Children's Court of New South Wales

Children's Court of New South Wales

The former Children's Court façade in Surry Hills
Established	18 January 1988 (1988-01-18)
Jurisdiction	New South Wales, Australia
Location	Parramatta, Sydney
Authorized by	Parliament of New South Wales via the Children's Court Act 1987 (NSW)
Website	childrenscourt.justice.nsw.gov.au
President of the Children's Court
Currently	Judge Peter Johnstone
Since	May 2012

The Children's Court of New South Wales is a court within the Australian court hierarchy established pursuant to the Children's Court Act 1987 (NSW) which deals with criminal offences committed by children aged over 10 years and under 18 years, as well as with proceedings relating to the care and protection of children. The court commenced on 18 January 1988.

History

The treatment of juvenile offenders in the colony of New South Wales reflected the system of criminal law inherited from the United Kingdom. The law of Australia at that time was heavily influenced by the social norms of English society. As a result, children criminals were treated no differently from adult criminals. They were liable to the same harsh penalties. The Judicial Commission of New South Wales cited an example of one English judge who, after condemning a 10-year-old boy to death, described the boy as “a proper subject for capital punishment”. The Commission also noted that on one day in 1815, five children aged between eight and 12 years were hanged for petty larceny in England.^[1]^[2]

The first children's court was established under the Neglected Children and Juvenile Offenders Act 1905. The Judicial Commission of New South Wales stated the first court was set up in the spirit of parens patriae, a jurisdiction that was exercised by the superior courts of the United Kingdom and as a consequence, of the Supreme Court of New South Wales. The court was set up in light of the widespread poverty and child neglect at that time. The courts had to assume the role of parent, protector, and ultimate punisher.^[1]

The present children's court is constituted under the Children's Court Act 1987 (NSW). The Court is an inferior court and is effectively a court of record. The court was established on 18 January 1988.^[1]

Composition

The court is composed of magistrates of the Local Court of New South Wales who are appointed by the Chief Magistrate of the Local Court of New South Wales. A magistrate so appointed is called a Children's Magistrate. The chief magistrate may, with concurrence of the Attorney General of New South Wales, appoint a children's magistrate to be the President of the Children's Court. The President of the Children's Court is effectively a deputy chief magistrate of the Local Court. The President of the Children's Court administers the court, arranges sittings of the Court, and convenes meetings of Children’s Magistrates. The President of the Children's Court also confers regularly with community groups and social agencies on matters involving children and the Court.^[3]

Jurisdiction

The court exercises criminal jurisdiction under the Children (Criminal Proceedings) Act 1987. The court exercises care jurisdiction under the Children and Young Persons (Care and Protection) Act 1998. Until its repeal in 1998, the Children (Care and Protection) Act 1987 also covered the operations of the Court.^[3]

References

1 2 3 Blackmore, Rod. "History of Children's Legislation in New South Wales – the Children's Court" (PDF). The Children's Court & Community Welfare in NSW. Government of New South Wales, with the kind permission of Publishers Longman Cheshire Pty Ltd. Retrieved 12 August 2016.
↑ "The nexus between sentencing and rehabilitation in the Children’s Court of NSW" (PDF). Judicial Commission of New South Wales. Government of New South Wales. ISBN 0-7313-5610-1. Archived from the original (PDF) on 2006-08-21.
1 2 "Court structure". Children's Court of New South Wales. Government of New South Wales. 25 May 2015. Retrieved 12 August 2016.

External links

Children's Court Act 1987 (NSW)

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