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Children's Court
Courts and tribunals are where arguments are sorted out and decisions are made. A court may be asked to decide where you will live or if you have committed a crime, or you can ask for help from a court if you believe your rights have been violated. Talk to a lawyer.
Being taken to court by the police
You can be taken to the Children’s Court if the police charge you before your 18th birthday as long as your matter is filed for hearing before your 19th birthday.
If you are 19 or older the Children’s Court must still hear the case if it began in the Children's Court when you were under 19, unless the court thinks that there are ‘exceptional circumstances’ (very good reasons not to). If you have been charged with an offence it is important you get legal help as quickly as possible. See ‘Legal help for young people’ (link below).
See the Children’s Court website (link below) for more information about going to the Criminal Division of the court.
Unpaid fines
You may also have to go to the Children’s Court if you have unpaid ‘infringement notices’ (fines). You can choose to have the case heard by the Children's Court if you were under 18 when the offence happened. If the court does not believe that you were responsible, you will not have to pay the fine.
If the court believes that you were responsible for the offence, it can:
- reduce the amount of the fine
- set up an instalment plan where you can pay off the fine slowly
- or give you a different penalty, like a good behaviour bond.
CAYPINS
The Children’s Court has introduced a new process called Children and Young Persons Infringement Notice System (CAYPINS) for infringements.
If the agency that fined you agrees and you don’t want to argue against the fine, instead of having to appear before a magistrate you can meet with a CAYPINS court registrar.
The registrar will talk with you about your financial situation and try to come to an agreement about how you can pay the fine, such as an instalment plan. In some cases, the registrar may be able to reduce the amount of the fine or order that it not be enforced.
The young person or the agency that issued the fine can ask for the registrar’s order to be reviewed, if they are not happy with the outcome.
See the Children's Court website (link below) or call the CAYPINS helpline on 1300 787 715 for more information.
Being taken to court by someone else
You can be sued by someone if you have hurt them or caused them to lose money because of something you did. But you will only be held responsible if, at your age, you should have known that what you did would cause that damage or loss. A person under 18 can only sue another person by getting an adult, usually their parent or guardian, to do it for them.
Being taken to court by the Department of Human Services
If the Department of Human Services (DHS) thinks you are unsafe because your parents or guardian don’t or can’t look after you, you may be taken to the Children’s Court. This is a welfare case, not a criminal case, so you are not in trouble. You will go to the Family Division of the court, instead of the Criminal Division.
See the Children’s Court website (link below) for more information about going to the Family Division of the court.
Getting legal advice before court
It is always a good idea to get legal advice before things get to the point of going to court. For example:
- if the police want to interview you
- if the DHS wants you or your family to sign an agreement without going to court that means you or a parent have to leave home.
Getting legal advice after court
Sometimes you may need legal advice after a court case. For example:
- if a decision made by the Department of Child Services in a child protection case affects you and you want a different decision
- if you don’t understand what happened at court
- if you disagree with what happened at court and you want to find out about changing the decision.
More information
Going to court (general information)
Security guards & transport inspectors
Related publications
Related websites
Children's Court – CAYPINS (new window)
Children’s Court – Criminal Division (new window)
Children’s Court – Family Division (new window)
How we can help
Victoria Legal Aid’s (VLA) has a Youth Legal Service that provides legal information and assistance to children, young people and parents.
Call VLA’s Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals, including the Children’s court
- advice at many correctional facilities, remand and detention centres, including the Melbourne Juvenile Justice Centre, Parkville Youth Residential Centre and secure welfare facilities.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
Youthlaw is a community legal centre for young people up to the age of 25. Youthlaw can help with:
- confidential legal advice, information and casework services
- information about your legal rights and responsibilities.
See the Youthlaw website (new window) or call them on (03) 9611 2412 or email info@youthlaw.asn.au.