Court Procedures Forms
74KProceedings dismissed or adjourned for care and
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74K Proceedings dismissed or adjourned for care and protection reasons (1) If, when hearing an indictment against a child or young person, the court is satisfied that the child or young person is in need of care and protection, the court may— (a) dismiss the indictment; or (b) adjourn the proceeding for up to 15 days. Note Indictment includes information (see Legislation Act, dict, pt 1). (2) If a court acts under subsection (1), the court must, as soon as practicable but not later than 2 working days after the day it acts, give a statement of the reasons for the action to— (a) the director-general; and (b) the public advocate; and (c) if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner. (3) The statement of reasons must contain the following information about the proceeding: (a) if the proceeding has been adjourned—the reason the proceeding was adjourned; (b) the circumstances the court is aware of that led to the child or young person coming before the court; (c) the factors that satisfied the court that the child or young person is in need of care and protection.
Care and protection considerations in proceedings Division 7A.2 (4) The director-general must treat a statement of reasons given to the director-general under subsection (2) as if it were a report made under the Children and Young People Act 2008, section 356 (Offence— mandatory reporting of abuse). in need of care and protection, for a child or young person—see the Children and Young People Act 2008, section 345.