{"id":"young-offenders-act-1993","name":"Young Offenders Act 1993","slug":"young-offenders-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110900,"registerId":"sa-young-offenders-act-1993-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Young Offenders Act 1993.\n3—Objects and statutory policies\n\t(1)\tThe object of this Act is to secure for youths who offend against the criminal law the care, correction and guidance necessary for their development into responsible and useful members of the community and the proper realisation of their potential.\n\t(2)\tThe powers conferred by this Act are to be directed towards that object with proper regard to the following statutory policies:\n\t(a)\ta youth should be made aware of his or her obligations under the law and of the consequences of breach of the law;\n\t(c)\tthe community, and individual members of it, must be adequately protected against violent or wrongful acts.\n\t(2a)\tIn imposing sanctions on a youth for offending—\n\t(a)\tregard should be had to the deterrent effect any proposed sanction may have on the youth; and\n\t(b)\tif the youth has demonstrated a pattern of repeated offending, substantial weight should be given to the impact of that offending and the need to protect the safety of the community (whether as individuals or in general).\n\t(2b)\tIn determining whether a youth has demonstrated a pattern of repeated offending for the purposes of subsection (2a)(b), matters dealt with by a police officer or family conference are to be disregarded (including matters of a kind referred to in section 17(2)).\n\t(3)\tEffect is to be given to the following statutory policies so far as the circumstances of the individual case allow:\n\t(a)\tcompensation and restitution should be provided, where appropriate, for victims of offences committed by youths;\n\t(ab)\tcompensation and restitution should also be provided, where appropriate, for persons who have suffered loss or damage as a result of offences committed by youths;\n\t(b)\tfamily relationships between a youth, the youth's parents and other members of the youth's family should be preserved and strengthened;\n\t(c)\ta youth should not be withdrawn unnecessarily from the youth's family environment;\n\t(d)\tthere should be no unnecessary interruption of a youth's education or employment;\n\t(e)\ta youth's sense of racial, ethnic or cultural identity should not be impaired.\n\t(4)\tThis section does not apply to a court imposing sanctions on a youth who is being dealt with as an adult, whether because the youth's conduct is part of a pattern of repeated offending or for some other reason, including, for example, the gravity of the offending (and the laws applying in relation to the sentencing of an adult apply to such a youth).\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nChief Executive means the Chief Executive of the Department;\nCommonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;\ncommunity youth justice officer has the same meaning as in the Youth Justice Administration Act;\nCourt or Youth Court means the Youth Court of South Australia;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016;\ndesignated member means the member of the Training Centre Review Board designated by the Attorney‑General in accordance with subsection (3) and includes any member designated by the Attorney‑General in accordance with that subsection to act in the absence of that designated member;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nDPP means the Director of Public Prosecutions;\nfamily conference—see Part 2 Division 3;\nguardian, in relation to a youth, means a parent of the youth or a person (other than the Minister) who is the guardian of the youth or has the immediate custody and control of the youth;\nhome detention officer means an employee of the Department assigned to the position of a home detention officer or authorised by the Minister (individually or by class) to exercise the powers of a home detention officer under this Act;\nhomicide means murder or manslaughter;\nimmediate family of a victim means—\n\t(a)\ta spouse or domestic partner;\n\t(b)\ta parent;\n\t(c)\ta grandparent;\n\t(d)\ta child (including an adult child);\n\t(e)\ta grandchild (including an adult grandchild);\n\t(f)\ta brother or sister;\ninjury means physical or mental injury, and includes pregnancy, mental shock and nervous shock;\nloss or damage includes costs and expenses, but does not include injury;\nMinister means the Minister to whom the administration of this Act is committed by the Governor or the Minister on whom, or to whom, the relevant Ministerial power or function is conferred or assigned under the Administration of Acts Act 1910;\nminor offence means an offence to which this Act applies that should, in the opinion of the police officer in charge of the investigation of the offence, be dealt with as a minor offence because of—\n\t(a)\tthe limited extent of the harm caused through the commission of the offence; and\n\t(b)\tthe character and antecedents of the alleged offender; and\n\t(c)\tthe improbability of the youth re-offending; and\n\t(d)\twhere relevant—the attitude of the youth's parents or guardians;\noffence to which this Act applies means any offence alleged to have been committed by a youth except an offence excluded by regulation;\nrecidivist young offender means a youth who is a recidivist young offender under Part 3 Division 4 of the Sentencing Act 2017;\nregistered victim includes a member of a victim's immediate family whose name is entered in the Victims Register;\nRegistrar means the Registrar of the Court;\nserious firearm offender means a youth who is, pursuant to Part 3 Division 3 of the Sentencing Act 2017, a serious firearm offender;\nspouse—a person is the spouse of another if they are legally married;\nterrorism intelligence authority means a terrorism intelligence authority designated by regulations under section 74B of the Police Act 1998;\nterrorism notification means a terrorism notification under section 74B of the Police Act 1998;\nterrorist offence means—\n\t(a)\tan offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or\n\t(b)\ta terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or\n\t(c)\tan offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or\n\t(d)\tan offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or\n\t(e)\tan offence of a kind prescribed by the regulations for the purposes of this definition;\nterror suspect—see subsection (4);\ntraining centre means a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act;\nTraining Centre Review Board means the Training Centre Review Board established under Part 5;\nvictim of an offence means a person who suffers injury as a result of the offence;\nVictims Register—see section 5A;\nworking day means a day other than a Saturday, Sunday or public holiday;\nyouth means a person of or above the age of 10 years but under the age of 18 years and, in relation to proceedings for an offence or detention in a training centre, includes a person who was under the age of 18 years on the date of the alleged offence;\nYouth Justice Administration Act means the Youth Justice Administration Act 2016;\nYouth Justice Co-ordinator—see Part 2 Division 3;\nYouth Parole Board means the Training Centre Review Board as constituted from time to time under Part 5 Division 3 to review the progress and circumstances of a recidivist young offender, or hear and determine any other matter relating to a recidivist young offender assigned to the Board under this Act.\n\t(2)\tA reference in this Act to an officer of the Department includes a reference to—\n\t(a)\ta person who, immediately before the commencement of this subsection, held an appointment made by the Governor as an officer of the Department; or\n\t(b)\ta person who, after the commencement of this subsection, is designated by the Minister as an officer of the Department under section 4A.\n\t(2a)\tA reference in this Act to a person who has suffered loss or damage includes a reference to a body that has suffered loss or damage.\n\t(3)\tThe Attorney‑General may, from time to time, by written instrument—\n\t(a)\tdesignate a member of the Training Centre Review Board who is a member of the Court's judiciary as the designated member for the purposes of sections 41BA and 43; and\n\t(b)\tdesignate another member of the Training Centre Review Board who is a member of the Court's judiciary to act for the purposes of those sections in the absence of the designated member,\nand in any proceedings, a certificate purporting to be executed by the Attorney‑General certifying as to a matter relating to a designation under this subsection may be admitted in evidence and is proof, in the absence of proof to the contrary, of the matter so certified.\n\t(4)\tA youth is a terror suspect for the purposes of this Act if the youth—\n\t(a)\tis, or has previously been, charged with a terrorist offence; or\n\t(b)\thas ever been convicted of a terrorist offence; or\n\t(c)\tis the subject of a terrorism notification; or\n\t(d)\tis, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code.\n\t(5)\tFor the purposes of subsection (4)(a), a youth is only taken to have been charged with an offence if an information or other initiating process charging the youth with the offence has been filed in a court.\n4A—Designation as officers of Department for certain purposes\n\t(1)\tThe Minister may, by written notice, designate a person to whom this section applies as a person who is to be taken to be an officer of the Department for the purposes of this Act, the Youth Court Act 1993 and any other prescribed Act.\n\t(2)\tThe Minister may, by written notice, revoke—\n\t(a)\tthe appointment of an officer of the Department made by the Governor before the commencement of this section; or\n\t(b)\ta designation made under subsection (1).\n\t(3)\tThis section applies to a person if—\n\t(a)\tthe person is engaged by another person (the contractor) to carry out certain work in the course of and for the purposes of the contractor's business; and\n\t(b)\tthe contractor is engaged, in the course of and for the purposes of a business, by the Minister under a contract, arrangement or understanding for the purposes of this Act or another Act; and\n\t(c)\tthe Minister is satisfied that the person is a suitable person to be designated as an officer of the Department.\n\t(4)\tSection 74 of the Public Sector Act 2009 does not apply to a person designated under subsection (1).\n5—Age of criminal responsibility\nA person under the age of 10 years cannot commit an offence.\n5A—Victims Register\n\t(1)\tThe Chief Executive must keep a Victims Register for the purposes of this Act.\n\t(2)\tThe victim of an offence for which a youth is sentenced to detention or imprisonment or, if the victim is dead or under an incapacity or in prescribed circumstances, a member of the victim's immediate family, may apply in writing to the Chief Executive to have the following information entered in the Victims Register:\n\t(a)\tthe applicant's name;\n\t(b)\tthe applicant's contact address and (if supplied) telephone number or the name, contact address and (if supplied) telephone number of a person nominated by the applicant to receive information under this Act on his or her behalf;\n\t(c)\tany information (including the name of the youth) in the applicant's possession that may assist the Chief Executive to identify the youth.\n\t(3)\tThe Chief Executive is entitled to assume the accuracy of information supplied under subsection (2) without further inquiry.\n\t(4)\tThe Victims Register must also contain any other information prescribed by the regulations.\n\t(5)\tThe Chief Executive must, when requested to do so by the Training Centre Review Board, provide the Board with information derived from the Victims Register.\n\t(6)\tIf the Victims Register includes particulars of a person nominated by a registered victim to receive information under this Act on his or her behalf, any information or notification required or authorised by this Act to be given to the registered victim must, instead, be given to the person so nominated (and where such information or notification is to be given at the request of the registered victim, the person so nominated is entitled to make such a request as if he or she were the registered victim).\n\t(7)\tA person must not divulge information derived from the Victims Register, being information obtained (whether by the person or some other person) in the administration or enforcement of this Act, except—\n\t(a)\tas required or authorised by this Act or any other Act or law; or\n\t(b)\tas reasonably required in connection with the administration or enforcement of this Act or any other prescribed Act; or\n\t(c)\tfor the purposes of legal proceedings arising out of the administration or enforcement of this Act; or\n\t(d)\twith the consent of the registered victim to whom the information relates.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Minor offences","content":"Part 2—Minor offences\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"General powers","content":"Division 1—General powers\n6—Informal cautions\n\t(1)\tIf a youth admits the commission of a minor offence, and a police officer is of the opinion that the matter does not warrant any formal action under this Act, the officer may informally caution the youth against further offending and proceed no further against the youth.\n\t(2)\tIf a youth is informally cautioned under this section, no further proceedings may be taken against the youth for the offence in relation to which the youth was cautioned.\n\t(3)\tA record (whether made before or after the commencement of this subsection) of an informal caution given to a youth does not constitute a criminal record of the youth and may not be referred to—\n\t(a)\tfor the purposes of a criminal record check; or\n\t(b)\twithout the youth's consent—in any judicial proceedings.\n\t(4)\tA record of an informal caution made and kept before the commencement of this subsection will be taken to have been legally made and kept.\n7—More formal proceedings\n\t(1)\tIf a youth admits the commission of a minor offence, a police officer may deal with the matter as follows:\n\t(a)\tthe officer may deal with the matter under Division 2; or\n\t(b)\tthe officer may notify a Youth Justice Co-ordinator of the admission so that a family conference may be convened to deal with the matter; or\n\t(c)\tthe officer may lay a charge for the offence before the Court.\n\t(2)\tBefore the police officer proceeds to deal with an offence under Division 2, or notifies a Youth Justice Co-ordinator of the admission so that a family conference may be convened—\n\t(a)\tthe officer should explain to the youth—\n\t(i)\tthe nature of the offence and of the circumstances out of which it is alleged to arise; and\n\t(ii)\tthat the youth is entitled to obtain legal advice; and\n\t(iii)\tthat the youth is entitled (irrespective of whether he or she exercises the right to obtain legal advice) to require that the matter be dealt with by the Court; and\n\t(b)\tif the youth does not require the matter to be dealt with by the Court, the officer should put the admission into written form and, if possible, get the youth to sign the admission.\n\t(3)\tAn explanation given to a youth or the signing of an admission by a youth under subsection (2) should take place, if practicable, in the presence of—\n\t(a)\ta guardian of the youth; or\n\t(b)\tif a guardian is not available—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth.\n\t(4)\tA charge may only be laid—\n\t(a)\tif the youth requires the matter to be dealt with by the Court; or\n\t(b)\tif, in the opinion of the police officer, the matter cannot be adequately dealt with by the officer or a family conference because of the youth's repeated offending or some other circumstance of aggravation.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Sanctions that may be imposed by police officer","content":"Division 2—Sanctions that may be imposed by police officer\n8—Powers of police officer\n\t(1)\tIf a police officer decides to deal with a minor offence under this Division, the officer may administer a formal caution against further offending and exercise any one or more of the following powers:\n\t(a)\tthe officer may require the youth to enter into an undertaking to pay compensation to the victim of the offence;\n\t(ab)\tthe officer may require the youth to enter into an undertaking to pay compensation to a person who has suffered loss or damage as a result of the offence;\n\t(b)\tthe officer may require the youth to enter into an undertaking to carry out a specified period (not exceeding 75 hours) of community service;\n\t(c)\tthe officer may require the youth to enter into an undertaking to apologise to the victim of the offence;\n\t(d)\tthe officer may require the youth to enter into an undertaking to apologise to a person who has suffered loss or damage as a result of the offence;\n\t(e)\tthe officer may require the youth to do anything else that may be appropriate in the circumstances of the case.\n\t(2)\tIf a formal caution is to be administered—\n\t(a)\tthe police officer must explain to the youth the nature of the caution and the fact that evidence of the caution may, if the youth is subsequently dealt with for an offence, be treated as evidence of commission of the offence in respect of which the caution is administered; and\n\t(b)\tthe caution must, if practicable, be administered in the presence of—\n\t(i)\ta guardian of the youth; or\n\t(ii)\tif a guardian is not available—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth; and\n\t(c)\tthe caution must be put in writing and acknowledged in writing by the youth.\n\t(3)\tBefore requiring a youth to enter an undertaking under this section, the police officer must take all reasonable steps to give the guardians of the youth an opportunity to make representations with respect to the matter.\n\t(4)\tIn exercising powers under this section, the police officer must—\n\t(a)\thave regard to sentences imposed for comparable offences by the Court; and\n\t(b)\thave regard to any guidelines on the subject issued by the Commissioner of Police.\n\t(5)\tIf a youth enters into an undertaking under this section to apologise to the victim of the offence, the apology must be made in the presence of an adult person approved by a police officer.\n\t(5a)\tIf a youth enters into an undertaking under this section to apologise to a person who has suffered loss or damage as a result of the offence, the apology must be made in the presence of an adult person approved by a police officer.\n\t(6)\tIf a youth enters into an undertaking under this section—\n\t(a)\tthe undertaking must be signed by the youth, a representative of the Commissioner of Police, and, if practicable, by the youth's parents or guardians; and\n\t(b)\tthe undertaking will have a maximum duration of three months.\n\t(7)\tIf a youth does not comply with a requirement of a police officer under this section, or an undertaking under this section, the officer or some other police officer may—\n\t(a)\trefer the matter to a Youth Justice Co-ordinator so that a family conference may be convened to deal with the offence; or\n\t(b)\tif the youth requires the matter to be dealt with by the Court—lay a charge for the offence before the Court.\n\t(8)\tIf—\n\t(a)\ta youth is cautioned, and no further requirements are made of the youth, under this section; or\n\t(b)\tall requirements made of the youth under this section (including obligations arising under an undertaking) are complied with,\nthe youth is not liable to be prosecuted for the offence.\n\t(9)\tIf a police officer deals with an offence under this Division (other than an offence described in subsection (10)), the officer must—\n\t(a)\task the victim of the offence whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and\n\t(b)\tif the victim indicates that he or she does wish to have that information—give the victim that information.\n\t(10)\tIf a police officer deals with an offence (as a result of which a person has suffered loss or damage) under this Division, the officer must—\n\t(a)\task the person whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and\n\t(b)\tif the person indicates that he or she does wish to have that information—give the person that information.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Family conference","content":"Division 3—Family conference\n9—Youth Justice Co-ordinators\n\t(1)\tThe following are to be Youth Justice Co-ordinators:\n\t(a)\tthe magistrates who are members of the Youth Court's principal or ancillary judiciary; and\n\t(b)\tthe persons who are appointed as Youth Justice Co-ordinators.\n\t(1a)\tYouth Justice Co-ordinators (who are not magistrates) will be appointed under the Courts Administration Act 1993.\n\t(2)\tA person appointed as a Youth Justice Co-ordinator will be appointed for a term not exceeding three years specified in the instrument of appointment and is, on the expiration of a term of appointment, eligible for re-appointment.\n\t(3)\tA person cannot be appointed as a Youth Justice Co-ordinator unless the Judge of the Court has been consulted in relation to the proposed appointment.\n\t(4)\tA person appointed as a Youth Justice Co-ordinator is responsible to the Judge of the Court (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties.\n10—Convening of family conference\n\t(1)\tWhen a police officer notifies a Youth Justice Co-ordinator of an offence so that a family conference may be convened to deal with the matter, the officer must supply the Youth Justice Co-ordinator with the names and addresses of—\n\t(a)\tthe guardians of the youth; and\n\t(b)\tany relatives of the youth who may, in the opinion of the officer, be able to participate usefully in the family conference; and\n\t(c)\tany other person who has had a close association with the youth and may, in the opinion of the authorised officer, be able to participate usefully in the family conference; and\n\t(d)\tthe victim of the offence and, if the victim is a youth, the guardians of the victim; and\n\t(e)\ta person who has suffered loss or damage as a result of the offence, and if that person is a youth, the person's guardians.\n\t(2)\tThe Youth Justice Co-ordinator—\n\t(a)\twill fix a time and place for the family conference; and\n\t(b)\twill issue a notice requiring the youth to attend at that time and place; and\n\t(c)\twill invite the persons referred to in subsection (1) and, in the case of a youth referred to in subsection (1)(d) or (e), will invite them to bring along a person of their choice to provide assistance and support; and\n\t(d)\twill invite other persons, whom the Youth Justice Co-ordinator, after consultation with the youth and members of the youth's family, thinks appropriate to attend the conference at that time and place.\n11—Family conference, how constituted\n\t(1)\tA family conference consists of—\n\t(a)\ta Youth Justice Co-ordinator (who will chair the conference); and\n\t(b)\tthe youth; and\n\t(c)\tsuch of the persons invited to attend the conference as attend in response to that invitation; and\n\t(d)\ta representative of the Commissioner of Police.\n\t(2)\tA family conference should act if possible by consensus of the youth and such of the persons invited to attend the conference as attend in response to that invitation.\n\t(3)\tA decision by a family conference is not however to be regarded as validly made unless the youth and the representative of the Commissioner of Police concur in the decision.\n\t(4)\tA youth is entitled to be advised by a legal practitioner at a family conference.\n\t(5)\tIf a family conference fails to reach a decision, the Youth Justice Co-ordinator must refer the matter to the Court and the Court may decide any question, and exercise any power, that could have been decided or exercised by the family conference.\n12—Powers of family conference\n\t(1)\tA family conference has the following powers:\n\t(a)\tthe conference may administer a formal caution against further offending;\n\t(b)\tthe conference may require the youth to enter into an undertaking to pay compensation to the victim of the offence;\n\t(ba)\tthe conference may require the youth to enter into an undertaking to pay compensation to a person who has suffered loss or damage as a result of the offence;\n\t(c)\tthe conference may require the youth to enter into an undertaking to carry out a specified period (not exceeding 300 hours) of community service;\n\t(d)\tthe conference may require the youth to enter into an undertaking to apologise to the victim of the offence;\n\t(e)\tthe conference may require the youth to enter into an undertaking to apologise to a person who has suffered loss or damage as a result of the offence;\n\t(f)\tthe conference may require the youth to do anything else that may be appropriate in the circumstances of the case.\n\t(2)\tIn exercising powers under this section, the family conference must have regard to sentences imposed for comparable offences by the Court.\n\t(3)\tIf a formal caution is administered, the caution must be put in writing and acknowledged in writing by the youth.\n\t(4)\tAn undertaking will have a maximum duration of 12 months.\n\t(5)\tIf a youth enters into an undertaking to pay compensation, a copy of the undertaking must be filed with the Registrar and payments of compensation must be made to the Registrar who will disburse the compensation to the victims or persons who have suffered loss or damage named in the undertaking.\n\t(6)\tIf a youth enters into an undertaking to carry out community service, a copy of the undertaking must be filed with the Registrar.\n\t(7)\tIf a youth enters into an undertaking under this section to apologise to the victim of the offence or the person suffering loss or damage, the apology must be made in the presence of an adult person approved by the family conference or a Youth Justice Co-ordinator.\n\t(8)\tIf a youth—\n\t(a)\tfails to attend at the time appointed for a family conference; or\n\t(b)\tdoes not comply with a requirement of the family conference; or\n\t(c)\tdoes not comply with an undertaking under this section,\na police officer may lay a charge before the Court for the offence in relation to which the conference was convened.\n\t(9)\tA charge may be laid under subsection (8) even though a period of limitation relating to the commencement of proceeding for the relevant offence has expired, but the charge must be laid not more than 12 months after the expiration of that period of limitation.\n\t(10)\tIf—\n\t(a)\ta youth is cautioned, and no further requirements are made of the youth, under this section; or\n\t(b)\tall requirements made of the youth under this section (including obligations arising from an undertaking given by the youth) are complied with,\nthe youth is not liable to be prosecuted for the offence.\n\t(11)\tIf a family conference deals with an offence under this Division (other than an offence described in subsection (12)), the Youth Justice Co‑ordinator must—\n\t(a)\task the victim of the offence whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and\n\t(b)\tif the victim indicates that he or she does wish to have that information—give the victim that information.\n\t(12)\tIf a family conference deals with an offence (as a result of which a person has suffered loss or damage) under this Division, the Youth Justice Co-ordinator must—\n\t(a)\task the person whether they wish to be informed of the identity of the offender and how the offence has been dealt with; and\n\t(b)\tif the person indicates that they do wish to have that information—give that information accordingly.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Limitation on publicity","content":"Division 4—Limitation on publicity\n13—Limitation on publicity\n\t(1)\tA person must not publish, by radio, television, newspaper or in any other way, a report of any action or proceeding taken against a youth by a police officer or family conference under this Part if the report—\n\t(a)\tidentifies the youth or contains information tending to identify the youth; or\n\t(b)\treveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of any youth who is in any way concerned in the action or proceeding; or\n\t(c)\tidentifies the victim, a person who has suffered loss or damage or any other person involved in the action or proceeding (other than a person involved in an official capacity) without the consent of that person.\n\t(1a)\tHowever, a person who proposes to make a documentary or undertake an educational or research project about juvenile justice matters may, in accordance with rules of court, apply to the Youth Court for permission to publish, for the purposes of the documentary or project, a report identifying a youth that would otherwise be suppressed from publication under this section.\n\t(1b)\tAn application under subsection (1a) must be endorsed with the written consent of the youth and a guardian of the youth (the consenting guardian) to publication of the report.\n\t(1c)\tSubject to subsection (1d), the Court must give the following persons reasonable notice of the time and place of the hearing of the application:\n\t(a)\tthe applicant; and\n\t(b)\tthe youth; and\n\t(c)\tthe guardians of the youth; and\n\t(d)\tsuch other persons as the Court believes have a proper interest in the matter.\n\t(1d)\tThe Court is not obliged to give notice of the hearing to a person whose whereabouts cannot, after reasonable enquiries, be ascertained.\n\t(1e)\tIn determining an application under subsection (1a), the Court must regard the welfare of the youth as the paramount consideration and, to that end, must take into account—\n\t(a)\tthe impact on the youth of publication of the report; and\n\t(b)\tthe purpose to be served by publication of the report; and\n\t(c)\twhether publication of the report is necessary for the purpose of the documentary or project; and\n\t(d)\tconsiderations of public interest; and\n\t(e)\tany other matter that is, in the Court's view, relevant.\n\t(1f)\tOn completing the hearing of the application the Court may make any of the following orders:\n\t(a)\tan order permitting publication of the report as part of the documentary or project subject to—\n\t(i)\ta condition that the youth and the consenting guardian are to be given a reasonable opportunity to view the documentary or project after its completion but before its release to the public; and\n\t(ii)\ta condition that, if the documentary or project is so viewed, it must not be released to the public until at least 30 days after the viewing; and\n\t(iii)\tsuch other conditions (if any) as the Court thinks fit; or\n\t(b)\tan order refusing the application; or\n\t(c)\tany ancillary order it thinks fit (including an order as to costs).\n\t(1g)\tThe youth or consenting guardian may, at any time before the release to the public of a documentary or project the subject of an order under subsection (1f)(a), apply to the Court for revocation or variation of the order on the ground that the report included or to be included in the documentary or project of the proceedings under this Part—\n\t(a)\tis not a fair report of the proceedings; or\n\t(b)\tincludes material not in the contemplation of the Court at the time the order was made,\nand that the release to the public of the documentary or project while it contains that report would prejudice the welfare of the youth.\n\t(1h)\tIf an application for revocation or variation is made under subsection (1g), the documentary or project must not, while it contains the report to which the application relates, be released to the public until the application has been determined or withdrawn.\n\t(1i)\tThe Court must give the following persons reasonable notice of the time and place of the hearing of an application under subsection (1g):\n\t(a)\tthe youth; and\n\t(b)\tthe consenting guardian; and\n\t(c)\tthe person who was the applicant for the order sought to be revoked or varied.\n\t(1j)\tOn completing the hearing of an application under subsection (1g), the Court may make any of the following orders:\n\t(a)\tan order revoking the order the subject of the application; or\n\t(b)\tan order varying or revoking any condition of the order or imposing a new condition; or\n\t(c)\tan order refusing the application; or\n\t(d)\tany ancillary order it thinks fit (including an order as to costs).\n\t(2)\tA person employed or engaged in the administration of this Act must not divulge information about a youth against whom any action or proceeding has been taken under this Part except in the course of his or her official functions or where the information is given to a person for the purposes of a publication the subject of an order under subsection (1f)(a).\n\t(3)\tA person who contravenes this section or a condition of publication imposed under subsection (1f) or (1j) is guilty of an offence.\nMaximum penalty: $10 000.\n\t(4)\tThis section does not prevent the disclosure of information under any other provision of this Act.\n\t(5)\tFor the purposes of this section, a documentary or project is released to the public when it is released for viewing by persons other than those involved in the making or undertaking of it.\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Arrest and custody of suspected offenders","content":"Part 3—Arrest and custody of suspected offenders\n14—Application of general law\n\t(1)\tThe law of the State relating to criminal investigation, arrest, bail, remand and custody before proceedings for an offence are finally determined applies, subject to this Act, to youths with necessary adaptations and any further adaptations and modifications that may be set out in the regulations.\n\t(2)\tIf a youth is arrested on suspicion of having committed an offence, and the youth is to be dealt with under this Act for the offence, the officer responsible for the arrest and custody of the youth must, as soon as practicable after the arrest—\n\t(a)\texplain to the youth the nature of the allegations against him or her; and\n\t(b)\tinform the youth of his or her right to seek legal representation; and\n\t(c)\ttake all reasonable steps to inform—\n\t(i)\tthe guardian of the youth;\n\t(ii)\tif a guardian is not available—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth,\nof the arrest and invite him or her to be present during any interrogation or investigation to which the youth is subjected while in custody.\n15—How youth is to be dealt with if not granted bail\n\t(1)\tSubject to this section, if a youth is not granted bail under the Bail Act 1985, the youth must be detained by the Chief Executive with a person (where practicable), or in a place (other than a prison), approved by the Minister.\n\t(1a)\tSubsection (1) does not apply in relation to—\n\t(a)\ta youth who is already, or has previously been, in custody in a prison; or\n\t(b)\ta person who, at the time bail is not granted, is aged 21 years or more (regardless of the alleged age of the person at the time of the relevant alleged offence).\n\t(2)\tIf a youth is arrested outside an area specified in the regulations and it is not reasonably practicable to detain the youth as provided by subsection (1), the youth may be detained—\n\t(a)\tin a police prison; or\n\t(b)\tin a police station, watch-house or lock-up approved by the Minister.\n\t(3)\tIf a youth is detained in a police prison, police station, watch-house or lock-up in accordance with subsection (2), the person for the time being in charge of the police prison, police station, watch-house or lock-up must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult person detained in that place.\n","sortOrder":6},{"sectionNumber":"Part 4","sectionType":"part","heading":"Court proceedings against a youth","content":"Part 4—Court proceedings against a youth\nDivision A1—Interpretation\n15A—Interpretation\nFor the purposes of this Part, the following matters must be taken into consideration by the DPP or the Magistrates Court (as the case requires) in deciding whether a youth poses an appreciable risk to the safety of the community:\n\t(a)\tthe gravity of the offence with which the youth is to be charged;\n\t(b)\tif the offence to be charged is part of a pattern of repeated offending by the youth—that fact and the circumstances surrounding the alleged offence;\n\t(ba)\tif the youth is a serious firearm offender;\n\t(c)\tthe degree to which the youth has previously complied—\n\t(i)\twith any undertaking entered into by, or requirement or obligation imposed on, the youth under this Act; or\n\t(ii)\twith any bail agreement under the Bail Act 1985;\n\t(d)\tif the youth has previously been detained under this Act—\n\t(i)\tthe behaviour of the youth while so detained; and\n\t(ii)\tany rehabilitation of the youth while so detained;\n\t(e)\tif the youth has previously been released on licence under this Act—the degree to which the youth complied with any condition specified in the licence;\n\t(f)\tany other matter that the DPP or the Magistrates Court (as the case may be) thinks fit in the circumstances.\nDivision 1—The charge\n16—Where charge is to be laid\n\t(1)\tSubject to this section, if a youth is to be charged with an offence to which this Act applies, the charge must be laid before the Court.\n\t(2)\tThe DPP may, instead of laying a charge of an offence against a youth before the Court, lay the charge before the Magistrates Court if—\n\t(a)\tthe youth is charged with a major indictable offence; and\n\t(b)\tthe DPP is of the opinion that the youth poses an appreciable risk to the safety of the community and should, therefore, be dealt with in the same way as an adult.\n17—Proceedings on charge laid before Youth Court\n\t(1)\tSubject to this Act, the Court will deal with a charge laid before the Court in the same way as the Magistrates Court deals with a charge of a summary offence and, in doing so, has the powers of the Magistrates Court.\n\t(2)\tThe Court may, even though a charge has been laid, refer the subject matter of the charge (after the youth's guilt has been established either by admission or by the Court's findings) to be dealt with by a police officer or by a family conference.\n\t(3)\tIf—\n\t(a)\tthe offence with which the youth is charged is a homicide, or an offence consisting of an attempt to commit, or assault with intent to commit homicide; or\n\t(b)\tthe offence with which the youth is charged is an indictable offence and the youth, after obtaining independent legal advice, asks to be dealt with in the same way as an adult; or\n\t(c)\tthe Court or the Supreme Court determines, on the application of the DPP or a police prosecutor, that the youth should be dealt with in the same way as an adult because of the gravity of the offence, or because the offence is part of a pattern of repeated offending,\nthe Court will conduct committal proceedings in relation to the charge, and may commit the youth for trial or sentence (as the case requires) to the Supreme Court or the District Court.\n17A—Proceedings on charge laid before Magistrates Court\n\t(1)\tSubject to this section, Part 5 of the Summary Procedure Act 1921 applies to the procedure to be followed in relation to a charge of an offence that has, under this Division, been laid against a youth before the Magistrates Court.\n\t(2)\tAt the conclusion of the committal proceedings, the Magistrates Court may—\n\t(a)\tif of the opinion that the youth poses an appreciable risk to the safety of the community—commit the youth for trial or sentence (as the case requires) to the Supreme Court or the District Court;\n\t(b)\tin any other case—commit the youth for trial or sentence (as the case requires) to the Court.\nDivision 2—Procedure on committal proceedings and trial in Youth Court\n18—Procedure on trial of offences\nThe procedure to be followed by and the powers of the Court on the trial of an offence are, subject to this Act, to be the same as for the trial of a summary offence in the Magistrates Court.\n19—Committal for trial\nIf committal proceedings are to be conducted by the Court, the procedure to be followed by and the powers of the Court are, subject to this Act, the same as for committal proceedings in the Magistrates Court.\n19A—Proceedings for child sexual offences\n\t(1)\tIf committal proceedings take place in the Court for a charge of a child sexual offence—\n\t(a)\tan audio visual record of the evidence of the alleged victim may be admitted in the proceedings if the recording—\n\t(i)\tis of evidence given by the alleged victim in earlier criminal proceedings; or\n\t(ii)\thas been made pursuant to Part 17 Division 3 of the Summary Offences Act 1953 and—\n\t(A)\tthe Court is satisfied as to the alleged victim's capacity to give sworn or unsworn evidence at the time the recording was made; and\n\t(B)\tthe Court is satisfied that the defendant has been given a reasonable opportunity to view the recording; and\n\t(b)\tdespite any other Act or law, the alleged victim cannot be required to give oral evidence for the purposes of the committal proceedings except evidence in the form of such an audio visual record.\n\t(2)\tIn this section—\nchild sexual offence means a sexual offence committed in relation to a person under the age of 18 years;\nsexual offence has the same meaning as in the Evidence Act 1929.\n20—Change of plea\nEven though a plea of guilty to a charge has been entered, the Court may direct at any stage of proceedings before their final determination that the plea be withdrawn and a plea of not guilty entered.\n21—Recording of convictions\nIf the Court finds a youth guilty of a major indictable offence, the Court should record a conviction for the offence unless there are in the opinion of the Court special reasons for not doing so, and a formal record of those is made in the Court's reasons for judgment.\nDivision 3—Sentence\n22—Power to sentence\n\t(1)\tSubject to this Division, the Court has the same powers to sentence a youth for an offence—\n\t(a)\tif the offence is a summary offence—as the Magistrates Court; or\n\t(b)\tif the offence is an indictable offence—as the District Court.\n\t(2)\tAny powers conferred on a Minister of the Crown by the Sentencing Act 2017 are exercisable, in relation to a youth or a sentence imposed on a youth, by a Minister assigned by the Governor to exercise such powers in relation to youths.\n23—Limitation on power to impose custodial sentence\n\t(1)\tSubject to subsection (6), the Court cannot sentence a youth to imprisonment.\n\t(2)\tIf an offence of which a youth is convicted, or found guilty, is punishable by imprisonment where committed by an adult, the Court may sentence the youth to—\n\t(a)\tdetention in a training centre for a period not exceeding three years; or\n\t(b)\thome detention for a period not exceeding 12 months, or for periods not exceeding 12 months in aggregate over 2 years or less; or\n\t(c)\tdetention in a training centre for a period not exceeding 2 years to be followed by home detention for a period not exceeding 12 months.\n\t(3)\tIf, however, the maximum term of imprisonment prescribed for the offence is less than three years, the period of detention to which the youth is sentenced cannot exceed that maximum.\n\t(4)\tA sentence of detention must not be imposed for an offence unless—\n\t(a)\tthe offender is a recidivist young offender or a serious firearm offender; or\n\t(b)\tin any other case—the Court is satisfied that a sentence of a non‑custodial nature would be inadequate—\n\t(i)\tbecause of the gravity or circumstances of the offence; or\n\t(ii)\tbecause the offence is part of a pattern of repeated offending.\n\t(5)\tA sentence of home detention—\n\t(a)\tmust not be imposed unless the Court is satisfied that the residence the Court proposes to specify in its order is suitable and available for the detention of the youth and that the youth will be properly maintained and cared for while detained in that place; and\n\t(b)\tshould not be imposed if the Court is not satisfied that adequate resources exist for the proper monitoring of the youth while on home detention by a home detention officer.\n\t(6)\tIf the Court sentences a youth to detention in respect of an offence and does not suspend the sentence, the following provisions apply:\n\t(a)\twhere the youth is already in custody in a prison, the youth will serve the detention, or such part of it as the Court may direct, in a prison;\n\t(b)\twhere the youth has previously served a sentence of imprisonment or detention in a prison, the Court must, unless satisfied that there are exceptional circumstances for not doing so, direct that the youth serve the detention in a prison;\n\t(c)\twhere the sentence of detention will extend past the youth's 21st birthday, the Court must, unless satisfied that there are exceptional circumstances for not doing so, direct that any period of the detention that is to be served by the youth after he or she reaches 21 years of age is to be served in a prison rather than in a training centre.\n\t(7)\tThe Correctional Services Act 1982 applies to and in relation to a youth serving detention in a prison under subsection (6).\n24—Limitation on power to impose fine\nThe Court may not impose a fine exceeding $2 500 for an offence.\n25—Limitation on power to require community service\n\t(1)\tThe Court may not require a youth to carry out community service if the aggregate requirement to which a youth is subject at any one time exceeds 500 hours.\n\t(2)\tThe period, to be stipulated by the Court, over which community service is to be performed may not exceed 18 months.\n26—Limitation on Court's power to require bond\n\t(1)\tThe Court may not, in the exercise of its power to sentence a youth for an offence, require the youth to enter into a bond.\n\t(2)\tThe Court may, however, by order of the Court, impose an obligation of the kind that might otherwise have been imposed under a bond.\n\t(3)\tThe obligations imposed under subsection (2) may, for example, include the following:\n\t(a)\tan obligation to submit to supervision as ordered by the Court;\n\t(b)\tan obligation to participate in a specified programme, or to attend a specified activity centre;\n\t(ba)\tan obligation to carry out specified work (whether for the benefit of a victim of the offence, a person who has suffered loss or damage or for any other person or body);\n\t(c)\tan obligation to reside where directed by the Court.\n\t(4)\tA person who fails to comply with an obligation imposed under this section is guilty of an offence.\nMaximum penalty: $2 500 or detention for 6 months (or both).\n\t(5)\tIf an order has been made under this section imposing an obligation that a person be supervised for a period that will extend past the person's 21st birthday, the Court may, on application by the person or the Chief Executive, direct that, after the person reaches 21 years of age, the person be supervised by a community corrections officer rather than by a community youth justice officer.\n\t(6)\tIn subsection (5)—\ncommunity corrections officer means a community corrections officer under the Correctional Services Act 1982.\n27—Court may require undertaking from guardians\nThe Court may release a youth on an undertaking on condition that the guardians of the youth enter into a supplementary undertaking with the Court—\n\t(a)\tto guarantee the youth's compliance with the conditions of the youth's undertaking; and\n\t(b)\tto take specified action to assist the youth's development and to guard against further offending by the youth; and\n\t(c)\tto report at intervals stated in the supplementary undertaking on the youth's progress.\n28—Power to disqualify from holding driver's licence\n\t(1)\tIf the Court is of the opinion that a youth who has been found guilty of an offence is not a fit and proper person to hold or obtain a licence to drive a motor vehicle, or that disqualification from holding such a licence is an appropriate penalty for the offence committed, the Court may make an order disqualifying the youth from holding or obtaining such a licence, except for such purposes (if any) as may be specified in the order, for a period of stated duration commencing from a specified time.\n\t(2)\tOn application by the youth, the Judge of the Court or a magistrate of the Court may, if satisfied that it is just or expedient to do so, vary or revoke any order for disqualification made under subsection (1).\n\t(3)\tA youth is not entitled to apply to the Magistrates Court for an order removing a disqualification pursuant to section 172 of the Road Traffic Act 1961 until after attaining the age of 18 years.\nDivision 4—Sentencing of youth by Supreme or District Court\n29—Sentencing of youth by Supreme or District Court\n\t(1)\tSubject to this Act, where a youth is committed to the Supreme Court or the District Court for trial, and is found guilty on trial in that court, or is committed to the Supreme Court or the District Court for sentence, that court, on sentencing the youth, may—\n\t(a)\tdeal with the youth as an adult; or\n\t(b)\tmake any order in relation to the youth that may be made by the Youth Court on sentencing a youth; or\n\t(c)\tremand the youth to the Youth Court for sentencing.\n\t(2)\tIf a youth is found guilty by the Supreme Court or the District Court of an offence that is a lesser offence than the one on which the youth was committed for trial, the court cannot deal with the youth for that offence as if he or she were an adult unless—\n\t(a)\tthe offence is an indictable (but not minor indictable) offence; and\n\t(b)\tthe court is satisfied that, because of the gravity of the offence or the youth's history of offending, the youth should be dealt with as if he or she were an adult.\n\t(3)\tIf a youth is committed for trial or sentence in the Supreme Court or the District Court at his or her own request, the court cannot deal with the youth for the offence as if he of she were an adult unless the court is satisfied that, because of the gravity of the offence or the youth's history of offending, the youth should be dealt with as if he or she were an adult.\n\t(4)\tA youth who is found guilty of murder—\n\t(a)\tmust be sentenced to imprisonment for life; and\n\t(b)\tmust be dealt with as an adult.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Miscellaneous","content":"Division 5—Miscellaneous\n30—Court to explain proceedings etc\n\t(1)\tA court before which criminal proceedings are brought against a youth must satisfy itself that the youth understands the nature of those proceedings.\n\t(2)\tIf the youth is not represented by counsel or solicitor, the court—\n\t(a)\tmust explain to the youth in simple language the elements of the offence charged, the nature of the allegations against the youth and the legal implications of those allegations; and\n\t(b)\tmust provide the youth with a written statement in the prescribed form of the youth's rights in respect of legal representation and of the way to proceed in order to obtain legal advice, representation or assistance.\n\t(3)\tIf a youth is sentenced to a fine or ordered to make any other payment of money, the court must give the youth a notice stating in simple language the amount the youth must pay and the time and place at which payment is to be, or may be, made.\n\t(4)\tNon-compliance with this section does not invalidate a judgment or order of the court.\n31—Prohibition of joint charges\nA youth cannot be charged jointly with an adult unless the charge is to be heard and determined by the Supreme Court or the District Court.\n32—Reports\n\t(1)\tThe Chief Executive must, at the request of a court by which a youth is to be sentenced, have a report prepared on the social background and personal circumstances of the youth.\n\t(2)\tSuch a report may not contain any recommendation about sentence.\n\t(3)\tSubject to subsection (5), no report relating to the social background or personal circumstances of a youth may be tendered to a court before the court has found an offence proved against the youth.\n\t(4)\tIf a youth is found not guilty by a court, any report relating to the social background or personal circumstances of the youth prepared for the purposes of the proceedings must be destroyed.\n\t(4a)\tDespite subsection (4), the destruction of a report relating to the social background or personal circumstances of a youth is not required where a court has recorded a finding under Part 8A of the Criminal Law Consolidation Act 1935 of conduct proved but not criminally responsible due to mental incompetence.\n\t(5)\tThis section does not prevent the court from receiving during the course of a hearing any psychiatric or medical evidence relating to the youth, insofar as that evidence is relevant to the guilt or innocence of the youth.\n\t(6)\tThe court in determining sentence must not take into account any matter given in evidence, or appearing in any report presented, to the court, if the matter is disputed by the youth, any guardian of the youth or the prosecutor, unless the court has decided that the matter has been proved beyond reasonable doubt.\n33—Reports to be made available to parties\n\t(1)\tIn criminal proceedings against a youth, a copy of every report received by the court must, subject to any contrary order of the court, be furnished to the youth, to any guardian of the youth who is present in court, and to the prosecutor.\n\t(2)\tThe court may order that a copy of a report, or part of a report, be not furnished to a particular person if of the opinion that its disclosure to that person may be prejudicial to the welfare of the youth.\n34—Attendance at court of guardian of youth charged with offence\n\t(1)\tWhere a youth is before a court in proceedings under this Part, the court may order a guardian or guardians to attend at the court until the proceedings are completed, unless sooner excused by the court.\n\t(2)\tWhen the court makes an order under subsection (1), it may adjourn the hearing of the case and have the order served on the guardian named in the order.\n\t(3)\tAny person who, having been served with an order under this section, fails to attend the court in compliance with the order is guilty of an offence.\nMaximum penalty: $750.\n35—Counsellors etc may make submissions to court\nIn proceedings for an offence against a youth, a court may, on the application of a person who has been counselling, advising or aiding the youth, or on the application of a guardian of the youth, hear submissions that the person or guardian wishes to make in relation to the youth.\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Custodial sentences","content":"Part 5—Custodial sentences\nDivision 1—Youth sentenced as adult\n36—Detention of youth sentenced as adult\n\t(1)\tSubject to any direction of the sentencing court to the contrary, a youth who has been dealt with as an adult and sentenced to imprisonment will serve that sentence in a training centre.\n\t(2)\tIf a youth is serving a sentence of imprisonment in a training centre, and the sentence of imprisonment will extend past the youth's 18th birthday, the following must occur before the youth reaches 18 years of age:\n\t(a)\ta report on the youth's progress in detention must be provided by the Chief Executive to the sentencing court;\n\t(b)\tthe sentencing court must review the detention and, having regard to the report and any other matter the court thinks fit, direct that the imprisonment in a training centre continue or the youth be transferred to a prison.\n\t(3)\tSubject to subsection (4), while a youth is serving a sentence of imprisonment in a training centre, this Act applies to the youth, to the exclusion of the Correctional Services Act 1982, as if the youth had been sentenced to detention in a training centre.\n\t(4)\tThe following provisions of the Correctional Services Act 1982 apply to and in relation to a youth who is serving a sentence of imprisonment in a training centre:\n\t(b)\tDivision 3 of Part 6 (release on parole) applies to a youth in respect of whom a non-parole period has been fixed, with the following modifications:\n\t(i)\ta reference to the Board will be taken to be a reference to the Training Centre Review Board;\n\t(ii)\ta reference to a prisoner will be taken to be a reference to a youth;\n\t(iii)\ta reference to a prison will be taken to be a reference to a training centre;\n\t(iv)\ta reference to a community corrections officer will be taken to be a reference to a community youth justice officer under the Youth Justice Administration Act;\n\t(v)\ta reference to the CE will be taken to be a reference to the Chief Executive.\n\t(5)\tIf a youth who is on parole attains the age of 18 years—\n\t(a)\tthe preceding provisions of this section cease to apply in relation to the youth; and\n\t(b)\tany reference in the parole conditions to the Training Centre Review Board will be taken to be a reference to the Parole Board; and\n\t(c)\tany reference in the parole conditions to an officer of the Department will be taken to be a reference to a community corrections officer.\n","sortOrder":9},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Detention or imprisonment in a prison","content":"Division 1A—Detention or imprisonment in a prison\n36A—Transfer following imposition of concurrent prison sentence\n\t(1)\tIf a youth who is serving a sentence of detention or imprisonment in a training centre (the youth sentence) is sentenced to imprisonment for an offence committed after turning 18 years of age and that sentence is to be served concurrently with the youth sentence, the sentencing court must, unless satisfied that there are exceptional circumstances as to why such a direction should not be made, direct that the youth be transferred to a prison to serve those sentences.\n\t(2)\tThe Correctional Services Act 1982 applies to and in relation to a youth transferred to a prison under this section.\n\t(3)\tFor the purposes of this section, a sentence of detention includes an order for detention issued for the enforcement of a community service order.\n","sortOrder":10},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Home detention","content":"Division 2A—Home detention\n37A—Conditions of home detention\n\t(1)\tA sentence of home detention imposed on a youth by a court is subject to the following conditions:\n\t(a)\tthe youth must remain at a residence specified by the court throughout the period of home detention and must not leave that residence at any time except for the following purposes:\n\t(i)\tremunerated employment; or\n\t(ii)\turgent medical or dental treatment for the youth; or\n\t(iii)\tattendance at a course of education, training or instruction or any other activity as required by the court or as approved or directed by the home detention officer to whom the youth is assigned; or\n\t(iv)\tany other purpose approved or directed by the home detention officer;\n\t(b)\tthe youth must be of good behaviour throughout the period;\n\t(c)\tthe youth must obey the lawful directions of the home detention officer throughout the period;\n\t(d)\tsuch other conditions as the Court may specify.\n\t(2)\tThe Court may vary or revoke a condition imposed under subsection (1)(d).\n\t(3)\tIn this section—\nresidence includes, if the youth is an Aboriginal person, any place specified by the Court as the person's residence.\n37B—Home detention officers\n\t(1)\tOn receiving a copy of an order for home detention, the Chief Executive must assign the youth to a home detention officer and may from time to time re-assign the youth to another home detention officer.\n\t(2)\tA home detention officer to whom a youth is assigned—\n\t(a)\tmay give reasonable written directions to the youth—\n\t(i)\trequiring the youth to take up, or not to give up, some particular course of education, training or instruction; or\n\t(ii)\trequiring the youth to take up, or not to give up, some particular employment; or\n\t(iii)\trequiring the youth to attend some particular counselling course; and\n\t(b)\tmay give the youth other written directions of a kind authorised by the Minister either generally or in relation to the particular youth.\n\t(3)\tAny home detention officer may at any time—\n\t(a)\tenter or telephone the residence of a youth serving a sentence of home detention; or\n\t(b)\ttelephone the youth's place of employment or any other place at which the youth is required or permitted to attend; or\n\t(c)\tquestion any person at that residence or place,\nfor the purposes of ascertaining whether or not the youth is complying with the conditions to which his or her home detention is subject.\n\t(4)\tA person must not—\n\t(a)\thinder a home detention officer in the exercise of powers under this section; or\n\t(b)\tfail to answer truthfully a question put to the person by a home detention officer pursuant to those powers.\nMaximum penalty: $2 500.\n37C—Variation or revocation of home detention order\n\t(1)\tThe Court may vary an order for home detention if satisfied that the residence specified in the order is no longer suitable for detention of the youth and that there is some other suitable residence available for his or her detention.\n\t(2)\tIf the Court is satisfied that—\n\t(a)\ta youth serving a sentence of home detention has breached a condition to which the home detention was subject; or\n\t(b)\tthe residence specified in the order is no longer suitable for the youth and no other suitable residence is available for his or her detention,\nthe Court may revoke the order for home detention.\n\t(3)\tA youth is not in breach of the condition requiring the youth to remain at his or her residence if he or she leaves the residence for the purpose of averting or minimising a serious threat of risk or injury (to the youth or some other person).\n\t(4)\tIf the Court revokes an order for home detention it may impose some other sentence on the youth and, in doing so, must take into account the period served by the youth under the order.\n\t(5)\tIf an order for home detention is revoked on the ground of breach of condition, the Court may sentence the youth to detention for a term not exceeding the balance of the period of home detention unexpired as at the date on which the breach occurred, but a sentence of detention may not be imposed in the case of revocation on any other ground.\n\t(6)\tThe Court may, if it thinks it is necessary to do so, issue a warrant for the apprehension and detention of a youth pending determination of proceedings under this section.\n37D—General provisions\n\t(1)\tA youth is, on breaching the condition requiring the youth to remain at his or her residence, unlawfully at large.\n\t(2)\tThe Crown is not liable to maintain a youth who is serving a sentence of home detention.\nDivision 3—Release from detention\n","sortOrder":11},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Training Centre Review Board","content":"Subdivision 1—Training Centre Review Board\n38—Establishment of Training Centre Review Board\n\t(1)\tThe Training Centre Review Board is established.\n\t(2)\tThe Training Centre Review Board consists of the following members:\n\t(a)\tthe Judge of the Court and the magistrates who are members of the principal judiciary of the Youth Court; and\n\t(b)\t2 persons with appropriate skills and experience in working with young people, appointed by the Governor on the recommendation of the Attorney‑General; and\n\t(c)\t2 persons with appropriate skills and experience in working with young people, appointed by the Governor on the recommendation of the Minister; and\n\t(ca)\t2 persons with appropriate skills and experience in matters related to the impact of crime on victims and the needs of victims of crime in relation to the criminal justice system, appointed by the Governor on the recommendation of the Attorney‑General; and\n\t(d)\t2 persons (who must be police officers or former police officers) with appropriate skills and experience, appointed by the Governor on the recommendation of the Minister responsible for the administration of the Police Act 1998; and\n\t(e)\t2 Aboriginal persons with appropriate skills and experience, appointed by the Governor on the nomination of the Minister responsible for the administration of the Aboriginal Heritage Act 1988.\n\t(3)\tAt least 1 of the persons appointed under subsection (2)(b), (c) and (e) must be a woman and at least 1 such person must be a man.\n\t(4)\tAn appointed member of the Training Centre Review Board holds office for such term, and on such conditions, as the Governor determines and specifies in the instrument of appointment and, on the expiration of a term of office, is eligible for reappointment.\n\t(5)\tThe Governor may appoint a suitable person to be a deputy of an appointed member of the Training Centre Review Board and such a person may act as a member of the Training Centre Review Board in the absence of that member.\n\t(6)\tA member of the Training Centre Review Board is entitled to receive such allowances and expenses as the Governor may from time to time determine.\n\t(7)\tThe Governor may remove an appointed member of the Training Centre Review Board from office on the grounds of—\n\t(a)\tmental or physical incapacity; or\n\t(b)\tdishonourable conduct; or\n\t(c)\tneglect of duty.\n\t(8)\tThe office of an appointed member of the Training Centre Review Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office; or\n\t(c)\tresigns by notice in writing given to the Attorney-General; or\n\t(d)\tis removed from office by the Governor under subsection (7).\n39—Reviews etc and proceedings of Training Centre Review Board\n\t(1)\tThe Training Centre Review Board has the following functions in respect of a youth who has been sentenced to detention in a training centre:\n\t(a)\tto conduct a review of the progress and circumstances of the youth while in the training centre—\n\t(i)\tat intervals of not more than 6 months; and\n\t(ii)\tat any other time on the request of the Chief Executive;\n\t(b)\tto hear and determine any other matter relating to the youth assigned to the Board under this Act.\n\t(2)\tThe following provisions apply in proceedings before the Training Centre Review Board under this Act in respect of a youth:\n\t(a)\tif the youth is not a recidivist young offender—the Training Centre Review Board must be constituted of—\n\t(i)\ta member of the Board who is a member of the Court's judiciary (who will preside at the sitting); and\n\t(ii)\t4 of the appointed members (of whom at least 1 must be a member appointed under section 38(2)(e) if the youth is an Aboriginal youth);\n\t(b)\tif the youth is a recidivist young offender or a terror suspect—the Training Centre Review Board will sit as the Youth Parole Board and be constituted of—\n\t(i)\ta member of the Board who is a member of the Court's judiciary (who will preside at the sitting); and\n\t(ii)\t4 of the appointed members, of whom—\n\t(A)\tat least 1 must be a member appointed under section 38(2)(ca); and\n\t(B)\tat least 1 must be a member appointed under section 38(2)(d); and\n\t(C)\tif the recidivist young offender is an Aboriginal youth—at least 1 must be a member appointed under section 38(2)(e).\n\t(3)\tThe Training Centre Review Board must notify the following persons of the day and time fixed by the Board for proceedings before the Board:\n\t(a)\tthe youth to whom the proceedings relate;\n\t(b)\ta guardian of the youth;\n\t(c)\tthe Chief Executive;\n\t(d)\tif, in relation to an offence for which the youth was detained, there is a registered victim—the registered victim.\n\t(4)\tHowever, the Training Centre Review Board is not required to notify the registered victim if the victim has indicated to the Board that he or she does not wish to be so notified.\n\t(5)\tIn any proceedings before the Training Centre Review Board relating to a youth (whether or not a recidivist young offender)—\n\t(a)\tthe legal representative, and a guardian, of the youth must be given the opportunity to make submissions to the Board; and\n\t(b)\tthe registered victim may make such submissions to the Board as he or she thinks fit in writing or, by prior arrangement with the Board, in person.\n\t(6)\tIf a period of detention to which a youth has been sentenced will extend past the youth's 18th birthday, the Training Centre Review Board must, at the last periodical review before that birthday, and at each periodical review thereafter, consider whether the youth should be transferred to complete the period of detention in a prison (and, if the Board does so determine, the youth will be transferred to prison in accordance with the Board's determination).\n40—Reports by Training Centre Review Board\n\t(1)\tThe Training Centre Review Board must, in accordance with subsection (2), provide a report to the Minister in relation to the previous financial year on—\n\t(a)\tthe number of youths granted periods of leave by the Board from a training centre during the previous financial year; and\n\t(b)\tthe number of applications for release from detention under section 41A during the previous financial year—\n\t(i)\tthat were granted by the Board; and\n\t(ii)\tthat were refused by the Board; and\n\t(c)\tthe number of applications for release on home detention under section 41B during the previous financial year—\n\t(i)\tthat were granted by the Board; and\n\t(ii)\tthat were refused by the Board; and\n\t(d)\tthe number of youths returned to detention in a training centre in the previous financial year following the cancellation of a release from detention, and the reasons for each such cancellation; and\n\t(e)\tthe work of the Board generally in the previous financial year; and\n\t(f)\tsuch other matters as the Board thinks fit, or as the Minister may direct.\n\t(2)\tA report under subsection (1) must—\n\t(a)\tin relation to the 2017/18 financial year, be provided to the Minister within 3 months of the commencement of this section; and\n\t(b)\tin relation to each subsequent financial year, be provided to the Minister not later than 31 October in the financial year immediately after the financial year to which the report relates.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report prepared under subsection (1), cause a copy of the report to be tabled in each House of Parliament.\n","sortOrder":12},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Leave of absence","content":"Subdivision 2—Leave of absence\n40A—Leave may be authorised by Board\n\t(1)\tThe Training Centre Review Board may authorise the Chief Executive to grant a youth, subject to conditions that the Board considers proper, periods of leave from a training centre during which the youth will not be subject to the supervision of the Chief Executive.\n\t(1a)\tLeave granted to a youth under this section may be subject to a condition that the youth be monitored by use of an electronic device.\n\t(2)\tThe Training Centre Review Board may, by written order, revoke any period of leave granted under this section, or vary or revoke any of the conditions to which it is subject.\n\t(3)\tA youth who is still at large after the revocation or expiry of a period of leave may be apprehended without warrant by a police officer or an officer of the Department authorised by the Minister for the purpose.\n\t(4)\tA youth who is still at large after the expiry of a period of leave will be taken to be unlawfully at large.\n\t(5)\tA youth is not, while still at large after revocation of a period of leave, serving his or her sentence of detention.\n","sortOrder":13},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Conditional release and home detention","content":"Subdivision 3—Conditional release and home detention\n41—Application and interpretation of Subdivision\n\t(1)\tThis Subdivision does not apply to a youth—\n\t(a)\twho has been dealt with as an adult and is serving a sentence or part of a sentence of imprisonment in a training centre; or\n\t(b)\tto whom Division 2 applies; or\n\t(c)\twho is serving a sentence of detention of less than 2 months.\n\t(2)\tIn this Subdivision, if a reference to the Training Centre Review Board, or the Board, is made in relation to a youth who is a recidivist young offender or a terror suspect—\n\t(a)\tthe reference will be taken to be a reference to the Youth Parole Board; and\n\t(b)\tin carrying out any function assigned to the Training Centre Review Board under this Subdivision, the Board must be constituted as the Youth Parole Board in accordance with section 39(2)(b).\n41A—Conditional release from detention\n\t(1)\tA youth who is serving a period of detention in a training centre may be released from detention by the Training Centre Review Board in accordance with this Subdivision.\n\t(2)\tSubject to subsection (3a), the provisions set out below apply to the release from detention of a youth other than a recidivist young offender:\n\t(a)\tthe youth must have completed at least two thirds of the period of detention in a training centre to which he or she has been sentenced;\n\t(ab)\tan application for release of the youth from detention may be determined by the Training Centre Review Board no earlier than 7 days before completion by the youth of at least two thirds of the period of detention in a training centre to which he or she has been sentenced;\n\t(b)\tin determining whether the youth should be released from detention, the Training Centre Review Board—\n\t(i)\tmust be satisfied that—\n\t(A)\tthe behaviour of the youth during the period of detention has been satisfactory; and\n\t(B)\tthere is no undue risk that the youth would, if released under this Subdivision, re‑offend;\n\t(ii)\tif, in relation to an offence for which the youth was detained, there is a registered victim—must take into consideration the impact that the release of the youth is likely to have on the registered victim and the registered victim's family;\n\t(c)\tthe release of the youth must be subject to the following conditions:\n\t(i)\ta condition that he or she not commit any offence;\n\t(ii)\ta condition that he or she be under the supervision of an officer of the Department and that the youth obey the directions of that officer;\n\t(iia)\ta condition prohibiting the youth from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm;\n\t(iib)\ta condition requiring the youth to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by an officer of the Department who is supervising the youth;\n\t(iii)\tany other condition that the Board thinks fit;\n\t(d)\ta decision of the majority of the Board is a decision of the Board.\n\t(3)\tSubject to subsection (3a), the provisions set out below apply to the release from detention of a youth who is a recidivist young offender:\n\t(a)\tthe recidivist young offender must have completed at least four fifths of the period of detention in a training centre to which he or she has been sentenced;\n\t(ab)\tan application for the release of the recidivist young offender may be determined by the Youth Parole Board no earlier than 7 days before completion by the offender of at least four fifths of the period of detention in a training centre to which he or she has been sentenced;\n\t(b)\tin determining whether the recidivist young offender should be released from detention—\n\t(i)\tdespite any other provision of this Act, the paramount consideration of the Youth Parole Board must be the safety of the community; and\n\t(ii)\tthe Youth Parole Board must also take the following matters into consideration:\n\t(A)\tthe likelihood of the recidivist young offender re‑offending if released from detention;\n\t(B)\tthe likelihood of the recidivist young offender complying with the conditions of release;\n\t(C)\tif, in relation to an offence for which the recidivist young offender was sentenced to a period of detention in a training centre, there is a registered victim—the impact that the release of the recidivist young offender is likely to have on the registered victim and the registered victim's family;\n\t(D)\tthe behaviour of the recidivist young offender while in detention;\n\t(E)\tthe behaviour of the recidivist young offender during any previous release from detention;\n\t(F)\tany reports provided to the Board as required by the Board;\n\t(G)\tthe probable circumstances of the recidivist young offender after release from detention;\n\t(H)\tany other matters that the Board thinks are relevant;\n\t(c)\tthe release of the recidivist young offender must be subject to the following conditions:\n\t(i)\ta condition that he or she not commit any offence;\n\t(ii)\ta condition that he or she be under the supervision of an officer of the Department and that he or she obey the directions of that officer;\n\t(iia)\ta condition prohibiting the youth from possessing a firearm or ammunition (both within the meaning of the Firearms Act 1977) or any part of a firearm;\n\t(iib)\ta condition requiring the youth to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by an officer of the Department who is supervising the youth;\n\t(iii)\tany other condition that the Board thinks fit;\n\t(d)\ta decision of the majority of the Board is a decision of the Board.\n\t(3a)\tThe following subsections do not apply in relation to release by the Board of a youth on home detention under section 41B:\n\t(a)\tsubsection (2)(a);\n\t(b)\tsubsection (2)(ab);\n\t(c)\tsubsection (3)(a);\n\t(d)\tsubsection (3)(ab).\n\t(4)\tA condition of release of a youth under this section may, for any proper reason, be varied or revoked at any time as follows:\n\t(a)\tin the case of a condition under subsection (2)(c)—by the Training Centre Review Board;\n\t(b)\tin the case of a condition under subsection (3)(c)—by the Youth Parole Board.\n\t(4a)\tThe Board may only vary or revoke the conditions imposed by subsection (2)(c)(iia) and (iib), or subsection (3)(c)(iia) and (iib), on the release from detention of a youth if the youth satisfies the Board that—\n\t(a)\tthere are cogent reasons to do so; and\n\t(b)\tthe possession of a firearm, ammunition or part of a firearm by the youth does not represent an undue risk to the safety of the public.\n\t(5)\tIf, in relation to an offence for which a youth was detained, there is a registered victim and the release of the youth under this section is subject to a condition that relates to the victim or the victim's family, the Training Centre Review Board must notify the victim of the terms of the condition.\n\t(6)\tHowever, the Training Centre Review Board is not required to notify the registered victim if—\n\t(a)\tthe victim has indicated to the Board that he or she does not wish to be so notified; or\n\t(b)\tthe Board is satisfied that, in the circumstances of the case, it is not appropriate to so notify the victim.\n\t(7)\tA decision of the Training Centre Review Board to notify or not notify a victim of the terms of any such condition is final and is not reviewable by a court.\n\t(8)\tSubject to this Subdivision, the conditions on which a youth is released from a training centre under this Subdivision are binding on the youth for the unexpired period of the detention order.\n41B—Release on condition of home detention\n\t(1)\tThe Training Centre Review Board may, on the application of the Chief Executive or on its own initiative, release a youth on condition that the youth remain at a residence specified by the Board for the remainder of the unexpired balance of the term of detention or such shorter period as the Board may specify and, if a youth is released on such a condition, the provisions of Division 2A (except for subsections (4), (5) and (6) of section 37C and section 37D(1)) apply as if—\n\t(a)\tthe order of the Board were a sentence of home detention imposed by the Court; and\n\t(b)\ta reference to the Court were a reference to the Board.\n\t(2)\tThe Training Centre Review Board—\n\t(a)\tmust not release a youth on home detention unless it is satisfied that accommodation is available at the residence it proposes to specify; and\n\t(b)\tshould not release a youth on home detention if it is not satisfied that adequate resources exist for the proper monitoring of the youth while on home detention by a home detention officer.\n41BA—Suspension of conditional release if youth is or becomes a terror suspect\n\t(1)\tIf a youth becomes a terror suspect while released subject to conditions under this Division or a terror suspect is, while released subject to conditions under this Division, the subject of a certificate issued by the Commissioner of Police under subsection (9)—\n\t(a)\tthe designated member must, on becoming aware of that fact, issue a warrant for the arrest of the youth; and\n\t(b)\ton the warrant being so issued, the youth's entitlement to conditional release from detention is suspended until a determination is made under this section.\n\t(2)\tA warrant issued under this section authorises the detention of the youth in custody pending the making of a determination under this section.\n\t(3)\tThe designated member must, as soon as practicable, determine whether there are special circumstances justifying the youth's continued release from detention.\n\t(4)\tA terrorism intelligence authority is entitled to be heard by the designated member in relation to the making of a determination under this section.\n\t(5)\tThe designated member is not required to provide to the youth any grounds or reasons for a determination under this section.\n\t(6)\tInformation forming the basis for the making of a determination under this section must not be disclosed to any person (except to the Attorney‑General, a court or a person to whom a terrorism intelligence authority authorises its disclosure) if, at the time at which the question of disclosure is to be decided, the information is properly classified by the terrorism intelligence authority as terrorism intelligence under section 74B of the Police Act 1998 (whether or not the information was so classified at the time at which the determination under this section was made).\n\t(7)\tIf the designated member determines that there are special circumstances justifying the youth's continued release from detention, the suspension under this section is lifted and, on release from custody under this section, the youth will continue to be released subject to the conditions for the balance of the unexpired period of the detention order.\n\t(8)\tIf the designated member determines that there are not special circumstances justifying the youth's continued release from detention, the youth—\n\t(a)\tmust be returned to detention under the original order; and\n\t(b)\tis liable to serve the balance of the sentence unexpired as at the date on which the youth was taken back into custody under this section; and\n\t(c)\twill be taken to have been serving that balance of sentence during any period spent in custody pending the making of a determination by the designated member under this section.\n\t(9)\tThe Commissioner of Police may issue a certificate for the purposes of this section in relation to a terror suspect who has been released from detention subject to conditions under this Division certifying that the Commissioner is satisfied that significant new information has come to light in relation to the youth that should be considered by the designated member.\n\t(10)\tIn any proceedings, a document that appears to be a certificate issued by the Commissioner of Police under this section may be admitted in evidence and is proof, in the absence of proof to the contrary, of the matter so certified.\n41C—What happens if youth fails to observe condition of release\n\t(1)\tIf a police officer or the Minister considers that a youth has failed to observe any condition imposed by the Training Centre Review Board under this Subdivision, the police officer or the Minister (as the case may be) (the applicant) may apply to the Board for an order that the youth be returned to a training centre.\n\t(2)\tSubject to subsection (3), the applicant must cause a copy of an application under subsection (1) to be served on the youth and a guardian of the youth, and the application must be endorsed with a notice of the place, date and time for the hearing of the application.\n\t(3)\tIf the applicant believes on reasonable grounds that, if served with any such application, the youth would be likely to abscond, the applicant may apply to the Youth Court—\n\t(a)\tto issue a warrant for the apprehension of the youth; and\n\t(b)\tto dispense with service of the application.\n\t(4)\tThe Court will not grant an application under subsection (3) unless satisfied, by information given on oath, that there are reasonable grounds to believe that, if served with the application, the youth would be likely to abscond.\n\t(5)\tIf—\n\t(a)\ta youth on whom an application is to be served cannot be found; or\n\t(b)\ta youth, having been served with the application, fails to attend before the Training Centre Review Board on an application,\na member of the Board may apply to the Youth Court for a warrant for the apprehension of the youth or may, with the concurrence of a second member of the Board, issue such a warrant.\n\t(6)\tThe Court must, on application under subsection (5), issue a warrant for the apprehension of the youth unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.\n\t(7)\tA warrant issued under this section authorises the apprehension of the youth referred to in the warrant by a police officer or an officer of the Department authorised for the purpose.\n\t(8)\tA youth who has been apprehended on a warrant issued under this section must be brought before the Training Centre Review Board as soon as reasonably practicable, and may be detained by the Chief Executive in any place (other than a prison) approved by the Minister until brought before the Board.\n\t(9)\tThe Training Centre Review Board may order that a youth who has been brought before the Board under this section be returned to detention under the original order if satisfied that the youth has contravened a condition.\n\t(10)\tIf a youth is returned to detention under the original order—\n\t(a)\the or she is liable to serve the balance of the sentence unexpired as at the date on which the breach of condition occurred; and\n\t(b)\tthe youth will be taken to have been serving that balance of sentence during any period spent in custody pending determination of the proceedings for breach of condition.\n\t(11)\tHowever, instead of exercising its powers under subsection (9), the Training Centre Review Board may impose a further condition on the youth's release requiring the youth to perform a specified number of hours of community service if the Board is of the opinion that the breach of condition was not so serious as to warrant returning the youth to detention.\n","sortOrder":14},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Absolute release from detention by Court","content":"Subdivision 4—Absolute release from detention by Court\n42—Absolute release from detention by Court\n\t(1)\tWhere a youth who was detained by order of the Youth Court has been released from custody, the Court may, on the application of the youth, a guardian of the youth, or the Chief Executive made on a recommendation of the Training Centre Review Board, order that the youth be discharged absolutely from the detention order.\n\t(2)\tAn application under this section cannot be made if a previous application in respect of the youth has been determined by the Court within the preceding period of three months.\n\t(3)\tThe Court may, for the purposes of determining an application under this section, hear, or receive submissions from, any person it thinks fit.\n","sortOrder":15},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Directions relating to firearms etc","content":"Division 3A—Directions relating to firearms etc\n42A—Training Centre Review Board may direct youth to surrender firearm etc\n\t(1)\tThe Training Centre Review Board may, in relation to the release from detention of a youth that is subject to the condition imposed by section 41A(2)(c)(iia) or (3)(c)(iia), direct the youth to surrender forthwith at a police station specified by the Training Centre Review Board any firearm, ammunition or part of a firearm owned or possessed by the defendant.\n\t(2)\tA youth who refuses or fails to comply with a direction under subsection (1) is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(3)\tNo criminal liability attaches to a person to the extent that he or she is complying with a direction under this section.\n\t(4)\tThe Commissioner of Police must deal with any surrendered firearm, ammunition or part of a firearm in accordance with the scheme set out in the regulations.\n\t(5)\tNo compensation is payable by the Crown or any other person in respect of the exercise of a function or power under this section.\n\t(6)\tThe regulations may provide for the payment, recovery or waiver of fees in respect of this section.\nDivision 4—Terror suspects\n43—Special procedures for terror suspects\n\t(1)\tDespite any other provision of this Part, a decision of the Youth Parole Board relating to a youth who is a terror suspect is of no effect unless it is confirmed by the designated member in accordance with this section.\n\t(2)\tThe designated member must, before confirming a decision relating to a youth who is a terror suspect, invite a terrorism intelligence authority to make submissions to the designated member in relation to the proposed decision.\n\t(3)\tThe designated member—\n\t(a)\tmust not confirm a decision of the Board to release a youth who is a terror suspect from detention unless the designated member determines that there are special circumstances justifying the youth's release; and\n\t(b)\tmust not confirm any other decision of the Board relating to a youth who is a terror suspect unless the designated member is satisfied that the decision is appropriate in all the circumstances.\n\t(4)\tThe designated member may determine to—\n\t(a)\tconfirm a decision of the Board (in which case the decision of the Board is taken to have effect immediately); or\n\t(b)\treject a decision of the Board and substitute the designated member's own decision (in which case the Board is taken to have made the decision as so substituted and that decision is taken to have effect immediately); or\n\t(c)\trefer the matter back to the Board for a further decision with any recommendations the designated member thinks fit (in which case any further decision of the Board will be subject to the requirement for confirmation under this section in the same way as the decision at first instance).\n\t(5)\tThe designated member is not required to provide to the youth any grounds or reasons for a determination under this section.\n\t(6)\tInformation forming the basis for the making of a determination under this section must not be disclosed to any person (except to the Attorney‑General, a court or a person to whom a terrorism intelligence authority authorises its disclosure) if, at the time at which the question of disclosure is to be decided, the information is properly classified by the terrorism intelligence authority as terrorism intelligence under section 74B of the Police Act 1998 (whether or not the information was so classified at the time at which the determination under this section was made).\nDivision 5—Escape from custody\n48—Escape from custody\n\t(1)\tA youth who is subject to detention—\n\t(a)\twho escapes from a training centre or from any person who has the lawful custody of the youth; or\n\t(b)\twho is otherwise unlawfully at large,\nis guilty of an offence.\nMaximum penalty: Detention for 6 months.\n\t(2)\tA term of detention to which a youth is sentenced for an offence against this section must be served immediately and any other detention or imprisonment to which the youth is liable is suspended while that term is being served.\n\t(3)\tIf the youth is in prison at the time at which a sentence imposed under this section is due to commence, the sentence must be served in prison.\n\t(4)\tA youth is not, while unlawfully at large, serving his or her sentence of detention.\n\t(5)\tFor the purposes of this section, a youth is subject to detention if the youth—\n\t(a)\tis subject to detention in a training centre or other place (not being a prison) by order of a court; or\n\t(b)\tis in the custody of an escort under Division 4.\n\t(6)\tThis section does not apply to—\n\t(a)\ta youth serving a sentence of home detention; or\n\t(b)\ta youth who has been released on home detention by the Training Centre Review Board in accordance with section 41; or\n\t(c)\ta youth subject to a detention order under Part 7A of the Controlled Substances Act 1984.\n","sortOrder":16},{"sectionNumber":"Part 6","sectionType":"part","heading":"Community service and other work related orders","content":"Part 6—Community service and other work related orders\n49—Community service and work orders cannot be imposed unless there is a placement for the youth\n\t(1)\tNo order, direction or requirement can be made by virtue of which a youth will be required to perform community service or participate in a particular work project, programme or camp unless there is, or will be within a reasonable time, a suitable placement for the youth in a community service programme, or in that work project, programme or camp.\n\t(2)\tWhen a court sentences a youth to community service, it must nominate an appropriate person who is, on the satisfactory completion by the youth of the community service, to certify that fact to the court.\n","sortOrder":17},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n57—Determination of a person's age\n\t(1)\tA court, family conference, or police officer will, in determining the age of a person for the purpose of this Act, act on the best evidence or information that is reasonably available but, in the absence of any such evidence or information, may itself estimate the age of the person.\n\t(2)\tIf, in any proceedings before a court, it becomes apparent to the court that the person the subject of those proceedings should, by reason of age, be dealt with in some other court, the court may remand that person to appear in the appropriate court.\n58—Prior offences\n\t(1)\tIf a person has been dealt with under this Act by a police officer or a family conference, and the question of prior offences subsequently arises in proceedings relating to offences committed by that person as an adult, the offences for which the person was dealt with by the police officer or family conference will be disregarded.\n\t(2)\tRecords of admissions of guilt on the basis of which a youth was dealt with by a police officer or family conference under this Act are admissible as evidence of prior offending in subsequent proceedings relating to offences committed before the youth reached 18 years of age but any offences so dealt with will be regarded as of minor significance.\n59—Detention and search by officers of Department\nAn officer of the Department authorised by the Chief Executive for the purpose is entitled to the lawful custody of a youth against whom proceedings under this Act have been, or are about to be, brought, while that youth is being conveyed to or from a court, or while the youth is within the precincts of the court, and may, at any time, search the youth and remove any object that the officer considers may cause injury or damage to any person or property.\n59A—Power of arrest by officers of the Department\n\t(1)\tAn officer of the Department may, without warrant, apprehend any youth who has escaped from custody or who the officer has reasonable grounds to believe is otherwise unlawfully at large.\n\t(2)\tAn officer of the Department may, in exercising powers under subsection (1), break into any premises where the officer reasonably suspects the youth to be.\n\t(3)\tA youth apprehended under this section must be returned forthwith to a training centre.\n\t(4)\tHowever, if the youth is arrested outside an area specified in the regulations, the youth may be detained—\n\t(a)\twith a person or in a place (other than a prison) approved by the Minister; or\n\t(b)\tif it is not reasonably practicable to detain the youth as provided by paragraph (a), in a police prison, or in a police station, watch‑house or lock‑up approved by the Minister,\nbut only until such time as it is reasonably practicable to transfer the youth to a training centre.\n\t(5)\tThe person for the time being in charge of a police prison, police station, watch-house or lock-up in which a youth is detained under this section must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult person detained in that place.\n60—Hindering an officer of the Department\nA person who hinders an officer of the Department in the exercise of powers under this Act is guilty of an offence.\nMaximum penalty: $2 500.\n61—Issue of warrant\nNo person may issue an order for the removal of a youth from any place, or a warrant for the arrest of a youth, unless the allegations made in respect of the youth by the person seeking the order or warrant have been substantiated on oath or by affidavit.\n62—Detention of youths in emergencies\n\t(1)\tDespite any other provision of this Act, if the Minister is of the opinion that an emergency has arisen (whether out of an industrial dispute or any other circumstance) by virtue of which it is impossible or impracticable to detain youths in training centres or other approved places as provided by this Act, a youth who is to be detained under this Act may be detained—\n\t(a)\tin a police prison; or\n\t(b)\tin a police station, watch-house or lock-up approved by the Minister,\nuntil the emergency is, in the opinion of the Minister, over.\n\t(2)\tThe person for the time being in charge of the place in which a youth is being detained under this section must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult person being detained in the same place.\n63—Transfer of youths in detention to other training centre or prison\n\t(1)\tIf a youth has been detained in, or remanded to, a training centre pursuant to an order of a court, the Chief Executive may, in such circumstances as the Chief Executive thinks fit, direct that the youth be removed and placed in some other training centre.\n\t(2)\tIf a person who is of or above the age of 18 years is detained in, or remanded to, a training centre or another place pursuant to an order of a court, the person or the Chief Executive may apply to the Youth Court for an order that the person be transferred to a prison for the remainder of the period of detention or remand.\n\t(3)\tThe Youth Court may not make an order under subsection (2) unless satisfied that, in the circumstances, a prison would be an appropriate place for the person to be held for the remainder of the period of detention or remand.\n\t(4)\tIf a person who is of or above the age of 17 years has been remanded to, or is being detained in, a training centre or another place pursuant to an order of a court, the Chief Executive may apply to the Youth Court for an order that the person be transferred to a prison for the remainder of the period of remand or detention.\n\t(5)\tThe Youth Court may not make an order under subsection (4) unless satisfied that—\n\t(a)\tthe person—\n\t(i)\tcannot be properly controlled in that training centre or other place; or\n\t(ii)\thas, within the period of 14 days preceding the date of the application, been found guilty of assaulting a person employed, or detained, in that training centre or other place; or\n\t(iii)\thas persistently incited others in the training centre or other place to cause a disturbance; or\n\t(iv)\thas escaped or attempted to escape from the training centre; or\n\t(b)\tthe person's needs for rehabilitation, care, correction and guidance cannot be met in that training centre or other place and it is in the best interests of the person for him or her to be transferred to a prison.\n\t(6)\tIf the Youth Court is satisfied, on an application under subsection (4), that the person is likely to be a danger to others, the Court may order that the person be held in custody in a prison until the Court has determined the application.\n\t(7)\tThe Youth Court may, on the application of the Chief Executive, the person or a guardian of the person, revoke an order made under subsection (4).\n\t(8)\tIf a person is held in custody in a prison by order under this section, the Correctional Services Act 1982 applies to and in relation to that person.\n\t(9)\tFor the purposes of determining an application under this section, the Youth Court must be constituted of the Judge of the Court or a magistrate.\n63A—Effect of remand in prison\n\t(1)\tIf a youth who is serving a sentence of detention or imprisonment in a training centre (a youth sentence) is remanded to a prison in relation to an offence alleged to have been committed after turning 18 years of age (an adult offence), the youth must be transferred to a prison and will be taken to be serving the youth sentence during the period of the remand.\n\t(2)\tIf, at the end of a period of remand in prison for an adult offence—\n\t(a)\ta youth sentence is still running; and\n\t(b)\tno immediately servable sentence of imprisonment was imposed for the adult offence,\nthe youth must be transferred to a training centre.\n\t(3)\tThe Correctional Services Act 1982 applies to and in relation to a youth transferred to a prison under subsection (1).\n\t(4)\tFor the purposes of this section, a sentence of detention includes an order for detention issued for the enforcement of a community service order.\n63B—Application of Correctional Services Act 1982 to youth with non-parole period\nIf a youth is serving a non-parole period in a training centre, Division 3 of Part 6 (release on parole) of the Correctional Services Act 1982 applies to and in relation to the youth as if the youth were a prisoner in a prison subject to the following modifications:\n\t(a)\ta reference to the Parole Board will be taken to be a reference to the Training Centre Review Board;\n\t(b)\ta reference to a community corrections officer will be taken to be a reference to a community youth justice officer under the Youth Justice Administration Act;\n\t(c)\ta reference to the CE will be taken to be a reference to the Chief Executive.\n63C—Restrictions on reports of proceedings\n\t(1)\tA person must not publish, by radio, television, newspaper or in any other way, a report of proceedings in which a child or youth is alleged to have committed an offence, if—\n\t(a)\tthe court before which the proceedings are heard prohibits publication of any report of the proceedings; or\n\t(b)\tthe report—\n\t(i)\tidentifies the child or youth or contains information tending to identify the child or youth; or\n\t(ii)\treveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of any child or youth who is concerned in those proceedings, either as a party or a witness.\n\t(2)\tThe court before which the proceedings are heard may, on such conditions as it thinks fit, permit the publication of particulars, pictures or films that would otherwise be suppressed from publication under subsection (1)(b).\n\t(3)\tA person who contravenes this section, or a condition imposed under subsection (2), is guilty of an offence.\nMaximum penalty: $10 000.\n64—Information about youth may be given in certain circumstances\n\t(1)\tIf a youth is proceeded against or dealt with under this Act for an alleged offence, a person who has suffered injury or loss or damage in consequence of the circumstances alleged to constitute the offence is entitled, on application in writing to the Commissioner of Police, to be informed of the name and address of that youth.\n65—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tThe regulations may, for example—\n\t(a)\tregulate the administration and management of training centres; and\n\t(b)\tregulate the practice and procedure of the Training Centre Review Board; and\n\t(c)\tprescribe forms to be used under this Act; and\n\t(d)\tprescribe the procedures to be observed in relation to the detention of a youth prior to being dealt with by a court, or while a youth is being conveyed to or from any court, or while a youth is in attendance at any court; and\n\t(e)\tprescribe fines, not exceeding $1 250 in each case, for breach of the regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Young Offenders Act 1993\n27.5.1993\n1.1.1994 (Gazette 4.11.1993 p2178)\n Statutes Amendment (Truth in Sentencing) Act 1994\n2.6.1994\n1.8.1994 (Gazette 14.7.1994 p69)\n Statutes Amendment (Courts Administration Staff) Act 1995\n30.11.1995\n14.12.1995 (Gazette 14.12.1995 p1641)\n Statutes Amendment (Sentencing of Young Offenders) Act 1996\n15.8.1996\n8.10.1996 (Gazette 29.8.1996 p810)\n Statutes Amendment (Young Offenders) Act 1998\n13.8.1998\nPt 4 (ss 10—15)—1.10.1998 (Gazette 10.9.1998 p815)\n Statutes Amendment and Repeal (Justice Portfolio) Act 1999\n5.8.1999\nPt 13 (ss 57—59)—3.10.1999 (Gazette 23.9.1999 p1208)\n Statutes Amendment (Warrants of Apprehension) Act 2000\n1.6.2000\nPt 4 (ss 6—11)—1.7.2000 (Gazette 15.6.2000 p3131)\n Young Offenders (Publication of Information) Amendment Act 2000\n6.7.2000\n20.8.2000 (Gazette 10.8.2000 p444)\n Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000\n20.7.2000\nPt 16 (s 32)—14.8.2000 (Gazette 10.8.2000 p444)\n Statutes Amendment (Courts) Act 2004\n8.7.2004\nPt 10 (s 28)—1.9.2004 (Gazette 26.8.2004 p3402)\n Statutes Amendment (Young Offenders) Act 2007\n29.11.2007\nPt 4 (ss 6—11)—3.2.2008 (Gazette 31.1.2008 p349)\n Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009\n5.11.2009\nPt 4 (ss 12—23) and Pt 5 (s 24)—27.6.2010 (Gazette 17.6.2010 p3077)\n Correctional Services (Miscellaneous) Amendment Act 2009\n26.11.2009\nSch 1 (cll 1 & 2)—1.1.2010 (Gazette 10.12.2009 p6167)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 168 (ss 381 & 382)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Attorney-General's Portfolio) Act 2012\n24.5.2012\nPt 13 (s 25)—5.8.2012 (Gazette 2.8.2012 p3302)\n Statutes Amendment (Serious Firearm Offences) Act 2012\n27.9.2012\nPt 7 (ss 32—37)—4.3.2013 (Gazette 21.2.2013 p485)\n Statutes Amendment (Fines Enforcement and Recovery) Act 2013\n1.8.2013\nPt 12 (s 50)—3.2.2014 (Gazette 30.1.2014 p422)\n Statutes Amendment (Young Offenders) Act 2013\nPt 2 (ss 3—5) & Sch 1—14.11.2013\n Firearms Act 2015\n17.12.2015\nSch 1 (cl 23)—1.7.2017 (Gazette 27.6.2017 p2619)\n Youth Justice Administration Act 2016\n17.3.2016\nSch 1 (cll 13—28)—1.12.2016 (Gazette 8.9.2016 p3677)\n Statutes Amendment (Home Detention) Act 2016\n26.5.2016\nPt 4 (s 16)—10.6.2016 (Gazette 9.6.2016 p2057)\n Statutes Amendment (Youth Court) Act 2016\n30.6.2016\nPt 3 (ss 12—18)—1.1.2017 (Gazette 8.12.2016 p4903); s 17(1) & (2) are of no effect because they purport to delete words that do not appear in the relevant subsections\n Statutes Amendment (Courts and Justice Measures) Act 2016\nPt 10 (s 16)—8.12.2016: s 2(1)\n Summary Procedure (Indictable Offences) Amendment Act 2017\n14.6.2017\nSch 2 (cll 35—38 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 23 (ss 36 & 37)—30.4.2018 (Gazette 6.2.2018 p612)\n Statutes Amendment (Youths Sentenced as Adults) Act 2017\nPt 2 (s 4) & Sch 1 (cl 1)—12.12.2017: s 2(1)\n Statutes Amendment (Terror Suspect Detention) Act 2017\nPt 6 (ss 28 to 33)—26.2.2018 (Gazette 13.2.2018 p733)\n Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017\nPt 13 (ss 31 to 38)—1.3.2018 (Gazette 6.2.2018 p610)\n Statutes Amendment (Attorney-General's Portfolio) Act 2018\nPt 7 (ss 13 to 16)—15.11.2018: s 2(1)\n Statutes Amendment (Attorney-General's Portfolio) Act 2020\n1.10.2020\nPt 8 (s 15)—21.11.2021 day on which s 7 of Controlled Substances (Youth Treatment Orders) Amendment Act 2019 commenced: s 2(5)\n Statutes Amendment (Child Sexual Abuse) Act 2021\n9.12.2021\nPt 7 (s 23)—1.6.2022 (Gazette 17.2.2022 p490)\nCriminal Law Consolidation (Mental Competence) Amendment Act 2025\n27.3.2025\nSch 1 (cl 4)—14.7.2025 (Gazette 5.6.2025 p1385)\nStatutes Amendment (Recidivist Young Offenders) Act 2025\n20.11.2025\nPt 4 (ss 8 & 9)—16.2.2026 (Gazette 12.2.2026 p243)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(2)\n(b) deleted by 68/1996 s 30(a)\ns 3(2a)\ninserted by 68/1996 s 30(b)\n\namended by 57/2007 s 6\n\namended by 67/2017 s 4(1)\n\nsubstituted by 52/2025 s 8(1)\ns 3(2b)\ninserted by 52/2025 s 8(1)\ns 3(3)\namended by 70/2017 s 31\ns 3(4)\ninserted by 67/2017 s 4(2)\n\namended by 52/2025 s 8(2)\ns 4\n\ns 4(1)\ns 4 redesignated as s 4(1) by 63/2009 Sch 1 cl 1\nChief Executive\ninserted by 68/1996 s 31(a)\nCommonwealth Criminal Code\ninserted by 69/2017 s 28(1)\ncommunity youth justice officer\ninserted by 6/2016 Sch 1 cl 13(1)\nDepartment\nsubstituted by 84/2009 s 381\n\nsubstituted by 6/2016 Sch 1 cl 13(2)\ndesignated member\ninserted by 69/2017 s 28(2)\nDirector-General\ndeleted by 68/1996 s 31(b)\ndomestic partner\ninserted by 52/2009 s 12(1)\nhome detention officer\ninserted by 68/1996 s 31(c)\nimmediate family\ninserted by 52/2009 s 12(2)\ninjury\ninserted by 52/2009 s 12(2)\nJudge\ndeleted by 32/2016 s 12\nloss or damage\ninserted by 70/2017 s 32(1)\npolice officer\ndeleted by 52/2009 s 12(3)\nrecidivist young offender\ninserted by 52/2009 s 12(3)\n\namended by 53/2017 s 36(1)\n\namended by 52/2025 s 9\nregistered victim\ninserted by 52/2009 s 12(3)\nserious firearm offender\ninserted by 33/2012 s 32\n\namended by 53/2017 s 36(2)\nspouse\ninserted by 52/2009 s 12(4)\nterrorism intelligence authority\nterrorism notification\nterrorist offence\nterror suspect\ntraining centre\nsubstituted by 6/2016 Sch 1 cl 13(3)\nvictim\ninserted by 52/2009 s 12(5)\nVictims Register\ninserted by 52/2009 s 12(5)\nYouth Justice Administration Act\ninserted by 6/2016 Sch 1 cl 13(4)\nYouth Parole Board\ninserted by 52/2009 s 12(6)\ns 4(2)\ninserted by 63/2009 Sch 1 cl 1\ns 4(2a)\ninserted by 70/2017 s 32(2)\ns 4(3)\ninserted by 69/2017 s 28(4)\ns 4(4) and (5)\ninserted by 69/2017 s 28(4)\ns 4A\ninserted by 63/2009 Sch 1 cl 2\ns 5A\ninserted by 52/2009 s 13\nPt 2\n\ns 6\n\ns 6(3)\nsubstituted by 52/2009 s 14\ns 6(4)\ninserted by 52/2009 s 14\ns 8\n\ns 8(1)\namended by 70/2017 s 33(1)—(3)\ns 8(5a)\ninserted by 70/2017 s 33(4)\ns 8(9)\namended by 70/2017 s 33(5)\ns 8(10)\ninserted by 70/2017 s 33(6)\ns 9\n\ns 9(1)\namended by 85/1995 s 18(a)\n14.12.1995\ns 9(1a)\ninserted by 85/1995 s 18(b)\n14.12.1995\ns 9(3)\namended by 32/2016 s 13(1)\ns 9(4)\namended by 32/2016 s 13(2)\ns 10\n\ns 10(1)\namended by 70/2017 s 34(1)\ns 10(2)\namended by 70/2017 s 34(2)\ns 12\n\ns 12(1)\namended by 70/2017 s 35(1)—(3)\ns 12(5)\namended by 70/2017 s 35(4)\ns 12(7)\namended by 70/2017 s 35(5)\ns 12(11)\namended by 70/2017 s 35(6)\ns 12(12)\ninserted by 70/2017 s 35(7)\ns 13\n\ns 13(1)\namended by 70/2017 s 36\ns 13(1a)—(1j)\ninserted by 33/2000 s 3(a)\ns 13(2)\namended by 33/2000 s 3(b)\ns 13(3)\namended by 68/1996 s 32\n\namended by 33/2000 s 3(c) \ns 13(5)\ninserted by 33/2000 s 3(d)\nPt 3\n\ns 15\n\ns 15(1)\namended by 68/1996 s 33\n\namended by 41/1998 s 10(a)\ns 15(1a)\ninserted by 41/1998 s 10(b)\n\nsubstituted by 6/2016 Sch 1 cl 14\ns 15(3)\namended by 41/1998 s 10(c)\nPt 4\n\nPt 4 Div A1\ninserted by 57/2007 s 7\ns 15A\namended by 33/2012 s 33\nPt 4 Div 1\n\ns 16\n\ns 16(1)\ns 16 amended and redesignated as s 16(1) by 57/2007 s 8(1), (2)\ns 16(2)\ninserted by 57/2007 s 8(2)\ns 17\n\ns 17(1)\namended by 68/1996 s 34\n\namended by 57/2007 s 9(1)\ns 17(3)\namended by 57/2007 s 9(2)\n\namended by 18/2017 Sch 2 cl 35\ns 17A\ninserted by 57/2007 s 10\ns 17A(2)\namended by 18/2017 Sch 2 cl 36\nPt 4 Div 2\n\namended by 57/2007 s 11\n\namended by 18/2017 Sch 2 cl 37\ns 18\namended by 68/1996 s 35\ns 19\namended by 68/1996 s 36\n\namended by 18/2017 Sch 2 cl 38\ns 19A\ninserted by 57/2021 s 23\n1.6.2022\nPt 4 Div 3\n\ns 22\n\ns 22(2)\namended by 53/2017 s 37\ns 23\n\ns 23(1)\namended by 41/1998 s 11(a)\ns 23(2)\namended by 6/2016 Sch 1 cl 15(1)\ns 23(4)\nsubstituted by 52/2009 s 15\n\namended by 33/2012 s 34\ns 23(5)\nsubstituted by 68/1996 s 37\ns 23(6)\ndeleted by 68/1996 s 37\n\ninserted by 41/1998 s 11(b)\n\namended by 6/2016 Sch 1 cl 15(2)—(5)\ns 23(7)\ninserted by 41/1998 s 11(b)\ns 24\namended by 68/1996 s 38\ns 25\n\ns 25(1)\ns 25 redesignated as s 25(1) by 68/1996 s 39\ns 25(2)\ninserted by 68/1996 s 39\ns 26\n\ns 26(3)\namended by 68/1996 s 40(a)\n\namended by 70/2017 s 37\ns 26(4)\namended by 68/1996 s 40(b)\ns 26(5) and (6)\ninserted by 6/2016 Sch 1 cl 16\ns 28\n\ns 28(2)\namended by 32/2016 s 14\ns 28(3)\namended by 68/1996 s 41\nPt 4 Div 4\n\ns 29\n\ns 29(4)\namended by 61/2013 s 3\nPt 4 Div 5\n\ns 30\n\ns 30(1)—(3)\namended by 68/1996 s 42\ns 32\n\ns 32(1)\namended by 68/1996 s 43\ns 32(4a)\ninserted by 12/2025 Sch 1 cl 4\n14.7.2025\ns 34\n\ns 34(3)\namended by 68/1996 s 44\nPt 5 Div 1\n\ns 36\n\ns 36(2)\nsubstituted by 6/2016 Sch 1 cl 17(1)\ns 36(2a)\ninserted by 68/1996 s 45\n\ndeleted by 41/1998 s 12\ns 36(4)\n(a) deleted by 35/1994 s 19\n1.8.1994\n\namended by 42/1999 s 57(a)\n\namended by 6/2016 Sch 1 cl 17(2)\n\namended by 29/2018 s 13\ns 36(5)\namended by 42/1999 s 57(b)\nPt 5 Div 1A\ninserted by 41/1998 s 13\ns 36A\n\ns 36A(1)\namended by 6/2016 Sch 1 cl 18\nPt 5 Div 2 before deletion by 61/2013\n\ns 37\n\ns 37(1a)\ninserted by 52/2009 s 16(1)\ns 37(3a) and (3b)\ninserted by 33/2013 s 35\ns 37(5a)—(5c)\ninserted by 52/2009 s 16(2)\ns 37(7)\namended by 18/2000 s 6(a)\n\namended by 52/2009 s 16(3)\ns 37(8)\namended by 18/2000 s 6(b)\n\namended by 52/2009 s 16(4)\ns 37(9)\namended by 52/2009 s 16(5)\ns 37(9a)\ninserted by 18/2000 s 6(c)\n\namended by 52/2009 s 16(6)\ns 37(11)\namended by 68/1996 s 46\nPt 5 Div 2\ndeleted by 61/2013 s 4\nPt 5 Div 2A\ninserted by 68/1996 s 47\ns 37A\n\ns 37A(3)\n\nresidence\nsubstituted by 20/2016 s 16\n10.6.2016\nPt 5 Div 3\n\nPt 5 Div 3 Subdiv 1\n\ninserted by 52/2009 s 17\ns 38\n\ns 38(2)\namended by 68/1996 s 48(a), (b)\n\namended by 52/2009 s 18(1)—(3)\n\namended by 32/2016 s 15\ns 38(3)\namended by 68/1996 s 48(c)\ns 38(6a) and (6b)\ninserted by 68/1996 s 48(d)\n\ndeleted by 84/2009 s 382\ns 38(9)\namended by 68/1996 s 48(e)\n\ndeleted by 52/2009 s 18(4)\ns 38(10)\ndeleted by 52/2009 s 18(4)\ns 39 before substitution by 52/2009\n\ns 39(1)\namended by 68/1996 s 49\ns 39\nsubstituted by 52/2009 s 19\n39(2)\namended by 32/2016 s 16(1), (2)\n\namended by 69/2017 s 29\ns 39(6)\namended by 6/2016 Sch 1 cl 19(1), (2)\ns 40 before deletion by 16/2016\n\ns 40(1)\namended by 68/1996 s 50(a), (b)\ns 40(2) and (4)\namended by 68/1996 s 50(a)\ns 40(5)\namended by 18/2000 s 7(a)\ns 40(6) and (7)\ninserted by 18/2000 s 7(b)\ns 40\ndeleted by 16/2016 s 16\ns 40\ninserted by 29/2018 s 14\nPt 5 Div 3 Subdiv 2\n\ninserted by 52/2009 s 20\ns 40A\ninserted by 18/2000 s 8\ns 40A(1a)\ninserted by 6/2016 Sch 1 cl 20\ns 41 before substitution by 52/2009\n\ns 41(1)\namended by 68/1996 s 51(a)\n\ndeleted by 18/2000 s 9(a)\ns 41(3)\nsubstituted by 68/1996 s 51(b)\ns 41(5)\namended by 68/1996 s 51(c)\n\namended by 18/2000 s 9(b)\ns 41(5a)\ninserted by 68/1996 s 51(d)\n\namended by 18/2000 s 9(c)\ns 41(5b)\ninserted by 68/1996 s 51(d)\ns 41(10)\namended by 18/2000 s 9(d)\ns 41(10a)\ninserted by 18/2000 s 9(e)\ns 41(12)\namended by 68/1996 s 51(a)\ns 41(14) and (15)\ninserted by 68/1996 s 51(e)\ns 41\ndeleted by 52/2009 s 21\nPt 5 Div 3 Subdiv 3\ninserted by 52/2009 s 21\namended by 6/2016 Sch 1 cl 21\ns 41\n\ns 41(2)\namended by 69/2017 s 30\ns 41A\n\ns 41A(2)\namended by 17/2012 s 25(1)\n\namended by 33/2012 s 36(1)\n\namended by 46/2015 Sch 1 cl 23\n1.7.2017\n\namended by 6/2016 Sch 1 cl 22(1)\ns 41A(3)\namended by 17/2012 s 25(2)\n\namended by 33/2012 s 36(2)\n\namended by 6/2016 Sch 1 cl 22(2)\ns 41A(3a)\ninserted by 6/2016 Sch 1 cl 22(3)\ns 41A(4a)\ninserted by 33/2012 s 36(3)\ns 41B\n\ns 41B(1)\namended by 6/2016 Sch 1 cl 23\ns 41BA\ninserted by 69/2017 s 31\nPt 5 Div 3 Subdiv 4\n\ninserted by 52/2009 s 22\ns 42\n\ns 42(1)\namended by 68/1996 s 52\nPt 5 Div 3A\ninserted by 33/2012 s 37\ns 42A\n\ns 42A(1)\namended by 61/2013 s 5\nPt 5 Div 4\ndeleted by 6/2016 Sch 1 cl 24\n\ninserted by 69/2017 s 32\ns 43\n\ns 43(3)\namended by 29/2018 s 15\nPt 5 Div 5\n\ns 48\n\ns 48(1)\namended by 68/1996 s 53(a)\ns 48(6)\ninserted by 68/1996 s 53(b)\n\namended by 18/2000 s 10\n\nsubstituted by 34/2020 s 15\n21.11.2021\nPt 6\nheading amended by 68/1996 s 54\ns 49\n\ns 49(1)\nsubstituted by 68/1996 s 55\ns 49A\ninserted by 68/1996 s 56\n\namended by 31/2013 s 50\n3.2.2014\n\ns 50\namended by 68/1996 s 57\n\ns 51 before deletion by 6/2016\n\ns 51(1)\namended by 68/1996 s 58\ns 51\nPt 7 before deletion by 23/2004\n\ns 56\n\ns 56(1) and (2)\namended by 68/1996 s 59\nPt 7\ndeleted by 23/2004 s 28\nPt 8\n\ns 59\namended by 68/1996 s 60\ns 59A\ninserted by 68/1996 s 61\ns 60\namended by 68/1996 s 62\ns 61\namended by 18/2000 s 11\ns 63 before substitution by 6/2016\n\ns 63(1)\ns 63(2)\n\namended by 41/1998 s 14(a), (b)\ns 63(3)\namended by 41/1998 s 14(c)\ns 63(4)\n\namended by 41/1998 s 14(d)\ns 63(6)\ns 63(7)\namended by 41/1998 s 14(e)\ns 63(8)\ndeleted by 41/1998 s 14(f)\ns 63\nsubstituted by 6/2016 Sch 2 cl 26\ns 63(9)\nas in force immediately before 1.1.2017 omitted under Legislation Revision and Publication Act 2002\n\ns 63(9)\ninserted by 32/2016 s 17(3)\ns 63A\ninserted by 41/1998 s 15\ns 63B\ninserted by 41/1998 s 15\n\namended by 42/1999 s 58\n\namended by 57/2000 s 32\n14.8.2000\n\namended by 6/2016 Sch 2 cl 27\n\namended by 29/2018 s 16\ns 63C\ninserted by 42/1999 s 59\ns 64\n\ns 64(1)\ns 64 redesignated as s 64(1) by 52/2009 s 23\n\namended by 70/2017 s 38\ns 64(2)—(6)\ninserted by 52/2009 s 23\n\ndeleted by 6/2016 Sch 1 cl 28\ns 65\n\ns 65(2)\namended by 68/1996 s 64\nTransitional etc provisions associated with Act or amendments\nStatutes Repeal and Amendment (Children's Protection and Young Offenders) Act 1993\n3—Interpretation\nIn this Act—\ncommencement day means the day on which this Act comes into operation;\nnew legislation means—\n\t(a)\tthe Young Offenders Act 1993; and\n\t(b)\tthe Youth Court Act 1993;\nformer legislation means the Children's Protection and Young Offenders Act 1979.\n19—Transitional provisions—offences\n\t(1)\tProceedings in relation to an offence alleged to have been committed before the commencement day may be taken under the new legislation.\n\t(2)\tProceedings before the Children's Court of South Australia under the former legislation in relation to such an offence may be continued and completed before the Youth Court of South Australia under the new legislation.\n\t(3)\tA person may not be subjected to a penalty under the new legislation for an offence committed before the commencement day unless—\n\t(a)\tthe penalty is of the same nature as could have been imposed under the former legislation (and for this purpose an order under section 26 of the Young Offenders Act 1993 is to be taken to be of the same nature as a bond); and\n\t(b)\tthe penalty is no more severe than could have been properly imposed under the former legislation.\n\t(4)\tA judge or magistrate who was a judicial officer of the Children's Court of South Australia may (even though not a judicial officer of the Youth Court of South Australia) sit as a member of the Youth Court of South Australia for the purpose of continuing and completing the hearing and determination of proceedings commenced or part heard before the commencement day.\n\t(5)\tAn order or bond in force under Part 7 of the former legislation immediately before the commencement day remains in force under, but subject to, the former legislation.\n\t(6)\tThe former legislation remains in force in relation to an order or bond to which subsection (5) applies, and any further order or bond imposed on breach of the order or bond or in relation to the same offence, as if references to the Children's Court of South Australia were references to the Youth Court of South Australia, and with any further modifications that may be prescribed by regulation.\nStatutes Amendment (Courts Administration Staff) Act 1995\n20—Transitional provision\n\t(1)\tAn appointment to a non-judicial office or position made or purportedly made before the commencement of this Act in accordance with an Act that is amended by this Act will be taken to have been duly made under the statutory provisions that, as amended by this Act, provide for the making of such an appointment as if this Act had been enacted and in force at the relevant time.\nStatutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009, Pt 5\n24—Social Development Committee to inquire into and report on operation of Act\nThe Social Development Committee of the Parliament must, within 3 years after the commencement of Parts 3 and 4 of the Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009, in consultation with the Attorney‑General, inquire into, consider and report on the operation of the Act (including any effect the operation of the Act has had on the criminal justice system in South Australia).\nStatutes Amendment (Young Offenders) Act 2013, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nrepealed section means section 37 of the Young Offenders Act 1993 repealed by section 4.\n2—Applications under section 37 of Young Offenders Act 1993\n\t(1)\tDespite section 16 of the Acts Interpretation Act 1915 or a provision of any other Act or law, any right accrued but not yet exercised, or, if exercised, not yet determined, under the repealed section is, by force of this subclause, extinguished.\n\t(2)\tTo avoid doubt, subclause (1)—\n\t(a)\tprevents an application for release on licence from being made under the repealed section regardless of whether the youth could have made such an application before the commencement of that subclause; and\n\t(b)\tdefeats any application for release on licence made by a youth under the repealed section that had not yet been determined before the commencement of that subclause.\n3—Youths currently subject to licence\n\t(1)\tSubject to this clause, a release on licence of a youth under the repealed section that has not been cancelled will be taken to continue in accordance with its terms.\n\t(2)\tSection 37 of the Young Offenders Act 1993, as in force immediately before the commencement of this clause, will be taken to continue to apply in relation to a release on licence continued under this clause as if that section had not been repealed.\nStatutes Amendment (Youth Court) Act 2016\n18—Transitional provision\n\t(1)\tA person who was a member of the Training Centre Review Board immediately before the commencement day may sit as a member of the Board for the purpose of continuing and completing the hearing and determination of proceedings that are, on the commencement day, part heard.\n\t(2)\tIn this section—\ncommencement day means the day on which this Part comes into operation.\nStatutes Amendment (Youths Sentenced as Adults) Act 2017, Sch 1\n1—Transitional provision\nAn amendment effected by this Act applies to a youth who is being sentenced as an adult after the commencement of the amendment, whether the offence in respect of which the youth is being sentenced occurred before or after that commencement.\nStatutes Amendment (Terror Suspect Detention) Act 2017, Pt 6\n33—Transitional provision\n\t(1)\tThe amendments to the Young Offenders Act 1993 effected by this Act apply in relation to—\n\t(a)\ta youth who is serving a period of detention in a training centre; or\n\t(b)\ta youth who is released subject to conditions in accordance with Part 5 Division 3 of the Young Offenders Act 1993,\non or after the commencement of this Part (regardless of when the relevant offence was committed).\n\t(2)\tThe reference in section 41BA of the Young Offenders Act 1993 (as amended by this Act) to a person becoming a terror suspect includes a person who, on the commencement of this Part, becomes a terror suspect because they are a person to whom section 4(4) of the Young Offenders Act 1993 (as amended by this Act) applies.\nSummary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14\n41—Transitional provision\nThe amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).\nHistorical versions\nReprint No 1—1.8.1994\n\nReprint No 2—14.12.1995\n\nReprint No 3—8.10.1996\n\nReprint No 4—1.10.1998\n\nReprint No 5—3.10.1999\n\nReprint No 6—1.7.2000\n\nReprint No 7—20.8.2000\n\n3.2.2014\n\n10.6.2016\n\n1.7.2017\n\n26.2.2018 (electronic only)\n\n1.3.2018 (electronic only)\n\n21.11.2021\n\n1.6.2022\n\n14.7.2025\n\n","sortOrder":18}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":727},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1993 scope. What began as a relatively straightforward juvenile justice framework has expanded to include: counter-terrorism provisions (2017 amendments creating special procedures for 'terror suspects'); complex firearms restrictions; home detention as a sentencing option; detailed victim registration and notification schemes; and increasingly elaborate distinctions between ordinary young offenders, 'recidivist young offenders' and 'serious firearm offenders' with different rules for each. The 2017 amendments in particular introduced national security elements that were clearly not contemplated in the original legislation."},"complexity_factors":["47 defined terms in section 4 alone, with many cross-referenced to other Acts","Multiple overlapping definitions of 'youth' that change depending on context (proceedings vs detention vs age at offence)","Nested conditional logic throughout — for example, release eligibility depends on offence type, time served, risk assessment, victim impact, and Board composition varies by offender category","Extensive cross-referencing to other legislation: Youth Justice Administration Act, Correctional Services Act, Sentencing Act, Bail Act, Commonwealth Criminal Code, and multiple others","Special procedures for 'terror suspects' and 'recidivist young offenders' that override general provisions and create parallel decision-making pathways","Complex sentencing hierarchies: training centre detention, home detention, community service, undertakings, with different maximum periods and eligibility thresholds","Detailed procedural requirements for family conferences and Training Centre Review Board hearings with specific notification and composition rules","Multiple amendment layers visible in legislative history — the Act has been substantially modified 30+ times since 1993, creating potential interpretive conflicts"],"plain_english_summary":"This is South Australia's main law for dealing with young people (aged 10 to 17) who commit crimes. It sets up a separate justice system that tries to steer kids away from courts and prison where possible.\n\n**Key things the Act does:**\n\n- **Establishes the Youth Court** — a special court for young offenders with its own procedures and sentencing powers\n\n- **Creates a tiered response system** for minor offences:\n  - *Informal cautions* by police (no record)\n  - *Formal cautions* with conditions like apologies or small compensation payments\n  - *Family conferences* — meetings involving the young person, their family, police and a coordinator to agree on consequences\n  - *Court charges* only if other options fail or aren't appropriate\n\n- **Limits custody** — young people generally can't be sent to adult prison; they serve sentences in training centres focused on rehabilitation. Courts must be satisfied that non-custodial options won't work before ordering detention\n\n- **Sets up the Training Centre Review Board** — a panel including judges, community representatives and Aboriginal members that reviews detained youths' progress and decides on early release\n\n- **Introduces home detention** — serving sentences at a specified residence with electronic monitoring and strict conditions\n\n- **Protects privacy** — strict limits on publishing information that could identify young offenders\n\n- **Includes special rules for serious cases** — repeat offenders, serious firearm offenders, and terror suspects face stricter release tests and can be transferred to adult prisons in some circumstances\n\n- **Recognises victims** — through a Victims Register and rights to be informed about proceedings and releases\n\nThe Act tries to balance rehabilitation (helping young people become responsible adults) with community protection, especially for those who keep reoffending."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded in scope since its original 1993 version. Key changes include: the introduction of a Victims Register and active victim notification mechanisms (s5A); statutory machinery for periodic reviews, leave and parole‑style conditional release through the Training Centre Review Board / Youth Parole Board with detailed reporting obligations (s38–41, s40); formalised home detention regimes and monitoring powers (s37A–37D, s41B); statutory definitions and special procedures for \"terror suspects\" including suspension of conditional release and non‑disclosure of intelligence (s4(4), s41BA, s43); and enhanced powers for police and departmental officers including designation of contractor staff as officers for certain purposes (s4A, s59A). These additions move the Act beyond purely diversion‑and‑rehabilitation mechanics into areas of national security, expanded executive discretion, and formalised parole/release administration. The legislative history shows these topics were introduced by multiple amendment Acts over time (eg. 2009, 2012, 2016, 2017, 2018 and later), signalling a steady widening of the Act's administrative and security functions."},"complexity_factors":["Comprehensive multi‑part structure with many procedural tracks (police caution, family conference, Youth Court, Magistrates/District/Supreme Court)","Large interpretation/definitions section with over 40 defined terms and cross‑references (s4) — eg. 'youth', 'terror suspect', 'training centre', 'recidivist young offender', 'Victims Register'","Extensive cross‑referencing to other Acts (Youth Justice Administration Act, Sentencing Act 2017, Correctional Services Act 1982, Police Act 1998, Evidence Act 1929) increasing interpretive load","Multiple conditional branches and exceptions (eg. different rules for recidivists, serious firearm offenders, terror suspects, youths dealt with as adults — see s23, s41A, s41BA, s29)","Numerous numerical limits and varied maxima (community service hours: 75 by police, 300 by family conference, court cap 500 hours; fines capped at $2,500; detention maximums) scattered across Parts 2–5","Complex release and review machinery (Training Centre Review Board composition, Youth Parole Board rules, periodic reviews, leave, conditional release, home detention interplay — s38–41B)","Significant secrecy and non‑disclosure rules for terrorism‑related material and Board determinations (s41BA, s43) with limited procedural transparency","Delegation and appointment powers (Minister, Attorney‑General, Chief Executive) with practical impacts (s4A, s38, s39) and transitional provisions from many amendment Acts","Multiple publication and suppression regimes (s13, s63C) with court‑permission processes and criminal penalties for breach","Wide array of penalties, administrative powers and enforcement mechanisms (warrants, arrests, searches, surrender of firearms) across different actors (police, Department officers, home detention officers)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a separate legal framework for handling people aged 10–17 (\"youths\") who are alleged to have committed offences. (Definitions: \"youth\"; age limit: s5.)\n- Creates a stepped response to youth offending so that not every matter goes straight to court. Police can give informal cautions (no prosecution and no criminal record) (s6), impose formal cautions and undertakings for minor matters (s8), or refer the case to a Youth Justice Co‑ordinator to run a family conference (s7, s10–12). If those options are unsuitable, the police or prosecutor may lay charges and the Youth Court or Magistrates Court handles proceedings (Part 4).\n- Limits the kinds of penalties available for youths: imprisonment is generally replaced by detention in a training centre or home detention with fixed maximums; fines and community service have statutory caps; bonds are limited and replaced with court‑imposed obligations (see s23–26, s24, s25, s26). The law also sets rules for sentencing youths as adults in specified circumstances (s17(3), s29).\n- Establishes administrative bodies and processes: Youth Justice Co‑ordinators to convene family conferences (s9–11); a Training Centre Review Board (sometimes called the Youth Parole Board) to review youth detention, authorise leave, and consider conditional release and home detention (s38–41B); and a Victims Register to allow victims to receive information about detained youths (s5A).\n- Provides special procedures for matters involving terrorism: a youth can be designated a \"terror suspect\" and, in those cases, the Board's decisions require confirmation by a designated judicial member; conditional releases may be suspended, and intelligence material can be withheld from the youth and public for national security reasons (s4(4), s41BA, s43).\n- Protects the privacy of youths in out‑of‑court responses and in court proceedings by restricting publication of identifying information (s13, s63C), while giving limited rights for victims to be informed of outcomes (s8(9), s12(11), s5A).\n\nWho it affects\n\n- Youths aged 10–17 accused of offences (the Act defines \"youth\" and sets 10 as the minimum age of criminal responsibility) (s4, s5).\n- Guardians/parents who are expected to participate in cautions, family conferences and court proceedings and who may be asked to give undertakings (s7(3), s12, s27).\n- Police, youth justice officers and Departmental staff who are given powers to caution, convene family conferences, supervise home detention, apprehend absconding youths and operate the Victims Register (s6–8, s10–12, s37B, s59A, s5A).\n- Courts (Youth Court, Magistrates, District/Supreme Courts) which retain jurisdiction for more serious matters and committals (Part 4).\n- Victims and their immediate family members, who can register to receive information and can be consulted about outcomes (s5A, s12(11), s41A(2)(b)(ii)).\n- Service providers and community organisations that supply community service placements, monitoring services or home detention resources — the Act requires suitable placements before orders can be made (s49, s37A–37C, s41B).\n- Media and researchers: publication is restricted and requires court permission in defined circumstances (s13, s63C).\n\nWhy it matters (official purpose and practical implications)\n\n- Officially, the Act is designed to secure \"care, correction and guidance\" for young offenders and to protect the community (s3). It does so by steering many cases away from formal prosecution toward cautions, undertakings and family conferences intended to restore victims and address the youth's needs (Parts 2 and 6).\n\n- Practical trade‑offs and implementation realities to note:\n  - Incentives: The structure shifts early decision power to police and Youth Justice Co‑ordinators (s6–8, s10). That reduces immediate courtroom use but places a premium on police judgment, departmental administration and availability of family‑conference resources. Where police/coordinators exercise discretion to avoid charging, young people avoid formal records (s6(3), s8(8), s12(10)).\n  - Costs and who pays: Operational costs fall mainly on the State—running training centres, employing home detention officers, convening the Training Centre Review Board and keeping the Victims Register (s38, s37B, s5A). Community organisations may bear the burden of providing placements for community service (s49); where placements are limited the court cannot order service (s49(1)).\n  - Bureaucratic discretion and decision points: The Act grants substantial administrative discretion to the Chief Executive, the Minister, the DPP and the Attorney‑General (appointments, designations, transfers, and confirmations), especially for youth detained as terror suspects (s4A, s36, s41BA, s43). Those delegation points concentrate decision power in executive and departmental actors.\n  - Compliance and burden on families: Guardians are routinely involved (attendance at conferences, signing undertakings, court attendance) and may be required to guarantee a youth's compliance (s7(3), s27, s34). That creates a compliance obligation on families.\n  - Privacy vs transparency: Strong suppression rules limit media reporting of youth matters (s13, s63C), reducing public visibility; conversely, the Victims Register gives victims targeted access to information while placing confidentiality obligations on administrators (s5A(2), (7)).\n  - Security and secrecy: Terrorism provisions allow withholding of intelligence and suspension of conditional release without disclosure to the youth (s41BA(5)–(6), s43(5)–(6)). That increases executive discretion and reduces procedural transparency in the name of public safety.\n  - Impact on private enterprise: The Act does not directly regulate most businesses, but it creates demand for community services and monitoring (community service placements, electronic monitoring for leave/home detention) and enables the Minister to designate contractor employees as \"officers of the Department\" for some functions (s49, s37A, s4A). Media organisations are directly affected by publication restrictions (s13, s63C).\n\nMain behavioural changes the law creates\n\n- Encourages diversion and restorative responses (cautions, undertakings, family conferences) instead of immediate prosecution for minor youth offending (s6–12).\n- Imposes structured supervisory regimes when detention is used: periodic reviews, conditions on release, supervised home detention and strict rules for breach and recall (s38–41C, s37A–37C).\n- Gives police, coordinators and the Training Centre Review Board authority to set rehabilitative conditions (community service, apologies, compensation) and to enforce them by referral to court if breached (s8(7), s12(8)).\n\nBottom line\n\nThe Act is a comprehensive South Australian scheme that prioritises diversion, rehabilitation and supervision for offenders under 18, while preserving criminal prosecution for serious or repeated offending. It creates multiple administrative decision points (police, Youth Justice Co‑ordinators, Training Centre Review Board, designated judicial members) and limits public reporting of youth cases. Recent additions (Victims Register, terror suspect procedures, expanded parole/review machinery, home detention details) increase executive and administrative control over release and confidentiality in the interests of community safety (see s5A, s41BA, s43)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent as no legislative text was provided. The page returned a website error, not the Act's content. No meaningful comparison between original and current scope can be made from the available material."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 'Page Not Found' error","Assessment is based only on general public knowledge of the Act, not its current operative provisions","Cannot assess recent amendments, schedules, or regulatory instruments that may add complexity","Complexity score is assigned conservatively given the absence of analysable content"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe legislation text for the **Young Offenders Act 1993 (SA)** could not be retrieved. The link or bookmark used to access it appears to be outdated following a website update on **24 March 2026** to the South Australian legislation website.\n\n**What we know about this Act generally:**\nThe Young Offenders Act 1993 is a South Australian law that governs how the justice system deals with **children and young people** (generally under 18) who are alleged to have committed criminal offences. Rather than putting young people straight through the adult court system, this Act provides for alternative approaches such as:\n- **Informal cautions** — a verbal warning from police\n- **Formal cautions** — a more structured warning, sometimes involving a family conference\n- **Family conferences** — a restorative justice process (where the young person, their family, and the victim come together to agree on how to address the harm caused)\n- **Youth Court proceedings** — for more serious matters\n\nThe Act reflects the principle that young people should be rehabilitated and reintegrated into the community where possible, rather than simply punished.\n\n**To access the actual current text**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for \"Young Offenders Act 1993\" directly."}},"importantCases":[],"_links":{"self":"/api/acts/young-offenders-act-1993","history":"/api/acts/young-offenders-act-1993/history","analysis":"/api/acts/young-offenders-act-1993/analysis","conflicts":"/api/acts/young-offenders-act-1993/conflicts","importantCases":"/api/acts/young-offenders-act-1993/important-cases","documents":"/api/acts/young-offenders-act-1993/documents"}}