Magistrates Court (Children's Division) Rules 2012 (Tas)

Magistrates Court (Children's Division) Rules 2012

The Magistrates Rule Committee, in exercise of its powers under section 15AE of the Magistrates Court Act 1987 , makes the following rules of court for the Magistrates Court (Children's Division) established under the Magistrates Court (Children's Division) Act 1998 .

PART 1 - Preliminary

1. Short title These rules of court may be cited as the Magistrates Court (Children's Division) Rules 2012 .

2. Commencement These rules of court take effect on 1 January 2013.

3. Interpretation (1) In these rules of court – Act means the Children, Young Persons and Their Families Act 1997 ; application means a protection application and any other originating process; approved form means a form approved by the Chief Magistrate under rule 8(1) ; case management direction means a direction, or order, given under Part 3 ; Children's Division Act means the Magistrates Court (Children's Division) Act 1998 ; child's representative means an Australian legal practitioner representing a child in a proceeding – (a) under section 59(1) or (3) of the Act; or (b) under section 15(1) or (3) of the Children's Division Act; directions hearing – see rule 22(2) ; interested person means a person permitted by the Court to be heard under section 51 of the Act; originating process means any document by which a proceeding is initiated; proceeding means any matter, including an application, which is initiated by an originating process; protection application means an application under the Act for – (a) an assessment order; or (b) a variation, discharge or extension of an assessment order; or (c) a care and protection order; or (d) an extension of a care and protection order or a variation or suspension of a care and protection order; registrar means the Administrator, a district registrar or a deputy district registrar; registry means a registry of the Magistrates Court; separate representative, of a child, means an Australian legal practitioner appointed to represent the child, pursuant to an order under section 59(4) of the Act or section 15(4) of the Children's Division Act; Tasmania Legal Aid means the commission constituted under section 4 of the Legal Aid Commission Act 1990 . (2) In these rules of court – (a) in a case where a proceeding has been instituted, a reference to the registry is to be read as a reference to the registry of the Court at the place in which the proceeding has been instituted; and (b) in a case where a proceeding has been instituted, a reference to the district registrar is to be read as a reference to the district registrar of the registry in which the proceeding has been instituted. (3) Unless the contrary intention appears, an expression used in these rules of court has the same meaning as it has in the Act. (4) If an expression is used in these rules of court and is not defined in these rules of court or the Act but is defined in the Children's Division Act, that expression has the same meaning in these rules of court as in the Children's Division Act.