New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 28

28 Jurisdiction of the Children's Court

(1) The Children's Court has jurisdiction to hear and determine--

(a) proceedings in respect of any offence (whether indictable or otherwise) other than a serious children's indictable offence, and

(b) committal proceedings in respect of any indictable offence (including a serious children's indictable offence),

if the offence is alleged to have been committed by a person--

(c) who was a child when the offence was committed, and

(d) who was under the age of 21 years when charged before the Children's Court with the offence.

(2) Notwithstanding subsection (1), the Children's Court does not have jurisdiction to hear or determine proceedings in respect of a traffic offence that is alleged to have been committed by a person unless--

(a) the offence arose out of the same circumstances as another offence that is alleged to have been committed by the person and in respect of which the person is charged before the Children's Court, or

(b) the person was not, when the offence was allegedly committed, old enough to obtain a licence or permit under the Road Transport Act 2013 or any other applicable Act authorising the person to drive the motor vehicle to which the offence relates.