Western Australian Current Acts Western Australian Current Acts (1) If the
Children’s Court hears an application under this Act in the belief that
the respondent or person who is bound by an order is a child when in fact the
person is not a child —
(a) as
soon as it becomes aware the person is not a child, the Children’s Court
is to transfer the matter to the Magistrates Court; and
(b) the
Children’s Court proceedings are not, for that reason, invalidated; and
(c) an
order made by the Children’s Court before it became aware the person was
not a child, is as valid and has the same effect as if it had been made by the
Magistrates Court to which the matter is transferred.
(2) If the Magistrates
Court hears an application under this Act in the belief that the respondent or
person who is bound by an order is not a child when in fact the person is a
child —
(a) as
soon as it becomes aware the person is a child, the Magistrates Court is to
transfer the matter to the Children’s Court; and
(b) the
Magistrates Court proceedings are not, for that reason, invalidated; and
(c) an
order made by the Magistrates Court before it became aware the person was a
child, is as valid and has the same effect as if it had been made by the
Children’s Court.
(3) If a court
transfers a matter to another court under this section, the registrars of each
court are to give effect to the transfer.
[Section 52 amended: No. 59 of 2004 s. 124.]