Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 731

Child's options

    (1)     A child may—

        (a)     pay to the Children's Court the registered amount by the date specified in the notice under section 730; or

        (b)     apply for a CAYPINS time to pay order; or

        (c)     apply for a CAYPINS cancellation order under section 733 that registration of the infringement penalty be cancelled and payment of the registered amount not be enforced; or

        (d)     in the case of an offence against the Transport (Compliance and Miscellaneous) Act 1983 or the regulations under that Act, request that consideration of the matter be deferred so that the child may undertake a program approved under section 227A(2) of that Act; or

        (e)     request to appear before the registrar of the Children's Court; or

        (f)     notify the registrar of the Children's Court that the child does not wish to appear before the registrar and leave the matter to be dealt with by the registrar without a hearing based on any written application or information provided by the child; or

        (g)     decline to be dealt with by the registrar of the Children's Court and request that the matter of the alleged offence or offences in relation to which an infringement notice was issued be heard and determined by the Children's Court.

    (2)     In relation to subsection (1), a child or a person acting on a child's behalf may give the registrar of the Children's Court written information relating to any of the following—

        (a)     the child's employment or school attendance;

        (b)     the child's personal and financial circumstances;

        (c)     the child's special circumstances within the meaning of the Infringements Act 2006 (if applicable).

    (3)     If a child wishes to apply for a CAYPINS cancellation order, the child, or a person acting on the child's behalf, must apply to the registrar of the Children's Court in the prescribed form.

    (4)     If a child wishes to request to appear before the registrar of the Children's Court in accordance with subsection (1)(e)—

        (a)     the child, or a person acting on the child's behalf, must notify the registrar of the Children's Court on or before the date specified in the notice under section 730; and

        (b)     on receipt of the child's notification, the registrar of the Children's Court must—

              (i)     set a date for the child to appear before the registrar in the Children's Court closest to the child's specified address; and

              (ii)     notify the child of that date and location.

    (5)     On receipt of the notification under subsection (4)(b)(ii), the child, or a person on the child's behalf, may request that the matter be deferred to another date so that the child may appear before the registrar.

    (6)     If a child does not wish to appear before the registrar of the Children's Court and wishes to leave the matter to be dealt with without a hearing in accordance with subsection (1)(f)—

        (a)     the child, or a person acting on the child's behalf, must notify the registrar of the Children's Court on or before the date specified in the notice under section 730; and

        (b)     on receipt of the child's notification, the registrar must determine the matter as soon as possible.

    (7)     If a child wishes to have the matter determined by the Children's Court and not the registrar of the Children's Court in accordance with subsection (1)(g)—

        (a)     the child, or a person acting on the child's behalf, must notify the registrar on or before the date specified in the notice under section 730; and

        (b)     on receipt of the child's notification, the registrar must—

              (i)     cancel the registration of any infringement penalty referred to in the notice; and

              (ii)     remit the infringement notice to the enforcement agency.

    (8)     If—

        (a)     a child does not exercise an option referred to in this section by the date specified in the notice under section 730; and

        (b)     the registrar of the Children's Court is reasonably satisfied that the child has received the notice—

the registrar may determine the matter without a hearing.

    (9)     Nothing in this Chapter prohibits an enforcement agency from filing a charge-sheet with the Children's Court for an infringement notice that has been remitted to it under subsection (7)(b)(ii).



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