Childrens Court Rules 2016
Part 1 Preliminary
1 Short title
These rules may be cited as the Childrens Court Rules 2016.
2 Commencement
These rules commence on 1 July 2016.
3 Application of rules
(1)These rules apply to—(a)CAO proceedings; and(b)child protection proceedings; and(c)adoption proceedings; and(d)acknowledgement of sex proceedings; and(e)applications made under the Trans-Tasman Proceedings Act in any civil or criminal proceeding before the court; and(f)an appeal to the court under—(i)the Child Protection Act, section 117; or(ii)the Adoption Act, section 243; or(iii)the Births, Deaths and Marriages Registration Act 2023, section 78.Note—
These rules do not apply to the Court of Appeal.(2)These rules apply to the following proceedings to the extent that the court directs—(a)a proceeding for an order transferring a child protection order to a participating State under the Child Protection Act, section 214;(b)a proceeding for an order transferring a child protection proceeding to the Childrens Court in a participating State under the Child Protection Act, section 228;(c)an appeal to the court against a decision mentioned in the Child Protection Act, section 239(1).
4 Definitions
(1)The dictionary in schedule 1 defines particular words used in these rules.(2)For a rule about a CAO proceeding or child protection proceeding, the words and expressions used in the rule have the same meaning as they have in the Child Protection Act.(3)For a rule about an adoption proceeding, the words and expressions used in the rule have the same meaning as they have in the Adoption Act.(4)For a rule about an acknowledgement of sex proceeding, the words and expressions used in the rule have the same meaning as they have in the Births, Deaths and Marriages Registration Act 2023.(5)However, subrules (2), (3) and (4) do not apply if the rule where the term is used makes it clear that the term does not have the same meaning as in the Child Protection Act or the Adoption Act.
5 Main objects of rules
The main object of these rules is to provide for flexible procedures that allow the court to decide a proceeding—(a)consistently with—(i)for a CAO proceeding or child protection proceeding—the child protection principles; or(ii)for an adoption proceeding—the adoption principles; or(iii)for an acknowledgement of sex proceeding—the Births, Deaths and Marriages Registration Act 2023, section 70; and(b)fairly; and(c)as soon as possible; and(d)with the minimum cost; and(e)with the minimum legal technicality; and(f)in accordance with the nature, importance and complexity of the issues to be resolved in the proceeding; and(g)in relation to a proceeding involving an Aboriginal or Torres Strait Islander child—having regard to Aboriginal tradition or Island custom.
6 Court may make order or issue direction on own initiative or application
Subject to a contrary intention in an Act…