Children's Court of Western Australia Act 1988 (WA)

Western Australia Children's Court of Western Australia Act 1988 Western Australia Children's Court of Western Australia Act 1988 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Application of certain Acts 1 5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 Part 2 — Children's Court of Western Australia Division 1 — Establishment and constitution 5. Establishment of Court 1 6. Constitution of Court 1 6A. Protection of judicial officers 1 Division 2 — Judges and magistrates 7. Appointment, terms, conditions etc. of judges 1 8. Tenure of office 1 8A. Absence etc. of President 1 9. Acting judge 1 10. Appointment of magistrates 1 11. Work of magistrates appointed to both Magistrates Court and Children's Court 1 12. Oath or affirmation of office 1 12A. President may assign duties to magistrates 1 Division 3 — Sittings of the Court 13. Where and when Court operates 1 14. Power to sit in chambers 1 15. Police officers to attend Court 1 Division 4 — Officers of the Court 16. Appointment of registrars etc. 1 17. Duties of registrar 1 18. Power of registrars to administer oaths etc. 1 Part 3 — Jurisdiction of the Court 19. Criminal jurisdiction as regards children 1 19A. Application of sections 19B to 19E 1 19B. Jurisdiction and procedure for charges of indictable offences 1 19C. Court may transfer charge to Magistrates Court where child and adult charged with same offence 1 19D. Court may transfer charge to Magistrates Court where accused has turned 18 1 19E. Procedure for charges of Commonwealth indictable offences 1 19F. Rules 1 20. Non‑criminal jurisdiction as regards children 1 21. Limitations on exercise of certain jurisdiction 1 22. President may extend powers of magistrate 1 23. Court may require attendance of parent or guardian 1 27. Certain orders may be set aside 1 28. Court may re‑hear proceedings 1 29. Witnesses and contempt 1 30. Transfer of complaint to court of competent jurisdiction 1 Part 4 — Procedure of the Court 31. Exclusion of persons from hearing 1 33. CEOs or officers may take part in proceedings 1 34. Court must explain proceedings 1 35. Restrictions on reports of proceedings 1 36. Disclosure of convictions, orders etc. restricted 1 36AA. Disclosure for certain research purposes 1 36A. Supreme Court may allow publication etc. 1 37. Practice and procedure 1 38. Rules of court 1 39. Mode of enforcing orders by Court 1 39A. Judgments, enforcement of 1 Part 5 — Review and appeal 40. Review by President of certain sentences 1 41. Appeals against decisions of magistrates etc. 1 42. Appeal against certain other orders 1 42A. Appeals from judges' decisions in criminal matters 1 43. Appeals to Court of Appeal 1 Part 7 — Miscellaneous 51. Forms of proceedings 1 51A. Court's records, access to 1 52. Regulations 1 53. Fees, regulations may prescribe 1 Part 8 — Transitional provisions for Courts Legislation Amendment (Magistrates) Act 2022 54. Magistrates performing Children's Court functions before commencement of Courts Legislation Amendment (Magistrates) Act 2022 1 Schedule 1 — Oath and affirmation of office Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Children's Court of Western Australia Act 1988 An Act to establish the Children's Court of Western Australia and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Children's Court of Western Australia Act 1988. [Section 1 amended: No. 15 of 1991 s. 4.] 2. Commencement This Act shall come into operation on such day as is or such days as are respectively fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — CEO (young offenders) means the chief executive officer of the young offenders agency; Chief Magistrate means the Chief Magistrate of the Magistrates Court; child means — (a) any boy or girl under the age of 18 years; and (b) in the absence of positive evidence as to age, any boy or girl apparently under the age of 18 years; and (c) a person dealt with under section 19(2), (2AA) or (2AB); and (d) a boy or girl dealt with under section 20(3)(b); Court means the Children's Court of Western Australia established under this Act; judge means a judge of the Court or an acting judge of the Court and includes a judge of the Supreme Court or a District Court judge when performing a function of the Court under section 6(3); magistrate means a magistrate of the Court; President means the judge who is appointed under section 7 to be the President of the Court; registrar, in relation to the Court sitting at a place, means the person appointed under this Act to be the registrar of the Court at that place; young offenders agency means the Public Sector agency principally assisting the Minister administering the Young Offenders Act 1994 in its administration. (2) For the purposes of this Act, legal experience is — (a) standing and practice as a legal practitioner; or [(b) deleted] (c) judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or (d) a combination of both kinds of legal experience defined in this subsection. [Section 3 amended: No. 15 of 1991 s. 5; No. 14 of 1992 s. 4(3); No. 31 of 1993 s. 27; No. 65 of 2003 s. 107(2), (3); No. 74 of 2003 s. 35; No. 34 of 2004 s. 251; No. 45 of 2004 s. 29; No. 59 of 2004 s. 60 and 73; No. 65 of 2006 s. 55; No. 21 of 2008 s. 643(2)‑(4); No. 59 of 2010 s. 42; No. 47 of 2020 s. 6; No. 2 of 2022 s. 4; No. 9 of 2022 s. 424.] 4. Application of certain Acts (1) The following provisions of the Magistrates Court Act 2004 apply to and in relation to the Court and its officers in the same way as they apply to and in relation to the Magistrates Court and its officers — (a) Part 3 Division 2; (b) sections 35 and 36. (2) The Criminal Procedure Act 2004 applies to and in respect of proceedings before the Court as a court of summary jurisdiction unless this Act provides otherwise. [Section 4 inserted: No. 59 of 2004 s. 61; amended: No. 84 of 2004 s. 18.] 5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 5A inserted: No. 20 of 2013 s. 33.] Part 2 — Children's Court of Western Australia Division 1 — Establishment and constitution 5. Establishment of Court (1) A court to be known as the Children's Court of Western Australia is established. (2) The Court shall be constituted in the manner provided by this Act. (3) The Court is a court of record and shall have an official seal of which judicial notice shall be taken. 6. Constitution of Court (1) The Court shall be constituted by — (a) a judge; or (b) a magistrate; or (c) not less than 2 JPs. (2) Notwithstanding subsection (1) — (a) the Court may be constituted by a judge or a magistrate sitting with one or more JPs; (b) the Court may be constituted by one JP for the purposes of and incidental to the adjournment of proceedings in circumstances where practical considerations do not permit the Court to be constituted in accordance with subsection (1). (3) Upon the request of the President and with the approval of the Chief Justice of Western Australia or the Chief Judge of the District Court, as the case may require, a judge of the Supreme Court or a District Court judge may sit as a judge of the Court and perform any of the functions of a judge accordingly. (4) Where the Court is constituted so as to include a judge or magistrate, the judge or magistrate shall determine any questions of law that arise. (5) Subject to subsection (4), where the persons constituting the Court are divided in opinion as to the decision to be given on any question — (a) the opinion of a judge or magistrate, if sitting, shall prevail; or (b) if no judge or magistrate is sitting and 2 JPs constitute the Court, the proceeding shall be re‑heard and determined before a judge or magistrate in accordance with the directions of the President, given either generally or in relation to a specific case; or (c) if no judge or magistrate is sitting and more than 2 JPs constitute the Court, the opinion of the majority, if there is a majority, shall prevail and if there is not a majority, the proceeding shall be re‑heard and determined before a judge or magistrate in accordance with the directions of the President, given either generally or in relation to a specific case. [Section 6 amended: No. 59 of 2004 s. 73.] 6A. Protection of judicial officers (1) A judge or a magistrate has, in the performance of his or her functions as a judge or a magistrate, the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge. (2) A JP has, in the performance of his or her functions when constituting the Court, the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge. [Section 6A inserted: No. 59 of 2004 s. 62.] Division 2 — Judges and magistrates [Heading inserted: No. 2 of 2022 s. 5.] 7. Appointment, terms, conditions etc. of judges (1) A judge, or more than one judge, shall be appointed by the Governor by commission under his hand on the recommendation of the Attorney General made after consultation with the Minister responsible for the administration of the Children and Community Services Act 2004. (2) A person is not eligible for appointment as a judge unless that person is a lawyer and has had not less than 8 years' legal experience. (3) A judge is entitled to like salary, allowances and reimbursements, leave of absence, and pension rights, to those to which a District Court judge is entitled in relation to his office. (4) If a person is a contributor within the meaning of the Superannuation and Family Benefits Act 1938 1 at the time he is appointed a judge, section 15 of the District Court of Western Australia Act 1969 shall apply to and in relation to him as if he had been appointed a District Court judge. (5) A judge, in relation to that office, is entitled to the style and title of "His Honour" or "Her Honour". (6) A person who has attained the age of 70 years is ineligible for appointment as a judge and a judge shall retire from office on attaining the age of 70 years. (7) A judge may at any time, by written notice addressed to the Governor, resign his or her office. (8) The judge, or if more than one judge is appointed one of the judges designated by the Governor, shall be the President of the Court. (9) A judge may contemporaneously hold a commission as a District Court judge or hold some other judicial office in Western Australia, but may not practise as a legal practitioner or be directly or indirectly concerned in such practice. [Section 7 amended: No. 31 of 1993 s. 28; No. 65 of 2003 s. 107(4); No. 34 of 2004 s. 251; No. 59 of 2004 s. 73; No. 21 of 2008 s. 643(5); No. 9 of 2022 s. 424.] 8. Tenure of office A judge is entitled to hold office during good behaviour but the Governor may, upon the address of both Houses of Parliament, remove a judge from office. 8A. Absence etc. of President (1) Where — (a) the President is absent from duty for any reason; or (b) the President declines to deal with any matter; or (c) no judge has been designated to be the President, the senior judge (determined by reference to the date of appointment as a judge of the Court) present and able to act has the functions of the President. (2) Upon the request of the President a judge may perform any of the functions of the President. [Section 8A inserted: No. 15 of 1991 s. 7.] 9. Acting judge (1) Where — (a) a judge is or is expected to be absent from duty for any reason; or (b) a judge declines to deal with any matter; or (c) an office of judge is vacant; or (d) for any reason the conduct of the business of the Court, in the opinion of the Governor, requires such an appointment to be made, the Governor, on the recommendation of the Attorney General, may appoint a person qualified to be a judge to be an acting judge, to perform the functions of the judge when the judge is so absent or so declines or the office is vacant or in the circumstances referred to in paragraph (d). (2) Subject to subsection (4), an acting judge has the same functions, rights and immunities and is subject to the same rules and conditions as a judge would have or would be subject to in performing those functions. (3) An appointment as acting judge and any act, matter or thing done in performing functions as provided by subsection (1) shall not be questioned on the ground that the occasion for the appointment had not arisen or had ceased. (4) An acting judge is entitled to such remuneration, allowances, and leave of absence as is determined by the Governor. (5) An acting judge may be designated by the Governor as President of the Court. 10. Appointment of magistrates (1) The Governor may appoint a person who is qualified to be appointed as a magistrate of the Magistrates Court as a magistrate of the Children's Court. (2) The appointment of a magistrate of the Children's Court is to be by a commission under the Public Seal of the State. (3) The Governor may appoint as many magistrates as are needed to deal with the workload of the Court. (4) A magistrate of the Magistrates Court may be appointed to be contemporaneously a magistrate of the Children's Court. (5) Section 6(3), (4) and (5) of, and clauses 5, 9 (except clause 9(9)) and 11 to 16 of Schedule 1 to, the Magistrates Court Act 2004, with any necessary changes, apply as if — (a) each reference in those provisions (other than in Schedule 1 clause 12(6) and (7) of that Act) to "the Court" were a reference to "the Children's Court"; and (b) each reference in those provisions (other than in Schedule 1 clause 12(6) and (7) of that Act) to "magistrate" were a reference to "magistrate of the Children's Court"; and (c) the reference in section 6(5) of that Act to section 37 of that Act were a reference to section 6A of this Act; and (d) the reference in Schedule 1 clause 14(1)(c) of that Act to section 25(3) of that Act included a reference to section 12A(4) of this Act; and (e) the reference in Schedule 1 clause 14(2)(b) of that Act to consulting the Chief Magistrate were a reference to consulting the Chief Magistrate and the President. [Section 10 inserted: No. 59 of 2004 s. 63; amended: No. 7 of 2008 s. 149; No. 2 of 2022 s. 6.] [Section 10. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Dec 2009. See endnote 1M.] 11. Work of magistrates appointed to both Magistrates Court and Children's Court (1) In this section — Children's Court functions means functions of a magistrate of the Court; dually appointed magistrate means a person who holds office both as a magistrate of the Magistrates Court and as a magistrate of the Court. (2) The President may, by written notice, inform the Chief Magistrate that the President considers that, to deal with the workload of the Court, it is necessary or desirable for a particular dually appointed magistrate for the time being to perform Children's Court functions — (a) on a full‑time basis; or (b) on a part‑time basis as specified in the notice. (3) If the President gives a notice under subsection (2) in relation to a dually appointed magistrate — (a) the Chief Magistrate may consent, or refuse to consent, to the magistrate for the time being performing Children's Court functions on the basis specified in the notice; and (b) if the Chief Magistrate consents — the Chief Magistrate must, in giving any directions to the magistrate under the Magistrates Court Act 2004 section 25, take into account that for the time being the magistrate is required to perform Children's Court functions on the basis specified in the notice. (4) If a particular dually appointed magistrate has performed Children's Court functions on a full‑time or part‑time basis or has been the subject of a notice under subsection (2), the President may, by written notice, inform the Chief Magistrate — (a) that the President considers that, to deal with the workload of the Court, it is not necessary or desirable for the magistrate for the time being to perform Children's Court functions at all; or (b) that the President considers that, to deal with the workload of the Court — (i) it is not necessary or desirable for the magistrate for the time being to perform Children's Court functions on the basis that previously applied; and (ii) it is necessary or desirable that the magistrate should instead for the time being perform Children's Court functions on a part‑time basis as specified in the notice (which must, in the case of a magistrate who previously performed those functions on a part‑time basis or was the subject of a notice under subsection (2)(b), be a reduced part‑time basis). (5) If the President gives a notice under subsection (4) in relation to a dually appointed magistrate, the Chief Magistrate must, in giving directions to the magistrate under the Magistrates Court Act 2004 section 25, take into account — (a) in the case of a notice under subsection (4)(a) — that for the time being the magistrate is not required to perform Children's Court functions; or (b) in the case of a notice under subsection (4)(b) — that for the time being the magistrate is required to perform Children's Court functions on the specified part‑time basis and not otherwise. (6) In determining whether to give a notice under subsection (2) or (4) in relation to a dually appointed magistrate, the President has absolute discretion and is not required to take into account the seniority or length of service of the magistrate or any other matter. (7) A notice under this section in relation to a magistrate is subject to any subsequent notice under this section in relation to the magistrate. [Section 11 inserted: No. 2 of 2022 s. 7.] 12. Oath or affirmation of office (1) Before a person who is appointed to be a judge, or a magistrate, of the Court performs any function of the office, he or she shall take before the Governor, a Supreme Court judge, or some person authorised for the purpose by the Governor, an oath or affirmation in the form set out in Schedule 1. (1a) Subsection (1) does not apply to — (a) a judge of another court of the State who has taken an oath or affirmation of office in respect of that office of judge; or (b) a magistrate who has taken the oath or affirmation under clause 4 of Schedule 1 to the Magistrates Court Act 2004. (2) An oath or affirmation referred to in subsection (1) may be taken at a place outside the State. [Section 12 amended: No. 15 of 1991 s. 9; No. 59 of 2004 s. 65 and 73; No. 24 of 2005 s. 14; No. 7 of 2008 s. 150.] [Section 12. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Dec 2009. See endnote 1M.] 12A. President may assign duties to magistrates (1) The President, by directions given from time to time to a person who is a magistrate, may — (a) specify which case or cases, or class or classes of case, the person is to deal with; and (b) specify which administrative duties the person is to perform for the time being; and (c) specify where, when and at what times to deal with those cases or perform those duties. (2) A direction given under subsection (1) must relate only to the person's functions as a magistrate of the Court. (3) A direction given to a magistrate under subsection (1) does not limit the functions of the magistrate. (4) A magistrate must comply with a direction given under subsection (1). (5) A contravention of subsection (4) is not an offence. (6) The Chief Magistrate is not entitled, under the Magistrates Court Act 2004 or any other law, to direct a person to perform functions as a magistrate of the Court or in relation to the performance of those functions. [Section 12A inserted: No. 2 of 2022 s. 8.] Division 3 — Sittings of the Court 13. Where and when Court operates (1) The Court — (a) is to have registries at such places, including places outside the State, as the Minister, by written notice to the President, decides from time to time; and (b) is to sit at places where it has a registry at such times as the President decides from time to time; and (c) may, despite paragraphs (a) and (b), sit or otherwise exercise its jurisdiction at any time and place, but must not do so at a place outside the State without the approval of the President. (2) However, subsection (1) does not authorise the Court to have a registry, to sit, or to otherwise exercise its jurisdiction, at a place outside the State except to the extent allowed by the law of the jurisdiction in which the place is located. (3) Public notice of decisions made under subsection (1)(a) and (b) is to be given in such manner as the President decides. [(4) deleted] (5) The President may direct a judge, magistrate or JP to sit at any place where the Court has a registry and may direct concurrent sittings of the Court at the same place for the prompt disposal of the Court's functions. [Section 13 inserted: No. 59 of 2004 s. 66; amended: No. 7 of 2008 s. 151.] 14. Power to sit in chambers A judge or magistrate or JPs may sit in chambers at any time and at any place and, subject to the rules of court, may exercise in chambers any jurisdiction of the Court except any hearing with respect to a child accused of an offence or the determination of an application to declare a child in need of care and protection. [Section 14 amended: No. 59 of 2004 s. 73.] 15. Police officers to attend Court A member of the Police Force of the State must when required by the Court attend the Court when it is sitting and shall obey, serve or execute any summons, warrant, order and command of the Court, or a judge, magistrate or JPs of the Court. [Section 15 amended: No. 59 of 2004 s. 73.] Division 4 — Officers of the Court 16. Appointment of registrars etc. (1) The Minister shall appoint, for each registry of the Court, a registrar and such deputy registrars and other officers as may be needed to deal with the workload of the Court. (2) A person appointed to be a registrar of the Magistrates Court is to be taken to also have been appointed as a registrar of the Children's Court and vice versa. (3) A person appointed to be a deputy registrar of the Magistrates Court is to be taken to also have been appointed as a deputy registrar of the Children's Court and vice versa. (4) Section 26(7) to (8b) of the Magistrates Court Act 2004 applies as if — (a) each reference to the Magistrates Court were a reference to the Court; and (b) each reference to a Registrar or Deputy Registrar of the Magistrates Court were a reference to a registrar or deputy registrar (as the case requires) of the Court; and (c) each reference in subsection (8) to a person appointed to an office in the administrative staff of the Magistrates Court were a reference to a person appointed as a registrar, deputy registrar or other officer appointed under section 16(1) to deal with the workload of the Court; and (d) the reference in subsection (8b) to section 26(7)(a) or (b) of that Act were a reference to that provision as applied by this subsection. [Section 16 inserted: No. 59 of 2004 s. 67; amended: No. 7 of 2008 s. 152.] 17. Duties of registrar (1) The registrar of the Court at each place at which the Court is held shall — (a) issue summonses issued out of the Court at that place; and (b) maintain a record of all proceedings, verdicts and judgments of the Court at that place; and (c) make lists of all matters for hearing, trial, further hearing or rehearing by the Court at that place; and (d) discharge all other duties and powers imposed or conferred under this Act and keep an account of all proceedings of the Court at that place; and (e) take charge of and keep an account of all court fees and fines payable or paid into the Court at that place and of all moneys paid into and out of the Court at that place; and (f) account for all such fees and fines and shall, when required, submit his accounts to be audited by the Auditor General appointed under the Auditor General Act 2006; and (g) give effect to all lawful instructions of the President and do and perform all other acts and duties properly incidental to the office of registrar. (2) Any entry in the register or any book of the Court held at any place or a copy thereof, bearing the seal of the Court and signed and certified as a true copy by the registrar of the Court at that place, shall be admitted in all courts and by persons acting judicially as evidence of that entry and of the proceedings referred to by that entry and of the regularity of the proceedings, without further proof and no record of any summons, judgment or order other than the entry is necessary. [Section 17 amended: No. 59 of 2004 s. 73; No. 77 of 2006 Sch. 1 cl. 24.] 18. Power of registrars to administer oaths etc. (1) Every registrar of the Court may take and administer affidavits, depositions, declarations, oaths and affirmations in relation to any proceedings in the Court. [(2) deleted] [Section 18 amended: No. 59 of 2004 s. 73; No. 24 of 2005 s. 15.] Part 3 — Jurisdiction of the Court 19. Criminal jurisdiction as regards children (1) The Court has exclusive jurisdiction to hear and determine a charge of an offence alleged to have been committed by a child. (1a) Subsection (1) is subject to this Part and these enactments — (a) the Young Offenders Act 1994 Part 5 Division 2; (b) the Sentencing Act 1995 sections 78, 84D, 128 and 132. (2) Notwithstanding that a person has attained the age of 18 years, the jurisdiction of the Court extends, and the provisions of this Act apply, to proceedings in respect of an offence committed, or allegedly committed, by the person before attaining the age of 18 years. (2AA) Despite any uncertainty as to the age of the person charged at the time the offence is alleged to have been committed, the Court has jurisdiction for the purposes of subsection (1) if the charge alleges that the offence was committed by a person who might have been a child. (2AB) The Court retains the jurisdiction referred to in subsection (2AA) despite any evidence produced in proceedings in respect of the offence that the person had reached 18 years of age at the time the offence is alleged to have been committed. (2a) In subsection (2) and (2AB), the reference to proceedings in respect of an offence includes proceedings relating to an order that the Court made when it dealt with the offender upon finding the offender guilty of the offence. (3) In exercising the jurisdiction conferred by this section, the Court when constituted so as not to consist of or include a judge is a court of summary jurisdiction, subject to section 19B(4)(d). (4) Where it is provided by any other written law that a person instead of being prosecuted for a simple offence in a court may elect to suffer a prescribed monetary penalty in respect of that offence, then, notwithstanding anything in this Act, a child may so elect. [(5)‑(8) deleted] (9) Where a child is before the Supreme Court or the District Court, that court has all the powers of the Children's Court of Western Australia in all respects as if the child had been before that Court. [Section 19 amended: No. 15 of 1991 s. 10; No. 104 of 1994 s. 224; No. 78 of 1995 s. 12; No. 27 of 2004 s. 14(3); No. 59 of 2004 s. 68 and 73; No. 84 of 2004 s. 80; No. 47 of 2020 s. 7.] 19A. Application of sections 19B to 19E Where a child is charged with an indictable offence, sections 19B to 19E apply and references in those sections to a child are, unless the contrary intention appears, to be taken as including a person who is charged with an indictable offence that is alleged to have been committed when that person was a child. [Section 19A inserted: No. 15 of 1991 s. 11.] 19B. Jurisdiction and procedure for charges of indictable offences (1) If a child is charged with an indictable offence and — (a) the offence is such that, if an adult were charged with it, it must be tried on indictment; or (b) the circumstances of the alleged offence are such that — (i) if an adult were charged with it, it could, by virtue of section 5 of The Criminal Code, or another written law, be tried either on indictment or summarily; and (ii) the Court, having complied with section 40(2) of the Criminal Procedure Act 2004, decides that it is to be tried on indictment, the child may elect to be tried on indictment by the Supreme Court or the District Court (as the case requires), and the Court shall so inform the child. (2) If a child is charged with an indictable offence and the circumstances of the alleged offence are such that the child is not entitled to make an election under subsection (1), the Court shall, subject to the provisions referred to in section 19(1), hear and determine the charge summarily. (3) If the child makes an election under subsection (1) the Court shall proceed under Part 3 Division 4 of the Criminal Procedure Act 2004 as if the charge were one that must be tried on indictment. (4) If a child does not make an election under subsection (1) — (a) the Court, on its own motion or on the application of the child, may direct the prosecutor — (i) to serve or cause to be served on the child (or the child's solicitor or counsel) and to lodge with the Court, within such time as is specified, any document that is required to be disclosed under section 95 of the Criminal Procedure Act 2004; and (ii) to afford the child (or the child's solicitor or counsel) reasonable opportunity to inspect any material exhibits that the prosecution proposes to tender at the hearing of the charge; and (b) on the making of a direction under paragraph (a), the State acting by the Attorney General or some other duly appointed person shall assume the conduct of the prosecution and shall be taken to be the prosecutor; and (c) the Court shall, subject to the provisions referred to in section 19(1), hear and determine the charge, and may exercise any power in Part 4 or 5 of the Criminal Procedure Act 2004, as if the prosecution notice were an indictment, and the hearing were a trial on indictment and the Criminal Procedure Act 2004 shall apply with such modifications as circumstances require; but the child is not thereby entitled to have any issue tried by a jury; and (d) subject to Part 5, the child, if convicted, shall, for the purposes of punishment and orders, procedures, and proceedings consequential on conviction, be taken to have been convicted on indictment, notwithstanding that the child may have been convicted by the Court when constituted other than by a judge. (5) If a copy of a statement of a person is served in accordance with a direction made under subsection (4)(a)(i), the original of the statement may be produced and given in evidence at the trial of the child — (a) if it is proved to the satisfaction of the Court that the person is dead, or out of Western Australia, or so ill as not to be able to travel, although there may be a prospect of the person's recovery; or (b) if the person is kept out of the way by the child. (6) If there is a prospect of the recovery of a person proved to be too ill to travel, the Court shall not be obliged to receive the statement, but may postpone the trial. [Section 19B inserted: No. 15 of 1991 s. 11; amended: No. 71 of 2000 s. 40; No. 65 of 2003 s. 122(2); No. 4 of 2004 s. 58; No. 59 of 2004 s. 69 and 73; No. 84 of 2004 s. 13, 18 and 80.] 19C. Court may transfer charge to Magistrates Court where child and adult charged with same offence (1) Notwithstanding section 19B, if — (a) the Court is satisfied — (i) that a person who has reached 18 years of age (the adult) is charged with the same indictable offence as a child or with an indictable offence arising from the same acts, omissions, or circumstances as are alleged against a child charged with an indictable offence; and (ii) that the adult is to be tried on indictment for the offence; and (b) the Court is for any reason of the opinion that it is appropriate that the child be dealt with on indictment jointly with the adult, then the Court shall proceed under Part 3 Division 4 of the Criminal Procedure Act 2004 as if the charge were one that must be tried on indictment. [(2) deleted] (3) Where a child is committed for trial on indictment under subsection (1) and it becomes inexpedient or undesirable to conduct the trial of the adult jointly with that of the child, the court to which the child has been committed for trial may — (a) neverthel