that, immediately before the repeal of the Children’s Court Rule 1988, had effect under that Rule continues to have effect under this Rule.
(2) In particular—
(a) this Rule applies to and in relation to all proceedings whether commenced before or after the commencement of this Rule, and
(b) proceedings pending and orders or directions made, appointments made, documents filed or served, or any other act or thing done, before the commencement of this Rule must, if of a kind to which this Rule applies, be treated as if pending, made, filed, served, or done, as the case requires, in accordance with this Rule.
(3) Despite subclause (2)—
(a) this Rule does not operate to revive any period of time for the doing of any act or thing, being a period of time that, under the Children’s Court Rule 1988, has expired before the commencement of this Rule, and
(b) a period of time under the Children’s Court Rule 1988 that is running, but has not yet expired before the commencement of this Rule, continues to run as if this Rule had not come into operation if the matter in respect of which it is running is a matter to which this Rule applies.
Schedule 1
Forms
Schedule 1 Forms
Schedule 1 Forms
Form 1 Notice of address for service
(Clauses 30F and 32B)
Children’s Court of New South Wales
File number (or
details of
application)
Filed at
Filed on
Hearing date
Name of party for
whom legal
practitioner acts
The person named in 1 above or his or her legal practitioner can sign this form.
Date
Signature
Print legal
practitioner’s name
(if applicable)
Form 2 Care proceedings attendance notice
(Clause 20)
Court details
Court—
Registry—
Case number—
Title of proceedings
Applicant—
Child/Young person—
Hearing details
Date—
Time—
Place—
Order to attend court
Name—
Address—
The Children’s Court has ordered you to attend Court in relation to these care proceedings at the time, date and place specified in the hearing details.
Failure to attend may result in your arrest, and if you are a respondent to these proceedings, the Children’s Court may deal with the proceedings in your absence.
*Children’s Magistrate’s/Registrar’s Signature—
Name of *Children’s Magistrate/Registrar—
Date—
At—
* Delete whichever does not apply.
Form 3 Arrest warrant
(Clause 20)
Court details
Court—
Registry—
Case number—
Title of proceedings
Applicant—
Child/Young person—
Details of person to be arrested
Name—
Address—
Date of birth—
Order
The Children’s Court has ordered that [name of person to be arrested] be arrested and brought before the Court in relation to these care proceedings. The Children’s Court has ordered the arrest of the person on the following grounds—
(a) *the person failed to attend as required by a care proceedings attendance notice, or
(b) *the person absconded from care proceedings, or
(c) *[give other reasons].
Direction
This warrant commands all police officers in the State of New South Wales to arrest the person named in this warrant and take and safely convey the person to the Children’s Court or, if this is not practicable, before a Registrar.
This warrant is returnable before the Children’s Court at [place] on [time], [date] and must not be executed after this time.
*Children’s Magistrate’s/Registrar’s Signature—
Name of *Children’s Magistrate/Registrar—
Date—
At—
* Delete whichever does not apply.
Form 4 Warrant of commitment for refusal to give evidence
(Clause 20)
Court details
Court—
Registry—
Case number—
Title of proceedings
Applicant—
Child/Young person—
Details of witness
Name—
Address—
Date of birth—
Sentencing order
Period of imprisonment—
Commencing date—
Expiration date—
The Children’s Court has ordered that the above witness be committed to imprisonment for a period not exceeding 7 days from the date of sentence. The Court has further ordered that the witness be brought to the Court to be released before the expiration of 7 days if the person—
(a) consents to be examined on oath and to answer questions concerning the subject matter of the proceedings, or
(b) produces the document or thing required under the terms of the subpoena.
Direction
This warrant commands all police officers in the State of New South Wales to take and safely convey the witness to the *General Manager of the Correctional Centre/Centre Manager of the Detention Centre/place of security at [location] in the said State.
I command the *General Manager/Centre Manager to receive and imprison the witness and keep the witness in accordance with the imprisonment imposed by the Court.
*Children’s Magistrate’s/Registrar’s Signature—
Name of *Children’s Magistrate/Registrar—
Date—
At—
* Delete whichever does not apply.
sch 1: Ins 19.10.2001. Am 2006 (810), Sch 1 [10]–[12].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Rule
1 Name of Rule
1 Name of Rule
This Rule is the Children’s Court Rule 2000.
2 Commencement
2 Commencement
2 Commencement
This Rule commences on 18 December 2000.
3 Definitions
3 Definitions
3 Definitions
(1) In this Rule—
assessment order means an order under Division 6 of Part 1 of Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998.
assessment report means a report required to be made under Division 6 of Part 1 of Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998.
care application has the same meaning as in section 60 of the Children and Young Persons (Care and Protection) Act 1998.
care order has the same meaning as in section 60 of the Children and Young Persons (Care and Protection) Act 1998.
care proceedings means proceedings before the Court in the exercise of its jurisdiction under the Children and Young Persons (Care and Protection) Act 1998.
child means a person who is under the age of 16 years.
Children’s Court Advisory Committee means the Children’s Court Advisory Committee established under Part 9.
Children’s Court Clinic means the Children’s Court Clinic established under Part 8.
Children’s Registrar means a person employed as a Children’s Registrar as referred to in section 10A of the Act.
criminal proceedings means proceedings before the Court in the exercise of its jurisdiction under the Children (Criminal Proceedings) Act 1987.
Director of the Children’s Court Clinic means the person holding office as such under Chapter 9 of the Health Services Act 1997.
dispute resolution conference means a dispute resolution conference arranged and conducted by a Children’s Registrar under section 65 of the Children and Young Persons (Care and Protection) Act 1998.
proceedings means proceedings before the Court.
Registrar means a Registrar of the Children’s Court (other than a Children’s Registrar), as referred to in section 11 of the Act.
Sets timing rules for lodging evidence and reports (clauses 16 and 18), empowers the President to approve forms and formats including for ECM filing (clause 18A), but preserves particular mandatory forms for certain care process steps (clause 20).
Specifies the functions a Children’s Registrar may exercise, including dispensing with service, making orders on service/substituted service, adjourning proceedings, and arranging dispute resolution conferences (clause 19).
Details procedural rules for care proceedings: requirements for the report accompanying a care application (clause 21), emergency application particulars (clause 22), dispute resolution conference arrangements (clauses 23-25), protections and rules for children as witnesses (clause 26), appointment of guardians ad litem (clauses 28-29), maintenance of court records (clause 30) and the procedure for subpoenas (clauses 30A-30E).
Governs service, substituted service and personal service methods (clauses 30F-30J), and the timing consequences of service by DX or fax (clause 30G).
Addresses criminal proceedings processes that are specific to children and young people, such as plea formulation (clause 31), adjournment to enable appearance by person responsible for the child (clause 32), and factors to be considered when directing an accused child detainee to appear by audio-visual link (clause 32A).
Implements the Child Protection (International Measures) Act 2006 procedures for registering foreign personal protection measures and related applications (clauses 32B-32C).
Sets up the Children’s Court Clinic and the process for referral and preparation of assessment reports (clauses 33-36), and establishes the Children’s Court Advisory Committee with composition and appointment rules (clauses 37-44).
Repeals the 1988 Rules and includes savings for acts and proceedings under the previous Rules (clauses 45-46). Schedule 1 contains required forms (including Form 1 Notice of address for service, Form 2 care proceedings attendance notice, Form 3 arrest warrant and Form 4 warrant of commitment).
Together the provisions create a detailed procedural framework. The Rule also cross-references the Act and a number of other statutes for authentication of electronic documents, evidentiary directions and the substance of care and criminal jurisdiction (for example the Children and Young Persons (Care and Protection) Act 1998, the Electronic Transactions Act 2000 and the Evidence (Audio and Audio Visual Links) Act 1998). Where the Rule conflicts with the underlying Act or its regulations, the Rule yields to the statute or regulation (clause 5(2)).
Main concepts
The Rule builds around a set of core procedural concepts that structure practically every interaction before the Court. These concepts appear as recurring mechanisms: definitions and localising of registries and registrars; administrative and evidentiary timelines; delegation of judicial-administrative powers; formalisation of electronic case management; service and subpoena mechanics; protective measures for children; and integration with specialist bodies (the Children’s Court Clinic and Advisory Committee).
Key definitional and scope controls: clause 3 supplies the Rule’s operative language. It defines "child" as under 16 and "young person" as 16-under-18, and imports terminology and statutory references from the Children’s Court Act 1987 and the Children and Young Persons (Care and Protection) Act 1998. Clause 5 states the Rule is the general practice and procedure for all proceedings before the Court, but that inconsistency with the parent Act or regulations displaces the Rule (clause 5(1)-(2)). That gives the Rule breadth but imposes statutory primacy on enabling Acts.
Administrative discretion and flexibility: the Rule intentionally builds in judicial and administrative flexibility. Clause 6 permits the Court to waive compliance with any Rule requirement on such conditions as it considers appropriate; clause 7 permits extension or shortening of time fixed by the Rule or by judgment, before or after the time expires. Delegation is explicitly authorised by clause 11A, which allows the Court to delegate any Rule-conferred functions to a Registrar other than the power of delegation itself. Clause 19 then enumerates functions conferred on Children’s Registrars (for the purposes of s 10A of the Act), including dispensing with service, making directions on substituted service, formulating interim orders and arranging dispute resolution conferences.
Electronic filing and authentication: Part 4A establishes an ECM framework. JusticeLink is the authorised electronic case management system (clause 15A). Documents filed via JusticeLink are taken to be filed when JusticeLink notifies receipt; names printed in place of signatures satisfy authentication under the Electronic Transactions Act (clause 15B). Upload rules (clause 15C) require formats approved by the President, accurate descriptions, legible copies of signatures, and specific certification for affidavits sworn in NSW. The coversheet generated by JusticeLink becomes part of the document and may carry listing details (clause 15E). Registration for the Online Registry requires completion of a published application and agreement to terms and conditions (clause 15F).
Filing, timing and evidence management: the Rule places a firm load on parties and practitioners to lodge evidence and reports in time. Clause 16 requires documents intended to be tendered to be lodged on or before the working day preceding the next hearing, and prohibits tendering unless each party received a copy by that time. Clause 18 imposes the same working-day-before requirement for Court-ordered reports and requires the Registrar to make copies available to parties. Clause 36 requires assessment reports prepared by the Children’s Court Clinic to be filed on or before the working day preceding the next hearing, while allowing parties to apply for access to such reports.
Service, substituted service and DX/fax rules: the Rule sets out detailed service mechanics. Clause 30F compels legal practitioners to give an address for service if they are to be heard; clause 30G permits service by personal service, post, or leaving a copy at a person’s address, and adds alternative modes for solicitor office addresses (DX, fax, email), with presumptive deemed times for service under particular channels. Where personal service is required, the Rule specifies which documents trigger that requirement (clause 30H) and supplies procedures for substituted and informal service where personal service is impracticable (clause 30J).
Subpoena and compulsion: Division 6 (clauses 30A-30E) prescribes form and service requirements for subpoenas, requires single addressees (30A(1)), mandates identification of documents and the last date for service (30A(3)-(7)), permits set-aside applications (30B), conditions compliance on conduct money being tendered (30C(1)), and provides practical rules for production otherwise than on attendance and Registrar receipts (30D-30E).
Protections for children as witnesses: clause 26 restricts calling a child or young person who has consented to give evidence to being called only by the Court or by leave, and lists factors the Court must consider before allowing the child to be called, including age, maturity, likely emotional effect and reliability. Clause 32A lists factors relevant to audio-visual appearances by detainees, drawing on the Evidence (Audio and Audio Visual Links) Act 1998.
Specialist institutional integration: the Rule organises interaction with institutional bodies. The Children’s Court Clinic is the vehicle for assessment reports following assessment orders (clauses 33-36); the Director receives referral of assessment orders (clause 34) and delegates preparation to clinic staff (clause 35). The Children’s Court Advisory Committee’s composition is detailed in clause 37 and related clauses, specifying nominated representatives from government departments, legal aid, police, the Aboriginal Legal Service, and young person/community representatives, together with terms, deputies and remuneration.
Mandatory and preserved forms: while clause 18A allows the President to approve forms and formats, clause 20 preserves mandatory forms for particular care notices and warrants (Form 2, 3, 4), and clause 21 prescribes content for the report accompanying a care application.
Taken together, these concepts aim to balance procedural certainty (timing, form, service) with administrative flexibility (waivers, extensions, Registrar powers) and to accommodate electronic case management while preserving statutory primacy and protective safeguards for children.
Who it affects
The Rule allocates duties and privileges across a defined universe of participants in Children’s Court matters. The principal affected groups, and the specific obligations or powers assigned to each, are as follows, with clause references for the reader to check:
Children and young people: defined by clause 3 (child under 16; young person 16-under-18). The Rule places evidentiary protections on children and young people in care proceedings (clause 26) and permits admission of evidence regarding school attendance in care proceedings (clause 27). A child or young person who consents to give evidence cannot be called except by the Court or by leave (clause 26(1)).
Parties to care proceedings: applicants and respondents in care matters must comply with filing location rules (clause 13), lodge required reports with a care application (clause 21), provide particular evidence in emergency applications (clause 22), and attend or cause attendance at dispute resolution conferences if required by a Children’s Registrar (clauses 23-25). Parties must also ensure documents intended to be tendered are lodged by the working day before the next hearing (clause 16).
Legal practitioners and agents: the Rule imposes administrative duties on legal practitioners. They must provide an address for service to be entitled to be heard in care proceedings (clause 30F(2)-(6)). A document filed under the Rule must include sufficient copies for service (clause 12(3)). Legal practitioners may file documents electronically via JusticeLink if they are a "relevant legal practitioner" (clause 15B(2)). Failure to file in the approved form risks non-compliance with clause 18A.
Children’s Registrars and Registrars: the Rule confers a range of functions on Children’s Registrars (clause 19), including dispensing with service, extending or shortening time, making orders about service and substituted service, formulating interim orders, arranging dispute resolution conferences and adjourning proceedings. Clause 11A allows delegation of Rule functions to Registrars (subject to limits). Registrars also maintain records (clause 30(3)) and manage administrative steps such as sealing, listing and forwarding referrals to the Children’s Court Clinic (clause 34).
President and Children’s Magistrates: the President determines approved forms and may set formats for ECM filing (clause 18A). The President directs where and when the Court must sit and may arrange for Children’s Magistrates to exercise jurisdiction at Local Court premises (clauses 10-11).
Director and staff of the Children’s Court Clinic: the Clinic is established under the Health Services Act and the Director and appointed staff prepare assessment reports pursuant to assessment orders (clauses 33-36). The Registrar must forward assessment orders and associated contact lists to the Clinic when appointed (clause 34).
Attorney General and Minister for Health: the Attorney General appoints the Advisory Committee and its appointed members and determines remuneration and deputies (clauses 37, 38-40). The Minister for Health appoints the Director and other persons to the Children’s Court Clinic (clause 33).
Departmental caseworkers and NGOs: the Rule authorises certain non-lawyer filers to use JusticeLink on behalf of parties, including police prosecutors and caseworkers employed by the Department of Communities and Justice (clause 15B(2)(a)).
Police and court enforcement agents: the forms in Schedule 1 include an arrest warrant (Form 3) and a warrant of commitment (Form 4). The arrest warrant commands all police officers to arrest the named person and convey them to the Court or Registrar (Form 3), and the warrant of commitment commands police to convey a witness to a place of secure custody (Form 4).
Witnesses and addressees of subpoenas: subpoenas must be addressed to one person and state dates, times and places for attendance or production (clauses 30A-30C). Addressees have rights and obligations under clause 30C (for example conduct money requirements and last date for service) and may apply to have a subpoena set aside (clause 30B).
Courts and other courts: because the Rule is expressly subordinated to the governing Act and any regulations (clause 5(2)), courts and parties must read these Rules alongside the Children’s Court Act 1987, the Children and Young Persons (Care and Protection) Act 1998 and other enabling statutes referenced throughout the Rule.
Practical consequences for these groups include administrative burdens (e.g. timely lodging of documents, adherence to format and service rules), procedural risks (loss of right to tender evidence if documents are late (clause 16)), and expanded reliance on the Registrar for non-judicial determinations (clause 19). The Rule also channels certain functions to institutional actors (the Clinic, Advisory Committee), which alters the locus of decision-making and information flows in care proceedings.
Key duties and rights
The Rule both prescribes duties and recognises rights across procedural operations. The following is a structured list of principal duties imposed and rights preserved by the Rule, with citations to the operative clauses.
Duties imposed on the Court and Court officers
Duty to apply the Rule across proceedings subject to inconsistency with enabling Acts: the Rule applies to all proceedings unless inconsistent with the underlying Act or regulations (clause 5(1)-(2)).
Duty to apply and maintain the Court seal and seal documents issued (clause 8).
Duty to keep a record of care proceedings, including depositions, particulars of orders and reasons (clause 30(1)-(2)); Registrar must maintain other records, registers and indexes as the President directs (clause 30(3)).
Duty to forward assessment orders to the Director of the Children’s Court Clinic when the Clinic is appointed (clause 34).
Duties and powers exercisable by the Court
Power (discretion) to waive compliance with any Rule requirement and to impose terms and conditions (clause 6).
Power to extend or shorten times fixed by the Rule or court orders, before or after expiry (clause 7).
Power to delegate functions to a Registrar, but not the power of delegation itself (clause 11A).
Power to approve forms and ECM formats via the President, and to make them publicly available (clause 18A).
Duties of parties and practitioners
Filing duties: documents must comply with Part 4 or Part 4A to be accepted for filing; original documents plus sufficient copies required for service (clause 12(1)-(3)); documents intended for tender must be lodged by the working day preceding the next hearing and copies served on parties by that time (clause 16).
Place of filing: for care proceedings, where the child normally resides determines the appropriate Registry (clause 13).
Electronic filing duties: documents filed via JusticeLink must follow the required format; a coversheet will be inserted and becomes part of the document (clauses 15B-15E); uploaded affidavits must include legible signature copies and the Oaths Act certificate where executed in NSW (clause 15C(5)).
Service duties: legal practitioners must provide an address for service to be entitled to be heard in care proceedings (clause 30F(2)-(6)); service may be effected by personal service, post, or leaving at an address and for solicitor offices also by DX, fax or email subject to prescribed presumptions about time of service (clause 30G).
Subpoena-related duties: subpoenas must identify and be served in prescribed form and within stated service periods (clauses 30A and 30C), and addressees need not attend unless conduct money has been handed or tendered a reasonable time before attendance (clause 30C(1)).
Rights and procedural protections
Right to waiver or extension: parties can seek the Court’s exercise of clause 6 and clause 7 to waive or vary Rule obligations or time limits.
Right to have a subpoena set aside: any party or person with sufficient interest may apply to set aside a subpoena (clause 30B), with notice to the issuing party (clause 30B(2)).
Right to receive copies of Court-ordered reports: the Registrar must make copies available to all parties on or before the working day preceding the next hearing unless the Court otherwise directs (clause 18(2)).
Right of the child to protective treatment as a witness: a child or young person who consents to give evidence is protected from being called except by the Court or with leave, and the Court must consider specific welfare and reliability factors prior to permitting such testimony (clause 26).
Right to request receipts and lists for documents produced under a subpoena when production is not made by attendance (clause 30D(2)-(3)).
Right to be informed by JusticeLink upon electronic filing, with date and time of receipt deemed filing (clause 15B(3)-(4)).
Administrative duties with compliance consequences
Electronic authentication: where signatures would appear, printing the person’s name suffices for authentication for ECM purposes under the Electronic Transactions Act when filing via JusticeLink (clauses 15B(5), 15D(3)).
Mandatory forms: notwithstanding the President’s power to approve forms, certain care process instruments must be in specified Forms 2-4 (clause 20(2)). Failure to use mandatory forms where directed may have procedural consequences.
Conduct money requirement for subpoena compliance: failure to tender conduct money entitles an addressee not to attend (clause 30C(1)).
Mechanisms for enforcement and correction
The Court may give directions for removal, return, inspection, copying and disposal of documents produced under subpoena (clause 30E).
Service failures that are demonstrably ineffective are expressly recognised: if postal service returns undelivered, the service is taken not to have been effected and any decision made solely on that service is to be set aside (clause 30H(3)).
The Rule thus distributes responsibility across judicial officers, Registrars, parties and practitioners, while preserving rights to procedural remedies such as set-aside and access to reports. The Rule also builds in explicit practical steps for electronic filing and authenticating documents, and contains discrete protective duties aimed at children and young persons participating in proceedings.
Penalties and enforcement
The Rule itself is primarily procedural and does not create new criminal offences or civil penalty regimes beyond the enforcement mechanisms and processes embedded in procedural instruments and warrants set out in Schedule 1. Enforcement under the Rule operates through Court orders, warrants and statutory mechanisms referenced by the Rule; below are the Rule’s practical enforcement devices and consequences, with clause and form citations.
Warrants and committal
Arrest warrant for failure to attend or absconding: Form 3 (preserved as mandatory under clause 20(2)(b)) is a judicial order that commands all police officers in the State to arrest the person named and bring them before the Children’s Court or, if not practicable, before a Registrar. The warrant is returnable on a specified date and is not to be executed after that time (Form 3).
Warrant of commitment for refusal to give evidence: Form 4 (clause 20(2)(c)) authorises committal to a place of custody for a period not exceeding 7 days. The warrant directs police to convey the witness to a correctional or detention centre and commands the manager to receive and imprison the witness in accordance with the Court’s order until the sentence expires or the witness consents to be examined or produces the required document or thing (Form 4).
Subpoena compliance and remedies
Conduct money requirement: addressees of subpoenas to attend need not comply unless conduct money has been handed or tendered a reasonable time before attendance (clause 30C(1)). This operates as an economic enforcement condition protecting witnesses from uncompensated attendance.
Service timing: subpoenas must be served on or before the last date for service specified; addressees need not comply where service is later than the last date (clause 30C(2)). Non-compliance with service timing can invalidate compulsion.
Set-aside mechanism: the Court may set aside a subpoena in whole or in part on application of a party or person with sufficient interest, with notice to the issuing party (clause 30B). That provides a discretionary procedural remedy against overreaching subpoenas.
Operational enforcement through Registrar powers
Registrar duties and directions: the Rule empowers Registrars to make orders in relation to service and substituted service (clause 19(c)) and to give directions about removal, return, inspection and disposal of documents produced under a subpoena (clause 30E). These directions operationally enforce the Court’s control over evidence handling and protect confidentiality or evidentiary integrity when required.
Registrar receipt and handling of produced material: where documents are produced otherwise than by attendance, the Registrar must, on request, provide a receipt to the addressee and may receive a list of documents produced (clause 30D(2)-(3)). The Registrar may consent to production of copies instead of originals (clause 30D(4)).
Remedial consequences of defective service
Postal returns void service-based decisions: if postal service was used for a subpoena (clause 30H(2)(c)(iii)) and the envelope is returned as undelivered, the Rule states that service is taken not to have been effected and any decision made on the basis of that service is to be set aside (clause 30H(3)). This provides a concrete, automatic corrective effect where postal service fails.
Adjudicative remedies and judicial discretion
Waiver and time extension relieve strict procedural non-compliance: the Court may waive requirements (clause 6) and extend or shorten time periods (clause 7), including after the time has expired. This provides a discretionary enforcement-suspension mechanism that parties can seek to mitigate procedural default.
Exclusion of late documents: clause 16 creates a substantive enforcement consequence: documents intended to be tendered must be lodged on or before the working day before the next hearing, and may not be tendered unless each party was given a copy by that time. This effectively excludes late material unless the Court directs otherwise.
Indirect enforcement: administrative and practical effects
Failure to provide an address for service affects right to be heard: a legal practitioner who has not supplied an address for service is not entitled to be heard in proceedings under the relevant clause unless the Court orders otherwise (clause 30F(2)). That is a non-monetary procedural sanction.
ECM-related authentication: where documents filed via JusticeLink are not in the approved format or lack the printed names and coversheets as required, the Court may require originals or refuse acceptance, which can have practical enforcement consequences (clauses 15B, 15C).
Limitations on the Rule’s punitive scope
The Rule does not itself create criminal penalties or civil fines; rather it provides Court process mechanisms (warrants, committal up to 7 days for refusal to comply with a subpoena) and the Court’s discretionary power to regulate its procedures. Where statutory penalties are required or used, they will stem from the underlying Acts referenced (for example, the Children and Young Persons (Care and Protection) Act 1998), not from the Rule itself.
In short, enforcement under the Rule operates mainly through judicial orders (including warrants), subpoena mechanics and the Court’s discretionary powers to waive or enforce procedural rules. The Rule supplies concrete mechanisms to compel attendance or production and to correct defective service or non-compliance, but it relies on accompanying statutory provisions for any criminal or civil penalty beyond the Court’s procedural sanctions.
How it interacts with other laws
The Rule is designed to operate in a statutory ecosystem. It expressly defers to the statutes that confer jurisdiction on the Children’s Court, incorporates statutory terminology and procedural requirements, and invokes provisions of other Acts for the authentication and electronic handling of documents, for evidentiary directions, and for cross-border child protection measures. The following are the primary intersections the Rule establishes, with clause references and the legal effect of that interaction.
Primary enabling and limiting statutes
Children’s Court Act 1987: The Rule repeatedly refers to terms and roles codified in the Act. For example, the definitions of Registrar and Children’s Registrar are taken from sections 10A and 11 of the Act as referenced in clause 3. The power to confer functions on Children’s Registrars references section 10A of the Act in clause 19. Clause 11A permits delegation of Rule-conferred functions to a Registrar consistent with the Act. The Rule is subject to the Act: clause 5(2) provides that any Rule practice or procedure inconsistent with the Act or regulations does not apply to the extent of the inconsistency, so the Act has primacy.
Children and Young Persons (Care and Protection) Act 1998: Many procedural provisions for care proceedings flow from or interact with this Act. The Rule imports terminology (care application, care order, assessment order) and procedural constructs (dispute resolution conferences under section 65) from the Care and Protection Act, and expressly designs Part 6 (care proceedings) to align with that Act (see clauses 19, 20, 21, 23-25, 26). Clause 23 requires Registrars to endorse care applications with details of listings for dispute resolution conferences or hearings, implementing statutory dispute resolution requirements.
Children (Criminal Proceedings) Act 1987: The Rule refers to "criminal proceedings" as proceedings exercising jurisdiction under that Act (clause 3). Part 7 contains criminal-process provisions that are intended to operate alongside that Act.
Electronic and evidence-related statutes
Electronic Transactions Act 2000: Part 4A relies on the Electronic Transactions Act to permit electronic filing, authenticate documents filed via JusticeLink by printing names where signatures would appear (clauses 15A, 15B(5), 15D(3)), and authorise the use of JusticeLink for certain proceedings (reference note to clause 15B). The Rule invokes clause 5 of Schedule 1 to the Electronic Transactions Act as the basis for deeming printed names sufficient authentication for ECM filing.
Evidence (Audio and Audio Visual Links) Act 1998: Clause 32A cross-references that Act and identifies additional factors the Court must consider when directing a child detainee to appear by audio-visual link, thereby embedding the evidentiary and fairness principles of the Evidence (Audio and Audio Visual Links) Act into the Court’s procedural calculus.
Other statutes and instruments
Child Protection (International Measures) Act 2006: Part 7A treats applications and registration of foreign personal protection measures under that Act. Clause 32B prescribes that foreign measures lodged for registration must be accompanied by a notice of address for service in Form 1 and specifies the manner of registration (sealing and endorsement by the Registrar). Clause 32C makes Part 6 procedures applicable to such applications.
Health Services Act 1997: The Children’s Court Clinic is established by the Minister for Health under section 15B of the Children’s Court Act but the Rule refers to the Director of the Clinic’s office under Chapter 9 of the Health Services Act (clause 3 definition), and clauses 33-36 organise the Clinic’s role in assessment orders.
Interpretation Act 1987: Clause 18A refers to s 80 of the Interpretation Act regarding compliance with approved forms. Clause 30H makes a cross-reference to s 76 of the Interpretation Act for postal service.
Standards of primacy and interplay
Rule subordination: The Rule repeatedly states it applies except to the extent inconsistent with the Act or regulations (clause 5(2)). Practically, any clause in the Rule that conflicts with, for example, statutory time limits, substantive rights or mandatory statutory processes in the Children and Young Persons (Care and Protection) Act 1998 will be displaced by the statute.
Delegation and statutory function allocation: The Rule allocates certain procedural functions to Children’s Registrars (clause 19) with explicit statutory anchoring (section 10A of the Act). This is an operationalisation of statute via subordinate instrument, and it depends on the enabling Act’s broader authorisation of Registrar functions.
Electronic transactions and authentication: Electronic filing and the deemed authentication of electronic signatures rely on provisions of the Electronic Transactions Act. Where the Electronic Transactions Act supplies a standard for electronic signature and authentication, the Rule adopts that standard for JusticeLink filings (clauses 15B, 15D). That prevents the Rule from unilaterally creating a different standard of electronic authentication than the statute permits.
Practical interaction effects and compliance points
Timing and service: clause 16’s strict timing for lodging documents and clause 18’s timing for reports interface with statutory hearing timetables under the Care and Protection Act. Where the Act prescribes different timeframes, the statutory timetable will control (clause 5(2)). Practitioners must read both instruments in tandem.
Evidence and vulnerable witnesses: the Rule’s restrictions on calling children and young persons as witnesses (clause 26) should be interpreted and applied in light of statutory protections and evidentiary rules in the Care and Protection Act and other relevant evidence statutes; the Rule supplements statutory protections with procedural detail.
International measures and foreign orders: Part 7A requires registration steps and filing particulars for foreign personal protection measures under the Child Protection (International Measures) Act 2006 (clauses 32B-32C), so international child protection instruments are processed via the Rule’s procedural machinery but derive their legal effect from the federal or state statute implementing international obligations.
Overall, the Rule is a subordinate instrument that provides detailed procedural mechanics consistent with, and subject to, the statutory framework created by the Acts it references. Where the Rule prescribes practices that differ from the enabling statutes, the statutes govern.
Amendment history
The text of the Rule includes express amendment notations by clause and year where changes have been made. Below is a chronological synthesis of the principal amendment events evident in the text, indicating the clauses affected and the nature of the changes where the marginal note supplies that information.
2000 (Commencement): The Rule commenced on 18 December 2000 (clause 2), repealing the Children's Court Rule 1988 (clause 45) and saving existing acts, matters and proceedings (clause 46).
2001 (Ins 19.10.2001): Schedule 1 Forms were inserted 19 October 2001 (marginal note to Schedule 1). Clauses 30A-30E and elements of Schedule 1 were inserted on 19 October 2001 (see notes to those clauses and the Schedule).
2006 (2006 (810)): Multiple amendments in 2006 are recorded:
Clauses 3, 11A, 15C-15F inserts, and other renumberings: cl 3 amended (Am 2006 (810), Sch 1 [1]); cl 11A inserted (Ins 2006 (810), Sch 1 [2]); provisions about subpoenas (pt 6, div 6 cll 30A-30E) were inserted (Ins 2006 (810), Sch 1 [5]); registration provisions and service rules cll 30F-30J were inserted/renumbered (Ins 19.10.2001; Renumbered 2006 (810), Sch 1 [6]-[8]); Schedule 1 amendments noted (Am 2006 (810), Sch 1 [10]-[12]).
Clause 18A was amended in 2007 (2007 No 27, Sch 2.9 [1]).
Clause 10 was amended by 2009 No 13 (Sch 2.6 [1]) regarding sittings; clause 11 and clause 30 were also amended in 2009 No 13 (Sch 2.6 [1]).
Clause 21 was substituted by 2009 No 13 (Sch 2.6 [3]) specifying the content of the report required with care applications.
Clause 30 (record of proceedings) was amended in 2009 (No 13, Sch 2.6 [1]).
2011 and 2012 amendments:
Clause 3 received amendments in 2011 (2011 (316), cl 3(1)) and 2012 (2012 (633), Sch 1 [1] [2]).
Division references updated and clause 19 was amended in 2012 (2012 (633), Sch 1 [3]).
Clauses 23-25 (relating to dispute resolution conferences) were amended in 2012 (2012 (633), Sch 1 [4]-[6]).
Clause 37 composition of the Advisory Committee was amended over time including 2012 amendments (2012 (633), Sch 1 [7]).
2018 (2018 (744) Sch 1 [4]): Significant insertion of Part 4A Electronic case management occurred in 2018. Clauses 15A-15F were inserted to provide an ECM framework and JusticeLink rules (pt 4A Ins 2018 (744), Sch 1 [4]). Clause 12 was substituted in 2018 (Subst 2018 (744), Sch 1 [1]) to modernise filing methods and expressly permit electronic transmission. Clause 13 place of filing amended 2018 (Am 2018 (744), Sch 1 [2]). Clause 14 was repealed in 2018 (Rep 2018 (744), Sch 1 [3]). Clause 37 received further amendments in 2018 (Sch 1 [5]-[9]).
2019 and 2020 updates:
Clause 37 was amended in 2019 No 1, Sch 2.6.
Clause 15B (electronic filing) was amended in 2020 (2020 (99), Sch 1 [1]) and clause 37 again adjusted in 2020 (2020 (99), Sch 1 [2]-[5]).
Miscellaneous: Other smaller renumberings and ins/rep notes appear in the margins across the text, reflecting iterative modernisation,particularly the move to ECM and adjustments to registrar powers, subpoena procedure and forms.
Nature and pattern of amendments
Early 2000s amendments and 2006 insertions focused on formalising Registrar powers, clearer subpoena rules and updating forms and record-keeping.
The 2018 amendment package is notable for embedding an electronic case management architecture (JusticeLink and the Online Registry) and for modernising filing rules to accommodate electronic transmission, authentication and coversheets. That change reflects an institutional shift to digital-filing.
Subsequent amendments in 2020 adjusted the electronic filing clauses and composition of advisory structures.
Readers should consult the consolidated Rule text in force for precise clause wording and the Government Gazette or NSW legislation database for the statutory instruments effecting each amendment. The text as provided contains the amendment marginal notes that identify the amending instruments and years; those instruments will contain the full amendment history and commencement particulars.
Litigation history
The legislation text provided does not record any litigation history, reported authorities or decisions that interpret the Children’s Court Rule 2000. The Rule itself cross-references statutory provisions and sets out procedural mechanics; it does not include annotated case law or interpretive notes.
For practitioners seeking judicial interpretation or authority:
The Rule’s provisions,particularly those governing Registrar functions (clause 19), electronic filing and authentication (Part 4A), subpoena setting-aside (clause 30B), and restrictions on calling children as witnesses (clause 26),are the kinds of procedural rules that may generate contested judicial decisions about scope and application. The text as provided contains no decisions applying or construing those clauses.
Any legal argument challenging or relying on a clause of the Rule will need to be grounded in the enabling statutes (for example the Children’s Court Act 1987 and the Children and Young Persons (Care and Protection) Act 1998) and, where applicable, higher court decisions interpreting statutory rights, the exercise of judicial discretion, or the validity of administrative delegations.
Practical action point: consult contemporary case law databases and reported Children’s Court and appellate decisions for judicial treatment of issues of electronic filing and authentication (JusticeLink), the exercise of Registrar powers in care proceedings, the effect of late tendered documents under clause 16, and subpoena challenges under clause 30B. The Rule’s efficacy in practice is often articulated through court rulings; the absence of cases in the Rule text means practitioners must supplement the Rule with jurisprudence research.
Gotchas
The Rule contains several procedural features and traps for practitioners and parties that can create practical risk if overlooked. The following are discrete “gotchas” drawn directly from the Rule’s text and organised by area of practice.
Timing and admissibility traps
Documents and reports must be lodged by the working day preceding the next hearing: clause 16 requires any document intended to be tendered to be lodged with the Court on or before the working day before the next hearing, and clause 18 does the same for reports. Clause 16(2) adds that such a document may not be tendered unless each party was given a copy by that time. Practitioners who miss that cut-off risk exclusion of evidence at the hearing unless the Court exercises its waiver or extension powers (clauses 6-7). Note that the Rule does not specify an express consequences regime beyond exclusion, so parties must know to apply promptly for relief.
Electronic filing format and originals
Strict upload and format requirements: clause 15C(2) mandates that a "true and complete copy" be uploaded in the format approved by the President. Upload descriptions must be accurate and, for affidavits, signature images and an Oaths Act certificate are required for NSW-signed affidavits (clause 15C(4)-(5)). Failure to comply may lead the Court to require filing of the original document per clause 15C(6). Practitioners who rely on ECM must ensure both format compliance and evidence of signature.
Authentication via printed name
Authentication by printed name: clauses 15B(5) and 15D(3) provide that a printed name where a signature would otherwise appear suffices for authentication under the Electronic Transactions Act. This method is a limited statutory delegation of authentication for ECM, but it may not satisfy other regimes or parties seeking original signed documents, and the Court can still require originals (15C(6)).
Limited facsimile filing
Narrow scope for fax filing: clause 15 restricts filing by facsimile to urgent matters, with additional distance-based limitations for unrepresented parties or legal representatives (where the filer lives or has principal office more than 20 km from the Registry). Other facsimile filing is only permissible with leave. Relying on fax as a back-up filing solution without satisfying clause 15’s conditions can risk non-acceptance.
Address-for-service and entitlement to be heard
Presence/absence of an address for service can be dispositive: clause 30F(2) states a legal practitioner who has not given an address for service is not entitled to be heard in proceedings to which the clause applies unless the Court orders otherwise. That is an administrative trap that can prevent counsel from participating if they have not filed Form 1 or otherwise provided an address.
Subpoena and conduct-money pitfalls
Subpoena service and conduct money: clause 30A(7) requires a subpoena to specify a last date for service, and clause 30C(1) provides an addressee need not comply unless conduct money has been tendered a reasonable time before attendance. Failure to deliver conduct money can make compulsion ineffective, and failure to specify or adhere to the last date for service can create grounds for compliance defence or set-aside (clause 30B).
Single addressee requirement: clause 30A(1) requires a subpoena not to be addressed to more than one person. Attempting to address a subpoena to multiple addressees risks invalidity.
Service by post and automatic voiding
Returned envelopes void decisions: clause 30H(3) expressly provides that if a postal envelope used for service is returned undelivered, service is taken not to have been effected and any decision made on that service is to be set aside. Postal service should therefore be used with care for critical documents.
Children as witnesses and welfare considerations
Restrictions on calling children: clause 26 requires the Court to consider a list of welfare and reliability factors before giving leave to call a child or young person who has consented to give evidence. Practitioners who plan to call children without leave, or who fail to demonstrate the factors identified (age, maturity, emotional effect and importance of evidence), will face procedural barriers.
Mandatory forms despite form-approval power
Mandatory forms preserved: clause 18A gives the President power to approve forms, but clause 20(2) preserves requirements that particular instruments (care proceedings attendance notice, arrest warrant, warrant of commitment) must be in specific Forms 2-4. Failure to use those Forms where applicable can cause procedural non‑compliance.
Registrar discretion and administrative action
Broad Registrar functions: clause 19 confers a swathe of operational powers on Children’s Registrars (dispensing with service, making interim orders, adjourning proceedings, making orders for substituted service). Heavy reliance on Registrar decisions increases the importance of promptly seeking directions or review where necessary; practitioners must be familiar with Registrar processes and any practice directions about dispute resolution conferences (clauses 24-25).
JusticeLink coversheet integration
Coversheet becomes part of the document: clause 15E(3) takes the JusticeLink coversheet to be part of the filed document; this means that automated listing notices and other metadata carried on coversheets are of record and can affect listing, notice and argument about what was served and when.
ECM user registration caveats
Online Registry registration is controlled: clause 15F(1) requires applicants to agree to published terms and conditions to become a registered user, and registrars may cancel registration if, in the registrar’s opinion, the person should not have been registered (clause 15F(3)). Access to ECM processes is therefore subject to administrative control.
Interaction with statutes
Rule yields to Acts and regulations: clause 5(2) means that any conflict with the enabling Acts (for example timeframes or substantive statutory rights in the Children and Young Persons (Care and Protection) Act 1998) will be resolved in favour of the statute. Practitioners must check the relevant Act for mandatory steps overriding the Rule.
In practice, these “gotchas” emphasise the need for proactive time management, strict compliance with electronic-file formats and signature requirements, awareness of the rules on service and subpoenas, and attention to Registrar powers and the correct use of mandatory forms.
How to comply
Below is a practical, clause‑anchored compliance checklist for parties, legal practitioners and court officers dealing with Children’s Court proceedings. It focuses on steps that must be taken to meet the Rule’s procedural obligations, reduce risk of contested non-compliance and preserve rights.
Filing , what, where and when
Confirm the correct Registry before filing: for care proceedings, clause 13 requires filing in the Registry within the metropolitan area where the child normally resides (Sydney, Newcastle or Wollongong), or otherwise at the Registrar closest to the child’s normal residence. Confirm the correct geographic filing location before lodging documents.
Use approved filing channels: clause 12(2) allows filing by hand, post, facsimile (subject to clause 15 restrictions) or by electronic transmission under Part 4A (JusticeLink). Ensure your chosen channel is permitted for the document type.
Lodge originals and sufficient copies: clause 12(3) requires an original document to be filed with sufficient copies to enable service on all parties. Where an ECM upload is used, be prepared to file originals if the Court demands them (clause 15C(6)).
Meet the working-day-before deadline for evidence and reports: clause 16 requires documents intended to be tendered to be lodged on or before the working day preceding the next hearing, and clause 18 requires Court-ordered reports to be filed by the same deadline and copies made available by the Registrar. Schedule preparation and service timelines to match this requirement.
Electronic filings (JusticeLink and Online Registry)
Register and comply with terms: if you or your organisation will use the Online Registry, complete the published application form and agree to the terms and conditions (clause 15F(1)-(2)). Remember a registrar may cancel registration where the registrar considers the person should not have been registered (clause 15F(3)).
Follow format and signature requirements: clause 15C(2) mandates uploads in the President-approved format. Affidavits and statements must include a legible copy of signatures and, if executed in NSW, a duly completed Oaths Act certificate (clause 15C(5)). JusticeLink filings are authenticated if the name is printed where the signature would be (clause 15B(5)); however, maintain the original affidavit in case the Court requires it (clause 15C(6)).
Retain coversheets and confirmation receipts: JusticeLink issues a coversheet with date and time of filing that becomes part of the document (clause 15E(1)-(3)). Save the coversheet and the JusticeLink notification as proof of filing and timing (clause 15B(3)-(4)).
Service and address for service
Provide an address for service: to be heard in care proceedings, counsel must give an address for service by filing Form 1 or including an address in a relevant filed document (clause 30F(3)-(4)). Ensure the address is in NSW (clause 30F(5)) and serve sealed copies on other parties unless the Court orders otherwise (clause 30F(7)).
Choose correct method of service and document type: clause 30H identifies which documents must be personally served (care proceedings attendance notices must be personally served) and rules for subpoenas. For solicitor office addresses, DX, fax or email service may be effective under clause 30G(2), with presumptive times for receipt (clause 30G(3)).
Subpoenas, attendance and production
Draft subpoenas correctly: comply with clause 30A,all subpoenas must be addressed to a single addressee (30A(1)), identify documents to be produced (30A(3)), specify date/time/place and the last date for service not earlier than 5 days before compliance (30A(3)-(7)). Serve copies on all parties (30A(8)).
Tender conduct money and observe service deadlines: an addressee need not attend unless conduct money is tendered a reasonable time before attendance (30C(1)); ensure conduct money is properly prepared. Serve the subpoena by the last date specified (30C(2)).
Use Registrar procedures for production otherwise than on attendance: if producing documents by delivery to the Registrar, request and retain a receipt and, if requested, provide a list of documents (30D(2)-(3)). Seek consent before producing copies instead of originals (30D(4)).
Care proceedings specifics
Prepare the accompanying report for care applications: clause 21 requires the report that accompanies a care application to provide a summary of facts, matters and circumstances intended to be relied on and state whether the child or young person is subject to any existing custody or guardianship order (clause 21(a)-(b)). Ensure this report is lodged with the application per the Care and Protection Act requirements.
For emergency care orders include evidence of risk: clause 22 requires detail of why the child is at risk of serious harm by affidavit, oral evidence or any other manner approved by the Court when applying for an emergency care and protection order.
Comply with dispute resolution conference processes: a Registrar must endorse the care application with the time/date/place for a dispute resolution conference or hearing (clause 23), and a Children’s Registrar may require attendance (clause 24) and conduct conferences in accordance with practice directions (clause 25). Check current practice directions.
Children as witnesses and vulnerable parties
Do not call children without Court leave: clause 26(1) makes it an error to call a child or young person who has consented to give evidence except by or with leave of the Court. Before applying to call a child ensure you address the statutory list of factors (clause 26(2)(a)-(f)).
Children’s Court Clinic procedures
Where the Clinic is appointed ensure prompt referral and data accuracy: clause 34 requires the Registrar to forward the assessment order and contact lists to the Director immediately. Clause 35 assigns the Director responsibility for selecting the appropriate staff member to prepare the report, and clause 36 requires the Clinic’s assessment report to be filed on or before the working day preceding the next hearing.
Forms and President-approved formats
Use mandatory Forms where specified: clause 20(2) requires certain instruments to be in specified Forms (Form 2 attendance notice; Form 3 arrest warrant; Form 4 warrant of commitment). For other documents, use President-approved forms under clause 18A where practicable and ensure the format conforms to any ECM standard.
Remedies and defensive steps
Where service is defective apply for relief promptly: clause 30H(3) automatically voids service if an envelope is returned undelivered; apply to have decisions set aside and rectify service methods. If a subpoena is overbroad or improperly served, apply to set it aside under clause 30B and give notice to the issuing party (30B(1)-(2)).
Practical documentation and record-keeping
Keep receipts and confirmations for filing and production: obtain and retain registrable receipts for production of documents (clause 30D(2)) and JusticeLink filing confirmations (clause 15B(3)-(4)). Where documents are filed by post or left at an address, retain postal tracking and delivery proofs in case of service disputes.
Administrative engagement and practice directions
Consult practice directions and President’s approvals: clause 25 requires dispute resolution conferences to be conducted in accordance with practice directions. Clause 18A allows the President to approve forms and ECM formats,consult the Court’s website and registry for current forms and practice directions before filing or listing applications.
Seek extensions or waivers when necessary
Apply early for waiver or extension if non-compliance is likely: the Court’s power to waive compliance (clause 6) and to extend or shorten time limits (clause 7) can be exercised before or after expiry of a timeframe. If you predict late filing or defective service, promptly seek relief with supporting reasons.
This checklist is practical but not exhaustive. The Rule interacts with substantive statutes (for example the Children and Young Persons (Care and Protection) Act 1998) and with any Court practice directions. For contested or borderline steps, bring applications for directions or extant practice guidance to the Registry early.
young person means a person who is aged 16 years or above but who is under the age of 18 years.
(2) In this Rule—
(a) a reference to the Registry is to be read, in a case where proceedings have been instituted, as a reference to the Registry of the Court at the place in which the proceedings have been instituted, and
(b) a reference to the Registrar is to be read, in a case where proceedings have been instituted, as a reference to the Registrar of the Registry in which the proceedings have been instituted.
(3) In this Rule, a reference to a numbered Form is a reference to the Form of that number set out in Schedule 1.
The explanatory note, table of contents and notes in the text of this Rule do not form part of this Rule.
Part 2 Application of this Rule
Part 2 Application of this Rule
Part 2 Application of this Rule
5 Rule applies to all proceedings before the Children’s Court
5 Rule applies to all proceedings before the Children’s Court
5 Rule applies to all proceedings before the Children’s Court
(1) The general practice and procedure of the Court set out in this Rule applies to all proceedings commenced before the Court, unless otherwise specified.
(2) However, any practice or procedure set out in this Rule in relation to proceedings that is inconsistent with—
(a) the Act under which the Court has jurisdiction to hear the proceedings, or
(b) any regulation made under that Act,
does not apply to the extent of the inconsistency.
6 Court may waive compliance with Rule
6 Court may waive compliance with Rule
6 Court may waive compliance with Rule
(1) The Court may, on any terms and conditions that the Court considers appropriate, waive any of the requirements of this Rule in respect of the practice and procedure to be followed in connection with any proceedings before the Court or in connection with any aspect of any proceedings before the Court.
(2) Compliance may be waived before or after the occasion for compliance arises.
7 Extension or shortening of time
7 Extension or shortening of time
7 Extension or shortening of time
(1) The Court may, on any terms or conditions that the Court considers appropriate, extend or shorten any time fixed by this Rule, or by any judgment, decision or order of the Court, for doing, or refraining from doing, any act or thing in relation to proceedings.
(2) Time may be extended under this clause before or after the time expires, whether an application for the extension is made before or after the time expires.
Part 3 Administration of the Court
Part 3 Administration of the Court
Part 3 Administration of the Court
8 Seal
8 Seal
8 Seal
(1) The seal of the Court is to have the wording “The Children’s Court of New South Wales”.
(2) Each Registrar is to have custody of a seal.
(3) Each document (including any accompanying copy) that is issued out of the Court is to be sealed with the seal of the Court.
9 Venue
9 Venue
9 Venue
Proceedings before the Court are to be heard at the place where the proceedings were instituted, unless the Court, or the Registrar of the Registry where the proceedings were instituted, otherwise directs.
10 Sittings
10 Sittings
10 Sittings
Subject to section 19 of the Act, and clause 5 of Schedule 2 to the Act—
(a) the Court may sit at the places and the times that the Court determines, and
(b) the Court must sit at the places and times that the President directs, and
(c) the President may, with the concurrence of the Chief Magistrate, make arrangements for a Children’s Magistrate to exercise the jurisdiction of the Children’s Court at the premises of a Local Court.
cll 10: Am 2009 No 13, Sch 2.6 [1].
11 Arrangements for sittings
11 Arrangements for sittings
11 Arrangements for sittings
The President may direct that particular sittings of the Court will deal with care proceedings only or with criminal proceedings only.
cll 11: Am 2009 No 13, Sch 2.6 [1].
11A Delegation of functions
11A Delegation of functions
11A Delegation of functions
The Court may delegate to a Registrar the exercise of any of the functions conferred on the Court by this Rule, other than this power of delegation.
cl 11A: Ins 2006 (810), Sch 1 [2].
Part 4 Filing
Part 4 Filing
Part 4 Filing
12 Filing documents
12 Filing documents
12 Filing documents
(1) A document must not be accepted for filing unless it complies with this Part or Part 4A.
(2) A document may be filed—
(a) in accordance with this Part—
(i) by hand, or
(ii) by posting it to the relevant Registry, or
(iii) by facsimile transmission, or
(b) by electronic transmission in accordance with Part 4A.
(3) An original document must be filed under this Part together with sufficient copies to enable service on all parties to proceedings.
cl 12: Subst 2018 (744), Sch 1 [1].
13 Place of filing
13 Place of filing
13 Place of filing
In relation to care proceedings, a document filed under this Part must be filed—
(a) in the case of an application or proceedings relating to a child or young person who is normally resident within the metropolitan area of Sydney, Newcastle or Wollongong—with any Registrar within the relevant metropolitan area, or
(b) in any other case—with the Registrar closest to the place where the child or young person normally resides.
cl 13: Am 2018 (744), Sch 1 [2].
14
14 (Repealed)
14
cl 14: Rep 2018 (744), Sch 1 [3].
15 Filing a document by facsimile transmission
15 Filing a document by facsimile transmission
15 Filing a document by facsimile transmission
(1) Any document to be filed may be lodged by facsimile transmission if—
(a) the matter is urgent, and
(b) where the party filing the document is not legally represented—the party lives more than 20 kilometres from the Registry, and
(c) where the party filing the document is legally represented—the legal representative’s principal office is more than 20 kilometres from the Registry, and
(d) it is not practicable to lodge the document in any other way.
(2) A document to be filed must not be lodged by facsimile transmission in any other circumstances without the leave of the Court.
Part 4A Electronic case management
Part 4A Electronic case management
Part 4A Electronic case management
pt 4A: Ins 2018 (744), Sch 1 [4].
15A Definitions
15A Definitions
15A Definitions
(1) In this Part—
coversheet means a page that is generated by JusticeLink that includes details about the case in which the document is being filed (including the case number).
JusticeLink means the electronic case management system of that name established for the Court under clause 2 of Schedule 1 to the Electronic Transactions Act 2000.
Online Registry means the electronic case management system of that name established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000.
registered user means a person who is registered as a user of the Online Registry.
upload, in relation to a document, means to transfer an electronic version of the document from a computer or other device to JusticeLink.
(2) In this Part, a reference to filing a document in Court includes a reference to any other method of sending a document to the Court.
cl 15A: Ins 2018 (744), Sch 1 [4].
15B Electronic filing of documents
15B Electronic filing of documents
15B Electronic filing of documents
(1) This clause applies to any document that is permitted to be filed using JusticeLink.
Note—
The Children’s Court is authorised to use JusticeLink for the purposes of certain criminal and other proceedings—see Schedule 1 to the Electronic Transactions (ECM Courts) Order 2005.
(2) In any proceedings, a document permitted to be filed using JusticeLink may be filed in the Court on behalf of a party to the proceeding by a person who is—
(a) a party to proceedings (including a police prosecutor or a caseworker employed by the Department of Communities and Justice), or
(b) a relevant legal practitioner for a party in proceedings.
(3) A document that is filed by means of JusticeLink is taken to have been filed when JusticeLink gives notification of receipt of the document.
(4) Notification of receipt of a document, and of the date and time of the receipt, is to be given, by means of JusticeLink, to the person by whom the document was filed.
(5) When filed by means of JusticeLink, a document that is required to be signed by a person is taken to have been duly authenticated for the purposes of clause 5 of Schedule 1 to the Electronic Transactions Act 2000 if the person’s name is printed where his or her signature would otherwise appear.
cl 15B: Ins 2018 (744), Sch 1 [4]. Am 2020 (99), Sch 1[1].
15C Uploading documents
15C Uploading documents
15C Uploading documents
(1) This clause applies to any document that may be, or is required to be, uploaded and submitted for filing on JusticeLink.
(2) A true and complete copy of the document must be uploaded in the format approved by the President.
(3) Each document uploaded must be accurately described.
(4) If the document is an affidavit, the description of the document must include the name of the deponent and the date that the affidavit was sworn or affirmed.
(5) If an affidavit or statement of evidence is uploaded, it must include—
(a) a clear, legible copy of the signature of the deponent of the affidavit or person making the statement, and
(b) if the document has been witnessed, a clear legible copy of the signature of the witness, and
(c) if the document is an affidavit executed in New South Wales, a duly completed certificate under the Oaths Act 1900.
(6) A person who has filed a document by uploading it is taken to have agreed that, if the Court so requires, he or she will file the original document in accordance with the Court’s directions.
cll 15C–15F: Ins 2018 (744), Sch 1 [4].
15D Electronic issuing of a document
15D Electronic issuing of a document
15D Electronic issuing of a document
(1) The Court may, by means of JusticeLink, issue any document authorised to be issued under the Electronic Transactions Act 2000.
(2) The date on which the document was issued must be set out in the document.
(3) When issued by means of JusticeLink, a document that is required to be signed by a person is taken to have been duly authenticated for the purposes of clause 5 of Schedule 1 to the Electronic Transactions Act 2000 if the person’s name is printed where his or her signature would otherwise appear.
cll 15C–15F: Ins 2018 (744), Sch 1 [4].
15E Coversheet generated by JusticeLink
15E Coversheet generated by JusticeLink
15E Coversheet generated by JusticeLink
(1) The coversheet is to include a seal and a note of the date and time of filing.
(2) If a document is submitted for filing under clause 15B and accepted by JusticeLink, the person who submitted the document will be sent a copy of the document submitted for filing with a coversheet inserted as the first page of the document.
(3) If a coversheet has been inserted as the first page of the document in accordance with subclause (2), the coversheet is taken to be part of the document for the purposes of this Part.
(4) If, as a result of the filing of a document, JusticeLink has automatically listed the proceedings, then the coversheet will include a notice of the date, time and place that the proceedings have been listed.
(5) If the document submitted for filing under clause 15C includes the other associated documents as attachments under that clause, then the document and the other associated documents will all be included under the one coversheet.
cll 15C–15F: Ins 2018 (744), Sch 1 [4].
15F Registration of users for Online Registry
15F Registration of users for Online Registry
15F Registration of users for Online Registry
(1) Any person may apply to be a registered user by completing and submitting the application form, and agreeing to comply with the terms and conditions, published on the Online Registry website.
Note—
The Children’s Court is authorised to use the Online Registry for the purposes of use in proceedings, but only so as to enable information concer
This is an opening excerpt, not the complete document.