Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p36
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 36/268)
Character Range: 460687–463337

for people under 14
 (1) A control order cannot be requested, made or confirmed in relation to a person who is under 14 years of age.

Rule for people 14 to 17
 (2) If an issuing court is satisfied that a person in relation to whom an interim control order is being made or confirmed is 14 to 17 years of age, the period during which the confirmed control order is to be in force must not end more than 3 months after the day on which the interim control order is made by the court.
 (3) Subsection (2) does not prevent the making of successive control orders in relation to the same person.

Young person's right to legal representation
 (4) If an issuing court is satisfied, in proceedings relating to a control order, that:
 (a) the person to whom the control order relates, or the person in relation to whom the control order is requested, is at least 14 but under 18; and
 (b) the person does not have a lawyer acting in relation to the proceedings;
the court must appoint a lawyer to act for the person in relation to the proceedings.
 (5) However, the issuing court is not required to appoint a lawyer if:
 (a) the proceedings are ex parte proceedings relating to a request for an interim control order; or
 (b) the person refused a lawyer previously appointed under subsection (4) during proceedings relating to:
 (i) the control order; or
 (ii) if the control order is a confirmed control order—the interim control order that was confirmed.
 (6) The regulations may provide in relation to the appointing of lawyers under subsection (4) (including in relation to lawyers appointed under that subsection).

Subdivision I—Miscellaneous

104.28A  Interlocutory proceedings
 (1) Proceedings in relation to a request under section 104.3, 104.6 or 104.8 to make an interim control order are taken to be interlocutory proceedings for all purposes (including for the purpose of section 75 of the Evidence Act 1995).
 (2) The following proceedings are taken not to be interlocutory proceedings for any purpose (including for the purpose of section 75 of the Evidence Act 1995):
 (a) proceedings in relation to the confirmation under section 104.14 of an interim control order;
 (b) proceedings in relation to an application under section 104.18, 104.19 or 104.23 to revoke or vary a confirmed control order.

104.28AA  Costs in control order proceedings
 (1) In proceedings in relation to a control order (including proceedings to vary or revoke a control order), an issuing court must not make an order for costs against the person in relation to whom the control order is sought (or has been made).
 (2) However, subsection (1) does not apply to the