Terms defined

 

Terminology used in legislation is defined in the ‘dictionary’ section of that piece of legislation. Each term is clearly defined to clarify the manner in which the legislation is to be interpreted.

In the Children, Youth and Families Act 2005 (Vic) (“CYFA”) (s 3), “proceeding” means:

any matter in the court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar under schedule 3.

The CYFA (s 3) defines “child” for criminal cases as meaning:

a person who at the time of the alleged commission of the offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when a proceeding for the offence is commenced in the court.

For all non-criminal cases, a child is defined as a person under 17 years old.

For the purposes of this chapter, the terms “child” and “young person” are used interchangeably and accord with the above definition unless specified to the contrary.

The “president” of the Children’s Court is the head of the court and is a judge of the County Court. The president hears cases in the same way as magistrates at the court.