ACTIn ForceAct
Magistrates Court Act 1930
291CAssignment of other magistrates for Childrens Court
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291C Assignment of other magistrates for Childrens Court
matters
(1) The Chief Magistrate may assign another magistrate to deal with a
matter if a Childrens Court Magistrate is unable to deal with the
matter—
(a) without delay that is likely to prejudice the wellbeing of a child
or young person; or
(b) because of a conflict of interest, or a perceived conflict of
interest.
(2) A magistrate may be assigned under subsection (1) (a) only if the
Chief Magistrate is satisfied the assignment is necessary having
regard to—
(a) how the delay is likely to prejudice the child’s or young person’s
wellbeing; and
(b) the principle in the Children and Young People Act 2008,
section 8 that in making a decision under that Act in relation to
a particular child or young person, the decision-maker must
regard the best interests of the child or young person as the
paramount consideration; and
(c) the degree of urgency of the matter to be dealt with by the
assigned magistrate; and
(d) the views and wishes (if any) of the Childrens Court Magistrate
who is unable to deal with the matter about the proposed
assignment.
Childrens Court Magistrate Part 4A.2
(3) This section is in addition to, and does not limit, section 291B (Acting
Childrens Court Magistrate).