{"id":"qld:act-1992-044","name":"Youth Justice Act 1992","slug":"youth-justice-act-1992","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"44 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104819,"registerId":"qld-act-1992-044-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Youth Justice Act 1992 .\ns 1 amd 2009 No. 34 s 9","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Objectives of Act","content":"### sec.2 Objectives of Act\n\nThe principal objectives of this Act are—\nto establish the basis for the administration of juvenile justice; and\nto establish a code for dealing with children who have, or are alleged to have, committed offences; and\nto provide for the jurisdiction and proceedings of courts dealing with children; and\nto ensure that courts that deal with children who have committed offences deal with them according to principles established under this Act; and\nto recognise the importance of families of children and communities, in particular Aboriginal and Torres Strait Islander communities, in the provision of services designed to—\nrehabilitate children who commit offences; and\nreintegrate children who commit offences into the community.\ns 2 prev s 2 om 2 April 1997 RA s 37\n- (a) to establish the basis for the administration of juvenile justice; and\n- (b) to establish a code for dealing with children who have, or are alleged to have, committed offences; and\n- (c) to provide for the jurisdiction and proceedings of courts dealing with children; and\n- (d) to ensure that courts that deal with children who have committed offences deal with them according to principles established under this Act; and\n- (e) to recognise the importance of families of children and communities, in particular Aboriginal and Torres Strait Islander communities, in the provision of services designed to— (i) rehabilitate children who commit offences; and (ii) reintegrate children who commit offences into the community.\n- (i) rehabilitate children who commit offences; and\n- (ii) reintegrate children who commit offences into the community.\n- (i) rehabilitate children who commit offences; and\n- (ii) reintegrate children who commit offences into the community.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Youth justice principles","content":"### sec.3 Youth justice principles\n\nSchedule 1 sets out a charter of youth justice principles.\nThe principles underlie the operation of this Act.\ns 3 amd 1996 No. 22 s 4\nsub 2002 No. 39 s 4\namd 2009 No. 34 s 45 (3) sch pt 3 amdt 38\n(sec.3-ssec.1) Schedule 1 sets out a charter of youth justice principles.\n(sec.3-ssec.2) The principles underlie the operation of this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 4 defines particular words used in this Act.\ns 4 amd 2002 No. 39 s 5 (1)\nNote—prev s 4 contained definitions for this Act. Definitions are now located in schedule 4 (Dictionary).","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Note in text","content":"### sec.5 Note in text\n\nA note in the text of this Act is part of the Act .\ns 5 ins 2002 No. 39 s 6","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of criminal history of a child","content":"### sec.6 Meaning of criminal history of a child\n\nIn this Act, criminal history , of a child, means—\neach caution administered to the child for an offence; and\neach finding of guilt against the child for an offence, other than a finding of guilt that is set aside or quashed; and\neach restorative justice agreement made by the child for an offence; and\nall decisions, findings and orders, other than interim orders, made, and actions taken, by a court, Childrens Court judge, Childrens Court magistrate or other judicial officer—\nunder section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or\nunder section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or\nunder section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.\nIf a child fails to comply with a restorative justice agreement that forms part of the child’s criminal history, the child’s criminal history also includes any action taken by a police officer under section 24 (3) .\nThis section applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .\nIn this section—\naction includes a decision to take no further action.\nchild —\nin relation to a child against whom a community based order has been made, see section 236 ; and\nfor a child on release from detention under a supervised release order, see section 252A .\ninterim order means an order made by—\na magistrate under section 252D (5) ; or\na court under 252E(3)(c) or (4).\ns 6 prev s 6 amd 1993 No. 76 s 3 sch 1\nom 2016 No. 58 s 4\npres s 6 ins 2024 No. 54 s 39\namd 2025 No. 7 s 56\n(sec.6-ssec.1) In this Act, criminal history , of a child, means— each caution administered to the child for an offence; and each finding of guilt against the child for an offence, other than a finding of guilt that is set aside or quashed; and each restorative justice agreement made by the child for an offence; and all decisions, findings and orders, other than interim orders, made, and actions taken, by a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.\n(sec.6-ssec.2) If a child fails to comply with a restorative justice agreement that forms part of the child’s criminal history, the child’s criminal history also includes any action taken by a police officer under section 24 (3) .\n(sec.6-ssec.3) This section applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .\n(sec.6-ssec.4) In this section— action includes a decision to take no further action. child — in relation to a child against whom a community based order has been made, see section 236 ; and for a child on release from detention under a supervised release order, see section 252A . interim order means an order made by— a magistrate under section 252D (5) ; or a court under 252E(3)(c) or (4).\n- (a) each caution administered to the child for an offence; and\n- (b) each finding of guilt against the child for an offence, other than a finding of guilt that is set aside or quashed; and\n- (c) each restorative justice agreement made by the child for an offence; and\n- (d) all decisions, findings and orders, other than interim orders, made, and actions taken, by a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— (i) under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or (ii) under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or (iii) under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.\n- (i) under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or\n- (ii) under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or\n- (iii) under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.\n- (i) under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or\n- (ii) under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or\n- (iii) under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.\n- (a) in relation to a child against whom a community based order has been made, see section 236 ; and\n- (b) for a child on release from detention under a supervised release order, see section 252A .\n- (a) a magistrate under section 252D (5) ; or\n- (b) a court under 252E(3)(c) or (4).","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of police officer starting a proceeding","content":"### sec.7 Meaning of police officer starting a proceeding\n\nIn this Act, mention of a police officer starting a proceeding against a child for an offence includes—\nobtaining a warrant for the arrest of a child on a charge for an offence; and\narresting a child for an offence without a warrant.\n- (a) obtaining a warrant for the arrest of a child on a charge for an offence; and\n- (b) arresting a child for an offence without a warrant.","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of serious offence","content":"### sec.8 Meaning of serious offence\n\nSubject to subsection (2) , in this Act serious offence means—\na life offence; or\nan offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more.\nAn offence is not a serious offence if—\nit is a relevant offence under the Criminal Code , section 552BA ; or\nCriminal Code , section 552BA (Charges of indictable offences that must be heard and decided summarily)\nit is an offence that is the subject of a charge to which the Criminal Code , section 552A or 552B applies; or\nCriminal Code , section 552A (Charges of indictable offences that must be heard and decided summarily on prosecution election) or 552B (Charges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial)\nunder the Drugs Misuse Act 1986 , section 13 , proceedings for a charge for the offence may be taken summarily; or\nDrugs Misuse Act 1986 , section 13 (Certain offences may be dealt with summarily)\nunder the Drugs Misuse Act 1986 , section 14 , proceedings for a charge for the offence may be taken summarily.\nProceedings for a charge for an offence may not be taken summarily under section 14 if the prosecution allegations include an allegation as to a commercial purpose.\nDrugs Misuse Act 1986 , section 14 (Other offences that may be dealt with summarily if no commercial purpose alleged)\nIf it is necessary for the purposes of subsection (2) to have reference to the table of excluded offences included in the Criminal Code , section 552BB , a reference in that table to the circumstance that the offender does not plead guilty to an offence is taken to be a reference to a child not admitting to committing the offence.\nFor the purpose of this section, the type of an offence includes the circumstances in which it is committed.\ns 8 amd 1996 No. 22 s 6 ; 1997 No. 3 s 122 sch 2 ; 2010 No. 26 s 151\n(sec.8-ssec.1) Subject to subsection (2) , in this Act serious offence means— a life offence; or an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more.\n(sec.8-ssec.2) An offence is not a serious offence if— it is a relevant offence under the Criminal Code , section 552BA ; or Criminal Code , section 552BA (Charges of indictable offences that must be heard and decided summarily) it is an offence that is the subject of a charge to which the Criminal Code , section 552A or 552B applies; or Criminal Code , section 552A (Charges of indictable offences that must be heard and decided summarily on prosecution election) or 552B (Charges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial) under the Drugs Misuse Act 1986 , section 13 , proceedings for a charge for the offence may be taken summarily; or Drugs Misuse Act 1986 , section 13 (Certain offences may be dealt with summarily) under the Drugs Misuse Act 1986 , section 14 , proceedings for a charge for the offence may be taken summarily. Proceedings for a charge for an offence may not be taken summarily under section 14 if the prosecution allegations include an allegation as to a commercial purpose. Drugs Misuse Act 1986 , section 14 (Other offences that may be dealt with summarily if no commercial purpose alleged)\n(sec.8-ssec.2A) If it is necessary for the purposes of subsection (2) to have reference to the table of excluded offences included in the Criminal Code , section 552BB , a reference in that table to the circumstance that the offender does not plead guilty to an offence is taken to be a reference to a child not admitting to committing the offence.\n(sec.8-ssec.3) For the purpose of this section, the type of an offence includes the circumstances in which it is committed.\n- (a) a life offence; or\n- (b) an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more.\n- (a) it is a relevant offence under the Criminal Code , section 552BA ; or Editor’s note— Criminal Code , section 552BA (Charges of indictable offences that must be heard and decided summarily)\n- (b) it is an offence that is the subject of a charge to which the Criminal Code , section 552A or 552B applies; or Editor’s note— Criminal Code , section 552A (Charges of indictable offences that must be heard and decided summarily on prosecution election) or 552B (Charges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial)\n- (c) under the Drugs Misuse Act 1986 , section 13 , proceedings for a charge for the offence may be taken summarily; or Editor’s note— Drugs Misuse Act 1986 , section 13 (Certain offences may be dealt with summarily)\n- (d) under the Drugs Misuse Act 1986 , section 14 , proceedings for a charge for the offence may be taken summarily. Note— Proceedings for a charge for an offence may not be taken summarily under section 14 if the prosecution allegations include an allegation as to a commercial purpose. Editor’s note— Drugs Misuse Act 1986 , section 14 (Other offences that may be dealt with summarily if no commercial purpose alleged)","sortOrder":8},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of court that made order","content":"### sec.9 Meaning of court that made order\n\nIn this Act, mention of the court that made a particular order on sentence includes, if the order was made by—\nthe Supreme Court—any sittings of the Supreme Court in its criminal jurisdiction at any place in Queensland; or\nthe District Court—any sittings of the District Court in its criminal jurisdiction at any place in Queensland; or\na Childrens Court judge—any sittings of a Childrens Court judge at any place in Queensland; or\na Magistrates Court—any Magistrates Court sitting at any place in Queensland; or\na Childrens Court magistrate—any Childrens Court magistrate sitting at any place in Queensland.\nSubsection (1) applies even though the court is not constituted by the same judicial officer who made the order originally.\ns 9 amd 1996 No. 22 s 3 sch 1 ; 1999 No. 19 s 3 sch\n(sec.9-ssec.1) In this Act, mention of the court that made a particular order on sentence includes, if the order was made by— the Supreme Court—any sittings of the Supreme Court in its criminal jurisdiction at any place in Queensland; or the District Court—any sittings of the District Court in its criminal jurisdiction at any place in Queensland; or a Childrens Court judge—any sittings of a Childrens Court judge at any place in Queensland; or a Magistrates Court—any Magistrates Court sitting at any place in Queensland; or a Childrens Court magistrate—any Childrens Court magistrate sitting at any place in Queensland.\n(sec.9-ssec.2) Subsection (1) applies even though the court is not constituted by the same judicial officer who made the order originally.\n- (a) the Supreme Court—any sittings of the Supreme Court in its criminal jurisdiction at any place in Queensland; or\n- (b) the District Court—any sittings of the District Court in its criminal jurisdiction at any place in Queensland; or\n- (c) a Childrens Court judge—any sittings of a Childrens Court judge at any place in Queensland; or\n- (d) a Magistrates Court—any Magistrates Court sitting at any place in Queensland; or\n- (e) a Childrens Court magistrate—any Childrens Court magistrate sitting at any place in Queensland.","sortOrder":9},{"sectionNumber":"sec.9B","sectionType":"section","heading":null,"content":"### Section sec.9B\n\ns 9B ins 1996 No. 22 s 7\nom 1998 No. 39 s 23","sortOrder":10},{"sectionNumber":"sec.9C","sectionType":"section","heading":null,"content":"### Section sec.9C\n\ns 9C ins 1996 No. 22 s 7\nom 1998 No. 39 s 23","sortOrder":11},{"sectionNumber":"sec.9D","sectionType":"section","heading":null,"content":"### Section sec.9D\n\ns 9D (prev s 9A) ins 1993 No. 76 s 3 sch 1\nrenum and reloc 1996 No. 22 s 3 sch 1\nom 1998 No. 39 s 23","sortOrder":12},{"sectionNumber":"sec.9E","sectionType":"section","heading":null,"content":"### Section sec.9E\n\ns 9E (prev s 36) renum and reloc 1996 No. 22 s 3 sch 1\nom 2002 No. 39 s 7","sortOrder":13},{"sectionNumber":"pt.1C","sectionType":"part","heading":null,"content":"","sortOrder":14},{"sectionNumber":"pt.1C-div.1","sectionType":"division","heading":null,"content":"","sortOrder":15},{"sectionNumber":"pt.1C-div.2","sectionType":"division","heading":null,"content":"","sortOrder":16},{"sectionNumber":"pt.1C-div.3","sectionType":"division","heading":null,"content":"","sortOrder":17},{"sectionNumber":"pt.1C-div.4","sectionType":"division","heading":null,"content":"","sortOrder":18},{"sectionNumber":"pt.2","sectionType":"part","heading":"Special provisions about policing and children","content":"# Special provisions about policing and children","sortOrder":19},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Police officer must consider appropriate way to proceed","content":"## Police officer must consider appropriate way to proceed","sortOrder":20},{"sectionNumber":"sec.10","sectionType":"section","heading":"Division does not apply to 2 general ways of proceeding","content":"### sec.10 Division does not apply to 2 general ways of proceeding\n\nThis division has no effect on—\nthe charging of a child under the Justices Act 1886 , section 42 (1A) ; or\na proceeding on an indictment.\ns 10 prev s 10 ins 1996 No. 22 s 7\nom 1998 No. 39 s 23\npres s 10 ins 2002 No. 39 s 7\n- (a) the charging of a child under the Justices Act 1886 , section 42 (1A) ; or\n- (b) a proceeding on an indictment.","sortOrder":21},{"sectionNumber":"sec.10A","sectionType":"section","heading":null,"content":"### Section sec.10A\n\ns 10A ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":22},{"sectionNumber":"sec.10B","sectionType":"section","heading":null,"content":"### Section sec.10B\n\ns 10B ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":23},{"sectionNumber":"sec.10C","sectionType":"section","heading":null,"content":"### Section sec.10C\n\ns 10C ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":24},{"sectionNumber":"sec.11","sectionType":"section","heading":"Police officer to consider alternatives to proceeding against child","content":"### sec.11 Police officer to consider alternatives to proceeding against child\n\nUnless otherwise provided under this division, a police officer, before starting a proceeding against a child for an offence other than a serious offence, must first consider whether in all the circumstances it would be more appropriate to do 1 of the following—\nto take no action;\nto administer a caution to the child;\nto refer the offence to the chief executive for a restorative justice process;\nif the offence is a minor drugs offence and the child may be offered a drug diversion warning or the opportunity to participate in a drug diversion assessment program under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 —to offer the child the warning or opportunity in accordance with that division;\nif the offence is a graffiti offence and the child may be offered an opportunity to attend a graffiti removal program under the Police Powers and Responsibilities Act 2000 , section 379A —to offer the child that opportunity in accordance with that section.\nBecause of section 134 , a police officer must consider offering the same opportunities for diversion from the court system as apply to a child to a person who committed an offence as a child but is now an adult.\nThe circumstances to which the police officer must have regard include—\nthe circumstances of the alleged offence; and\nthe child’s criminal history and, if the child has been in any other way dealt with for an offence under any Act, the other dealings.\nIf necessary, the police officer must delay starting the proceeding in order to comply with a requirement under subsection (1) or (2) .\nIf, on complying with subsections (1) and (2) , the police officer considers it would be more appropriate to act as mentioned in subsection (1) (a) , (b) , (c) , (d) or (e) , then the police officer must do so.\nIf, on complying with subsections (1) and (2) , the police officer considers it would not be more appropriate to act as mentioned in subsection (1) (a) , (b) , (c) , (d) or (e) , the police officer may start a proceeding against the child for the offence.\nThe police officer may take the action mentioned in subsection (1) (a) , (b) , (c) or (e) even though—\naction of that kind has been taken in relation to the child on a previous occasion; or\na proceeding against the child for another offence has already been started or has ended.\nSubsection (1) does not prevent a police officer from taking the action mentioned in subsection (1) (a) to (c) for a serious offence.\nIf the police officer decides to act as mentioned in subsection (1) (a) or (b) in relation to a minor drugs offence, the minor drugs matter the subject of the minor drugs offence is forfeited to the State.\nThe Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 provides for forfeiting a minor drugs matter on agreeing to an offer under that division.\nIn this section—\nminor drugs matter see the Police Powers and Responsibilities Act 2000 , schedule 6 .\nminor drugs offence see the Police Powers and Responsibilities Act 2000 , section 378B .\ns 11 ins 1996 No. 22 s 8\namd 1998 No. 39 s 24 ; 2000 No. 5 s 461 sch 3\nsub 2002 No. 39 s 7\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2013 No. 31 s 80 ; 2016 No. 39 s 10 ; 2023 No. 11 s 32 ; 2024 No. 54 s 40\n(sec.11-ssec.1) Unless otherwise provided under this division, a police officer, before starting a proceeding against a child for an offence other than a serious offence, must first consider whether in all the circumstances it would be more appropriate to do 1 of the following— to take no action; to administer a caution to the child; to refer the offence to the chief executive for a restorative justice process; if the offence is a minor drugs offence and the child may be offered a drug diversion warning or the opportunity to participate in a drug diversion assessment program under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 —to offer the child the warning or opportunity in accordance with that division; if the offence is a graffiti offence and the child may be offered an opportunity to attend a graffiti removal program under the Police Powers and Responsibilities Act 2000 , section 379A —to offer the child that opportunity in accordance with that section. Because of section 134 , a police officer must consider offering the same opportunities for diversion from the court system as apply to a child to a person who committed an offence as a child but is now an adult.\n(sec.11-ssec.2) The circumstances to which the police officer must have regard include— the circumstances of the alleged offence; and the child’s criminal history and, if the child has been in any other way dealt with for an offence under any Act, the other dealings.\n(sec.11-ssec.3) If necessary, the police officer must delay starting the proceeding in order to comply with a requirement under subsection (1) or (2) .\n(sec.11-ssec.4) If, on complying with subsections (1) and (2) , the police officer considers it would be more appropriate to act as mentioned in subsection (1) (a) , (b) , (c) , (d) or (e) , then the police officer must do so.\n(sec.11-ssec.5) If, on complying with subsections (1) and (2) , the police officer considers it would not be more appropriate to act as mentioned in subsection (1) (a) , (b) , (c) , (d) or (e) , the police officer may start a proceeding against the child for the offence.\n(sec.11-ssec.6) The police officer may take the action mentioned in subsection (1) (a) , (b) , (c) or (e) even though— action of that kind has been taken in relation to the child on a previous occasion; or a proceeding against the child for another offence has already been started or has ended.\n(sec.11-ssec.7) Subsection (1) does not prevent a police officer from taking the action mentioned in subsection (1) (a) to (c) for a serious offence.\n(sec.11-ssec.8) If the police officer decides to act as mentioned in subsection (1) (a) or (b) in relation to a minor drugs offence, the minor drugs matter the subject of the minor drugs offence is forfeited to the State. The Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 provides for forfeiting a minor drugs matter on agreeing to an offer under that division.\n(sec.11-ssec.9) In this section— minor drugs matter see the Police Powers and Responsibilities Act 2000 , schedule 6 . minor drugs offence see the Police Powers and Responsibilities Act 2000 , section 378B .\n- (a) to take no action;\n- (b) to administer a caution to the child;\n- (c) to refer the offence to the chief executive for a restorative justice process;\n- (d) if the offence is a minor drugs offence and the child may be offered a drug diversion warning or the opportunity to participate in a drug diversion assessment program under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 —to offer the child the warning or opportunity in accordance with that division;\n- (e) if the offence is a graffiti offence and the child may be offered an opportunity to attend a graffiti removal program under the Police Powers and Responsibilities Act 2000 , section 379A —to offer the child that opportunity in accordance with that section.\n- (a) the circumstances of the alleged offence; and\n- (b) the child’s criminal history and, if the child has been in any other way dealt with for an offence under any Act, the other dealings.\n- (a) action of that kind has been taken in relation to the child on a previous occasion; or\n- (b) a proceeding against the child for another offence has already been started or has ended.","sortOrder":25},{"sectionNumber":"sec.12","sectionType":"section","heading":"Preferred way for police officer to start proceedings","content":"### sec.12 Preferred way for police officer to start proceedings\n\nA police officer starting a proceeding against a child for an offence, other than a serious offence, must start the proceeding by way of complaint and summons or notice to appear, unless otherwise provided under this Act.\ns 12 reloc 1996 No. 22 s 3 sch 1\nsub 2002 No. 39 s 7","sortOrder":26},{"sectionNumber":"sec.13","sectionType":"section","heading":"Police officer’s power of arrest preserved in particular general circumstances","content":"### sec.13 Police officer’s power of arrest preserved in particular general circumstances\n\nA police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (3) , without a warrant, to arrest a child for an offence without regard to sections 11 and 12 only if the police officer believes on reasonable grounds—\nthe arrest is necessary—\nto prevent a continuation or a repetition of the offence or the commission of another offence; or\nto obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or\nto prevent the fabrication of evidence; or\nto ensure the child’s appearance before a court; or\nthe child is an adult; or\nthe child is contravening section 278 or is unlawfully at large.\nIn deciding for subsection (1) (b) whether the police officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest.\nAlso, a police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (2) , without a warrant, to arrest a child without regard to sections 11 and 12 .\nAlso, a police officer may use the police officer’s power of arrest under a warrant issued under the Bail Act 1980 without regard to sections 11 and 12 .\nTo remove any doubt, it is declared that this section does not affect a police officer’s power under the Police Powers and Responsibilities Act 2000 , section 365 (3) , to arrest a child without warrant for a serious offence.\ns 13 reloc 1996 No. 22 s 3 sch 1\nsub 2002 No. 39 s 7 (amd 2003 No. 37 s 82 )\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2009 No. 34 s 45 (3) sch pt 3 amdt 38; 2014 No. 9 s 3 ; 2016 No. 38 s 4 ; 2019 No. 23 s 48 s ch 1 pt 1 ; 2024 No. 45 s 116 ; 2024 No. 54 s 10\n(sec.13-ssec.1) A police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (3) , without a warrant, to arrest a child for an offence without regard to sections 11 and 12 only if the police officer believes on reasonable grounds— the arrest is necessary— to prevent a continuation or a repetition of the offence or the commission of another offence; or to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or to prevent the fabrication of evidence; or to ensure the child’s appearance before a court; or the child is an adult; or the child is contravening section 278 or is unlawfully at large.\n(sec.13-ssec.2) In deciding for subsection (1) (b) whether the police officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest.\n(sec.13-ssec.3) Also, a police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (2) , without a warrant, to arrest a child without regard to sections 11 and 12 .\n(sec.13-ssec.4) Also, a police officer may use the police officer’s power of arrest under a warrant issued under the Bail Act 1980 without regard to sections 11 and 12 .\n(sec.13-ssec.5) To remove any doubt, it is declared that this section does not affect a police officer’s power under the Police Powers and Responsibilities Act 2000 , section 365 (3) , to arrest a child without warrant for a serious offence.\n- (a) the arrest is necessary— (i) to prevent a continuation or a repetition of the offence or the commission of another offence; or (ii) to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or (iii) to prevent the fabrication of evidence; or (iv) to ensure the child’s appearance before a court; or\n- (i) to prevent a continuation or a repetition of the offence or the commission of another offence; or\n- (ii) to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or\n- (iii) to prevent the fabrication of evidence; or\n- (iv) to ensure the child’s appearance before a court; or\n- (b) the child is an adult; or\n- (c) the child is contravening section 278 or is unlawfully at large.\n- (i) to prevent a continuation or a repetition of the offence or the commission of another offence; or\n- (ii) to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or\n- (iii) to prevent the fabrication of evidence; or\n- (iv) to ensure the child’s appearance before a court; or","sortOrder":27},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Cautioning","content":"## Cautioning","sortOrder":28},{"sectionNumber":"sec.14","sectionType":"section","heading":"Purpose of caution","content":"### sec.14 Purpose of caution\n\nThe purpose of this division is to set up a way of diverting a child who commits an offence from the courts’ criminal justice system by allowing a police officer to administer a caution to the child instead of bringing the child before a court for the offence.\ns 14 amd 1996 No. 22 s 3 sch 1\nreloc 1996 No. 22 s 3 sch 1\nsub 2002 No. 39 s 7","sortOrder":29},{"sectionNumber":"sec.15","sectionType":"section","heading":"Police officer may administer a caution","content":"### sec.15 Police officer may administer a caution\n\nA police officer instead of bringing a child before a court for an offence may administer a caution to the child.\nThe child is then not liable to be prosecuted for the offence.\ns 15 amd 1994 No. 87 s 3 sch 1\nreloc 1996 No. 22 s 3 sch 1\nsub 2002 No. 39 s 7\namd 2024 No. 54 s 41\n(sec.15-ssec.1) A police officer instead of bringing a child before a court for an offence may administer a caution to the child.\n(sec.15-ssec.2) The child is then not liable to be prosecuted for the offence.","sortOrder":30},{"sectionNumber":"sec.16","sectionType":"section","heading":"Conditions for administration of police caution","content":"### sec.16 Conditions for administration of police caution\n\nA police officer may administer a caution to a child for an offence only if the child—\nadmits committing the offence to the police officer; and\nconsents to being cautioned.\nA police officer who administers a caution, or who requests the administration of a caution under section 17 , must, if practicable, arrange to be present at the administration of the caution—\nan adult chosen by the child; or\na parent of the child or a person chosen by a parent of the child.\nThe commissioner of the police service may authorise a police officer who the commissioner considers has sufficient training or experience ( authorised officer ) to administer cautions.\nIf a police officer administering a caution is not an authorised officer, the caution must be administered in the presence of an authorised officer.\ns 16 reloc 1996 No. 22 s 3 sch 1\nsub 2002 No. 39 s 7\n(sec.16-ssec.1) A police officer may administer a caution to a child for an offence only if the child— admits committing the offence to the police officer; and consents to being cautioned.\n(sec.16-ssec.2) A police officer who administers a caution, or who requests the administration of a caution under section 17 , must, if practicable, arrange to be present at the administration of the caution— an adult chosen by the child; or a parent of the child or a person chosen by a parent of the child.\n(sec.16-ssec.3) The commissioner of the police service may authorise a police officer who the commissioner considers has sufficient training or experience ( authorised officer ) to administer cautions.\n(sec.16-ssec.4) If a police officer administering a caution is not an authorised officer, the caution must be administered in the presence of an authorised officer.\n- (a) admits committing the offence to the police officer; and\n- (b) consents to being cautioned.\n- (a) an adult chosen by the child; or\n- (b) a parent of the child or a person chosen by a parent of the child.","sortOrder":31},{"sectionNumber":"sec.17","sectionType":"section","heading":"Caution administered by respected person of Aboriginal or Torres Strait Islander community","content":"### sec.17 Caution administered by respected person of Aboriginal or Torres Strait Islander community\n\nIf a caution is to be administered to a child who is a member of an Aboriginal or Torres Strait Islander community, an authorised officer mentioned in section 16 —\nmust consider whether there is a respected person of the community who is available and willing to administer the caution; and\nif a respected person of the community is available and willing to administer the caution—must request the person to administer the caution.\nIn a proceeding, evidence that a person purported to administer a caution under subsection (1) as a respected person mentioned in the subsection is evidence that the person was a respected person.\ns 17 reloc 1996 No. 22 s 3 sch 1\nsub 2002 No. 39 s 7\n(sec.17-ssec.1) If a caution is to be administered to a child who is a member of an Aboriginal or Torres Strait Islander community, an authorised officer mentioned in section 16 — must consider whether there is a respected person of the community who is available and willing to administer the caution; and if a respected person of the community is available and willing to administer the caution—must request the person to administer the caution.\n(sec.17-ssec.2) In a proceeding, evidence that a person purported to administer a caution under subsection (1) as a respected person mentioned in the subsection is evidence that the person was a respected person.\n- (a) must consider whether there is a respected person of the community who is available and willing to administer the caution; and\n- (b) if a respected person of the community is available and willing to administer the caution—must request the person to administer the caution.","sortOrder":32},{"sectionNumber":"sec.18","sectionType":"section","heading":"Caution procedure must involve explanation","content":"### sec.18 Caution procedure must involve explanation\n\nA police officer who administers, or requests the administration of, a caution to a child must take steps to ensure that the child and the person present under section 16 (2) understand the purpose, nature and effect of the caution, including the effect on the child’s criminal history.\nThe steps that can be taken include, for example—\npersonally explaining these matters to the child; and\nhaving some person with training or experience in the cautioning of children give the explanation; and\nhaving an interpreter or other person able to communicate effectively with the child give the explanation; and\nsupplying an explanatory note in English or another language.\ns 18 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 3 sch 1\nreloc 1996 No. 22 s 3 sch 1\nsub 2002 No. 39 s 7\namd 2024 No. 54 s 42\n(sec.18-ssec.1) A police officer who administers, or requests the administration of, a caution to a child must take steps to ensure that the child and the person present under section 16 (2) understand the purpose, nature and effect of the caution, including the effect on the child’s criminal history.\n(sec.18-ssec.2) The steps that can be taken include, for example— personally explaining these matters to the child; and having some person with training or experience in the cautioning of children give the explanation; and having an interpreter or other person able to communicate effectively with the child give the explanation; and supplying an explanatory note in English or another language.\n- (a) personally explaining these matters to the child; and\n- (b) having some person with training or experience in the cautioning of children give the explanation; and\n- (c) having an interpreter or other person able to communicate effectively with the child give the explanation; and\n- (d) supplying an explanatory note in English or another language.","sortOrder":33},{"sectionNumber":"sec.18A","sectionType":"section","heading":null,"content":"### Section sec.18A\n\ns 18A ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":34},{"sectionNumber":"sec.18B","sectionType":"section","heading":null,"content":"### Section sec.18B\n\ns 18B ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":35},{"sectionNumber":"sec.18C","sectionType":"section","heading":null,"content":"### Section sec.18C\n\ns 18C ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":36},{"sectionNumber":"sec.18D","sectionType":"section","heading":null,"content":"### Section sec.18D\n\ns 18D ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":37},{"sectionNumber":"sec.18E","sectionType":"section","heading":null,"content":"### Section sec.18E\n\ns 18E ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":38},{"sectionNumber":"sec.18F","sectionType":"section","heading":null,"content":"### Section sec.18F\n\ns 18F ins 1996 No. 22 s 8\namd 1997 No. 9 s 43 ; 2000 No. 46 s 3 sch\nom 2002 No. 39 s 7","sortOrder":39},{"sectionNumber":"sec.18G","sectionType":"section","heading":null,"content":"### Section sec.18G\n\ns 18G ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":40},{"sectionNumber":"sec.18H","sectionType":"section","heading":null,"content":"### Section sec.18H\n\ns 18H ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":41},{"sectionNumber":"sec.18I","sectionType":"section","heading":null,"content":"### Section sec.18I\n\ns 18I ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":42},{"sectionNumber":"sec.18J","sectionType":"section","heading":null,"content":"### Section sec.18J\n\ns 18J ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":43},{"sectionNumber":"sec.18K","sectionType":"section","heading":null,"content":"### Section sec.18K\n\ns 18K ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":44},{"sectionNumber":"sec.18L","sectionType":"section","heading":null,"content":"### Section sec.18L\n\ns 18L ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":45},{"sectionNumber":"sec.18M","sectionType":"section","heading":null,"content":"### Section sec.18M\n\ns 18M ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":46},{"sectionNumber":"sec.18N","sectionType":"section","heading":null,"content":"### Section sec.18N\n\ns 18N ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":47},{"sectionNumber":"sec.18O","sectionType":"section","heading":null,"content":"### Section sec.18O\n\ns 18O ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":48},{"sectionNumber":"sec.18P","sectionType":"section","heading":null,"content":"### Section sec.18P\n\ns 18P ins 1996 No. 22 s 8\nom 2002 No. 39 s 7","sortOrder":49},{"sectionNumber":"sec.19","sectionType":"section","heading":"Caution procedure may involve apology to victim","content":"### sec.19 Caution procedure may involve apology to victim\n\nThis section applies only after a police officer decides that a caution should be administered to a child for an offence.\nThe procedure of administering a caution to a child for an offence may involve the child apologising to a victim of the offence if—\nthe police officer administering, or requesting the administration of, the caution considers that an apology is an appropriate course of action in the particular circumstances of the case; and\nthe child is willing to apologise; and\nthe victim is willing to participate in the procedure.\ns 19 orig s 19 amd 1993 No. 76 s 3 sch 1\nom 1996 No. 22 s 11\npres s 19 (prev s 19) amd 1996 No. 22 s 12 (1)\nrenum and reloc 1996 No. 22 ss 12 (2) , 3 sch 1\nsub 2002 No. 39 s 7\n(sec.19-ssec.1) This section applies only after a police officer decides that a caution should be administered to a child for an offence.\n(sec.19-ssec.2) The procedure of administering a caution to a child for an offence may involve the child apologising to a victim of the offence if— the police officer administering, or requesting the administration of, the caution considers that an apology is an appropriate course of action in the particular circumstances of the case; and the child is willing to apologise; and the victim is willing to participate in the procedure.\n- (a) the police officer administering, or requesting the administration of, the caution considers that an apology is an appropriate course of action in the particular circumstances of the case; and\n- (b) the child is willing to apologise; and\n- (c) the victim is willing to participate in the procedure.","sortOrder":50},{"sectionNumber":"sec.20","sectionType":"section","heading":"Child must be given a notice of caution","content":"### sec.20 Child must be given a notice of caution\n\nIf a caution is administered to a child for an offence, the police officer who—\nadministered the caution; or\nunder section 17 , requested the administration of the caution;\nmust give the child a notice in a form approved by the commissioner of the police service.\nThe notice must state—\nthat a caution was administered to the child; and\nthe time and date the caution was administered; and\nthe child’s name; and\nthe substance of the offence; and\nthe police officer’s name and rank; and\nthe place where the caution was issued; and\nthe names of all persons present when the caution was issued; and\nthe nature and effect of a caution, including the effect on the child’s criminal history.\nIn a proceeding, a document purporting to be a notice or copy of a notice is evidence that the child was administered a caution for the offence in the circumstances stated in the notice.\nA document mentioned in subsection (3) is not evidence that the child committed the offence.\ns 20 (prev s 10) amd 1996 No. 22 s 10 (1)\nrenum and reloc 1996 No. 22 s 10 (2)\namd 2000 No. 22 s 34\nsub 2002 No. 39 ss 7 , 9\namd 2024 No. 54 s 43\n(sec.20-ssec.1) If a caution is administered to a child for an offence, the police officer who— administered the caution; or under section 17 , requested the administration of the caution; must give the child a notice in a form approved by the commissioner of the police service.\n(sec.20-ssec.2) The notice must state— that a caution was administered to the child; and the time and date the caution was administered; and the child’s name; and the substance of the offence; and the police officer’s name and rank; and the place where the caution was issued; and the names of all persons present when the caution was issued; and the nature and effect of a caution, including the effect on the child’s criminal history.\n(sec.20-ssec.3) In a proceeding, a document purporting to be a notice or copy of a notice is evidence that the child was administered a caution for the offence in the circumstances stated in the notice.\n(sec.20-ssec.4) A document mentioned in subsection (3) is not evidence that the child committed the offence.\n- (a) administered the caution; or\n- (b) under section 17 , requested the administration of the caution;\n- (a) that a caution was administered to the child; and\n- (b) the time and date the caution was administered; and\n- (c) the child’s name; and\n- (d) the substance of the offence; and\n- (e) the police officer’s name and rank; and\n- (f) the place where the caution was issued; and\n- (g) the names of all persons present when the caution was issued; and\n- (h) the nature and effect of a caution, including the effect on the child’s criminal history.","sortOrder":51},{"sectionNumber":"sec.21","sectionType":"section","heading":"Childrens Court may dismiss charge if caution should have been administered or no action taken","content":"### sec.21 Childrens Court may dismiss charge if caution should have been administered or no action taken\n\nIf a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if—\napplication is made for the dismissal by or on behalf of the child; and\nthe court is satisfied that the child should have been cautioned instead of being charged or no action should have been taken against the child.\nIn deciding the application, the Childrens Court may have regard to—\nany other cautions administered to the child for any offence; and\nwhether any previous conference agreements have been made by the child.\nIf the court dismisses a charge under subsection (1) because the child should have been cautioned, the court may—\nadminister a caution to the child; or\ndirect a police officer to administer a caution to the child as directed by the court.\ns 21 amd 1996 No. 22 s 13\nsub 2002 No. 39 ss 7 , 9\namd 2009 No. 34 s 10 ; 2016 No. 39 s 11 ; 2024 No. 54 s 44\n(sec.21-ssec.1) If a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if— application is made for the dismissal by or on behalf of the child; and the court is satisfied that the child should have been cautioned instead of being charged or no action should have been taken against the child.\n(sec.21-ssec.2) In deciding the application, the Childrens Court may have regard to— any other cautions administered to the child for any offence; and whether any previous conference agreements have been made by the child.\n(sec.21-ssec.3) If the court dismisses a charge under subsection (1) because the child should have been cautioned, the court may— administer a caution to the child; or direct a police officer to administer a caution to the child as directed by the court.\n- (a) application is made for the dismissal by or on behalf of the child; and\n- (b) the court is satisfied that the child should have been cautioned instead of being charged or no action should have been taken against the child.\n- (a) any other cautions administered to the child for any offence; and\n- (b) whether any previous conference agreements have been made by the child.\n- (a) administer a caution to the child; or\n- (b) direct a police officer to administer a caution to the child as directed by the court.","sortOrder":52},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Referral for restorative justice process","content":"## Referral for restorative justice process","sortOrder":53},{"sectionNumber":"sec.22","sectionType":"section","heading":"When police officer may refer offence for restorative justice process","content":"### sec.22 When police officer may refer offence for restorative justice process\n\nThis section applies if a child admits committing an offence to a police officer.\nInstead of bringing the child before a court for the offence, the police officer may, by written notice given to the chief executive, refer the offence to the chief executive for a restorative justice process.\nHowever, the police officer may make the referral only if—\nthe child indicates willingness to comply with the referral; and\nhaving regard to the deciding factors, the officer considers—\na caution is inappropriate; and\na proceeding for the offence would be appropriate if the referral were not made; and\nthe referral is a more appropriate way of dealing with the offence than starting a proceeding.\nThe deciding factors for referring an offence to the chief executive for a restorative justice process are—\nthe nature of the offence; and\nthe harm suffered by anyone because of the offence; and\nwhether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.\nThe police officer must inform the child—\ngenerally of the restorative justice process and potential consequences for the child of failing to properly participate in the process; and\nthat the making of a restorative justice agreement will form part of the child’s criminal history.\nIf the referral is accepted by the chief executive, the chief executive must give written notice of the acceptance to the police officer and the child.\ns 22 sub 2002 No. 39 ss 7 , 9\namd 2012 No. 41 s 5\nsub 2016 No. 39 s 13\namd 2024 No. 54 s 45\n(sec.22-ssec.1) This section applies if a child admits committing an offence to a police officer.\n(sec.22-ssec.2) Instead of bringing the child before a court for the offence, the police officer may, by written notice given to the chief executive, refer the offence to the chief executive for a restorative justice process.\n(sec.22-ssec.3) However, the police officer may make the referral only if— the child indicates willingness to comply with the referral; and having regard to the deciding factors, the officer considers— a caution is inappropriate; and a proceeding for the offence would be appropriate if the referral were not made; and the referral is a more appropriate way of dealing with the offence than starting a proceeding.\n(sec.22-ssec.4) The deciding factors for referring an offence to the chief executive for a restorative justice process are— the nature of the offence; and the harm suffered by anyone because of the offence; and whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.\n(sec.22-ssec.5) The police officer must inform the child— generally of the restorative justice process and potential consequences for the child of failing to properly participate in the process; and that the making of a restorative justice agreement will form part of the child’s criminal history.\n(sec.22-ssec.6) If the referral is accepted by the chief executive, the chief executive must give written notice of the acceptance to the police officer and the child.\n- (a) the child indicates willingness to comply with the referral; and\n- (b) having regard to the deciding factors, the officer considers— (i) a caution is inappropriate; and (ii) a proceeding for the offence would be appropriate if the referral were not made; and (iii) the referral is a more appropriate way of dealing with the offence than starting a proceeding.\n- (i) a caution is inappropriate; and\n- (ii) a proceeding for the offence would be appropriate if the referral were not made; and\n- (iii) the referral is a more appropriate way of dealing with the offence than starting a proceeding.\n- (i) a caution is inappropriate; and\n- (ii) a proceeding for the offence would be appropriate if the referral were not made; and\n- (iii) the referral is a more appropriate way of dealing with the offence than starting a proceeding.\n- (a) the nature of the offence; and\n- (b) the harm suffered by anyone because of the offence; and\n- (c) whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.\n- (a) generally of the restorative justice process and potential consequences for the child of failing to properly participate in the process; and\n- (b) that the making of a restorative justice agreement will form part of the child’s criminal history.","sortOrder":54},{"sectionNumber":"sec.23","sectionType":"section","heading":"If restorative justice agreement is made as a consequence of referral for restorative justice process","content":"### sec.23 If restorative justice agreement is made as a consequence of referral for restorative justice process\n\nThis section applies if—\na police officer refers an offence committed by a child to the chief executive for a restorative justice process; and\na restorative justice agreement is made as a consequence of the referral.\nThe child is not liable to be prosecuted for the offence unless otherwise provided under this Act.\ns 23 amd 1996 No. 22 s 14\nsub 2002 No. 39 ss 7 , 9 ; 2016 No. 39 s 13\n(sec.23-ssec.1) This section applies if— a police officer refers an offence committed by a child to the chief executive for a restorative justice process; and a restorative justice agreement is made as a consequence of the referral.\n(sec.23-ssec.2) The child is not liable to be prosecuted for the offence unless otherwise provided under this Act.\n- (a) a police officer refers an offence committed by a child to the chief executive for a restorative justice process; and\n- (b) a restorative justice agreement is made as a consequence of the referral.","sortOrder":55},{"sectionNumber":"sec.24","sectionType":"section","heading":"Powers of police officer if referral is unsuccessful or if child contravenes restorative justice agreement","content":"### sec.24 Powers of police officer if referral is unsuccessful or if child contravenes restorative justice agreement\n\nThis section applies if a police officer refers an offence committed by a child to the chief executive for a restorative justice process and—\nthe chief executive returns the referral to the officer under section 32 (1) ; or\nthe child fails to comply with a restorative justice agreement made as a consequence of the referral.\nIn considering what further action is appropriate, the police officer must consider—\nthe matters mentioned in section 11 (2) ; and\nany participation by the child in the restorative justice process; and\nif a restorative justice agreement was made as a consequence of the referral—anything done by the child under the agreement.\nThe police officer may—\ntake no action; or\nadminister a caution to the child; or\nrefer the offence to the chief executive for another restorative justice process; or\nstart a proceeding against the child for the offence.\ns 24 amd 1996 No. 22 s 15\nsub 2002 No. 39 ss 7 , 9\namd 2012 No. 41 s 6 ; 2016 No. 39 s 14\n(sec.24-ssec.1) This section applies if a police officer refers an offence committed by a child to the chief executive for a restorative justice process and— the chief executive returns the referral to the officer under section 32 (1) ; or the child fails to comply with a restorative justice agreement made as a consequence of the referral.\n(sec.24-ssec.2) In considering what further action is appropriate, the police officer must consider— the matters mentioned in section 11 (2) ; and any participation by the child in the restorative justice process; and if a restorative justice agreement was made as a consequence of the referral—anything done by the child under the agreement.\n(sec.24-ssec.3) The police officer may— take no action; or administer a caution to the child; or refer the offence to the chief executive for another restorative justice process; or start a proceeding against the child for the offence.\n- (a) the chief executive returns the referral to the officer under section 32 (1) ; or\n- (b) the child fails to comply with a restorative justice agreement made as a consequence of the referral.\n- (a) the matters mentioned in section 11 (2) ; and\n- (b) any participation by the child in the restorative justice process; and\n- (c) if a restorative justice agreement was made as a consequence of the referral—anything done by the child under the agreement.\n- (a) take no action; or\n- (b) administer a caution to the child; or\n- (c) refer the offence to the chief executive for another restorative justice process; or\n- (d) start a proceeding against the child for the offence.","sortOrder":56},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Childrens Court may dismiss charge if offence should have been referred to restorative justice process","content":"### sec.24A Childrens Court may dismiss charge if offence should have been referred to restorative justice process\n\nIf a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if—\napplication is made for the dismissal by or on behalf of the child; and\nthe court is satisfied the offence should have been referred to the chief executive for a restorative justice process under section 22 , regardless of whether or not the child admitted committing the offence to the police officer.\nIn deciding the application, the Childrens Court may have regard to—\nany cautions administered to the child for any offence; and\nwhether any previous restorative justice agreements have been made by the child.\nIf the court dismisses the charge, the court may refer the offence to the chief executive for a restorative justice process.\nHowever, the dismissal of the charge does not prevent a police officer restarting a proceeding against the child for the offence or a court sentencing the child for the offence if—\nthe chief executive returns the referral under section 32 (1) ; or\nthe child fails to comply with a restorative justice agreement made as a consequence of the referral.\nFor part 3 , the police officer is taken to be the referring authority for a referral made under subsection (2) .\nIf the court decides to—\nmake an order of dismissal under the Justices Act 1886 , section 149 and give the child a certificate of the dismissal; or\ngive the child a certificate of dismissal under the Criminal Code , section 700 ;\nthe court must not give the child the certificate until the child discharges his or her obligations under a restorative justice agreement made as a consequence of the referral.\ns 24A ins 2016 No. 39 s 15\n(sec.24A-ssec.1) If a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if— application is made for the dismissal by or on behalf of the child; and the court is satisfied the offence should have been referred to the chief executive for a restorative justice process under section 22 , regardless of whether or not the child admitted committing the offence to the police officer.\n(sec.24A-ssec.1A) In deciding the application, the Childrens Court may have regard to— any cautions administered to the child for any offence; and whether any previous restorative justice agreements have been made by the child.\n(sec.24A-ssec.2) If the court dismisses the charge, the court may refer the offence to the chief executive for a restorative justice process.\n(sec.24A-ssec.3) However, the dismissal of the charge does not prevent a police officer restarting a proceeding against the child for the offence or a court sentencing the child for the offence if— the chief executive returns the referral under section 32 (1) ; or the child fails to comply with a restorative justice agreement made as a consequence of the referral.\n(sec.24A-ssec.4) For part 3 , the police officer is taken to be the referring authority for a referral made under subsection (2) .\n(sec.24A-ssec.5) If the court decides to— make an order of dismissal under the Justices Act 1886 , section 149 and give the child a certificate of the dismissal; or give the child a certificate of dismissal under the Criminal Code , section 700 ; the court must not give the child the certificate until the child discharges his or her obligations under a restorative justice agreement made as a consequence of the referral.\n- (a) application is made for the dismissal by or on behalf of the child; and\n- (b) the court is satisfied the offence should have been referred to the chief executive for a restorative justice process under section 22 , regardless of whether or not the child admitted committing the offence to the police officer.\n- (a) any cautions administered to the child for any offence; and\n- (b) whether any previous restorative justice agreements have been made by the child.\n- (a) the chief executive returns the referral under section 32 (1) ; or\n- (b) the child fails to comply with a restorative justice agreement made as a consequence of the referral.\n- (a) make an order of dismissal under the Justices Act 1886 , section 149 and give the child a certificate of the dismissal; or\n- (b) give the child a certificate of dismissal under the Criminal Code , section 700 ;","sortOrder":57},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Identifying particulars","content":"## Identifying particulars","sortOrder":58},{"sectionNumber":"sec.25","sectionType":"section","heading":"Application by police officer for permission to take child’s identifying particulars","content":"### sec.25 Application by police officer for permission to take child’s identifying particulars\n\nThis section applies if a child has been charged, without being arrested, with an indictable offence or an offence against any of the following Acts that is an arrest offence—\nCriminal Code\nDrugs Misuse Act 1986\nPolice Service Administration Act 1990\nRegulatory Offences Act 1985\nSummary Offences Act 2005\nWeapons Act 1990 .\nA police officer (the applicant ) may apply to a Childrens Court magistrate (the court ) to have all or any of the identifying particulars of the child taken.\nThe applicant must give notice of the application to—\nthe child; and\na parent of the child, unless a parent can not be found after reasonable inquiry; and\nthe chief executive.\nThe court may decide the application in the absence of a person mentioned in subsection (3) , if the court is satisfied that subsection (3) has been complied with.\nOn the application—\nthe applicant and anyone mentioned in subsection (3) is entitled to be heard and to provide evidence; and\nthe court may act on statements of information and belief.\nThe court may order the identifying particulars to be taken if it is satisfied, on the balance of probabilities, of all the following facts—\nsomeone has committed the charged offence;\nthere is evidence of identifying particulars of the offender that are of the same type as the identifying particulars the applicant seeks to have taken from the child;\nthe child is reasonably suspected of being the offender;\nthe order is necessary for the proper conduct of the investigation of the offence.\nThe order must state the investigation for which the order is made.\nIf the child will not be in custody when the particulars are taken, the order must require the child to report to a police officer at a stated police station between stated hours within 7 days to enable a police officer to take the identifying particulars.\nA child must not contravene the order.\nMaximum penalty (subject to part 7 )—10 penalty units.\nIf the child will be in custody when the particulars are taken, the order must require the particulars to be taken at the place the child is held in custody.\nThis section is subject to section 26 .\nIn this section—\ncharged offence means the offence with which the child is charged or an offence arising out of the same, or the same set of, circumstances.\nparent , of a child, includes someone who is apparently a parent of the child.\ns 25 sub 2002 No. 39 ss 7 , 9\namd 2005 No. 4 s 30 sch 1\n(sec.25-ssec.1) This section applies if a child has been charged, without being arrested, with an indictable offence or an offence against any of the following Acts that is an arrest offence— Criminal Code Drugs Misuse Act 1986 Police Service Administration Act 1990 Regulatory Offences Act 1985 Summary Offences Act 2005 Weapons Act 1990 .\n(sec.25-ssec.2) A police officer (the applicant ) may apply to a Childrens Court magistrate (the court ) to have all or any of the identifying particulars of the child taken.\n(sec.25-ssec.3) The applicant must give notice of the application to— the child; and a parent of the child, unless a parent can not be found after reasonable inquiry; and the chief executive.\n(sec.25-ssec.4) The court may decide the application in the absence of a person mentioned in subsection (3) , if the court is satisfied that subsection (3) has been complied with.\n(sec.25-ssec.5) On the application— the applicant and anyone mentioned in subsection (3) is entitled to be heard and to provide evidence; and the court may act on statements of information and belief.\n(sec.25-ssec.6) The court may order the identifying particulars to be taken if it is satisfied, on the balance of probabilities, of all the following facts— someone has committed the charged offence; there is evidence of identifying particulars of the offender that are of the same type as the identifying particulars the applicant seeks to have taken from the child; the child is reasonably suspected of being the offender; the order is necessary for the proper conduct of the investigation of the offence.\n(sec.25-ssec.7) The order must state the investigation for which the order is made.\n(sec.25-ssec.8) If the child will not be in custody when the particulars are taken, the order must require the child to report to a police officer at a stated police station between stated hours within 7 days to enable a police officer to take the identifying particulars.\n(sec.25-ssec.9) A child must not contravene the order. Maximum penalty (subject to part 7 )—10 penalty units.\n(sec.25-ssec.10) If the child will be in custody when the particulars are taken, the order must require the particulars to be taken at the place the child is held in custody.\n(sec.25-ssec.11) This section is subject to section 26 .\n(sec.25-ssec.12) In this section— charged offence means the offence with which the child is charged or an offence arising out of the same, or the same set of, circumstances. parent , of a child, includes someone who is apparently a parent of the child.\n- • Criminal Code\n- • Drugs Misuse Act 1986\n- • Police Service Administration Act 1990\n- • Regulatory Offences Act 1985\n- • Summary Offences Act 2005\n- • Weapons Act 1990 .\n- (a) the child; and\n- (b) a parent of the child, unless a parent can not be found after reasonable inquiry; and\n- (c) the chief executive.\n- (a) the applicant and anyone mentioned in subsection (3) is entitled to be heard and to provide evidence; and\n- (b) the court may act on statements of information and belief.\n- (a) someone has committed the charged offence;\n- (b) there is evidence of identifying particulars of the offender that are of the same type as the identifying particulars the applicant seeks to have taken from the child;\n- (c) the child is reasonably suspected of being the offender;\n- (d) the order is necessary for the proper conduct of the investigation of the offence.","sortOrder":59},{"sectionNumber":"sec.26","sectionType":"section","heading":"Support person must be present when identifying particulars are taken","content":"### sec.26 Support person must be present when identifying particulars are taken\n\nIn a proceeding for an offence, a court must not admit into evidence against a defendant identifying particulars taken from the defendant under section 25 unless the court is satisfied a support person chosen by the child was present when the identifying particulars were taken.\nSubsection (1) does not apply if—\nthe prosecution satisfies the court there was proper and sufficient reason for the absence of a support person when the particulars were taken; and\nthe court considers that, in the particular circumstances, the particulars should be admitted into evidence.\nThis section does not require that a police officer permit or cause to be present when the identifying particulars are taken a person whom the police officer suspects on reasonable grounds—\nis an accomplice of the child; or\nis, or is likely to become, an accessory after the fact;\nfor the offence or another offence under investigation.\nAlso, this section does not require that a police officer permit or cause to be present when the identifying particulars are taken a parent of the child whom the police officer suspects on reasonable grounds is a person against whom the offence under investigation is alleged to have been committed.\nThis section does not limit the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion.\ns 26 sub 2002 No. 39 ss 7 , 9\n(sec.26-ssec.1) In a proceeding for an offence, a court must not admit into evidence against a defendant identifying particulars taken from the defendant under section 25 unless the court is satisfied a support person chosen by the child was present when the identifying particulars were taken.\n(sec.26-ssec.2) Subsection (1) does not apply if— the prosecution satisfies the court there was proper and sufficient reason for the absence of a support person when the particulars were taken; and the court considers that, in the particular circumstances, the particulars should be admitted into evidence.\n(sec.26-ssec.3) This section does not require that a police officer permit or cause to be present when the identifying particulars are taken a person whom the police officer suspects on reasonable grounds— is an accomplice of the child; or is, or is likely to become, an accessory after the fact; for the offence or another offence under investigation.\n(sec.26-ssec.4) Also, this section does not require that a police officer permit or cause to be present when the identifying particulars are taken a parent of the child whom the police officer suspects on reasonable grounds is a person against whom the offence under investigation is alleged to have been committed.\n(sec.26-ssec.5) This section does not limit the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion.\n- (a) the prosecution satisfies the court there was proper and sufficient reason for the absence of a support person when the particulars were taken; and\n- (b) the court considers that, in the particular circumstances, the particulars should be admitted into evidence.\n- (a) is an accomplice of the child; or\n- (b) is, or is likely to become, an accessory after the fact;","sortOrder":60},{"sectionNumber":"sec.27","sectionType":"section","heading":"Destruction of identifying particulars taken under court order","content":"### sec.27 Destruction of identifying particulars taken under court order\n\nIdentifying particulars taken from a child under an order under section 25 must be destroyed if the investigation for which the order was made does not result in a sentence order being made.\nFor subsection (1) , the destruction must happen within 7 days of whichever of the following happens last—\nif the investigation is for an offence for which a proceeding had started when the order was made and the proceeding ends without a sentence order being made—the end of the proceeding;\nif the investigation is for an offence for which a proceeding is started within 28 days after the order is made and the proceeding ends without a sentence order being made—the end of the proceeding;\nif the investigation is for an offence for which a proceeding is not started within 28 days of the order—the end of the period of 28 days.\nSee the extended meaning of charged offence in section 25 .\nAn applicant who obtains an order to have identifying particulars taken from a child under section 25 must not fail to ensure the particulars are destroyed under this section, unless the applicant has a reasonable excuse for failing to do so.\nA failure to comply with subsection (3) may be dealt with as a breach of discipline under the Police Service Administration Act 1990 .\ns 27 sub 2002 No. 39 ss 7 , 9\namd 2012 No. 41 s 7\n(sec.27-ssec.1) Identifying particulars taken from a child under an order under section 25 must be destroyed if the investigation for which the order was made does not result in a sentence order being made.\n(sec.27-ssec.2) For subsection (1) , the destruction must happen within 7 days of whichever of the following happens last— if the investigation is for an offence for which a proceeding had started when the order was made and the proceeding ends without a sentence order being made—the end of the proceeding; if the investigation is for an offence for which a proceeding is started within 28 days after the order is made and the proceeding ends without a sentence order being made—the end of the proceeding; if the investigation is for an offence for which a proceeding is not started within 28 days of the order—the end of the period of 28 days. See the extended meaning of charged offence in section 25 .\n(sec.27-ssec.3) An applicant who obtains an order to have identifying particulars taken from a child under section 25 must not fail to ensure the particulars are destroyed under this section, unless the applicant has a reasonable excuse for failing to do so.\n(sec.27-ssec.4) A failure to comply with subsection (3) may be dealt with as a breach of discipline under the Police Service Administration Act 1990 .\n- (a) if the investigation is for an offence for which a proceeding had started when the order was made and the proceeding ends without a sentence order being made—the end of the proceeding;\n- (b) if the investigation is for an offence for which a proceeding is started within 28 days after the order is made and the proceeding ends without a sentence order being made—the end of the proceeding;\n- (c) if the investigation is for an offence for which a proceeding is not started within 28 days of the order—the end of the period of 28 days.","sortOrder":61},{"sectionNumber":"sec.28","sectionType":"section","heading":"Division does not limit other provisions","content":"### sec.28 Division does not limit other provisions\n\nThis division does not limit provisions of the Police Powers and Responsibilities Act 2000 authorising the taking of someone’s identifying particulars to the extent to which those provisions apply to a child.\ns 28 sub 2002 No. 39 ss 7 , 9","sortOrder":62},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Statements","content":"## Statements","sortOrder":63},{"sectionNumber":"sec.29","sectionType":"section","heading":"Support person must be present for statement to be admissible","content":"### sec.29 Support person must be present for statement to be admissible\n\nIn a proceeding for an indictable offence, a court must not admit into evidence against the defendant a statement made or given to a police officer by the defendant when a child, unless the court is satisfied a support person was present with the child at the time and place the statement was made or given.\nSubsection (1) does not apply if—\nthe prosecution satisfies the court there was a proper and sufficient reason for the absence of a support person at the time the statement was made or given; and\nThere was a reasonable suspicion that allowing a support person to be present would result in an accomplice or accessory of the relevant person taking steps to avoid apprehension.\nA support person was excluded under the Police Powers and Responsibilities Act 2000 .\nthe court considers that, in the particular circumstances, the statement should be admitted into evidence.\nThis section does not require that a police officer permit or cause to be present when a child makes or gives the statement a person the police officer suspects on reasonable grounds—\nis an accomplice of the child; or\nis, or is likely to become, an accessory after the fact;\nin relation to the offence or another offence under investigation.\nThis section does not limit the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion.\ns 29 amd 1996 No. 22 s 16\nsub 2002 No. 39 ss 7 , 9\n(sec.29-ssec.1) In a proceeding for an indictable offence, a court must not admit into evidence against the defendant a statement made or given to a police officer by the defendant when a child, unless the court is satisfied a support person was present with the child at the time and place the statement was made or given.\n(sec.29-ssec.2) Subsection (1) does not apply if— the prosecution satisfies the court there was a proper and sufficient reason for the absence of a support person at the time the statement was made or given; and There was a reasonable suspicion that allowing a support person to be present would result in an accomplice or accessory of the relevant person taking steps to avoid apprehension. A support person was excluded under the Police Powers and Responsibilities Act 2000 . the court considers that, in the particular circumstances, the statement should be admitted into evidence.\n(sec.29-ssec.3) This section does not require that a police officer permit or cause to be present when a child makes or gives the statement a person the police officer suspects on reasonable grounds— is an accomplice of the child; or is, or is likely to become, an accessory after the fact; in relation to the offence or another offence under investigation.\n(sec.29-ssec.4) This section does not limit the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion.\n- (a) the prosecution satisfies the court there was a proper and sufficient reason for the absence of a support person at the time the statement was made or given; and Examples— 1 There was a reasonable suspicion that allowing a support person to be present would result in an accomplice or accessory of the relevant person taking steps to avoid apprehension. 2 A support person was excluded under the Police Powers and Responsibilities Act 2000 .\n- 1 There was a reasonable suspicion that allowing a support person to be present would result in an accomplice or accessory of the relevant person taking steps to avoid apprehension.\n- 2 A support person was excluded under the Police Powers and Responsibilities Act 2000 .\n- (b) the court considers that, in the particular circumstances, the statement should be admitted into evidence.\n- 1 There was a reasonable suspicion that allowing a support person to be present would result in an accomplice or accessory of the relevant person taking steps to avoid apprehension.\n- 2 A support person was excluded under the Police Powers and Responsibilities Act 2000 .\n- (a) is an accomplice of the child; or\n- (b) is, or is likely to become, an accessory after the fact;","sortOrder":64},{"sectionNumber":"pt.3","sectionType":"part","heading":"Restorative justice processes","content":"# Restorative justice processes","sortOrder":65},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":66},{"sectionNumber":"sec.30","sectionType":"section","heading":"Object of part","content":"### sec.30 Object of part\n\nThe object of this part is to provide for the use of a restorative justice process for a child who commits an offence.\ns 30 amd 1993 No. 32 s 3 sch 1\nsub 2002 No. 39 ss 7 , 9\namd 2012 No. 41 s 8\nsub 2016 No. 39 s 16","sortOrder":67},{"sectionNumber":"sec.31","sectionType":"section","heading":"The restorative justice process","content":"### sec.31 The restorative justice process\n\nThis part applies if a police officer or a court (each a referring authority ) refers an offence to the chief executive for a restorative justice process.\nThe restorative justice process is to be a conference.\nHowever, the restorative justice process is to be an alternative diversion program if—\nthe referral is made by a police officer under section 22 or made by a court under section 24A or 164 ; and\na conference can not be convened for any reason other than—\nthe chief executive being unable to contact the child after reasonable inquiries; or\nthe child being unwilling to participate in the conference.\ns 31 sub 2002 No. 39 ss 7 , 9\namd 2009 No. 25 s 83 sch\nsub 2012 No. 41 s 9 ; 2016 No. 39 s 16\n(sec.31-ssec.1) This part applies if a police officer or a court (each a referring authority ) refers an offence to the chief executive for a restorative justice process.\n(sec.31-ssec.2) The restorative justice process is to be a conference.\n(sec.31-ssec.3) However, the restorative justice process is to be an alternative diversion program if— the referral is made by a police officer under section 22 or made by a court under section 24A or 164 ; and a conference can not be convened for any reason other than— the chief executive being unable to contact the child after reasonable inquiries; or the child being unwilling to participate in the conference.\n- (a) the referral is made by a police officer under section 22 or made by a court under section 24A or 164 ; and\n- (b) a conference can not be convened for any reason other than— (i) the chief executive being unable to contact the child after reasonable inquiries; or (ii) the child being unwilling to participate in the conference.\n- (i) the chief executive being unable to contact the child after reasonable inquiries; or\n- (ii) the child being unwilling to participate in the conference.\n- (i) the chief executive being unable to contact the child after reasonable inquiries; or\n- (ii) the child being unwilling to participate in the conference.","sortOrder":68},{"sectionNumber":"sec.32","sectionType":"section","heading":"Returning referrals","content":"### sec.32 Returning referrals\n\nThe chief executive may, by written notice given to the referring authority, return the referral if—\nthe chief executive is unable to contact the child after reasonable inquiries; or\nthe chief executive has made reasonable requirements of the child to attend an interview about the process and the child has failed to attend as required; or\nthe chief executive considers it necessary for a victim of the offence to participate and the victim does not wish to participate or can not be located after reasonable inquiries; or\nduring the restorative justice process the child denies committing the offence to the chief executive, a convenor or victim of the offence; or\nthe chief executive is satisfied that an appropriate restorative justice agreement is unlikely to be made within a time the chief executive considers appropriate; or\nthe chief executive considers that the referral is unsuitable for a restorative justice process; or\na conference is convened for the referral and the convenor ends the conference without an agreement being made.\nThe notice must state the reasons for returning the referral, and the reasons may be considered by a court in any later proceeding for sentencing the child for the offence.\nThe referring authority must make reasonable efforts to inform the child that the referral has been returned.\ns 32 ins 2002 No. 39 s 7\nsub 2012 No. 41 s 10 ; 2016 No. 39 s 16\n(sec.32-ssec.1) The chief executive may, by written notice given to the referring authority, return the referral if— the chief executive is unable to contact the child after reasonable inquiries; or the chief executive has made reasonable requirements of the child to attend an interview about the process and the child has failed to attend as required; or the chief executive considers it necessary for a victim of the offence to participate and the victim does not wish to participate or can not be located after reasonable inquiries; or during the restorative justice process the child denies committing the offence to the chief executive, a convenor or victim of the offence; or the chief executive is satisfied that an appropriate restorative justice agreement is unlikely to be made within a time the chief executive considers appropriate; or the chief executive considers that the referral is unsuitable for a restorative justice process; or a conference is convened for the referral and the convenor ends the conference without an agreement being made.\n(sec.32-ssec.2) The notice must state the reasons for returning the referral, and the reasons may be considered by a court in any later proceeding for sentencing the child for the offence.\n(sec.32-ssec.3) The referring authority must make reasonable efforts to inform the child that the referral has been returned.\n- (a) the chief executive is unable to contact the child after reasonable inquiries; or\n- (b) the chief executive has made reasonable requirements of the child to attend an interview about the process and the child has failed to attend as required; or\n- (c) the chief executive considers it necessary for a victim of the offence to participate and the victim does not wish to participate or can not be located after reasonable inquiries; or\n- (d) during the restorative justice process the child denies committing the offence to the chief executive, a convenor or victim of the offence; or\n- (e) the chief executive is satisfied that an appropriate restorative justice agreement is unlikely to be made within a time the chief executive considers appropriate; or\n- (f) the chief executive considers that the referral is unsuitable for a restorative justice process; or\n- (g) a conference is convened for the referral and the convenor ends the conference without an agreement being made.","sortOrder":69},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Conferences","content":"## Conferences","sortOrder":70},{"sectionNumber":"sec.33","sectionType":"section","heading":"Object of division","content":"### sec.33 Object of division\n\nThis division provides for the use of a conference to allow a child, who commits an offence, and other concerned persons to consider or deal with the offence in a way that benefits all concerned.\ns 33 ins 2002 No. 39 s 7\nsub 2012 No. 41 s 11 ; 2016 No. 39 s 16","sortOrder":71},{"sectionNumber":"sec.34","sectionType":"section","heading":"Who may participate in conference","content":"### sec.34 Who may participate in conference\n\nThe following persons are entitled to participate in the conference—\nthe child;\nthe victim;\nthe convenor;\na representative of the commissioner of the police service;\na parent of the child;\nif requested by the child, 1 or more of the following—\nthe child’s legal representative;\na member of the child’s family;\nanother adult;\nif requested by the victim, 1 or more of the following—\nthe victim’s legal representative;\na member of the victim’s family;\nanother adult;\nanother person approved by the convenor.\na representative of the chief executive\na person present for the purpose of training, research or education\nfor an Aboriginal or Torres Strait Islander child who is from an Aboriginal or Torres Strait Islander community, a respected person of the community or a representative of a community justice group that may be in the community\nTo ensure that a victim of the offence is informed of his or her entitlement to participate in the conference, the referring authority must give the chief executive contact information for the victims of the offence.\nFor subsection (1) (h) , if the child is an Aboriginal or Torres Strait Islander person from an Aboriginal or Torres Strait Islander community, the convenor must consider inviting to attend the conference either or both of the following—\na respected person of the community;\nif there is a community justice group in the community—a representative of the community justice group.\ns 34 ins 2002 No. 39 s 7\namd 2004 No. 11 s 596 sch 1 ; 2009 No. 34 s 11 ; 2012 No. 41 s 12\nsub 2016 No. 39 s 16\n(sec.34-ssec.1) The following persons are entitled to participate in the conference— the child; the victim; the convenor; a representative of the commissioner of the police service; a parent of the child; if requested by the child, 1 or more of the following— the child’s legal representative; a member of the child’s family; another adult; if requested by the victim, 1 or more of the following— the victim’s legal representative; a member of the victim’s family; another adult; another person approved by the convenor. a representative of the chief executive a person present for the purpose of training, research or education for an Aboriginal or Torres Strait Islander child who is from an Aboriginal or Torres Strait Islander community, a respected person of the community or a representative of a community justice group that may be in the community\n(sec.34-ssec.2) To ensure that a victim of the offence is informed of his or her entitlement to participate in the conference, the referring authority must give the chief executive contact information for the victims of the offence.\n(sec.34-ssec.3) For subsection (1) (h) , if the child is an Aboriginal or Torres Strait Islander person from an Aboriginal or Torres Strait Islander community, the convenor must consider inviting to attend the conference either or both of the following— a respected person of the community; if there is a community justice group in the community—a representative of the community justice group.\n- (a) the child;\n- (b) the victim;\n- (c) the convenor;\n- (d) a representative of the commissioner of the police service;\n- (e) a parent of the child;\n- (f) if requested by the child, 1 or more of the following— (i) the child’s legal representative; (ii) a member of the child’s family; (iii) another adult;\n- (i) the child’s legal representative;\n- (ii) a member of the child’s family;\n- (iii) another adult;\n- (g) if requested by the victim, 1 or more of the following— (i) the victim’s legal representative; (ii) a member of the victim’s family; (iii) another adult;\n- (i) the victim’s legal representative;\n- (ii) a member of the victim’s family;\n- (iii) another adult;\n- (h) another person approved by the convenor. Examples for paragraph (h) — 1 a representative of the chief executive 2 a person present for the purpose of training, research or education 3 for an Aboriginal or Torres Strait Islander child who is from an Aboriginal or Torres Strait Islander community, a respected person of the community or a representative of a community justice group that may be in the community\n- 1 a representative of the chief executive\n- 2 a person present for the purpose of training, research or education\n- 3 for an Aboriginal or Torres Strait Islander child who is from an Aboriginal or Torres Strait Islander community, a respected person of the community or a representative of a community justice group that may be in the community\n- (i) the child’s legal representative;\n- (ii) a member of the child’s family;\n- (iii) another adult;\n- (i) the victim’s legal representative;\n- (ii) a member of the victim’s family;\n- (iii) another adult;\n- 1 a representative of the chief executive\n- 2 a person present for the purpose of training, research or education\n- 3 for an Aboriginal or Torres Strait Islander child who is from an Aboriginal or Torres Strait Islander community, a respected person of the community or a representative of a community justice group that may be in the community\n- (a) a respected person of the community;\n- (b) if there is a community justice group in the community—a representative of the community justice group.","sortOrder":72},{"sectionNumber":"sec.35","sectionType":"section","heading":"Convening conference","content":"### sec.35 Convening conference\n\nThe conference may be convened only if—\nthe child and the convenor attend the conference; and\nthere is a degree of victim participation in the conference through—\nthe attendance of the victim or a representative of the victim; or\nthe use of pre-recorded communication recorded by the victim for use in the conference; or\na representative of an organisation that advocates on behalf of victims of crime.\nThe convenor is responsible for convening the conference and must be independent of the circumstances of the offence.\nThe conference must be directed towards making a conference agreement.\nIf the child is not legally represented at the conference, the convenor must ensure the child—\nis informed of the right to obtain legal advice; and\nhas reasonable information about how to obtain legal advice and a reasonable opportunity to do so.\nThe conference ends when a conference agreement is made or the convenor brings the conference to an end because—\nthe child fails to attend the conference as required; or\nthe child denies committing the offence at the conference; or\nthe convenor concludes a participant’s conduct or failure will result in a conference agreement being unlikely to be made; or\nthe convenor concludes a conference agreement is unlikely to be made within a time the convenor considers appropriate.\nIf the conference ends without a conference agreement but the convenor considers it is worthwhile persisting with efforts to make a conference agreement, the convenor may convene another conference.\ns 35 ins 2002 No. 39 s 7\nsub 2012 No. 41 s 13 ; 2016 No. 39 s 16\n(sec.35-ssec.1) The conference may be convened only if— the child and the convenor attend the conference; and there is a degree of victim participation in the conference through— the attendance of the victim or a representative of the victim; or the use of pre-recorded communication recorded by the victim for use in the conference; or a representative of an organisation that advocates on behalf of victims of crime.\n(sec.35-ssec.2) The convenor is responsible for convening the conference and must be independent of the circumstances of the offence.\n(sec.35-ssec.3) The conference must be directed towards making a conference agreement.\n(sec.35-ssec.4) If the child is not legally represented at the conference, the convenor must ensure the child— is informed of the right to obtain legal advice; and has reasonable information about how to obtain legal advice and a reasonable opportunity to do so.\n(sec.35-ssec.5) The conference ends when a conference agreement is made or the convenor brings the conference to an end because— the child fails to attend the conference as required; or the child denies committing the offence at the conference; or the convenor concludes a participant’s conduct or failure will result in a conference agreement being unlikely to be made; or the convenor concludes a conference agreement is unlikely to be made within a time the convenor considers appropriate.\n(sec.35-ssec.6) If the conference ends without a conference agreement but the convenor considers it is worthwhile persisting with efforts to make a conference agreement, the convenor may convene another conference.\n- (a) the child and the convenor attend the conference; and\n- (b) there is a degree of victim participation in the conference through— (i) the attendance of the victim or a representative of the victim; or (ii) the use of pre-recorded communication recorded by the victim for use in the conference; or (iii) a representative of an organisation that advocates on behalf of victims of crime.\n- (i) the attendance of the victim or a representative of the victim; or\n- (ii) the use of pre-recorded communication recorded by the victim for use in the conference; or\n- (iii) a representative of an organisation that advocates on behalf of victims of crime.\n- (i) the attendance of the victim or a representative of the victim; or\n- (ii) the use of pre-recorded communication recorded by the victim for use in the conference; or\n- (iii) a representative of an organisation that advocates on behalf of victims of crime.\n- (a) is informed of the right to obtain legal advice; and\n- (b) has reasonable information about how to obtain legal advice and a reasonable opportunity to do so.\n- (a) the child fails to attend the conference as required; or\n- (b) the child denies committing the offence at the conference; or\n- (c) the convenor concludes a participant’s conduct or failure will result in a conference agreement being unlikely to be made; or\n- (d) the convenor concludes a conference agreement is unlikely to be made within a time the convenor considers appropriate.","sortOrder":73},{"sectionNumber":"sec.36","sectionType":"section","heading":"Conference agreement","content":"### sec.36 Conference agreement\n\nA conference agreement is an agreement reached at the conference—\nin which a child admits committing the offence; and\nin which the child undertakes to address the harm caused by the child committing the offence.\nThe conference agreement must be in the approved form and be agreed to and signed by—\nthe child; and\nthe convenor; and\nif a representative of the commissioner of the police service participates in the conference—the representative; and\nif a victim of the offence participates in the conference—the victim.\nIf a court makes a presentence referral, the court must, amongst other things, have regard to the child’s obligations, and anything done by the child, under the conference agreement in sentencing the child for the offence. See section 165 (6) .\nThe conference agreement may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court or in a way that contravenes the sentencing principles in section 150 .\nA copy of the conference agreement must immediately be given to each person who signed the agreement.\nTo remove any doubt, it is declared that the conference agreement may contain a requirement that the child must comply with outside the State.\nA conference agreement may require the child to perform voluntary work for a charity that is located outside the State.\nHowever, the conference agreement is not evidence that the child committed the offence.\ns 36 ins 2002 No. 39 s 7\nsub 2012 No. 41 s 14 ; 2016 No. 39 s 16\namd 2024 No. 54 s 46\n(sec.36-ssec.1) A conference agreement is an agreement reached at the conference— in which a child admits committing the offence; and in which the child undertakes to address the harm caused by the child committing the offence.\n(sec.36-ssec.2) The conference agreement must be in the approved form and be agreed to and signed by— the child; and the convenor; and if a representative of the commissioner of the police service participates in the conference—the representative; and if a victim of the offence participates in the conference—the victim. If a court makes a presentence referral, the court must, amongst other things, have regard to the child’s obligations, and anything done by the child, under the conference agreement in sentencing the child for the offence. See section 165 (6) .\n(sec.36-ssec.3) The conference agreement may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court or in a way that contravenes the sentencing principles in section 150 .\n(sec.36-ssec.4) A copy of the conference agreement must immediately be given to each person who signed the agreement.\n(sec.36-ssec.5) To remove any doubt, it is declared that the conference agreement may contain a requirement that the child must comply with outside the State. A conference agreement may require the child to perform voluntary work for a charity that is located outside the State.\n(sec.36-ssec.6) However, the conference agreement is not evidence that the child committed the offence.\n- (a) in which a child admits committing the offence; and\n- (b) in which the child undertakes to address the harm caused by the child committing the offence.\n- (a) the child; and\n- (b) the convenor; and\n- (c) if a representative of the commissioner of the police service participates in the conference—the representative; and\n- (d) if a victim of the offence participates in the conference—the victim.","sortOrder":74},{"sectionNumber":"sec.37","sectionType":"section","heading":"Amendment of conference agreement by chief executive","content":"### sec.37 Amendment of conference agreement by chief executive\n\nThis section applies if the chief executive considers that the conference agreement is or becomes unworkable, including, for example, because compliance with the agreement has become impossible or unsafe.\nThe chief executive may, if the child agrees, amend the conference agreement to the extent necessary to make the agreement workable.\nIn deciding how to amend the conference agreement, the chief executive must take reasonable steps to find out, and give effect to, the views of each participant who signed the agreement.\nThe amended conference agreement replaces the original agreement and takes effect from its amendment by the chief executive.\nAfter amending the conference agreement, the chief executive must make reasonable efforts to give a copy of the amended agreement to each participant who signed the agreement.\ns 37 ins 2002 No. 39 s 7\namd 2012 No. 41 s 15 ; 2013 No. 31 s 81\nsub 2016 No. 39 s 16\n(sec.37-ssec.1) This section applies if the chief executive considers that the conference agreement is or becomes unworkable, including, for example, because compliance with the agreement has become impossible or unsafe.\n(sec.37-ssec.2) The chief executive may, if the child agrees, amend the conference agreement to the extent necessary to make the agreement workable.\n(sec.37-ssec.3) In deciding how to amend the conference agreement, the chief executive must take reasonable steps to find out, and give effect to, the views of each participant who signed the agreement.\n(sec.37-ssec.4) The amended conference agreement replaces the original agreement and takes effect from its amendment by the chief executive.\n(sec.37-ssec.5) After amending the conference agreement, the chief executive must make reasonable efforts to give a copy of the amended agreement to each participant who signed the agreement.","sortOrder":75},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Alternative diversion programs","content":"## Alternative diversion programs","sortOrder":76},{"sectionNumber":"sec.38","sectionType":"section","heading":"Alternative diversion program","content":"### sec.38 Alternative diversion program\n\nAn alternative diversion program is a program, agreed to by the chief executive and the child, that involves the child participating in any of the following to address the child’s behaviour—\nremedial actions;\nactivities intended to strengthen the child’s relationship with the child’s family and community;\neducational programs.\nThe program must be designed to—\nhelp the child to understand the harm caused by his or her behaviour; and\nallow the child an opportunity to take responsibility for the offence committed by the child.\nThe program may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court or in a way that contravenes the sentencing principles in section 150 .\nThe program must be in writing and be signed by the child.\nThe chief executive must give the referring authority a copy of the alternative diversion program.\ns 38 ins 2002 No. 39 s 7\nsub 2016 No. 39 s 16\n(sec.38-ssec.1) An alternative diversion program is a program, agreed to by the chief executive and the child, that involves the child participating in any of the following to address the child’s behaviour— remedial actions; activities intended to strengthen the child’s relationship with the child’s family and community; educational programs.\n(sec.38-ssec.2) The program must be designed to— help the child to understand the harm caused by his or her behaviour; and allow the child an opportunity to take responsibility for the offence committed by the child.\n(sec.38-ssec.3) The program may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court or in a way that contravenes the sentencing principles in section 150 .\n(sec.38-ssec.4) The program must be in writing and be signed by the child.\n(sec.38-ssec.5) The chief executive must give the referring authority a copy of the alternative diversion program.\n- (a) remedial actions;\n- (b) activities intended to strengthen the child’s relationship with the child’s family and community;\n- (c) educational programs.\n- (a) help the child to understand the harm caused by his or her behaviour; and\n- (b) allow the child an opportunity to take responsibility for the offence committed by the child.","sortOrder":77},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":78},{"sectionNumber":"sec.39","sectionType":"section","heading":"Convenors","content":"### sec.39 Convenors\n\nA convenor is responsible for convening a conference.\nThe chief executive may approve appropriately qualified persons as convenors.\nA convenor has all the powers—\nnecessary to perform the responsibilities of a convenor; or\nconferred on the convenor under this Act or another Act.\ns 39 ins 2002 No. 39 s 7\nsub 2016 No. 39 s 16\n(sec.39-ssec.1) A convenor is responsible for convening a conference.\n(sec.39-ssec.2) The chief executive may approve appropriately qualified persons as convenors.\n(sec.39-ssec.3) A convenor has all the powers— necessary to perform the responsibilities of a convenor; or conferred on the convenor under this Act or another Act.\n- (a) necessary to perform the responsibilities of a convenor; or\n- (b) conferred on the convenor under this Act or another Act.","sortOrder":79},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 ins 2002 No. 39 s 7\namd 2012 No. 41 s 16\nsub 2016 No. 39 s 16\nom 2024 No. 45 s 117","sortOrder":80},{"sectionNumber":"sec.41","sectionType":"section","heading":"Notice of successful completion of restorative justice agreement","content":"### sec.41 Notice of successful completion of restorative justice agreement\n\nIf a child discharges his or her obligations under a restorative justice agreement made as a consequence of a restorative justice process, the chief executive must notify the referring authority for the process accordingly.\ns 41 ins 2002 No. 39 s 7\namd 2012 No. 41 s 17 ; 2013 No. 31 s 82\nsub 2016 No. 39 s 16","sortOrder":81},{"sectionNumber":"pt.4","sectionType":"part","heading":"Proceedings generally started by complaint and summons","content":"# Proceedings generally started by complaint and summons","sortOrder":82},{"sectionNumber":"sec.42","sectionType":"section","heading":"Preferred way of starting proceedings","content":"### sec.42 Preferred way of starting proceedings\n\nA proceeding against a child for an offence, other than a serious offence, must be started by way of complaint and summons.\nThis section does not apply to a police officer.\nThe requirement for a police officer to start a proceeding by complaint and summons or notice to appear is dealt with by section 12 .\nThis section does not affect—\nthe charging of a child under the Justices Act 1886 , section 42 (1A) ; or\nthe arrest of a child for escaping from lawful custody or who is unlawfully at large; or\na proceeding against a child on an indictment.\ns 42 sub 2002 No. 39 s 9\namd 2014 No. 9 s 3A ; 2016 No. 38 s 5\n(sec.42-ssec.1) A proceeding against a child for an offence, other than a serious offence, must be started by way of complaint and summons.\n(sec.42-ssec.2) This section does not apply to a police officer. The requirement for a police officer to start a proceeding by complaint and summons or notice to appear is dealt with by section 12 .\n(sec.42-ssec.3) This section does not affect— the charging of a child under the Justices Act 1886 , section 42 (1A) ; or the arrest of a child for escaping from lawful custody or who is unlawfully at large; or a proceeding against a child on an indictment.\n- (a) the charging of a child under the Justices Act 1886 , section 42 (1A) ; or\n- (b) the arrest of a child for escaping from lawful custody or who is unlawfully at large; or\n- (c) a proceeding against a child on an indictment.","sortOrder":83},{"sectionNumber":"sec.43","sectionType":"section","heading":"Service of complaint and summons if offender a child","content":"### sec.43 Service of complaint and summons if offender a child\n\nA complaint and summons requiring a child to appear before a court to answer a complaint of an offence must be served on the child a reasonable time before the child is required to appear before the court.\nThe complaint is also to be served on—\na parent of the child, unless a parent can not be found after reasonable inquiry; and\nthe chief executive.\nA person serving a complaint and summons on a child must do so—\nas discreetly as practicable; and\nnot at or in the vicinity of the child’s place of employment or school, unless there is no other place where service may be reasonably effected.\nSubject to the Police Powers and Responsibilities Act 2000 , sections 382 (3) and 388 , this section does not apply to a notice to appear.\nIn this section—\nparent , of a child, includes someone who is apparently a parent of the child.\ns 43 amd 1996 No. 22 s 17 ; 2002 No. 39 s 11 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.43-ssec.1) A complaint and summons requiring a child to appear before a court to answer a complaint of an offence must be served on the child a reasonable time before the child is required to appear before the court.\n(sec.43-ssec.2) The complaint is also to be served on— a parent of the child, unless a parent can not be found after reasonable inquiry; and the chief executive.\n(sec.43-ssec.3) A person serving a complaint and summons on a child must do so— as discreetly as practicable; and not at or in the vicinity of the child’s place of employment or school, unless there is no other place where service may be reasonably effected.\n(sec.43-ssec.4) Subject to the Police Powers and Responsibilities Act 2000 , sections 382 (3) and 388 , this section does not apply to a notice to appear.\n(sec.43-ssec.5) In this section— parent , of a child, includes someone who is apparently a parent of the child.\n- (a) a parent of the child, unless a parent can not be found after reasonable inquiry; and\n- (b) the chief executive.\n- (a) as discreetly as practicable; and\n- (b) not at or in the vicinity of the child’s place of employment or school, unless there is no other place where service may be reasonably effected.","sortOrder":84},{"sectionNumber":"sec.44","sectionType":"section","heading":"Proof of service of complaint and summons in compliance with this Act","content":"### sec.44 Proof of service of complaint and summons in compliance with this Act\n\nA statement in a deposition made for the purposes of the Justices Act 1886 , section 56 (3) (b) that the complaint and summons was served as required by this Act is evidence of that fact.\nThe Justices Act 1886 , section 56 (5) applies to the deposition.\n(sec.44-ssec.1) A statement in a deposition made for the purposes of the Justices Act 1886 , section 56 (3) (b) that the complaint and summons was served as required by this Act is evidence of that fact.\n(sec.44-ssec.2) The Justices Act 1886 , section 56 (5) applies to the deposition.","sortOrder":85},{"sectionNumber":"sec.45","sectionType":"section","heading":"No costs against child for lodgement of complaint and summons","content":"### sec.45 No costs against child for lodgement of complaint and summons\n\nIn a proceeding started against a child by complaint and summons, a court must not order the child to pay the cost of lodging the complaint and summons with the clerk of the court.","sortOrder":86},{"sectionNumber":"sec.46","sectionType":"section","heading":"Proceeding in relation to simple offence in absence of child","content":"### sec.46 Proceeding in relation to simple offence in absence of child\n\nSubject to subsection (2) , a Childrens Court magistrate may hear and determine a proceeding against a child in relation to a complaint and summons for a simple offence in the absence of the child in the way set out in the Justices Act 1886 , part 6 .\nUnder subsection (1) , the only sentence order a Childrens Court magistrate may make against a child in the child’s absence is an order imposing a fine, and then only if the child has indicated in writing to the court that the child has a capacity to pay a fine of a specified amount that is equal to or greater than the fine ordered to be paid.\n(sec.46-ssec.1) Subject to subsection (2) , a Childrens Court magistrate may hear and determine a proceeding against a child in relation to a complaint and summons for a simple offence in the absence of the child in the way set out in the Justices Act 1886 , part 6 .\n(sec.46-ssec.2) Under subsection (1) , the only sentence order a Childrens Court magistrate may make against a child in the child’s absence is an order imposing a fine, and then only if the child has indicated in writing to the court that the child has a capacity to pay a fine of a specified amount that is equal to or greater than the fine ordered to be paid.","sortOrder":87},{"sectionNumber":"pt.5","sectionType":"part","heading":"Bail and custody of children","content":"# Bail and custody of children","sortOrder":88},{"sectionNumber":"sec.47","sectionType":"section","heading":"Bail Act 1980 applies","content":"### sec.47 Bail Act 1980 applies\n\nSubject to this Act, the Bail Act 1980 applies in relation to a child charged with an offence.\nParticular provisions of the Bail Act 1980 do not apply in relation to children. See, for example, sections 7 , 11 , 16 and 16A of that Act.\nA review of a sentence order under part 6 , division 9 is an appeal for the purposes of the Bail Act 1980 .\ns 47 amd 2014 No. 9 s 4A ; 2016 No. 38 s 7 ; 2019 No. 23 s 9\n(sec.47-ssec.1) Subject to this Act, the Bail Act 1980 applies in relation to a child charged with an offence. Particular provisions of the Bail Act 1980 do not apply in relation to children. See, for example, sections 7 , 11 , 16 and 16A of that Act.\n(sec.47-ssec.2) A review of a sentence order under part 6 , division 9 is an appeal for the purposes of the Bail Act 1980 .","sortOrder":89},{"sectionNumber":"sec.48","sectionType":"section","heading":"Releasing children in custody in connection with a charge of an offence","content":"### sec.48 Releasing children in custody in connection with a charge of an offence\n\nThis section applies if a court or police officer is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody.\nThe court or police officer must decide to release the child unless required under this Act or another Act to keep the child in custody or exercising a discretion under this or another Act to keep the child in custody.\nSee, for example, sections 48AAA (2) , 48AE , 48AF and 48A for when a child must not be released from custody.\nSee also the Bail Act 1980 , section 13 for when only particular courts may grant a person bail.\ns 48 ins 2002 No. 39 s 12\namd 2005 No. 70 s 114 ; 2009 No. 34 s 12 ; 2019 No. 10 s 26\nsub 2019 No. 23 s 10\namd 2020 No. 19 s 158 ; 2021 No. 9 s 20\n(sec.48-ssec.1) This section applies if a court or police officer is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody.\n(sec.48-ssec.2) The court or police officer must decide to release the child unless required under this Act or another Act to keep the child in custody or exercising a discretion under this or another Act to keep the child in custody. See, for example, sections 48AAA (2) , 48AE , 48AF and 48A for when a child must not be released from custody. See also the Bail Act 1980 , section 13 for when only particular courts may grant a person bail.\n- 1 See, for example, sections 48AAA (2) , 48AE , 48AF and 48A for when a child must not be released from custody.\n- 2 See also the Bail Act 1980 , section 13 for when only particular courts may grant a person bail.","sortOrder":90},{"sectionNumber":"sec.48AAA","sectionType":"section","heading":"Releasing children in custody—risk assessment","content":"### sec.48AAA Releasing children in custody—risk assessment\n\nThis section applies if a court or police officer is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody.\nThe court or police officer must decide to keep the child in custody if satisfied—\nif the child is released, there is an unacceptable risk that the child will commit an offence that endangers the safety of the community or the safety or welfare of a person; and\nit is not practicable to adequately mitigate that risk by imposing particular conditions of release on bail.\nAlso, the court or police officer may decide to keep the child in custody if satisfied that, if the child is released, there is an unacceptable risk that—\nthe child will not surrender into custody in accordance with a condition imposed on the release or a grant of bail to the child; or\nthe child will commit an offence, other than an offence mentioned in subsection (2) (a) ; or\nthe child will interfere with a witness or otherwise obstruct the course of justice, whether for the child or another person.\nSubsection (5) applies if—\nthe child is before a court; and\nthe court has information indicating there may be an unacceptable risk of a matter mentioned in subsection (2) or (3) , but does not have enough information to properly consider the matter.\nThe court may remand the child in custody while further information about the matter is obtained.\ns 48AAA ins 2020 No. 19 s 159\n(sec.48AAA-ssec.1) This section applies if a court or police officer is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody.\n(sec.48AAA-ssec.2) The court or police officer must decide to keep the child in custody if satisfied— if the child is released, there is an unacceptable risk that the child will commit an offence that endangers the safety of the community or the safety or welfare of a person; and it is not practicable to adequately mitigate that risk by imposing particular conditions of release on bail.\n(sec.48AAA-ssec.3) Also, the court or police officer may decide to keep the child in custody if satisfied that, if the child is released, there is an unacceptable risk that— the child will not surrender into custody in accordance with a condition imposed on the release or a grant of bail to the child; or the child will commit an offence, other than an offence mentioned in subsection (2) (a) ; or the child will interfere with a witness or otherwise obstruct the course of justice, whether for the child or another person.\n(sec.48AAA-ssec.4) Subsection (5) applies if— the child is before a court; and the court has information indicating there may be an unacceptable risk of a matter mentioned in subsection (2) or (3) , but does not have enough information to properly consider the matter.\n(sec.48AAA-ssec.5) The court may remand the child in custody while further information about the matter is obtained.\n- (a) if the child is released, there is an unacceptable risk that the child will commit an offence that endangers the safety of the community or the safety or welfare of a person; and\n- (b) it is not practicable to adequately mitigate that risk by imposing particular conditions of release on bail.\n- (a) the child will not surrender into custody in accordance with a condition imposed on the release or a grant of bail to the child; or\n- (b) the child will commit an offence, other than an offence mentioned in subsection (2) (a) ; or\n- (c) the child will interfere with a witness or otherwise obstruct the course of justice, whether for the child or another person.\n- (a) the child is before a court; and\n- (b) the court has information indicating there may be an unacceptable risk of a matter mentioned in subsection (2) or (3) , but does not have enough information to properly consider the matter.","sortOrder":91},{"sectionNumber":"sec.48AA","sectionType":"section","heading":"Matters to be considered in making particular decisions about release and bail","content":"### sec.48AA Matters to be considered in making particular decisions about release and bail\n\nThis section applies if a court or police officer is making any of the following decisions in relation to a child in custody in connection with a charge of an offence (the alleged offence )—\nwhether there is an unacceptable risk of a matter mentioned in section 48AAA (2) ;\nwhether there is an unacceptable risk of a matter mentioned in section 48AAA (3) ;\nwhether to release the child despite being satisfied there is an unacceptable risk of a matter mentioned in section 48AAA (3) ;\nwhether to release the child without bail or grant bail to the child;\nwhether the child has shown cause under section 48AF (2) why the child’s detention in custody is not justified.\nThe court or police officer must have regard to the following matters of which the court or police officer is aware—\nany promotion by the child of terrorism;\nany association the child has or has had with a terrorist organisation, or with a person who has promoted terrorism, that the court or police officer is satisfied was entered into by the child for the purpose of supporting the organisation or person—\nin the carrying out of a terrorist act; or\nin promoting terrorism.\nSee also section 48AB .\nAlso, if the decision is being made by a court, the court must have regard to the sentence order or other order likely to be made for the child if found guilty.\nIn making a decision mentioned in subsection (1) —\nthe court or police officer may have regard to any of the following matters of which the court or police officer is aware—\nthe nature and seriousness of the alleged offence;\nthe child’s criminal history and other relevant history, associations, home environment, employment and background;\nthe history of a previous grant of bail to the child;\nthe strength of the evidence against the child relating to the alleged offence;\nthe child’s age, maturity level, cognitive ability and developmental needs;\nwhether a parent of the child, or another person, has indicated a willingness to the court or police officer that the parent or other person will do any of the following things—\nsupport the child to comply with the conditions imposed on a grant of bail;\nnotify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail;\nnotify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail;\nif the child is an Aboriginal person or Torres Strait Islander—a submission made by a representative of the community justice group in the child’s community, including, for example, a submission about—\nthe child’s connection with the child’s community, family or kin; or\ncultural considerations; or\nconsiderations relating to programs and services established for offenders in which the community justice group participates;\nSee also section 48AC .\nany other relevant matter; and\nfor a decision mentioned in subsection (1) (d) —the court or police officer may have regard to any of the following—\nthe desirability of strengthening and preserving the relationship between the child and the child’s parents and family;\nthe desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment;\nthe desirability of minimising adverse effects on the child’s reputation that may arise from being kept in custody;\nthe child’s exposure to, experience of and reaction to trauma;\nthe child’s health, including the child’s need for medical assessment or medical treatment;\nfor a child with a disability—the disability and the child’s need for services and supports in relation to the disability;\nif the child is an Aboriginal person or Torres Strait Islander—the desirability of maintaining the child’s connection with the child’s community, family and kin;\nif the child is under 14 years—the particular desirability of releasing children under 14 years from custody due to their vulnerability and community expectations that children under 14 years are entitled to special care and protection;\nthe likely effect that refusal to release the child would have on—\na person with whom the child is in a family relationship and for whom the child is the primary caregiver; or\na person with whom the child is in an informal care relationship; or\nif the child is pregnant—the child of the pregnancy.\nIn deciding whether there is an unacceptable risk of a matter mentioned in section 48AAA (3) , the court or police officer may—\nconsider whether a condition could, under section 52A , be imposed on a grant of bail to the child; and\nhave regard to the effect on the risk of imposing the condition.\nThe court or police officer must not decide there is an unacceptable risk of a matter mentioned in section 48AAA (2) or (3) , or to refuse to release a child from custody, solely because 1 or both of the following apply—\nthe child has no apparent family support;\nthe child will not have accommodation, or adequate accommodation, on release from custody.\nIn this section—\nterrorist organisation see the Criminal Code (Cwlth), section 102 .1(1).\ns 48AA ins 2019 No. 23 s 10\namd 2020 No. 19 s 160 ; 2021 No. 9 s 21 ; 2024 No. 5 s 96 ; 2024 No. 54 s 11\n(sec.48AA-ssec.1) This section applies if a court or police officer is making any of the following decisions in relation to a child in custody in connection with a charge of an offence (the alleged offence )— whether there is an unacceptable risk of a matter mentioned in section 48AAA (2) ; whether there is an unacceptable risk of a matter mentioned in section 48AAA (3) ; whether to release the child despite being satisfied there is an unacceptable risk of a matter mentioned in section 48AAA (3) ; whether to release the child without bail or grant bail to the child; whether the child has shown cause under section 48AF (2) why the child’s detention in custody is not justified.\n(sec.48AA-ssec.2) The court or police officer must have regard to the following matters of which the court or police officer is aware— any promotion by the child of terrorism; any association the child has or has had with a terrorist organisation, or with a person who has promoted terrorism, that the court or police officer is satisfied was entered into by the child for the purpose of supporting the organisation or person— in the carrying out of a terrorist act; or in promoting terrorism. See also section 48AB .\n(sec.48AA-ssec.3) Also, if the decision is being made by a court, the court must have regard to the sentence order or other order likely to be made for the child if found guilty.\n(sec.48AA-ssec.4) In making a decision mentioned in subsection (1) — the court or police officer may have regard to any of the following matters of which the court or police officer is aware— the nature and seriousness of the alleged offence; the child’s criminal history and other relevant history, associations, home environment, employment and background; the history of a previous grant of bail to the child; the strength of the evidence against the child relating to the alleged offence; the child’s age, maturity level, cognitive ability and developmental needs; whether a parent of the child, or another person, has indicated a willingness to the court or police officer that the parent or other person will do any of the following things— support the child to comply with the conditions imposed on a grant of bail; notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail; notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail; if the child is an Aboriginal person or Torres Strait Islander—a submission made by a representative of the community justice group in the child’s community, including, for example, a submission about— the child’s connection with the child’s community, family or kin; or cultural considerations; or considerations relating to programs and services established for offenders in which the community justice group participates; See also section 48AC . any other relevant matter; and for a decision mentioned in subsection (1) (d) —the court or police officer may have regard to any of the following— the desirability of strengthening and preserving the relationship between the child and the child’s parents and family; the desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment; the desirability of minimising adverse effects on the child’s reputation that may arise from being kept in custody; the child’s exposure to, experience of and reaction to trauma; the child’s health, including the child’s need for medical assessment or medical treatment; for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; if the child is an Aboriginal person or Torres Strait Islander—the desirability of maintaining the child’s connection with the child’s community, family and kin; if the child is under 14 years—the particular desirability of releasing children under 14 years from custody due to their vulnerability and community expectations that children under 14 years are entitled to special care and protection; the likely effect that refusal to release the child would have on— a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or a person with whom the child is in an informal care relationship; or if the child is pregnant—the child of the pregnancy.\n(sec.48AA-ssec.5) In deciding whether there is an unacceptable risk of a matter mentioned in section 48AAA (3) , the court or police officer may— consider whether a condition could, under section 52A , be imposed on a grant of bail to the child; and have regard to the effect on the risk of imposing the condition.\n(sec.48AA-ssec.6) The court or police officer must not decide there is an unacceptable risk of a matter mentioned in section 48AAA (2) or (3) , or to refuse to release a child from custody, solely because 1 or both of the following apply— the child has no apparent family support; the child will not have accommodation, or adequate accommodation, on release from custody.\n(sec.48AA-ssec.7) In this section— terrorist organisation see the Criminal Code (Cwlth), section 102 .1(1).\n- (a) whether there is an unacceptable risk of a matter mentioned in section 48AAA (2) ;\n- (b) whether there is an unacceptable risk of a matter mentioned in section 48AAA (3) ;\n- (c) whether to release the child despite being satisfied there is an unacceptable risk of a matter mentioned in section 48AAA (3) ;\n- (d) whether to release the child without bail or grant bail to the child;\n- (e) whether the child has shown cause under section 48AF (2) why the child’s detention in custody is not justified.\n- (a) any promotion by the child of terrorism;\n- (b) any association the child has or has had with a terrorist organisation, or with a person who has promoted terrorism, that the court or police officer is satisfied was entered into by the child for the purpose of supporting the organisation or person— (i) in the carrying out of a terrorist act; or (ii) in promoting terrorism. Note— See also section 48AB .\n- (i) in the carrying out of a terrorist act; or\n- (ii) in promoting terrorism.\n- (i) in the carrying out of a terrorist act; or\n- (ii) in promoting terrorism.\n- (a) the court or police officer may have regard to any of the following matters of which the court or police officer is aware— (i) the nature and seriousness of the alleged offence; (ii) the child’s criminal history and other relevant history, associations, home environment, employment and background; (iii) the history of a previous grant of bail to the child; (iv) the strength of the evidence against the child relating to the alleged offence; (v) the child’s age, maturity level, cognitive ability and developmental needs; (vi) whether a parent of the child, or another person, has indicated a willingness to the court or police officer that the parent or other person will do any of the following things— (A) support the child to comply with the conditions imposed on a grant of bail; (B) notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail; (C) notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail; (vii) if the child is an Aboriginal person or Torres Strait Islander—a submission made by a representative of the community justice group in the child’s community, including, for example, a submission about— (A) the child’s connection with the child’s community, family or kin; or (B) cultural considerations; or (C) considerations relating to programs and services established for offenders in which the community justice group participates; Note— See also section 48AC . (viii) any other relevant matter; and\n- (i) the nature and seriousness of the alleged offence;\n- (ii) the child’s criminal history and other relevant history, associations, home environment, employment and background;\n- (iii) the history of a previous grant of bail to the child;\n- (iv) the strength of the evidence against the child relating to the alleged offence;\n- (v) the child’s age, maturity level, cognitive ability and developmental needs;\n- (vi) whether a parent of the child, or another person, has indicated a willingness to the court or police officer that the parent or other person will do any of the following things— (A) support the child to comply with the conditions imposed on a grant of bail; (B) notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail; (C) notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail;\n- (A) support the child to comply with the conditions imposed on a grant of bail;\n- (B) notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail;\n- (C) notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail;\n- (vii) if the child is an Aboriginal person or Torres Strait Islander—a submission made by a representative of the community justice group in the child’s community, including, for example, a submission about— (A) the child’s connection with the child’s community, family or kin; or (B) cultural considerations; or (C) considerations relating to programs and services established for offenders in which the community justice group participates; Note— See also section 48AC .\n- (A) the child’s connection with the child’s community, family or kin; or\n- (B) cultural considerations; or\n- (C) considerations relating to programs and services established for offenders in which the community justice group participates;\n- (viii) any other relevant matter; and\n- (b) for a decision mentioned in subsection (1) (d) —the court or police officer may have regard to any of the following— (ii) the desirability of strengthening and preserving the relationship between the child and the child’s parents and family; (iii) the desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment; (iv) the desirability of minimising adverse effects on the child’s reputation that may arise from being kept in custody; (v) the child’s exposure to, experience of and reaction to trauma; (vi) the child’s health, including the child’s need for medical assessment or medical treatment; (vii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; (viii) if the child is an Aboriginal person or Torres Strait Islander—the desirability of maintaining the child’s connection with the child’s community, family and kin; (ix) if the child is under 14 years—the particular desirability of releasing children under 14 years from custody due to their vulnerability and community expectations that children under 14 years are entitled to special care and protection; (x) the likely effect that refusal to release the child would have on— (A) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or (B) a person with whom the child is in an informal care relationship; or (C) if the child is pregnant—the child of the pregnancy.\n- (ii) the desirability of strengthening and preserving the relationship between the child and the child’s parents and family;\n- (iii) the desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment;\n- (iv) the desirability of minimising adverse effects on the child’s reputation that may arise from being kept in custody;\n- (v) the child’s exposure to, experience of and reaction to trauma;\n- (vi) the child’s health, including the child’s need for medical assessment or medical treatment;\n- (vii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability;\n- (viii) if the child is an Aboriginal person or Torres Strait Islander—the desirability of maintaining the child’s connection with the child’s community, family and kin;\n- (ix) if the child is under 14 years—the particular desirability of releasing children under 14 years from custody due to their vulnerability and community expectations that children under 14 years are entitled to special care and protection;\n- (x) the likely effect that refusal to release the child would have on— (A) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or (B) a person with whom the child is in an informal care relationship; or (C) if the child is pregnant—the child of the pregnancy.\n- (A) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or\n- (B) a person with whom the child is in an informal care relationship; or\n- (C) if the child is pregnant—the child of the pregnancy.\n- (i) the nature and seriousness of the alleged offence;\n- (ii) the child’s criminal history and other relevant history, associations, home environment, employment and background;\n- (iii) the history of a previous grant of bail to the child;\n- (iv) the strength of the evidence against the child relating to the alleged offence;\n- (v) the child’s age, maturity level, cognitive ability and developmental needs;\n- (vi) whether a parent of the child, or another person, has indicated a willingness to the court or police officer that the parent or other person will do any of the following things— (A) support the child to comply with the conditions imposed on a grant of bail; (B) notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail; (C) notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail;\n- (A) support the child to comply with the conditions imposed on a grant of bail;\n- (B) notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail;\n- (C) notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail;\n- (vii) if the child is an Aboriginal person or Torres Strait Islander—a submission made by a representative of the community justice group in the child’s community, including, for example, a submission about— (A) the child’s connection with the child’s community, family or kin; or (B) cultural considerations; or (C) considerations relating to programs and services established for offenders in which the community justice group participates; Note— See also section 48AC .\n- (A) the child’s connection with the child’s community, family or kin; or\n- (B) cultural considerations; or\n- (C) considerations relating to programs and services established for offenders in which the community justice group participates;\n- (viii) any other relevant matter; and\n- (A) support the child to comply with the conditions imposed on a grant of bail;\n- (B) notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail;\n- (C) notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail;\n- (A) the child’s connection with the child’s community, family or kin; or\n- (B) cultural considerations; or\n- (C) considerations relating to programs and services established for offenders in which the community justice group participates;\n- (ii) the desirability of strengthening and preserving the relationship between the child and the child’s parents and family;\n- (iii) the desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment;\n- (iv) the desirability of minimising adverse effects on the child’s reputation that may arise from being kept in custody;\n- (v) the child’s exposure to, experience of and reaction to trauma;\n- (vi) the child’s health, including the child’s need for medical assessment or medical treatment;\n- (vii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability;\n- (viii) if the child is an Aboriginal person or Torres Strait Islander—the desirability of maintaining the child’s connection with the child’s community, family and kin;\n- (ix) if the child is under 14 years—the particular desirability of releasing children under 14 years from custody due to their vulnerability and community expectations that children under 14 years are entitled to special care and protection;\n- (x) the likely effect that refusal to release the child would have on— (A) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or (B) a person with whom the child is in an informal care relationship; or (C) if the child is pregnant—the child of the pregnancy.\n- (A) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or\n- (B) a person with whom the child is in an informal care relationship; or\n- (C) if the child is pregnant—the child of the pregnancy.\n- (A) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or\n- (B) a person with whom the child is in an informal care relationship; or\n- (C) if the child is pregnant—the child of the pregnancy.\n- (a) consider whether a condition could, under section 52A , be imposed on a grant of bail to the child; and\n- (b) have regard to the effect on the risk of imposing the condition.\n- (a) the child has no apparent family support;\n- (b) the child will not have accommodation, or adequate accommodation, on release from custody.","sortOrder":92},{"sectionNumber":"sec.48AB","sectionType":"section","heading":"Promotion of terrorism and references to terrorist acts","content":"### sec.48AB Promotion of terrorism and references to terrorist acts\n\nFor section 48AA (2) , a person or organisation promotes terrorism if the person or organisation—\ncarries out an activity to support the carrying out of a terrorist act; or\nmakes a statement in support of the carrying out of a terrorist act; or\ncarries out an activity, or makes a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\nTo remove any doubt, it is declared that a reference in section 48AA (2) or subsection (1) to a terrorist act—\nincludes a terrorist act that has not happened; and\nis not limited to a specific terrorist act.\ns 48AB ins 2019 No. 23 s 10\n(sec.48AB-ssec.1) For section 48AA (2) , a person or organisation promotes terrorism if the person or organisation— carries out an activity to support the carrying out of a terrorist act; or makes a statement in support of the carrying out of a terrorist act; or carries out an activity, or makes a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\n(sec.48AB-ssec.2) To remove any doubt, it is declared that a reference in section 48AA (2) or subsection (1) to a terrorist act— includes a terrorist act that has not happened; and is not limited to a specific terrorist act.\n- (a) carries out an activity to support the carrying out of a terrorist act; or\n- (b) makes a statement in support of the carrying out of a terrorist act; or\n- (c) carries out an activity, or makes a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\n- (a) includes a terrorist act that has not happened; and\n- (b) is not limited to a specific terrorist act.","sortOrder":93},{"sectionNumber":"sec.48AC","sectionType":"section","heading":"Representatives of community justice groups must advise of particular matters","content":"### sec.48AC Representatives of community justice groups must advise of particular matters\n\nThis section applies if a representative of a community justice group in a child’s community makes a submission to a court or police officer for section 48AA (4) (a) (vii) .\nThe representative must, if requested by the court or police officer, advise the court or police officer whether—\na member of the community justice group is related to the child or the victim of the offence with which the child has been charged; or\nthere are circumstances that give rise to a conflict of interest between a member of the community justice group and the child or victim of the offence.\ns 48AC ins 2019 No. 23 s 10\namd 2020 No. 19 s 161 ; 2021 No. 9 s 22\n(sec.48AC-ssec.1) This section applies if a representative of a community justice group in a child’s community makes a submission to a court or police officer for section 48AA (4) (a) (vii) .\n(sec.48AC-ssec.2) The representative must, if requested by the court or police officer, advise the court or police officer whether— a member of the community justice group is related to the child or the victim of the offence with which the child has been charged; or there are circumstances that give rise to a conflict of interest between a member of the community justice group and the child or victim of the offence.\n- (a) a member of the community justice group is related to the child or the victim of the offence with which the child has been charged; or\n- (b) there are circumstances that give rise to a conflict of interest between a member of the community justice group and the child or victim of the offence.","sortOrder":94},{"sectionNumber":"sec.48AD","sectionType":"section","heading":null,"content":"### Section sec.48AD\n\ns 48AD ins 2019 No. 23 s 10\nom 2020 No. 19 s 162","sortOrder":95},{"sectionNumber":"sec.48AE","sectionType":"section","heading":"Releasing children whose safety is endangered because of offence","content":"### sec.48AE Releasing children whose safety is endangered because of offence\n\nThis section applies in relation to a child in custody in connection with a charge of an offence.\nA court or police officer must not release the child from custody if satisfied—\nthe child’s safety would be endangered if the child were released; and\nthe factors endangering the child’s safety arise from the circumstances of the offence; and\nin the circumstances, there is no reasonably practicable way of ensuring the child’s safety other than by keeping the child in custody.\nA court or police officer must not decide it is satisfied of the matters mentioned in subsection (2) only because—\nthe child has no apparent family support; or\nthe child will not have accommodation, or adequate accommodation, on release from custody.\ns 48AE ins 2019 No. 23 s 10\namd 2021 No. 9 s 23\n(sec.48AE-ssec.1) This section applies in relation to a child in custody in connection with a charge of an offence.\n(sec.48AE-ssec.2) A court or police officer must not release the child from custody if satisfied— the child’s safety would be endangered if the child were released; and the factors endangering the child’s safety arise from the circumstances of the offence; and in the circumstances, there is no reasonably practicable way of ensuring the child’s safety other than by keeping the child in custody.\n(sec.48AE-ssec.3) A court or police officer must not decide it is satisfied of the matters mentioned in subsection (2) only because— the child has no apparent family support; or the child will not have accommodation, or adequate accommodation, on release from custody.\n- (a) the child’s safety would be endangered if the child were released; and\n- (b) the factors endangering the child’s safety arise from the circumstances of the offence; and\n- (c) in the circumstances, there is no reasonably practicable way of ensuring the child’s safety other than by keeping the child in custody.\n- (a) the child has no apparent family support; or\n- (b) the child will not have accommodation, or adequate accommodation, on release from custody.","sortOrder":96},{"sectionNumber":"sec.48AF","sectionType":"section","heading":"Releasing children charged with prescribed indictable offence committed while on release","content":"### sec.48AF Releasing children charged with prescribed indictable offence committed while on release\n\nThis section applies in relation to a child in custody in connection with a charge of a prescribed indictable offence if the offence is alleged to have been committed—\nwhile the child was released into the custody of a parent, or at large with or without bail, between the day of the child’s apprehension and the day of the child’s committal for trial for another indictable offence; or\nwhile the child was awaiting trial, or sentencing, for another indictable offence.\nA court or police officer must refuse to release the child from custody unless the child shows cause why the child’s detention in custody is not justified.\nIf a court releases the child, the order releasing the child must state the reasons for the decision.\nIf a police officer releases the child, the police officer must make a record of the reasons for the decision.\ns 48AF ins 2021 No. 9 s 24\n(sec.48AF-ssec.1) This section applies in relation to a child in custody in connection with a charge of a prescribed indictable offence if the offence is alleged to have been committed— while the child was released into the custody of a parent, or at large with or without bail, between the day of the child’s apprehension and the day of the child’s committal for trial for another indictable offence; or while the child was awaiting trial, or sentencing, for another indictable offence.\n(sec.48AF-ssec.2) A court or police officer must refuse to release the child from custody unless the child shows cause why the child’s detention in custody is not justified.\n(sec.48AF-ssec.3) If a court releases the child, the order releasing the child must state the reasons for the decision.\n(sec.48AF-ssec.4) If a police officer releases the child, the police officer must make a record of the reasons for the decision.\n- (a) while the child was released into the custody of a parent, or at large with or without bail, between the day of the child’s apprehension and the day of the child’s committal for trial for another indictable offence; or\n- (b) while the child was awaiting trial, or sentencing, for another indictable offence.","sortOrder":97},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Releasing children found guilty of terrorism offences or subject to Commonwealth control orders","content":"### sec.48A Releasing children found guilty of terrorism offences or subject to Commonwealth control orders\n\nThis section applies in relation to a child in custody in connection with a charge of an offence if the child—\nhas previously been found guilty of a terrorism offence; or\nis or has been the subject of a Commonwealth control order.\nDespite any other provision of this Act or the Bail Act 1980 , a court must not release the child from custody unless the court is satisfied exceptional circumstances exist to justify releasing the child.\nIn considering whether exceptional circumstances exist to justify releasing the child, the court may have regard to any relevant matter.\nIf the court releases the child, the order releasing the child must state the reasons for the decision.\nThis section does not affect the operation of section 48AAA (2) or (3) or 48AE .\ns 48A ins 2019 No. 10 s 27\namd 2019 No. 23 s 11 ; 2020 No. 19 s 163\n(sec.48A-ssec.1) This section applies in relation to a child in custody in connection with a charge of an offence if the child— has previously been found guilty of a terrorism offence; or is or has been the subject of a Commonwealth control order.\n(sec.48A-ssec.2) Despite any other provision of this Act or the Bail Act 1980 , a court must not release the child from custody unless the court is satisfied exceptional circumstances exist to justify releasing the child.\n(sec.48A-ssec.3) In considering whether exceptional circumstances exist to justify releasing the child, the court may have regard to any relevant matter.\n(sec.48A-ssec.4) If the court releases the child, the order releasing the child must state the reasons for the decision.\n(sec.48A-ssec.5) This section does not affect the operation of section 48AAA (2) or (3) or 48AE .\n- (a) has previously been found guilty of a terrorism offence; or\n- (b) is or has been the subject of a Commonwealth control order.","sortOrder":98},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Reasons for decisions to keep or remand children in custody","content":"### sec.48B Reasons for decisions to keep or remand children in custody\n\nIf a court makes an order keeping or remanding a child in custody in connection with a charge of an offence, the order must state the reasons for the decision.\nIf a police officer decides to keep a child in custody in connection with a charge of an offence, the police officer must make a record of the reasons for the decision.\nThe keeping or remanding of a child in custody is not unlawful merely because a court or police officer does not comply with subsection (1) or (2) .\nSubsection (1) is subject to the Bail Act 1980 , section 12 .\ns 48B ins 2019 No. 23 s 12\n(sec.48B-ssec.1) If a court makes an order keeping or remanding a child in custody in connection with a charge of an offence, the order must state the reasons for the decision.\n(sec.48B-ssec.2) If a police officer decides to keep a child in custody in connection with a charge of an offence, the police officer must make a record of the reasons for the decision.\n(sec.48B-ssec.3) The keeping or remanding of a child in custody is not unlawful merely because a court or police officer does not comply with subsection (1) or (2) .\n(sec.48B-ssec.4) Subsection (1) is subject to the Bail Act 1980 , section 12 .","sortOrder":99},{"sectionNumber":"sec.49","sectionType":"section","heading":"When arrested children must be brought before Childrens Court","content":"### sec.49 When arrested children must be brought before Childrens Court\n\nThis section applies if a child is arrested on a charge of an offence and is in custody in connection with the charge.\nThe child must be brought before the Childrens Court to be dealt with according to law—\nas soon as practicable and within 24 hours after the arrest; or\nif it is not practicable to constitute the court within 24 hours after the arrest—as soon as practicable on the next day the court can practicably be constituted.\nHowever, if the child is being detained under the Police Powers and Responsibilities Act 2000 , chapter 15 , part 2 , the child must be brought before the Childrens Court to be dealt with according to law—\nas soon as practicable and within 24 hours after the child’s detention under that part ends; or\nif it is not practicable to constitute the court within 24 hours after the child’s detention under that part ends—as soon as practicable on the next day the court can practicably be constituted.\nThis section does not apply if the child is being dealt with in a way mentioned in the Police Powers and Responsibilities Act 2000 , section 393 (2) (c) or (d) or (3) (b) .\ns 49 amd 2002 No. 39 s 13 ; 2004 No. 37 s 86 sch 1 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\nsub 2019 No. 23 s 13\n(sec.49-ssec.1) This section applies if a child is arrested on a charge of an offence and is in custody in connection with the charge.\n(sec.49-ssec.2) The child must be brought before the Childrens Court to be dealt with according to law— as soon as practicable and within 24 hours after the arrest; or if it is not practicable to constitute the court within 24 hours after the arrest—as soon as practicable on the next day the court can practicably be constituted.\n(sec.49-ssec.2A) However, if the child is being detained under the Police Powers and Responsibilities Act 2000 , chapter 15 , part 2 , the child must be brought before the Childrens Court to be dealt with according to law— as soon as practicable and within 24 hours after the child’s detention under that part ends; or if it is not practicable to constitute the court within 24 hours after the child’s detention under that part ends—as soon as practicable on the next day the court can practicably be constituted.\n(sec.49-ssec.3) This section does not apply if the child is being dealt with in a way mentioned in the Police Powers and Responsibilities Act 2000 , section 393 (2) (c) or (d) or (3) (b) .\n- (a) as soon as practicable and within 24 hours after the arrest; or\n- (b) if it is not practicable to constitute the court within 24 hours after the arrest—as soon as practicable on the next day the court can practicably be constituted.\n- (a) as soon as practicable and within 24 hours after the child’s detention under that part ends; or\n- (b) if it is not practicable to constitute the court within 24 hours after the child’s detention under that part ends—as soon as practicable on the next day the court can practicably be constituted.","sortOrder":100},{"sectionNumber":"sec.50","sectionType":"section","heading":"Dealing with children not brought before Childrens Court in accordance with s 49","content":"### sec.50 Dealing with children not brought before Childrens Court in accordance with s 49\n\nThis section applies if—\na child is arrested in connection with a charge of an offence and delivered into the custody of a police officer at a place that is a police station, police establishment or watch-house; and\nthe child is not being detained under the Police Powers and Responsibilities Act 2000 , chapter 15 , part 2 ; and\nsection 49 applies in relation to the child, but the child has not been brought before the Childrens Court in accordance with that section.\nThe police officer for the time being in charge of the place or, if the place is a watch-house, a prescribed police officer within the meaning of the Bail Act 1980 , section 7 , must—\ngive the child a release notice or a notice to appear and release the child from custody under section 51 ; or\ngrant bail to the child and release the child from custody under section 52 ; or\nkeep the child in custody.\nHowever, if the child is released under the Police Powers and Responsibilities Act 2000 , section 379 —\nsubsection (2) does not apply; and\nany proceeding against the child for the offence is discontinued even though the child may have been charged with having committed the offence.\nAlso—\nsubsection (2) applies subject to sections 48 , 48AAA and 48AE ; and\na police officer may not, under subsection (2) (a) , release the child if the child—\nhas previously been found guilty of a terrorism offence; or\nis or has been the subject of a Commonwealth control order; and\nsubsection (2) (b) applies subject to the Bail Act 1980 , section 13 .\ns 50 sub 2002 No. 39 s 14\namd 2003 No. 92 s 26 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2019 No. 10 s 28 ; 2019 No. 23 s 14 ; 2020 No. 19 s 164 ; 2025 No. 10 s 4\n(sec.50-ssec.1) This section applies if— a child is arrested in connection with a charge of an offence and delivered into the custody of a police officer at a place that is a police station, police establishment or watch-house; and the child is not being detained under the Police Powers and Responsibilities Act 2000 , chapter 15 , part 2 ; and section 49 applies in relation to the child, but the child has not been brought before the Childrens Court in accordance with that section.\n(sec.50-ssec.2) The police officer for the time being in charge of the place or, if the place is a watch-house, a prescribed police officer within the meaning of the Bail Act 1980 , section 7 , must— give the child a release notice or a notice to appear and release the child from custody under section 51 ; or grant bail to the child and release the child from custody under section 52 ; or keep the child in custody.\n(sec.50-ssec.3) However, if the child is released under the Police Powers and Responsibilities Act 2000 , section 379 — subsection (2) does not apply; and any proceeding against the child for the offence is discontinued even though the child may have been charged with having committed the offence.\n(sec.50-ssec.4) Also— subsection (2) applies subject to sections 48 , 48AAA and 48AE ; and a police officer may not, under subsection (2) (a) , release the child if the child— has previously been found guilty of a terrorism offence; or is or has been the subject of a Commonwealth control order; and subsection (2) (b) applies subject to the Bail Act 1980 , section 13 .\n- (a) a child is arrested in connection with a charge of an offence and delivered into the custody of a police officer at a place that is a police station, police establishment or watch-house; and\n- (b) the child is not being detained under the Police Powers and Responsibilities Act 2000 , chapter 15 , part 2 ; and\n- (c) section 49 applies in relation to the child, but the child has not been brought before the Childrens Court in accordance with that section.\n- (a) give the child a release notice or a notice to appear and release the child from custody under section 51 ; or\n- (b) grant bail to the child and release the child from custody under section 52 ; or\n- (c) keep the child in custody.\n- (a) subsection (2) does not apply; and\n- (b) any proceeding against the child for the offence is discontinued even though the child may have been charged with having committed the offence.\n- (a) subsection (2) applies subject to sections 48 , 48AAA and 48AE ; and\n- (b) a police officer may not, under subsection (2) (a) , release the child if the child— (i) has previously been found guilty of a terrorism offence; or (ii) is or has been the subject of a Commonwealth control order; and\n- (i) has previously been found guilty of a terrorism offence; or\n- (ii) is or has been the subject of a Commonwealth control order; and\n- (c) subsection (2) (b) applies subject to the Bail Act 1980 , section 13 .\n- (i) has previously been found guilty of a terrorism offence; or\n- (ii) is or has been the subject of a Commonwealth control order; and","sortOrder":101},{"sectionNumber":"sec.51","sectionType":"section","heading":"Release of child without bail","content":"### sec.51 Release of child without bail\n\nThis section applies if, under section 50 , a police officer decides to release a child without bail.\nThe officer may release the child into the custody of the child’s parents or release the child to go at large.\nBefore releasing the child, if the officer does not issue and give to the child a notice to appear, the officer must give the child a notice in the approved form (a release notice ).\nThe release notice must set out—\nthe child’s name; and\nthe offence or the nature of the warrant on which the child was held in custody; and\nthe name of the police officer who started the proceeding, or justice who issued the warrant, on which the child was held in custody; and\nthe court into whose custody the child is required to surrender under the conditions of release; and\nthe time and place the child is required to surrender into the court’s custody; and\na warning that a warrant will be issued for the child’s arrest if the child fails to surrender into the court’s custody.\ns 51 amd 1993 No. 32 s 3 sch 1 ; 1996 No. 22 s 3 sch 1 ; 2002 No. 39 s 15\n(sec.51-ssec.1) This section applies if, under section 50 , a police officer decides to release a child without bail.\n(sec.51-ssec.2) The officer may release the child into the custody of the child’s parents or release the child to go at large.\n(sec.51-ssec.3) Before releasing the child, if the officer does not issue and give to the child a notice to appear, the officer must give the child a notice in the approved form (a release notice ).\n(sec.51-ssec.4) The release notice must set out— the child’s name; and the offence or the nature of the warrant on which the child was held in custody; and the name of the police officer who started the proceeding, or justice who issued the warrant, on which the child was held in custody; and the court into whose custody the child is required to surrender under the conditions of release; and the time and place the child is required to surrender into the court’s custody; and a warning that a warrant will be issued for the child’s arrest if the child fails to surrender into the court’s custody.\n- (a) the child’s name; and\n- (b) the offence or the nature of the warrant on which the child was held in custody; and\n- (c) the name of the police officer who started the proceeding, or justice who issued the warrant, on which the child was held in custody; and\n- (d) the court into whose custody the child is required to surrender under the conditions of release; and\n- (e) the time and place the child is required to surrender into the court’s custody; and\n- (f) a warning that a warrant will be issued for the child’s arrest if the child fails to surrender into the court’s custody.","sortOrder":102},{"sectionNumber":"sec.52","sectionType":"section","heading":"Conditions of release on bail—generally","content":"### sec.52 Conditions of release on bail—generally\n\nThis section applies if a court or police officer decides to grant bail to a child who is being held in custody in connection with a charge of an offence.\nThe court or officer must release the child on the child’s own undertaking, without sureties and without deposit of money or other security, unless the court or officer is satisfied it would be inappropriate in all the circumstances.\nIf the court or officer does not release the child under subsection (2) , the court or officer must consider the conditions for the release of the child on bail in the following sequence—\nthe release of the child on the child’s own undertaking with a deposit of money or other security of stated value;\nthe release of the child on the child’s own undertaking with a surety or sureties of stated value;\nthe release of the child on the child’s own undertaking with a deposit of money or other security of stated value and a surety or sureties of stated value.\ns 52 ins 2002 No. 39 s 16\namd 2009 No. 34 s 13 ; 2019 No. 23 s 15\n(sec.52-ssec.1) This section applies if a court or police officer decides to grant bail to a child who is being held in custody in connection with a charge of an offence.\n(sec.52-ssec.2) The court or officer must release the child on the child’s own undertaking, without sureties and without deposit of money or other security, unless the court or officer is satisfied it would be inappropriate in all the circumstances.\n(sec.52-ssec.3) If the court or officer does not release the child under subsection (2) , the court or officer must consider the conditions for the release of the child on bail in the following sequence— the release of the child on the child’s own undertaking with a deposit of money or other security of stated value; the release of the child on the child’s own undertaking with a surety or sureties of stated value; the release of the child on the child’s own undertaking with a deposit of money or other security of stated value and a surety or sureties of stated value.\n- (a) the release of the child on the child’s own undertaking with a deposit of money or other security of stated value;\n- (b) the release of the child on the child’s own undertaking with a surety or sureties of stated value;\n- (c) the release of the child on the child’s own undertaking with a deposit of money or other security of stated value and a surety or sureties of stated value.","sortOrder":103},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Other conditions of release on bail","content":"### sec.52A Other conditions of release on bail\n\nThis section applies if a court or police officer is authorised or required under this Act or another Act to release a child in custody in connection with a charge of an offence.\nThe court or police officer may impose a condition on the grant of bail to the child, other than a condition under section 52 (3) or a condition about appearing before a court or surrendering into custody, only if the court or police officer is satisfied—\nthere is a risk of the child doing a thing mentioned in section 48AAA (2) (a) or (3) ; and\nthe condition is necessary to mitigate the risk; and\nthe condition does not, having regard to the following matters of which the court or police officer is aware, involve undue management or supervision of the child—\nthe child’s age, maturity level, cognitive ability and developmental needs;\nthe child’s health, including the child’s need for medical assessment or medical treatment;\nfor a child with a disability—the disability and the child’s need for services and supports in relation to the disability;\nthe child’s home environment;\nthe child’s ability to comply with the condition; and\nthe condition does not unduly restrict the child’s ability to carry out the child’s responsibilities for—\na person with whom the child is in a family relationship and for whom the child is the primary caregiver; or\na person with whom the child is in an informal care relationship; or\nif the child is pregnant—the child of the pregnancy.\ntransporting a child of the child to an appointment, childcare or school\nattending a medical appointment in relation to a pregnancy\ncultural obligations to a family member\nA condition imposed under subsection (2) —\nmust state the period the condition has effect (the stated period ); and\nstops having effect at the end of the stated period.\nIn deciding the stated period for a condition, the court or police officer must—\nconsider the matters mentioned in subsection (2) (c) ; and\nensure the stated period is no longer than is necessary to mitigate the risk mentioned in subsection (2) (a) .\nA police officer must not impose on a grant of bail to the child a condition that the child must wear a monitoring device while released on bail.\nSee also section 52AA .\nIf the child is not an Australian citizen or a permanent resident, the court or police officer must consider imposing a condition under subsection (2) requiring the child to surrender the child’s current passport.\nSubsection (2) does not limit the power of a court to impose conditions on a grant of bail under section 151 (9) .\nIn this section—\nAustralian citizen see the Australian Citizenship Act 2007 (Cwlth) , section 4 .\npermanent resident see the Bail Act 1980 , section 11 (10) .\ns 52A ins 2019 No. 23 s 16\namd 2020 No. 19 s 165 ; 2021 No. 9 s 25 ; 2024 No. 5 s 97 ; 2024 No. 45 s 118\n(sec.52A-ssec.1) This section applies if a court or police officer is authorised or required under this Act or another Act to release a child in custody in connection with a charge of an offence.\n(sec.52A-ssec.2) The court or police officer may impose a condition on the grant of bail to the child, other than a condition under section 52 (3) or a condition about appearing before a court or surrendering into custody, only if the court or police officer is satisfied— there is a risk of the child doing a thing mentioned in section 48AAA (2) (a) or (3) ; and the condition is necessary to mitigate the risk; and the condition does not, having regard to the following matters of which the court or police officer is aware, involve undue management or supervision of the child— the child’s age, maturity level, cognitive ability and developmental needs; the child’s health, including the child’s need for medical assessment or medical treatment; for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; the child’s home environment; the child’s ability to comply with the condition; and the condition does not unduly restrict the child’s ability to carry out the child’s responsibilities for— a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or a person with whom the child is in an informal care relationship; or if the child is pregnant—the child of the pregnancy. transporting a child of the child to an appointment, childcare or school attending a medical appointment in relation to a pregnancy cultural obligations to a family member\n(sec.52A-ssec.3) A condition imposed under subsection (2) — must state the period the condition has effect (the stated period ); and stops having effect at the end of the stated period.\n(sec.52A-ssec.4) In deciding the stated period for a condition, the court or police officer must— consider the matters mentioned in subsection (2) (c) ; and ensure the stated period is no longer than is necessary to mitigate the risk mentioned in subsection (2) (a) .\n(sec.52A-ssec.5) A police officer must not impose on a grant of bail to the child a condition that the child must wear a monitoring device while released on bail. See also section 52AA .\n(sec.52A-ssec.6) If the child is not an Australian citizen or a permanent resident, the court or police officer must consider imposing a condition under subsection (2) requiring the child to surrender the child’s current passport.\n(sec.52A-ssec.7) Subsection (2) does not limit the power of a court to impose conditions on a grant of bail under section 151 (9) .\n(sec.52A-ssec.8) In this section— Australian citizen see the Australian Citizenship Act 2007 (Cwlth) , section 4 . permanent resident see the Bail Act 1980 , section 11 (10) .\n- (a) there is a risk of the child doing a thing mentioned in section 48AAA (2) (a) or (3) ; and\n- (b) the condition is necessary to mitigate the risk; and\n- (c) the condition does not, having regard to the following matters of which the court or police officer is aware, involve undue management or supervision of the child— (i) the child’s age, maturity level, cognitive ability and developmental needs; (ii) the child’s health, including the child’s need for medical assessment or medical treatment; (iii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; (iv) the child’s home environment; (v) the child’s ability to comply with the condition; and\n- (i) the child’s age, maturity level, cognitive ability and developmental needs;\n- (ii) the child’s health, including the child’s need for medical assessment or medical treatment;\n- (iii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability;\n- (iv) the child’s home environment;\n- (v) the child’s ability to comply with the condition; and\n- (d) the condition does not unduly restrict the child’s ability to carry out the child’s responsibilities for— (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or (ii) a person with whom the child is in an informal care relationship; or (iii) if the child is pregnant—the child of the pregnancy. Examples of responsibilities— • transporting a child of the child to an appointment, childcare or school • attending a medical appointment in relation to a pregnancy • cultural obligations to a family member\n- (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or\n- (ii) a person with whom the child is in an informal care relationship; or\n- (iii) if the child is pregnant—the child of the pregnancy.\n- • transporting a child of the child to an appointment, childcare or school\n- • attending a medical appointment in relation to a pregnancy\n- • cultural obligations to a family member\n- (i) the child’s age, maturity level, cognitive ability and developmental needs;\n- (ii) the child’s health, including the child’s need for medical assessment or medical treatment;\n- (iii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability;\n- (iv) the child’s home environment;\n- (v) the child’s ability to comply with the condition; and\n- (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or\n- (ii) a person with whom the child is in an informal care relationship; or\n- (iii) if the child is pregnant—the child of the pregnancy.\n- • transporting a child of the child to an appointment, childcare or school\n- • attending a medical appointment in relation to a pregnancy\n- • cultural obligations to a family member\n- (a) must state the period the condition has effect (the stated period ); and\n- (b) stops having effect at the end of the stated period.\n- (a) consider the matters mentioned in subsection (2) (c) ; and\n- (b) ensure the stated period is no longer than is necessary to mitigate the risk mentioned in subsection (2) (a) .","sortOrder":104},{"sectionNumber":"sec.52AA","sectionType":"section","heading":"Court may impose monitoring device condition","content":"### sec.52AA Court may impose monitoring device condition\n\nA court may, under section 52A (2) , impose on a grant of bail to a child a condition that the child must wear a monitoring device while released on bail (a monitoring device condition ) if—\nthe child is at least 15 years; and\nthe offence in relation to which bail is being granted is a prescribed indictable offence; and\nthe child—\nhas previously been found guilty of at least 1 indictable offence; or\nhas, in the previous 12 months, been charged with a prescribed indictable offence and the charge—\nhas not been dealt with by a court, withdrawn or otherwise discontinued; and\ndoes not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and\nthe court is in a geographical area prescribed by regulation; and\nthe child lives in a geographical area prescribed by regulation; and\nthe court is satisfied, in addition to being satisfied of the matters mentioned in section 52A (2) , that imposing the monitoring device condition is appropriate having regard to the following matters—\nwhether the child has the capacity to understand the condition and any conditions under subsection (2) ;\nwhether the child is likely to comply with the condition and any conditions under subsection (2) having regard to the personal circumstances of the child;\nwhether the child has stable accommodation\nwhether the child has the support of a parent or another person to assist with compliance with the conditions\nwhether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service\nwhether the child has access to an electricity supply\nwhether a parent of the child, or another person, has indicated a willingness to the court to do any of the things mentioned in section 48AA (4) (a) (vi) ;\nany other matter the court considers relevant.\nSee the Human Rights Act 2019 , sections 19 , 22 , and 25 to 28.\nIf bail for a child is subject to a monitoring device condition, the court—\nmust consider making an order that the child be detained in custody until the monitoring device is fitted to the child; and\nmay impose any other condition the court considers necessary to facilitate the operation of the monitoring device.\na condition that requires the child to attend at a stated place to be fitted with the monitoring device\na condition that requires the child to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order\na condition that requires the child to permit a police officer to enter stated premises to install equipment necessary for the operation of the monitoring device\na condition that requires the child to permit a police officer to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order\na condition that requires the child to comply with a direction given by a police officer that is reasonably necessary for the operation of the monitoring device\nFor subsection (2) (a) , the child may be detained in custody only for the purpose of fitting the monitoring device and for the least time that is justified in the circumstances.\nA court, before it imposes on a grant of bail to a child a monitoring device condition, must order the chief executive to give to the court a report (a suitability assessment report ) containing the chief executive’s assessment of the child’s suitability for a monitoring device condition having regard to the matters mentioned in subsection (1) (f) .\nIf the court makes an order under subsection (3) , the chief executive must give the court the suitability assessment report—\nwithin the period stated by the court under subsection (3) ; or\nif no period has been stated by the court—as soon as practicable after the order is made.\nThe court must consider a suitability assessment report given to the court under subsection (4) .\nIf the court, under section 52A (2) , imposes on a grant of bail to a child a monitoring device condition and other conditions under subsection (2) (b) , the chief executive must make all necessary and convenient arrangements to ensure the imposition of the conditions.\nThe chief executive may, for the performance of the chief executive’s function under subsection (6) —\nask the commissioner of the police service to fit the monitoring device to, or remove the monitoring device from, the child; and\nask the chief executive (corrective services) to do any of the following—\nremotely monitor the monitoring device;\ncontact the child on a mobile phone in relation to an alert or notification from the monitoring device;\ngive information relating to alerts and notifications from the monitoring device to the chief executive and the commissioner of the police service.\nThe commissioner of the police service and the chief executive (corrective services) must comply with a request under subsection (7) .\nThe chief executive (corrective services) may delegate a function requested under subsection (7) (b) to a corrective services officer.\nThis section expires 5 years after the commencement.\nIn this section—\nfunction includes a power.\nprescribed indictable offence means—\na life offence; or\nan offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, other than an offence against the Drugs Misuse Act 1986 , section 9 (1) for which the maximum penalty is 15 years imprisonment; or\nan offence against any of the following provisions of the Criminal Code —\nsection 69 ;\nsection 75 ;\nsection 315A ;\nsection 323 ;\nsection 328A ;\nsection 339 ;\nsection 340 , to the extent the offence is not of a type mentioned in paragraph (b) ;\nsection 359 ;\nsection 359E ;\nsection 408A (1) , if the offence involves a motor vehicle and the child charged with the offence was allegedly the driver of the motor vehicle;\nsection 408A (1) to which section 408A (2) applies;\nsection 412 , to the extent the offence is not of a type mentioned in paragraph (a) or (b) ;\nsection 413 ;\nsection 414 .\ns 52AA ins 2021 No. 9 s 26\namd 2023 No. 3 s 14 ; 2024 No. 45 s 119 ; 2025 No. 5 s 3\nexp 30 April 2026 (see s 52AA(10))\n(sec.52AA-ssec.1) A court may, under section 52A (2) , impose on a grant of bail to a child a condition that the child must wear a monitoring device while released on bail (a monitoring device condition ) if— the child is at least 15 years; and the offence in relation to which bail is being granted is a prescribed indictable offence; and the child— has previously been found guilty of at least 1 indictable offence; or has, in the previous 12 months, been charged with a prescribed indictable offence and the charge— has not been dealt with by a court, withdrawn or otherwise discontinued; and does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and the court is in a geographical area prescribed by regulation; and the child lives in a geographical area prescribed by regulation; and the court is satisfied, in addition to being satisfied of the matters mentioned in section 52A (2) , that imposing the monitoring device condition is appropriate having regard to the following matters— whether the child has the capacity to understand the condition and any conditions under subsection (2) ; whether the child is likely to comply with the condition and any conditions under subsection (2) having regard to the personal circumstances of the child; whether the child has stable accommodation whether the child has the support of a parent or another person to assist with compliance with the conditions whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service whether the child has access to an electricity supply whether a parent of the child, or another person, has indicated a willingness to the court to do any of the things mentioned in section 48AA (4) (a) (vi) ; any other matter the court considers relevant. See the Human Rights Act 2019 , sections 19 , 22 , and 25 to 28.\n(sec.52AA-ssec.2) If bail for a child is subject to a monitoring device condition, the court— must consider making an order that the child be detained in custody until the monitoring device is fitted to the child; and may impose any other condition the court considers necessary to facilitate the operation of the monitoring device. a condition that requires the child to attend at a stated place to be fitted with the monitoring device a condition that requires the child to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order a condition that requires the child to permit a police officer to enter stated premises to install equipment necessary for the operation of the monitoring device a condition that requires the child to permit a police officer to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order a condition that requires the child to comply with a direction given by a police officer that is reasonably necessary for the operation of the monitoring device\n(sec.52AA-ssec.2A) For subsection (2) (a) , the child may be detained in custody only for the purpose of fitting the monitoring device and for the least time that is justified in the circumstances.\n(sec.52AA-ssec.3) A court, before it imposes on a grant of bail to a child a monitoring device condition, must order the chief executive to give to the court a report (a suitability assessment report ) containing the chief executive’s assessment of the child’s suitability for a monitoring device condition having regard to the matters mentioned in subsection (1) (f) .\n(sec.52AA-ssec.4) If the court makes an order under subsection (3) , the chief executive must give the court the suitability assessment report— within the period stated by the court under subsection (3) ; or if no period has been stated by the court—as soon as practicable after the order is made.\n(sec.52AA-ssec.5) The court must consider a suitability assessment report given to the court under subsection (4) .\n(sec.52AA-ssec.6) If the court, under section 52A (2) , imposes on a grant of bail to a child a monitoring device condition and other conditions under subsection (2) (b) , the chief executive must make all necessary and convenient arrangements to ensure the imposition of the conditions.\n(sec.52AA-ssec.7) The chief executive may, for the performance of the chief executive’s function under subsection (6) — ask the commissioner of the police service to fit the monitoring device to, or remove the monitoring device from, the child; and ask the chief executive (corrective services) to do any of the following— remotely monitor the monitoring device; contact the child on a mobile phone in relation to an alert or notification from the monitoring device; give information relating to alerts and notifications from the monitoring device to the chief executive and the commissioner of the police service.\n(sec.52AA-ssec.8) The commissioner of the police service and the chief executive (corrective services) must comply with a request under subsection (7) .\n(sec.52AA-ssec.9) The chief executive (corrective services) may delegate a function requested under subsection (7) (b) to a corrective services officer.\n(sec.52AA-ssec.10) This section expires 5 years after the commencement.\n(sec.52AA-ssec.11) In this section— function includes a power. prescribed indictable offence means— a life offence; or an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, other than an offence against the Drugs Misuse Act 1986 , section 9 (1) for which the maximum penalty is 15 years imprisonment; or an offence against any of the following provisions of the Criminal Code — section 69 ; section 75 ; section 315A ; section 323 ; section 328A ; section 339 ; section 340 , to the extent the offence is not of a type mentioned in paragraph (b) ; section 359 ; section 359E ; section 408A (1) , if the offence involves a motor vehicle and the child charged with the offence was allegedly the driver of the motor vehicle; section 408A (1) to which section 408A (2) applies; section 412 , to the extent the offence is not of a type mentioned in paragraph (a) or (b) ; section 413 ; section 414 .\n- (a) the child is at least 15 years; and\n- (b) the offence in relation to which bail is being granted is a prescribed indictable offence; and\n- (c) the child— (i) has previously been found guilty of at least 1 indictable offence; or (ii) has, in the previous 12 months, been charged with a prescribed indictable offence and the charge— (A) has not been dealt with by a court, withdrawn or otherwise discontinued; and (B) does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and\n- (i) has previously been found guilty of at least 1 indictable offence; or\n- (ii) has, in the previous 12 months, been charged with a prescribed indictable offence and the charge— (A) has not been dealt with by a court, withdrawn or otherwise discontinued; and (B) does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and\n- (A) has not been dealt with by a court, withdrawn or otherwise discontinued; and\n- (B) does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and\n- (d) the court is in a geographical area prescribed by regulation; and\n- (e) the child lives in a geographical area prescribed by regulation; and\n- (f) the court is satisfied, in addition to being satisfied of the matters mentioned in section 52A (2) , that imposing the monitoring device condition is appropriate having regard to the following matters— (i) whether the child has the capacity to understand the condition and any conditions under subsection (2) ; (ii) whether the child is likely to comply with the condition and any conditions under subsection (2) having regard to the personal circumstances of the child; Examples of personal circumstances of a child for subparagraph (ii) — • whether the child has stable accommodation • whether the child has the support of a parent or another person to assist with compliance with the conditions • whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service • whether the child has access to an electricity supply (iii) whether a parent of the child, or another person, has indicated a willingness to the court to do any of the things mentioned in section 48AA (4) (a) (vi) ; (iv) any other matter the court considers relevant. Note— See the Human Rights Act 2019 , sections 19 , 22 , and 25 to 28.\n- (i) whether the child has the capacity to understand the condition and any conditions under subsection (2) ;\n- (ii) whether the child is likely to comply with the condition and any conditions under subsection (2) having regard to the personal circumstances of the child; Examples of personal circumstances of a child for subparagraph (ii) — • whether the child has stable accommodation • whether the child has the support of a parent or another person to assist with compliance with the conditions • whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service • whether the child has access to an electricity supply\n- • whether the child has stable accommodation\n- • whether the child has the support of a parent or another person to assist with compliance with the conditions\n- • whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service\n- • whether the child has access to an electricity supply\n- (iii) whether a parent of the child, or another person, has indicated a willingness to the court to do any of the things mentioned in section 48AA (4) (a) (vi) ;\n- (iv) any other matter the court considers relevant. Note— See the Human Rights Act 2019 , sections 19 , 22 , and 25 to 28.\n- (i) has previously been found guilty of at least 1 indictable offence; or\n- (ii) has, in the previous 12 months, been charged with a prescribed indictable offence and the charge— (A) has not been dealt with by a court, withdrawn or otherwise discontinued; and (B) does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and\n- (A) has not been dealt with by a court, withdrawn or otherwise discontinued; and\n- (B) does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and\n- (A) has not been dealt with by a court, withdrawn or otherwise discontinued; and\n- (B) does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and\n- (i) whether the child has the capacity to understand the condition and any conditions under subsection (2) ;\n- (ii) whether the child is likely to comply with the condition and any conditions under subsection (2) having regard to the personal circumstances of the child; Examples of personal circumstances of a child for subparagraph (ii) — • whether the child has stable accommodation • whether the child has the support of a parent or another person to assist with compliance with the conditions • whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service • whether the child has access to an electricity supply\n- • whether the child has stable accommodation\n- • whether the child has the support of a parent or another person to assist with compliance with the conditions\n- • whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service\n- • whether the child has access to an electricity supply\n- (iii) whether a parent of the child, or another person, has indicated a willingness to the court to do any of the things mentioned in section 48AA (4) (a) (vi) ;\n- (iv) any other matter the court considers relevant. Note— See the Human Rights Act 2019 , sections 19 , 22 , and 25 to 28.\n- • whether the child has stable accommodation\n- • whether the child has the support of a parent or another person to assist with compliance with the conditions\n- • whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service\n- • whether the child has access to an electricity supply\n- (a) must consider making an order that the child be detained in custody until the monitoring device is fitted to the child; and\n- (b) may impose any other condition the court considers necessary to facilitate the operation of the monitoring device.\n- • a condition that requires the child to attend at a stated place to be fitted with the monitoring device\n- • a condition that requires the child to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order\n- • a condition that requires the child to permit a police officer to enter stated premises to install equipment necessary for the operation of the monitoring device\n- • a condition that requires the child to permit a police officer to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order\n- • a condition that requires the child to comply with a direction given by a police officer that is reasonably necessary for the operation of the monitoring device\n- (a) within the period stated by the court under subsection (3) ; or\n- (b) if no period has been stated by the court—as soon as practicable after the order is made.\n- (a) ask the commissioner of the police service to fit the monitoring device to, or remove the monitoring device from, the child; and\n- (b) ask the chief executive (corrective services) to do any of the following— (i) remotely monitor the monitoring device; (ii) contact the child on a mobile phone in relation to an alert or notification from the monitoring device; (iii) give information relating to alerts and notifications from the monitoring device to the chief executive and the commissioner of the police service.\n- (i) remotely monitor the monitoring device;\n- (ii) contact the child on a mobile phone in relation to an alert or notification from the monitoring device;\n- (iii) give information relating to alerts and notifications from the monitoring device to the chief executive and the commissioner of the police service.\n- (i) remotely monitor the monitoring device;\n- (ii) contact the child on a mobile phone in relation to an alert or notification from the monitoring device;\n- (iii) give information relating to alerts and notifications from the monitoring device to the chief executive and the commissioner of the police service.\n- (a) a life offence; or\n- (b) an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, other than an offence against the Drugs Misuse Act 1986 , section 9 (1) for which the maximum penalty is 15 years imprisonment; or\n- (c) an offence against any of the following provisions of the Criminal Code — (i) section 69 ; (ii) section 75 ; (iii) section 315A ; (iv) section 323 ; (v) section 328A ; (vi) section 339 ; (vii) section 340 , to the extent the offence is not of a type mentioned in paragraph (b) ; (viii) section 359 ; (ix) section 359E ; (x) section 408A (1) , if the offence involves a motor vehicle and the child charged with the offence was allegedly the driver of the motor vehicle; (xi) section 408A (1) to which section 408A (2) applies; (xii) section 412 , to the extent the offence is not of a type mentioned in paragraph (a) or (b) ; (xiii) section 413 ; (xiv) section 414 .\n- (i) section 69 ;\n- (ii) section 75 ;\n- (iii) section 315A ;\n- (iv) section 323 ;\n- (v) section 328A ;\n- (vi) section 339 ;\n- (vii) section 340 , to the extent the offence is not of a type mentioned in paragraph (b) ;\n- (viii) section 359 ;\n- (ix) section 359E ;\n- (x) section 408A (1) , if the offence involves a motor vehicle and the child charged with the offence was allegedly the driver of the motor vehicle;\n- (xi) section 408A (1) to which section 408A (2) applies;\n- (xii) section 412 , to the extent the offence is not of a type mentioned in paragraph (a) or (b) ;\n- (xiii) section 413 ;\n- (xiv) section 414 .\n- (i) section 69 ;\n- (ii) section 75 ;\n- (iii) section 315A ;\n- (iv) section 323 ;\n- (v) section 328A ;\n- (vi) section 339 ;\n- (vii) section 340 , to the extent the offence is not of a type mentioned in paragraph (b) ;\n- (viii) section 359 ;\n- (ix) section 359E ;\n- (x) section 408A (1) , if the offence involves a motor vehicle and the child charged with the offence was allegedly the driver of the motor vehicle;\n- (xi) section 408A (1) to which section 408A (2) applies;\n- (xii) section 412 , to the extent the offence is not of a type mentioned in paragraph (a) or (b) ;\n- (xiii) section 413 ;\n- (xiv) section 414 .","sortOrder":105},{"sectionNumber":"sec.52B","sectionType":"section","heading":"Reasons for decisions to impose particular conditions","content":"### sec.52B Reasons for decisions to impose particular conditions\n\nIf a court imposes a condition on the grant of bail to a child under section 52A , the order granting bail must state how the condition is intended to mitigate the risk mentioned in section 52A (2) (a) .\nIf a police officer imposes a condition on the grant of bail to a child under section 52A , the police officer must make a record of how the condition is intended to mitigate the risk mentioned in section 52A (2) (a) .\ns 52B ins 2019 No. 23 s 16\n(sec.52B-ssec.1) If a court imposes a condition on the grant of bail to a child under section 52A , the order granting bail must state how the condition is intended to mitigate the risk mentioned in section 52A (2) (a) .\n(sec.52B-ssec.2) If a police officer imposes a condition on the grant of bail to a child under section 52A , the police officer must make a record of how the condition is intended to mitigate the risk mentioned in section 52A (2) (a) .","sortOrder":106},{"sectionNumber":"sec.53","sectionType":"section","heading":"Granting of bail by audio visual link or audio link","content":"### sec.53 Granting of bail by audio visual link or audio link\n\nA court may allow anything that must or may be done in relation to the granting of bail to a child to be done over an audio visual link or audio link if the child agrees to the use of the link and the court is satisfied the child has had an opportunity to obtain independent legal advice.\nThe provisions of the Evidence Act 1977 relating to the use of an audio visual link or audio link in criminal proceedings apply for, and are not limited by, subsection (1) .\ns 53 ins 2002 No. 39 s 16\n(sec.53-ssec.1) A court may allow anything that must or may be done in relation to the granting of bail to a child to be done over an audio visual link or audio link if the child agrees to the use of the link and the court is satisfied the child has had an opportunity to obtain independent legal advice.\n(sec.53-ssec.2) The provisions of the Evidence Act 1977 relating to the use of an audio visual link or audio link in criminal proceedings apply for, and are not limited by, subsection (1) .","sortOrder":107},{"sectionNumber":"sec.54","sectionType":"section","heading":"Custody of child pending court appearance","content":"### sec.54 Custody of child pending court appearance\n\nUntil brought before a court, a child arrested on a charge of an offence or a warrant issued under this Act who is not released from custody must be held in the custody of—\nthe commissioner of the police service; or\nthe chief executive in accordance with arrangements mentioned in subsection (2) .\nThe commissioner of the police service must make arrangements with the chief executive for an arrested child wherever practicable to be placed in a detention centre until brought before a court.\nThe chief executive must take the action necessary to hold the child in custody in accordance with the arrangements.\ns 54 amd 1996 No. 22 ss 18 , 3 sch 1 ; 1998 No. 39 s 25\n(sec.54-ssec.1) Until brought before a court, a child arrested on a charge of an offence or a warrant issued under this Act who is not released from custody must be held in the custody of— the commissioner of the police service; or the chief executive in accordance with arrangements mentioned in subsection (2) .\n(sec.54-ssec.2) The commissioner of the police service must make arrangements with the chief executive for an arrested child wherever practicable to be placed in a detention centre until brought before a court.\n(sec.54-ssec.3) The chief executive must take the action necessary to hold the child in custody in accordance with the arrangements.\n- (a) the commissioner of the police service; or\n- (b) the chief executive in accordance with arrangements mentioned in subsection (2) .","sortOrder":108},{"sectionNumber":"sec.55","sectionType":"section","heading":"Court may in all cases release child without bail","content":"### sec.55 Court may in all cases release child without bail\n\nIf, under this Act or the Bail Act 1980 , a court may grant bail to a child and release the child from custody, the court may instead—\nrelease the child into the custody of a parent; or\npermit the child to go at large;\nwithout bail.\nThe release of a child without bail must be subject to a condition that the child surrenders into the custody of the court before which the child is required to appear at the time and place for the time being appointed for the child to do so.\nSubsection (1) does not limit the power of a court to grant bail.\ns 55 amd 2002 No. 39 s 17\n(sec.55-ssec.1) If, under this Act or the Bail Act 1980 , a court may grant bail to a child and release the child from custody, the court may instead— release the child into the custody of a parent; or permit the child to go at large; without bail.\n(sec.55-ssec.2) The release of a child without bail must be subject to a condition that the child surrenders into the custody of the court before which the child is required to appear at the time and place for the time being appointed for the child to do so.\n(sec.55-ssec.3) Subsection (1) does not limit the power of a court to grant bail.\n- (a) release the child into the custody of a parent; or\n- (b) permit the child to go at large;","sortOrder":109},{"sectionNumber":"sec.56","sectionType":"section","heading":"Custody of child if not released by court","content":"### sec.56 Custody of child if not released by court\n\nThis section applies if—\na court remands a child in custody; and\nthe child does not remain the prisoner of the court; and\nthe child is not already in the custody of the chief executive.\nThe commissioner of the police service must—\ntake immediate custody of the child; and\ndeliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3) .\nHowever, subsection (2) (b) stops applying if a child is in custody in a watch-house and the child turns 18 years. See section 276A .\nThe chief executive must—\nnotify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and\nfulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.\nIn deciding the date, the chief executive must have regard to the information available to the chief executive about the following matters—\nthe child’s needs, having regard to—\nthe child’s age and sex; and\nthe child’s cultural background; and\nthe child’s historic and current self-harm risk and suicide risk; and\nthe child’s medical conditions, if any; and\nthe child’s physical health and mental health issues, if any; and\nthe child’s substance misuse and withdrawal issues, if any; and\nthe child’s cognitive capacity; and\nthe location and date of the child’s next court appearance; and\nany other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and\nany other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;\nif 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a) ;\nthe effect the delivery of the child is likely to have on—\nthe chief executive’s ability to comply with section 263 ; and\nthe chief executive’s ability to fulfil the chief executive’s duties as an employer; and\nthe commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and\nthe commissioner of the police service’s ability to fulfil the commissioner’s responsibility for—\nthe security and management of watch-houses; and\nthe safety and wellbeing of people detained in watch-houses.\nA failure of the chief executive to provide procedural fairness to the child in deciding the date under subsection (4) does not affect the validity of the decision.\nHowever, in deciding the date, the chief executive must not have regard to the effect of section 276A .\nSubsection (2) does not apply to a person who is an adult being dealt with for an offence committed by the person as a child if, under section 135 , the person must be held in a corrective services facility.\nSubsection (8) applies to jurisdiction conferred by an Act on a court—\nto commit a person to a place of detention (other than a detention centre) pending appearance before a court; and\nto give directions to the person in charge of the place.\nThe jurisdiction is taken, if the person is a child and this section applies, instead to confer jurisdiction on the court to remand the child into the custody of the chief executive and to give directions to the chief executive.\nIf a court remands a child into the custody of the chief executive under subsection (8) , subsection (2) applies to the child.\nSubject to subsection (11) , the chief executive may keep a child mentioned in subsection (1) who is in the chief executive’s custody in places that the chief executive determines from time to time.\nThe chief executive can not determine under subsection (10) that a child is to be kept in a prison.\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nThis subsection and subsections (12) and (14) expire on 31 December 2026.\nA regulation may postpone the expiry of this subsection and subsections (12) and (13) but can not postpone the expiry for more than 1 year after 31 December 2026.\ns 56 amd 1996 No. 22 ss 19 , 3 sch 1 ; 1998 No. 39 s 26 ; 2002 No. 39 s 18 ; 2019 No. 38 s 84\nsub 2023 No. 21 s 70\namd 2024 No. 54 s 12\n(12)–(14) exp 31 December 2026 (see s 56(13))\n(sec.56-ssec.1) This section applies if— a court remands a child in custody; and the child does not remain the prisoner of the court; and the child is not already in the custody of the chief executive.\n(sec.56-ssec.2) The commissioner of the police service must— take immediate custody of the child; and deliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3) . However, subsection (2) (b) stops applying if a child is in custody in a watch-house and the child turns 18 years. See section 276A .\n(sec.56-ssec.3) The chief executive must— notify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and fulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.\n(sec.56-ssec.4) In deciding the date, the chief executive must have regard to the information available to the chief executive about the following matters— the child’s needs, having regard to— the child’s age and sex; and the child’s cultural background; and the child’s historic and current self-harm risk and suicide risk; and the child’s medical conditions, if any; and the child’s physical health and mental health issues, if any; and the child’s substance misuse and withdrawal issues, if any; and the child’s cognitive capacity; and the location and date of the child’s next court appearance; and any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre; if 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a) ; the effect the delivery of the child is likely to have on— the chief executive’s ability to comply with section 263 ; and the chief executive’s ability to fulfil the chief executive’s duties as an employer; and the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for— the security and management of watch-houses; and the safety and wellbeing of people detained in watch-houses.\n(sec.56-ssec.5) A failure of the chief executive to provide procedural fairness to the child in deciding the date under subsection (4) does not affect the validity of the decision.\n(sec.56-ssec.4A) However, in deciding the date, the chief executive must not have regard to the effect of section 276A .\n(sec.56-ssec.6) Subsection (2) does not apply to a person who is an adult being dealt with for an offence committed by the person as a child if, under section 135 , the person must be held in a corrective services facility.\n(sec.56-ssec.7) Subsection (8) applies to jurisdiction conferred by an Act on a court— to commit a person to a place of detention (other than a detention centre) pending appearance before a court; and to give directions to the person in charge of the place.\n(sec.56-ssec.8) The jurisdiction is taken, if the person is a child and this section applies, instead to confer jurisdiction on the court to remand the child into the custody of the chief executive and to give directions to the chief executive.\n(sec.56-ssec.9) If a court remands a child into the custody of the chief executive under subsection (8) , subsection (2) applies to the child.\n(sec.56-ssec.10) Subject to subsection (11) , the chief executive may keep a child mentioned in subsection (1) who is in the chief executive’s custody in places that the chief executive determines from time to time.\n(sec.56-ssec.11) The chief executive can not determine under subsection (10) that a child is to be kept in a prison.\n(sec.56-ssec.12) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 .\n(sec.56-ssec.13) This subsection and subsections (12) and (14) expire on 31 December 2026.\n(sec.56-ssec.14) A regulation may postpone the expiry of this subsection and subsections (12) and (13) but can not postpone the expiry for more than 1 year after 31 December 2026.\n- (a) a court remands a child in custody; and\n- (b) the child does not remain the prisoner of the court; and\n- (c) the child is not already in the custody of the chief executive.\n- (a) take immediate custody of the child; and\n- (b) deliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3) .\n- (a) notify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and\n- (b) fulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.\n- (a) the child’s needs, having regard to— (i) the child’s age and sex; and (ii) the child’s cultural background; and (iii) the child’s historic and current self-harm risk and suicide risk; and (iv) the child’s medical conditions, if any; and (v) the child’s physical health and mental health issues, if any; and (vi) the child’s substance misuse and withdrawal issues, if any; and (vii) the child’s cognitive capacity; and (viii) the location and date of the child’s next court appearance; and (ix) any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and (x) any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;\n- (i) the child’s age and sex; and\n- (ii) the child’s cultural background; and\n- (iii) the child’s historic and current self-harm risk and suicide risk; and\n- (iv) the child’s medical conditions, if any; and\n- (v) the child’s physical health and mental health issues, if any; and\n- (vi) the child’s substance misuse and withdrawal issues, if any; and\n- (vii) the child’s cognitive capacity; and\n- (viii) the location and date of the child’s next court appearance; and\n- (ix) any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and\n- (x) any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;\n- (b) if 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a) ;\n- (c) the effect the delivery of the child is likely to have on— (i) the chief executive’s ability to comply with section 263 ; and (ii) the chief executive’s ability to fulfil the chief executive’s duties as an employer; and (iii) the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and (iv) the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for— (A) the security and management of watch-houses; and (B) the safety and wellbeing of people detained in watch-houses.\n- (i) the chief executive’s ability to comply with section 263 ; and\n- (ii) the chief executive’s ability to fulfil the chief executive’s duties as an employer; and\n- (iii) the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and\n- (iv) the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for— (A) the security and management of watch-houses; and (B) the safety and wellbeing of people detained in watch-houses.\n- (A) the security and management of watch-houses; and\n- (B) the safety and wellbeing of people detained in watch-houses.\n- (i) the child’s age and sex; and\n- (ii) the child’s cultural background; and\n- (iii) the child’s historic and current self-harm risk and suicide risk; and\n- (iv) the child’s medical conditions, if any; and\n- (v) the child’s physical health and mental health issues, if any; and\n- (vi) the child’s substance misuse and withdrawal issues, if any; and\n- (vii) the child’s cognitive capacity; and\n- (viii) the location and date of the child’s next court appearance; and\n- (ix) any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and\n- (x) any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;\n- (i) the chief executive’s ability to comply with section 263 ; and\n- (ii) the chief executive’s ability to fulfil the chief executive’s duties as an employer; and\n- (iii) the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and\n- (iv) the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for— (A) the security and management of watch-houses; and (B) the safety and wellbeing of people detained in watch-houses.\n- (A) the security and management of watch-houses; and\n- (B) the safety and wellbeing of people detained in watch-houses.\n- (A) the security and management of watch-houses; and\n- (B) the safety and wellbeing of people detained in watch-houses.\n- (a) to commit a person to a place of detention (other than a detention centre) pending appearance before a court; and\n- (b) to give directions to the person in charge of the place.\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .","sortOrder":110},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Temporary transfer of child on remand","content":"### sec.56A Temporary transfer of child on remand\n\nThis section applies if—\nthe commissioner of the police service has taken immediate custody of a child under section 56 (2) (a) ; and\nthe child has not been delivered into the custody of the chief executive under section 56 (2) (b) ; and\nthe child is in custody in a watch-house.\nThe chief executive may take the child into the temporary custody of the chief executive for the purpose of enabling the child to participate in activities, programs or services at a specified detention centre for a period on a specified day (the temporary transfer period ).\nHowever, the chief executive may take the child into the chief executive’s temporary custody under subsection (2) only if—\nthe child agrees; and\nthe commissioner of the police service has agreed in writing.\nIn deciding whether to take the child into the chief executive’s temporary custody under subsection (2) , the chief executive must have regard to—\nthe matters mentioned in section 56 (4) ; and\nthe practicality of transporting the child between the watch-house where the child is held in custody and the specified detention centre, including, for example, the distance between the watch-house and the detention centre and the availability of suitable transportation.\nIf the chief executive takes the child into the chief executive’s temporary custody under subsection (2) , the chief executive may ask the chief executive of another department prescribed by regulation to assist with the transportation of the child between the watch-house and the specified detention centre.\nThe chief executive must return the child to the custody of the commissioner of the police service before the end of the temporary transfer period unless—\nboth of the following apply—\nthe chief executive notifies the commissioner of the police service under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date );\nthe formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or\nunforeseen circumstances reasonably prevent the return of the child to the custody of the commissioner.\na natural disaster prevents travel between the detention centre and the watch-house\nthe child requires urgent medical treatment and must stay in hospital\nIf the child is not returned to the custody of the commissioner of the police service under subsection (6) (b) , the chief executive must—\ninform the child and the commissioner as soon as reasonably practicable of the unforeseen circumstances and when the chief executive expects to return the child to the custody of the commissioner of the police service; and\nreturn the child to the custody of the commissioner as soon as reasonably practicable unless—\nthe chief executive notifies the commissioner under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and\nthe formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.\nWhile the child is in the chief executive’s temporary custody under this section, the child is taken to be detained in custody in the specified detention centre.\nTo remove any doubt, it is declared that the temporary transfer of custody of a child by the commissioner of the police service to the chief executive under this section does not constitute delivery of the child into the chief executive’s custody under section 56 (3) .\ns 56A ins 2024 No. 45 s 120\n(sec.56A-ssec.1) This section applies if— the commissioner of the police service has taken immediate custody of a child under section 56 (2) (a) ; and the child has not been delivered into the custody of the chief executive under section 56 (2) (b) ; and the child is in custody in a watch-house.\n(sec.56A-ssec.2) The chief executive may take the child into the temporary custody of the chief executive for the purpose of enabling the child to participate in activities, programs or services at a specified detention centre for a period on a specified day (the temporary transfer period ).\n(sec.56A-ssec.3) However, the chief executive may take the child into the chief executive’s temporary custody under subsection (2) only if— the child agrees; and the commissioner of the police service has agreed in writing.\n(sec.56A-ssec.4) In deciding whether to take the child into the chief executive’s temporary custody under subsection (2) , the chief executive must have regard to— the matters mentioned in section 56 (4) ; and the practicality of transporting the child between the watch-house where the child is held in custody and the specified detention centre, including, for example, the distance between the watch-house and the detention centre and the availability of suitable transportation.\n(sec.56A-ssec.5) If the chief executive takes the child into the chief executive’s temporary custody under subsection (2) , the chief executive may ask the chief executive of another department prescribed by regulation to assist with the transportation of the child between the watch-house and the specified detention centre.\n(sec.56A-ssec.6) The chief executive must return the child to the custody of the commissioner of the police service before the end of the temporary transfer period unless— both of the following apply— the chief executive notifies the commissioner of the police service under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date ); the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or unforeseen circumstances reasonably prevent the return of the child to the custody of the commissioner. a natural disaster prevents travel between the detention centre and the watch-house the child requires urgent medical treatment and must stay in hospital\n(sec.56A-ssec.7) If the child is not returned to the custody of the commissioner of the police service under subsection (6) (b) , the chief executive must— inform the child and the commissioner as soon as reasonably practicable of the unforeseen circumstances and when the chief executive expects to return the child to the custody of the commissioner of the police service; and return the child to the custody of the commissioner as soon as reasonably practicable unless— the chief executive notifies the commissioner under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.\n(sec.56A-ssec.8) While the child is in the chief executive’s temporary custody under this section, the child is taken to be detained in custody in the specified detention centre.\n(sec.56A-ssec.9) To remove any doubt, it is declared that the temporary transfer of custody of a child by the commissioner of the police service to the chief executive under this section does not constitute delivery of the child into the chief executive’s custody under section 56 (3) .\n- (a) the commissioner of the police service has taken immediate custody of a child under section 56 (2) (a) ; and\n- (b) the child has not been delivered into the custody of the chief executive under section 56 (2) (b) ; and\n- (c) the child is in custody in a watch-house.\n- (a) the child agrees; and\n- (b) the commissioner of the police service has agreed in writing.\n- (a) the matters mentioned in section 56 (4) ; and\n- (b) the practicality of transporting the child between the watch-house where the child is held in custody and the specified detention centre, including, for example, the distance between the watch-house and the detention centre and the availability of suitable transportation.\n- (a) both of the following apply— (i) the chief executive notifies the commissioner of the police service under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date ); (ii) the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or\n- (i) the chief executive notifies the commissioner of the police service under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date );\n- (ii) the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or\n- (b) unforeseen circumstances reasonably prevent the return of the child to the custody of the commissioner. Examples of unforeseen circumstances— • a natural disaster prevents travel between the detention centre and the watch-house • the child requires urgent medical treatment and must stay in hospital\n- • a natural disaster prevents travel between the detention centre and the watch-house\n- • the child requires urgent medical treatment and must stay in hospital\n- (i) the chief executive notifies the commissioner of the police service under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date );\n- (ii) the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or\n- • a natural disaster prevents travel between the detention centre and the watch-house\n- • the child requires urgent medical treatment and must stay in hospital\n- (a) inform the child and the commissioner as soon as reasonably practicable of the unforeseen circumstances and when the chief executive expects to return the child to the custody of the commissioner of the police service; and\n- (b) return the child to the custody of the commissioner as soon as reasonably practicable unless— (i) the chief executive notifies the commissioner under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and (ii) the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.\n- (i) the chief executive notifies the commissioner under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and\n- (ii) the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.\n- (i) the chief executive notifies the commissioner under section 56 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and\n- (ii) the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.","sortOrder":111},{"sectionNumber":"sec.57","sectionType":"section","heading":"Warrant for arrest of child who fails to appear after release without bail","content":"### sec.57 Warrant for arrest of child who fails to appear after release without bail\n\nSubject to this Act, the provisions of the Bail Act 1980 relating to the issue of warrants for the arrest of defendants who fail to surrender into the custody of the court before which they were required to appear after being permitted to go at large without bail apply to a child who fails to appear after being released into the custody of a parent, or permitted to go at large, without bail.","sortOrder":112},{"sectionNumber":"sec.58","sectionType":"section","heading":"Custody of child arrested on court warrant","content":"### sec.58 Custody of child arrested on court warrant\n\nIf, under an Act, a court issues or orders the issue of a warrant for the arrest of a child (other than a warrant for the commitment of a child to a detention centre) it must order the commissioner of the police service to have the child promptly brought before a court to be dealt with according to law.\ns 58 amd 1996 No. 22 s 3 sch 1","sortOrder":113},{"sectionNumber":"sec.59","sectionType":"section","heading":"Childrens Court judge may grant bail","content":"### sec.59 Childrens Court judge may grant bail\n\nSubject to this part, a Childrens Court judge may—\ngrant bail to a child held in custody on a charge of an offence; or\nenlarge, vary or revoke bail granted to a child in, or in connection with, a criminal proceeding within the meaning of the Bail Act 1980 ;\nwhether or not the child has appeared before the Childrens Court judge in, or in connection with, the offence or criminal proceeding.\nSubsection (1) (a) applies even if the child has previously been refused bail by the Childrens Court.\nDespite the Bail Act 1980 , section 13 (1) , a Childrens Court judge may grant bail to a child in relation to whom that section applies.\nThis section does not limit the power a court or person ordinarily has to grant, enlarge, vary or revoke bail.\ns 59 amd 1993 No. 32 s 3 sch 1 ; 2019 No. 10 s 35 sch 1 ; 2019 No. 23 s 17\n(sec.59-ssec.1) Subject to this part, a Childrens Court judge may— grant bail to a child held in custody on a charge of an offence; or enlarge, vary or revoke bail granted to a child in, or in connection with, a criminal proceeding within the meaning of the Bail Act 1980 ; whether or not the child has appeared before the Childrens Court judge in, or in connection with, the offence or criminal proceeding.\n(sec.59-ssec.2) Subsection (1) (a) applies even if the child has previously been refused bail by the Childrens Court.\n(sec.59-ssec.3) Despite the Bail Act 1980 , section 13 (1) , a Childrens Court judge may grant bail to a child in relation to whom that section applies.\n(sec.59-ssec.4) This section does not limit the power a court or person ordinarily has to grant, enlarge, vary or revoke bail.\n- (a) grant bail to a child held in custody on a charge of an offence; or\n- (b) enlarge, vary or revoke bail granted to a child in, or in connection with, a criminal proceeding within the meaning of the Bail Act 1980 ;","sortOrder":114},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Police officers must consider alternatives to arrest for contraventions of bail conditions","content":"### sec.59A Police officers must consider alternatives to arrest for contraventions of bail conditions\n\nThis section applies if—\na police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and\nthe contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and\nthe grant of bail relates to a charge of an offence other than—\na prescribed indictable offence; or\nan offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) .\nThis section also applies if a police officer reasonably suspects a child is likely to contravene a condition imposed on a grant of bail to the child and the grant of bail relates to a charge of an offence other than an offence mentioned in subsection (1) (c) (i) or (ii) .\nBefore arresting the child under the Police Powers and Responsibilities Act 2000 , section 367 (3) (a) (i) in relation to the contravention or likely contravention, a police officer must first consider whether, in all the circumstances, it would be more appropriate to do 1 of the following—\nto take no action;\nto warn the child of the action a police officer may take under paragraph (c) or the Police Powers and Responsibilities Act 2000 , section 367 (3) in relation to a contravention of a condition imposed on the grant of bail;\nif the contravention or likely contravention is in relation to a condition other than a condition for the child’s appearance before a court—to make an application under the Bail Act 1980 to vary or revoke the bail.\nFor subsection (3) , the circumstances the police officer must consider include the following—\nthe seriousness of the contravention or likely contravention;\nwhether the child has a reasonable excuse for the contravention or likely contravention;\nthe child’s particular circumstances of which the police officer is aware;\nother relevant circumstances of which the police officer is aware.\nIf a police officer considers that, in all the circumstances, it would be more appropriate to act as mentioned in subsection (3) (a) , (b) or (c) , then a police officer must do so.\ns 59A prev s 59A ins 2014 No. 9 s 5\nom 2016 No. 38 s 8\npres s 59A ins 2019 No. 23 s 18\namd 2023 No. 3 s 15\n(sec.59A-ssec.1) This section applies if— a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and the contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and the grant of bail relates to a charge of an offence other than— a prescribed indictable offence; or an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) .\n(sec.59A-ssec.2) This section also applies if a police officer reasonably suspects a child is likely to contravene a condition imposed on a grant of bail to the child and the grant of bail relates to a charge of an offence other than an offence mentioned in subsection (1) (c) (i) or (ii) .\n(sec.59A-ssec.3) Before arresting the child under the Police Powers and Responsibilities Act 2000 , section 367 (3) (a) (i) in relation to the contravention or likely contravention, a police officer must first consider whether, in all the circumstances, it would be more appropriate to do 1 of the following— to take no action; to warn the child of the action a police officer may take under paragraph (c) or the Police Powers and Responsibilities Act 2000 , section 367 (3) in relation to a contravention of a condition imposed on the grant of bail; if the contravention or likely contravention is in relation to a condition other than a condition for the child’s appearance before a court—to make an application under the Bail Act 1980 to vary or revoke the bail.\n(sec.59A-ssec.4) For subsection (3) , the circumstances the police officer must consider include the following— the seriousness of the contravention or likely contravention; whether the child has a reasonable excuse for the contravention or likely contravention; the child’s particular circumstances of which the police officer is aware; other relevant circumstances of which the police officer is aware.\n(sec.59A-ssec.5) If a police officer considers that, in all the circumstances, it would be more appropriate to act as mentioned in subsection (3) (a) , (b) or (c) , then a police officer must do so.\n- (a) a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and\n- (b) the contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and\n- (c) the grant of bail relates to a charge of an offence other than— (i) a prescribed indictable offence; or (ii) an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) .\n- (i) a prescribed indictable offence; or\n- (ii) an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) .\n- (i) a prescribed indictable offence; or\n- (ii) an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) .\n- (a) to take no action;\n- (b) to warn the child of the action a police officer may take under paragraph (c) or the Police Powers and Responsibilities Act 2000 , section 367 (3) in relation to a contravention of a condition imposed on the grant of bail;\n- (c) if the contravention or likely contravention is in relation to a condition other than a condition for the child’s appearance before a court—to make an application under the Bail Act 1980 to vary or revoke the bail.\n- (a) the seriousness of the contravention or likely contravention;\n- (b) whether the child has a reasonable excuse for the contravention or likely contravention;\n- (c) the child’s particular circumstances of which the police officer is aware;\n- (d) other relevant circumstances of which the police officer is aware.","sortOrder":115},{"sectionNumber":"sec.59AA","sectionType":"section","heading":"Police officers may consider alternatives to arrest for contraventions of bail conditions—bail granted for serious indictable offence etc.","content":"### sec.59AA Police officers may consider alternatives to arrest for contraventions of bail conditions—bail granted for serious indictable offence etc.\n\nThis section applies if—\na police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and\nthe contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and\nthe grant of bail relates to—\na charge of a prescribed indictable offence; or\na charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .\nThis section also applies if a police officer reasonably suspects a child is likely to contravene a condition imposed on a grant of bail to the child and the grant of bail relates to a charge of an offence mentioned in subsection (1) (c) (i) or (ii) .\nBefore arresting the child under the Police Powers and Responsibilities Act 2000 , section 367 (3) (a) (i) in relation to the contravention or likely contravention, a police officer may first consider whether, in all the circumstances, it would be more appropriate to do 1 of the actions mentioned in section 59A (3) (a) to (c) .\nFor subsection (3) , the circumstances the police officer may consider include the matters mentioned in section 59A (4) (a) to (d) .\ns 59AA prev s 59AA ins 2014 No. 9 s 5\nom 2016 No. 38 s 8\npres s 59AA ins 2023 No. 3 s 16\n(sec.59AA-ssec.1) This section applies if— a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and the contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and the grant of bail relates to— a charge of a prescribed indictable offence; or a charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .\n(sec.59AA-ssec.2) This section also applies if a police officer reasonably suspects a child is likely to contravene a condition imposed on a grant of bail to the child and the grant of bail relates to a charge of an offence mentioned in subsection (1) (c) (i) or (ii) .\n(sec.59AA-ssec.3) Before arresting the child under the Police Powers and Responsibilities Act 2000 , section 367 (3) (a) (i) in relation to the contravention or likely contravention, a police officer may first consider whether, in all the circumstances, it would be more appropriate to do 1 of the actions mentioned in section 59A (3) (a) to (c) .\n(sec.59AA-ssec.4) For subsection (3) , the circumstances the police officer may consider include the matters mentioned in section 59A (4) (a) to (d) .\n- (a) a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and\n- (b) the contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and\n- (c) the grant of bail relates to— (i) a charge of a prescribed indictable offence; or (ii) a charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .\n- (i) a charge of a prescribed indictable offence; or\n- (ii) a charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .\n- (i) a charge of a prescribed indictable offence; or\n- (ii) a charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .","sortOrder":116},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Children who are prisoners of a court or detained in court cells","content":"# Children who are prisoners of a court or detained in court cells","sortOrder":117},{"sectionNumber":"sec.59B","sectionType":"section","heading":"Definitions for part","content":"### sec.59B Definitions for part\n\nIn this part—\ncorrective services officer ...\ns 59B def corrective services officer om 2021 No. 9 s 27\nwatch-house officer see the Police Service Administration Act 1990 , schedule 2 .\ns 59B def watch-house officer amd 2023 No. 7 s 68 s ch 1 pt 2\nyouth justice staff member means—\na detention centre employee; or\nanother employee of the department in a capacity that involves supervising children in the chief executive’s custody.\ns 59B prev 59B ins 2014 No. 9 s 5\nom 2016 No. 38 s 8\npres s 59B ins 2019 No. 38 s 85\n- (a) a detention centre employee; or\n- (b) another employee of the department in a capacity that involves supervising children in the chief executive’s custody.","sortOrder":118},{"sectionNumber":"sec.59C","sectionType":"section","heading":"Child in custody of proper officer of a court","content":"### sec.59C Child in custody of proper officer of a court\n\nA child who is required by law to surrender himself or herself into the custody of a court must do so by surrendering himself or herself into the custody of the proper officer of the court.\nA child who surrenders himself or herself into the custody of a court is in the custody of the proper officer of the court until the child is—\nreleased on bail or without bail; or\ndischarged; or\nremanded into the custody of the chief executive; or\notherwise dealt with as the court directs.\ns 59C ins 2019 No. 38 s 85\n(sec.59C-ssec.1) A child who is required by law to surrender himself or herself into the custody of a court must do so by surrendering himself or herself into the custody of the proper officer of the court.\n(sec.59C-ssec.2) A child who surrenders himself or herself into the custody of a court is in the custody of the proper officer of the court until the child is— released on bail or without bail; or discharged; or remanded into the custody of the chief executive; or otherwise dealt with as the court directs.\n- (a) released on bail or without bail; or\n- (b) discharged; or\n- (c) remanded into the custody of the chief executive; or\n- (d) otherwise dealt with as the court directs.","sortOrder":119},{"sectionNumber":"sec.59D","sectionType":"section","heading":"Powers of proper officer of a court","content":"### sec.59D Powers of proper officer of a court\n\nThe proper officer of a court has, in relation to a child who is a prisoner of the court or mentioned in section 59H (1) , all the powers of the chief executive under this Act, in relation to a detainee, that are necessary for the discharge of the proper officer’s functions.\ns 59D ins 2019 No. 38 s 85","sortOrder":120},{"sectionNumber":"sec.59E","sectionType":"section","heading":"Proper officer of a court may ask for help to perform functions","content":"### sec.59E Proper officer of a court may ask for help to perform functions\n\nTo help the proper officer of a court perform the proper officer’s functions, the proper officer may ask—\nthe chief executive to provide youth justice staff members; or\nthe chief executive (corrective services) to provide corrective services officers; or\nthe commissioner of the police service to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers.\nSubsection (1) (a) applies only in relation to functions performed at, or in relation to, a place prescribed by regulation.\nThe chief executive, chief executive (corrective services) or commissioner must comply with the request.\ns 59E ins 2019 No. 38 s 85\namd 2021 No. 9 s 28 ; 2023 No. 14 s 44\n(sec.59E-ssec.1) To help the proper officer of a court perform the proper officer’s functions, the proper officer may ask— the chief executive to provide youth justice staff members; or the chief executive (corrective services) to provide corrective services officers; or the commissioner of the police service to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers.\n(sec.59E-ssec.2) Subsection (1) (a) applies only in relation to functions performed at, or in relation to, a place prescribed by regulation.\n(sec.59E-ssec.3) The chief executive, chief executive (corrective services) or commissioner must comply with the request.\n- (a) the chief executive to provide youth justice staff members; or\n- (b) the chief executive (corrective services) to provide corrective services officers; or\n- (c) the commissioner of the police service to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers.","sortOrder":121},{"sectionNumber":"sec.59F","sectionType":"section","heading":"Officers providing help to proper officer of a court","content":"### sec.59F Officers providing help to proper officer of a court\n\nIn helping the proper officer of a court under section 59E , a youth justice staff member, corrective services officer or watch-house officer may exercise powers—\nprescribed by regulation for this section; and\nas if—\nthe child who is a prisoner of the court or mentioned in section 59H (1) were a detainee; and\nfor a corrective services officer or watch-house officer—the officer were a youth justice staff member; and\nas otherwise prescribed by regulation.\nSubsection (1) does not limit the help the youth justice staff member, corrective services officer or watch-house officer may give to the proper officer of the court to perform the proper officer’s functions.\ns 59F ins 2019 No. 38 s 85\n(sec.59F-ssec.1) In helping the proper officer of a court under section 59E , a youth justice staff member, corrective services officer or watch-house officer may exercise powers— prescribed by regulation for this section; and as if— the child who is a prisoner of the court or mentioned in section 59H (1) were a detainee; and for a corrective services officer or watch-house officer—the officer were a youth justice staff member; and as otherwise prescribed by regulation.\n(sec.59F-ssec.2) Subsection (1) does not limit the help the youth justice staff member, corrective services officer or watch-house officer may give to the proper officer of the court to perform the proper officer’s functions.\n- (a) prescribed by regulation for this section; and\n- (b) as if— (i) the child who is a prisoner of the court or mentioned in section 59H (1) were a detainee; and (ii) for a corrective services officer or watch-house officer—the officer were a youth justice staff member; and\n- (i) the child who is a prisoner of the court or mentioned in section 59H (1) were a detainee; and\n- (ii) for a corrective services officer or watch-house officer—the officer were a youth justice staff member; and\n- (c) as otherwise prescribed by regulation.\n- (i) the child who is a prisoner of the court or mentioned in section 59H (1) were a detainee; and\n- (ii) for a corrective services officer or watch-house officer—the officer were a youth justice staff member; and","sortOrder":122},{"sectionNumber":"sec.59G","sectionType":"section","heading":"Delegation of powers of proper officer of a court","content":"### sec.59G Delegation of powers of proper officer of a court\n\nThe proper officer of a court may delegate the proper officer’s functions or powers under this part, including functions or powers prescribed by regulation under section 59F or 59I , to an appropriately qualified person.\ns 59G ins 2019 No. 38 s 85","sortOrder":123},{"sectionNumber":"sec.59H","sectionType":"section","heading":"Detention of children in court cells","content":"### sec.59H Detention of children in court cells\n\nA child who is not a prisoner of a court may be detained in a court cell if the child is lawfully in custody to attend before a court or another entity.\nWhile detained in the court cell, the child is in the custody of the proper officer of the court where the court cell is located.\nThe proper officer of the court is responsible for the management, security and good order of the court cell, despite anything in the Police Powers and Responsibilities Act 2000 or the Police Service Administration Act 1990 .\ns 59H ins 2019 No. 38 s 85\namd 2022 No. 9 s 69 s ch 1 pt 1\n(sec.59H-ssec.1) A child who is not a prisoner of a court may be detained in a court cell if the child is lawfully in custody to attend before a court or another entity.\n(sec.59H-ssec.2) While detained in the court cell, the child is in the custody of the proper officer of the court where the court cell is located.\n(sec.59H-ssec.3) The proper officer of the court is responsible for the management, security and good order of the court cell, despite anything in the Police Powers and Responsibilities Act 2000 or the Police Service Administration Act 1990 .","sortOrder":124},{"sectionNumber":"sec.59I","sectionType":"section","heading":"Regulation about exercise of powers","content":"### sec.59I Regulation about exercise of powers\n\nThis section applies in relation to—\nthe exercise of the chief executive’s powers by the proper officer of a court under section 59D ; and\nthe exercise of powers by a youth justice staff member, corrective services officer or watch-house officer under section 59F .\nA regulation may state matters about the exercise of the powers, including, for example—\nconditions or requirements about the exercise of the powers and how the conditions or requirements may be satisfied or complied with; or\nrequirements about keeping records, or giving information, about the exercise of the powers.\nIn this section—\ncondition includes a limitation or restriction.\ns 59I ins 2019 No. 38 s 85\n(sec.59I-ssec.1) This section applies in relation to— the exercise of the chief executive’s powers by the proper officer of a court under section 59D ; and the exercise of powers by a youth justice staff member, corrective services officer or watch-house officer under section 59F .\n(sec.59I-ssec.2) A regulation may state matters about the exercise of the powers, including, for example— conditions or requirements about the exercise of the powers and how the conditions or requirements may be satisfied or complied with; or requirements about keeping records, or giving information, about the exercise of the powers.\n(sec.59I-ssec.3) In this section— condition includes a limitation or restriction.\n- (a) the exercise of the chief executive’s powers by the proper officer of a court under section 59D ; and\n- (b) the exercise of powers by a youth justice staff member, corrective services officer or watch-house officer under section 59F .\n- (a) conditions or requirements about the exercise of the powers and how the conditions or requirements may be satisfied or complied with; or\n- (b) requirements about keeping records, or giving information, about the exercise of the powers.","sortOrder":125},{"sectionNumber":"pt.6","sectionType":"part","heading":"Jurisdiction and proceedings","content":"# Jurisdiction and proceedings","sortOrder":126},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":127},{"sectionNumber":"sec.60","sectionType":"section","heading":"Court jurisdiction generally unaffected","content":"### sec.60 Court jurisdiction generally unaffected\n\nThis Act does not affect the jurisdiction a court has apart from this Act in relation to a child charged with an offence, unless this Act otherwise provides.","sortOrder":128},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application of Mental Health Act 2016","content":"### sec.61 Application of Mental Health Act 2016\n\nThe Mental Health Act 2016 applies to a child charged with an offence as it applies to an adult.\ns 61 amd 1996 No. 22 s 20 ; 1998 No. 39 s 27 ; 1999 No. 9 s 3 sch ; 2000 No. 63 s 276 sch 2\nsub 2000 No. 16 s 590 sch 1 pt 2\namd 2016 No. 5 s 923 sch 4","sortOrder":129},{"sectionNumber":"sec.62","sectionType":"section","heading":"Childrens Court judge","content":"### sec.62 Childrens Court judge\n\nA Childrens Court judge has jurisdiction—\nto hear and determine under division 7 a charge against a child for an offence; and\nto delegate sentencing power to a Childrens Court magistrate under section 185 ; and\nto hear bail applications under section 59 ; and\nto perform other functions and exercise other powers conferred on the judge under this Act; and\nto review under section 118 a sentence order made by a Childrens Court magistrate.\ns 62 prev s 62 om 2002 No. 39 s 25\npres s 62 amd 1996 No. 22 s 3 sch 1 ; 2002 No. 39 s 19 ; 2009 No. 34 s 14 ; 2014 No. 9 s 6 ; 2016 No. 38 s 9\n- (a) to hear and determine under division 7 a charge against a child for an offence; and\n- (b) to delegate sentencing power to a Childrens Court magistrate under section 185 ; and\n- (c) to hear bail applications under section 59 ; and\n- (d) to perform other functions and exercise other powers conferred on the judge under this Act; and\n- (e) to review under section 118 a sentence order made by a Childrens Court magistrate.","sortOrder":130},{"sectionNumber":"sec.63","sectionType":"section","heading":"District Court jurisdiction in aid","content":"### sec.63 District Court jurisdiction in aid\n\nFor the purpose of the jurisdiction in relation to persons and matters assigned to a Childrens Court judge under this Act, a Childrens Court judge has the same powers and jurisdiction as the District Court has in its criminal jurisdiction in relation to persons and matters assigned to the District Court.\nThe powers and jurisdiction conferred under subsection (1) are in addition to those otherwise conferred under this Act.\nTo the extent that another provision of this Act is inconsistent with subsection (1) , the other provision prevails.\ns 63 amd 1999 No. 19 s 3 sch ; 2002 No. 39 s 20\n(sec.63-ssec.1) For the purpose of the jurisdiction in relation to persons and matters assigned to a Childrens Court judge under this Act, a Childrens Court judge has the same powers and jurisdiction as the District Court has in its criminal jurisdiction in relation to persons and matters assigned to the District Court.\n(sec.63-ssec.2) The powers and jurisdiction conferred under subsection (1) are in addition to those otherwise conferred under this Act.\n(sec.63-ssec.3) To the extent that another provision of this Act is inconsistent with subsection (1) , the other provision prevails.","sortOrder":131},{"sectionNumber":"sec.64","sectionType":"section","heading":"Childrens Court magistrate","content":"### sec.64 Childrens Court magistrate\n\nAll proceedings under the Justices Act 1886 for the hearing and determination of charges against children for offences, including committal proceedings, must be heard and determined before a Childrens Court magistrate.\nA Childrens Court magistrate has jurisdiction to hear and determine the proceedings.\nA Magistrates Court and justices conducting committal proceedings do not have that jurisdiction.\n(sec.64-ssec.1) All proceedings under the Justices Act 1886 for the hearing and determination of charges against children for offences, including committal proceedings, must be heard and determined before a Childrens Court magistrate.\n(sec.64-ssec.2) A Childrens Court magistrate has jurisdiction to hear and determine the proceedings.\n(sec.64-ssec.3) A Magistrates Court and justices conducting committal proceedings do not have that jurisdiction.","sortOrder":132},{"sectionNumber":"sec.65","sectionType":"section","heading":"Magistrates Court jurisdiction in aid","content":"### sec.65 Magistrates Court jurisdiction in aid\n\nFor the purpose of the jurisdiction in relation to persons and matters assigned to a Childrens Court magistrate under this Act, a Childrens Court magistrate has the same powers and jurisdiction as a Magistrates Court has under the Justices Act 1886 in relation to persons and matters assigned to the Magistrates Court.\nThe powers, authorities and jurisdiction conferred under subsection (1) are in addition to those otherwise conferred under this Act.\nTo the extent that another provision of this Act is inconsistent with subsection (1) , the other provision prevails.\ns 65 amd 2002 No. 39 s 21\n(sec.65-ssec.1) For the purpose of the jurisdiction in relation to persons and matters assigned to a Childrens Court magistrate under this Act, a Childrens Court magistrate has the same powers and jurisdiction as a Magistrates Court has under the Justices Act 1886 in relation to persons and matters assigned to the Magistrates Court.\n(sec.65-ssec.2) The powers, authorities and jurisdiction conferred under subsection (1) are in addition to those otherwise conferred under this Act.\n(sec.65-ssec.3) To the extent that another provision of this Act is inconsistent with subsection (1) , the other provision prevails.","sortOrder":133},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application of usual laws where necessary","content":"### sec.66 Application of usual laws where necessary\n\nSubject to subsections (2) and (3) , for the purposes of the powers and jurisdiction of a Childrens Court conferred by this Act, the provisions of the Criminal Code , Justices Act 1886 and other Acts apply to—\nthe institution and conduct of a proceeding before a Childrens Court; and\nthe exercise by a Childrens Court of its powers and jurisdiction; and\nthe enforcement of an order made by a Childrens Court.\nProvisions applied under subsection (1) apply, with all necessary modifications and any prescribed modifications—\nin relation to a Childrens Court judge in the way they apply in relation to the District Court; and\nin relation to a Childrens Court magistrate in the way they apply in relation to a Magistrates Court.\nTo the extent that another provision of this Act is inconsistent with a provision applied under subsection (1) , the other provision of this Act prevails.\ns 66 amd 1999 No. 19 s 3 sch\n(sec.66-ssec.1) Subject to subsections (2) and (3) , for the purposes of the powers and jurisdiction of a Childrens Court conferred by this Act, the provisions of the Criminal Code , Justices Act 1886 and other Acts apply to— the institution and conduct of a proceeding before a Childrens Court; and the exercise by a Childrens Court of its powers and jurisdiction; and the enforcement of an order made by a Childrens Court.\n(sec.66-ssec.2) Provisions applied under subsection (1) apply, with all necessary modifications and any prescribed modifications— in relation to a Childrens Court judge in the way they apply in relation to the District Court; and in relation to a Childrens Court magistrate in the way they apply in relation to a Magistrates Court.\n(sec.66-ssec.3) To the extent that another provision of this Act is inconsistent with a provision applied under subsection (1) , the other provision of this Act prevails.\n- (a) the institution and conduct of a proceeding before a Childrens Court; and\n- (b) the exercise by a Childrens Court of its powers and jurisdiction; and\n- (c) the enforcement of an order made by a Childrens Court.\n- (a) in relation to a Childrens Court judge in the way they apply in relation to the District Court; and\n- (b) in relation to a Childrens Court magistrate in the way they apply in relation to a Magistrates Court.","sortOrder":134},{"sectionNumber":"sec.67","sectionType":"section","heading":"Limitation on justices","content":"### sec.67 Limitation on justices\n\nIf the Childrens Court is constituted by 2 justices, the court’s jurisdiction in relation to a proceeding against a child for an offence is limited to—\nthe hearing and determination of a charge of a simple offence in a case where the child pleads guilty; and\ntaking or making a procedural action or order.\nThe justices can not make the following—\na detention order;\na conditional release order.\nThis section does not affect a limitation placed on the power of a justice under the Justices of the Peace and Commissioners for Declarations Act 1991 .\ns 67 amd 2002 No. 39 s 22 ; 2012 No. 41 s 18 ; 2016 No. 38 s 10\n(sec.67-ssec.1) If the Childrens Court is constituted by 2 justices, the court’s jurisdiction in relation to a proceeding against a child for an offence is limited to— the hearing and determination of a charge of a simple offence in a case where the child pleads guilty; and taking or making a procedural action or order.\n(sec.67-ssec.2) The justices can not make the following— a detention order; a conditional release order.\n(sec.67-ssec.3) This section does not affect a limitation placed on the power of a justice under the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) the hearing and determination of a charge of a simple offence in a case where the child pleads guilty; and\n- (b) taking or making a procedural action or order.\n- (a) a detention order;\n- (b) a conditional release order.","sortOrder":135},{"sectionNumber":"sec.68","sectionType":"section","heading":"Infringement notices","content":"### sec.68 Infringement notices\n\nIf, under an Act, an adult may elect to pay a monetary penalty prescribed under the Act in relation to a simple offence instead of being prosecuted on complaint and summons for the offence, a child may also elect to pay the monetary penalty instead of being prosecuted.\ns 68 amd 1997 No. 82 s 65 ; 1999 No. 70 s 166 sch 1","sortOrder":136},{"sectionNumber":"sec.69","sectionType":"section","heading":"Presence of parent required generally","content":"### sec.69 Presence of parent required generally\n\nIf a parent of a child is not present when the child appears before a court charged with an offence, the court, after making inquiries of those present as to—\nthe whereabouts of the child’s parents; and\nwhether a parent of the child has been informed of the proceedings as required under—\nsection 43 ; or\nthe Police Powers and Responsibilities Act 2000 , section 392 ;\nmay adjourn the proceeding to enable a parent to be present at the time and place to which the proceeding is adjourned.\nThe court may recommend that the chief executive provide financial assistance to a parent of the child to ensure that a parent is present at the proceeding.\ns 69 amd 1996 No. 22 s 21 ; 2002 No. 39 s 23 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.69-ssec.1) If a parent of a child is not present when the child appears before a court charged with an offence, the court, after making inquiries of those present as to— the whereabouts of the child’s parents; and whether a parent of the child has been informed of the proceedings as required under— section 43 ; or the Police Powers and Responsibilities Act 2000 , section 392 ; may adjourn the proceeding to enable a parent to be present at the time and place to which the proceeding is adjourned.\n(sec.69-ssec.2) The court may recommend that the chief executive provide financial assistance to a parent of the child to ensure that a parent is present at the proceeding.\n- (a) the whereabouts of the child’s parents; and\n- (b) whether a parent of the child has been informed of the proceedings as required under— (i) section 43 ; or (ii) the Police Powers and Responsibilities Act 2000 , section 392 ;\n- (i) section 43 ; or\n- (ii) the Police Powers and Responsibilities Act 2000 , section 392 ;\n- (i) section 43 ; or\n- (ii) the Police Powers and Responsibilities Act 2000 , section 392 ;","sortOrder":137},{"sectionNumber":"sec.69E","sectionType":"section","heading":null,"content":"### Section sec.69E\n\ns 69E ins 1996 No. 22 s 25\nom 2002 No. 39 s 26","sortOrder":138},{"sectionNumber":"sec.70","sectionType":"section","heading":"Court may order parent to attend","content":"### sec.70 Court may order parent to attend\n\nA court before which a child appears charged with an offence may order a parent of the child to attend the proceeding as directed by the court.\nThe order may be made on the prosecution’s application or on the court’s initiative.\nThe court may cause the proper officer of the court to give written notice to the parent to attend as directed.\nIf requested by the proper officer, the commissioner of the police service must help the proper officer to give the notice.\nThe court may recommend the chief executive provide financial assistance to the parent to ensure the parent’s attendance.\nA person must not contravene a notice given to the person under subsection (3) .\nMaximum penalty—50 penalty units.\nA court that makes an order under subsection (1) may adjourn the proceeding to allow the parent to attend.\ns 70 ins 1996 No. 22 s 22\n(sec.70-ssec.1) A court before which a child appears charged with an offence may order a parent of the child to attend the proceeding as directed by the court.\n(sec.70-ssec.2) The order may be made on the prosecution’s application or on the court’s initiative.\n(sec.70-ssec.3) The court may cause the proper officer of the court to give written notice to the parent to attend as directed.\n(sec.70-ssec.4) If requested by the proper officer, the commissioner of the police service must help the proper officer to give the notice.\n(sec.70-ssec.5) The court may recommend the chief executive provide financial assistance to the parent to ensure the parent’s attendance.\n(sec.70-ssec.6) A person must not contravene a notice given to the person under subsection (3) . Maximum penalty—50 penalty units.\n(sec.70-ssec.7) A court that makes an order under subsection (1) may adjourn the proceeding to allow the parent to attend.","sortOrder":139},{"sectionNumber":"sec.71","sectionType":"section","heading":"Consequence of parent’s absence","content":"### sec.71 Consequence of parent’s absence\n\nThis section applies if a parent of a child against whom a finding or order has been made in a proceeding for an offence satisfies the court on application that—\nthe child was dealt with when no parent was present; and\nthe parent making the application was—\nnot aware of the time and place of the proceeding in sufficient time to allow the parent to be present; or\nunable to attend for sufficient reason.\nThe court may set aside the finding or order if it considers that it is in the interests of justice to do so, for example if it considers that the child’s capacity to make an election or other decision relating to the proceeding was adversely affected.\nThe matter determined by the finding or order must then be heard and determined afresh.\nThe application must be made within 28 days of the finding or order.\n(sec.71-ssec.1) This section applies if a parent of a child against whom a finding or order has been made in a proceeding for an offence satisfies the court on application that— the child was dealt with when no parent was present; and the parent making the application was— not aware of the time and place of the proceeding in sufficient time to allow the parent to be present; or unable to attend for sufficient reason.\n(sec.71-ssec.2) The court may set aside the finding or order if it considers that it is in the interests of justice to do so, for example if it considers that the child’s capacity to make an election or other decision relating to the proceeding was adversely affected.\n(sec.71-ssec.3) The matter determined by the finding or order must then be heard and determined afresh.\n(sec.71-ssec.4) The application must be made within 28 days of the finding or order.\n- (a) the child was dealt with when no parent was present; and\n- (b) the parent making the application was— (i) not aware of the time and place of the proceeding in sufficient time to allow the parent to be present; or (ii) unable to attend for sufficient reason.\n- (i) not aware of the time and place of the proceeding in sufficient time to allow the parent to be present; or\n- (ii) unable to attend for sufficient reason.\n- (i) not aware of the time and place of the proceeding in sufficient time to allow the parent to be present; or\n- (ii) unable to attend for sufficient reason.","sortOrder":140},{"sectionNumber":"sec.72","sectionType":"section","heading":"Explanation of proceeding","content":"### sec.72 Explanation of proceeding\n\nIn a proceeding before a court in which a child is charged with an offence, the court must take steps to ensure, as far as practicable, that the child and any parent of the child present has full opportunity to be heard and participate in the proceeding.\nWithout limiting subsection (1) , the court must ensure that the child and parent understand, as far as practicable—\nthe nature of the alleged offence, including the matters that must be established before the child can be found guilty; and\nthe court’s procedures; and\nthe consequences of any order that may be made.\nExamples of the steps a court may take are—\ndirectly explaining these matters in court to the child and parent; and\nhaving some appropriate person give the explanation; and\nhaving an interpreter or another person able to communicate effectively with the child and parent give the explanation; and\ncausing an explanatory note in English or another language to be supplied to the child and parent.\n(sec.72-ssec.1) In a proceeding before a court in which a child is charged with an offence, the court must take steps to ensure, as far as practicable, that the child and any parent of the child present has full opportunity to be heard and participate in the proceeding.\n(sec.72-ssec.2) Without limiting subsection (1) , the court must ensure that the child and parent understand, as far as practicable— the nature of the alleged offence, including the matters that must be established before the child can be found guilty; and the court’s procedures; and the consequences of any order that may be made.\n(sec.72-ssec.3) Examples of the steps a court may take are— directly explaining these matters in court to the child and parent; and having some appropriate person give the explanation; and having an interpreter or another person able to communicate effectively with the child and parent give the explanation; and causing an explanatory note in English or another language to be supplied to the child and parent.\n- (a) the nature of the alleged offence, including the matters that must be established before the child can be found guilty; and\n- (b) the court’s procedures; and\n- (c) the consequences of any order that may be made.\n- (a) directly explaining these matters in court to the child and parent; and\n- (b) having some appropriate person give the explanation; and\n- (c) having an interpreter or another person able to communicate effectively with the child and parent give the explanation; and\n- (d) causing an explanatory note in English or another language to be supplied to the child and parent.","sortOrder":141},{"sectionNumber":"sec.73","sectionType":"section","heading":"Ordinary practice applies to explanations if child is represented","content":"### sec.73 Ordinary practice applies to explanations if child is represented\n\nThis part does not—\nprevent an explanation required to be given to a person, or an inquiry required to be made of a person, from being given to or made of a lawyer representing the person; or\nprevent the lawyer from responding to the explanation or inquiry on behalf of the person.\ns 73 amd 2004 No. 11 s 596 sch 1\n- (a) prevent an explanation required to be given to a person, or an inquiry required to be made of a person, from being given to or made of a lawyer representing the person; or\n- (b) prevent the lawyer from responding to the explanation or inquiry on behalf of the person.","sortOrder":142},{"sectionNumber":"sec.74","sectionType":"section","heading":"Chief executive’s right of audience generally","content":"### sec.74 Chief executive’s right of audience generally\n\nThis section applies to a proceeding before a court in which a child is charged with an offence.\nThe chief executive is entitled to be heard by the court on matters mentioned in subsection (3) , even though the chief executive is not a party to the proceeding.\nThe matters are—\nadjournment of the proceeding; and\nmatters relating to the custody or release from custody of the child pending completion of the proceeding; and\nsentence orders that may be made against the child; and\nwithout limiting paragraphs (a) to (c) , matters on which the court considers the chief executive should be heard.\nHowever, the chief executive must not be heard on an issue under section 234 .\nIf the chief executive is a party to the proceeding, the chief executive may appear and be represented by an officer of the department.\ns 74 sub 1996 No. 22 s 23\namd 1998 No. 39 s 28 ; 2002 No. 39 s 24 ; 2014 No. 9 s 7 ; 2016 No. 38 s 11 ; 2016 No. 39 s 17\n(sec.74-ssec.1) This section applies to a proceeding before a court in which a child is charged with an offence.\n(sec.74-ssec.2) The chief executive is entitled to be heard by the court on matters mentioned in subsection (3) , even though the chief executive is not a party to the proceeding.\n(sec.74-ssec.3) The matters are— adjournment of the proceeding; and matters relating to the custody or release from custody of the child pending completion of the proceeding; and sentence orders that may be made against the child; and without limiting paragraphs (a) to (c) , matters on which the court considers the chief executive should be heard.\n(sec.74-ssec.4) However, the chief executive must not be heard on an issue under section 234 .\n(sec.74-ssec.5) If the chief executive is a party to the proceeding, the chief executive may appear and be represented by an officer of the department.\n- (a) adjournment of the proceeding; and\n- (b) matters relating to the custody or release from custody of the child pending completion of the proceeding; and\n- (c) sentence orders that may be made against the child; and\n- (d) without limiting paragraphs (a) to (c) , matters on which the court considers the chief executive should be heard.","sortOrder":143},{"sectionNumber":"sec.75","sectionType":"section","heading":"Adjournment power generally","content":"### sec.75 Adjournment power generally\n\nIf it appears to the Childrens Court that a proceeding before it in relation to an offence could be more conveniently, economically or fairly heard before the Childrens Court at another place, the court may adjourn the hearing to that other place.\nThe remand, bail and custody provisions of part 5 apply to the adjournment.\n(sec.75-ssec.1) If it appears to the Childrens Court that a proceeding before it in relation to an offence could be more conveniently, economically or fairly heard before the Childrens Court at another place, the court may adjourn the hearing to that other place.\n(sec.75-ssec.2) The remand, bail and custody provisions of part 5 apply to the adjournment.","sortOrder":144},{"sectionNumber":"sec.76","sectionType":"section","heading":"One year limitation inapplicable if indictable offence dealt with summarily","content":"### sec.76 One year limitation inapplicable if indictable offence dealt with summarily\n\nThe purpose of this section is to ensure that a child may elect to have an indictable offence dealt with before a Childrens Court magistrate despite delay in prosecution.\nA Childrens Court magistrate may exercise jurisdiction under this part in relation to an indictable offence even though more than 1 year has passed since the offence was committed.\n(sec.76-ssec.1) The purpose of this section is to ensure that a child may elect to have an indictable offence dealt with before a Childrens Court magistrate despite delay in prosecution.\n(sec.76-ssec.2) A Childrens Court magistrate may exercise jurisdiction under this part in relation to an indictable offence even though more than 1 year has passed since the offence was committed.","sortOrder":145},{"sectionNumber":"sec.77","sectionType":"section","heading":"Court to refrain from inappropriate summary hearing of indictable offence","content":"### sec.77 Court to refrain from inappropriate summary hearing of indictable offence\n\nThis section applies if a Childrens Court magistrate ( the court ) has jurisdiction to hear and determine summarily a charge against a child of an indictable offence (subject to the consent of the child).\nThe court must refrain from exercising the jurisdiction unless it is satisfied that the charge can be adequately dealt with summarily by the court.\nThe court may initially decide to exercise the jurisdiction on submissions made by the parties.\nIf at any stage of the proceeding the court decides that the charge can not be adequately dealt with summarily by the court, any further proceeding before the court must be conducted as a committal proceeding.\ns 77 prev s 77 om 2002 No. 39 s 26\n(sec.77-ssec.1) This section applies if a Childrens Court magistrate ( the court ) has jurisdiction to hear and determine summarily a charge against a child of an indictable offence (subject to the consent of the child).\n(sec.77-ssec.2) The court must refrain from exercising the jurisdiction unless it is satisfied that the charge can be adequately dealt with summarily by the court.\n(sec.77-ssec.3) The court may initially decide to exercise the jurisdiction on submissions made by the parties.\n(sec.77-ssec.4) If at any stage of the proceeding the court decides that the charge can not be adequately dealt with summarily by the court, any further proceeding before the court must be conducted as a committal proceeding.","sortOrder":146},{"sectionNumber":"sec.78","sectionType":"section","heading":"Procedural elections under this Act in relation to an indictable offence replace other elections","content":"### sec.78 Procedural elections under this Act in relation to an indictable offence replace other elections\n\nThe rules set out in this part relating to election by a child of procedure in relation to an indictable offence apply despite any right of election that may be conferred on any person under any other Act or any provision of another Act that requires the indictable offence to be heard and decided summarily.\ns 78 prev s 78 om 2002 No. 39 s 26\npres s 78 amd 2010 No. 26 s 152","sortOrder":147},{"sectionNumber":"sec.79","sectionType":"section","heading":"Court to check child’s legal representation","content":"### sec.79 Court to check child’s legal representation\n\nIf a child appears before a court charged with an indictable offence but is not represented by a lawyer, the court may proceed with a hearing and determination only if it is satisfied that the child—\nhas had reasonable opportunity to obtain representation by a lawyer; and\nhas decided not to be represented by a lawyer.\ns 79 prev s 79 om 2002 No. 39 s 26\npres s 79 amd 2003 No. 57 s 39 (1) – (2) sch 3\namd 2004 No. 11 s 596 sch 1\n- (a) has had reasonable opportunity to obtain representation by a lawyer; and\n- (b) has decided not to be represented by a lawyer.","sortOrder":148},{"sectionNumber":"sec.80","sectionType":"section","heading":"Use of adduced evidence after change of procedure","content":"### sec.80 Use of adduced evidence after change of procedure\n\nThis section applies if a proceeding before a court ( former proceeding ) changes into another proceeding ( new proceeding ) before the court because of—\nan election or change of an election under this Act; or\na decision of a court to refrain from exercising summary jurisdiction in relation to an indictable offence; or\na decision of a court to remove the proceeding to its concurrent jurisdiction on discovering a misapprehension affecting the court’s treatment of the defendant as a child or adult; or\na decision of a court to continue or hear a proceeding in its concurrent jurisdiction under division 11 .\nIf evidence has been adduced in the course of the former proceeding, the hearing again of the evidence in the new proceeding is at the discretion of the court.\nIf the court decides against hearing the evidence again in the new proceeding, the evidence is taken to have been adduced by the party who adduced the evidence in the former proceeding.\ns 80 prev s 80 om 2002 No. 39 s 26\npres s 80 amd 1996 No. 22 s 24\n(sec.80-ssec.1) This section applies if a proceeding before a court ( former proceeding ) changes into another proceeding ( new proceeding ) before the court because of— an election or change of an election under this Act; or a decision of a court to refrain from exercising summary jurisdiction in relation to an indictable offence; or a decision of a court to remove the proceeding to its concurrent jurisdiction on discovering a misapprehension affecting the court’s treatment of the defendant as a child or adult; or a decision of a court to continue or hear a proceeding in its concurrent jurisdiction under division 11 .\n(sec.80-ssec.2) If evidence has been adduced in the course of the former proceeding, the hearing again of the evidence in the new proceeding is at the discretion of the court.\n(sec.80-ssec.3) If the court decides against hearing the evidence again in the new proceeding, the evidence is taken to have been adduced by the party who adduced the evidence in the former proceeding.\n- (a) an election or change of an election under this Act; or\n- (b) a decision of a court to refrain from exercising summary jurisdiction in relation to an indictable offence; or\n- (c) a decision of a court to remove the proceeding to its concurrent jurisdiction on discovering a misapprehension affecting the court’s treatment of the defendant as a child or adult; or\n- (d) a decision of a court to continue or hear a proceeding in its concurrent jurisdiction under division 11 .","sortOrder":149},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Decision on how to proceed at start of proceedings for an indictable offence before a Childrens Court magistrate","content":"## Decision on how to proceed at start of proceedings for an indictable offence before a Childrens Court magistrate","sortOrder":150},{"sectionNumber":"sec.81","sectionType":"section","heading":"Committal proceeding if the offence is a serious offence","content":"### sec.81 Committal proceeding if the offence is a serious offence\n\nThis section applies to a proceeding to be conducted before a Childrens Court magistrate (the court ) in which a child is charged with a serious offence.\nA hearing of the charge before the court must be conducted as a committal proceeding.\nIf the charge is changed to a charge of an offence other than a serious offence during the committal proceeding, subsection (1) is subject to divisions 3 and 4 .\nIf, in the proceeding, the child is also charged with an offence other than a serious offence, the court may treat the charge as a charge of a serious offence for the purpose of this section.\ns 81 prev s 81 om 2002 No. 39 s 26\npres s 81 sub 1996 No. 22 s 25 ; 2002 No. 39 s 26\n(sec.81-ssec.1) This section applies to a proceeding to be conducted before a Childrens Court magistrate (the court ) in which a child is charged with a serious offence.\n(sec.81-ssec.2) A hearing of the charge before the court must be conducted as a committal proceeding.\n(sec.81-ssec.3) If the charge is changed to a charge of an offence other than a serious offence during the committal proceeding, subsection (1) is subject to divisions 3 and 4 .\n(sec.81-ssec.4) If, in the proceeding, the child is also charged with an offence other than a serious offence, the court may treat the charge as a charge of a serious offence for the purpose of this section.","sortOrder":151},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.82 Application of sdiv 2\n\nThis subdivision applies to a proceeding to be conducted before a Childrens Court magistrate (the court ) in which a child is—\ncharged with an indictable offence other than a serious offence; and\nrepresented by a lawyer.\ns 82 prev s 82 om 2002 No. 39 s 26\npres s 82 sub 1996 No. 22 s 25\namd 1999 No. 19 s 3 sch\nsub 2002 No. 39 s 26\namd 2004 No. 11 s 596 sch 1\n- (a) charged with an indictable offence other than a serious offence; and\n- (b) represented by a lawyer.","sortOrder":152},{"sectionNumber":"sec.83","sectionType":"section","heading":"Explanation and election at start","content":"### sec.83 Explanation and election at start\n\nSubject to section 77 , before evidence is adduced at the proceeding, the court must explain to the child and any parent of the child who is present the child’s right of election mentioned in subsection (2) .\nThe child may elect—\nto have the proceeding conducted as a committal proceeding; or\nto have the proceeding conducted as a hearing and deciding of the charge summarily by the court.\nThe court must also explain to the child and any parent of the child who is present that—\nafter all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and\nthe court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence;\nthe child may elect—\nto have the proceeding conducted as a committal proceeding; or\nto have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.\nThe court must then ask the child whether the child consents to having the charge heard and decided summarily by the court.\nIf the child consents, the court must proceed to hear and decide the charge summarily.\nIf the child does not give the consent mentioned in subsection (4) , the proceeding must be conducted as a committal proceeding, subject to divisions 3 and 4 .\ns 83 prev s 83 om 2002 No. 39 s 26\npres s 83 ins 1996 No. 22 s 25\nsub 2002 No. 39 s 26\n(sec.83-ssec.1) Subject to section 77 , before evidence is adduced at the proceeding, the court must explain to the child and any parent of the child who is present the child’s right of election mentioned in subsection (2) .\n(sec.83-ssec.2) The child may elect— to have the proceeding conducted as a committal proceeding; or to have the proceeding conducted as a hearing and deciding of the charge summarily by the court.\n(sec.83-ssec.3) The court must also explain to the child and any parent of the child who is present that— after all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence; the child may elect— to have the proceeding conducted as a committal proceeding; or to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.\n(sec.83-ssec.4) The court must then ask the child whether the child consents to having the charge heard and decided summarily by the court.\n(sec.83-ssec.5) If the child consents, the court must proceed to hear and decide the charge summarily.\n(sec.83-ssec.6) If the child does not give the consent mentioned in subsection (4) , the proceeding must be conducted as a committal proceeding, subject to divisions 3 and 4 .\n- (a) to have the proceeding conducted as a committal proceeding; or\n- (b) to have the proceeding conducted as a hearing and deciding of the charge summarily by the court.\n- (a) after all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and\n- (b) the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence;\n- (c) to have the proceeding conducted as a committal proceeding; or\n- (d) to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.","sortOrder":153},{"sectionNumber":"sec.84","sectionType":"section","heading":"Procedure on summary hearing","content":"### sec.84 Procedure on summary hearing\n\nOn proceeding to hear and decide the charge summarily under section 83 (5) , the court must—\nreduce the charge to writing; and\nask the child whether the child is guilty or not guilty.\nIf the child pleads guilty the court must proceed in the same way as is provided in the Justices Act 1886 , section 145 (4) .\nIf the child pleads not guilty, the court may proceed in the same way as is provided in the Justices Act 1886 , section 146 .\ns 84 prev s 84 om 2002 No. 39 s 26\npres s 84 ins 1996 No. 22 s 25\nsub 2002 No. 39 s 26\namd 2017 No. 6 s 75 sch 1\n(sec.84-ssec.1) On proceeding to hear and decide the charge summarily under section 83 (5) , the court must— reduce the charge to writing; and ask the child whether the child is guilty or not guilty.\n(sec.84-ssec.2) If the child pleads guilty the court must proceed in the same way as is provided in the Justices Act 1886 , section 145 (4) .\n(sec.84-ssec.3) If the child pleads not guilty, the court may proceed in the same way as is provided in the Justices Act 1886 , section 146 .\n- (a) reduce the charge to writing; and\n- (b) ask the child whether the child is guilty or not guilty.","sortOrder":154},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.85 Application of sdiv 3\n\nThis subdivision applies to a proceeding to be conducted before a Childrens Court magistrate (the court ) in which a child is—\ncharged with an indictable offence other than a serious offence; and\nnot represented by a lawyer.\ns 85 ins 1996 No. 22 s 25\nsub 2002 No. 39 s 26\namd 2004 No. 11 s 596 sch 1\n- (a) charged with an indictable offence other than a serious offence; and\n- (b) not represented by a lawyer.","sortOrder":155},{"sectionNumber":"sec.86","sectionType":"section","heading":"Start as committal proceeding and explanation","content":"### sec.86 Start as committal proceeding and explanation\n\nThe proceeding must be conducted as a committal proceeding, subject to divisions 3 and 4 .\nBefore evidence is adduced at the proceeding, the court must explain to the child and any parent of the child who is present that—\nafter all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and\nthe court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence;\nthe child may elect—\nto have the proceeding conducted as a committal proceeding; or\nto have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.\ns 86 ins 1996 No. 22 s 25\nsub 2002 No. 39 s 26\n(sec.86-ssec.1) The proceeding must be conducted as a committal proceeding, subject to divisions 3 and 4 .\n(sec.86-ssec.2) Before evidence is adduced at the proceeding, the court must explain to the child and any parent of the child who is present that— after all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence; the child may elect— to have the proceeding conducted as a committal proceeding; or to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.\n- (a) after all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and\n- (b) the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence;\n- (c) to have the proceeding conducted as a committal proceeding; or\n- (d) to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.","sortOrder":156},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Election for summary hearing for indictable offences other than serious offences after the prosecution evidence has been adduced","content":"## Election for summary hearing for indictable offences other than serious offences after the prosecution evidence has been adduced","sortOrder":157},{"sectionNumber":"sec.87","sectionType":"section","heading":"Application of div 3","content":"### sec.87 Application of div 3\n\nThis division applies if—\na hearing before a Childrens Court magistrate (the court ) of a charge against a child of an indictable offence is being conducted as a committal proceeding; and\nall the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and\nthe court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence.\nThis division applies whether or not the child is legally represented.\ns 87 sub 2002 No. 39 s 26\n(sec.87-ssec.1) This division applies if— a hearing before a Childrens Court magistrate (the court ) of a charge against a child of an indictable offence is being conducted as a committal proceeding; and all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence.\n(sec.87-ssec.2) This division applies whether or not the child is legally represented.\n- (a) a hearing before a Childrens Court magistrate (the court ) of a charge against a child of an indictable offence is being conducted as a committal proceeding; and\n- (b) all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and\n- (c) the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence.","sortOrder":158},{"sectionNumber":"sec.88","sectionType":"section","heading":"Explanation of election at end of prosecution case","content":"### sec.88 Explanation of election at end of prosecution case\n\nSubject to subsection (6) and section 77 , the court must explain to the child, and any parent present in the court, the child’s right of election mentioned in subsection (2) .\nThe child may elect—\nto have the proceeding continue as a committal proceeding; or\nto have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.\nThe court must then ask the child whether the child consents to having the charge heard and decided summarily by the court.\nIf the child consents, the court must discontinue the committal proceeding and proceed to hear and decide the charge summarily.\nIf the child does not give the consent mentioned in subsection (4) , the proceeding must continue as a committal proceeding.\nThe court may, but need not, follow the process under subsections (1) to (5) if the child has already declined to give consent under section 83 for the charge to be heard and decided summarily.\ns 88 ins 2002 No. 39 s 26\n(sec.88-ssec.1) Subject to subsection (6) and section 77 , the court must explain to the child, and any parent present in the court, the child’s right of election mentioned in subsection (2) .\n(sec.88-ssec.2) The child may elect— to have the proceeding continue as a committal proceeding; or to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.\n(sec.88-ssec.3) The court must then ask the child whether the child consents to having the charge heard and decided summarily by the court.\n(sec.88-ssec.4) If the child consents, the court must discontinue the committal proceeding and proceed to hear and decide the charge summarily.\n(sec.88-ssec.5) If the child does not give the consent mentioned in subsection (4) , the proceeding must continue as a committal proceeding.\n(sec.88-ssec.6) The court may, but need not, follow the process under subsections (1) to (5) if the child has already declined to give consent under section 83 for the charge to be heard and decided summarily.\n- (a) to have the proceeding continue as a committal proceeding; or\n- (b) to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.","sortOrder":159},{"sectionNumber":"sec.89","sectionType":"section","heading":"Procedure on summary hearing","content":"### sec.89 Procedure on summary hearing\n\nOn proceeding to hear and decide the charge summarily, the court must—\nreduce the charge to writing; and\nask the child whether the child is guilty or not guilty.\nIf the child pleads guilty the court must proceed in the same way as is provided in the Justices Act 1886 , section 145 (2) .\nIf the child pleads not guilty, the court may proceed in the same way as is provided in the Justices Act 1886 , section 146 , subject to section 80 .\ns 89 ins 2002 No. 39 s 26\n(sec.89-ssec.1) On proceeding to hear and decide the charge summarily, the court must— reduce the charge to writing; and ask the child whether the child is guilty or not guilty.\n(sec.89-ssec.2) If the child pleads guilty the court must proceed in the same way as is provided in the Justices Act 1886 , section 145 (2) .\n(sec.89-ssec.3) If the child pleads not guilty, the court may proceed in the same way as is provided in the Justices Act 1886 , section 146 , subject to section 80 .\n- (a) reduce the charge to writing; and\n- (b) ask the child whether the child is guilty or not guilty.","sortOrder":160},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Procedure if a child enters a plea of guilty at a committal proceeding","content":"## Procedure if a child enters a plea of guilty at a committal proceeding","sortOrder":161},{"sectionNumber":"sec.90","sectionType":"section","heading":"Application of div 4","content":"### sec.90 Application of div 4\n\nThis division applies if a child enters a plea of guilty at a committal proceeding when addressed under the Justices Act 1886 , section 104 (2) .\ns 90 sub 2002 No. 39 s 26","sortOrder":162},{"sectionNumber":"sec.91","sectionType":"section","heading":"If the offence is a supreme court offence","content":"### sec.91 If the offence is a supreme court offence\n\nIf the offence to which the child pleads guilty is a supreme court offence, the court must order the child to be committed to be sentenced before the Supreme Court.\ns 91 ins 2002 No. 39 s 26","sortOrder":163},{"sectionNumber":"sec.92","sectionType":"section","heading":"If the offence is a serious offence other than a supreme court offence","content":"### sec.92 If the offence is a serious offence other than a supreme court offence\n\nIf the offence to which the child pleads guilty is a serious offence other than a supreme court offence, the court must order the child to be committed to be sentenced before a court of competent jurisdiction.\ns 92 ins 2002 No. 39 s 26","sortOrder":164},{"sectionNumber":"sec.93","sectionType":"section","heading":"If the offence is an indictable offence other than a serious offence","content":"### sec.93 If the offence is an indictable offence other than a serious offence\n\nSubject to section 77 , if the offence to which the child pleads guilty is an indictable offence other than a serious offence, the court must explain to the child, and any parent of the child who is present, the child’s right of election mentioned in subsection (2) .\nThe child may elect—\nto be committed to be sentenced before a court of competent jurisdiction; or\nto be sentenced by the Childrens Court magistrate.\nThe court must then ask the child whether the child consents to being sentenced by the Childrens Court magistrate.\nIf the child consents, the Childrens Court magistrate must proceed in the same way as is provided under the Justices Act 1886 , section 145 (2) .\nIf the child does not give the consent mentioned in subsection (4) , the court must order the child to be committed to be sentenced before a court of competent jurisdiction.\ns 93 ins 2002 No. 39 s 26\n(sec.93-ssec.1) Subject to section 77 , if the offence to which the child pleads guilty is an indictable offence other than a serious offence, the court must explain to the child, and any parent of the child who is present, the child’s right of election mentioned in subsection (2) .\n(sec.93-ssec.2) The child may elect— to be committed to be sentenced before a court of competent jurisdiction; or to be sentenced by the Childrens Court magistrate.\n(sec.93-ssec.3) The court must then ask the child whether the child consents to being sentenced by the Childrens Court magistrate.\n(sec.93-ssec.4) If the child consents, the Childrens Court magistrate must proceed in the same way as is provided under the Justices Act 1886 , section 145 (2) .\n(sec.93-ssec.5) If the child does not give the consent mentioned in subsection (4) , the court must order the child to be committed to be sentenced before a court of competent jurisdiction.\n- (a) to be committed to be sentenced before a court of competent jurisdiction; or\n- (b) to be sentenced by the Childrens Court magistrate.","sortOrder":165},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Procedure after all evidence has been adduced in a committal proceeding","content":"## Procedure after all evidence has been adduced in a committal proceeding","sortOrder":166},{"sectionNumber":"sec.94","sectionType":"section","heading":"Application of div 5","content":"### sec.94 Application of div 5\n\nThis division applies if—\na proceeding against a child for an indictable offence before a Childrens Court magistrate has been entirely conducted as a committal proceeding; and\nthe child has not entered a plea of guilty when addressed under the Justices Act 1886 , section 104 (2) ; and\nall the evidence to be offered at the proceeding has been adduced.\ns 94 sub 2002 No. 39 s 26\n- (a) a proceeding against a child for an indictable offence before a Childrens Court magistrate has been entirely conducted as a committal proceeding; and\n- (b) the child has not entered a plea of guilty when addressed under the Justices Act 1886 , section 104 (2) ; and\n- (c) all the evidence to be offered at the proceeding has been adduced.","sortOrder":167},{"sectionNumber":"sec.95","sectionType":"section","heading":"If the offence is a supreme court offence","content":"### sec.95 If the offence is a supreme court offence\n\nThis section applies if, on consideration of all the evidence adduced at the committal proceeding, the court is of the opinion that the evidence is sufficient to put the child on trial for a supreme court offence.\nThe court must order the child to be committed to be tried before the Supreme Court.\ns 95 ins 2002 No. 39 s 26\n(sec.95-ssec.1) This section applies if, on consideration of all the evidence adduced at the committal proceeding, the court is of the opinion that the evidence is sufficient to put the child on trial for a supreme court offence.\n(sec.95-ssec.2) The court must order the child to be committed to be tried before the Supreme Court.","sortOrder":168},{"sectionNumber":"sec.96","sectionType":"section","heading":"If the offence is not a supreme court offence","content":"### sec.96 If the offence is not a supreme court offence\n\nThis section applies if, on consideration of all the evidence adduced at the committal proceeding, the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence that is not a supreme court offence.\nThe magistrate must order the child to be committed to be tried before a court of competent jurisdiction.\nIf the court to which the child is ordered to be committed is a Childrens Court judge, the magistrate must comply with division 6 .\ns 96 ins 2002 No. 39 s 26\n(sec.96-ssec.1) This section applies if, on consideration of all the evidence adduced at the committal proceeding, the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence that is not a supreme court offence.\n(sec.96-ssec.2) The magistrate must order the child to be committed to be tried before a court of competent jurisdiction.\n(sec.96-ssec.3) If the court to which the child is ordered to be committed is a Childrens Court judge, the magistrate must comply with division 6 .","sortOrder":169},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Election procedure if child committed for trial before a Childrens Court judge","content":"## Election procedure if child committed for trial before a Childrens Court judge","sortOrder":170},{"sectionNumber":"sec.97","sectionType":"section","heading":"Application of div 6","content":"### sec.97 Application of div 6\n\nThis division applies if a Childrens Court magistrate decides to commit a child to be tried before a Childrens Court judge under division 5 .\ns 97 sub 2002 No. 39 s 26","sortOrder":171},{"sectionNumber":"sec.98","sectionType":"section","heading":"Election for trial with or without jury","content":"### sec.98 Election for trial with or without jury\n\nIf the child is represented by a lawyer, then, before ordering the child to be committed to be tried under the Justices Act 1886 , section 108 , the court must explain to the child and any parent of the child who is present the child’s right of election mentioned in subsection (2) .\nThe child may elect—\nto be committed to be tried before the Childrens Court judge sitting without a jury; or\nto be committed to be tried before the Childrens Court judge sitting with a jury.\nAfter the explanation, the court must then ask the child whether the child consents to being tried before the Childrens Court judge sitting without a jury.\nIf the child consents, the court must order the child to be committed to be tried by the Childrens Court judge without a jury.\nIf the child—\nis not represented by a lawyer; or\nif represented by a lawyer—does not give the consent mentioned in subsection (4) ;\nthe court must order the child to be committed to be tried before the Childrens Court judge sitting with a jury.\ns 98 ins 2002 No. 39 s 26\namd 2004 No. 11 s 596 sch 1\n(sec.98-ssec.1) If the child is represented by a lawyer, then, before ordering the child to be committed to be tried under the Justices Act 1886 , section 108 , the court must explain to the child and any parent of the child who is present the child’s right of election mentioned in subsection (2) .\n(sec.98-ssec.2) The child may elect— to be committed to be tried before the Childrens Court judge sitting without a jury; or to be committed to be tried before the Childrens Court judge sitting with a jury.\n(sec.98-ssec.3) After the explanation, the court must then ask the child whether the child consents to being tried before the Childrens Court judge sitting without a jury.\n(sec.98-ssec.4) If the child consents, the court must order the child to be committed to be tried by the Childrens Court judge without a jury.\n(sec.98-ssec.5) If the child— is not represented by a lawyer; or if represented by a lawyer—does not give the consent mentioned in subsection (4) ; the court must order the child to be committed to be tried before the Childrens Court judge sitting with a jury.\n- (a) to be committed to be tried before the Childrens Court judge sitting without a jury; or\n- (b) to be committed to be tried before the Childrens Court judge sitting with a jury.\n- (a) is not represented by a lawyer; or\n- (b) if represented by a lawyer—does not give the consent mentioned in subsection (4) ;","sortOrder":172},{"sectionNumber":"sec.98A","sectionType":"section","heading":null,"content":"### Section sec.98A\n\ns 98A ins 1997 No. 3 s 122 sch 2 (amd 1997 No. 38 s 143 (3) ); 1998 No. 39 s 32\nom 2002 No. 39 s 34","sortOrder":173},{"sectionNumber":"pt.6-div.7","sectionType":"division","heading":"Jurisdiction of Childrens Court judge","content":"## Jurisdiction of Childrens Court judge","sortOrder":174},{"sectionNumber":"sec.99","sectionType":"section","heading":"Childrens Court judge to have criminal jurisdiction over child charged with indictable offence","content":"### sec.99 Childrens Court judge to have criminal jurisdiction over child charged with indictable offence\n\nA Childrens Court judge has jurisdiction to inquire of and hear and decide all indictable offences, wherever committed, charged against a child other than supreme court offences.\nFor subsection (1) , it does not matter where an offence is committed or whether or not a child has been committed to be tried or sentenced before the Childrens Court judge on a charge.\ns 99 sub 2002 No. 39 s 26\n(sec.99-ssec.1) A Childrens Court judge has jurisdiction to inquire of and hear and decide all indictable offences, wherever committed, charged against a child other than supreme court offences.\n(sec.99-ssec.2) For subsection (1) , it does not matter where an offence is committed or whether or not a child has been committed to be tried or sentenced before the Childrens Court judge on a charge.","sortOrder":175},{"sectionNumber":"sec.100","sectionType":"section","heading":"Sentencing for summary offence","content":"### sec.100 Sentencing for summary offence\n\nWithout limiting section 99 , a Childrens Court judge may sentence a child on any charge for a summary offence on which the child consents to being sentenced by the judge under the Criminal Code , section 651 .\ns 100 ins 2002 No. 39 s 26","sortOrder":176},{"sectionNumber":"sec.101","sectionType":"section","heading":"General laws relating to indictable offence apply","content":"### sec.101 General laws relating to indictable offence apply\n\nSubject to this division, the provisions of the Criminal Code or any other Act relating to the hearing and deciding on indictment of an indictable offence apply to a proceeding for an indictable offence before a Childrens Court judge under this division.\ns 101 ins 2002 No. 39 s 26","sortOrder":177},{"sectionNumber":"sec.102","sectionType":"section","heading":"When a jury is not required","content":"### sec.102 When a jury is not required\n\nSubject to section 105 , a Childrens Court judge must sit without a jury to try a child for an indictable offence if—\nfor a committal charge—\nthe child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or\nthe child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or\nthe child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or\nfor a charge other than a committal charge the child elects under section 104 to be tried by the judge sitting without a jury.\nIn this section—\ncommittal charge means a charge on which a child is committed for trial or sentence before a Childrens Court judge, and includes a charge arising out of the same, or the same set of, circumstances.\ns 102 sub 2002 No. 39 s 26\n(sec.102-ssec.1) Subject to section 105 , a Childrens Court judge must sit without a jury to try a child for an indictable offence if— for a committal charge— the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or for a charge other than a committal charge the child elects under section 104 to be tried by the judge sitting without a jury.\n(sec.102-ssec.2) In this section— committal charge means a charge on which a child is committed for trial or sentence before a Childrens Court judge, and includes a charge arising out of the same, or the same set of, circumstances.\n- (a) for a committal charge— (i) the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or (ii) the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or (iii) the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or\n- (i) the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or\n- (ii) the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or\n- (iii) the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or\n- (b) for a charge other than a committal charge the child elects under section 104 to be tried by the judge sitting without a jury.\n- (i) the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or\n- (ii) the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or\n- (iii) the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or","sortOrder":178},{"sectionNumber":"sec.103","sectionType":"section","heading":"Committal charge—change to jury requirement","content":"### sec.103 Committal charge—change to jury requirement\n\nThis section applies to a child who has been committed to be tried before a Childrens Court judge.\nIf the child was committed under section 98 (2) (a) , but is not legally represented before the judge, the child must be tried by the judge sitting with a jury.\nAlso, if the child was committed under section 98 (2) (a) , the child may withdraw the child’s election under the section to be tried before a Childrens Court judge sitting without a jury and elect instead to be tried before the judge sitting with a jury.\nIf the child was committed under section 98 (2) (b) to be tried before the judge sitting with a jury and the child is legally represented, the child may withdraw the child’s election under the section and elect instead to be tried before the judge sitting without a jury.\nIf the child was committed to be tried before the judge sitting with a jury under section 98 (5) and the child is legally represented before the judge, the child may elect to be tried before the judge sitting without a jury.\nAn election or withdrawal of election must happen before the child enters a plea to the charge.\ns 103 ins 2002 No. 39 s 26\n(sec.103-ssec.1) This section applies to a child who has been committed to be tried before a Childrens Court judge.\n(sec.103-ssec.2) If the child was committed under section 98 (2) (a) , but is not legally represented before the judge, the child must be tried by the judge sitting with a jury.\n(sec.103-ssec.3) Also, if the child was committed under section 98 (2) (a) , the child may withdraw the child’s election under the section to be tried before a Childrens Court judge sitting without a jury and elect instead to be tried before the judge sitting with a jury.\n(sec.103-ssec.4) If the child was committed under section 98 (2) (b) to be tried before the judge sitting with a jury and the child is legally represented, the child may withdraw the child’s election under the section and elect instead to be tried before the judge sitting without a jury.\n(sec.103-ssec.5) If the child was committed to be tried before the judge sitting with a jury under section 98 (5) and the child is legally represented before the judge, the child may elect to be tried before the judge sitting without a jury.\n(sec.103-ssec.6) An election or withdrawal of election must happen before the child enters a plea to the charge.","sortOrder":179},{"sectionNumber":"sec.104","sectionType":"section","heading":"Charge other than committal charge—election by legally represented child for trial with or without jury","content":"### sec.104 Charge other than committal charge—election by legally represented child for trial with or without jury\n\nThis section applies to a charge against a child of an indictable offence before a Childrens Court judge that is not a committal charge mentioned in section 102 .\nIf the child is represented by a lawyer, the child may elect—\nto be tried before the judge sitting without a jury; or\nto be tried before the judge sitting with a jury.\nAn election must happen before the child enters a plea to the charge.\ns 104 ins 2002 No. 39 s 26\namd 2004 No. 11 s 596 sch 1\n(sec.104-ssec.1) This section applies to a charge against a child of an indictable offence before a Childrens Court judge that is not a committal charge mentioned in section 102 .\n(sec.104-ssec.2) If the child is represented by a lawyer, the child may elect— to be tried before the judge sitting without a jury; or to be tried before the judge sitting with a jury.\n(sec.104-ssec.3) An election must happen before the child enters a plea to the charge.\n- (a) to be tried before the judge sitting without a jury; or\n- (b) to be tried before the judge sitting with a jury.","sortOrder":180},{"sectionNumber":"sec.105","sectionType":"section","heading":"When a trial by jury is necessary","content":"### sec.105 When a trial by jury is necessary\n\nIf a child who is before a Childrens Court judge—\nis not represented by a lawyer; or\nif represented by a lawyer, has not elected, or withdraws an election, to be tried without a jury under another provision of this division; or\nif the judge decides that in the particular circumstances it is more appropriate for the child to be tried by the judge sitting with a jury;\nthe child must be tried before the judge sitting with a jury.\ns 105 ins 2002 No. 39 s 26\namd 2004 No. 11 s 596 sch 1\n- (a) is not represented by a lawyer; or\n- (b) if represented by a lawyer, has not elected, or withdraws an election, to be tried without a jury under another provision of this division; or\n- (c) if the judge decides that in the particular circumstances it is more appropriate for the child to be tried by the judge sitting with a jury;","sortOrder":181},{"sectionNumber":"sec.106","sectionType":"section","heading":"Child may change plea of guilty","content":"### sec.106 Child may change plea of guilty\n\nA child who appears before a Childrens Court judge after being committed to be sentenced on an indictable offence is in all cases entitled to enter a plea of not guilty when called on to enter a plea under the Criminal Code , section 600 .\nTo the extent that this section is inconsistent with the Criminal Code , section 600 , this section prevails.\nEvidence that the child previously entered a plea of guilty at the committal proceeding is not admissible in the trial following the change of plea.\ns 106 sub 2002 No. 39 s 26\n(sec.106-ssec.1) A child who appears before a Childrens Court judge after being committed to be sentenced on an indictable offence is in all cases entitled to enter a plea of not guilty when called on to enter a plea under the Criminal Code , section 600 .\n(sec.106-ssec.2) To the extent that this section is inconsistent with the Criminal Code , section 600 , this section prevails.\n(sec.106-ssec.3) Evidence that the child previously entered a plea of guilty at the committal proceeding is not admissible in the trial following the change of plea.","sortOrder":182},{"sectionNumber":"pt.6-div.8","sectionType":"division","heading":"Provision for joint trials","content":"## Provision for joint trials","sortOrder":183},{"sectionNumber":"sec.107","sectionType":"section","heading":"Joint committal proceeding in relation to adult and child are allowed","content":"### sec.107 Joint committal proceeding in relation to adult and child are allowed\n\nDespite the Childrens Court Act 1992 , section 21 , a magistrate may at the same time conduct a committal proceeding—\nas a Childrens Court magistrate, in relation to a charge of an indictable offence brought against a child; and\nas a justice, in relation to an indictable offence brought against an adult;\nif, were the child an adult, a committal proceeding in relation to each offence would have been conducted at the same time against both persons.\n- (a) as a Childrens Court magistrate, in relation to a charge of an indictable offence brought against a child; and\n- (b) as a justice, in relation to an indictable offence brought against an adult;","sortOrder":184},{"sectionNumber":"sec.108","sectionType":"section","heading":"Committal or committal proceeding for joint trial with another person","content":"### sec.108 Committal or committal proceeding for joint trial with another person\n\nBefore a Childrens Court magistrate starts to hear and decide summarily a charge against a child for an indictable offence other than a serious offence, the prosecution may apply to the court for the proceeding to be conducted or continued as a committal proceeding for the purpose of having the child tried on indictment with another person.\nBefore a Childrens Court magistrate commits a child for trial before a Childrens Court judge on a charge of a serious offence, the prosecution may apply to the court for the child to be instead committed for trial to another court of competent jurisdiction for the purpose of having the child tried on indictment with another person.\nOn application under subsection (1) or (2) , if the magistrate is satisfied that—\nthe child may lawfully be charged in an indictment in which the other person will also be charged; and\nif the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and\nin all the circumstances, including the relevant principles of this Act, the application should be granted;\nthe magistrate may grant the application and deal with the proceedings as requested.\ns 108 prev s 108 amd 1999 No. 19 s 3 sch\npres s 108 sub 2002 No. 39 s 28\namd 2007 No. 38 s 145\n(sec.108-ssec.1) Before a Childrens Court magistrate starts to hear and decide summarily a charge against a child for an indictable offence other than a serious offence, the prosecution may apply to the court for the proceeding to be conducted or continued as a committal proceeding for the purpose of having the child tried on indictment with another person.\n(sec.108-ssec.2) Before a Childrens Court magistrate commits a child for trial before a Childrens Court judge on a charge of a serious offence, the prosecution may apply to the court for the child to be instead committed for trial to another court of competent jurisdiction for the purpose of having the child tried on indictment with another person.\n(sec.108-ssec.3) On application under subsection (1) or (2) , if the magistrate is satisfied that— the child may lawfully be charged in an indictment in which the other person will also be charged; and if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and in all the circumstances, including the relevant principles of this Act, the application should be granted; the magistrate may grant the application and deal with the proceedings as requested.\n- (a) the child may lawfully be charged in an indictment in which the other person will also be charged; and\n- (b) if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and\n- (c) in all the circumstances, including the relevant principles of this Act, the application should be granted;","sortOrder":185},{"sectionNumber":"sec.109","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.109 Definitions for sdiv 2\n\nIn this subdivision—\ncommitted charge means the offence committed to be tried in the committed proceeding.\ncommitted proceeding means a proceeding on a charge against a child of an offence committed to be tried before a Childrens Court judge.\ns 109 ins 2002 No. 39 s 29","sortOrder":186},{"sectionNumber":"sec.110","sectionType":"section","heading":"Removal to another jurisdiction for joint trial with another person","content":"### sec.110 Removal to another jurisdiction for joint trial with another person\n\nThe prosecution may apply to a Childrens Court judge for the removal of a committed proceeding to a court of competent jurisdiction other than a Childrens Court judge for the purpose of having the child tried on indictment with another person.\nIf the judge is satisfied that—\nthe child may lawfully be charged in an indictment in which the other person will also be charged; and\nif the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and\nin all the circumstances, including the relevant principles of this Act, the proceedings should be removed as requested;\nthe judge may grant the request and remove the proceeding as requested.\nIn removing the proceeding, the judge may exercise power as if the proceeding had been brought before the wrong court.\ns 110 ins 2002 No. 39 s 29\n(sec.110-ssec.1) The prosecution may apply to a Childrens Court judge for the removal of a committed proceeding to a court of competent jurisdiction other than a Childrens Court judge for the purpose of having the child tried on indictment with another person.\n(sec.110-ssec.2) If the judge is satisfied that— the child may lawfully be charged in an indictment in which the other person will also be charged; and if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and in all the circumstances, including the relevant principles of this Act, the proceedings should be removed as requested; the judge may grant the request and remove the proceeding as requested.\n(sec.110-ssec.3) In removing the proceeding, the judge may exercise power as if the proceeding had been brought before the wrong court.\n- (a) the child may lawfully be charged in an indictment in which the other person will also be charged; and\n- (b) if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and\n- (c) in all the circumstances, including the relevant principles of this Act, the proceedings should be removed as requested;","sortOrder":187},{"sectionNumber":"sec.111","sectionType":"section","heading":"Formal removal to another jurisdiction for joint trial involving another charge","content":"### sec.111 Formal removal to another jurisdiction for joint trial involving another charge\n\nThe prosecution may apply to a Childrens Court judge for the removal of a committed proceeding to a court of competent jurisdiction other than a Childrens Court judge for the purpose of having the child tried on an indictment charging the child with the committed charge and another charge on which the child will be dealt with as an adult.\nThe judge may grant the request and remove the proceeding as requested.\nIn removing the proceeding, the judge may exercise power as if the proceeding had been brought before the wrong court.\nThis section does not limit the jurisdiction of any court of competent jurisdiction to try or sentence the child on the charge.\ns 111 ins 2002 No. 39 s 29\n(sec.111-ssec.1) The prosecution may apply to a Childrens Court judge for the removal of a committed proceeding to a court of competent jurisdiction other than a Childrens Court judge for the purpose of having the child tried on an indictment charging the child with the committed charge and another charge on which the child will be dealt with as an adult.\n(sec.111-ssec.2) The judge may grant the request and remove the proceeding as requested.\n(sec.111-ssec.3) In removing the proceeding, the judge may exercise power as if the proceeding had been brought before the wrong court.\n(sec.111-ssec.4) This section does not limit the jurisdiction of any court of competent jurisdiction to try or sentence the child on the charge.","sortOrder":188},{"sectionNumber":"sec.112","sectionType":"section","heading":"Concurrent jurisdiction available","content":"### sec.112 Concurrent jurisdiction available\n\nNothing in this division excludes a Childrens Court judge from presiding over the trial of a child in the judge’s concurrent jurisdiction to which a proceeding has been removed by the judge under this subdivision.\ns 112 ins 2002 No. 39 s 29","sortOrder":189},{"sectionNumber":"sec.113","sectionType":"section","heading":"Removal ends possibility of trial without jury","content":"### sec.113 Removal ends possibility of trial without jury\n\nProvisions of this division authorising a trial before a judge sitting without a jury do not apply to a proceeding removed to another court under this subdivision.\ns 113 ins 2002 No. 39 s 29","sortOrder":190},{"sectionNumber":"pt.6-div.9","sectionType":"division","heading":"Appeal and review","content":"## Appeal and review","sortOrder":191},{"sectionNumber":"sec.114","sectionType":"section","heading":"Appeal rights generally","content":"### sec.114 Appeal rights generally\n\nOther than as expressly provided by this part, this part does not affect the right of any person to appeal, or apply for leave to appeal, under the Criminal Code or otherwise against the order of a court or judicial officer.\ns 114 amd 1999 No. 19 s 3 sch\nsub 2002 No. 39 s 30","sortOrder":192},{"sectionNumber":"sec.114A","sectionType":"section","heading":null,"content":"### Section sec.114A\n\ns 114A ins 1996 No. 22 s 41\nom 2002 No. 39 s 52","sortOrder":193},{"sectionNumber":"sec.115","sectionType":"section","heading":"Community based orders stayed during appeal","content":"### sec.115 Community based orders stayed during appeal\n\nIf a child starts an appeal against a community based order made against the child, the effect of the order is stayed until the end of the appeal.\nIf the period for which the community based order operates is relevant to the effect of the order or a program or anything else under the order, the period between the start and end of the appeal is not counted for the purpose of the effect of the order, program or other thing.\ns 115 ins 2002 No. 39 s 30\n(sec.115-ssec.1) If a child starts an appeal against a community based order made against the child, the effect of the order is stayed until the end of the appeal.\n(sec.115-ssec.2) If the period for which the community based order operates is relevant to the effect of the order or a program or anything else under the order, the period between the start and end of the appeal is not counted for the purpose of the effect of the order, program or other thing.","sortOrder":194},{"sectionNumber":"sec.116","sectionType":"section","heading":"Appeals to Court of Appeal","content":"### sec.116 Appeals to Court of Appeal\n\nThe Criminal Code , chapter 67 , relating to appeals or applications for leave to appeal applies, with necessary modifications and any prescribed modifications—\nin relation to a finding of guilt or order made in a proceeding against a child for an offence as it applies in relation to a conviction or order made in a proceeding against an adult for an offence; and\nin relation to a proceeding before a Childrens Court magistrate as it applies to a proceeding before a Magistrates Court; and\nin relation to a proceeding before a Childrens Court judge, sitting with or without a jury, as it applies in relation to a proceeding before the District Court.\ns 116 ins 2002 No. 39 s 30\n- (a) in relation to a finding of guilt or order made in a proceeding against a child for an offence as it applies in relation to a conviction or order made in a proceeding against an adult for an offence; and\n- (b) in relation to a proceeding before a Childrens Court magistrate as it applies to a proceeding before a Magistrates Court; and\n- (c) in relation to a proceeding before a Childrens Court judge, sitting with or without a jury, as it applies in relation to a proceeding before the District Court.","sortOrder":195},{"sectionNumber":"sec.117","sectionType":"section","heading":"Appeals under Justices Act 1886 , pt 9 , div 1","content":"### sec.117 Appeals under Justices Act 1886 , pt 9 , div 1\n\nThe Justices Act 1886 , part 9 , division 1 , applies in relation to an order made by justices dealing summarily with a child charged with an offence subject to subsections (2) to (4) .\nTo appeal under the division, an aggrieved person must appeal to the Childrens Court judge.\nAll relevant references to a District Court judge are taken for the purpose to be references to the Childrens Court judge.\nA District Court judge does not have jurisdiction to hear and decide the appeal.\ns 117 ins 2002 No. 39 s 30\namd 2014 No. 9 s 7B ; 2016 No. 38 s 13\n(sec.117-ssec.1) The Justices Act 1886 , part 9 , division 1 , applies in relation to an order made by justices dealing summarily with a child charged with an offence subject to subsections (2) to (4) .\n(sec.117-ssec.2) To appeal under the division, an aggrieved person must appeal to the Childrens Court judge.\n(sec.117-ssec.3) All relevant references to a District Court judge are taken for the purpose to be references to the Childrens Court judge.\n(sec.117-ssec.4) A District Court judge does not have jurisdiction to hear and decide the appeal.","sortOrder":196},{"sectionNumber":"sec.117A","sectionType":"section","heading":"Definition for subdivision","content":"### sec.117A Definition for subdivision\n\nIn this subdivision—\nsentence order includes a declaration under section 150A (2) that a child is a serious repeat offender.\ns 117A ins 2023 No. 3 s 17","sortOrder":197},{"sectionNumber":"sec.118","sectionType":"section","heading":"Sentence review","content":"### sec.118 Sentence review\n\nA Childrens Court judge on application may review a sentence order made by a Childrens Court magistrate.\ns 118 prev s 118 om 2014 No. 9 s 7C\npres s 118 ins 2016 No. 38 s 14","sortOrder":198},{"sectionNumber":"sec.119","sectionType":"section","heading":"Application for review","content":"### sec.119 Application for review\n\nAn application may be made by—\na child against whom the sentence order was made; or\nthe chief executive acting in the child’s interests; or\nthe complainant or arresting officer for the charge for which the sentence order was made.\nAn application must be made within 28 days after the sentence order is made or within a later period that may at any time be allowed by the Childrens Court judge.\nIn this section—\ncomplainant means a complainant who makes a complaint under the Justices Act 1886 .\ns 119 prev s 119 amd 1996 No. 22 s 27 ; 1998 No. 39 s 29 ; 2002 No. 39 s 31 ; 2012 No. 17 s 51 sch\nom 2014 No. 9 s 7C\npres s 119 ins 2016 No. 38 s 14\n(sec.119-ssec.1) An application may be made by— a child against whom the sentence order was made; or the chief executive acting in the child’s interests; or the complainant or arresting officer for the charge for which the sentence order was made.\n(sec.119-ssec.2) An application must be made within 28 days after the sentence order is made or within a later period that may at any time be allowed by the Childrens Court judge.\n(sec.119-ssec.3) In this section— complainant means a complainant who makes a complaint under the Justices Act 1886 .\n- (a) a child against whom the sentence order was made; or\n- (b) the chief executive acting in the child’s interests; or\n- (c) the complainant or arresting officer for the charge for which the sentence order was made.","sortOrder":199},{"sectionNumber":"sec.120","sectionType":"section","heading":"Preliminary procedure","content":"### sec.120 Preliminary procedure\n\nThe proper officer of the Childrens Court at the place where the Childrens Court judge is sitting must notify the applicant and all other parties of the place and time for the hearing of the application.\nAlso, if the application is not made by the chief executive, the proper officer must notify the chief executive of the making of the application and the place and time for the hearing of the application.\ns 120 prev s 120 amd 2009 No. 34 s 15\nom 2014 No. 9 s 7C\npres s 120 ins 2016 No. 38 s 14\n(sec.120-ssec.1) The proper officer of the Childrens Court at the place where the Childrens Court judge is sitting must notify the applicant and all other parties of the place and time for the hearing of the application.\n(sec.120-ssec.2) Also, if the application is not made by the chief executive, the proper officer must notify the chief executive of the making of the application and the place and time for the hearing of the application.","sortOrder":200},{"sectionNumber":"sec.121","sectionType":"section","heading":"Stay of proceeding and suspension of orders","content":"### sec.121 Stay of proceeding and suspension of orders\n\nWithout affecting—\nanother power to stay the effect of an order of a court; or\nthe operation of a law that has that effect;\na Childrens Court judge may order a stay of all or any proceedings under a sentence order that is subject to a review application under this division.\nThe Childrens Court judge may impose conditions the judge considers appropriate on the stay.\nWithout limiting subsections (1) and (2) , if a community based order is subject to a review under this division, the effect of the order is stayed until the end of the review.\nIf the period for which the community based order operates is relevant to the effect of the order or a program or anything else under the order, the period between the start and end of the review is not counted for the purpose of the effect of the order, program or other thing.\nIf a Childrens Court judge orders a stay of a proceeding under a sentence order, the proper officer of the Childrens Court at the place where the Childrens Court judge is sitting must notify the chief executive of the making of the order.\ns 121 prev s 121 amd 2002 No. 39 s 32 ; 2007 No. 38 s 146 ; 2009 No. 34 s 16\nom 2014 No. 9 s 7C\npres s 121 ins 2016 No. 38 s 14\n(sec.121-ssec.1) Without affecting— another power to stay the effect of an order of a court; or the operation of a law that has that effect; a Childrens Court judge may order a stay of all or any proceedings under a sentence order that is subject to a review application under this division.\n(sec.121-ssec.2) The Childrens Court judge may impose conditions the judge considers appropriate on the stay.\n(sec.121-ssec.3) Without limiting subsections (1) and (2) , if a community based order is subject to a review under this division, the effect of the order is stayed until the end of the review.\n(sec.121-ssec.4) If the period for which the community based order operates is relevant to the effect of the order or a program or anything else under the order, the period between the start and end of the review is not counted for the purpose of the effect of the order, program or other thing.\n(sec.121-ssec.5) If a Childrens Court judge orders a stay of a proceeding under a sentence order, the proper officer of the Childrens Court at the place where the Childrens Court judge is sitting must notify the chief executive of the making of the order.\n- (a) another power to stay the effect of an order of a court; or\n- (b) the operation of a law that has that effect;","sortOrder":201},{"sectionNumber":"sec.122","sectionType":"section","heading":"Conduct of review","content":"### sec.122 Conduct of review\n\nA review of a sentence must be by way of rehearing on the merits.\nThe Childrens Court judge may have regard to—\nthe record of the proceeding before the Childrens Court magistrate; and\nany further submissions and evidence by way of affidavit or otherwise.\nThe review of a sentence order must be conducted expeditiously and with as little formality as possible.\ns 122 prev s 122 om 2014 No. 9 s 7C\npres s 122 ins 2016 No. 38 s 14\n(sec.122-ssec.1) A review of a sentence must be by way of rehearing on the merits.\n(sec.122-ssec.2) The Childrens Court judge may have regard to— the record of the proceeding before the Childrens Court magistrate; and any further submissions and evidence by way of affidavit or otherwise.\n(sec.122-ssec.3) The review of a sentence order must be conducted expeditiously and with as little formality as possible.\n- (a) the record of the proceeding before the Childrens Court magistrate; and\n- (b) any further submissions and evidence by way of affidavit or otherwise.","sortOrder":202},{"sectionNumber":"sec.123","sectionType":"section","heading":"Review decision","content":"### sec.123 Review decision\n\nOn reviewing a sentence order, a Childrens Court judge may—\nconfirm the order; or\nvary the order; or\ndischarge the order and substitute another order within the jurisdiction of the Childrens Court magistrate to make.\nThe judge may also make any other order a Childrens Court magistrate could have made in connection with the sentence order as confirmed, varied or substituted under subsection (1) .\ns 123 prev s 123 om 2014 No. 9 s 7C\npres s 123 ins 2016 No. 38 s 14\n(sec.123-ssec.1) On reviewing a sentence order, a Childrens Court judge may— confirm the order; or vary the order; or discharge the order and substitute another order within the jurisdiction of the Childrens Court magistrate to make.\n(sec.123-ssec.2) The judge may also make any other order a Childrens Court magistrate could have made in connection with the sentence order as confirmed, varied or substituted under subsection (1) .\n- (a) confirm the order; or\n- (b) vary the order; or\n- (c) discharge the order and substitute another order within the jurisdiction of the Childrens Court magistrate to make.","sortOrder":203},{"sectionNumber":"sec.124","sectionType":"section","heading":"Interrelation with other types of appeal","content":"### sec.124 Interrelation with other types of appeal\n\nIf a child starts a proceeding for an ordinary appeal against a sentence order—\nan application by the child for a sentence review of the sentence order can not be started; and\nany application by the child for a sentence review of the sentence order pending at the start of the proceeding for an ordinary appeal lapses.\nIf—\na child starts a proceeding for an ordinary appeal against a finding of guilt against the child in relation to which a sentence order was made; or\na person other than a child against whom a sentence order has been made starts a proceeding for an ordinary appeal against the sentence order;\na Childrens Court judge can not proceed to hear and decide any pending application by the child for a sentence review against the sentence order until the ordinary appeal is finished.\nIf—\na complainant or arresting officer applies for a sentence review of a sentence order made against a child; and\nthe child starts a proceeding for an ordinary appeal against the sentence order or the finding of guilt for which it was made;\na Childrens Court judge can not proceed to hear and decide the application for the sentence review until the ordinary appeal is finished.\nIn this section—\napplication by a child for a sentence review, includes an application by the chief executive acting in the child’s interests.\nordinary appeal means—\nan appeal or application for leave to appeal under the Criminal Code , chapter 67 ; or\nan appeal under the Justices Act 1886 , part 9 .\nsentence review means a review under section 118 of a sentence order.\ns 124 prev s 124 amd 1996 No. 22 s 28 ; 1998 No. 39 s 30\nom 2014 No. 9 s 7C\npres s 124 ins 2016 No. 38 s 14\n(sec.124-ssec.1) If a child starts a proceeding for an ordinary appeal against a sentence order— an application by the child for a sentence review of the sentence order can not be started; and any application by the child for a sentence review of the sentence order pending at the start of the proceeding for an ordinary appeal lapses.\n(sec.124-ssec.2) If— a child starts a proceeding for an ordinary appeal against a finding of guilt against the child in relation to which a sentence order was made; or a person other than a child against whom a sentence order has been made starts a proceeding for an ordinary appeal against the sentence order; a Childrens Court judge can not proceed to hear and decide any pending application by the child for a sentence review against the sentence order until the ordinary appeal is finished.\n(sec.124-ssec.3) If— a complainant or arresting officer applies for a sentence review of a sentence order made against a child; and the child starts a proceeding for an ordinary appeal against the sentence order or the finding of guilt for which it was made; a Childrens Court judge can not proceed to hear and decide the application for the sentence review until the ordinary appeal is finished.\n(sec.124-ssec.4) In this section— application by a child for a sentence review, includes an application by the chief executive acting in the child’s interests. ordinary appeal means— an appeal or application for leave to appeal under the Criminal Code , chapter 67 ; or an appeal under the Justices Act 1886 , part 9 . sentence review means a review under section 118 of a sentence order.\n- (a) an application by the child for a sentence review of the sentence order can not be started; and\n- (b) any application by the child for a sentence review of the sentence order pending at the start of the proceeding for an ordinary appeal lapses.\n- (a) a child starts a proceeding for an ordinary appeal against a finding of guilt against the child in relation to which a sentence order was made; or\n- (b) a person other than a child against whom a sentence order has been made starts a proceeding for an ordinary appeal against the sentence order;\n- (a) a complainant or arresting officer applies for a sentence review of a sentence order made against a child; and\n- (b) the child starts a proceeding for an ordinary appeal against the sentence order or the finding of guilt for which it was made;\n- (a) an appeal or application for leave to appeal under the Criminal Code , chapter 67 ; or\n- (b) an appeal under the Justices Act 1886 , part 9 .","sortOrder":204},{"sectionNumber":"sec.125","sectionType":"section","heading":"Incidents of review","content":"### sec.125 Incidents of review\n\nNo costs may be ordered against a party on a sentence review.\nThe decision of a Childrens Court judge on a sentence review—\ntakes effect as the decision of the Childrens Court magistrate who made the sentence order reviewed; and\nsubject to subsection (3) , may be enforced or appealed against in the same way as the decision of the Childrens Court magistrate.\nSubsection (2) does not authorise—\na further review by a Childrens Court judge of a sentence already reviewed under this division by a Childrens Court judge; or\nan appeal to the Childrens Court judge under the Justices Act 1886 , section 222 .\ns 125 prev s 125 amd 2002 No. 39 s 33\nom 2014 No. 9 s 7C\npres s 125 ins 2016 No. 38 s 14\n(sec.125-ssec.1) No costs may be ordered against a party on a sentence review.\n(sec.125-ssec.2) The decision of a Childrens Court judge on a sentence review— takes effect as the decision of the Childrens Court magistrate who made the sentence order reviewed; and subject to subsection (3) , may be enforced or appealed against in the same way as the decision of the Childrens Court magistrate.\n(sec.125-ssec.3) Subsection (2) does not authorise— a further review by a Childrens Court judge of a sentence already reviewed under this division by a Childrens Court judge; or an appeal to the Childrens Court judge under the Justices Act 1886 , section 222 .\n- (a) takes effect as the decision of the Childrens Court magistrate who made the sentence order reviewed; and\n- (b) subject to subsection (3) , may be enforced or appealed against in the same way as the decision of the Childrens Court magistrate.\n- (a) a further review by a Childrens Court judge of a sentence already reviewed under this division by a Childrens Court judge; or\n- (b) an appeal to the Childrens Court judge under the Justices Act 1886 , section 222 .","sortOrder":205},{"sectionNumber":"sec.126","sectionType":"section","heading":"Orders at end of reviews","content":"### sec.126 Orders at end of reviews\n\nSubject to section 311 , if as a result of the decision of the Childrens Court judge on a sentence review, a child is required to serve a period of detention or the unserved part of a period of detention, the judge, as part of the order on the review, must direct that a warrant be issued to arrest the child and commit the child to a detention centre.\nAny justice may issue the warrant.\ns 126 prev s 126 amd 1994 No. 87 s 3 sch 1\nom 2014 No. 9 s 7C\npres s 126 ins 2016 No. 38 s 14\n(sec.126-ssec.1) Subject to section 311 , if as a result of the decision of the Childrens Court judge on a sentence review, a child is required to serve a period of detention or the unserved part of a period of detention, the judge, as part of the order on the review, must direct that a warrant be issued to arrest the child and commit the child to a detention centre.\n(sec.126-ssec.2) Any justice may issue the warrant.","sortOrder":206},{"sectionNumber":"pt.6-div.10","sectionType":"division","heading":"Mistake in exercise of jurisdiction","content":"## Mistake in exercise of jurisdiction","sortOrder":207},{"sectionNumber":"sec.127","sectionType":"section","heading":"Meaning of proceeding","content":"### sec.127 Meaning of proceeding\n\nIn this division—\nproceeding means a proceeding for the hearing and determination of a charge of an offence.","sortOrder":208},{"sectionNumber":"sec.128","sectionType":"section","heading":"Court may reopen proceedings","content":"### sec.128 Court may reopen proceedings\n\nIf a court has—\nmade a finding or order in relation to a child that is not in accordance with the law; or\nfailed to make a finding or order in relation to a child that the court legally should have made; or\nmade a finding or order in relation to a child decided on a clear factual error of substance;\nthe court, whether or not differently constituted, may reopen the proceeding.\nThe power under subsection (1) (c) includes power to reopen proceedings because the finding or order was incorrectly made—\nin relation to the wrong person; or\nbecause a summons issued on a complaint originating the proceedings that resulted in the finding or order did not come to the knowledge of the child; or\nbecause it was made for a matter for which the child had been previously dealt with; or\nbecause of someone’s deceit.\nIf a court reopens a proceeding, it—\nmust give the parties an opportunity to be heard; and\nmay make a finding or order in relation to the child—\nfor a reopening under subsection (1) (a) —in accordance with law; or\nfor a reopening under subsection (1) (b) —the court legally should have made; or\nfor a reopening under subsection (1) (c) —taking into account the factual error; and\nmay amend any relevant finding or order to the extent necessary to take into account the finding or order made under paragraph (b) .\nThe court may reopen the proceeding—\non its own initiative at any time; or\non the application of a party to the proceeding, the chief executive or the court’s registrar or clerk of the court, made within—\n28 days after the day the finding or order was made; or\nany further time the court may allow on application at any time.\nSubject to subsection (6) , this section does not affect any right of appeal.\nFor an appeal under any Act against a finding or order made under subsection (3) , the time within which the appeal must be made starts from the day the finding or order is made under subsection (3) .\nIn this section—\nfinding or order means a finding of guilt, conviction, sentence or other finding or order that may be made in relation to a person charged with or found guilty of an offence.\ns 128 amd 1992 No. 48 s 207 sch ; 1996 No. 22 s 29 ; 1997 No. 3 s 122 sch 2 (amd 1997 No. 38 s 143 (2) ); 1998 No. 39 s 31\nsub 2002 No. 39 s 34\n(sec.128-ssec.1) If a court has— made a finding or order in relation to a child that is not in accordance with the law; or failed to make a finding or order in relation to a child that the court legally should have made; or made a finding or order in relation to a child decided on a clear factual error of substance; the court, whether or not differently constituted, may reopen the proceeding.\n(sec.128-ssec.2) The power under subsection (1) (c) includes power to reopen proceedings because the finding or order was incorrectly made— in relation to the wrong person; or because a summons issued on a complaint originating the proceedings that resulted in the finding or order did not come to the knowledge of the child; or because it was made for a matter for which the child had been previously dealt with; or because of someone’s deceit.\n(sec.128-ssec.3) If a court reopens a proceeding, it— must give the parties an opportunity to be heard; and may make a finding or order in relation to the child— for a reopening under subsection (1) (a) —in accordance with law; or for a reopening under subsection (1) (b) —the court legally should have made; or for a reopening under subsection (1) (c) —taking into account the factual error; and may amend any relevant finding or order to the extent necessary to take into account the finding or order made under paragraph (b) .\n(sec.128-ssec.4) The court may reopen the proceeding— on its own initiative at any time; or on the application of a party to the proceeding, the chief executive or the court’s registrar or clerk of the court, made within— 28 days after the day the finding or order was made; or any further time the court may allow on application at any time.\n(sec.128-ssec.5) Subject to subsection (6) , this section does not affect any right of appeal.\n(sec.128-ssec.6) For an appeal under any Act against a finding or order made under subsection (3) , the time within which the appeal must be made starts from the day the finding or order is made under subsection (3) .\n(sec.128-ssec.7) In this section— finding or order means a finding of guilt, conviction, sentence or other finding or order that may be made in relation to a person charged with or found guilty of an offence.\n- (a) made a finding or order in relation to a child that is not in accordance with the law; or\n- (b) failed to make a finding or order in relation to a child that the court legally should have made; or\n- (c) made a finding or order in relation to a child decided on a clear factual error of substance;\n- (a) in relation to the wrong person; or\n- (b) because a summons issued on a complaint originating the proceedings that resulted in the finding or order did not come to the knowledge of the child; or\n- (c) because it was made for a matter for which the child had been previously dealt with; or\n- (d) because of someone’s deceit.\n- (a) must give the parties an opportunity to be heard; and\n- (b) may make a finding or order in relation to the child— (i) for a reopening under subsection (1) (a) —in accordance with law; or (ii) for a reopening under subsection (1) (b) —the court legally should have made; or (iii) for a reopening under subsection (1) (c) —taking into account the factual error; and\n- (i) for a reopening under subsection (1) (a) —in accordance with law; or\n- (ii) for a reopening under subsection (1) (b) —the court legally should have made; or\n- (iii) for a reopening under subsection (1) (c) —taking into account the factual error; and\n- (c) may amend any relevant finding or order to the extent necessary to take into account the finding or order made under paragraph (b) .\n- (i) for a reopening under subsection (1) (a) —in accordance with law; or\n- (ii) for a reopening under subsection (1) (b) —the court legally should have made; or\n- (iii) for a reopening under subsection (1) (c) —taking into account the factual error; and\n- (a) on its own initiative at any time; or\n- (b) on the application of a party to the proceeding, the chief executive or the court’s registrar or clerk of the court, made within— (i) 28 days after the day the finding or order was made; or (ii) any further time the court may allow on application at any time.\n- (i) 28 days after the day the finding or order was made; or\n- (ii) any further time the court may allow on application at any time.\n- (i) 28 days after the day the finding or order was made; or\n- (ii) any further time the court may allow on application at any time.","sortOrder":209},{"sectionNumber":"sec.129","sectionType":"section","heading":"Removal of a proceeding because of lack of jurisdiction","content":"### sec.129 Removal of a proceeding because of lack of jurisdiction\n\nIf a court is satisfied that it does not have jurisdiction to hear and determine a proceeding before it because of this Act, it may remove the proceeding to a court of competent jurisdiction.\nTo remove and deal with the proceeding that remains before it, the court may—\ngive directions it considers necessary; and\ntake or make any procedural action or order the court of competent jurisdiction could take or make.\nSubsection (2) does not limit any other power the court may have to deal with the proceeding.\n(sec.129-ssec.1) If a court is satisfied that it does not have jurisdiction to hear and determine a proceeding before it because of this Act, it may remove the proceeding to a court of competent jurisdiction.\n(sec.129-ssec.2) To remove and deal with the proceeding that remains before it, the court may— give directions it considers necessary; and take or make any procedural action or order the court of competent jurisdiction could take or make.\n(sec.129-ssec.3) Subsection (2) does not limit any other power the court may have to deal with the proceeding.\n- (a) give directions it considers necessary; and\n- (b) take or make any procedural action or order the court of competent jurisdiction could take or make.","sortOrder":210},{"sectionNumber":"sec.130","sectionType":"section","heading":"Lack of jurisdiction discovered in course of a proceeding","content":"### sec.130 Lack of jurisdiction discovered in course of a proceeding\n\nThis section applies if, in the course of a proceeding, a court finds that it does not have jurisdiction to hear and determine the proceeding because of this Act.\nIf the court has the necessary jurisdiction in its concurrent jurisdiction, it may continue the proceeding in the concurrent jurisdiction.\nIf the court does not act under subsection (2) , it may deal with the proceeding under section 129 .\n(sec.130-ssec.1) This section applies if, in the course of a proceeding, a court finds that it does not have jurisdiction to hear and determine the proceeding because of this Act.\n(sec.130-ssec.2) If the court has the necessary jurisdiction in its concurrent jurisdiction, it may continue the proceeding in the concurrent jurisdiction.\n(sec.130-ssec.3) If the court does not act under subsection (2) , it may deal with the proceeding under section 129 .","sortOrder":211},{"sectionNumber":"sec.131","sectionType":"section","heading":"Lack of jurisdiction discovered after proceeding ends","content":"### sec.131 Lack of jurisdiction discovered after proceeding ends\n\nThis section applies if a finding or order has been made in a proceeding—\non the assumption that the person charged was a child, when the person was an adult; or\non the assumption that the person charged was an adult, when the person was a child.\nApplication may be made to the court that made the finding or order to set aside the finding or order.\nThe application may be made by—\na party to the proceeding; or\nif the person charged in the proceeding was a child—the chief executive acting in the child’s interests; or\nthe director of public prosecutions.\nThe application must be made—\nwithin 28 days after the error is discovered by the applicant; or\nby a later day that the court may at any time allow.\nOn hearing the application, the court may set aside the finding or order and—\nmake the finding or order the court considers should have been made in the first place, if necessary after deciding what facts the court when differently constituted must have found when making the finding or order set aside; or\ntake any action or make any order that could have been made by the court if it had discovered the error immediately before making the finding or order.\nA court can not set aside an acquittal under this section or an order dismissing a charge or discharging a person.\ns 131 amd 1996 No. 22 s 30 ; 1998 No. 39 s 33\n(sec.131-ssec.1) This section applies if a finding or order has been made in a proceeding— on the assumption that the person charged was a child, when the person was an adult; or on the assumption that the person charged was an adult, when the person was a child.\n(sec.131-ssec.2) Application may be made to the court that made the finding or order to set aside the finding or order.\n(sec.131-ssec.3) The application may be made by— a party to the proceeding; or if the person charged in the proceeding was a child—the chief executive acting in the child’s interests; or the director of public prosecutions.\n(sec.131-ssec.4) The application must be made— within 28 days after the error is discovered by the applicant; or by a later day that the court may at any time allow.\n(sec.131-ssec.5) On hearing the application, the court may set aside the finding or order and— make the finding or order the court considers should have been made in the first place, if necessary after deciding what facts the court when differently constituted must have found when making the finding or order set aside; or take any action or make any order that could have been made by the court if it had discovered the error immediately before making the finding or order.\n(sec.131-ssec.6) A court can not set aside an acquittal under this section or an order dismissing a charge or discharging a person.\n- (a) on the assumption that the person charged was a child, when the person was an adult; or\n- (b) on the assumption that the person charged was an adult, when the person was a child.\n- (a) a party to the proceeding; or\n- (b) if the person charged in the proceeding was a child—the chief executive acting in the child’s interests; or\n- (c) the director of public prosecutions.\n- (a) within 28 days after the error is discovered by the applicant; or\n- (b) by a later day that the court may at any time allow.\n- (a) make the finding or order the court considers should have been made in the first place, if necessary after deciding what facts the court when differently constituted must have found when making the finding or order set aside; or\n- (b) take any action or make any order that could have been made by the court if it had discovered the error immediately before making the finding or order.","sortOrder":212},{"sectionNumber":"pt.6-div.11","sectionType":"division","heading":"Child offenders who become adults","content":"## Child offenders who become adults","sortOrder":213},{"sectionNumber":"sec.132","sectionType":"section","heading":"Definitions for pt 6 , div 11","content":"### sec.132 Definitions for pt 6 , div 11\n\nIn this division—\nadult offence means an offence committed by an adult.\ns 132 def adult offence ins 2002 No. 39 s 38 (2)\nchild offence means an offence committed by a child.\ns 132 def child offence ins 2002 No. 39 s 38 (2)\noffence ...\ns 132 def offence om 2002 No. 39 s 38 (1)\noffender means a person who has—\ncommitted an offence as a child; and\nsince committing the offence become an adult.\nsentence , in relation to an offender sentenced as an adult, includes orders made instead of sentence.\ns 132 amd 1996 No. 22 s 3 sch 1\n- (a) committed an offence as a child; and\n- (b) since committing the offence become an adult.","sortOrder":214},{"sectionNumber":"sec.133","sectionType":"section","heading":"Reference to offence includes alleged offence","content":"### sec.133 Reference to offence includes alleged offence\n\nA reference in this division to an offence committed by the offender includes, if the offender has not been found guilty of the offence, an offence the offender is alleged to have committed.\ns 133 ins 2002 No. 39 s 39","sortOrder":215},{"sectionNumber":"sec.134","sectionType":"section","heading":"Offender treated as child","content":"### sec.134 Offender treated as child\n\nSubject to this division and part 8 , division 2A , the offender must be treated as a child for the purposes of this Act in relation to a child offence committed by the offender.\ns 134 prev s 134 amd 1996 No. 22 s 50\nom 2002 No. 39 s 72\npres s 134 amd 2002 No. 39 s 41 ; 2024 No. 54 s 13","sortOrder":216},{"sectionNumber":"sec.135","sectionType":"section","heading":"Offender to be remanded in a corrective services facility","content":"### sec.135 Offender to be remanded in a corrective services facility\n\nThis section applies if—\nboth of the following apply—\na court remands an offender in custody in connection with a charge of an adult offence;\nthe offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or\nboth of the following apply—\na court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence;\nthe offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or\nboth of the following apply—\na court remands an offender in custody in connection with a charge of a child offence;\nthe offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility.\nThe offender must be held on remand in a corrective services facility, unless a direction by the chief executive under section 276D is in effect for the offender.\nSubsection (4) applies if an offender mentioned in subsection (1) (a) is sentenced to a term of imprisonment for the adult offence.\nIf a direction by the chief executive under section 276D is in effect for the offender, the offender must serve the term of imprisonment in a detention centre while the direction is in effect.\nThe part of a term of imprisonment served in a detention centre under subsection (4) must be counted as part of the term of imprisonment.\nSubsection (7) applies if an offender mentioned in subsection (1) (b) or (c) is sentenced to a period of detention for a child offence.\nThe offender must serve the period of detention as a term of imprisonment in a corrective services facility.\ns 135 prev s 135 amd 1994 No. 87 s 3 sch 1 ; 1999 No. 19 s 3 sch\nom 2002 No. 39 s 72\npres s 135 ins 2002 No. 39 s 42\nsub 2009 No. 34 s 17\namd 2023 No. 21 s 71\nsub 2024 No. 54 s 14\n(sec.135-ssec.1) This section applies if— both of the following apply— a court remands an offender in custody in connection with a charge of an adult offence; the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or both of the following apply— a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence; the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or both of the following apply— a court remands an offender in custody in connection with a charge of a child offence; the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility.\n(sec.135-ssec.2) The offender must be held on remand in a corrective services facility, unless a direction by the chief executive under section 276D is in effect for the offender.\n(sec.135-ssec.3) Subsection (4) applies if an offender mentioned in subsection (1) (a) is sentenced to a term of imprisonment for the adult offence.\n(sec.135-ssec.4) If a direction by the chief executive under section 276D is in effect for the offender, the offender must serve the term of imprisonment in a detention centre while the direction is in effect.\n(sec.135-ssec.5) The part of a term of imprisonment served in a detention centre under subsection (4) must be counted as part of the term of imprisonment.\n(sec.135-ssec.6) Subsection (7) applies if an offender mentioned in subsection (1) (b) or (c) is sentenced to a period of detention for a child offence.\n(sec.135-ssec.7) The offender must serve the period of detention as a term of imprisonment in a corrective services facility.\n- (a) both of the following apply— (i) a court remands an offender in custody in connection with a charge of an adult offence; (ii) the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or\n- (i) a court remands an offender in custody in connection with a charge of an adult offence;\n- (ii) the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or\n- (b) both of the following apply— (i) a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence; (ii) the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or\n- (i) a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence;\n- (ii) the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or\n- (c) both of the following apply— (i) a court remands an offender in custody in connection with a charge of a child offence; (ii) the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility.\n- (i) a court remands an offender in custody in connection with a charge of a child offence;\n- (ii) the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility.\n- (i) a court remands an offender in custody in connection with a charge of an adult offence;\n- (ii) the offender is already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or\n- (i) a court remands an offender in custody in connection with a charge of a child offence, or both a child offence and an adult offence;\n- (ii) the offender is not already being held on remand in the chief executive’s custody or serving a period of detention in connection with a child offence, or otherwise being held in custody in a detention centre; or\n- (i) a court remands an offender in custody in connection with a charge of a child offence;\n- (ii) the offender is already being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility.","sortOrder":217},{"sectionNumber":"sec.136","sectionType":"section","heading":"Application of Corrective Services Act 2006","content":"### sec.136 Application of Corrective Services Act 2006\n\nThis section applies if, under section 135 (2) or (7) , an offender is required to be held on remand or serve a period of detention for a child offence as a term of imprisonment in a corrective services facility.\nFor holding the offender at a corrective services facility—\nthe offender is taken to be a prisoner under the Corrective Services Act 2006 ; and\nany rights, liberties or immunities of the offender as a detainee under this Act in relation to the child offence are not preserved, transferred or otherwise applicable for the offender as a prisoner; and\nif the offender is serving a period of detention, or liable to serve a period of detention—\nthe offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and\nthe day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 .\nHowever, the release of the offender under subsection (2) (c) (ii) is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the statutory parole order ) and the provisions of that Act applying to parole orders also apply to the statutory parole order.\ns 136 prev s 136 om 2002 No. 39 s 72\npres s 136 ins 2002 No. 39 s 42\namd 2023 No. 3 s 18\nsub 2024 No. 54 s 14\n(sec.136-ssec.1) This section applies if, under section 135 (2) or (7) , an offender is required to be held on remand or serve a period of detention for a child offence as a term of imprisonment in a corrective services facility.\n(sec.136-ssec.2) For holding the offender at a corrective services facility— the offender is taken to be a prisoner under the Corrective Services Act 2006 ; and any rights, liberties or immunities of the offender as a detainee under this Act in relation to the child offence are not preserved, transferred or otherwise applicable for the offender as a prisoner; and if the offender is serving a period of detention, or liable to serve a period of detention— the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 .\n(sec.136-ssec.3) However, the release of the offender under subsection (2) (c) (ii) is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the statutory parole order ) and the provisions of that Act applying to parole orders also apply to the statutory parole order.\n- (a) the offender is taken to be a prisoner under the Corrective Services Act 2006 ; and\n- (b) any rights, liberties or immunities of the offender as a detainee under this Act in relation to the child offence are not preserved, transferred or otherwise applicable for the offender as a prisoner; and\n- (c) if the offender is serving a period of detention, or liable to serve a period of detention— (i) the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and (ii) the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 .\n- (i) the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and\n- (ii) the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 .\n- (i) the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and\n- (ii) the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 .","sortOrder":218},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 prev s 137 om 2002 No. 39 s 72\npres s 137 ins 2002 No. 39 s 42\nom 2024 No. 54 s 14","sortOrder":219},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 prev s 138 amd 1999 No. 19 s 3 sch\nom 2002 No. 39 s 72\npres s 138 ins 2002 No. 39 s 42\namd 2006 No. 29 s 518 sch 3 ; 2016 No. 39 s 18 ; 2023 No. 3 s 19\nom 2024 No. 54 s 14","sortOrder":220},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 prev s 139 om 2002 No. 39 s 72\npres s 139 ins 2002 No. 39 s 42\namd 2009 No. 34 s 18 ; 2016 No. 39 s 19\nom 2024 No. 54 s 14","sortOrder":221},{"sectionNumber":"sec.140","sectionType":"section","heading":"When offender must be treated as an adult","content":"### sec.140 When offender must be treated as an adult\n\nIf 1 year has passed after an offender has become an adult—\na proceeding afterwards started against the offender for a child offence must be taken as if the offender were an adult at the time of the commission of the child offence; and\nif found guilty in the proceeding—the offender must be sentenced as an adult.\nIf—\na proceeding has started against an offender for a child offence in the way provided in this Act for a child; but\nthe proceeding has not been completed to a finding of guilty or not guilty by the time 1 year has passed after the offender becomes an adult;\nthen—\nthe proceeding must be finished in the way provided in this Act for a child; but\nif found guilty—the offender must be sentenced as an adult.\nIf, after a finding of guilt in a proceeding started against an offender as a child—\nthe court has been unable to sentence the offender because the offender has—\nescaped from detention; or\nfailed, without reasonable excuse, to appear as required under the conditions of bail; or\nfailed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and\n1 year has passed after the offender has become an adult;\nthe offender must be sentenced as an adult.\nAn offender must not be treated as an adult under this section if the court is satisfied that there was undue delay on the part of the prosecution in starting or completing the proceeding.\ns 140 prev s 140 om 2002 No. 39 s 72\npres s 140 amd 1996 No. 22 s 32 ; 2002 No. 39 s 43\n(sec.140-ssec.1) If 1 year has passed after an offender has become an adult— a proceeding afterwards started against the offender for a child offence must be taken as if the offender were an adult at the time of the commission of the child offence; and if found guilty in the proceeding—the offender must be sentenced as an adult.\n(sec.140-ssec.2) If— a proceeding has started against an offender for a child offence in the way provided in this Act for a child; but the proceeding has not been completed to a finding of guilty or not guilty by the time 1 year has passed after the offender becomes an adult; then— the proceeding must be finished in the way provided in this Act for a child; but if found guilty—the offender must be sentenced as an adult.\n(sec.140-ssec.3) If, after a finding of guilt in a proceeding started against an offender as a child— the court has been unable to sentence the offender because the offender has— escaped from detention; or failed, without reasonable excuse, to appear as required under the conditions of bail; or failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and 1 year has passed after the offender has become an adult; the offender must be sentenced as an adult.\n(sec.140-ssec.4) An offender must not be treated as an adult under this section if the court is satisfied that there was undue delay on the part of the prosecution in starting or completing the proceeding.\n- (a) a proceeding afterwards started against the offender for a child offence must be taken as if the offender were an adult at the time of the commission of the child offence; and\n- (b) if found guilty in the proceeding—the offender must be sentenced as an adult.\n- (a) a proceeding has started against an offender for a child offence in the way provided in this Act for a child; but\n- (b) the proceeding has not been completed to a finding of guilty or not guilty by the time 1 year has passed after the offender becomes an adult; then—\n- (c) the proceeding must be finished in the way provided in this Act for a child; but\n- (d) if found guilty—the offender must be sentenced as an adult.\n- (a) the court has been unable to sentence the offender because the offender has— (i) escaped from detention; or (ii) failed, without reasonable excuse, to appear as required under the conditions of bail; or (iii) failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and\n- (i) escaped from detention; or\n- (ii) failed, without reasonable excuse, to appear as required under the conditions of bail; or\n- (iii) failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and\n- (b) 1 year has passed after the offender has become an adult;\n- (i) escaped from detention; or\n- (ii) failed, without reasonable excuse, to appear as required under the conditions of bail; or\n- (iii) failed, without reasonable excuse, to return to the detention centre at the end of a period of leave granted under section 269 ; and","sortOrder":222},{"sectionNumber":"sec.141","sectionType":"section","heading":"When offender may be treated as an adult","content":"### sec.141 When offender may be treated as an adult\n\nThis section applies if—\na proceeding has started against an offender for a child offence in the way provided in this Act for a child (the childhood proceeding ); and\nby the time 1 year has passed after the offender becomes an adult—\nthe childhood proceeding has not been completed to a finding of guilty or not guilty; and\nthe offender, for another offence—\nis proceeded against as an adult; or\nhas been sentenced as an adult.\nThe court hearing the childhood proceeding may decide to continue the proceeding as if the offender were an adult when the child offence was committed.\nFor subsection (2) , the Childrens Court may continue the proceeding in its concurrent jurisdiction.\nIf the offender is found guilty, the offender must be sentenced as an adult.\nThis section applies despite section 140 (2) .\ns 141 prev s 141 amd 1996 No. 22 s 51\nom 2002 No. 39 s 72\npres s 141 ins 1996 No. 22 s 34\namd 2002 No. 39 s 44\n(sec.141-ssec.1) This section applies if— a proceeding has started against an offender for a child offence in the way provided in this Act for a child (the childhood proceeding ); and by the time 1 year has passed after the offender becomes an adult— the childhood proceeding has not been completed to a finding of guilty or not guilty; and the offender, for another offence— is proceeded against as an adult; or has been sentenced as an adult.\n(sec.141-ssec.2) The court hearing the childhood proceeding may decide to continue the proceeding as if the offender were an adult when the child offence was committed.\n(sec.141-ssec.3) For subsection (2) , the Childrens Court may continue the proceeding in its concurrent jurisdiction.\n(sec.141-ssec.4) If the offender is found guilty, the offender must be sentenced as an adult.\n(sec.141-ssec.5) This section applies despite section 140 (2) .\n- (a) a proceeding has started against an offender for a child offence in the way provided in this Act for a child (the childhood proceeding ); and\n- (b) by the time 1 year has passed after the offender becomes an adult— (i) the childhood proceeding has not been completed to a finding of guilty or not guilty; and (ii) the offender, for another offence— (A) is proceeded against as an adult; or (B) has been sentenced as an adult.\n- (i) the childhood proceeding has not been completed to a finding of guilty or not guilty; and\n- (ii) the offender, for another offence— (A) is proceeded against as an adult; or (B) has been sentenced as an adult.\n- (A) is proceeded against as an adult; or\n- (B) has been sentenced as an adult.\n- (i) the childhood proceeding has not been completed to a finding of guilty or not guilty; and\n- (ii) the offender, for another offence— (A) is proceeded against as an adult; or (B) has been sentenced as an adult.\n- (A) is proceeded against as an adult; or\n- (B) has been sentenced as an adult.\n- (A) is proceeded against as an adult; or\n- (B) has been sentenced as an adult.","sortOrder":223},{"sectionNumber":"sec.142","sectionType":"section","heading":"Continuing effect on offender of orders made when child","content":"### sec.142 Continuing effect on offender of orders made when child\n\nAn order that may be made under this Act against a child ( the order ) may be made even though the person concerned will have ceased to be a child before the order’s effect will have ceased under its terms.\nIf a person against whom the order is made ceases to be a child before the order’s effect ceases under its terms—\nthe order continues to apply as if the person continued to be a child; and\nother proceedings and orders arising out of the order that could have been taken or made in relation to the person had the person remained a child must be taken or made as if the person were a child.\nFor subsection (2) , a reference in this Act to a child subject to an order who commits an offence or contravenes the order is declared to include a reference to the child committing the offence or contravening the order while subject to the order after becoming an adult.\nSubsection (3) does not limit subsection (2) .\nIf—\na proceeding or order mentioned in subsection (2) (b) may be taken before, or made by, a court if a person is found guilty of an offence before the court; and\nthe person is found guilty before a Magistrates Court of an adult offence;\nthe court has concurrent jurisdiction to hear the proceeding or make the order.\nFor subsection (5) , any judicial officer constituting the Magistrates Court may constitute the Childrens Court.\ns 142 prev s 142 om 2002 No. 39 s 72\npres s 142 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 35 ; 2002 No. 39 s 45\n(sec.142-ssec.1) An order that may be made under this Act against a child ( the order ) may be made even though the person concerned will have ceased to be a child before the order’s effect will have ceased under its terms.\n(sec.142-ssec.2) If a person against whom the order is made ceases to be a child before the order’s effect ceases under its terms— the order continues to apply as if the person continued to be a child; and other proceedings and orders arising out of the order that could have been taken or made in relation to the person had the person remained a child must be taken or made as if the person were a child.\n(sec.142-ssec.3) For subsection (2) , a reference in this Act to a child subject to an order who commits an offence or contravenes the order is declared to include a reference to the child committing the offence or contravening the order while subject to the order after becoming an adult.\n(sec.142-ssec.4) Subsection (3) does not limit subsection (2) .\n(sec.142-ssec.5) If— a proceeding or order mentioned in subsection (2) (b) may be taken before, or made by, a court if a person is found guilty of an offence before the court; and the person is found guilty before a Magistrates Court of an adult offence; the court has concurrent jurisdiction to hear the proceeding or make the order.\n(sec.142-ssec.6) For subsection (5) , any judicial officer constituting the Magistrates Court may constitute the Childrens Court.\n- (a) the order continues to apply as if the person continued to be a child; and\n- (b) other proceedings and orders arising out of the order that could have been taken or made in relation to the person had the person remained a child must be taken or made as if the person were a child.\n- (a) a proceeding or order mentioned in subsection (2) (b) may be taken before, or made by, a court if a person is found guilty of an offence before the court; and\n- (b) the person is found guilty before a Magistrates Court of an adult offence;","sortOrder":224},{"sectionNumber":"sec.143","sectionType":"section","heading":"When order made as child may be dealt with as adult order","content":"### sec.143 When order made as child may be dealt with as adult order\n\nThis section applies if—\na sentence order is made against a person as a child (the childhood sentence order ); and\na proceeding arising out of the order is taken before a court after the person becomes an adult.\nIf the circumstances mentioned in subsection (3) apply, the court may decide to deal with the person as if—\nthe childhood sentence order were a corresponding adult order made for the offence; and\nthe offence were committed as an adult.\nThe circumstances are—\nthe person, for another offence committed as an adult—\nis being proceeded against; or\nhas been sentenced; or\nmore than 1 year has passed after the offender becomes an adult.\nThe court may declare the childhood sentence order to be a corresponding adult order and make all necessary changes to the childhood sentence order to change it to a corresponding adult order.\nThe person is then subject to the corresponding adult order for the proceeding before the court and any further proceedings and orders.\nFor the application of the Penalties and Sentences Act 1992 —\nsection 123 of that Act does not apply to a contravention of the childhood sentence order that happens before the order is declared under this section to be a community based order under that Act; and\nif the corresponding adult order is a probation order or community service order under that Act, section 12 (6) of that Act does not apply to the court for the proceeding before the court.\nFor subsection (2) , the Childrens Court may continue the proceeding in its concurrent jurisdiction.\nIn this section—\ncorresponding adult order to a childhood sentence order, means a type of sentence to which an adult is liable that is similar to the type of the childhood sentence order, for example—\na probation order made under the Penalties and Sentences Act 1992 is a corresponding adult order to a probation order made under this Act; and\na community service order made under the Penalties and Sentences Act 1992 is a corresponding adult order to a community service order made under this Act.\ns 143 prev s 143 om 2002 No. 39 s 72\npres s 143 ins 1996 No. 22 s 36\namd 2002 No. 39 s 46\n(sec.143-ssec.1) This section applies if— a sentence order is made against a person as a child (the childhood sentence order ); and a proceeding arising out of the order is taken before a court after the person becomes an adult.\n(sec.143-ssec.2) If the circumstances mentioned in subsection (3) apply, the court may decide to deal with the person as if— the childhood sentence order were a corresponding adult order made for the offence; and the offence were committed as an adult.\n(sec.143-ssec.3) The circumstances are— the person, for another offence committed as an adult— is being proceeded against; or has been sentenced; or more than 1 year has passed after the offender becomes an adult.\n(sec.143-ssec.4) The court may declare the childhood sentence order to be a corresponding adult order and make all necessary changes to the childhood sentence order to change it to a corresponding adult order.\n(sec.143-ssec.5) The person is then subject to the corresponding adult order for the proceeding before the court and any further proceedings and orders.\n(sec.143-ssec.6) For the application of the Penalties and Sentences Act 1992 — section 123 of that Act does not apply to a contravention of the childhood sentence order that happens before the order is declared under this section to be a community based order under that Act; and if the corresponding adult order is a probation order or community service order under that Act, section 12 (6) of that Act does not apply to the court for the proceeding before the court.\n(sec.143-ssec.7) For subsection (2) , the Childrens Court may continue the proceeding in its concurrent jurisdiction.\n(sec.143-ssec.8) In this section— corresponding adult order to a childhood sentence order, means a type of sentence to which an adult is liable that is similar to the type of the childhood sentence order, for example— a probation order made under the Penalties and Sentences Act 1992 is a corresponding adult order to a probation order made under this Act; and a community service order made under the Penalties and Sentences Act 1992 is a corresponding adult order to a community service order made under this Act.\n- (a) a sentence order is made against a person as a child (the childhood sentence order ); and\n- (b) a proceeding arising out of the order is taken before a court after the person becomes an adult.\n- (a) the childhood sentence order were a corresponding adult order made for the offence; and\n- (b) the offence were committed as an adult.\n- (a) the person, for another offence committed as an adult— (i) is being proceeded against; or (ii) has been sentenced; or\n- (i) is being proceeded against; or\n- (ii) has been sentenced; or\n- (b) more than 1 year has passed after the offender becomes an adult.\n- (i) is being proceeded against; or\n- (ii) has been sentenced; or\n- (a) section 123 of that Act does not apply to a contravention of the childhood sentence order that happens before the order is declared under this section to be a community based order under that Act; and\n- (b) if the corresponding adult order is a probation order or community service order under that Act, section 12 (6) of that Act does not apply to the court for the proceeding before the court.\n- (a) a probation order made under the Penalties and Sentences Act 1992 is a corresponding adult order to a probation order made under this Act; and\n- (b) a community service order made under the Penalties and Sentences Act 1992 is a corresponding adult order to a community service order made under this Act.","sortOrder":225},{"sectionNumber":"sec.144","sectionType":"section","heading":"Sentencing offender as adult","content":"### sec.144 Sentencing offender as adult\n\nSubject to subsections (2) and (3) , a court sentencing an offender as an adult under section 140 , 141 or 143 has jurisdiction to sentence the offender in any way that an adult may be sentenced.\nThe court must have regard to—\nthe fact that the offender was a child when the child offence was committed; and\nthe sentence that might have been imposed on the offender if sentenced as a child.\nThe court can not order the offender—\nto serve a term of imprisonment longer than the period of detention that the court could have imposed on the offender if sentenced as a child; or\nto pay an amount by way of fine, restitution or compensation greater than that which the court could have ordered the offender to pay if sentenced as a child.\nSubsection (3) applies even though an adult would otherwise be liable to a heavier penalty which by operation of law could not be reduced.\ns 144 prev s 144 om 2002 No. 39 s 72\npres s 144 (prev s 106) amd 1996 No. 22 s 33 (1) – (2)\nrenum and reloc 1996 No. 22 s 33 (3)\namd 2002 No. 39 s 47\n(sec.144-ssec.1) Subject to subsections (2) and (3) , a court sentencing an offender as an adult under section 140 , 141 or 143 has jurisdiction to sentence the offender in any way that an adult may be sentenced.\n(sec.144-ssec.2) The court must have regard to— the fact that the offender was a child when the child offence was committed; and the sentence that might have been imposed on the offender if sentenced as a child.\n(sec.144-ssec.3) The court can not order the offender— to serve a term of imprisonment longer than the period of detention that the court could have imposed on the offender if sentenced as a child; or to pay an amount by way of fine, restitution or compensation greater than that which the court could have ordered the offender to pay if sentenced as a child.\n(sec.144-ssec.4) Subsection (3) applies even though an adult would otherwise be liable to a heavier penalty which by operation of law could not be reduced.\n- (a) the fact that the offender was a child when the child offence was committed; and\n- (b) the sentence that might have been imposed on the offender if sentenced as a child.\n- (a) to serve a term of imprisonment longer than the period of detention that the court could have imposed on the offender if sentenced as a child; or\n- (b) to pay an amount by way of fine, restitution or compensation greater than that which the court could have ordered the offender to pay if sentenced as a child.","sortOrder":226},{"sectionNumber":"sec.145","sectionType":"section","heading":"Chief executive (corrective services) to be notified if offender sentenced as adult","content":"### sec.145 Chief executive (corrective services) to be notified if offender sentenced as adult\n\nThis section applies if, under this division, an order is made by a court sentencing an offender as an adult.\nThe chief executive must immediately give the chief executive (corrective services) notice of the order.\ns 145 prev s 145 om 2002 No. 39 s 72\npres s 145 ins 1998 No. 39 s 35\namd 1999 No. 9 s 3 sch ; 2003 No. 57 s 39 (1) – (2) sch 3\n(sec.145-ssec.1) This section applies if, under this division, an order is made by a court sentencing an offender as an adult.\n(sec.145-ssec.2) The chief executive must immediately give the chief executive (corrective services) notice of the order.","sortOrder":227},{"sectionNumber":"sec.146","sectionType":"section","heading":"Extension of Act for detainee offender","content":"### sec.146 Extension of Act for detainee offender\n\nIn this section—\ndetainee means a person serving a period of detention under a sentence order.\nIf—\na proceeding is started against a detainee for an offence committed within the period of 1 year after the detainee ceased to be a child; and\nthe proceeding is started within 1 year of the commission of the offence;\nthe detainee may be treated as a child for the purpose of the proceeding.\nA court may treat the detainee as a child if it considers this appropriate, for example because—\ntreatment of the detainee as an adult would disrupt the application of an existing sentence order; or\nthe offence was committed in a detention centre in circumstances suggesting that the detainee should be treated as a child in relation to the offence; or\na recommendation made by the chief executive or in a pre-sentence report supports the treatment of the detainee as a child.\nA court may act under this section on application by a party to the proceeding or on its own initiative.\ns 146 (prev s 102) amd 1996 No. 22 s 31 ; 1998 No. 39 s 34\nreloc and renum 2002 No. 39 s 36\n(sec.146-ssec.1) In this section— detainee means a person serving a period of detention under a sentence order.\n(sec.146-ssec.2) If— a proceeding is started against a detainee for an offence committed within the period of 1 year after the detainee ceased to be a child; and the proceeding is started within 1 year of the commission of the offence; the detainee may be treated as a child for the purpose of the proceeding.\n(sec.146-ssec.3) A court may treat the detainee as a child if it considers this appropriate, for example because— treatment of the detainee as an adult would disrupt the application of an existing sentence order; or the offence was committed in a detention centre in circumstances suggesting that the detainee should be treated as a child in relation to the offence; or a recommendation made by the chief executive or in a pre-sentence report supports the treatment of the detainee as a child.\n(sec.146-ssec.4) A court may act under this section on application by a party to the proceeding or on its own initiative.\n- (a) a proceeding is started against a detainee for an offence committed within the period of 1 year after the detainee ceased to be a child; and\n- (b) the proceeding is started within 1 year of the commission of the offence;\n- (a) treatment of the detainee as an adult would disrupt the application of an existing sentence order; or\n- (b) the offence was committed in a detention centre in circumstances suggesting that the detainee should be treated as a child in relation to the offence; or\n- (c) a recommendation made by the chief executive or in a pre-sentence report supports the treatment of the detainee as a child.","sortOrder":228},{"sectionNumber":"pt.6-div.12","sectionType":"division","heading":"Admissibility of particular evidence","content":"## Admissibility of particular evidence","sortOrder":229},{"sectionNumber":"sec.147","sectionType":"section","heading":"Use of evidence of cautions and restorative justice agreements in deciding issue of criminal responsibility","content":"### sec.147 Use of evidence of cautions and restorative justice agreements in deciding issue of criminal responsibility\n\nA court considering an issue of criminal responsibility under the Criminal Code , section 29 in relation to a child may have regard to any previous caution administered to the child or any previous restorative justice agreement made by the child.\ns 147 ins 2002 No. 39 s 48\namd 2016 No. 39 s 20","sortOrder":230},{"sectionNumber":"sec.148","sectionType":"section","heading":"Evidence of childhood finding of guilt not admissible against adult","content":"### sec.148 Evidence of childhood finding of guilt not admissible against adult\n\nSubject to sections 148A and 148B , in a proceeding against a person who is an adult for an offence, there must not be admitted against the person evidence that the person was found guilty as a child of an offence if a conviction was not recorded.\nSubsection (1) applies even though the evidence would otherwise be admissible under the Evidence Act 1977 , section 15 and the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 5 (3) (b) .\nFor subsection (1) , if a person is found guilty as a child of an offence, the person is not taken to have been found guilty as an adult of the offence merely because of the making of a declaration under section 143 (4) .\ns 148 (prev s 114) amd 1996 No. 22 s 40 ; 2002 No. 39 s 51 (1) – (3)\nreloc and renum 2002 No. 39 s 51 (4)\namd 2014 No. 9 s 8 ; 2016 No. 38 s 15 ; 2024 No. 54 s 47\n(sec.148-ssec.1) Subject to sections 148A and 148B , in a proceeding against a person who is an adult for an offence, there must not be admitted against the person evidence that the person was found guilty as a child of an offence if a conviction was not recorded.\n(sec.148-ssec.2) Subsection (1) applies even though the evidence would otherwise be admissible under the Evidence Act 1977 , section 15 and the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 5 (3) (b) .\n(sec.148-ssec.3) For subsection (1) , if a person is found guilty as a child of an offence, the person is not taken to have been found guilty as an adult of the offence merely because of the making of a declaration under section 143 (4) .","sortOrder":231},{"sectionNumber":"sec.148A","sectionType":"section","heading":"Admissibility and use of childhood criminal history in sentencing adults","content":"### sec.148A Admissibility and use of childhood criminal history in sentencing adults\n\nThis section applies in relation to a court that is sentencing a person who is an adult for an offence.\nDuring the prescribed period—\nsection 148 does not prevent the court admitting evidence that the person was found guilty as a child of an offence without the recording of a conviction; and\nthe court may admit other evidence from the person’s criminal history as a child; and\na previous finding of guilt, other than an excluded previous finding of guilt, against the person as a child, for an offence without the recording of a conviction that forms part of the person’s criminal history as a child is taken to be a previous conviction of the person.\nAlso, section 148 does not prevent the court from receiving information about any other sentence to which the person is subject under this Act if that is necessary to mitigate the effect of the court’s sentence.\nIn this section—\nexcluded previous finding of guilt means a finding of guilt to which section 148B (2) applies.\nprescribed period , for a person, means a period of 5 years starting on the latest day that a matter became part of the person’s criminal history as a child.\ns 148A (prev s 148AA) ins 2024 No. 54 s 48\nrenum 2024 No. 54 s 49\n(sec.148A-ssec.1) This section applies in relation to a court that is sentencing a person who is an adult for an offence.\n(sec.148A-ssec.2) During the prescribed period— section 148 does not prevent the court admitting evidence that the person was found guilty as a child of an offence without the recording of a conviction; and the court may admit other evidence from the person’s criminal history as a child; and a previous finding of guilt, other than an excluded previous finding of guilt, against the person as a child, for an offence without the recording of a conviction that forms part of the person’s criminal history as a child is taken to be a previous conviction of the person.\n(sec.148A-ssec.3) Also, section 148 does not prevent the court from receiving information about any other sentence to which the person is subject under this Act if that is necessary to mitigate the effect of the court’s sentence.\n(sec.148A-ssec.4) In this section— excluded previous finding of guilt means a finding of guilt to which section 148B (2) applies. prescribed period , for a person, means a period of 5 years starting on the latest day that a matter became part of the person’s criminal history as a child.\n- (a) section 148 does not prevent the court admitting evidence that the person was found guilty as a child of an offence without the recording of a conviction; and\n- (b) the court may admit other evidence from the person’s criminal history as a child; and\n- (c) a previous finding of guilt, other than an excluded previous finding of guilt, against the person as a child, for an offence without the recording of a conviction that forms part of the person’s criminal history as a child is taken to be a previous conviction of the person.","sortOrder":232},{"sectionNumber":"sec.148B","sectionType":"section","heading":"Admissibility of childhood finding of guilt against adult for particular purposes","content":"### sec.148B Admissibility of childhood finding of guilt against adult for particular purposes\n\nThis section applies to—\na proceeding before a court to hear and determine a charge against a person who is an adult of an offence under the Criminal Code , section 328A , on indictment or summarily, alleged to have been committed after a previous conviction mentioned in that section; or\na proceeding before a court for the sentencing of a person who is an adult—\nconvicted of an offence under the Criminal Code , section 328A (2) (c) ; or\nconvicted of an offence to which the Criminal Code , section 328A (3) applies.\nSection 148 does not prevent the court admitting a previous finding of guilt against the person, as a child, for a relevant offence without the recording of a conviction if the finding of guilt—\nforms part of the person’s criminal history as a child; and\nwas made during a period of 5 years before the offence mentioned in subsection (1) was committed.\nIn this section—\nrelevant offence means an offence mentioned in the Criminal Code , section 328A (2) (c) or (3) .\ns 148B (prev s 148AB) ins 2024 No. 54 s 48\nrenum 2024 No. 54 s 49\n(sec.148B-ssec.1) This section applies to— a proceeding before a court to hear and determine a charge against a person who is an adult of an offence under the Criminal Code , section 328A , on indictment or summarily, alleged to have been committed after a previous conviction mentioned in that section; or a proceeding before a court for the sentencing of a person who is an adult— convicted of an offence under the Criminal Code , section 328A (2) (c) ; or convicted of an offence to which the Criminal Code , section 328A (3) applies.\n(sec.148B-ssec.2) Section 148 does not prevent the court admitting a previous finding of guilt against the person, as a child, for a relevant offence without the recording of a conviction if the finding of guilt— forms part of the person’s criminal history as a child; and was made during a period of 5 years before the offence mentioned in subsection (1) was committed.\n(sec.148B-ssec.3) In this section— relevant offence means an offence mentioned in the Criminal Code , section 328A (2) (c) or (3) .\n- (a) a proceeding before a court to hear and determine a charge against a person who is an adult of an offence under the Criminal Code , section 328A , on indictment or summarily, alleged to have been committed after a previous conviction mentioned in that section; or\n- (b) a proceeding before a court for the sentencing of a person who is an adult— (i) convicted of an offence under the Criminal Code , section 328A (2) (c) ; or (ii) convicted of an offence to which the Criminal Code , section 328A (3) applies.\n- (i) convicted of an offence under the Criminal Code , section 328A (2) (c) ; or\n- (ii) convicted of an offence to which the Criminal Code , section 328A (3) applies.\n- (i) convicted of an offence under the Criminal Code , section 328A (2) (c) ; or\n- (ii) convicted of an offence to which the Criminal Code , section 328A (3) applies.\n- (a) forms part of the person’s criminal history as a child; and\n- (b) was made during a period of 5 years before the offence mentioned in subsection (1) was committed.","sortOrder":233},{"sectionNumber":"sec.148C","sectionType":"section","heading":"Admissibility of evidence obtained while participating in particular programs","content":"### sec.148C Admissibility of evidence obtained while participating in particular programs\n\nThe following are not admissible in evidence against a child in any civil, criminal or administrative proceeding—\nan admission made by the child in the course of, for the purpose of, or as a condition of, participating in a youth justice program;\nevidence directly or indirectly derived from an admission mentioned in paragraph (a) .\nSubsection (1) does not apply to a proceeding for an offence committed or allegedly committed by the child while participating in a youth justice program.\nThe reference in subsection (1) (a) to an admission made by the child includes—\nany written material made by the child; and\na written apology given as a requirement of a conference agreement\nanything said or done by the child that makes it evident the child committed an offence.\nHowever, evidence that would otherwise be inadmissible in a proceeding because of subsection (1) —\nis admissible if the child agrees to its admission; or\nfor evidence from participation in a conference or alternative diversion program—is admissible in a proceeding under part 7 , division 2 .\nIn this section—\nyouth justice program means—\na conference; or\nan alternative diversion program; or\na program or service established by the chief executive under section 302 .\ns 148C (prev s 148A) ins 2024 No. 45 s 122\nrenum 2024 No. 54 s 49\n(sec.148C-ssec.1) The following are not admissible in evidence against a child in any civil, criminal or administrative proceeding— an admission made by the child in the course of, for the purpose of, or as a condition of, participating in a youth justice program; evidence directly or indirectly derived from an admission mentioned in paragraph (a) .\n(sec.148C-ssec.2) Subsection (1) does not apply to a proceeding for an offence committed or allegedly committed by the child while participating in a youth justice program.\n(sec.148C-ssec.3) The reference in subsection (1) (a) to an admission made by the child includes— any written material made by the child; and a written apology given as a requirement of a conference agreement anything said or done by the child that makes it evident the child committed an offence.\n(sec.148C-ssec.4) However, evidence that would otherwise be inadmissible in a proceeding because of subsection (1) — is admissible if the child agrees to its admission; or for evidence from participation in a conference or alternative diversion program—is admissible in a proceeding under part 7 , division 2 .\n(sec.148C-ssec.5) In this section— youth justice program means— a conference; or an alternative diversion program; or a program or service established by the chief executive under section 302 .\n- (a) an admission made by the child in the course of, for the purpose of, or as a condition of, participating in a youth justice program;\n- (b) evidence directly or indirectly derived from an admission mentioned in paragraph (a) .\n- (a) any written material made by the child; and Example— a written apology given as a requirement of a conference agreement\n- (b) anything said or done by the child that makes it evident the child committed an offence.\n- (a) is admissible if the child agrees to its admission; or\n- (b) for evidence from participation in a conference or alternative diversion program—is admissible in a proceeding under part 7 , division 2 .\n- (a) a conference; or\n- (b) an alternative diversion program; or\n- (c) a program or service established by the chief executive under section 302 .","sortOrder":234},{"sectionNumber":"pt.7","sectionType":"part","heading":"Sentencing","content":"# Sentencing","sortOrder":235},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Sentencing generally","content":"## Sentencing generally","sortOrder":236},{"sectionNumber":"sec.149","sectionType":"section","heading":"Jurisdiction to sentence child exclusive","content":"### sec.149 Jurisdiction to sentence child exclusive\n\nA court that sentences a child for an offence must sentence the child under this part.\nSubsection (1) applies despite any other Act or law.\ns 149 amd 1996 No. 22 s 3 sch 1\n(sec.149-ssec.1) A court that sentences a child for an offence must sentence the child under this part.\n(sec.149-ssec.2) Subsection (1) applies despite any other Act or law.","sortOrder":237},{"sectionNumber":"sec.150","sectionType":"section","heading":"Sentencing principles","content":"### sec.150 Sentencing principles\n\nIn sentencing a child for an offence, a court must not have regard to—\nany principle that a detention order should only be imposed as a last resort; or\nany principle that a sentence that allows the child to stay in the community is preferable.\nIn sentencing a child for an offence, a court must have primary regard to any impact of the offence on a victim, including harm mentioned in information relating to the victim given to the court under the Penalties and Sentences Act 1992 , section 179K .\nIn sentencing a child for an offence, a court must have regard to—\nsubject to this Act, the general principles applying to the sentencing of all persons; and\nthe youth justice principles; and\nthe matter to which the court must have primary regard under subsection (2) ; and\nthe special considerations stated in subsection (4) ; and\nthe nature and seriousness of the offence; and\nthe child’s criminal history; and\nthe hardship that any sentence imposed would have on the child, having regard to the child’s characteristics, including disability, gender identity, parental status, race, religion, sex, sex characteristics and sexuality; and\nregardless of whether there are exceptional circumstances, the probable effect that any sentence imposed would have on—\na person with whom the child is in a family relationship and for whom the child is the primary caregiver; and\na person with whom the child is in an informal care relationship; and\nif the child is pregnant—the child of the pregnancy; and\nthe presence of any aggravating or mitigating factor concerning the child; and\nwithout limiting paragraph (f) , whether the child committed the offence—\nwhile released into the custody of a parent, or at large with or without bail, for another offence; or\nafter being committed for trial, or awaiting trial or sentencing, for another offence; and\nalso without limiting paragraph (f) , the following matters—\nwhether the child is a victim of, or has been exposed to, domestic violence;\nwhether the commission of the offence is wholly or partly attributable to the effect of domestic violence, or exposure to domestic violence, on the child;\nthe child’s history of being abused or victimised; and\nany information about the child, including a pre-sentence report and bail history, provided to assist the court in making a determination; and\nif the child is an Aboriginal or Torres Strait Islander person—any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child; and\nif the child is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the child’s community that are relevant to sentencing the child, including, for example—\nthe child’s connection with the child’s community, family or kin; or\nany cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child; or\nany considerations relating to programs and services established for offenders in which the community justice group participates; and\na sentence imposed on the child that has not been completed; and\na sentence that the child is liable to have imposed because of the revocation of any order under this Act for the breach of conditions by the child; and\nthe fitting proportion between the sentence and the offence.\nSpecial considerations are that—\na child’s age is a mitigating factor in determining whether or not to impose a penalty, and the nature of a penalty imposed; and\nthe rehabilitation of a child found guilty of an offence is greatly assisted by—\nthe child’s family; and\nopportunities to engage in educational programs and employment; and\na child who has no apparent family support, or opportunities to engage in educational programs and employment, should not receive a more severe sentence because of the lack of support or opportunity.\nIn determining the appropriate sentence for a child convicted of the manslaughter of a child under 12 years, a court must treat the victim’s defencelessness and vulnerability, having regard to the victim’s age, as an aggravating factor.\nIn determining the appropriate sentence for a child who is a victim of, or has been exposed to, domestic violence, the court must treat as a mitigating factor—\nthe effect of the domestic violence or exposure to domestic violence on the child; and\nif the commission of the offence is wholly or partly attributable to the effect of the domestic violence, or exposure to domestic violence, on the child—the extent to which the commission of the offence is attributable to the effect of the violence or exposure.\nIn determining the appropriate sentence for a child convicted of a relevant serious offence committed in relation to a pregnant person that resulted in destroying the life of the person’s unborn child, the court must treat the destruction of the unborn child’s life as an aggravating factor, unless the court considers it is not reasonable because of the exceptional circumstances of the case.\nIf required by the court for subsection (3) (i) , the representative must advise the court whether—\nany member of the community justice group that is responsible for the submission is related to the offender or the victim; or\nthere are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the child or victim.\nWithout limiting the matters a court may have regard to in sentencing a child for an offence, the court may have regard to any relevant matter on the child’s traffic history under the Transport Operations (Road Use Management) Act 1995 .\nIn sentencing a child for an offence, a court may receive any information, or a sentencing submission made by a party to the proceedings, it considers appropriate to enable it to impose the proper sentence or make a proper order in connection with the sentence.\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nUnder the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\nIn this section—\ndomestic violence see the Domestic and Family Violence Protection Act 2012 , section 8 .\nexposed , for a child in relation to domestic violence, see the Domestic and Family Violence Protection Act 2012 , section 10 .\nrelevant serious offence means an offence against—\nthe following provisions of the Criminal Code —\nsections 302 and 305 ;\nsections 303 and 310 ;\nsection 320 ;\nsection 323 ;\nsection 328A ;\nsection 339 ; and\nthe Transport Operations (Road Use Management) Act 1995 , section 83 .\nsentencing submission , made by a party, means a submission stating the sentence, or range of sentences, the party considers appropriate for the court to impose.\ns 150 amd 2000 No. 42 s 6 ; 2002 No. 46 s 40 sch ; 2002 No. 39 s 49 ; 2003 No. 57 s 39 (1) – (2) sch 3 ; 2004 No. 37 s 86 sch 1 ; 2005 No. 70 s 115 ; 2009 No. 35 s 208 ; 2009 No. 34 s 45 (3) sch pt 3 amdt 38; 2014 No. 9 s 9 ; 2016 No. 16 s 9 ; 2016 No. 38 s 16 ; 2017 No. 8 s 101 sch 1 ; 2019 No. 23 s 4 ; 2019 No. 23 s 19 ; 2021 No. 9 s 29 ; 2023 No. 3 s 20 ; 2023 No. 1 s 96 ; 2023 No. 23 s 245 ; 2024 No. 5 s 100 ; 2024 No. 45 s 123 ; 2024 No. 54 ss 15 , 50\n(10) exp 13 December 2029 (see s 150(10))\n(sec.150-ssec.1) In sentencing a child for an offence, a court must not have regard to— any principle that a detention order should only be imposed as a last resort; or any principle that a sentence that allows the child to stay in the community is preferable.\n(sec.150-ssec.2) In sentencing a child for an offence, a court must have primary regard to any impact of the offence on a victim, including harm mentioned in information relating to the victim given to the court under the Penalties and Sentences Act 1992 , section 179K .\n(sec.150-ssec.3) In sentencing a child for an offence, a court must have regard to— subject to this Act, the general principles applying to the sentencing of all persons; and the youth justice principles; and the matter to which the court must have primary regard under subsection (2) ; and the special considerations stated in subsection (4) ; and the nature and seriousness of the offence; and the child’s criminal history; and the hardship that any sentence imposed would have on the child, having regard to the child’s characteristics, including disability, gender identity, parental status, race, religion, sex, sex characteristics and sexuality; and regardless of whether there are exceptional circumstances, the probable effect that any sentence imposed would have on— a person with whom the child is in a family relationship and for whom the child is the primary caregiver; and a person with whom the child is in an informal care relationship; and if the child is pregnant—the child of the pregnancy; and the presence of any aggravating or mitigating factor concerning the child; and without limiting paragraph (f) , whether the child committed the offence— while released into the custody of a parent, or at large with or without bail, for another offence; or after being committed for trial, or awaiting trial or sentencing, for another offence; and also without limiting paragraph (f) , the following matters— whether the child is a victim of, or has been exposed to, domestic violence; whether the commission of the offence is wholly or partly attributable to the effect of domestic violence, or exposure to domestic violence, on the child; the child’s history of being abused or victimised; and any information about the child, including a pre-sentence report and bail history, provided to assist the court in making a determination; and if the child is an Aboriginal or Torres Strait Islander person—any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child; and if the child is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the child’s community that are relevant to sentencing the child, including, for example— the child’s connection with the child’s community, family or kin; or any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child; or any considerations relating to programs and services established for offenders in which the community justice group participates; and a sentence imposed on the child that has not been completed; and a sentence that the child is liable to have imposed because of the revocation of any order under this Act for the breach of conditions by the child; and the fitting proportion between the sentence and the offence.\n(sec.150-ssec.4) Special considerations are that— a child’s age is a mitigating factor in determining whether or not to impose a penalty, and the nature of a penalty imposed; and the rehabilitation of a child found guilty of an offence is greatly assisted by— the child’s family; and opportunities to engage in educational programs and employment; and a child who has no apparent family support, or opportunities to engage in educational programs and employment, should not receive a more severe sentence because of the lack of support or opportunity.\n(sec.150-ssec.5) In determining the appropriate sentence for a child convicted of the manslaughter of a child under 12 years, a court must treat the victim’s defencelessness and vulnerability, having regard to the victim’s age, as an aggravating factor.\n(sec.150-ssec.6) In determining the appropriate sentence for a child who is a victim of, or has been exposed to, domestic violence, the court must treat as a mitigating factor— the effect of the domestic violence or exposure to domestic violence on the child; and if the commission of the offence is wholly or partly attributable to the effect of the domestic violence, or exposure to domestic violence, on the child—the extent to which the commission of the offence is attributable to the effect of the violence or exposure.\n(sec.150-ssec.7) In determining the appropriate sentence for a child convicted of a relevant serious offence committed in relation to a pregnant person that resulted in destroying the life of the person’s unborn child, the court must treat the destruction of the unborn child’s life as an aggravating factor, unless the court considers it is not reasonable because of the exceptional circumstances of the case.\n(sec.150-ssec.8) If required by the court for subsection (3) (i) , the representative must advise the court whether— any member of the community justice group that is responsible for the submission is related to the offender or the victim; or there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the child or victim.\n(sec.150-ssec.8A) Without limiting the matters a court may have regard to in sentencing a child for an offence, the court may have regard to any relevant matter on the child’s traffic history under the Transport Operations (Road Use Management) Act 1995 .\n(sec.150-ssec.9) In sentencing a child for an offence, a court may receive any information, or a sentencing submission made by a party to the proceedings, it considers appropriate to enable it to impose the proper sentence or make a proper order in connection with the sentence.\n(sec.150-ssec.10) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\n(sec.150-ssec.11) In this section— domestic violence see the Domestic and Family Violence Protection Act 2012 , section 8 . exposed , for a child in relation to domestic violence, see the Domestic and Family Violence Protection Act 2012 , section 10 . relevant serious offence means an offence against— the following provisions of the Criminal Code — sections 302 and 305 ; sections 303 and 310 ; section 320 ; section 323 ; section 328A ; section 339 ; and the Transport Operations (Road Use Management) Act 1995 , section 83 . sentencing submission , made by a party, means a submission stating the sentence, or range of sentences, the party considers appropriate for the court to impose.\n- (a) any principle that a detention order should only be imposed as a last resort; or\n- (b) any principle that a sentence that allows the child to stay in the community is preferable.\n- (a) subject to this Act, the general principles applying to the sentencing of all persons; and\n- (b) the youth justice principles; and\n- (ba) the matter to which the court must have primary regard under subsection (2) ; and\n- (c) the special considerations stated in subsection (4) ; and\n- (d) the nature and seriousness of the offence; and\n- (e) the child’s criminal history; and\n- (ea) the hardship that any sentence imposed would have on the child, having regard to the child’s characteristics, including disability, gender identity, parental status, race, religion, sex, sex characteristics and sexuality; and\n- (eb) regardless of whether there are exceptional circumstances, the probable effect that any sentence imposed would have on— (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; and (ii) a person with whom the child is in an informal care relationship; and (iii) if the child is pregnant—the child of the pregnancy; and\n- (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; and\n- (ii) a person with whom the child is in an informal care relationship; and\n- (iii) if the child is pregnant—the child of the pregnancy; and\n- (f) the presence of any aggravating or mitigating factor concerning the child; and\n- (g) without limiting paragraph (f) , whether the child committed the offence— (i) while released into the custody of a parent, or at large with or without bail, for another offence; or (ii) after being committed for trial, or awaiting trial or sentencing, for another offence; and\n- (i) while released into the custody of a parent, or at large with or without bail, for another offence; or\n- (ii) after being committed for trial, or awaiting trial or sentencing, for another offence; and\n- (ga) also without limiting paragraph (f) , the following matters— (i) whether the child is a victim of, or has been exposed to, domestic violence; (ii) whether the commission of the offence is wholly or partly attributable to the effect of domestic violence, or exposure to domestic violence, on the child; (iii) the child’s history of being abused or victimised; and\n- (i) whether the child is a victim of, or has been exposed to, domestic violence;\n- (ii) whether the commission of the offence is wholly or partly attributable to the effect of domestic violence, or exposure to domestic violence, on the child;\n- (iii) the child’s history of being abused or victimised; and\n- (h) any information about the child, including a pre-sentence report and bail history, provided to assist the court in making a determination; and\n- (ha) if the child is an Aboriginal or Torres Strait Islander person—any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child; and\n- (i) if the child is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the child’s community that are relevant to sentencing the child, including, for example— (i) the child’s connection with the child’s community, family or kin; or (ii) any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child; or (iii) any considerations relating to programs and services established for offenders in which the community justice group participates; and\n- (i) the child’s connection with the child’s community, family or kin; or\n- (ii) any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child; or\n- (iii) any considerations relating to programs and services established for offenders in which the community justice group participates; and\n- (k) a sentence imposed on the child that has not been completed; and\n- (l) a sentence that the child is liable to have imposed because of the revocation of any order under this Act for the breach of conditions by the child; and\n- (m) the fitting proportion between the sentence and the offence.\n- (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; and\n- (ii) a person with whom the child is in an informal care relationship; and\n- (iii) if the child is pregnant—the child of the pregnancy; and\n- (i) while released into the custody of a parent, or at large with or without bail, for another offence; or\n- (ii) after being committed for trial, or awaiting trial or sentencing, for another offence; and\n- (i) whether the child is a victim of, or has been exposed to, domestic violence;\n- (ii) whether the commission of the offence is wholly or partly attributable to the effect of domestic violence, or exposure to domestic violence, on the child;\n- (iii) the child’s history of being abused or victimised; and\n- (i) the child’s connection with the child’s community, family or kin; or\n- (ii) any cultural considerations, including the effect of systemic disadvantage and intergenerational trauma on the child; or\n- (iii) any considerations relating to programs and services established for offenders in which the community justice group participates; and\n- (a) a child’s age is a mitigating factor in determining whether or not to impose a penalty, and the nature of a penalty imposed; and\n- (c) the rehabilitation of a child found guilty of an offence is greatly assisted by— (i) the child’s family; and (ii) opportunities to engage in educational programs and employment; and\n- (i) the child’s family; and\n- (ii) opportunities to engage in educational programs and employment; and\n- (d) a child who has no apparent family support, or opportunities to engage in educational programs and employment, should not receive a more severe sentence because of the lack of support or opportunity.\n- (i) the child’s family; and\n- (ii) opportunities to engage in educational programs and employment; and\n- (a) the effect of the domestic violence or exposure to domestic violence on the child; and\n- (b) if the commission of the offence is wholly or partly attributable to the effect of the domestic violence, or exposure to domestic violence, on the child—the extent to which the commission of the offence is attributable to the effect of the violence or exposure.\n- (a) any member of the community justice group that is responsible for the submission is related to the offender or the victim; or\n- (b) there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the child or victim.\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .\n- (a) the following provisions of the Criminal Code — (i) sections 302 and 305 ; (ii) sections 303 and 310 ; (iii) section 320 ; (iv) section 323 ; (v) section 328A ; (vi) section 339 ; and\n- (i) sections 302 and 305 ;\n- (ii) sections 303 and 310 ;\n- (iii) section 320 ;\n- (iv) section 323 ;\n- (v) section 328A ;\n- (vi) section 339 ; and\n- (b) the Transport Operations (Road Use Management) Act 1995 , section 83 .\n- (i) sections 302 and 305 ;\n- (ii) sections 303 and 310 ;\n- (iii) section 320 ;\n- (iv) section 323 ;\n- (v) section 328A ;\n- (vi) section 339 ; and","sortOrder":238},{"sectionNumber":"sec.150A","sectionType":"section","heading":"Serious repeat offenders","content":"### sec.150A Serious repeat offenders\n\nThis section applies if a court is sentencing a child for a prescribed indictable offence.\nThe court may, on application by the prosecution, declare the child to be a serious repeat offender if—\nat least 1 detention order has previously been made against the child in relation to a prescribed indictable offence; and\nthe court has—\nordered the chief executive to prepare a pre-sentence report; and\nreceived and considered the report; and\nthe court has had regard to—\nthe child’s criminal history and bail history; and\nany efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and\nany other matter the court considers relevant; and\nthe court is satisfied that there is a high probability that the child would commit a further prescribed indictable offence.\nIf the court makes a declaration that the child is a serious repeat offender, the court in sentencing the child must have primary regard to—\nthe need to protect members of the community; and\nthe nature and extent of violence, if any, used in the commission of the offence; and\nthe extent of any disregard by the child in the commission of the offence for the interests of public safety; and\nthe impact of the offence on public safety; and\nthe child’s criminal history and bail history; and\nthe matter to which the court must have primary regard under section 150 (2) .\nIf the court makes a declaration that the child is a serious repeat offender, the court must state in its sentencing remarks for the child reasons for making the declaration.\nFor the purposes of the Criminal Code , chapter 67 , a declaration made under this section is taken to be a sentence imposed on conviction.\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nUnder the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\ns 150A ins 2023 No. 3 s 21\namd 2024 No. 54 ss 16 , 51\n(6) exp 22 March 2028 (see s 150A(6))\n(sec.150A-ssec.1) This section applies if a court is sentencing a child for a prescribed indictable offence.\n(sec.150A-ssec.2) The court may, on application by the prosecution, declare the child to be a serious repeat offender if— at least 1 detention order has previously been made against the child in relation to a prescribed indictable offence; and the court has— ordered the chief executive to prepare a pre-sentence report; and received and considered the report; and the court has had regard to— the child’s criminal history and bail history; and any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and any other matter the court considers relevant; and the court is satisfied that there is a high probability that the child would commit a further prescribed indictable offence.\n(sec.150A-ssec.3) If the court makes a declaration that the child is a serious repeat offender, the court in sentencing the child must have primary regard to— the need to protect members of the community; and the nature and extent of violence, if any, used in the commission of the offence; and the extent of any disregard by the child in the commission of the offence for the interests of public safety; and the impact of the offence on public safety; and the child’s criminal history and bail history; and the matter to which the court must have primary regard under section 150 (2) .\n(sec.150A-ssec.4) If the court makes a declaration that the child is a serious repeat offender, the court must state in its sentencing remarks for the child reasons for making the declaration.\n(sec.150A-ssec.5) For the purposes of the Criminal Code , chapter 67 , a declaration made under this section is taken to be a sentence imposed on conviction.\n(sec.150A-ssec.6) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\n- (a) at least 1 detention order has previously been made against the child in relation to a prescribed indictable offence; and\n- (b) the court has— (i) ordered the chief executive to prepare a pre-sentence report; and (ii) received and considered the report; and\n- (i) ordered the chief executive to prepare a pre-sentence report; and\n- (ii) received and considered the report; and\n- (c) the court has had regard to— (i) the child’s criminal history and bail history; and (ii) any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and (iii) any other matter the court considers relevant; and\n- (i) the child’s criminal history and bail history; and\n- (ii) any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and\n- (iii) any other matter the court considers relevant; and\n- (d) the court is satisfied that there is a high probability that the child would commit a further prescribed indictable offence.\n- (i) ordered the chief executive to prepare a pre-sentence report; and\n- (ii) received and considered the report; and\n- (i) the child’s criminal history and bail history; and\n- (ii) any efforts of rehabilitation by the child, including rehabilitation carried out under a court order; and\n- (iii) any other matter the court considers relevant; and\n- (a) the need to protect members of the community; and\n- (b) the nature and extent of violence, if any, used in the commission of the offence; and\n- (c) the extent of any disregard by the child in the commission of the offence for the interests of public safety; and\n- (d) the impact of the offence on public safety; and\n- (e) the child’s criminal history and bail history; and\n- (f) the matter to which the court must have primary regard under section 150 (2) .\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .","sortOrder":239},{"sectionNumber":"sec.150B","sectionType":"section","heading":"Court must rely on earlier serious repeat offender declaration","content":"### sec.150B Court must rely on earlier serious repeat offender declaration\n\nThis section applies if—\na court (the sentencing court ) is sentencing a child for a prescribed indictable offence; and\na court of like or higher jurisdiction (the original court ) has previously made a declaration under section 150A that the child is a serious repeat offender; and\nthe offence for which the child is being sentenced by the sentencing court was committed during the relevant period for the child.\nThe sentencing court, in sentencing the child, must have primary regard to the matters mentioned in section 150A (3) (a) to (f) .\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nUnder the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\nIn this section—\nrelevant period , for a child, means—\nif the child was ordered by the original court to be detained—the period starting on the day the declaration under section 150A was made by the original court and ending on the day that is 12 months after the day the child is released from detention; or\notherwise—the period starting on the day the declaration under section 150A was made by the original court and ending on the day that is 12 months later.\ns 150B ins 2023 No. 3 s 21\namd 2024 No. 54 s 17\n(3) exp 22 March 2028 (see s 150B(3))\n(sec.150B-ssec.1) This section applies if— a court (the sentencing court ) is sentencing a child for a prescribed indictable offence; and a court of like or higher jurisdiction (the original court ) has previously made a declaration under section 150A that the child is a serious repeat offender; and the offence for which the child is being sentenced by the sentencing court was committed during the relevant period for the child.\n(sec.150B-ssec.2) The sentencing court, in sentencing the child, must have primary regard to the matters mentioned in section 150A (3) (a) to (f) .\n(sec.150B-ssec.3) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\n(sec.150B-ssec.4) In this section— relevant period , for a child, means— if the child was ordered by the original court to be detained—the period starting on the day the declaration under section 150A was made by the original court and ending on the day that is 12 months after the day the child is released from detention; or otherwise—the period starting on the day the declaration under section 150A was made by the original court and ending on the day that is 12 months later.\n- (a) a court (the sentencing court ) is sentencing a child for a prescribed indictable offence; and\n- (b) a court of like or higher jurisdiction (the original court ) has previously made a declaration under section 150A that the child is a serious repeat offender; and\n- (c) the offence for which the child is being sentenced by the sentencing court was committed during the relevant period for the child.\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .\n- (a) if the child was ordered by the original court to be detained—the period starting on the day the declaration under section 150A was made by the original court and ending on the day that is 12 months after the day the child is released from detention; or\n- (b) otherwise—the period starting on the day the declaration under section 150A was made by the original court and ending on the day that is 12 months later.","sortOrder":240},{"sectionNumber":"sec.151","sectionType":"section","heading":"Pre-sentence report","content":"### sec.151 Pre-sentence report\n\nA court, before it sentences a child found guilty of an offence, may order the chief executive to give to the court a pre-sentence report concerning the child.\nBefore making the order, the court must consider whether a pre-sentence report is the most efficient and effective way to obtain information relevant to the sentencing of the child.\nHowever, subsection (2) does not apply if the court considers it may be required, under section 203 or 207 , to make the order.\nSubject to subsection (10) , the report must be made for the purpose of the sentencing of the child for the offence.\nThe court may request that the report contain specified information, assessments and reports relating to the child or the child’s family or other matters.\nAlso, the court may ask that the pre-sentence report be given to the court within a stated period that is reasonable, having regard to the likely complexity of the report.\nThe pre-sentence report may not contain the chief executive’s opinion on what impact an order under section 234 may have on the child.\nPending the giving of a pre-sentence report, the court may adjourn the proceeding and remand the child in custody or exercise the powers conferred by part 5 to grant bail to and release the child from custody.\nIn releasing the child from custody, the court may impose conditions that it considers necessary to facilitate the preparation of the pre-sentence report, other than a condition that the child must wear a monitoring device while on release.\nIf an order is made under subsection (1) , the chief executive must—\ngive the court a written pre-sentence report in relation to the child; or\ngive the court further written material to be considered with another pre-sentence report given to the court for another sentencing of the child.\nHowever, subsection (10) (b) applies only if the other sentencing of the child happens or happened not more than 6 months before the sentencing to which the order relates.\nThe pre-sentence report or further material must be given to the court—\nwithin the period stated by the court under subsection (6) ; or\nif no period has been stated by the court—as soon as practicable after the order is made.\nIf the chief executive gives the court further material under this section—\nthe chief executive is taken to have complied with the order; and\nthe further material together with the other pre-sentence report are taken to be a pre-sentence report for this part.\ns 151 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 37 ; 2002 No. 39 s 50 ; 2009 No. 34 s 19 ; 2012 No. 41 s 19 ; 2014 No. 9 s 9A ; 2016 No. 38 s 17 ; 2019 No. 23 s 20 ; 2021 No. 9 s 29A\n(sec.151-ssec.1) A court, before it sentences a child found guilty of an offence, may order the chief executive to give to the court a pre-sentence report concerning the child.\n(sec.151-ssec.2) Before making the order, the court must consider whether a pre-sentence report is the most efficient and effective way to obtain information relevant to the sentencing of the child.\n(sec.151-ssec.3) However, subsection (2) does not apply if the court considers it may be required, under section 203 or 207 , to make the order.\n(sec.151-ssec.4) Subject to subsection (10) , the report must be made for the purpose of the sentencing of the child for the offence.\n(sec.151-ssec.5) The court may request that the report contain specified information, assessments and reports relating to the child or the child’s family or other matters.\n(sec.151-ssec.6) Also, the court may ask that the pre-sentence report be given to the court within a stated period that is reasonable, having regard to the likely complexity of the report.\n(sec.151-ssec.7) The pre-sentence report may not contain the chief executive’s opinion on what impact an order under section 234 may have on the child.\n(sec.151-ssec.8) Pending the giving of a pre-sentence report, the court may adjourn the proceeding and remand the child in custody or exercise the powers conferred by part 5 to grant bail to and release the child from custody.\n(sec.151-ssec.9) In releasing the child from custody, the court may impose conditions that it considers necessary to facilitate the preparation of the pre-sentence report, other than a condition that the child must wear a monitoring device while on release.\n(sec.151-ssec.10) If an order is made under subsection (1) , the chief executive must— give the court a written pre-sentence report in relation to the child; or give the court further written material to be considered with another pre-sentence report given to the court for another sentencing of the child.\n(sec.151-ssec.11) However, subsection (10) (b) applies only if the other sentencing of the child happens or happened not more than 6 months before the sentencing to which the order relates.\n(sec.151-ssec.12) The pre-sentence report or further material must be given to the court— within the period stated by the court under subsection (6) ; or if no period has been stated by the court—as soon as practicable after the order is made.\n(sec.151-ssec.13) If the chief executive gives the court further material under this section— the chief executive is taken to have complied with the order; and the further material together with the other pre-sentence report are taken to be a pre-sentence report for this part.\n- (a) give the court a written pre-sentence report in relation to the child; or\n- (b) give the court further written material to be considered with another pre-sentence report given to the court for another sentencing of the child.\n- (a) within the period stated by the court under subsection (6) ; or\n- (b) if no period has been stated by the court—as soon as practicable after the order is made.\n- (a) the chief executive is taken to have complied with the order; and\n- (b) the further material together with the other pre-sentence report are taken to be a pre-sentence report for this part.","sortOrder":241},{"sectionNumber":"sec.151A","sectionType":"section","heading":"Permitted use and disclosure of information for pre-sentence report","content":"### sec.151A Permitted use and disclosure of information for pre-sentence report\n\nThe chief executive may make information about a child, obtained under this Act or another Act, available to a person in order to assist the chief executive comply with section 151 (1) .\ns 151A ins 2014 No. 39 s 71","sortOrder":242},{"sectionNumber":"sec.152","sectionType":"section","heading":"Pre-sentence report evidence","content":"### sec.152 Pre-sentence report evidence\n\nThe court may request the author of a pre-sentence report, or a person who gave a statement included in the report, to attend before the court in the way indicated by the court for the purpose of giving more information.\nThe court may ask, and allow parties to the proceeding to ask, questions of a person attending the court under subsection (1) .\nA court may give as much weight as it considers appropriate to a pre-sentence report or answers given in response to questions under subsection (2) .\n(sec.152-ssec.1) The court may request the author of a pre-sentence report, or a person who gave a statement included in the report, to attend before the court in the way indicated by the court for the purpose of giving more information.\n(sec.152-ssec.2) The court may ask, and allow parties to the proceeding to ask, questions of a person attending the court under subsection (1) .\n(sec.152-ssec.3) A court may give as much weight as it considers appropriate to a pre-sentence report or answers given in response to questions under subsection (2) .","sortOrder":243},{"sectionNumber":"sec.153","sectionType":"section","heading":"Disclosure of pre-sentence report","content":"### sec.153 Disclosure of pre-sentence report\n\nIf a pre-sentence report is given to a court under section 151 , the court must give a copy of the report as soon as practicable—\nto the prosecution; and\nif the child is represented by a lawyer—the lawyer.\nIf the child is not represented by a lawyer, the court may give the report to the child or a parent of the child present in the court.\nThe court may give directions it considers appropriate about a report given to anyone under subsection (1) or (2) , including, for example, a direction limiting disclosure and a direction requiring the report’s return.\ns 153 amd 1996 No. 22 s 38\namd 2004 No. 11 s 596 sch 1\n(sec.153-ssec.1) If a pre-sentence report is given to a court under section 151 , the court must give a copy of the report as soon as practicable— to the prosecution; and if the child is represented by a lawyer—the lawyer.\n(sec.153-ssec.2) If the child is not represented by a lawyer, the court may give the report to the child or a parent of the child present in the court.\n(sec.153-ssec.3) The court may give directions it considers appropriate about a report given to anyone under subsection (1) or (2) , including, for example, a direction limiting disclosure and a direction requiring the report’s return.\n- (a) to the prosecution; and\n- (b) if the child is represented by a lawyer—the lawyer.","sortOrder":244},{"sectionNumber":"sec.153A","sectionType":"section","heading":"Permitted use and disclosure of information in a pre-sentence report","content":"### sec.153A Permitted use and disclosure of information in a pre-sentence report\n\nThis section applies to information—\ngiven under section 152 ; or\nincluded in a pre-sentence report.\nSubject to a direction given under section 153 (3) , nothing in this Act or another Act limits or restricts the use or disclosure of the information in court.\nNothing in this section permits the publication of information that contravenes the Child Protection Act 1999 , section 189 .\ns 153A ins 2014 No. 39 s 72\n(sec.153A-ssec.1) This section applies to information— given under section 152 ; or included in a pre-sentence report.\n(sec.153A-ssec.2) Subject to a direction given under section 153 (3) , nothing in this Act or another Act limits or restricts the use or disclosure of the information in court.\n(sec.153A-ssec.3) Nothing in this section permits the publication of information that contravenes the Child Protection Act 1999 , section 189 .\n- (a) given under section 152 ; or\n- (b) included in a pre-sentence report.","sortOrder":245},{"sectionNumber":"sec.153B","sectionType":"section","heading":"Court may require copies of report to be given to department","content":"### sec.153B Court may require copies of report to be given to department\n\nA court that sentences a child for an offence may order that a copy of a medical or other report tendered during the sentencing proceeding must be given to the department.\nThe order may include—\nthe time within which the copy must be given to the department; and\nany other requirement to facilitate the giving of the copy to the department.\ns 153B ins 2020 No. 32 s 69\n(sec.153B-ssec.1) A court that sentences a child for an offence may order that a copy of a medical or other report tendered during the sentencing proceeding must be given to the department.\n(sec.153B-ssec.2) The order may include— the time within which the copy must be given to the department; and any other requirement to facilitate the giving of the copy to the department.\n- (a) the time within which the copy must be given to the department; and\n- (b) any other requirement to facilitate the giving of the copy to the department.","sortOrder":246},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 amd 1996 No. 22 s 39 ; 2016 No. 39 s 21\nom 2024 No. 54 s 52","sortOrder":247},{"sectionNumber":"sec.155","sectionType":"section","heading":"Mandatory sentence provisions inapplicable","content":"### sec.155 Mandatory sentence provisions inapplicable\n\nA court that sentences a child for an offence—\nmust disregard a requirement under any other Act that an amount of money or term of imprisonment must be the minimum penalty for the offence; and\nmust take a requirement under any other Act that an amount of money or term of imprisonment must be the only penalty for the offence as providing instead that the amount or term is the maximum penalty for the offence.\n- (a) must disregard a requirement under any other Act that an amount of money or term of imprisonment must be the minimum penalty for the offence; and\n- (b) must take a requirement under any other Act that an amount of money or term of imprisonment must be the only penalty for the offence as providing instead that the amount or term is the maximum penalty for the offence.","sortOrder":248},{"sectionNumber":"sec.156","sectionType":"section","heading":"Preference to be given to compensation and restitution","content":"### sec.156 Preference to be given to compensation and restitution\n\nIf a court sentencing a child for an offence considers—\nthat it is appropriate to make both of the orders that the child pay—\nan amount by way of compensation or restitution; and\nan amount by way of fine; and\nthat the child has insufficient resources to pay both amounts;\nthe court must give preference to ordering the child to pay only the compensation or restitution amount.\n- (a) that it is appropriate to make both of the orders that the child pay— (i) an amount by way of compensation or restitution; and (ii) an amount by way of fine; and\n- (i) an amount by way of compensation or restitution; and\n- (ii) an amount by way of fine; and\n- (b) that the child has insufficient resources to pay both amounts;\n- (i) an amount by way of compensation or restitution; and\n- (ii) an amount by way of fine; and","sortOrder":249},{"sectionNumber":"sec.157","sectionType":"section","heading":"Outstanding charge may be taken into account on sentence","content":"### sec.157 Outstanding charge may be taken into account on sentence\n\nA court sentencing a child for an offence may take into account an outstanding charge against the child in the same way an outstanding charge may be taken into account when an adult is sentenced.\nThe Penalties and Sentences Act 1992 , section 189 applies for the purpose of subsection (1) .\ns 157 prev s 157 om 2002 No. 39 s 78\npres s 157 amd 1992 No. 48 s 207 sch\n(sec.157-ssec.1) A court sentencing a child for an offence may take into account an outstanding charge against the child in the same way an outstanding charge may be taken into account when an adult is sentenced.\n(sec.157-ssec.2) The Penalties and Sentences Act 1992 , section 189 applies for the purpose of subsection (1) .","sortOrder":250},{"sectionNumber":"sec.158","sectionType":"section","heading":"Children entitled to explanation of sentence","content":"### sec.158 Children entitled to explanation of sentence\n\nWhen making an order sentencing a child for an offence a court must take steps to ensure that the child understands—\nthe purpose and effect of the order; and\nthe consequences (if any) that may follow if the child fails to comply with the order.\nExamples of the steps a court may take are—\ndirectly explaining these matters in court to the child; or\nhaving some appropriate person give the explanation; or\nhaving an interpreter or other person able to communicate effectively with the child give the explanation; or\ncausing an explanatory note in English or another language to be supplied to the child.\nSubsection (1) does not apply where the child’s presence is not required at sentence.\ns 158 prev s 158 amd 1996 No. 22 s 55\nom 2002 No. 39 s 78\npres s 158 amd 2002 No. 39 s 53\n(sec.158-ssec.1) When making an order sentencing a child for an offence a court must take steps to ensure that the child understands— the purpose and effect of the order; and the consequences (if any) that may follow if the child fails to comply with the order.\n(sec.158-ssec.2) Examples of the steps a court may take are— directly explaining these matters in court to the child; or having some appropriate person give the explanation; or having an interpreter or other person able to communicate effectively with the child give the explanation; or causing an explanatory note in English or another language to be supplied to the child.\n(sec.158-ssec.3) Subsection (1) does not apply where the child’s presence is not required at sentence.\n- (a) the purpose and effect of the order; and\n- (b) the consequences (if any) that may follow if the child fails to comply with the order.\n- (a) directly explaining these matters in court to the child; or\n- (b) having some appropriate person give the explanation; or\n- (c) having an interpreter or other person able to communicate effectively with the child give the explanation; or\n- (d) causing an explanatory note in English or another language to be supplied to the child.","sortOrder":251},{"sectionNumber":"sec.159","sectionType":"section","heading":"Audio visual link or audio link may be used to sentence","content":"### sec.159 Audio visual link or audio link may be used to sentence\n\nThe court may allow anything that must or may be done in relation to the sentencing of a child who is legally represented to be done over an audio visual link or audio link, if the prosecutor and the child agree to the use of the link.\nThe provisions of the Evidence Act 1977 relating to the use of an audio visual link or audio link in criminal proceedings apply for, and are not limited by, subsection (1) .\ns 159 prev s 159 om 2002 No. 39 s 78\npres s 159 ins 1999 No. 65 s 8\namd 2002 No. 39 s 54\n(sec.159-ssec.1) The court may allow anything that must or may be done in relation to the sentencing of a child who is legally represented to be done over an audio visual link or audio link, if the prosecutor and the child agree to the use of the link.\n(sec.159-ssec.2) The provisions of the Evidence Act 1977 relating to the use of an audio visual link or audio link in criminal proceedings apply for, and are not limited by, subsection (1) .","sortOrder":252},{"sectionNumber":"sec.160","sectionType":"section","heading":"Copy of court order or decision to be given to child, parent etc.","content":"### sec.160 Copy of court order or decision to be given to child, parent etc.\n\nThis section applies to the following (each of which is an order or decision to which this section applies )—\na sentence order;\nan order made under section 153B ;\na decision to dismiss a charge under section 21 (1) , with or without a further decision or direction under section 21 (3) for the administration of a caution by the court or someone else;\na decision to dismiss a charge under section 24A (1) for the referral of an offence to the chief executive for a restorative justice process;\nthe referral of an offence to the chief executive for a restorative justice process under section 163 (1) (d) (i) ;\nthe referral of a child to a drug assessment and education session under section 172 (3) .\nA court that makes an order or decision to which this section applies must cause—\nthe order or decision to be promptly reduced to writing by the proper officer of the court in the prescribed form or in the form of a verdict and judgment record under the Criminal Practice Rules 1999 ; and\na copy of the order or decision to be given by the proper officer of the court to—\nthe child; and\na parent of the child; and\nthe chief executive.\nIf a person mentioned in subsection (2) (b) is not present in the court, the subsection—\nis sufficiently complied with if the proper officer of the court serves a copy of the order or decision on the person; and\ndoes not apply if the proper officer of the court is unable to ascertain the whereabouts of the person after reasonable inquiries.\nFailure to comply with subsection (2) does not affect the validity of the order or decision.\ns 160 prev s 160 om 2002 No. 39 s 78\npres s 160 amd 1996 No. 22 s 42 ; 1998 No. 39 s 36 ; 2009 No. 34 s 20 ; 2010 No. 26 s 153 ; 2012 No. 41 s 20 ; 2016 No. 39 s 22 ; 2020 No. 32 s 70\n(sec.160-ssec.1) This section applies to the following (each of which is an order or decision to which this section applies )— a sentence order; an order made under section 153B ; a decision to dismiss a charge under section 21 (1) , with or without a further decision or direction under section 21 (3) for the administration of a caution by the court or someone else; a decision to dismiss a charge under section 24A (1) for the referral of an offence to the chief executive for a restorative justice process; the referral of an offence to the chief executive for a restorative justice process under section 163 (1) (d) (i) ; the referral of a child to a drug assessment and education session under section 172 (3) .\n(sec.160-ssec.2) A court that makes an order or decision to which this section applies must cause— the order or decision to be promptly reduced to writing by the proper officer of the court in the prescribed form or in the form of a verdict and judgment record under the Criminal Practice Rules 1999 ; and a copy of the order or decision to be given by the proper officer of the court to— the child; and a parent of the child; and the chief executive.\n(sec.160-ssec.3) If a person mentioned in subsection (2) (b) is not present in the court, the subsection— is sufficiently complied with if the proper officer of the court serves a copy of the order or decision on the person; and does not apply if the proper officer of the court is unable to ascertain the whereabouts of the person after reasonable inquiries.\n(sec.160-ssec.4) Failure to comply with subsection (2) does not affect the validity of the order or decision.\n- (a) a sentence order;\n- (ab) an order made under section 153B ;\n- (b) a decision to dismiss a charge under section 21 (1) , with or without a further decision or direction under section 21 (3) for the administration of a caution by the court or someone else;\n- (c) a decision to dismiss a charge under section 24A (1) for the referral of an offence to the chief executive for a restorative justice process;\n- (d) the referral of an offence to the chief executive for a restorative justice process under section 163 (1) (d) (i) ;\n- (e) the referral of a child to a drug assessment and education session under section 172 (3) .\n- (a) the order or decision to be promptly reduced to writing by the proper officer of the court in the prescribed form or in the form of a verdict and judgment record under the Criminal Practice Rules 1999 ; and\n- (b) a copy of the order or decision to be given by the proper officer of the court to— (i) the child; and (ii) a parent of the child; and (iii) the chief executive.\n- (i) the child; and\n- (ii) a parent of the child; and\n- (iii) the chief executive.\n- (i) the child; and\n- (ii) a parent of the child; and\n- (iii) the chief executive.\n- (a) is sufficiently complied with if the proper officer of the court serves a copy of the order or decision on the person; and\n- (b) does not apply if the proper officer of the court is unable to ascertain the whereabouts of the person after reasonable inquiries.","sortOrder":253},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Restorative justice process referrals before sentencing","content":"## Restorative justice process referrals before sentencing","sortOrder":254},{"sectionNumber":"sec.161","sectionType":"section","heading":"Definitions for division","content":"### sec.161 Definitions for division\n\nIn this division—\nchild , in relation to a referral, means the child to which the referral relates.\ncourt diversion referral see section 163 (1) (d) (i) .\noffence , in relation to a referral, means the offence to which the referral relates.\ns 161 orig s 161 om 2002 No. 39 s 78\nprev s 161 ins 1996 No. 22 s 43\nsub 2002 No. 39 s 57\nom 2012 No. 41 s 21\npres s 161 ins 2016 No. 39 s 23","sortOrder":255},{"sectionNumber":"sec.162","sectionType":"section","heading":"When court must consider making court diversion referral or presentence referral","content":"### sec.162 When court must consider making court diversion referral or presentence referral\n\nIf a child enters a plea of guilty for an offence in a proceeding before a court, the court must consider referring the offence to the chief executive for a restorative justice process instead of sentencing the child.\nIf a finding of guilt for an offence is made against a child before a court, the court must consider referring the offence to the chief executive for a restorative justice process to help the court make an appropriate sentence order.\ns 162 orig s 162 om 1996 No. 75 s 535 sch 2 (also see 1997 No. 9 s 4 sch 2 )\nprev s 162 ins 2002 No. 39 s 58\nom 2012 No. 41 s 21\npres s 162 ins 2016 No. 39 s 23\n(sec.162-ssec.1) If a child enters a plea of guilty for an offence in a proceeding before a court, the court must consider referring the offence to the chief executive for a restorative justice process instead of sentencing the child.\n(sec.162-ssec.2) If a finding of guilt for an offence is made against a child before a court, the court must consider referring the offence to the chief executive for a restorative justice process to help the court make an appropriate sentence order.","sortOrder":256},{"sectionNumber":"sec.163","sectionType":"section","heading":"Power of court to make restorative justice process referral","content":"### sec.163 Power of court to make restorative justice process referral\n\nThe court may, by notice given to the chief executive, refer an offence to the chief executive for a restorative justice process if—\nthe court considers the child is informed of, and understands, the process; and\nthe child indicates willingness to comply with the referral; and\nthe court is satisfied that the child is a suitable person to participate in a restorative justice process; and\nhaving regard to the deciding factors for referring the offence, the court considers the referral would—\nallow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or\nhelp the court make an appropriate community based order or detention order (a presentence referral ); and\nhaving regard to a submission by the chief executive about the appropriateness of the offence for a referral, the court considers the referral is appropriate in the circumstances.\nIn this section—\ndeciding factors , for referring an offence, means—\nthe nature of the offence; and\nthe harm suffered by anyone because of the offence; and\nwhether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.\ns 163 orig s 163 om 2002 No. 39 s 78\nprev s 163 ins 1996 No. 22 s 43\namd 2002 No. 39 s 59\nom 2012 No. 41 s 21\npres s 163 ins 2016 No. 39 s 23\n(sec.163-ssec.1) The court may, by notice given to the chief executive, refer an offence to the chief executive for a restorative justice process if— the court considers the child is informed of, and understands, the process; and the child indicates willingness to comply with the referral; and the court is satisfied that the child is a suitable person to participate in a restorative justice process; and having regard to the deciding factors for referring the offence, the court considers the referral would— allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or help the court make an appropriate community based order or detention order (a presentence referral ); and having regard to a submission by the chief executive about the appropriateness of the offence for a referral, the court considers the referral is appropriate in the circumstances.\n(sec.163-ssec.2) In this section— deciding factors , for referring an offence, means— the nature of the offence; and the harm suffered by anyone because of the offence; and whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.\n- (a) the court considers the child is informed of, and understands, the process; and\n- (b) the child indicates willingness to comply with the referral; and\n- (c) the court is satisfied that the child is a suitable person to participate in a restorative justice process; and\n- (d) having regard to the deciding factors for referring the offence, the court considers the referral would— (i) allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or (ii) help the court make an appropriate community based order or detention order (a presentence referral ); and\n- (i) allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or\n- (ii) help the court make an appropriate community based order or detention order (a presentence referral ); and\n- (e) having regard to a submission by the chief executive about the appropriateness of the offence for a referral, the court considers the referral is appropriate in the circumstances.\n- (i) allow the offence to be appropriately dealt with without making a sentence order (a court diversion referral ); or\n- (ii) help the court make an appropriate community based order or detention order (a presentence referral ); and\n- (a) the nature of the offence; and\n- (b) the harm suffered by anyone because of the offence; and\n- (c) whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.","sortOrder":257},{"sectionNumber":"sec.164","sectionType":"section","heading":"Court diversion referrals","content":"### sec.164 Court diversion referrals\n\nThis section applies if the court makes a court diversion referral.\nThe making of the referral brings the court proceeding for the offence to an end and the child is not liable to be further prosecuted for the offence unless—\nthe chief executive returns the referral under section 32 (1) ; or\nthe chief executive advises the court’s proper officer that the child failed to comply with a restorative justice agreement made as a consequence of the referral.\nIf subsection (2) (a) applies—\nthe court’s proper officer must bring the charge for the offence back on before the court for sentencing; and\nin sentencing the child, the court must not have regard to the referral being returned.\nIf subsection (2) (b) applies, the court’s proper officer must bring the charge for the offence back on before the court for sentencing and the court must either—\ntake no further action; or\nallow the child a further opportunity to comply with the agreement; or\nsentence the child for the offence.\nIf the charge for the offence is brought back on before the court for sentencing, the court’s proper officer must give the child and the chief executive notice that the proceeding for the offence is to be heard by the court on a stated day.\nThe notice must include a warning that, if the child fails to appear before the court in compliance with the notice, the court may issue a warrant for the child’s arrest.\nThe notice restarts the proceeding from when it ended and the child is liable to be sentenced for the offence.\nIf the child fails to appear before the court in compliance with the notice, the court may issue a warrant for the child’s arrest.\nIf subsection (4) (a) applies, the court proceeding for the offence is brought to an end and the child is not liable to be further prosecuted for the offence.\ns 164 prev s 164 ins 1996 No. 22 s 43\namd 2002 No. 39 s 60 ; 2009 No. 34 s 21\nom 2012 No. 41 s 21\npres s 164 ins 2016 No. 39 s 23\n(sec.164-ssec.1) This section applies if the court makes a court diversion referral.\n(sec.164-ssec.2) The making of the referral brings the court proceeding for the offence to an end and the child is not liable to be further prosecuted for the offence unless— the chief executive returns the referral under section 32 (1) ; or the chief executive advises the court’s proper officer that the child failed to comply with a restorative justice agreement made as a consequence of the referral.\n(sec.164-ssec.3) If subsection (2) (a) applies— the court’s proper officer must bring the charge for the offence back on before the court for sentencing; and in sentencing the child, the court must not have regard to the referral being returned.\n(sec.164-ssec.4) If subsection (2) (b) applies, the court’s proper officer must bring the charge for the offence back on before the court for sentencing and the court must either— take no further action; or allow the child a further opportunity to comply with the agreement; or sentence the child for the offence.\n(sec.164-ssec.5) If the charge for the offence is brought back on before the court for sentencing, the court’s proper officer must give the child and the chief executive notice that the proceeding for the offence is to be heard by the court on a stated day.\n(sec.164-ssec.6) The notice must include a warning that, if the child fails to appear before the court in compliance with the notice, the court may issue a warrant for the child’s arrest.\n(sec.164-ssec.7) The notice restarts the proceeding from when it ended and the child is liable to be sentenced for the offence.\n(sec.164-ssec.8) If the child fails to appear before the court in compliance with the notice, the court may issue a warrant for the child’s arrest.\n(sec.164-ssec.9) If subsection (4) (a) applies, the court proceeding for the offence is brought to an end and the child is not liable to be further prosecuted for the offence.\n- (a) the chief executive returns the referral under section 32 (1) ; or\n- (b) the chief executive advises the court’s proper officer that the child failed to comply with a restorative justice agreement made as a consequence of the referral.\n- (a) the court’s proper officer must bring the charge for the offence back on before the court for sentencing; and\n- (b) in sentencing the child, the court must not have regard to the referral being returned.\n- (a) take no further action; or\n- (b) allow the child a further opportunity to comply with the agreement; or\n- (c) sentence the child for the offence.","sortOrder":258},{"sectionNumber":"sec.165","sectionType":"section","heading":"Presentence referrals","content":"### sec.165 Presentence referrals\n\nThis section applies if the court makes a presentence referral.\nOn making the referral, the court may—\ngive the directions it considers appropriate to the child or the chief executive; and\nadjourn the proceeding for the offence.\nIf the chief executive returns the referral under section 32 (1) , the court must proceed with sentencing the child for the offence.\nIf a restorative justice agreement is made as a consequence of the referral, the chief executive must—\ngive the court a copy of the agreement; and\ninform the court of any obligations of the child under the agreement that have already been performed.\nIf a restorative justice agreement is given to the court under subsection (4) , the court must give a copy of the agreement as soon as practicable to—\nthe prosecution; and\nif the child is represented by a lawyer—the lawyer.\nIn sentencing the child for the offence, the court must have regard to—\nthe child’s participation in the relevant restorative justice process; and\nthe child’s obligations under the restorative justice agreement; and\nanything done by the child under the restorative justice agreement; and\nany information provided by the chief executive about sentencing the child.\ns 165 prev s 165 ins 1996 No. 22 s 43\namd 2002 No. 39 s 62 ; 2009 No. 34 s 22\nom 2012 No. 41 s 21\npres s 165 ins 2016 No. 39 s 23\n(sec.165-ssec.1) This section applies if the court makes a presentence referral.\n(sec.165-ssec.2) On making the referral, the court may— give the directions it considers appropriate to the child or the chief executive; and adjourn the proceeding for the offence.\n(sec.165-ssec.3) If the chief executive returns the referral under section 32 (1) , the court must proceed with sentencing the child for the offence.\n(sec.165-ssec.4) If a restorative justice agreement is made as a consequence of the referral, the chief executive must— give the court a copy of the agreement; and inform the court of any obligations of the child under the agreement that have already been performed.\n(sec.165-ssec.5) If a restorative justice agreement is given to the court under subsection (4) , the court must give a copy of the agreement as soon as practicable to— the prosecution; and if the child is represented by a lawyer—the lawyer.\n(sec.165-ssec.6) In sentencing the child for the offence, the court must have regard to— the child’s participation in the relevant restorative justice process; and the child’s obligations under the restorative justice agreement; and anything done by the child under the restorative justice agreement; and any information provided by the chief executive about sentencing the child.\n- (a) give the directions it considers appropriate to the child or the chief executive; and\n- (b) adjourn the proceeding for the offence.\n- (a) give the court a copy of the agreement; and\n- (b) inform the court of any obligations of the child under the agreement that have already been performed.\n- (a) the prosecution; and\n- (b) if the child is represented by a lawyer—the lawyer.\n- (a) the child’s participation in the relevant restorative justice process; and\n- (b) the child’s obligations under the restorative justice agreement; and\n- (c) anything done by the child under the restorative justice agreement; and\n- (d) any information provided by the chief executive about sentencing the child.","sortOrder":259},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\ns 166 ins 2002 No. 39 s 63\namd 2009 No. 34 s 23\nom 2012 No. 41 s 21","sortOrder":260},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Court referred drug assessment and education sessions before sentencing","content":"## Court referred drug assessment and education sessions before sentencing","sortOrder":261},{"sectionNumber":"sec.167","sectionType":"section","heading":"Definitions for div 3","content":"### sec.167 Definitions for div 3\n\nIn this division—\napproved provider see section 171 .\nattend , for a drug assessment and education session, means attend all of the session.\ndisqualifying offence see section 170 .\ndrug assessment and education session , for a child, means a single one-on-one session provided by an approved provider involving assessment of the child’s drug use, drug education and identification of any appropriate treatment options for the child.\ndrug diversion court means a court prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15B to be a drug diversion court.\neligible child see section 168 .\neligible drug offence see section 169 .\ns 167 ins 2002 No. 59 s 4","sortOrder":262},{"sectionNumber":"sec.168","sectionType":"section","heading":"Meaning of eligible child","content":"### sec.168 Meaning of eligible child\n\nAn eligible child is a child charged with an eligible drug offence who has pleaded guilty to the offence.\nThe child is not an eligible child if—\na charge against the child for a disqualifying offence is pending in a court; or\nthe child has, at any time, been convicted of a disqualifying offence; or\n2 diversion alternatives have previously been given to the child.\nFor subsection (2) (b) , a conviction of a disqualifying offence does not include a conviction in relation to which the rehabilitation period has expired, and not been revived, under the Criminal Law (Rehabilitation of Offenders) Act 1986 .\nFor subsection (2) (c) —\na diversion alternative has been given to the child if—\na court has referred the child to a drug assessment and education session under section 172 ; or\nthe child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or\nthe child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and\nfor counting the number of diversion alternatives given to the child, a diversion alternative—\nis counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and\nis not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.\nIn this section—\nconviction see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .\nprescribed diversion alternative means circumstances prescribed under a regulation for this definition that are similar to the circumstances mentioned in subsection (4) (a) (i) or (ii) .\nrehabilitation period see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .\nrevived see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .\ns 168 ins 2002 No. 59 s 4\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2023 No. 11 s 33\n(sec.168-ssec.1) An eligible child is a child charged with an eligible drug offence who has pleaded guilty to the offence.\n(sec.168-ssec.2) The child is not an eligible child if— a charge against the child for a disqualifying offence is pending in a court; or the child has, at any time, been convicted of a disqualifying offence; or 2 diversion alternatives have previously been given to the child.\n(sec.168-ssec.3) For subsection (2) (b) , a conviction of a disqualifying offence does not include a conviction in relation to which the rehabilitation period has expired, and not been revived, under the Criminal Law (Rehabilitation of Offenders) Act 1986 .\n(sec.168-ssec.4) For subsection (2) (c) — a diversion alternative has been given to the child if— a court has referred the child to a drug assessment and education session under section 172 ; or the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and for counting the number of diversion alternatives given to the child, a diversion alternative— is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.\n(sec.168-ssec.5) In this section— conviction see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 . prescribed diversion alternative means circumstances prescribed under a regulation for this definition that are similar to the circumstances mentioned in subsection (4) (a) (i) or (ii) . rehabilitation period see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 . revived see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .\n- (a) a charge against the child for a disqualifying offence is pending in a court; or\n- (b) the child has, at any time, been convicted of a disqualifying offence; or\n- (c) 2 diversion alternatives have previously been given to the child.\n- (a) a diversion alternative has been given to the child if— (i) a court has referred the child to a drug assessment and education session under section 172 ; or (ii) the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or (iii) the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and\n- (i) a court has referred the child to a drug assessment and education session under section 172 ; or\n- (ii) the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or\n- (iii) the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and\n- (b) for counting the number of diversion alternatives given to the child, a diversion alternative— (i) is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and (ii) is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.\n- (i) is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and\n- (ii) is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.\n- (i) a court has referred the child to a drug assessment and education session under section 172 ; or\n- (ii) the child has, at any time, agreed to an offer under the Police Powers and Responsibilities Act 2000 , section 379AA to attend a drug diversion assessment program; or\n- (iii) the child has been given a prescribed diversion alternative under a law of another State or the Commonwealth; and\n- (i) is counted even if it was given for an offence committed before the diversion alternative counted as the first diversion alternative was given; and\n- (ii) is not counted if it was given on the same day as the diversion alternative counted as the first diversion alternative was given.","sortOrder":263},{"sectionNumber":"sec.169","sectionType":"section","heading":"Meaning of eligible drug offence","content":"### sec.169 Meaning of eligible drug offence\n\nAn eligible drug offence is—\nan offence by a child against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if—\neach dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and\nfor each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and\nAssume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had—\n0.2g of a preparation containing X and Y; and\n0.7g of a preparation containing X; and\n0.1g of an admixture containing Y.\nThe total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g).\nThe total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g).\nSubsection (1) (a) (ii) is not satisfied.\nthe court considers each dangerous drug mentioned in the charge was for the child’s personal use; or\nan offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) .\nIn this section—\ndangerous drug see the Drugs Misuse Act 1986 , section 4 .\nprescribed dangerous drug means a dangerous drug prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15D .\nprescribed quantity means a quantity prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15D .\ns 169 ins 2002 No. 59 s 4\namd 2007 No. 37 s 103\n(sec.169-ssec.1) An eligible drug offence is— an offence by a child against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if— each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— 0.2g of a preparation containing X and Y; and 0.7g of a preparation containing X; and 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or an offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) .\n(sec.169-ssec.2) In this section— dangerous drug see the Drugs Misuse Act 1986 , section 4 . prescribed dangerous drug means a dangerous drug prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15D . prescribed quantity means a quantity prescribed under a regulation for the Penalties and Sentences Act 1992 , section 15D .\n- (a) an offence by a child against the Drugs Misuse Act 1986 , section 9 of unlawfully having possession of a dangerous drug if— (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied. (iii) the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or\n- (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and\n- (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied.\n- • 0.2g of a preparation containing X and Y; and\n- • 0.7g of a preparation containing X; and\n- • 0.1g of an admixture containing Y.\n- (iii) the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or\n- (b) an offence against the Drugs Misuse Act 1986 , section 10 (2) , (4) or (4A) .\n- (i) each dangerous drug mentioned in the charge for the offence is a prescribed dangerous drug; and\n- (ii) for each dangerous drug mentioned in the charge, the total quantity of the substances, preparations, solutions and admixtures in the child’s possession containing the dangerous drug is not more than the prescribed quantity in relation to the dangerous drug; and Example— Assume the charge mentioned prescribed drugs X and Y. The prescribed quantity in relation to X is 1.0g and the prescribed quantity in relation to Y is 0.2g. The child had— • 0.2g of a preparation containing X and Y; and • 0.7g of a preparation containing X; and • 0.1g of an admixture containing Y. The total quantity of the preparations in the child’s possession containing X is 0.9g (0.2 + 0.7) which is not more than the prescribed quantity in relation to X (1.0g). The total quantity of the preparation and admixture in the child’s possession containing Y is 0.3g (0.2 + 0.1) which is more than the prescribed quantity in relation to Y (0.2g). Subsection (1) (a) (ii) is not satisfied.\n- • 0.2g of a preparation containing X and Y; and\n- • 0.7g of a preparation containing X; and\n- • 0.1g of an admixture containing Y.\n- (iii) the court considers each dangerous drug mentioned in the charge was for the child’s personal use; or\n- • 0.2g of a preparation containing X and Y; and\n- • 0.7g of a preparation containing X; and\n- • 0.1g of an admixture containing Y.","sortOrder":264},{"sectionNumber":"sec.170","sectionType":"section","heading":"Meaning of disqualifying offence","content":"### sec.170 Meaning of disqualifying offence\n\nA disqualifying offence is—\nan offence of a sexual nature; or\nan offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9 , other than an offence dealt with, or to be dealt with, summarily; or\nan indictable offence involving violence against another person, other than an offence charged under any of the following provisions of the Criminal Code —\nsection 335\nsection 340 (1) (a) , but only if the offence is the assault of another with intent to resist or prevent the lawful arrest or detention of the child or of any other person\nsection 340 (1) (b) .\nA reference to a provision in subsection (1) or (4) includes a reference to a law of another State or the Commonwealth that corresponds to the provision.\nA reference in subsection (1) (c) to an indictable offence includes a reference to an indictable offence dealt with summarily.\nIn this section—\noffence of a sexual nature means an offence defined in the Criminal Code , section 210 , 213 , 215 , 216 , 217 , 218 , 219 , 221 , 222 , 227 , 228 , 229B , 323A , 323B , 363A or chapter 32 .\ns 170 ins 2002 No. 59 s 4\namd 2008 No. 55 s 150 sch ; 2016 No. 50 s 40 sch 1\n(sec.170-ssec.1) A disqualifying offence is— an offence of a sexual nature; or an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9 , other than an offence dealt with, or to be dealt with, summarily; or an indictable offence involving violence against another person, other than an offence charged under any of the following provisions of the Criminal Code — section 335 section 340 (1) (a) , but only if the offence is the assault of another with intent to resist or prevent the lawful arrest or detention of the child or of any other person section 340 (1) (b) .\n(sec.170-ssec.2) A reference to a provision in subsection (1) or (4) includes a reference to a law of another State or the Commonwealth that corresponds to the provision.\n(sec.170-ssec.3) A reference in subsection (1) (c) to an indictable offence includes a reference to an indictable offence dealt with summarily.\n(sec.170-ssec.4) In this section— offence of a sexual nature means an offence defined in the Criminal Code , section 210 , 213 , 215 , 216 , 217 , 218 , 219 , 221 , 222 , 227 , 228 , 229B , 323A , 323B , 363A or chapter 32 .\n- (a) an offence of a sexual nature; or\n- (b) an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9 , other than an offence dealt with, or to be dealt with, summarily; or\n- (c) an indictable offence involving violence against another person, other than an offence charged under any of the following provisions of the Criminal Code — • section 335 • section 340 (1) (a) , but only if the offence is the assault of another with intent to resist or prevent the lawful arrest or detention of the child or of any other person • section 340 (1) (b) .\n- • section 335\n- • section 340 (1) (a) , but only if the offence is the assault of another with intent to resist or prevent the lawful arrest or detention of the child or of any other person\n- • section 340 (1) (b) .\n- • section 335\n- • section 340 (1) (a) , but only if the offence is the assault of another with intent to resist or prevent the lawful arrest or detention of the child or of any other person\n- • section 340 (1) (b) .","sortOrder":265},{"sectionNumber":"sec.171","sectionType":"section","heading":"Meaning of approved provider","content":"### sec.171 Meaning of approved provider\n\nAn approved provider is an entity approved by the chief executive (health) by gazette notice to provide drug assessment and education sessions.\nIn this section—\nchief executive (health) means the chief executive of the department in which the Medicines and Poisons Act 2019 is administered.\ns 171 ins 2002 No. 59 s 4\namd 2019 No. 26 s 290 sch 2\n(sec.171-ssec.1) An approved provider is an entity approved by the chief executive (health) by gazette notice to provide drug assessment and education sessions.\n(sec.171-ssec.2) In this section— chief executive (health) means the chief executive of the department in which the Medicines and Poisons Act 2019 is administered.","sortOrder":266},{"sectionNumber":"sec.172","sectionType":"section","heading":"Reference to drug assessment and education session by court","content":"### sec.172 Reference to drug assessment and education session by court\n\nThis section applies if a finding of guilt for an eligible drug offence is made against an eligible child before a drug diversion court.\nThe court may refer the child to a drug assessment and education session if the child consents to attend the session.\nOn making the referral, the court must—\ndirect the child attend a drug assessment and education session by a stated date; and\nadjourn the proceeding for the offence.\ns 172 ins 2002 No. 59 s 4\n(sec.172-ssec.1) This section applies if a finding of guilt for an eligible drug offence is made against an eligible child before a drug diversion court.\n(sec.172-ssec.2) The court may refer the child to a drug assessment and education session if the child consents to attend the session.\n(sec.172-ssec.3) On making the referral, the court must— direct the child attend a drug assessment and education session by a stated date; and adjourn the proceeding for the offence.\n- (a) direct the child attend a drug assessment and education session by a stated date; and\n- (b) adjourn the proceeding for the offence.","sortOrder":267},{"sectionNumber":"sec.173","sectionType":"section","heading":"If child attends drug assessment and education session","content":"### sec.173 If child attends drug assessment and education session\n\nThis section applies if—\na court refers a child to a drug assessment and education session and directs the child attend the session by a stated date; and\nthe child attends the session by the stated date.\nThe approved provider for the drug assessment and education session must give notice to the court’s proper officer that the child attended the session by the stated date.\nA notice under subsection (2) —\nbrings the court proceeding for the offence to an end; and\nthe child is then not liable to be further prosecuted for the offence.\nOn the day the notice is received by the court, the child is taken to have been found guilty by the court of the offence without a conviction being recorded.\ns 173 ins 2002 No. 59 s 4\n(sec.173-ssec.1) This section applies if— a court refers a child to a drug assessment and education session and directs the child attend the session by a stated date; and the child attends the session by the stated date.\n(sec.173-ssec.2) The approved provider for the drug assessment and education session must give notice to the court’s proper officer that the child attended the session by the stated date.\n(sec.173-ssec.3) A notice under subsection (2) — brings the court proceeding for the offence to an end; and the child is then not liable to be further prosecuted for the offence.\n(sec.173-ssec.4) On the day the notice is received by the court, the child is taken to have been found guilty by the court of the offence without a conviction being recorded.\n- (a) a court refers a child to a drug assessment and education session and directs the child attend the session by a stated date; and\n- (b) the child attends the session by the stated date.\n- (a) brings the court proceeding for the offence to an end; and\n- (b) the child is then not liable to be further prosecuted for the offence.","sortOrder":268},{"sectionNumber":"sec.174","sectionType":"section","heading":"If child fails to attend drug assessment and education session","content":"### sec.174 If child fails to attend drug assessment and education session\n\nThis section applies if—\na court refers a child to a drug assessment and education session and directs the child attend the session by a stated date; and\nthe child fails to attend the session by the stated date.\nThe approved provider for the drug assessment and education session must give notice to the court’s proper officer that the child failed to attend the session by the stated date.\nThe court’s proper officer may—\ntake no action; or\nbring the charge for the offence back on before the court for sentencing.\nFor subsection (3) (b) , the proper officer must give notice to the child and the chief executive that the proceeding for the offence is to be heard by the court on a stated day.\nThe notice must include a warning that, if the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child’s arrest.\nIf requested by the proper officer, the commissioner of the police service must help the proper officer give the notice.\nIf the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child’s arrest.\nFor part 5 , if the court issues a warrant and the child is arrested under the warrant, the child must be treated as if arrested on a charge of an offence.\ns 174 ins 2002 No. 59 s 4\namd 2009 No. 34 s 24\n(sec.174-ssec.1) This section applies if— a court refers a child to a drug assessment and education session and directs the child attend the session by a stated date; and the child fails to attend the session by the stated date.\n(sec.174-ssec.2) The approved provider for the drug assessment and education session must give notice to the court’s proper officer that the child failed to attend the session by the stated date.\n(sec.174-ssec.3) The court’s proper officer may— take no action; or bring the charge for the offence back on before the court for sentencing.\n(sec.174-ssec.4) For subsection (3) (b) , the proper officer must give notice to the child and the chief executive that the proceeding for the offence is to be heard by the court on a stated day.\n(sec.174-ssec.5) The notice must include a warning that, if the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child’s arrest.\n(sec.174-ssec.6) If requested by the proper officer, the commissioner of the police service must help the proper officer give the notice.\n(sec.174-ssec.7) If the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child’s arrest.\n(sec.174-ssec.8) For part 5 , if the court issues a warrant and the child is arrested under the warrant, the child must be treated as if arrested on a charge of an offence.\n- (a) a court refers a child to a drug assessment and education session and directs the child attend the session by a stated date; and\n- (b) the child fails to attend the session by the stated date.\n- (a) take no action; or\n- (b) bring the charge for the offence back on before the court for sentencing.","sortOrder":269},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Orders on children found guilty of offences","content":"## Orders on children found guilty of offences","sortOrder":270},{"sectionNumber":"sec.175","sectionType":"section","heading":"Sentence orders—general","content":"### sec.175 Sentence orders—general\n\nWhen a child is found guilty of an offence before a court, the court may—\nreprimand the child; or\norder the child to be of good behaviour for a period not longer than 1 year; or\norder the child to pay a fine of an amount prescribed under an Act in relation to the offence; or\nsubject to subsection (2) , order the child to be placed on probation for a period not longer than—\nif the court is not constituted by a judge and section 175A does not apply—1 year; or\nif the court is constituted by a judge and neither section 175A nor 176 applies—2 years; or\nif a restorative justice agreement is made as a consequence of a presentence referral relating to the child—order the child to perform his or her obligations under the agreement; or\norder that the child participate in a restorative justice process as directed by the chief executive; or\nsubject to subsection (2) , if the child has attained the age of 13 years at the time of sentence—order the child to perform unpaid community service for a period not longer than—\nif the child has not attained the age of 15 years at the time of sentence—100 hours; or\nif the child has attained the age of 15 years at the time of sentence—200 hours; or\nif the child has not attained the age of 13 years at the time of sentence, make an intensive supervision order for the child for a period of not more than 6 months; or\norder that the child be detained for a period not more than—\nif the court is not constituted by a judge and section 175A does not apply—1 year; or\nif the court is constituted by a judge and neither section 175A nor 176 applies—the shorter period of the following—\nhalf the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve;\n5 years.\nAn order of the following type may only be made against a child found guilty of an offence of a type that, if committed by an adult, would make the adult liable to imprisonment—\na probation order under subsection (1) (d) ;\na community service order;\nan intensive supervision order.\nFor subsection (1) (db) , the offence the child is found guilty of is taken to be referred by the court to the chief executive for a restorative justice process.\nA court may make an order for a child’s detention under subsection (1) (g) with or without a conditional release order under section 220 .\nThis section has effect subject to the Childrens Court Act 1992 .\ns 175 amd 1996 No. 22 s 44 ; 2002 No. 39 s 64 ; 2012 No. 41 s 22 ; 2016 No. 38 s 18 ; 2016 No. 39 s 24 ; 2024 No. 54 s 18\n(sec.175-ssec.1) When a child is found guilty of an offence before a court, the court may— reprimand the child; or order the child to be of good behaviour for a period not longer than 1 year; or order the child to pay a fine of an amount prescribed under an Act in relation to the offence; or subject to subsection (2) , order the child to be placed on probation for a period not longer than— if the court is not constituted by a judge and section 175A does not apply—1 year; or if the court is constituted by a judge and neither section 175A nor 176 applies—2 years; or if a restorative justice agreement is made as a consequence of a presentence referral relating to the child—order the child to perform his or her obligations under the agreement; or order that the child participate in a restorative justice process as directed by the chief executive; or subject to subsection (2) , if the child has attained the age of 13 years at the time of sentence—order the child to perform unpaid community service for a period not longer than— if the child has not attained the age of 15 years at the time of sentence—100 hours; or if the child has attained the age of 15 years at the time of sentence—200 hours; or if the child has not attained the age of 13 years at the time of sentence, make an intensive supervision order for the child for a period of not more than 6 months; or order that the child be detained for a period not more than— if the court is not constituted by a judge and section 175A does not apply—1 year; or if the court is constituted by a judge and neither section 175A nor 176 applies—the shorter period of the following— half the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve; 5 years.\n(sec.175-ssec.2) An order of the following type may only be made against a child found guilty of an offence of a type that, if committed by an adult, would make the adult liable to imprisonment— a probation order under subsection (1) (d) ; a community service order; an intensive supervision order.\n(sec.175-ssec.2A) For subsection (1) (db) , the offence the child is found guilty of is taken to be referred by the court to the chief executive for a restorative justice process.\n(sec.175-ssec.3) A court may make an order for a child’s detention under subsection (1) (g) with or without a conditional release order under section 220 .\n(sec.175-ssec.4) This section has effect subject to the Childrens Court Act 1992 .\n- (a) reprimand the child; or\n- (b) order the child to be of good behaviour for a period not longer than 1 year; or\n- (c) order the child to pay a fine of an amount prescribed under an Act in relation to the offence; or\n- (d) subject to subsection (2) , order the child to be placed on probation for a period not longer than— (i) if the court is not constituted by a judge and section 175A does not apply—1 year; or (ii) if the court is constituted by a judge and neither section 175A nor 176 applies—2 years; or\n- (i) if the court is not constituted by a judge and section 175A does not apply—1 year; or\n- (ii) if the court is constituted by a judge and neither section 175A nor 176 applies—2 years; or\n- (da) if a restorative justice agreement is made as a consequence of a presentence referral relating to the child—order the child to perform his or her obligations under the agreement; or\n- (db) order that the child participate in a restorative justice process as directed by the chief executive; or\n- (e) subject to subsection (2) , if the child has attained the age of 13 years at the time of sentence—order the child to perform unpaid community service for a period not longer than— (i) if the child has not attained the age of 15 years at the time of sentence—100 hours; or (ii) if the child has attained the age of 15 years at the time of sentence—200 hours; or\n- (i) if the child has not attained the age of 15 years at the time of sentence—100 hours; or\n- (ii) if the child has attained the age of 15 years at the time of sentence—200 hours; or\n- (f) if the child has not attained the age of 13 years at the time of sentence, make an intensive supervision order for the child for a period of not more than 6 months; or\n- (g) order that the child be detained for a period not more than— (i) if the court is not constituted by a judge and section 175A does not apply—1 year; or (ii) if the court is constituted by a judge and neither section 175A nor 176 applies—the shorter period of the following— (A) half the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve; (B) 5 years.\n- (i) if the court is not constituted by a judge and section 175A does not apply—1 year; or\n- (ii) if the court is constituted by a judge and neither section 175A nor 176 applies—the shorter period of the following— (A) half the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve; (B) 5 years.\n- (A) half the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve;\n- (B) 5 years.\n- (i) if the court is not constituted by a judge and section 175A does not apply—1 year; or\n- (ii) if the court is constituted by a judge and neither section 175A nor 176 applies—2 years; or\n- (i) if the child has not attained the age of 15 years at the time of sentence—100 hours; or\n- (ii) if the child has attained the age of 15 years at the time of sentence—200 hours; or\n- (i) if the court is not constituted by a judge and section 175A does not apply—1 year; or\n- (ii) if the court is constituted by a judge and neither section 175A nor 176 applies—the shorter period of the following— (A) half the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve; (B) 5 years.\n- (A) half the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve;\n- (B) 5 years.\n- (A) half the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve;\n- (B) 5 years.\n- (a) a probation order under subsection (1) (d) ;\n- (b) a community service order;\n- (c) an intensive supervision order.","sortOrder":271},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Sentence orders—significant offences to which adult penalties apply","content":"### sec.175A Sentence orders—significant offences to which adult penalties apply\n\nThis section applies if a court is sentencing a child for an offence against any of the following provisions of the Criminal Code —\nsection 69 ;\nsection 75 ;\nsections 302 and 305 ;\nsections 303 and 310 ;\nsection 306 ;\nsection 307 ;\nsection 313 (2) ;\nsection 314A ;\nsection 317 ;\nsection 320 ;\nsection 320A ;\nsection 323 ;\nsection 328A ;\nsection 328C ;\nsection 328D ;\nsection 340 ;\nsection 349 ;\nsection 350 ;\nsection 351 ;\nsection 352 , if the circumstance stated in section 352 (2) or (3) applies;\nsection 354 ;\nsection 354A ;\nsection 355 ;\nsection 398 , if item 12 or 15 applies;\nsection 408A ;\nsections 409 and 411 ;\nsection 412 , if the circumstance stated in section 412 (2) or (3) applies;\nsection 419 ;\nsection 421 ;\nsection 427 ;\nsection 461 ;\nsection 462 .\nAlso, this section applies if a court is sentencing a child for an offence against the Drugs Misuse Act 1986 , section 5 .\nAlso, this section applies if a court is sentencing a child for an offence against any of the following provisions of the Weapons Act 1990 —\nsection 56A ;\nsection 67A .\nThe court may—\norder that the child be placed on probation for a period not longer than 3 years; or\norder that the child be detained for a period not more than—\nif the court is not constituted by a judge—3 years; or\nif the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve.\nSection 155 does not apply to the court.\nA requirement under the Criminal Code that a term of imprisonment must be the penalty, or a part of the penalty, for the offence is taken to be a requirement that a period of detention must be the penalty, or a part of the penalty, for the offence.\nA requirement under the Criminal Code that a minimum term of imprisonment must be served for the offence is taken to be a requirement that a minimum period of detention must be served for the offence.\nThe court may make a detention order—\nwith or without a conditional release order under section 220 ; and\nif section 234 applies—with or without an order under that section.\nIf the court is sentencing the child to detention for life on a conviction of murder—\nthe Criminal Code , section 305 (2) , (3) and (4) applies; and\nfor that purpose, a reference in the Criminal Code , section 305 to imprisonment is taken to be a reference to detention.\nFor the child’s parole eligibility, see section 233 of this Act and the Corrective Services Act 2006 , section 181 .\nSection 175 (1) (da) and (db) does not apply to the court.\nIf the offence is a prescribed offence under the Penalties and Sentences Act 1992 , section 108A , then part 5 , division 2 , subdivision 2 of that Act applies—\nas if a reference in that subdivision to a community service order were a reference to a community service order under this Act; and\nas if a reference in that subdivision to a graffiti removal order were a reference to a graffiti removal order under this Act; and\nas if a reference in that subdivision to the period mentioned in section 103 (2) (b) of that Act were a reference to the period within which the number of hours stated in the community service order must be performed under this Act; and\nas if a reference in that subdivision to serving a term of imprisonment in a corrective services facility were a reference to serving a period of detention.\nSection 195 (a) does not apply to the making of a community service order under subsection (9) but subsection (9) applies subject to section 195 (b) and (c) .\nThis section—\napplies despite anything else in this Act; and\nsubject to subsection (8) , does not limit a court’s power to make an order under section 175 .\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nUnder the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\ns 175A ins 2024 No. 54 s 19\namd 2025 No. 10 s 5 ; 2026 No. 4 s 117\n(12) exp 13 December 2029 (see s 175A(12))\n(sec.175A-ssec.1) This section applies if a court is sentencing a child for an offence against any of the following provisions of the Criminal Code — section 69 ; section 75 ; sections 302 and 305 ; sections 303 and 310 ; section 306 ; section 307 ; section 313 (2) ; section 314A ; section 317 ; section 320 ; section 320A ; section 323 ; section 328A ; section 328C ; section 328D ; section 340 ; section 349 ; section 350 ; section 351 ; section 352 , if the circumstance stated in section 352 (2) or (3) applies; section 354 ; section 354A ; section 355 ; section 398 , if item 12 or 15 applies; section 408A ; sections 409 and 411 ; section 412 , if the circumstance stated in section 412 (2) or (3) applies; section 419 ; section 421 ; section 427 ; section 461 ; section 462 .\n(sec.175A-ssec.1A) Also, this section applies if a court is sentencing a child for an offence against the Drugs Misuse Act 1986 , section 5 .\n(sec.175A-ssec.1B) Also, this section applies if a court is sentencing a child for an offence against any of the following provisions of the Weapons Act 1990 — section 56A ; section 67A .\n(sec.175A-ssec.2) The court may— order that the child be placed on probation for a period not longer than 3 years; or order that the child be detained for a period not more than— if the court is not constituted by a judge—3 years; or if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve.\n(sec.175A-ssec.3) Section 155 does not apply to the court.\n(sec.175A-ssec.4) A requirement under the Criminal Code that a term of imprisonment must be the penalty, or a part of the penalty, for the offence is taken to be a requirement that a period of detention must be the penalty, or a part of the penalty, for the offence.\n(sec.175A-ssec.5) A requirement under the Criminal Code that a minimum term of imprisonment must be served for the offence is taken to be a requirement that a minimum period of detention must be served for the offence.\n(sec.175A-ssec.6) The court may make a detention order— with or without a conditional release order under section 220 ; and if section 234 applies—with or without an order under that section.\n(sec.175A-ssec.7) If the court is sentencing the child to detention for life on a conviction of murder— the Criminal Code , section 305 (2) , (3) and (4) applies; and for that purpose, a reference in the Criminal Code , section 305 to imprisonment is taken to be a reference to detention. For the child’s parole eligibility, see section 233 of this Act and the Corrective Services Act 2006 , section 181 .\n(sec.175A-ssec.8) Section 175 (1) (da) and (db) does not apply to the court.\n(sec.175A-ssec.9) If the offence is a prescribed offence under the Penalties and Sentences Act 1992 , section 108A , then part 5 , division 2 , subdivision 2 of that Act applies— as if a reference in that subdivision to a community service order were a reference to a community service order under this Act; and as if a reference in that subdivision to a graffiti removal order were a reference to a graffiti removal order under this Act; and as if a reference in that subdivision to the period mentioned in section 103 (2) (b) of that Act were a reference to the period within which the number of hours stated in the community service order must be performed under this Act; and as if a reference in that subdivision to serving a term of imprisonment in a corrective services facility were a reference to serving a period of detention.\n(sec.175A-ssec.10) Section 195 (a) does not apply to the making of a community service order under subsection (9) but subsection (9) applies subject to section 195 (b) and (c) .\n(sec.175A-ssec.11) This section— applies despite anything else in this Act; and subject to subsection (8) , does not limit a court’s power to make an order under section 175 .\n(sec.175A-ssec.12) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\n- (a) section 69 ;\n- (b) section 75 ;\n- (c) sections 302 and 305 ;\n- (d) sections 303 and 310 ;\n- (e) section 306 ;\n- (f) section 307 ;\n- (g) section 313 (2) ;\n- (h) section 314A ;\n- (i) section 317 ;\n- (j) section 320 ;\n- (k) section 320A ;\n- (l) section 323 ;\n- (m) section 328A ;\n- (n) section 328C ;\n- (o) section 328D ;\n- (p) section 340 ;\n- (q) section 349 ;\n- (r) section 350 ;\n- (s) section 351 ;\n- (t) section 352 , if the circumstance stated in section 352 (2) or (3) applies;\n- (u) section 354 ;\n- (v) section 354A ;\n- (w) section 355 ;\n- (x) section 398 , if item 12 or 15 applies;\n- (y) section 408A ;\n- (z) sections 409 and 411 ;\n- (za) section 412 , if the circumstance stated in section 412 (2) or (3) applies;\n- (zb) section 419 ;\n- (zc) section 421 ;\n- (zd) section 427 ;\n- (ze) section 461 ;\n- (zf) section 462 .\n- (a) section 56A ;\n- (b) section 67A .\n- (a) order that the child be placed on probation for a period not longer than 3 years; or\n- (b) order that the child be detained for a period not more than— (i) if the court is not constituted by a judge—3 years; or (ii) if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve.\n- (i) if the court is not constituted by a judge—3 years; or\n- (ii) if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve.\n- (i) if the court is not constituted by a judge—3 years; or\n- (ii) if the court is constituted by a judge—the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve.\n- (a) with or without a conditional release order under section 220 ; and\n- (b) if section 234 applies—with or without an order under that section.\n- (a) the Criminal Code , section 305 (2) , (3) and (4) applies; and\n- (b) for that purpose, a reference in the Criminal Code , section 305 to imprisonment is taken to be a reference to detention.\n- (a) as if a reference in that subdivision to a community service order were a reference to a community service order under this Act; and\n- (b) as if a reference in that subdivision to a graffiti removal order were a reference to a graffiti removal order under this Act; and\n- (c) as if a reference in that subdivision to the period mentioned in section 103 (2) (b) of that Act were a reference to the period within which the number of hours stated in the community service order must be performed under this Act; and\n- (d) as if a reference in that subdivision to serving a term of imprisonment in a corrective services facility were a reference to serving a period of detention.\n- (a) applies despite anything else in this Act; and\n- (b) subject to subsection (8) , does not limit a court’s power to make an order under section 175 .\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .","sortOrder":272},{"sectionNumber":"sec.176","sectionType":"section","heading":"Sentence orders—other significant offences","content":"### sec.176 Sentence orders—other significant offences\n\nIf a child is found guilty of a relevant offence before a court presided over by a judge ( the court ), the court, may—\norder the child to be placed on probation for a period not longer than 3 years; or\nmake a detention order against the child under subsection (2) or (3) .\nFor a relevant offence other than a life offence, the court may order the child to be detained for a period not more than 7 years.\nFor a relevant offence that is a life offence, the court may order that the child be detained for—\na period not more than 10 years; or\na period up to and including the maximum of life, if—\nthe offence involves the commission of violence against a person; and\nthe court considers the offence to be a particularly heinous offence having regard to all the circumstances.\nA court may make an order for a child’s detention under subsection (2) or (3) with or without a conditional release order under section 220 .\nA court may make an order for a child’s detention under subsection (3) , with or without an order under division 10 , subdivision 5 .\nThis section does not limit a court’s power to make an order under section 175 .\nIn this section—\nrelevant offence means a life offence, or an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, but does not include any of the following offences—\nan offence mentioned in section 175A (1) or (1B) ;\nan offence of receiving if the value of the property, benefit or detriment is not more than $5,000;\nan offence that, if committed by an adult, may be dealt with summarily under the Drugs Misuse Act 1986 , section 13 .\ns 176 amd 1996 No. 22 s 45 ; 2002 No. 39 s 65 ; 2009 No. 34 s 25 ; 2010 No. 26 s 154 ; 2012 No. 19 s 23 ; 2012 No. 41 s 23 ; 2016 No. 38 s 19 ; 2024 No. 54 s 20 ; 2026 No. 4 s 118\n(sec.176-ssec.1) If a child is found guilty of a relevant offence before a court presided over by a judge ( the court ), the court, may— order the child to be placed on probation for a period not longer than 3 years; or make a detention order against the child under subsection (2) or (3) .\n(sec.176-ssec.2) For a relevant offence other than a life offence, the court may order the child to be detained for a period not more than 7 years.\n(sec.176-ssec.3) For a relevant offence that is a life offence, the court may order that the child be detained for— a period not more than 10 years; or a period up to and including the maximum of life, if— the offence involves the commission of violence against a person; and the court considers the offence to be a particularly heinous offence having regard to all the circumstances.\n(sec.176-ssec.4) A court may make an order for a child’s detention under subsection (2) or (3) with or without a conditional release order under section 220 .\n(sec.176-ssec.5) A court may make an order for a child’s detention under subsection (3) , with or without an order under division 10 , subdivision 5 .\n(sec.176-ssec.6) This section does not limit a court’s power to make an order under section 175 .\n(sec.176-ssec.7) In this section— relevant offence means a life offence, or an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, but does not include any of the following offences— an offence mentioned in section 175A (1) or (1B) ; an offence of receiving if the value of the property, benefit or detriment is not more than $5,000; an offence that, if committed by an adult, may be dealt with summarily under the Drugs Misuse Act 1986 , section 13 .\n- (a) order the child to be placed on probation for a period not longer than 3 years; or\n- (b) make a detention order against the child under subsection (2) or (3) .\n- (a) a period not more than 10 years; or\n- (b) a period up to and including the maximum of life, if— (i) the offence involves the commission of violence against a person; and (ii) the court considers the offence to be a particularly heinous offence having regard to all the circumstances.\n- (i) the offence involves the commission of violence against a person; and\n- (ii) the court considers the offence to be a particularly heinous offence having regard to all the circumstances.\n- (i) the offence involves the commission of violence against a person; and\n- (ii) the court considers the offence to be a particularly heinous offence having regard to all the circumstances.\n- (a) an offence mentioned in section 175A (1) or (1B) ;\n- (b) an offence of receiving if the value of the property, benefit or detriment is not more than $5,000;\n- (c) an offence that, if committed by an adult, may be dealt with summarily under the Drugs Misuse Act 1986 , section 13 .","sortOrder":273},{"sectionNumber":"sec.176A","sectionType":"section","heading":"Sentence orders—graffiti offences","content":"### sec.176A Sentence orders—graffiti offences\n\nThis section applies if—\na child is found guilty of a graffiti offence before a court; and\nthe child had attained at least the age of 12 years at the time of the offence.\nWithout limiting section 175 , the court must make a graffiti removal order for the child.\nSubject to sections 194A and 249 (3) , the graffiti removal order must order the child to perform graffiti removal service for a period no longer than—\nif the child has not attained the age of 13 years at the time of sentence—5 hours; or\nif the child has attained the age of 13 years, but not the age of 15 years, at the time of sentence—10 hours; or\nif the child has attained the age of 15 years at the time of sentence—20 hours.\ns 176A ins 2013 No. 31 s 83\n(sec.176A-ssec.1) This section applies if— a child is found guilty of a graffiti offence before a court; and the child had attained at least the age of 12 years at the time of the offence.\n(sec.176A-ssec.2) Without limiting section 175 , the court must make a graffiti removal order for the child.\n(sec.176A-ssec.3) Subject to sections 194A and 249 (3) , the graffiti removal order must order the child to perform graffiti removal service for a period no longer than— if the child has not attained the age of 13 years at the time of sentence—5 hours; or if the child has attained the age of 13 years, but not the age of 15 years, at the time of sentence—10 hours; or if the child has attained the age of 15 years at the time of sentence—20 hours.\n- (a) a child is found guilty of a graffiti offence before a court; and\n- (b) the child had attained at least the age of 12 years at the time of the offence.\n- (a) if the child has not attained the age of 13 years at the time of sentence—5 hours; or\n- (b) if the child has attained the age of 13 years, but not the age of 15 years, at the time of sentence—10 hours; or\n- (c) if the child has attained the age of 15 years at the time of sentence—20 hours.","sortOrder":274},{"sectionNumber":"sec.176B","sectionType":"section","heading":null,"content":"### Section sec.176B\n\ns 176B ins 2014 No. 9 s 9B\namd 2014 No. 39 s 73\nom 2016 No. 38 s 20","sortOrder":275},{"sectionNumber":"sec.177","sectionType":"section","heading":"More than 1 type of order may be made for a single offence","content":"### sec.177 More than 1 type of order may be made for a single offence\n\nA court may make more than 1 type of sentence order for a single offence, subject to sections 178 to 180A .\ns 177 ins 1996 No. 22 s 46\namd 2002 No. 39 s 66 ; 2013 No. 31 s 84 ; 2014 No. 9 s 9C ; 2016 No. 38 s 21","sortOrder":276},{"sectionNumber":"sec.178","sectionType":"section","heading":"Combination of probation and community service orders","content":"### sec.178 Combination of probation and community service orders\n\nThis section applies if a court makes, for a single offence (the original offence ), a probation order and a community service order.\nThe court—\nmust make separate orders; and\nmust not impose one of the orders as a requirement of the other.\nIf the child contravenes one of the orders after the orders are made and is resentenced for the original offence, the other order is discharged.\ns 178 ins 1996 No. 22 s 46\nsub 2002 No. 39 s 67\n(sec.178-ssec.1) This section applies if a court makes, for a single offence (the original offence ), a probation order and a community service order.\n(sec.178-ssec.2) The court— must make separate orders; and must not impose one of the orders as a requirement of the other.\n(sec.178-ssec.3) If the child contravenes one of the orders after the orders are made and is resentenced for the original offence, the other order is discharged.\n- (a) must make separate orders; and\n- (b) must not impose one of the orders as a requirement of the other.","sortOrder":277},{"sectionNumber":"sec.178A","sectionType":"section","heading":"Combination of graffiti removal order and probation and community service orders","content":"### sec.178A Combination of graffiti removal order and probation and community service orders\n\nThis section applies if a court makes, for a single graffiti offence (the original offence ), a graffiti removal order and also one or both of the following orders—\na probation order;\na community service order.\nThe court—\nmust make separate orders; and\nmust not impose one of the orders as a requirement of the other.\nIf the child contravenes one of the orders, other than the graffiti removal order, after the orders are made and is resentenced for the original offence—\nthe orders, other than the graffiti removal order, are discharged; and\nthe court may, if it considers it appropriate, discharge the graffiti removal order.\nIf the child contravenes the graffiti removal order after the orders are made and is resentenced for the original offence, all of the orders are discharged.\ns 178A ins 2013 No. 31 s 85\n(sec.178A-ssec.1) This section applies if a court makes, for a single graffiti offence (the original offence ), a graffiti removal order and also one or both of the following orders— a probation order; a community service order.\n(sec.178A-ssec.2) The court— must make separate orders; and must not impose one of the orders as a requirement of the other.\n(sec.178A-ssec.3) If the child contravenes one of the orders, other than the graffiti removal order, after the orders are made and is resentenced for the original offence— the orders, other than the graffiti removal order, are discharged; and the court may, if it considers it appropriate, discharge the graffiti removal order.\n(sec.178A-ssec.4) If the child contravenes the graffiti removal order after the orders are made and is resentenced for the original offence, all of the orders are discharged.\n- (a) a probation order;\n- (b) a community service order.\n- (a) must make separate orders; and\n- (b) must not impose one of the orders as a requirement of the other.\n- (a) the orders, other than the graffiti removal order, are discharged; and\n- (b) the court may, if it considers it appropriate, discharge the graffiti removal order.","sortOrder":278},{"sectionNumber":"sec.178B","sectionType":"section","heading":null,"content":"### Section sec.178B\n\ns 178B ins 2014 No. 9 s 9D\nom 2016 No. 38 s 22","sortOrder":279},{"sectionNumber":"sec.178C","sectionType":"section","heading":"Combination of restorative justice orders and other sentence orders","content":"### sec.178C Combination of restorative justice orders and other sentence orders\n\nThis section applies if a court makes, for a single offence, a restorative justice order and any other sentence order.\nThe court—\nmust make separate orders; and\nmust not impose one of the orders as a requirement of the other.\nIf the child contravenes the restorative justice order after the orders are made and is resentenced for the offence, the court may discharge any or all of the other sentence orders.\nIf the child contravenes one of the other sentence orders after the orders are made and is resentenced for the offence, the court may discharge the restorative justice order.\ns 178C ins 2016 No. 39 s 25\n(sec.178C-ssec.1) This section applies if a court makes, for a single offence, a restorative justice order and any other sentence order.\n(sec.178C-ssec.2) The court— must make separate orders; and must not impose one of the orders as a requirement of the other.\n(sec.178C-ssec.3) If the child contravenes the restorative justice order after the orders are made and is resentenced for the offence, the court may discharge any or all of the other sentence orders.\n(sec.178C-ssec.4) If the child contravenes one of the other sentence orders after the orders are made and is resentenced for the offence, the court may discharge the restorative justice order.\n- (a) must make separate orders; and\n- (b) must not impose one of the orders as a requirement of the other.","sortOrder":280},{"sectionNumber":"sec.179","sectionType":"section","heading":"Combination of intensive supervision order and probation or detention order prohibited","content":"### sec.179 Combination of intensive supervision order and probation or detention order prohibited\n\nA court may not make, for a single offence—\nan intensive supervision order; and\na probation order or detention order.\ns 179 ins 1996 No. 22 s 46\nsub 2002 No. 39 s 67\n- (a) an intensive supervision order; and\n- (b) a probation order or detention order.","sortOrder":281},{"sectionNumber":"sec.180","sectionType":"section","heading":"Combination of detention order and probation order","content":"### sec.180 Combination of detention order and probation order\n\nThis section applies if a court makes a detention order and a probation order for a single offence.\nA court may make the detention order only for a maximum period of 6 months and may not make a conditional release order.\nThe probation order may only start when the child is released from detention under the detention order and be for a maximum period ending 1 year after the release.\ns 180 ins 2002 No. 39 s 67\namd 2012 No. 41 s 24 ; 2013 No. 31 s 86 ; 2016 No. 38 s 23\n(sec.180-ssec.1) This section applies if a court makes a detention order and a probation order for a single offence.\n(sec.180-ssec.2) A court may make the detention order only for a maximum period of 6 months and may not make a conditional release order.\n(sec.180-ssec.3) The probation order may only start when the child is released from detention under the detention order and be for a maximum period ending 1 year after the release.","sortOrder":282},{"sectionNumber":"sec.180A","sectionType":"section","heading":"Combination of detention order and graffiti removal order","content":"### sec.180A Combination of detention order and graffiti removal order\n\nThis section applies if a court makes—\na detention order and a graffiti removal order for—\na single graffiti offence; or\nmultiple offences of which one is a graffiti offence; or\na detention order for a child subject to 1 or more existing graffiti removal orders.\nThe graffiti removal order—\nif subsection (1) (a) applies—starts when the child is released from detention under the detention order; or\nif subsection (1) (b) applies—is suspended until the child is released from detention under the detention order.\nAny period that, under section 194B (3) or 194D , applies to the graffiti removal order—\nif subsection (1) (a) applies—starts when the child is released from detention under the detention order; or\nif subsection (1) (b) applies—is extended by the period the child is detained under the detention order.\ns 180A ins 2013 No. 31 s 87\n(sec.180A-ssec.1) This section applies if a court makes— a detention order and a graffiti removal order for— a single graffiti offence; or multiple offences of which one is a graffiti offence; or a detention order for a child subject to 1 or more existing graffiti removal orders.\n(sec.180A-ssec.2) The graffiti removal order— if subsection (1) (a) applies—starts when the child is released from detention under the detention order; or if subsection (1) (b) applies—is suspended until the child is released from detention under the detention order.\n(sec.180A-ssec.3) Any period that, under section 194B (3) or 194D , applies to the graffiti removal order— if subsection (1) (a) applies—starts when the child is released from detention under the detention order; or if subsection (1) (b) applies—is extended by the period the child is detained under the detention order.\n- (a) a detention order and a graffiti removal order for— (i) a single graffiti offence; or (ii) multiple offences of which one is a graffiti offence; or\n- (i) a single graffiti offence; or\n- (ii) multiple offences of which one is a graffiti offence; or\n- (b) a detention order for a child subject to 1 or more existing graffiti removal orders.\n- (i) a single graffiti offence; or\n- (ii) multiple offences of which one is a graffiti offence; or\n- (a) if subsection (1) (a) applies—starts when the child is released from detention under the detention order; or\n- (b) if subsection (1) (b) applies—is suspended until the child is released from detention under the detention order.\n- (a) if subsection (1) (a) applies—starts when the child is released from detention under the detention order; or\n- (b) if subsection (1) (b) applies—is extended by the period the child is detained under the detention order.","sortOrder":283},{"sectionNumber":"sec.180B","sectionType":"section","heading":null,"content":"### Section sec.180B\n\ns 180B ins 2014 No. 9 s 9E\nom 2016 No. 38 s 24","sortOrder":284},{"sectionNumber":"sec.181","sectionType":"section","heading":"Other orders","content":"### sec.181 Other orders\n\nA court that makes a sentence order against a child for an offence under section 175 , 175A or 176 , in addition to the order, may make 1 or more of the following orders—\nan order allowed by division 11 requiring the child—\nto make restitution of property; or\nto pay compensation of not more than an amount equal to 20 penalty units for loss to property; or\nto pay compensation for injury suffered by another person;\nan order allowed by division 13 ;\nan order allowed by division 14 .\ns 181 amd 1996 No. 22 s 47 ; 2024 No. 54 s 21\n- (a) an order allowed by division 11 requiring the child— (i) to make restitution of property; or (ii) to pay compensation of not more than an amount equal to 20 penalty units for loss to property; or (iii) to pay compensation for injury suffered by another person;\n- (i) to make restitution of property; or\n- (ii) to pay compensation of not more than an amount equal to 20 penalty units for loss to property; or\n- (iii) to pay compensation for injury suffered by another person;\n- (b) an order allowed by division 13 ;\n- (c) an order allowed by division 14 .\n- (i) to make restitution of property; or\n- (ii) to pay compensation of not more than an amount equal to 20 penalty units for loss to property; or\n- (iii) to pay compensation for injury suffered by another person;","sortOrder":285},{"sectionNumber":"sec.182","sectionType":"section","heading":"Orders may be combined in 1 form","content":"### sec.182 Orders may be combined in 1 form\n\nThis section applies if a court makes more than 1 sentence order against a child charged before it with more than 1 offence.\nThe court may combine more than 1 of the sentence orders in 1 order form if each sentence order that the form deals with is—\nof the same type; and\nsubject to similar conditions.\nThe order form must contain, or have attached, a list of each offence for which the order form is made.\nIn a proceeding, it is taken that a separate sentence order was made for each offence.\n(sec.182-ssec.1) This section applies if a court makes more than 1 sentence order against a child charged before it with more than 1 offence.\n(sec.182-ssec.2) The court may combine more than 1 of the sentence orders in 1 order form if each sentence order that the form deals with is— of the same type; and subject to similar conditions.\n(sec.182-ssec.3) The order form must contain, or have attached, a list of each offence for which the order form is made.\n(sec.182-ssec.4) In a proceeding, it is taken that a separate sentence order was made for each offence.\n- (a) of the same type; and\n- (b) subject to similar conditions.","sortOrder":286},{"sectionNumber":"sec.183","sectionType":"section","heading":"Recording of conviction","content":"### sec.183 Recording of conviction\n\nOther than under this section, a conviction is not to be recorded against a child who is found guilty of an offence.\nIf a court makes an order under section 175 (1) (a) or (b) , a conviction must not be recorded.\nIf a court makes an order under section 175 (1) (c) to (g) , 175A , 176 or 176A , the court may order that a conviction be recorded or decide that a conviction not be recorded.\ns 183 prev s 183 amd 1999 No. 19 s 3 sch\nom 2002 No. 39 s 93\npres s 183 amd 1996 No. 22 s 48 ; 2002 No. 39 s 68 ; 2013 No. 31 s 88 ; 2024 No. 54 s 22\n(sec.183-ssec.1) Other than under this section, a conviction is not to be recorded against a child who is found guilty of an offence.\n(sec.183-ssec.2) If a court makes an order under section 175 (1) (a) or (b) , a conviction must not be recorded.\n(sec.183-ssec.3) If a court makes an order under section 175 (1) (c) to (g) , 175A , 176 or 176A , the court may order that a conviction be recorded or decide that a conviction not be recorded.","sortOrder":287},{"sectionNumber":"sec.184","sectionType":"section","heading":"Considerations whether or not to record conviction","content":"### sec.184 Considerations whether or not to record conviction\n\nIn considering whether or not to record a conviction, a court must have regard to all the circumstances of the case, including—\nthe nature of the offence; and\nthe child’s age and any previous convictions; and\nthe impact the recording of a conviction will have on the child’s chances of—\nrehabilitation generally; or\nfinding or retaining employment.\nExcept as otherwise provided by this or another Act, a finding of guilt without the recording of a conviction is not taken to be a conviction for any purpose.\nA finding of guilt against a child for an offence without the recording of a conviction stops a subsequent proceeding against the child for the same offence as if a conviction had been recorded.\ns 184 prev s 184 om 2002 No. 39 s 93\npres s 184 amd 1996 No. 22 s 3 sch 1\n(sec.184-ssec.1) In considering whether or not to record a conviction, a court must have regard to all the circumstances of the case, including— the nature of the offence; and the child’s age and any previous convictions; and the impact the recording of a conviction will have on the child’s chances of— rehabilitation generally; or finding or retaining employment.\n(sec.184-ssec.2) Except as otherwise provided by this or another Act, a finding of guilt without the recording of a conviction is not taken to be a conviction for any purpose.\n(sec.184-ssec.3) A finding of guilt against a child for an offence without the recording of a conviction stops a subsequent proceeding against the child for the same offence as if a conviction had been recorded.\n- (a) the nature of the offence; and\n- (b) the child’s age and any previous convictions; and\n- (c) the impact the recording of a conviction will have on the child’s chances of— (i) rehabilitation generally; or (ii) finding or retaining employment.\n- (i) rehabilitation generally; or\n- (ii) finding or retaining employment.\n- (i) rehabilitation generally; or\n- (ii) finding or retaining employment.","sortOrder":288},{"sectionNumber":"sec.185","sectionType":"section","heading":"Judge may delegate sentencing power to magistrate","content":"### sec.185 Judge may delegate sentencing power to magistrate\n\nThis section applies if—\na proceeding in which a child may be sentenced for an offence is before a Childrens Court magistrate; and\nthe Childrens Court magistrate considers that an appropriate sentence would be beyond the jurisdiction of the Childrens Court magistrate because of the limit to the jurisdiction set out in section 175 (1) (d) or (g) .\nThe magistrate may request a Childrens Court judge to delegate to the magistrate the power to impose a sentence that, under section 175 (1) , may only be made if a judge constitutes the sentencing court.\nThe Childrens Court judge has jurisdiction to delegate the power.\nThe delegation must be made before any evidence is heard, plea entered or election made, unless the child—\nis represented by a lawyer; and\nconsents to a delegation happening at a later time.\nThe request and delegation may be made informally, including by any form of distance communication.\nThe magistrate must inform the child of the delegation.\ns 185 prev s 185 amd 1999 No. 19 s 3 sch\nom 2002 No. 39 s 93\namd 2004 No. 11 s 596 sch 1\n(sec.185-ssec.1) This section applies if— a proceeding in which a child may be sentenced for an offence is before a Childrens Court magistrate; and the Childrens Court magistrate considers that an appropriate sentence would be beyond the jurisdiction of the Childrens Court magistrate because of the limit to the jurisdiction set out in section 175 (1) (d) or (g) .\n(sec.185-ssec.2) The magistrate may request a Childrens Court judge to delegate to the magistrate the power to impose a sentence that, under section 175 (1) , may only be made if a judge constitutes the sentencing court.\n(sec.185-ssec.3) The Childrens Court judge has jurisdiction to delegate the power.\n(sec.185-ssec.4) The delegation must be made before any evidence is heard, plea entered or election made, unless the child— is represented by a lawyer; and consents to a delegation happening at a later time.\n(sec.185-ssec.5) The request and delegation may be made informally, including by any form of distance communication.\n(sec.185-ssec.6) The magistrate must inform the child of the delegation.\n- (a) a proceeding in which a child may be sentenced for an offence is before a Childrens Court magistrate; and\n- (b) the Childrens Court magistrate considers that an appropriate sentence would be beyond the jurisdiction of the Childrens Court magistrate because of the limit to the jurisdiction set out in section 175 (1) (d) or (g) .\n- (a) is represented by a lawyer; and\n- (b) consents to a delegation happening at a later time.","sortOrder":289},{"sectionNumber":"sec.186","sectionType":"section","heading":"Reference of case to Childrens Court judge for sentence","content":"### sec.186 Reference of case to Childrens Court judge for sentence\n\nIf, in a proceeding for the sentencing of a child for an offence, a Childrens Court magistrate considers that the circumstances require the making of a sentence order—\nbeyond the jurisdiction of a Childrens Court magistrate; but\nwithin the jurisdiction of a Childrens Court judge;\nthe magistrate may commit the child for sentence before a Childrens Court judge.\nIn relation to a committal under subsection (1) , the Childrens Court magistrate may make all orders and directions as if it were a committal following a committal proceeding.\nThe Childrens Court judge may exercise sentencing powers to the extent mentioned in section 175 or 175A .\ns 186 prev s 186 om 2002 No. 39 s 93\npres s 186 amd 2024 No. 54 s 22A\n(sec.186-ssec.1) If, in a proceeding for the sentencing of a child for an offence, a Childrens Court magistrate considers that the circumstances require the making of a sentence order— beyond the jurisdiction of a Childrens Court magistrate; but within the jurisdiction of a Childrens Court judge; the magistrate may commit the child for sentence before a Childrens Court judge.\n(sec.186-ssec.2) In relation to a committal under subsection (1) , the Childrens Court magistrate may make all orders and directions as if it were a committal following a committal proceeding.\n(sec.186-ssec.3) The Childrens Court judge may exercise sentencing powers to the extent mentioned in section 175 or 175A .\n- (a) beyond the jurisdiction of a Childrens Court magistrate; but\n- (b) within the jurisdiction of a Childrens Court judge;","sortOrder":290},{"sectionNumber":"sec.187","sectionType":"section","heading":"Reference to complying with, or contravening, an order","content":"### sec.187 Reference to complying with, or contravening, an order\n\nIn this part, a reference to complying with, or contravening, a sentence order includes complying with, or contravening, a requirement applying to the order under a regulation.\ns 187 prev s 187 om 2002 No. 39 s 93\npres s 187 ins 2002 No. 39 s 69","sortOrder":291},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Good behaviour orders","content":"## Good behaviour orders","sortOrder":292},{"sectionNumber":"sec.188","sectionType":"section","heading":"Good behaviour order","content":"### sec.188 Good behaviour order\n\nA court that makes a good behaviour order against a child must impose a condition that the child abstains from violation of the law for the period of the order.","sortOrder":293},{"sectionNumber":"sec.189","sectionType":"section","heading":"Breach of conditions","content":"### sec.189 Breach of conditions\n\nIf a person against whom a good behaviour order has been made commits an offence during the period of the order, a court that deals with the person on a charge for the offence may have regard to the breach of the good behaviour order when determining its sentence for the offence.\nOtherwise a court must not take any action in relation to a breach of a good behaviour order.\n(sec.189-ssec.1) If a person against whom a good behaviour order has been made commits an offence during the period of the order, a court that deals with the person on a charge for the offence may have regard to the breach of the good behaviour order when determining its sentence for the offence.\n(sec.189-ssec.2) Otherwise a court must not take any action in relation to a breach of a good behaviour order.","sortOrder":294},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Fines","content":"## Fines","sortOrder":295},{"sectionNumber":"sec.190","sectionType":"section","heading":"Child’s capacity to pay fine to be considered","content":"### sec.190 Child’s capacity to pay fine to be considered\n\nA court may make an order requiring a child to pay an amount by way of fine only if it is satisfied that the child has the capacity to pay the amount.","sortOrder":296},{"sectionNumber":"sec.191","sectionType":"section","heading":"Requirements of fine order","content":"### sec.191 Requirements of fine order\n\nAn order made by a court requiring a child to pay a fine must direct that—\nthe fine be paid by a specified time or by specified instalments; and\nthe fine must be paid in the first instance to the proper officer of the court.\n- (a) the fine be paid by a specified time or by specified instalments; and\n- (b) the fine must be paid in the first instance to the proper officer of the court.","sortOrder":297},{"sectionNumber":"sec.192","sectionType":"section","heading":"Proper officer’s application on breach","content":"### sec.192 Proper officer’s application on breach\n\nThis section applies if a child who is ordered to pay a fine for an offence fails to pay all the fine within the time allowed for payment.\nThe proper officer may apply to the court to cancel the fine order and make a community service order against the child.\nThe proper officer must give notice of the application to—\nthe child; and\na parent of the child, unless a parent can not be found after reasonable inquiry; and\nthe chief executive.\nIf the court is satisfied that the child has not paid an amount of the fine within the time allowed, the court may—\ntake no action; or\nextend the time for paying the amount; or\ncancel the fine order and resentence the child by making a community service order against the child.\nThe community service hours under the community service order must be calculated using the following formula—\nHowever, the community service hours calculated using the formula must not be more than that permitted under section 175 (1) (e) or 200 .\nIf the hours calculated under the formula are less than that permitted by section 200 , the court may not make an order under subsection (4) (c) .\nIf the hours calculated under the formula are more than that permitted by section 175 (1) (e) or 200 , the court may only make an order for the maximum hours permitted.\nThe community service order is a community service order under section 175 (1) (e) .\nIn this section—\nparent , of a child, includes someone who is apparently a parent of the child.\ns 192 ins 1996 No. 22 s 49\n(sec.192-ssec.1) This section applies if a child who is ordered to pay a fine for an offence fails to pay all the fine within the time allowed for payment.\n(sec.192-ssec.2) The proper officer may apply to the court to cancel the fine order and make a community service order against the child.\n(sec.192-ssec.3) The proper officer must give notice of the application to— the child; and a parent of the child, unless a parent can not be found after reasonable inquiry; and the chief executive.\n(sec.192-ssec.4) If the court is satisfied that the child has not paid an amount of the fine within the time allowed, the court may— take no action; or extend the time for paying the amount; or cancel the fine order and resentence the child by making a community service order against the child.\n(sec.192-ssec.5) The community service hours under the community service order must be calculated using the following formula—\n(sec.192-ssec.6) However, the community service hours calculated using the formula must not be more than that permitted under section 175 (1) (e) or 200 .\n(sec.192-ssec.7) If the hours calculated under the formula are less than that permitted by section 200 , the court may not make an order under subsection (4) (c) .\n(sec.192-ssec.8) If the hours calculated under the formula are more than that permitted by section 175 (1) (e) or 200 , the court may only make an order for the maximum hours permitted.\n(sec.192-ssec.9) The community service order is a community service order under section 175 (1) (e) .\n(sec.192-ssec.10) In this section— parent , of a child, includes someone who is apparently a parent of the child.\n- (a) the child; and\n- (b) a parent of the child, unless a parent can not be found after reasonable inquiry; and\n- (c) the chief executive.\n- (a) take no action; or\n- (b) extend the time for paying the amount; or\n- (c) cancel the fine order and resentence the child by making a community service order against the child.","sortOrder":298},{"sectionNumber":"pt.7-div.6A","sectionType":"division","heading":"Restorative justice orders","content":"## Restorative justice orders","sortOrder":299},{"sectionNumber":"sec.192A","sectionType":"section","heading":"Preconditions to making restorative justice order","content":"### sec.192A Preconditions to making restorative justice order\n\nA court may make a restorative justice order against a child only if—\nthe court considers the child is informed of, and understands, the process; and\nthe child indicates willingness to comply with the order; and\nthe court is satisfied that the child is a suitable person to participate in a restorative justice process; and\nhaving regard to the following, the court considers the order is appropriate in the circumstances—\na submission by the chief executive about the appropriateness of the order;\nthe deciding factors for referring the offence.\nFor a court sentencing a child for an offence under section 175A , see section 175A (8) .\nIn this section—\ndeciding factors , for referring an offence, means—\nthe nature of the offence; and\nthe harm suffered by anyone because of the offence; and\nwhether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.\ns 192A ins 2016 No. 39 s 26\namd 2024 No. 54 s 23\n(sec.192A-ssec.1) A court may make a restorative justice order against a child only if— the court considers the child is informed of, and understands, the process; and the child indicates willingness to comply with the order; and the court is satisfied that the child is a suitable person to participate in a restorative justice process; and having regard to the following, the court considers the order is appropriate in the circumstances— a submission by the chief executive about the appropriateness of the order; the deciding factors for referring the offence. For a court sentencing a child for an offence under section 175A , see section 175A (8) .\n(sec.192A-ssec.2) In this section— deciding factors , for referring an offence, means— the nature of the offence; and the harm suffered by anyone because of the offence; and whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.\n- (a) the court considers the child is informed of, and understands, the process; and\n- (b) the child indicates willingness to comply with the order; and\n- (c) the court is satisfied that the child is a suitable person to participate in a restorative justice process; and\n- (d) having regard to the following, the court considers the order is appropriate in the circumstances— (i) a submission by the chief executive about the appropriateness of the order; (ii) the deciding factors for referring the offence.\n- (i) a submission by the chief executive about the appropriateness of the order;\n- (ii) the deciding factors for referring the offence.\n- (i) a submission by the chief executive about the appropriateness of the order;\n- (ii) the deciding factors for referring the offence.\n- (a) the nature of the offence; and\n- (b) the harm suffered by anyone because of the offence; and\n- (c) whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.","sortOrder":300},{"sectionNumber":"sec.192B","sectionType":"section","heading":"Requirements to be set out in restorative justice order","content":"### sec.192B Requirements to be set out in restorative justice order\n\nA restorative justice order made against a child must require—\nthat the child must report in person to the chief executive within 1 business day after the order is made or any longer period that may be specified in the order; and\nthat, during the order—\nthe child abstain from violation of the law; and\nthe child comply with every reasonable direction of the chief executive; and\nthe child report and receive visits as directed by the chief executive; and\nthe child or a parent of the child must notify the chief executive within 2 business days of any change of the child’s address, employment or school; and\nthe child must not leave, or stay out of, Queensland while the order is in force, without the prior approval of the chief executive; and\nthe child participate in a restorative justice process as directed by the chief executive; and\nthe child perform his or her obligations under a restorative justice agreement made as a consequence of the child’s participation in the restorative justice process.\ns 192B ins 2016 No. 39 s 26\n- (a) that the child must report in person to the chief executive within 1 business day after the order is made or any longer period that may be specified in the order; and\n- (b) that, during the order— (i) the child abstain from violation of the law; and (ii) the child comply with every reasonable direction of the chief executive; and (iii) the child report and receive visits as directed by the chief executive; and (iv) the child or a parent of the child must notify the chief executive within 2 business days of any change of the child’s address, employment or school; and (v) the child must not leave, or stay out of, Queensland while the order is in force, without the prior approval of the chief executive; and (vi) the child participate in a restorative justice process as directed by the chief executive; and (vii) the child perform his or her obligations under a restorative justice agreement made as a consequence of the child’s participation in the restorative justice process.\n- (i) the child abstain from violation of the law; and\n- (ii) the child comply with every reasonable direction of the chief executive; and\n- (iii) the child report and receive visits as directed by the chief executive; and\n- (iv) the child or a parent of the child must notify the chief executive within 2 business days of any change of the child’s address, employment or school; and\n- (v) the child must not leave, or stay out of, Queensland while the order is in force, without the prior approval of the chief executive; and\n- (vi) the child participate in a restorative justice process as directed by the chief executive; and\n- (vii) the child perform his or her obligations under a restorative justice agreement made as a consequence of the child’s participation in the restorative justice process.\n- (i) the child abstain from violation of the law; and\n- (ii) the child comply with every reasonable direction of the chief executive; and\n- (iii) the child report and receive visits as directed by the chief executive; and\n- (iv) the child or a parent of the child must notify the chief executive within 2 business days of any change of the child’s address, employment or school; and\n- (v) the child must not leave, or stay out of, Queensland while the order is in force, without the prior approval of the chief executive; and\n- (vi) the child participate in a restorative justice process as directed by the chief executive; and\n- (vii) the child perform his or her obligations under a restorative justice agreement made as a consequence of the child’s participation in the restorative justice process.","sortOrder":301},{"sectionNumber":"sec.192C","sectionType":"section","heading":"Making restorative justice order and community service order or graffiti removal order","content":"### sec.192C Making restorative justice order and community service order or graffiti removal order\n\nThis section applies if, for the same offence, a court makes a restorative justice order and—\na community service order; or\na graffiti removal order.\nIn making the community service order, the court must, when deciding the number of hours of unpaid community service, have regard to the child’s obligations under the restorative justice agreement related to the restorative justice order.\nIn making the graffiti removal order, the court must, when deciding the number of hours of graffiti removal service, have regard to the child’s obligations under the restorative justice agreement related to the restorative justice order.\nSubsections (2) and (3) only apply to a restorative justice agreement that is in force at the time of making the community service order or graffiti removal order.\ns 192C ins 2016 No. 39 s 26\n(sec.192C-ssec.1) This section applies if, for the same offence, a court makes a restorative justice order and— a community service order; or a graffiti removal order.\n(sec.192C-ssec.2) In making the community service order, the court must, when deciding the number of hours of unpaid community service, have regard to the child’s obligations under the restorative justice agreement related to the restorative justice order.\n(sec.192C-ssec.3) In making the graffiti removal order, the court must, when deciding the number of hours of graffiti removal service, have regard to the child’s obligations under the restorative justice agreement related to the restorative justice order.\n(sec.192C-ssec.4) Subsections (2) and (3) only apply to a restorative justice agreement that is in force at the time of making the community service order or graffiti removal order.\n- (a) a community service order; or\n- (b) a graffiti removal order.","sortOrder":302},{"sectionNumber":"sec.192D","sectionType":"section","heading":"Ending of restorative justice order","content":"### sec.192D Ending of restorative justice order\n\nA restorative justice order remains in force until the earlier of the following—\nthe chief executive is satisfied the child has discharged the child’s obligations under the related restorative justice agreement;\nthe order is discharged under section 245 or 247 ;\n12 months from the date the order is made.\nThe period that a restorative justice order remains in force under subsection (1) is subject to sections 245 , 247 and 252 .\ns 192D ins 2016 No. 39 s 26\n(sec.192D-ssec.1) A restorative justice order remains in force until the earlier of the following— the chief executive is satisfied the child has discharged the child’s obligations under the related restorative justice agreement; the order is discharged under section 245 or 247 ; 12 months from the date the order is made.\n(sec.192D-ssec.2) The period that a restorative justice order remains in force under subsection (1) is subject to sections 245 , 247 and 252 .\n- (a) the chief executive is satisfied the child has discharged the child’s obligations under the related restorative justice agreement;\n- (b) the order is discharged under section 245 or 247 ;\n- (c) 12 months from the date the order is made.","sortOrder":303},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Probation orders","content":"## Probation orders","sortOrder":304},{"sectionNumber":"sec.193","sectionType":"section","heading":"Probation orders—requirements","content":"### sec.193 Probation orders—requirements\n\nA probation order made against a child must require—\nthat the child must report in person to the chief executive within 1 business day after the order is made or any longer period that may be specified in the order; and\nthat, during the probation order—\nthe child must abstain from violation of the law; and\nthe child must satisfactorily attend programs as directed by the chief executive; and\nthe child must comply with every reasonable direction of the chief executive; and\nthe child must report and receive visits as directed by the chief executive; and\nthe child or a parent of the child must notify the chief executive within 2 business days of any change of address, employment or school; and\nthe child must not leave, or stay out of, Queensland during the probation period, without the prior approval of the chief executive.\nA probation order made against a child may contain requirements that the child must comply during the whole or a part of the probation period with conditions that the court considers necessary or desirable for preventing—\na repetition by the child of the offence in relation to which the order was made; or\nthe commission by the child of other offences.\na condition imposing a curfew on the child\nAn order may contain a requirement that the child must comply with outside the State.\nAn order may require the child to attend a particular educational establishment that is located outside the State.\nA requirement imposed by a court under subsection (2) —\nmust relate to the offence for which the probation is made; and\nmust be supported by the court’s written reasons; and\nmust not require the child to wear a monitoring device.\ns 193 amd 2002 No. 39 s 70 ; 2009 No. 34 s 26 ; 2019 No. 23 s 21 ; 2021 No. 9 s 29A\n(sec.193-ssec.1) A probation order made against a child must require— that the child must report in person to the chief executive within 1 business day after the order is made or any longer period that may be specified in the order; and that, during the probation order— the child must abstain from violation of the law; and the child must satisfactorily attend programs as directed by the chief executive; and the child must comply with every reasonable direction of the chief executive; and the child must report and receive visits as directed by the chief executive; and the child or a parent of the child must notify the chief executive within 2 business days of any change of address, employment or school; and the child must not leave, or stay out of, Queensland during the probation period, without the prior approval of the chief executive.\n(sec.193-ssec.2) A probation order made against a child may contain requirements that the child must comply during the whole or a part of the probation period with conditions that the court considers necessary or desirable for preventing— a repetition by the child of the offence in relation to which the order was made; or the commission by the child of other offences. a condition imposing a curfew on the child\n(sec.193-ssec.3) An order may contain a requirement that the child must comply with outside the State. An order may require the child to attend a particular educational establishment that is located outside the State.\n(sec.193-ssec.4) A requirement imposed by a court under subsection (2) — must relate to the offence for which the probation is made; and must be supported by the court’s written reasons; and must not require the child to wear a monitoring device.\n- (a) that the child must report in person to the chief executive within 1 business day after the order is made or any longer period that may be specified in the order; and\n- (b) that, during the probation order— (i) the child must abstain from violation of the law; and (ii) the child must satisfactorily attend programs as directed by the chief executive; and (iii) the child must comply with every reasonable direction of the chief executive; and (iv) the child must report and receive visits as directed by the chief executive; and (v) the child or a parent of the child must notify the chief executive within 2 business days of any change of address, employment or school; and (vi) the child must not leave, or stay out of, Queensland during the probation period, without the prior approval of the chief executive.\n- (i) the child must abstain from violation of the law; and\n- (ii) the child must satisfactorily attend programs as directed by the chief executive; and\n- (iii) the child must comply with every reasonable direction of the chief executive; and\n- (iv) the child must report and receive visits as directed by the chief executive; and\n- (v) the child or a parent of the child must notify the chief executive within 2 business days of any change of address, employment or school; and\n- (vi) the child must not leave, or stay out of, Queensland during the probation period, without the prior approval of the chief executive.\n- (i) the child must abstain from violation of the law; and\n- (ii) the child must satisfactorily attend programs as directed by the chief executive; and\n- (iii) the child must comply with every reasonable direction of the chief executive; and\n- (iv) the child must report and receive visits as directed by the chief executive; and\n- (v) the child or a parent of the child must notify the chief executive within 2 business days of any change of address, employment or school; and\n- (vi) the child must not leave, or stay out of, Queensland during the probation period, without the prior approval of the chief executive.\n- (a) a repetition by the child of the offence in relation to which the order was made; or\n- (b) the commission by the child of other offences.\n- (a) must relate to the offence for which the probation is made; and\n- (b) must be supported by the court’s written reasons; and\n- (c) must not require the child to wear a monitoring device.","sortOrder":305},{"sectionNumber":"sec.194","sectionType":"section","heading":"Child must be willing to comply","content":"### sec.194 Child must be willing to comply\n\nA court may make a probation order against a child only if the child indicates willingness to comply with the order.\ns 194 amd 2002 No. 39 s 71","sortOrder":306},{"sectionNumber":"pt.7-div.7A","sectionType":"division","heading":"Graffiti removal orders","content":"## Graffiti removal orders","sortOrder":307},{"sectionNumber":"sec.194A","sectionType":"section","heading":"Preconditions to making of graffiti removal order","content":"### sec.194A Preconditions to making of graffiti removal order\n\nA court must make a graffiti removal order against a child found guilty by a court of a graffiti offence unless the court is satisfied that, because of the child’s physical or mental capacity, the child is not capable of complying with the order.\nA court must, when deciding the number of hours of graffiti removal service to order under a graffiti removal order, take into account the age, maturity and abilities of the child against whom the order will be made.\ns 194A ins 2013 No. 31 s 89\n(sec.194A-ssec.1) A court must make a graffiti removal order against a child found guilty by a court of a graffiti offence unless the court is satisfied that, because of the child’s physical or mental capacity, the child is not capable of complying with the order.\n(sec.194A-ssec.2) A court must, when deciding the number of hours of graffiti removal service to order under a graffiti removal order, take into account the age, maturity and abilities of the child against whom the order will be made.","sortOrder":308},{"sectionNumber":"sec.194B","sectionType":"section","heading":"Requirements to be set out in graffiti removal order","content":"### sec.194B Requirements to be set out in graffiti removal order\n\nA graffiti removal order must contain requirements—\nthat the child report in person to the chief executive within 1 business day after the order is made or any longer period that is specified in the order; and\nthat the child perform in a satisfactory way graffiti removal service, directed by the chief executive, for the number of hours specified in the order; and\nthat the child, while performing graffiti removal service, comply with every reasonable direction of the chief executive; and\nthat the child or a parent of the child inform the chief executive of every change in the child’s place of residence within 2 business days of the change; and\nthat the child abstain from violation of the law during the period of the order; and\nthat the child not leave, or stay out of, Queensland during the period of the order without the prior approval of the chief executive.\nAn order may contain a requirement that the child must comply with outside the State.\nAn order may require the child to perform graffiti removal service at a place outside the State.\nThe order may contain a requirement that the child must perform the graffiti removal service within a period starting on the date of the order that is less than 1 year.\nIf a requirement is not imposed under this subsection, the period of 1 year mentioned in section 194D (a) will apply.\nBefore imposing a requirement under subsection (3) , a court must consider what is a reasonable period for the child to perform the graffiti removal in all the circumstances of the case.\ns 194B ins 2013 No. 31 s 89\n(sec.194B-ssec.1) A graffiti removal order must contain requirements— that the child report in person to the chief executive within 1 business day after the order is made or any longer period that is specified in the order; and that the child perform in a satisfactory way graffiti removal service, directed by the chief executive, for the number of hours specified in the order; and that the child, while performing graffiti removal service, comply with every reasonable direction of the chief executive; and that the child or a parent of the child inform the chief executive of every change in the child’s place of residence within 2 business days of the change; and that the child abstain from violation of the law during the period of the order; and that the child not leave, or stay out of, Queensland during the period of the order without the prior approval of the chief executive.\n(sec.194B-ssec.2) An order may contain a requirement that the child must comply with outside the State. An order may require the child to perform graffiti removal service at a place outside the State.\n(sec.194B-ssec.3) The order may contain a requirement that the child must perform the graffiti removal service within a period starting on the date of the order that is less than 1 year. If a requirement is not imposed under this subsection, the period of 1 year mentioned in section 194D (a) will apply.\n(sec.194B-ssec.4) Before imposing a requirement under subsection (3) , a court must consider what is a reasonable period for the child to perform the graffiti removal in all the circumstances of the case.\n- (a) that the child report in person to the chief executive within 1 business day after the order is made or any longer period that is specified in the order; and\n- (b) that the child perform in a satisfactory way graffiti removal service, directed by the chief executive, for the number of hours specified in the order; and\n- (c) that the child, while performing graffiti removal service, comply with every reasonable direction of the chief executive; and\n- (d) that the child or a parent of the child inform the chief executive of every change in the child’s place of residence within 2 business days of the change; and\n- (e) that the child abstain from violation of the law during the period of the order; and\n- (f) that the child not leave, or stay out of, Queensland during the period of the order without the prior approval of the chief executive.","sortOrder":309},{"sectionNumber":"sec.194C","sectionType":"section","heading":"Obligation of chief executive","content":"### sec.194C Obligation of chief executive\n\nThe chief executive, in giving directions to a child in relation to the child’s performance of graffiti removal service, is—\nto avoid, if practicable, conflicts with the religious and cultural beliefs and practices of the child or the child’s parent; and\nto avoid, if practicable, interference with the child’s attendance at a place of employment or a school or other educational or training establishment; and\nto take all steps necessary to ensure that the child, if practicable, is kept apart from any adult under sentence for an offence.\ns 194C ins 2013 No. 31 s 89\n- (a) to avoid, if practicable, conflicts with the religious and cultural beliefs and practices of the child or the child’s parent; and\n- (b) to avoid, if practicable, interference with the child’s attendance at a place of employment or a school or other educational or training establishment; and\n- (c) to take all steps necessary to ensure that the child, if practicable, is kept apart from any adult under sentence for an offence.","sortOrder":310},{"sectionNumber":"sec.194D","sectionType":"section","heading":"Graffiti removal service to be performed within limited period","content":"### sec.194D Graffiti removal service to be performed within limited period\n\nSubject to section 180A , a child against whom a graffiti removal order is made must perform the number of hours of graffiti removal service specified in the order—\nwithin the period of 1 year starting on the date of the order or, if the order states a lesser period, the lesser period; or\nwithin any extended period that a court may order under section 245 (1) (aa) (ii) or 247 ; or\nwithin any extended period allowed by order of the proper officer of the court under section 252 .\ns 194D ins 2013 No. 31 s 89\namd 2014 No. 9 s 10\n- (a) within the period of 1 year starting on the date of the order or, if the order states a lesser period, the lesser period; or\n- (b) within any extended period that a court may order under section 245 (1) (aa) (ii) or 247 ; or\n- (c) within any extended period allowed by order of the proper officer of the court under section 252 .","sortOrder":311},{"sectionNumber":"sec.194E","sectionType":"section","heading":"Multiple offences dealt with together","content":"### sec.194E Multiple offences dealt with together\n\nA court—\nif a child is found guilty of 2 or more graffiti offences in the same proceeding—\nmust make at least 1 graffiti removal order against the child; and\nmay make more than 1 graffiti removal order against the child; and\nif a child is found guilty of 2 or more offences in the same proceeding, one of which is a graffiti offence—must make a graffiti removal order against the child.\nThis section does not limit section 176A .\ns 194E ins 2013 No. 31 s 89\n(sec.194E-ssec.1) A court— if a child is found guilty of 2 or more graffiti offences in the same proceeding— must make at least 1 graffiti removal order against the child; and may make more than 1 graffiti removal order against the child; and if a child is found guilty of 2 or more offences in the same proceeding, one of which is a graffiti offence—must make a graffiti removal order against the child.\n(sec.194E-ssec.2) This section does not limit section 176A .\n- (a) if a child is found guilty of 2 or more graffiti offences in the same proceeding— (i) must make at least 1 graffiti removal order against the child; and (ii) may make more than 1 graffiti removal order against the child; and\n- (i) must make at least 1 graffiti removal order against the child; and\n- (ii) may make more than 1 graffiti removal order against the child; and\n- (b) if a child is found guilty of 2 or more offences in the same proceeding, one of which is a graffiti offence—must make a graffiti removal order against the child.\n- (i) must make at least 1 graffiti removal order against the child; and\n- (ii) may make more than 1 graffiti removal order against the child; and","sortOrder":312},{"sectionNumber":"sec.194F","sectionType":"section","heading":"Limitation on number of hours of graffiti removal service for multiple graffiti offences","content":"### sec.194F Limitation on number of hours of graffiti removal service for multiple graffiti offences\n\nThis section applies if—\na court makes 1 or more graffiti removal orders against a child found guilty of 2 or more graffiti offences, whether or not the child is also found guilty of any other offence; and\nthe child is not subject to an existing graffiti removal order.\nThe total number of hours of graffiti removal service specified in the order, or orders, must not be more than the maximum appropriate to the child allowed by section 176A (3) for 1 graffiti offence.\ns 194F ins 2013 No. 31 s 89\n(sec.194F-ssec.1) This section applies if— a court makes 1 or more graffiti removal orders against a child found guilty of 2 or more graffiti offences, whether or not the child is also found guilty of any other offence; and the child is not subject to an existing graffiti removal order.\n(sec.194F-ssec.2) The total number of hours of graffiti removal service specified in the order, or orders, must not be more than the maximum appropriate to the child allowed by section 176A (3) for 1 graffiti offence.\n- (a) a court makes 1 or more graffiti removal orders against a child found guilty of 2 or more graffiti offences, whether or not the child is also found guilty of any other offence; and\n- (b) the child is not subject to an existing graffiti removal order.","sortOrder":313},{"sectionNumber":"sec.194G","sectionType":"section","heading":"Limitation on number of hours of unpaid service","content":"### sec.194G Limitation on number of hours of unpaid service\n\nThis section applies if—\na court makes 1 or more graffiti removal orders and 1 or more community service orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and\nthe child is not subject to an existing graffiti removal order or an existing community service order.\nThe total number of hours of unpaid service specified in the orders must not be more than the maximum number of hours of community service, appropriate to the child, allowed by section 175 (1) (e) for 1 offence.\ns 194G ins 2013 No. 31 s 89\n(sec.194G-ssec.1) This section applies if— a court makes 1 or more graffiti removal orders and 1 or more community service orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and the child is not subject to an existing graffiti removal order or an existing community service order.\n(sec.194G-ssec.2) The total number of hours of unpaid service specified in the orders must not be more than the maximum number of hours of community service, appropriate to the child, allowed by section 175 (1) (e) for 1 offence.\n- (a) a court makes 1 or more graffiti removal orders and 1 or more community service orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and\n- (b) the child is not subject to an existing graffiti removal order or an existing community service order.","sortOrder":314},{"sectionNumber":"sec.194H","sectionType":"section","heading":"Limitation on number of hours of graffiti removal service when there is unperformed graffiti removal service","content":"### sec.194H Limitation on number of hours of graffiti removal service when there is unperformed graffiti removal service\n\nThis section applies if—\na court makes 1 or more graffiti removal orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and\nthe child is subject to 1 or more existing graffiti removal orders.\nSubject to subsection (3) , the number of hours of unperformed graffiti removal service and the number of hours of graffiti removal service ordered for the graffiti offence, or offences, mentioned in subsection (1) (a) must not, when added together, total more than the maximum number of hours of graffiti removal service, appropriate to the child, allowed by section 176A (3) for 1 graffiti offence.\nIf the number of hours of unperformed graffiti removal service equals the maximum number of hours of graffiti removal service, appropriate to the child, allowed by section 176A (3) for 1 graffiti offence, the graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) must be performed concurrently with the unperformed graffiti removal service.\ns 194H ins 2013 No. 31 s 89\n(sec.194H-ssec.1) This section applies if— a court makes 1 or more graffiti removal orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and the child is subject to 1 or more existing graffiti removal orders.\n(sec.194H-ssec.2) Subject to subsection (3) , the number of hours of unperformed graffiti removal service and the number of hours of graffiti removal service ordered for the graffiti offence, or offences, mentioned in subsection (1) (a) must not, when added together, total more than the maximum number of hours of graffiti removal service, appropriate to the child, allowed by section 176A (3) for 1 graffiti offence.\n(sec.194H-ssec.3) If the number of hours of unperformed graffiti removal service equals the maximum number of hours of graffiti removal service, appropriate to the child, allowed by section 176A (3) for 1 graffiti offence, the graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) must be performed concurrently with the unperformed graffiti removal service.\n- (a) a court makes 1 or more graffiti removal orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and\n- (b) the child is subject to 1 or more existing graffiti removal orders.","sortOrder":315},{"sectionNumber":"sec.194I","sectionType":"section","heading":"Limitation on number of hours of graffiti removal service when there is unperformed unpaid service","content":"### sec.194I Limitation on number of hours of graffiti removal service when there is unperformed unpaid service\n\nThis section applies if—\na court makes 1 or more graffiti removal orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and\nthe child is subject to either of the following—\n1 or more existing community service orders;\n1 or more existing graffiti removal orders and 1 or more existing community service orders.\nSubject to subsection (3) , the number of hours of unperformed unpaid service and the number of hours of graffiti removal service ordered for the graffiti offence, or offences, mentioned in subsection (1) (a) must not, when added together, total more than the maximum number of hours of community service, appropriate to the child, allowed by section 175 (1) (e) for 1 offence.\nIf the number of hours of unperformed unpaid service equals the maximum number of hours of community service, appropriate to the child, allowed by section 175 (1) (e) for 1 offence, then the graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) —\nmust be performed concurrently with any unperformed graffiti removal service to the extent that the number of hours of graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) is, when added to the number of hours of unperformed graffiti removal service, more than the maximum number of hours of graffiti removal service, appropriate to the child, allowed by section 176A (3) for 1 graffiti offence; or\nto the extent that paragraph (a) does not apply—must, when it is performed by the child, be taken to be both—\ncommunity service performed under 1 or more of the existing community service orders; and\ngraffiti removal service performed under the graffiti removal order made by the court for the offence.\nFor subsection (3) (b) , the chief executive must—\nsubject to any order of the court, identify the existing community service order, or orders, in relation to which the graffiti removal service is taken to have been performed; and\nnotify the child in writing of the matter mentioned in paragraph (a) .\ns 194I ins 2013 No. 31 s 89\n(sec.194I-ssec.1) This section applies if— a court makes 1 or more graffiti removal orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and the child is subject to either of the following— 1 or more existing community service orders; 1 or more existing graffiti removal orders and 1 or more existing community service orders.\n(sec.194I-ssec.2) Subject to subsection (3) , the number of hours of unperformed unpaid service and the number of hours of graffiti removal service ordered for the graffiti offence, or offences, mentioned in subsection (1) (a) must not, when added together, total more than the maximum number of hours of community service, appropriate to the child, allowed by section 175 (1) (e) for 1 offence.\n(sec.194I-ssec.3) If the number of hours of unperformed unpaid service equals the maximum number of hours of community service, appropriate to the child, allowed by section 175 (1) (e) for 1 offence, then the graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) — must be performed concurrently with any unperformed graffiti removal service to the extent that the number of hours of graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) is, when added to the number of hours of unperformed graffiti removal service, more than the maximum number of hours of graffiti removal service, appropriate to the child, allowed by section 176A (3) for 1 graffiti offence; or to the extent that paragraph (a) does not apply—must, when it is performed by the child, be taken to be both— community service performed under 1 or more of the existing community service orders; and graffiti removal service performed under the graffiti removal order made by the court for the offence.\n(sec.194I-ssec.4) For subsection (3) (b) , the chief executive must— subject to any order of the court, identify the existing community service order, or orders, in relation to which the graffiti removal service is taken to have been performed; and notify the child in writing of the matter mentioned in paragraph (a) .\n- (a) a court makes 1 or more graffiti removal orders against a child found guilty of 1 or more graffiti offences, whether or not the child is also found guilty of any other offence; and\n- (b) the child is subject to either of the following— (i) 1 or more existing community service orders; (ii) 1 or more existing graffiti removal orders and 1 or more existing community service orders.\n- (i) 1 or more existing community service orders;\n- (ii) 1 or more existing graffiti removal orders and 1 or more existing community service orders.\n- (i) 1 or more existing community service orders;\n- (ii) 1 or more existing graffiti removal orders and 1 or more existing community service orders.\n- (a) must be performed concurrently with any unperformed graffiti removal service to the extent that the number of hours of graffiti removal service ordered to be served for the graffiti offence, or offences, mentioned in subsection (1) (a) is, when added to the number of hours of unperformed graffiti removal service, more than the maximum number of hours of graffiti removal service, appropriate to the child, allowed by section 176A (3) for 1 graffiti offence; or\n- (b) to the extent that paragraph (a) does not apply—must, when it is performed by the child, be taken to be both— (i) community service performed under 1 or more of the existing community service orders; and (ii) graffiti removal service performed under the graffiti removal order made by the court for the offence.\n- (i) community service performed under 1 or more of the existing community service orders; and\n- (ii) graffiti removal service performed under the graffiti removal order made by the court for the offence.\n- (i) community service performed under 1 or more of the existing community service orders; and\n- (ii) graffiti removal service performed under the graffiti removal order made by the court for the offence.\n- (a) subject to any order of the court, identify the existing community service order, or orders, in relation to which the graffiti removal service is taken to have been performed; and\n- (b) notify the child in writing of the matter mentioned in paragraph (a) .","sortOrder":316},{"sectionNumber":"sec.194J","sectionType":"section","heading":"Unpaid service to be performed cumulatively","content":"### sec.194J Unpaid service to be performed cumulatively\n\nAll unpaid service to which the following sections apply is to be performed cumulatively unless the court orders otherwise—\nsection 194F , subject to subsection (2) of that section;\nsection 194G , subject to subsection (2) of that section;\nsection 194H , subject to subsections (2) and (3) of that section;\nsection 194I , subject to subsections (2) and (3) of that section.\ns 194J ins 2013 No. 31 s 89\n- (a) section 194F , subject to subsection (2) of that section;\n- (b) section 194G , subject to subsection (2) of that section;\n- (c) section 194H , subject to subsections (2) and (3) of that section;\n- (d) section 194I , subject to subsections (2) and (3) of that section.","sortOrder":317},{"sectionNumber":"sec.194K","sectionType":"section","heading":"Cumulative effect of child and adult orders","content":"### sec.194K Cumulative effect of child and adult orders\n\nThis section applies if a person is subject to 1 or more of the following orders—\na graffiti removal order under this Act;\na community service order under this Act;\na graffiti removal order under the Penalties and Sentences Act 1992 ;\na community service order under the Penalties and Sentences Act 1992 .\nTo the extent that the total number of hours of service to which the person is subject under all of the orders is more than the maximum number of hours of unpaid service applicable to the person under this division or division 8 or under the Penalties and Sentences Act 1992 , part 5 or 5A , the order or orders made by the court is or are of no effect.\nThe hours of service in each order to which the person is subject are cumulative on the hours in each other order to which the person is subject, unless the court that makes the order directs otherwise.\ns 194K ins 2013 No. 31 s 89\n(sec.194K-ssec.1) This section applies if a person is subject to 1 or more of the following orders— a graffiti removal order under this Act; a community service order under this Act; a graffiti removal order under the Penalties and Sentences Act 1992 ; a community service order under the Penalties and Sentences Act 1992 .\n(sec.194K-ssec.2) To the extent that the total number of hours of service to which the person is subject under all of the orders is more than the maximum number of hours of unpaid service applicable to the person under this division or division 8 or under the Penalties and Sentences Act 1992 , part 5 or 5A , the order or orders made by the court is or are of no effect.\n(sec.194K-ssec.3) The hours of service in each order to which the person is subject are cumulative on the hours in each other order to which the person is subject, unless the court that makes the order directs otherwise.\n- (a) a graffiti removal order under this Act;\n- (b) a community service order under this Act;\n- (c) a graffiti removal order under the Penalties and Sentences Act 1992 ;\n- (d) a community service order under the Penalties and Sentences Act 1992 .","sortOrder":318},{"sectionNumber":"sec.194L","sectionType":"section","heading":"Ending of graffiti removal order","content":"### sec.194L Ending of graffiti removal order\n\nA graffiti removal order made against a child remains in effect until—\nthe child has performed graffiti removal service in accordance with the requirements specified under section 194B (1) (b) and (c) for the number of hours specified in the order; or\nthe order is discharged under section 245 or 247 ; or\nthe expiry of the period within which the graffiti removal service is required to be performed under section 194D ;\nwhichever first happens.\ns 194L ins 2013 No. 31 s 89\n- (a) the child has performed graffiti removal service in accordance with the requirements specified under section 194B (1) (b) and (c) for the number of hours specified in the order; or\n- (b) the order is discharged under section 245 or 247 ; or\n- (c) the expiry of the period within which the graffiti removal service is required to be performed under section 194D ;","sortOrder":319},{"sectionNumber":"pt.7-div.8","sectionType":"division","heading":"Community service orders","content":"## Community service orders","sortOrder":320},{"sectionNumber":"sec.195","sectionType":"section","heading":"Preconditions to making of community service order","content":"### sec.195 Preconditions to making of community service order\n\nA court may make a community service order against a child only if—\nthe child indicates willingness to comply with the order; and\nthe court is satisfied that the child is a suitable person to perform community service; and\nthe court is satisfied on consideration of a report by the chief executive that community service of a suitable nature can be provided for the child.\ns 195 amd 2002 No. 39 s 73\n- (a) the child indicates willingness to comply with the order; and\n- (b) the court is satisfied that the child is a suitable person to perform community service; and\n- (c) the court is satisfied on consideration of a report by the chief executive that community service of a suitable nature can be provided for the child.","sortOrder":321},{"sectionNumber":"sec.196","sectionType":"section","heading":"Requirements to be set out in community service order","content":"### sec.196 Requirements to be set out in community service order\n\nA community service order must contain requirements—\nthat the child report in person to the chief executive within 1 business day after the order is made or any longer period that is specified in the order; and\nthat the child perform in a satisfactory way for the number of hours specified in the order the community service that the chief executive directs the child to perform; and\nthat the child, while performing community service, comply with every reasonable direction of the chief executive; and\nthat the child or a parent of the child inform the chief executive of every change in the child’s place of residence within 2 business days of the change; and\nthat the child abstain from violation of the law during the period of the order; and\nthat the child not leave, or stay out of, Queensland during the period of the order without the prior approval of the chief executive.\nAn order may contain a requirement that the child must comply with outside the State.\nAn order may require the child to perform a community service at a place outside the State.\nIf the order is for less than 50 hours of community service, the order may contain a requirement that the child must perform the community service within a period starting on the date of the order that is less than 1 year.\nIf a requirement is not imposed under this subsection, the period of 1 year mentioned in section 198 (a) (i) will apply.\nBefore imposing a requirement under subsection (3) , a court must consider what is a reasonable period for the child to perform the community service in all the circumstances of the case.\ns 196 amd 2002 No. 39 s 74 ; 2009 No. 34 s 27\n(sec.196-ssec.1) A community service order must contain requirements— that the child report in person to the chief executive within 1 business day after the order is made or any longer period that is specified in the order; and that the child perform in a satisfactory way for the number of hours specified in the order the community service that the chief executive directs the child to perform; and that the child, while performing community service, comply with every reasonable direction of the chief executive; and that the child or a parent of the child inform the chief executive of every change in the child’s place of residence within 2 business days of the change; and that the child abstain from violation of the law during the period of the order; and that the child not leave, or stay out of, Queensland during the period of the order without the prior approval of the chief executive.\n(sec.196-ssec.2) An order may contain a requirement that the child must comply with outside the State. An order may require the child to perform a community service at a place outside the State.\n(sec.196-ssec.3) If the order is for less than 50 hours of community service, the order may contain a requirement that the child must perform the community service within a period starting on the date of the order that is less than 1 year. If a requirement is not imposed under this subsection, the period of 1 year mentioned in section 198 (a) (i) will apply.\n(sec.196-ssec.4) Before imposing a requirement under subsection (3) , a court must consider what is a reasonable period for the child to perform the community service in all the circumstances of the case.\n- (a) that the child report in person to the chief executive within 1 business day after the order is made or any longer period that is specified in the order; and\n- (b) that the child perform in a satisfactory way for the number of hours specified in the order the community service that the chief executive directs the child to perform; and\n- (c) that the child, while performing community service, comply with every reasonable direction of the chief executive; and\n- (d) that the child or a parent of the child inform the chief executive of every change in the child’s place of residence within 2 business days of the change; and\n- (e) that the child abstain from violation of the law during the period of the order; and\n- (f) that the child not leave, or stay out of, Queensland during the period of the order without the prior approval of the chief executive.","sortOrder":322},{"sectionNumber":"sec.197","sectionType":"section","heading":"Obligation of chief executive","content":"### sec.197 Obligation of chief executive\n\nThe chief executive, in giving directions to a child in relation to the child’s performance of community service, is—\nto avoid, if practicable, conflicts with the religious and cultural beliefs and practices of the child or the child’s parent; and\nto avoid, if practicable, interference with the child’s attendance at a place of employment or a school or other educational or training establishment; and\nto take all steps necessary to ensure that the child, if practicable, is kept apart from any adult under sentence for an offence.\n- (a) to avoid, if practicable, conflicts with the religious and cultural beliefs and practices of the child or the child’s parent; and\n- (b) to avoid, if practicable, interference with the child’s attendance at a place of employment or a school or other educational or training establishment; and\n- (c) to take all steps necessary to ensure that the child, if practicable, is kept apart from any adult under sentence for an offence.","sortOrder":323},{"sectionNumber":"sec.198","sectionType":"section","heading":"Community service to be performed within limited period","content":"### sec.198 Community service to be performed within limited period\n\nA child against whom a community service order is made must perform the number of hours of community service specified in the order—\nwithin—\nfor a community service order of less than 50 hours—the period of 1 year starting on the date of the order or, if the order states a lesser period, the lesser period; or\notherwise—the period of 1 year starting on the date of the order; or\nwithin any extended period that a court may order under section 245 (1) (b) (ii) or 247 ; or\nany extended period allowed by order of the proper officer of the court under section 252 .\ns 198 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 52 ; 2002 No. 39 s 75 ; 2009 No. 34 s 28 ; 2014 No. 9 s 11\n- (a) within— (i) for a community service order of less than 50 hours—the period of 1 year starting on the date of the order or, if the order states a lesser period, the lesser period; or (ii) otherwise—the period of 1 year starting on the date of the order; or\n- (i) for a community service order of less than 50 hours—the period of 1 year starting on the date of the order or, if the order states a lesser period, the lesser period; or\n- (ii) otherwise—the period of 1 year starting on the date of the order; or\n- (b) within any extended period that a court may order under section 245 (1) (b) (ii) or 247 ; or\n- (c) any extended period allowed by order of the proper officer of the court under section 252 .\n- (i) for a community service order of less than 50 hours—the period of 1 year starting on the date of the order or, if the order states a lesser period, the lesser period; or\n- (ii) otherwise—the period of 1 year starting on the date of the order; or","sortOrder":324},{"sectionNumber":"sec.199","sectionType":"section","heading":"Multiple or successive community service orders","content":"### sec.199 Multiple or successive community service orders\n\nA court—\nmay make 2 or more community service orders against a child in respect of 2 or more offences; and\nmay make a community service order against a child who is already subject to an existing community service order.\n- (a) may make 2 or more community service orders against a child in respect of 2 or more offences; and\n- (b) may make a community service order against a child who is already subject to an existing community service order.","sortOrder":325},{"sectionNumber":"sec.200","sectionType":"section","heading":"Limitation on number of hours of community service","content":"### sec.200 Limitation on number of hours of community service\n\nSubject to subsections (2) and (3) , the community service hours specified in a community service order must not be less than 20.\nIf—\na court makes 2 or more community service orders against a child found guilty of 2 or more offences; and\nthe child is not subject to an existing community service order;\nthe total of the community service hours specified in the orders must not be less than 20 or more than the maximum appropriate to the child allowed by section 175 (1) (e) for 1 offence.\nIf—\na court makes 1 or more community service orders against a child; and\nthe child is subject to 1 or more existing community service orders;\nthe total of the community service hours specified in all the orders, less the number of hours for which the child has performed community service under the existing order or orders, must not be less than 20 or more than the maximum appropriate to the child allowed by section 175 (1) (e) for 1 offence.\nTo the extent that the total exceeds the maximum allowed, the order or orders made by the court is or are of no effect.\nThe community service hours in each community service order made against a child are cumulative on the hours in each other community service order made against the child, unless the court that makes a community service order directs otherwise.\ns 200 amd 2003 No. 57 s 39 (1) – (2) sch 3 ; 2009 No. 34 s 29\n(sec.200-ssec.1) Subject to subsections (2) and (3) , the community service hours specified in a community service order must not be less than 20.\n(sec.200-ssec.2) If— a court makes 2 or more community service orders against a child found guilty of 2 or more offences; and the child is not subject to an existing community service order; the total of the community service hours specified in the orders must not be less than 20 or more than the maximum appropriate to the child allowed by section 175 (1) (e) for 1 offence.\n(sec.200-ssec.3) If— a court makes 1 or more community service orders against a child; and the child is subject to 1 or more existing community service orders; the total of the community service hours specified in all the orders, less the number of hours for which the child has performed community service under the existing order or orders, must not be less than 20 or more than the maximum appropriate to the child allowed by section 175 (1) (e) for 1 offence.\n(sec.200-ssec.4) To the extent that the total exceeds the maximum allowed, the order or orders made by the court is or are of no effect.\n(sec.200-ssec.5) The community service hours in each community service order made against a child are cumulative on the hours in each other community service order made against the child, unless the court that makes a community service order directs otherwise.\n- (a) a court makes 2 or more community service orders against a child found guilty of 2 or more offences; and\n- (b) the child is not subject to an existing community service order;\n- (a) a court makes 1 or more community service orders against a child; and\n- (b) the child is subject to 1 or more existing community service orders;","sortOrder":326},{"sectionNumber":"sec.201","sectionType":"section","heading":"Cumulative effect of child and adult community service orders","content":"### sec.201 Cumulative effect of child and adult community service orders\n\nThis section applies if—\na court makes a community service order against a person; and\nthe person is already subject to 1 or more existing community service orders; and\non the making of the order, the person will be subject to an adult community service order and a child community service order.\nThe order mentioned in subsection (1) (a) is of no effect to the extent that the total number of hours of community service under all the community service orders to which the person will be subject, less the number of hours for which the person has performed community service under the existing order or orders, is more than the maximum number of hours of community service an adult may be ordered to perform.\nIn this section—\nadult community service order means a community service order made against a person under the Penalties and Sentences Act 1992 for an offence committed by the person as an adult.\nchild community service order means a community service order made against a person under this Act for an offence committed by the person as a child.\ncommunity service order means an adult community service order or child community service order.\ns 201 ins 2002 No. 39 s 76\n(sec.201-ssec.1) This section applies if— a court makes a community service order against a person; and the person is already subject to 1 or more existing community service orders; and on the making of the order, the person will be subject to an adult community service order and a child community service order.\n(sec.201-ssec.2) The order mentioned in subsection (1) (a) is of no effect to the extent that the total number of hours of community service under all the community service orders to which the person will be subject, less the number of hours for which the person has performed community service under the existing order or orders, is more than the maximum number of hours of community service an adult may be ordered to perform.\n(sec.201-ssec.3) In this section— adult community service order means a community service order made against a person under the Penalties and Sentences Act 1992 for an offence committed by the person as an adult. child community service order means a community service order made against a person under this Act for an offence committed by the person as a child. community service order means an adult community service order or child community service order.\n- (a) a court makes a community service order against a person; and\n- (b) the person is already subject to 1 or more existing community service orders; and\n- (c) on the making of the order, the person will be subject to an adult community service order and a child community service order.","sortOrder":327},{"sectionNumber":"sec.202","sectionType":"section","heading":"Ending of community service order","content":"### sec.202 Ending of community service order\n\nA community service order made against a child remains in effect until—\nthe child has performed community service in accordance with the requirements specified under section 196 (1) (b) and (c) for the number of hours specified in the order; or\nthe order is discharged under section 245 or 247 ; or\nthe expiry of the period within which the community service is required to be performed under section 198 ;\nwhichever first happens.\ns 202 prev s 202 om 1996 No. 22 s 65\npres s 202 amd 2002 No. 39 s 77\n- (a) the child has performed community service in accordance with the requirements specified under section 196 (1) (b) and (c) for the number of hours specified in the order; or\n- (b) the order is discharged under section 245 or 247 ; or\n- (c) the expiry of the period within which the community service is required to be performed under section 198 ;","sortOrder":328},{"sectionNumber":"pt.7-div.9","sectionType":"division","heading":"Intensive supervision order","content":"## Intensive supervision order","sortOrder":329},{"sectionNumber":"sec.203","sectionType":"section","heading":"Preconditions to making of intensive supervision order","content":"### sec.203 Preconditions to making of intensive supervision order\n\nA court may make an intensive supervision order for a child only if—\nthe child expresses willingness to comply with the order; and\nthe court has ordered a pre-sentence report and considered the report; and\nthe court considers the child, unless subject to an intensive period of supervision and support in the community, is likely to commit further offences having regard to the following—\nthe number of offences committed by the child, including the child’s criminal history;\nthe circumstances of the offences;\nthe circumstances of the child;\nwhether other sentence orders have not or are unlikely to stop the child from committing further offences.\nThe pre-sentence report mentioned in subsection (1) (b) must include comments—\noutlining the potential suitability of the child for an intensive supervision order; and\nadvising whether an appropriate intensive supervision program is available for the child.\ns 203 amd 1996 No. 22 s 53\nsub 2002 No. 39 s 78\n(sec.203-ssec.1) A court may make an intensive supervision order for a child only if— the child expresses willingness to comply with the order; and the court has ordered a pre-sentence report and considered the report; and the court considers the child, unless subject to an intensive period of supervision and support in the community, is likely to commit further offences having regard to the following— the number of offences committed by the child, including the child’s criminal history; the circumstances of the offences; the circumstances of the child; whether other sentence orders have not or are unlikely to stop the child from committing further offences.\n(sec.203-ssec.2) The pre-sentence report mentioned in subsection (1) (b) must include comments— outlining the potential suitability of the child for an intensive supervision order; and advising whether an appropriate intensive supervision program is available for the child.\n- (a) the child expresses willingness to comply with the order; and\n- (b) the court has ordered a pre-sentence report and considered the report; and\n- (c) the court considers the child, unless subject to an intensive period of supervision and support in the community, is likely to commit further offences having regard to the following— (i) the number of offences committed by the child, including the child’s criminal history; (ii) the circumstances of the offences; (iii) the circumstances of the child; (iv) whether other sentence orders have not or are unlikely to stop the child from committing further offences.\n- (i) the number of offences committed by the child, including the child’s criminal history;\n- (ii) the circumstances of the offences;\n- (iii) the circumstances of the child;\n- (iv) whether other sentence orders have not or are unlikely to stop the child from committing further offences.\n- (i) the number of offences committed by the child, including the child’s criminal history;\n- (ii) the circumstances of the offences;\n- (iii) the circumstances of the child;\n- (iv) whether other sentence orders have not or are unlikely to stop the child from committing further offences.\n- (a) outlining the potential suitability of the child for an intensive supervision order; and\n- (b) advising whether an appropriate intensive supervision program is available for the child.","sortOrder":330},{"sectionNumber":"sec.204","sectionType":"section","heading":"Intensive supervision order—requirements","content":"### sec.204 Intensive supervision order—requirements\n\nAn intensive supervision order must require—\nthat the child participate as directed by the chief executive in a program (the intensive supervision program ) for the period decided under section 175 (1) (f) (the program period ); and\nthat, during the period of the order—\nthe child abstain from violation of the law; and\nthe child comply with every reasonable direction of the chief executive; and\nthe child report and receive visits as directed by the chief executive; and\nthe child or a parent of the child notify the chief executive within 2 business days of any change of address or school; and\nthe child not leave, or stay out of, Queensland without the prior approval of the chief executive.\nAn intensive supervision order made for the child may contain requirements that the child comply, during the whole or a part of the period of the order, with conditions that the court considers necessary for preventing a repetition by the child of the offence for which the order was made or the commission by the child of other offences.\na condition imposing a curfew on the child\nAn order may contain a requirement that the child must comply with outside the State.\nAn order may require the child to attend a particular educational establishment that is located outside the State.\nA requirement imposed by a court under subsection (2) —\nmust relate to the offence for which the order was made; and\nmust be supported by the court’s written reasons; and\nmust not require the child to wear a monitoring device.\ns 204 prev s 204 amd 1996 No. 22 s 3 sch 1 ; 1998 No. 39 s 43 ; 1999 No. 9 s 3 sch\nom 2000 No. 60 s 175 sch 3\npres s 204 amd 1999 No. 19 s 3 sch\nsub 2002 No. 39 s 78\namd 2009 No. 34 s 30 ; 2019 No. 23 s 22 ; 2021 No. 9 s 29A\n(sec.204-ssec.1) An intensive supervision order must require— that the child participate as directed by the chief executive in a program (the intensive supervision program ) for the period decided under section 175 (1) (f) (the program period ); and that, during the period of the order— the child abstain from violation of the law; and the child comply with every reasonable direction of the chief executive; and the child report and receive visits as directed by the chief executive; and the child or a parent of the child notify the chief executive within 2 business days of any change of address or school; and the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n(sec.204-ssec.2) An intensive supervision order made for the child may contain requirements that the child comply, during the whole or a part of the period of the order, with conditions that the court considers necessary for preventing a repetition by the child of the offence for which the order was made or the commission by the child of other offences. a condition imposing a curfew on the child\n(sec.204-ssec.3) An order may contain a requirement that the child must comply with outside the State. An order may require the child to attend a particular educational establishment that is located outside the State.\n(sec.204-ssec.4) A requirement imposed by a court under subsection (2) — must relate to the offence for which the order was made; and must be supported by the court’s written reasons; and must not require the child to wear a monitoring device.\n- (a) that the child participate as directed by the chief executive in a program (the intensive supervision program ) for the period decided under section 175 (1) (f) (the program period ); and\n- (b) that, during the period of the order— (i) the child abstain from violation of the law; and (ii) the child comply with every reasonable direction of the chief executive; and (iii) the child report and receive visits as directed by the chief executive; and (iv) the child or a parent of the child notify the chief executive within 2 business days of any change of address or school; and (v) the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n- (i) the child abstain from violation of the law; and\n- (ii) the child comply with every reasonable direction of the chief executive; and\n- (iii) the child report and receive visits as directed by the chief executive; and\n- (iv) the child or a parent of the child notify the chief executive within 2 business days of any change of address or school; and\n- (v) the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n- (i) the child abstain from violation of the law; and\n- (ii) the child comply with every reasonable direction of the chief executive; and\n- (iii) the child report and receive visits as directed by the chief executive; and\n- (iv) the child or a parent of the child notify the chief executive within 2 business days of any change of address or school; and\n- (v) the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n- (a) must relate to the offence for which the order was made; and\n- (b) must be supported by the court’s written reasons; and\n- (c) must not require the child to wear a monitoring device.","sortOrder":331},{"sectionNumber":"sec.205","sectionType":"section","heading":"Program period","content":"### sec.205 Program period\n\nThe program period of a child’s intensive supervision program starts when the intensive supervision order is made and ends at the later of the following times—\nthe end of the last day of the period of the intensive supervision order;\nif the intensive supervision program was suspended for part or all of any days (the suspended days )—the end of the last day that is the last day of the period of the order and, additionally, the number of suspended days.\nIf, at the time a court makes an intensive supervision order for a child—\nanother intensive supervision order has already been made against the child; and\nthe intensive supervision program under the other order has not ended;\nthe period when the child is subject to both intensive supervision programs is counted concurrently.\ns 205 prev s 205 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 67 ; 1998 No. 39 s 44\nom 2000 No. 60 s 175 sch 3\npres s 205 amd 1999 No. 19 s 3 sch\nsub 2002 No. 39 s 78\n(sec.205-ssec.1) The program period of a child’s intensive supervision program starts when the intensive supervision order is made and ends at the later of the following times— the end of the last day of the period of the intensive supervision order; if the intensive supervision program was suspended for part or all of any days (the suspended days )—the end of the last day that is the last day of the period of the order and, additionally, the number of suspended days.\n(sec.205-ssec.2) If, at the time a court makes an intensive supervision order for a child— another intensive supervision order has already been made against the child; and the intensive supervision program under the other order has not ended; the period when the child is subject to both intensive supervision programs is counted concurrently.\n- (a) the end of the last day of the period of the intensive supervision order;\n- (b) if the intensive supervision program was suspended for part or all of any days (the suspended days )—the end of the last day that is the last day of the period of the order and, additionally, the number of suspended days.\n- (a) another intensive supervision order has already been made against the child; and\n- (b) the intensive supervision program under the other order has not ended;","sortOrder":332},{"sectionNumber":"sec.206","sectionType":"section","heading":"Suspension of intensive supervision program","content":"### sec.206 Suspension of intensive supervision program\n\nIf, during the program period, a child for good reason is unable to participate in the intensive supervision program, the chief executive may, by written notice given to the child, suspend the intensive supervision program for a specified period.\nThe period for which the intensive supervision program is suspended is not to be counted as part of the program period.\ns 206 prev s 206 amd 1996 No. 22 s 68 ; 1998 No. 39 s 45\nom 2000 No. 60 s 175 sch 3\npres s 206 amd 1996 No. 22 s 54\nsub 2002 No. 39 s 78\n(sec.206-ssec.1) If, during the program period, a child for good reason is unable to participate in the intensive supervision program, the chief executive may, by written notice given to the child, suspend the intensive supervision program for a specified period.\n(sec.206-ssec.2) The period for which the intensive supervision program is suspended is not to be counted as part of the program period.","sortOrder":333},{"sectionNumber":"pt.7-div.9A","sectionType":"division","heading":null,"content":"","sortOrder":334},{"sectionNumber":"sec.206A","sectionType":"section","heading":null,"content":"### Section sec.206A\n\ns 206A ins 2014 No. 9 s 11A\nom 2016 No. 38 s 25","sortOrder":335},{"sectionNumber":"sec.206B","sectionType":"section","heading":null,"content":"### Section sec.206B\n\ns 206B ins 2014 No. 9 s 11A\nom 2016 No. 38 s 25","sortOrder":336},{"sectionNumber":"pt.7-div.10","sectionType":"division","heading":"Detention order","content":"## Detention order","sortOrder":337},{"sectionNumber":"sec.207","sectionType":"section","heading":"Pre-sentence report must be obtained before detention order sentence","content":"### sec.207 Pre-sentence report must be obtained before detention order sentence\n\nA court may make a detention order against a child only if it has first—\nordered the chief executive to prepare a pre-sentence report; and\nreceived and considered the report.\n- (a) ordered the chief executive to prepare a pre-sentence report; and\n- (b) received and considered the report.","sortOrder":338},{"sectionNumber":"sec.208","sectionType":"section","heading":null,"content":"### Section sec.208\n\ns 208 orig s 208 om 2014 No. 9 s 12\nprev s 208 ins 2016 No. 38 s 26\nom 2024 No. 54 s 24","sortOrder":339},{"sectionNumber":"sec.209","sectionType":"section","heading":"Court’s reasons for detention order to be stated and recorded","content":"### sec.209 Court’s reasons for detention order to be stated and recorded\n\nA court that makes a detention order against a child must—\nstate its reasons in court; and\ncause the reasons to be reduced to writing and kept by the proper officer of the court with the documents relating to the proceeding.\nHowever, a court need not comply with subsection (1) (b) if the reasons are recorded under the Recording of Evidence Act 1962 .\nSubject to subsection (4) , a court’s failure to comply with subsection (1) does not affect the sentence order.\nA court considering the sentence order on appeal or review must take into account a failure to comply with subsection (1) (a) and give the failure the weight it considers appropriate.\ns 209 amd 2014 No. 9 s 12A ; 2016 No. 38 s 27 ; 2024 No. 47 s 77\n(sec.209-ssec.1) A court that makes a detention order against a child must— state its reasons in court; and cause the reasons to be reduced to writing and kept by the proper officer of the court with the documents relating to the proceeding.\n(sec.209-ssec.2) However, a court need not comply with subsection (1) (b) if the reasons are recorded under the Recording of Evidence Act 1962 .\n(sec.209-ssec.3) Subject to subsection (4) , a court’s failure to comply with subsection (1) does not affect the sentence order.\n(sec.209-ssec.4) A court considering the sentence order on appeal or review must take into account a failure to comply with subsection (1) (a) and give the failure the weight it considers appropriate.\n- (a) state its reasons in court; and\n- (b) cause the reasons to be reduced to writing and kept by the proper officer of the court with the documents relating to the proceeding.","sortOrder":340},{"sectionNumber":"sec.210","sectionType":"section","heading":"Detention to be served in detention centre","content":"### sec.210 Detention to be served in detention centre\n\nSubject to this Act, a child who is sentenced to serve a period of detention must serve the period of detention in a detention centre.\nIf a court makes a detention order against a child and the child is not already in the custody of the chief executive, the commissioner of the police service must—\ntake immediate custody of the child; and\ndeliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3) .\nHowever, subsection (2) (b) stops applying if a child is in custody in a watch-house and the child turns 18 years. See section 276A .\nThe chief executive must—\nnotify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and\nfulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.\nIn deciding the date, the chief executive must have regard to the information available to the chief executive about the following matters—\nthe child’s needs, having regard to—\nthe child’s age and sex; and\nthe child’s cultural background; and\nthe child’s historic and current self-harm risk and suicide risk; and\nthe child’s medical conditions, if any; and\nthe child’s physical health and mental health issues, if any; and\nthe child’s substance misuse and withdrawal issues, if any; and\nthe child’s cognitive capacity; and\nthe location and date of the child’s next court appearance; and\nany other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and\nany other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;\nif 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a) ;\nthe effect the delivery of the child is likely to have on—\nthe chief executive’s ability to comply with section 263 ; and\nthe chief executive’s ability to fulfil the chief executive’s duties as an employer; and\nthe commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and\nthe commissioner of the police service’s ability to fulfil the commissioner’s responsibility for—\nthe security and management of watch-houses; and\nthe safety and wellbeing of people detained in watch-houses.\nHowever, in deciding the date, the chief executive must not have regard to the effect of section 276A .\nA failure of the chief executive to provide procedural fairness to the child in deciding the date under subsection (4) does not affect the validity of the decision.\nSubsection (2) does not apply if the court makes a conditional release order under section 220 .\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nThis subsection and subsections (7) and (9) expire on 31 December 2026.\nA regulation may postpone the expiry of this subsection and subsections (7) and (8) but can not postpone the expiry for more than 1 year after 31 December 2026.\ns 210 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 ss 3 , 56 sch 1 ; 1998 No. 39 s 37 ; 2002 No. 39 s 79 ; 2012 No. 41 s 25 ; 2016 No. 38 s 28 ; 2023 No. 21 s 72 ; 2024 No. 54 s 25\n(7)–(9) exp 31 December 2026 (see s 210(8))\n(sec.210-ssec.1) Subject to this Act, a child who is sentenced to serve a period of detention must serve the period of detention in a detention centre.\n(sec.210-ssec.2) If a court makes a detention order against a child and the child is not already in the custody of the chief executive, the commissioner of the police service must— take immediate custody of the child; and deliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3) . However, subsection (2) (b) stops applying if a child is in custody in a watch-house and the child turns 18 years. See section 276A .\n(sec.210-ssec.3) The chief executive must— notify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and fulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.\n(sec.210-ssec.4) In deciding the date, the chief executive must have regard to the information available to the chief executive about the following matters— the child’s needs, having regard to— the child’s age and sex; and the child’s cultural background; and the child’s historic and current self-harm risk and suicide risk; and the child’s medical conditions, if any; and the child’s physical health and mental health issues, if any; and the child’s substance misuse and withdrawal issues, if any; and the child’s cognitive capacity; and the location and date of the child’s next court appearance; and any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre; if 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a) ; the effect the delivery of the child is likely to have on— the chief executive’s ability to comply with section 263 ; and the chief executive’s ability to fulfil the chief executive’s duties as an employer; and the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for— the security and management of watch-houses; and the safety and wellbeing of people detained in watch-houses.\n(sec.210-ssec.4A) However, in deciding the date, the chief executive must not have regard to the effect of section 276A .\n(sec.210-ssec.5) A failure of the chief executive to provide procedural fairness to the child in deciding the date under subsection (4) does not affect the validity of the decision.\n(sec.210-ssec.6) Subsection (2) does not apply if the court makes a conditional release order under section 220 .\n(sec.210-ssec.7) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 .\n(sec.210-ssec.8) This subsection and subsections (7) and (9) expire on 31 December 2026.\n(sec.210-ssec.9) A regulation may postpone the expiry of this subsection and subsections (7) and (8) but can not postpone the expiry for more than 1 year after 31 December 2026.\n- (a) take immediate custody of the child; and\n- (b) deliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3) .\n- (a) notify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and\n- (b) fulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.\n- (a) the child’s needs, having regard to— (i) the child’s age and sex; and (ii) the child’s cultural background; and (iii) the child’s historic and current self-harm risk and suicide risk; and (iv) the child’s medical conditions, if any; and (v) the child’s physical health and mental health issues, if any; and (vi) the child’s substance misuse and withdrawal issues, if any; and (vii) the child’s cognitive capacity; and (viii) the location and date of the child’s next court appearance; and (ix) any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and (x) any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;\n- (i) the child’s age and sex; and\n- (ii) the child’s cultural background; and\n- (iii) the child’s historic and current self-harm risk and suicide risk; and\n- (iv) the child’s medical conditions, if any; and\n- (v) the child’s physical health and mental health issues, if any; and\n- (vi) the child’s substance misuse and withdrawal issues, if any; and\n- (vii) the child’s cognitive capacity; and\n- (viii) the location and date of the child’s next court appearance; and\n- (ix) any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and\n- (x) any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;\n- (b) if 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a) ;\n- (c) the effect the delivery of the child is likely to have on— (i) the chief executive’s ability to comply with section 263 ; and (ii) the chief executive’s ability to fulfil the chief executive’s duties as an employer; and (iii) the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and (iv) the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for— (A) the security and management of watch-houses; and (B) the safety and wellbeing of people detained in watch-houses.\n- (i) the chief executive’s ability to comply with section 263 ; and\n- (ii) the chief executive’s ability to fulfil the chief executive’s duties as an employer; and\n- (iii) the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and\n- (iv) the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for— (A) the security and management of watch-houses; and (B) the safety and wellbeing of people detained in watch-houses.\n- (A) the security and management of watch-houses; and\n- (B) the safety and wellbeing of people detained in watch-houses.\n- (i) the child’s age and sex; and\n- (ii) the child’s cultural background; and\n- (iii) the child’s historic and current self-harm risk and suicide risk; and\n- (iv) the child’s medical conditions, if any; and\n- (v) the child’s physical health and mental health issues, if any; and\n- (vi) the child’s substance misuse and withdrawal issues, if any; and\n- (vii) the child’s cognitive capacity; and\n- (viii) the location and date of the child’s next court appearance; and\n- (ix) any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and\n- (x) any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;\n- (i) the chief executive’s ability to comply with section 263 ; and\n- (ii) the chief executive’s ability to fulfil the chief executive’s duties as an employer; and\n- (iii) the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and\n- (iv) the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for— (A) the security and management of watch-houses; and (B) the safety and wellbeing of people detained in watch-houses.\n- (A) the security and management of watch-houses; and\n- (B) the safety and wellbeing of people detained in watch-houses.\n- (A) the security and management of watch-houses; and\n- (B) the safety and wellbeing of people detained in watch-houses.\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .","sortOrder":341},{"sectionNumber":"sec.210A","sectionType":"section","heading":"Temporary transfer of child sentenced to period of detention","content":"### sec.210A Temporary transfer of child sentenced to period of detention\n\nThis section applies if—\nthe commissioner of the police service has taken immediate custody of a child under section 210 (2) (a) ; and\nthe child has not been delivered into the custody of the chief executive under section 210 (2) (b) ; and\nthe child is in custody in a watch-house.\nThe chief executive may take the child into the temporary custody of the chief executive for the purpose of enabling the child to participate in the activities, programs or services at a specified detention centre for a period on a specified day (the temporary transfer period ).\nHowever, the chief executive may take the child into the chief executive’s temporary custody under subsection (2) only if—\nthe child agrees; and\nthe commissioner of the police service has agreed in writing.\nIn deciding whether to take the child into the chief executive’s temporary custody under subsection (2) , the chief executive must have regard to—\nthe matters mentioned in section 210 (4) ; and\nthe practicality of transporting the child between the watch-house where the child is held in custody and the specified detention centre, including, for example, the distance between the watch-house and the detention centre and the availability of suitable transportation.\nIf the chief executive takes the child into the chief executive’s temporary custody under subsection (2) , the chief executive may ask the chief executive of another department prescribed by regulation to assist with the transportation of the child between the watch-house and the specified detention centre.\nThe chief executive must return the child to the custody of the commissioner of the police service before the end of the temporary transfer period unless—\nboth of the following apply—\nthe chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date );\nthe formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or\nunforeseen circumstances reasonably prevent the return of the child to the custody of the commissioner.\na natural disaster prevents travel between the detention centre and the watch-house\nthe child requires urgent medical treatment and must stay in hospital\nIf the child is not returned to the custody of the commissioner of the police service under subsection (6) (b) , the chief executive must—\ninform the child and the commissioner as soon as reasonably practicable of the unforeseen circumstances and when the chief executive expects to return the child to the custody of the commissioner; and\nreturn the child to the custody of the commissioner as soon as reasonably practicable unless—\nthe chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and\nthe formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.\nWhile the child is in the chief executive’s temporary custody under this section, the child is taken to be detained in the specified detention centre.\nTo remove any doubt, it is declared that the temporary transfer of custody of a child by the commissioner of the police service to the chief executive under this section does not constitute delivery of the child into the chief executive’s custody under section 210 (3) .\ns 210A ins 2024 No. 45 s 124\n(sec.210A-ssec.1) This section applies if— the commissioner of the police service has taken immediate custody of a child under section 210 (2) (a) ; and the child has not been delivered into the custody of the chief executive under section 210 (2) (b) ; and the child is in custody in a watch-house.\n(sec.210A-ssec.2) The chief executive may take the child into the temporary custody of the chief executive for the purpose of enabling the child to participate in the activities, programs or services at a specified detention centre for a period on a specified day (the temporary transfer period ).\n(sec.210A-ssec.3) However, the chief executive may take the child into the chief executive’s temporary custody under subsection (2) only if— the child agrees; and the commissioner of the police service has agreed in writing.\n(sec.210A-ssec.4) In deciding whether to take the child into the chief executive’s temporary custody under subsection (2) , the chief executive must have regard to— the matters mentioned in section 210 (4) ; and the practicality of transporting the child between the watch-house where the child is held in custody and the specified detention centre, including, for example, the distance between the watch-house and the detention centre and the availability of suitable transportation.\n(sec.210A-ssec.5) If the chief executive takes the child into the chief executive’s temporary custody under subsection (2) , the chief executive may ask the chief executive of another department prescribed by regulation to assist with the transportation of the child between the watch-house and the specified detention centre.\n(sec.210A-ssec.6) The chief executive must return the child to the custody of the commissioner of the police service before the end of the temporary transfer period unless— both of the following apply— the chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date ); the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or unforeseen circumstances reasonably prevent the return of the child to the custody of the commissioner. a natural disaster prevents travel between the detention centre and the watch-house the child requires urgent medical treatment and must stay in hospital\n(sec.210A-ssec.7) If the child is not returned to the custody of the commissioner of the police service under subsection (6) (b) , the chief executive must— inform the child and the commissioner as soon as reasonably practicable of the unforeseen circumstances and when the chief executive expects to return the child to the custody of the commissioner; and return the child to the custody of the commissioner as soon as reasonably practicable unless— the chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.\n(sec.210A-ssec.8) While the child is in the chief executive’s temporary custody under this section, the child is taken to be detained in the specified detention centre.\n(sec.210A-ssec.9) To remove any doubt, it is declared that the temporary transfer of custody of a child by the commissioner of the police service to the chief executive under this section does not constitute delivery of the child into the chief executive’s custody under section 210 (3) .\n- (a) the commissioner of the police service has taken immediate custody of a child under section 210 (2) (a) ; and\n- (b) the child has not been delivered into the custody of the chief executive under section 210 (2) (b) ; and\n- (c) the child is in custody in a watch-house.\n- (a) the child agrees; and\n- (b) the commissioner of the police service has agreed in writing.\n- (a) the matters mentioned in section 210 (4) ; and\n- (b) the practicality of transporting the child between the watch-house where the child is held in custody and the specified detention centre, including, for example, the distance between the watch-house and the detention centre and the availability of suitable transportation.\n- (a) both of the following apply— (i) the chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date ); (ii) the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or\n- (i) the chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date );\n- (ii) the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or\n- (b) unforeseen circumstances reasonably prevent the return of the child to the custody of the commissioner. Examples of unforeseen circumstances— • a natural disaster prevents travel between the detention centre and the watch-house • the child requires urgent medical treatment and must stay in hospital\n- • a natural disaster prevents travel between the detention centre and the watch-house\n- • the child requires urgent medical treatment and must stay in hospital\n- (i) the chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date );\n- (ii) the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or\n- • a natural disaster prevents travel between the detention centre and the watch-house\n- • the child requires urgent medical treatment and must stay in hospital\n- (a) inform the child and the commissioner as soon as reasonably practicable of the unforeseen circumstances and when the chief executive expects to return the child to the custody of the commissioner; and\n- (b) return the child to the custody of the commissioner as soon as reasonably practicable unless— (i) the chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and (ii) the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.\n- (i) the chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and\n- (ii) the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.\n- (i) the chief executive notifies the commissioner under section 210 (3) (a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date ); and\n- (ii) the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.","sortOrder":342},{"sectionNumber":"sec.211","sectionType":"section","heading":"Commencement of detention period","content":"### sec.211 Commencement of detention period\n\nA period of detention under a detention order takes effect from the day the court makes the detention order.\nSubsection (1) has effect subject to section 213 , section 218 and subsection (3) .\nIf a child is required to serve a period of detention or the unserved part of a period of detention as a result of an appeal against, or a review of, a sentence order, the period or unserved part takes effect from the start of the child’s custody on sentence for the offence in question after the appeal or review.\ns 211 amd 2014 No. 9 s 12B ; 2016 No. 38 s 29\n(sec.211-ssec.1) A period of detention under a detention order takes effect from the day the court makes the detention order.\n(sec.211-ssec.2) Subsection (1) has effect subject to section 213 , section 218 and subsection (3) .\n(sec.211-ssec.3) If a child is required to serve a period of detention or the unserved part of a period of detention as a result of an appeal against, or a review of, a sentence order, the period or unserved part takes effect from the start of the child’s custody on sentence for the offence in question after the appeal or review.","sortOrder":343},{"sectionNumber":"sec.212","sectionType":"section","heading":"Detention orders ordinarily concurrent","content":"### sec.212 Detention orders ordinarily concurrent\n\nIf, at the time a court makes a detention order against a child for an offence, the child—\nis serving; or\nhas been sentenced to serve;\na period of detention for another offence, the period of detention under the court’s detention order must be served concurrently with the other period of detention, unless other provision is made under section 213 or another Act.\n- (a) is serving; or\n- (b) has been sentenced to serve;","sortOrder":344},{"sectionNumber":"sec.213","sectionType":"section","heading":"Court may order detention period to be cumulative","content":"### sec.213 Court may order detention period to be cumulative\n\nIf, at the time a court makes a detention order against a child for an offence, the child—\nis serving; or\nhas been sentenced to serve;\na period of detention for another offence, the court may order the period of detention under the court’s detention order to take effect from the end of the other period of detention.\nSubsection (1) applies even if the other period of detention has to be served concurrently or cumulatively with a period of detention for an offence other than the one for which the court makes the detention order.\n(sec.213-ssec.1) If, at the time a court makes a detention order against a child for an offence, the child— is serving; or has been sentenced to serve; a period of detention for another offence, the court may order the period of detention under the court’s detention order to take effect from the end of the other period of detention.\n(sec.213-ssec.2) Subsection (1) applies even if the other period of detention has to be served concurrently or cumulatively with a period of detention for an offence other than the one for which the court makes the detention order.\n- (a) is serving; or\n- (b) has been sentenced to serve;","sortOrder":345},{"sectionNumber":"sec.214","sectionType":"section","heading":"Limitation on cumulative orders","content":"### sec.214 Limitation on cumulative orders\n\nA court making more than 1 detention order under section 175 against a child on the same day or in the same proceedings is not to direct that a detention order be served cumulatively with another of the detention orders if the total period of the detention orders would exceed—\nwhen made by a Childrens Court magistrate—1 year; or\nwhen made by another court—7 years.\nSubsection (1B) applies if a court constituted by a Childrens Court magistrate—\nmakes 1 or more detention orders under section 175 and 1 or more detention orders under section 175A against a child on the same day or in the same proceedings; or\nmakes 1 or more detention orders under section 175A against a child on the same day or in the same proceedings.\nThe court is not to direct that a detention order be served cumulatively with another of the detention orders if the total period of the detention orders would exceed 3 years.\nTo the extent that the total exceeds the maximum allowed the orders are of no effect.\ns 214 amd 1996 No. 22 s 57 ; 2024 No. 54 s 25A\n(sec.214-ssec.1) A court making more than 1 detention order under section 175 against a child on the same day or in the same proceedings is not to direct that a detention order be served cumulatively with another of the detention orders if the total period of the detention orders would exceed— when made by a Childrens Court magistrate—1 year; or when made by another court—7 years.\n(sec.214-ssec.1A) Subsection (1B) applies if a court constituted by a Childrens Court magistrate— makes 1 or more detention orders under section 175 and 1 or more detention orders under section 175A against a child on the same day or in the same proceedings; or makes 1 or more detention orders under section 175A against a child on the same day or in the same proceedings.\n(sec.214-ssec.1B) The court is not to direct that a detention order be served cumulatively with another of the detention orders if the total period of the detention orders would exceed 3 years.\n(sec.214-ssec.2) To the extent that the total exceeds the maximum allowed the orders are of no effect.\n- (a) when made by a Childrens Court magistrate—1 year; or\n- (b) when made by another court—7 years.\n- (a) makes 1 or more detention orders under section 175 and 1 or more detention orders under section 175A against a child on the same day or in the same proceedings; or\n- (b) makes 1 or more detention orders under section 175A against a child on the same day or in the same proceedings.","sortOrder":346},{"sectionNumber":"sec.215","sectionType":"section","heading":"Period of escape, mistaken release or release pending appeal or review not counted as detention","content":"### sec.215 Period of escape, mistaken release or release pending appeal or review not counted as detention\n\nIf a child serving a period of detention under a detention order—\nis released from custody under part 5 pending an appeal against, or a review of, the detention order; or\nis unlawfully at large;\nthe period for which the child is absent from custody pending the appeal or review, or is unlawfully at large, as the case may be, must not be counted as part of the period of detention.\ns 215 amd 2002 No. 39 s 80 ; 2014 No. 9 s 12C ; 2016 No. 38 s 30\n- (a) is released from custody under part 5 pending an appeal against, or a review of, the detention order; or\n- (b) is unlawfully at large;","sortOrder":347},{"sectionNumber":"sec.216","sectionType":"section","heading":"Application for variation of detention order in interests of justice","content":"### sec.216 Application for variation of detention order in interests of justice\n\nThis section applies to a child who—\nis unlawfully at large while subject to a detention order for an offence (the original order and offence); and\nis held in custody in another State for another offence committed in the other State or on a charge of an offence allegedly committed in the other State (the interstate custody ).\nAn application may be made at any time to the court that made the original order to change the original order in the interests of justice.\nThe application may be made by the child or the chief executive, acting in the interests of the child.\nIf the application is not made by the chief executive, notice of the application must be given to the chief executive.\nOn the application the court may—\ntake no action; or\norder all or part of the period of interstate custody to be a period of detention taken to have been served under the original order.\nAn order under subsection (5) (b) has effect even if the period of interstate custody is required to be served, concurrently or cumulatively, with a period of custody imposed because of an offence, other than the original offence, committed in Queensland or elsewhere.\ns 216 prev s 216 amd 1996 No. 22 s 76 ; 1998 No. 39 s 53\nom 2000 No. 60 s 175 sch 3\npres s 216 ins 1996 No. 22 s 58\namd 1998 No. 39 s 38 ; 2002 No. 39 s 81\n(sec.216-ssec.1) This section applies to a child who— is unlawfully at large while subject to a detention order for an offence (the original order and offence); and is held in custody in another State for another offence committed in the other State or on a charge of an offence allegedly committed in the other State (the interstate custody ).\n(sec.216-ssec.2) An application may be made at any time to the court that made the original order to change the original order in the interests of justice.\n(sec.216-ssec.3) The application may be made by the child or the chief executive, acting in the interests of the child.\n(sec.216-ssec.4) If the application is not made by the chief executive, notice of the application must be given to the chief executive.\n(sec.216-ssec.5) On the application the court may— take no action; or order all or part of the period of interstate custody to be a period of detention taken to have been served under the original order.\n(sec.216-ssec.6) An order under subsection (5) (b) has effect even if the period of interstate custody is required to be served, concurrently or cumulatively, with a period of custody imposed because of an offence, other than the original offence, committed in Queensland or elsewhere.\n- (a) is unlawfully at large while subject to a detention order for an offence (the original order and offence); and\n- (b) is held in custody in another State for another offence committed in the other State or on a charge of an offence allegedly committed in the other State (the interstate custody ).\n- (a) take no action; or\n- (b) order all or part of the period of interstate custody to be a period of detention taken to have been served under the original order.","sortOrder":348},{"sectionNumber":"sec.217","sectionType":"section","heading":"Multiple orders of detention and imprisonment against person as adult and child","content":"### sec.217 Multiple orders of detention and imprisonment against person as adult and child\n\nSections 212 and 213 extend to a case where—\nat the time a court makes a detention order against a person as a child, the person is serving or has been sentenced to serve a term of imprisonment as an adult; or\nat the time a court makes an order sentencing a person to a term of imprisonment as an adult, the person is serving or has been sentenced to serve a period of detention as a child;\nas if a reference in the sections to a period of detention included a reference to the term of imprisonment mentioned in paragraph (a) or (b) .\ns 217 prev s 217 om 2000 No. 60 s 175 sch 3\npres s 217 amd 1996 No. 22 s 59 ; 1998 No. 39 s 39 ; 1999 No. 9 s 3 sch ; 2002 No. 39 s 82\n- (a) at the time a court makes a detention order against a person as a child, the person is serving or has been sentenced to serve a term of imprisonment as an adult; or\n- (b) at the time a court makes an order sentencing a person to a term of imprisonment as an adult, the person is serving or has been sentenced to serve a period of detention as a child;","sortOrder":349},{"sectionNumber":"sec.218","sectionType":"section","heading":"Period of custody on remand to be treated as detention on sentence","content":"### sec.218 Period of custody on remand to be treated as detention on sentence\n\nIf a child is sentenced to a period of detention for an offence, any period of time for which the child was held in custody pending the proceeding for the offence must be counted as part of the period of detention that is served in a detention centre or corrective services facility.\nIn determining, under section 227 , when to release the child from detention under a supervised release order under section 228 , the chief executive counts the period of time for which the child was held in custody pending the proceeding for the offence.\nA period of time for which a child is also held in custody on sentence for another offence is not to be counted for the purposes of subsection (1) .\nAny period of custody of less than 1 day is not to be counted under subsection (1) .\ns 218 prev s 218 om 2000 No. 60 s 175 sch 3\npres s 218 amd 1994 No. 87 s 3 sch 1 ; 2002 No. 39 s 83 ; 2009 No. 34 s 31\n(sec.218-ssec.1) If a child is sentenced to a period of detention for an offence, any period of time for which the child was held in custody pending the proceeding for the offence must be counted as part of the period of detention that is served in a detention centre or corrective services facility. In determining, under section 227 , when to release the child from detention under a supervised release order under section 228 , the chief executive counts the period of time for which the child was held in custody pending the proceeding for the offence.\n(sec.218-ssec.2) A period of time for which a child is also held in custody on sentence for another offence is not to be counted for the purposes of subsection (1) .\n(sec.218-ssec.3) Any period of custody of less than 1 day is not to be counted under subsection (1) .","sortOrder":350},{"sectionNumber":"sec.219","sectionType":"section","heading":"Purpose of conditional release order","content":"### sec.219 Purpose of conditional release order\n\nThe purpose of this subdivision is to provide for an option instead of the detention of a child by allowing a court to immediately release the child into a structured program with strict conditions.\ns 219 amd 2002 No. 39 s 85 ; 2012 No. 41 s 26","sortOrder":351},{"sectionNumber":"sec.220","sectionType":"section","heading":"Conditional release order","content":"### sec.220 Conditional release order\n\nA court that makes a detention order against a child may immediately suspend the order and make an order ( conditional release order ) that the child be immediately released from detention.\nThe child must be released from detention in accordance with the conditional release order.\ns 220 prev s 220 amd 1996 No. 22 s 77 ; 1998 No. 39 s 54\nom 2002 No. 39 s 107\npres s 220 amd 2002 No. 39 s 86\n(sec.220-ssec.1) A court that makes a detention order against a child may immediately suspend the order and make an order ( conditional release order ) that the child be immediately released from detention.\n(sec.220-ssec.2) The child must be released from detention in accordance with the conditional release order.","sortOrder":352},{"sectionNumber":"sec.221","sectionType":"section","heading":"Conditional release order—requirements","content":"### sec.221 Conditional release order—requirements\n\nA conditional release order must require—\nthat the child participate as directed by the chief executive in a program (the conditional release program ) for the period, of not more than 6 months, stated in the order (the program period ); and\nthat, during the period of the order—\nthe child abstain from violation of the law; and\nthe child comply with every reasonable direction of the chief executive; and\nthe child report and receive visits as directed by the chief executive; and\nthe child or a parent of the child notify the chief executive within 2 business days of any change of address, employment or school; and\nthe child not leave, or stay out of, Queensland without the prior approval of the chief executive.\nA conditional release order made in relation to a child may contain requirements that the child comply, during the whole or a part of the period of the order, with conditions that the court considers necessary for preventing a repetition by the child of the offence for which the detention order was made or the commission by the child of other offences.\na condition imposing a curfew on the child\nAn order may contain a requirement that the child must comply with outside the State.\nAn order may require the child to attend a particular educational establishment that is located outside the State.\nA requirement imposed by a court under subsection (2) —\nmust relate to the offence for which the detention order was made; and\nmust be supported by the court’s written reasons; and\nmust not require the child to wear a monitoring device.\ns 221 prev s 221 amd 1996 No. 22 s 78 ; 1998 No. 39 s 55\nom 2002 No. 39 s 107\npres s 221 sub 2002 No. 39 s 87\namd 2009 No. 34 s 32 ; 2019 No. 23 s 23 ; 2021 No. 9 s 29A ; 2023 No. 3 s 22\n(sec.221-ssec.1) A conditional release order must require— that the child participate as directed by the chief executive in a program (the conditional release program ) for the period, of not more than 6 months, stated in the order (the program period ); and that, during the period of the order— the child abstain from violation of the law; and the child comply with every reasonable direction of the chief executive; and the child report and receive visits as directed by the chief executive; and the child or a parent of the child notify the chief executive within 2 business days of any change of address, employment or school; and the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n(sec.221-ssec.2) A conditional release order made in relation to a child may contain requirements that the child comply, during the whole or a part of the period of the order, with conditions that the court considers necessary for preventing a repetition by the child of the offence for which the detention order was made or the commission by the child of other offences. a condition imposing a curfew on the child\n(sec.221-ssec.3) An order may contain a requirement that the child must comply with outside the State. An order may require the child to attend a particular educational establishment that is located outside the State.\n(sec.221-ssec.4) A requirement imposed by a court under subsection (2) — must relate to the offence for which the detention order was made; and must be supported by the court’s written reasons; and must not require the child to wear a monitoring device.\n- (a) that the child participate as directed by the chief executive in a program (the conditional release program ) for the period, of not more than 6 months, stated in the order (the program period ); and\n- (b) that, during the period of the order— (i) the child abstain from violation of the law; and (ii) the child comply with every reasonable direction of the chief executive; and (iii) the child report and receive visits as directed by the chief executive; and (iv) the child or a parent of the child notify the chief executive within 2 business days of any change of address, employment or school; and (v) the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n- (i) the child abstain from violation of the law; and\n- (ii) the child comply with every reasonable direction of the chief executive; and\n- (iii) the child report and receive visits as directed by the chief executive; and\n- (iv) the child or a parent of the child notify the chief executive within 2 business days of any change of address, employment or school; and\n- (v) the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n- (i) the child abstain from violation of the law; and\n- (ii) the child comply with every reasonable direction of the chief executive; and\n- (iii) the child report and receive visits as directed by the chief executive; and\n- (iv) the child or a parent of the child notify the chief executive within 2 business days of any change of address, employment or school; and\n- (v) the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n- (a) must relate to the offence for which the detention order was made; and\n- (b) must be supported by the court’s written reasons; and\n- (c) must not require the child to wear a monitoring device.","sortOrder":353},{"sectionNumber":"sec.222","sectionType":"section","heading":"Child must be willing to comply","content":"### sec.222 Child must be willing to comply\n\nA court may make a conditional release order in relation to a child only if the child expresses willingness to comply with the order.\ns 222 amd 2002 No. 39 s 88","sortOrder":354},{"sectionNumber":"sec.223","sectionType":"section","heading":"Pre-sentence report must include particular comments","content":"### sec.223 Pre-sentence report must include particular comments\n\nThe pre-sentence report considered by a court before making the relevant detention order must include comments—\noutlining the potential suitability of the child for release from detention under a conditional release order; and\nadvising whether an appropriate conditional release program is available on the child’s release under the order.\ns 223 sub 2002 No. 39 s 89\n- (a) outlining the potential suitability of the child for release from detention under a conditional release order; and\n- (b) advising whether an appropriate conditional release program is available on the child’s release under the order.","sortOrder":355},{"sectionNumber":"sec.224","sectionType":"section","heading":"Effect of program period ending","content":"### sec.224 Effect of program period ending\n\nSubject to division 12 , at the end of the program period the child is no longer liable to serve a period of detention under the detention order.\ns 224 amd 2002 No. 39 s 90","sortOrder":356},{"sectionNumber":"sec.225","sectionType":"section","heading":"Program period","content":"### sec.225 Program period\n\nThe program period of a child’s conditional release program starts when the conditional release order is made and ends at the later of the following times—\nthe end of the last day of the period of the conditional release order;\nif the conditional release program was suspended for part or all of any days (the suspended days )—the end of the day that is the last day of the period of the order and, additionally, the number of suspended days.\nIf, at the time a court makes a conditional release order for a child—\nanother conditional release order has already been made for the child; and\nthe conditional release program under the other order has not ended;\nthe period when the child is subject to both conditional release programs is counted concurrently.\ns 225 prev s 225 om 1996 No. 75 s 535 sch 2 (also see 1997 No. 9 s 4 sch 2 )\npres s 225 ins 2002 No. 39 s 91\n(sec.225-ssec.1) The program period of a child’s conditional release program starts when the conditional release order is made and ends at the later of the following times— the end of the last day of the period of the conditional release order; if the conditional release program was suspended for part or all of any days (the suspended days )—the end of the day that is the last day of the period of the order and, additionally, the number of suspended days.\n(sec.225-ssec.2) If, at the time a court makes a conditional release order for a child— another conditional release order has already been made for the child; and the conditional release program under the other order has not ended; the period when the child is subject to both conditional release programs is counted concurrently.\n- (a) the end of the last day of the period of the conditional release order;\n- (b) if the conditional release program was suspended for part or all of any days (the suspended days )—the end of the day that is the last day of the period of the order and, additionally, the number of suspended days.\n- (a) another conditional release order has already been made for the child; and\n- (b) the conditional release program under the other order has not ended;","sortOrder":357},{"sectionNumber":"sec.226","sectionType":"section","heading":"Suspension of program","content":"### sec.226 Suspension of program\n\nIf, during the program period, a child for good reason is unable to participate in the program mentioned in section 221 (1) (a) , the chief executive may, by written notice given to the child, suspend the program for a stated period.\nThe period for which the program is suspended is not to be counted as part of the program period.\ns 226 prev s 226 amd 1996 No. 22 s 3 sch 1 ; 1998 No. 39 s 62 ; 2000 No. 22 s 35\nom 2002 No. 39 s 112\npres s 226 amd 2002 No. 39 s 92\n(sec.226-ssec.1) If, during the program period, a child for good reason is unable to participate in the program mentioned in section 221 (1) (a) , the chief executive may, by written notice given to the child, suspend the program for a stated period.\n(sec.226-ssec.2) The period for which the program is suspended is not to be counted as part of the program period.","sortOrder":358},{"sectionNumber":"sec.226A","sectionType":"section","heading":null,"content":"### Section sec.226A\n\ns 226A ins 2012 No. 41 s 27\nom 2016 No. 38 s 31","sortOrder":359},{"sectionNumber":"sec.226B","sectionType":"section","heading":null,"content":"### Section sec.226B\n\ns 226B ins 2012 No. 41 s 27\nom 2016 No. 38 s 31","sortOrder":360},{"sectionNumber":"sec.226C","sectionType":"section","heading":null,"content":"### Section sec.226C\n\ns 226C ins 2012 No. 41 s 27\nom 2016 No. 38 s 31","sortOrder":361},{"sectionNumber":"sec.226D","sectionType":"section","heading":null,"content":"### Section sec.226D\n\ns 226D ins 2012 No. 41 s 27\nom 2016 No. 38 s 31","sortOrder":362},{"sectionNumber":"sec.226E","sectionType":"section","heading":null,"content":"### Section sec.226E\n\ns 226E ins 2012 No. 41 s 27\namd 2014 No. 9 s 12D\nom 2016 No. 38 s 31","sortOrder":363},{"sectionNumber":"sec.226F","sectionType":"section","heading":null,"content":"### Section sec.226F\n\ns 226F ins 2012 No. 41 s 27\nom 2016 No. 38 s 31","sortOrder":364},{"sectionNumber":"sec.226G","sectionType":"section","heading":null,"content":"### Section sec.226G\n\ns 226G ins 2012 No. 41 s 27\namd 2014 No. 9 s 12E\nom 2016 No. 38 s 31","sortOrder":365},{"sectionNumber":"sec.226H","sectionType":"section","heading":null,"content":"### Section sec.226H\n\ns 226H ins 2012 No. 41 s 27\nom 2016 No. 38 s 31","sortOrder":366},{"sectionNumber":"sec.226A-oc.2","sectionType":"section","heading":"When a child has promoted terrorism","content":"### sec.226A-oc.2 When a child has promoted terrorism\n\nFor this subdivision, a child has promoted terrorism if the child—\ncarried out an activity to support the carrying out of a terrorist act; or\nmade a statement in support of the carrying out of a terrorist act; or\ncarried out an activity, or made a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\nTo remove any doubt, it is declared that a reference in subsection (1) to a terrorist act—\nincludes a terrorist act that has not happened; and\nis not limited to a specific terrorist act.\ns 226A ins 2019 No. 10 s 29\n(sec.226A-oc.2-ssec.1) For this subdivision, a child has promoted terrorism if the child— carried out an activity to support the carrying out of a terrorist act; or made a statement in support of the carrying out of a terrorist act; or carried out an activity, or made a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\n(sec.226A-oc.2-ssec.2) To remove any doubt, it is declared that a reference in subsection (1) to a terrorist act— includes a terrorist act that has not happened; and is not limited to a specific terrorist act.\n- (a) carried out an activity to support the carrying out of a terrorist act; or\n- (b) made a statement in support of the carrying out of a terrorist act; or\n- (c) carried out an activity, or made a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.\n- (a) includes a terrorist act that has not happened; and\n- (b) is not limited to a specific terrorist act.","sortOrder":367},{"sectionNumber":"sec.227","sectionType":"section","heading":"Release of child after service of period of detention","content":"### sec.227 Release of child after service of period of detention\n\nUnless a court makes an order under subsection (2) or (4), a child sentenced to serve a period of detention must be released from detention after serving 70% of the period of detention.\nA court may order a child to be released from detention after serving 50% or more, and less than 70%, of a period of detention if it considers that there are special circumstances, for example to ensure parity of sentence with that imposed on a person involved in the same or related offence.\nHowever, a court may not make an order under subsection (2) if—\nthe child has, at any time, been found guilty of a terrorism offence; or\nthe child is the subject of a Commonwealth control order; or\nthe court is satisfied the child has promoted terrorism.\nIf a court orders a child to serve a period of detention under section 175A —\nsubsections (1) to (3) do not apply; and\nthe court must order the child to be released from detention after serving the proportion of the period of detention that the court considers appropriate, subject to any requirement under the Criminal Code mentioned in section 175A (5) that relates to the offence.\nIf the child is entitled under section 218 to have a period of custody pending the proceeding (the custody period ) treated as detention on sentence, the period before the child is released under this section must be reduced by the custody period.\nC is sentenced to 10 weeks detention. C spent 2 weeks on remand before sentence. The chief executive must make a supervised release order releasing the child 5 weeks after sentence, which is 70% of 10 weeks with a further reduction of 2 weeks.\ns 227 amd 1994 No. 87 s 3 sch 1 ; 2009 No. 34 s 33 ; 2019 No. 10 s 30 ; 2024 No. 54 s 26\n(sec.227-ssec.1) Unless a court makes an order under subsection (2) or (4), a child sentenced to serve a period of detention must be released from detention after serving 70% of the period of detention.\n(sec.227-ssec.2) A court may order a child to be released from detention after serving 50% or more, and less than 70%, of a period of detention if it considers that there are special circumstances, for example to ensure parity of sentence with that imposed on a person involved in the same or related offence.\n(sec.227-ssec.3) However, a court may not make an order under subsection (2) if— the child has, at any time, been found guilty of a terrorism offence; or the child is the subject of a Commonwealth control order; or the court is satisfied the child has promoted terrorism.\n(sec.227-ssec.4) If a court orders a child to serve a period of detention under section 175A — subsections (1) to (3) do not apply; and the court must order the child to be released from detention after serving the proportion of the period of detention that the court considers appropriate, subject to any requirement under the Criminal Code mentioned in section 175A (5) that relates to the offence.\n(sec.227-ssec.5) If the child is entitled under section 218 to have a period of custody pending the proceeding (the custody period ) treated as detention on sentence, the period before the child is released under this section must be reduced by the custody period. C is sentenced to 10 weeks detention. C spent 2 weeks on remand before sentence. The chief executive must make a supervised release order releasing the child 5 weeks after sentence, which is 70% of 10 weeks with a further reduction of 2 weeks.\n- (a) the child has, at any time, been found guilty of a terrorism offence; or\n- (b) the child is the subject of a Commonwealth control order; or\n- (c) the court is satisfied the child has promoted terrorism.\n- (a) subsections (1) to (3) do not apply; and\n- (b) the court must order the child to be released from detention after serving the proportion of the period of detention that the court considers appropriate, subject to any requirement under the Criminal Code mentioned in section 175A (5) that relates to the offence.","sortOrder":368},{"sectionNumber":"sec.228","sectionType":"section","heading":"Chief executive’s supervised release order","content":"### sec.228 Chief executive’s supervised release order\n\nAt the end of the period after which a child is required to be released under section 227 , the chief executive must make an order (a supervised release order ) releasing the child from detention.\nHowever, the chief executive is not required to make a supervised release order if the custody period mentioned in section 227 (5) is equal to or more than the period of detention the child was sentenced to serve.\nC is sentenced to 10 weeks detention. C spent 10 weeks on remand before sentence. The chief executive is not required to make a supervised release order.\nC is sentenced to 10 weeks detention. C spent 8 weeks on remand before sentence. The chief executive must make a supervised release order for the remaining 2 weeks.\nThe chief executive may—\nimpose conditions that the chief executive considers appropriate on the supervised release order; and\namend a condition of the supervised release order at any time by written notice served on the child.\nThe supervised release order must require that, during the period of the order—\nthe child abstain from violation of the law; and\nthe child satisfactorily attend programs as directed by the chief executive; and\nthe child comply with every reasonable direction of the chief executive; and\nthe child report and receive visits as directed by the chief executive; and\nthe child or a parent of the child notify the chief executive within 2 business days of any change of address, employment or school; and\nthe child not leave, or stay out of, Queensland without the prior approval of the chief executive.\nA supervised release order may contain a requirement that the child must comply with outside the State.\nAn order may require the child to attend a particular educational establishment that is located outside the State.\nA supervised release order must not require, or be subject to a condition, that the child must wear a monitoring device.\ns 228 sub 2002 No. 39 s 94\namd 2009 No. 34 s 34 ; 2019 No. 10 s 31 ; 2019 No. 23 s 24 ; 2021 No. 9 s 29A ; 2024 No. 54 s 27\n(sec.228-ssec.1) At the end of the period after which a child is required to be released under section 227 , the chief executive must make an order (a supervised release order ) releasing the child from detention.\n(sec.228-ssec.2) However, the chief executive is not required to make a supervised release order if the custody period mentioned in section 227 (5) is equal to or more than the period of detention the child was sentenced to serve. C is sentenced to 10 weeks detention. C spent 10 weeks on remand before sentence. The chief executive is not required to make a supervised release order. C is sentenced to 10 weeks detention. C spent 8 weeks on remand before sentence. The chief executive must make a supervised release order for the remaining 2 weeks.\n(sec.228-ssec.3) The chief executive may— impose conditions that the chief executive considers appropriate on the supervised release order; and amend a condition of the supervised release order at any time by written notice served on the child.\n(sec.228-ssec.4) The supervised release order must require that, during the period of the order— the child abstain from violation of the law; and the child satisfactorily attend programs as directed by the chief executive; and the child comply with every reasonable direction of the chief executive; and the child report and receive visits as directed by the chief executive; and the child or a parent of the child notify the chief executive within 2 business days of any change of address, employment or school; and the child not leave, or stay out of, Queensland without the prior approval of the chief executive.\n(sec.228-ssec.5) A supervised release order may contain a requirement that the child must comply with outside the State. An order may require the child to attend a particular educational establishment that is located outside the State.\n(sec.228-ssec.6) A supervised release order must not require, or be subject to a condition, that the child must wear a monitoring device.\n- 1 C is sentenced to 10 weeks detention. C spent 10 weeks on remand before sentence. The chief executive is not required to make a supervised release order.\n- 2 C is sentenced to 10 weeks detention. C spent 8 weeks on remand before sentence. The chief executive must make a supervised release order for the remaining 2 weeks.\n- (a) impose conditions that the chief executive considers appropriate on the supervised release order; and\n- (b) amend a condition of the supervised release order at any time by written notice served on the child.\n- (a) the child abstain from violation of the law; and\n- (b) the child satisfactorily attend programs as directed by the chief executive; and\n- (c) the child comply with every reasonable direction of the chief executive; and\n- (d) the child report and receive visits as directed by the chief executive; and\n- (e) the child or a parent of the child notify the chief executive within 2 business days of any change of address, employment or school; and\n- (f) the child not leave, or stay out of, Queensland without the prior approval of the chief executive.","sortOrder":369},{"sectionNumber":"sec.228A","sectionType":"section","heading":"Supervised release orders for children with links to terrorism","content":"### sec.228A Supervised release orders for children with links to terrorism\n\nThis section applies in relation to a supervised release order for a child if—\nthe child has, at any time, been found guilty of a terrorism offence; or\nthe child is the subject of a Commonwealth control order; or\nthe chief executive is satisfied the child has promoted terrorism.\nThe chief executive must impose any conditions on the supervised release order the chief executive considers are reasonably necessary and appropriate to reduce the risk of the child—\ncarrying out a terrorist act; or\npromoting terrorism.\na condition that prohibits the child from being at a stated place\na condition that prohibits the child from communicating with a stated person\na condition that imposes a curfew on the child\nThis section does not limit or otherwise affect the power of the chief executive to impose a condition on the supervised release order under section 228 (3) (a) .\nFailure to comply with subsection (2) does not affect the validity of the supervised release order.\nSubsection (2) is subject to section 228 (6) .\ns 228A ins 2019 No. 10 s 32\namd 2019 No. 23 s 25\n(sec.228A-ssec.1) This section applies in relation to a supervised release order for a child if— the child has, at any time, been found guilty of a terrorism offence; or the child is the subject of a Commonwealth control order; or the chief executive is satisfied the child has promoted terrorism.\n(sec.228A-ssec.2) The chief executive must impose any conditions on the supervised release order the chief executive considers are reasonably necessary and appropriate to reduce the risk of the child— carrying out a terrorist act; or promoting terrorism. a condition that prohibits the child from being at a stated place a condition that prohibits the child from communicating with a stated person a condition that imposes a curfew on the child\n(sec.228A-ssec.3) This section does not limit or otherwise affect the power of the chief executive to impose a condition on the supervised release order under section 228 (3) (a) .\n(sec.228A-ssec.4) Failure to comply with subsection (2) does not affect the validity of the supervised release order.\n(sec.228A-ssec.5) Subsection (2) is subject to section 228 (6) .\n- (a) the child has, at any time, been found guilty of a terrorism offence; or\n- (b) the child is the subject of a Commonwealth control order; or\n- (c) the chief executive is satisfied the child has promoted terrorism.\n- (a) carrying out a terrorist act; or\n- (b) promoting terrorism.\n- • a condition that prohibits the child from being at a stated place\n- • a condition that prohibits the child from communicating with a stated person\n- • a condition that imposes a curfew on the child","sortOrder":370},{"sectionNumber":"sec.229","sectionType":"section","heading":"Child may be released from detention while absent from place of detention","content":"### sec.229 Child may be released from detention while absent from place of detention\n\nTo remove any doubt, it is declared that a child who is serving a period of detention at a place may be released from detention under this subdivision whether or not the child is at the place at the time of release.\nA child is serving a period of detention at a detention centre. The chief executive grants the child leave of absence under section 269 . While the child is on the leave of absence, the chief executive may make a supervised release order releasing the child from detention.\ns 229 ins 2002 No. 39 s 94","sortOrder":371},{"sectionNumber":"sec.230","sectionType":"section","heading":"Release period counts as part of detention period","content":"### sec.230 Release period counts as part of detention period\n\nA period of time for which a child is released from detention under a supervised release order must be counted as part of the period that the child spent in detention for the purpose of calculating the end of the child’s period of detention.\ns 230 amd 2002 No. 39 s 95","sortOrder":372},{"sectionNumber":"sec.231","sectionType":"section","heading":null,"content":"### Section sec.231\n\ns 231 amd 1998 No. 39 s 40\nsub 2002 No. 39 s 96\nom 2009 No. 34 s 35","sortOrder":373},{"sectionNumber":"sec.232","sectionType":"section","heading":"Application of sdiv 4","content":"### sec.232 Application of sdiv 4\n\nThis subdivision applies to a child who is sentenced to detention for life.\ns 232 ins 1996 No. 22 s 60","sortOrder":374},{"sectionNumber":"sec.233","sectionType":"section","heading":"Application of parole provisions","content":"### sec.233 Application of parole provisions\n\nThe Corrective Services Act 2006 , chapter 5 , part 1 applies to the child.\nFor subsection (1) , a reference in the part to a prisoner serving a term of imprisonment for life is taken to include the child.\ns 233 ins 1996 No. 22 s 60\namd 2000 No. 63 s 276 sch 2 ; 2006 No. 29 s 518 sch 3\n(sec.233-ssec.1) The Corrective Services Act 2006 , chapter 5 , part 1 applies to the child.\n(sec.233-ssec.2) For subsection (1) , a reference in the part to a prisoner serving a term of imprisonment for life is taken to include the child.","sortOrder":375},{"sectionNumber":"sec.234","sectionType":"section","heading":"Court may allow publication of identifying information about a child","content":"### sec.234 Court may allow publication of identifying information about a child\n\nThis section applies if a court makes an order against a child under section 176 (3) (b) .\nThis section also applies if—\na court sentences a child for an offence under section 175A ; and\nthe offence involves the commission of violence against a person; and\nthe court considers the offence to be a particularly heinous offence having regard to all the circumstances.\nThe court may order that identifying information about the child may be published if the court considers it would be in the interests of justice to allow the publication, having regard to—\nthe need to protect the community; and\nthe safety or wellbeing of a person other than the child; and\nthe impact of publication on the child’s rehabilitation; and\nany other relevant matter.\nThe order does not authorise publication of identifying information before the end of any appeal period or, if the child gives notice of appeal or of application for leave to appeal, before any appeal proceeding has ended.\nTo remove any doubt, it is declared this section does not apply to a Childrens Court constituted by a Childrens Court magistrate.\nIn this section—\nappeal period means the 1 calendar month from the date of conviction or sentence mentioned in the Criminal Code , section 671 .\ns 234 prev s 234 sub 1996 No. 22 s 86\nexp 31 December 1996 (see s 234(3)(b))\nAIA s 20A applies (see s 234(3)(c))\npres s 234 ins 2002 No. 39 s 97\namd 2009 No. 34 s 36 ; 2014 No. 9 s 13 ; 2016 No. 38 s 32 ; 2024 No. 54 s 28\n(sec.234-ssec.1) This section applies if a court makes an order against a child under section 176 (3) (b) .\n(sec.234-ssec.2) This section also applies if— a court sentences a child for an offence under section 175A ; and the offence involves the commission of violence against a person; and the court considers the offence to be a particularly heinous offence having regard to all the circumstances.\n(sec.234-ssec.3) The court may order that identifying information about the child may be published if the court considers it would be in the interests of justice to allow the publication, having regard to— the need to protect the community; and the safety or wellbeing of a person other than the child; and the impact of publication on the child’s rehabilitation; and any other relevant matter.\n(sec.234-ssec.4) The order does not authorise publication of identifying information before the end of any appeal period or, if the child gives notice of appeal or of application for leave to appeal, before any appeal proceeding has ended.\n(sec.234-ssec.5) To remove any doubt, it is declared this section does not apply to a Childrens Court constituted by a Childrens Court magistrate.\n(sec.234-ssec.6) In this section— appeal period means the 1 calendar month from the date of conviction or sentence mentioned in the Criminal Code , section 671 .\n- (a) a court sentences a child for an offence under section 175A ; and\n- (b) the offence involves the commission of violence against a person; and\n- (c) the court considers the offence to be a particularly heinous offence having regard to all the circumstances.\n- (a) the need to protect the community; and\n- (b) the safety or wellbeing of a person other than the child; and\n- (c) the impact of publication on the child’s rehabilitation; and\n- (d) any other relevant matter.","sortOrder":376},{"sectionNumber":"pt.7-div.11","sectionType":"division","heading":"Restitution and compensation","content":"## Restitution and compensation","sortOrder":377},{"sectionNumber":"sec.235","sectionType":"section","heading":"Restitution, compensation","content":"### sec.235 Restitution, compensation\n\nIn this section—\noffence affected property includes—\nproperty in relation to which the offence was committed; or\nproperty affected in the course of, or in connection with, the commission of the offence, for example, property of a victim of an offence committed against the victim’s person.\nIf a child is found guilty before a court of an offence relating to property or against the person of another, the court may in addition to making a sentence order against the child, make 1 or more of the following orders—\nan order that the child make restitution of offence affected property;\nan order that the child pay compensation (not more than an amount equal to 20 penalty units) for loss caused to offence affected property;\nan order that the child pay compensation for injury suffered by another person (whether the victim against whose person the offence was committed or another) because of the commission of the offence.\nAn order under this section requiring a child to pay an amount by way of compensation or making restitution must direct—\nthat the amount must be paid by a time specified in the order or by instalments specified in the order; and\nthat the amount must be paid in the first instance to the proper officer of the court.\nAn order under this section may include a direction the court considers necessary or convenient for the order, for example the way in which restitution of property is to be carried out.\nA court may make an order requiring a child to pay an amount under this section only if the court is satisfied that the child has the capacity to pay the amount.\ns 235 prev s 235 ins 1996 No. 22 s 86\nexp 31 December 1996 (see s 235(4)(b))\nAIA s 20A applies (see s 235(4)(c))\npres s 235 amd 2003 No. 57 s 39 (1) – (2) sch 3\n(sec.235-ssec.1) In this section— offence affected property includes— property in relation to which the offence was committed; or property affected in the course of, or in connection with, the commission of the offence, for example, property of a victim of an offence committed against the victim’s person.\n(sec.235-ssec.2) If a child is found guilty before a court of an offence relating to property or against the person of another, the court may in addition to making a sentence order against the child, make 1 or more of the following orders— an order that the child make restitution of offence affected property; an order that the child pay compensation (not more than an amount equal to 20 penalty units) for loss caused to offence affected property; an order that the child pay compensation for injury suffered by another person (whether the victim against whose person the offence was committed or another) because of the commission of the offence.\n(sec.235-ssec.3) An order under this section requiring a child to pay an amount by way of compensation or making restitution must direct— that the amount must be paid by a time specified in the order or by instalments specified in the order; and that the amount must be paid in the first instance to the proper officer of the court.\n(sec.235-ssec.4) An order under this section may include a direction the court considers necessary or convenient for the order, for example the way in which restitution of property is to be carried out.\n(sec.235-ssec.5) A court may make an order requiring a child to pay an amount under this section only if the court is satisfied that the child has the capacity to pay the amount.\n- (a) property in relation to which the offence was committed; or\n- (b) property affected in the course of, or in connection with, the commission of the offence, for example, property of a victim of an offence committed against the victim’s person.\n- (a) an order that the child make restitution of offence affected property;\n- (b) an order that the child pay compensation (not more than an amount equal to 20 penalty units) for loss caused to offence affected property;\n- (c) an order that the child pay compensation for injury suffered by another person (whether the victim against whose person the offence was committed or another) because of the commission of the offence.\n- (a) that the amount must be paid by a time specified in the order or by instalments specified in the order; and\n- (b) that the amount must be paid in the first instance to the proper officer of the court.","sortOrder":378},{"sectionNumber":"pt.7-div.12","sectionType":"division","heading":"Contravention of community based orders and related matters","content":"## Contravention of community based orders and related matters","sortOrder":379},{"sectionNumber":"sec.236","sectionType":"section","heading":"Reference to child","content":"### sec.236 Reference to child\n\nA reference in this division to a child against whom a community based order has been made includes a person who has become an adult since the order was made.\nSubsection (1) does not limit section 142 .\ns 236 ins 2002 No. 39 s 98\n(sec.236-ssec.1) A reference in this division to a child against whom a community based order has been made includes a person who has become an adult since the order was made.\n(sec.236-ssec.2) Subsection (1) does not limit section 142 .","sortOrder":380},{"sectionNumber":"sec.237","sectionType":"section","heading":"Chief executive must warn child about contravention","content":"### sec.237 Chief executive must warn child about contravention\n\nThis section applies if—\na community based order is made against a child; and\nthe chief executive reasonably believes the child has contravened the order.\nThe chief executive must warn the child of the consequences of further contravention, including the making of an application under section 238 .\nHowever, subsection (2) does not apply if the chief executive does not know the child’s whereabouts and can not reasonably find out.\ns 237 ins 2002 No. 39 s 98\namd 2014 No. 9 s 14 ; 2016 No. 38 s 33\n(sec.237-ssec.1) This section applies if— a community based order is made against a child; and the chief executive reasonably believes the child has contravened the order.\n(sec.237-ssec.2) The chief executive must warn the child of the consequences of further contravention, including the making of an application under section 238 .\n(sec.237-ssec.3) However, subsection (2) does not apply if the chief executive does not know the child’s whereabouts and can not reasonably find out.\n- (a) a community based order is made against a child; and\n- (b) the chief executive reasonably believes the child has contravened the order.","sortOrder":381},{"sectionNumber":"sec.238","sectionType":"section","heading":"Chief executive’s application on contravention","content":"### sec.238 Chief executive’s application on contravention\n\nThis section applies if—\na community based order is made against a child; and\nthe chief executive reasonably believes the child has contravened the order; and\neither—\nthe contravention is believed to have happened after the child has been given a warning, under section 237 , relating to a previous believed contravention of the order; or\nthe chief executive is not required to warn the child under section 237 ; and\nthe child has not been charged with an offence for the act or omission comprising the contravention.\nThe chief executive, by way of complaint and summons served on the child, may apply to a Childrens Court magistrate for a finding that the child has contravened the order.\nThe application may only be made during the period of the order.\nA copy of the complaint must be served on a parent of the child, unless a parent can not be found after reasonable inquiry.\nA Childrens Court magistrate may issue a warrant for the child’s arrest if the child fails to appear before the court in answer to the summons.\nA justice may issue a warrant for the child’s arrest if the chief executive—\nmakes a complaint before the justice that the child has contravened a community based order; and\ngives information before the justice, on oath, substantiating—\nthe matter of the complaint; and\nthat the chief executive—\ndoes not know the child’s whereabouts and can not reasonably find out; or\nreasonably believes the child would not comply with a summons.\nA warrant issued under subsection (5) or (6) must state which part of the community based order has been contravened.\nFor part 5 , a child arrested under the warrant must be treated as if arrested on a charge of an offence.\nIn this section—\nparent , of a child, includes someone who is apparently a parent of the child.\ns 238 ins 2002 No. 39 s 98\namd 2014 No. 9 s 15 ; 2016 No. 38 s 34\n(sec.238-ssec.1) This section applies if— a community based order is made against a child; and the chief executive reasonably believes the child has contravened the order; and either— the contravention is believed to have happened after the child has been given a warning, under section 237 , relating to a previous believed contravention of the order; or the chief executive is not required to warn the child under section 237 ; and the child has not been charged with an offence for the act or omission comprising the contravention.\n(sec.238-ssec.2) The chief executive, by way of complaint and summons served on the child, may apply to a Childrens Court magistrate for a finding that the child has contravened the order.\n(sec.238-ssec.3) The application may only be made during the period of the order.\n(sec.238-ssec.4) A copy of the complaint must be served on a parent of the child, unless a parent can not be found after reasonable inquiry.\n(sec.238-ssec.5) A Childrens Court magistrate may issue a warrant for the child’s arrest if the child fails to appear before the court in answer to the summons.\n(sec.238-ssec.6) A justice may issue a warrant for the child’s arrest if the chief executive— makes a complaint before the justice that the child has contravened a community based order; and gives information before the justice, on oath, substantiating— the matter of the complaint; and that the chief executive— does not know the child’s whereabouts and can not reasonably find out; or reasonably believes the child would not comply with a summons.\n(sec.238-ssec.7) A warrant issued under subsection (5) or (6) must state which part of the community based order has been contravened.\n(sec.238-ssec.8) For part 5 , a child arrested under the warrant must be treated as if arrested on a charge of an offence.\n(sec.238-ssec.9) In this section— parent , of a child, includes someone who is apparently a parent of the child.\n- (a) a community based order is made against a child; and\n- (b) the chief executive reasonably believes the child has contravened the order; and\n- (c) either— (i) the contravention is believed to have happened after the child has been given a warning, under section 237 , relating to a previous believed contravention of the order; or (ii) the chief executive is not required to warn the child under section 237 ; and\n- (i) the contravention is believed to have happened after the child has been given a warning, under section 237 , relating to a previous believed contravention of the order; or\n- (ii) the chief executive is not required to warn the child under section 237 ; and\n- (d) the child has not been charged with an offence for the act or omission comprising the contravention.\n- (i) the contravention is believed to have happened after the child has been given a warning, under section 237 , relating to a previous believed contravention of the order; or\n- (ii) the chief executive is not required to warn the child under section 237 ; and\n- (a) makes a complaint before the justice that the child has contravened a community based order; and\n- (b) gives information before the justice, on oath, substantiating— (i) the matter of the complaint; and (ii) that the chief executive— (A) does not know the child’s whereabouts and can not reasonably find out; or (B) reasonably believes the child would not comply with a summons.\n- (i) the matter of the complaint; and\n- (ii) that the chief executive— (A) does not know the child’s whereabouts and can not reasonably find out; or (B) reasonably believes the child would not comply with a summons.\n- (A) does not know the child’s whereabouts and can not reasonably find out; or\n- (B) reasonably believes the child would not comply with a summons.\n- (i) the matter of the complaint; and\n- (ii) that the chief executive— (A) does not know the child’s whereabouts and can not reasonably find out; or (B) reasonably believes the child would not comply with a summons.\n- (A) does not know the child’s whereabouts and can not reasonably find out; or\n- (B) reasonably believes the child would not comply with a summons.\n- (A) does not know the child’s whereabouts and can not reasonably find out; or\n- (B) reasonably believes the child would not comply with a summons.","sortOrder":382},{"sectionNumber":"sec.239","sectionType":"section","heading":"Cancellation of warrant","content":"### sec.239 Cancellation of warrant\n\nThis section applies if—\na warrant for a child’s arrest is issued under section 238 ; and\nthe child appears before a Childrens Court magistrate other than through the execution of the warrant.\nThe magistrate may cancel the warrant and deal with the child under this division for the alleged contravention of the community based order.\ns 239 ins 2002 No. 39 s 98\n(sec.239-ssec.1) This section applies if— a warrant for a child’s arrest is issued under section 238 ; and the child appears before a Childrens Court magistrate other than through the execution of the warrant.\n(sec.239-ssec.2) The magistrate may cancel the warrant and deal with the child under this division for the alleged contravention of the community based order.\n- (a) a warrant for a child’s arrest is issued under section 238 ; and\n- (b) the child appears before a Childrens Court magistrate other than through the execution of the warrant.","sortOrder":383},{"sectionNumber":"sec.240","sectionType":"section","heading":"General options available on breach of order","content":"### sec.240 General options available on breach of order\n\nThis section applies if—\na complaint is made under section 238 that a child has breached a community based order; and\nthe child appears before a Childrens Court magistrate; and\nthe magistrate is satisfied beyond reasonable doubt the contravention has happened.\nIf the order was made by a Childrens Court magistrate, the magistrate may take the following action—\nfor an order other than a conditional release order—any action allowed under section 245 ;\nfor a conditional release order—any action allowed under section 246 or 246A .\nIf the order was made by a higher court, the magistrate may take the following action—\nif the magistrate considers that, having regard to the circumstances of the contravention, the order should be discharged and the child dealt with for the offence in respect of which the order was made—order the child to appear before the higher court;\notherwise—\nfor an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or\nfor a conditional release order—deal with the child under section 246 (3) or 246A (3) .\nIf the magistrate orders the child to appear before the higher court, the magistrate may commit the child to custody or release the child under part 5 to be brought or to appear before the higher court.\nIn this section—\nhigher court means the Supreme Court or a Childrens Court judge.\ns 240 ins 2002 No. 39 s 98\namd 2012 No. 41 s 28 ; 2014 No. 9 s 15A ; 2016 No. 38 s 35 ; 2023 No. 3 s 23\n(sec.240-ssec.1) This section applies if— a complaint is made under section 238 that a child has breached a community based order; and the child appears before a Childrens Court magistrate; and the magistrate is satisfied beyond reasonable doubt the contravention has happened.\n(sec.240-ssec.2) If the order was made by a Childrens Court magistrate, the magistrate may take the following action— for an order other than a conditional release order—any action allowed under section 245 ; for a conditional release order—any action allowed under section 246 or 246A .\n(sec.240-ssec.3) If the order was made by a higher court, the magistrate may take the following action— if the magistrate considers that, having regard to the circumstances of the contravention, the order should be discharged and the child dealt with for the offence in respect of which the order was made—order the child to appear before the higher court; otherwise— for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or for a conditional release order—deal with the child under section 246 (3) or 246A (3) .\n(sec.240-ssec.4) If the magistrate orders the child to appear before the higher court, the magistrate may commit the child to custody or release the child under part 5 to be brought or to appear before the higher court.\n(sec.240-ssec.5) In this section— higher court means the Supreme Court or a Childrens Court judge.\n- (a) a complaint is made under section 238 that a child has breached a community based order; and\n- (b) the child appears before a Childrens Court magistrate; and\n- (c) the magistrate is satisfied beyond reasonable doubt the contravention has happened.\n- (a) for an order other than a conditional release order—any action allowed under section 245 ;\n- (b) for a conditional release order—any action allowed under section 246 or 246A .\n- (a) if the magistrate considers that, having regard to the circumstances of the contravention, the order should be discharged and the child dealt with for the offence in respect of which the order was made—order the child to appear before the higher court;\n- (b) otherwise— (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) .\n- (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or\n- (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) .\n- (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or\n- (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) .","sortOrder":384},{"sectionNumber":"sec.241","sectionType":"section","heading":"General options available to superior court to which child committed for breach","content":"### sec.241 General options available to superior court to which child committed for breach\n\nThis section applies if—\nthe chief executive applies to a Childrens Court magistrate under section 238 for a finding that a child has breached a community based order; and\nunder section 240 (3) (a) , the magistrate orders the child to appear before the Supreme Court or a Childrens Court judge (the higher court ); and\nthe higher court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.\nThe higher court may take the following action—\nfor an order other than a conditional release order—any action allowed by section 245 ;\nfor a conditional release order—any action allowed by section 246 or 246A .\nThe proceeding before the higher court must be heard and decided by a judge sitting without a jury.\ns 241 ins 2002 No. 39 s 98\namd 2012 No. 41 s 29 ; 2014 No. 9 s 15B ; 2016 No. 38 s 36 ; 2023 No. 3 s 24\n(sec.241-ssec.1) This section applies if— the chief executive applies to a Childrens Court magistrate under section 238 for a finding that a child has breached a community based order; and under section 240 (3) (a) , the magistrate orders the child to appear before the Supreme Court or a Childrens Court judge (the higher court ); and the higher court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.\n(sec.241-ssec.2) The higher court may take the following action— for an order other than a conditional release order—any action allowed by section 245 ; for a conditional release order—any action allowed by section 246 or 246A .\n(sec.241-ssec.3) The proceeding before the higher court must be heard and decided by a judge sitting without a jury.\n- (a) the chief executive applies to a Childrens Court magistrate under section 238 for a finding that a child has breached a community based order; and\n- (b) under section 240 (3) (a) , the magistrate orders the child to appear before the Supreme Court or a Childrens Court judge (the higher court ); and\n- (c) the higher court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.\n- (a) for an order other than a conditional release order—any action allowed by section 245 ;\n- (b) for a conditional release order—any action allowed by section 246 or 246A .","sortOrder":385},{"sectionNumber":"sec.242","sectionType":"section","heading":"General options available to court before which child found guilty of an indictable offence","content":"### sec.242 General options available to court before which child found guilty of an indictable offence\n\nThis section applies if—\na child commits an indictable offence while the child is subject to a community based order; and\na court finds the child guilty of the offence.\nIf the order was made by the court, it may take the following action—\nfor an order other than a conditional release order—any action allowed by section 245 ;\nfor a conditional release order—any action allowed by section 246 or 246A .\nIf the order was not made by the court, it may take the following action—\nif it considers that, having regard to the circumstances of the offence, the order should be discharged and the child resentenced for the offence in respect of which the order was made—order the child to appear before the court that made the order or, if it may act under section 243 , act under that section;\notherwise—\nfor an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or\nfor a conditional release order—deal with the child under section 246 (3) or 246A (3) .\nIf the court orders the child to appear before another court under subsection (3) (a) , it may commit the child to custody or release the child under part 5 to be brought or to appear before the other court.\ns 242 ins 2002 No. 39 s 98\namd 2012 No. 41 s 30 ; 2014 No. 9 s 15C ; 2016 No. 38 s 37 ; 2023 No. 3 s 25\n(sec.242-ssec.1) This section applies if— a child commits an indictable offence while the child is subject to a community based order; and a court finds the child guilty of the offence.\n(sec.242-ssec.2) If the order was made by the court, it may take the following action— for an order other than a conditional release order—any action allowed by section 245 ; for a conditional release order—any action allowed by section 246 or 246A .\n(sec.242-ssec.3) If the order was not made by the court, it may take the following action— if it considers that, having regard to the circumstances of the offence, the order should be discharged and the child resentenced for the offence in respect of which the order was made—order the child to appear before the court that made the order or, if it may act under section 243 , act under that section; otherwise— for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or for a conditional release order—deal with the child under section 246 (3) or 246A (3) .\n(sec.242-ssec.4) If the court orders the child to appear before another court under subsection (3) (a) , it may commit the child to custody or release the child under part 5 to be brought or to appear before the other court.\n- (a) a child commits an indictable offence while the child is subject to a community based order; and\n- (b) a court finds the child guilty of the offence.\n- (a) for an order other than a conditional release order—any action allowed by section 245 ;\n- (b) for a conditional release order—any action allowed by section 246 or 246A .\n- (a) if it considers that, having regard to the circumstances of the offence, the order should be discharged and the child resentenced for the offence in respect of which the order was made—order the child to appear before the court that made the order or, if it may act under section 243 , act under that section;\n- (b) otherwise— (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) .\n- (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or\n- (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) .\n- (i) for an order other than a conditional release order—any action under section 245 other than section 245 (1) (d) (ii) ; or\n- (ii) for a conditional release order—deal with the child under section 246 (3) or 246A (3) .","sortOrder":386},{"sectionNumber":"sec.243","sectionType":"section","heading":"Court may resentence child originally sentenced by lower court","content":"### sec.243 Court may resentence child originally sentenced by lower court\n\nThis section applies to a court acting under section 242 (3) (a) in relation to a community based order that it did not make.\nIf the court is the Supreme Court or a Childrens Court judge and the court that made the order is a Childrens Court magistrate, it may make a sentence order under the following provisions that a Childrens Court magistrate could make in the same circumstances—\nfor an order other than a conditional release order— section 245 (1) (d) (ii) ;\nfor a conditional release order— section 246 (2) or 246A (2) .\nA sentence order made under subsection (2) —\nfor the purposes of an appeal, is taken to be a sentence order made on indictment; but\nfor all other purposes, is taken to be a sentence order made by a Childrens Court magistrate.\nIf the court is the Supreme Court and the court that made the order is a Childrens Court judge, it may make a sentence order under the following provisions that a Childrens Court judge could make in the same circumstances—\nfor an order other than a conditional release order— section 245 (1) (d) (ii) ;\nfor a conditional release order— section 246 (2) or 246A (2) .\nA sentence order made under subsection (4) is taken to be a sentence order made by the Childrens Court judge.\ns 243 ins 2002 No. 39 s 98\namd 2012 No. 41 s 31 ; 2014 No. 9 s 15D ; 2016 No. 38 s 38 ; 2023 No. 3 s 25A\n(sec.243-ssec.1) This section applies to a court acting under section 242 (3) (a) in relation to a community based order that it did not make.\n(sec.243-ssec.2) If the court is the Supreme Court or a Childrens Court judge and the court that made the order is a Childrens Court magistrate, it may make a sentence order under the following provisions that a Childrens Court magistrate could make in the same circumstances— for an order other than a conditional release order— section 245 (1) (d) (ii) ; for a conditional release order— section 246 (2) or 246A (2) .\n(sec.243-ssec.3) A sentence order made under subsection (2) — for the purposes of an appeal, is taken to be a sentence order made on indictment; but for all other purposes, is taken to be a sentence order made by a Childrens Court magistrate.\n(sec.243-ssec.4) If the court is the Supreme Court and the court that made the order is a Childrens Court judge, it may make a sentence order under the following provisions that a Childrens Court judge could make in the same circumstances— for an order other than a conditional release order— section 245 (1) (d) (ii) ; for a conditional release order— section 246 (2) or 246A (2) .\n(sec.243-ssec.5) A sentence order made under subsection (4) is taken to be a sentence order made by the Childrens Court judge.\n- (a) for an order other than a conditional release order— section 245 (1) (d) (ii) ;\n- (b) for a conditional release order— section 246 (2) or 246A (2) .\n- (a) for the purposes of an appeal, is taken to be a sentence order made on indictment; but\n- (b) for all other purposes, is taken to be a sentence order made by a Childrens Court magistrate.\n- (a) for an order other than a conditional release order— section 245 (1) (d) (ii) ;\n- (b) for a conditional release order— section 246 (2) or 246A (2) .","sortOrder":387},{"sectionNumber":"sec.244","sectionType":"section","heading":"General options available to court to which child committed for breach by indictable offence","content":"### sec.244 General options available to court to which child committed for breach by indictable offence\n\nThis section applies if a court orders a child to appear before another court under section 242 (3) (a) .\nThe other court may take the following action—\nfor an order other than a conditional release order—any action allowed by section 245 ;\nfor a conditional release order—any action allowed by section 246 or 246A .\nIf the other court is the Supreme Court or Childrens Court judge, the proceeding must be heard and decided by a judge sitting without a jury.\ns 244 ins 2002 No. 39 s 98\namd 2012 No. 41 s 32 ; 2014 No. 9 s 15E ; 2016 No. 38 s 39 ; 2023 No. 3 s 26\n(sec.244-ssec.1) This section applies if a court orders a child to appear before another court under section 242 (3) (a) .\n(sec.244-ssec.2) The other court may take the following action— for an order other than a conditional release order—any action allowed by section 245 ; for a conditional release order—any action allowed by section 246 or 246A .\n(sec.244-ssec.3) If the other court is the Supreme Court or Childrens Court judge, the proceeding must be heard and decided by a judge sitting without a jury.\n- (a) for an order other than a conditional release order—any action allowed by section 245 ;\n- (b) for a conditional release order—any action allowed by section 246 or 246A .","sortOrder":388},{"sectionNumber":"sec.245","sectionType":"section","heading":"Court’s power on breach of a community based order other than a conditional release order","content":"### sec.245 Court’s power on breach of a community based order other than a conditional release order\n\nA court that acts under this section may—\nfor a probation order—extend the period of the order, but not so that the period by which the order is extended is longer than the period for which the order could be made under sections 175 (1) (d) , 175A (2) (a) , 176 (1) (a) and 180 (3) ; or\nfor a graffiti removal order—\nincrease the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or\nextend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\nfor a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\nfor a community service order—\nincrease the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or\nextend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\nfor an intensive supervision order—extend the period of the order, but not so that the last day of the order is more than 6 months after the court acts under this section; or\nfor any community based order—\nvary another requirement of the order other than the requirement that the child abstain from violation of the law; or\ndischarge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or\non the undertaking of the child to comply in all respects with the order, take no further action.\nThe court may vary the community based order only if the child expresses a willingness to comply with the order as varied.\nAn order under subsection (1) (a) , (aa) , (ab) , (b) or (c) may be made in conjunction with an order under subsection (1) (d) (i) .\nIf the court decides to extend the period of the community based order, the court must have regard to the period for which the child has complied with the order.\nAn order may be made under this section even though, at the time it is made, the community based order in relation to which the order is made is no longer in force because the period of the community based order has ended.\nFor part 6 , division 9 , subdivision 4 , an order or decision mentioned in this section and made by a Childrens Court magistrate is a sentence order.\nIn this section—\ncommunity based order means a community based order other than a conditional release order.\ns 245 ins 2002 No. 39 s 98\namd 2012 No. 41 s 33 ; 2013 No. 31 s 90 ; 2014 No. 9 s 16 ; 2016 No. 38 s 40 ; 2016 No. 39 s 27 ; 2024 No. 54 s 29\n(sec.245-ssec.1) A court that acts under this section may— for a probation order—extend the period of the order, but not so that the period by which the order is extended is longer than the period for which the order could be made under sections 175 (1) (d) , 175A (2) (a) , 176 (1) (a) and 180 (3) ; or for a graffiti removal order— increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a community service order— increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for an intensive supervision order—extend the period of the order, but not so that the last day of the order is more than 6 months after the court acts under this section; or for any community based order— vary another requirement of the order other than the requirement that the child abstain from violation of the law; or discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or on the undertaking of the child to comply in all respects with the order, take no further action.\n(sec.245-ssec.2) The court may vary the community based order only if the child expresses a willingness to comply with the order as varied.\n(sec.245-ssec.3) An order under subsection (1) (a) , (aa) , (ab) , (b) or (c) may be made in conjunction with an order under subsection (1) (d) (i) .\n(sec.245-ssec.4) If the court decides to extend the period of the community based order, the court must have regard to the period for which the child has complied with the order.\n(sec.245-ssec.5) An order may be made under this section even though, at the time it is made, the community based order in relation to which the order is made is no longer in force because the period of the community based order has ended.\n(sec.245-ssec.6) For part 6 , division 9 , subdivision 4 , an order or decision mentioned in this section and made by a Childrens Court magistrate is a sentence order.\n(sec.245-ssec.7) In this section— community based order means a community based order other than a conditional release order.\n- (a) for a probation order—extend the period of the order, but not so that the period by which the order is extended is longer than the period for which the order could be made under sections 175 (1) (d) , 175A (2) (a) , 176 (1) (a) and 180 (3) ; or\n- (aa) for a graffiti removal order— (i) increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or (ii) extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\n- (i) increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or\n- (ii) extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\n- (ab) for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\n- (b) for a community service order— (i) increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or (ii) extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\n- (i) increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or\n- (ii) extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\n- (c) for an intensive supervision order—extend the period of the order, but not so that the last day of the order is more than 6 months after the court acts under this section; or\n- (d) for any community based order— (i) vary another requirement of the order other than the requirement that the child abstain from violation of the law; or (ii) discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or (iii) on the undertaking of the child to comply in all respects with the order, take no further action.\n- (i) vary another requirement of the order other than the requirement that the child abstain from violation of the law; or\n- (ii) discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or\n- (iii) on the undertaking of the child to comply in all respects with the order, take no further action.\n- (i) increase the number of graffiti removal service hours but not so that the total number of hours is more than the number allowed under section 176A (3) or sections 194F to 194I ; or\n- (ii) extend the period within which the graffiti removal service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\n- (i) increase the number of community service hours, but not so that the total number of hours is more than the number allowed under section 175 (1) (e) ; or\n- (ii) extend the period within which the community service must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\n- (i) vary another requirement of the order other than the requirement that the child abstain from violation of the law; or\n- (ii) discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence; or\n- (iii) on the undertaking of the child to comply in all respects with the order, take no further action.","sortOrder":389},{"sectionNumber":"sec.246","sectionType":"section","heading":"Court’s power on breach of conditional release order—order made for offence other than prescribed indictable offence","content":"### sec.246 Court’s power on breach of conditional release order—order made for offence other than prescribed indictable offence\n\nThis section applies if the conditional release order was made in relation to an offence other than a prescribed indictable offence.\nA court that acts under this section may revoke the conditional release order and order the child to serve the sentence of detention for which the conditional release order was made.\nHowever, instead of revoking the conditional release order, the court may permit the child a further opportunity to satisfy the requirements of the order and, for that purpose, may—\nvary the requirements in a way it considers just; or\nextend the program period for the order, but not so that the last day of the period is more than 6 months after the court acts under this section.\nThe onus is on the child to satisfy the court it should permit the child this further opportunity.\nIf the court decides to extend the program period for the conditional release order, the court must have regard to the period for which the child has complied with the order.\nAn order may be made under this section even though, at the time it is made, the conditional release order in relation to which the order is made is no longer in force because the period of the conditional release order has ended.\nFor part 6 , division 9 , subdivision 4 , an order mentioned in this section and made by a Childrens Court magistrate is a sentence order.\ns 246 ins 2002 No. 39 s 98\namd 2012 No. 41 s 34 ; 2014 No. 9 s 17 ; 2016 No. 38 s 41 ; 2023 No. 3 s 27\n(sec.246-ssec.1) This section applies if the conditional release order was made in relation to an offence other than a prescribed indictable offence.\n(sec.246-ssec.2) A court that acts under this section may revoke the conditional release order and order the child to serve the sentence of detention for which the conditional release order was made.\n(sec.246-ssec.3) However, instead of revoking the conditional release order, the court may permit the child a further opportunity to satisfy the requirements of the order and, for that purpose, may— vary the requirements in a way it considers just; or extend the program period for the order, but not so that the last day of the period is more than 6 months after the court acts under this section.\n(sec.246-ssec.4) The onus is on the child to satisfy the court it should permit the child this further opportunity.\n(sec.246-ssec.5) If the court decides to extend the program period for the conditional release order, the court must have regard to the period for which the child has complied with the order.\n(sec.246-ssec.6) An order may be made under this section even though, at the time it is made, the conditional release order in relation to which the order is made is no longer in force because the period of the conditional release order has ended.\n(sec.246-ssec.7) For part 6 , division 9 , subdivision 4 , an order mentioned in this section and made by a Childrens Court magistrate is a sentence order.\n- (a) vary the requirements in a way it considers just; or\n- (b) extend the program period for the order, but not so that the last day of the period is more than 6 months after the court acts under this section.","sortOrder":390},{"sectionNumber":"sec.246A","sectionType":"section","heading":"Court’s power on breach of conditional release order—order made for prescribed indictable offence","content":"### sec.246A Court’s power on breach of conditional release order—order made for prescribed indictable offence\n\nThis section applies if the conditional release order was made in relation to a prescribed indictable offence.\nThe court must revoke the conditional release order and order the child to serve the sentence of detention for which the conditional release order was made, unless the court considers there are special circumstances.\nIf the court considers there are special circumstances—\nthe court may act under section 246 (3) ; and\nsection 246 (5) applies to the court; and\nsection 246 (6) and (7) apply in relation to the order.\nFor part 6 , division 9 , subdivision 4 , an order mentioned in subsection (2) and made by a Childrens Court magistrate is a sentence order.\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nUnder the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\ns 246A ins 2023 No. 3 s 28\n(4) exp 22 March 2028 (see s 246A(4))\n(sec.246A-ssec.1) This section applies if the conditional release order was made in relation to a prescribed indictable offence.\n(sec.246A-ssec.2) The court must revoke the conditional release order and order the child to serve the sentence of detention for which the conditional release order was made, unless the court considers there are special circumstances.\n(sec.246A-ssec.3) If the court considers there are special circumstances— the court may act under section 246 (3) ; and section 246 (5) applies to the court; and section 246 (6) and (7) apply in relation to the order.\n(sec.246A-ssec.3A) For part 6 , division 9 , subdivision 4 , an order mentioned in subsection (2) and made by a Childrens Court magistrate is a sentence order.\n(sec.246A-ssec.4) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that this section has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 . Under the Human Rights Act 2019 , section 45 (2) , this subsection expires 5 years after the commencement.\n- (a) the court may act under section 246 (3) ; and\n- (b) section 246 (5) applies to the court; and\n- (c) section 246 (6) and (7) apply in relation to the order.\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .","sortOrder":391},{"sectionNumber":"sec.246AA","sectionType":"section","heading":null,"content":"### Section sec.246AA\n\ns 246AA ins 2014 No. 9 s 18A\nom 2016 No. 38 s 42","sortOrder":392},{"sectionNumber":"sec.246A-oc.2","sectionType":"section","heading":null,"content":"### Section sec.246A-oc.2\n\ns 246A ins 2012 No. 41 s 35\namd 2014 No. 9 s 18\nom 2016 No. 38 s 42","sortOrder":393},{"sectionNumber":"sec.247","sectionType":"section","heading":"Variation, discharge and resentence in the interests of justice","content":"### sec.247 Variation, discharge and resentence in the interests of justice\n\nIf a community based order is in force for a child, the child or the chief executive may apply to the court that made the order to—\nvary the requirements of the order, other than the requirement that the child abstain from violation of the law; or\nfor an order other than a conditional release order—\ndischarge the order; or\ndischarge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or\nfor a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\nfor a conditional release order—revoke the order and order the child to serve the sentence of detention for which the conditional release order was made.\nThe applicant must give written notice of the making of the application—\nif the application is made by the child—to the chief executive; or\nif the application is made by the chief executive—to the child.\nThe court may grant the application if the court considers it would be in the interests of justice, having regard to circumstances that have arisen or become known since the order was made.\nThe application can not be made on the grounds that the child has contravened the order.\nOn an application mentioned in subsection (1) (b) (ii) , the child can not be resentenced to a greater penalty than would be the case if the balance of the order were served.\na penalty that would impose a greater degree of restriction on the child’s liberty\ns 247 ins 2002 No. 39 s 98\namd 2012 No. 41 s 36 ; 2016 No. 38 s 43 ; 2016 No. 39 s 28\n(sec.247-ssec.1) If a community based order is in force for a child, the child or the chief executive may apply to the court that made the order to— vary the requirements of the order, other than the requirement that the child abstain from violation of the law; or for an order other than a conditional release order— discharge the order; or discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or for a conditional release order—revoke the order and order the child to serve the sentence of detention for which the conditional release order was made.\n(sec.247-ssec.2) The applicant must give written notice of the making of the application— if the application is made by the child—to the chief executive; or if the application is made by the chief executive—to the child.\n(sec.247-ssec.3) The court may grant the application if the court considers it would be in the interests of justice, having regard to circumstances that have arisen or become known since the order was made.\n(sec.247-ssec.4) The application can not be made on the grounds that the child has contravened the order.\n(sec.247-ssec.5) On an application mentioned in subsection (1) (b) (ii) , the child can not be resentenced to a greater penalty than would be the case if the balance of the order were served. a penalty that would impose a greater degree of restriction on the child’s liberty\n- (a) vary the requirements of the order, other than the requirement that the child abstain from violation of the law; or\n- (b) for an order other than a conditional release order— (i) discharge the order; or (ii) discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or\n- (i) discharge the order; or\n- (ii) discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or\n- (ba) for a restorative justice order—extend the period within which the child’s obligations under the order must be performed, but not so that the extended period ends more than 1 year after the court acts under this section; or\n- (c) for a conditional release order—revoke the order and order the child to serve the sentence of detention for which the conditional release order was made.\n- (i) discharge the order; or\n- (ii) discharge the order and resentence the child for the offence in respect of which the order was made as if the child had just been found guilty before the court of the offence; or\n- (a) if the application is made by the child—to the chief executive; or\n- (b) if the application is made by the chief executive—to the child.","sortOrder":394},{"sectionNumber":"sec.248","sectionType":"section","heading":"Detention reduced to the extent just","content":"### sec.248 Detention reduced to the extent just\n\nThis section applies to a court if, under this division, it revokes a conditional release order and orders a child to serve the period of detention for which the conditional release order was made.\nThe court must reduce the period of detention by the period the court considers just, having regard to everything done by the child to conform with the conditional release order.\ns 248 ins 2002 No. 39 s 98\namd 2012 No. 41 s 37 ; 2016 No. 38 s 44\n(sec.248-ssec.1) This section applies to a court if, under this division, it revokes a conditional release order and orders a child to serve the period of detention for which the conditional release order was made.\n(sec.248-ssec.2) The court must reduce the period of detention by the period the court considers just, having regard to everything done by the child to conform with the conditional release order.","sortOrder":395},{"sectionNumber":"sec.249","sectionType":"section","heading":"Matters relevant to making further order","content":"### sec.249 Matters relevant to making further order\n\nThis section applies to a court if, under this division, it discharges a community based order, other than a conditional release order, and resentences the child for the offence in respect of which the order was made.\nThe court must have regard to—\nthe reasons for making the order; and\nanything done by the child in compliance with the order.\nIf the community based order is a community service order made under section 175A (9) , the court need not, when resentencing the child for the offence for which the order was made, make another community service order.\nIf the community based order is a graffiti removal order, the court need not, when resentencing the child for the graffiti offence for which the order was made, make another graffiti removal order.\ns 249 ins 2002 No. 39 s 98\namd 2012 No. 41 s 38 ; 2013 No. 31 s 91 ; 2016 No. 38 s 45 ; 2024 No. 54 s 29A\n(sec.249-ssec.1) This section applies to a court if, under this division, it discharges a community based order, other than a conditional release order, and resentences the child for the offence in respect of which the order was made.\n(sec.249-ssec.2) The court must have regard to— the reasons for making the order; and anything done by the child in compliance with the order.\n(sec.249-ssec.2A) If the community based order is a community service order made under section 175A (9) , the court need not, when resentencing the child for the offence for which the order was made, make another community service order.\n(sec.249-ssec.3) If the community based order is a graffiti removal order, the court need not, when resentencing the child for the graffiti offence for which the order was made, make another graffiti removal order.\n- (a) the reasons for making the order; and\n- (b) anything done by the child in compliance with the order.","sortOrder":396},{"sectionNumber":"sec.250","sectionType":"section","heading":"Affidavits may be used in certain proceedings","content":"### sec.250 Affidavits may be used in certain proceedings\n\nIn a proceeding before a court under this division, evidence by affidavit of a person having direct knowledge of the facts deposed to is admissible to prove facts material to any question.\nThe proceeding may be decided on evidence by affidavit alone, unless the court orders, in the interests of justice, that a person who has made an affidavit be called to give evidence in the proceeding.\nThe court may make an order under subsection (2) of its own initiative or on the application of a party to the proceeding.\nThis section does not limit another way in which the proceeding may be conducted.\ns 250 ins 2002 No. 39 s 98\n(sec.250-ssec.1) In a proceeding before a court under this division, evidence by affidavit of a person having direct knowledge of the facts deposed to is admissible to prove facts material to any question.\n(sec.250-ssec.2) The proceeding may be decided on evidence by affidavit alone, unless the court orders, in the interests of justice, that a person who has made an affidavit be called to give evidence in the proceeding.\n(sec.250-ssec.3) The court may make an order under subsection (2) of its own initiative or on the application of a party to the proceeding.\n(sec.250-ssec.4) This section does not limit another way in which the proceeding may be conducted.","sortOrder":397},{"sectionNumber":"sec.251","sectionType":"section","heading":"Notice of discharge etc. of community based order","content":"### sec.251 Notice of discharge etc. of community based order\n\nIf a court in the exercise of jurisdiction under this division affects the terms or operation of a community based order made against a child, it must cause written notice of the exercise of the jurisdiction to be given to—\nthe child; and\nthe chief executive; and\nif that court is not the court that made the community based order to which the application for exercise of the jurisdiction applied—the court that made the order.\ns 251 ins 2002 No. 39 s 98\n- (a) the child; and\n- (b) the chief executive; and\n- (c) if that court is not the court that made the community based order to which the application for exercise of the jurisdiction applied—the court that made the order.","sortOrder":398},{"sectionNumber":"sec.252","sectionType":"section","heading":"Variations by consent","content":"### sec.252 Variations by consent\n\nThis section applies to a community based order, other than a conditional release order, that is in force for a child.\nThe child or the chief executive may apply to the proper officer of the court that made the order to make stated amendments to the requirements of the order.\nThe application must be accompanied by an affidavit deposing to the fact that the chief executive and the child consent to the proposed amendment of the order.\nIf the application is made under this section, the proper officer must grant the application by amending the order and noting the amendments on the court’s record of the order.\nThe following amendments may not be made under this section—\nan amendment of the requirement that the child abstain from violation of the law;\nfor a community based order, other than a community service order or restorative justice order—an amendment of the period of the order;\nfor a community service order—an amendment that—\nincreases the number of community service hours; or\nlessens the period within which the community service is required to be performed;\nfor a graffiti removal order—an amendment that—\nincreases the number of graffiti removal service hours; or\nlessens the period within which the graffiti removal service is required to be performed;\nan amendment prohibited by the community based order.\ns 252 ins 2002 No. 39 s 98\namd 2012 No. 41 s 39 ; 2013 No. 31 s 92 ; 2016 No. 38 s 46 ; 2016 No. 39 s 29\n(sec.252-ssec.1) This section applies to a community based order, other than a conditional release order, that is in force for a child.\n(sec.252-ssec.2) The child or the chief executive may apply to the proper officer of the court that made the order to make stated amendments to the requirements of the order.\n(sec.252-ssec.3) The application must be accompanied by an affidavit deposing to the fact that the chief executive and the child consent to the proposed amendment of the order.\n(sec.252-ssec.4) If the application is made under this section, the proper officer must grant the application by amending the order and noting the amendments on the court’s record of the order.\n(sec.252-ssec.5) The following amendments may not be made under this section— an amendment of the requirement that the child abstain from violation of the law; for a community based order, other than a community service order or restorative justice order—an amendment of the period of the order; for a community service order—an amendment that— increases the number of community service hours; or lessens the period within which the community service is required to be performed; for a graffiti removal order—an amendment that— increases the number of graffiti removal service hours; or lessens the period within which the graffiti removal service is required to be performed; an amendment prohibited by the community based order.\n- (a) an amendment of the requirement that the child abstain from violation of the law;\n- (b) for a community based order, other than a community service order or restorative justice order—an amendment of the period of the order;\n- (c) for a community service order—an amendment that— (i) increases the number of community service hours; or (ii) lessens the period within which the community service is required to be performed;\n- (i) increases the number of community service hours; or\n- (ii) lessens the period within which the community service is required to be performed;\n- (ca) for a graffiti removal order—an amendment that— (i) increases the number of graffiti removal service hours; or (ii) lessens the period within which the graffiti removal service is required to be performed;\n- (i) increases the number of graffiti removal service hours; or\n- (ii) lessens the period within which the graffiti removal service is required to be performed;\n- (d) an amendment prohibited by the community based order.\n- (i) increases the number of community service hours; or\n- (ii) lessens the period within which the community service is required to be performed;\n- (i) increases the number of graffiti removal service hours; or\n- (ii) lessens the period within which the graffiti removal service is required to be performed;","sortOrder":399},{"sectionNumber":"pt.7-div.12A","sectionType":"division","heading":"Contravention of supervised release orders and related matters","content":"## Contravention of supervised release orders and related matters","sortOrder":400},{"sectionNumber":"sec.252A","sectionType":"section","heading":"Definitions for div 12A","content":"### sec.252A Definitions for div 12A\n\nIn this division—\nchild , for a child on release from detention under a supervised release order, includes, without limiting section 142 , a person who was an adult when the order was made or has become an adult since the order was made.\noriginal sentencing court , for a supervised release order, means the court that made the sentence order relating to the supervised release order.\ns 252A ins 2009 No. 34 s 37","sortOrder":401},{"sectionNumber":"sec.252B","sectionType":"section","heading":"Chief executive must warn child of contravention","content":"### sec.252B Chief executive must warn child of contravention\n\nThis section applies if—\na child is on release from detention under a supervised release order; and\nthe chief executive reasonably believes the child has contravened the order.\nThe chief executive must warn the child of the consequences of further contravention, including the making of an application under section 252C .\nSubsection (2) does not apply if the chief executive does not know the child’s whereabouts and can not reasonably find out.\ns 252B ins 2009 No. 34 s 37\n(sec.252B-ssec.1) This section applies if— a child is on release from detention under a supervised release order; and the chief executive reasonably believes the child has contravened the order.\n(sec.252B-ssec.2) The chief executive must warn the child of the consequences of further contravention, including the making of an application under section 252C .\n(sec.252B-ssec.3) Subsection (2) does not apply if the chief executive does not know the child’s whereabouts and can not reasonably find out.\n- (a) a child is on release from detention under a supervised release order; and\n- (b) the chief executive reasonably believes the child has contravened the order.","sortOrder":402},{"sectionNumber":"sec.252C","sectionType":"section","heading":"Chief executive’s application on contravention","content":"### sec.252C Chief executive’s application on contravention\n\nThis section applies if—\na child is on release from detention under a supervised release order; and\nthe chief executive reasonably believes the child has contravened the order; and\neither—\nthe contravention is believed to have happened after the child has been given a warning, under section 252B , relating to a previous believed contravention of the order; or\nthe chief executive is not required to warn the child under section 252B (3) ; and\nthe child has not been charged with an offence for the act or omission comprising the contravention.\nThe chief executive, by way of complaint and summons served on the child, may apply to a Childrens Court magistrate for a finding that the child has contravened the order.\nA copy of the complaint must be served on a parent of the child, unless a parent can not be found after reasonable inquiry.\nIn this section—\nparent , of a child, includes someone who is apparently a parent of the child.\ns 252C ins 2009 No. 34 s 37\n(sec.252C-ssec.1) This section applies if— a child is on release from detention under a supervised release order; and the chief executive reasonably believes the child has contravened the order; and either— the contravention is believed to have happened after the child has been given a warning, under section 252B , relating to a previous believed contravention of the order; or the chief executive is not required to warn the child under section 252B (3) ; and the child has not been charged with an offence for the act or omission comprising the contravention.\n(sec.252C-ssec.2) The chief executive, by way of complaint and summons served on the child, may apply to a Childrens Court magistrate for a finding that the child has contravened the order.\n(sec.252C-ssec.3) A copy of the complaint must be served on a parent of the child, unless a parent can not be found after reasonable inquiry.\n(sec.252C-ssec.4) In this section— parent , of a child, includes someone who is apparently a parent of the child.\n- (a) a child is on release from detention under a supervised release order; and\n- (b) the chief executive reasonably believes the child has contravened the order; and\n- (c) either— (i) the contravention is believed to have happened after the child has been given a warning, under section 252B , relating to a previous believed contravention of the order; or (ii) the chief executive is not required to warn the child under section 252B (3) ; and\n- (i) the contravention is believed to have happened after the child has been given a warning, under section 252B , relating to a previous believed contravention of the order; or\n- (ii) the chief executive is not required to warn the child under section 252B (3) ; and\n- (d) the child has not been charged with an offence for the act or omission comprising the contravention.\n- (i) the contravention is believed to have happened after the child has been given a warning, under section 252B , relating to a previous believed contravention of the order; or\n- (ii) the chief executive is not required to warn the child under section 252B (3) ; and","sortOrder":403},{"sectionNumber":"sec.252D","sectionType":"section","heading":"General options available to a Childrens Court magistrate on chief executive’s application","content":"### sec.252D General options available to a Childrens Court magistrate on chief executive’s application\n\nThis section applies if—\na complaint is made under section 252C (2) that a child has contravened a supervised release order; and\nthe child appears before a Childrens Court magistrate; and\nthe magistrate is satisfied beyond reasonable doubt that the contravention has happened.\nIf the magistrate considers the child should be given a further opportunity to satisfy the conditions of the order, the magistrate may order that no further action be taken.\nIf subsection (2) does not apply, the magistrate may act under subsection (4) or (5) .\nIf the unexpired part of the child’s sentence is the prescribed period or less, the magistrate may—\norder the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\norder the child to be returned to the detention centre for the unexpired part of the child’s sentence.\nIf the unexpired part of the child’s sentence is more than the prescribed period, the magistrate may order the child to appear before the original sentencing court.\nIn this section—\nprescribed period means—\nfor a sentence imposed under section 175A —3 years; or\notherwise—1 year.\ns 252D ins 2009 No. 34 s 37\namd 2024 No. 54 s 29B\n(sec.252D-ssec.1) This section applies if— a complaint is made under section 252C (2) that a child has contravened a supervised release order; and the child appears before a Childrens Court magistrate; and the magistrate is satisfied beyond reasonable doubt that the contravention has happened.\n(sec.252D-ssec.2) If the magistrate considers the child should be given a further opportunity to satisfy the conditions of the order, the magistrate may order that no further action be taken.\n(sec.252D-ssec.3) If subsection (2) does not apply, the magistrate may act under subsection (4) or (5) .\n(sec.252D-ssec.4) If the unexpired part of the child’s sentence is the prescribed period or less, the magistrate may— order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or order the child to be returned to the detention centre for the unexpired part of the child’s sentence.\n(sec.252D-ssec.5) If the unexpired part of the child’s sentence is more than the prescribed period, the magistrate may order the child to appear before the original sentencing court.\n(sec.252D-ssec.6) In this section— prescribed period means— for a sentence imposed under section 175A —3 years; or otherwise—1 year.\n- (a) a complaint is made under section 252C (2) that a child has contravened a supervised release order; and\n- (b) the child appears before a Childrens Court magistrate; and\n- (c) the magistrate is satisfied beyond reasonable doubt that the contravention has happened.\n- (a) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\n- (b) order the child to be returned to the detention centre for the unexpired part of the child’s sentence.\n- (a) for a sentence imposed under section 175A —3 years; or\n- (b) otherwise—1 year.","sortOrder":404},{"sectionNumber":"sec.252E","sectionType":"section","heading":"General options available to a court if child found guilty of indictable offence","content":"### sec.252E General options available to a court if child found guilty of indictable offence\n\nThis section applies if—\na child on release from detention under a supervised release order commits an indictable offence; and\na court finds the child guilty of the offence.\nThe commission of an indictable offence is a contravention of the supervised release order—see section 228 (4) (a) .\nIf the court (including in its concurrent jurisdiction) was the original sentencing court, or is a higher court, the court may—\nif the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or\norder the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\norder the child to be returned to the detention centre for the unexpired part of the child’s sentence.\nIf subsection (2) does not apply and the court is a Childrens Court magistrate or a Magistrates Court, the court may—\nif the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or\nif the unexpired part of the child’s sentence is the prescribed period or less—\norder the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\norder the child to be returned to the detention centre for the unexpired part of the child’s sentence; or\nif the unexpired part of the child’s sentence is more than the prescribed period—order the child to appear before the original sentencing court.\nIf subsections (2) and (3) do not apply, the court may order the child to appear before the original sentencing court.\nIf the court is a Magistrates Court or the District Court, the order under subsection (2) , (3) or (4) must be made in its concurrent jurisdiction.\nIn this section—\nhigher court means—\nfor a Magistrates Court or a Childrens Court magistrate—the District Court or a Childrens Court judge; or\nfor the District Court or a Childrens Court judge—the Supreme Court.\nprescribed period means—\nfor a sentence imposed under section 175A —3 years; or\notherwise—1 year.\ns 252E ins 2009 No. 34 s 37\namd 2024 No. 54 s 29C\n(sec.252E-ssec.1) This section applies if— a child on release from detention under a supervised release order commits an indictable offence; and a court finds the child guilty of the offence. The commission of an indictable offence is a contravention of the supervised release order—see section 228 (4) (a) .\n(sec.252E-ssec.2) If the court (including in its concurrent jurisdiction) was the original sentencing court, or is a higher court, the court may— if the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or order the child to be returned to the detention centre for the unexpired part of the child’s sentence.\n(sec.252E-ssec.3) If subsection (2) does not apply and the court is a Childrens Court magistrate or a Magistrates Court, the court may— if the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or if the unexpired part of the child’s sentence is the prescribed period or less— order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or order the child to be returned to the detention centre for the unexpired part of the child’s sentence; or if the unexpired part of the child’s sentence is more than the prescribed period—order the child to appear before the original sentencing court.\n(sec.252E-ssec.4) If subsections (2) and (3) do not apply, the court may order the child to appear before the original sentencing court.\n(sec.252E-ssec.5) If the court is a Magistrates Court or the District Court, the order under subsection (2) , (3) or (4) must be made in its concurrent jurisdiction.\n(sec.252E-ssec.6) In this section— higher court means— for a Magistrates Court or a Childrens Court magistrate—the District Court or a Childrens Court judge; or for the District Court or a Childrens Court judge—the Supreme Court. prescribed period means— for a sentence imposed under section 175A —3 years; or otherwise—1 year.\n- (a) a child on release from detention under a supervised release order commits an indictable offence; and\n- (b) a court finds the child guilty of the offence.\n- (a) if the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or\n- (b) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\n- (c) order the child to be returned to the detention centre for the unexpired part of the child’s sentence.\n- (a) if the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or\n- (b) if the unexpired part of the child’s sentence is the prescribed period or less— (i) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or (ii) order the child to be returned to the detention centre for the unexpired part of the child’s sentence; or\n- (i) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\n- (ii) order the child to be returned to the detention centre for the unexpired part of the child’s sentence; or\n- (c) if the unexpired part of the child’s sentence is more than the prescribed period—order the child to appear before the original sentencing court.\n- (i) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\n- (ii) order the child to be returned to the detention centre for the unexpired part of the child’s sentence; or\n- (a) for a Magistrates Court or a Childrens Court magistrate—the District Court or a Childrens Court judge; or\n- (b) for the District Court or a Childrens Court judge—the Supreme Court.\n- (a) for a sentence imposed under section 175A —3 years; or\n- (b) otherwise—1 year.","sortOrder":405},{"sectionNumber":"sec.252F","sectionType":"section","heading":"General options available to a court before which a child is ordered to appear","content":"### sec.252F General options available to a court before which a child is ordered to appear\n\nThis section applies if—\nthe chief executive applies to a Childrens Court magistrate under section 252C for a finding that a child has contravened a supervised release order; and\nunder section 252D , the magistrate orders the child to appear before another court; and\nthe child appears before the other court; and\nthe other court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.\nThis section also applies if —\na child has been ordered by a court to appear before another court under section 252E ; and\nthe child appears before the other court.\nThe other court may—\nif the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or\norder the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\norder the child to be returned to the detention centre for the unexpired part of the child’s sentence.\nFor subsection (1) (d) , the proceeding before the other court must be heard and decided by a judge sitting without a jury.\ns 252F ins 2009 No. 34 s 37\n(sec.252F-ssec.1) This section applies if— the chief executive applies to a Childrens Court magistrate under section 252C for a finding that a child has contravened a supervised release order; and under section 252D , the magistrate orders the child to appear before another court; and the child appears before the other court; and the other court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.\n(sec.252F-ssec.2) This section also applies if — a child has been ordered by a court to appear before another court under section 252E ; and the child appears before the other court.\n(sec.252F-ssec.3) The other court may— if the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or order the child to be returned to the detention centre for the unexpired part of the child’s sentence.\n(sec.252F-ssec.4) For subsection (1) (d) , the proceeding before the other court must be heard and decided by a judge sitting without a jury.\n- (a) the chief executive applies to a Childrens Court magistrate under section 252C for a finding that a child has contravened a supervised release order; and\n- (b) under section 252D , the magistrate orders the child to appear before another court; and\n- (c) the child appears before the other court; and\n- (d) the other court is satisfied beyond reasonable doubt of the matter alleged against the child in the chief executive’s application.\n- (a) a child has been ordered by a court to appear before another court under section 252E ; and\n- (b) the child appears before the other court.\n- (a) if the court considers the child should be given a further opportunity to satisfy the conditions of the order—order that no further action be taken; or\n- (b) order the child to be returned to the detention centre and set a day on which the chief executive must make another supervised release order releasing the child from detention; or\n- (c) order the child to be returned to the detention centre for the unexpired part of the child’s sentence.","sortOrder":406},{"sectionNumber":"sec.252G","sectionType":"section","heading":"Matters relevant to making further order","content":"### sec.252G Matters relevant to making further order\n\nIn making an order under section 252D , 252E or 252F , a court must have regard to anything done by the child in compliance with the supervised release order.\nFor an Act providing rights to anyone of appeal or review—\na finding under section 252D (1) (c) in relation to an order under section 252D (4) (a) or (b) is taken to be a finding of guilt on complaint and summons for an offence; and\nan order under section 252D (2) or (4) (a) or (b) is taken to be a sentence order made on complaint and summons; and\na finding under section 252F (1) (d) is taken to be a finding of guilt on a charge on indictment; and\nan order under section 252E (2) or (3) (a) or (b) or 252F (3) is taken to be a sentence order made on—\ncomplaint and summons, if the order is made by the Childrens Court magistrate or Magistrates Court; or\nindictment, if the order is made by another court.\ns 252G ins 2009 No. 34 s 37\namd 2014 No. 9 s 18B ; 2016 No. 38 s 47 ; 2024 No. 54 s 53\n(sec.252G-ssec.1) In making an order under section 252D , 252E or 252F , a court must have regard to anything done by the child in compliance with the supervised release order.\n(sec.252G-ssec.2) For an Act providing rights to anyone of appeal or review— a finding under section 252D (1) (c) in relation to an order under section 252D (4) (a) or (b) is taken to be a finding of guilt on complaint and summons for an offence; and an order under section 252D (2) or (4) (a) or (b) is taken to be a sentence order made on complaint and summons; and a finding under section 252F (1) (d) is taken to be a finding of guilt on a charge on indictment; and an order under section 252E (2) or (3) (a) or (b) or 252F (3) is taken to be a sentence order made on— complaint and summons, if the order is made by the Childrens Court magistrate or Magistrates Court; or indictment, if the order is made by another court.\n- (a) a finding under section 252D (1) (c) in relation to an order under section 252D (4) (a) or (b) is taken to be a finding of guilt on complaint and summons for an offence; and\n- (b) an order under section 252D (2) or (4) (a) or (b) is taken to be a sentence order made on complaint and summons; and\n- (c) a finding under section 252F (1) (d) is taken to be a finding of guilt on a charge on indictment; and\n- (d) an order under section 252E (2) or (3) (a) or (b) or 252F (3) is taken to be a sentence order made on— (i) complaint and summons, if the order is made by the Childrens Court magistrate or Magistrates Court; or (ii) indictment, if the order is made by another court.\n- (i) complaint and summons, if the order is made by the Childrens Court magistrate or Magistrates Court; or\n- (ii) indictment, if the order is made by another court.\n- (i) complaint and summons, if the order is made by the Childrens Court magistrate or Magistrates Court; or\n- (ii) indictment, if the order is made by another court.","sortOrder":407},{"sectionNumber":"sec.252H","sectionType":"section","heading":"Committal to custody pending appearance before another court","content":"### sec.252H Committal to custody pending appearance before another court\n\nIf a court orders a child to appear before another court under section 252D or 252E , it may commit the child to custody or release the child under part 5 to be brought or to appear before the other court.\nA period spent by a child in custody under subsection (1) is to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.\ns 252H ins 2009 No. 34 s 37\n(sec.252H-ssec.1) If a court orders a child to appear before another court under section 252D or 252E , it may commit the child to custody or release the child under part 5 to be brought or to appear before the other court.\n(sec.252H-ssec.2) A period spent by a child in custody under subsection (1) is to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.","sortOrder":408},{"sectionNumber":"sec.252I","sectionType":"section","heading":"Issue of warrant for child in particular circumstances","content":"### sec.252I Issue of warrant for child in particular circumstances\n\nA justice may issue a warrant for the child’s arrest if the chief executive—\nmakes a complaint before the justice that the child has contravened a supervised release order; and\ngives information before the justice, on oath, substantiating—\nthe matter of the complaint; and\nthat the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons.\nAlso, a Childrens Court magistrate may issue a warrant for the child’s arrest if the child fails to appear before the court in answer to a summons under section 252C (2) .\nA warrant issued under subsection (1) or (2) must state which part of the supervised release order has been contravened.\nFor part 5 , a child arrested under a warrant issued under subsection (1) or (2) must be treated as if arrested on a charge of an offence.\nIf a warrant is issued against a child under subsection (1) or (2) and the child appears before a Childrens Court magistrate other than through the execution of the warrant, the magistrate may cancel the warrant.\nA period spent by a child in custody on the execution of a warrant issued under subsection (1) or (2) is to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.\nThe period spent by the child out of custody after the issue of a warrant under subsection (1) or (2) is not to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.\ns 252I ins 2009 No. 34 s 37\namd 2010 No. 5 s 243\n(sec.252I-ssec.1) A justice may issue a warrant for the child’s arrest if the chief executive— makes a complaint before the justice that the child has contravened a supervised release order; and gives information before the justice, on oath, substantiating— the matter of the complaint; and that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons.\n(sec.252I-ssec.2) Also, a Childrens Court magistrate may issue a warrant for the child’s arrest if the child fails to appear before the court in answer to a summons under section 252C (2) .\n(sec.252I-ssec.3) A warrant issued under subsection (1) or (2) must state which part of the supervised release order has been contravened.\n(sec.252I-ssec.4) For part 5 , a child arrested under a warrant issued under subsection (1) or (2) must be treated as if arrested on a charge of an offence.\n(sec.252I-ssec.5) If a warrant is issued against a child under subsection (1) or (2) and the child appears before a Childrens Court magistrate other than through the execution of the warrant, the magistrate may cancel the warrant.\n(sec.252I-ssec.6) A period spent by a child in custody on the execution of a warrant issued under subsection (1) or (2) is to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.\n(sec.252I-ssec.7) The period spent by the child out of custody after the issue of a warrant under subsection (1) or (2) is not to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released.\n- (a) makes a complaint before the justice that the child has contravened a supervised release order; and\n- (b) gives information before the justice, on oath, substantiating— (i) the matter of the complaint; and (ii) that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons.\n- (i) the matter of the complaint; and\n- (ii) that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons.\n- (i) the matter of the complaint; and\n- (ii) that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons.","sortOrder":409},{"sectionNumber":"sec.252J","sectionType":"section","heading":"Effect of expiry of supervised release order before application dealt with","content":"### sec.252J Effect of expiry of supervised release order before application dealt with\n\nThis section applies if a supervised release order expires before a child is finally dealt with on an application under this division.\nThe application expires.\nIf the child is in custody under a warrant issued under section 252I or a court order under section 252H (1) , the child must be released from custody under the warrant or order.\ns 252J ins 2009 No. 34 s 37\n(sec.252J-ssec.1) This section applies if a supervised release order expires before a child is finally dealt with on an application under this division.\n(sec.252J-ssec.2) The application expires.\n(sec.252J-ssec.3) If the child is in custody under a warrant issued under section 252I or a court order under section 252H (1) , the child must be released from custody under the warrant or order.","sortOrder":410},{"sectionNumber":"pt.7-div.13","sectionType":"division","heading":"Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland)","content":"## Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland)","sortOrder":411},{"sectionNumber":"sec.253","sectionType":"section","heading":"Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland) generally","content":"### sec.253 Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland) generally\n\nSubject to this Act, the provisions of the Transport Operations (Road Use Management) Act 1995 and the Heavy Vehicle National Law (Queensland) apply in relation to a child as they apply in relation to an adult.\nFor this purpose, for the Transport Operations (Road Use Management) Act 1995 —\na reference in that Act to a Magistrates Court or justice is taken to include a reference to a Childrens Court magistrate; and\na reference in that Act to a clerk of a Magistrates Court is taken to be a reference to a clerk of a Childrens Court.\ns 253 amd 1999 No. 42 s 54 (3) sch pt 3 ; 2013 No. 26 s 105 sch 1\n(sec.253-ssec.1) Subject to this Act, the provisions of the Transport Operations (Road Use Management) Act 1995 and the Heavy Vehicle National Law (Queensland) apply in relation to a child as they apply in relation to an adult.\n(sec.253-ssec.2) For this purpose, for the Transport Operations (Road Use Management) Act 1995 — a reference in that Act to a Magistrates Court or justice is taken to include a reference to a Childrens Court magistrate; and a reference in that Act to a clerk of a Magistrates Court is taken to be a reference to a clerk of a Childrens Court.\n- (a) a reference in that Act to a Magistrates Court or justice is taken to include a reference to a Childrens Court magistrate; and\n- (b) a reference in that Act to a clerk of a Magistrates Court is taken to be a reference to a clerk of a Childrens Court.","sortOrder":412},{"sectionNumber":"sec.254","sectionType":"section","heading":"Disqualification","content":"### sec.254 Disqualification\n\nIn this section—\ndisqualified means disqualified from holding or obtaining a driver licence.\nIf—\na child is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and\nwere the child convicted of the offence as an adult the child would be liable to be disqualified on the conviction whether under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act;\nthe child is also liable to be disqualified to the same extent.\nIf—\na child aged less than 17 years is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and\na conviction is recorded; and\nwere the child convicted of the offence as an adult, the child would be disqualified by the conviction by operation of law;\nthe child is also disqualified to the same extent.\nIf—\na child aged at least 17 years is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and\nwere the child convicted of the offence as an adult, the child would be disqualified by the conviction by operation of law;\nthe child is also disqualified to the same extent.\nSubject to subsection (7) , the Transport Operations (Road Use Management) Act 1995 , section 82 applies in relation to a child found guilty of an offence under section 79 of that Act and, for this purpose, a mention in the section of a conviction includes a finding of guilt.\nSubject to subsection (7) , the Transport Operations (Road Use Management) Act 1995 , sections 89 and 90 apply in relation to a child acquitted of a charge of an offence.\nSubsections (5) and (6) apply only if the child is of an age when persons generally are eligible to obtain a driver licence.\ns 254 amd 1999 No. 42 s 54 (3) sch pt 3 ; 2003 No. 57 s 39 (1) – (2) sch 3 ; 2018 No. 3 s 47\n(sec.254-ssec.1) In this section— disqualified means disqualified from holding or obtaining a driver licence.\n(sec.254-ssec.2) If— a child is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and were the child convicted of the offence as an adult the child would be liable to be disqualified on the conviction whether under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; the child is also liable to be disqualified to the same extent.\n(sec.254-ssec.3) If— a child aged less than 17 years is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and a conviction is recorded; and were the child convicted of the offence as an adult, the child would be disqualified by the conviction by operation of law; the child is also disqualified to the same extent.\n(sec.254-ssec.4) If— a child aged at least 17 years is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and were the child convicted of the offence as an adult, the child would be disqualified by the conviction by operation of law; the child is also disqualified to the same extent.\n(sec.254-ssec.5) Subject to subsection (7) , the Transport Operations (Road Use Management) Act 1995 , section 82 applies in relation to a child found guilty of an offence under section 79 of that Act and, for this purpose, a mention in the section of a conviction includes a finding of guilt.\n(sec.254-ssec.6) Subject to subsection (7) , the Transport Operations (Road Use Management) Act 1995 , sections 89 and 90 apply in relation to a child acquitted of a charge of an offence.\n(sec.254-ssec.7) Subsections (5) and (6) apply only if the child is of an age when persons generally are eligible to obtain a driver licence.\n- (a) a child is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and\n- (b) were the child convicted of the offence as an adult the child would be liable to be disqualified on the conviction whether under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act;\n- (a) a child aged less than 17 years is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and\n- (b) a conviction is recorded; and\n- (c) were the child convicted of the offence as an adult, the child would be disqualified by the conviction by operation of law;\n- (a) a child aged at least 17 years is found guilty of an offence under the Criminal Code , Transport Operations (Road Use Management) Act 1995 or another Act; and\n- (b) were the child convicted of the offence as an adult, the child would be disqualified by the conviction by operation of law;","sortOrder":413},{"sectionNumber":"pt.7-div.14","sectionType":"division","heading":"Order for identifying particulars to be taken","content":"## Order for identifying particulars to be taken","sortOrder":414},{"sectionNumber":"sec.255","sectionType":"section","heading":"Court may order sentenced child’s identifying particulars to be taken","content":"### sec.255 Court may order sentenced child’s identifying particulars to be taken\n\nThis section applies if a child is found guilty before a court of an indictable offence or an offence against any of the following Acts that is an arrest offence—\nthe Criminal Code ;\nthe Drugs Misuse Act 1986 ;\nthe Police Service Administration Act 1990 ;\nthe Regulatory Offences Act 1985 ;\nthe Summary Offences Act 2005 ;\nthe Weapons Act 1990 .\nThe court, in addition to making a sentence order against the child, may make an order that the child’s identifying particulars be taken.\nIf the child will not be in custody when the particulars are taken, the order must require the child to report to a police officer at a stated police station between stated hours within 7 days to enable a police officer to take the identifying particulars.\nA child must not contravene the order.\nMaximum penalty—10 penalty units.\nIf the child will be in custody when the particulars are to be taken, the order must require them to be taken at the place the child is held in custody.\nIn this section—\nidentifying particulars means fingerprints and palm prints.\ns 255 ins 1996 No. 22 s 61\namd 2000 No. 5 s 461 sch 3 ; 2002 No. 39 s 99 ; 2005 No. 4 s 30 sch 1\n(sec.255-ssec.1) This section applies if a child is found guilty before a court of an indictable offence or an offence against any of the following Acts that is an arrest offence— the Criminal Code ; the Drugs Misuse Act 1986 ; the Police Service Administration Act 1990 ; the Regulatory Offences Act 1985 ; the Summary Offences Act 2005 ; the Weapons Act 1990 .\n(sec.255-ssec.2) The court, in addition to making a sentence order against the child, may make an order that the child’s identifying particulars be taken.\n(sec.255-ssec.3) If the child will not be in custody when the particulars are taken, the order must require the child to report to a police officer at a stated police station between stated hours within 7 days to enable a police officer to take the identifying particulars.\n(sec.255-ssec.4) A child must not contravene the order. Maximum penalty—10 penalty units.\n(sec.255-ssec.5) If the child will be in custody when the particulars are to be taken, the order must require them to be taken at the place the child is held in custody.\n(sec.255-ssec.6) In this section— identifying particulars means fingerprints and palm prints.\n- (a) the Criminal Code ;\n- (b) the Drugs Misuse Act 1986 ;\n- (c) the Police Service Administration Act 1990 ;\n- (d) the Regulatory Offences Act 1985 ;\n- (e) the Summary Offences Act 2005 ;\n- (f) the Weapons Act 1990 .","sortOrder":415},{"sectionNumber":"pt.7-div.15","sectionType":"division","heading":"Application of legislation relating to victims","content":"## Application of legislation relating to victims","sortOrder":416},{"sectionNumber":"sec.256","sectionType":"section","heading":"Victims of Crime Assistance Act 2009 etc.","content":"### sec.256 Victims of Crime Assistance Act 2009 etc.\n\nTo remove any doubt, it is declared that the Victims of Crime Assistance Act 2009 , and the repealed Criminal Offence Victims Act 1995 as it continues to apply under that Act, apply to an offence committed by a child.\ns 256 sub 1995 No. 54 s 45 sch 2\namd 2002 No. 39 s 100\nsub 2009 No. 35 s 209","sortOrder":417},{"sectionNumber":"sec.256A","sectionType":"section","heading":"Penalties and Sentences Act 1992 , pt 10B","content":"### sec.256A Penalties and Sentences Act 1992 , pt 10B\n\nThe Penalties and Sentences Act 1992 , part 10B applies in relation to the sentencing of a child for an offence mentioned in section 179J of that Act.\nthe Penalties and Sentences Act 1992 , part 10B (Victim impact statements)\ns 256A ins 2024 No. 54 s 31","sortOrder":418},{"sectionNumber":"pt.7-div.16","sectionType":"division","heading":"Orders against parent","content":"## Orders against parent","sortOrder":419},{"sectionNumber":"sec.257","sectionType":"section","heading":"Interpretation","content":"### sec.257 Interpretation\n\nIn this division—\nparent means a guardian of the child, other than the chief executive (child safety).\ns 257 def parent amd 2004 No. 36 s 70\nshow cause hearing means the hearing and determination of the issue of whether a parent should be ordered to pay compensation under section 259 (5) .","sortOrder":420},{"sectionNumber":"sec.258","sectionType":"section","heading":"Notice to parent of child offender","content":"### sec.258 Notice to parent of child offender\n\nThis section applies if it appears to a court, on the evidence or submissions in a case against a child found guilty of a personal or property offence, that—\ncompensation for the offence should be paid to anyone; and\na parent of the child may have contributed to the fact the offence happened by not adequately supervising the child; and\nit is reasonable that the parent should be ordered to pay compensation for the offence.\nThe court may decide to call on a parent of the child to show cause, as directed by the court, why the parent should not pay the compensation.\nThe court may act under subsection (2) on its own initiative or on the prosecution’s application.\nIf the parent is present in court when the court decides to call on the parent to show cause, the court may call on the parent to show cause by announcing its decision in court.\nIf a court calls on a parent under subsection (2) , the court must—\nreduce its grounds to writing; and\ngive a copy to the parent.\nThe court in all cases, instead of acting under subsection (2) , may cause the proper officer of the court to give written notice to the parent calling on the parent to show cause as directed by the notice why the parent should not pay the compensation.\nIf a parent is called on under subsection (4) —\nthe court must reduce its grounds to writing; and\na copy of the grounds must be given, in accordance with the court’s directions (if any), to the parent a reasonable time before the show cause hearing.\nA proceeding under this section or section 259 is a civil proceeding and a court may make an order for the costs of the proceeding.\nIn this section—\ncompensation for the offence means compensation for—\nloss caused to a person’s property whether the loss was an element of the offence charged or happened in the course of the commission of the offence; or\ninjury suffered by a person, whether as the victim of the offence or otherwise, because of the commission of the offence.\ns 258 amd 1996 No. 22 s 62\n(sec.258-ssec.1) This section applies if it appears to a court, on the evidence or submissions in a case against a child found guilty of a personal or property offence, that— compensation for the offence should be paid to anyone; and a parent of the child may have contributed to the fact the offence happened by not adequately supervising the child; and it is reasonable that the parent should be ordered to pay compensation for the offence.\n(sec.258-ssec.2) The court may decide to call on a parent of the child to show cause, as directed by the court, why the parent should not pay the compensation.\n(sec.258-ssec.3) The court may act under subsection (2) on its own initiative or on the prosecution’s application.\n(sec.258-ssec.4) If the parent is present in court when the court decides to call on the parent to show cause, the court may call on the parent to show cause by announcing its decision in court.\n(sec.258-ssec.5) If a court calls on a parent under subsection (2) , the court must— reduce its grounds to writing; and give a copy to the parent.\n(sec.258-ssec.6) The court in all cases, instead of acting under subsection (2) , may cause the proper officer of the court to give written notice to the parent calling on the parent to show cause as directed by the notice why the parent should not pay the compensation.\n(sec.258-ssec.7) If a parent is called on under subsection (4) — the court must reduce its grounds to writing; and a copy of the grounds must be given, in accordance with the court’s directions (if any), to the parent a reasonable time before the show cause hearing.\n(sec.258-ssec.8) A proceeding under this section or section 259 is a civil proceeding and a court may make an order for the costs of the proceeding.\n(sec.258-ssec.9) In this section— compensation for the offence means compensation for— loss caused to a person’s property whether the loss was an element of the offence charged or happened in the course of the commission of the offence; or injury suffered by a person, whether as the victim of the offence or otherwise, because of the commission of the offence.\n- (a) compensation for the offence should be paid to anyone; and\n- (b) a parent of the child may have contributed to the fact the offence happened by not adequately supervising the child; and\n- (c) it is reasonable that the parent should be ordered to pay compensation for the offence.\n- (a) reduce its grounds to writing; and\n- (b) give a copy to the parent.\n- (a) the court must reduce its grounds to writing; and\n- (b) a copy of the grounds must be given, in accordance with the court’s directions (if any), to the parent a reasonable time before the show cause hearing.\n- (a) loss caused to a person’s property whether the loss was an element of the offence charged or happened in the course of the commission of the offence; or\n- (b) injury suffered by a person, whether as the victim of the offence or otherwise, because of the commission of the offence.","sortOrder":421},{"sectionNumber":"sec.259","sectionType":"section","heading":"Show cause hearing","content":"### sec.259 Show cause hearing\n\nAt the show cause hearing—\nevidence and submissions in the case against the child are to be treated as evidence and submissions in the show cause hearing; and\nfurther evidence may be given and submissions made; and\nthe parent may require a witness whose evidence is admitted under paragraph (a) to be recalled to give evidence; and\nthe parent may require any fact stated in submissions mentioned in paragraph (a) to be proved.\nSubject to subsection (1) —\nthe determination of the issues on the show cause hearing must be by way of a fresh hearing on the merits; and\nthe court is not bound by a determination made by it under section 258 .\nIf the parent was called on to show cause on the prosecution’s application, the prosecution is a party to the show cause hearing.\nIf the parent was called on to show cause by the court’s own initiative the prosecution, which in this case always includes the director of public prosecutions, may at the show cause hearing—\nappear and give the court the assistance it may require; or\nintervene as a party with the court’s permission.\nIf, on consideration of the evidence and submissions mentioned in subsection (1) (a) and (b) , a court is satisfied of the matters mentioned in section 258 (1) (a) , (b) and (c) , the court may make an order requiring the parent to pay compensation.\nThe court is to make its decision on the basis of proof beyond a reasonable doubt.\nThe maximum amount of compensation payable under an order is 67 penalty units.\nThe order must direct that—\nthe amount must be paid by a time specified in the order or by instalments specified in the order; and\nthe amount must be paid in the first instance to the proper officer of the court.\nIn determining the amount to be paid by a parent by way of compensation, the court must have regard to the parent’s capacity to pay the amount, which must include an assessment of the effect any order would have on the parent’s capacity to provide for dependants.\nA court may proceed under this section in the absence of the parent if the court is satisfied that the parent has been given notice of the show cause hearing under section 258 .\nA show cause hearing may be heard before the court as constituted when calling on the parent to show cause, or as otherwise constituted.\nTo remove doubt, it is declared that the chief executive (child safety) can not be ordered to pay compensation under subsection (5) .\ns 259 amd 1996 No. 22 s 63 ; 1998 No. 39 s 41 ; 2004 No. 36 s 71\n(sec.259-ssec.1) At the show cause hearing— evidence and submissions in the case against the child are to be treated as evidence and submissions in the show cause hearing; and further evidence may be given and submissions made; and the parent may require a witness whose evidence is admitted under paragraph (a) to be recalled to give evidence; and the parent may require any fact stated in submissions mentioned in paragraph (a) to be proved.\n(sec.259-ssec.2) Subject to subsection (1) — the determination of the issues on the show cause hearing must be by way of a fresh hearing on the merits; and the court is not bound by a determination made by it under section 258 .\n(sec.259-ssec.3) If the parent was called on to show cause on the prosecution’s application, the prosecution is a party to the show cause hearing.\n(sec.259-ssec.4) If the parent was called on to show cause by the court’s own initiative the prosecution, which in this case always includes the director of public prosecutions, may at the show cause hearing— appear and give the court the assistance it may require; or intervene as a party with the court’s permission.\n(sec.259-ssec.5) If, on consideration of the evidence and submissions mentioned in subsection (1) (a) and (b) , a court is satisfied of the matters mentioned in section 258 (1) (a) , (b) and (c) , the court may make an order requiring the parent to pay compensation.\n(sec.259-ssec.6) The court is to make its decision on the basis of proof beyond a reasonable doubt.\n(sec.259-ssec.7) The maximum amount of compensation payable under an order is 67 penalty units.\n(sec.259-ssec.8) The order must direct that— the amount must be paid by a time specified in the order or by instalments specified in the order; and the amount must be paid in the first instance to the proper officer of the court.\n(sec.259-ssec.9) In determining the amount to be paid by a parent by way of compensation, the court must have regard to the parent’s capacity to pay the amount, which must include an assessment of the effect any order would have on the parent’s capacity to provide for dependants.\n(sec.259-ssec.10) A court may proceed under this section in the absence of the parent if the court is satisfied that the parent has been given notice of the show cause hearing under section 258 .\n(sec.259-ssec.11) A show cause hearing may be heard before the court as constituted when calling on the parent to show cause, or as otherwise constituted.\n(sec.259-ssec.12) To remove doubt, it is declared that the chief executive (child safety) can not be ordered to pay compensation under subsection (5) .\n- (a) evidence and submissions in the case against the child are to be treated as evidence and submissions in the show cause hearing; and\n- (b) further evidence may be given and submissions made; and\n- (c) the parent may require a witness whose evidence is admitted under paragraph (a) to be recalled to give evidence; and\n- (d) the parent may require any fact stated in submissions mentioned in paragraph (a) to be proved.\n- (a) the determination of the issues on the show cause hearing must be by way of a fresh hearing on the merits; and\n- (b) the court is not bound by a determination made by it under section 258 .\n- (a) appear and give the court the assistance it may require; or\n- (b) intervene as a party with the court’s permission.\n- (a) the amount must be paid by a time specified in the order or by instalments specified in the order; and\n- (b) the amount must be paid in the first instance to the proper officer of the court.","sortOrder":422},{"sectionNumber":"sec.260","sectionType":"section","heading":"Recovery of unpaid compensations amount","content":"### sec.260 Recovery of unpaid compensations amount\n\nAn amount of compensation ordered to be paid under section 259 , and any amount of costs ordered to be paid, is a debt owed by the parent to the person in whose favour the order is made.\nThe order may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 .\nIf the order is filed in the registry of a Magistrates Court, the order is taken to be an order made by the court and may be enforced as an order of the court.\ns 260 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 64\n(sec.260-ssec.1) An amount of compensation ordered to be paid under section 259 , and any amount of costs ordered to be paid, is a debt owed by the parent to the person in whose favour the order is made.\n(sec.260-ssec.2) The order may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 .\n(sec.260-ssec.3) If the order is filed in the registry of a Magistrates Court, the order is taken to be an order made by the court and may be enforced as an order of the court.","sortOrder":423},{"sectionNumber":"pt.8","sectionType":"part","heading":"Detention administration","content":"# Detention administration","sortOrder":424},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Administration","content":"## Administration","sortOrder":425},{"sectionNumber":"sec.261","sectionType":"section","heading":"Application of Corrective Services Act 2006","content":"### sec.261 Application of Corrective Services Act 2006\n\nThe Corrective Services Act 2006 does not apply to a child, unless this Act expressly applies that Act to a child in particular circumstances.\ns 261 amd 1997 No. 9 s 44 ; 2000 No. 63 s 276 sch 2 ; 2006 No. 29 s 518 sch 3","sortOrder":426},{"sectionNumber":"sec.262","sectionType":"section","heading":"Establishment of detention centres and other places","content":"### sec.262 Establishment of detention centres and other places\n\nThe Governor in Council may, by regulation—\nestablish detention centres and other places for the purposes of this Act; and\ndetermine the purpose for which a place (other than a detention centre) may be used; and\nname a detention centre or other place.\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) has effect—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nDespite the Human Rights Act 2019 , section 43 (3) , subsection (2) does not apply to a regulation made under subsection (1) —\nbefore 23 August 2023; or\nthat declares subsection (2) does not apply to the regulation.\nBefore recommending to the Governor in Council the making of a regulation under subsection (1) to which subsection (2) applies and that establishes a detention centre, the Minister must have regard to whether the establishment of the detention centre would be compatible with human rights.\nTo remove any doubt, it is declared that—\nsubsection (4) does not require the Minister to comply with the Human Rights Act 2019 , section 58 ; and\na failure to comply with subsection (4) does not affect the validity of the regulation.\nA regulation made under subsection (1) to which subsection (2) applies expires when subsection (2) expires.\nThis subsection and subsections (2) to (6) and (8) expire on 31 December 2026.\nA regulation may postpone the expiry of this subsection and subsections (2) to (7) but can not postpone the expiry for more than 1 year after 31 December 2026.\ns 262 amd 2023 No. 21 s 73 (retro)\n(2)–(8) exp 31 December 2026 (see s 262(7))\n(sec.262-ssec.1) The Governor in Council may, by regulation— establish detention centres and other places for the purposes of this Act; and determine the purpose for which a place (other than a detention centre) may be used; and name a detention centre or other place.\n(sec.262-ssec.2) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) has effect— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 .\n(sec.262-ssec.3) Despite the Human Rights Act 2019 , section 43 (3) , subsection (2) does not apply to a regulation made under subsection (1) — before 23 August 2023; or that declares subsection (2) does not apply to the regulation.\n(sec.262-ssec.4) Before recommending to the Governor in Council the making of a regulation under subsection (1) to which subsection (2) applies and that establishes a detention centre, the Minister must have regard to whether the establishment of the detention centre would be compatible with human rights.\n(sec.262-ssec.5) To remove any doubt, it is declared that— subsection (4) does not require the Minister to comply with the Human Rights Act 2019 , section 58 ; and a failure to comply with subsection (4) does not affect the validity of the regulation.\n(sec.262-ssec.6) A regulation made under subsection (1) to which subsection (2) applies expires when subsection (2) expires.\n(sec.262-ssec.7) This subsection and subsections (2) to (6) and (8) expire on 31 December 2026.\n(sec.262-ssec.8) A regulation may postpone the expiry of this subsection and subsections (2) to (7) but can not postpone the expiry for more than 1 year after 31 December 2026.\n- (a) establish detention centres and other places for the purposes of this Act; and\n- (b) determine the purpose for which a place (other than a detention centre) may be used; and\n- (c) name a detention centre or other place.\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .\n- (a) before 23 August 2023; or\n- (b) that declares subsection (2) does not apply to the regulation.\n- (a) subsection (4) does not require the Minister to comply with the Human Rights Act 2019 , section 58 ; and\n- (b) a failure to comply with subsection (4) does not affect the validity of the regulation.","sortOrder":427},{"sectionNumber":"sec.262A","sectionType":"section","heading":"Human Rights Act 2019 , s 58 does not apply to particular acts and decisions","content":"### sec.262A Human Rights Act 2019 , s 58 does not apply to particular acts and decisions\n\nIt is declared that the Human Rights Act 2019 , section 58 does not apply to acts and decisions that—\nare reasonably necessary for the administration of this Act; and\nrelate to—\na child in a relevant detention centre; or\nthe placing of a child in a relevant detention centre.\na decision by the chief executive under section 56 or 265 to place a child in a relevant detention centre\nthe transportation of a child to a relevant detention centre\nthe chief executive’s carrying out of their responsibility under section 263 for the wellbeing of a child detained in a relevant detention centre\nthe chief executive’s carrying out of their responsibility under section 302 to establish programs and services for a child detained in a relevant detention centre\nThis section expires on 31 December 2026.\nA regulation may postpone the expiry of this section but can not postpone the expiry for more than 1 year after 31 December 2026.\nIn this section—\nrelevant detention centre means a detention centre established by a regulation to which section 262 (2) applies.\ns 262A ins 2023 No. 21 s 74 (retro)\nexp 31 December 2026 (see s 262A(2))\n(sec.262A-ssec.1) It is declared that the Human Rights Act 2019 , section 58 does not apply to acts and decisions that— are reasonably necessary for the administration of this Act; and relate to— a child in a relevant detention centre; or the placing of a child in a relevant detention centre. a decision by the chief executive under section 56 or 265 to place a child in a relevant detention centre the transportation of a child to a relevant detention centre the chief executive’s carrying out of their responsibility under section 263 for the wellbeing of a child detained in a relevant detention centre the chief executive’s carrying out of their responsibility under section 302 to establish programs and services for a child detained in a relevant detention centre\n(sec.262A-ssec.2) This section expires on 31 December 2026.\n(sec.262A-ssec.3) A regulation may postpone the expiry of this section but can not postpone the expiry for more than 1 year after 31 December 2026.\n(sec.262A-ssec.4) In this section— relevant detention centre means a detention centre established by a regulation to which section 262 (2) applies.\n- (a) are reasonably necessary for the administration of this Act; and\n- (b) relate to— (i) a child in a relevant detention centre; or (ii) the placing of a child in a relevant detention centre.\n- (i) a child in a relevant detention centre; or\n- (ii) the placing of a child in a relevant detention centre.\n- (i) a child in a relevant detention centre; or\n- (ii) the placing of a child in a relevant detention centre.\n- • a decision by the chief executive under section 56 or 265 to place a child in a relevant detention centre\n- • the transportation of a child to a relevant detention centre\n- • the chief executive’s carrying out of their responsibility under section 263 for the wellbeing of a child detained in a relevant detention centre\n- • the chief executive’s carrying out of their responsibility under section 302 to establish programs and services for a child detained in a relevant detention centre","sortOrder":428},{"sectionNumber":"sec.263","sectionType":"section","heading":"Management of detention centres","content":"### sec.263 Management of detention centres\n\nSubject to this Act, the chief executive is responsible for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.\nThe chief executive may carry out the responsibilities mentioned in subsection (1) by using any convenient form of direction, for example, rules, directions, codes, standards and guidelines relating to—\ndetention centre organisation; or\nfunctions, conduct and responsibilities of detention centre employees; or\ntypes of programs for children detained in a detention centre; or\ncontact between children detained in the detention centre and members of the public; or\narrangements for educational, recreational and social activities of children detained in detention centres.\nIn relation to each detention centre, the chief executive is responsible for—\nproviding services that promote the health and wellbeing of children detained at the centre; and\npromoting the social, cultural and educational development of children detained at the centre; and\nmaintaining discipline and good order in the centre; and\nmaintaining the security and management of the centre.\nThe chief executive must monitor the operation of the detention centres and inspect each detention centre at least once every 3 months.\nAlso, as far as reasonably practicable, the chief executive must ensure principles 4, 17, 20 and 21 of the youth justice principles are complied with in relation to each child detained in a detention centre.\nSubsection (5) does not limit another provision of this Act.\nSubsection (8) applies in relation to the chief executive’s consideration of—\nthe Human Rights Act 2019 , section 30 (2) in relation to a child detained in a detention centre on remand; and\nthe segregation of the child mentioned in paragraph (a) from a child detained on sentence.\nTo remove any doubt, it is declared that the chief executive does not contravene the Human Rights Act 2019 , section 58 (1) only because the chief executive’s consideration takes into account—\nthe safety and wellbeing of the child on remand and other detainees; and\nthe chief executive’s responsibilities and obligations under this section.\ns 263 amd 1996 No. 22 s 66 ; 1998 No. 39 s 42 ; 2002 No. 39 s 101 ; 2009 No. 34 s 45 (3) sch pt 3 amdt 38; 2014 No. 9 s 19 ; 2016 No. 38 s 48 ; 2019 No. 23 s 48 s ch 1 pt 1 ; 2019 No. 5 s 183 ; 2024 No. 54 s 32\n(sec.263-ssec.1) Subject to this Act, the chief executive is responsible for the security and management of detention centres and the safe custody and wellbeing of children detained in detention centres.\n(sec.263-ssec.2) The chief executive may carry out the responsibilities mentioned in subsection (1) by using any convenient form of direction, for example, rules, directions, codes, standards and guidelines relating to— detention centre organisation; or functions, conduct and responsibilities of detention centre employees; or types of programs for children detained in a detention centre; or contact between children detained in the detention centre and members of the public; or arrangements for educational, recreational and social activities of children detained in detention centres.\n(sec.263-ssec.3) In relation to each detention centre, the chief executive is responsible for— providing services that promote the health and wellbeing of children detained at the centre; and promoting the social, cultural and educational development of children detained at the centre; and maintaining discipline and good order in the centre; and maintaining the security and management of the centre.\n(sec.263-ssec.4) The chief executive must monitor the operation of the detention centres and inspect each detention centre at least once every 3 months.\n(sec.263-ssec.5) Also, as far as reasonably practicable, the chief executive must ensure principles 4, 17, 20 and 21 of the youth justice principles are complied with in relation to each child detained in a detention centre.\n(sec.263-ssec.6) Subsection (5) does not limit another provision of this Act.\n(sec.263-ssec.7) Subsection (8) applies in relation to the chief executive’s consideration of— the Human Rights Act 2019 , section 30 (2) in relation to a child detained in a detention centre on remand; and the segregation of the child mentioned in paragraph (a) from a child detained on sentence.\n(sec.263-ssec.8) To remove any doubt, it is declared that the chief executive does not contravene the Human Rights Act 2019 , section 58 (1) only because the chief executive’s consideration takes into account— the safety and wellbeing of the child on remand and other detainees; and the chief executive’s responsibilities and obligations under this section.\n- (a) detention centre organisation; or\n- (b) functions, conduct and responsibilities of detention centre employees; or\n- (c) types of programs for children detained in a detention centre; or\n- (d) contact between children detained in the detention centre and members of the public; or\n- (e) arrangements for educational, recreational and social activities of children detained in detention centres.\n- (a) providing services that promote the health and wellbeing of children detained at the centre; and\n- (b) promoting the social, cultural and educational development of children detained at the centre; and\n- (c) maintaining discipline and good order in the centre; and\n- (d) maintaining the security and management of the centre.\n- (a) the Human Rights Act 2019 , section 30 (2) in relation to a child detained in a detention centre on remand; and\n- (b) the segregation of the child mentioned in paragraph (a) from a child detained on sentence.\n- (a) the safety and wellbeing of the child on remand and other detainees; and\n- (b) the chief executive’s responsibilities and obligations under this section.","sortOrder":429},{"sectionNumber":"sec.263A","sectionType":"section","heading":"Recordings in detention centres and use of body-worn cameras","content":"### sec.263A Recordings in detention centres and use of body-worn cameras\n\nThe chief executive may, for carrying out the chief executive’s responsibilities under section 263 (1) , record images or sounds in a detention centre.\nWithout limiting subsection (1) , the chief executive may authorise a detention centre employee to use a body-worn camera to record images or sounds while the employee is acting in the performance of the employee’s duties.\nHowever, the chief executive or a detention centre employee must not record a communication between a child detained in a detention centre and any of the following persons—\nthe child’s lawyer;\nan officer of a law enforcement agency;\nthe ombudsman;\na community visitor (child);\na child advocacy officer;\nthe public guardian;\na person who is—\na member of the UN subcommittee; or\naccompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee;\nthe inspector of detention services;\nthe human rights commissioner.\nAlso, the chief executive or a detention centre employee must not record a telephone conversation between a child detained in a detention centre and someone else unless—\nthe recording of the conversation is made for a purpose, and in accordance with the requirements, prescribed by regulation; and\nthe conversation is not between a child detained in the detention centre and a person mentioned in subsection (3) .\nSubsections (3) and (4) do not apply to the extent—\nthe communication or telephone conversation is recorded by a detention centre employee using a body-worn camera; and\nthe use is inadvertent, unexpected or incidental to use while acting in the performance of the employee’s duties.\nUse of a body-worn camera by a detention centre employee is lawful if the use is authorised by the chief executive and is in compliance with this section.\nTo remove any doubt, it is declared that subsections (1) , (2) and (6) are provisions authorising the use by the chief executive, or a detention centre employee, of a listening device for the Invasion of Privacy Act 1971 , section 43 (2) (d) .\nIn this section—\nlistening device see the Invasion of Privacy Act 1971 , section 4 .\ntelephone conversation includes a conversation held using any technology that allows reasonably contemporaneous and continuous communication between 2 or more persons.\nuse , of a body-worn camera by a detention centre employee, includes use that—\nis inadvertent or unexpected; or\nis incidental to use while acting in the performance of the employee’s duties.\ns 263A ins 2019 No. 23 s 5\namd 2023 No. 13 s 29 ; 2023 No. 14 s 45 ; 2022 No. 18 s 104 ; 2024 No. 45 s 125\n(sec.263A-ssec.1) The chief executive may, for carrying out the chief executive’s responsibilities under section 263 (1) , record images or sounds in a detention centre.\n(sec.263A-ssec.2) Without limiting subsection (1) , the chief executive may authorise a detention centre employee to use a body-worn camera to record images or sounds while the employee is acting in the performance of the employee’s duties.\n(sec.263A-ssec.3) However, the chief executive or a detention centre employee must not record a communication between a child detained in a detention centre and any of the following persons— the child’s lawyer; an officer of a law enforcement agency; the ombudsman; a community visitor (child); a child advocacy officer; the public guardian; a person who is— a member of the UN subcommittee; or accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; the inspector of detention services; the human rights commissioner.\n(sec.263A-ssec.4) Also, the chief executive or a detention centre employee must not record a telephone conversation between a child detained in a detention centre and someone else unless— the recording of the conversation is made for a purpose, and in accordance with the requirements, prescribed by regulation; and the conversation is not between a child detained in the detention centre and a person mentioned in subsection (3) .\n(sec.263A-ssec.5) Subsections (3) and (4) do not apply to the extent— the communication or telephone conversation is recorded by a detention centre employee using a body-worn camera; and the use is inadvertent, unexpected or incidental to use while acting in the performance of the employee’s duties.\n(sec.263A-ssec.6) Use of a body-worn camera by a detention centre employee is lawful if the use is authorised by the chief executive and is in compliance with this section.\n(sec.263A-ssec.7) To remove any doubt, it is declared that subsections (1) , (2) and (6) are provisions authorising the use by the chief executive, or a detention centre employee, of a listening device for the Invasion of Privacy Act 1971 , section 43 (2) (d) .\n(sec.263A-ssec.8) In this section— listening device see the Invasion of Privacy Act 1971 , section 4 . telephone conversation includes a conversation held using any technology that allows reasonably contemporaneous and continuous communication between 2 or more persons. use , of a body-worn camera by a detention centre employee, includes use that— is inadvertent or unexpected; or is incidental to use while acting in the performance of the employee’s duties.\n- (a) the child’s lawyer;\n- (b) an officer of a law enforcement agency;\n- (c) the ombudsman;\n- (d) a community visitor (child);\n- (e) a child advocacy officer;\n- (f) the public guardian;\n- (g) a person who is— (i) a member of the UN subcommittee; or (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee;\n- (i) a member of the UN subcommittee; or\n- (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee;\n- (h) the inspector of detention services;\n- (i) the human rights commissioner.\n- (i) a member of the UN subcommittee; or\n- (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee;\n- (a) the recording of the conversation is made for a purpose, and in accordance with the requirements, prescribed by regulation; and\n- (b) the conversation is not between a child detained in the detention centre and a person mentioned in subsection (3) .\n- (a) the communication or telephone conversation is recorded by a detention centre employee using a body-worn camera; and\n- (b) the use is inadvertent, unexpected or incidental to use while acting in the performance of the employee’s duties.\n- (a) is inadvertent or unexpected; or\n- (b) is incidental to use while acting in the performance of the employee’s duties.","sortOrder":430},{"sectionNumber":"sec.263B","sectionType":"section","heading":"Requirements for chief executive in relation to recordings and use of body-worn cameras","content":"### sec.263B Requirements for chief executive in relation to recordings and use of body-worn cameras\n\nThe chief executive must make guidelines about—\nthe recording of images and sounds in detention centres under section 263A ; and\nthe use of body-worn cameras by detention centre employees under section 263A .\nAlso, the chief executive must ensure that the following persons are advised that sounds and images may be recorded under section 263A —\na child detained in a detention centre;\na detention centre employee;\na visitor to a detention centre.\ns 263B ins 2019 No. 23 s 5\n(sec.263B-ssec.1) The chief executive must make guidelines about— the recording of images and sounds in detention centres under section 263A ; and the use of body-worn cameras by detention centre employees under section 263A .\n(sec.263B-ssec.2) Also, the chief executive must ensure that the following persons are advised that sounds and images may be recorded under section 263A — a child detained in a detention centre; a detention centre employee; a visitor to a detention centre.\n- (a) the recording of images and sounds in detention centres under section 263A ; and\n- (b) the use of body-worn cameras by detention centre employees under section 263A .\n- (a) a child detained in a detention centre;\n- (b) a detention centre employee;\n- (c) a visitor to a detention centre.","sortOrder":431},{"sectionNumber":"sec.264","sectionType":"section","heading":"Authorisations for Mental Health Act 2016","content":"### sec.264 Authorisations for Mental Health Act 2016\n\nThe chief executive may, by signed writing, authorise a member of staff of a detention centre to exercise powers of a detention centre officer under the Mental Health Act 2016 .\nHowever, the chief executive may authorise a staff member only if, in the chief executive’s opinion, the staff member has the necessary expertise or experience to exercise the powers.\ns 264 ins 2000 No. 16 s 590 sch 1 pt 2\namd 2016 No. 5 s 923 sch 4\n(sec.264-ssec.1) The chief executive may, by signed writing, authorise a member of staff of a detention centre to exercise powers of a detention centre officer under the Mental Health Act 2016 .\n(sec.264-ssec.2) However, the chief executive may authorise a staff member only if, in the chief executive’s opinion, the staff member has the necessary expertise or experience to exercise the powers.","sortOrder":432},{"sectionNumber":"sec.264A","sectionType":"section","heading":null,"content":"### Section sec.264A\n\ns 264A ins 2020 No. 16 s 68\namd 2020 No. 38 s 36\nexp 30 April 2022 (see s 264A(8))","sortOrder":433},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Children in detention centres","content":"## Children in detention centres","sortOrder":434},{"sectionNumber":"sec.265","sectionType":"section","heading":"Where children to be detained","content":"### sec.265 Where children to be detained\n\nThe chief executive must decide the detention centre at which a child ordered to be detained or remanded in custody is to be detained.\nThe chief executive may direct that a child detained in a detention centre be transferred to another detention centre.\ns 265 amd 1996 No. 22 s 69 ; 1998 No. 39 s 46\n(sec.265-ssec.1) The chief executive must decide the detention centre at which a child ordered to be detained or remanded in custody is to be detained.\n(sec.265-ssec.2) The chief executive may direct that a child detained in a detention centre be transferred to another detention centre.","sortOrder":435},{"sectionNumber":"sec.266","sectionType":"section","heading":"Authority for admission to detention centre","content":"### sec.266 Authority for admission to detention centre\n\nThe chief executive must not—\nadmit a child to a detention centre; or\ndetain a child in a detention centre;\nunless the chief executive is given a document mentioned in subsection (2) .\nThe documents are—\na warrant authorising the detention of the child; or\nif the child has been refused bail by a police officer in relation to a charge of an offence—a copy of the bench charge sheet for the offence; or\na court verdict and judgment records containing the name of the child and particulars of the judgment pronounced on the child; or\na document in the prescribed form that contains the relevant details of an existing document mentioned in paragraph (c) ; or\na document prescribed by regulation.\ns 266 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 70 ; 1998 No. 39 s 47 ; 2000 No. 46 s 3 sch\n(sec.266-ssec.1) The chief executive must not— admit a child to a detention centre; or detain a child in a detention centre; unless the chief executive is given a document mentioned in subsection (2) .\n(sec.266-ssec.2) The documents are— a warrant authorising the detention of the child; or if the child has been refused bail by a police officer in relation to a charge of an offence—a copy of the bench charge sheet for the offence; or a court verdict and judgment records containing the name of the child and particulars of the judgment pronounced on the child; or a document in the prescribed form that contains the relevant details of an existing document mentioned in paragraph (c) ; or a document prescribed by regulation.\n- (a) admit a child to a detention centre; or\n- (b) detain a child in a detention centre;\n- (a) a warrant authorising the detention of the child; or\n- (b) if the child has been refused bail by a police officer in relation to a charge of an offence—a copy of the bench charge sheet for the offence; or\n- (c) a court verdict and judgment records containing the name of the child and particulars of the judgment pronounced on the child; or\n- (d) a document in the prescribed form that contains the relevant details of an existing document mentioned in paragraph (c) ; or\n- (e) a document prescribed by regulation.","sortOrder":436},{"sectionNumber":"sec.267","sectionType":"section","heading":"Child must be given information on entry to detention centre","content":"### sec.267 Child must be given information on entry to detention centre\n\nThe chief executive must ensure that, as soon as practicable after a child is admitted to a detention centre, the child is given a document containing the following information—\nthe rules governing the facility;\nthe child’s rights and responsibilities under the youth justice principles;\nhow, and to whom, the child may make a complaint about a matter relating to the detention;\nhow the child can access legal services during the detention;\nthe obligation on a detention centre employee under section 268 to report any harm the child suffers during the detention;\nany other information the chief executive considers appropriate.\nThe chief executive must also ensure the information in the document is orally explained to the child in a way, and to an extent, that is reasonable, having regard to the child’s age and ability to understand.\ns 267 sub 2002 No. 39 s 102\namd 2009 No. 34 s 45 (3) sch pt 3 amdt 38\n(sec.267-ssec.1) The chief executive must ensure that, as soon as practicable after a child is admitted to a detention centre, the child is given a document containing the following information— the rules governing the facility; the child’s rights and responsibilities under the youth justice principles; how, and to whom, the child may make a complaint about a matter relating to the detention; how the child can access legal services during the detention; the obligation on a detention centre employee under section 268 to report any harm the child suffers during the detention; any other information the chief executive considers appropriate.\n(sec.267-ssec.2) The chief executive must also ensure the information in the document is orally explained to the child in a way, and to an extent, that is reasonable, having regard to the child’s age and ability to understand.\n- (a) the rules governing the facility;\n- (b) the child’s rights and responsibilities under the youth justice principles;\n- (c) how, and to whom, the child may make a complaint about a matter relating to the detention;\n- (d) how the child can access legal services during the detention;\n- (e) the obligation on a detention centre employee under section 268 to report any harm the child suffers during the detention;\n- (f) any other information the chief executive considers appropriate.","sortOrder":437},{"sectionNumber":"sec.268","sectionType":"section","heading":"Obligation to report harm to children in detention centres","content":"### sec.268 Obligation to report harm to children in detention centres\n\nIf a detention centre employee becomes aware, or reasonably suspects, that a child has suffered harm while detained in a detention centre, the employee must, unless the employee has a reasonable excuse, report the harm or suspected harm to the chief executive—\nimmediately; and\nif a regulation is in force under subsection (3) —in accordance with the regulation.\nMaximum penalty—20 penalty units.\nIt is immaterial how the harm was caused.\nA regulation may prescribe the way the report must be given or the particulars that the report must include.\nIt is a reasonable excuse for the employee not to report a matter that reporting the matter might tend to incriminate the employee.\nSubsection (1) does not apply if the employee knows, or reasonably supposes, that the chief executive is aware of the harm or suspected harm.\nIn this section—\nharm , to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.\ns 268 ins 2002 No. 39 s 102\n(sec.268-ssec.1) If a detention centre employee becomes aware, or reasonably suspects, that a child has suffered harm while detained in a detention centre, the employee must, unless the employee has a reasonable excuse, report the harm or suspected harm to the chief executive— immediately; and if a regulation is in force under subsection (3) —in accordance with the regulation. Maximum penalty—20 penalty units.\n(sec.268-ssec.2) It is immaterial how the harm was caused.\n(sec.268-ssec.3) A regulation may prescribe the way the report must be given or the particulars that the report must include.\n(sec.268-ssec.4) It is a reasonable excuse for the employee not to report a matter that reporting the matter might tend to incriminate the employee.\n(sec.268-ssec.5) Subsection (1) does not apply if the employee knows, or reasonably supposes, that the chief executive is aware of the harm or suspected harm.\n(sec.268-ssec.6) In this section— harm , to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.\n- (a) immediately; and\n- (b) if a regulation is in force under subsection (3) —in accordance with the regulation.","sortOrder":438},{"sectionNumber":"sec.269","sectionType":"section","heading":"Leave of absence","content":"### sec.269 Leave of absence\n\nSubject to this Act, the chief executive may, by written notice given to a child detained in a detention centre, and subject to conditions that the chief executive determines, grant the child leave of absence.\nThe leave may only be granted—\nfor a specified period; and\nfor a specified purpose set out in subsection (3) ; and\nsubject to specified conditions.\nThe purposes for which leave may be granted are—\nto seek or engage in paid or unpaid employment; and\nto attend any place for educational or training purposes; and\nto visit the child’s family, relatives or friends; and\nto take part in sport, recreation or entertainment in the community; and\nto attend any place for medical examination or treatment; and\nto attend a funeral; and\nany other purpose that the chief executive considers will assist in the child’s reintegration into the community.\nThe leave must not be subject to a condition that the child must wear a monitoring device.\nIf a child is granted leave of absence—\nthe child is taken to be in lawful custody during the period of leave; and\nthe period of leave counts as part of the child’s period of detention.\nIf the child contravenes a condition imposed in relation to a grant of leave of absence (other than a condition with respect to returning to a detention centre) the chief executive may, in writing—\nvary the conditions of the grant; or\ncancel the leave of absence.\ns 269 amd 1996 No. 22 s 71 ; 1998 No. 39 s 48 ; 2019 No. 23 s 26 ; 2021 No. 9 s 29A\n(sec.269-ssec.1) Subject to this Act, the chief executive may, by written notice given to a child detained in a detention centre, and subject to conditions that the chief executive determines, grant the child leave of absence.\n(sec.269-ssec.2) The leave may only be granted— for a specified period; and for a specified purpose set out in subsection (3) ; and subject to specified conditions.\n(sec.269-ssec.3) The purposes for which leave may be granted are— to seek or engage in paid or unpaid employment; and to attend any place for educational or training purposes; and to visit the child’s family, relatives or friends; and to take part in sport, recreation or entertainment in the community; and to attend any place for medical examination or treatment; and to attend a funeral; and any other purpose that the chief executive considers will assist in the child’s reintegration into the community.\n(sec.269-ssec.4) The leave must not be subject to a condition that the child must wear a monitoring device.\n(sec.269-ssec.5) If a child is granted leave of absence— the child is taken to be in lawful custody during the period of leave; and the period of leave counts as part of the child’s period of detention.\n(sec.269-ssec.6) If the child contravenes a condition imposed in relation to a grant of leave of absence (other than a condition with respect to returning to a detention centre) the chief executive may, in writing— vary the conditions of the grant; or cancel the leave of absence.\n- (a) for a specified period; and\n- (b) for a specified purpose set out in subsection (3) ; and\n- (c) subject to specified conditions.\n- (a) to seek or engage in paid or unpaid employment; and\n- (b) to attend any place for educational or training purposes; and\n- (c) to visit the child’s family, relatives or friends; and\n- (d) to take part in sport, recreation or entertainment in the community; and\n- (e) to attend any place for medical examination or treatment; and\n- (f) to attend a funeral; and\n- (g) any other purpose that the chief executive considers will assist in the child’s reintegration into the community.\n- (a) the child is taken to be in lawful custody during the period of leave; and\n- (b) the period of leave counts as part of the child’s period of detention.\n- (a) vary the conditions of the grant; or\n- (b) cancel the leave of absence.","sortOrder":439},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 72 ; 1998 No. 39 s 49 ; 1999 No. 9 s 3 sch ; 2000 No. 63 s 276 sch 2 ; 2002 No. 39 s 103 ; 2006 No. 29 s 518 sch 3\nom 2009 No. 34 s 38","sortOrder":440},{"sectionNumber":"sec.271","sectionType":"section","heading":"Chief executive may authorise treatment","content":"### sec.271 Chief executive may authorise treatment\n\nDespite any other Act or law, the chief executive is authorised to give consent to any medical treatment of a child in the chief executive’s custody if—\nthe medical treatment requires the consent of a guardian of the child; and\nthe chief executive is unable to ascertain the whereabouts of a guardian of the child despite reasonable inquiries; and\nit would be detrimental to the child’s health to delay the medical treatment until the guardian’s consent can be obtained.\ns 271 amd 1996 No. 22 s 73 ; 1998 No. 39 s 50\n- (a) the medical treatment requires the consent of a guardian of the child; and\n- (b) the chief executive is unable to ascertain the whereabouts of a guardian of the child despite reasonable inquiries; and\n- (c) it would be detrimental to the child’s health to delay the medical treatment until the guardian’s consent can be obtained.","sortOrder":441},{"sectionNumber":"sec.272","sectionType":"section","heading":"Ordinary visitor","content":"### sec.272 Ordinary visitor\n\nThis section does not apply to any of the following persons—\na community visitor (child);\na child advocacy officer;\na member of the UN subcommittee;\na person who is accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee;\nthe inspector of detention services.\nThe chief executive may approve the entry of visitors to a detention centre either generally or in a particular case.\nThe chief executive may refuse entry to a detention centre to a person if—\nin the chief executive’s opinion, the person’s presence in the detention centre would prejudice the security or good order of the detention centre; or\nthe person does not, on request, give the person’s name, address or proof of identity; or\nthe person refuses to comply with a request made under subsection (5) .\nSubject to section 276 , the chief executive may require a visit to a detention centre to take place in the presence, or under the supervision, of a member of the staff of the detention centre.\nThe chief executive may, on reasonable grounds, ask a visitor to a detention centre—\nto submit to an external physical search by a member of the staff of the detention centre; or\nto submit anything in the visitor’s possession to a search by a member of the staff of the detention centre.\nThe chief executive may give a visitor who has entered a detention centre a direction it considers necessary for the security or good order of the centre.\nIf a visitor refuses to submit to a search requested under subsection (5) or fails to comply with a direction under subsection (6) , the chief executive may ask the visitor to leave the centre immediately.\nA police officer or a member of the staff of a detention centre may, using force that is reasonable and necessary, remove from the centre a visitor who refuses to leave the centre immediately when requested to leave.\ns 272 amd 1994 No. 87 s 3 sch 1 ; 1996 No. 22 s 74 ; 1998 No. 39 s 51 ; 2000 No. 60 s 175 sch 3 ; 2014 No. 26 s 284 ; 2023 No. 13 s 30 ; 2022 No. 18 s 105 (amdt could not be given effect); 2023 No. 21 s 75\n(sec.272-ssec.1) This section does not apply to any of the following persons— a community visitor (child); a child advocacy officer; a member of the UN subcommittee; a person who is accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; the inspector of detention services.\n(sec.272-ssec.2) The chief executive may approve the entry of visitors to a detention centre either generally or in a particular case.\n(sec.272-ssec.3) The chief executive may refuse entry to a detention centre to a person if— in the chief executive’s opinion, the person’s presence in the detention centre would prejudice the security or good order of the detention centre; or the person does not, on request, give the person’s name, address or proof of identity; or the person refuses to comply with a request made under subsection (5) .\n(sec.272-ssec.4) Subject to section 276 , the chief executive may require a visit to a detention centre to take place in the presence, or under the supervision, of a member of the staff of the detention centre.\n(sec.272-ssec.5) The chief executive may, on reasonable grounds, ask a visitor to a detention centre— to submit to an external physical search by a member of the staff of the detention centre; or to submit anything in the visitor’s possession to a search by a member of the staff of the detention centre.\n(sec.272-ssec.6) The chief executive may give a visitor who has entered a detention centre a direction it considers necessary for the security or good order of the centre.\n(sec.272-ssec.7) If a visitor refuses to submit to a search requested under subsection (5) or fails to comply with a direction under subsection (6) , the chief executive may ask the visitor to leave the centre immediately.\n(sec.272-ssec.8) A police officer or a member of the staff of a detention centre may, using force that is reasonable and necessary, remove from the centre a visitor who refuses to leave the centre immediately when requested to leave.\n- (a) a community visitor (child);\n- (b) a child advocacy officer;\n- (c) a member of the UN subcommittee;\n- (d) a person who is accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee;\n- (e) the inspector of detention services.\n- (a) in the chief executive’s opinion, the person’s presence in the detention centre would prejudice the security or good order of the detention centre; or\n- (b) the person does not, on request, give the person’s name, address or proof of identity; or\n- (c) the person refuses to comply with a request made under subsection (5) .\n- (a) to submit to an external physical search by a member of the staff of the detention centre; or\n- (b) to submit anything in the visitor’s possession to a search by a member of the staff of the detention centre.","sortOrder":442},{"sectionNumber":"sec.273","sectionType":"section","heading":"Commissioner of police service to provide criminal history","content":"### sec.273 Commissioner of police service to provide criminal history\n\nThe chief executive may ask the commissioner of the police service to give the chief executive a report about the criminal history of a person visiting, or who has applied to visit, a detention centre.\nThe commissioner must give the chief executive a written report about the criminal history that—\nis in the commissioner’s possession; or\nthe commissioner can access through arrangements with the police service of another State.\nThe information in the report may include a reference to, or a disclosure of, a conviction referred to in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\nIn this section—\ncriminal history , of a person, means—\nthe offences of which the person has been convicted; or\nthe court briefs for the offences.\ns 273 ins 2002 No. 39 s 104\n(sec.273-ssec.1) The chief executive may ask the commissioner of the police service to give the chief executive a report about the criminal history of a person visiting, or who has applied to visit, a detention centre.\n(sec.273-ssec.2) The commissioner must give the chief executive a written report about the criminal history that— is in the commissioner’s possession; or the commissioner can access through arrangements with the police service of another State.\n(sec.273-ssec.3) The information in the report may include a reference to, or a disclosure of, a conviction referred to in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\n(sec.273-ssec.4) In this section— criminal history , of a person, means— the offences of which the person has been convicted; or the court briefs for the offences.\n- (a) is in the commissioner’s possession; or\n- (b) the commissioner can access through arrangements with the police service of another State.\n- (a) the offences of which the person has been convicted; or\n- (b) the court briefs for the offences.","sortOrder":443},{"sectionNumber":"sec.274","sectionType":"section","heading":"Use of criminal history information","content":"### sec.274 Use of criminal history information\n\nThe chief executive must not use information obtained under section 273 , about a person’s criminal history, other than for assessing—\nany risk of either of the following being harmed by the person—\na child in a detention centre;\na detention centre employee; or\nany risk to the security of the detention centre.\ns 274 ins 2002 No. 39 s 104\n- (a) any risk of either of the following being harmed by the person— (i) a child in a detention centre; (ii) a detention centre employee; or\n- (i) a child in a detention centre;\n- (ii) a detention centre employee; or\n- (b) any risk to the security of the detention centre.\n- (i) a child in a detention centre;\n- (ii) a detention centre employee; or","sortOrder":444},{"sectionNumber":"sec.275","sectionType":"section","heading":"Helping child gain access to lawyer","content":"### sec.275 Helping child gain access to lawyer\n\nThe chief executive must ensure that, if a child detained in a detention centre asks the chief executive or a detention centre employee for help in gaining access to a lawyer, the child is given the help that is reasonable in the circumstances.\ns 275 ins 2002 No. 39 s 104\namd 2004 No. 11 s 596 sch 1","sortOrder":445},{"sectionNumber":"sec.276","sectionType":"section","heading":"Protection of lawyer representing child","content":"### sec.276 Protection of lawyer representing child\n\nA lawyer representing a child held in a detention centre is entitled to access to the child at all reasonable times.\nA detention centre employee—\nmust allow the lawyer to conduct an interview with the child out of the hearing of any other person; and\nmust not open, copy, remove or read any correspondence—\nfrom the child to the lawyer; or\nfrom the lawyer to the child.\nSubsection (2) (b) does not prevent a detention centre employee from handling the correspondence to the extent necessary to give the child access to it or, at the child’s request, to store it in a secure place.\ns 276 amd 2002 No. 39 s 105 (amd 2003 No. 37 s 83 ); 2004 No. 11 s 596 sch 1\n(sec.276-ssec.1) A lawyer representing a child held in a detention centre is entitled to access to the child at all reasonable times.\n(sec.276-ssec.2) A detention centre employee— must allow the lawyer to conduct an interview with the child out of the hearing of any other person; and must not open, copy, remove or read any correspondence— from the child to the lawyer; or from the lawyer to the child.\n(sec.276-ssec.3) Subsection (2) (b) does not prevent a detention centre employee from handling the correspondence to the extent necessary to give the child access to it or, at the child’s request, to store it in a secure place.\n- (a) must allow the lawyer to conduct an interview with the child out of the hearing of any other person; and\n- (b) must not open, copy, remove or read any correspondence— (i) from the child to the lawyer; or (ii) from the lawyer to the child.\n- (i) from the child to the lawyer; or\n- (ii) from the lawyer to the child.\n- (i) from the child to the lawyer; or\n- (ii) from the lawyer to the child.","sortOrder":446},{"sectionNumber":"pt.8-div.2A","sectionType":"division","heading":"Persons to be detained in corrective services facility","content":"## Persons to be detained in corrective services facility","sortOrder":447},{"sectionNumber":"sec.276A","sectionType":"section","heading":"Persons who turn 18 years before delivery into custody of chief executive","content":"### sec.276A Persons who turn 18 years before delivery into custody of chief executive\n\nThis section applies if—\nthe commissioner of the police service takes immediate custody of a person under section 56 (2) (a) or 210 (2) (a) to deliver the person into the custody of the chief executive; and\nthe person is in custody in a watch-house.\nIf the chief executive becomes aware that the person is likely to turn 18 years before the chief executive has decided the custody transfer date for the person, the chief executive must notify the commissioner of the police service and chief executive (corrective services) that the person is likely to be delivered into the custody of the chief executive (corrective services) under this section.\nIf, on the day the person turns 18 years, the chief executive has not decided the custody transfer date for the person, sections 56 (2) (b) and 210 (2) (b) stop applying in relation to the person.\nOn the day the person turns 18 years—\nthe Corrective Services Act 2006 , section 6 applies to the person; and\nthe period mentioned in section 6 (2) of that Act is taken to have started on the day the person was taken into custody in a watch-house under section 56 or 210 .\nWithin 1 business day after the day the person turns 18 years, the chief executive must give the commissioner of the police service and chief executive (corrective services) a notice stating the following—\nthe person’s name;\nif the person has been remanded in custody by a court—that the person is to be held on remand in a corrective services facility;\nif the person has been sentenced to serve a period of detention—\nthat the person is to serve the period of detention as a term of imprisonment in a corrective services facility; and\nthe period of detention the person is liable to serve; and\nthe day on which the person is required to be released from detention under section 227 .\nIn this section—\ncustody transfer date , for the delivery of a person into the custody of the chief executive, means—\nif section 56 applies—the date the chief executive is required to notify the commissioner of the police service for accepting custody of the person under section 56 (3) ; or\nif section 210 applies—the date the chief executive is required to notify the commissioner of the police service for accepting custody of the person under section 210 (3) .\ns 276A ins 2009 No. 34 s 39\nsub 2014 No. 9 s 20 ; 2016 No. 39 s 30 ; 2024 No. 45 s 126 ; 2024 No. 54 s 33\n(sec.276A-ssec.1) This section applies if— the commissioner of the police service takes immediate custody of a person under section 56 (2) (a) or 210 (2) (a) to deliver the person into the custody of the chief executive; and the person is in custody in a watch-house.\n(sec.276A-ssec.2) If the chief executive becomes aware that the person is likely to turn 18 years before the chief executive has decided the custody transfer date for the person, the chief executive must notify the commissioner of the police service and chief executive (corrective services) that the person is likely to be delivered into the custody of the chief executive (corrective services) under this section.\n(sec.276A-ssec.3) If, on the day the person turns 18 years, the chief executive has not decided the custody transfer date for the person, sections 56 (2) (b) and 210 (2) (b) stop applying in relation to the person.\n(sec.276A-ssec.4) On the day the person turns 18 years— the Corrective Services Act 2006 , section 6 applies to the person; and the period mentioned in section 6 (2) of that Act is taken to have started on the day the person was taken into custody in a watch-house under section 56 or 210 .\n(sec.276A-ssec.5) Within 1 business day after the day the person turns 18 years, the chief executive must give the commissioner of the police service and chief executive (corrective services) a notice stating the following— the person’s name; if the person has been remanded in custody by a court—that the person is to be held on remand in a corrective services facility; if the person has been sentenced to serve a period of detention— that the person is to serve the period of detention as a term of imprisonment in a corrective services facility; and the period of detention the person is liable to serve; and the day on which the person is required to be released from detention under section 227 .\n(sec.276A-ssec.6) In this section— custody transfer date , for the delivery of a person into the custody of the chief executive, means— if section 56 applies—the date the chief executive is required to notify the commissioner of the police service for accepting custody of the person under section 56 (3) ; or if section 210 applies—the date the chief executive is required to notify the commissioner of the police service for accepting custody of the person under section 210 (3) .\n- (a) the commissioner of the police service takes immediate custody of a person under section 56 (2) (a) or 210 (2) (a) to deliver the person into the custody of the chief executive; and\n- (b) the person is in custody in a watch-house.\n- (a) the Corrective Services Act 2006 , section 6 applies to the person; and\n- (b) the period mentioned in section 6 (2) of that Act is taken to have started on the day the person was taken into custody in a watch-house under section 56 or 210 .\n- (a) the person’s name;\n- (b) if the person has been remanded in custody by a court—that the person is to be held on remand in a corrective services facility;\n- (c) if the person has been sentenced to serve a period of detention— (i) that the person is to serve the period of detention as a term of imprisonment in a corrective services facility; and (ii) the period of detention the person is liable to serve; and (iii) the day on which the person is required to be released from detention under section 227 .\n- (i) that the person is to serve the period of detention as a term of imprisonment in a corrective services facility; and\n- (ii) the period of detention the person is liable to serve; and\n- (iii) the day on which the person is required to be released from detention under section 227 .\n- (i) that the person is to serve the period of detention as a term of imprisonment in a corrective services facility; and\n- (ii) the period of detention the person is liable to serve; and\n- (iii) the day on which the person is required to be released from detention under section 227 .\n- (a) if section 56 applies—the date the chief executive is required to notify the commissioner of the police service for accepting custody of the person under section 56 (3) ; or\n- (b) if section 210 applies—the date the chief executive is required to notify the commissioner of the police service for accepting custody of the person under section 210 (3) .","sortOrder":448},{"sectionNumber":"sec.276B","sectionType":"section","heading":"Persons who turn 18 years before period of detention begins","content":"### sec.276B Persons who turn 18 years before period of detention begins\n\nThis section applies if—\na detention order is made against a person for an offence committed by the person as a child; and\nthe person is 18 years or more when—\nthe person’s period of detention under the detention order begins; or\nthe person returns to detention to continue or complete a period of detention under the detention order, including, for example, because of a contravention of a conditional release order or supervised release order.\nThe person must serve, continue or complete the period of detention under the detention order as a term of imprisonment in a corrective services facility.\nThe chief executive must, as soon as practicable after becoming aware that a person is to enter a corrective services facility under this section, give the chief executive (corrective services) a notice stating the following—\nthe person’s name;\nthe period of detention the person is liable to serve;\nthe day on which the person is required to be released from detention under section 227 .\ns 276B ins 2009 No. 34 s 39\nsub 2014 No. 9 s 20 ; 2016 No. 39 s 30\namd 2023 No. 3 s 30\nsub 2024 No. 45 s 126 ; 2024 No. 54 s 33\n(sec.276B-ssec.1) This section applies if— a detention order is made against a person for an offence committed by the person as a child; and the person is 18 years or more when— the person’s period of detention under the detention order begins; or the person returns to detention to continue or complete a period of detention under the detention order, including, for example, because of a contravention of a conditional release order or supervised release order.\n(sec.276B-ssec.2) The person must serve, continue or complete the period of detention under the detention order as a term of imprisonment in a corrective services facility.\n(sec.276B-ssec.3) The chief executive must, as soon as practicable after becoming aware that a person is to enter a corrective services facility under this section, give the chief executive (corrective services) a notice stating the following— the person’s name; the period of detention the person is liable to serve; the day on which the person is required to be released from detention under section 227 .\n- (a) a detention order is made against a person for an offence committed by the person as a child; and\n- (b) the person is 18 years or more when— (i) the person’s period of detention under the detention order begins; or (ii) the person returns to detention to continue or complete a period of detention under the detention order, including, for example, because of a contravention of a conditional release order or supervised release order.\n- (i) the person’s period of detention under the detention order begins; or\n- (ii) the person returns to detention to continue or complete a period of detention under the detention order, including, for example, because of a contravention of a conditional release order or supervised release order.\n- (i) the person’s period of detention under the detention order begins; or\n- (ii) the person returns to detention to continue or complete a period of detention under the detention order, including, for example, because of a contravention of a conditional release order or supervised release order.\n- (a) the person’s name;\n- (b) the period of detention the person is liable to serve;\n- (c) the day on which the person is required to be released from detention under section 227 .","sortOrder":449},{"sectionNumber":"sec.276C","sectionType":"section","heading":"Persons who turn 18 years while held on remand or serving period of detention","content":"### sec.276C Persons who turn 18 years while held on remand or serving period of detention\n\nIf a person turns 18 years while being held on remand or serving a period of detention in a detention centre, the person must be transferred to a corrective services facility to be held on remand or to serve the remaining period of detention as a term of imprisonment.\nThe transfer under subsection (1) must be made—\nif a direction about the person is given under section 276D and the chief executive revokes the direction—within 30 days after the direction is revoked; or\notherwise—within 30 days after the day the person turns 18 years.\nA failure to comply with subsection (2) does not affect—\nthe requirement to transfer the person under subsection (1) ; or\nthe validity of a transfer under subsection (1) .\nThe chief executive must, as soon as practicable after becoming aware that a person is likely to be transferred under this section, give the chief executive (corrective services) a notice stating the following—\nthe person’s name;\nthe day the transfer is likely to occur;\nif the person is serving a period of detention—\nthe period of detention the person remains liable to serve when the notice is given; and\nthe day on which the person is required to be released from detention under section 227 .\nThe chief executive must, as soon as practicable after the day of the transfer is known, give the chief executive (corrective services) a notice stating the following—\nthe person’s name;\nthe day of the transfer;\nif the person is serving a period of detention—\nthe period of detention the person remains liable to serve after the day of the transfer; and\nthe day on which the person is required to be released from detention under section 227 .\ns 276C ins 2009 No. 34 s 39\nsub 2014 No. 9 s 20 ; 2016 No. 39 s 30\namd 2023 No. 3 s 31\nsub 2024 No. 45 s 126 ; 2024 No. 54 s 33\n(sec.276C-ssec.1) If a person turns 18 years while being held on remand or serving a period of detention in a detention centre, the person must be transferred to a corrective services facility to be held on remand or to serve the remaining period of detention as a term of imprisonment.\n(sec.276C-ssec.2) The transfer under subsection (1) must be made— if a direction about the person is given under section 276D and the chief executive revokes the direction—within 30 days after the direction is revoked; or otherwise—within 30 days after the day the person turns 18 years.\n(sec.276C-ssec.3) A failure to comply with subsection (2) does not affect— the requirement to transfer the person under subsection (1) ; or the validity of a transfer under subsection (1) .\n(sec.276C-ssec.4) The chief executive must, as soon as practicable after becoming aware that a person is likely to be transferred under this section, give the chief executive (corrective services) a notice stating the following— the person’s name; the day the transfer is likely to occur; if the person is serving a period of detention— the period of detention the person remains liable to serve when the notice is given; and the day on which the person is required to be released from detention under section 227 .\n(sec.276C-ssec.5) The chief executive must, as soon as practicable after the day of the transfer is known, give the chief executive (corrective services) a notice stating the following— the person’s name; the day of the transfer; if the person is serving a period of detention— the period of detention the person remains liable to serve after the day of the transfer; and the day on which the person is required to be released from detention under section 227 .\n- (a) if a direction about the person is given under section 276D and the chief executive revokes the direction—within 30 days after the direction is revoked; or\n- (b) otherwise—within 30 days after the day the person turns 18 years.\n- (a) the requirement to transfer the person under subsection (1) ; or\n- (b) the validity of a transfer under subsection (1) .\n- (a) the person’s name;\n- (b) the day the transfer is likely to occur;\n- (c) if the person is serving a period of detention— (i) the period of detention the person remains liable to serve when the notice is given; and (ii) the day on which the person is required to be released from detention under section 227 .\n- (i) the period of detention the person remains liable to serve when the notice is given; and\n- (ii) the day on which the person is required to be released from detention under section 227 .\n- (i) the period of detention the person remains liable to serve when the notice is given; and\n- (ii) the day on which the person is required to be released from detention under section 227 .\n- (a) the person’s name;\n- (b) the day of the transfer;\n- (c) if the person is serving a period of detention— (i) the period of detention the person remains liable to serve after the day of the transfer; and (ii) the day on which the person is required to be released from detention under section 227 .\n- (i) the period of detention the person remains liable to serve after the day of the transfer; and\n- (ii) the day on which the person is required to be released from detention under section 227 .\n- (i) the period of detention the person remains liable to serve after the day of the transfer; and\n- (ii) the day on which the person is required to be released from detention under section 227 .","sortOrder":450},{"sectionNumber":"sec.276D","sectionType":"section","heading":"Chief executive may direct particular person be detained in detention centre","content":"### sec.276D Chief executive may direct particular person be detained in detention centre\n\nThis section applies in relation to a person mentioned in section 276C (1) who is, or is to be, transferred to a corrective services facility.\nThe chief executive may, in writing, direct that the person is to be held on remand or detained in a detention centre.\nIn giving the direction, the chief executive—\nmust have regard to—\nthe interests of the person; and\nthe interests of other detainees and staff at the detention centre; and\nmay have regard to any other matter the chief executive considers appropriate.\nIf a direction under subsection (1) is in effect the person the subject of the direction is to be held on remand or detained in a detention centre under the direction.\nThe chief executive may, in writing, revoke the direction at any time.\nThe chief executive must notify the person to whom the direction relates that the direction has been made or revoked for the person under this section.\nThe chief executive is not required to provide procedural fairness in giving or revoking a direction under this section.\ns 276D ins 2009 No. 34 s 39\nsub 2014 No. 9 s 20 ; 2016 No. 39 s 30\namd 2023 No. 3 s 32\nsub 2024 No. 45 s 126 ; 2024 No. 54 s 33\n(sec.276D-ssec.1) This section applies in relation to a person mentioned in section 276C (1) who is, or is to be, transferred to a corrective services facility.\n(sec.276D-ssec.2) The chief executive may, in writing, direct that the person is to be held on remand or detained in a detention centre.\n(sec.276D-ssec.3) In giving the direction, the chief executive— must have regard to— the interests of the person; and the interests of other detainees and staff at the detention centre; and may have regard to any other matter the chief executive considers appropriate.\n(sec.276D-ssec.4) If a direction under subsection (1) is in effect the person the subject of the direction is to be held on remand or detained in a detention centre under the direction.\n(sec.276D-ssec.5) The chief executive may, in writing, revoke the direction at any time.\n(sec.276D-ssec.6) The chief executive must notify the person to whom the direction relates that the direction has been made or revoked for the person under this section.\n(sec.276D-ssec.7) The chief executive is not required to provide procedural fairness in giving or revoking a direction under this section.\n- (a) must have regard to— (i) the interests of the person; and (ii) the interests of other detainees and staff at the detention centre; and\n- (i) the interests of the person; and\n- (ii) the interests of other detainees and staff at the detention centre; and\n- (b) may have regard to any other matter the chief executive considers appropriate.\n- (i) the interests of the person; and\n- (ii) the interests of other detainees and staff at the detention centre; and","sortOrder":451},{"sectionNumber":"sec.276DA","sectionType":"section","heading":null,"content":"### Section sec.276DA\n\ns 276DA ins 2023 No. 3 s 33\nom 2024 No. 45 s 126","sortOrder":452},{"sectionNumber":"sec.276DB","sectionType":"section","heading":null,"content":"### Section sec.276DB\n\ns 276DB ins 2023 No. 3 s 33\namd 2023 No. 21 s 76\nom 2024 No. 45 s 126","sortOrder":453},{"sectionNumber":"sec.276E","sectionType":"section","heading":"Application of Corrective Services Act 2006","content":"### sec.276E Application of Corrective Services Act 2006\n\nThis section applies if—\na person is delivered into the custody of the chief executive (corrective services) under section 276A (5) (a) ; or\na person is detained in a corrective services facility under section 276B ; or\na person is transferred to a corrective services facility under section 276C .\nFor holding the person at a corrective services facility—\nthe person is taken to be a prisoner under the Corrective Services Act 2006 ; and\nany rights, liberties or immunities of the person as a detainee under this Act are not preserved, transferred or otherwise applicable for the person as a prisoner; and\nif the person is serving a period of detention, or liable to serve a period of detention—\nthe person is liable to serve a term of imprisonment equal to the period of detention the person remains liable to serve when the person is delivered under section 276A , detained under section 276B or transferred under section 276C ; and\nthe day the person would otherwise have been released under section 227 , for the period of detention, is the day the person is to be released on parole under the Corrective Services Act 2006 .\nHowever, the release of the person under subsection (2) (c) (ii) is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the statutory parole order ) and the provisions of that Act applying to parole orders also apply to the statutory parole order.\ns 276E ins 2009 No. 34 s 39\nsub 2014 No. 9 s 20 ; 2016 No. 39 s 30\namd 2023 No. 3 s 34\nsub 2024 No. 45 s 126 ; 2024 No. 54 s 33\n(sec.276E-ssec.1) This section applies if— a person is delivered into the custody of the chief executive (corrective services) under section 276A (5) (a) ; or a person is detained in a corrective services facility under section 276B ; or a person is transferred to a corrective services facility under section 276C .\n(sec.276E-ssec.2) For holding the person at a corrective services facility— the person is taken to be a prisoner under the Corrective Services Act 2006 ; and any rights, liberties or immunities of the person as a detainee under this Act are not preserved, transferred or otherwise applicable for the person as a prisoner; and if the person is serving a period of detention, or liable to serve a period of detention— the person is liable to serve a term of imprisonment equal to the period of detention the person remains liable to serve when the person is delivered under section 276A , detained under section 276B or transferred under section 276C ; and the day the person would otherwise have been released under section 227 , for the period of detention, is the day the person is to be released on parole under the Corrective Services Act 2006 .\n(sec.276E-ssec.3) However, the release of the person under subsection (2) (c) (ii) is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the statutory parole order ) and the provisions of that Act applying to parole orders also apply to the statutory parole order.\n- (a) a person is delivered into the custody of the chief executive (corrective services) under section 276A (5) (a) ; or\n- (b) a person is detained in a corrective services facility under section 276B ; or\n- (c) a person is transferred to a corrective services facility under section 276C .\n- (a) the person is taken to be a prisoner under the Corrective Services Act 2006 ; and\n- (b) any rights, liberties or immunities of the person as a detainee under this Act are not preserved, transferred or otherwise applicable for the person as a prisoner; and\n- (c) if the person is serving a period of detention, or liable to serve a period of detention— (i) the person is liable to serve a term of imprisonment equal to the period of detention the person remains liable to serve when the person is delivered under section 276A , detained under section 276B or transferred under section 276C ; and (ii) the day the person would otherwise have been released under section 227 , for the period of detention, is the day the person is to be released on parole under the Corrective Services Act 2006 .\n- (i) the person is liable to serve a term of imprisonment equal to the period of detention the person remains liable to serve when the person is delivered under section 276A , detained under section 276B or transferred under section 276C ; and\n- (ii) the day the person would otherwise have been released under section 227 , for the period of detention, is the day the person is to be released on parole under the Corrective Services Act 2006 .\n- (i) the person is liable to serve a term of imprisonment equal to the period of detention the person remains liable to serve when the person is delivered under section 276A , detained under section 276B or transferred under section 276C ; and\n- (ii) the day the person would otherwise have been released under section 227 , for the period of detention, is the day the person is to be released on parole under the Corrective Services Act 2006 .","sortOrder":454},{"sectionNumber":"sec.276F","sectionType":"section","heading":null,"content":"### Section sec.276F\n\ns 276F ins 2016 No. 39 s 30\namd 2023 No. 3 s 35\nsub 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":455},{"sectionNumber":"sec.276G","sectionType":"section","heading":null,"content":"### Section sec.276G\n\ns 276G ins 2023 No. 3 s 36\nom 2023 No. 21 s 77\nins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":456},{"sectionNumber":"sec.276H","sectionType":"section","heading":null,"content":"### Section sec.276H\n\ns 276H ins 2023 No. 3 s 36\namd 2023 No. 21 s 78\nsub 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":457},{"sectionNumber":"sec.276I","sectionType":"section","heading":null,"content":"### Section sec.276I\n\ns 276I ins 2023 No. 3 s 36\namd 2023 No. 21 s 79\nsub 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":458},{"sectionNumber":"sec.276J","sectionType":"section","heading":null,"content":"### Section sec.276J\n\ns 276J ins 2023 No. 3 s 36\namd 2023 No. 21 s 80\nsub 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":459},{"sectionNumber":"sec.276K","sectionType":"section","heading":null,"content":"### Section sec.276K\n\ns 276K ins 2023 No. 3 s 36\nsub 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":460},{"sectionNumber":"sec.276L","sectionType":"section","heading":null,"content":"### Section sec.276L\n\ns 276L ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":461},{"sectionNumber":"sec.276M","sectionType":"section","heading":null,"content":"### Section sec.276M\n\ns 276M ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":462},{"sectionNumber":"sec.276N","sectionType":"section","heading":null,"content":"### Section sec.276N\n\ns 276N ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":463},{"sectionNumber":"sec.276O","sectionType":"section","heading":null,"content":"### Section sec.276O\n\ns 276O ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":464},{"sectionNumber":"sec.276P","sectionType":"section","heading":null,"content":"### Section sec.276P\n\ns 276P ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":465},{"sectionNumber":"sec.276Q","sectionType":"section","heading":null,"content":"### Section sec.276Q\n\ns 276Q ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":466},{"sectionNumber":"sec.276R","sectionType":"section","heading":null,"content":"### Section sec.276R\n\ns 276R ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":467},{"sectionNumber":"sec.276S","sectionType":"section","heading":null,"content":"### Section sec.276S\n\ns 276S ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":468},{"sectionNumber":"sec.276T","sectionType":"section","heading":null,"content":"### Section sec.276T\n\ns 276T ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":469},{"sectionNumber":"sec.276U","sectionType":"section","heading":null,"content":"### Section sec.276U\n\ns 276U ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":470},{"sectionNumber":"sec.276V","sectionType":"section","heading":null,"content":"### Section sec.276V\n\ns 276V ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":471},{"sectionNumber":"sec.276W","sectionType":"section","heading":null,"content":"### Section sec.276W\n\ns 276W ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":472},{"sectionNumber":"sec.276X","sectionType":"section","heading":null,"content":"### Section sec.276X\n\ns 276X ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":473},{"sectionNumber":"sec.276Y","sectionType":"section","heading":null,"content":"### Section sec.276Y\n\ns 276Y ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":474},{"sectionNumber":"sec.276Z","sectionType":"section","heading":null,"content":"### Section sec.276Z\n\ns 276Z ins 2024 No. 45 s 126\nom 2024 No. 54 s 33","sortOrder":475},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Complaints","content":"## Complaints","sortOrder":476},{"sectionNumber":"sec.277","sectionType":"section","heading":"Complaints generally","content":"### sec.277 Complaints generally\n\nA child or parent of a child detained in a detention centre may complain about a matter that affects the child.\nThe chief executive must issue written instructions on how a complaint may be made and dealt with, which may include the direction of the complaint to a community visitor (child), child advocacy officer or other appropriate authority.\nDespite subsection (2) , a child is entitled to complain directly to a community visitor (child) or child advocacy officer.\nThe chief executive need not deal with a complaint that the chief executive reasonably believes to be trivial or made only to cause annoyance.\nThe chief executive must tell the child how the complaint will be dealt with.\nThis section does not limit the powers of a community visitor (child), a child advocacy officer or the inspector of detention services.\ns 277 amd 1996 No. 22 s 75 ; 1998 No. 39 s 52 ; 2000 No. 60 s 175 sch 3 ; 2014 No. 26 s 285 ; 2022 No. 18 s 106\n(sec.277-ssec.1) A child or parent of a child detained in a detention centre may complain about a matter that affects the child.\n(sec.277-ssec.2) The chief executive must issue written instructions on how a complaint may be made and dealt with, which may include the direction of the complaint to a community visitor (child), child advocacy officer or other appropriate authority.\n(sec.277-ssec.3) Despite subsection (2) , a child is entitled to complain directly to a community visitor (child) or child advocacy officer.\n(sec.277-ssec.4) The chief executive need not deal with a complaint that the chief executive reasonably believes to be trivial or made only to cause annoyance.\n(sec.277-ssec.5) The chief executive must tell the child how the complaint will be dealt with.\n(sec.277-ssec.6) This section does not limit the powers of a community visitor (child), a child advocacy officer or the inspector of detention services.","sortOrder":477},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":478},{"sectionNumber":"sec.278","sectionType":"section","heading":"Escape","content":"### sec.278 Escape\n\nA person who is lawfully detained under this Act must not—\nescape from detention; or\nattempt to escape from detention; or\nbe absent from a detention centre without lawful authority; or\nescape or attempt to escape from the custody of a police officer or an officer of the department into which the person was placed under this Act.\nMaximum penalty (subject to part 7 )—40 penalty units or 1 year’s imprisonment.\ns 278 amd 1993 No. 32 s 3 sch 1 ; 2002 No. 39 s 106 ; 2003 No. 57 s 39 (1) – (2) sch 3\n- (a) escape from detention; or\n- (b) attempt to escape from detention; or\n- (c) be absent from a detention centre without lawful authority; or\n- (d) escape or attempt to escape from the custody of a police officer or an officer of the department into which the person was placed under this Act.","sortOrder":479},{"sectionNumber":"sec.279","sectionType":"section","heading":"Offences relating to detention centres","content":"### sec.279 Offences relating to detention centres\n\nA person must not—\nwithout lawful authority enter or attempt to enter a detention centre; or\nremain in or in the vicinity of a detention centre after having been directed to leave by—\nthe chief executive; or\na police officer; or\nin contravention of a direction from the chief executive, communicate or attempt to communicate with a person detained at the detention centre; or\nwithout lawful authority—\nconvey or deliver, or allow another person to convey or deliver, to a person detained in the centre any liquor, drugs, money, letter, document or other article; or\nconvey, or allow another person to convey, from the detention centre any liquor, drugs, money, letter, document, clothing or other article; or\nleave, or allow to be left, at the centre any liquor, drugs, money, letter, document, clothing or other article with the intention that it come into the possession of a person detained in the centre.\nMaximum penalty (subject to part 7 )—40 penalty units or 1 year’s imprisonment.\nA police officer may arrest without warrant any person found committing an offence against subsection (1) .\ns 279 amd 1996 No. 22 s 79 ; 1998 No. 39 s 56 ; 2003 No. 57 s 39 (1) – (2) sch 3\n(sec.279-ssec.1) A person must not— without lawful authority enter or attempt to enter a detention centre; or remain in or in the vicinity of a detention centre after having been directed to leave by— the chief executive; or a police officer; or in contravention of a direction from the chief executive, communicate or attempt to communicate with a person detained at the detention centre; or without lawful authority— convey or deliver, or allow another person to convey or deliver, to a person detained in the centre any liquor, drugs, money, letter, document or other article; or convey, or allow another person to convey, from the detention centre any liquor, drugs, money, letter, document, clothing or other article; or leave, or allow to be left, at the centre any liquor, drugs, money, letter, document, clothing or other article with the intention that it come into the possession of a person detained in the centre. Maximum penalty (subject to part 7 )—40 penalty units or 1 year’s imprisonment.\n(sec.279-ssec.2) A police officer may arrest without warrant any person found committing an offence against subsection (1) .\n- (a) without lawful authority enter or attempt to enter a detention centre; or\n- (b) remain in or in the vicinity of a detention centre after having been directed to leave by— (i) the chief executive; or (ii) a police officer; or\n- (i) the chief executive; or\n- (ii) a police officer; or\n- (c) in contravention of a direction from the chief executive, communicate or attempt to communicate with a person detained at the detention centre; or\n- (d) without lawful authority— (i) convey or deliver, or allow another person to convey or deliver, to a person detained in the centre any liquor, drugs, money, letter, document or other article; or (ii) convey, or allow another person to convey, from the detention centre any liquor, drugs, money, letter, document, clothing or other article; or (iii) leave, or allow to be left, at the centre any liquor, drugs, money, letter, document, clothing or other article with the intention that it come into the possession of a person detained in the centre.\n- (i) convey or deliver, or allow another person to convey or deliver, to a person detained in the centre any liquor, drugs, money, letter, document or other article; or\n- (ii) convey, or allow another person to convey, from the detention centre any liquor, drugs, money, letter, document, clothing or other article; or\n- (iii) leave, or allow to be left, at the centre any liquor, drugs, money, letter, document, clothing or other article with the intention that it come into the possession of a person detained in the centre.\n- (i) the chief executive; or\n- (ii) a police officer; or\n- (i) convey or deliver, or allow another person to convey or deliver, to a person detained in the centre any liquor, drugs, money, letter, document or other article; or\n- (ii) convey, or allow another person to convey, from the detention centre any liquor, drugs, money, letter, document, clothing or other article; or\n- (iii) leave, or allow to be left, at the centre any liquor, drugs, money, letter, document, clothing or other article with the intention that it come into the possession of a person detained in the centre.","sortOrder":480},{"sectionNumber":"sec.279A","sectionType":"section","heading":"Unlawful use of drones around detention centres","content":"### sec.279A Unlawful use of drones around detention centres\n\nA person (the operator ) must not operate, or attempt to operate, a drone at a detention centre or the land on which the detention centre is located, without reasonable excuse.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (1) does not apply if—\nthe operation of the drone is approved by the chief executive; or\nthe operator is an officer of a law enforcement agency or emergency service and the drone is being used to assist the officer in carrying out the officer’s functions; or\nthe operator is acting on behalf of, or under the direction of, a person mentioned in paragraph (b) .\nSubsection (1) applies to the operation of a drone regardless of the location of the operator.\nIn this section—\nat includes above.\ndrone means a device that is—\ncapable of flight; and\nremotely piloted or able to be programmed to autonomously fly a particular route; and\nnot capable of transporting a person.\nemergency service includes—\nthe Queensland Ambulance Service established under the Ambulance Service Act 1991 , section 3A ; and\nthe St John Ambulance Australia Queensland Limited; and\nQueensland Fire and Rescue established under the Fire Services Act 1990 , section 8 (1) ; and\nthe State Emergency Service; and\na rural fire brigade.\nofficer , of an emergency service that is the State Emergency Service or a rural fire brigade, includes a member of the State Emergency Service or rural fire brigade.\nrural fire brigade means a rural fire brigade registered under the Fire Services Act 1990 .\nState Emergency Service means the State Emergency Service established under the State Emergency Service Act 2024 .\ns 279A ins 2023 No. 14 s 46\namd 2024 No. 18 s 39 sch 1 ; 2024 No. 22 s 92 sch 1\n(sec.279A-ssec.1) A person (the operator ) must not operate, or attempt to operate, a drone at a detention centre or the land on which the detention centre is located, without reasonable excuse. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.279A-ssec.2) Subsection (1) does not apply if— the operation of the drone is approved by the chief executive; or the operator is an officer of a law enforcement agency or emergency service and the drone is being used to assist the officer in carrying out the officer’s functions; or the operator is acting on behalf of, or under the direction of, a person mentioned in paragraph (b) .\n(sec.279A-ssec.3) Subsection (1) applies to the operation of a drone regardless of the location of the operator.\n(sec.279A-ssec.4) In this section— at includes above. drone means a device that is— capable of flight; and remotely piloted or able to be programmed to autonomously fly a particular route; and not capable of transporting a person. emergency service includes— the Queensland Ambulance Service established under the Ambulance Service Act 1991 , section 3A ; and the St John Ambulance Australia Queensland Limited; and Queensland Fire and Rescue established under the Fire Services Act 1990 , section 8 (1) ; and the State Emergency Service; and a rural fire brigade. officer , of an emergency service that is the State Emergency Service or a rural fire brigade, includes a member of the State Emergency Service or rural fire brigade. rural fire brigade means a rural fire brigade registered under the Fire Services Act 1990 . State Emergency Service means the State Emergency Service established under the State Emergency Service Act 2024 .\n- (a) the operation of the drone is approved by the chief executive; or\n- (b) the operator is an officer of a law enforcement agency or emergency service and the drone is being used to assist the officer in carrying out the officer’s functions; or\n- (c) the operator is acting on behalf of, or under the direction of, a person mentioned in paragraph (b) .\n- (a) capable of flight; and\n- (b) remotely piloted or able to be programmed to autonomously fly a particular route; and\n- (c) not capable of transporting a person.\n- (a) the Queensland Ambulance Service established under the Ambulance Service Act 1991 , section 3A ; and\n- (b) the St John Ambulance Australia Queensland Limited; and\n- (c) Queensland Fire and Rescue established under the Fire Services Act 1990 , section 8 (1) ; and\n- (d) the State Emergency Service; and\n- (e) a rural fire brigade.","sortOrder":481},{"sectionNumber":"sec.279B","sectionType":"section","heading":"Photographing detainees and parts of a detention centre","content":"### sec.279B Photographing detainees and parts of a detention centre\n\nA person must not photograph or attempt to photograph—\na detainee inside a detention centre; or\na part of a detention centre.\nMaximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment.\nA person does not commit an offence against subsection (1) if the person is—\nfor subsection (1) (a) —the detainee’s lawyer; or\na child advocacy officer; or\na community visitor (child); or\nan officer of a law enforcement agency; or\na person who is—\na member of the UN subcommittee; or\naccompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; or\nthe human rights commissioner; or\nthe inspector of detention services; or\nthe ombudsman; or\nthe public guardian; or\na person who has the chief executive’s written approval to carry out the activity mentioned in subsection (1) ; or\nthe chief executive, or a detention centre employee authorised by the chief executive, who is carrying out the activity under section 263A .\nThe chief executive may give approval to a person under subsection (2) (j) subject to any conditions the chief executive considers appropriate.\nWithout limiting the matters the chief executive may have regard to, the chief executive must have regard to the following matters in deciding whether to give a person approval under subsection (2) (j) —\nthe public interest;\nany vulnerability of the detainee or any other person who may be affected by the activity;\nthe potential for the activity to prejudice current or future legal proceedings;\nthe potential for the activity to prejudice the security or good order of a detention centre;\nthe potential for the activity to prejudice the safety or wellbeing of the detainee or another person.\nIn this section—\nphotograph includes record or create a visual image other than by photography.\ns 279B ins 2024 No. 45 s 127\n(sec.279B-ssec.1) A person must not photograph or attempt to photograph— a detainee inside a detention centre; or a part of a detention centre. Maximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment.\n(sec.279B-ssec.2) A person does not commit an offence against subsection (1) if the person is— for subsection (1) (a) —the detainee’s lawyer; or a child advocacy officer; or a community visitor (child); or an officer of a law enforcement agency; or a person who is— a member of the UN subcommittee; or accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; or the human rights commissioner; or the inspector of detention services; or the ombudsman; or the public guardian; or a person who has the chief executive’s written approval to carry out the activity mentioned in subsection (1) ; or the chief executive, or a detention centre employee authorised by the chief executive, who is carrying out the activity under section 263A .\n(sec.279B-ssec.3) The chief executive may give approval to a person under subsection (2) (j) subject to any conditions the chief executive considers appropriate.\n(sec.279B-ssec.4) Without limiting the matters the chief executive may have regard to, the chief executive must have regard to the following matters in deciding whether to give a person approval under subsection (2) (j) — the public interest; any vulnerability of the detainee or any other person who may be affected by the activity; the potential for the activity to prejudice current or future legal proceedings; the potential for the activity to prejudice the security or good order of a detention centre; the potential for the activity to prejudice the safety or wellbeing of the detainee or another person.\n(sec.279B-ssec.5) In this section— photograph includes record or create a visual image other than by photography.\n- (a) a detainee inside a detention centre; or\n- (b) a part of a detention centre.\n- (a) for subsection (1) (a) —the detainee’s lawyer; or\n- (b) a child advocacy officer; or\n- (c) a community visitor (child); or\n- (d) an officer of a law enforcement agency; or\n- (e) a person who is— (i) a member of the UN subcommittee; or (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; or\n- (i) a member of the UN subcommittee; or\n- (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; or\n- (f) the human rights commissioner; or\n- (g) the inspector of detention services; or\n- (h) the ombudsman; or\n- (i) the public guardian; or\n- (j) a person who has the chief executive’s written approval to carry out the activity mentioned in subsection (1) ; or\n- (k) the chief executive, or a detention centre employee authorised by the chief executive, who is carrying out the activity under section 263A .\n- (i) a member of the UN subcommittee; or\n- (ii) accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; or\n- (a) the public interest;\n- (b) any vulnerability of the detainee or any other person who may be affected by the activity;\n- (c) the potential for the activity to prejudice current or future legal proceedings;\n- (d) the potential for the activity to prejudice the security or good order of a detention centre;\n- (e) the potential for the activity to prejudice the safety or wellbeing of the detainee or another person.","sortOrder":482},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Child of detainee","content":"## Child of detainee","sortOrder":483},{"sectionNumber":"sec.280","sectionType":"section","heading":"Child of detainee may be accommodated in detention centre","content":"### sec.280 Child of detainee may be accommodated in detention centre\n\nThe chief executive may allow a child of a person detained in a detention centre to be accommodated in the detention centre subject to conditions the chief executive considers appropriate.\ns 280 amd 1996 No. 22 s 80 ; 1998 No. 39 s 57","sortOrder":484},{"sectionNumber":"sec.281","sectionType":"section","heading":"Registration of birth of child of detainee","content":"### sec.281 Registration of birth of child of detainee\n\nIn this section—\ndocument means a certificate or other document made or issued under the Births, Deaths and Marriages Registration Act 2023 in relation to the birth of a child or an alteration or addition to the name of a child.\nIf a document is made or issued in relation to a child whose mother or father is, or was when the child was born, detained in a detention centre or otherwise detained under this Act—\nthe document must not state that fact or contain information from which that fact can reasonably be inferred; and\nan address—\nthat is required by the Births, Deaths and Marriages Registration Act 2023 to be shown in the document; and\nthat can not be shown in the document because of paragraph (a) ;\nmust instead be shown as the city or town in which or nearest to which the address is situated.\ns 281 amd 2003 No. 31 s 59 sch 1 ; 2023 No. 17 s 182 s ch 3 pt 1\n(sec.281-ssec.1) In this section— document means a certificate or other document made or issued under the Births, Deaths and Marriages Registration Act 2023 in relation to the birth of a child or an alteration or addition to the name of a child.\n(sec.281-ssec.2) If a document is made or issued in relation to a child whose mother or father is, or was when the child was born, detained in a detention centre or otherwise detained under this Act— the document must not state that fact or contain information from which that fact can reasonably be inferred; and an address— that is required by the Births, Deaths and Marriages Registration Act 2023 to be shown in the document; and that can not be shown in the document because of paragraph (a) ; must instead be shown as the city or town in which or nearest to which the address is situated.\n- (a) the document must not state that fact or contain information from which that fact can reasonably be inferred; and\n- (b) an address— (i) that is required by the Births, Deaths and Marriages Registration Act 2023 to be shown in the document; and (ii) that can not be shown in the document because of paragraph (a) ; must instead be shown as the city or town in which or nearest to which the address is situated.\n- (i) that is required by the Births, Deaths and Marriages Registration Act 2023 to be shown in the document; and\n- (ii) that can not be shown in the document because of paragraph (a) ;\n- (i) that is required by the Births, Deaths and Marriages Registration Act 2023 to be shown in the document; and\n- (ii) that can not be shown in the document because of paragraph (a) ;","sortOrder":485},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Trust fund","content":"## Trust fund","sortOrder":486},{"sectionNumber":"sec.282","sectionType":"section","heading":"Detainees trust fund to be kept","content":"### sec.282 Detainees trust fund to be kept\n\nThe chief executive must keep a detainees trust fund.\nAll amounts received by the chief executive, or anyone else under an arrangement with the chief executive, for a detainee must be paid into the detainees trust fund.\nAmounts in the detainees trust fund to the credit of a detainee—\nmay be spent by the detainee, with the chief executive’s consent; and\nmust be paid by the chief executive to the public trustee, if the public trustee is managing the detainee’s estate and the public trustee requests the payment; and\nmust be paid by the chief executive to the detainee on being discharged or being released on parole or under a supervised release order under this Act; and\nmust be paid by the chief executive to the chief executive (corrective services) if the detainee is transferred from the chief executive’s custody to the custody of the chief executive (corrective services).\nIn this section—\ndetainee means a person in the custody of the chief executive under this Act.\ns 282 ins 1998 No. 39 s 58\namd 1999 No. 9 s 3 sch ; 2002 No. 39 s 108\n(sec.282-ssec.1) The chief executive must keep a detainees trust fund.\n(sec.282-ssec.2) All amounts received by the chief executive, or anyone else under an arrangement with the chief executive, for a detainee must be paid into the detainees trust fund.\n(sec.282-ssec.3) Amounts in the detainees trust fund to the credit of a detainee— may be spent by the detainee, with the chief executive’s consent; and must be paid by the chief executive to the public trustee, if the public trustee is managing the detainee’s estate and the public trustee requests the payment; and must be paid by the chief executive to the detainee on being discharged or being released on parole or under a supervised release order under this Act; and must be paid by the chief executive to the chief executive (corrective services) if the detainee is transferred from the chief executive’s custody to the custody of the chief executive (corrective services).\n(sec.282-ssec.4) In this section— detainee means a person in the custody of the chief executive under this Act.\n- (a) may be spent by the detainee, with the chief executive’s consent; and\n- (b) must be paid by the chief executive to the public trustee, if the public trustee is managing the detainee’s estate and the public trustee requests the payment; and\n- (c) must be paid by the chief executive to the detainee on being discharged or being released on parole or under a supervised release order under this Act; and\n- (d) must be paid by the chief executive to the chief executive (corrective services) if the detainee is transferred from the chief executive’s custody to the custody of the chief executive (corrective services).","sortOrder":487},{"sectionNumber":"pt.8-div.7","sectionType":"division","heading":"Releasing information to eligible persons","content":"## Releasing information to eligible persons","sortOrder":488},{"sectionNumber":"sec.282A","sectionType":"section","heading":"Eligible persons register","content":"### sec.282A Eligible persons register\n\nThe chief executive must keep a register of persons who are eligible to receive information ( detainee information ) under section 282F about a child who is serving a period of detention in a detention centre for a violent offence or a sexual offence.\nSubsection (3) applies if the chief executive receives relevant information for the following persons from the commissioner of the police service or director of public prosecutions, in relation to an offence mentioned in subsection (1) —\na victim of the offence;\nif a victim is deceased because of the offence—an immediate family member of the deceased victim.\nSubject to subsections (5) to (9) , the chief executive must register the person as an eligible person in relation to the child detained for the offence.\nA person registered under subsection (3) may nominate a person (a nominee ) to receive the detainee information for the person.\na victim support worker from a victims’ support agency\nAlso, the chief executive may register a person who applies for registration under section 282BA as an eligible person.\nThe chief executive must not register a person as an eligible person unless the person, and any nominee for the person, has given a declaration under section 282B .\nThe chief executive may decide not to register a person as an eligible person if the chief executive reasonably believes releasing detainee information to the person may endanger—\nthe security of a detention centre; or\nthe safe custody or welfare of a child detained in a detention centre; or\nthe safety or welfare of another person.\nReleasing detainee information to a child who is also detained in a detention centre may endanger the safe custody or welfare of the child sentenced to detention for the offence.\nThe chief executive may register a child as an eligible person only if it is in the child’s best interests.\nIf the chief executive proposes to register a child in care as an eligible person, the chief executive must consult with the chief executive (child safety) before deciding what is in the child’s best interests under subsection (7) .\nBefore registering an eligible person under subsection (3) , the chief executive must give the child detained for the offence a reasonable opportunity to make a submission to the chief executive about why the victim or immediate family member should not be registered as an eligible person.\nIn this section—\nchild in care means a child—\nwho is in the custody or guardianship of the chief executive (child safety); or\nwho, under an agreement entered into by the chief executive (child safety) and a parent of the child, has been placed in the care of a person other than a parent of the child.\nrelevant information , for a person, means—\nthe name and contact details of the person; and\nthe person’s consent to being registered as an eligible person.\nsexual offence see the Corrective Services Act 2006 , schedule 4 .\nviolent offence means an offence in which a victim suffers actual or threatened violence.\ns 282A prev s 282A ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282A ins 2017 No. 8 s 98\nsub 2024 No. 54 s 54\namd 2025 No. 10 s 7\n(sec.282A-ssec.1) The chief executive must keep a register of persons who are eligible to receive information ( detainee information ) under section 282F about a child who is serving a period of detention in a detention centre for a violent offence or a sexual offence.\n(sec.282A-ssec.2) Subsection (3) applies if the chief executive receives relevant information for the following persons from the commissioner of the police service or director of public prosecutions, in relation to an offence mentioned in subsection (1) — a victim of the offence; if a victim is deceased because of the offence—an immediate family member of the deceased victim.\n(sec.282A-ssec.3) Subject to subsections (5) to (9) , the chief executive must register the person as an eligible person in relation to the child detained for the offence.\n(sec.282A-ssec.3A) A person registered under subsection (3) may nominate a person (a nominee ) to receive the detainee information for the person. a victim support worker from a victims’ support agency\n(sec.282A-ssec.4) Also, the chief executive may register a person who applies for registration under section 282BA as an eligible person.\n(sec.282A-ssec.5) The chief executive must not register a person as an eligible person unless the person, and any nominee for the person, has given a declaration under section 282B .\n(sec.282A-ssec.6) The chief executive may decide not to register a person as an eligible person if the chief executive reasonably believes releasing detainee information to the person may endanger— the security of a detention centre; or the safe custody or welfare of a child detained in a detention centre; or the safety or welfare of another person. Releasing detainee information to a child who is also detained in a detention centre may endanger the safe custody or welfare of the child sentenced to detention for the offence.\n(sec.282A-ssec.7) The chief executive may register a child as an eligible person only if it is in the child’s best interests.\n(sec.282A-ssec.8) If the chief executive proposes to register a child in care as an eligible person, the chief executive must consult with the chief executive (child safety) before deciding what is in the child’s best interests under subsection (7) .\n(sec.282A-ssec.9) Before registering an eligible person under subsection (3) , the chief executive must give the child detained for the offence a reasonable opportunity to make a submission to the chief executive about why the victim or immediate family member should not be registered as an eligible person.\n(sec.282A-ssec.10) In this section— child in care means a child— who is in the custody or guardianship of the chief executive (child safety); or who, under an agreement entered into by the chief executive (child safety) and a parent of the child, has been placed in the care of a person other than a parent of the child. relevant information , for a person, means— the name and contact details of the person; and the person’s consent to being registered as an eligible person. sexual offence see the Corrective Services Act 2006 , schedule 4 . violent offence means an offence in which a victim suffers actual or threatened violence.\n- (a) a victim of the offence;\n- (b) if a victim is deceased because of the offence—an immediate family member of the deceased victim.\n- (a) the security of a detention centre; or\n- (b) the safe custody or welfare of a child detained in a detention centre; or\n- (c) the safety or welfare of another person.\n- (a) who is in the custody or guardianship of the chief executive (child safety); or\n- (b) who, under an agreement entered into by the chief executive (child safety) and a parent of the child, has been placed in the care of a person other than a parent of the child.\n- (a) the name and contact details of the person; and\n- (b) the person’s consent to being registered as an eligible person.","sortOrder":489},{"sectionNumber":"sec.282B","sectionType":"section","heading":"Requirement for non-release declaration","content":"### sec.282B Requirement for non-release declaration\n\nThe chief executive may register a person as an eligible person only if the person, and any nominee of the person, has signed a declaration stating that the person or person’s nominee will not disclose detainee information received by the person or nominee other than as permitted under section 282G (3) .\ns 282B prev s 282B ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282B ins 2017 No. 8 s 98\nsub 2024 No. 54 s 54","sortOrder":490},{"sectionNumber":"sec.282BA","sectionType":"section","heading":"Applying for registration as an eligible person","content":"### sec.282BA Applying for registration as an eligible person\n\nThe following persons (each an applicant ) may apply in writing to the chief executive to be registered as an eligible person in relation to a child mentioned in section 282A (1) —\nif a victim is a child—the child’s parent;\nif a victim is an adult with legal incapacity—the adult’s guardian or attorney appointed for the person under an enduring power of attorney under the Powers of Attorney Act 1998 ;\nanother person who satisfies the chief executive the person’s life or physical safety could reasonably be expected to be endangered because of—\nthe child’s history of violence against the person; or\na domestic violence order has been made against the child under the Domestic and Family Violence Protection Act 2012 for the benefit of the person\na connection between the person and the offence.\nThe application must be accompanied by documentary evidence satisfying the chief executive of the applicant’s identity.\nThe applicant may nominate a person (a nominee ) to receive the detainee information for the applicant.\na victim support worker from a victims’ support agency\nBefore deciding an applicant is eligible under subsection (1) (c) to make the application, the chief executive must give the child a reasonable opportunity to make a submission to the chief executive about why the applicant should not be registered as an eligible person.\ns 282BA prev s 282BA ins 2014 No. 39 s 74\nom 2016 No. 38 s 49\npres s 282BA ins 2024 No. 54 s 54\n(sec.282BA-ssec.1) The following persons (each an applicant ) may apply in writing to the chief executive to be registered as an eligible person in relation to a child mentioned in section 282A (1) — if a victim is a child—the child’s parent; if a victim is an adult with legal incapacity—the adult’s guardian or attorney appointed for the person under an enduring power of attorney under the Powers of Attorney Act 1998 ; another person who satisfies the chief executive the person’s life or physical safety could reasonably be expected to be endangered because of— the child’s history of violence against the person; or a domestic violence order has been made against the child under the Domestic and Family Violence Protection Act 2012 for the benefit of the person a connection between the person and the offence.\n(sec.282BA-ssec.2) The application must be accompanied by documentary evidence satisfying the chief executive of the applicant’s identity.\n(sec.282BA-ssec.3) The applicant may nominate a person (a nominee ) to receive the detainee information for the applicant. a victim support worker from a victims’ support agency\n(sec.282BA-ssec.4) Before deciding an applicant is eligible under subsection (1) (c) to make the application, the chief executive must give the child a reasonable opportunity to make a submission to the chief executive about why the applicant should not be registered as an eligible person.\n- (a) if a victim is a child—the child’s parent;\n- (b) if a victim is an adult with legal incapacity—the adult’s guardian or attorney appointed for the person under an enduring power of attorney under the Powers of Attorney Act 1998 ;\n- (c) another person who satisfies the chief executive the person’s life or physical safety could reasonably be expected to be endangered because of— (i) the child’s history of violence against the person; or Example— a domestic violence order has been made against the child under the Domestic and Family Violence Protection Act 2012 for the benefit of the person (ii) a connection between the person and the offence.\n- (i) the child’s history of violence against the person; or Example— a domestic violence order has been made against the child under the Domestic and Family Violence Protection Act 2012 for the benefit of the person\n- (ii) a connection between the person and the offence.\n- (i) the child’s history of violence against the person; or Example— a domestic violence order has been made against the child under the Domestic and Family Violence Protection Act 2012 for the benefit of the person\n- (ii) a connection between the person and the offence.","sortOrder":491},{"sectionNumber":"sec.282C","sectionType":"section","heading":"Application by child","content":"### sec.282C Application by child\n\nIf the applicant is a child, the chief executive must, before registering the child as an eligible person—\ngive the child information about registering; and\nhow to register and how the child’s details may be removed from the register\ntell the child that the child’s parent may register to receive the detainee information for the child.\ns 282C prev s 282C ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282C ins 2017 No. 8 s 98\n- (a) give the child information about registering; and Example— how to register and how the child’s details may be removed from the register\n- (b) tell the child that the child’s parent may register to receive the detainee information for the child.","sortOrder":492},{"sectionNumber":"sec.282D","sectionType":"section","heading":"Deciding application","content":"### sec.282D Deciding application\n\nThe chief executive may grant the application if the chief executive is satisfied the applicant may, under section 282BA (1) , make the application.\nHowever, the chief executive may refuse the application if the chief executive considers the person should not be registered as an eligible person because of the application of section 282A (5) to (9) .\ns 282D prev s 282D ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282D ins 2017 No. 8 s 98\namd 2024 No. 54 s 55\n(sec.282D-ssec.1) The chief executive may grant the application if the chief executive is satisfied the applicant may, under section 282BA (1) , make the application.\n(sec.282D-ssec.2) However, the chief executive may refuse the application if the chief executive considers the person should not be registered as an eligible person because of the application of section 282A (5) to (9) .","sortOrder":493},{"sectionNumber":"sec.282E","sectionType":"section","heading":"Removing details from eligible persons register etc.","content":"### sec.282E Removing details from eligible persons register etc.\n\nThe chief executive must remove an eligible person’s details from the eligible persons register—\nwhen the child in relation to whom the person is registered—\nis discharged; or\nif the child is released from detention under a supervised release order—stops being subject to the order; or\ndies in detention; or\nis transferred to another jurisdiction; or\nis transferred to a corrective services facility; or\nif the child’s conviction in relation to which the person is registered is overturned; or\nif asked to do so by the eligible person.\nThe chief executive may remove an eligible person’s details from the register if—\nthe chief executive reasonably considers the person’s continued registration may endanger—\nthe security of a detention centre; or\nthe safe custody or welfare of a child detained in a detention centre; or\nthe safety or welfare of another person; or\nthe eligible person discloses detainee information received under this division other than as permitted under section 282G (3) .\nThe chief executive may also remove an eligible person’s details from the register if the chief executive is unable, after making reasonable efforts, to contact the eligible person.\nIf a nominee nominated under section 282A (3A) or 282BA (3) to receive detainee information for an eligible person discloses detainee information received under this division other than as permitted under section 282G (3) —\nthe chief executive may remove the nominee’s details from the register; and\nif the chief executive removes the nominee’s details from the register—the nominee is taken not to have been nominated under section 282A (3A) or 282BA (3) to receive detainee information for the eligible person.\nIn this section—\ndetails , of an eligible person, includes details of a nominee nominated under section 282A (3A) or 282BA (3) to receive detainee information for the eligible person.\ns 282E prev s 282E ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282E ins 2017 No. 8 s 98\namd 2024 No. 54 s 56 ; 2025 No. 10 s 8\n(sec.282E-ssec.1) The chief executive must remove an eligible person’s details from the eligible persons register— when the child in relation to whom the person is registered— is discharged; or if the child is released from detention under a supervised release order—stops being subject to the order; or dies in detention; or is transferred to another jurisdiction; or is transferred to a corrective services facility; or if the child’s conviction in relation to which the person is registered is overturned; or if asked to do so by the eligible person.\n(sec.282E-ssec.2) The chief executive may remove an eligible person’s details from the register if— the chief executive reasonably considers the person’s continued registration may endanger— the security of a detention centre; or the safe custody or welfare of a child detained in a detention centre; or the safety or welfare of another person; or the eligible person discloses detainee information received under this division other than as permitted under section 282G (3) .\n(sec.282E-ssec.3) The chief executive may also remove an eligible person’s details from the register if the chief executive is unable, after making reasonable efforts, to contact the eligible person.\n(sec.282E-ssec.4) If a nominee nominated under section 282A (3A) or 282BA (3) to receive detainee information for an eligible person discloses detainee information received under this division other than as permitted under section 282G (3) — the chief executive may remove the nominee’s details from the register; and if the chief executive removes the nominee’s details from the register—the nominee is taken not to have been nominated under section 282A (3A) or 282BA (3) to receive detainee information for the eligible person.\n(sec.282E-ssec.5) In this section— details , of an eligible person, includes details of a nominee nominated under section 282A (3A) or 282BA (3) to receive detainee information for the eligible person.\n- (a) when the child in relation to whom the person is registered— (i) is discharged; or (ii) if the child is released from detention under a supervised release order—stops being subject to the order; or (iii) dies in detention; or (iv) is transferred to another jurisdiction; or (v) is transferred to a corrective services facility; or\n- (i) is discharged; or\n- (ii) if the child is released from detention under a supervised release order—stops being subject to the order; or\n- (iii) dies in detention; or\n- (iv) is transferred to another jurisdiction; or\n- (v) is transferred to a corrective services facility; or\n- (b) if the child’s conviction in relation to which the person is registered is overturned; or\n- (c) if asked to do so by the eligible person.\n- (i) is discharged; or\n- (ii) if the child is released from detention under a supervised release order—stops being subject to the order; or\n- (iii) dies in detention; or\n- (iv) is transferred to another jurisdiction; or\n- (v) is transferred to a corrective services facility; or\n- (a) the chief executive reasonably considers the person’s continued registration may endanger— (i) the security of a detention centre; or (ii) the safe custody or welfare of a child detained in a detention centre; or (iii) the safety or welfare of another person; or\n- (i) the security of a detention centre; or\n- (ii) the safe custody or welfare of a child detained in a detention centre; or\n- (iii) the safety or welfare of another person; or\n- (b) the eligible person discloses detainee information received under this division other than as permitted under section 282G (3) .\n- (i) the security of a detention centre; or\n- (ii) the safe custody or welfare of a child detained in a detention centre; or\n- (iii) the safety or welfare of another person; or\n- (a) the chief executive may remove the nominee’s details from the register; and\n- (b) if the chief executive removes the nominee’s details from the register—the nominee is taken not to have been nominated under section 282A (3A) or 282BA (3) to receive detainee information for the eligible person.","sortOrder":494},{"sectionNumber":"sec.282F","sectionType":"section","heading":"Releasing information","content":"### sec.282F Releasing information\n\nThe chief executive may, to the extent the chief executive considers it appropriate, give an eligible person in relation to a child detained in a detention centre the following information about the child—\nthe transfer of the child—\ninterstate or overseas under a scheme for the transfer of children detained under a sentence; or\nto a corrective services facility;\nthe length of the period of the child’s detention;\nthe day the child is eligible for, or due for, discharge or release, including under a supervised release order;\nany further cumulative periods of detention imposed on the child while the child is detained for the offence;\nthe granting to the child of leave of absence under section 269 ;\nwhether the child is unlawfully at large;\nthe death of the child.\nIf the eligible person nominated a nominee under section 282A (3A) or 282BA (3) to receive the information, the chief executive may give the information to the nominee.\ns 282F prev s 282F ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282F ins 2017 No. 8 s 98\namd 2024 No. 54 s 57 ; 2025 No. 10 s 9\n(sec.282F-ssec.1) The chief executive may, to the extent the chief executive considers it appropriate, give an eligible person in relation to a child detained in a detention centre the following information about the child— the transfer of the child— interstate or overseas under a scheme for the transfer of children detained under a sentence; or to a corrective services facility; the length of the period of the child’s detention; the day the child is eligible for, or due for, discharge or release, including under a supervised release order; any further cumulative periods of detention imposed on the child while the child is detained for the offence; the granting to the child of leave of absence under section 269 ; whether the child is unlawfully at large; the death of the child.\n(sec.282F-ssec.2) If the eligible person nominated a nominee under section 282A (3A) or 282BA (3) to receive the information, the chief executive may give the information to the nominee.\n- (a) the transfer of the child— (i) interstate or overseas under a scheme for the transfer of children detained under a sentence; or (ii) to a corrective services facility;\n- (i) interstate or overseas under a scheme for the transfer of children detained under a sentence; or\n- (ii) to a corrective services facility;\n- (b) the length of the period of the child’s detention;\n- (c) the day the child is eligible for, or due for, discharge or release, including under a supervised release order;\n- (d) any further cumulative periods of detention imposed on the child while the child is detained for the offence;\n- (e) the granting to the child of leave of absence under section 269 ;\n- (f) whether the child is unlawfully at large;\n- (g) the death of the child.\n- (i) interstate or overseas under a scheme for the transfer of children detained under a sentence; or\n- (ii) to a corrective services facility;","sortOrder":495},{"sectionNumber":"sec.282G","sectionType":"section","heading":"Confidentiality of detainee information","content":"### sec.282G Confidentiality of detainee information\n\nThis section applies to a person who receives detainee information.\nThe person must not disclose detainee information received by the person to another person other than under subsection (3) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe person may disclose detainee information—\nfor this Act; or\nto discharge a function under another law or if the disclosure is otherwise authorised under another law; or\nfor a proceeding in a court, if the person is required to do so by order of the court or otherwise by law; or\nif authorised by the child to whom the information relates; or\nif reasonably necessary to obtain counselling, advice or other treatment.\ns 282G prev s 282G ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282G ins 2017 No. 8 s 98\n(sec.282G-ssec.1) This section applies to a person who receives detainee information.\n(sec.282G-ssec.2) The person must not disclose detainee information received by the person to another person other than under subsection (3) . Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.282G-ssec.3) The person may disclose detainee information— for this Act; or to discharge a function under another law or if the disclosure is otherwise authorised under another law; or for a proceeding in a court, if the person is required to do so by order of the court or otherwise by law; or if authorised by the child to whom the information relates; or if reasonably necessary to obtain counselling, advice or other treatment.\n- (a) for this Act; or\n- (b) to discharge a function under another law or if the disclosure is otherwise authorised under another law; or\n- (c) for a proceeding in a court, if the person is required to do so by order of the court or otherwise by law; or\n- (d) if authorised by the child to whom the information relates; or\n- (e) if reasonably necessary to obtain counselling, advice or other treatment.","sortOrder":496},{"sectionNumber":"pt.8A","sectionType":"part","heading":"The MACP system","content":"# The MACP system","sortOrder":497},{"sectionNumber":"sec.282H","sectionType":"section","heading":"Definitions for part","content":"### sec.282H Definitions for part\n\nIn this part—\ncore member see section 282K (1) (a) and (b) .\nMACP system means the system of multi-agency collaborative panels established by the chief executive under section 282I .\ns 282H prev s 282H ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282H ins 2023 No. 3 s 37","sortOrder":498},{"sectionNumber":"sec.282I","sectionType":"section","heading":"Establishment of system","content":"### sec.282I Establishment of system\n\nThe chief executive must establish an MACP system under this part.\ns 282I prev s 282I ins 2012 No. 41 s 40\nom 2016 No. 38 s 49\npres s 282I ins 2023 No. 3 s 37","sortOrder":499},{"sectionNumber":"sec.282J","sectionType":"section","heading":"Purpose","content":"### sec.282J Purpose\n\nThe purpose of the MACP system is to coordinate the provision of services, including assessments and referrals, to meet the needs of particular children charged with offences or at risk of being charged with offences.\ns 282J prev s 282J ins 2012 No. 41 s 40\namd 2014 No. 26 s 286\nom 2016 No. 38 s 49\npres s 282J ins 2023 No. 3 s 37","sortOrder":500},{"sectionNumber":"sec.282K","sectionType":"section","heading":"Members","content":"### sec.282K Members\n\nThe members of the MACP system are—\nthe chief executive (each a core member ) of a department that is mainly responsible for any of the following matters—\nAboriginal and Torres Strait Islander services;\nchild protection services;\ncommunity services;\ncorrective services;\ncourt services;\ndisability services;\neducation;\nhousing services;\npublic health services;\nyouth justice services; and\nthe commissioner of the police service (also a core member ); and\nfrom time to time, prescribed entities or service providers contributing to the operation of the system by invitation of the core members.\nIn this section—\nprescribed entity means—\nthe chief executive of a department, other than a department mentioned in subsection (1) (a) , that provides services to children; or\nthe chief executive officer of Mater Misericordiae Ltd ACN 096 708 922; or\na health service chief executive under the Hospital and Health Boards Act 2011 ; or\nthe chief executive officer of the National Disability Insurance Agency; or\nthe principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or\nthe public guardian under the Public Guardian Act 2014 ; or\nanother entity prescribed by regulation.\nservice provider means—\nLegal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or\na non-government entity that provides a service to children.\ncounselling\ndisability services\neducation or training services\nhealth services\nhousing and homelessness services\nlegal services\ns 282K ins 2023 No. 3 s 37\n(sec.282K-ssec.1) The members of the MACP system are— the chief executive (each a core member ) of a department that is mainly responsible for any of the following matters— Aboriginal and Torres Strait Islander services; child protection services; community services; corrective services; court services; disability services; education; housing services; public health services; youth justice services; and the commissioner of the police service (also a core member ); and from time to time, prescribed entities or service providers contributing to the operation of the system by invitation of the core members.\n(sec.282K-ssec.2) In this section— prescribed entity means— the chief executive of a department, other than a department mentioned in subsection (1) (a) , that provides services to children; or the chief executive officer of Mater Misericordiae Ltd ACN 096 708 922; or a health service chief executive under the Hospital and Health Boards Act 2011 ; or the chief executive officer of the National Disability Insurance Agency; or the principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or the public guardian under the Public Guardian Act 2014 ; or another entity prescribed by regulation. service provider means— Legal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or a non-government entity that provides a service to children. counselling disability services education or training services health services housing and homelessness services legal services\n- (a) the chief executive (each a core member ) of a department that is mainly responsible for any of the following matters— (i) Aboriginal and Torres Strait Islander services; (ii) child protection services; (iii) community services; (iv) corrective services; (v) court services; (vi) disability services; (vii) education; (viii) housing services; (ix) public health services; (x) youth justice services; and\n- (i) Aboriginal and Torres Strait Islander services;\n- (ii) child protection services;\n- (iii) community services;\n- (iv) corrective services;\n- (v) court services;\n- (vi) disability services;\n- (vii) education;\n- (viii) housing services;\n- (ix) public health services;\n- (x) youth justice services; and\n- (b) the commissioner of the police service (also a core member ); and\n- (c) from time to time, prescribed entities or service providers contributing to the operation of the system by invitation of the core members.\n- (i) Aboriginal and Torres Strait Islander services;\n- (ii) child protection services;\n- (iii) community services;\n- (iv) corrective services;\n- (v) court services;\n- (vi) disability services;\n- (vii) education;\n- (viii) housing services;\n- (ix) public health services;\n- (x) youth justice services; and\n- (a) the chief executive of a department, other than a department mentioned in subsection (1) (a) , that provides services to children; or\n- (b) the chief executive officer of Mater Misericordiae Ltd ACN 096 708 922; or\n- (c) a health service chief executive under the Hospital and Health Boards Act 2011 ; or\n- (d) the chief executive officer of the National Disability Insurance Agency; or\n- (e) the principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or\n- (f) the public guardian under the Public Guardian Act 2014 ; or\n- (g) another entity prescribed by regulation.\n- (a) Legal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or\n- (b) a non-government entity that provides a service to children. Examples of a service that may be provided to children— • counselling • disability services • education or training services • health services • housing and homelessness services • legal services\n- • counselling\n- • disability services\n- • education or training services\n- • health services\n- • housing and homelessness services\n- • legal services\n- • counselling\n- • disability services\n- • education or training services\n- • health services\n- • housing and homelessness services\n- • legal services","sortOrder":501},{"sectionNumber":"sec.282L","sectionType":"section","heading":"Referral of children to MACP system","content":"### sec.282L Referral of children to MACP system\n\nThe chief executive must decide, in consultation with the core members, the categories of children charged with offences or at risk of being charged with offences (each an eligible category ) who may be referred to the MACP system.\nThe chief executive must inform the members of the MACP system of the chief executive’s decision under subsection (1) .\nA member of the MACP system may refer a child who is in an eligible category to the system.\nThe members of the MACP system must collectively decide whether or not to accept the referral of the child to the system.\ns 282L ins 2023 No. 3 s 37\n(sec.282L-ssec.1) The chief executive must decide, in consultation with the core members, the categories of children charged with offences or at risk of being charged with offences (each an eligible category ) who may be referred to the MACP system.\n(sec.282L-ssec.2) The chief executive must inform the members of the MACP system of the chief executive’s decision under subsection (1) .\n(sec.282L-ssec.3) A member of the MACP system may refer a child who is in an eligible category to the system.\n(sec.282L-ssec.4) The members of the MACP system must collectively decide whether or not to accept the referral of the child to the system.","sortOrder":502},{"sectionNumber":"sec.282M","sectionType":"section","heading":"Responsibilities of core members","content":"### sec.282M Responsibilities of core members\n\nThe responsibilities of the core members are as follows—\nto contribute to the operation of the MACP system through representatives who have appropriate knowledge and experience and decision-making authority;\nto use their best endeavours to agree on recommendations to give to the chief executive, and to each other, about assessing and responding to the needs and offending behaviour of children referred to and accepted by the members and, for that purpose, to—\nshare information about the children, under an arrangement established under part 9 , division 2A ; and\nidentify relevant resources of members or other entities; and\ntake the action required under the recommendations; and\nmonitor the implementation of the recommendations and review their effectiveness; and\ninvite and facilitate contributions from prescribed entities or service providers with knowledge, experience or resources that would help achieve the purpose of the MACP system.\ns 282M ins 2023 No. 3 s 37\n- (a) to contribute to the operation of the MACP system through representatives who have appropriate knowledge and experience and decision-making authority;\n- (b) to use their best endeavours to agree on recommendations to give to the chief executive, and to each other, about assessing and responding to the needs and offending behaviour of children referred to and accepted by the members and, for that purpose, to— (i) share information about the children, under an arrangement established under part 9 , division 2A ; and (ii) identify relevant resources of members or other entities; and (iii) take the action required under the recommendations; and (iv) monitor the implementation of the recommendations and review their effectiveness; and (v) invite and facilitate contributions from prescribed entities or service providers with knowledge, experience or resources that would help achieve the purpose of the MACP system.\n- (i) share information about the children, under an arrangement established under part 9 , division 2A ; and\n- (ii) identify relevant resources of members or other entities; and\n- (iii) take the action required under the recommendations; and\n- (iv) monitor the implementation of the recommendations and review their effectiveness; and\n- (v) invite and facilitate contributions from prescribed entities or service providers with knowledge, experience or resources that would help achieve the purpose of the MACP system.\n- (i) share information about the children, under an arrangement established under part 9 , division 2A ; and\n- (ii) identify relevant resources of members or other entities; and\n- (iii) take the action required under the recommendations; and\n- (iv) monitor the implementation of the recommendations and review their effectiveness; and\n- (v) invite and facilitate contributions from prescribed entities or service providers with knowledge, experience or resources that would help achieve the purpose of the MACP system.","sortOrder":503},{"sectionNumber":"pt.9","sectionType":"part","heading":"Provisions about disclosure of information","content":"# Provisions about disclosure of information","sortOrder":504},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":505},{"sectionNumber":"sec.283","sectionType":"section","heading":"Confidential information to which this part applies","content":"### sec.283 Confidential information to which this part applies\n\nThis part applies to confidential information relating to a child who is being, or has been, dealt with under this Act.\nThe ways that a child may be dealt with under this Act include—\nbeing investigated for an offence; and\nbeing detained; and\nparticipating in a restorative justice process; and\nbeing cautioned, prosecuted or sentenced for an offence.\nThis part continues to apply to the information after the child becomes an adult.\nThis part also applies to confidential information relating to an adult who is being, or has been, dealt with under this Act for a child offence, as if he or she were still a child.\ns 283 ins 2002 No. 39 s 109\namd 2016 No. 39 s 31\n(sec.283-ssec.1) This part applies to confidential information relating to a child who is being, or has been, dealt with under this Act.\n(sec.283-ssec.2) The ways that a child may be dealt with under this Act include— being investigated for an offence; and being detained; and participating in a restorative justice process; and being cautioned, prosecuted or sentenced for an offence.\n(sec.283-ssec.3) This part continues to apply to the information after the child becomes an adult.\n(sec.283-ssec.4) This part also applies to confidential information relating to an adult who is being, or has been, dealt with under this Act for a child offence, as if he or she were still a child.\n- (a) being investigated for an offence; and\n- (b) being detained; and\n- (c) participating in a restorative justice process; and\n- (d) being cautioned, prosecuted or sentenced for an offence.","sortOrder":506},{"sectionNumber":"sec.284","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.284 Definitions for pt 9\n\nIn this part—\nchild offence means an offence committed, or alleged to have been committed, by a person when he or she was a child.\nconfidential information , relating to a child, includes—\nidentifying information about the child; and\na report made for the purposes of, or tendered in, a court proceeding relating to the child; and\na report about the child made for the department or another government department; and\na report about the child given to an agency for the purpose of carrying out the objects of this Act; and\ninformation about the child gained by a convenor or coordinator in relation to the convening of a conference; and\na record or transcription of a court proceeding relating to the child.\ns 284 def confidential information amd 2020 No. 32 s 71\ncoordinator means a person appointed as a youth justice coordinator under section 31 before the commencement of this section.\ns 284 def coordinator ins 2012 No. 41 s 41\ndisclose see section 286 .\ns 284 ins 2002 No. 39 s 109\n- (a) identifying information about the child; and\n- (b) a report made for the purposes of, or tendered in, a court proceeding relating to the child; and\n- (c) a report about the child made for the department or another government department; and\n- (d) a report about the child given to an agency for the purpose of carrying out the objects of this Act; and\n- (e) information about the child gained by a convenor or coordinator in relation to the convening of a conference; and\n- (f) a record or transcription of a court proceeding relating to the child.","sortOrder":507},{"sectionNumber":"sec.285","sectionType":"section","heading":"When does someone gain information through involvement in the administration of this Act","content":"### sec.285 When does someone gain information through involvement in the administration of this Act\n\nAnyone who at any time has been or is any of the following persons is taken to have been, or to be, involved in the administration of this Act—\nan officer of the department;\na member of the police service;\na person investigating a matter under this Act;\na coordinator;\na convenor convening a conference;\na person performing a function in relation to a record or transcription, made under the Recording of Evidence Act 1962 , of a proceeding relating to a child (including a recorder under that Act);\na member of the community justice group in a child’s community;\na boot camp centre provider;\na person who is, or who is employed or engaged by, a prescribed entity or service provider;\nanyone else performing a function under or for a purpose of this Act;\na WHS entry permit holder performing a function under the Work Health and Safety Act 2011 in relation to a detention centre.\nA person has gained, gains, or has access to, information through involvement in the administration of this Act if the person has gained, gains, or has access to, the information in the course of the involvement or because of opportunity provided by the involvement.\nIn this section—\nboot camp centre provider means a person who was approved under repealed section 282A , as in force from time to time before the commencement, as a boot camp centre provider.\nprescribed entity see section 297D .\nservice provider see section 297D .\nWHS entry permit holder see the Work Health and Safety Act 2011 , schedule 5 .\ns 285 ins 2002 No. 39 s 109\namd 2007 No. 59 s 76 ; 2012 No. 41 s 42 ; 2013 No. 3 s 61 sch 2 ; 2016 No. 38 s 50 ; 2019 No. 23 s 28 ; 2024 No. 45 s 128\n(sec.285-ssec.1) Anyone who at any time has been or is any of the following persons is taken to have been, or to be, involved in the administration of this Act— an officer of the department; a member of the police service; a person investigating a matter under this Act; a coordinator; a convenor convening a conference; a person performing a function in relation to a record or transcription, made under the Recording of Evidence Act 1962 , of a proceeding relating to a child (including a recorder under that Act); a member of the community justice group in a child’s community; a boot camp centre provider; a person who is, or who is employed or engaged by, a prescribed entity or service provider; anyone else performing a function under or for a purpose of this Act; a WHS entry permit holder performing a function under the Work Health and Safety Act 2011 in relation to a detention centre.\n(sec.285-ssec.2) A person has gained, gains, or has access to, information through involvement in the administration of this Act if the person has gained, gains, or has access to, the information in the course of the involvement or because of opportunity provided by the involvement.\n(sec.285-ssec.3) In this section— boot camp centre provider means a person who was approved under repealed section 282A , as in force from time to time before the commencement, as a boot camp centre provider. prescribed entity see section 297D . service provider see section 297D . WHS entry permit holder see the Work Health and Safety Act 2011 , schedule 5 .\n- (a) an officer of the department;\n- (b) a member of the police service;\n- (c) a person investigating a matter under this Act;\n- (d) a coordinator;\n- (e) a convenor convening a conference;\n- (f) a person performing a function in relation to a record or transcription, made under the Recording of Evidence Act 1962 , of a proceeding relating to a child (including a recorder under that Act);\n- (g) a member of the community justice group in a child’s community;\n- (h) a boot camp centre provider;\n- (i) a person who is, or who is employed or engaged by, a prescribed entity or service provider;\n- (j) anyone else performing a function under or for a purpose of this Act;\n- (k) a WHS entry permit holder performing a function under the Work Health and Safety Act 2011 in relation to a detention centre.","sortOrder":508},{"sectionNumber":"sec.286","sectionType":"section","heading":"Meaning of disclose for pt 9","content":"### sec.286 Meaning of disclose for pt 9\n\nFor this part, a person discloses information to someone else if the person—\norally discloses the information to the other person; or\nproduces to the other person, or gives the other person access to, a document containing the information; or\ndiscloses the information to the other person in another way.\ns 286 ins 2002 No. 39 s 109\n- (a) orally discloses the information to the other person; or\n- (b) produces to the other person, or gives the other person access to, a document containing the information; or\n- (c) discloses the information to the other person in another way.","sortOrder":509},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Preservation of confidentiality generally","content":"## Preservation of confidentiality generally","sortOrder":510},{"sectionNumber":"sec.287","sectionType":"section","heading":"Application","content":"### sec.287 Application\n\nThis division applies to a person who has gained, gains, or has access to, confidential information relating to a child through involvement in the administration of this Act.\nThis division also applies to a person who has gained, gains, or has access to, confidential information relating to a child for the purpose of, or in the course of, providing counselling or support to a victim of an offence.\ns 287 ins 2002 No. 39 s 109\namd 2024 No. 45 s 129\n(sec.287-ssec.1) This division applies to a person who has gained, gains, or has access to, confidential information relating to a child through involvement in the administration of this Act.\n(sec.287-ssec.2) This division also applies to a person who has gained, gains, or has access to, confidential information relating to a child for the purpose of, or in the course of, providing counselling or support to a victim of an offence.","sortOrder":511},{"sectionNumber":"sec.288","sectionType":"section","heading":"Preservation of confidentiality","content":"### sec.288 Preservation of confidentiality\n\nThe person must not—\nrecord or use the information, or intentionally disclose it to anyone, other than under this division; or\nrecklessly disclose the information to anyone.\nMaximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment.\ns 288 ins 2002 No. 39 s 109\n- (a) record or use the information, or intentionally disclose it to anyone, other than under this division; or\n- (b) recklessly disclose the information to anyone.","sortOrder":512},{"sectionNumber":"sec.289","sectionType":"section","heading":"Recording, use or disclosure for authorised purpose","content":"### sec.289 Recording, use or disclosure for authorised purpose\n\nThe person may record, use or disclose the information—\nfor a purpose of this Act; or\nif the person is a member of the police service, for the purpose of the functions of the police service not involving publishing the information; or\nif the person is a member of the community justice group in a child’s community, as part of making submissions about the child to—\na court or police officer under section 48AA (4) (a) (vii) ; or\na court under section 150 (3) (i) ; or\nif the person is a person mentioned in section 287 (2) and the information was obtained from a victim of an offence, for the purpose of providing counselling or support to the victim; or\nfor the purpose of the Police Powers and Responsibilities Act 2000 , section 379 ; or\nfor statistical purposes, without revealing, or being likely to reveal, the identity of the child; or\nwhen authorised by a court under section 234 ; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nas expressly permitted or required under this or another Act; or\nwhen authorised under the regulations.\ns 289 ins 2002 No. 39 s 109\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2007 No. 59 s 77 ; 2019 No. 10 s 35 sch 1 ; 2019 No. 23 s 29 ; 2020 No. 19 s 166 ; 2021 No. 9 s 30 ; 2024 No. 45 s 130 ; 2024 No. 54 s 34\n(1)(ca), (2) exp 30 April 2023 (see s 289(2))\n- (a) for a purpose of this Act; or\n- (b) if the person is a member of the police service, for the purpose of the functions of the police service not involving publishing the information; or\n- (c) if the person is a member of the community justice group in a child’s community, as part of making submissions about the child to— (i) a court or police officer under section 48AA (4) (a) (vii) ; or (ii) a court under section 150 (3) (i) ; or\n- (i) a court or police officer under section 48AA (4) (a) (vii) ; or\n- (ii) a court under section 150 (3) (i) ; or\n- (d) if the person is a person mentioned in section 287 (2) and the information was obtained from a victim of an offence, for the purpose of providing counselling or support to the victim; or\n- (e) for the purpose of the Police Powers and Responsibilities Act 2000 , section 379 ; or\n- (f) for statistical purposes, without revealing, or being likely to reveal, the identity of the child; or\n- (g) when authorised by a court under section 234 ; or\n- (h) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (i) as expressly permitted or required under this or another Act; or\n- (j) when authorised under the regulations.\n- (i) a court or police officer under section 48AA (4) (a) (vii) ; or\n- (ii) a court under section 150 (3) (i) ; or","sortOrder":513},{"sectionNumber":"sec.289AA","sectionType":"section","heading":"Disclosure to the commissioner of the police service","content":"### sec.289AA Disclosure to the commissioner of the police service\n\nThe chief executive may disclose the information to the commissioner of the police service, for the purpose of the functions of the police service not involving publishing the information, if the chief executive is satisfied the disclosure is in the public interest.\nThis section does not apply to a disclosure that the department may make under the Justice and Other Information Disclosure Act 2008 , part 2 .\ns 289AA ins 2009 No. 34 s 40\n(sec.289AA-ssec.1) The chief executive may disclose the information to the commissioner of the police service, for the purpose of the functions of the police service not involving publishing the information, if the chief executive is satisfied the disclosure is in the public interest.\n(sec.289AA-ssec.2) This section does not apply to a disclosure that the department may make under the Justice and Other Information Disclosure Act 2008 , part 2 .","sortOrder":514},{"sectionNumber":"sec.289A","sectionType":"section","heading":"Disclosure to another member of the community justice group in a child’s community","content":"### sec.289A Disclosure to another member of the community justice group in a child’s community\n\nThis section applies if the person is a member of the community justice group in a child’s community.\nThe person may disclose the information to another member of the community justice group.\ns 289A ins 2007 No. 59 s 78\n(sec.289A-ssec.1) This section applies if the person is a member of the community justice group in a child’s community.\n(sec.289A-ssec.2) The person may disclose the information to another member of the community justice group.","sortOrder":515},{"sectionNumber":"sec.290","sectionType":"section","heading":"Disclosure to the child or with the child’s consent","content":"### sec.290 Disclosure to the child or with the child’s consent\n\nThe person may disclose the information to the child.\nThe person may disclose the information to someone else if the child consents to the disclosure after being told—\nthe information to be disclosed; and\nto whom it is to be disclosed; and\nthe reason for the disclosure.\ns 290 ins 2002 No. 39 s 109\n(sec.290-ssec.1) The person may disclose the information to the child.\n(sec.290-ssec.2) The person may disclose the information to someone else if the child consents to the disclosure after being told— the information to be disclosed; and to whom it is to be disclosed; and the reason for the disclosure.\n- (a) the information to be disclosed; and\n- (b) to whom it is to be disclosed; and\n- (c) the reason for the disclosure.","sortOrder":516},{"sectionNumber":"sec.291","sectionType":"section","heading":null,"content":"### Section sec.291\n\ns 291 ins 2002 No. 39 s 109\namd 2004 No. 13 s 102 sch 2 pts 1 – 2\nom 2014 No. 28 s 105 sch 1","sortOrder":517},{"sectionNumber":"sec.292","sectionType":"section","heading":"Disclosure to ensure someone’s safety","content":"### sec.292 Disclosure to ensure someone’s safety\n\nThe chief executive may give written authority to a person to disclose confidential information if the chief executive is satisfied the disclosure is necessary to ensure a person’s safety.\nThe authorised person may disclose the information under the authority.\ns 292 ins 2002 No. 39 s 109\n(sec.292-ssec.1) The chief executive may give written authority to a person to disclose confidential information if the chief executive is satisfied the disclosure is necessary to ensure a person’s safety.\n(sec.292-ssec.2) The authorised person may disclose the information under the authority.","sortOrder":518},{"sectionNumber":"sec.293","sectionType":"section","heading":"Disclosure by chief executive to approved carers and others","content":"### sec.293 Disclosure by chief executive to approved carers and others\n\nIf the child has been, or is being, placed in care under the Child Protection Act 1999 , section 82 , the chief executive may disclose the information to—\nfor a placement in the care of a licensee—a person conducting the licensed care service; or\nfor a placement in the care of an entity conducting a departmental care service—a person conducting the service; or\nfor a placement in the care of an approved carer or other person—the approved carer or other person, or a person coordinating the placement.\ns 293 ins 2002 No. 39 s 109\namd 2005 No. 40 s 69 sch\n- (a) for a placement in the care of a licensee—a person conducting the licensed care service; or\n- (b) for a placement in the care of an entity conducting a departmental care service—a person conducting the service; or\n- (c) for a placement in the care of an approved carer or other person—the approved carer or other person, or a person coordinating the placement.","sortOrder":519},{"sectionNumber":"sec.294","sectionType":"section","heading":"Disclosure to law enforcement entity in another jurisdiction","content":"### sec.294 Disclosure to law enforcement entity in another jurisdiction\n\nThe person may disclose the information to an officer of a department of another State responsible for the administration or enforcement of a law about child offenders.\nSubsection (1) does not apply to the disclosure, by a member of the police service, of information mentioned in section 295 (1) .\ns 294 ins 2002 No. 39 s 109\n(sec.294-ssec.1) The person may disclose the information to an officer of a department of another State responsible for the administration or enforcement of a law about child offenders.\n(sec.294-ssec.2) Subsection (1) does not apply to the disclosure, by a member of the police service, of information mentioned in section 295 (1) .","sortOrder":520},{"sectionNumber":"sec.295","sectionType":"section","heading":"Disclosure by police of information about cautions and restorative justice process referrals and restorative justice agreements","content":"### sec.295 Disclosure by police of information about cautions and restorative justice process referrals and restorative justice agreements\n\nThis section applies if the confidential information is information that identifies a child, or is likely to lead to the identification of a child, as a child who—\nis to be or has been cautioned for an offence; or\nhas been referred to a restorative justice process; or\nhas made a restorative justice agreement.\nA member of the police service may disclose the information to—\na parent of the child; or\na complainant for the offence; or\nthe chief executive; or\na member of a police service of the Commonwealth or another State dealing with the child; or\na lawyer acting for the child; or\na person who has the function of investigating offences under an Act and who is dealing with the child.\nSubsection (2) (d) applies to information that is inadmissible in a proceeding against the child in Queensland only if the information is also inadmissible in a proceeding against the child in the Commonwealth or other State.\nAlso, a member of the police service may disclose the information to a person undertaking research if—\nthe research has been approved by the commissioner of the police service for the purpose of the disclosure; and\nthe person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.\nA person to whom information is disclosed under subsection (4) must not contravene the undertaking.\nMaximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment.\nThe commissioner of the police service may approve research for subsection (4) if the commissioner is satisfied the research is genuine.\ns 295 ins 2002 No. 39 s 109\namd 2004 No. 11 s 596 sch 1 ; 2012 No. 41 s 43 ; 2016 No. 39 s 32\n(sec.295-ssec.1) This section applies if the confidential information is information that identifies a child, or is likely to lead to the identification of a child, as a child who— is to be or has been cautioned for an offence; or has been referred to a restorative justice process; or has made a restorative justice agreement.\n(sec.295-ssec.2) A member of the police service may disclose the information to— a parent of the child; or a complainant for the offence; or the chief executive; or a member of a police service of the Commonwealth or another State dealing with the child; or a lawyer acting for the child; or a person who has the function of investigating offences under an Act and who is dealing with the child.\n(sec.295-ssec.3) Subsection (2) (d) applies to information that is inadmissible in a proceeding against the child in Queensland only if the information is also inadmissible in a proceeding against the child in the Commonwealth or other State.\n(sec.295-ssec.4) Also, a member of the police service may disclose the information to a person undertaking research if— the research has been approved by the commissioner of the police service for the purpose of the disclosure; and the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.\n(sec.295-ssec.5) A person to whom information is disclosed under subsection (4) must not contravene the undertaking. Maximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment.\n(sec.295-ssec.6) The commissioner of the police service may approve research for subsection (4) if the commissioner is satisfied the research is genuine.\n- (a) is to be or has been cautioned for an offence; or\n- (b) has been referred to a restorative justice process; or\n- (c) has made a restorative justice agreement.\n- (a) a parent of the child; or\n- (b) a complainant for the offence; or\n- (c) the chief executive; or\n- (d) a member of a police service of the Commonwealth or another State dealing with the child; or\n- (e) a lawyer acting for the child; or\n- (f) a person who has the function of investigating offences under an Act and who is dealing with the child.\n- (a) the research has been approved by the commissioner of the police service for the purpose of the disclosure; and\n- (b) the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.","sortOrder":521},{"sectionNumber":"sec.296","sectionType":"section","heading":"Disclosure by chief executive or convenor of information about restorative justice processes","content":"### sec.296 Disclosure by chief executive or convenor of information about restorative justice processes\n\nThis section applies if the confidential information is information gained by the chief executive or convenor in the convening of a conference or the managing of an alternative diversion program.\nThe chief executive or convenor may record, disclose or use the information—\nfor informing a referring authority about a referral made by it; or\nwith the agreement of all the participants to the conference; or\nfor this or another Act; or\nfor statistical purposes without revealing, or being likely to reveal, the identity of a person to whom the information relates; or\nfor an inquiry or proceeding about an offence happening in the conduct of the conference.\ns 296 ins 2002 No. 39 s 109\namd 2012 No. 41 s 44 ; 2016 No. 39 s 33\n(sec.296-ssec.1) This section applies if the confidential information is information gained by the chief executive or convenor in the convening of a conference or the managing of an alternative diversion program.\n(sec.296-ssec.2) The chief executive or convenor may record, disclose or use the information— for informing a referring authority about a referral made by it; or with the agreement of all the participants to the conference; or for this or another Act; or for statistical purposes without revealing, or being likely to reveal, the identity of a person to whom the information relates; or for an inquiry or proceeding about an offence happening in the conduct of the conference.\n- (a) for informing a referring authority about a referral made by it; or\n- (b) with the agreement of all the participants to the conference; or\n- (c) for this or another Act; or\n- (d) for statistical purposes without revealing, or being likely to reveal, the identity of a person to whom the information relates; or\n- (e) for an inquiry or proceeding about an offence happening in the conduct of the conference.","sortOrder":522},{"sectionNumber":"sec.297","sectionType":"section","heading":"Disclosure by chief executive of information for research purposes","content":"### sec.297 Disclosure by chief executive of information for research purposes\n\nThe chief executive may disclose the information to a person undertaking research if—\nthe chief executive is satisfied the research is genuine; and\nthe person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.\nThe person must not contravene the undertaking.\nMaximum penalty for subsection (2) (subject to part 7 )—100 penalty units or 2 years imprisonment.\ns 297 ins 2002 No. 39 s 109\n(sec.297-ssec.1) The chief executive may disclose the information to a person undertaking research if— the chief executive is satisfied the research is genuine; and the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.\n(sec.297-ssec.2) The person must not contravene the undertaking. Maximum penalty for subsection (2) (subject to part 7 )—100 penalty units or 2 years imprisonment.\n- (a) the chief executive is satisfied the research is genuine; and\n- (b) the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.","sortOrder":523},{"sectionNumber":"sec.297A","sectionType":"section","heading":"Making information available for Child Protection Act 1999","content":"### sec.297A Making information available for Child Protection Act 1999\n\nThe chief executive may, under arrangements made with the chief executive (child safety), make information, including confidential information, relating to a person, gained in the administration of this Act, available to officers of the department (child safety) for the purposes of the Child Protection Act 1999 .\nHowever, subsection (1) does not apply to information about the identity of a detention centre employee who makes a report to the chief executive under section 268 .\nIn this section—\nchief executive (child safety) means the chief executive of the department (child safety).\ndepartment (child safety) means the department in which the Child Protection Act 1999 is administered.\nThe Child Protection Act 1999 , chapter 6 , part 6 , restricts the use or disclosure of stated information and access to stated documents.\ns 297A ins 2007 No. 38 s 147\n(sec.297A-ssec.1) The chief executive may, under arrangements made with the chief executive (child safety), make information, including confidential information, relating to a person, gained in the administration of this Act, available to officers of the department (child safety) for the purposes of the Child Protection Act 1999 .\n(sec.297A-ssec.2) However, subsection (1) does not apply to information about the identity of a detention centre employee who makes a report to the chief executive under section 268 .\n(sec.297A-ssec.3) In this section— chief executive (child safety) means the chief executive of the department (child safety). department (child safety) means the department in which the Child Protection Act 1999 is administered. The Child Protection Act 1999 , chapter 6 , part 6 , restricts the use or disclosure of stated information and access to stated documents.","sortOrder":524},{"sectionNumber":"pt.9-div.2A","sectionType":"division","heading":"Information sharing and services coordination for children charged with offences","content":"## Information sharing and services coordination for children charged with offences","sortOrder":525},{"sectionNumber":"sec.297B","sectionType":"section","heading":"Purpose","content":"### sec.297B Purpose\n\nThe purpose of this division is to enable a coordinated response to the needs of children charged with offences.\nThe purpose is to be achieved by providing for an arrangement to be established under which—\nservices provided to the children by particular entities are coordinated; and\nconfidential information relating to the children may be shared between particular entities, while protecting the confidentiality of the information.\ns 297B ins 2019 No. 23 s 30\n(sec.297B-ssec.1) The purpose of this division is to enable a coordinated response to the needs of children charged with offences.\n(sec.297B-ssec.2) The purpose is to be achieved by providing for an arrangement to be established under which— services provided to the children by particular entities are coordinated; and confidential information relating to the children may be shared between particular entities, while protecting the confidentiality of the information.\n- (a) services provided to the children by particular entities are coordinated; and\n- (b) confidential information relating to the children may be shared between particular entities, while protecting the confidentiality of the information.","sortOrder":526},{"sectionNumber":"sec.297C","sectionType":"section","heading":"Principle for sharing information","content":"### sec.297C Principle for sharing information\n\nAs well as the youth justice principles, it is a principle underlying this division that, whenever possible and practical, a person’s consent should be obtained before disclosing confidential information relating to the person to someone else.\nHowever, this section does not prevent information relating to a person from being disclosed to someone else under this division if the person’s consent is not obtained before the disclosure.\ns 297C ins 2019 No. 23 s 30\n(sec.297C-ssec.1) As well as the youth justice principles, it is a principle underlying this division that, whenever possible and practical, a person’s consent should be obtained before disclosing confidential information relating to the person to someone else.\n(sec.297C-ssec.2) However, this section does not prevent information relating to a person from being disclosed to someone else under this division if the person’s consent is not obtained before the disclosure.","sortOrder":527},{"sectionNumber":"sec.297D","sectionType":"section","heading":"Definitions for division","content":"### sec.297D Definitions for division\n\nIn this division—\nchild charged with an offence see section 297E .\nnon-government entity means an entity that is not a State or Commonwealth department or agency.\nprescribed entity means—\nthe chief executive of a department that is mainly responsible for any of the following matters—\nAboriginal and Torres Strait Islander services;\nchild protection services;\ncommunity services;\ncorrective services;\ncourt services;\ndisability services;\neducation;\nhousing services;\npublic health services;\nyouth justice services; or\nthe chief executive of another department that provides services to children; or\nthe commissioner of the police service; or\nthe chief executive officer of Mater Misericordiae Ltd ACN 096 708 922; or\na health service chief executive under the Hospital and Health Boards Act 2011 ; or\nthe chief executive officer of the National Disability Insurance Agency; or\nthe principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or\nthe public guardian; or\nanother entity prescribed by regulation.\ns 297D def prescribed entity amd 2023 No. 3 s 38 ; 2023 No. 14 s 47\nservice provider means—\nLegal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or\na non-government entity that provides a service to children.\ncounselling\ndisability services\neducation or training services\nhealth services\nhousing and homelessness services\nlegal services\ns 297D ins 2019 No. 23 s 30\n- (a) the chief executive of a department that is mainly responsible for any of the following matters— (i) Aboriginal and Torres Strait Islander services; (ii) child protection services; (iii) community services; (iv) corrective services; (v) court services; (vi) disability services; (vii) education; (viii) housing services; (ix) public health services; (x) youth justice services; or\n- (i) Aboriginal and Torres Strait Islander services;\n- (ii) child protection services;\n- (iii) community services;\n- (iv) corrective services;\n- (v) court services;\n- (vi) disability services;\n- (vii) education;\n- (viii) housing services;\n- (ix) public health services;\n- (x) youth justice services; or\n- (b) the chief executive of another department that provides services to children; or\n- (c) the commissioner of the police service; or\n- (d) the chief executive officer of Mater Misericordiae Ltd ACN 096 708 922; or\n- (e) a health service chief executive under the Hospital and Health Boards Act 2011 ; or\n- (f) the chief executive officer of the National Disability Insurance Agency; or\n- (g) the principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or\n- (h) the public guardian; or\n- (i) another entity prescribed by regulation.\n- (i) Aboriginal and Torres Strait Islander services;\n- (ii) child protection services;\n- (iii) community services;\n- (iv) corrective services;\n- (v) court services;\n- (vi) disability services;\n- (vii) education;\n- (viii) housing services;\n- (ix) public health services;\n- (x) youth justice services; or\n- (a) Legal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or\n- (b) a non-government entity that provides a service to children. Examples of a service that may be provided to children— • counselling • disability services • education or training services • health services • housing and homelessness services • legal services\n- • counselling\n- • disability services\n- • education or training services\n- • health services\n- • housing and homelessness services\n- • legal services\n- • counselling\n- • disability services\n- • education or training services\n- • health services\n- • housing and homelessness services\n- • legal services","sortOrder":528},{"sectionNumber":"sec.297E","sectionType":"section","heading":"References to a child charged with an offence","content":"### sec.297E References to a child charged with an offence\n\nFor this division, a reference to a child charged with an offence includes a reference to a child who—\nwas charged with an offence; and\nis receiving, or is the subject of, a service provided for the purpose of—\ndealing with the child under this Act for the offence; or\nan assessment prepared for sentencing the child for the offence\nhelping rehabilitate the child.\ncounselling and rehabilitation programs provided for the purpose of meeting particular needs of the child relevant to the child’s offending behaviour\ns 297E ins 2019 No. 23 s 30\n- (a) was charged with an offence; and\n- (b) is receiving, or is the subject of, a service provided for the purpose of— (i) dealing with the child under this Act for the offence; or Example— an assessment prepared for sentencing the child for the offence (ii) helping rehabilitate the child. Example— counselling and rehabilitation programs provided for the purpose of meeting particular needs of the child relevant to the child’s offending behaviour\n- (i) dealing with the child under this Act for the offence; or Example— an assessment prepared for sentencing the child for the offence\n- (ii) helping rehabilitate the child. Example— counselling and rehabilitation programs provided for the purpose of meeting particular needs of the child relevant to the child’s offending behaviour\n- (i) dealing with the child under this Act for the offence; or Example— an assessment prepared for sentencing the child for the offence\n- (ii) helping rehabilitate the child. Example— counselling and rehabilitation programs provided for the purpose of meeting particular needs of the child relevant to the child’s offending behaviour","sortOrder":529},{"sectionNumber":"sec.297F","sectionType":"section","heading":"Establishment of arrangements","content":"### sec.297F Establishment of arrangements\n\nA chief executive of a department who is a prescribed entity may establish an arrangement to enable prescribed entities and service providers to—\ncoordinate the provision of services (including assessments and referrals) to meet the needs of children charged with offences; and\nprovide information that may be used by courts in making bail or sentencing decisions for children; and\nshare relevant information with each other for the purpose of the matters mentioned in paragraphs (a) and (b) .\ns 297F ins 2019 No. 23 s 30\n- (a) coordinate the provision of services (including assessments and referrals) to meet the needs of children charged with offences; and\n- (b) provide information that may be used by courts in making bail or sentencing decisions for children; and\n- (c) share relevant information with each other for the purpose of the matters mentioned in paragraphs (a) and (b) .","sortOrder":530},{"sectionNumber":"sec.297G","sectionType":"section","heading":"Disclosing, recording or using information for particular purposes","content":"### sec.297G Disclosing, recording or using information for particular purposes\n\nThis section applies to a prescribed entity or service provider (each the holder ) that holds confidential information relating to a child charged with an offence.\nThe holder may, under an arrangement established under section 297F , disclose the information to another prescribed entity or service provider (each the recipient ) if the holder reasonably believes the information may help the recipient to—\nparticipate in case planning for the child; or\nassess the child’s needs; or\nensure a court is able to take into account the child’s needs; or\nprovide appropriate referrals for the child; or\ndeliver services, programs or support for the child; or\naddress the child’s health needs or disability needs so far as they are relevant to the child’s previous, or possible future, offending behaviour.\nThe holder may, under an arrangement established under section 297F , record or use the information for a purpose stated in subsection (2) (a) to (f) .\nSubsections (2) and (3) apply subject to any limitations prescribed by regulation about how, or the circumstances in which, a prescribed entity or service provider may disclose, record or use confidential information under this section.\ns 297G ins 2019 No. 23 s 30\n(sec.297G-ssec.1) This section applies to a prescribed entity or service provider (each the holder ) that holds confidential information relating to a child charged with an offence.\n(sec.297G-ssec.2) The holder may, under an arrangement established under section 297F , disclose the information to another prescribed entity or service provider (each the recipient ) if the holder reasonably believes the information may help the recipient to— participate in case planning for the child; or assess the child’s needs; or ensure a court is able to take into account the child’s needs; or provide appropriate referrals for the child; or deliver services, programs or support for the child; or address the child’s health needs or disability needs so far as they are relevant to the child’s previous, or possible future, offending behaviour.\n(sec.297G-ssec.3) The holder may, under an arrangement established under section 297F , record or use the information for a purpose stated in subsection (2) (a) to (f) .\n(sec.297G-ssec.4) Subsections (2) and (3) apply subject to any limitations prescribed by regulation about how, or the circumstances in which, a prescribed entity or service provider may disclose, record or use confidential information under this section.\n- (a) participate in case planning for the child; or\n- (b) assess the child’s needs; or\n- (c) ensure a court is able to take into account the child’s needs; or\n- (d) provide appropriate referrals for the child; or\n- (e) deliver services, programs or support for the child; or\n- (f) address the child’s health needs or disability needs so far as they are relevant to the child’s previous, or possible future, offending behaviour.","sortOrder":531},{"sectionNumber":"sec.297H","sectionType":"section","heading":"Interaction with other laws","content":"### sec.297H Interaction with other laws\n\nThis division does not limit a power or obligation under another Act or law to disclose information.\nThis division applies subject to the following provisions—\nthe Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 ;\nthe Criminal Code , section 590AX ;\nthe Director of Public Prosecutions Act 1984 , section 24A ;\nthe Evidence Act 1977 , sections 21AZB , 21AZC , 93AA and 103Q ;\nthe Legal Aid Queensland Act 1997 , sections 75 and 82 .\nSubject to subsection (2) , this division applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.\nHowever, if a person may claim privilege in relation to information under another Act or law, the privilege is not affected only because the information may be, or is, disclosed under this division.\nTo remove any doubt, it is declared that nothing in this division requires an entity to disclose information.\nA person may decide to withhold information that may be disclosed under this division because the information is subject to legal professional privilege.\ns 297H ins 2019 No. 23 s 30\namd 2022 No. 12 s 52 sch 1 pt 2 ; 2022 No. 7 s 132 sch 1\n(sec.297H-ssec.1) This division does not limit a power or obligation under another Act or law to disclose information.\n(sec.297H-ssec.2) This division applies subject to the following provisions— the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 ; the Criminal Code , section 590AX ; the Director of Public Prosecutions Act 1984 , section 24A ; the Evidence Act 1977 , sections 21AZB , 21AZC , 93AA and 103Q ; the Legal Aid Queensland Act 1997 , sections 75 and 82 .\n(sec.297H-ssec.3) Subject to subsection (2) , this division applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.\n(sec.297H-ssec.4) However, if a person may claim privilege in relation to information under another Act or law, the privilege is not affected only because the information may be, or is, disclosed under this division.\n(sec.297H-ssec.5) To remove any doubt, it is declared that nothing in this division requires an entity to disclose information. A person may decide to withhold information that may be disclosed under this division because the information is subject to legal professional privilege.\n- (a) the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 ;\n- (b) the Criminal Code , section 590AX ;\n- (c) the Director of Public Prosecutions Act 1984 , section 24A ;\n- (d) the Evidence Act 1977 , sections 21AZB , 21AZC , 93AA and 103Q ;\n- (e) the Legal Aid Queensland Act 1997 , sections 75 and 82 .","sortOrder":532},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Confidentiality in relation to proceedings","content":"## Confidentiality in relation to proceedings","sortOrder":533},{"sectionNumber":"sec.298","sectionType":"section","heading":"Disclosure of information to court or tribunal","content":"### sec.298 Disclosure of information to court or tribunal\n\nA person is not required to disclose confidential information relating to a child, or the identity of a detention centre employee who has made a report to the chief executive under section 268 , to a court or tribunal unless the court or tribunal orders the disclosure.\nA court or tribunal may order the disclosure only if it considers the disclosure—\nis necessary for a purpose of this Act; or\nwould be in the interests of justice.\ns 298 ins 2002 No. 39 s 109\n(sec.298-ssec.1) A person is not required to disclose confidential information relating to a child, or the identity of a detention centre employee who has made a report to the chief executive under section 268 , to a court or tribunal unless the court or tribunal orders the disclosure.\n(sec.298-ssec.2) A court or tribunal may order the disclosure only if it considers the disclosure— is necessary for a purpose of this Act; or would be in the interests of justice.\n- (a) is necessary for a purpose of this Act; or\n- (b) would be in the interests of justice.","sortOrder":534},{"sectionNumber":"sec.299","sectionType":"section","heading":"Production of department’s records","content":"### sec.299 Production of department’s records\n\nThis section applies if a party to a proceeding in a court or tribunal requires, under applicable rules—\nthe chief executive to produce to the court, tribunal or party a document in the department’s records under this Act in relation to a child; or\na government entity to produce to the court, tribunal or party a document mentioned in paragraph (a) that has been given to the entity under division 2 .\nThe requirement must describe the document to be produced—\nby reference to the person or persons to whom it relates; and\nby general reference to the circumstances to which it relates; and\nby stating the period to which the requirement relates.\nFor subsection (2) (b) , the requirement must show the circumstances to be relevant to the proceeding.\nA person must not, directly or indirectly, disclose or make use of information obtained under the requirement other than for a purpose connected with the proceeding.\nMaximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment.\nDespite any Act to the contrary, if a document in the department’s records under this Act about a child is produced in a proceeding in a court, an officer of the court must not make the document available for inspection to any person other than a party to the proceeding or a party’s legal representative.\nMaximum penalty for subsection (5) (subject to part 7 )—50 penalty units or 1 year’s imprisonment.\ns 299 ins 2002 No. 39 s 109\n(sec.299-ssec.1) This section applies if a party to a proceeding in a court or tribunal requires, under applicable rules— the chief executive to produce to the court, tribunal or party a document in the department’s records under this Act in relation to a child; or a government entity to produce to the court, tribunal or party a document mentioned in paragraph (a) that has been given to the entity under division 2 .\n(sec.299-ssec.2) The requirement must describe the document to be produced— by reference to the person or persons to whom it relates; and by general reference to the circumstances to which it relates; and by stating the period to which the requirement relates.\n(sec.299-ssec.3) For subsection (2) (b) , the requirement must show the circumstances to be relevant to the proceeding.\n(sec.299-ssec.4) A person must not, directly or indirectly, disclose or make use of information obtained under the requirement other than for a purpose connected with the proceeding. Maximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment.\n(sec.299-ssec.5) Despite any Act to the contrary, if a document in the department’s records under this Act about a child is produced in a proceeding in a court, an officer of the court must not make the document available for inspection to any person other than a party to the proceeding or a party’s legal representative. Maximum penalty for subsection (5) (subject to part 7 )—50 penalty units or 1 year’s imprisonment.\n- (a) the chief executive to produce to the court, tribunal or party a document in the department’s records under this Act in relation to a child; or\n- (b) a government entity to produce to the court, tribunal or party a document mentioned in paragraph (a) that has been given to the entity under division 2 .\n- (a) by reference to the person or persons to whom it relates; and\n- (b) by general reference to the circumstances to which it relates; and\n- (c) by stating the period to which the requirement relates.","sortOrder":535},{"sectionNumber":"sec.299A","sectionType":"section","heading":null,"content":"### Section sec.299A\n\ns 299A ins 2014 No. 9 s 21\nom 2016 No. 38 s 51","sortOrder":536},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Other matters relating to confidential information","content":"## Other matters relating to confidential information","sortOrder":537},{"sectionNumber":"sec.300","sectionType":"section","heading":"Identity of officer making a report under s 268","content":"### sec.300 Identity of officer making a report under s 268\n\nThis section applies if a detention centre employee makes a report to the chief executive under section 268 .\nThe person who receives the report, or a person who becomes aware of the officer’s identity, must not disclose the officer’s identity to another person unless—\nthe disclosure is made in the course of performing functions under this Act; or\nthe disclosure is expressly permitted or required under an Act.\nMaximum penalty for subsection (2) (subject to part 7 )—40 penalty units.\ns 300 ins 2002 No. 39 s 109\n(sec.300-ssec.1) This section applies if a detention centre employee makes a report to the chief executive under section 268 .\n(sec.300-ssec.2) The person who receives the report, or a person who becomes aware of the officer’s identity, must not disclose the officer’s identity to another person unless— the disclosure is made in the course of performing functions under this Act; or the disclosure is expressly permitted or required under an Act. Maximum penalty for subsection (2) (subject to part 7 )—40 penalty units.\n- (a) the disclosure is made in the course of performing functions under this Act; or\n- (b) the disclosure is expressly permitted or required under an Act.","sortOrder":538},{"sectionNumber":"sec.301","sectionType":"section","heading":"Prohibition of publication of identifying information about a child","content":"### sec.301 Prohibition of publication of identifying information about a child\n\nA person must not publish identifying information about a child.\nMaximum penalty (subject to part 7 )—\nfor an individual—100 penalty units or 2 years imprisonment; or\nfor a corporation—1,000 penalty units.\nSubsection (1) does not apply to—\npublication in a way permitted by a court order; or\npublication under written authority given under subsection (3) .\nThe chief executive may give written authority to a person to publish identifying information about a child if the chief executive is satisfied the publication is necessary to ensure a person’s safety.\ns 301 ins 2002 No. 39 s 109\nsub 2014 No. 9 s 22\namd 2016 No. 38 s 52\n(sec.301-ssec.1) A person must not publish identifying information about a child. Maximum penalty (subject to part 7 )— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units.\n(sec.301-ssec.2) Subsection (1) does not apply to— publication in a way permitted by a court order; or publication under written authority given under subsection (3) .\n(sec.301-ssec.3) The chief executive may give written authority to a person to publish identifying information about a child if the chief executive is satisfied the publication is necessary to ensure a person’s safety.\n- (a) for an individual—100 penalty units or 2 years imprisonment; or\n- (b) for a corporation—1,000 penalty units.\n- (a) publication in a way permitted by a court order; or\n- (b) publication under written authority given under subsection (3) .","sortOrder":539},{"sectionNumber":"sec.301A","sectionType":"section","heading":"Protection from liability","content":"### sec.301A Protection from liability\n\nThis section applies to a person who—\nis a member of the community justice group in a child’s community; and\nis responsible for the making of a submission about the child to—\na court or a police officer under section 48AA (4) (a) (vii) ; or\na court under section 150 (3) (i) .\nFor subsection (1) (b) , it does not matter that the person did not personally make the submission to the court or the police officer.\nThe person is not civilly liable for an act done, or an omission made, honestly and without negligence in relation to the making of the submission.\ns 301A ins 2007 No. 59 s 79\namd 2019 No. 10 s 35 sch 1 ; 2019 No. 23 s 48 s ch 1 pt 2 ; 2020 No. 19 s 167 ; 2021 No. 9 s 31 ; 2024 No. 54 s 35\n(sec.301A-ssec.1) This section applies to a person who— is a member of the community justice group in a child’s community; and is responsible for the making of a submission about the child to— a court or a police officer under section 48AA (4) (a) (vii) ; or a court under section 150 (3) (i) .\n(sec.301A-ssec.2) For subsection (1) (b) , it does not matter that the person did not personally make the submission to the court or the police officer.\n(sec.301A-ssec.3) The person is not civilly liable for an act done, or an omission made, honestly and without negligence in relation to the making of the submission.\n- (a) is a member of the community justice group in a child’s community; and\n- (b) is responsible for the making of a submission about the child to— (i) a court or a police officer under section 48AA (4) (a) (vii) ; or (ii) a court under section 150 (3) (i) .\n- (i) a court or a police officer under section 48AA (4) (a) (vii) ; or\n- (ii) a court under section 150 (3) (i) .\n- (i) a court or a police officer under section 48AA (4) (a) (vii) ; or\n- (ii) a court under section 150 (3) (i) .","sortOrder":540},{"sectionNumber":"pt.9A","sectionType":"part","heading":"Provisions for declared emergencies and disasters","content":"# Provisions for declared emergencies and disasters","sortOrder":541},{"sectionNumber":"pt.9A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":542},{"sectionNumber":"sec.301B","sectionType":"section","heading":"Definitions for part","content":"### sec.301B Definitions for part\n\nIn this part—\nadversely affected , for a detention centre, see section 301F (1) and (2) .\ndeclared emergency means—\na declared public health emergency under the Public Health Act 2005 ; or\na disaster situation declared under the Disaster Management Act 2003 ; or\nan emergency situation or terrorist emergency declared to exist under the Public Safety Preservation Act 1986 ; or\na biosecurity emergency order or movement control order under the Biosecurity Act 2014 if the order prohibits or restricts individuals from entering or leaving a place.\ndisaster means any of the following, whether occurring naturally or caused by human acts or omissions—\na cyclone, earthquake, flood, storm, storm tide, tornado, tsunami, volcanic eruption or other natural happening;\nan explosion or fire;\na chemical, fuel or oil spill, or gas leak;\nan infestation, plague or epidemic;\na failure of, or disruption to, an essential service or infrastructure;\nan attack against the State;\nanother event similar to an event mentioned in any of paragraphs (a) to (f) .\ndisaster-affected detention centre means a detention centre declared to be a disaster-affected detention centre under—\na temporary detention centre declaration; or\na regulation made under section 301N .\nemergency period means the period for which a declared emergency is in effect.\ntemporary detention centre means a place declared to be a temporary detention centre under—\na temporary detention centre declaration; or\na regulation made under section 301N .\ntemporary detention centre declaration see section 301G (4) .\ns 301B ins 2023 No. 14 s 48\n- (a) a declared public health emergency under the Public Health Act 2005 ; or\n- (b) a disaster situation declared under the Disaster Management Act 2003 ; or\n- (c) an emergency situation or terrorist emergency declared to exist under the Public Safety Preservation Act 1986 ; or\n- (d) a biosecurity emergency order or movement control order under the Biosecurity Act 2014 if the order prohibits or restricts individuals from entering or leaving a place.\n- (a) a cyclone, earthquake, flood, storm, storm tide, tornado, tsunami, volcanic eruption or other natural happening;\n- (b) an explosion or fire;\n- (c) a chemical, fuel or oil spill, or gas leak;\n- (d) an infestation, plague or epidemic;\n- (e) a failure of, or disruption to, an essential service or infrastructure;\n- (f) an attack against the State;\n- (g) another event similar to an event mentioned in any of paragraphs (a) to (f) .\n- (a) a temporary detention centre declaration; or\n- (b) a regulation made under section 301N .\n- (a) a temporary detention centre declaration; or\n- (b) a regulation made under section 301N .","sortOrder":543},{"sectionNumber":"pt.9A-div.2","sectionType":"division","heading":"Restorative justice processes","content":"## Restorative justice processes","sortOrder":544},{"sectionNumber":"sec.301C","sectionType":"section","heading":"Conference agreement reached at conference held during emergency period","content":"### sec.301C Conference agreement reached at conference held during emergency period\n\nThis section applies—\nto a conference agreement made at a conference held during the emergency period for a declared emergency; and\nif, because of the declared emergency, it was necessary for 1 or more of the persons entitled to participate in the conference, who chose to participate, to participate by audio link or audiovisual link.\nFor section 36 (2) , the requirement that the conference agreement must be signed by a particular person, other than the convenor of the conference, is taken to be satisfied if the convenor notes on the agreement that the person has agreed to the agreement.\nThe convenor of the conference is taken to have complied with section 36 (4) if, promptly after the conference, the convenor gives a copy of the conference agreement to each person who is required to sign the agreement under that section.\nIn this section—\naudio link means facilities, including telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places.\naudiovisual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.\ns 301C ins 2023 No. 14 s 48\n(sec.301C-ssec.1) This section applies— to a conference agreement made at a conference held during the emergency period for a declared emergency; and if, because of the declared emergency, it was necessary for 1 or more of the persons entitled to participate in the conference, who chose to participate, to participate by audio link or audiovisual link.\n(sec.301C-ssec.2) For section 36 (2) , the requirement that the conference agreement must be signed by a particular person, other than the convenor of the conference, is taken to be satisfied if the convenor notes on the agreement that the person has agreed to the agreement.\n(sec.301C-ssec.3) The convenor of the conference is taken to have complied with section 36 (4) if, promptly after the conference, the convenor gives a copy of the conference agreement to each person who is required to sign the agreement under that section.\n(sec.301C-ssec.4) In this section— audio link means facilities, including telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places. audiovisual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.\n- (a) to a conference agreement made at a conference held during the emergency period for a declared emergency; and\n- (b) if, because of the declared emergency, it was necessary for 1 or more of the persons entitled to participate in the conference, who chose to participate, to participate by audio link or audiovisual link.","sortOrder":545},{"sectionNumber":"pt.9A-div.3","sectionType":"division","heading":"Staffing detention centre during emergency period","content":"## Staffing detention centre during emergency period","sortOrder":546},{"sectionNumber":"sec.301D","sectionType":"section","heading":"Appointment of temporary detention centre employees during emergency period","content":"### sec.301D Appointment of temporary detention centre employees during emergency period\n\nThe chief executive may, during an emergency period, appoint an appropriately qualified person as a temporary detention centre employee.\nHowever, subsection (1) applies only if the chief executive is satisfied the appointment is reasonably necessary for—\nthe security and management of 1 or more detention centres; and\nthe safe custody and wellbeing of children detained in 1 or more detention centres.\nA temporary detention centre employee is appointed under this Act and not the Public Service Act 2008 .\nA temporary detention centre employee holds office on the terms and conditions, not provided for by this Act, decided by the chief executive.\nUnless an appointment under subsection (1) is sooner revoked, the appointment ends on—\nthe day emergency period ends; or\nthe earlier day stated in the instrument of appointment.\nThe chief executive must revoke an appointment under subsection (1) if satisfied the appointment is no longer reasonably necessary for the purpose mentioned in subsection (2) .\ns 301D ins 2023 No. 14 s 48\n(sec.301D-ssec.1) The chief executive may, during an emergency period, appoint an appropriately qualified person as a temporary detention centre employee.\n(sec.301D-ssec.2) However, subsection (1) applies only if the chief executive is satisfied the appointment is reasonably necessary for— the security and management of 1 or more detention centres; and the safe custody and wellbeing of children detained in 1 or more detention centres.\n(sec.301D-ssec.3) A temporary detention centre employee is appointed under this Act and not the Public Service Act 2008 .\n(sec.301D-ssec.4) A temporary detention centre employee holds office on the terms and conditions, not provided for by this Act, decided by the chief executive.\n(sec.301D-ssec.5) Unless an appointment under subsection (1) is sooner revoked, the appointment ends on— the day emergency period ends; or the earlier day stated in the instrument of appointment.\n(sec.301D-ssec.6) The chief executive must revoke an appointment under subsection (1) if satisfied the appointment is no longer reasonably necessary for the purpose mentioned in subsection (2) .\n- (a) the security and management of 1 or more detention centres; and\n- (b) the safe custody and wellbeing of children detained in 1 or more detention centres.\n- (a) the day emergency period ends; or\n- (b) the earlier day stated in the instrument of appointment.","sortOrder":547},{"sectionNumber":"sec.301E","sectionType":"section","heading":"Functions and powers of temporary detention centre employees","content":"### sec.301E Functions and powers of temporary detention centre employees\n\nA person appointed as a temporary detention centre employee is taken to be a detention centre employee under this Act.\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified temporary detention centre employee.\nIn this section—\ntemporary detention centre employee means a person appointed as a temporary detention centre employee under section 301D .\ns 301E ins 2023 No. 14 s 48\n(sec.301E-ssec.1) A person appointed as a temporary detention centre employee is taken to be a detention centre employee under this Act.\n(sec.301E-ssec.2) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified temporary detention centre employee.\n(sec.301E-ssec.3) In this section— temporary detention centre employee means a person appointed as a temporary detention centre employee under section 301D .","sortOrder":548},{"sectionNumber":"pt.9A-div.4","sectionType":"division","heading":"Detention centres adversely affected by disasters","content":"## Detention centres adversely affected by disasters","sortOrder":549},{"sectionNumber":"sec.301F","sectionType":"section","heading":"When is detention centre adversely affected by disaster","content":"### sec.301F When is detention centre adversely affected by disaster\n\nA detention centre is adversely affected by a disaster that has happened, is happening or is likely to happen if—\nthe disaster, or the impact or likely impact of the disaster, poses an imminent serious risk to the life, health or safety of detainees or staff at a detention centre; and\nit is necessary to evacuate all or some of the detainees or staff from the detention centre to protect their lives, health or safety.\nAn area that is not currently flooded is predicted to be flooded in a number of days because of heavy rains falling in the area and flood waters flowing downstream to the area.\nA detention centre is also adversely affected by a disaster that has happened if—\nthe disaster or the impact of the disaster—\nhas caused widespread or severe loss of, or damage to, property at the detention centre; or\nhas caused widespread or severe damage to the environment in the area in which the detention centre is located; or\nposes a serious risk to the life, health or safety of detainees or staff at the detention centre; and\nbecause of the loss or damage, or risk, it is not possible, or likely not to be possible, for the chief executive to ensure—\nthe security and management of the detention centre; or\nthe safe custody and wellbeing of the detainees at the detention centre.\ns 301F ins 2023 No. 14 s 48\n(sec.301F-ssec.1) A detention centre is adversely affected by a disaster that has happened, is happening or is likely to happen if— the disaster, or the impact or likely impact of the disaster, poses an imminent serious risk to the life, health or safety of detainees or staff at a detention centre; and it is necessary to evacuate all or some of the detainees or staff from the detention centre to protect their lives, health or safety. An area that is not currently flooded is predicted to be flooded in a number of days because of heavy rains falling in the area and flood waters flowing downstream to the area.\n(sec.301F-ssec.2) A detention centre is also adversely affected by a disaster that has happened if— the disaster or the impact of the disaster— has caused widespread or severe loss of, or damage to, property at the detention centre; or has caused widespread or severe damage to the environment in the area in which the detention centre is located; or poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and because of the loss or damage, or risk, it is not possible, or likely not to be possible, for the chief executive to ensure— the security and management of the detention centre; or the safe custody and wellbeing of the detainees at the detention centre.\n- (a) the disaster, or the impact or likely impact of the disaster, poses an imminent serious risk to the life, health or safety of detainees or staff at a detention centre; and\n- (b) it is necessary to evacuate all or some of the detainees or staff from the detention centre to protect their lives, health or safety.\n- (a) the disaster or the impact of the disaster— (i) has caused widespread or severe loss of, or damage to, property at the detention centre; or (ii) has caused widespread or severe damage to the environment in the area in which the detention centre is located; or (iii) poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and\n- (i) has caused widespread or severe loss of, or damage to, property at the detention centre; or\n- (ii) has caused widespread or severe damage to the environment in the area in which the detention centre is located; or\n- (iii) poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and\n- (b) because of the loss or damage, or risk, it is not possible, or likely not to be possible, for the chief executive to ensure— (i) the security and management of the detention centre; or (ii) the safe custody and wellbeing of the detainees at the detention centre.\n- (i) the security and management of the detention centre; or\n- (ii) the safe custody and wellbeing of the detainees at the detention centre.\n- (i) has caused widespread or severe loss of, or damage to, property at the detention centre; or\n- (ii) has caused widespread or severe damage to the environment in the area in which the detention centre is located; or\n- (iii) poses a serious risk to the life, health or safety of detainees or staff at the detention centre; and\n- (i) the security and management of the detention centre; or\n- (ii) the safe custody and wellbeing of the detainees at the detention centre.","sortOrder":550},{"sectionNumber":"sec.301G","sectionType":"section","heading":"Temporary detention centre declaration","content":"### sec.301G Temporary detention centre declaration\n\nThis section applies if the chief executive is satisfied a detention centre is adversely affected.\nThe chief executive may, with the approval of the Minister and by signed writing, declare—\nthe detention centre to be a disaster-affected detention centre; and\n1 or more places selected under section 301H as a temporary detention centre for the disaster-affected detention centre.\nA declaration under subsection (2) must state the following—\nthe nature of the disaster;\nthe name of the detention centre;\nthe name and location of the place or places declared as a temporary detention centre;\nthe duration of the declaration.\nA declaration under subsection (2) is a temporary detention centre declaration .\ns 301G ins 2023 No. 14 s 48\n(sec.301G-ssec.1) This section applies if the chief executive is satisfied a detention centre is adversely affected.\n(sec.301G-ssec.2) The chief executive may, with the approval of the Minister and by signed writing, declare— the detention centre to be a disaster-affected detention centre; and 1 or more places selected under section 301H as a temporary detention centre for the disaster-affected detention centre.\n(sec.301G-ssec.3) A declaration under subsection (2) must state the following— the nature of the disaster; the name of the detention centre; the name and location of the place or places declared as a temporary detention centre; the duration of the declaration.\n(sec.301G-ssec.4) A declaration under subsection (2) is a temporary detention centre declaration .\n- (a) the detention centre to be a disaster-affected detention centre; and\n- (b) 1 or more places selected under section 301H as a temporary detention centre for the disaster-affected detention centre.\n- (a) the nature of the disaster;\n- (b) the name of the detention centre;\n- (c) the name and location of the place or places declared as a temporary detention centre;\n- (d) the duration of the declaration.","sortOrder":551},{"sectionNumber":"sec.301H","sectionType":"section","heading":"Place selected to be temporary detention centre","content":"### sec.301H Place selected to be temporary detention centre\n\nA place selected to be a temporary detention centre for a disaster-affected detention centre must be the place that, in the circumstances and in the chief executive’s opinion, is the most suitable place to be used as a temporary detention centre of the places available to be used for that purpose of which the chief executive is aware.\nIn forming an opinion about a place under subsection (1) , the chief executive must consider the following matters—\nthe nature of the disaster and its impact on the disaster-affected detention centre;\nhow urgently, and for how long, a place is likely to be required to be a temporary detention centre;\nthe number of children who are likely to be required to be detained in a temporary detention centre and the programs and services the children are likely to require;\nthe places that are available to be used as a temporary detention centre;\nfor each place available to be used as a temporary detention centre of which the chief executive is aware—\nthe purpose for which the place is ordinarily used; and\nthe uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and\nthe facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and\nthe purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and\nthe impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility\nthe impact of additional traffic and car parking requirements on road use in the same area\nthe impact of noise or outdoor security lighting on the use of other places in the same area\nthe extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and\nthe extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community.\nIn this section—\nplanning law means—\nthe Economic Development Act 2012 ; or\nthe Planning Act 2016 ; or\nthe State Development and Public Works Organisation Act 1971 .\ns 301H ins 2023 No. 14 s 48\n(sec.301H-ssec.1) A place selected to be a temporary detention centre for a disaster-affected detention centre must be the place that, in the circumstances and in the chief executive’s opinion, is the most suitable place to be used as a temporary detention centre of the places available to be used for that purpose of which the chief executive is aware.\n(sec.301H-ssec.2) In forming an opinion about a place under subsection (1) , the chief executive must consider the following matters— the nature of the disaster and its impact on the disaster-affected detention centre; how urgently, and for how long, a place is likely to be required to be a temporary detention centre; the number of children who are likely to be required to be detained in a temporary detention centre and the programs and services the children are likely to require; the places that are available to be used as a temporary detention centre; for each place available to be used as a temporary detention centre of which the chief executive is aware— the purpose for which the place is ordinarily used; and the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility the impact of additional traffic and car parking requirements on road use in the same area the impact of noise or outdoor security lighting on the use of other places in the same area the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community.\n(sec.301H-ssec.3) In this section— planning law means— the Economic Development Act 2012 ; or the Planning Act 2016 ; or the State Development and Public Works Organisation Act 1971 .\n- (a) the nature of the disaster and its impact on the disaster-affected detention centre;\n- (b) how urgently, and for how long, a place is likely to be required to be a temporary detention centre;\n- (c) the number of children who are likely to be required to be detained in a temporary detention centre and the programs and services the children are likely to require;\n- (d) the places that are available to be used as a temporary detention centre;\n- (e) for each place available to be used as a temporary detention centre of which the chief executive is aware— (i) the purpose for which the place is ordinarily used; and (ii) the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and (iii) the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and (iv) the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and Examples of the impact of the use of the place as a temporary detention centre on other places— • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility • the impact of additional traffic and car parking requirements on road use in the same area • the impact of noise or outdoor security lighting on the use of other places in the same area (v) the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and (vi) the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community.\n- (i) the purpose for which the place is ordinarily used; and\n- (ii) the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and\n- (iii) the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and\n- (iv) the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and Examples of the impact of the use of the place as a temporary detention centre on other places— • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility • the impact of additional traffic and car parking requirements on road use in the same area • the impact of noise or outdoor security lighting on the use of other places in the same area\n- • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility\n- • the impact of additional traffic and car parking requirements on road use in the same area\n- • the impact of noise or outdoor security lighting on the use of other places in the same area\n- (v) the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and\n- (vi) the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community.\n- (i) the purpose for which the place is ordinarily used; and\n- (ii) the uses of the place that are allowed under a planning law, including an instrument or approval, or condition imposed, under a planning law; and\n- (iii) the facilities available at the place to accommodate children who may be detained at the place, to provide programs and services to the children and to secure the place as a temporary detention centre; and\n- (iv) the purposes for which other places in the same area are ordinarily used and the impact that the use of the place as a temporary detention centre will have on the use of the other places; and Examples of the impact of the use of the place as a temporary detention centre on other places— • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility • the impact of additional traffic and car parking requirements on road use in the same area • the impact of noise or outdoor security lighting on the use of other places in the same area\n- • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility\n- • the impact of additional traffic and car parking requirements on road use in the same area\n- • the impact of noise or outdoor security lighting on the use of other places in the same area\n- (v) the extent to which the youth justice principles would be able to be complied with in relation to each child detained at the place; and\n- (vi) the extent to which the place is compatible with the human rights of the detainees, staff of the disaster-affected detention centre and individuals in the community.\n- • the impact on the use of other places in the same area for residential purposes, a school, child care centre or aged care facility\n- • the impact of additional traffic and car parking requirements on road use in the same area\n- • the impact of noise or outdoor security lighting on the use of other places in the same area\n- (a) the Economic Development Act 2012 ; or\n- (b) the Planning Act 2016 ; or\n- (c) the State Development and Public Works Organisation Act 1971 .","sortOrder":552},{"sectionNumber":"sec.301I","sectionType":"section","heading":"Notice of declaration","content":"### sec.301I Notice of declaration\n\nAs soon as practicable after a temporary detention centre declaration is made, the chief executive must—\npublish the declaration on the department’s website; and\npublish notice of the declaration in the gazette.\nHowever, if the declaration can not, for technical or other reasons, be conveniently published on the department’s website, it must be published—\nin another way decided by the chief executive; and\non the department’s website as soon as practicable.\nFailure to comply with subsection (1) (b) does not invalidate the declaration.\ns 301I ins 2023 No. 14 s 48\n(sec.301I-ssec.1) As soon as practicable after a temporary detention centre declaration is made, the chief executive must— publish the declaration on the department’s website; and publish notice of the declaration in the gazette.\n(sec.301I-ssec.2) However, if the declaration can not, for technical or other reasons, be conveniently published on the department’s website, it must be published— in another way decided by the chief executive; and on the department’s website as soon as practicable.\n(sec.301I-ssec.3) Failure to comply with subsection (1) (b) does not invalidate the declaration.\n- (a) publish the declaration on the department’s website; and\n- (b) publish notice of the declaration in the gazette.\n- (a) in another way decided by the chief executive; and\n- (b) on the department’s website as soon as practicable.","sortOrder":553},{"sectionNumber":"sec.301J","sectionType":"section","heading":"Duration of declaration","content":"### sec.301J Duration of declaration\n\nA temporary detention centre declaration takes effect when it is first published—\non the department’s website under section 301I (1) (a) ; or\nin another way decided by the chief executive under section 301I (2) (a) .\nThe declaration ends on the earliest of the following days—\nthe day the declaration is revoked under section 301L ;\nfor a declaration that is extended or further extended under section 301K —\nthe day that is 21 days after the day the declaration was made; or\notherwise—the day the extended or further extended period of the declaration ends;\nthe day that is 7 days after the day the declaration was made.\ns 301J ins 2023 No. 14 s 48\n(sec.301J-ssec.1) A temporary detention centre declaration takes effect when it is first published— on the department’s website under section 301I (1) (a) ; or in another way decided by the chief executive under section 301I (2) (a) .\n(sec.301J-ssec.2) The declaration ends on the earliest of the following days— the day the declaration is revoked under section 301L ; for a declaration that is extended or further extended under section 301K — the day that is 21 days after the day the declaration was made; or otherwise—the day the extended or further extended period of the declaration ends; the day that is 7 days after the day the declaration was made.\n- (a) on the department’s website under section 301I (1) (a) ; or\n- (b) in another way decided by the chief executive under section 301I (2) (a) .\n- (a) the day the declaration is revoked under section 301L ;\n- (b) for a declaration that is extended or further extended under section 301K — (i) the day that is 21 days after the day the declaration was made; or (ii) otherwise—the day the extended or further extended period of the declaration ends;\n- (i) the day that is 21 days after the day the declaration was made; or\n- (ii) otherwise—the day the extended or further extended period of the declaration ends;\n- (c) the day that is 7 days after the day the declaration was made.\n- (i) the day that is 21 days after the day the declaration was made; or\n- (ii) otherwise—the day the extended or further extended period of the declaration ends;","sortOrder":554},{"sectionNumber":"sec.301K","sectionType":"section","heading":"Extension or further extension of declaration","content":"### sec.301K Extension or further extension of declaration\n\nThis section applies if the chief executive is satisfied that a detention centre the subject of a temporary detention centre declaration continues to be adversely affected.\nThe chief executive may, with the approval of the Minister and by signed writing, extend, or further extend, the period of the temporary detention centre declaration by up to 7 days.\nThe total period of the declaration and any extension or further extension must not be more than 21 days.\nThe chief executive must publish an extension or further extension under subsection (2) on the department’s website as soon as practicable after it is made.\nHowever, if the extension or further extension can not, for technical or other reasons, be conveniently published on the department’s website, it must be published—\nin another way decided by the chief executive; and\non the department’s website as soon as practicable.\nThe extension or further extension takes effect when it is first published—\non the department’s website under subsection (4) ; or\nin another way decided by the chief executive under subsection (5) (a) .\ns 301K ins 2023 No. 14 s 48\n(sec.301K-ssec.1) This section applies if the chief executive is satisfied that a detention centre the subject of a temporary detention centre declaration continues to be adversely affected.\n(sec.301K-ssec.2) The chief executive may, with the approval of the Minister and by signed writing, extend, or further extend, the period of the temporary detention centre declaration by up to 7 days.\n(sec.301K-ssec.3) The total period of the declaration and any extension or further extension must not be more than 21 days.\n(sec.301K-ssec.4) The chief executive must publish an extension or further extension under subsection (2) on the department’s website as soon as practicable after it is made.\n(sec.301K-ssec.5) However, if the extension or further extension can not, for technical or other reasons, be conveniently published on the department’s website, it must be published— in another way decided by the chief executive; and on the department’s website as soon as practicable.\n(sec.301K-ssec.6) The extension or further extension takes effect when it is first published— on the department’s website under subsection (4) ; or in another way decided by the chief executive under subsection (5) (a) .\n- (a) in another way decided by the chief executive; and\n- (b) on the department’s website as soon as practicable.\n- (a) on the department’s website under subsection (4) ; or\n- (b) in another way decided by the chief executive under subsection (5) (a) .","sortOrder":555},{"sectionNumber":"sec.301L","sectionType":"section","heading":"Revoking declaration—detention centre no longer adversely affected","content":"### sec.301L Revoking declaration—detention centre no longer adversely affected\n\nThe chief executive must revoke a temporary detention centre declaration for a disaster-affected detention centre if the chief executive is satisfied—\nthe detention centre is no longer adversely affected; and\nthe place declared as a temporary detention centre is no longer needed for the detention of children who would otherwise be detained at the disaster-affected detention centre.\ns 301L ins 2023 No. 14 s 48\n- (a) the detention centre is no longer adversely affected; and\n- (b) the place declared as a temporary detention centre is no longer needed for the detention of children who would otherwise be detained at the disaster-affected detention centre.","sortOrder":556},{"sectionNumber":"sec.301M","sectionType":"section","heading":"Revoking declaration—more suitable place to be temporary detention centre","content":"### sec.301M Revoking declaration—more suitable place to be temporary detention centre\n\nThis section applies if—\na temporary detention centre declaration declares a place as a temporary detention centre for a disaster-affected detention centre; and\nthe chief executive is satisfied—\nthe detention centre continues to be adversely affected; and\nanother place selected under section 301H is more suitable to be a temporary detention centre than the place declared under the declaration.\nThe chief executive may—\nrevoke the temporary detention centre declaration; and\nmake a temporary detention centre declaration under section 301G in relation to another place selected under section 301H .\ns 301M ins 2023 No. 14 s 48\n(sec.301M-ssec.1) This section applies if— a temporary detention centre declaration declares a place as a temporary detention centre for a disaster-affected detention centre; and the chief executive is satisfied— the detention centre continues to be adversely affected; and another place selected under section 301H is more suitable to be a temporary detention centre than the place declared under the declaration.\n(sec.301M-ssec.2) The chief executive may— revoke the temporary detention centre declaration; and make a temporary detention centre declaration under section 301G in relation to another place selected under section 301H .\n- (a) a temporary detention centre declaration declares a place as a temporary detention centre for a disaster-affected detention centre; and\n- (b) the chief executive is satisfied— (i) the detention centre continues to be adversely affected; and (ii) another place selected under section 301H is more suitable to be a temporary detention centre than the place declared under the declaration.\n- (i) the detention centre continues to be adversely affected; and\n- (ii) another place selected under section 301H is more suitable to be a temporary detention centre than the place declared under the declaration.\n- (i) the detention centre continues to be adversely affected; and\n- (ii) another place selected under section 301H is more suitable to be a temporary detention centre than the place declared under the declaration.\n- (a) revoke the temporary detention centre declaration; and\n- (b) make a temporary detention centre declaration under section 301G in relation to another place selected under section 301H .","sortOrder":557},{"sectionNumber":"sec.301N","sectionType":"section","heading":"Regulation may declare disaster-affected detention centre and place to be temporary detention centre","content":"### sec.301N Regulation may declare disaster-affected detention centre and place to be temporary detention centre\n\nA regulation may declare—\na detention centre to be a disaster-affected detention centre; and\n1 or more places as a temporary detention centre for the disaster-affected detention centre.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) only if the Minister is satisfied—\nthe detention centre is adversely affected by a disaster that has happened; and\na place being declared as a temporary detention centre has been selected under section 301H .\nA regulation made under subsection (1) must state when the declaration ends.\ns 301N ins 2023 No. 14 s 48\n(sec.301N-ssec.1) A regulation may declare— a detention centre to be a disaster-affected detention centre; and 1 or more places as a temporary detention centre for the disaster-affected detention centre.\n(sec.301N-ssec.2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) only if the Minister is satisfied— the detention centre is adversely affected by a disaster that has happened; and a place being declared as a temporary detention centre has been selected under section 301H .\n(sec.301N-ssec.3) A regulation made under subsection (1) must state when the declaration ends.\n- (a) a detention centre to be a disaster-affected detention centre; and\n- (b) 1 or more places as a temporary detention centre for the disaster-affected detention centre.\n- (a) the detention centre is adversely affected by a disaster that has happened; and\n- (b) a place being declared as a temporary detention centre has been selected under section 301H .","sortOrder":558},{"sectionNumber":"sec.301O","sectionType":"section","heading":"Minister must recommend making of regulation declaring another place as temporary detention centre","content":"### sec.301O Minister must recommend making of regulation declaring another place as temporary detention centre\n\nThis section applies if—\na regulation made under section 301N declares a place to be a temporary detention centre for a disaster-affected detention centre; and\nthe Minister is satisfied—\nthe disaster-affected detention centre continues to be adversely affected; and\nanother place selected under section 301H is more suitable to be a temporary detention centre than the place declared by the regulation; and\nit is appropriate in the circumstances to relocate the temporary detention centre to a temporary detention centre at the other place.\nThe Minister must recommend to the Governor in Council the making of—\na regulation to end the declaration of the place as a temporary detention centre; and\nanother regulation under section 301N in relation to the more suitable place.\ns 301O ins 2023 No. 14 s 48\n(sec.301O-ssec.1) This section applies if— a regulation made under section 301N declares a place to be a temporary detention centre for a disaster-affected detention centre; and the Minister is satisfied— the disaster-affected detention centre continues to be adversely affected; and another place selected under section 301H is more suitable to be a temporary detention centre than the place declared by the regulation; and it is appropriate in the circumstances to relocate the temporary detention centre to a temporary detention centre at the other place.\n(sec.301O-ssec.2) The Minister must recommend to the Governor in Council the making of— a regulation to end the declaration of the place as a temporary detention centre; and another regulation under section 301N in relation to the more suitable place.\n- (a) a regulation made under section 301N declares a place to be a temporary detention centre for a disaster-affected detention centre; and\n- (b) the Minister is satisfied— (i) the disaster-affected detention centre continues to be adversely affected; and (ii) another place selected under section 301H is more suitable to be a temporary detention centre than the place declared by the regulation; and (iii) it is appropriate in the circumstances to relocate the temporary detention centre to a temporary detention centre at the other place.\n- (i) the disaster-affected detention centre continues to be adversely affected; and\n- (ii) another place selected under section 301H is more suitable to be a temporary detention centre than the place declared by the regulation; and\n- (iii) it is appropriate in the circumstances to relocate the temporary detention centre to a temporary detention centre at the other place.\n- (i) the disaster-affected detention centre continues to be adversely affected; and\n- (ii) another place selected under section 301H is more suitable to be a temporary detention centre than the place declared by the regulation; and\n- (iii) it is appropriate in the circumstances to relocate the temporary detention centre to a temporary detention centre at the other place.\n- (a) a regulation to end the declaration of the place as a temporary detention centre; and\n- (b) another regulation under section 301N in relation to the more suitable place.","sortOrder":559},{"sectionNumber":"sec.301P","sectionType":"section","heading":"Minister must recommend making of regulation to end declaration","content":"### sec.301P Minister must recommend making of regulation to end declaration\n\nThis section applies if—\na regulation made under section 301N declares a place to be a temporary detention centre for a disaster-affected detention centre; and\nthe Minister is satisfied—\nthe disaster-affected detention centre is no longer adversely affected; and\nthe place is no longer needed for the detention of children who would have otherwise been detained at the detention centre.\nThe Minister must recommend to the Governor in Council the making of a regulation to end the declaration of the place as a temporary detention centre.\ns 301P ins 2023 No. 14 s 48\n(sec.301P-ssec.1) This section applies if— a regulation made under section 301N declares a place to be a temporary detention centre for a disaster-affected detention centre; and the Minister is satisfied— the disaster-affected detention centre is no longer adversely affected; and the place is no longer needed for the detention of children who would have otherwise been detained at the detention centre.\n(sec.301P-ssec.2) The Minister must recommend to the Governor in Council the making of a regulation to end the declaration of the place as a temporary detention centre.\n- (a) a regulation made under section 301N declares a place to be a temporary detention centre for a disaster-affected detention centre; and\n- (b) the Minister is satisfied— (i) the disaster-affected detention centre is no longer adversely affected; and (ii) the place is no longer needed for the detention of children who would have otherwise been detained at the detention centre.\n- (i) the disaster-affected detention centre is no longer adversely affected; and\n- (ii) the place is no longer needed for the detention of children who would have otherwise been detained at the detention centre.\n- (i) the disaster-affected detention centre is no longer adversely affected; and\n- (ii) the place is no longer needed for the detention of children who would have otherwise been detained at the detention centre.","sortOrder":560},{"sectionNumber":"sec.301Q","sectionType":"section","heading":"Effect of declaration","content":"### sec.301Q Effect of declaration\n\nFor this Act, a temporary detention centre is taken to be—\nfor a declaration under a temporary detention centre declaration—the disaster-affected detention centre in relation to which the declaration was made; or\nfor a declaration under a regulation—the disaster-affected detention centre stated in the regulation.\nWithout limiting subsection (1) , a child who would otherwise be detained at the disaster-affected detention centre may be detained at the temporary detention centre without the chief executive—\nmaking a decision or direction under section 265 ; or\nbeing given a document mentioned in section 266 (2) .\nThe chief executive must carry out the chief executive’s responsibilities mentioned in sections 263 and 302 in relation to the temporary detention centre to the greatest extent practicable in the circumstances.\ns 301Q ins 2023 No. 14 s 48\n(sec.301Q-ssec.1) For this Act, a temporary detention centre is taken to be— for a declaration under a temporary detention centre declaration—the disaster-affected detention centre in relation to which the declaration was made; or for a declaration under a regulation—the disaster-affected detention centre stated in the regulation.\n(sec.301Q-ssec.2) Without limiting subsection (1) , a child who would otherwise be detained at the disaster-affected detention centre may be detained at the temporary detention centre without the chief executive— making a decision or direction under section 265 ; or being given a document mentioned in section 266 (2) .\n(sec.301Q-ssec.3) The chief executive must carry out the chief executive’s responsibilities mentioned in sections 263 and 302 in relation to the temporary detention centre to the greatest extent practicable in the circumstances.\n- (a) for a declaration under a temporary detention centre declaration—the disaster-affected detention centre in relation to which the declaration was made; or\n- (b) for a declaration under a regulation—the disaster-affected detention centre stated in the regulation.\n- (a) making a decision or direction under section 265 ; or\n- (b) being given a document mentioned in section 266 (2) .","sortOrder":561},{"sectionNumber":"sec.301R","sectionType":"section","heading":"Review of suitability of place to be temporary detention centre","content":"### sec.301R Review of suitability of place to be temporary detention centre\n\nThis section applies if a place is declared to be a temporary detention centre for a disaster-affected detention centre.\nThe chief executive must regularly review—\nwhether the disaster-affected detention centre continues to be adversely affected; and\nwhether the place continues to be needed for the detention of children who otherwise would have been detained at the disaster-affected detention centre; and\nwhether, considering the matters mentioned in section 301H —\nthe place is the most suitable place to be a temporary detention centre; or\nthere is another place that is more suitable to be a temporary detention centre.\ns 301R ins 2023 No. 14 s 48\n(sec.301R-ssec.1) This section applies if a place is declared to be a temporary detention centre for a disaster-affected detention centre.\n(sec.301R-ssec.2) The chief executive must regularly review— whether the disaster-affected detention centre continues to be adversely affected; and whether the place continues to be needed for the detention of children who otherwise would have been detained at the disaster-affected detention centre; and whether, considering the matters mentioned in section 301H — the place is the most suitable place to be a temporary detention centre; or there is another place that is more suitable to be a temporary detention centre.\n- (a) whether the disaster-affected detention centre continues to be adversely affected; and\n- (b) whether the place continues to be needed for the detention of children who otherwise would have been detained at the disaster-affected detention centre; and\n- (c) whether, considering the matters mentioned in section 301H — (i) the place is the most suitable place to be a temporary detention centre; or (ii) there is another place that is more suitable to be a temporary detention centre.\n- (i) the place is the most suitable place to be a temporary detention centre; or\n- (ii) there is another place that is more suitable to be a temporary detention centre.\n- (i) the place is the most suitable place to be a temporary detention centre; or\n- (ii) there is another place that is more suitable to be a temporary detention centre.","sortOrder":562},{"sectionNumber":"sec.301S","sectionType":"section","heading":"Particular entities to be notified about declaration","content":"### sec.301S Particular entities to be notified about declaration\n\nThis section applies if either of the following events (each a declaration event ) happens—\na temporary detention centre declaration is made, or is extended or further extended under section 301K ; or\na regulation is made under section 301N .\nAs soon as practicable after the declaration event happens, the chief executive must give a notice about the declaration event to each of the following entities—\nthe chief executive of the department that is mainly responsible for any of the following matters—\nchild protection services;\ncourt services;\neducation;\nhealth;\nplanning;\nthe chief executive officer of the local government for the local government area in which the temporary detention centre the subject of the declaration or regulation is located;\nthe chief psychiatrist under the Mental Health Act 2016 ;\nthe commissioner of the police service;\nthe Queensland Family and Child Commission under the Family and Child Commission Act 2014 ;\nthe director of public prosecutions;\nthe human rights commissioner;\nthe inspector of detention services;\nthe following judicial officers—\nthe Chief Justice of Queensland;\nthe Chief Judge of the District Court of Queensland;\nthe Chief Magistrate;\nthe president of the Childrens Court;\nthe ombudsman;\nthe public guardian;\nthe following legal entities—\nthe Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd ACN 116 314 562;\nthe Bar Association of Queensland ACN 009 717 739;\nLegal Aid Queensland;\nthe Queensland Law Society.\nSee the Legal Profession Act 2007 , section 679 (2) .\ns 301S ins 2023 No. 14 s 48\namd 2024 No. 45 s 130A\n(sec.301S-ssec.1) This section applies if either of the following events (each a declaration event ) happens— a temporary detention centre declaration is made, or is extended or further extended under section 301K ; or a regulation is made under section 301N .\n(sec.301S-ssec.2) As soon as practicable after the declaration event happens, the chief executive must give a notice about the declaration event to each of the following entities— the chief executive of the department that is mainly responsible for any of the following matters— child protection services; court services; education; health; planning; the chief executive officer of the local government for the local government area in which the temporary detention centre the subject of the declaration or regulation is located; the chief psychiatrist under the Mental Health Act 2016 ; the commissioner of the police service; the Queensland Family and Child Commission under the Family and Child Commission Act 2014 ; the director of public prosecutions; the human rights commissioner; the inspector of detention services; the following judicial officers— the Chief Justice of Queensland; the Chief Judge of the District Court of Queensland; the Chief Magistrate; the president of the Childrens Court; the ombudsman; the public guardian; the following legal entities— the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd ACN 116 314 562; the Bar Association of Queensland ACN 009 717 739; Legal Aid Queensland; the Queensland Law Society. See the Legal Profession Act 2007 , section 679 (2) .\n- (a) a temporary detention centre declaration is made, or is extended or further extended under section 301K ; or\n- (b) a regulation is made under section 301N .\n- (a) the chief executive of the department that is mainly responsible for any of the following matters— (i) child protection services; (ii) court services; (iii) education; (iv) health; (v) planning;\n- (i) child protection services;\n- (ii) court services;\n- (iii) education;\n- (iv) health;\n- (v) planning;\n- (b) the chief executive officer of the local government for the local government area in which the temporary detention centre the subject of the declaration or regulation is located;\n- (c) the chief psychiatrist under the Mental Health Act 2016 ;\n- (d) the commissioner of the police service;\n- (e) the Queensland Family and Child Commission under the Family and Child Commission Act 2014 ;\n- (f) the director of public prosecutions;\n- (g) the human rights commissioner;\n- (h) the inspector of detention services;\n- (i) the following judicial officers— (i) the Chief Justice of Queensland; (ii) the Chief Judge of the District Court of Queensland; (iii) the Chief Magistrate; (iv) the president of the Childrens Court;\n- (i) the Chief Justice of Queensland;\n- (ii) the Chief Judge of the District Court of Queensland;\n- (iii) the Chief Magistrate;\n- (iv) the president of the Childrens Court;\n- (j) the ombudsman;\n- (k) the public guardian;\n- (l) the following legal entities— (i) the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd ACN 116 314 562; (ii) the Bar Association of Queensland ACN 009 717 739; (iii) Legal Aid Queensland; (iv) the Queensland Law Society. Note— See the Legal Profession Act 2007 , section 679 (2) .\n- (i) the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd ACN 116 314 562;\n- (ii) the Bar Association of Queensland ACN 009 717 739;\n- (iii) Legal Aid Queensland;\n- (iv) the Queensland Law Society. Note— See the Legal Profession Act 2007 , section 679 (2) .\n- (i) child protection services;\n- (ii) court services;\n- (iii) education;\n- (iv) health;\n- (v) planning;\n- (i) the Chief Justice of Queensland;\n- (ii) the Chief Judge of the District Court of Queensland;\n- (iii) the Chief Magistrate;\n- (iv) the president of the Childrens Court;\n- (i) the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd ACN 116 314 562;\n- (ii) the Bar Association of Queensland ACN 009 717 739;\n- (iii) Legal Aid Queensland;\n- (iv) the Queensland Law Society. Note— See the Legal Profession Act 2007 , section 679 (2) .","sortOrder":563},{"sectionNumber":"pt.10","sectionType":"part","heading":"General","content":"# General","sortOrder":564},{"sectionNumber":"sec.302","sectionType":"section","heading":"Programs and services for children","content":"### sec.302 Programs and services for children\n\nThe chief executive must establish—\nprograms and services necessary to give effect to any order or direction under this Act; and\nprograms and services to support, help, and reintegrate into the community children who have committed offences.\nWithout limiting subsection (1) , the chief executive must decide the activities that are to comprise community service for every community service order.\nThe chief executive may establish any other programs and services for children who have committed offences.\nThe chief executive must monitor the operation of each program and service to ensure it achieves the purpose for which it was established in a way that complies with the youth justice principles.\nThe chief executive may exercise a power under subsection (1) or (2) in or outside Queensland or Australia.\ns 302 (prev s 224A) ins 1996 No. 22 s 81\namd 1998 No. 39 s 59 ; 2002 No. 39 s 110 (1)\nrenum 2002 No. 39 s 110 (2)\namd 2009 No. 34 s 45 (3) sch pt 3 amdt 38\n(sec.302-ssec.1) The chief executive must establish— programs and services necessary to give effect to any order or direction under this Act; and programs and services to support, help, and reintegrate into the community children who have committed offences.\n(sec.302-ssec.2) Without limiting subsection (1) , the chief executive must decide the activities that are to comprise community service for every community service order.\n(sec.302-ssec.3) The chief executive may establish any other programs and services for children who have committed offences.\n(sec.302-ssec.4) The chief executive must monitor the operation of each program and service to ensure it achieves the purpose for which it was established in a way that complies with the youth justice principles.\n(sec.302-ssec.5) The chief executive may exercise a power under subsection (1) or (2) in or outside Queensland or Australia.\n- (a) programs and services necessary to give effect to any order or direction under this Act; and\n- (b) programs and services to support, help, and reintegrate into the community children who have committed offences.","sortOrder":565},{"sectionNumber":"sec.302A","sectionType":"section","heading":"Chief executive may seek contact information for victims of offences","content":"### sec.302A Chief executive may seek contact information for victims of offences\n\nThe chief executive may, by written notice given to the scheme manager, require the scheme manager to give the chief executive contact information for victims of an offence committed by a child.\nHowever, a requirement under subsection (1) only applies for a victim if the victim consents to his or her contact information being given to the chief executive.\nIn this section—\nscheme manager means the scheme manager under the Victims of Crime Assistance Act 2009 , schedule 3 .\ns 302A ins 2016 No. 39 s 34\n(sec.302A-ssec.1) The chief executive may, by written notice given to the scheme manager, require the scheme manager to give the chief executive contact information for victims of an offence committed by a child.\n(sec.302A-ssec.2) However, a requirement under subsection (1) only applies for a victim if the victim consents to his or her contact information being given to the chief executive.\n(sec.302A-ssec.3) In this section— scheme manager means the scheme manager under the Victims of Crime Assistance Act 2009 , schedule 3 .","sortOrder":566},{"sectionNumber":"sec.303","sectionType":"section","heading":"Chief executive must collect and keep information","content":"### sec.303 Chief executive must collect and keep information\n\nThe chief executive must—\ncollect the information prescribed under a regulation about children dealt with under this Act; and\nkeep the information for the time prescribed under a regulation.\nA regulation may also provide for requirements about giving reports about the information or publishing the information.\nSubsection (2) applies subject to section 301 .\ns 303 ins 2002 No. 39 s 111\namd 2014 No. 9 s 23 ; 2016 No. 38 s 53\n(sec.303-ssec.1) The chief executive must— collect the information prescribed under a regulation about children dealt with under this Act; and keep the information for the time prescribed under a regulation.\n(sec.303-ssec.2) A regulation may also provide for requirements about giving reports about the information or publishing the information.\n(sec.303-ssec.3) Subsection (2) applies subject to section 301 .\n- (a) collect the information prescribed under a regulation about children dealt with under this Act; and\n- (b) keep the information for the time prescribed under a regulation.","sortOrder":567},{"sectionNumber":"sec.304","sectionType":"section","heading":"Police may help in keeping child in custody","content":"### sec.304 Police may help in keeping child in custody\n\nNothing in this Act stops the commissioner of the police service entering into arrangements with the chief executive under which the commissioner holds a child in custody for the chief executive.\ns 304 ins 1996 No. 22 s 81\namd 1998 No. 39 s 60","sortOrder":568},{"sectionNumber":"sec.305","sectionType":"section","heading":"Parent entitled to know of whereabouts of child in custody","content":"### sec.305 Parent entitled to know of whereabouts of child in custody\n\nA parent of a child who is being held in custody on being arrested for an offence, or on an order made under this Act, may request the chief executive to inform the parent of the whereabouts of the child.\nThe chief executive on request must give the information to the parent if the child is in the chief executive’s custody, or the chief executive knows where the child is.\ns 305 amd 1996 No. 22 s 82 ; 1998 No. 39 s 61\n(sec.305-ssec.1) A parent of a child who is being held in custody on being arrested for an offence, or on an order made under this Act, may request the chief executive to inform the parent of the whereabouts of the child.\n(sec.305-ssec.2) The chief executive on request must give the information to the parent if the child is in the chief executive’s custody, or the chief executive knows where the child is.","sortOrder":569},{"sectionNumber":"sec.305A","sectionType":"section","heading":"Ongoing obligation to report harm to children in former boot camp centres","content":"### sec.305A Ongoing obligation to report harm to children in former boot camp centres\n\nIf a former boot camp centre employee is or becomes aware, or reasonably suspects, that a child has suffered harm while participating in the residential phase for a former boot camp program, the former boot camp centre employee must immediately, unless the former boot camp centre employee has a reasonable excuse, report the harm or suspected harm to the chief executive.\nMaximum penalty—20 penalty units.\nIt is immaterial how the harm was caused.\nIt is a reasonable excuse, for the former boot camp centre employee not to report the harm or suspected harm, that reporting of the harm or suspected harm might tend to incriminate the employee.\nSubsection (1) does not apply if the former boot camp centre employee knows or reasonably considers that the chief executive is aware of the harm or suspected harm.\nIn this section—\nboot camp program means a program approved as a boot camp program under repealed section 226E as in force from time to time before the commencement.\nformer boot camp centre means a place that was operated by a former boot camp centre provider from which services and facilities necessary for the residential phase for a boot camp program were provided.\nformer boot camp centre employee means a person who was employed at a former boot camp centre.\nformer boot camp centre provider means a person who was approved under repealed section 282A , as in force from time to time before the commencement, as a boot camp centre provider.\nharm , to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.\nresidential phase , for a boot camp program, means the 1 month placement mentioned in repealed section 226E (3) (a) as in force from time to time before the commencement.\ns 305A ins 2016 No. 38 s 54\n(sec.305A-ssec.1) If a former boot camp centre employee is or becomes aware, or reasonably suspects, that a child has suffered harm while participating in the residential phase for a former boot camp program, the former boot camp centre employee must immediately, unless the former boot camp centre employee has a reasonable excuse, report the harm or suspected harm to the chief executive. Maximum penalty—20 penalty units.\n(sec.305A-ssec.2) It is immaterial how the harm was caused.\n(sec.305A-ssec.3) It is a reasonable excuse, for the former boot camp centre employee not to report the harm or suspected harm, that reporting of the harm or suspected harm might tend to incriminate the employee.\n(sec.305A-ssec.4) Subsection (1) does not apply if the former boot camp centre employee knows or reasonably considers that the chief executive is aware of the harm or suspected harm.\n(sec.305A-ssec.5) In this section— boot camp program means a program approved as a boot camp program under repealed section 226E as in force from time to time before the commencement. former boot camp centre means a place that was operated by a former boot camp centre provider from which services and facilities necessary for the residential phase for a boot camp program were provided. former boot camp centre employee means a person who was employed at a former boot camp centre. former boot camp centre provider means a person who was approved under repealed section 282A , as in force from time to time before the commencement, as a boot camp centre provider. harm , to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing. residential phase , for a boot camp program, means the 1 month placement mentioned in repealed section 226E (3) (a) as in force from time to time before the commencement.","sortOrder":570},{"sectionNumber":"sec.305B","sectionType":"section","heading":"Complaint about boot camp programs","content":"### sec.305B Complaint about boot camp programs\n\nA child or a parent of a child who participated in a boot camp program may complain about a matter that affects the child.\nThe chief executive must issue written instructions on how a complaint may be made and dealt with, which may include that the complaint must be made to a child advocacy officer or other appropriate authority.\nDespite subsection (2) , a child is entitled to complain directly to a child advocacy officer.\nThe chief executive need not deal with a complaint that the chief executive reasonably believes to be trivial or made only to cause annoyance.\nThe chief executive must tell the person who made the complaint under subsection (1) , how the complaint will be dealt with.\nThe chief executive is taken to have complied with subsection (2) if the chief executive issued written instructions under repealed section 282J as in force immediately before the commencement.\nIn this section—\nboot camp program see section 305A (5) .\ns 305B ins 2016 No. 38 s 54\n(sec.305B-ssec.1) A child or a parent of a child who participated in a boot camp program may complain about a matter that affects the child.\n(sec.305B-ssec.2) The chief executive must issue written instructions on how a complaint may be made and dealt with, which may include that the complaint must be made to a child advocacy officer or other appropriate authority.\n(sec.305B-ssec.3) Despite subsection (2) , a child is entitled to complain directly to a child advocacy officer.\n(sec.305B-ssec.4) The chief executive need not deal with a complaint that the chief executive reasonably believes to be trivial or made only to cause annoyance.\n(sec.305B-ssec.5) The chief executive must tell the person who made the complaint under subsection (1) , how the complaint will be dealt with.\n(sec.305B-ssec.6) The chief executive is taken to have complied with subsection (2) if the chief executive issued written instructions under repealed section 282J as in force immediately before the commencement.\n(sec.305B-ssec.7) In this section— boot camp program see section 305A (5) .","sortOrder":571},{"sectionNumber":"sec.306","sectionType":"section","heading":"Approved forms","content":"### sec.306 Approved forms\n\nThe chief executive may approve forms for use under this Act.\ns 306 sub 1996 No. 22 s 83 ; 1998 No. 39 s 63","sortOrder":572},{"sectionNumber":"sec.307","sectionType":"section","heading":"Evidence","content":"### sec.307 Evidence\n\nThis section applies to any proceeding.\nIt is unnecessary to prove the appointment of a department’s chief executive, a public service officer, a community visitor (child), child advocacy officer or anyone appointed under this Act.\nIt is not necessary to prove the authority of any person to take any action under this Act.\nSubsection (2) or (3) does not apply if a party to the proceeding, by reasonable notice, requires the appointment or authority to be proved.\nThis section does not affect a person’s right to adduce evidence to disprove the appointment or authority.\ns 307 amd 1996 No. 22 s 84 ; 1998 No. 39 s 64 ; 2000 No. 60 s 175 sch 3 ; 2014 No. 26 s 287\n(sec.307-ssec.1) This section applies to any proceeding.\n(sec.307-ssec.2) It is unnecessary to prove the appointment of a department’s chief executive, a public service officer, a community visitor (child), child advocacy officer or anyone appointed under this Act.\n(sec.307-ssec.3) It is not necessary to prove the authority of any person to take any action under this Act.\n(sec.307-ssec.4) Subsection (2) or (3) does not apply if a party to the proceeding, by reasonable notice, requires the appointment or authority to be proved.\n(sec.307-ssec.5) This section does not affect a person’s right to adduce evidence to disprove the appointment or authority.","sortOrder":573},{"sectionNumber":"sec.308","sectionType":"section","heading":"Proceeding for offence","content":"### sec.308 Proceeding for offence\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nIn a proceeding for an offence against this Act, a police officer or a public service officer may appear for the prosecution even though not a complainant or arresting officer.\nA reference in this Act to a lawyer acting for a party includes anyone appearing for the prosecution under subsection (2) .\ns 308 amd 1996 No. 22 s 85 ; 1998 No. 39 s 65 ; 2004 No. 11 s 596 sch 1\n(sec.308-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.308-ssec.2) In a proceeding for an offence against this Act, a police officer or a public service officer may appear for the prosecution even though not a complainant or arresting officer.\n(sec.308-ssec.3) A reference in this Act to a lawyer acting for a party includes anyone appearing for the prosecution under subsection (2) .","sortOrder":574},{"sectionNumber":"sec.309","sectionType":"section","heading":"Extension of time for payment of amounts","content":"### sec.309 Extension of time for payment of amounts\n\nThe proper officer of a court by which a person is ordered to pay an amount under this Act by way of fine, restitution or compensation on application in writing made by any party to the proceeding in which the order was made may extend the period in which the person is required to pay the amount subject to conditions if any that the proper officer considers just.","sortOrder":575},{"sectionNumber":"sec.310","sectionType":"section","heading":"Enforcement of child payments","content":"### sec.310 Enforcement of child payments\n\nIf an order is made by a court under this Act requiring a child to pay to the State or to any person an amount of money by way of fine, restitution or compensation—\nthe amount ordered to be paid constitutes a debt owing to the State or other person by the child; and\nthe order may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 ; and\non being so filed, the order is taken to be an order properly made by the Magistrates Court under that Act and may be enforced as an order so made.\n- (a) the amount ordered to be paid constitutes a debt owing to the State or other person by the child; and\n- (b) the order may be filed in the registry of a Magistrates Court under the Magistrates Courts Act 1921 ; and\n- (c) on being so filed, the order is taken to be an order properly made by the Magistrates Court under that Act and may be enforced as an order so made.","sortOrder":576},{"sectionNumber":"sec.311","sectionType":"section","heading":"Enforcement of sentence by calendar","content":"### sec.311 Enforcement of sentence by calendar\n\nDespite a provision of this Act requiring a court to issue or order the issue of a warrant to have a child taken into custody and delivered to a detention centre to serve a period of detention, the court need not act under the provision if a calendar or other document of the registrar or other official of the court has the same effect.","sortOrder":577},{"sectionNumber":"sec.312","sectionType":"section","heading":"Delegation","content":"### sec.312 Delegation\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\ns 312 ins 1998 No. 39 s 66\namd 2023 No. 14 s 49","sortOrder":578},{"sectionNumber":"sec.313","sectionType":"section","heading":"Delegation of powers by proper officer","content":"### sec.313 Delegation of powers by proper officer\n\nA proper officer may delegate the proper officer’s powers under this Act to a public service officer mentioned in subsection (2) if the public service officer is a justice.\nIf the proper officer is—\nthe registrar, sheriff or deputy sheriff—the powers may be delegated to a public service officer employed in the registry of the court concerned; or\nthe clerk of the court—the powers may be delegated to a public service officer employed in the registry of the court concerned.\ns 313 ins 1998 No. 39 s 66\namd 2008 No. 59 s 139 sch\n(sec.313-ssec.1) A proper officer may delegate the proper officer’s powers under this Act to a public service officer mentioned in subsection (2) if the public service officer is a justice.\n(sec.313-ssec.2) If the proper officer is— the registrar, sheriff or deputy sheriff—the powers may be delegated to a public service officer employed in the registry of the court concerned; or the clerk of the court—the powers may be delegated to a public service officer employed in the registry of the court concerned.\n- (a) the registrar, sheriff or deputy sheriff—the powers may be delegated to a public service officer employed in the registry of the court concerned; or\n- (b) the clerk of the court—the powers may be delegated to a public service officer employed in the registry of the court concerned.","sortOrder":579},{"sectionNumber":"sec.313A","sectionType":"section","heading":"Review of particular matters","content":"### sec.313A Review of particular matters\n\nThe Minister must review the operation of sections 263A and 263B to the extent the sections relate to the use of body-worn cameras by detention centre employees.\nIn carrying out the review, the Minister must consider the effect of the use of body-worn cameras by detention centre employees on the privacy of children detained in detention centres.\nThe review must be completed as soon as practicable after the day that is 2 years after the commencement.\ns 313A ins 2019 No. 23 s 5A\n(sec.313A-ssec.1) The Minister must review the operation of sections 263A and 263B to the extent the sections relate to the use of body-worn cameras by detention centre employees.\n(sec.313A-ssec.2) In carrying out the review, the Minister must consider the effect of the use of body-worn cameras by detention centre employees on the privacy of children detained in detention centres.\n(sec.313A-ssec.3) The review must be completed as soon as practicable after the day that is 2 years after the commencement.","sortOrder":580},{"sectionNumber":"sec.314","sectionType":"section","heading":"Regulations","content":"### sec.314 Regulations\n\nThe Governor in Council may make regulations for the purpose of this Act.\nWithout limiting the power conferred by subsection (1) , the Governor in Council may make regulations in relation to the matters set out in schedule 2 .\ns 314 amd 2000 No. 60 s 175 sch 3 ; 2002 No. 39 s 113\n(sec.314-ssec.1) The Governor in Council may make regulations for the purpose of this Act.\n(sec.314-ssec.2) Without limiting the power conferred by subsection (1) , the Governor in Council may make regulations in relation to the matters set out in schedule 2 .","sortOrder":581},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":582},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Transitional provision for Juvenile Justice Legislation Amendment Act 1996","content":"## Transitional provision for Juvenile Justice Legislation Amendment Act 1996","sortOrder":583},{"sectionNumber":"sec.315","sectionType":"section","heading":"Application of Act to matters before Juvenile Justice Legislation Amendment Act 1996","content":"### sec.315 Application of Act to matters before Juvenile Justice Legislation Amendment Act 1996\n\nThis Act as amended by a provision of the amendment Act applies to an offence committed, and proceeding started, before the commencement of the provision.\nHowever—\na person can not be sentenced more severely for an offence committed before the commencement of a provision of the amendment Act than would have been the case if the provision had not been enacted; and\na caution administered before the commencement of section 18N or 18O can not be disclosed to a court or anyone after the commencement of the section if the disclosure could not have been made if the section had not been enacted.\na parent of a child can not be ordered under section 259 to pay compensation for an offence committed by the child before the commencement of section 63 of the amendment Act that the parent could not have been ordered to pay before the commencement.\nSections 18N and 18O commenced on 15 August 1996 and were repealed by the Juvenile Justice Amendment Act 2002 .\nSubsection (2)(a) is about punishment level and does not stop a court making orders against anyone of a type or number only available because of the amendment Act.\nIn this section—\namendment Act means the Juvenile Justice Legislation Amendment Act 1996 .\ns 315 ins 1996 No. 22 s 86\namd 2002 No. 39 s 114\n(sec.315-ssec.1) This Act as amended by a provision of the amendment Act applies to an offence committed, and proceeding started, before the commencement of the provision.\n(sec.315-ssec.2) However— a person can not be sentenced more severely for an offence committed before the commencement of a provision of the amendment Act than would have been the case if the provision had not been enacted; and a caution administered before the commencement of section 18N or 18O can not be disclosed to a court or anyone after the commencement of the section if the disclosure could not have been made if the section had not been enacted. a parent of a child can not be ordered under section 259 to pay compensation for an offence committed by the child before the commencement of section 63 of the amendment Act that the parent could not have been ordered to pay before the commencement. Sections 18N and 18O commenced on 15 August 1996 and were repealed by the Juvenile Justice Amendment Act 2002 .\n(sec.315-ssec.3) Subsection (2)(a) is about punishment level and does not stop a court making orders against anyone of a type or number only available because of the amendment Act.\n(sec.315-ssec.4) In this section— amendment Act means the Juvenile Justice Legislation Amendment Act 1996 .\n- (a) a person can not be sentenced more severely for an offence committed before the commencement of a provision of the amendment Act than would have been the case if the provision had not been enacted; and\n- (b) a caution administered before the commencement of section 18N or 18O can not be disclosed to a court or anyone after the commencement of the section if the disclosure could not have been made if the section had not been enacted.\n- (c) a parent of a child can not be ordered under section 259 to pay compensation for an offence committed by the child before the commencement of section 63 of the amendment Act that the parent could not have been ordered to pay before the commencement. Note— Sections 18N and 18O commenced on 15 August 1996 and were repealed by the Juvenile Justice Amendment Act 2002 .","sortOrder":584},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Transitional provisions for Juvenile Justice Legislation Amendment Act 1998","content":"## Transitional provisions for Juvenile Justice Legislation Amendment Act 1998","sortOrder":585},{"sectionNumber":"sec.316","sectionType":"section","heading":"Transfer of staff","content":"### sec.316 Transfer of staff\n\nThe purpose of this section is to transfer officers and employees of Queensland Corrections to the public service because of the change to the chief executive’s functions under the Juvenile Justice Legislation Amendment Act 1998 .\nOn the commencement of this section, the following persons become public service employees employed in the department—\npersons who, immediately before the commencement, were officers or employees of Queensland Corrections employed as members of the staff of detention centres;\npersons decided by the Governor in Council who, immediately before the commencement, were employed by Queensland Corrections.\nAppointments for subsection (2) are to be made under the Public Service Act 2008 .\nThe remuneration under the Public Service Act 2008 of a person under an appointment under subsection (3) must not be less than the remuneration to which the person would have been entitled if the person’s employment as an officer or employee of Queensland Corrections had continued.\nThe person may claim against the department all entitlements accrued as an officer or employee of Queensland Corrections.\nThe person’s leave entitlements are to be calculated as if previous service as an officer of the public service and service as an officer or employee of the Queensland Corrective Services Commission or Queensland Corrections and service as a public service employee were continuous service as a public service employee.\nTo remove any doubt, it is declared that for this section an officer or employee of Queensland Corrections includes a person appointed under a fixed-term contract of employment.\nIn this section—\nremuneration means total remuneration including entitlements.\ns 316 ins 1998 No. 39 s 68\namd 2009 No. 25 s 83 sch\n(sec.316-ssec.1) The purpose of this section is to transfer officers and employees of Queensland Corrections to the public service because of the change to the chief executive’s functions under the Juvenile Justice Legislation Amendment Act 1998 .\n(sec.316-ssec.2) On the commencement of this section, the following persons become public service employees employed in the department— persons who, immediately before the commencement, were officers or employees of Queensland Corrections employed as members of the staff of detention centres; persons decided by the Governor in Council who, immediately before the commencement, were employed by Queensland Corrections.\n(sec.316-ssec.3) Appointments for subsection (2) are to be made under the Public Service Act 2008 .\n(sec.316-ssec.4) The remuneration under the Public Service Act 2008 of a person under an appointment under subsection (3) must not be less than the remuneration to which the person would have been entitled if the person’s employment as an officer or employee of Queensland Corrections had continued.\n(sec.316-ssec.5) The person may claim against the department all entitlements accrued as an officer or employee of Queensland Corrections.\n(sec.316-ssec.6) The person’s leave entitlements are to be calculated as if previous service as an officer of the public service and service as an officer or employee of the Queensland Corrective Services Commission or Queensland Corrections and service as a public service employee were continuous service as a public service employee.\n(sec.316-ssec.7) To remove any doubt, it is declared that for this section an officer or employee of Queensland Corrections includes a person appointed under a fixed-term contract of employment.\n(sec.316-ssec.8) In this section— remuneration means total remuneration including entitlements.\n- (a) persons who, immediately before the commencement, were officers or employees of Queensland Corrections employed as members of the staff of detention centres;\n- (b) persons decided by the Governor in Council who, immediately before the commencement, were employed by Queensland Corrections.","sortOrder":586},{"sectionNumber":"sec.317","sectionType":"section","heading":"Disciplinary proceedings","content":"### sec.317 Disciplinary proceedings\n\nThis section applies to a person who becomes a public service employee under section 316(2).\nDisciplinary proceedings may be taken against the person after the commencement of this section for a disciplinary matter that happened while the person was an officer or employee of Queensland Corrections as if the person were a public service employee at the time the matter happened.\ns 317 ins 1998 No. 39 s 68\n(sec.317-ssec.1) This section applies to a person who becomes a public service employee under section 316(2).\n(sec.317-ssec.2) Disciplinary proceedings may be taken against the person after the commencement of this section for a disciplinary matter that happened while the person was an officer or employee of Queensland Corrections as if the person were a public service employee at the time the matter happened.","sortOrder":587},{"sectionNumber":"sec.318","sectionType":"section","heading":"Transfer of amounts held on trust for detainees","content":"### sec.318 Transfer of amounts held on trust for detainees\n\nThis section applies to all amounts that, immediately before the commencement of this section, were credited to the detainees trust fund kept by the Queensland Corrective Services Commission under the Corrective Services (Administration) Act 1988 , section 51.\nThe commission must, on the commencement of this section, transfer the amounts to the detainees trust fund kept by the chief executive under this Act.\ns 318 ins 1998 No. 39 s 68\n(sec.318-ssec.1) This section applies to all amounts that, immediately before the commencement of this section, were credited to the detainees trust fund kept by the Queensland Corrective Services Commission under the Corrective Services (Administration) Act 1988 , section 51.\n(sec.318-ssec.2) The commission must, on the commencement of this section, transfer the amounts to the detainees trust fund kept by the chief executive under this Act.","sortOrder":588},{"sectionNumber":"sec.319","sectionType":"section","heading":"Termination of contracts","content":"### sec.319 Termination of contracts\n\nThe detention centre contracts are terminated.\nThe State does not incur liability because of the termination.\nIn this section—\ndetention centre contracts means the following contracts entered into between the Queensland Corrective Services Commission and Queensland Corrections—\na contract dated 29 August 1997 for the operation and management of the John Oxley Youth Detention Centre;\na contract dated 29 August 1997 for the operation and management of the Sir Leslie Wilson Youth Detention Centre;\na contract dated 29 August 1997 for the operation and management of the Cleveland Youth Detention Centre.\ns 319 ins 1998 No. 39 s 68\n(sec.319-ssec.1) The detention centre contracts are terminated.\n(sec.319-ssec.2) The State does not incur liability because of the termination.\n(sec.319-ssec.3) In this section— detention centre contracts means the following contracts entered into between the Queensland Corrective Services Commission and Queensland Corrections— a contract dated 29 August 1997 for the operation and management of the John Oxley Youth Detention Centre; a contract dated 29 August 1997 for the operation and management of the Sir Leslie Wilson Youth Detention Centre; a contract dated 29 August 1997 for the operation and management of the Cleveland Youth Detention Centre.\n- (a) a contract dated 29 August 1997 for the operation and management of the John Oxley Youth Detention Centre;\n- (b) a contract dated 29 August 1997 for the operation and management of the Sir Leslie Wilson Youth Detention Centre;\n- (c) a contract dated 29 August 1997 for the operation and management of the Cleveland Youth Detention Centre.","sortOrder":589},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Transitional provisions for the Juvenile Justice Amendment Act 2002","content":"## Transitional provisions for the Juvenile Justice Amendment Act 2002","sortOrder":590},{"sectionNumber":"sec.320","sectionType":"section","heading":"Definitions for pt 11, div 3","content":"### sec.320 Definitions for pt 11, div 3\n\nIn this division—\namending Act means the Juvenile Justice Amendment Act 2002 .\namendment means an amendment carried out by the amending Act.\namendment provision means a provision of the amending Act.\ncommunity conference means a community conference as defined under the Act immediately before the relevant commencement.\ncommunity conference agreement means a community conference agreement as defined under the Act immediately before the relevant commencement.\ncommunity conference convenor means a community conference convenor as defined under the Act immediately before the relevant commencement.\ncurrent means—\nfor a provision or Act—as in existence immediately before the relevant commencement; or\nfor a decision, warning, notification or document—in effect immediately before the relevant commencement; or\nfor an order or warrant—in force immediately before the relevant commencement; or\nfor a proceeding—started but not completed before the relevant commencement.\nnew , for a provision or Act, means as in existence from the relevant commencement.\nrelevant commencement —\nfor the definitions community conference , community conference agreement and community conference convenor in this section, means the commencement of the definitions conference , conference agreement and convenor under section 5 of the amending Act; or\nfor other definitions in this section, means the relevant commencement as defined in the provision for which the definition is being applied.\ns 320 def relevant commencement ins 2002 No. 39 s 115 (amd 2003 No. 37 s 84 (1) )\ns 320 ins 2002 No. 39 s 115\n- (a) for a provision or Act—as in existence immediately before the relevant commencement; or\n- (b) for a decision, warning, notification or document—in effect immediately before the relevant commencement; or\n- (c) for an order or warrant—in force immediately before the relevant commencement; or\n- (d) for a proceeding—started but not completed before the relevant commencement.\n- (a) for the definitions community conference , community conference agreement and community conference convenor in this section, means the commencement of the definitions conference , conference agreement and convenor under section 5 of the amending Act; or\n- (b) for other definitions in this section, means the relevant commencement as defined in the provision for which the definition is being applied.","sortOrder":591},{"sectionNumber":"sec.321","sectionType":"section","heading":"References to community conference","content":"### sec.321 References to community conference\n\nThis section applies—\nfrom the relevant commencement; and\nto any current Act, community conference agreement or other instrument or document; and\nto any new Act, youth justice conference agreement or other instrument or document.\nA reference to a community conference, a community conference agreement or a community conference convenor, may, if the context permits, be taken to include a reference to a youth justice conference, a youth justice conference agreement and a youth justice conference convenor (or coordinator).\nA reference to a youth justice conference, a youth justice conference agreement or a youth justice conference convenor (or coordinator), may, if the context permits, be taken to include a reference to a community conference, a community conference agreement and a community conference convenor.\nIn this section—\nrelevant commencement means the commencement of section 7 of the amending Act to the extent it inserts section 34 in this Act.\ns 321 ins 2002 No. 39 s 115\n(sec.321-ssec.1) This section applies— from the relevant commencement; and to any current Act, community conference agreement or other instrument or document; and to any new Act, youth justice conference agreement or other instrument or document.\n(sec.321-ssec.2) A reference to a community conference, a community conference agreement or a community conference convenor, may, if the context permits, be taken to include a reference to a youth justice conference, a youth justice conference agreement and a youth justice conference convenor (or coordinator).\n(sec.321-ssec.3) A reference to a youth justice conference, a youth justice conference agreement or a youth justice conference convenor (or coordinator), may, if the context permits, be taken to include a reference to a community conference, a community conference agreement and a community conference convenor.\n(sec.321-ssec.4) In this section— relevant commencement means the commencement of section 7 of the amending Act to the extent it inserts section 34 in this Act.\n- (a) from the relevant commencement; and\n- (b) to any current Act, community conference agreement or other instrument or document; and\n- (c) to any new Act, youth justice conference agreement or other instrument or document.","sortOrder":592},{"sectionNumber":"sec.322","sectionType":"section","heading":"Immediate release orders and fixed release orders","content":"### sec.322 Immediate release orders and fixed release orders\n\nFrom the relevant commencement, a reference in a current Act or document to an immediate release order may, if the context permits, be taken to include a reference to a conditional release order.\nFrom the relevant commencement, a reference in a current Act or document to a fixed release order may, if the context permits, be taken to include a reference to a supervised release order.\nA fixed release order in force immediately before the relevant commencement is, from the relevant commencement, a supervised release order.\nA contravention of a fixed release order before the relevant commencement may be dealt with under this Act as a contravention of a supervised release order.\nIn this section—\nrelevant commencement means the commencement of—\nfor subsection (1)—section 86 of the amending Act; or\nfor subsections (2) to (4)—section 94 of the amending Act.\ns 322 ins 2002 No. 39 s 115 (amd 2003 No. 37 s 84 (2) – (5) )\n(sec.322-ssec.1) From the relevant commencement, a reference in a current Act or document to an immediate release order may, if the context permits, be taken to include a reference to a conditional release order.\n(sec.322-ssec.2) From the relevant commencement, a reference in a current Act or document to a fixed release order may, if the context permits, be taken to include a reference to a supervised release order.\n(sec.322-ssec.3) A fixed release order in force immediately before the relevant commencement is, from the relevant commencement, a supervised release order.\n(sec.322-ssec.4) A contravention of a fixed release order before the relevant commencement may be dealt with under this Act as a contravention of a supervised release order.\n(sec.322-ssec.5) In this section— relevant commencement means the commencement of— for subsection (1)—section 86 of the amending Act; or for subsections (2) to (4)—section 94 of the amending Act.\n- (a) for subsection (1)—section 86 of the amending Act; or\n- (b) for subsections (2) to (4)—section 94 of the amending Act.","sortOrder":593},{"sectionNumber":"sec.323","sectionType":"section","heading":"References to attendance notices","content":"### sec.323 References to attendance notices\n\nFrom the relevant commencement, a reference in a current Act or document to an attendance notice may, if the context permits, be taken to include a reference to a notice to appear.\nAn attendance notice issued under the current Act is, for all proceedings taken on the notice from the relevant commencement, taken to be a notice to appear issued under the Police Powers and Responsibilities Act 2000 , section 382.\nIn this section—\nrelevant commencement means the commencement of section 9 of the amending Act.\ns 323 ins 2002 No. 39 s 115\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.323-ssec.1) From the relevant commencement, a reference in a current Act or document to an attendance notice may, if the context permits, be taken to include a reference to a notice to appear.\n(sec.323-ssec.2) An attendance notice issued under the current Act is, for all proceedings taken on the notice from the relevant commencement, taken to be a notice to appear issued under the Police Powers and Responsibilities Act 2000 , section 382.\n(sec.323-ssec.3) In this section— relevant commencement means the commencement of section 9 of the amending Act.","sortOrder":594},{"sectionNumber":"sec.324","sectionType":"section","heading":"Statements","content":"### sec.324 Statements\n\nFrom the relevant commencement, new part 2, division 5 applies to all statements to which it is expressed to apply made after the relevant commencement, whether or not the offence to which the statement relates was committed before or after the relevant commencement.\nIn this section—\nrelevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 5 in this Act.\ns 324 ins 2002 No. 39 s 115\n(sec.324-ssec.1) From the relevant commencement, new part 2, division 5 applies to all statements to which it is expressed to apply made after the relevant commencement, whether or not the offence to which the statement relates was committed before or after the relevant commencement.\n(sec.324-ssec.2) In this section— relevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 5 in this Act.","sortOrder":595},{"sectionNumber":"sec.325","sectionType":"section","heading":"Identifying particulars","content":"### sec.325 Identifying particulars\n\nFrom the relevant commencement, new part 2, division 4 may be relied on by a police officer to make an application in relation to any charge to which it is expressed to apply—\nwhether the charge relates to an offence committed before or after the relevant commencement; and\nwhether or not an application has already been made under current part 1B, division 2.\npart 1B (Investigation provisions), division 2 (Fingerprints and palmprints) (Note—These are the headings immediately before the relevant commencement.)\nIn this section—\nrelevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 4 in this Act.\ns 325 ins 2002 No. 39 s 115\n(sec.325-ssec.1) From the relevant commencement, new part 2, division 4 may be relied on by a police officer to make an application in relation to any charge to which it is expressed to apply— whether the charge relates to an offence committed before or after the relevant commencement; and whether or not an application has already been made under current part 1B, division 2. part 1B (Investigation provisions), division 2 (Fingerprints and palmprints) (Note—These are the headings immediately before the relevant commencement.)\n(sec.325-ssec.2) In this section— relevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 4 in this Act.\n- (a) whether the charge relates to an offence committed before or after the relevant commencement; and\n- (b) whether or not an application has already been made under current part 1B, division 2. Editor’s note— part 1B (Investigation provisions), division 2 (Fingerprints and palmprints) (Note—These are the headings immediately before the relevant commencement.)","sortOrder":596},{"sectionNumber":"sec.326","sectionType":"section","heading":"Cautioning","content":"### sec.326 Cautioning\n\nFrom the relevant commencement, new part 2, division 2 applies to a police officer for the purpose of giving a caution after the relevant commencement, whether the offence was committed before or after the relevant commencement.\nIn this section—\nrelevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 2 in this Act.\ns 326 ins 2002 No. 39 s 115\n(sec.326-ssec.1) From the relevant commencement, new part 2, division 2 applies to a police officer for the purpose of giving a caution after the relevant commencement, whether the offence was committed before or after the relevant commencement.\n(sec.326-ssec.2) In this section— relevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 2 in this Act.","sortOrder":597},{"sectionNumber":"sec.327","sectionType":"section","heading":"Community conferencing","content":"### sec.327 Community conferencing\n\nFrom the relevant commencement, new part 2, division 3, new part 3 and new part 7, division 2 apply in relation to an offence, even if the offence was—\ncommitted before the relevant commencement; or\nreferred for a community conference before the relevant commencement.\nIf a community conference agreement is made before the relevant commencement, from the relevant commencement—\nthe agreement is taken to be a youth justice conference agreement; and\nthe child who made the agreement is, in relation to the agreement, subject to the provisions of this Act about youth justice conference agreements as if the agreement were made after the relevant commencement.\nIf—\nbefore the relevant commencement—\nan offence was referred to a community conference; and\nany possible procedure relating to the reference had not been finalised; and\nsubsection (2) does not apply;\nfrom the relevant commencement, the provisions of the new Act apply as if the offence had been referred for a youth justice conference after the relevant commencement.\nThe amending Act has no effect on the validity of anything done in relation to the referral under the current Act and no step in the process of a referral is required to be taken again because of the amending Act.\nIn this section—\nrelevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 3 and part 3 in this Act and the commencement of sections 55 to 63 of the amending Act.\ns 327 ins 2002 No. 39 s 115\n(sec.327-ssec.1) From the relevant commencement, new part 2, division 3, new part 3 and new part 7, division 2 apply in relation to an offence, even if the offence was— committed before the relevant commencement; or referred for a community conference before the relevant commencement.\n(sec.327-ssec.2) If a community conference agreement is made before the relevant commencement, from the relevant commencement— the agreement is taken to be a youth justice conference agreement; and the child who made the agreement is, in relation to the agreement, subject to the provisions of this Act about youth justice conference agreements as if the agreement were made after the relevant commencement.\n(sec.327-ssec.3) If— before the relevant commencement— an offence was referred to a community conference; and any possible procedure relating to the reference had not been finalised; and subsection (2) does not apply; from the relevant commencement, the provisions of the new Act apply as if the offence had been referred for a youth justice conference after the relevant commencement.\n(sec.327-ssec.4) The amending Act has no effect on the validity of anything done in relation to the referral under the current Act and no step in the process of a referral is required to be taken again because of the amending Act.\n(sec.327-ssec.5) In this section— relevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 3 and part 3 in this Act and the commencement of sections 55 to 63 of the amending Act.\n- (a) committed before the relevant commencement; or\n- (b) referred for a community conference before the relevant commencement.\n- (a) the agreement is taken to be a youth justice conference agreement; and\n- (b) the child who made the agreement is, in relation to the agreement, subject to the provisions of this Act about youth justice conference agreements as if the agreement were made after the relevant commencement.\n- (a) before the relevant commencement— (i) an offence was referred to a community conference; and (ii) any possible procedure relating to the reference had not been finalised; and\n- (i) an offence was referred to a community conference; and\n- (ii) any possible procedure relating to the reference had not been finalised; and\n- (b) subsection (2) does not apply;\n- (i) an offence was referred to a community conference; and\n- (ii) any possible procedure relating to the reference had not been finalised; and","sortOrder":598},{"sectionNumber":"sec.328","sectionType":"section","heading":"Start of proceedings by a police officer","content":"### sec.328 Start of proceedings by a police officer\n\nFrom the relevant commencement, new part 2, division 1 and the Police Powers and Responsibilities Act 2000 , chapter 14 apply to a police officer in relation to the start of proceedings against a child even if the offence was committed before the relevant commencement.\nSubsection (1) does not affect anything done by a police officer before the relevant commencement.\nIn this section—\nrelevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 1 in this Act.\ns 328 ins 2002 No. 39 s 115\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.328-ssec.1) From the relevant commencement, new part 2, division 1 and the Police Powers and Responsibilities Act 2000 , chapter 14 apply to a police officer in relation to the start of proceedings against a child even if the offence was committed before the relevant commencement.\n(sec.328-ssec.2) Subsection (1) does not affect anything done by a police officer before the relevant commencement.\n(sec.328-ssec.3) In this section— relevant commencement means the commencement of section 7 of the amending Act to the extent it inserts part 2, division 1 in this Act.","sortOrder":599},{"sectionNumber":"sec.329","sectionType":"section","heading":"Police decision about bail or a related matter","content":"### sec.329 Police decision about bail or a related matter\n\nFrom the relevant commencement, a current decision that was made under the Bail Act 1980 , section 7 in relation to a child is taken to have been made under section 50.\nIf the decision was to release the child on bail, the bail is taken to have been granted under section 52.\nIn this section—\nrelevant commencement means the commencement of section 123 of the amending Act.\ns 329 ins 2002 No. 39 s 115\n(sec.329-ssec.1) From the relevant commencement, a current decision that was made under the Bail Act 1980 , section 7 in relation to a child is taken to have been made under section 50.\n(sec.329-ssec.2) If the decision was to release the child on bail, the bail is taken to have been granted under section 52.\n(sec.329-ssec.3) In this section— relevant commencement means the commencement of section 123 of the amending Act.","sortOrder":600},{"sectionNumber":"sec.330","sectionType":"section","heading":"Generally in relation to new pt 6","content":"### sec.330 Generally in relation to new pt 6\n\nUnless otherwise provided, a provision of new part 6 applies from the relevant commencement to all proceedings to which it is stated to apply—\nwhether current or otherwise; and\nwhether the proceeding relates to an offence committed before or after the commencement; and\nwhether or not the proceeding follows any form of appeal or review.\nIn this section—\nrelevant commencement means the commencement of section 26 of the amending Act.\ns 330 ins 2002 No. 39 s 115\n(sec.330-ssec.1) Unless otherwise provided, a provision of new part 6 applies from the relevant commencement to all proceedings to which it is stated to apply— whether current or otherwise; and whether the proceeding relates to an offence committed before or after the commencement; and whether or not the proceeding follows any form of appeal or review.\n(sec.330-ssec.2) In this section— relevant commencement means the commencement of section 26 of the amending Act.\n- (a) whether current or otherwise; and\n- (b) whether the proceeding relates to an offence committed before or after the commencement; and\n- (c) whether or not the proceeding follows any form of appeal or review.","sortOrder":601},{"sectionNumber":"sec.331","sectionType":"section","heading":"Transitional provision for current pt 4, divs 2–5","content":"### sec.331 Transitional provision for current pt 4, divs 2–5\n\nThis section applies to a committal proceeding, after the relevant commencement, in which a child appears charged with an indictable offence before a Childrens Court magistrate if, before the relevant commencement, evidence had already been adduced in the proceeding.\nIf all the evidence to be adduced by the prosecution (the prosecution evidence ) had not been adduced before the relevant commencement—\nthe proceeding must continue under current part 4 until all the prosecution evidence has been adduced; and\nafter all the prosecution evidence has been adduced, the proceeding must continue under the new part 6, divisions 3 to 7.\nNew part 6, division 4 applies without exception, as provided under section 330.\nIf all the prosecution evidence had been adduced before the relevant commencement, but all the evidence to be adduced at the proceeding has not been adduced—\nthe proceeding must continue under current part 4 until all the evidence has been adduced; and\nafter all the evidence has been adduced, the proceeding must continue under the new part 6, divisions 5 to 7.\nIf a child has been committed to be tried or sentenced before any court before the relevant commencement, current part 4 continues to apply to the proceedings before that court.\nIn this section—\nrelevant commencement , means the commencement of section 26 of the amending Act.\ns 331 ins 2002 No. 39 s 115\n(sec.331-ssec.1) This section applies to a committal proceeding, after the relevant commencement, in which a child appears charged with an indictable offence before a Childrens Court magistrate if, before the relevant commencement, evidence had already been adduced in the proceeding.\n(sec.331-ssec.2) If all the evidence to be adduced by the prosecution (the prosecution evidence ) had not been adduced before the relevant commencement— the proceeding must continue under current part 4 until all the prosecution evidence has been adduced; and after all the prosecution evidence has been adduced, the proceeding must continue under the new part 6, divisions 3 to 7.\n(sec.331-ssec.3) New part 6, division 4 applies without exception, as provided under section 330.\n(sec.331-ssec.4) If all the prosecution evidence had been adduced before the relevant commencement, but all the evidence to be adduced at the proceeding has not been adduced— the proceeding must continue under current part 4 until all the evidence has been adduced; and after all the evidence has been adduced, the proceeding must continue under the new part 6, divisions 5 to 7.\n(sec.331-ssec.5) If a child has been committed to be tried or sentenced before any court before the relevant commencement, current part 4 continues to apply to the proceedings before that court.\n(sec.331-ssec.6) In this section— relevant commencement , means the commencement of section 26 of the amending Act.\n- (a) the proceeding must continue under current part 4 until all the prosecution evidence has been adduced; and\n- (b) after all the prosecution evidence has been adduced, the proceeding must continue under the new part 6, divisions 3 to 7.\n- (a) the proceeding must continue under current part 4 until all the evidence has been adduced; and\n- (b) after all the evidence has been adduced, the proceeding must continue under the new part 6, divisions 5 to 7.","sortOrder":602},{"sectionNumber":"sec.332","sectionType":"section","heading":"Transitional provision for appeals under Justices Act 1886, pt 9, div 1","content":"### sec.332 Transitional provision for appeals under Justices Act 1886, pt 9, div 1\n\nThis section applies to a Childrens Court judge appeal under the Justices Act 1886 , part 9, division 1, made to a District Court judge—\nbefore the relevant commencement and not decided at the relevant commencement; or\nwithin 28 days after the relevant commencement.\nThe District Court judge has jurisdiction to hear and decide the appeal, despite section 117(4).\nIn this section—\nChildrens Court judge appeal means an appeal under the Justices Act 1886 , part 9, division 1 that, after the relevant commencement, may only be made to the Childrens Court judge.\nrelevant commencement means the commencement of section 30 of the amending Act to the extent it inserts new section 117 in this Act.\ns 332 ins 2002 No. 39 s 115\n(sec.332-ssec.1) This section applies to a Childrens Court judge appeal under the Justices Act 1886 , part 9, division 1, made to a District Court judge— before the relevant commencement and not decided at the relevant commencement; or within 28 days after the relevant commencement.\n(sec.332-ssec.2) The District Court judge has jurisdiction to hear and decide the appeal, despite section 117(4).\n(sec.332-ssec.3) In this section— Childrens Court judge appeal means an appeal under the Justices Act 1886 , part 9, division 1 that, after the relevant commencement, may only be made to the Childrens Court judge. relevant commencement means the commencement of section 30 of the amending Act to the extent it inserts new section 117 in this Act.\n- (a) before the relevant commencement and not decided at the relevant commencement; or\n- (b) within 28 days after the relevant commencement.","sortOrder":603},{"sectionNumber":"sec.333","sectionType":"section","heading":"Child offender who becomes an adult","content":"### sec.333 Child offender who becomes an adult\n\nSections 135, 136, 137 and 138(2) apply only to a remand by a court after the relevant commencement.\nSections 135(3) and 138(3) apply only to a term of imprisonment or period of detention to which the offender is sentenced after the relevant commencement.\nIn this section—\nrelevant commencement means the commencement of section 42 of the amending Act.\ns 333 ins 2002 No. 39 s 115\n(sec.333-ssec.1) Sections 135, 136, 137 and 138(2) apply only to a remand by a court after the relevant commencement.\n(sec.333-ssec.2) Sections 135(3) and 138(3) apply only to a term of imprisonment or period of detention to which the offender is sentenced after the relevant commencement.\n(sec.333-ssec.3) In this section— relevant commencement means the commencement of section 42 of the amending Act.","sortOrder":604},{"sectionNumber":"sec.334","sectionType":"section","heading":"Sentencing generally","content":"### sec.334 Sentencing generally\n\nFrom the commencement of any amendment of part 7, division 1, part 7, division 1 as amended applies in relation to an offence even if the offence was committed before the commencement.\nSubsection (1) has no effect on anything done, in relation to the offence, under a provision of part 7, division 1 before it was amended.\ns 334 ins 2002 No. 39 s 115\n(sec.334-ssec.1) From the commencement of any amendment of part 7, division 1, part 7, division 1 as amended applies in relation to an offence even if the offence was committed before the commencement.\n(sec.334-ssec.2) Subsection (1) has no effect on anything done, in relation to the offence, under a provision of part 7, division 1 before it was amended.","sortOrder":605},{"sectionNumber":"sec.335","sectionType":"section","heading":"Current community based orders made by District Court","content":"### sec.335 Current community based orders made by District Court\n\nFor part 7, division 12, a community based order made by the District Court before the relevant commencement is taken, from the relevant commencement, to have been made by a Childrens Court judge.\nIn this section—\nrelevant commencement means the commencement of section 98 of the amending Act.\ns 335 ins 2002 No. 39 s 115\n(sec.335-ssec.1) For part 7, division 12, a community based order made by the District Court before the relevant commencement is taken, from the relevant commencement, to have been made by a Childrens Court judge.\n(sec.335-ssec.2) In this section— relevant commencement means the commencement of section 98 of the amending Act.","sortOrder":606},{"sectionNumber":"sec.336","sectionType":"section","heading":"Contravention of a current probation order","content":"### sec.336 Contravention of a current probation order\n\nA current warning given by the chief executive under section 134(1), relating to a contravention of a probation order, is taken, from the relevant commencement, to have been given under section 237.\nsection 134 (Chief executive’s application on breach) (Note—This was the section heading immediately before the relevant commencement.)\nA current complaint and summons served under section 134, relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been served under section 238.\nA current warrant issued under section 134 is taken, from the relevant commencement, to have been issued under section 238.\nA current order made under section 135(4) is taken, from the relevant commencement, to have been made under section 240(3)(a).\nsection 135 (General options available to Childrens Court magistrate on breach application) (Note—This was the section heading immediately before the relevant commencement.)\nA current order made under section 137(4)(c) is taken, from the relevant commencement, to have been made under section 242(3)(a).\nsection 137 (General options available to court before which child found guilty of an indictable offence) (Note—This was the section heading immediately before the relevant commencement.)\nA current notification given under section 141(2), relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been given under section 247(2).\nsection 141 (Variation, discharge and resentence in the interests of justice) (Note—This was the section heading immediately before the relevant commencement.)\nIn this section—\nrelevant commencement means the commencement of section 98 of the amending Act.\ns 336 ins 2002 No. 39 s 115\n(sec.336-ssec.1) A current warning given by the chief executive under section 134(1), relating to a contravention of a probation order, is taken, from the relevant commencement, to have been given under section 237. section 134 (Chief executive’s application on breach) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.336-ssec.2) A current complaint and summons served under section 134, relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been served under section 238.\n(sec.336-ssec.3) A current warrant issued under section 134 is taken, from the relevant commencement, to have been issued under section 238.\n(sec.336-ssec.4) A current order made under section 135(4) is taken, from the relevant commencement, to have been made under section 240(3)(a). section 135 (General options available to Childrens Court magistrate on breach application) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.336-ssec.5) A current order made under section 137(4)(c) is taken, from the relevant commencement, to have been made under section 242(3)(a). section 137 (General options available to court before which child found guilty of an indictable offence) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.336-ssec.6) A current notification given under section 141(2), relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been given under section 247(2). section 141 (Variation, discharge and resentence in the interests of justice) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.336-ssec.7) In this section— relevant commencement means the commencement of section 98 of the amending Act.","sortOrder":607},{"sectionNumber":"sec.337","sectionType":"section","heading":"Cumulative effect of child and adult community service orders","content":"### sec.337 Cumulative effect of child and adult community service orders\n\nSection 201(2) applies only to an order mentioned in section 201(1)(a) made after the relevant commencement.\nIn this section—\nrelevant commencement means the commencement of section 76 of the amending Act.\ns 337 ins 2002 No. 39 s 115\n(sec.337-ssec.1) Section 201(2) applies only to an order mentioned in section 201(1)(a) made after the relevant commencement.\n(sec.337-ssec.2) In this section— relevant commencement means the commencement of section 76 of the amending Act.","sortOrder":608},{"sectionNumber":"sec.338","sectionType":"section","heading":"Contravention of a community service order","content":"### sec.338 Contravention of a community service order\n\nA current warning given by the chief executive under section 153(1), relating to a contravention of a community service order, is taken, from the relevant commencement, to have been given under section 237.\nsection 153 (Chief executive’s application on breach) (Note—This was the section heading immediately before the relevant commencement.)\nA current complaint and summons served under section 153, relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been served under section 238.\nA current warrant issued under section 153 is taken, from the relevant commencement, to have been issued under section 238.\nA current order made under section 154(4) is taken, from the relevant commencement, to have been made under section 240(3)(a).\nsection 154 (General options available to Childrens Court magistrate on breach application) (Note—This was the section heading immediately before the relevant commencement.)\nA current notification given under section 158(2) relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been given under section 247(2).\nsection 158 (Variation, discharge or resentence in the interests of justice) (Note—This was the section heading immediately before the relevant commencement.)\nIn this section—\nrelevant commencement means the commencement of section 98 of the amending Act.\ns 338 ins 2002 No. 39 s 115\n(sec.338-ssec.1) A current warning given by the chief executive under section 153(1), relating to a contravention of a community service order, is taken, from the relevant commencement, to have been given under section 237. section 153 (Chief executive’s application on breach) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.338-ssec.2) A current complaint and summons served under section 153, relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been served under section 238.\n(sec.338-ssec.3) A current warrant issued under section 153 is taken, from the relevant commencement, to have been issued under section 238.\n(sec.338-ssec.4) A current order made under section 154(4) is taken, from the relevant commencement, to have been made under section 240(3)(a). section 154 (General options available to Childrens Court magistrate on breach application) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.338-ssec.5) A current notification given under section 158(2) relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been given under section 247(2). section 158 (Variation, discharge or resentence in the interests of justice) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.338-ssec.6) In this section— relevant commencement means the commencement of section 98 of the amending Act.","sortOrder":609},{"sectionNumber":"sec.339","sectionType":"section","heading":"Contravention of a conditional release order","content":"### sec.339 Contravention of a conditional release order\n\nA current warrant issued under section 183 is taken, from the relevant commencement, to have been issued under section 238.\nsection 183 (Failure to comply with conditions of immediate release order) (Note—This was the section heading immediately before the relevant commencement.)\nA current order made under section 185(5) is taken, from the relevant commencement, to have been made under section 242(3)(a).\nsection 185 (Options available to court before which a child subject to an immediate release order is found guilty of an indictable offence) (Note—This was the section heading immediately before the relevant commencement.)\nA current notification given under section 186(2), relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been given under section 247(2).\nsection 186 (Variation and revocation in the interests of justice) (Note—This was the section heading immediately before the relevant commencement.)\nIn this section—\nrelevant commencement means the commencement of section 98 of the amending Act.\ns 339 ins 2002 No. 39 s 115\n(sec.339-ssec.1) A current warrant issued under section 183 is taken, from the relevant commencement, to have been issued under section 238. section 183 (Failure to comply with conditions of immediate release order) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.339-ssec.2) A current order made under section 185(5) is taken, from the relevant commencement, to have been made under section 242(3)(a). section 185 (Options available to court before which a child subject to an immediate release order is found guilty of an indictable offence) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.339-ssec.3) A current notification given under section 186(2), relating to an application made or proposed to be made under that section, is taken, from the relevant commencement, to have been given under section 247(2). section 186 (Variation and revocation in the interests of justice) (Note—This was the section heading immediately before the relevant commencement.)\n(sec.339-ssec.4) In this section— relevant commencement means the commencement of section 98 of the amending Act.","sortOrder":610},{"sectionNumber":"sec.340","sectionType":"section","heading":"Contravention of community based orders generally","content":"### sec.340 Contravention of community based orders generally\n\nPart 7, division 12 applies to a contravention of a community based order whether the contravention happened before or after the relevant commencement.\nWithout limiting this subdivision—\na current proceeding under this Act, relating to a contravention of a community based order, may be continued and finished as if it had been started under part 7, division 12; and\na current order made under this Act, relating to a contravention of a community based order, continues in force as if it had been made under part 7, division 12.\nIn this section—\nrelevant commencement means the commencement of section 98 of the amending Act.\ns 340 ins 2002 No. 39 s 115\n(sec.340-ssec.1) Part 7, division 12 applies to a contravention of a community based order whether the contravention happened before or after the relevant commencement.\n(sec.340-ssec.2) Without limiting this subdivision— a current proceeding under this Act, relating to a contravention of a community based order, may be continued and finished as if it had been started under part 7, division 12; and a current order made under this Act, relating to a contravention of a community based order, continues in force as if it had been made under part 7, division 12.\n(sec.340-ssec.3) In this section— relevant commencement means the commencement of section 98 of the amending Act.\n- (a) a current proceeding under this Act, relating to a contravention of a community based order, may be continued and finished as if it had been started under part 7, division 12; and\n- (b) a current order made under this Act, relating to a contravention of a community based order, continues in force as if it had been made under part 7, division 12.","sortOrder":611},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Transitional provision for Summary Offences Act 2005","content":"## Transitional provision for Summary Offences Act 2005","sortOrder":612},{"sectionNumber":"sec.341","sectionType":"section","heading":"Vagrants, Gaming and Other Offences Act 1931","content":"### sec.341 Vagrants, Gaming and Other Offences Act 1931\n\nDespite the repeal of the Vagrants, Gaming and Other Offences Act 1931 , an offence against that Act that is an arrest offence continues to be an arrest offence for which a court may order that a child’s identifying particulars may be taken under section 25 or 255 of this Act.\ns 341 prev s 341 ins 2002 No. 39 s 115\nexp 2 July 2003 (see s 341(4) and 2002 SL No. 350 )\npres s 341 ins 2005 No. 4 s 30 sch 1","sortOrder":613},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Transitional provision for Criminal Code and Other Acts Amendment Act 2008","content":"## Transitional provision for Criminal Code and Other Acts Amendment Act 2008","sortOrder":614},{"sectionNumber":"sec.342","sectionType":"section","heading":"Reference to particular offence","content":"### sec.342 Reference to particular offence\n\nThe definition offence of a sexual nature in section 170(4) applies as if the reference to the Criminal Code, section 208 included a reference to the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 342 ins 2008 No. 55 s 150 sch","sortOrder":615},{"sectionNumber":"pt.11-div.6","sectionType":"division","heading":"Transitional provisions for Juvenile Justice and Other Acts Amendment Act 2009","content":"## Transitional provisions for Juvenile Justice and Other Acts Amendment Act 2009","sortOrder":616},{"sectionNumber":"sec.343","sectionType":"section","heading":"Definitions for pt 11, div 6","content":"### sec.343 Definitions for pt 11, div 6\n\nIn this division—\namending Act means the Juvenile Justice and Other Acts Amendment Act 2009 .\nnew , in relation to a section, means the section as it exists at any time after its commencement under the amending Act.\nold , in relation to a section, means the section as it existed at any time before its repeal under the amending Act.\ns 343 ins 2009 No. 34 s 41","sortOrder":617},{"sectionNumber":"sec.344","sectionType":"section","heading":"Reference to Juvenile Justice Act 1992 and related references","content":"### sec.344 Reference to Juvenile Justice Act 1992 and related references\n\nFrom the commencement of the amending Act, section 9, a reference set out in column 1 of the following table in any other Act or any instrument or document is taken, if the context permits, to be the reference set out opposite in column 2.\nColumn 1\nColumn 2\nJuvenile Justice Act 1992\nYouth Justice Act 1992\nchief executive (juvenile justice)\nchief executive (youth justice)\njuvenile justice principles\nyouth justice principles\ns 344 ins 2009 No. 34 s 41","sortOrder":618},{"sectionNumber":"sec.345","sectionType":"section","heading":"Particular notices to include warning about arrest","content":"### sec.345 Particular notices to include warning about arrest\n\nThis section applies if—\nbefore the commencement day, a child is given a relevant notice; and\nthe notice does not include a warning that, if the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child’s arrest; and\nthe child fails to appear before the court in answer to the notice.\nThe court may not issue a warrant for the child’s arrest under the relevant warrant provision unless a further relevant notice is given to the child that includes the warning mentioned in subsection (1)(b) and the child fails to appear before the court in answer to the further notice.\nThis section does not limit any other power of the court to issue a warrant for the child’s arrest.\nFor this section—\na notice given under a provision mentioned in column 1 of the following table is a relevant notice; and\nthe relevant warrant provision for the relevant notice is the provision stated opposite in column 2; and\nthe commencement day for the relevant notice is the day stated opposite in column 3.\nProvision under which relevant notice is given\nRelevant warrant provision\nCommencement day\ns 164(4)\ns 164(7)\nthe day the amending Act, s 21 commences\ns 165(6)\ns 165(9)\nthe day the amending Act, s 22 commences\ns 166(4)\ns 166(7)\nthe day the amending Act, s 23 commences\ns 174(4)\ns 174(7)\nthe day the amending Act, s 24 commences\ns 345 ins 2009 No. 34 s 41\n(sec.345-ssec.1) This section applies if— before the commencement day, a child is given a relevant notice; and the notice does not include a warning that, if the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child’s arrest; and the child fails to appear before the court in answer to the notice.\n(sec.345-ssec.2) The court may not issue a warrant for the child’s arrest under the relevant warrant provision unless a further relevant notice is given to the child that includes the warning mentioned in subsection (1)(b) and the child fails to appear before the court in answer to the further notice.\n(sec.345-ssec.3) This section does not limit any other power of the court to issue a warrant for the child’s arrest.\n(sec.345-ssec.4) For this section— a notice given under a provision mentioned in column 1 of the following table is a relevant notice; and the relevant warrant provision for the relevant notice is the provision stated opposite in column 2; and the commencement day for the relevant notice is the day stated opposite in column 3. Provision under which relevant notice is given Relevant warrant provision Commencement day s 164(4) s 164(7) the day the amending Act, s 21 commences s 165(6) s 165(9) the day the amending Act, s 22 commences s 166(4) s 166(7) the day the amending Act, s 23 commences s 174(4) s 174(7) the day the amending Act, s 24 commences\n- (a) before the commencement day, a child is given a relevant notice; and\n- (b) the notice does not include a warning that, if the child fails to appear before the court in answer to the notice, the court may issue a warrant for the child’s arrest; and\n- (c) the child fails to appear before the court in answer to the notice.\n- (a) a notice given under a provision mentioned in column 1 of the following table is a relevant notice; and\n- (b) the relevant warrant provision for the relevant notice is the provision stated opposite in column 2; and\n- (c) the commencement day for the relevant notice is the day stated opposite in column 3.","sortOrder":619},{"sectionNumber":"sec.346","sectionType":"section","heading":"If an agreement is made on a referral by a court to a conference before sentence","content":"### sec.346 If an agreement is made on a referral by a court to a conference before sentence\n\nThis section applies if immediately before the commencement of the amending Act, section 22(2) (the commencement ), a child has been given a notice under section 165(6) for a contravention of a term of a conference agreement but not been entirely dealt with under the section.\nThe child must, despite the commencement, be dealt with for the contravention under the section as it existed at that time.\nAny other contravention must be dealt with under this Act as amended by the amending Act, even if the contravention happened before the commencement.\ns 346 ins 2009 No. 34 s 41\n(sec.346-ssec.1) This section applies if immediately before the commencement of the amending Act, section 22(2) (the commencement ), a child has been given a notice under section 165(6) for a contravention of a term of a conference agreement but not been entirely dealt with under the section.\n(sec.346-ssec.2) The child must, despite the commencement, be dealt with for the contravention under the section as it existed at that time.\n(sec.346-ssec.3) Any other contravention must be dealt with under this Act as amended by the amending Act, even if the contravention happened before the commencement.","sortOrder":620},{"sectionNumber":"sec.347","sectionType":"section","heading":"Application of Criminal Code, s 305","content":"### sec.347 Application of Criminal Code, s 305\n\nThis section applies for the purpose of applying the Criminal Code, section 305(2) and (3) (the Code provisions ) to a child under section 176(6) of this Act.\nThe Code provisions apply only if the court is sentencing the child on a conviction of murder committed after the commencement day.\nHowever, the court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement day, whether or not the conviction or sentence for the murder happened before or happens after the commencement day.\nSubsection (3) applies even if the offence of murder is an offence for which the court is also sentencing the child or taking into account on the sentence of the child.\nIn this section—\ncommencement day means the day the amending Act, section 25 commences.\ns 347 ins 2009 No. 34 s 41\n(sec.347-ssec.1) This section applies for the purpose of applying the Criminal Code, section 305(2) and (3) (the Code provisions ) to a child under section 176(6) of this Act.\n(sec.347-ssec.2) The Code provisions apply only if the court is sentencing the child on a conviction of murder committed after the commencement day.\n(sec.347-ssec.3) However, the court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement day, whether or not the conviction or sentence for the murder happened before or happens after the commencement day.\n(sec.347-ssec.4) Subsection (3) applies even if the offence of murder is an offence for which the court is also sentencing the child or taking into account on the sentence of the child.\n(sec.347-ssec.5) In this section— commencement day means the day the amending Act, section 25 commences.","sortOrder":621},{"sectionNumber":"sec.348","sectionType":"section","heading":"Cancellation of supervised release order","content":"### sec.348 Cancellation of supervised release order\n\nSubsections (2) and (3) apply if an application about a contravention of supervised release order is made under old section 231 but not entirely dealt with before its repeal under the amending Act.\nThe application continues as if old section 231 were not repealed.\nOld section 231(12) continues to apply (and is declared to have always continued to apply despite its repeal) in relation to a warrant issued for a child’s arrest under old section 231(4) or (5) for the period spent by the child out of custody.\nIf the supervised release order expires before the child is finally dealt with on the application—\nthe application expires; and\nif the child is in custody under a warrant issued under old section 231(4) or (5), the child must be released from custody under the warrant.\nNew part 7, division 12A applies to all other contraventions arising before the commencement.\nTo remove any doubt, it is declared that, under subsection (4), a court is to act under new sections 252E and 252F if the circumstances mentioned in section 252E(1) apply.\nHowever, a court in its discretion need not act under new sections 252E and 252F if the child’s sentencing for the offence mentioned in new section 252E(1) has started but not ended before the repeal of old section 231 by the amending Act.\ns 348 ins 2009 No. 34 s 41\namd 2010 No. 5 s 244\n(sec.348-ssec.1) Subsections (2) and (3) apply if an application about a contravention of supervised release order is made under old section 231 but not entirely dealt with before its repeal under the amending Act.\n(sec.348-ssec.2) The application continues as if old section 231 were not repealed.\n(sec.348-ssec.2A) Old section 231(12) continues to apply (and is declared to have always continued to apply despite its repeal) in relation to a warrant issued for a child’s arrest under old section 231(4) or (5) for the period spent by the child out of custody.\n(sec.348-ssec.3) If the supervised release order expires before the child is finally dealt with on the application— the application expires; and if the child is in custody under a warrant issued under old section 231(4) or (5), the child must be released from custody under the warrant.\n(sec.348-ssec.4) New part 7, division 12A applies to all other contraventions arising before the commencement.\n(sec.348-ssec.5) To remove any doubt, it is declared that, under subsection (4), a court is to act under new sections 252E and 252F if the circumstances mentioned in section 252E(1) apply.\n(sec.348-ssec.6) However, a court in its discretion need not act under new sections 252E and 252F if the child’s sentencing for the offence mentioned in new section 252E(1) has started but not ended before the repeal of old section 231 by the amending Act.\n- (a) the application expires; and\n- (b) if the child is in custody under a warrant issued under old section 231(4) or (5), the child must be released from custody under the warrant.","sortOrder":622},{"sectionNumber":"sec.349","sectionType":"section","heading":"Court may order transfer to prison","content":"### sec.349 Court may order transfer to prison\n\nSubsection (2) applies if an application has been made but not entirely dealt with on the repeal of old section 270.\nThe application must be dealt with, and if necessary reheard, under new section 276C.\nNew part 8, division 2A applies to all other matters relating to the serving of a period of detention as a term of imprisonment even if the relevant circumstances arose before the commencement of the division.\nFrom the repeal of the old section 270, an order made under the section is taken to be a transfer order made under new section 276C.\ns 349 ins 2009 No. 34 s 41\n(sec.349-ssec.1) Subsection (2) applies if an application has been made but not entirely dealt with on the repeal of old section 270.\n(sec.349-ssec.2) The application must be dealt with, and if necessary reheard, under new section 276C.\n(sec.349-ssec.3) New part 8, division 2A applies to all other matters relating to the serving of a period of detention as a term of imprisonment even if the relevant circumstances arose before the commencement of the division.\n(sec.349-ssec.4) From the repeal of the old section 270, an order made under the section is taken to be a transfer order made under new section 276C.","sortOrder":623},{"sectionNumber":"sec.350","sectionType":"section","heading":null,"content":"### Section sec.350\n\ns 350 ins 2009 No. 34 s 41\nom 2013 No. 39 s 109 sch 2","sortOrder":624},{"sectionNumber":"pt.11-div.7","sectionType":"division","heading":"Transitional provision for Criminal History Screening Legislation Amendment Act 2010","content":"## Transitional provision for Criminal History Screening Legislation Amendment Act 2010","sortOrder":625},{"sectionNumber":"sec.351","sectionType":"section","heading":"Effect of s 252I on particular warrants","content":"### sec.351 Effect of s 252I on particular warrants\n\nThis section applies in relation to a warrant issued for a child’s arrest under section 252I(1) before the commencement of the amendment of the section by the amending Act.\nSection 252I(7) as amended by the amending Act—\ndoes not apply in relation to the period of time spent by the child out of custody before the commencement of the amendment; but\ndoes apply in relation to the period of time spent by the child out of custody after the commencement of the amendment.\nIn this section—\namending Act means the Criminal History Screening Legislation Amendment Act 2010 .\ns 351 ins 2010 No. 5 s 245\n(sec.351-ssec.1) This section applies in relation to a warrant issued for a child’s arrest under section 252I(1) before the commencement of the amendment of the section by the amending Act.\n(sec.351-ssec.2) Section 252I(7) as amended by the amending Act— does not apply in relation to the period of time spent by the child out of custody before the commencement of the amendment; but does apply in relation to the period of time spent by the child out of custody after the commencement of the amendment.\n(sec.351-ssec.3) In this section— amending Act means the Criminal History Screening Legislation Amendment Act 2010 .\n- (a) does not apply in relation to the period of time spent by the child out of custody before the commencement of the amendment; but\n- (b) does apply in relation to the period of time spent by the child out of custody after the commencement of the amendment.","sortOrder":626},{"sectionNumber":"pt.11-div.8","sectionType":"division","heading":"Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010","content":"## Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010","sortOrder":627},{"sectionNumber":"sec.352","sectionType":"section","heading":"Particular amended provisions apply only to prosecutions commenced after commencement","content":"### sec.352 Particular amended provisions apply only to prosecutions commenced after commencement\n\nSections 8, 78 and 176, as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , apply in relation to an offence only if an originating step for a proceeding for the offence is taken on or after the commencement of this section.\nFor subsection (1), it does not matter when the offence was committed.\nIn this section—\noriginating step , for a proceeding, means—\nthe arrest of the defendant in the proceeding; or\nthe making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or\nthe serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382.\ns 352 ins 2010 No. 26 s 155\n(sec.352-ssec.1) Sections 8, 78 and 176, as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , apply in relation to an offence only if an originating step for a proceeding for the offence is taken on or after the commencement of this section.\n(sec.352-ssec.2) For subsection (1), it does not matter when the offence was committed.\n(sec.352-ssec.3) In this section— originating step , for a proceeding, means— the arrest of the defendant in the proceeding; or the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382.\n- (a) the arrest of the defendant in the proceeding; or\n- (b) the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or\n- (c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382.","sortOrder":628},{"sectionNumber":"pt.11-div.9","sectionType":"division","heading":"Transitional provision for Criminal Law Amendment Act 2012","content":"## Transitional provision for Criminal Law Amendment Act 2012","sortOrder":629},{"sectionNumber":"sec.353","sectionType":"section","heading":"Application of Criminal Code, s 305","content":"### sec.353 Application of Criminal Code, s 305\n\nThis section applies for the purpose of applying the Criminal Code, section 305(2), (3) and (4) to a child under section 176(6) of this Act.\nSection 305, as amended by the amendment Act, section 3, to the extent the amendment Act increases the minimum number of years of imprisonment to be served, applies only if—\nfor section 305(2)(a), at least 1 conviction of murder is for an offence committed after the commencement, even if the other offence or offences were committed before the commencement; or\nfor section 305(2)(b), either the conviction of murder is for, or the other offence of murder taken into account is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or\nfor section 305(2)(c), either the conviction of murder is for, or the other offence of murder for which the person has previously been sentenced is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or\nfor section 305(4), the conviction of murder is for an offence committed after the commencement.\nFor an offence mentioned in subsection (2) as having been committed before the commencement, for which there was a conviction, it does not matter whether the conviction was recorded before or after the commencement.\nThis section applies despite the Acts Interpretation Act 1954 , section 20C(3) and the Criminal Code, section 11.\nIn this section—\namendment Act means the Criminal Law Amendment Act 2012 .\ncommencement means the commencement of the amendment Act, section 3.\nminimum number of years of imprisonment to be served means the minimum number of years of imprisonment a person must serve before the person may be released from imprisonment under an order made under the Criminal Code, section 305 by the court sentencing the person.\ns 353 ins 2012 No. 19 s 24\n(sec.353-ssec.1) This section applies for the purpose of applying the Criminal Code, section 305(2), (3) and (4) to a child under section 176(6) of this Act.\n(sec.353-ssec.2) Section 305, as amended by the amendment Act, section 3, to the extent the amendment Act increases the minimum number of years of imprisonment to be served, applies only if— for section 305(2)(a), at least 1 conviction of murder is for an offence committed after the commencement, even if the other offence or offences were committed before the commencement; or for section 305(2)(b), either the conviction of murder is for, or the other offence of murder taken into account is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or for section 305(2)(c), either the conviction of murder is for, or the other offence of murder for which the person has previously been sentenced is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or for section 305(4), the conviction of murder is for an offence committed after the commencement.\n(sec.353-ssec.3) For an offence mentioned in subsection (2) as having been committed before the commencement, for which there was a conviction, it does not matter whether the conviction was recorded before or after the commencement.\n(sec.353-ssec.4) This section applies despite the Acts Interpretation Act 1954 , section 20C(3) and the Criminal Code, section 11.\n(sec.353-ssec.5) In this section— amendment Act means the Criminal Law Amendment Act 2012 . commencement means the commencement of the amendment Act, section 3. minimum number of years of imprisonment to be served means the minimum number of years of imprisonment a person must serve before the person may be released from imprisonment under an order made under the Criminal Code, section 305 by the court sentencing the person.\n- (a) for section 305(2)(a), at least 1 conviction of murder is for an offence committed after the commencement, even if the other offence or offences were committed before the commencement; or\n- (b) for section 305(2)(b), either the conviction of murder is for, or the other offence of murder taken into account is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or\n- (c) for section 305(2)(c), either the conviction of murder is for, or the other offence of murder for which the person has previously been sentenced is for, an offence committed after the commencement, even if one of those offences was committed before the commencement; or\n- (d) for section 305(4), the conviction of murder is for an offence committed after the commencement.","sortOrder":630},{"sectionNumber":"pt.11-div.10","sectionType":"division","heading":"Transitional provisions for Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012","content":"## Transitional provisions for Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012","sortOrder":631},{"sectionNumber":"sec.354","sectionType":"section","heading":"Definitions for div 10","content":"### sec.354 Definitions for div 10\n\nIn this division—\namending act means the Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012 .\ncommencement means the commencement of the provision in which the term is used.\ns 354 ins 2012 No. 41 s 45","sortOrder":632},{"sectionNumber":"sec.355","sectionType":"section","heading":"Application of provisions about destruction of identifying particulars taken under court order","content":"### sec.355 Application of provisions about destruction of identifying particulars taken under court order\n\nThis section applies for deciding the end of the proceeding for section 27 in relation to the referral of an offence to a conference under section 161(3)(a)(i) before the commencement.\nSection 27(5) as in force immediately before the commencement continues to apply after the commencement to decide the end of the proceeding.\ns 355 ins 2012 No. 41 s 45\n(sec.355-ssec.1) This section applies for deciding the end of the proceeding for section 27 in relation to the referral of an offence to a conference under section 161(3)(a)(i) before the commencement.\n(sec.355-ssec.2) Section 27(5) as in force immediately before the commencement continues to apply after the commencement to decide the end of the proceeding.","sortOrder":633},{"sectionNumber":"sec.356","sectionType":"section","heading":"Application of provisions about referral by court for a conference","content":"### sec.356 Application of provisions about referral by court for a conference\n\nThis section applies to a referral by a court to a coordinator for a conference made under section 161 as in force immediately before the commencement.\nPart 7, division 2 as in force immediately before the commencement continues to apply to the offence as if the amending Act had not commenced.\nDespite subsection (2)—\na reference in part 7, division 2 to a coordinator is taken to be a reference to the chief executive; and\nfor the purposes of any function, power or obligation that the coordinator may or is required to exercise, the chief executive may or must exercise that function, power or obligation.\ns 356 ins 2012 No. 41 s 45\n(sec.356-ssec.1) This section applies to a referral by a court to a coordinator for a conference made under section 161 as in force immediately before the commencement.\n(sec.356-ssec.2) Part 7, division 2 as in force immediately before the commencement continues to apply to the offence as if the amending Act had not commenced.\n(sec.356-ssec.3) Despite subsection (2)— a reference in part 7, division 2 to a coordinator is taken to be a reference to the chief executive; and for the purposes of any function, power or obligation that the coordinator may or is required to exercise, the chief executive may or must exercise that function, power or obligation.\n- (a) a reference in part 7, division 2 to a coordinator is taken to be a reference to the chief executive; and\n- (b) for the purposes of any function, power or obligation that the coordinator may or is required to exercise, the chief executive may or must exercise that function, power or obligation.","sortOrder":634},{"sectionNumber":"sec.357","sectionType":"section","heading":"Application of provisions about boot camp order","content":"### sec.357 Application of provisions about boot camp order\n\nA court may make a boot camp order against a child sentenced after the commencement.\nSubsection (1) applies even if one or both the following happened before the commencement—\nthe commission of the offence;\nthe start of the proceeding for the offence.\ns 357 ins 2012 No. 41 s 45\n(sec.357-ssec.1) A court may make a boot camp order against a child sentenced after the commencement.\n(sec.357-ssec.2) Subsection (1) applies even if one or both the following happened before the commencement— the commission of the offence; the start of the proceeding for the offence.\n- (a) the commission of the offence;\n- (b) the start of the proceeding for the offence.","sortOrder":635},{"sectionNumber":"pt.11-div.11","sectionType":"division","heading":"Transitional provisions for Youth Justice and Other Legislation Amendment Act 2014","content":"## Transitional provisions for Youth Justice and Other Legislation Amendment Act 2014","sortOrder":636},{"sectionNumber":"sec.358","sectionType":"section","heading":"Definitions for div 11","content":"### sec.358 Definitions for div 11\n\nIn this division—\namending Act means the Youth Justice and Other Legislation Amendment Act 2014 .\ncommencement means the commencement of this section.\npre-amended Act means the Youth Justice Act 1992 as in force immediately before the commencement.\ns 358 ins 2014 No. 9 s 24","sortOrder":637},{"sectionNumber":"sec.358A","sectionType":"section","heading":"Uncommenced applications for review of sentence orders","content":"### sec.358A Uncommenced applications for review of sentence orders\n\nThis section applies to a person if—\nbefore the commencement, the person could make an application for a review to the Childrens Court under the pre-amended Act, section 118, in relation to a sentence order; but\nthe person had not made an application before the commencement.\nDespite the repeal of part 6, division 9, subdivision 4 by the amending Act—\nthe person may apply for a review of the sentence order under the pre-amended Act; and\nthe pre-amended Act, part 6, division 9, subdivision 4 applies in relation to the review.\ns 358A ins 2014 No. 9 s 24\n(sec.358A-ssec.1) This section applies to a person if— before the commencement, the person could make an application for a review to the Childrens Court under the pre-amended Act, section 118, in relation to a sentence order; but the person had not made an application before the commencement.\n(sec.358A-ssec.2) Despite the repeal of part 6, division 9, subdivision 4 by the amending Act— the person may apply for a review of the sentence order under the pre-amended Act; and the pre-amended Act, part 6, division 9, subdivision 4 applies in relation to the review.\n- (a) before the commencement, the person could make an application for a review to the Childrens Court under the pre-amended Act, section 118, in relation to a sentence order; but\n- (b) the person had not made an application before the commencement.\n- (a) the person may apply for a review of the sentence order under the pre-amended Act; and\n- (b) the pre-amended Act, part 6, division 9, subdivision 4 applies in relation to the review.","sortOrder":638},{"sectionNumber":"sec.359","sectionType":"section","heading":"Evidence of childhood finding of guilt","content":"### sec.359 Evidence of childhood finding of guilt\n\nThis section applies to a proceeding against an adult for an offence.\nThis Act, as amended by the amending Act, applies even if 1 or both of the following happened before the commencement—\nthe commission of the offence;\nthe start of the proceeding for the offence.\ns 359 ins 2014 No. 9 s 24\n(sec.359-ssec.1) This section applies to a proceeding against an adult for an offence.\n(sec.359-ssec.2) This Act, as amended by the amending Act, applies even if 1 or both of the following happened before the commencement— the commission of the offence; the start of the proceeding for the offence.\n- (a) the commission of the offence;\n- (b) the start of the proceeding for the offence.","sortOrder":639},{"sectionNumber":"sec.360","sectionType":"section","heading":"Detention orders and sentencing principles","content":"### sec.360 Detention orders and sentencing principles\n\nThis section applies to a child who is found guilty of an offence after the commencement.\nThis Act, as amended by the amending Act, applies even if 1 or both of the following happened before the commencement—\nthe commission of the offence;\nthe start of the proceeding for the offence.\ns 360 ins 2014 No. 9 s 24\n(sec.360-ssec.1) This section applies to a child who is found guilty of an offence after the commencement.\n(sec.360-ssec.2) This Act, as amended by the amending Act, applies even if 1 or both of the following happened before the commencement— the commission of the offence; the start of the proceeding for the offence.\n- (a) the commission of the offence;\n- (b) the start of the proceeding for the offence.","sortOrder":640},{"sectionNumber":"sec.361","sectionType":"section","heading":"Publication of identifying information","content":"### sec.361 Publication of identifying information\n\nThis Act, as amended by the amending Act, applies to a proceeding against a child or first-time offender for an offence started before the commencement.\ns 361 ins 2014 No. 9 s 24","sortOrder":641},{"sectionNumber":"sec.362","sectionType":"section","heading":"Court’s power on particular proceedings","content":"### sec.362 Court’s power on particular proceedings\n\nThis Act, as amended by the amending Act, applies to a proceeding against a child under the pre-amended Act, section 245, 246 or 246A that is started before the commencement.\ns 362 ins 2014 No. 9 s 24","sortOrder":642},{"sectionNumber":"sec.363","sectionType":"section","heading":"Application of amendments about transfer direction for a child who will turn 17 years","content":"### sec.363 Application of amendments about transfer direction for a child who will turn 17 years\n\nThis section applies to a child who—\nis subject to a detention order made after the commencement; or\nat the commencement—\nis serving a period of detention; and\nduring the period of detention, will turn 17 years; and\non the transfer day, will have 6 months or more to be served in detention.\nSubject to subsection (2A), this Act applies to the child even if 1 or both of the following happened before the commencement—\nthe commission of the offence for which the child is subject to a detention order or is serving a period of detention;\nthe start of the proceeding for the offence.\nA requirement under section 276C(1) to give a prison transfer direction within 28 days after the child is sentenced to serve a period of detention is taken to be a requirement to give a prison transfer direction before, or as soon as practicable after, the commencement of this subsection.\nIn this section—\ntransfer day see section 276B.\ns 363 ins 2014 No. 9 s 24\namd 2014 No. 22 s 285\n(sec.363-ssec.1) This section applies to a child who— is subject to a detention order made after the commencement; or at the commencement— is serving a period of detention; and during the period of detention, will turn 17 years; and on the transfer day, will have 6 months or more to be served in detention.\n(sec.363-ssec.2) Subject to subsection (2A), this Act applies to the child even if 1 or both of the following happened before the commencement— the commission of the offence for which the child is subject to a detention order or is serving a period of detention; the start of the proceeding for the offence.\n(sec.363-ssec.2A) A requirement under section 276C(1) to give a prison transfer direction within 28 days after the child is sentenced to serve a period of detention is taken to be a requirement to give a prison transfer direction before, or as soon as practicable after, the commencement of this subsection.\n(sec.363-ssec.3) In this section— transfer day see section 276B.\n- (a) is subject to a detention order made after the commencement; or\n- (b) at the commencement— (i) is serving a period of detention; and (ii) during the period of detention, will turn 17 years; and (iii) on the transfer day, will have 6 months or more to be served in detention.\n- (i) is serving a period of detention; and\n- (ii) during the period of detention, will turn 17 years; and\n- (iii) on the transfer day, will have 6 months or more to be served in detention.\n- (i) is serving a period of detention; and\n- (ii) during the period of detention, will turn 17 years; and\n- (iii) on the transfer day, will have 6 months or more to be served in detention.\n- (a) the commission of the offence for which the child is subject to a detention order or is serving a period of detention;\n- (b) the start of the proceeding for the offence.","sortOrder":643},{"sectionNumber":"sec.364","sectionType":"section","heading":"Application of amendments about transfer direction for a person who is 17 years","content":"### sec.364 Application of amendments about transfer direction for a person who is 17 years\n\nThis section applies to a person who, at the commencement—\nis 17 years or more and is serving a period of detention; and\nis not subject to an order made under the pre-amended Act, section 276B or 276C; and\nwill have 6 months or more to be served in detention.\nThe chief executive must, as soon as practicable after the commencement, comply with section 276C.\nFor subsection (2)—\na reference in section 276C to a child includes a reference to the person; and\na requirement under section 276C(1) to give a prison transfer direction within 28 days after the person is sentenced to serve a period of detention is taken to be a requirement to give a prison transfer direction before, or as soon as practicable after, the commencement of this subsection; and\na reference in section 276C(2) and (3) to the transfer day is, for the person, taken to be a reference to the commencement of this subsection; and\na reference in section 276C(2) to the unserved period of detention is, for the person, taken to be a reference to the part of the period of detention that the person would have to serve under a detention order if the prison transfer direction was not given.\ns 364 ins 2014 No. 9 s 24\namd 2014 No. 22 s 286\n(sec.364-ssec.1) This section applies to a person who, at the commencement— is 17 years or more and is serving a period of detention; and is not subject to an order made under the pre-amended Act, section 276B or 276C; and will have 6 months or more to be served in detention.\n(sec.364-ssec.2) The chief executive must, as soon as practicable after the commencement, comply with section 276C.\n(sec.364-ssec.3) For subsection (2)— a reference in section 276C to a child includes a reference to the person; and a requirement under section 276C(1) to give a prison transfer direction within 28 days after the person is sentenced to serve a period of detention is taken to be a requirement to give a prison transfer direction before, or as soon as practicable after, the commencement of this subsection; and a reference in section 276C(2) and (3) to the transfer day is, for the person, taken to be a reference to the commencement of this subsection; and a reference in section 276C(2) to the unserved period of detention is, for the person, taken to be a reference to the part of the period of detention that the person would have to serve under a detention order if the prison transfer direction was not given.\n- (a) is 17 years or more and is serving a period of detention; and\n- (b) is not subject to an order made under the pre-amended Act, section 276B or 276C; and\n- (c) will have 6 months or more to be served in detention.\n- (a) a reference in section 276C to a child includes a reference to the person; and\n- (b) a requirement under section 276C(1) to give a prison transfer direction within 28 days after the person is sentenced to serve a period of detention is taken to be a requirement to give a prison transfer direction before, or as soon as practicable after, the commencement of this subsection; and\n- (c) a reference in section 276C(2) and (3) to the transfer day is, for the person, taken to be a reference to the commencement of this subsection; and\n- (d) a reference in section 276C(2) to the unserved period of detention is, for the person, taken to be a reference to the part of the period of detention that the person would have to serve under a detention order if the prison transfer direction was not given.","sortOrder":644},{"sectionNumber":"sec.365","sectionType":"section","heading":"Applications not granted before commencement","content":"### sec.365 Applications not granted before commencement\n\nThis section applies to an application made under the pre-amended Act, section 276C or 276E but not granted before the commencement.\nThe application is taken to have never been made.\ns 365 ins 2014 No. 9 s 24\n(sec.365-ssec.1) This section applies to an application made under the pre-amended Act, section 276C or 276E but not granted before the commencement.\n(sec.365-ssec.2) The application is taken to have never been made.","sortOrder":645},{"sectionNumber":"sec.366","sectionType":"section","heading":"Orders made before commencement","content":"### sec.366 Orders made before commencement\n\nA transfer order made under the pre-amended Act, section 276B or 276C in relation to a person, and in force immediately before the commencement, continues to apply to the person.\ns 366 ins 2014 No. 9 s 24","sortOrder":646},{"sectionNumber":"sec.367","sectionType":"section","heading":"Application of provisions about boot camp (vehicle offences) order","content":"### sec.367 Application of provisions about boot camp (vehicle offences) order\n\nA court may make a boot camp (vehicle offences) order for a recidivist vehicle offender found guilty of a vehicle offence after the commencement.\nSubsection (1) applies even if 1 or both of the following happened before the commencement—\nthe commission of the vehicle offence;\nthe start of the proceeding for the offence.\ns 367 ins 2014 No. 9 s 24\n(sec.367-ssec.1) A court may make a boot camp (vehicle offences) order for a recidivist vehicle offender found guilty of a vehicle offence after the commencement.\n(sec.367-ssec.2) Subsection (1) applies even if 1 or both of the following happened before the commencement— the commission of the vehicle offence; the start of the proceeding for the offence.\n- (a) the commission of the vehicle offence;\n- (b) the start of the proceeding for the offence.","sortOrder":647},{"sectionNumber":"pt.11-div.12","sectionType":"division","heading":"Transitional provision for Criminal Law (Domestic Violence) Amendment Act 2016","content":"## Transitional provision for Criminal Law (Domestic Violence) Amendment Act 2016","sortOrder":648},{"sectionNumber":"sec.368","sectionType":"section","heading":"Sentencing submissions","content":"### sec.368 Sentencing submissions\n\nThe amendments made to section 150 by the Criminal Law (Domestic Violence) Amendment Act 2016 apply in relation to sentencing a child even if the offence or conviction happened before the commencement.\ns 368 ins 2016 No. 16 s 10","sortOrder":649},{"sectionNumber":"pt.11-div.12A","sectionType":"division","heading":"Transitional provision for Health and Other Legislation Amendment Act 2016","content":"## Transitional provision for Health and Other Legislation Amendment Act 2016","sortOrder":650},{"sectionNumber":"sec.368A","sectionType":"section","heading":"Particular definitions are taken to include reference to Criminal Code, s 208","content":"### sec.368A Particular definitions are taken to include reference to Criminal Code, s 208\n\nThe following apply as if each provision included a reference to the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 —\ndefinition offence of a sexual nature in section 170(4);\ndefinition disqualifying offence in section 226C(4).\ns 368A (prev s 369) ins 2016 No. 50 s 40 sch 1\nrenum 2017 No. 6 s 75 sch 1\n- (a) definition offence of a sexual nature in section 170(4);\n- (b) definition disqualifying offence in section 226C(4).","sortOrder":651},{"sectionNumber":"pt.11-div.13","sectionType":"division","heading":"Transitional provisions for Youth Justice and Other Legislation Amendment Act (No. 1) 2016","content":"## Transitional provisions for Youth Justice and Other Legislation Amendment Act (No. 1) 2016","sortOrder":652},{"sectionNumber":"sec.369","sectionType":"section","heading":"Definitions for div 13","content":"### sec.369 Definitions for div 13\n\nIn this division—\namending Act means the Youth Justice and Other Legislation Amendment Act (No. 1) 2016 .\nrepealed , in relation to a provision, means the provision as in force immediately before its repeal.\ns 369 ins 2016 No. 38 s 55","sortOrder":653},{"sectionNumber":"sec.370","sectionType":"section","heading":"Boot camp (vehicle offences) order existing immediately before commencement","content":"### sec.370 Boot camp (vehicle offences) order existing immediately before commencement\n\nThis section applies if immediately before the commencement a child was subject to a boot camp (vehicle offences) order made under repealed section 206A.\nSubject to subdivision 3, the boot camp (vehicle offences) order continues to have effect as if the amending Act had not been enacted.\ns 370 ins 2016 No. 38 s 55\n(sec.370-ssec.1) This section applies if immediately before the commencement a child was subject to a boot camp (vehicle offences) order made under repealed section 206A.\n(sec.370-ssec.2) Subject to subdivision 3, the boot camp (vehicle offences) order continues to have effect as if the amending Act had not been enacted.","sortOrder":654},{"sectionNumber":"sec.371","sectionType":"section","heading":"Boot camp order existing immediately before commencement","content":"### sec.371 Boot camp order existing immediately before commencement\n\nThis section applies if immediately before the commencement a child was subject to a boot camp order made under repealed section 226B.\nSubject to subdivision 3, the boot camp order continues to have effect as if the amending Act had not been enacted.\ns 371 ins 2016 No. 38 s 55\n(sec.371-ssec.1) This section applies if immediately before the commencement a child was subject to a boot camp order made under repealed section 226B.\n(sec.371-ssec.2) Subject to subdivision 3, the boot camp order continues to have effect as if the amending Act had not been enacted.","sortOrder":655},{"sectionNumber":"sec.372","sectionType":"section","heading":"Purpose of sdiv 3","content":"### sec.372 Purpose of sdiv 3\n\nThe purpose of this subdivision is to provide for the proceedings that apply and the orders that may be made for—\ncontravention of a boot camp (vehicle offences) order continued under section 370 or a boot camp order continued under section 371; or\nvariation, discharge and resentencing in relation to a boot camp (vehicle offences) order continued under section 370; or\nrevocation and resentencing in relation to a boot camp order continued under section 371.\nThis subdivision applies whether the contravention of the order is alleged to have happened before or after the commencement.\ns 372 ins 2016 No. 38 s 55\n(sec.372-ssec.1) The purpose of this subdivision is to provide for the proceedings that apply and the orders that may be made for— contravention of a boot camp (vehicle offences) order continued under section 370 or a boot camp order continued under section 371; or variation, discharge and resentencing in relation to a boot camp (vehicle offences) order continued under section 370; or revocation and resentencing in relation to a boot camp order continued under section 371.\n(sec.372-ssec.2) This subdivision applies whether the contravention of the order is alleged to have happened before or after the commencement.\n- (a) contravention of a boot camp (vehicle offences) order continued under section 370 or a boot camp order continued under section 371; or\n- (b) variation, discharge and resentencing in relation to a boot camp (vehicle offences) order continued under section 370; or\n- (c) revocation and resentencing in relation to a boot camp order continued under section 371.","sortOrder":656},{"sectionNumber":"sec.373","sectionType":"section","heading":"Application of pt 7, div 13","content":"### sec.373 Application of pt 7, div 13\n\nPart 7, division 13, other than sections 245, 246, 247(1), 248 and 249, applies in relation to a boot camp (vehicle offences) order continued under section 370 as if—\na reference to a community based order included a reference to a boot camp (vehicle offences) order continued under section 370; and\na reference to section 245 in sections 240, 241, 242 and 244 were a reference to section 376; and\na reference to section 245(1)(d)(ii) in section 243 were a reference to section 376.\nPart 7, division 13, other than sections 245, 246, 247(1), 248, 249 and 252, applies in relation to a boot camp order continued under section 371 as if—\na reference to a community based order included a reference to a boot camp order continued under section 371; and\na reference to section 245 in sections 240, 241, 242 and 244 were a reference to section 377; and\na reference to section 245(1)(d)(ii) in section 243 were a reference to section 377.\ns 373 ins 2016 No. 38 s 55\n(sec.373-ssec.1) Part 7, division 13, other than sections 245, 246, 247(1), 248 and 249, applies in relation to a boot camp (vehicle offences) order continued under section 370 as if— a reference to a community based order included a reference to a boot camp (vehicle offences) order continued under section 370; and a reference to section 245 in sections 240, 241, 242 and 244 were a reference to section 376; and a reference to section 245(1)(d)(ii) in section 243 were a reference to section 376.\n(sec.373-ssec.2) Part 7, division 13, other than sections 245, 246, 247(1), 248, 249 and 252, applies in relation to a boot camp order continued under section 371 as if— a reference to a community based order included a reference to a boot camp order continued under section 371; and a reference to section 245 in sections 240, 241, 242 and 244 were a reference to section 377; and a reference to section 245(1)(d)(ii) in section 243 were a reference to section 377.\n- (a) a reference to a community based order included a reference to a boot camp (vehicle offences) order continued under section 370; and\n- (b) a reference to section 245 in sections 240, 241, 242 and 244 were a reference to section 376; and\n- (c) a reference to section 245(1)(d)(ii) in section 243 were a reference to section 376.\n- (a) a reference to a community based order included a reference to a boot camp order continued under section 371; and\n- (b) a reference to section 245 in sections 240, 241, 242 and 244 were a reference to section 377; and\n- (c) a reference to section 245(1)(d)(ii) in section 243 were a reference to section 377.","sortOrder":657},{"sectionNumber":"sec.374","sectionType":"section","heading":"Application of s 237","content":"### sec.374 Application of s 237\n\nThis section applies if a child is subject to a boot camp (vehicle offences) order continued under section 370 or a boot camp order continued under section 371.\nDespite section 373, section 237(2) does not apply in relation to the child if the chief executive reasonably believes the child has contravened the order by leaving the boot camp centre stated in the order without the chief executive’s written consent.\ns 374 ins 2016 No. 38 s 55\n(sec.374-ssec.1) This section applies if a child is subject to a boot camp (vehicle offences) order continued under section 370 or a boot camp order continued under section 371.\n(sec.374-ssec.2) Despite section 373, section 237(2) does not apply in relation to the child if the chief executive reasonably believes the child has contravened the order by leaving the boot camp centre stated in the order without the chief executive’s written consent.","sortOrder":658},{"sectionNumber":"sec.375","sectionType":"section","heading":"Application of s 238","content":"### sec.375 Application of s 238\n\nThis section applies if a child is subject to a boot camp (vehicle offences) order continued under section 370 or a boot camp order continued under section 371.\nFor section 238(6), in addition to the matters mentioned in section 238(6)(b)(ii), the chief executive may also give information to the justice, on oath, substantiating that the chief executive reasonably believes the child has contravened the order by leaving the boot camp centre stated in the order without the chief executive’s written consent.\ns 375 ins 2016 No. 38 s 55\n(sec.375-ssec.1) This section applies if a child is subject to a boot camp (vehicle offences) order continued under section 370 or a boot camp order continued under section 371.\n(sec.375-ssec.2) For section 238(6), in addition to the matters mentioned in section 238(6)(b)(ii), the chief executive may also give information to the justice, on oath, substantiating that the chief executive reasonably believes the child has contravened the order by leaving the boot camp centre stated in the order without the chief executive’s written consent.","sortOrder":659},{"sectionNumber":"sec.376","sectionType":"section","heading":"Court’s power on breach of boot camp (vehicle offences) order","content":"### sec.376 Court’s power on breach of boot camp (vehicle offences) order\n\nA court that acts under this section may revoke a boot camp (vehicle offences) order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence.\nIn resentencing the child the court must have regard to—\nthe reasons for making the boot camp (vehicle offences) order; and\nanything done by the child in compliance with the order.\nIf the court makes a community based order for the child under subsection (1), the court must have regard to the period the child complied with the boot camp (vehicle offences) order.\nThe court may resentence the child under this section even though it is unnecessary to revoke the boot camp (vehicle offences) order because the period the order was in force has ended.\nFor part 6, division 9, subdivision 4, an order mentioned in this section and made by a Childrens Court magistrate is a sentence order.\ns 376 ins 2016 No. 38 s 55\n(sec.376-ssec.1) A court that acts under this section may revoke a boot camp (vehicle offences) order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of that offence.\n(sec.376-ssec.2) In resentencing the child the court must have regard to— the reasons for making the boot camp (vehicle offences) order; and anything done by the child in compliance with the order.\n(sec.376-ssec.3) If the court makes a community based order for the child under subsection (1), the court must have regard to the period the child complied with the boot camp (vehicle offences) order.\n(sec.376-ssec.4) The court may resentence the child under this section even though it is unnecessary to revoke the boot camp (vehicle offences) order because the period the order was in force has ended.\n(sec.376-ssec.5) For part 6, division 9, subdivision 4, an order mentioned in this section and made by a Childrens Court magistrate is a sentence order.\n- (a) the reasons for making the boot camp (vehicle offences) order; and\n- (b) anything done by the child in compliance with the order.","sortOrder":660},{"sectionNumber":"sec.377","sectionType":"section","heading":"Court’s power on breach of boot camp order","content":"### sec.377 Court’s power on breach of boot camp order\n\nA court that acts under this section may revoke a boot camp order and make either of the following orders—\nan order the child serve the sentence of detention for which the boot camp order was made;\na conditional release order for the child.\nIf the court orders the child to serve the sentence of detention under subsection (1)(a), the court must reduce the period of detention by the period the court considers just, having regard to everything done by the child to conform with the boot camp order.\nIf the court makes a conditional release order for the child under subsection (1)(b), the court must have regard to the period for which the child has complied with the boot camp order.\nThe court may make an order under this section even though it is unnecessary to revoke the boot camp order because the period the order was in force has ended.\nFor part 6, division 9, subdivision 4, an order mentioned in this section and made by a Childrens Court magistrate is a sentence order.\ns 377 ins 2016 No. 38 s 55\n(sec.377-ssec.1) A court that acts under this section may revoke a boot camp order and make either of the following orders— an order the child serve the sentence of detention for which the boot camp order was made; a conditional release order for the child.\n(sec.377-ssec.2) If the court orders the child to serve the sentence of detention under subsection (1)(a), the court must reduce the period of detention by the period the court considers just, having regard to everything done by the child to conform with the boot camp order.\n(sec.377-ssec.3) If the court makes a conditional release order for the child under subsection (1)(b), the court must have regard to the period for which the child has complied with the boot camp order.\n(sec.377-ssec.4) The court may make an order under this section even though it is unnecessary to revoke the boot camp order because the period the order was in force has ended.\n(sec.377-ssec.5) For part 6, division 9, subdivision 4, an order mentioned in this section and made by a Childrens Court magistrate is a sentence order.\n- (a) an order the child serve the sentence of detention for which the boot camp order was made;\n- (b) a conditional release order for the child.","sortOrder":661},{"sectionNumber":"sec.378","sectionType":"section","heading":"Continued boot camp (vehicle offences) order—variation, discharge and resentence","content":"### sec.378 Continued boot camp (vehicle offences) order—variation, discharge and resentence\n\nIf a child is subject to a boot camp (vehicle offences) order continued under section 370, the child or the chief executive may apply to the court that made the order to—\nvary the requirements of the order, other than the requirement that the child abstain from violence; or\ndischarge the order; or\ndischarge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of the offence.\nSection 247(2) to (4) apply to an application made under this section.\nSection 247(5) applies to an order made under this section.\ns 378 ins 2016 No. 38 s 55\n(sec.378-ssec.1) If a child is subject to a boot camp (vehicle offences) order continued under section 370, the child or the chief executive may apply to the court that made the order to— vary the requirements of the order, other than the requirement that the child abstain from violence; or discharge the order; or discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of the offence.\n(sec.378-ssec.2) Section 247(2) to (4) apply to an application made under this section.\n(sec.378-ssec.3) Section 247(5) applies to an order made under this section.\n- (a) vary the requirements of the order, other than the requirement that the child abstain from violence; or\n- (b) discharge the order; or\n- (c) discharge the order and resentence the child for the offence for which the order was made as if the child had just been found guilty before the court of the offence.","sortOrder":662},{"sectionNumber":"sec.379","sectionType":"section","heading":"Continued boot camp order—revocation and resentence","content":"### sec.379 Continued boot camp order—revocation and resentence\n\nIf a child is subject to a boot camp order continued under section 371, the child or the chief executive may apply to the court that made the order to revoke the order and make either of the following orders—\nan order the child serve the sentence of detention for which the boot camp order was made;\na conditional release order.\nSection 247(2) to (4) apply to an application made under this section.\nSection 247(5) applies to an order made under this section.\ns 379 ins 2016 No. 38 s 55\n(sec.379-ssec.1) If a child is subject to a boot camp order continued under section 371, the child or the chief executive may apply to the court that made the order to revoke the order and make either of the following orders— an order the child serve the sentence of detention for which the boot camp order was made; a conditional release order.\n(sec.379-ssec.2) Section 247(2) to (4) apply to an application made under this section.\n(sec.379-ssec.3) Section 247(5) applies to an order made under this section.\n- (a) an order the child serve the sentence of detention for which the boot camp order was made;\n- (b) a conditional release order.","sortOrder":663},{"sectionNumber":"sec.380","sectionType":"section","heading":"Court may not make boot camp (vehicle offences) order or boot camp order after commencement","content":"### sec.380 Court may not make boot camp (vehicle offences) order or boot camp order after commencement\n\nIn sentencing a child after the commencement a court may not make a boot camp (vehicle offences) order or a boot camp order against the child.\nSubsection (1) applies—\nwhether the offence or the conviction of the offence happened before or after the commencement; or\nfor a boot camp (vehicle offences) order—whether or not a pre-sentence report was ordered by the court, prepared by the chief executive or received by the court under repealed section 176B before the commencement; or\nfor a boot camp order—whether or not a pre-sentence report was requested by the court under repealed section 151(3A) before the commencement.\ns 380 ins 2016 No. 38 s 55\n(sec.380-ssec.1) In sentencing a child after the commencement a court may not make a boot camp (vehicle offences) order or a boot camp order against the child.\n(sec.380-ssec.2) Subsection (1) applies— whether the offence or the conviction of the offence happened before or after the commencement; or for a boot camp (vehicle offences) order—whether or not a pre-sentence report was ordered by the court, prepared by the chief executive or received by the court under repealed section 176B before the commencement; or for a boot camp order—whether or not a pre-sentence report was requested by the court under repealed section 151(3A) before the commencement.\n- (a) whether the offence or the conviction of the offence happened before or after the commencement; or\n- (b) for a boot camp (vehicle offences) order—whether or not a pre-sentence report was ordered by the court, prepared by the chief executive or received by the court under repealed section 176B before the commencement; or\n- (c) for a boot camp order—whether or not a pre-sentence report was requested by the court under repealed section 151(3A) before the commencement.","sortOrder":664},{"sectionNumber":"sec.381","sectionType":"section","heading":"Offence committed while on bail","content":"### sec.381 Offence committed while on bail\n\nThis section applies if—\nbefore the commencement a child was charged with an offence under repealed section 59A; and\nat the commencement the charge of the offence has not been finally dealt with in any of the following ways—\nthe charge has been withdrawn;\nthe charge has been dismissed by the court;\nthe child has been discharged;\nthe child has been acquitted;\nthe child has been found guilty of, and sentenced for, the offence.\nThe child can not be prosecuted for, or further prosecuted for, or convicted of, or punished for, the offence.\ns 381 ins 2016 No. 38 s 55\n(sec.381-ssec.1) This section applies if— before the commencement a child was charged with an offence under repealed section 59A; and at the commencement the charge of the offence has not been finally dealt with in any of the following ways— the charge has been withdrawn; the charge has been dismissed by the court; the child has been discharged; the child has been acquitted; the child has been found guilty of, and sentenced for, the offence.\n(sec.381-ssec.2) The child can not be prosecuted for, or further prosecuted for, or convicted of, or punished for, the offence.\n- (a) before the commencement a child was charged with an offence under repealed section 59A; and\n- (b) at the commencement the charge of the offence has not been finally dealt with in any of the following ways— (i) the charge has been withdrawn; (ii) the charge has been dismissed by the court; (iii) the child has been discharged; (iv) the child has been acquitted; (v) the child has been found guilty of, and sentenced for, the offence.\n- (i) the charge has been withdrawn;\n- (ii) the charge has been dismissed by the court;\n- (iii) the child has been discharged;\n- (iv) the child has been acquitted;\n- (v) the child has been found guilty of, and sentenced for, the offence.\n- (i) the charge has been withdrawn;\n- (ii) the charge has been dismissed by the court;\n- (iii) the child has been discharged;\n- (iv) the child has been acquitted;\n- (v) the child has been found guilty of, and sentenced for, the offence.","sortOrder":665},{"sectionNumber":"sec.382","sectionType":"section","heading":"Childhood finding of guilt","content":"### sec.382 Childhood finding of guilt\n\nSection 148, as amended by the amending Act, applies to the sentencing of an adult after the commencement whether the offence the subject of the sentencing happened before or after the commencement.\ns 382 ins 2016 No. 38 s 55","sortOrder":666},{"sectionNumber":"sec.383","sectionType":"section","heading":"Sentence review","content":"### sec.383 Sentence review\n\nA Childrens Court judge may conduct a review under section 118 whether the sentence order subject of the review was made before or after the commencement.\nSubsection (1) applies subject to section 119(2).\ns 383 ins 2016 No. 38 s 55\n(sec.383-ssec.1) A Childrens Court judge may conduct a review under section 118 whether the sentence order subject of the review was made before or after the commencement.\n(sec.383-ssec.2) Subsection (1) applies subject to section 119(2).","sortOrder":667},{"sectionNumber":"sec.384","sectionType":"section","heading":"Sentencing principles","content":"### sec.384 Sentencing principles\n\nSection 150, as amended by the amending Act, applies to the sentencing of a child after the commencement whether the offence or conviction happened before or after the commencement.\ns 384 ins 2016 No. 38 s 55","sortOrder":668},{"sectionNumber":"sec.385","sectionType":"section","heading":"Publication of identifying information about child","content":"### sec.385 Publication of identifying information about child\n\nSections 234 and 301, as amended by the amending Act, apply to identifying information about a child whether or not the identifying information was the subject of an order under repealed section 299A.\ns 385 ins 2016 No. 38 s 55","sortOrder":669},{"sectionNumber":"pt.11-div.14","sectionType":"division","heading":"Transitional provision for the Youth Justice and Other Legislation Amendment Act (No. 2) 2016","content":"## Transitional provision for the Youth Justice and Other Legislation Amendment Act (No. 2) 2016","sortOrder":670},{"sectionNumber":"sec.386","sectionType":"section","heading":"Application of Act to matters before commencement","content":"### sec.386 Application of Act to matters before commencement\n\nThe provisions of this Act, as in force after the commencement of the amendments, apply to incomplete proceedings under this Act.\nTo remove any doubt, it is declared that the requirements for transferring a detainee to a corrective services facility under this Act apply to—\na detainee who turns 18 years on or after the commencement of the amendments, regardless of when the detainee’s period of detention started; and\na person sentenced for an offence, or returned to detention in relation to an offence, after the commencement of the amendments, regardless of when the person committed the offence, was charged with the offence or criminal proceedings for the offence were started.\nA prison transfer direction issued before the commencement ceases to have effect if the person, the subject of the notice, was not transferred to a corrective services facility before the commencement of the amendments.\nDespite the replacement of part 3 by the amendments, that part, as in force immediately before the replacement, continues to apply for any of the following started before the replacement—\na referral by a police officer of an offence to the chief executive for a conference;\na youth justice conference;\na conference agreement.\nIn this section—\namendments means the amendments of this Act made by the Youth Justice and Other Legislation Amendment Act (No. 2) 2016 .\nincomplete proceedings means proceedings against a child for an offence conducted under this Act and started, but not completed, before the commencement of the amendments.\nprison transfer direction means a prison transfer direction under section 276C(1) as in force immediately before the commencement of the amendments.\ns 386 ins 2016 No. 39 s 35\n(sec.386-ssec.1) The provisions of this Act, as in force after the commencement of the amendments, apply to incomplete proceedings under this Act.\n(sec.386-ssec.2) To remove any doubt, it is declared that the requirements for transferring a detainee to a corrective services facility under this Act apply to— a detainee who turns 18 years on or after the commencement of the amendments, regardless of when the detainee’s period of detention started; and a person sentenced for an offence, or returned to detention in relation to an offence, after the commencement of the amendments, regardless of when the person committed the offence, was charged with the offence or criminal proceedings for the offence were started.\n(sec.386-ssec.3) A prison transfer direction issued before the commencement ceases to have effect if the person, the subject of the notice, was not transferred to a corrective services facility before the commencement of the amendments.\n(sec.386-ssec.4) Despite the replacement of part 3 by the amendments, that part, as in force immediately before the replacement, continues to apply for any of the following started before the replacement— a referral by a police officer of an offence to the chief executive for a conference; a youth justice conference; a conference agreement.\n(sec.386-ssec.5) In this section— amendments means the amendments of this Act made by the Youth Justice and Other Legislation Amendment Act (No. 2) 2016 . incomplete proceedings means proceedings against a child for an offence conducted under this Act and started, but not completed, before the commencement of the amendments. prison transfer direction means a prison transfer direction under section 276C(1) as in force immediately before the commencement of the amendments.\n- (a) a detainee who turns 18 years on or after the commencement of the amendments, regardless of when the detainee’s period of detention started; and\n- (b) a person sentenced for an offence, or returned to detention in relation to an offence, after the commencement of the amendments, regardless of when the person committed the offence, was charged with the offence or criminal proceedings for the offence were started.\n- (a) a referral by a police officer of an offence to the chief executive for a conference;\n- (b) a youth justice conference;\n- (c) a conference agreement.","sortOrder":671},{"sectionNumber":"pt.11-div.15","sectionType":"division","heading":"Transitional provisions for Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016","content":"## Transitional provisions for Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016","sortOrder":672},{"sectionNumber":"sec.387","sectionType":"section","heading":"Offences by 17-year-olds before commencement if offence proceedings not started","content":"### sec.387 Offences by 17-year-olds before commencement if offence proceedings not started\n\nThis section applies to a person who, as a 17-year-old, committed an offence before the commencement if a proceeding against the person for the offence had not been started before the commencement.\nFor this Act or another Act, the person is taken to have committed the offence as a child.\ns 387 ins 2016 No. 58 s 5\n(sec.387-ssec.1) This section applies to a person who, as a 17-year-old, committed an offence before the commencement if a proceeding against the person for the offence had not been started before the commencement.\n(sec.387-ssec.2) For this Act or another Act, the person is taken to have committed the offence as a child.","sortOrder":673},{"sectionNumber":"sec.388","sectionType":"section","heading":null,"content":"### Section sec.388\n\ns 388 ins 2016 No. 58 s 5\nexp 12 February 2020 (see s 388(3))","sortOrder":674},{"sectionNumber":"sec.389","sectionType":"section","heading":null,"content":"### Section sec.389\n\ns 389 ins 2016 No. 58 s 5\nexp 12 February 2020 (see s 388(3))","sortOrder":675},{"sectionNumber":"sec.390","sectionType":"section","heading":null,"content":"### Section sec.390\n\ns 390 ins 2016 No. 58 s 5\nexp 12 February 2020 (see s 388(3))","sortOrder":676},{"sectionNumber":"sec.391","sectionType":"section","heading":null,"content":"### Section sec.391\n\ns 391 ins 2016 No. 58 s 5\nexp 12 February 2020 (see s 388(3))","sortOrder":677},{"sectionNumber":"pt.11-div.16","sectionType":"division","heading":"Transitional provision for Victims of Crime Assistance and Other Legislation Amendment Act 2017","content":"## Transitional provision for Victims of Crime Assistance and Other Legislation Amendment Act 2017","sortOrder":678},{"sectionNumber":"sec.392","sectionType":"section","heading":"Eligible persons register","content":"### sec.392 Eligible persons register\n\nThis section applies to a person who, immediately before the commencement, was a victim who had requested information under the Victims of Crime Assistance Act 2009 , repealed section 16, about a child detained in a detention centre.\nFrom the commencement, the person is taken to be included on the eligible persons register as an eligible person in relation to the child.\ns 392 ins 2017 No. 8 s 99\n(sec.392-ssec.1) This section applies to a person who, immediately before the commencement, was a victim who had requested information under the Victims of Crime Assistance Act 2009 , repealed section 16, about a child detained in a detention centre.\n(sec.392-ssec.2) From the commencement, the person is taken to be included on the eligible persons register as an eligible person in relation to the child.","sortOrder":679},{"sectionNumber":"pt.11-div.17","sectionType":"division","heading":"Transitional provisions for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019","content":"## Transitional provisions for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019","sortOrder":680},{"sectionNumber":"sec.393","sectionType":"section","heading":"Definition for division","content":"### sec.393 Definition for division\n\nIn this division—\namending Act means the Justice Legislation (Links to Terrorist Activity) Amendment Act 2019 .\ns 393 ins 2019 No. 10 s 33","sortOrder":681},{"sectionNumber":"sec.394","sectionType":"section","heading":"Application of particular provisions to decisions about release made on or after commencement","content":"### sec.394 Application of particular provisions to decisions about release made on or after commencement\n\nSections 48, 48A and 50 and schedule 4, as amended or inserted by the amending Act, apply in relation to a decision made by a court or police officer on or after the commencement about whether to grant bail to a child or otherwise release the child from custody.\nFor subsection (1), it is irrelevant whether the offence in relation to which the decision is made happened, or the proceeding for the offence was started, before or after the commencement.\ns 394 ins 2019 No. 10 s 33\n(sec.394-ssec.1) Sections 48, 48A and 50 and schedule 4, as amended or inserted by the amending Act, apply in relation to a decision made by a court or police officer on or after the commencement about whether to grant bail to a child or otherwise release the child from custody.\n(sec.394-ssec.2) For subsection (1), it is irrelevant whether the offence in relation to which the decision is made happened, or the proceeding for the offence was started, before or after the commencement.","sortOrder":682},{"sectionNumber":"sec.395","sectionType":"section","heading":"Application of particular provisions to sentencing children after commencement","content":"### sec.395 Application of particular provisions to sentencing children after commencement\n\nSections 226A and 227 and schedule 4, as amended or inserted by the amending Act, apply in relation to the sentencing of a child after the commencement whether the offence or conviction happened before or after the commencement.\ns 395 ins 2019 No. 10 s 33","sortOrder":683},{"sectionNumber":"pt.11-div.18","sectionType":"division","heading":"Transitional provisions for Youth Justice and Other Legislation Amendment Act 2019","content":"## Transitional provisions for Youth Justice and Other Legislation Amendment Act 2019","sortOrder":684},{"sectionNumber":"sec.396","sectionType":"section","heading":"Definition for division","content":"### sec.396 Definition for division\n\nIn this division—\namending Act means the Youth Justice and Other Legislation Amendment Act 2019 .\ns 396 ins 2019 No. 23 s 6","sortOrder":685},{"sectionNumber":"sec.397","sectionType":"section","heading":"Application of s 150","content":"### sec.397 Application of s 150\n\nSection 150, as amended by the amending Act, applies in relation to the sentencing of a child for an offence after the commencement even if the offence or conviction happened before the commencement.\ns 397 ins 2019 No. 23 s 6","sortOrder":686},{"sectionNumber":"sec.398","sectionType":"section","heading":"Decisions about release made on or after commencement","content":"### sec.398 Decisions about release made on or after commencement\n\nSections 48 to 48B and 52 to 52B, as amended or inserted by the amending Act, apply in relation to a decision made by a court or police officer on or after the commencement about whether to grant bail to a child or otherwise release the child from custody.\nFor subsection (1), it is irrelevant whether the offence in relation to which the decision is made happened, or the proceeding for the offence was started, before or after the commencement.\ns 398 ins 2019 No. 23 s 31\n(sec.398-ssec.1) Sections 48 to 48B and 52 to 52B, as amended or inserted by the amending Act, apply in relation to a decision made by a court or police officer on or after the commencement about whether to grant bail to a child or otherwise release the child from custody.\n(sec.398-ssec.2) For subsection (1), it is irrelevant whether the offence in relation to which the decision is made happened, or the proceeding for the offence was started, before or after the commencement.","sortOrder":687},{"sectionNumber":"sec.399","sectionType":"section","heading":"Dealing with children arrested before commencement","content":"### sec.399 Dealing with children arrested before commencement\n\nFormer sections 49 and 50 continue to apply in relation to a child arrested on a charge of an offence before the commencement as if the amending Act had not been enacted.\nHowever, if a police officer is making a decision under former section 50(2) on or after the commencement—\na reference in former section 50(2)(b) to section 52 is taken to be a reference to sections 52 and 52A as amended or inserted by the amending Act; and\na reference in former section 50(4)(a) to section 48 is taken to be a reference to sections 48, 48AD and 48AE as inserted by the amending Act.\nIn this section—\nformer , in relation to a provision of this Act, means as in force from time to time before the commencement.\ns 399 ins 2019 No. 23 s 31\n(sec.399-ssec.1) Former sections 49 and 50 continue to apply in relation to a child arrested on a charge of an offence before the commencement as if the amending Act had not been enacted.\n(sec.399-ssec.2) However, if a police officer is making a decision under former section 50(2) on or after the commencement— a reference in former section 50(2)(b) to section 52 is taken to be a reference to sections 52 and 52A as amended or inserted by the amending Act; and a reference in former section 50(4)(a) to section 48 is taken to be a reference to sections 48, 48AD and 48AE as inserted by the amending Act.\n(sec.399-ssec.3) In this section— former , in relation to a provision of this Act, means as in force from time to time before the commencement.\n- (a) a reference in former section 50(2)(b) to section 52 is taken to be a reference to sections 52 and 52A as amended or inserted by the amending Act; and\n- (b) a reference in former section 50(4)(a) to section 48 is taken to be a reference to sections 48, 48AD and 48AE as inserted by the amending Act.","sortOrder":688},{"sectionNumber":"sec.400","sectionType":"section","heading":"Application of s 59A","content":"### sec.400 Application of s 59A\n\nSection 59A does not apply in relation to a contravention of a condition imposed on a grant of bail to a child if the contravention happened before the commencement.\ns 400 ins 2019 No. 23 s 31","sortOrder":689},{"sectionNumber":"sec.401","sectionType":"section","heading":"Existing bail conditions about tracking devices","content":"### sec.401 Existing bail conditions about tracking devices\n\nThis section applies if a grant of bail to a child that is in effect on the commencement is subject to a condition that the child must wear a tracking device while released on bail.\nThe condition stops having effect on the earlier of the following—\nthe day that is 28 days after the commencement;\nwhen the grant of bail is revoked or varied by a court, or otherwise stops having effect, under the Bail Act 1980 .\ns 401 ins 2019 No. 23 s 31\n(sec.401-ssec.1) This section applies if a grant of bail to a child that is in effect on the commencement is subject to a condition that the child must wear a tracking device while released on bail.\n(sec.401-ssec.2) The condition stops having effect on the earlier of the following— the day that is 28 days after the commencement; when the grant of bail is revoked or varied by a court, or otherwise stops having effect, under the Bail Act 1980 .\n- (a) the day that is 28 days after the commencement;\n- (b) when the grant of bail is revoked or varied by a court, or otherwise stops having effect, under the Bail Act 1980 .","sortOrder":690},{"sectionNumber":"pt.11-div.19","sectionType":"division","heading":"Savings and transitional provisions for Youth Justice and Other Legislation Amendment Act 2021","content":"## Savings and transitional provisions for Youth Justice and Other Legislation Amendment Act 2021","sortOrder":691},{"sectionNumber":"sec.402","sectionType":"section","heading":"Definition for division","content":"### sec.402 Definition for division\n\nIn this division—\namending Act means the Youth Justice and Other Legislation Amendment Act 2021 .\ns 402 ins 2021 No. 9 s 32","sortOrder":692},{"sectionNumber":"sec.403","sectionType":"section","heading":"Application of amended bail provisions","content":"### sec.403 Application of amended bail provisions\n\nSections 48AA, 52A and 52AA, as amended or inserted by the amending Act, apply in relation to a child in custody in connection with a charge of an offence whether the offence was allegedly committed, or the child was charged, or any step in the proceeding for the offence was taken, before or after the commencement.\ns 403 ins 2021 No. 9 s 32","sortOrder":693},{"sectionNumber":"sec.404","sectionType":"section","heading":null,"content":"### Section sec.404\n\ns 404 ins 2021 No. 9 s 32\nom 2023 No. 3 s 39","sortOrder":694},{"sectionNumber":"sec.405","sectionType":"section","heading":"Effectiveness of monitoring device condition after geographical area stops being prescribed or section 52AA expires","content":"### sec.405 Effectiveness of monitoring device condition after geographical area stops being prescribed or section 52AA expires\n\nThis section applies if—\na court imposes, under section 52A(2), on a grant of bail to a child a monitoring device condition for a stated period; and\nany of the following events happens before the end of the stated period—\nthe court stops being in a geographical area prescribed under section 52AA(1)(d);\nthe child stops living in a geographical area prescribed under section 52AA(1)(e);\nsection 52AA expires.\nThe monitoring device condition is taken to be effective until the end of the stated period despite the happening of any of the events.\ns 405 ins 2021 No. 9 s 32\n(sec.405-ssec.1) This section applies if— a court imposes, under section 52A(2), on a grant of bail to a child a monitoring device condition for a stated period; and any of the following events happens before the end of the stated period— the court stops being in a geographical area prescribed under section 52AA(1)(d); the child stops living in a geographical area prescribed under section 52AA(1)(e); section 52AA expires.\n(sec.405-ssec.2) The monitoring device condition is taken to be effective until the end of the stated period despite the happening of any of the events.\n- (a) a court imposes, under section 52A(2), on a grant of bail to a child a monitoring device condition for a stated period; and\n- (b) any of the following events happens before the end of the stated period— (i) the court stops being in a geographical area prescribed under section 52AA(1)(d); (ii) the child stops living in a geographical area prescribed under section 52AA(1)(e); (iii) section 52AA expires.\n- (i) the court stops being in a geographical area prescribed under section 52AA(1)(d);\n- (ii) the child stops living in a geographical area prescribed under section 52AA(1)(e);\n- (iii) section 52AA expires.\n- (i) the court stops being in a geographical area prescribed under section 52AA(1)(d);\n- (ii) the child stops living in a geographical area prescribed under section 52AA(1)(e);\n- (iii) section 52AA expires.","sortOrder":695},{"sectionNumber":"sec.406","sectionType":"section","heading":"Application of amended sentencing principles and youth justice principles","content":"### sec.406 Application of amended sentencing principles and youth justice principles\n\nSection 150 and schedule 1, as amended by the amending Act, apply in relation to a child charged with an offence whether the offence was allegedly committed, or the child was charged, or any step in the proceeding for the offence was taken, before or after the commencement.\ns 406 ins 2021 No. 9 s 32","sortOrder":696},{"sectionNumber":"pt.11-div.20","sectionType":"division","heading":"Transitional provision for Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Act 2023","content":"## Transitional provision for Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Act 2023","sortOrder":697},{"sectionNumber":"sec.407","sectionType":"section","heading":"Existing declared emergencies","content":"### sec.407 Existing declared emergencies\n\nFor section 301B, definition declared emergency , it does not matter whether a declaration or order mentioned in paragraph (a), (b), (c) or (d) of that definition was made before or after the commencement.\ns 407 ins 2023 No. 14 s 50","sortOrder":698},{"sectionNumber":"pt.11-div.21","sectionType":"division","heading":"Transitional provisions for Strengthening Community Safety Act 2023","content":"## Transitional provisions for Strengthening Community Safety Act 2023","sortOrder":699},{"sectionNumber":"sec.408","sectionType":"section","heading":"Application of s 48AF","content":"### sec.408 Application of s 48AF\n\nSection 48AF applies in relation to a child in custody in connection with a charge of a prescribed indictable offence whether the offence was allegedly committed, or the child was charged, or any step in the proceeding for the offence was taken, before or after the commencement.\nAlso, section 48AF applies in relation to a child mentioned in subsection (1) whether another indictable offence in relation to which the child was released into the custody of a parent, or at large with or without bail, or awaiting committal for trial, trial or sentencing, was allegedly committed, or the child was charged, or any step in the proceeding for the offence was taken, before or after the commencement.\ns 408 ins 2023 No. 3 s 40\n(sec.408-ssec.1) Section 48AF applies in relation to a child in custody in connection with a charge of a prescribed indictable offence whether the offence was allegedly committed, or the child was charged, or any step in the proceeding for the offence was taken, before or after the commencement.\n(sec.408-ssec.2) Also, section 48AF applies in relation to a child mentioned in subsection (1) whether another indictable offence in relation to which the child was released into the custody of a parent, or at large with or without bail, or awaiting committal for trial, trial or sentencing, was allegedly committed, or the child was charged, or any step in the proceeding for the offence was taken, before or after the commencement.","sortOrder":700},{"sectionNumber":"sec.409","sectionType":"section","heading":"Application of ss 150A and 150B","content":"### sec.409 Application of ss 150A and 150B\n\nSections 150A and 150B apply to a court sentencing a child for a prescribed indictable offence, whether the offence was committed before or after the commencement.\ns 409 ins 2023 No. 3 s 40","sortOrder":701},{"sectionNumber":"sec.410","sectionType":"section","heading":"Application of s 246A and former s 246","content":"### sec.410 Application of s 246A and former s 246\n\nTo remove any doubt, it is declared that—\nsection 246A applies to a breach of a conditional release order made in relation to a prescribed indictable offence if the breach occurs after the commencement, whether the conditional release order was made before or after the commencement; and\nsection 246, as in force immediately before the commencement, continues to apply to a breach of a conditional release order made in relation to a prescribed indictable offence if the breach occurred before the commencement.\ns 410 ins 2023 No. 3 s 40\n- (a) section 246A applies to a breach of a conditional release order made in relation to a prescribed indictable offence if the breach occurs after the commencement, whether the conditional release order was made before or after the commencement; and\n- (b) section 246, as in force immediately before the commencement, continues to apply to a breach of a conditional release order made in relation to a prescribed indictable offence if the breach occurred before the commencement.","sortOrder":702},{"sectionNumber":"sec.411","sectionType":"section","heading":"Application of pt 8, div 2A, sdiv 1","content":"### sec.411 Application of pt 8, div 2A, sdiv 1\n\nSubject to section 412, part 8, division 2A, subdivision 1 applies in relation to a detainee detained in a detention centre whether the detainee started to be detained before or after the commencement.\ns 411 ins 2023 No. 3 s 40","sortOrder":703},{"sectionNumber":"sec.412","sectionType":"section","heading":"Continued application of former pt 8, div 2A, sdiv 1","content":"### sec.412 Continued application of former pt 8, div 2A, sdiv 1\n\nThis section applies if—\na copy of a prison transfer direction was given by the chief executive to a detainee under former section 276C(3) before the commencement; and\non the commencement, the detainee is detained in a detention centre.\nPart 8, division 2A, subdivision 1, as in force immediately before the commencement, continues to apply in relation to the detainee.\nIn this section—\nformer section 276C(3) means section 276C(3) as in force immediately before the commencement.\ns 412 ins 2023 No. 3 s 40\n(sec.412-ssec.1) This section applies if— a copy of a prison transfer direction was given by the chief executive to a detainee under former section 276C(3) before the commencement; and on the commencement, the detainee is detained in a detention centre.\n(sec.412-ssec.2) Part 8, division 2A, subdivision 1, as in force immediately before the commencement, continues to apply in relation to the detainee.\n(sec.412-ssec.3) In this section— former section 276C(3) means section 276C(3) as in force immediately before the commencement.\n- (a) a copy of a prison transfer direction was given by the chief executive to a detainee under former section 276C(3) before the commencement; and\n- (b) on the commencement, the detainee is detained in a detention centre.","sortOrder":704},{"sectionNumber":"sec.413","sectionType":"section","heading":"Application of pt 8, div 2A, sdiv 3","content":"### sec.413 Application of pt 8, div 2A, sdiv 3\n\nPart 8, division 2A, subdivision 3 applies in relation to a person remanded in custody in a detention centre regardless of whether the person started to be remanded in custody before or after the commencement.\ns 413 ins 2023 No. 3 s 40","sortOrder":705},{"sectionNumber":"pt.11-div.22","sectionType":"division","heading":"Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023","content":"## Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023","sortOrder":706},{"sectionNumber":"sec.414","sectionType":"section","heading":"Definition for division","content":"### sec.414 Definition for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 414 ins 2023 No. 21 s 82","sortOrder":707},{"sectionNumber":"sec.415","sectionType":"section","heading":"Validation of holding of child remanded in custody before commencement","content":"### sec.415 Validation of holding of child remanded in custody before commencement\n\nThis section applies if, before the commencement—\na child was remanded in custody by a court; and\nthe child was subsequently held by the commissioner of the police service; and\nthe court did not make an order under former section 56(4) in relation to the child.\nThe child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.\nAnything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had made an order under former section 56(4) in relation to the child.\nTo remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.\ns 415 ins 2023 No. 21 s 82\n(sec.415-ssec.1) This section applies if, before the commencement— a child was remanded in custody by a court; and the child was subsequently held by the commissioner of the police service; and the court did not make an order under former section 56(4) in relation to the child.\n(sec.415-ssec.2) The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.\n(sec.415-ssec.3) Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had made an order under former section 56(4) in relation to the child.\n(sec.415-ssec.4) To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.\n- (a) a child was remanded in custody by a court; and\n- (b) the child was subsequently held by the commissioner of the police service; and\n- (c) the court did not make an order under former section 56(4) in relation to the child.","sortOrder":708},{"sectionNumber":"sec.416","sectionType":"section","heading":"Validation of holding of child sentenced to detention before commencement","content":"### sec.416 Validation of holding of child sentenced to detention before commencement\n\nThis section applies if, before the commencement—\na child was sentenced by a court to serve a period of detention; and\nthe child was subsequently held by the commissioner of the police service; and\nthe court did not issue a warrant under former section 210(2) in relation to the child.\nThe child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.\nAnything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had issued a warrant under former section 210(2) in relation to the child.\nTo remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.\ns 416 ins 2023 No. 21 s 82\n(sec.416-ssec.1) This section applies if, before the commencement— a child was sentenced by a court to serve a period of detention; and the child was subsequently held by the commissioner of the police service; and the court did not issue a warrant under former section 210(2) in relation to the child.\n(sec.416-ssec.2) The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.\n(sec.416-ssec.3) Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had issued a warrant under former section 210(2) in relation to the child.\n(sec.416-ssec.4) To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.\n- (a) a child was sentenced by a court to serve a period of detention; and\n- (b) the child was subsequently held by the commissioner of the police service; and\n- (c) the court did not issue a warrant under former section 210(2) in relation to the child.","sortOrder":709},{"sectionNumber":"sec.417","sectionType":"section","heading":"Application of s 56 to child remanded in custody before commencement","content":"### sec.417 Application of s 56 to child remanded in custody before commencement\n\nSection 56 applies to a child who—\nbefore the commencement was remanded in custody by a court; and\nwas subsequently held by the commissioner of the police service; and\non the commencement is still held by the commissioner of the police service.\ns 417 ins 2023 No. 21 s 82\n- (a) before the commencement was remanded in custody by a court; and\n- (b) was subsequently held by the commissioner of the police service; and\n- (c) on the commencement is still held by the commissioner of the police service.","sortOrder":710},{"sectionNumber":"sec.418","sectionType":"section","heading":"Application of s 210 to child sentenced to detention before commencement","content":"### sec.418 Application of s 210 to child sentenced to detention before commencement\n\nSection 210 applies to a child who—\nbefore the commencement was sentenced by a court to serve a period of detention; and\nwas subsequently held by the commissioner of the police service; and\non the commencement is still held by the commissioner of the police service.\ns 418 ins 2023 No. 21 s 82\n- (a) before the commencement was sentenced by a court to serve a period of detention; and\n- (b) was subsequently held by the commissioner of the police service; and\n- (c) on the commencement is still held by the commissioner of the police service.","sortOrder":711},{"sectionNumber":"pt.11-div.23","sectionType":"division","heading":"Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024","content":"## Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024","sortOrder":712},{"sectionNumber":"sec.419","sectionType":"section","heading":"Application of ss 48AA and 52A to release of a child","content":"### sec.419 Application of ss 48AA and 52A to release of a child\n\nSections 48AA and 52A, as amended by the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 , apply in relation to the release of a child on or after the commencement.\nFor subsection (1), it is irrelevant whether the offence in relation to which the decision is made happened, or the proceeding for the offence was started, before or after the commencement.\ns 419 ins 2024 No. 5 s 98\n(sec.419-ssec.1) Sections 48AA and 52A, as amended by the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 , apply in relation to the release of a child on or after the commencement.\n(sec.419-ssec.2) For subsection (1), it is irrelevant whether the offence in relation to which the decision is made happened, or the proceeding for the offence was started, before or after the commencement.","sortOrder":713},{"sectionNumber":"sec.420","sectionType":"section","heading":"Sentencing principles","content":"### sec.420 Sentencing principles\n\nSection 150, as amended by the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 , applies to the sentencing of a child after the commencement whether the conviction happened before or after the commencement.\ns 420 ins 2024 No. 5 s 101\n(sec.420-ssec) Section 150, as amended by the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 , applies to the sentencing of a child after the commencement whether the conviction happened before or after the commencement.","sortOrder":714},{"sectionNumber":"pt.11-div.24","sectionType":"division","heading":"Transitional provisions for Queensland Community Safety Act 2024","content":"## Transitional provisions for Queensland Community Safety Act 2024","sortOrder":715},{"sectionNumber":"sec.421","sectionType":"section","heading":"Definitions for division","content":"### sec.421 Definitions for division\n\nIn this division—\namended , for a provision in this Act, means the provision as amended by the amending Act.\namending Act means the Queensland Community Safety Act 2024 .\nformer , for a provision of this Act, means the provision as in force immediately before the commencement.\ns 421 ins 2024 No. 45 s 131","sortOrder":716},{"sectionNumber":"sec.422","sectionType":"section","heading":"Application of amended bail provisions","content":"### sec.422 Application of amended bail provisions\n\nAmended sections 52A and 52AA apply in relation to a child in connection with a charge of an offence whether the offence was allegedly committed, or the child was charged, or any step in the proceeding was taken, before or after the commencement.\ns 422 ins 2024 No. 45 s 131","sortOrder":717},{"sectionNumber":"sec.423","sectionType":"section","heading":"Application of s 56A to child remanded in custody before commencement","content":"### sec.423 Application of s 56A to child remanded in custody before commencement\n\nSection 56A applies to a child who—\nbefore the commencement, was remanded in custody; and\non the commencement, is held in custody in a watch-house by the commissioner of the police service under section 56(2).\ns 423 ins 2024 No. 45 s 131\n- (a) before the commencement, was remanded in custody; and\n- (b) on the commencement, is held in custody in a watch-house by the commissioner of the police service under section 56(2).","sortOrder":718},{"sectionNumber":"sec.424","sectionType":"section","heading":"Application of s 210A to child sentenced to detention before commencement","content":"### sec.424 Application of s 210A to child sentenced to detention before commencement\n\nSection 210A applies to a child who—\nbefore the commencement, was sentenced to serve a period of detention in a detention centre; and\non the commencement, is held in a watch-house by the commissioner of the police service under section 210(2).\ns 424 ins 2024 No. 45 s 131\n- (a) before the commencement, was sentenced to serve a period of detention in a detention centre; and\n- (b) on the commencement, is held in a watch-house by the commissioner of the police service under section 210(2).","sortOrder":719},{"sectionNumber":"sec.425","sectionType":"section","heading":"Application of amended pt 8, div 2A","content":"### sec.425 Application of amended pt 8, div 2A\n\nSubject to sections 426 to 428, amended part 8, division 2A applies in relation to a detainee—\nwhether the detainee started to be detained before or after the commencement; or\nwhether the detainee started to be remanded in custody before or after the commencement.\ns 425 ins 2024 No. 45 s 131\n- (a) whether the detainee started to be detained before or after the commencement; or\n- (b) whether the detainee started to be remanded in custody before or after the commencement.","sortOrder":720},{"sectionNumber":"sec.426","sectionType":"section","heading":"Continued application of former pt 8, div 2A—existing directions and notices","content":"### sec.426 Continued application of former pt 8, div 2A—existing directions and notices\n\nThis section applies if—\nbefore the commencement, the chief executive—\ngave a prison transfer direction to a person under section 276C as in force before the commencement; or\ngave a person a prison transfer notice under section 276H as in force before the commencement; and\nimmediately before the commencement, the person is detained in a detention centre.\nFormer part 8, division 2A continues to apply in relation to the person, as if the amending Act had not been enacted.\ns 426 ins 2024 No. 45 s 131\n(sec.426-ssec.1) This section applies if— before the commencement, the chief executive— gave a prison transfer direction to a person under section 276C as in force before the commencement; or gave a person a prison transfer notice under section 276H as in force before the commencement; and immediately before the commencement, the person is detained in a detention centre.\n(sec.426-ssec.2) Former part 8, division 2A continues to apply in relation to the person, as if the amending Act had not been enacted.\n- (a) before the commencement, the chief executive— (i) gave a prison transfer direction to a person under section 276C as in force before the commencement; or (ii) gave a person a prison transfer notice under section 276H as in force before the commencement; and\n- (i) gave a prison transfer direction to a person under section 276C as in force before the commencement; or\n- (ii) gave a person a prison transfer notice under section 276H as in force before the commencement; and\n- (b) immediately before the commencement, the person is detained in a detention centre.\n- (i) gave a prison transfer direction to a person under section 276C as in force before the commencement; or\n- (ii) gave a person a prison transfer notice under section 276H as in force before the commencement; and","sortOrder":721},{"sectionNumber":"sec.427","sectionType":"section","heading":"Continued application of former pt 8, div 2A—existing court orders","content":"### sec.427 Continued application of former pt 8, div 2A—existing court orders\n\nThis section applies if—\nbefore the commencement, a court decided an application in relation to a person under section 276D as in force before the commencement; and\nimmediately before the commencement, the person is detained in a detention centre.\nFormer part 8, division 2A continues to apply in relation to the person as if the amending Act had not been enacted.\ns 427 ins 2024 No. 45 s 131\n(sec.427-ssec.1) This section applies if— before the commencement, a court decided an application in relation to a person under section 276D as in force before the commencement; and immediately before the commencement, the person is detained in a detention centre.\n(sec.427-ssec.2) Former part 8, division 2A continues to apply in relation to the person as if the amending Act had not been enacted.\n- (a) before the commencement, a court decided an application in relation to a person under section 276D as in force before the commencement; and\n- (b) immediately before the commencement, the person is detained in a detention centre.","sortOrder":722},{"sectionNumber":"sec.428","sectionType":"section","heading":"Continued application of former pt 8, div 2A—existing court applications","content":"### sec.428 Continued application of former pt 8, div 2A—existing court applications\n\nThis section applies if, before the commencement—\nan application to a court for a temporary delay under section 276D, as in force before the commencement, had been started but not decided; or\nan application to the Childrens Court for a review under section 276DB or section 276J, as in force before the commencement, had been started but not decided.\nThe court may continue to hear, and decide, the application under former part 8, division 2A as if the amending Act had not been enacted.\ns 428 ins 2024 No. 45 s 131\n(sec.428-ssec.1) This section applies if, before the commencement— an application to a court for a temporary delay under section 276D, as in force before the commencement, had been started but not decided; or an application to the Childrens Court for a review under section 276DB or section 276J, as in force before the commencement, had been started but not decided.\n(sec.428-ssec.2) The court may continue to hear, and decide, the application under former part 8, division 2A as if the amending Act had not been enacted.\n- (a) an application to a court for a temporary delay under section 276D, as in force before the commencement, had been started but not decided; or\n- (b) an application to the Childrens Court for a review under section 276DB or section 276J, as in force before the commencement, had been started but not decided.","sortOrder":723},{"sectionNumber":"pt.11-div.25","sectionType":"division","heading":"Transitional provisions for Making Queensland Safer Act 2024","content":"## Transitional provisions for Making Queensland Safer Act 2024","sortOrder":724},{"sectionNumber":"sec.429","sectionType":"section","heading":"Definitions for division","content":"### sec.429 Definitions for division\n\nIn this division—\namending Act means the Making Queensland Safer Act 2024 .\nformer , for a provision of this Act, means the provision as in force immediately before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 429 ins 2024 No. 54 s 36","sortOrder":725},{"sectionNumber":"sec.430","sectionType":"section","heading":"Application of new pt 6, div 11","content":"### sec.430 Application of new pt 6, div 11\n\nNew part 6, division 11, subdivision 3 applies in relation to an offender from the commencement, whether the offence for which the offender is charged was committed before or after the commencement.\ns 430 ins 2024 No. 54 s 36","sortOrder":726},{"sectionNumber":"sec.431","sectionType":"section","heading":"Application of former ss 135 and 136 for person detained in detention centre before commencement","content":"### sec.431 Application of former ss 135 and 136 for person detained in detention centre before commencement\n\nThis section applies if, immediately before the commencement, an offender is serving a term of imprisonment, or is being held on remand, in a detention centre under former section 135(3) or 136(2).\nNew part 8, division 2A applies in relation to the offender as if the offender had turned 18 years on the commencement.\ns 431 ins 2024 No. 54 s 36\n(sec.431-ssec.1) This section applies if, immediately before the commencement, an offender is serving a term of imprisonment, or is being held on remand, in a detention centre under former section 135(3) or 136(2).\n(sec.431-ssec.2) New part 8, division 2A applies in relation to the offender as if the offender had turned 18 years on the commencement.","sortOrder":727},{"sectionNumber":"sec.432","sectionType":"section","heading":"Applications made under former s 139 before commencement","content":"### sec.432 Applications made under former s 139 before commencement\n\nThis section applies if—\nbefore the commencement, an application to be held in a detention centre was made under former section 139; and\nimmediately before the commencement the application was not decided.\nOn the commencement, the application lapses.\ns 432 ins 2024 No. 54 s 36\n(sec.432-ssec.1) This section applies if— before the commencement, an application to be held in a detention centre was made under former section 139; and immediately before the commencement the application was not decided.\n(sec.432-ssec.2) On the commencement, the application lapses.\n- (a) before the commencement, an application to be held in a detention centre was made under former section 139; and\n- (b) immediately before the commencement the application was not decided.","sortOrder":728},{"sectionNumber":"sec.433","sectionType":"section","heading":"Application of new pt 7 and sch 1","content":"### sec.433 Application of new pt 7 and sch 1\n\nNew part 7, other than new sections 210 and 256A, and new schedule 1 apply in relation to an offence only if the offence was committed after the commencement.\nDespite the amending Act, former part 7 and former schedule 1 apply in relation to an offence committed before the commencement.\nNew section 256A applies in relation to an offence whether committed before or after the commencement.\ns 433 ins 2024 No. 54 s 36\n(sec.433-ssec.1) New part 7, other than new sections 210 and 256A, and new schedule 1 apply in relation to an offence only if the offence was committed after the commencement.\n(sec.433-ssec.2) Despite the amending Act, former part 7 and former schedule 1 apply in relation to an offence committed before the commencement.\n(sec.433-ssec.3) New section 256A applies in relation to an offence whether committed before or after the commencement.","sortOrder":729},{"sectionNumber":"sec.434","sectionType":"section","heading":"Application of Criminal Code, s 305","content":"### sec.434 Application of Criminal Code, s 305\n\nThis section applies for the purpose of applying the Criminal Code, section 305(2) and (3) (the Code provisions ) to a child under section 175A(7) of this Act.\nThe court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement, whether the conviction or sentence for the murder happened before or happens after the commencement.\nSubsection (2) applies even if the offence of murder is an offence—\nfor which the court is also sentencing the child; or\nthat the court is taking into account on the sentence of the child.\ns 434 ins 2024 No. 54 s 36\n(sec.434-ssec.1) This section applies for the purpose of applying the Criminal Code, section 305(2) and (3) (the Code provisions ) to a child under section 175A(7) of this Act.\n(sec.434-ssec.2) The court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement, whether the conviction or sentence for the murder happened before or happens after the commencement.\n(sec.434-ssec.3) Subsection (2) applies even if the offence of murder is an offence— for which the court is also sentencing the child; or that the court is taking into account on the sentence of the child.\n- (a) for which the court is also sentencing the child; or\n- (b) that the court is taking into account on the sentence of the child.","sortOrder":730},{"sectionNumber":"sec.435","sectionType":"section","heading":"Application of new pt 8, div 2A","content":"### sec.435 Application of new pt 8, div 2A\n\nSubject to sections 436 and 437, new sections 56 and 210 and new part 8, division 2A apply—\nin relation to a person mentioned in section 276A(1) whether the person started to be in the custody of the commissioner of the police service before or after the commencement; and\nin relation to a person mentioned in section 276B(1), whether the person was sentenced to the period of detention before or after the commencement; and\nin relation to a person mentioned in section 276C(1), whether the person started to be detained or remanded in custody before or after the commencement.\nIf a person mentioned in subsection (1) turned 18 years before the commencement, for applying new part 8, division 2A, the person is taken to have turned 18 on the commencement.\ns 435 ins 2024 No. 54 s 36\n(sec.435-ssec.1) Subject to sections 436 and 437, new sections 56 and 210 and new part 8, division 2A apply— in relation to a person mentioned in section 276A(1) whether the person started to be in the custody of the commissioner of the police service before or after the commencement; and in relation to a person mentioned in section 276B(1), whether the person was sentenced to the period of detention before or after the commencement; and in relation to a person mentioned in section 276C(1), whether the person started to be detained or remanded in custody before or after the commencement.\n(sec.435-ssec.2) If a person mentioned in subsection (1) turned 18 years before the commencement, for applying new part 8, division 2A, the person is taken to have turned 18 on the commencement.\n- (a) in relation to a person mentioned in section 276A(1) whether the person started to be in the custody of the commissioner of the police service before or after the commencement; and\n- (b) in relation to a person mentioned in section 276B(1), whether the person was sentenced to the period of detention before or after the commencement; and\n- (c) in relation to a person mentioned in section 276C(1), whether the person started to be detained or remanded in custody before or after the commencement.","sortOrder":731},{"sectionNumber":"sec.436","sectionType":"section","heading":"Continued application of former pt 8, div 2A for existing decisions by chief executive about prison transfer notices","content":"### sec.436 Continued application of former pt 8, div 2A for existing decisions by chief executive about prison transfer notices\n\nThis section applies if—\nbefore the commencement, the chief executive had given a detainee—\na notice of a decision to temporarily delay giving, or not to give, the detainee a prison transfer notice under former section 276D(2); or\na prison transfer notice under former section 276F; and\nfor a notice mentioned in paragraph (a)(i)—the date specified in the notice occurs after the commencement; and\nimmediately before the commencement—the detainee is detained in a detention centre.\nFormer part 8, division 2A continues to apply in relation to the person as if the amending Act had not been enacted.\ns 436 ins 2024 No. 54 s 36\n(sec.436-ssec.1) This section applies if— before the commencement, the chief executive had given a detainee— a notice of a decision to temporarily delay giving, or not to give, the detainee a prison transfer notice under former section 276D(2); or a prison transfer notice under former section 276F; and for a notice mentioned in paragraph (a)(i)—the date specified in the notice occurs after the commencement; and immediately before the commencement—the detainee is detained in a detention centre.\n(sec.436-ssec.2) Former part 8, division 2A continues to apply in relation to the person as if the amending Act had not been enacted.\n- (a) before the commencement, the chief executive had given a detainee— (i) a notice of a decision to temporarily delay giving, or not to give, the detainee a prison transfer notice under former section 276D(2); or (ii) a prison transfer notice under former section 276F; and\n- (i) a notice of a decision to temporarily delay giving, or not to give, the detainee a prison transfer notice under former section 276D(2); or\n- (ii) a prison transfer notice under former section 276F; and\n- (b) for a notice mentioned in paragraph (a)(i)—the date specified in the notice occurs after the commencement; and\n- (c) immediately before the commencement—the detainee is detained in a detention centre.\n- (i) a notice of a decision to temporarily delay giving, or not to give, the detainee a prison transfer notice under former section 276D(2); or\n- (ii) a prison transfer notice under former section 276F; and","sortOrder":732},{"sectionNumber":"sec.437","sectionType":"section","heading":"Continued application of former pt 8, div 2A for existing court applications","content":"### sec.437 Continued application of former pt 8, div 2A for existing court applications\n\nThis section applies—\nif—\nbefore the commencement, an application to a court for a temporary delay under former section 276P had been made; and\nimmediately before the commencement the court had not decided the application; or\nif—\nbefore the commencement, an application to the Childrens Court for a review of the chief executive’s decision under former section 276T had been made; and\nimmediately before the commencement the court had not decided the application.\nThe court may continue to hear and decide the application under former part 8, division 2A as if the amending Act had not been enacted.\nFormer part 8, division 2A continues to apply in relation to the person to whom the decision under subsection (2) relates as if the amending Act had not been enacted.\ns 437 ins 2024 No. 54 s 36\n(sec.437-ssec.1) This section applies— if— before the commencement, an application to a court for a temporary delay under former section 276P had been made; and immediately before the commencement the court had not decided the application; or if— before the commencement, an application to the Childrens Court for a review of the chief executive’s decision under former section 276T had been made; and immediately before the commencement the court had not decided the application.\n(sec.437-ssec.2) The court may continue to hear and decide the application under former part 8, division 2A as if the amending Act had not been enacted.\n(sec.437-ssec.3) Former part 8, division 2A continues to apply in relation to the person to whom the decision under subsection (2) relates as if the amending Act had not been enacted.\n- (a) if— (i) before the commencement, an application to a court for a temporary delay under former section 276P had been made; and (ii) immediately before the commencement the court had not decided the application; or\n- (i) before the commencement, an application to a court for a temporary delay under former section 276P had been made; and\n- (ii) immediately before the commencement the court had not decided the application; or\n- (b) if— (i) before the commencement, an application to the Childrens Court for a review of the chief executive’s decision under former section 276T had been made; and (ii) immediately before the commencement the court had not decided the application.\n- (i) before the commencement, an application to the Childrens Court for a review of the chief executive’s decision under former section 276T had been made; and\n- (ii) immediately before the commencement the court had not decided the application.\n- (i) before the commencement, an application to a court for a temporary delay under former section 276P had been made; and\n- (ii) immediately before the commencement the court had not decided the application; or\n- (i) before the commencement, an application to the Childrens Court for a review of the chief executive’s decision under former section 276T had been made; and\n- (ii) immediately before the commencement the court had not decided the application.","sortOrder":733},{"sectionNumber":"sec.438","sectionType":"section","heading":"Admissibility and use of childhood criminal histories in sentencing adults","content":"### sec.438 Admissibility and use of childhood criminal histories in sentencing adults\n\nThis section applies in relation to a proceeding against an adult for an offence.\nThe former Act applies to a proceeding for an appeal from a sentence that happened before the commencement.\nSubject to subsection (2) and section 438A, the new Act applies in relation to a proceeding for an offence—\nwhether the proceeding was started before, or is started after, the commencement of this section; or\nwhether the offence was committed before, or is committed after, the commencement of this section.\nIn this section—\nformer Act means this Act as in force immediately before the commencement of the amending Act, part 4, division 3.\nnew Act means this Act as in force from the commencement of the amending Act, part 4, division 3.\ns 438 ins 2024 No. 54 s 58\n(sec.438-ssec.1) This section applies in relation to a proceeding against an adult for an offence.\n(sec.438-ssec.2) The former Act applies to a proceeding for an appeal from a sentence that happened before the commencement.\n(sec.438-ssec.3) Subject to subsection (2) and section 438A, the new Act applies in relation to a proceeding for an offence— whether the proceeding was started before, or is started after, the commencement of this section; or whether the offence was committed before, or is committed after, the commencement of this section.\n(sec.438-ssec.4) In this section— former Act means this Act as in force immediately before the commencement of the amending Act, part 4, division 3. new Act means this Act as in force from the commencement of the amending Act, part 4, division 3.\n- (a) whether the proceeding was started before, or is started after, the commencement of this section; or\n- (b) whether the offence was committed before, or is committed after, the commencement of this section.","sortOrder":734},{"sectionNumber":"sec.438A","sectionType":"section","heading":"Admissibility of childhood findings of guilt against an adult for particular purposes","content":"### sec.438A Admissibility of childhood findings of guilt against an adult for particular purposes\n\nNew section 148B applies to a proceeding before a court in relation to an offence under the Criminal Code , section 328A only if the offence is committed after the commencement.\nIn this section—\nnew section 148B means section 148B as in force from the commencement of the amending Act, part 4, division 3.\ns 438A ins 2024 No. 54 s 58\n(sec.438A-ssec.1) New section 148B applies to a proceeding before a court in relation to an offence under the Criminal Code , section 328A only if the offence is committed after the commencement.\n(sec.438A-ssec.2) In this section— new section 148B means section 148B as in force from the commencement of the amending Act, part 4, division 3.","sortOrder":735},{"sectionNumber":"sec.438B","sectionType":"section","heading":"Application of new s 150","content":"### sec.438B Application of new s 150\n\nNew section 150(3)(e) and (8A) applies in relation to the sentencing of a child for an offence—\nwhether the offence was committed before, or is committed after, the commencement of this section; or\nwhether the finding of guilt against the child for the offence occurred before or after the commencement of this section.\nIn this section—\nnew section 150(3)(e) and (8A) means section 150(3)(e) and (8A) as in force from the commencement of the amending Act, part 4, division 3.\ns 438B ins 2024 No. 54 s 58\n(sec.438B-ssec.1) New section 150(3)(e) and (8A) applies in relation to the sentencing of a child for an offence— whether the offence was committed before, or is committed after, the commencement of this section; or whether the finding of guilt against the child for the offence occurred before or after the commencement of this section.\n(sec.438B-ssec.2) In this section— new section 150(3)(e) and (8A) means section 150(3)(e) and (8A) as in force from the commencement of the amending Act, part 4, division 3.\n- (a) whether the offence was committed before, or is committed after, the commencement of this section; or\n- (b) whether the finding of guilt against the child for the offence occurred before or after the commencement of this section.","sortOrder":736},{"sectionNumber":"sec.438C","sectionType":"section","heading":"Application of new s 150A","content":"### sec.438C Application of new s 150A\n\nNew section 150A(2)(c)(i) and (3)(e) applies in relation to the sentencing of a child for a prescribed indictable offence—\nwhether the offence was committed before, or is committed after, the commencement of this section; or\nwhether the finding of guilt against the child for the offence occurred before or after the commencement of this section.\nIn this section—\nnew section 150A(2)(c)(i) and (3)(e) means section 150A(2)(c)(i) and (3)(e) as in force from the commencement of the amending Act, part 4, division 3.\ns 438C ins 2024 No. 54 s 58\n(sec.438C-ssec.1) New section 150A(2)(c)(i) and (3)(e) applies in relation to the sentencing of a child for a prescribed indictable offence— whether the offence was committed before, or is committed after, the commencement of this section; or whether the finding of guilt against the child for the offence occurred before or after the commencement of this section.\n(sec.438C-ssec.2) In this section— new section 150A(2)(c)(i) and (3)(e) means section 150A(2)(c)(i) and (3)(e) as in force from the commencement of the amending Act, part 4, division 3.\n- (a) whether the offence was committed before, or is committed after, the commencement of this section; or\n- (b) whether the finding of guilt against the child for the offence occurred before or after the commencement of this section.","sortOrder":737},{"sectionNumber":"sec.439","sectionType":"section","heading":"Criminal histories","content":"### sec.439 Criminal histories\n\nIn new section 6—\na reference to a caution does not include a caution administered to a child before the commencement; and\na reference to a finding of guilt includes a finding of guilt against a child that occurred before the commencement to the extent the finding of guilt formed part of the child’s criminal history under former section 154; and\na reference to a restorative justice agreement does not include a restorative justice agreement—\nmade by a child before the commencement; or\nmade by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and\na reference to a decision, finding, order or action of a court, Childrens Court judge, Childrens Court magistrate or other judicial officer—\nin relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or\nin relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement.\nNew section 6 applies in relation to a person—\nwhether the person is a child or an adult on the commencement; and\nwhether an offence committed by the person as a child was committed before, or is committed after, the commencement of this section; and\nwhether a proceeding for an offence against the person as a child was started before, or is started after, the commencement of this section.\nFor applying section 11 of the Act in relation to a child after the commencement, a reference to a child’s criminal history is taken to include any previous cautions administered to the child for an offence.\nIn this section—\nnew section 6 means section 6 as in force from the commencement.\ns 439 ins 2024 No. 54 s 58\namd 2025 No. 7 s 57\n(sec.439-ssec.1) In new section 6— a reference to a caution does not include a caution administered to a child before the commencement; and a reference to a finding of guilt includes a finding of guilt against a child that occurred before the commencement to the extent the finding of guilt formed part of the child’s criminal history under former section 154; and a reference to a restorative justice agreement does not include a restorative justice agreement— made by a child before the commencement; or made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and a reference to a decision, finding, order or action of a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement.\n(sec.439-ssec.2) New section 6 applies in relation to a person— whether the person is a child or an adult on the commencement; and whether an offence committed by the person as a child was committed before, or is committed after, the commencement of this section; and whether a proceeding for an offence against the person as a child was started before, or is started after, the commencement of this section.\n(sec.439-ssec.3) For applying section 11 of the Act in relation to a child after the commencement, a reference to a child’s criminal history is taken to include any previous cautions administered to the child for an offence.\n(sec.439-ssec.4) In this section— new section 6 means section 6 as in force from the commencement.\n- (a) a reference to a caution does not include a caution administered to a child before the commencement; and\n- (b) a reference to a finding of guilt includes a finding of guilt against a child that occurred before the commencement to the extent the finding of guilt formed part of the child’s criminal history under former section 154; and\n- (c) a reference to a restorative justice agreement does not include a restorative justice agreement— (i) made by a child before the commencement; or (ii) made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and\n- (i) made by a child before the commencement; or\n- (ii) made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and\n- (d) a reference to a decision, finding, order or action of a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— (i) in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or (ii) in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement.\n- (i) in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or\n- (ii) in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement.\n- (i) made by a child before the commencement; or\n- (ii) made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and\n- (i) in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or\n- (ii) in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement.\n- (a) whether the person is a child or an adult on the commencement; and\n- (b) whether an offence committed by the person as a child was committed before, or is committed after, the commencement of this section; and\n- (c) whether a proceeding for an offence against the person as a child was started before, or is started after, the commencement of this section.","sortOrder":738},{"sectionNumber":"sec.440","sectionType":"section","heading":"Release of information to eligible persons","content":"### sec.440 Release of information to eligible persons\n\nNew part 8, division 7 applies in relation to detainee information about a child whether the violent offence or sexual offence for which the child has been detained was committed before or after the commencement.\ns 440 ins 2024 No. 54 s 58\n(sec.440-ssec) New part 8, division 7 applies in relation to detainee information about a child whether the violent offence or sexual offence for which the child has been detained was committed before or after the commencement.","sortOrder":739},{"sectionNumber":"sec.441","sectionType":"section","heading":null,"content":"### Section sec.441\n\ns 441 ins 2024 No. 54 s 36\nexp 13 December 2025 (see s 441(4))","sortOrder":740},{"sectionNumber":"pt.11-div.26","sectionType":"division","heading":"Transitional provision for Making Queensland Safer (Adult Crime, Adult Time) Amendment Act 2025","content":"## Transitional provision for Making Queensland Safer (Adult Crime, Adult Time) Amendment Act 2025","sortOrder":741},{"sectionNumber":"sec.442","sectionType":"section","heading":"Application of new s 175A","content":"### sec.442 Application of new s 175A\n\nSection 175A, as amended by the Making Queensland Safer (Adult Crime, Adult Time) Amendment Act 2025 , applies in relation to an offence only if the offence was committed after the commencement.\ns 442 ins 2025 No. 10 s 6","sortOrder":742}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1992 Act focused primarily on establishing a juvenile justice administration framework and court procedures. Over 30+ years of amendments, the scope has broadened significantly to incorporate: a detailed restorative justice conferencing system (2002, 2012, 2016 amendments); drug diversion and graffiti removal program pathways (added via Police Powers and Responsibilities Act linkages); expanded Aboriginal and Torres Strait Islander community participation rights; court powers to dismiss charges where diversion should have occurred; and a newly formalised definition of a child's 'criminal history' (inserted 2024). What began as an administrative and court procedure code has evolved into a comprehensive multi-pathway diversion, rehabilitation, and justice system."},"complexity_factors":["Extensive cross-referencing between sections within the Act (e.g., sections 11, 22, 24, 24A, 32, 134, 150, 164, 165, 236, 245, 246, 247, 252A, 252D, 252E, 252F, 278)","Heavy reliance on external legislation including the Criminal Code, Police Powers and Responsibilities Act 2000, Drugs Misuse Act 1986, Justices Act 1886, Bail Act 1980, Criminal Law (Rehabilitation of Offenders) Act 1986, and Police Service Administration Act 1990","Multiple layers of decision-making hierarchies for police (take no action → caution → restorative justice → charge), each with their own conditions and exceptions","Frequent amendments over 30+ years (1993–2025) creating complex legislative history with inserted, renumbered, relocated, substituted, and omitted sections","Distinction between 'serious offences' and non-serious offences with complex carve-outs referencing Criminal Code sections 552A, 552B, 552BA, 552BB and Drugs Misuse Act sections 13 and 14","Tiered court jurisdiction across five different court levels with different rules applying at each level","Special provisions that apply differently depending on Indigenous status of the child, adding a parallel procedural stream","Definitions that are context-dependent (e.g., 'child' and 'criminal history' have extended or modified meanings in specific contexts)","Interaction between restorative justice agreements and criminal history creates ongoing legal consequences that persist after the conference process","Evidentiary rules (admissibility of statements and identifying particulars) with multiple exceptions and sub-exceptions requiring judicial discretion"],"plain_english_summary":"## Youth Justice Act 1992 (Queensland)\n\n### What is this law about?\nThis Queensland law creates a complete system for dealing with children (young people under 18) who commit or are accused of committing crimes. It covers everything from how police interact with young offenders, to court processes, sentencing options, detention, and release.\n\n### Who does it affect?\n- **Children and young people** accused of or who have committed offences in Queensland\n- **Their families** — parents and family members have rights and responsibilities throughout the process\n- **Aboriginal and Torres Strait Islander communities** — the law specifically recognises their role in rehabilitation and reintegration\n- **Victims of crime** — they can participate in restorative processes\n- **Police officers** — who have specific obligations before charging a child\n- **Courts** — including the Childrens Court, Magistrates Court, District Court, and Supreme Court\n\n### Key things this law does:\n\n**1. Diversion from courts (keeping kids out of the criminal justice system)**\nBefore charging a child with a non-serious offence, police *must* consider:\n- Taking no action at all\n- Giving the child a formal **caution** (an official warning — not a criminal conviction)\n- Referring the matter to a **restorative justice process** (bringing together the child, victim, family, and community to repair harm)\n- Offering drug diversion or graffiti removal programs\n\n**2. Restorative justice conferences**\nA 'conference' brings together the child, victim, their families, and a neutral convenor (meeting organiser) to reach a **conference agreement** — where the child commits to making amends. This is preferred over court proceedings for less serious matters. Indigenous community representatives and elders may also participate.\n\n**3. Special protections for children when police are involved**\n- A **support person** (like a parent or trusted adult) must generally be present when police take a child's identifying particulars (fingerprints etc.) or when a child makes a statement — otherwise that evidence usually can't be used in court\n- Identifying particulars must be destroyed if no conviction results\n- Police must generally use a summons (written notice to appear) rather than arrest\n\n**4. Specific recognition of Aboriginal and Torres Strait Islander peoples**\nThe law repeatedly requires that respected community members, elders, and community justice groups be involved in cautioning and conference processes for Indigenous children.\n\n**5. Criminal history of a child**\nA child's 'criminal history' includes cautions, findings of guilt, and restorative justice agreements — but *not* findings of guilt that are overturned. This history is considered when police decide how to proceed with future offences.\n\n### Why does this matter to you?\nIf you are a young person (or parent of a young person) who comes into contact with Queensland police for an offence, the law requires police to consider alternatives to court — not just automatically charge the child. You have the right to have a support person present in many situations. If you are a victim, you have the right to participate in a conference process."},"kimi_summary":{"_metrics":{"completionTokens":797},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1992 form. Major additions include: restorative justice processes (2002, 2016), drug diversion programs (2002), graffiti removal orders (2013), intensive supervision orders, monitoring device conditions for bail (2021), serious repeat offender declarations (2023), and enhanced adult-equivalent sentencing for serious offences (2024). The scope has shifted from purely rehabilitative to include more punitive elements for serious youth offending, reflecting changing political and community attitudes to youth crime."},"complexity_factors":["Extensive cross-referencing with other Queensland legislation (Criminal Code, Bail Act, Drugs Misuse Act, Police Powers and Responsibilities Act, etc.)","Multiple overlapping sentencing regimes with different maximum penalties depending on offence type, court composition, and child age","Complex procedural rules for election between summary and indictable proceedings, including conditional and revocable elections","Detailed conditional logic for bail decisions involving risk assessments, monitoring devices, and multiple exceptions","Intricate rules for combining different sentence orders (probation, community service, detention, graffiti removal) with specific prohibitions and sequencing requirements","Extensive definitions and exceptions for 'serious offences', 'prescribed indictable offences', and 'relevant offences' that determine available procedures","Special provisions for Aboriginal and Torres Strait Islander children including community justice group submissions and culturally appropriate cautioning","Multiple sunset clauses and temporary provisions with expiry dates requiring ongoing legislative tracking"],"plain_english_summary":"**What this law does:**\n\nThe *Youth Justice Act 1992* (Queensland) establishes a complete framework for how children who commit offences are dealt with by police and courts. It aims to keep children out of the formal criminal justice system where possible, while ensuring serious offences are properly addressed.\n\n**Key features:**\n\n- **Diversion before court:** Police must consider alternatives to charging children, including cautions (formal warnings), restorative justice conferences (meetings between offender, victim and community), or drug diversion programs for minor drug offences.\n\n- **Special court procedures:** Children generally appear in the Childrens Court, with specially trained magistrates and judges. Parents must be notified and encouraged to attend. Children can choose to have serious offences dealt with summarily (by a magistrate) or on indictment (before a judge, with or without a jury).\n\n- **Sentencing options:** Courts can impose reprimands, fines, good behaviour orders, probation, community service, graffiti removal orders, intensive supervision, or detention in youth detention centres. Detention is reserved for serious offences and must be served in dedicated youth facilities, not adult prisons.\n\n- **Restorative justice:** The Act emphasises conferences where children meet victims to understand harm caused and agree on how to make amends. These agreements become part of the child's official record.\n\n- **Protection of children in custody:** Strict rules govern when children can be held in police watch-houses versus youth detention centres, with requirements to transfer children to appropriate facilities promptly.\n\n- **Transition to adulthood:** Special rules apply when someone commits an offence as a child but becomes an adult before sentencing, generally allowing them to be treated as a child for proceedings started within one year of turning 18.\n\n**Who it affects:**\n\nChildren (generally under 18) alleged to have committed offences in Queensland; their families; victims of youth crime; police officers; youth justice workers; and courts.\n\n**Why it matters:**\n\nThe Act recognises that children have different developmental needs and greater capacity for rehabilitation than adults. It balances community safety with opportunities for children to take responsibility for their actions without being permanently labelled as criminals."}},"importantCases":[],"_links":{"self":"/api/acts/youth-justice-act-1992","history":"/api/acts/youth-justice-act-1992/history","analysis":"/api/acts/youth-justice-act-1992/analysis","conflicts":"/api/acts/youth-justice-act-1992/conflicts","importantCases":"/api/acts/youth-justice-act-1992/important-cases","documents":"/api/acts/youth-justice-act-1992/documents"}}