sec.53BMCosts order—parent of child offender

### sec.53BM Costs order—parent of child offender This section applies if— a court considers the matters mentioned in section 53BL (2) ; and decides under the section that a child does not have the capacity to pay the commissioner’s reasonable costs. The court may, on its own initiative or an application by the commissioner, decide to call on the child’s parent to show cause why the parent should not pay the commissioner’s reasonable costs in relation to the event. If the court decides to call on the child’s parent to show cause— notice must be given to the parent in the way required under the Youth Justice Act 1992 , section 258 (4) to (8) ; and the show cause hearing must be conducted in the way required under the Youth Justice Act 1992 , section 259 (1) to (4) ; and the Youth Justice Act 1992 , section 259 (5) applies as if the reference to ‘ section 258 (1)(a), (b) and (c)’ were a reference to subsection (5) (a) and (b) ; and the Youth Justice Act 1992 , section 259 (6) to (12) applies to the court’s decision and orders. For applying subsection (3) — a reference to compensation in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner’s reasonable costs; and a reference to the prosecution in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner. For subsection (3) (c) , the matters are— the parent contributed to the fact the offence happened by not adequately supervising the child; and it is reasonable the parent pay some or all of the commissioner’s reasonable costs. The Youth Justice Act 1992 , section 260 applies to the commissioner’s reasonable costs ordered to be paid under subsection (5) as if it were an order for compensation to be paid to the State under the Youth Justice Act 1992 , section 259 . s 53BM ins 2014 No. 1 s 4 (sec.53BM-ssec.1) This section applies if— a court considers the matters mentioned in section 53BL (2) ; and decides under the section that a child does not have the capacity to pay the commissioner’s reasonable costs. (sec.53BM-ssec.2) The court may, on its own initiative or an application by the commissioner, decide to call on the child’s parent to show cause why the parent should not pay the commissioner’s reasonable costs in relation to the event. (sec.53BM-ssec.3) If the court decides to call on the child’s parent to show cause— notice must be given to the parent in the way required under the Youth Justice Act 1992 , section 258 (4) to (8) ; and the show cause hearing must be conducted in the way required under the Youth Justice Act 1992 , section 259 (1) to (4) ; and the Youth Justice Act 1992 , section 259 (5) applies as if the reference to ‘ section 258 (1)(a), (b) and (c)’ were a reference to subsection (5) (a) and (b) ; and the Youth Justice Act 1992 , section 259 (6) to (12) applies to the court’s decision and orders. (sec.53BM-ssec.4) For applying subsection (3) — a reference to compensation in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner’s reasonable costs; and a reference to the prosecution in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner. (sec.53BM-ssec.5) For subsection (3) (c) , the matters are— the parent contributed to the fact the offence happened by not adequately supervising the child; and it is reasonable the parent pay some or all of the commissioner’s reasonable costs. (sec.53BM-ssec.6) The Youth Justice Act 1992 , section 260 applies to the commissioner’s reasonable costs ordered to be paid under subsection (5) as if it were an order for compensation to be paid to the State under the Youth Justice Act 1992 , section 259 . - (a) a court considers the matters mentioned in section 53BL (2) ; and - (b) decides under the section that a child does not have the capacity to pay the commissioner’s reasonable costs. - (a) notice must be given to the parent in the way required under the Youth Justice Act 1992 , section 258 (4) to (8) ; and - (b) the show cause hearing must be conducted in the way required under the Youth Justice Act 1992 , section 259 (1) to (4) ; and - (c) the Youth Justice Act 1992 , section 259 (5) applies as if the reference to ‘ section 258 (1)(a), (b) and (c)’ were a reference to subsection (5) (a) and (b) ; and - (d) the Youth Justice Act 1992 , section 259 (6) to (12) applies to the court’s decision and orders. - (a) a reference to compensation in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner’s reasonable costs; and - (b) a reference to the prosecution in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner. - (a) the parent contributed to the fact the offence happened by not adequately supervising the child; and - (b) it is reasonable the parent pay some or all of the commissioner’s reasonable costs.