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Court review of registrar’s order

Information about the review of a decision by the CAYPINS registrar.

If either the child or the agency that issued the fine is not happy with the CAYPINS registrar's decision, they can apply for to the Children’s Court for a review.

The child or someone representing the child must apply in writing for a review of the registrar’s decision.

Both parties will be notified of the place and time of the review.

Time limits

Different time limits apply depending on whether the applicant is the child or the agency.

A child has 28 days after the registrar's decision to ask for the matter to be reviewed by a judicial review officer at the Children's Court.

If the registrar decides that the penalty should not be enforced, the issuing agency may seek a review by a judicial review officer within 14 days of the registrar’s decision.

If the child did not know about the fine

The child may ask the court to cancel the fine if they did not know about it. They can only do this if they were not served personally.

The child has 14 days from the time that they first found out that they had been fined to apply for a review. They must give reasons for asking for the fine to be cancelled when they apply.

If the fine is cancelled, the agency may issue another fine.

If the child admitted to the offence

The child cannot change their mind if they have already admitted to the offence during their meeting with the registrar.

If the child wants to challenge the circumstances of the offence, they must ask to have the matter heard in open court instead of meeting with the CAYPINS registrar.

Decisions the court may make

The court will not examine the registrar's decision, but will consider the financial, personal and educational circumstances of the child. The court may decide to:

  • confirm the registrar’s decision
  • order the child to pay a different amount (this must not exceed the maximum fine allowed for the offence)
  • decide not to enforce the fine and any unpaid costs associated with it.

Part payment

If the child has already paid off some of the fine, the court will not order a refund.

More information

Legislation

Children Youth and Families Act 2005 (Vic)

  • s. 3—definitions
  • Schedule 3 CAYPINS system, including clause 10 (court review of enforcement hearing) and clauses 15 and 16
  • s. 373—maximum fines that may be imposed on a child

See Children, Youth and Families Act 2005 (Vic)(opens in a new window).

Children Youth and Families Regulations 2007 (Vic)

  • Schedule 6 contains the forms to be used in CAYPINS system

See Children, Youth and Families Regulations 2007 (Vic).

References

The 'Youth' section of 'Practice resources' on VLA-Net has more information about CAYPINS.

See CAYPINS(opens in a new window)

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