280ACourt may refer case to person who commenced proceeding to be dealt with as child offending care or protection proceeding under Part 2

1. This section applies to proceedings under this Part in respect of a child aged 12 or 13 years who is charged with an offence of the kind specified in section 272(1)(b) or (c) if, at any stage of the proceedings before an order is made under section 282 or 283, it appears to the court that—

2. the child may be in need of care or protection on the ground specified in section 14(1)(e); and
3. the making of an application for a care or protection order on that ground in respect of the child and the offence would serve the public interest better than the continuation of the proceedings under this Part.

4. The court—

5. may refer the matter to the person who commenced the proceedings to consider whether to make an application for a care or protection order on that ground in respect of the child and the offence or to deal with the matter in some other way; and
6. must, on making a referral under paragraph (a), adjourn the proceedings pending the outcome of that referral.

7. If the proceedings are in respect of a charging document filed against the child for an offence, and are adjourned under subsection (2),—

8. the court may, at any time, discharge the charge under section 282; but
9. if not discharged earlier, the charge is deemed to be discharged if, and when, an application for a care or protection order on that ground in respect of the child and the offence first comes before a Family Court Judge.

10. A person to whom a matter in respect of a child is referred under subsection (2) must—

11. consider whether to make an application for a care or protection order on that ground in respect of the child and offence or to deal with the matter in some other way; and
12. give effect to the decision under paragraph (a), and ensure the Youth Court is advised promptly of the outcome of the referral.

13. Before referring a matter to the person who commenced the proceedings under subsection (2), the court may—

14. direct a youth justice co-ordinator to convene a family group conference for the purpose of considering whether the making of an application for a care or protection order on that ground in respect of the child and the offence would serve the public interest better than the continuation of the proceedings under this Part (in which case sections 250 to 259 apply to the conference with all necessary modifications); and
15. adjourn the proceedings until the conference has been held.

16. Nothing in this section limits or affects the application to a child, in accordance with section 272(2A), of section 280, insofar as the child may be in need of care or protection on a ground other than that specified in section 14(1)(e).