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Children, Youth and Families Act 2005
518Jurisdiction of Koori Court (Criminal Division)
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518 Jurisdiction of Koori Court (Criminal Division)
The Koori Court (Criminal Division) has—
(a) the jurisdiction to deal with a proceeding for an offence given to it by section 519; and
S. 518(b) amended by Nos 68/2009 s. 74(a), 26/2012 s. 8(1).
(b) jurisdiction to deal with a breach of a sentence imposed by it (including any offence constituted by such a breach) or variation of such a sentence, in the circumstances set out in section 518A; and
S. 518(ba) inserted by No. 26/2012 s. 8(2).
(ba) jurisdiction to deal with a breach of a sentence imposed by the Children's Court (including any offence constituted by such a breach), or a variation of such a sentence, in the circumstances set out in section 518A; and
(c) any other jurisdiction given to it by or under this or any other Act.
S. 518A inserted by No. 26/2012 s. 9.
518A Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court
For the purposes of section 518(b) and (ba), the circumstances are—
(a) the child is Aboriginal; and
(b) the offence to which the sentence relates is within the jurisdiction of the Criminal Division, other than a sexual offence as defined in section 6B(1) of the **Sentencing Act 1991**; and
(c) in the case of an offence constituted by a breach of a sentence referred to in section 518(b) or (ba), the child—
(i) intends to plead guilty to the offence; or
(ii) pleads guilty to the offence; or
S. 518A(c)(iii) amended by No. 43/2017 s. 62(1).
(iii) has been found guilty of the offence by the Criminal Division; or
S. 518A(c)(iv) inserted by No. 43/2017 s. 62(2).
(iv) intends to consent to the adjournment of the proceeding under section 356D to enable the child to participate in a diversion program; and
(d) the child consents to the proceeding being dealt with by the Koori Court (Criminal Division).