VICIn ForceAct
Children, Youth and Families Act 2005
632ATransitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—proceedings
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632A Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—proceedings
(1) An appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the proceeding commenced was a dual commission holder as a judge of the County Court and who, at the time at which the final order was made was a dual commission holder as a Judge of the Supreme Court, is to be made to the Court of Appeal.
(2) For the avoidance of doubt, an appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the final order was made was a dual commission holder as a judge of the County Court and who, on or after the commencement day is a dual commission holder as a Judge of the Supreme Court, is to be made to the Trial Division of the Supreme Court.
(3) In this clause, ***commencement day*** means the day on which Part 3 of the **Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022** comes into operation.
S. 632B inserted by No. 1/2022 s. 62.
632B Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—power to make orders to resolve difficulty
(1) If any difficulty arises because of the operation of Part 3 of the **Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022** in relation to a proceeding under this Act, a court may make any order it considers appropriate to resolve the difficulty.
(2) An order made under subsection (1)—
(a) may be made on the application of a party to the proceeding or on the court's own motion, as the case requires; and
(b) has effect despite any provision to the contrary made by or under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).
S. 633 inserted by No. 17/2023 s. 14.
633 Transitional provision—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023—saving of authorisations of principal officers
(1) This section applies if, immediately before the commencement day, a principal officer of an Aboriginal agency was authorised under section 18.
(2) On and after the commencement day—
(a) the principal officer is taken to have been authorised under section 18 as substituted by the **Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023**; and
(b) the authorisation continues in effect, subject to its terms and conditions, as if made under section 18 as substituted by the **Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023** until the earliest of the following—
(i) it is revoked by the Secretary under section 18AAA; or
(ii) the protection order in respect of the child to whom the authorisation relates ceases to be in force.
(3) Any instrument of delegation made under section 18B (as in force immediately before the commencement day) in respect of powers or functions specified in the authorisation and in effect immediately before the commencement day continues in effect on and after the commencement day, subject to its terms and conditions, and may be revoked accordingly.
***commencement day*** means the day on which section 7 of the **Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023** comes into operation.
S. 634 inserted by No. 17/2023 s. 14, repealed by No. 96/2005 s. 634(4).
S. 635 inserted by No. 6/2024 s. 101.