Children, Young Persons, and Their Families Amendment Rules 2002
Children, Young Persons, and Their Families Amendment Rules 2002
Children, Young Persons, and Their Families Amendment Rules 2002
2002/253
Children, Young Persons, and Their Families Amendment Rules 2002
Note
These rules are administered in the Department of Social Welfare.
Pursuant to section 448 of the Children, Young Persons, and Their Families Act 1989, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.
Contents
1 Title
-
(1) These rules are the Children, Young Persons, and Their Families Amendment Rules 2002.
(2) In these rules, the Children, Young Persons, and Their Families Rules 19891 are called
“the principal rules”
.
2 Commencement
These rules come into force on 21 October 2002.
3 Application of rules
Rule 2(2) of the principal rules is amended by revoking paragraph (a), and substituting the following paragraphs:
“(a) criminal proceedings; or
-
“(aa) proceedings under the Act to which the Family Courts Rules 2002 apply, namely—
“(i) proceedings in a Family Court; and
“(ii) proceedings in a District Court acting under section 151 of the Act or under section 15 of the Family Courts Act 1980; or”.
4 Interpretation
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(1) Rule 3(1) of the principal rules is amended by revoking the definition of Court, and substituting the following definition:
“Court,—
“(a) means a Youth Court; and
“(b) in the case of proceedings under Part VII of the Act, includes a District Court”.
(2) Rule 3(1) of the principal rules is amended by revoking the definition of Judge.
(3)
“Rule 3(1) of the principal rules”
is amended by inserting, immediately after the definition of District Courts Rules, the following definition:“Judge,—
“(a) means a Youth Court Judge; and
“(b) in the case of proceedings under Part VII of the Act, if neither a Family Court Judge nor a Youth Court Judge is available, includes a District Court Judge”.
5 Searches
Rule 9(1)(c) of the principal rules is revoked.
6 Applications
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(2) Rule 13 of the principal rules is amended by revoking subclause (4), and substituting the following subclause:
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“(4) Every application must be filed together with the number of copies the Registrar directs (which number must not exceed the number of persons intended to be served) of the following documents:
“‘(a) the application; and
“‘(b) if the application is an application under section 371 of the Act, the information sheet required by rules 16(1) and 69(2) to accompany the application.’”
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8 Information sheet
9 Filing of applications
Rule 17(3)(b) of the principal rules is revoked.
11 Setting down for hearing
12 Consent to order of Court
13 Procedure on transfer
Rule 33(b) of the principal rules is revoked.
15 Directions as to service
Rule 41(2) of the principal rules is revoked.
16 Substituted service
Rule 42(1)(b) of the principal rules is revoked.
18 Ex parte applications
19 Enlargement or abridgement of time
Rule 55(1) of the principal rules is amended by omitting the words
“section 200 of the Act and to”
.
Marie Shroff,
Clerk of the Executive Council.
Explanatory note
This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 21 October 2002, amend the Children, Young Persons, and Their Families Rules 1989 to—
•make it clear that those rules do not apply to proceedings to which the Family Courts Rules 2002 apply; and
•remove provisions that relate solely to the jurisdiction of Family Courts under the Children, Young Persons, and Their Families Act 1989.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 12 September 2002.
1 SR 1989/295