Children's Courts Act of 1907 (7 Edw VII No. 3) (Qld)

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Children's Courts Act of 1907 (7 Edw VII No. 3)
I. PUBLIC ACTS OF TH\ PARLIAMENT O]j' QUEENSLAND, 7° EDWARDI VII. APPROPRIATION. See CONSTITUTI01\T. CHILDREN. An Act to Provide for the Creation of Courts for the 7 Bdw. VII. Trial of Children. N; ~!. CHILDREN'B [ ASSENTED TO 19TH NOVEMBER, 1907.] COURTS ACT OF 1907. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as H The Ohildren's Oourts Short title. Act of 1907." 2. In this Act- Interpretation " Child" means any p~ rson under, or apparently under, the age of seventeen years; "Children's Court" means a Court of Petty Sessions sitting for the purpose of hearing and determin- ing a charge against any child; " Guardian" includes a person in loco parentis. 3. (1.) Where a child is to be brought before a Court Procedure of Petty Sessions charged with any offence, the charge when chil~ shall be heard and determined in a Children's Court. ~~' :!~ ~ wIth (2.) In all cases where a police magistrate is present Who to at the hearing of a charge against any.child, the Children's constitute Court shall be constituted by the police magistrate sitting ourt. alone. In all other cases such Court may be constituted by any two er more justices of the peace. Such Court, in addition to the "powers conferred by the Act, shall have and may exercise all the powers and authorities of a Court of Petty Sessions.
919~ CHILDREN. Ohildren's Oourts Lict. 7 EDw. VII. No.S, !907. (3.) The Children's Court shall fix special times for the hearing of charges against children, and notice thereofshall be given to the parents or guardians of the children, if they are known, and also, if such Court thinks fit, to any religious or charitable orga.nisation or any public institu- tion which interests itself in the care or reform of children. (4.) Within the Metropolitan Area of Brisbane, and elsewhere wherever practicable, the Children's Court shall sit in some room other than the room in which the court of petty sessions usually sits. Custody of children. 4. If any child is under arrest, such child shall, as the Children's Court thinks fit, either be at once admitted to bail or given into the care of some person willing to receive him and to undertake to produce him when required by such Court; or the police officer having charge of the case may arrange for him to be taken care of pending the hearing without reference to such Court. In no case shall any child remain in a prison or lock-up pending· the hearing, unless his safe custody cannot otherwise be provided for. Court to be cleared. 5. Notwithstanding the provisions of any law to the, contrary, on the hearing of a charge against any child, the Children's Court shall order that all persons, including representatives of any newspapers, shall be ex~luded from the court. But such order shall not operate to exclude the complainant or police officer in charge of the case, or the counsel, or solicitor, or any parent or guardian of the child, or the representative of any organisation or institution interested in the care or reform of children. Discretionary 6. Notwithstanding the provisions of anylaw to the b~ : : ~ . to contrary, on the hearing of a charge against any child, it shall not be necessary for the Children's Court, even if such Court considers the charge proved, to convict such child in respect thereof. Such Court may, in lieu of convicting such child, admonish him, and, whether the offender is convicted or not, may order him or his parents or guardians to pay any costs or damages incurred by or through such offence. Any such order may be enforced in the same manner as any other order of a court of pet ty sessions. But no such order shall be made against nny parent or guardian in his absence or without giving him an opportunity of being heard. Court to 7. On the hearing of any charge, the Children's judge ofage. Court may decide, upon its own view and judgment,
CHILDREN-CONSTITUTION. 7 Enw. VII. No. 1, 1907. App1"Opriafion Ad,'. 9193 whether any person charged or present before it is a child 'within the meaning of this Act. 8. The Governor in Council may from time to time Regulations. make all such Regulations as may be necessary for the purpose of giving full effect to this Act. All such Regulations shall, upon publication in the Gazette, have the same effect as if they were enacted in this Act. All such Regulations shall be laid before both Houses of Parliament within forty days after the publication thereof if Parliament is then sitting, and if not then within forty days after the commencement of the next session thereof. CONSTITUTION. ApPROPRIA.TION ACTS. Appropriation Act of 1907-1908, No. ] Appropriation Act of 1907-1908, No. 2 ... 7 Edw. VIL No. 1 ... 7 " " 2 An Act to Authorise the Appropriation out of the 7 Edw. VII. Consolidated Revenue Fund of Queensland of N; ~ ! . certain Sums of Money towards the Service > ~ ~ ~ ! Oi~ : ' of the Year ending on the thirtieth day of OF Wg:'i. 908, June, 1908. [ASSEN1'ED TO 25TII JULY, 1907.J W HEREAS we, YOUl' Majesty's most dutiful and loyal Preamble. su~ jects, the members of the Legislative Assembly of Queensland in Parliament assembled, have in the present Session of Parliament cheerfully granted to your Majesty the several sums hereinafter mentioned towards the services of the year ending on the thirtieth day of June, One thousand nine hundred and eight: And whereas we desire to make good out of the Consolidated Revenue Fund of Queensland the several sums granted to your Majesty as aforesaid: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and , by the authority of the same, as follows : - 1. '1'11ere shall and may be issued and applied towards ~ ppropria. making good the supplies granted to His Majesty for the tlOn.
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