{"id":"youth-court-act-1993","name":"Youth Court Act 1993","slug":"youth-court-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110916,"registerId":"sa-youth-court-act-1993-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Youth Court Act 1993","content":"South Australia\nYouth Court Act 1993\nAn Act to establish the Youth Court of South Australia; to define its jurisdiction and powers; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Youth Court of South Australia\nDivision 1—Establishment of Court\n4\tEstablishment of Court\n5\tCourt of record\n6\tSeals\nDivision 2—Jurisdiction of the Court\n7\tJurisdiction\nDivision 3—Court's duty to explain proceedings\n8\tDuty to explain proceedings\nPart 3—Composition and administration of the Court\nDivision 1—The Court's judiciary\n9\tCourt's judiciary\n10\tCourt's principal judicial officer\n10A\tAppointment and conditions of judicial registrars\n10B\tJudicial registrar ceasing to hold office and suspension\n10C\tJurisdiction of judicial registrar\nDivision 2—The Court's administrative and ancillary staff\n11\tAdministrative and ancillary staff\n12\tRegistrar\n13\tResponsibilities of staff\n13A\tSitting or acting outside State\nDivision 3—Sitting and distribution of business\n14\tConstitution of Court\n15\tTime and place of sittings\n16\tAdjournment from time to time and place to place\n17\tSegregation of proceedings\nPart 4—Evidentiary powers\n18\tPower to require attendance of witnesses and production of evidentiary material\n19\tPower to compel the giving of evidence\n20\tEntry and inspection of property\n21\tProduction of persons held in custody\nPart 5—Appellate proceedings\n22\tAppeals\n23\tReservation of question of law\nPart 6—Confidentiality of proceedings\n24\tPersons who may be present in Court\nPart 7—Miscellaneous\n26\tImmunities\n27\tContempt of Court\n28\tPunishment of contempt\n29\tAuthority for imprisonment or detention\n30\tAge\n31\tLegal process\n31A\tDeath or incapacity of judicial officer during trial\n32\tRules of Court\n33\tCourt fees\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Youth Court Act 1993.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nCourt or Youth Court means the Youth Court of South Australia;\nevidentiary material means any document, object or substance of evidentiary value in proceedings before the Court and includes any document, object or substance that should, in the opinion of the Court, be produced for the purpose of enabling the Court to determine whether or not it has evidentiary value;\njudicial office means the office of Judge, magistrate, judicial registrar or special justice;\njudicial registrar means a Youth Court judicial registrar;\njudgment includes a declaration or order;\nRegistrar means the Registrar of the Court, but does not include a judicial registrar.\nPart 2—Youth Court of South Australia\nDivision 1—Establishment of Court\n4—Establishment of Court\nThe Youth Court of South Australia is established.\n5—Court of record\nThe Court is a court of record.\n6—Seals\n\t(1)\tThe Court will have such seals as are necessary for the transaction of its business.\n\t(2)\tA document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.\nDivision 2—Jurisdiction of the Court\n7—Jurisdiction\nThe Court—\n\t(a)\thas jurisdiction to hear and determine proceedings under the Children's Protection Act 1993 and the Children and Young People (Safety) Act 2017; and\n\t(b)\thas the civil and criminal jurisdiction conferred by the Young Offenders Act 1993; and\n\t(ba)\thas the same jurisdiction as the Magistrates Court to make a non‑association or place restriction order under the Summary Procedure Act 1921 where the person who is to be subject to the order is a child or youth, and has power under that Act to vary or revoke such an order previously made by the Court; and\n\t(c)\thas the same jurisdiction as the Magistrates Court to make a restraining order under the Summary Procedure Act 1921 or an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 if the person for or against whom protection is sought is a child or youth, and has power under those Acts to vary or revoke such an order previously made by the Court; and\n\t(ca)\thas the same jurisdiction as the Magistrates Court to issue an identity theft certificate under Part 4 Division 6 of the Criminal Procedure Act 1921 if the applicant for the certificate is a child or youth and has power under that Act to vary or revoke such a certificate; and\n\t(d)\thas the powers conferred on a court or justice by the Bail Act 1985; and\n\t(e)\thas any other civil or criminal jurisdiction conferred by statute.\nDivision 3—Court's duty to explain proceedings\n8—Duty to explain proceedings\nThe Court has a duty to ensure, as far as practicable, that parties to proceedings before the Court understand the nature and the purpose of those proceedings.\nPart 3—Composition and administration of the Court\nDivision 1—The Court's judiciary\n9—Court's judiciary\n\t(1)\tThe Court's judiciary consists of—\n\t(a)\tthe Judge of the Court; and\n\t(b)\tmagistrates who are designated by proclamation as magistrates of the Court (of whom at least 2 must be designated as members of the Court's principal judiciary); and\n\t(ba)\tthe judicial registrars of the Court; and\n\t(c)\tspecial justices who are designated by proclamation as special justices of the Court.\n\t(2)\tA proclamation designating a magistrate or special justice as a member of the Court's judiciary must classify him or her as a member of the Court's principal judiciary (being those members who are to be occupied predominantly in the Court) or as a member of the Court's ancillary judiciary (being those members who are not occupied predominantly in the Court).\n\t(4)\tA proclamation under this section may be varied or revoked by subsequent proclamation.\n\t(5)\tThe fact that a judicial officer is a member of the Court's judiciary does not prevent the judicial officer from performing judicial functions unrelated to the Court.\n10—Court's principal judicial officer\n\t(1)\tThe principal judicial officer of the Court with responsibility for the administration of the Court is the Judge of the Court.\n\t(2)\tThe Judge of the Court is a Judge of the District Court designated by proclamation as the Judge of the Court.\n\t(3)\tA proclamation designating a person as the Judge of the Court must state a term (not exceeding 5 years) for which he or she is to be the Judge of the Court.\n\t(4)\tA person may, at the expiration of a term of office, be designated by subsequent proclamation as the Judge of the Court for a further term (not exceeding 5 years) stated in the proclamation.\n\t(5)\tA proclamation under this section may be varied or revoked by subsequent proclamation.\n\t(6)\tThe Judge of the Court may delegate any power or function conferred on the Judge of the Court under this Act or another Act to a magistrate who is a member of the Court's principal judiciary.\n\t(7)\tA delegation under subsection (6) is revocable at will and does not derogate from the power of the Judge of the Court to act himself or herself in any matter.\n\t(7a)\tThe Judge of the Court may, by instrument in writing, delegate a judicial function conferred on the Judge of the Court under this Act or another Act to a Judge of the District Court (including a person appointed under the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 to act in the office of Judge of the District Court on an auxiliary basis).\n\t(7b)\tA delegation under subsection (7a)—\n\t(a)\tis revocable at will; and\n\t(b)\tdoes not derogate from the power of the Judge of the Court to act in any matter.\n\t(7c)\tTo avoid doubt, delegation of a judicial function under subsection (7a) to a Judge does not result in the Judge being a member of the Court's principal judiciary.\n\t(8)\tIn the absence of the Judge of the Court from official duties as the principal judicial officer of the Court, the Governor may nominate a Judge of the District Court to act in the office of the Judge of the Court.\n\t(10)\tThe Judge of the Court may exercise the powers of the Chief Magistrate under the Magistrates Act 1983 in place of the Chief Magistrate in relation to a magistrate who is a member of the Court's principal judiciary.\n\t(11)\tThe appointment of a person as the Judge of the Court does not prevent the person while holding such office from simultaneously holding the office, and performing the duties and exercising the powers, of a Judge of the District Court.\n10A—Appointment and conditions of judicial registrars\n\t(1)\tThe Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Judge of the Court, appoint a legal practitioner of at least 5 years standing to be a Youth Court judicial registrar.\n\t(2)\tThe term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Judge of the Court, and specified in the instrument of appointment.\n\t(3)\tAn appointment of a judicial registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis.\n\t(4)\tHowever, a judicial registrar not appointed on a part‑time basis may, by written agreement with the Judge of the Court made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement.\n\t(5)\tAn instrument appointing a judicial registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the judicial registrar will ordinarily be required to work, expressed as a proportion of the time a judicial registrar appointed on a full‑time basis is ordinarily required to work.\n\t(6)\tThe hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the judicial registrar and the Judge of the Court made with the approval of the Attorney‑General.\n\t(7)\tThe remuneration determined by the Governor with the concurrence of the Judge of the Court and specified in the instrument of appointment may not be reduced by subsequent determination.\n\t(8)\tHowever, a judicial registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a judicial registrar appointed on a full‑time basis.\n\t(9)\tFor the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of judicial registrar, periods of legal practice within and outside the State will be taken into account.\n\t(10)\tA person appointed as a judicial registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Judge of the Court, eligible for reappointment at the expiration of a term of office.\n\t(11)\tA judicial registrar may, with the approval of the Attorney‑General and the concurrence of the Judge of the Court, concurrently hold office as a member of the Court's non‑judicial staff if the non‑judicial office is compatible with the judicial office.\n10B—Judicial registrar ceasing to hold office and suspension\n\t(1)\tThe Governor may, on the recommendation of the Attorney‑General, remove a judicial registrar from office for—\n\t(a)\tmental or physical incapacity to carry out official duties satisfactorily; or\n\t(b)\tneglect of duty; or\n\t(c)\tdishonourable conduct.\n\t(2)\tA judicial registrar ceases to hold office if the judicial registrar—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Attorney‑General; or\n\t(d)\tceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of judicial registrar; or\n\t(e)\tis removed from office under subsection (1).\n\t(3)\tThe Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Judge of the Court.\n\t(4)\tThe Judge of the Court may, on the Judge's own initiative or at the request of the Attorney‑General, suspend a judicial registrar from office if it appears that there may be grounds for the removal of the judicial registrar from office.\n\t(5)\tIf a judicial registrar is suspended under subsection (4), the judicial registrar remains entitled to the judicial registrar's usual remuneration and allowances during the period of suspension.\n10C—Jurisdiction of judicial registrar\nSubject to the regulations, judicial registrars may exercise such jurisdiction of the Court as assigned by the Judge of the Court or the rules.\nDivision 2—The Court's administrative and ancillary staff\n11—Administrative and ancillary staff\n\t(1)\tThe Court's administrative and ancillary staff consists of—\n\t(a)\tthe Registrar; and\n\t(b)\tany other persons appointed to the non-judicial staff of the Court.\n\t(2)\tThe Court's administrative and ancillary staff will be appointed under the Courts Administration Act 1993.\n12—Registrar\n\t(1)\tThe Registrar is the Court's principal administrative officer.\n\t(2)\tA person cannot be appointed to the office of Registrar of the Court, nor can a person holding that office be dismissed or reduced in status, except on the recommendation, or with the concurrence, of the Judge of the Court.\n13—Responsibilities of staff\nA member of the Court's administrative or ancillary staff 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.\n13A—Sitting or acting outside State\n\t(1)\tIf the Court is required to perform its functions at a place outside the State, the Minister may appoint as a member of the non‑judicial staff of the Court at the place—\n\t(a)\ta person who holds office as a registrar or other officer of a court of the jurisdiction in which the place is located; or\n\t(b)\tany other person.\n\t(2)\tThe Courts Administration Act 1993 applies—\n\t(a)\twith any modifications and exclusions required by the context; and\n\t(b)\twith prescribed modifications and exclusions,\nin relation to an appointment (and to the person subject to an appointment) under subsection (1).\n\t(3)\tThe conditions of service of a person appointed under subsection (1) will be as determined by the Minister.\n\t(4)\tA person appointed under subsection (1)(a) ceases to hold office if the person ceases to hold office as an officer of the court of the other jurisdiction.\n\t(5)\tA member of the Court's administrative and ancillary staff may, with the approval of the State Courts Administrator, concurrently hold office as an officer of a court of another jurisdiction.\nDivision 3—Sitting and distribution of business\n14—Constitution of Court\n\t(1)\tSubject to this Act, the Court, when sitting to adjudicate on any matter, must be constituted of the Judge of the Court, a magistrate or a judicial registrar.\n\t(2)\tThe Court may not impose a sentence of detention of more than 3 years in criminal proceedings.\n\t(2a)\tThe Court, when constituted of a judicial registrar in criminal proceedings, may not impose a sentence of detention.\n\t(3)\tThe Court may be constituted of a special justice if neither the Judge of the Court nor a magistrate or judicial registrar is available to constitute the Court but, when so constituted, the Court may not—\n\t(a)\thear and determine a charge of an indictable offence; or\n\t(b)\timpose a sentence of detention in criminal proceedings; or\n\t(c)\thear and determine proceedings in which an order for the protection or care of a child is sought.\n\t(5)\tIf the Court, when constituted of a judicial registrar or special justice in criminal proceedings, is of the opinion that the limitation on its powers imposed under this section prevents it from imposing an appropriate sentence, the Court may adjourn the question of sentence for hearing and determination by the Judge of the Court or a magistrate.\n\t(6)\tThe Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.\n\t(7)\tA judicial registrar, Registrar or special justice may—\n\t(a)\tissue summonses and warrants on behalf of the Court; or\n\t(b)\tadjourn proceedings; or\n\t(c)\texercise any procedural or non-judicial powers assigned by the rules.\n15—Time and place of sittings\n\t(1)\tThe Court may sit at any time (including a Sunday).\n\t(2)\tThe Court may sit at any place (either in or outside the State).\n\t(3)\tThe Court will sit at such times and places as the Judge of the Court directs.\n\t(4)\tRegistries of the Court will be maintained at such places (either within or outside the State) as the Governor may determine.\n16—Adjournment from time to time and place to place\nThe Court may—\n\t(a)\tadjourn proceedings from time to time and from place to place; or\n\t(b)\tadjourn proceedings to a time and place to be fixed; or\n\t(c)\torder the transfer of proceedings from place to place.\n17—Segregation of proceedings\nThe Court should, as far as practicable, segregate civil and criminal proceedings.\nPart 4—Evidentiary powers\n18—Power to require attendance of witnesses and production of evidentiary material\n\t(1)\tThe Court may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Court at a specified time and place to give evidence or to produce evidentiary material (or both).\n\t(2)\tA summons to produce evidentiary material may, instead of providing for production of the material before the Court, provide for production of the material to an officer of the Court nominated in the summons.\n\t(3)\tIf—\n\t(a)\ta person fails to comply with a summons under subsection (1); or\n\t(b)\tthere are grounds for believing that, if such a summons were issued, a person would not comply with it,\nthe Court may issue a warrant to have the person arrested and brought before the Court.\n19—Power to compel the giving of evidence\n\t(1)\tA person who is called to give evidence or to produce evidentiary material before the Court and—\n\t(a)\trefuses or fails to make an oath or affirmation when required to do so by the Court; or\n\t(b)\trefuses or fails to give evidence on a subject on which that person is compellable to give evidence; or\n\t(c)\trefuses or fails, without reasonable excuse, to produce evidentiary material that the person is required by the Court to produce,\ncommits a contempt of the Court.\n\t(2)\tThis section applies whether the person was summoned before the Court, brought before the Court on a warrant, or came to the Court of his or her own volition.\n20—Entry and inspection of property\n\t(1)\tThe Court may enter any land or building and carry out an inspection that the Court considers relevant to a proceeding before the Court.\n\t(2)\tThe Court may authorise an officer of the Court to enter any land or building and carry out an inspection that the Court considers relevant to a proceeding before the Court.\n\t(3)\tA person who obstructs the Court, or a person authorised by the Court, in the exercise of a power of entry of inspection under this section commits a contempt of the Court.\n21—Production of persons held in custody\nIf the Court requires the attendance before it of any person who is held in custody in the State, the Court may—\n\t(a)\tissue a summons or a notice requiring the custodian to produce the person before the Court at a nominated time and place; or\n\t(b)\tissue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring him or her before the Court.\nPart 5—Appellate proceedings\n22—Appeals\n\t(1)\tA party to proceedings in the Court may, in accordance with the rules of the appellate court, appeal against any judgment given in the proceedings (including an acquittal on a charge of a summary or indictable offence) but an appeal does not lie against a judgment in committal proceedings.\n\t(2)\tThe appeal lies—\n\t(a)\tif the judgment is given by the Judge of the Court—\n\t(i)\tin the case of an interlocutory judgment—to a single Judge in the General Division of the Supreme Court; or\n\t(ii)\tin any other case—to the Court of Appeal; or\n\t(b)\tif the judgment is given by a magistrate or judicial registrar—\n\t(i)\tin the case of an interlocutory judgment—to the Judge of the Court; or\n\t(ii)\tin the case of an action relating to a major indictable offence—to the Court of Appeal; or\n\t(iii)\tin any other case—to the Supreme Court constituted of a single Judge; or\n\t(c)\tif the judgment (including an interlocutory judgment) is given by a special justice—to a single Judge in the General Division of the Supreme Court.\n\t(3)\tOn the appeal, the appellate court may exercise any one or more of the following powers:\n\t(a)\tit may confirm, vary or quash the judgment subject to the appeal and, if the court thinks the interests of justice so require, it may vary or quash any other judgment given in the same or related proceedings;\n\t(b)\tit may remit the matter for hearing or further hearing;\n\t(c)\tit may make any other order (including an order for costs) that may be necessary or desirable in the circumstances.\n23—Reservation of question of law\n\t(1)\tThe Court may reserve any question of law arising in proceedings (except committal proceedings) for determination by the Supreme Court.\n\t(2)\tThe Supreme Court may determine the question reserved and give any consequential orders or directions that may be appropriate in the circumstances of the case.\nPart 6—Confidentiality of proceedings\n24—Persons who may be present in Court\n\t(1)\tSubject to this section, no person may be present at any sitting of the Court except—\n\t(a)\tofficers of the Court;\n\t(ab)\tofficers or employees of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016;\n\t(b)\tofficers or employees of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Family and Community Services Act 1972;\n\t(c)\tparties to the proceedings and their legal representatives;\n\t(d)\twitnesses while giving evidence or permitted by the Court to remain in the Court;\n\t(e)\ta guardian of the child or youth to whom the proceedings relate;\n\t(f)\tif the proceedings relate to an offence or alleged offence—\n\t(i)\tan alleged victim of the offence and a person chosen by the victim to provide support for the victim;\n\t(ii)\ta genuine representative of the news media;\n\t(iii)\tif a guardian of the youth who committed, or is alleged to have committed, the offence is not present—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(h)\tany other persons authorised by the Court to be present.\n\t(1a)\tFor the purposes of subsection (1)(f)(i) it is irrelevant if the proceedings also relate to other offences or alleged offences.\n\t(2)\tThe Court may, however, exclude any of those persons from the Court if the Court considers it necessary to do so in the interests of the proper administration of justice.\nPart 7—Miscellaneous\n26—Immunities\n\t(1)\tThe Judge of the Court, or a magistrate, judicial registrar, special justice or any other person exercising the jurisdiction of the Court has the same privileges and immunities from liability as a Judge of the Supreme Court.\n\t(2)\tA non‑judicial officer of the Court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.\n27—Contempt of Court\nA person who—\n\t(a)\tinterrupts the proceedings of the Court or misbehaves before the Court; or\n\t(b)\tinsults the Judge of the Court or a magistrate, judicial registrar, Registrar or other officer of the Court who is acting in the exercise of official functions; or\n\t(c)\trefuses, in the face of the Court, to obey a lawful direction of the Court,\nis guilty of a contempt of the Court.\n28—Punishment of contempt\nThe Court may punish a contempt as follows:\n\t(a)\tif the person guilty of the contempt is a child or youth—it may impose a fine not exceeding $2 500 or commit the child or youth to a training centre for a period not exceeding 6 months;\n\t(b)\tif the person guilty of the contempt is an adult—it may impose a fine not exceeding $10 000 or commit the person to prison for a period not exceeding 2 years.\n29—Authority for imprisonment or detention\n\t(1)\tIf the Court makes an order for imprisonment or detention, a copy of the order under the Court's seal is a sufficient warrant to apprehend the person against whom the order was made, to take that person to the prison, training centre or other place contemplated by the order, and to imprison or detain that person in accordance with the order.\n\t(2)\tThe Court may, however, issue a warrant for the person's apprehension and imprisonment or detention if the Court considers it appropriate to do so.\n30—Age\nIf the Court does not have available to it satisfactory evidence of the age of a person in relation to whom proceedings have been brought before the Court, the Court may make its own estimate of the age of that person and act on the basis of that estimate.\n31—Legal process\n\t(1)\tAny process of the Court may be issued, served or executed on a Sunday as well as any other day.\n\t(2)\tThe validity of process is not affected by the fact that the person who issued it dies or ceases to hold office.\n31A—Death or incapacity of judicial officer during trial\nIf, during the course of a civil or criminal trial, the presiding judicial officer dies or is incapacitated—\n\t(a)\tif reasons for judgment in final form were prepared by the presiding judicial officer—another judicial officer appointed by the Judge of the Court may publish the reasons and grant judgment in accordance with them; or\n\t(b)\tin any other case—another judicial officer appointed by the Judge of the Court may complete the hearing and determination of the proceeding and—\n\t(i)\trehear evidence and submissions to the extent that the judicial officer thinks fit; and\n\t(ii)\tmake orders as appropriate.\n32—Rules of Court\n\t(1)\tRules of the Court may be made—\n\t(a)\tregulating the business of the Court and the duties of the various officers of the Court;\n\t(b)\tregulating the custody and use of the Court's seals;\n\t(ba)\tregulating the making of bail applications, including limiting the making of bail applications to the Court in circumstances where the application may be made to another court;\n\t(c)\tregulating the practice and procedure of the Court;\n\t(d)\tregulating the form in which evidence is taken or received by the Court;\n\t(e)\tregulating costs;\n\t(f)\tdealing with any other matter necessary or expedient for the effective and efficient operation of the Court.\n\t(2)\tThe rules may be made by the Judge of the Court and the magistrates who are members of the principal judiciary of the Court.\n\t(3)\tRules of the Court take effect from the date of publication in the Gazette or some later date specified in the rules.\n33—Court fees\n\t(1)\tThe Governor may, by regulation, prescribe and provide for the payment of fees in relation to proceedings in the Court.\n\t(2)\tThe Court may remit or reduce a fee on account of the poverty of the party by whom the fee is payable or for any other proper reason.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\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.\nLegislation amended by principal Act\nThe Youth Court Act 1993 amended the following:\nCourts Administration Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1993\n58\n Youth Court Act 1993\n27.5.1993\n1.1.1994 (Gazette 4.11.1993 p2177)\n1995\n85\n Statutes Amendment (Courts Administration Staff) Act 1995\n30.11.1995\n14.12.1995 (Gazette 14.12.1995 p1641)\n1996\n68\n Statutes Amendment (Sentencing of Young Offenders) Act 1996\n15.8.1996\n8.10.1996 (Gazette 29.8.1996 p810)\n1998\n5\n Statutes Amendment (Attorney-General's Portfolio) Act 1998\n3.9.1998\nPt 14 (s 23)—13.12.1998 (Gazette 3.12.1998 p1676)\n1999\n42\n Statutes Amendment and Repeal (Justice Portfolio) Act 1999\n5.8.1999\nPt 14 (s 60)—3.10.1999 (Gazette 23.9.1999 p1208)\n2001\n14\n Youth Court (Judicial Tenure) Amendment Act 2001\n12.4.2001\n12.4.2001\n2004\n23\n Statutes Amendment (Courts) Act 2004\n8.7.2004\nPt 11 (s 29)—1.9.2004 (Gazette 26.8.2004 p3402)\n2005\n56\n Justices of the Peace Act 2005\n17.11.2005\nSch 2 (cll 46—50)—1.7.2006 (Gazette 22.6.2006 p2012)\n2007\n48\n Statutes Amendment (Victims of Crime) Act 2007\n8.11.2007\nPt 6 (s 18)—17.7.2008 (Gazette 17.7.2008 p3372)\n2009\n18\n Cross-border Justice Act 2009\n21.5.2009\nSch 1 (cll 5 & 6)—1.12.2009 (Gazette 29.10.2009 p4982)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 169 (ss 383 & 384)—1.2.2010 (Gazette 28.1.2010 p320)\n2009\n85\n Intervention Orders (Prevention of Abuse) Act 2009\n10.12.2009\nSch 1 (cl 35)—9.12.2011 (Gazette 20.10.2011 p4269)\n2012\n12\n Statutes Amendment (Serious and Organised Crime) Act 2012\n10.5.2012\nPt 13 (s 51)—17.6.2012 (Gazette 14.6.2012 p2756)\n2012\n43\n Statutes Amendment (Courts Efficiency Reforms) Act 2012\n22.11.2012\nPt 15 (ss 45—47)—1.7.2013 (Gazette 16.5.2013 p1541)\n2013\n47\n Statutes Amendment (Attorney-General's Portfolio No 2) Act 2013\n24.10.2013\nPt 10 (s 15)—17.5.2014 (Gazette 8.5.2014 p1630)\n2016\n6\n Youth Justice Administration Act 2016\n17.3.2016\nSch 1 (cl 29)—1.12.2016 (Gazette 8.9.2016 p3677)\n2016\n32\n Statutes Amendment (Youth Court) Act 2016\n30.6.2016\nPt 2 (ss 4—11)—1.1.2017 (Gazette 8.12.2016 p4903)\n2016\n62\n Statutes Amendment (Courts and Justice Measures) Act 2016\n8.12.2016\nPt 11 (s 17)—1.1.2017 immediately after s 4 of 32/2016 s 4: s 2(2)\n2017\n10\n Statutes Amendment (Judicial Registrars) Act 2017\n11.4.2017\nPt 6 (ss 43—49)—23.5.2017 (Gazette 23.5.2017 p1725)\n2017\n18\n Summary Procedure (Indictable Offences) Amendment Act 2017\n14.6.2017\nSch 2 (cll 39—41)—5.3.2018 (Gazette 12.12.2017 p4961)\n2017\n64\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 22 (s 147)—26.2.2018 (Gazette 19.12.2017 p5119)\n2019\n21\n Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 19 (s 28)—19.9.2019: s 2(1)\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 88)—1.1.2021 (Gazette 10.12.2020 p5638)\n2020\n34\n Statutes Amendment (Attorney-General's Portfolio) Act 2020\n1.10.2020\nPt 9 (s 16)—1.1.2021 immediately after s 4 of Statutes Amendment (Bail Authorities) Act 2020: s 2(3)\n2023\n2\n Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2023\n23.2.2023\nPt 3 (s 5)—1.5.2023 (Gazette 27.4.2023 p862)\n2023\n4\n Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023\n23.2.2023\nPt 17 (s 34)—22.6.2023 (Gazette 15.6.2023 p1774)\n2024\n29\n Statutes Amendment (Identity Theft) Act 2024\n19.9.2024\nPt 5 (s 10)—1.4.2025 (Gazette 13.2.2025 p138)\n2025\n9\n Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025\n12.3.2025\nPt 13 (s 22)—26.5.2025 (Gazette 22.5.2025 p1243)\n2025\n25\n Children and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cl 42)—uncommenced\n2025\n76\n Workplace Protection (Personal Violence) Act 2025\n4.12.2025\nSch 1 (cl 1)—4.5.2026 (Gazette 12.2.2026 p244)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.9.2004\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.9.2004\ns 3\n\n\nDepartment\ndeleted by 84/2009 s 383\n1.2.2010\njudicial office\namended by 56/2005 Sch 2 cl 46\n1.7.2006\n\namended by 10/2017 s 43(1)\n23.5.2017\njudicial registrar\ninserted by 10/2017 s 43(2)\n23.5.2017\nRegistrar\namended by 10/2017 s 43(3)\n23.5.2017\nPt 2\n\n\ns 7\namended by 68/1996 s 65\n8.10.1996\n\namended by 85/2009 Sch 1 cl 35\n9.12.2011\n\namended by 12/2012 s 51\n17.6.2012\n\namended by 64/2017 s 147\n26.2.2018\n\namended by 29/2024 s 10\n1.4.2025\nPt 3\n\n\ns 9 before substitution by 32/2016\n\n\ns 9(1)\namended by 56/2005 Sch 2 cl 47(1)\n1.7.2006\ns 9(5)\namended by 56/2005 Sch 2 cl 47(2)\n1.7.2006\ns 9(9)\namended by 59/1998 s 23\n13.12.1998\n\nsubstituted by 14/2001 s 2\n12.4.2001\ns 9\nsubstituted by 32/2016 s 4 \n1.1.2017\ns 9(1)\namended by 10/2017 s 44\n23.5.2017\ns 9(3)\ndeleted by 4/2023 s 34\n22.6.2023\ns 10 before substitution by 32/2016\n\n\ns 10(4)\ninserted by 68/1996 s 66\n8.10.1996\ns 10\nsubstituted by 32/2016 s 4\n1.1.2017\ns 10(7a)—(7c)\ninserted by 2/2023 s 5\n1.5.2023\ns 10(9)\ndeleted by 62/2016 s 17\n1.1.2017\nss 10A—10C\ninserted by 10/2017 s 45\n23.5.2017\ns 11\n\n\ns 11(2)\namended by 85/1995 s 19\n14.12.1995\ns 12\n\n\ns 12(2)\namended by 32/2016 s 5\n1.1.2017\ns 13\namended by 32/2016 s 6\n1.1.2017\ns 13A\ninserted by 18/2009 Sch 1 cl 5\n1.12.2009\ns 14\n\n\ns 14(1)\namended by 32/2016 s 7(1)\n1.1.2017\n\namended by 10/2017 s 46(1), (2)\n23.5.2017\ns 14(2)\namended by 43/2012 s 45(1)\n1.7.2013\n\nsubstituted by 32/2016 s 7(2)\n1.1.2017\ns 14(2a)\ninserted by 43/2012 s 45(2)\n1.7.2013\n\ndeleted by 32/2016 s 7(2)\n1.1.2017\n\ninserted by 10/2017 s 46(3)\n23.5.2017\ns 14(3)\nsubstituted by 32/2016 s 7(2)\n1.1.2017\n\namended by 10/2017 s 46(4)\n23.5.2017\ns 14(4)\namended by 56/2005 Sch 2 cl 48(1)\n1.7.2006\n\ndeleted by 32/2016 s 7(2)\n1.1.2017\ns 14(5)\namended by 56/2005 Sch 2 cl 48(2)\n1.7.2006\n\namended by 32/2016 s 7(3), (4)\n1.1.2017\n\namended by 10/2017 s 46(5)\n23.5.2017\ns 14(7)\namended by 56/2005 Sch 2 cl 48(3)\n1.7.2006\n\namended by 10/2017 s 46(6)\n23.5.2017\ns 15\n\n\ns 15(3)\namended by 32/2016 s 8\n1.1.2017\ns 15(4)\ninserted by 18/2009 Sch 1 cl 6\n1.12.2009\nPt 5\n\n\ns 22\n\n\ns 22(1)\namended by 32/2016 s 9(1)\n1.1.2017\n\namended by 18/2017 Sch 2 cl 39\n5.3.2018\ns 22(2)\namended by 56/2005 Sch 2 cl 49(1), (2)\n1.7.2006\n\namended by 43/2012 s 46\n1.7.2013\n\nsubstituted by 32/2016 s 9(2)\n1.1.2017\n\namended by 10/2017 s 47\n23.5.2017\n\nsubstituted by 45/2019 Sch 1 cl 88\n1.1.2021\ns 22(2a)\ninserted by 47/2013 s 15\n17.5.2014\n\namended by 32/2016 s 9(3)\n1.1.2017\n\ndeleted by 45/2019 Sch 1 cl 88\n1.1.2021\ns 22(2b)\ninserted by 47/2013 s 15\n17.5.2014\n\ndeleted by 45/2019 Sch 1 cl 88\n1.1.2021\ns 23\n\n\ns 23(1)\namended by 18/2017 Sch 2 cl 40\n5.3.2018\nPt 6\n\n\ns 24\n\n\ns 24(1)\n(g) deleted by 23/2004 s 29\n1.9.2004\n\namended by 84/2009 s 384\n1.2.2010\n\namended by 6/2016 Sch 1 cl 29\n1.12.2016\ns 24(1a)\ninserted by 48/2007 s 18\n17.7.2008\ns 25\namended by 68/1996 s 67\n8.10.1996\n\ndeleted by 42/1999 s 60\n3.10.1999\nPt 7\n\n\ns 26\nsubstituted by 10/2017 s 48\n23.5.2017\ns 26(1)\namended by 21/2019 s 28\n19.9.2019\ns 27\namended by 10/2017 s 49\n23.5.2017\ns 28\namended by 68/1996 s 68\n8.10.1996\ns 31A\ninserted by 9/2025 s 22\n26.5.2025\ns 32\n\n\ns 32(1)\namended by 34/2020 s 16\n1.1.2021\ns 32(2)\namended by 68/1996 s 69\n8.10.1996\n\namended by 32/2016 s 10\n1.1.2017\nSch\nomitted under Legislation Revision and Publication Act 2002\n1.9.2004\nTransitional etc provisions associated with Act or amendments\nStatutes Repeal and Amendment (Children's Protection and Young Offenders) Act 1993\n18—Transitional provisions—Youth Court\nOn the commencement of the Youth Court Act 1993 the non-judicial staff of the Children's Court of South Australia are transferred to corresponding positions on the staff of the Youth Court of South Australia.\n21—Interpretation of Acts and instruments\nThe following provisions apply to the interpretation of Acts and instruments (whether of a legislative character or not):\n\t(a)\ta reference to the Children's Court of South Australia will be construed as a reference to the Youth Court of South Australia;\n\t(b)\ta reference to an officer of the Children's Court of South Australia will be construed as a reference to an officer with corresponding functions and responsibilities in relation to the Youth Court of South Australia.\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.\nJustices of the Peace Act 2005, Sch 2\n50—Transitional provision\nAn amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the Youth Court Act 1993 does not apply in respect of proceedings commenced before the commencement of the amending provision (and those proceedings may continue as if the amending provision had not been enacted).\nStatutes Amendment (Courts Efficiency Reforms) Act 2012\n47—Transitional provision\nThe amendments made to the Youth Court Act 1993 by this Part apply in respect of the sentencing of a person by the Youth Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) only if the proceedings for the relevant offence were commenced on or after that commencement.\nStatutes Amendment (Youth Court) Act 2016\n11—Transitional provision\n\t(1)\tA person who was the Senior Judge or a Judge of the Youth Court immediately before the commencement day may sit as a member of the Court for the purpose of continuing and completing the hearing and determination of proceedings that are, on the commencement day, part heard.\n\t(2)\tA person who is, immediately before the commencement day, designated by proclamation as a magistrate of the Court or as a special justice of the Court will, after the commencement day, continue to be a magistrate of the Court or a special justice of the Court (as the case may be) of the classification, and for the term (if any), specified in the proclamation.\n\t(3)\tSubject to subsection (4), section 22 of the Youth Court Act 1993 as in force on and after the commencement day applies in relation to an appeal that has been lodged but not heard or determined before the commencement day.\n\t(4)\tSection 22(2) as in force immediately before the commencement day continues to apply in relation to an appeal against a judgment given in the Court by a Judge who, after the commencement day, is no longer a member of the Youth Court's judiciary.\n\t(5)\tIn this section—\ncommencement day means the day on which this Part comes into operation.\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—14.12.1995\n\nReprint No 2—8.10.1996\n\nReprint No 3—13.12.1998\n\nReprint No 4—3.10.1999\n\nReprint No 5—12.4.2001\n\n1.9.2004\n\n1.7.2006\n\n17.7.2008\n\n1.12.2009\n\n1.2.2010\n\n9.12.2011\n\n17.6.2012\n\n1.7.2013\n\n17.5.2014\n\n1.12.2016\n\n1.1.2017\n\n23.5.2017\n\n26.2.2018 (electronic only)\n\n5.3.2018\n\n19.9.2019\n\n1.1.2021\n\n1.5.2023\n\n22.6.2023\n\n1.4.2025\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1993 purpose of establishing a youth court with jurisdiction under the Children's Protection Act and Young Offenders Act. Through numerous amendments (particularly in 2009, 2012, 2016, 2017, 2019, 2023, 2024, and 2025), the court now handles: intervention orders under family violence legislation (2009), identity theft certificates (2024), non-association and place restriction orders (2012), and cross-border justice matters (2009). The 2016 and 2017 amendments fundamentally restructured the judiciary, replacing the previous multi-Judge system with a single Judge model and introducing judicial registrars as a new tier of judicial officers. The 2025 amendment added provisions for death or incapacity of judicial officers during trial. The court has evolved from a specialised children's court into a complex multi-jurisdictional body handling both civil and criminal matters with intricate appellate pathways."},"complexity_factors":["Multiple overlapping jurisdictions drawing powers from at least 6 other Acts (*Children's Protection Act 1993*, *Children and Young People (Safety) Act 2017*, *Young Offenders Act 1993*, *Summary Procedure Act 1921*, *Intervention Orders (Prevention of Abuse) Act 2009*, *Criminal Procedure Act 1921*, *Bail Act 1985*)","Complex appellate structure in section 22 with different appeal paths depending on (a) which judicial officer gave the judgment, (b) whether it's interlocutory or final, and (c) the type of offence","Detailed procedural rules for judicial registrars including part-time work arrangements, suspension procedures, and delegated jurisdiction (sections 10A-10C)","Nested limitations on sentencing powers based on who constitutes the court (section 14): 3-year detention cap generally, no detention if judicial registrar presides, additional restrictions if special justice presides","Multiple transitional provisions in the legislative history affecting which version of provisions apply to proceedings commenced at different times","Cross-references to *Courts Administration Act 1993* for staffing and *Magistrates Act 1983* for administrative powers"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Youth Court of South Australia** — a special court that handles legal matters involving children and young people. It sets up the court's structure, decides what cases it can hear, and establishes rules for how it operates.\n\n**Who it affects:**\n\n- **Children and young people** (roughly under 18) who are accused of crimes, need protection, or are involved in family disputes\n- **Families** dealing with child protection matters or intervention orders\n- **Victims of youth crime** who want to attend court\n- **Judges, magistrates, and court staff** who work in the Youth Court\n\n**Key things the law covers:**\n\n- **What cases the court handles:** Criminal charges against young people, child protection cases (under the *Children's Protection Act* and *Children and Young People (Safety) Act*), family violence intervention orders, restraining orders, and bail applications\n- **Who can hear cases:** A Judge, magistrate, judicial registrar, or (in limited circumstances) a special justice\n- **Privacy protections:** Court hearings are closed to the public — only specific people like parties, lawyers, victims, and media representatives can attend\n- **Special duties:** The court must explain proceedings so that young people understand what's happening\n- **Powers:** The court can summon witnesses, inspect property, and punish people who disrupt proceedings (contempt of court)\n- **Appeals:** Decisions can be appealed to higher courts depending on who made the original decision\n\n**Why it matters:**\n\nThis law recognises that children and young people need a different justice system than adults. It balances accountability for wrongdoing with rehabilitation and protection, while keeping sensitive proceedings private to protect young people's futures."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been changed and expanded by later amendments recorded in the legislative history. Notable scope changes include: additions in s 7 giving the Youth Court the same jurisdiction as the Magistrates Court to make non‑association/place restriction orders and restraining/intervention orders where a child or youth is involved (see s 7(ba) and (c)); authority to issue identity theft certificates where the applicant is a child or youth (s 7(ca), added by later amendment); the insertion of statutory provisions for appointment, tenure and powers of judicial registrars (ss 10A–10C, inserted 2017); and added delegation pathways for the Judge to delegate judicial functions to District Court Judges (ss 10(7a)–(7c), inserted 2023). These amendments broadened the Court’s procedural and remedial interfaces with other regimes and introduced new administrative and appointment structures, increasing both jurisdictional reach and internal delegation options (see ss 7, 10, 10A–10C and the legislative history entries)."},"complexity_factors":["Multiple cross‑references to other statutes for jurisdictional scope (s 7 references several Acts), increasing legal interdependence and interpretive complexity.","Layered appointment and removal procedures with involvement of Governor, Attorney‑General and Judge (ss 10, 10A, 10B), creating multiple decision nodes and procedural safeguards.","Delegation of judicial functions to magistrates, judicial registrars and other Judges with differing limits depending on who sits (ss 10(6), 10(7a)–(7c), 14), producing different operational regimes.","Existence of both judicial and non‑judicial roles with distinct appointment, remuneration and concurrency rules (ss 10A(1)–(11); ss 11–13), increasing HR and administrative complexity.","Detailed procedural powers to summon, compel, inspect and enter property (ss 18–21) that interact with contempt, warrants and custody provisions (ss 19, 21, 27–29).","Tiered appellate routes depending on which judicial officer gave judgment (s 22), requiring careful procedural mapping for appeals.","Confidentiality and restricted public attendance rules combined with discretion for exclusions (s 24) that require case‑by‑case judicial management.","Significant amendment history over decades with multiple insertions and deletions (legislative history), meaning practitioners must track consolidated and uncommenced changes."],"plain_english_summary":"The Youth Court Act 1993 establishes a specialist Youth Court in South Australia, defining its jurisdiction, powers to compel evidence and inspect property, and rules for confidentiality, appeals and contempt. It affects children and young people in criminal, protection or related proceedings, their representatives and witnesses, and the State as funder and appointing authority. Why it matters: it centralises youth matters into a tailored forum that changes who decides cases and how they are processed."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be performed as the legislative text was not accessible. No comparison between original intent and current provisions is possible from the data provided."},"complexity_factors":["Unable to retrieve actual legislative text — analysis is based on general knowledge only","Court establishment Acts typically involve moderate procedural complexity","Intersection of criminal law, child protection law, and family law jurisdictions adds some complexity","Score is conservatively low given no text was available to assess amendments, schedules, or cross-references"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully retrieve the text of the *Youth Court Act 1993* (SA). Instead, it returned a **Page Not Found** error from the South Australian legislation website, likely because the hyperlink was created before a website update on 24 March 2026 and is now broken.\n\n**What is the Youth Court Act 1993 generally about?**\n\nBased on general legal knowledge, the *Youth Court Act 1993* (SA) establishes the Youth Court of South Australia — a specialist court that deals with:\n- **Criminal matters** involving young people (generally under 18)\n- **Child protection** matters (such as care and guardianship decisions)\n- Certain **family-related** proceedings involving children\n\nIt sets out how the court is constituted (who sits on it), its jurisdiction (what cases it can hear), and the procedures it follows. The Act is particularly relevant to **parents, carers, young people who come into contact with the justice system, and child protection workers**.\n\n⚠️ **Important:** Because the actual legislative text could not be retrieved, no detailed or current analysis of specific provisions can be provided. You should access the current version directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au) by searching for the Act by name."}},"importantCases":[],"_links":{"self":"/api/acts/youth-court-act-1993","history":"/api/acts/youth-court-act-1993/history","analysis":"/api/acts/youth-court-act-1993/analysis","conflicts":"/api/acts/youth-court-act-1993/conflicts","importantCases":"/api/acts/youth-court-act-1993/important-cases","documents":"/api/acts/youth-court-act-1993/documents"}}