Childrens Division

The Children, Young Persons and Their Families Act 1997 commenced on 1 July, 2000.

The Act repealed the Child Protection Act 1974 and established new provisions for securing the welfare of children who are considered to be 'at risk' (section 4).

On the same day, the Magistrates Court (Children's Division) Act 1998 commenced.  That Act created the Magistrates Court (Children's Division) (section 4) and invested the Court with jurisdiction to hear and determine all matters arising from and under the Children, Young Persons and the Families Act 1997 and the jurisdiction conferred by the Adoption Act 1988 (section 6).

Orders that may be made by the Court under the Children, Young Persons and Their Families Act include assessment orders (section 22), care and protection orders (section 42) and restraint orders under Part XA of the Justices Act 1959 (section 23).

Warrants for the protection and assessment of young people is a major use of the Duty Magistrate Scheme. Under this Scheme magistrates with the administrative support of senior court officers are available after hours to consider applications for warrants to ensure that children at risk are provided appropriate and expeditious protection where this is regarded as necessary.

The thrust of the Act is to address the problems of children at risk by means of education, co-operation, and broader community and family involvement.  Reference to the Court is a last resort.