New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 109U

Bail decision may be made under Bail Act 2013

109U Bail decision may be made under Bail Act 2013

(1) The Children's Court, a Children's Magistrate or a Registrar may make a bail decision under the Bail Act 2013 in respect of a person who is brought before the Court, Magistrate or Registrar after being arrested on a warrant issued under this Part in relation to proceedings before the Children's Court.
(2) The Bail Act 2013 applies in respect of the person as if:
(a) the person were accused of an offence, and
(b) the proceedings before the Children's Court were proceedings for that offence.
(3) For the purpose of applying the Bail Act 2013 :
(a) the Children's Court or a Children's Magistrate has the same functions as the Local Court under that Act, and
(b) a Registrar has the same functions as an authorised justice under that Act, and
(c) section 74 of the Bail Act 2013 (Multiple release or detention applications to same court not permitted) does not apply.
(4) A power to issue a warrant of commitment under this Part is subject to the provisions of the Bail Act 2013 , as applied by this section.
(5) Without limiting section 9, in taking any action or making any decision under the Bail Act 2013 , as applied by this section, concerning a particular child or young person, the safety, welfare and well-being of the child or young person must be the paramount consideration.



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