QLDIn ForceAct
Youth Justice Act 1992
sec.74Chief executive’s right of audience generally
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### sec.74 Chief executive’s right of audience generally
This section applies to a proceeding before a court in which a child is charged with an offence.
The chief executive is entitled to be heard by the court on matters mentioned in subsection (3) , even though the chief executive is not a party to the proceeding.
The matters are—
adjournment of the proceeding; and
matters relating to the custody or release from custody of the child pending completion of the proceeding; and
sentence orders that may be made against the child; and
without limiting paragraphs (a) to (c) , matters on which the court considers the chief executive should be heard.
However, the chief executive must not be heard on an issue under section 234 .
If the chief executive is a party to the proceeding, the chief executive may appear and be represented by an officer of the department.
s 74 sub 1996 No. 22 s 23
amd 1998 No. 39 s 28 ; 2002 No. 39 s 24 ; 2014 No. 9 s 7 ; 2016 No. 38 s 11 ; 2016 No. 39 s 17
(sec.74-ssec.1) This section applies to a proceeding before a court in which a child is charged with an offence.
(sec.74-ssec.2) The chief executive is entitled to be heard by the court on matters mentioned in subsection (3) , even though the chief executive is not a party to the proceeding.
(sec.74-ssec.3) The matters are— adjournment of the proceeding; and matters relating to the custody or release from custody of the child pending completion of the proceeding; and sentence orders that may be made against the child; and without limiting paragraphs (a) to (c) , matters on which the court considers the chief executive should be heard.
(sec.74-ssec.4) However, the chief executive must not be heard on an issue under section 234 .
(sec.74-ssec.5) If the chief executive is a party to the proceeding, the chief executive may appear and be represented by an officer of the department.
- (a) adjournment of the proceeding; and
- (b) matters relating to the custody or release from custody of the child pending completion of the proceeding; and
- (c) sentence orders that may be made against the child; and
- (d) without limiting paragraphs (a) to (c) , matters on which the court considers the chief executive should be heard.