Western Australian Numbered Acts Western Australian Numbered Acts (1) No restraining
order is to be made against a child whose age is less than 10 years.
(2) In an application
to vary or cancel a restraining order against a child, section 45 of the
Young Offenders Act 1994 applies as if the matter were proceedings for an
offence.
(3) If the
Children’s Court hears an application for a restraining order under
section 38 against a person or an application to vary or cancel a
restraining order against a person in the belief that the person 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 a court of petty sessions;
(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
court of petty sessions to which the matter is transferred.
(4) If a court of
petty sessions hears an application for a restraining order under
section 38 against a person or an application to vary or cancel a
restraining order against a person in the belief that the person 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 court of petty sessions is
to transfer the matter to the Children’s Court;
(b) the
court of petty sessions proceedings are not, for that reason, invalidated; and
(c) an
order made by the court of petty sessions 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.
(5) If a court
transfers a matter to another court under this section, the clerk of each
court is to give effect to the transfer.