The Law Handbook 2024

40 Section 1: Understanding our laws and courts Infringement notices Fines issued to young people (e.g. for failing to produce a valid ticket on public transport or for not wearing a bike helmet) by an infringement notice can be dealt with in the Children’s Court by the Children and Young Persons Infringement Notice System ( CAYPINS ). CAYPINS is a method of enforcing infringement notices when the fine is not paid in the first instance. (For adults, infringement notices are enforceable through the Infringements Court system; see Chapter 3.1: Fines and infringements.) The aim of CAYPINS is to enable flexible and discrete decision-making that takes into account a child’s age and personal and financial circumstances. Children’s Koori Court The Children’s Koori Court has jurisdiction to hear matters relating to criminal offending (other than sexual offences) by Aboriginal and/or Torres Strait Islander children. The Children’s Koori Court is a sentencing court; the goal of this court is to exercise sentencing options that are culturally appropriate to Aboriginal and Torres Strait Islander people, in the hope of reducing the rate of reoffending. An Elder or ‘respected person’ attends the court to give the judge or magistrate cultural advice. The Children’s Koori Court is not as formal as the mainstream Children’s Court, so any person within the courtroom – the young person charged with the offence, their family, the Elder, the Koori Court Officer – can have their say. To go to the Children’s Koori Court, a young person must be pleading guilty or have been found guilty. The young person must also want their case to be heard in the Children’s Koori Court. The Children’s Koori Court is currently sitting at Melbourne Children’s Court, Bairnsdale, Dandenong, Hamilton, Heidelberg, Latrobe Valley (Morwell), Mildura, Portland, Shepparton, Swan Hill and Warrnambool. Neighbourhood Justice Centre’s Children’s Court The Neighbourhood Justice Centre’s ( NJC ) court sits as a Children’s Court (the Criminal Division) on the first Monday of each month. The NJC court has jurisdiction to hear matters relating to people who live in the City of Yarra. Aboriginal and Torres Strait Islander people with a strong connection to the area may also have their cases heard at the NJC if it is alleged they committed an offence within the City of Yarra. Homeless people can also have their cases heard at the NJC, if the alleged offence took place in the City of Yarra or if the person is living in short-term accommodation in the City of Yarra. For the NJC’s contact details, see ‘Contacts’ at the end of this chapter. Legal representation in the Children’s Court Criminal Division of the Children’s Court In practice, virtually all young people appearing in the Criminal Division of the Children’s Court are legally represented. If a young person is not represented, the case may be adjourned to enable them to obtain representation. Alternatively, they may be referred to the duty lawyer at the court. Family Division of the Children’s Court (child protection cases) In the Family Division of the Children’s Court, children aged 10 and above must be given the opportunity to be legally represented. The lawyer must act on the child’s instructions and wishes. Children under the age of 10 (or those who are considered to be insufficiently mature to give instructions for other reasons) are not legally represented unless the court finds that there are ‘exceptional circumstances’ in relation to the child. In exceptional circumstances, the court may adjourn the case so that legal representation for the child can be obtained. In such cases, the child’s lawyer must act in accordance with what they consider to be in the child’s best interests and communicate any wishes expressed by the child.