{"id":"youth-justice-act-2005","name":"Youth Justice Act 2005","slug":"youth-justice-act-2005","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30657,"registerId":"nt-youth-justice-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Youth Justice Act 2005.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\nThe following are objects of this Act:\n(a) to specify the general principles of justice in respect of youth;\n(b) to provide for the administration of justice in respect of youth;\n(c) to provide how a youth who has committed, or is alleged to\nhave committed, an offence is to be dealt with;\n(d) to ensure that a youth who has committed an offence is made\naware of his or her obligations (and rights) under the law and\nof the consequences of contravening the law;\n(e) to ensure that a youth who has committed an offence is given\nappropriate treatment, punishment and rehabilitation;\n(f) to continue in existence the Juvenile Court, established by the\nrepealed Act, as the Youth Justice Court.\n\nYouth Justice Act 2005 2\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Principles","content":"4 Principles\nThe following are general principles that must be taken into account\nin the administration of this Act:\n(a) if a youth commits an offence, he or she must be held\naccountable and encouraged to accept responsibility for the\nbehaviour;\n(b) the youth should be dealt with in a way that acknowledges his\nor her needs and will provide him or her with the opportunity to\ndevelop in socially responsible ways;\n(d) a youth must be dealt with in the criminal law system in a\nmanner consistent with his or her age and maturity and have\nthe same rights and protection before the law as would an\nadult in similar circumstances;\n(e) a youth should be made aware of his or her obligations under\nthe law and of the consequences of contravening the law;\n(f) a youth who commits an offence should be dealt with in a way\nthat allows him or her to be re-integrated into the community;\n(g) a balanced approach must be taken between the needs of the\nyouth, the rights of any victim of the youth's offence and the\ninterests of the community;\n(h) family relationships between a youth and members of his or\nher family should, where appropriate, be preserved and\nstrengthened;\n(i) a youth should not be withdrawn unnecessarily from his or her\nfamily environment and there should be no unnecessary\ninterruption of a youth's education or employment;\n(j) a youth's sense of racial, ethnic or cultural identity should be\nacknowledged and he or she should have the opportunity to\nmaintain it;\n(k) a victim of an offence committed by a youth should be given\nthe opportunity to participate in the process of dealing with the\nyouth for the offence;\n(l) a responsible adult in respect of a youth should be\nencouraged to fulfil his or her responsibility for the care and\nsupervision of the youth;\n\nYouth Justice Act 2005 3\n(m) a decision affecting a youth should, as far as practicable, be\nmade and implemented within a time frame appropriate to the\nyouth's sense of time;\n(n) punishment of a youth must be designed to give him or her an\nopportunity to develop a sense of social responsibility and\notherwise to develop in beneficial and socially acceptable\nways;\n(o) if practicable, an Aboriginal youth should be dealt with in a\nway that involves the youth's community;\n(p) programs and services established under this Act for youth\nshould:\n(i) be culturally appropriate; and\n(ii) promote their health and self-respect; and\n(iii) foster their sense of responsibility; and\n(iv) encourage attitudes and the development of skills that\nwill help them to develop their potential as members of\nsociety;\n(q) unless the public interest requires otherwise, criminal\nproceedings should not be instituted or continued against a\nyouth if there are alternative means of dealing with the matter;\n(r) as far as practicable, proceedings in relation to youth\noffenders must be conducted separately from proceedings in\nrelation to adult offenders.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"5 Interpretation\n(1) In this Act:\nAboriginal means:\n(a) a descendant of the Aboriginal people of Australia; or\n(b) a descendant of the indigenous inhabitants of the Torres Strait\nIslands.\nAboriginal customary law means:\n(a) customary law of the Aboriginal people of Australia; or\n\nYouth Justice Act 2005 4\n(b) customary law of the indigenous inhabitants of the Torres\nStrait Islands.\nAboriginal experience report, for Part 5, Division 4, see\nsection 80B.\nAboriginal tradition means:\n(a) tradition of the Aboriginal people of Australia; or\n(b) tradition of the indigenous inhabitants of the Torres Strait\nIslands.\nalternative detention order means an order made under\nsection 83(1)(j).\nappropriate authority, in relation to a youth, means:\n(a) for a youth sentenced to a term of imprisonment – the\nCommissioner of Correctional Services; or\n(b) otherwise – the CEO.\napproved member, for Part 5, Division 4, see section 80A.\napproved monitoring device means a monitoring device\napproved under section 140AB.\napproved project means a rehabilitation project or work, or both,\napproved under section 97.\nbuccal swab means a procedure where a sample of saliva or\nmouth cells is taken from the inside of a person's cheek by use of a\nswab.\nCEO means the Chief Executive Officer.\ncharge, in respect of an offence, includes:\n(a) an information in respect of an indictable offence; and\n(b) a complaint in respect of a summary offence.\ncommunity court sentencing procedure, for Part 5, Division 4,\nsee section 80A.\ncommunity work order means an order made under\nsection 83(1)(h).\n\nYouth Justice Act 2005 5\ncommunity youth justice officer means a person who is\nappointed as a community youth justice officer under\nsection 140AA.\nCourt means the Youth Justice Court as mentioned in section 45\nand, if the context requires, includes the Supreme Court exercising\nits jurisdiction under this Act.\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\ndetainee means a youth lawfully detained in a detention centre.\ndetention centre means a youth detention centre approved under\nsection 148.\ndivert, for Part 3, see section 38.\nemergency situation includes a situation in which there is an\nimminent risk of a youth:\n(a) inflicting self-harm; or\n(b) harming another person; or\n(c) seriously damaging property.\nfamily responsibility agreement means an agreement under\nPart 6A, Division 2.\nFines Recovery Unit means the Fines Recovery Unit established\nunder the Fines and Penalties (Recovery) Act 2001.\nforensic procedure means an intimate procedure or non-intimate\nprocedure.\ngood behaviour order means an order made under\nsection 83(1)(f).\nidentifying procedure has the meaning in section 8(2).\nillicit drug or substance has the meaning in section 9.\nintimate procedure has the meaning in section 7.\nLaw and Justice Group, for Part 5, Division 4, see\nsection 107C(2) of the Sentencing Act 1995.\nmidwife means a person registered under the Health Practitioner\nRegulation National Law to practise in the midwifery profession\n(other than as a student).\n\nYouth Justice Act 2005 6\nmonitoring device means one of the following:\n(a) an electronic device attached to, or worn by, a person for one\nor more of the following purposes:\n(i) to monitor a person's compliance with a monitoring\norder;\n(ii) to monitor a person's compliance with this Act;\n(iii) a purpose prescribed by regulation;\n(iv) to enable electronic reporting of the results of the\nmatters mentioned in subparagraphs (i) to (iii);\n(b) a voice recognition system that is designed to:\n(i) verify the voice of a particular person; and\n(ii) enable the person's geographical location to be\nmonitored.\nmonitoring order means any of the following:\n(a) an alternative detention order;\n(b) any other order made under this Act or the Sentencing\nAct 1995 that:\n(i) imposes a condition on a youth; and\n(ii) requires the CEO or a community youth justice officer to\nmonitor compliance with the condition;\n(c) a parole order as defined in section 3(1) of the Parole\nAct 1971.\nnon-intimate procedure has the meaning in section 8(1).\nnon-parole period, for a sentence of detention or imprisonment,\nmeans a period fixed by the Court during which the youth is not\neligible to be released on parole.\nnurse means a person registered under the Health Practitioner\nRegulation National Law to practise in the nursing profession (other\nthan as a student).\nofficial visitor means a person appointed to be an official visitor\nunder section 169.\n\nYouth Justice Act 2005 7\nparental responsibility means all the duties, powers,\nresponsibilities and authority which, by law, parents have in relation\nto their children.\nperiodic detention order means an order made under\nsection 83(1)(k).\npermitted restraint means a restraint device prescribed under\nsection 155(1).\npreliminary examination means the procedure under Part V of the\nLocal Court (Criminal Procedure) Act 1928 relating to indictable\nprescribed alcohol/drug test means a test prescribed as\nmentioned under section 140AF(6)(a).\nprescribed offence, see section 38A.\nproceedings, in relation to a youth, includes a preliminary\nexamination.\nprosecutor includes the Director of Public Prosecutions.\nrelative includes a relative according to Aboriginal tradition or\ncontemporary social practice, a spouse and a de facto partner.\nresponsible adult, in respect of a youth, means a person who\nexercises parental responsibility for the youth, whether the\nresponsibility is exercised in accordance with contemporary social\npractice, Aboriginal customary law and Aboriginal tradition or in any\nother way.\nrestricted drug, for a youth, means any of the following:\n(a) a dangerous drug as defined in section 3(1) of the Misuse of\nDrugs Act 1990;\n(b) a Schedule 4, 8 or 9 substance as defined in section 7 of the\nMedicines, Poisons and Therapeutic Goods Act 2012;\n(c) any other drug specified in the youth's monitoring order as one\nthat the youth is not permitted to use.\nsupport person has the meaning in section 35.\nthe repealed Act means the Juvenile Justice Act 1983 as in force\nimmediately before the date on which this Act commences.\n\nYouth Justice Act 2005 8\nvictim means:\n(a) a person who suffers harm arising from an offence; or\n(b) if a person dies as a result of the commission of the offence, a\nperson who was a relative of, or who was financially or\nemotionally dependent on, the deceased person.\nyouth has the meaning in section 6.\nYouth Justice Conference, in relation to a youth, includes:\n(a) a conference with the victim or victims of the offence the youth\nis believed to have committed; and\n(b) a conference with members of the youth's family.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this Act, if the context requires, Local Court Judge includes a\nSupreme Court Judge.\n(3) In this Division:\nintimate part of the body means any of the following:\n(a) the genital area;\n(b) the anal area;\n(c) the buttocks;\n(d) if the youth is a female – the breasts.\nnon-intimate part of the body means a part of the body that is not\nan intimate part of the body.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of youth","content":"6 Meaning of youth\n(1) In this Act, a youth is:\n(a) a person under 18 years of age; or\n(b) in the absence of proof as to age, a person apparently under\n18 years of age.\n(2) If the context requires, a youth includes a person who committed an\noffence as a youth but has since turned 18 years of age.\n\nYouth Justice Act 2005 9\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Intimate procedures","content":"7 Intimate procedures\nFor this Act, an intimate procedure includes any of the following:\n(a) an internal or external examination of an intimate part of the\nbody;\n(b) an internal examination of a non-intimate part of the body;\n(c) taking from an intimate part of the body a substance, or a\nsample of a substance, on or in the body;\n(d) taking a sample of blood (other than by a swab or washing\nfrom an external non-intimate part of the body);\n(e) taking a sample of pubic hair;\n(f) taking a sample from an intimate part of the body:\n(i) by swab or washing; or\n(ii) by vacuum suction, scraping or lifting by tape;\n(g) taking a dental impression or an impression of a bite mark;\n(h) taking a photograph, or an impression or cast, of a wound to\nan intimate part of the body;\n(i) taking an X-ray;\n(j) taking a sample of urine.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Non-intimate procedures","content":"8 Non-intimate procedures\n(1) For this Act, a non-intimate procedure includes any of the following:\n(a) taking a sample of saliva or a sample by buccal swab;\n(b) an external examination of a non-intimate part of the body;\n(c) taking a sample of hair other than pubic hair;\n(d) taking a sample from an external non-intimate part of the\nbody:\n(i) by swab or washing; or\n(ii) by vacuum suction, scraping or lifting by tape;\n(e) taking a photograph of, or an impression or cast of a wound\nto, a non-intimate part of the body;\n\nYouth Justice Act 2005 10\n(f) an identifying procedure.\nidentifying procedure means:\n(a) the taking of prints of the hands, fingers, feet or toes; or\n(b) the taking of photographs of the youth that are:\n(i) of an identifying nature; and\n(ii) of a non-intimate part of the body.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Illicit drug or substance","content":"9 Illicit drug or substance\nFor this Act, an illicit drug or substance is any of the following:\n(a) a drug or substance, the possession of which is prohibited\nunder a law in force in the Territory;\n(b) a drug or substance for which a prescription is required, if no\nprescription is in force in relation to the youth:\n(i) in whose possession the drug or substance is found; or\n(ii) in whose body the drug or substance is detected;\n(c) in relation to a youth who is detained at a detention centre – a\ndrug or substance, the possession of which is prohibited under\nthe rules of the detention centre;\n(d) in relation to a youth who is the subject of an alternative\ndetention order – a drug or substance, the possession of\nwhich is prohibited under the conditions of the order.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Use of force generally","content":"10 Use of force generally\n(1) If this Act permits a person to use force on a youth, the person may\nonly use force if:\n(a) all other reasonably practicable measures to resolve the\nsituation have been attempted and those measures have\nfailed to resolve the situation; and\n(b) the person using the force:\n(i) gives a clear warning of the intended use of force; and\n\nYouth Justice Act 2005 11\n(ii) allows a reasonable amount of time for the youth to\nobserve the warning; and\n(iii) uses no more force than the person considers to be\nnecessary and reasonable in the circumstances as\nperceived by the person; and\n(iv) holds a current qualification in physical intervention\ntechniques on youths.\nNote for subsection (1)(b)(iv)\nSee section 147C(4) in relation to police officers and correctional officers\nproviding assistance under that section.\n(2) Subsection (1)(a) and (b)(i) and (ii) do not apply if the force is used\nin an emergency situation.\n(3) For subsection (1)(b)(iii), a person considering what force is\nnecessary and reasonable in the circumstances may have regard to\nthe age, gender, physical and mental health, or background of the\nyouth in relation to whom the force is to be used.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Application of Part","content":"12 Application of Part\nThis Part applies despite the provisions of any other Act.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Definitions","content":"13 Definitions\nIn this Part, unless the contrary intention appears:\nauthorised officer means:\n(a) the Commissioner of Police, a Deputy Commissioner of Police\nor Assistant Commissioner of Police; or\n(b) a police officer authorised under section 36.\ninterview includes asking questions of a person.\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Register of appropriate support persons","content":"14 Register of appropriate support persons\n(1) The CEO must establish and maintain a register of persons\nappropriate to be support persons.\n\nYouth Justice Act 2005 12\n(2) The register must include persons who are suitable to be support\npersons for Aboriginal youth.\n(3) The register must not include youths, police officers or persons who\nare employed at a detention centre.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Explanations by police officers","content":"15 Explanations by police officers\n(1) If a police officer is required to inform a youth of any matter in\nrelation to an investigation of an offence, whether under this Act or\nany other law in force in the Territory, the explanation must be\nmade in a language and manner the youth is likely to understand,\nhaving regard to the youth's age, health, maturity, cultural\nbackground and English language skills.\n(1A) If the youth appears to have insufficient English language skills to\nunderstand the explanation, the police officer must take reasonable\nefforts to obtain a qualified interpreter for the explanation.\n(2) Before a youth is searched in connection with the investigation of\nan offence, a police officer must, unless impracticable, inform the\nyouth of his or her ability to access legal advice and representation.\n(3) Any action taken is not unlawful, and any evidence obtained is not\ninadmissible, only because of a failure to comply with this section.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Guidelines in relation to arrest of youths","content":"16 Guidelines in relation to arrest of youths\n(1) The Commissioner of Police may, by general orders issued under\nthe Police Administration Act 1978, issue guidelines, not\ninconsistent with that Act or this Act, in relation to the arrest of\nyouths and the investigation of offences committed or believed to\nhave been committed by youths.\n(2) The arrest of a youth in relation to an offence, without a warrant but\nin accordance with the guidelines referred to in subsection (1), is\nnot unlawful only because:\n(a) an authorised officer does not consent to a prosecution in\nrelation to the matter; or\n(b) it subsequently appears, or it is found by a court or a jury, that\nthe youth did not commit the offence.\n(3) The arrest of a youth is not unlawful only because the police officer\narresting the youth did not do so in accordance with this Act or the\nguidelines if, at the time of the arrest the officer reasonably believed\nthat the person arrested was not a youth.\n\nYouth Justice Act 2005 13\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Authorised officer to be notified","content":"17 Authorised officer to be notified\nIf the police officer who arrests a youth is not an authorised officer,\nhe or she must, as soon as practicable after the youth is arrested,\nnotify an authorised officer of the arrest.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Interview of youth","content":"18 Interview of youth\n(1) This section applies if a police officer believes on reasonable\ngrounds that a youth has committed or is implicated in the\ncommission of an offence that, if committed by an adult, would be\npunishable by imprisonment for 12 months or longer.\n(1A) The officer must do the following before interviewing the youth in\nrespect of the offence, or causing the youth to do anything in\nconnection with the investigation of the offence:\n(a) inform the youth of the youth's ability to access legal advice\nand representation;\n(b) provide the youth with access to legal advice and\nrepresentation in a place and a manner that allows the youth\nprivacy;\n(c) inform the youth of the youth's ability to contact a friend,\nrelative, a responsible adult in respect of the youth or other\nsupport person who must be present while the officer\ninterviews the youth or the youth does the act.\nNote for subsection (1A)\nSection 15 applies to explanations by police officers in relation to an investigation\nof an offence.\n(1B) If a youth exercises the youth's right to silence, including exercising\nthe right through legal representation, the officer must not interview\nthe youth in respect of the offence.\n(2) The officer must not interview the youth in respect of the offence, or\ncause the youth to do anything in connection with the investigation\nof the offence, unless a person mentioned in subsection (1A)(c) is\npresent while the officer interviews the youth or the youth does the\nact.\n\nYouth Justice Act 2005 14\n(2A) Despite subsection (2), the police officer may conduct a breath test,\nbreath analysis or saliva test in relation to the youth in accordance\nwith a requirement of section 24, 29AAA, 29AAB, 29AAC, 29AAD\nor 29AAF of the Traffic Act 1987 without a person mentioned in\nsubsection (1A)(c) being present if the officer has made reasonable\nendeavours to arrange the presence of such a person.\nExample for subsection (2A)\nUsed multiple contact methods to attempt to contact multiple friends, relatives,\nresponsible adults or support persons.\n(3) This section does not affect the power of a police officer, under the\nPolice Administration Act 1978 or any other Act, to require a youth\nto give the youth's name and address.\n(4) The police officer must keep a record of the particulars prescribed\nby the Regulations in exercising a power under this section.\n(5) To avoid doubt, this section does not apply in relation to the\n(a) the search of a youth under section 19;\n(b) a procedure carried out under Division 3.\nNotes for subsection (5)\n1 Section 19 provides for the presence of a support person while a search\nis carried out.\n2 Section 29 provides for the presence of a support person while a forensic\nprocedure is carried out.\n19 Search of youth\n(1) A police officer must not search the property, person or clothing of a\nyouth as part of an investigation of an offence unless there is a\nsupport person present.\n(2) Subsection (1) does not apply if the officer reasonably believes:\n(a) that a search of the property, person or clothing of the youth\nneeds to be carried out as a matter of urgency; and\n(b) that a delay to allow a support person to be present would\ncreate an unacceptable risk of harm to the youth or another\nperson or the loss or destruction of evidence.\n(3) If the search is conducted without a support person being present,\nthe officer must do so in a manner that preserves the dignity of the\nyouth as best as is practicable.\n\nYouth Justice Act 2005 15\n(4) The officer must not require a youth to remove any clothing that the\nyouth is wearing unless:\n(a) the officer has reasonable grounds for believing that the\nremoval and examination of the clothing may afford evidence\nof the commission of an offence; and\n(b) the youth is provided with adequate clothing to replace the\nclothing removed.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Search must be by person of same gender","content":"20 Search must be by person of same gender\n(1) The person or clothing of a youth must only be searched by a\nperson of the same gender as the youth and the search must be\ncarried out in a place and a manner that allows the youth privacy\nfrom persons of the other gender.\n(2) If a police officer of the same gender as the youth is not available\nwithin a reasonable time, a person of the appropriate gender who is\nnot a police officer may carry out the search under the direction of a\npolice officer who must take the necessary measures to preserve\nthe youth's privacy and dignity.\n(3) A person who carries out a search of a youth in accordance with\nsubsection (2) has, for the purposes of that search, the same\npowers and the same protection as a police officer.\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Authorised officer must consent to prosecution","content":"21 Authorised officer must consent to prosecution\n(1) A youth must not be charged with an offence without the consent of\nan authorised officer.\n(2) A document that charges a youth with one or more offences must:\n(a) indicate that the charges have been consented to by an\nauthorised officer; and\n(b) identify the authorised officer.\n(3) The document is evidence that:\n(a) the officer named is an authorised officer; and\n(b) the youth has been charged with the offence or offences with\nthe consent of the authorised officer.\n(4) Subsection (1) does not affect a requirement under any other law to\nobtain consent to a prosecution.\n\nYouth Justice Act 2005 16\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Charge to be by summons except in certain cases","content":"22 Charge to be by summons except in certain cases\n(1) A police officer must not charge a youth at a police station with an\noffence unless the officer believes on reasonable grounds that:\n(a) the youth will not appear in court to answer a summons in\nrelation to the offence; or\n(b) releasing the youth from custody will be accompanied by a\nsubstantial risk of:\n(i) a continuation or repetition of the offence or another\noffence by the youth; or\n(ii) the loss or destruction of evidence relating to the\noffence; or\n(iii) harm to the youth.\n(2) If subsection (1)(a) or (b) applies, the officer may, subject to\nsection 21, charge the youth at a police station with the offence\nand:\n(a) release the youth on bail; or\n(b) apply under section 24 for an order that the youth be detained\nin custody.\n(3) Subsection (2)(a) does not apply if the offence with which the youth\nis charged is an offence to which section 7A(1) of the Bail Act 1982\napplies.\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Responsible adults to be informed","content":"23 Responsible adults to be informed\n(1) As soon as practicable after a youth is:\n(a) arrested in relation to an offence; or\n(b) charged with an offence,\nthe police officer who arrested or charged the youth must take all\nreasonable steps to ensure that a responsible adult in respect of\nthe youth is notified of the arrest or charge.\n(2) The notification must include the time and place when the youth will\nbe brought before the Court or, if summoned, when the youth must\nappear in court.\n(3) This section applies whether the responsible adult resides in the\nTerritory or not.\n\nYouth Justice Act 2005 17\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Detention of youth not admitted to bail","content":"24 Detention of youth not admitted to bail\n(1) If a youth has been charged with an offence and is not admitted to\nbail, a police officer must, as soon as practicable, apply to the Court\nor a Local Court Judge for an order that the youth be detained at a\ndetention centre or other place approved by the Minister for the\npurpose.\n(2) A police officer may apply for an order under subsection (1) in\nperson or, if it is not practicable to apply in person, the officer may\napply by telephone to a Local Court Judge.\n(3) If the Court or Local Court Judge makes the order, it must:\n(b) specify the detention centre or other place at which the youth\nis to be detained.\n(4) The Court or Local Court Judge must give or send a copy of the\norder to the police officer as soon as practicable.\n(5) The police officer may take the youth to the detention centre or\nother place under the order despite not having received the copy if\nhe or she is informed of the order by the Court or Local Court Judge\nby telephone.\n(6) The person in charge of the detention centre or place must detain\nthe youth at the centre or place in accordance with the order or, if\nthe order has been given by telephone, a version of the order\nsigned by the police officer.\n(7) The police officer who charged the youth must take all reasonable\nsteps to ensure that a responsible adult in respect of the youth is\nnotified that the youth has been detained in custody and the place\nat which the youth is detained.\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Detained youth requiring medical attention","content":"25 Detained youth requiring medical attention\n(a) a youth is to be detained in accordance with an order under\nsection 24; and\n(b) the youth requires medical attention.\n(2) Instead of being taken to the detention centre or other place\nspecified in the order under section 24, the youth may be taken to a\nhospital as defined in section 5 of the Medical Services Act 1982 or\na private hospital as defined in section 4 of the Private Hospitals\n\nYouth Justice Act 2005 18\nAct 1981 and, if the person in charge of the hospital or private\nhospital consents, be detained there.\n(3) If there is not a hospital available, the youth must be taken to a\ncommunity health centre.\n(4) While in the hospital or health centre, the youth remains in the\ncustody of the Police Force.\n(5) On being discharged from the hospital or health centre, the youth\nmust be taken to the specified detention centre or other approved\nplace unless he or she has in the meantime been admitted to bail.\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Separation from adults where practicable","content":"26 Separation from adults where practicable\nIf a youth is taken from the place at which he or she is detained to a\ncourt, or from a court to the place of detention, he or she must, as\nfar as practicable, be kept apart from other persons under detention\nwho are not youths.\n","sortOrder":23},{"sectionNumber":"27","sectionType":"section","heading":"Youth to be brought before Court promptly","content":"27 Youth to be brought before Court promptly\n(1) If a youth is charged with an offence and is not released from\ncustody, the youth must be brought before the Court:\n(a) as soon as practicable and within 24 hours after the charge; or\n(b) on the next business day after the charge.\n(2) The youth may be brought before the Court by audiovisual link or\nby telephone.\n(3) Subject to subsection (6), if the youth is not brought before the\nCourt in accordance with subsection (1), the person in whose\ncustody the youth is being held must immediately release the youth.\n(4) The person in whose custody the youth is being held may apply to\na Local Court Judge to extend the time mentioned in subsection (1).\n(5) The application to the Judge may be made by audiovisual link or by\ntelephone.\n(6) The Judge may grant the extension of time if the Judge is satisfied\nthat circumstances beyond the control of the person in whose\ncustody the youth is being held prevent the person from bringing\nthe youth before the Court in accordance with subsection (1).\nExamples of circumstances for subsection (6) include the following:\n(a) an emergency situation or natural disaster that causes delays in\ntransportation arrangements for the youth;\n\nYouth Justice Act 2005 19\n(b) a weather event that causes delays in transportation arrangements for\nthe youth;\n(c) riotous conduct in a remote community where the youth is located which\nprevents the youth from being transported to the Court;\n(d) the youth requires medical attention;\n(e) the equipment required to bring the youth before the Court has failed;\n(f) there is a safety or security concern in transporting the youth to the\n(7) If the Judge grants the extension of time under subsection (6), the\nJudge must make orders in relation to when and how the youth\nmust be brought before the Court.\n","sortOrder":24},{"sectionNumber":"28","sectionType":"section","heading":"Interpretation","content":"28 Interpretation\n(1) In this Division:\nsenior police officer means a police officer of the rank of\nSuperintendent or a higher rank.\n(2) In this Division, a reference to carrying out a forensic procedure\nincludes causing the procedure to be carried out by another person.\n","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Restriction on carrying out procedure","content":"29 Restriction on carrying out procedure\nA forensic procedure must not be carried out under this Division\nunless a support person is present while the procedure is carried\nout.\n","sortOrder":26},{"sectionNumber":"30","sectionType":"section","heading":"Intimate procedure","content":"30 Intimate procedure\n(1) An authorised officer or a police officer for the time being in charge\nof a police station may arrange for a medical practitioner or dentist\nto carry out an intimate procedure on a youth in the following\ncircumstances:\n(a) the youth is in lawful custody in respect of an offence;\n(b) the youth has been charged with an offence;\nagainst him or her for an offence;\nof an offence being brought against the youth by summons.\n\nYouth Justice Act 2005 20\n(2) The officer may only make the arrangement if he or she believes on\nreasonable grounds that the procedure may provide evidence\nrelating to the offence or any other offence punishable by\nimprisonment.\n(3) The intimate procedure must only be carried out with the approval\nof a Local Court Judge.\n(4) The officer may apply to a Local Court Judge for the approval:\n(5) The Local Court Judge may approve an intimate procedure being\ncarried out if, after hearing the officer and the youth to whom the\napplication relates, the Local Court Judge is satisfied that the officer\nhas reasonable grounds for believing that the procedure may\nprovide evidence referred to in subsection (2).\n(b) specify the intimate procedure that may be carried out.\n(7) The Local Court Judge must give or send a copy of the approval to\nthe officer as soon as practicable.\n(8) The officer may proceed under the approval despite not having\nreceived it if he or she is informed of the approval by the Local\nCourt Judge by telephone.\n(9) A medical practitioner or dentist may carry out the intimate\nprocedure in accordance with the approval.\n(10) A police officer:\n(a) may assist a medical practitioner or dentist to carry out the\nintimate procedure; and\n(b) may use reasonable force when assisting the medical\npractitioner or dentist.\nNote for subsection (10)\n(11) Before the intimate procedure is carried out, a police officer must\ninquire whether the youth, or the support person who is with the\nyouth in accordance with section 29, wishes to have a medical\n\nYouth Justice Act 2005 21\npractitioner or dentist of his or her own choice present when the\nprocedure is carried out.\n(12) If the youth or support person wishes to have a medical practitioner\nor dentist of his or her own choice present, the police officer must:\n(a) provide reasonable facilities to enable the youth or person to\narrange for the medical practitioner or dentist to be present;\nand\n(b) unless it would be impracticable to do so – arrange for the\nintimate procedure to be carried out at a time when the\nmedical practitioner or dentist can be present.\n(13) A medical practitioner or dentist is not civilly or criminally liable for\nan act done or omitted to be done in good faith in carrying out an\nintimate procedure under this section.\n(14) This section does not prevent a medical practitioner or dentist from\nexamining a youth in lawful custody at the request of the youth or\ntreating the youth for an illness or injury.\n(15) In this section:\ndentist means a person registered under the Health Practitioner\nRegulation National Law:\n(a) to practise in the dental profession as a dentist (other than as\na student); and\n(b) in the dentists division of that profession.\n","sortOrder":27},{"sectionNumber":"31","sectionType":"section","heading":"Non-intimate procedure","content":"31 Non-intimate procedure\n(1) A police officer may carry out a non-intimate procedure on a youth\nin the following circumstances:\n(a) the youth is suspected by a police officer, on reasonable\ngrounds, of having committed an indictable offence;\n(b) the youth has been charged with an offence punishable by\nimprisonment;\nagainst the youth for an offence punishable by imprisonment;\nof an offence punishable by imprisonment being brought\nagainst the youth by summons.\n\nYouth Justice Act 2005 22\n(2) The non-intimate procedure may be carried out:\n(a) if the approval of a Local Court Judge is obtained; or\n(b) if the approval of a senior police officer is obtained.\n(3) A senior police officer must not approve the procedure unless he or\nshe is satisfied the youth is 14 years of age or older.\n(4) A police officer may apply to a Local Court Judge or a senior police\nofficer for the approval:\n(5) The Local Court Judge or senior police officer may approve a non-\nintimate procedure being carried out after hearing the police officer\nand the youth to whom the application relates.\n(b) specify the non-intimate procedure that may be carried out.\n(7) The Local Court Judge or senior police officer must give or send a\ncopy of the approval to the police officer as soon as practicable.\n(8) The police officer may proceed under the approval despite not\nhaving received it if he or she is informed of the approval by the\nLocal Court Judge or senior police officer by telephone.\n(9) If the non-intimate procedure is the taking of a sample by buccal\nswab, the police officer must direct the youth to provide the sample.\n(10) If the youth does not comply by providing a sample sufficient to\nenable an analysis of it to be carried out, the police officer may take\nthe sample.\n(11) The police officer may use reasonable force in carrying out the\nnon-intimate procedure.\nNote for subsection (11)\n\nYouth Justice Act 2005 23\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Voluntary non-intimate procedure","content":"32 Voluntary non-intimate procedure\n(1) A senior police officer may carry out a non-intimate procedure on a\nyouth if the youth consents in writing, and a responsible adult in\nrespect of the youth consents in writing, to the procedure being\ncarried out.\n(2) If the procedure is carried out for the purposes of investigating an\noffence, any information obtained from the procedure:\n(a) must not be used for investigating any other offence other\nthan a relevant offence; and\n(b) is inadmissible as evidence in any proceedings other than\nproceedings for the offence or a relevant offence.\nrelevant offence means an offence that, if committed by an adult,\nwould be punishable by a term of imprisonment of 14 years or\nmore.\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Identifying procedure","content":"33 Identifying procedure\n(1) An authorised officer or a police officer for the time being in charge\nof a police station may carry out an identifying procedure on a youth\nin the following circumstances:\n(a) the youth is in lawful custody in respect of an offence;\n(b) the youth has been charged with an offence;\nagainst him or her for an offence;\nof an offence being brought against the youth by summons.\n(2) The officer may carry out the procedure if he or she is satisfied that\nthe youth is 14 years of age or older.\n(3) If the officer considers the youth is younger than 14 years, the\nofficer must apply to a Local Court Judge for approval to carry out\nthe identifying procedure.\n(4) The officer may apply:\n\nYouth Justice Act 2005 24\n(5) The Local Court Judge may approve an identifying procedure being\ncarried out after hearing the officer and the youth to whom the\napplication relates.\n(b) specify the identifying procedure that may be carried out.\n(7) The Local Court Judge must give or send a copy of the approval to\nthe officer as soon as practicable.\n(8) The officer may proceed under the approval despite not having\nreceived it if he or she is informed of the approval by the Local\nCourt Judge by telephone.\n(9) The officer may use reasonable force in carrying out the identifying\nprocedure.\nNote for subsection (9)\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Youth to be provided with copy of report","content":"34 Youth to be provided with copy of report\n(1) A youth on whom a forensic procedure is carried out under this\nDivision, or the support person with the youth, must be provided\nwith a copy of:\n(a) if the procedure was carried out by a medical practitioner or\ndentist – the report in respect of the procedure by the medical\npractitioner or dentist; and\n(b) any reports in relation to the testing or analysis of samples\nobtained from the procedure.\n(2) However, a report does not need to be given to the youth or support\nperson if the sample that was analysed or tested was a sample\nfrom a person other than the youth despite that the sample was\ntaken from the body of the youth under the procedure.\n","sortOrder":31},{"sectionNumber":"35","sectionType":"section","heading":"Support person","content":"35 Support person\n(1) For this Part, a support person, in relation to a youth, is one of the\n(a) a responsible adult in respect of the youth;\n\nYouth Justice Act 2005 25\n(b) a person nominated by the youth;\n(c) a legal practitioner acting for the youth;\n(d) a person called upon under subsection (5).\n(2) A person cannot be a support person if he or she is, in the opinion\nof a police officer dealing with a youth, an accomplice of the youth\nin the alleged offence or likely to lose, destroy or fabricate evidence\nrelating to the offence.\n(3) A youth cannot be a support person, but nothing prevents a youth\nwho is being dealt with under this Act requesting another particular\nyouth be present as well as a support person.\n(4) Unless in the person's capacity as a responsible adult in respect of\nthe youth, a police officer or a person employed at a detention\ncentre cannot be a support person.\n(5) If a police officer has made reasonable attempts to have a person\nmentioned in subsection (1)(a), (b) or (c) present but it was not\npracticable for any such person to be present within 2 hours, the\nofficer may call upon a person from the register maintained under\nsection 14 to be the support person.\n(6) If a youth requests that another particular youth be present as well\nas a support person, a police officer dealing with the youth must\naccommodate the request, if practicable, unless:\n(a) the officer considers that the other youth is an accomplice in\nthe alleged offence or likely to lose, destroy or fabricate\nevidence relating to the offence; or\n(b) it would lead to undue delay after the time in which a support\nperson is able to be present.\n","sortOrder":32},{"sectionNumber":"36","sectionType":"section","heading":"Authorised officers","content":"36 Authorised officers\nThe Commissioner of Police, a Deputy Commissioner of Police or\nAssistant Commissioner of Police may authorise any of the\nfollowing police officers to act for this Part:\n(a) an officer of or above the rank of Senior Sergeant;\n(b) an officer who is in charge of a police station;\n(c) an officer who from time to time:\n(i) holds a specified rank; or\n\nYouth Justice Act 2005 26\n(ii) performs specified duties (including duties as the officer\nin charge of a specified police station).\n","sortOrder":33},{"sectionNumber":"37","sectionType":"section","heading":"Purpose and application of Part","content":"37 Purpose and application of Part\n(1) The purpose of this Part is to provide a means of diverting youths\nwho are believed on reasonable grounds to have committed\n(2) Except as provided by section 41, this Part does not affect the\napplication in respect of a youth of any law relating to:\n(a) investigating and collecting evidence of criminal activities and\nthe commission of offences; or\n(b) questioning, apprehending, detaining, arresting, charging and\nbailing a suspected offender; or\n(c) prosecuting a person for an offence.\n","sortOrder":34},{"sectionNumber":"38","sectionType":"section","heading":"Definitions","content":"38 Definitions\ndivert, in relation to a youth, means to take an action under\nsection 39.\nprescribed offence, see section 38A.\n","sortOrder":35},{"sectionNumber":"38A","sectionType":"section","heading":"Meaning of prescribed offence","content":"38A Meaning of prescribed offence\nFor this Act, a prescribed offence is:\n(a) an offence prescribed by regulation; or\n(b) an offence against a law, or a repealed law, of the Territory or\nanother jurisdiction (including a jurisdiction outside Australia)\nthat substantially corresponds to an offence prescribed under\nparagraph (a).\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Diversion of youth","content":"39 Diversion of youth\n(1) This section applies if a police officer believes on reasonable\ngrounds that:\n(a) a person has committed an offence; and\n\nYouth Justice Act 2005 27\n(b) the person is a youth or was a youth when the offence was\ncommitted.\n(2) The officer must, instead of charging the youth with the offence, do\none or more of the following as the officer considers appropriate:\n(a) give the youth a verbal warning;\n(b) give the youth a written warning;\n(c) cause a Youth Justice Conference involving the youth to be\nconvened;\n(d) refer the youth to a diversion program.\n(3) Subsection (2) does not apply if:\n(a) the youth's whereabouts is unknown; or\n(b) the alleged offence is a prescribed offence; or\n(d) the youth has some other history that makes diversion an\nunsuitable option (including a history of previous diversion or\nprevious convictions).\n(4) However, the Commissioner of Police (or the Commissioner's\ndelegate) may authorise or require a police officer to deal with a\nyouth by Youth Justice Conference or by referring the youth to a\ndiversion program despite the fact that the case is covered by\nsubsection (3).\n(6) This section does not prevent the diversion of a youth in relation to\nan offence with which the youth has been charged.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Diversion in circumstances where youth denies behaviour","content":"40 Diversion in circumstances where youth denies behaviour\n(1) Despite section 39(2) and (4), if a youth denies having had a role in\nthe behaviour constituting the alleged offence:\n(a) the youth must not be diverted under section 39(2)(c) or (d)\nor (4); and\n(b) a police officer may, in accordance with this Act, charge the\nyouth with the offence that the officer believes on reasonable\ngrounds the youth has committed and the youth may be\nprosecuted for the offence.\n(2) This section does not apply in relation to a youth who has been\nreferred for assessment for inclusion in a diversion program or a\nYouth Justice Conference under section 64(1)(b).\n\nYouth Justice Act 2005 28\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Effect of diverting youth","content":"41 Effect of diverting youth\n(1) If a youth is diverted in relation to an offence and the diversion is\ncompleted to the satisfaction of a police officer, no criminal\ninvestigation or criminal legal proceedings can be commenced or\ncontinued against the youth in respect of the offence.\n(2) Any admission made or information given by a youth during the\ncourse of diversion in relation to an offence is not admissible in any\nsubsequent criminal or civil proceedings in relation to the offence.\n(3) However, subsection (2) does not prevent the admission of\nevidence that has been properly obtained in accordance with the\nPolice Administration Act 1978 and this Act.\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Extension of limitation period","content":"42 Extension of limitation period\n(1) This section applies if a youth is diverted in relation to an offence\nbut fails to satisfactorily complete a Youth Justice Conference or\ndiversion program.\n(2) Subject to section 21, proceedings may be commenced against the\nyouth for the offence despite that the applicable limitation period\nhas expired.\n(3) The proceedings must be commenced before the later of:\n(a) the expiry of the applicable limitation period; or\n(b) 3 months after the diversion is determined to have been\nunsatisfactory.\n","sortOrder":40},{"sectionNumber":"42A","sectionType":"section","heading":"Reporting on diversion of youth","content":"42A Reporting on diversion of youth\n(1) A police officer must prepare or obtain a report containing the\n(a) if the officer refers the youth to a diversion program under\nsection 39(2)(d) or (4) and the youth declines to participate in\nthe program or does not complete the program – a statement\nof that fact and any reasons offered by the youth for declining\nor not completing the program;\n(b) if the officer declines to refer the youth to a diversion program\nunder section 39(2)(d) – a statement of that fact and the\nreasons of the officer for declining;\n(c) if the officer is authorised by the Commissioner of Police (or\nthe Commissioner's delegate) under section 39(4) to refer the\nyouth to a diversion program and the officer declines to refer\n\nYouth Justice Act 2005 29\nthe youth to the program – a statement of that fact and the\nreasons of the officer for declining;\n(d) if the officer is authorised by the Commissioner of Police (or\nthe Commissioner's delegate) under section 39(4) to refer the\nyouth to a diversion program and the youth declines to\nparticipate in the program or does not complete the program –\na statement of that fact and any reasons offered by the youth\nfor declining or not completing the program;\n(e) if the youth is not referred to a diversion program because\nsection 39(3) applies – a statement of that fact.\n(2) If the youth is charged with the offence, the prosecution must, as\nsoon as practicable, provide the report mentioned in subsection (1)\nto the youth's legal representative and to the Youth Justice Court.\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Publication of information of diversion","content":"43 Publication of information of diversion\n(1) If a person is found guilty of an offence, information concerning the\ndiversion of the person as a youth for that or any other offence may\nbe produced in the Youth Justice Court for the purpose of\ndetermining the sentence to be imposed on the person for the\n(2) Information and details of the diversion of a youth must not be\npublished, except as aggregated data for statistical purposes where\nthe information does not permit any particular youth to be identified.\n(3) A person who publishes information in contravention of\nsubsection (2) commits an offence.\n200 penalty units or imprisonment for\n1 000 penalty units.\n(4) In this section, a reference to the diversion of a youth includes a\nreference to dealing with the youth under a scheme for the\ndiversion of youths operating in a State or another Territory that is\nsimilar to the scheme operating under this Part.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"No review or appeal","content":"44 No review or appeal\n(1) A decision:\n(a) to divert or not to divert a youth; or\n\nYouth Justice Act 2005 30\n(b) that a youth did or did not complete a diversion satisfactorily,\ncannot be reviewed or appealed against in any court or tribunal.\n(2) Subsection (1) does not affect the power of the Court to refer a\nyouth for assessment under section 64.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Continuation and constitution","content":"45 Continuation and constitution\n(1) The Juvenile Court established under the repealed Act is continued\nin existence as the Youth Justice Court.\n(2) Each Local Court Judge is a Judge of the Youth Justice Court.\n(3) The Youth Justice Court is a court of record and has a seal that\nmust be affixed to all process issued out of the Court.\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Exercise of jurisdiction","content":"46 Exercise of jurisdiction\n(1) The jurisdiction of the Youth Justice Court is exercisable by a Judge\nsitting alone.\n(2) The Chief Judge may appoint as a Youth Judge a Local Court\nJudge who, in the opinion of the Chief Judge, has the knowledge,\nqualifications, skills and experience in the law and the social or\nbehavioural sciences, and in dealing with youths and their families,\nas the Chief Judge considers appropriate.\n(3) An appointment of a Local Court Judge as a Youth Judge does not\naffect:\n(a) the terms and conditions of the Judge's appointment under the\nLocal Court Act 2015; or\n(b) the ability of a Local Court Judge who is not a Youth Judge to\nexercise the jurisdiction of the Youth Justice Court.\n","sortOrder":45},{"sectionNumber":"46A","sectionType":"section","heading":"Changes in constitution of Court during proceedings","content":"46A Changes in constitution of Court during proceedings\n(1) In particular proceedings, the Court need not be constituted by the\nsame person or persons for the whole of the proceedings, until the\ntaking of evidence commences.\n(2) Once the taking of evidence commences, the Court must be\nconstituted by the same person or persons until the proceedings\nare determined.\n\nYouth Justice Act 2005 31\n(3) If, in criminal proceedings, the defendant pleads guilty and the\nproceedings are adjourned before the making of sentencing\nsubmissions commences, after that adjournment:\n(a) the Court need not be constituted by the same person as\nwhen the plea was entered; but\n(b) the Court must then be constituted by the same person until\nthe proceedings are determined.\n(4) Further, if at any stage of proceedings the person who constitutes\nthe Court is unable to continue, the Court constituted by a different\nperson or persons may continue to deal with the proceedings.\n(5) The question whether a person is unable to continue is decided by\nthe Chief Judge and the Chief Judge's decision is not liable to be\nchallenged on any ground.\n(6) In this section, a person is unable to continue if the person:\n(a) dies; or\n(b) vacates office; or\n(c) is, by reason of illness, injury or other cause, unable to\ncontinue dealing with the proceedings without unreasonable\ndelay.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Registrar of Youth Justice Court","content":"47 Registrar of Youth Justice Court\n(1) A registrar of the Local Court is a Registrar of the Youth Justice\n(2) If the Court is required to perform its functions at a place outside\nthe Territory, the Minister may appoint as a Registrar of the Court at\nthe place:\n(a) a person who holds office as a registrar or deputy registrar of\na court of the jurisdiction in which the place is located; or\n(b) another appropriately qualified person.\n(3) The conditions of service (including as to remuneration) of the\nappointed person are those that the person is entitled to under the\nlaw of the other jurisdiction.\n(4) A person appointed under subsection (2)(a) ceases to hold office if\nthe person ceases to hold office as a registrar or deputy registrar of\na court of the other jurisdiction.\n\nYouth Justice Act 2005 32\n(5) With the approval of the Minister, a Registrar of the Court may\nconcurrently hold office as a registrar or deputy registrar of a court\nof another jurisdiction.\n(6) In this section:\nremuneration includes salary, allowances, fees, emoluments and\nbenefits (whether in money or otherwise).\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Where Youth Justice Court may be held","content":"48 Where Youth Justice Court may be held\n(1) The Youth Justice Court may sit in the locations (including a place\noutside the Territory) that the Minister directs and in any building\napproved by the Minister for the holding of the Court.\n(2) The Minister must ensure that the places for the Court to sit:\n(a) provide adequate and appropriate facilities for the proceedings\nof the Court; and\n(b) as far as practicable are separate from the places in which\nproceedings in relation to adults are being held.\n(3) Despite subsection (1), if the Court considers it is expedient to sit in\nanother place, the Court may sit in that other place.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Proceedings to be in closed court","content":"49 Proceedings to be in closed court\n(1) The Court must be closed to the public for proceedings under this\nAct against a youth.\n(2) However, in addition to the parties to the proceedings and Court\nstaff, the following persons may attend the proceedings:\n(a) a legal practitioner, whether or not the legal practitioner is the\nlegal representative of the youth who is the subject of the\nproceedings;\n(b) a responsible adult in relation to the youth;\n(c) a person nominated by the youth for support;\n(d) an employee or representative of the Agency or another\nAgency;\n(e) a witness called to give evidence in the proceedings;\n(f) a victim of the alleged offence committed by the youth;\n(g) a person nominated by a victim for support;\n\nYouth Justice Act 2005 33\n(h) a genuine representative of the news media;\n(i) an interpreter for a person attending the proceedings.\n(3) Any other person may seek the leave of the Court to attend the\nproceedings.\n(4) The Court may order that a person not remain in or enter a room or\nplace in which the Court is being held, or remain within the hearing\nof the Court.\n(5) In making an order under subsection (4), the Court must have\nregard to any prejudicial impact on the interests of the youth of the\nperson's presence in the room or place in which the Court is being\nheld, or within the hearing of the Court.\n(6) However, subsection (4) does not authorise the Court to exclude\nthe following from the proceedings:\n(a) the youth;\n(b) a legal practitioner representing the youth;\n(c) the prosecutor.\n(7) A person commits an offence if:\n(a) the person is subject to an order under subsection (4); and\n(b) the person remains in or enters a room or place in which the\nCourt is being held, or remains within the hearing of the Court.\n(8) A person other than a person mentioned in subsection (2) commits\nan offence if:\n(a) the person has not been granted leave of the Court to attend\nproceedings under subsection (3); and\n(b) the person remains in or enters a room or place in which the\nCourt is being held, or remains within the hearing of the Court.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Restriction of publication","content":"50 Restriction of publication\n(1) Subject to this section, a person who publishes a report of, or\ninformation relating to, proceedings in the Court or proceedings in\n\nYouth Justice Act 2005 34\nany other court arising out of proceedings in the Court that contains\nany particulars likely to lead to the identification of the following is\nguilty of an offence:\n(a) the particular venue of the Court in which the proceeding was\nheard;\n(b) the youth or other party to the proceeding;\n(c) a witness in the proceeding.\n(2) Subsection (1) does not apply if:\n(a) a police officer, under an arrangement for the exchange of\nsuch information, sends to the Police Force of a State or\nanother Territory information relating to the conviction of a\nyouth for an offence; or\n(b) a person publishes a report or information containing\nparticulars of the youth who is the subject of the proceedings\nwith the consent of the youth; or\n(c) a person publishes a report or information:\n(i) containing particulars likely to lead to the identification of\na witness in the proceeding who is a complainant as\ndefined in section 3 of the Sexual Offences (Evidence\nand Procedure) Act 1983 and who consents to the\npublication in accordance with section 6(2)(b) of that\nAct; and\n(ii) that does not contain particulars likely to lead to the\nidentification of the youth who is the subject of the\nproceeding and who has not consented to the\npublication; and\n(iii) that does not contain particulars likely to lead to the\nidentification of another witness in the proceeding who is\na complainant as defined in section 3 of the Sexual\nOffences (Evidence and Procedure) Act 1983 and who\nhas not consented to the publication in accordance with\nsection 6(2)(b) of that Act.\n(2A) For proceedings for a sexual offence in which the youth is a\ndefendant, the youth may not give consent under subsection (2)(b)\nto publish a report or information containing particulars of the youth\nuntil the youth has turned 18 years of age.\n\nYouth Justice Act 2005 35\n(3) A person may apply to the Court for permission to publish the report\nor information.\n(4) The Court may grant permission for the publication if the Court is\nsatisfied that:\n(a) the circumstances giving rise to the application are an\nemergency; and\n(b) publication is reasonably necessary for the safety of:\n(i) the youth or a witness in the proceedings; or\n(ii) any other person in the community.\n(5) Subject to subsection (6), the CEO may grant permission for the\npublication of any particular of a detainee who has escaped from a\ndetention centre if the CEO is satisfied that publication:\n(a) is reasonably necessary for the safety of the detainee or for\nany other person; or\n(b) will assist in apprehending the detainee or protecting the\ncommunity.\n(6) In making a determination under subsection (5), the CEO must:\n(a) have regard to the desirability of minimising the stigma to the\ndetainee and the detainee's family; and\n(b) grant permission for publication only to the extent necessary\nto apprehend the detainee.\nparticulars likely to lead to the identification, in relation to a\nperson, include the following particulars:\n(a) the name of the person;\n(b) the names of:\n(i) any relative of the person; or\n(ii) any other person having the care of the person; or\n(iii) in addition to subparagraphs (i) and (ii), in the case of an\nAboriginal person – a member of the person's\ncommunity;\n\nYouth Justice Act 2005 36\n(c) the name or address of any place of residence of the person,\nor the locality in which the residence is situated;\n(d) the name or address of any place of education, training or\nemployment attended by the person, or the locality in which\nthe place is situated.\nsexual offence, see section 3 of the Sexual Offences (Evidence\nand Procedure) Act 1983.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Youth in need of protection","content":"51 Youth in need of protection\n(1) This section applies if the Court believes:\n(a) a youth who is charged with an offence is or may be a child in\nneed of protection; or\n(b) there is a risk to the wellbeing of the youth.\n(1A) The Court may take into account a parent's compliance with a\nfamily responsibility agreement in forming its belief under\nsubsection (1).\n(2) The Court may require the CEO:\n(a) to investigate the circumstances of the youth; and\n(b) to take appropriate action to promote the wellbeing of the\n(3) If the Court requires the CEO to investigate the circumstances of\nthe youth, the CEO must, as soon as practicable, give the Court a\nreport on:\n(a) those circumstances (including, for example, whether or not\nthe youth is a child in need of protection); and\n(b) any action that has been taken in relation to the youth\nregarding those circumstances.\n(4) The Court may:\n(a) adjourn the matter for the preparation of the report; and\n(b) remand the youth under section 65.\n(5) In this section:\nCEO, see section 13 of the Care and Protection of Children\nAct 2007.\n\nYouth Justice Act 2005 37\nchild in need of protection means a child who is in need of\nprotection as defined in section 20 of the Care and Protection of\nChildren Act 2007.\nwellbeing of a youth, means the wellbeing of a child as defined in\nsection 13 of the Care and Protection of Children Act 2007.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Jurisdiction of Youth Justice Court","content":"52 Jurisdiction of Youth Justice Court\n(1) The following must be dealt with in accordance with this Act by the\nYouth Justice Court:\n(a) all charges in respect of summary offences or indictable\noffences allegedly committed by a youth;\n(b) all applications in the Territory relating to unlawful activity, or\nalleged unlawful activity, of youths, whether or not that activity\ntook place, or is alleged to have taken place, in the Territory.\n(2) The jurisdiction of the Youth Justice Court in relation to an offence\nallegedly committed by a youth is not affected only because the\nalleged offender has subsequently turned 18 years of age.\n(3) Subsection (1) does not limit the jurisdiction of the Supreme Court\nto deal with a matter involving a youth where an ex officio\nindictment has been presented to that Court.\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Application of other Acts","content":"53 Application of other Acts\n(1) Unless this Act makes specific provision in relation to proceedings,\norders or convictions, the following applies as if the Youth Justice\nCourt were the Local Court:\n(a) the Local Court (Criminal Procedure) Act 1928, except for\nPart IV, Division 2A of that Act;\n(b) Part 4, Division 2, section 42 and Part 4, Divisions 4 and 5 of\nthe Local Court Act 2015.\n\nYouth Justice Act 2005 38\n(1A) In a provision of any other Act relating to unlawful activity or alleged\nunlawful activity:\n(a) a reference to the Local Court includes, in relation to a youth,\na reference to the Youth Justice Court; and\n(b) a reference to a Local Court Judge includes, in relation to a\nyouth, a reference to a Judge of the Youth Justice Court; and\n(c) a reference to a registrar of the Local Court includes, in\nrelation to a youth, a registrar of the Youth Justice Court.\nNote for subsection (1A)\nActs relating to unlawful activity or alleged unlawful activity include the Criminal\nCode, Bail Act 1982 and Parole Act 1971.\n(2) This Act does not affect the powers of a justice of the peace to\nissue a summons or warrant in relation to a youth.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Court to deal with matters summarily except in certain cases","content":"54 Court to deal with matters summarily except in certain cases\nSubject to sections 54A, 55(4) and 56, all charges before the Youth\nJustice Court are to be heard and determined summarily.\n","sortOrder":54},{"sectionNumber":"54A","sectionType":"section","heading":"Exception if adult offender would be liable to life imprisonment","content":"54A Exception if adult offender would be liable to life imprisonment\n(1) Subsection (2) applies to a charge in respect of an offence\nallegedly committed by a youth that would be punishable by\nimprisonment for life if the offence had been committed by an adult.\n(2) The Youth Justice Court must deal with the charge by way of\npreliminary examination.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Indictable offence tried summarily if youth consents","content":"55 Indictable offence tried summarily if youth consents\n(1) This section applies if a youth is charged in respect of an indictable\noffence that is neither of the following:\n(a) an offence mentioned in section 120 of the Local Court\n(Criminal Procedure) Act 1928;\n(b) an offence mentioned in section 54A(1).\n(2) The Youth Justice Court must inform the youth and a responsible\nadult in relation to the youth (if present in court) of the youth's right\nto consent or not to the charge being heard and determined\n(3) If the youth consents, the Court must hear and determine the\ncharge summarily.\n\nYouth Justice Act 2005 39\n(4) If the youth does not consent, the Court must deal with the charge\nby way of preliminary examination.\n(5) For subsection (2), if no responsible adult in relation to the youth is\npresent in court, the Court:\n(a) may adjourn the proceeding to enable a responsible adult to\nbe present; and\n(b) may continue the proceeding after the adjournment even if no\nresponsible adult is present.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Court may decline to hear and determine charge summarily","content":"56 Court may decline to hear and determine charge summarily\n(1) If, at any stage of the proceedings (prior to a finding of guilt), the\nYouth Justice Court considers it is not appropriate to hear and\ndetermine summarily a charge in respect of an indictable offence\nfor which the Court has jurisdiction, the Court:\n(a) may decline to hear and determine the charge summarily; and\n(b) if it declines – must give its reasons for declining; and\n(i) if dealing with the charge by way of preliminary\nexamination – must continue by way of preliminary\nexamination; and\n(ii) otherwise – must continue the proceedings as if the\nCourt had been dealing with the charge by way of\npreliminary examination.\n(2) For subsection (1), it is immaterial whether or not the youth:\n(a) has consented under section 55(3) to the charge being heard\nand determined summarily; or\n(b) has elected under section 56A(2) to have the charge heard\nand determined summarily.\n","sortOrder":57},{"sectionNumber":"56A","sectionType":"section","heading":"Youth may elect to be tried summarily","content":"56A Youth may elect to be tried summarily\n(1) Subsection (2) applies if the Youth Justice Court is dealing by way\nof preliminary examination with a charge in respect of an indictable\noffence that is not an offence of the type mentioned in\nsection 54A(1).\n(2) The youth may, at any time before or during the preliminary\nexamination, elect to have the charge heard and determined\n\nYouth Justice Act 2005 40\n","sortOrder":58},{"sectionNumber":"56B","sectionType":"section","heading":"Youth and adult charged – joint preliminary examination","content":"56B Youth and adult charged – joint preliminary examination\n(a) a youth and an adult are charged with offences founded on\nthe same facts; and\n(b) under this Act the charge against the youth is to be dealt with\nby way of preliminary examination; and\n(c) under the Local Court (Criminal Procedure) Act 1928 the\ncharge against the adult is to be dealt with by way of\npreliminary examination under that Act.\n(2) If this section applies, the 2 preliminary examinations may be\nconducted as a joint preliminary examination by a Local Court\nJudge constituting, at the same time, both the Local Court and the\nYouth Justice Court.\n(3) When conducting a joint preliminary examination:\n(a) for the charge against the youth – the presiding\nJudgeconstitutes the Youth Justice Court and must deal with\nthe matter under this Act; and\n(b) for the charge against the adult – the presiding Judge\nconstitutes the Local Court and must deal with the matter\nunder the Local Court (Criminal Procedure) Act 1928.\n(4) A court conducting a joint preliminary examination may, at any\nstage, disjoin the examinations and deal with the defendants\nseparately if satisfied it would be in the interests of justice to do so.\n(5) When a joint preliminary examination is conducted, the\nexamination:\n(a) in so far as it relates to the youth, is a preliminary examination\nunder this Act; and\n(b) in so far as it relates to the adult, is a preliminary examination\nunder the Local Court (Criminal Procedure) Act 1928.\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Referral to Supreme Court for sentencing","content":"57 Referral to Supreme Court for sentencing\n(a) the Youth Justice Court is conducting a preliminary\nexamination in respect of a youth in accordance with\nsection 55(4) or 56; and\n\nYouth Justice Act 2005 41\n(b) at any stage of the proceedings the youth indicates that he or\nshe wishes to plead guilty.\n(2) If the Youth Justice Court considers it appropriate, the Court may\naccept the guilty plea and do either of the following:\n(a) sentence the youth;\n(b) refer the youth to the Supreme Court for sentencing.\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Pleas in summary hearing","content":"58 Pleas in summary hearing\n(1) If a charge in respect of an offence is to be heard and determined\nsummarily in the Youth Justice Court, the youth who is charged with\nan offence must enter a plea:\n(a) at the commencement of the hearing; or\n(b) if the proceeding began as a preliminary examination but the\nyouth elects under section 56A to have the charge heard and\ndetermined summarily – on the continuation of the proceeding\nas a summary hearing.\n(2) If the youth pleads guilty to a charge in respect of an offence, the\nCourt may, at any stage of the proceedings, if it is of the opinion\nthat the youth may not be guilty of the offence charged, order that\nthe plea of guilty be withdrawn and a plea of not guilty be entered.\n(3) If the Court makes an order under subsection (2), the youth is not\nentitled to plead autrefois convict by reason of his or her initial plea\nof guilty.\n(4) A youth may change his or her plea from not guilty to guilty at any\nstage of proceedings.\n(5) Subsection (4) does not apply in relation to a plea entered under\nsubsection (2).\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Exclusion of evidence unlawfully obtained","content":"59 Exclusion of evidence unlawfully obtained\n(1) In proceedings against a youth in respect of an offence, the Court\nmay order that evidence in relation to the youth is not admissible if\nsatisfied the evidence was obtained:\n(a) in contravention of this Act; or\n(b) as a consequence of a contravention of or a failure to comply\nwith this Act.\n\nYouth Justice Act 2005 42\n(2) However, the Court may admit the evidence if satisfied that\nadmission of the evidence would specifically and substantially\nbenefit the public interest without unduly prejudicing the rights of\nany person.\n(3) The Court must have regard to the following matters when deciding\nwhether or not to admit the evidence:\n(a) the seriousness of the offence, the difficulty of detecting the\noffender, the need to apprehend the offender urgently and the\nneed to preserve evidence of the facts;\n(b) the nature and seriousness of the contravention or failure;\n(c) the extent to which the evidence might have been lawfully\nobtained;\n(d) any other matters the Court considers relevant.\n(4) This section is in addition to, and does not derogate from, any other\nlaw or rule under which a court may refuse to admit evidence.\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Points of law may be reserved for consideration of Supreme","content":"60 Points of law may be reserved for consideration of Supreme\nCourt\n(1) The Youth Justice Court may reserve a question of law arising from\nor in relation to proceedings against a youth for an offence and may\nstate a special case or cases for the opinion of the Supreme Court.\n(2) A question may be reserved at any time during proceedings for the\nmatter in the Youth Justice Court or at any time within one month\nafter the Youth Justice Court has finally determined the matter.\n(3) The Supreme Court must deal with a special case with as little\ndelay as practicable and may do any of the following:\n(a) amend the special case;\n(b) send the special case back to the Youth Justice Court for\namendment;\n(c) make any order that it considers appropriate.\n(4) An order under subsection (3)(c) may include an order as to costs\nof the proceedings in the Supreme Court and in the Court below.\n(5) The Youth Justice Court must deal with the matter having regard to\nthe order of the Supreme Court in relation to the special case or\nquestion reserved.\n\nYouth Justice Act 2005 43\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Court must explain proceedings to youth","content":"61 Court must explain proceedings to youth\n(1) The Court must satisfy itself that a youth who is the subject of\nproceedings for an offence understands the nature of the\nproceedings.\n(2) If the youth is not represented by a legal practitioner, the Court\nmust explain to him or her in a language and manner the youth is\nlikely to understand, having regard to the youth's age, health,\nmaturity, cultural background and English language skills:\n(a) the nature of the allegations against him or her; and\n(b) the legal implications of those allegations; and\n(c) the elements of the offence that must be established by the\nprosecution.\n(3) An order or finding of the Court cannot be called into question only\non the ground of failure to comply with this section if the Court has\nsubstantially complied with subsections (1) and (2).\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Legal representation of youth","content":"62 Legal representation of youth\nIf a youth is not legally represented in proceedings for an offence\nand the Court considers the youth needs legal representation, the\nCourt may require that legal representation be provided to the youth\nand may adjourn or stay the proceedings until satisfactory\narrangements are made for the representation of the youth.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Responsible adults to attend court","content":"63 Responsible adults to attend court\n(1) A responsible adult in respect of a youth must attend the Court and\nremain in attendance during proceedings against the youth for an\n(2) Subsection (1) does not apply if the Court is satisfied that it would\nbe unreasonable to require that attendance.\n(3) If a responsible adult fails without reasonable excuse to attend the\nCourt, or remain in attendance during the proceedings, the Court\nmay direct that a warrant or summons be issued to bring the\nresponsible adult before the Court at that or a further hearing.\n(4) The Court may:\n(a) adjourn the proceedings to allow for the responsible adult to\nbe present; and\n\nYouth Justice Act 2005 44\n(b) continue the hearing after the adjournment despite that the\nresponsible adult is not present.\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Court may refer youth to diversion","content":"64 Court may refer youth to diversion\n(1AA) The Youth Justice Court may, at any stage of the proceedings\nagainst a youth in respect of an offence, take action under\nsubsection (1) unless:\n(a) the proceedings relate to a prescribed offence; or\n(b) under section 39(3)(d), diversion was previously considered\nan unsuitable option for the youth.\n(1) The Youth Justice Court may, in respect of the offence:\n(a) adjourn the proceedings; and\n(b) refer the youth to be assessed for inclusion in a diversion\nprogram or a Youth Justice Conference conducted for the\npurposes of Part 3.\n(2) Subsection (1) applies whether or not:\n(a) the youth has entered a plea to a charge in respect of the\noffence; or\n(b) there has been a finding of guilt in relation to a charge in\nrespect of the offence.\n","sortOrder":67},{"sectionNumber":"64A","sectionType":"section","heading":"Youth Justice Court may dismiss charges","content":"64A Youth Justice Court may dismiss charges\n(1) Subject to subsection (2), the Youth Justice Court may, at any\nstage of the proceedings against a youth in respect of an offence,\ndismiss the charge in respect of the offence, whether or not the\nCourt finds the charge proven against the youth.\n(2) The Youth Justice Court must not dismiss a charge for an offence if\na youth was included in a diversion program mentioned in\nsection 39(2)(d) or involved in a Youth Justice Conference in\nrespect of the offence but did not successfully complete the\nprogram or Conference.\n\nYouth Justice Act 2005 45\n","sortOrder":68},{"sectionNumber":"64B","sectionType":"section","heading":"Court may order appropriate Agency to enter into family","content":"64B Court may order appropriate Agency to enter into family\nresponsibility agreement with parent of youth\n(1) The Court may, at any stage of the proceedings against a youth in\nrespect of an offence:\n(a) order that an appropriate Agency take reasonable steps to\nenter into a family responsibility agreement with a parent of\nthe youth; or\n(b) review compliance with a family responsibility agreement in\nrelation to the youth.\n(2) In this section:\nappropriate Agency, see section 140A.\n","sortOrder":69},{"sectionNumber":"65","sectionType":"section","heading":"Court may remand youth","content":"65 Court may remand youth\n(1) The Court may, at any stage of proceedings in relation to a youth,\nremand the youth and, by order:\n(a) allow the youth to go at large; or\n(b) release the youth on bail; or\n(c) release the youth into the care and supervision of any person;\nor\n(d) remand the youth in custody.\n(2) If the youth is remanded in custody, he or she can be detained in a\ndetention centre or, if the youth has turned 15 years of age, in\neither a custodial correctional facility or detention centre as ordered\nby the Court.\n(3) Unless the youth is committed for trial in the Supreme Court, an\norder remanding the youth in custody must not, except with his or\nher consent, be for a period of more than 15 days.\nNote for subsection (3)\nSubsection (3) does not prevent the Court from making consecutive orders\nremanding the youth in custody that result in the youth remaining in custody in\nexcess of 15 days.\n(4) The Court may revoke an order made under subsection (1) and\nmay substitute any other order it can make under that subsection.\n\nYouth Justice Act 2005 46\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Enquiry and examination authorised","content":"66 Enquiry and examination authorised\nA person who is required to provide the Court with a report in\nrelation to a youth:\n(a) is authorised to make any necessary enquiries; and\n(b) may require the youth to be interviewed and examined by a\nmedical practitioner or other appropriate person.\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Report as to mental condition of youth","content":"67 Report as to mental condition of youth\n(1) If the Court considers that the mental condition of a youth who is\ncharged with an offence may affect his or her criminal responsibility\nor ability to understand proceedings, the Court may cause the youth\nto be examined by an appropriately qualified person.\n(2) The Court may adjourn proceedings in order for the youth to be\nexamined.\n(3) The person who examines the youth must report (whether orally or\nin writing) to the Court as to the youth's mental condition.\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Court may seek submissions or reports","content":"68 Court may seek submissions or reports\n(1) If a youth has been found guilty of an offence, the Court may\n(whether before or after the proceedings are complete) seek\nsubmissions or reports in relation to the youth.\n(2) A submission or report may be written or oral.\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"Court must require pre-sentence report","content":"69 Court must require pre-sentence report\n(1) If a youth has been found guilty of an offence and the Court is\nconsidering imposing a sentence of detention or imprisonment, the\nCourt must ensure that it is informed as to the circumstances of the\n(2) In order to be informed, the Court must require a pre-sentence\nreport to be provided to it.\n(3) However, if the Court is satisfied that it has the information\nnecessary to determine an appropriate sentence, the Court may\ndispense with the need for a report.\n(4) The Court may require the report to address specific matters in\nrelation to the youth that the Court wishes to be informed about.\n\nYouth Justice Act 2005 47\n","sortOrder":74},{"sectionNumber":"70","sectionType":"section","heading":"Content of pre-sentence report","content":"70 Content of pre-sentence report\n(1) A pre-sentence report under section 69 may set out all or any of the\nfollowing matters that are reasonably ascertainable by the author of\nthe report and that appear to him or her to be relevant to the\nsentencing of the youth:\n(a) the age of the youth;\n(b) the social history and background of the youth;\n(c) the medical and psychiatric history of the youth;\n(d) the youth's educational background;\n(e) the youth's employment history;\n(f) the circumstances of the offence of which the youth has been\nfound guilty;\n(g) the circumstances of other offences of which the youth has\nbeen found guilty;\n(h) any relevant diversion history of the youth;\n(i) the extent to which the youth is complying with any sentence\ncurrently imposed on him or her;\n(j) the financial circumstances of the youth and his or her family;\n(k) any special needs of the youth;\n(l) any courses, programs, treatment, therapy or other assistance\nthat could be available to the youth and from which he or she\nmay benefit;\n(m) family and community views of the youth's offending\nbehaviour;\n(n) risk issues in relation to the youth and further offending.\n(2) The author must include in the report any other matter relevant to\nthe sentencing of the youth that the court has directed to be set out\nin the report.\n\nYouth Justice Act 2005 48\n","sortOrder":75},{"sectionNumber":"71","sectionType":"section","heading":"Report in certain circumstances","content":"71 Report in certain circumstances\n(1) If a youth has been found guilty of an offence and the Court is\nconsidering imposing on a youth a sentence that includes any of\nthe following, the Court must require a report as to the suitability of\nthe youth for the proposed sentence:\n(a) a sentence that includes supervision;\n(b) a community work order;\n(c) alternative detention;\n(d) periodic detention.\n(2) If the Court is considering a sentence that involves a fine or\nrestitution by financial compensation, the Court must satisfy itself (if\nnecessary by requiring a report) that the sentence is appropriate\nhaving regard to the financial circumstances of the youth.\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Court may adjourn for report to be prepared","content":"72 Court may adjourn for report to be prepared\nIf the Court has requested a report in relation to a youth, the Court\nmay:\n(a) adjourn the proceedings to enable the report to be prepared;\nand\n(b) remand the youth in accordance with section 65.\n","sortOrder":77},{"sectionNumber":"73","sectionType":"section","heading":"Reports to be made available","content":"73 Reports to be made available\n(1) A copy of every written report in relation to a youth received by the\nCourt under this Division must be given to each of the following:\n(a) the youth;\n(b) a responsible adult in respect of the youth who is present in\ncourt;\n(c) the prosecutor.\n(2) However, the Court may order that the report or part of the report\nmust not be given to the youth or to a specified person if the Court\nis of the opinion that the report contains material that, if disclosed to\nthe youth or another person, may be prejudicial to the welfare of the\n\nYouth Justice Act 2005 49\n","sortOrder":78},{"sectionNumber":"74","sectionType":"section","heading":"Challenge to contents of report","content":"74 Challenge to contents of report\nA person to whom a copy of a report is given may cross-examine\nthe author of the report or the person who carried out an\ninvestigation on which the report was based, and the youth reported\non or a responsible adult in respect of the youth may give evidence\nor call witnesses to rebut the contents of the report.\n","sortOrder":79},{"sectionNumber":"75","sectionType":"section","heading":"Protection in relation to report","content":"75 Protection in relation to report\n(1) This section applies to a person acting in good faith who does any\nof the following:\n(a) provides information for the purpose of preparing a report\nunder this Division;\n(b) prepares the report;\n(c) gives the report to the Court.\n(2) The person is not civilly or criminally liable, and is not in breach of\nany professional code of conduct, for:\n(a) the preparing or giving of the report; or\n(b) the disclosure of any information in the report.\n","sortOrder":80},{"sectionNumber":"76","sectionType":"section","heading":"Definitions","content":"76 Definitions\nharm includes any of the following:\n(a) physical injury;\n(b) psychological or emotional suffering, including grief;\n(c) contraction or fear of contraction of a sexually transmissible\nmedical condition;\n(d) pregnancy;\n(e) economic loss.\nvictim impact statement means an oral or written statement\nprepared for the purposes of this Division and containing details of\nthe harm suffered by a victim of an offence arising from the offence.\n\nYouth Justice Act 2005 50\nvictim report means an oral or written statement prepared by the\nprosecutor for the purposes of this Division and containing details of\nthe harm suffered by a victim of an offence arising from the offence.\n","sortOrder":81},{"sectionNumber":"77","sectionType":"section","heading":"Court must consider victim impact statement or victim report","content":"77 Court must consider victim impact statement or victim report\n(1) Before the Court sentences a youth for an offence, the Court must\npermit the prosecutor to present a victim impact statement or victim\nreport in relation to each victim of the offence.\n(2) The Court must consider each victim impact statement and each\nvictim report presented before determining the sentence to be\nimposed in relation to the offence.\n(3) The Court must not draw any inference in favour of a youth (or\nagainst a victim) because a victim impact statement or victim report\nis not presented to the Court.\n","sortOrder":82},{"sectionNumber":"78","sectionType":"section","heading":"Victim impact statements","content":"78 Victim impact statements\n(1) The prosecutor must present a victim impact statement if the victim\nconsents to its presentation.\n(2) If the victim is incapable, because of age or physical or mental\ndisability, of giving consent to the presentation of a victim impact\nstatement, the victim impact statement may be prepared by a\nperson who, in the opinion of the Court, has a sufficiently close\nrelationship with the victim.\n(3) A victim impact statement may, with the permission of the Court, be\npresented by a person other than the prosecutor.\n(4) A written victim impact statement must be signed and a copy must\nbe given to the youth.\n(5) If a victim impact statement is to be presented orally, a written or\noral summary of the statement must be given to the youth.\n(6) A legal practitioner representing the youth or, with the leave of the\nCourt, the youth, may cross-examine:\n(a) the person who signed a written victim impact statement; or\n(b) the person (not being the prosecutor) presenting the\nstatement orally,\nabout the contents of the statement.\n\nYouth Justice Act 2005 51\n","sortOrder":83},{"sectionNumber":"79","sectionType":"section","heading":"Victim reports","content":"79 Victim reports\n(1) The prosecutor must present a victim report if:\n(a) a victim does not consent to the presentation of a victim\nimpact statement in relation to him or her; and\n(b) the details of the harm suffered by the victim arising from the\noffence are reasonably ascertainable; and\n(c) the victim has been informed of the contents of the victim\nreport and does not object to its presentation.\n(2) If the victim is incapable, because of age or physical or mental\ndisability, of giving consent to the presentation of a victim report,\nthe victim report may be presented if a person who, in the opinion\nof the Court, has a sufficiently close relationship with the victim has\nbeen informed of the contents of the report and does not object to\nits presentation.\n(3) A victim report may also be presented if:\n(a) the victim cannot be located after reasonable attempts have\nbeen made by the prosecutor; and\n(b) the details of the harm suffered by the victim arising from the\noffence are reasonably ascertainable.\n(4) A victim report need not be presented to the Court if the details of\nthe harm are already before the Court as evidence or as part of a\nreport prepared in relation to the youth.\n(5) A copy of a written victim report must be given to the youth.\n(6) If a victim report is to be presented orally, a written or oral summary\nof the report must be given to the youth.\n","sortOrder":84},{"sectionNumber":"80","sectionType":"section","heading":"Other matters may be addressed","content":"80 Other matters may be addressed\n(1) A victim impact statement or victim report may contain details of the\nharm caused to the victim arising from another offence:\n(a) for which the youth has already been sentenced, or will be\nsentenced in the proceedings then before the Court; or\n(b) which has already been taken into account in a sentence, or\nwhich may be taken into account in the proceedings then\nbefore the Court.\n\nYouth Justice Act 2005 52\n(2) A victim impact statement or victim report may contain a statement\nas to the victim's wishes in respect of the sentence of the Court for\nthe offence.\n","sortOrder":85},{"sectionNumber":"80A","sectionType":"section","heading":"Definitions","content":"80A Definitions\nAboriginal experience report, see section 80B.\napproved member, of a Law and Justice Group, means a member\nof the Law and Justice Group who is approved under\nsection 107C(3) of the Sentencing Act 1995.\ncommunity court sentencing procedure means the sentencing of\na youth in accordance with this Division.\nLaw and Justice Group, for a place, see section 107C(2) of the\nSentencing Act 1995.\n","sortOrder":86},{"sectionNumber":"80B","sectionType":"section","heading":"Meaning of Aboriginal experience report","content":"80B Meaning of Aboriginal experience report\nAn Aboriginal experience report, as defined in section 107B of\nthe Sentencing Act 1995, applies to this Division as if an offender is\na youth under this Act.\n","sortOrder":87},{"sectionNumber":"80C","sectionType":"section","heading":"Application for community court sentencing procedure","content":"80C Application for community court sentencing procedure\n(1) A youth may apply to the Youth Justice Court for the Court to\nsentence the youth for an offence in accordance with the\ncommunity court sentencing procedure if the youth:\n(a) has pleaded guilty to an offence in the Youth Justice Court;\nand\n(b) has agreed with the prosecutor to facts in relation to the\noffence and those facts have been given to the Court; and\n(c) is Aboriginal.\n(2) The application must specify a place:\n(a) in the Territory for the sitting of the Court; and\n(b) for which a Law and Justice Group is established.\n(3) The Court may grant the application or refuse to grant the\napplication.\n\nYouth Justice Act 2005 53\n(4) In deciding whether to grant the application or refuse to grant the\napplication, the Court must have regard to:\n(a) the youth's connection to the place specified in the application;\nand\n(b) any other matter the Court considers relevant.\n","sortOrder":88},{"sectionNumber":"80D","sectionType":"section","heading":"Community court sentencing procedure","content":"80D Community court sentencing procedure\n(1) If the Youth Justice Court grants an application under\nsection 80C(3), the Court must:\n(a) sit and hear the proceedings at the place specified in the\nyouth's application; and\n(b) make an order under section 83 in relation to the offence at\nthe place.\n(2) Before making the order under section 83, the Court:\n(a) must consider an Aboriginal experience report in respect of\nthe youth and the offence; and\n(b) may consider the responses given to any questions asked of\nthe approved members of the Law and Justice Group who\nprepared the report as mentioned in subsection (5).\n(3) Sections 72, 73 and 75 apply to an Aboriginal experience report as\nif the report was requested, received or prepared under Division 2.\n(4) The Court may adjourn the proceedings to enable the Aboriginal\nexperience report to be prepared.\n(5) After receiving the Aboriginal experience report the Court may, in\nrelation to the information contained in the report:\n(a) ask questions of the approved members of the Law and\nJustice Group who prepared the Aboriginal experience report;\nand\n(b) allow another person to ask questions of the approved\nmembers of the Law and Justice Group who prepared the\nAboriginal experience report.\n(6) The response given to a question asked under subsection (5) may\nbe given in writing or orally.\n(7) To avoid doubt, this section does not limit the matters the Court\nwould ordinarily consider in imposing a sentence on the youth.\n\nYouth Justice Act 2005 54\n","sortOrder":89},{"sectionNumber":"80E","sectionType":"section","heading":"Information in Aboriginal experience report and responses of","content":"80E Information in Aboriginal experience report and responses of\nLaw and Justice Group\nThe fact that information is contained in an Aboriginal experience\nreport or a response given to a question asked under\nsection 80D(5) does not constitute proof of the information.\n","sortOrder":90},{"sectionNumber":"80F","sectionType":"section","heading":"Rules of Court and practice directions","content":"80F Rules of Court and practice directions\nThe Chief Judge may make rules of Court, or issue practice\ndirections, regulating the practice and procedure of the Court under\nthis Division.\n","sortOrder":91},{"sectionNumber":"81","sectionType":"section","heading":"Principles and considerations to be applied to youth offenders","content":"81 Principles and considerations to be applied to youth offenders\n(1) When sentencing a youth who has been found guilty of an offence,\nthe Court must:\n(a) have primary regard to any impact of the offence on each\nvictim of the offence; and\n(b) also have regard to:\n(i) the principles applying generally for disposing of charges\nfor offences, except as those principles are modified by\nthis Act; and\n(ii) the general principles of youth justice set out in\nsection 4.\n(2) The Court must consider any information about the youth or the\noffence that may assist the Court to decide how to dispose of the\nmatter, and in particular must consider:\n(a) the nature and seriousness of the offence; and\n(b) any history of offences previously committed by the youth; and\n(c) the youth's cultural background; and\n(d) the age and maturity of the youth; and\n\nYouth Justice Act 2005 55\n(e) any previous order in relation to an offence that still applies to\nthe youth, and any further order that is liable to be imposed if\nthe youth has not complied with the terms of the previous\norder; and\n(f) the extent to which any person was affected as a victim of the\n(3) The Court must dispose of the matter in a way that is in proportion\nto the seriousness of the offence.\n(4) The Court must have regard to the fact that the rehabilitation of a\nyouth may be facilitated by:\n(a) the participation of the youth's family; and\n(b) giving the youth opportunities to engage in educational\nprograms and in employment,\nbut the absence of such participation or opportunities must not\nresult in the youth being dealt with more severely for the offence.\n(5) The Court must take into account whether the youth has taken\nsteps to make amends with any of the victims of the offence.\n","sortOrder":92},{"sectionNumber":"82","sectionType":"section","heading":"Powers of Supreme Court in sentencing","content":"82 Powers of Supreme Court in sentencing\n(1) If a youth is found guilty before the Supreme Court of an offence,\nthe Supreme Court may do any of the following:\n(a) exercise, in addition to its powers, the powers of the Youth\nJustice Court;\n(b) order that the youth be detained in a detention centre or\nimprisoned for a period not exceeding the period of\nimprisonment for which such an offence would be punishable\nif committed by an adult;\n(c) remit the case to the Youth Justice Court.\n(2) If the Supreme Court makes an order under subsection (1)(b), it\nmay also make any order in relation to that detention or\nimprisonment that it could make in relation to a sentence of\nimprisonment under the Sentencing Act 1995.\n(3) If the Supreme Court finds a youth guilty of murder, the Supreme\nCourt may, despite section 157(2) of the Criminal Code, sentence\nthe youth to life imprisonment or a shorter period of detention or\nimprisonment as it considers appropriate.\n\nYouth Justice Act 2005 56\n","sortOrder":93},{"sectionNumber":"83","sectionType":"section","heading":"Orders Court may make","content":"83 Orders Court may make\n(1) If the Court finds a charge proven against a youth it may, whether\nor not it proceeds to conviction, do one or more of the following:\n(a) dismiss the charge for the offence;\n(b) discharge the youth without penalty;\n(c) adjourn the matter for a period not exceeding 6 months and, if\nduring that period the youth does not commit a further offence,\ndischarge the youth without penalty;\n(d) adjourn the matter to a specified date not more than\n12 months from the date of the finding of guilt, and grant bail\nto the youth in accordance with the Bail Act 1982:\n(i) for the purpose of assessing the youth's capacity and\nprospects for rehabilitation; or\n(ii) for the purpose of allowing the youth to demonstrate that\nrehabilitation has taken place; or\n(iii) for any other purpose the Court considers appropriate in\nthe circumstances;\n(e) order the youth to participate in a program approved by the\nMinister, as specified in the order, and adjourn the matter for\nthat purpose (see Division 3);\n(f) order that the youth be released on his or her giving such\nsecurity as the Court considers appropriate that he or she will:\n(i) appear before the Court if called on to do so during the\nperiod, not exceeding 2 years, specified in the order; and\n(ii) be of good behaviour for the period of the order; and\n(iii) observe any conditions imposed by the Court (see\nDivision 4);\n(g) fine the youth not more than the maximum penalty that may\nbe imposed under the relevant law in relation to the offence\n(see Division 5);\n(h) make a community work order that the youth participate in an\napproved project for the number of hours, not exceeding\n480 hours, specified in the order (see Division 6);\n\nYouth Justice Act 2005 57\n(i) order that the youth serve a term of detention or imprisonment\nthat is suspended wholly or partly (see Division 7);\n(j) order that the youth serve a term of detention or imprisonment\nthat is suspended on the youth entering into an alternative\ndetention order (see Division 8);\n(k) order that the youth serve a term of detention or imprisonment\nthat is to be served periodically under a periodic detention\norder (see Division 9);\n(l) order that the youth serve a term of detention or\nimprisonment;\n(m) make any other order in respect of the youth that another\ncourt could make if the youth were an adult convicted of that\noffence other than a community correction order or intensive\ncommunity correction order under the Sentencing Act 1995.\nExample for subsection (1)(d)(iii)\nAllowing a parent or responsible adult in respect of the youth to demonstrate\ncompliance with a family responsibility agreement.\n(2) If the Court orders that the youth serve a term of detention or\nimprisonment, the term must not exceed the lesser of:\n(a) the maximum period that may be imposed under the relevant\nlaw in relation to the offence; or\n(b) for a youth who is:\n(i) 15 years of age or more – 2 years; or\n(ii) less than 15 years of age – 12 months.\n(3) The Court must not order the imprisonment of a youth who is less\nthan 15 years of age.\n(4) If the Supreme Court remits a case to the Youth Justice Court\nunder section 82(1)(c), the Youth Justice Court must deal with the\nyouth as if the youth had been found guilty of the offence in that\n(5) This section does not limit the power of the Supreme Court to\nimpose on a youth a sentence it could otherwise impose on him or\nher.\n\nYouth Justice Act 2005 58\n","sortOrder":94},{"sectionNumber":"84","sectionType":"section","heading":"Court may order pre-sentencing conference","content":"84 Court may order pre-sentencing conference\n(1) The Court may, when determining the appropriate sentence for a\nyouth who has been found guilty of an offence, adjourn the\nproceedings and order the youth to participate in a pre-sentencing\nconference.\n(2) A pre-sentencing conference may be with any of the victims of the\noffence the youth is charged with, community representatives,\nmembers of the youth's family or any other persons as the Court\nconsiders appropriate.\n(3) The Court may:\n(a) direct that the conference be convened at a specified time and\nplace; and\n(b) appoint a person who is appropriately qualified as the\nconvenor of the conference.\n(4) The convenor must report to the Court as to the outcome of the\nconference.\n","sortOrder":95},{"sectionNumber":"85","sectionType":"section","heading":"Non-parole period","content":"85 Non-parole period\n(1) If the Court sentences a youth to a term of detention or\nimprisonment longer than 12 months that is not suspended in whole\nor part, the Court must fix a non-parole period unless the Court\nconsiders that the nature of the offence, the past history of the\nyouth or the circumstances of the particular case make the fixing of\nsuch a period inappropriate.\n(2) If the sentence is in respect of more than one offence, the\nnon-parole period fixed under subsection (1) is in respect of the\naggregate period of detention or imprisonment that the youth is\nliable to serve under all the sentences imposed.\n(3) Subject to section 87, if the Court sentences a youth to a term of\ndetention or imprisonment of 12 months or less, or a term that is\nsuspended in whole or part, the Court may not fix a non-parole\nperiod.\n","sortOrder":96},{"sectionNumber":"86","sectionType":"section","heading":"Fixing non-parole period otherwise than at time of sentencing","content":"86 Fixing non-parole period otherwise than at time of sentencing\n(1) This section applies if the Court fails to fix a non-parole period\nunder section 85.\n(2) The failure does not invalidate the sentence.\n\nYouth Justice Act 2005 59\n(3) On application by the appropriate authority, a prosecutor, the youth\nor a person on behalf of the youth, the Court may fix a non-parole\nperiod in accordance with section 85 in any manner in which the\nCourt might have done so at the time of sentencing.\n","sortOrder":97},{"sectionNumber":"87","sectionType":"section","heading":"Fixing new non-parole period in respect of multiple sentences","content":"87 Fixing new non-parole period in respect of multiple sentences\n(a) a youth has been sentenced to be detained or imprisoned for\nan offence and a non-parole period has been fixed in respect\nof the sentence; and\n(b) before the end of the non-parole period the youth is sentenced\nby the Court to a further term of detention or imprisonment.\n(1A) The Court must fix a new single non-parole period in respect of all\nthe sentences the youth is to serve or complete.\n(2) The new single non-parole period fixed at the time of the imposition\nof the further sentence:\n(a) supersedes any previous non-parole period that the youth is to\nserve or complete; and\n(b) must not be such as to render the youth eligible to be released\non parole earlier than would have been the case if the further\nsentence had not been imposed.\n","sortOrder":98},{"sectionNumber":"88","sectionType":"section","heading":"Court may disqualify youth from holding driving licence","content":"88 Court may disqualify youth from holding driving licence\n(1) The Court may, in addition to any other order it may make if a youth\nis found guilty of an offence, make an order disqualifying the youth\nfrom holding a licence to drive a motor vehicle:\n(a) as from a day or time specified in the order; and\n(b) for a period specified in the order or until further order.\n(2) The Court may make the order if satisfied that, having regard to all\nthe facts and circumstances before it, the youth is not a fit and\nproper person to hold such a licence.\n(3) The Court may make the order if the charge is proved, whether or\nnot a conviction is recorded.\n(4) The order has the same force and effect as an order under the\nTraffic Act 1987.\n\nYouth Justice Act 2005 60\n(5) The Court may, at any time on application by or on behalf of the\nyouth disqualified under the order, vary or revoke the order if the\nCourt is satisfied it is just and expedient to do so.\n(6) This section is in addition to any powers of a court under the Traffic\nAct 1987 or any other Act to make an order disqualifying a person\nfrom holding a licence to drive a motor vehicle.\n","sortOrder":99},{"sectionNumber":"89","sectionType":"section","heading":"Restitution","content":"89 Restitution\n(1) The Court may, in addition to any other order it may make in\nrelation to a youth who is found guilty of an offence, make an order\nfor:\n(a) restitution by way of monetary compensation; or\n(b) with the consent of the youth and the victim, performance of\nservice as compensation for an offence.\n(2) In making the order, the Court must have regard to:\n(a) the amount of loss or damage suffered as a result of the\noffence; and\n(b) the ability of the youth to comply with the order.\n(3) An order under subsection (1) for monetary compensation must not\nexceed $5 000.\n(4) Monetary compensation under this section must be paid to the\nFines Recovery Unit for distribution in accordance with the order.\n(5) The Fines and Penalties (Recovery) Act 2001 applies in relation to\nan amount payable under this section.\n(6) If the Court orders performance of service as compensation:\n(a) the monetary value of the compensation must be specified in\n(b) the value of the service performed is to be determined in\naccordance with the Regulations; and\n(c) the youth must perform the service until the monetary value of\nthe compensation has been satisfied.\n(7) An order under this section does not preclude any other action or\nproceedings for damages by a person who suffered loss or\ndamages as a result of an offence.\n\nYouth Justice Act 2005 61\n","sortOrder":100},{"sectionNumber":"89A","sectionType":"section","heading":"Court may order family responsibility agreement be entered","content":"89A Court may order family responsibility agreement be entered\ninto\n(1) In addition to any other order the Court may make, the Court may\norder that an appropriate Agency take reasonable steps to enter\ninto a family responsibility agreement with a parent of the youth\nbefore the Court.\n(2) The Court may make an order under subsection (1) whether or not\nthe Court finds a charge proven against the youth or finds the youth\nguilty of an offence.\nappropriate Agency, see section 140A.\n","sortOrder":101},{"sectionNumber":"90","sectionType":"section","heading":"Matters relating to approved programs","content":"90 Matters relating to approved programs\n(1) This section applies in relation to an order under section 83(1)(e).\n(2) The Minister may, by notice in the Gazette, approve a program for\nthis section.\n(3) If the Court is satisfied that the youth has satisfactorily completed\nthe program, the Court may make an order discharging the youth\nwithout penalty.\n(4) If the Court is satisfied that the youth has failed to satisfactorily\ncomplete the program, the Court must:\n(a) revoke the order (if it is still in force); and\n(b) deal with the youth for the relevant offence or offences in any\nmanner in which the Court could deal with the youth if it had\njust found the youth guilty of the offence or those offences.\n(5) In determining how to deal with the youth under subsection (4)(b),\nthe Court must take into account the extent to which the youth had\ncomplied with the order or conditions or continuing obligation.\n(6) In dealing with a youth under this section, the Court must not\n\nYouth Justice Act 2005 62\n","sortOrder":102},{"sectionNumber":"91","sectionType":"section","heading":"Making good behaviour order","content":"91 Making good behaviour order\n(1) This section applies if the Court makes a good behaviour order.\n(2) A good behaviour order in respect of a youth may impose any of\nthe following conditions on the youth as the Court considers\nappropriate:\n(a) that the youth reside with a particular person, or at a particular\nplace, specified in the order;\n(b) that the youth obey the reasonable directions of a person\nspecified in the order;\n(c) that the youth refrain from the activities, or from associating\nwith persons, specified in the order;\n(d) that the youth be under the supervision of the CEO and that\nthe youth reports to a person nominated by the CEO, at the\nplace and times as determined by that person, during the\nperiod of the order;\n(e) any other condition the Court considers appropriate.\n(3) If the Court makes a good behaviour order in respect of a youth, the\nyouth must sign the order to signify acceptance of the terms before\nleaving the precincts of the Court.\n(4) A copy of a good behaviour order must be:\n(c) sent to the CEO, if the order entails supervision.\n(5) A youth who is the subject of a good behaviour order may, by order\nof the Court or by notice issued by the Registrar, be called upon\nduring the period specified in the order to appear before the Court.\n(6) An order or notice under subsection (5) must be served on the\nyouth not less than 4 days before the time specified in the notice for\nthe appearance.\n(7) An application for an order under subsection (5) may be made in\nthe absence of the youth.\n\nYouth Justice Act 2005 63\n","sortOrder":103},{"sectionNumber":"92","sectionType":"section","heading":"Imposition of fine","content":"92 Imposition of fine\n(1) This section applies if the Court imposes a fine under\nsection 83(1)(g).\n(2) The fine may be enforced under the Fines and Penalties\n(Recovery) Act 2001 unless the Court orders detention or\nimprisonment in default in accordance with subsection (3).\n(3) The Court may order that if the fine is not paid within 28 days the\nyouth must be detained at a detention centre or imprisoned until his\nor her liability to pay the fine is discharged.\n(4) If the Court makes an order under subsection (3) and the youth\ndoes not pay the fine within 28 days, the Court may issue a warrant\nof commitment in respect of the youth specifying the period of\ndetention or imprisonment to be one day for each amount (or part of\nthat amount) prescribed for the purposes of section 88 of the Fines\nand Penalties (Recovery) Act 2001 that comprises the fine.\n(5) If the youth serves the total period of detention or imprisonment\nunder a warrant under subsection (4), the fine is taken to be\nsatisfied.\n(6) If the youth serves part of the period of detention or imprisonment\nunder a warrant under subsection (4), the fine is taken to be\npartially satisfied by the amount calculated at the rate prescribed for\nthe purposes of section 88 of the Fines and Penalties (Recovery)\nAct 2001 for each day actually served.\n(7) Unless otherwise ordered by the Court, any period of detention or\nimprisonment that the youth has to serve as a result of an order\nunder subsection (3) must be served:\n(a) cumulatively on any incomplete sentence or sentences of\ndetention or imprisonment imposed on the youth for the\ndefault of a payment of a fine or sum of money; and\n(b) concurrently with any incomplete sentence or sentences of\ndetention or imprisonment imposed on the youth other than for\nthe default of a payment of a fine or sum of money, whether\nthe other sentence was or the other sentences were imposed\nbefore or at the same time as that term.\n\nYouth Justice Act 2005 64\n","sortOrder":104},{"sectionNumber":"93","sectionType":"section","heading":"Application and purpose of community work orders","content":"93 Application and purpose of community work orders\n(1) This Division applies in relation to a community work order.\n(2) The purpose of a community work order is to reflect the public\ninterest in ensuring that a youth who commits an offence makes\namends to the community by performing work that is of benefit to\nthe community.\n","sortOrder":105},{"sectionNumber":"94","sectionType":"section","heading":"Making community work order","content":"94 Making community work order\n(1) The Court may make a community work order in relation to a youth\nif:\n(a) the youth consents to the making of the order and to the terms\nof the order; and\n(b) the Court is satisfied there is an approved project suitable for\nthe youth to participate in; and\n(c) a community youth justice officer advises the Court that\narrangements have been or will be made for the youth to\nparticipate in the approved project; and\n(d) the Court is satisfied that the youth is a suitable person to\nparticipate in the approved project.\n(2) For subsection (1)(d), the Court must require a report from a\ncommunity youth justice officer as to the youth's circumstances and\nany other matter the Court specifies.\n(3) If the Court makes a community work order, the youth must sign the\norder to signify acceptance of the terms of the order before leaving\nthe precincts of the Court.\n(4) If the Court makes a community work order, it must ensure that a\ncopy of the order is:\n(c) sent to the CEO.\n(5) A community work order may require the youth to be present:\n(a) at a place and to a person; and\n\nYouth Justice Act 2005 65\n(b) within a time;\nspecified in the order or as directed by the CEO in writing.\n(6) If the time and place are not specified in the order, the CEO must\ncause a written direction to be given to the youth as soon as\npracticable after the order is made.\n(7) If the community work order:\n(a) is in respect of 2 or more offences; or\n(b) is in addition to one or more other community work orders in\nforce in respect of the youth,\nthe total number of hours to be worked under the order, or orders\nas the case may be, must not exceed 480 hours.\n","sortOrder":106},{"sectionNumber":"95","sectionType":"section","heading":"Duties of youth in carrying out community work order","content":"95 Duties of youth in carrying out community work order\n(1) A youth who is the subject of a community work order:\n(a) must participate, for the number of hours specified in the\norder, in an approved project as directed by a community\nyouth justice officer; and\n(b) must participate in the project to the satisfaction of a\ncommunity youth justice officer or the project supervisor; and\n(c) must, while participating in the project, comply with any\nreasonable directions of a community youth justice officer or\nthe project supervisor; and\n(d) must inform a community youth justice officer of any change in\nthe youth's residential address within 48 hours after the\nchange; and\n(e) must not commit an offence while the order is in force.\n(2) Unless the youth consents, he or she must not be required to\nparticipate in an approved project under a community work order for\nmore than 8 hours (exclusive of time allowed for meals) in any\none day.\n","sortOrder":107},{"sectionNumber":"96","sectionType":"section","heading":"Breach of community work order","content":"96 Breach of community work order\n(1) A youth who is the subject of a community work order breaches the\norder if the youth:\n(a) fails to comply with a term or condition of the order; or\n\nYouth Justice Act 2005 66\n(b) fails to carry out the youth's obligations under section 95; or\n(c) disturbs or interferes with any other person participating in or\ndoing anything under a community work order; or\n(d) assaults, threatens, insults or uses abusive language to a\ncommunity youth justice officer or the project supervisor; or\n(e) changes address to avoid the youth's obligations under this\nAct.\n(2) If the community work order that is breached is in addition to one or\nmore other community work orders in force in respect of the youth,\nany time spent participating in approved projects under the orders\nis taken to have been spent in the projects in the succession in\nwhich the orders were made, and the youth is taken to be in breach\nof all the orders that remain unsatisfied.\n","sortOrder":108},{"sectionNumber":"97","sectionType":"section","heading":"CEO may approve projects","content":"97 CEO may approve projects\n(1) The CEO may approve a rehabilitation project or work, or both, as a\nproject to be participated in under a community work order.\n(2) An approved project must have a person nominated to be the\nproject supervisor.\n","sortOrder":109},{"sectionNumber":"98","sectionType":"section","heading":"Making order to suspend sentence","content":"98 Making order to suspend sentence\n(1) This section applies in relation to an order under section 83(1)(i).\n(2) The Court may suspend all or part of a sentence of detention or\nimprisonment on the conditions it considers appropriate.\n(3) If the Court suspends all or part of a sentence, it must specify a\nperiod, not exceeding 2 years, during which the youth must not\ncommit any further offences.\n(4) The period in subsection (3) begins:\n(a) if the whole of the sentence is suspended – on the date of the\norder; and\n(b) if part of the sentence is suspended – on the date specified in\nthe order.\n\nYouth Justice Act 2005 67\n","sortOrder":110},{"sectionNumber":"98A","sectionType":"section","heading":"Procedural matters","content":"98A Procedural matters\n(1) If the Court makes an order suspending the sentence imposed on a\nyouth, the youth must sign the order to signify acceptance of the\nterms before leaving the precincts of the Court.\n(2) If the Court makes an order suspending the sentence imposed on a\nyouth, it must ensure that a copy of the order is:\n(c) sent to the appropriate authority.\n","sortOrder":111},{"sectionNumber":"99","sectionType":"section","heading":"Application","content":"99 Application\nThis Division applies in relation to an alternative detention order.\n","sortOrder":112},{"sectionNumber":"100","sectionType":"section","heading":"Making alternative detention order","content":"100 Making alternative detention order\n(1) The Court may suspend the sentence imposed on a youth if the\nyouth enters into an alternative detention order and the Court is\nsatisfied it is desirable to do so in the circumstances.\n(2) The Court must specify in the order the premises or place (which\nmay include a restricted area) at which the youth is to reside or\nremain and the period, not exceeding 12 months, that the order is\nto remain in force.\n(3) The Court must not make the order unless the youth consents to\nthe making of the order and to the terms of the order.\n","sortOrder":113},{"sectionNumber":"101","sectionType":"section","heading":"Circumstances in which alternative detention order may be","content":"101 Circumstances in which alternative detention order may be\nmade\n(1) The Court can only make an alternative detention order if it is\nsatisfied that:\n(a) suitable arrangements are available for the youth to reside at\nthe premises or place specified in the report; and\n(b) the premises or place specified in the report is suitable for the\npurposes of the order; and\n\nYouth Justice Act 2005 68\n(c) the making of the order is not likely to inconvenience or put at\nrisk other persons living in those premises or at that place or\nthe community generally; and\n(d) the youth is a suitable person for alternative detention.\n(2) In order to be satisfied as to those matters, the Court must require\nfrom the CEO a report.\n(3) The CEO must prepare and provide to the Court a report\naddressing the matters referred to in subsection (1) and any other\nmatters specified by the Court.\n(4) In preparing the report, the CEO must take into account the views\nof those members of the community who, in the opinion of the CEO,\nmay be affected by the making of the order.\n","sortOrder":114},{"sectionNumber":"102","sectionType":"section","heading":"Conditions of order","content":"102 Conditions of order\n(1) An alternative detention order may be subject to the terms and\nconditions the Court considers appropriate including, but not limited\nto, that the youth:\n(a) not leave the premises or place specified in the order except\nat the times and for the periods as prescribed or as otherwise\npermitted by the CEO or a community youth justice officer;\nand\n(b) wear or have attached an approved monitoring device in\naccordance with the directions of the CEO, and allow the\nplacing, or installation in, and retrieval from, the premises or\nplace specified in the order of a machine, equipment or device\nnecessary for the efficient operation of the approved\nmonitoring device; and\n(c) obey the reasonable directions of the CEO.\n(2) The Regulations may prescribe conditions with which a youth who\nis subject to an alternative detention order must comply.\n","sortOrder":115},{"sectionNumber":"103","sectionType":"section","heading":"Procedural matters","content":"103 Procedural matters\n(1) If the Court makes an alternative detention order, the youth must\nsign the order to signify acceptance of the terms before leaving the\nprecincts of the Court.\n(2) If the Court makes an alternative detention order, it must ensure\nthat a copy of the order is:\n\nYouth Justice Act 2005 69\n(ba) sent to the CEO; and\n(c) if the youth is sentenced to a term of imprisonment – sent to\nthe Commissioner.\n","sortOrder":116},{"sectionNumber":"104","sectionType":"section","heading":"If more than one alternative detention order made","content":"104 If more than one alternative detention order made\n(1) If the Court makes an alternative detention order in respect of 2 or\nmore offences, the aggregate period the order is to remain in force\nmust not exceed 12 months.\n(2) If one or more other alternative detention orders are in force in\nrespect of the youth, the Court must not make a further alternative\ndetention order that results in the aggregate periods of the orders\nexceeding 12 months.\n","sortOrder":117},{"sectionNumber":"110","sectionType":"section","heading":"Breach of alternative detention order","content":"110 Breach of alternative detention order\nA youth breaches an alternative detention order if the youth:\n(a) fails to reside in or remain at the premises or place specified in\nthe order; or\n(b) fails to comply with a term or condition of the order; or\n(c) wilfully destroys, damages or removes, or attempts to destroy,\ndamage or remove, any part of an approved monitoring device\nor any associated machine, equipment or device; or\n(d) fails to comply with a lawful direction of a community youth\njustice officer to submit to a prescribed alcohol/drug test; or\n(e) disturbs or interferes with another person residing in the\npremises or at the place specified in the order; or\n(f) assaults, threatens, insults or uses abusive language to a\ncommunity youth justice officer; or\n(g) contravenes a condition prescribed under section 102(2).\n","sortOrder":118},{"sectionNumber":"111","sectionType":"section","heading":"Application","content":"111 Application\nThis Division applies in relation to a periodic detention order.\n\nYouth Justice Act 2005 70\n","sortOrder":119},{"sectionNumber":"112","sectionType":"section","heading":"Making periodic detention order","content":"112 Making periodic detention order\n(1) The Court may make a periodic detention order in respect of a\nyouth if:\n(a) the youth consents to the making of the order and to the terms\nof the order; and\n(b) the Court is satisfied there are appropriate facilities available;\nand\n(c) the Court is satisfied that the youth is a suitable person for\nperiodic detention.\n(2) For subsection (1)(c), the Court must require a report from the\nCommissioner of Correctional Services or the CEO as to the\nyouth's circumstances and any other matter the Court specifies.\n","sortOrder":120},{"sectionNumber":"113","sectionType":"section","heading":"Order must specify number of detention or imprisonment","content":"113 Order must specify number of detention or imprisonment\nperiods\nA periodic detention order must specify:\n(a) the number of periods of detention or imprisonment the youth\nmust serve; and\n(b) the length of each period of detention or imprisonment; and\n(c) the detention centre or custodial correctional facility at which\nthe youth must serve the sentence; and\n(d) the date and time at which the youth must first report to the\ndetention centre or custodial correctional facility; and\n(e) the day of the week and the time at which the youth must\nsubsequently report during the term of the sentence.\n","sortOrder":121},{"sectionNumber":"114","sectionType":"section","heading":"Conditions of order","content":"114 Conditions of order\n(1) A periodic detention order is subject to the following conditions:\n(a) the youth must report to the relevant detention centre or\ncustodial correctional facility (as the case may be) on the day\nor date and at the time specified in the order;\n(b) the youth must not commit an offence while the order is in\nforce;\n\nYouth Justice Act 2005 71\n(c) the youth must notify the superintendent of the detention\ncentre, or the officer in charge of the custodial correctional\nfacility (as the case may be), within 48 hours of being charged\nwith an offence, in the Territory or elsewhere, while the order\nis in force;\n(d) the youth must notify the superintendent of the detention\ncentre, or the officer in charge of the custodial correctional\nfacility (as the case may be), of any change in the youth's\naddress, while the order is in force, within 48 hours after the\nchange;\n(e) while the order is in force, the youth must obey all lawful\ninstructions and directions of the appropriate authority or the\nsuperintendent of the detention centre or the officer in charge\nof the custodial correctional facility (as the case may be);\n(f) any other conditions the Court considers appropriate.\n(2) For subsection (1)(e), lawful instructions and directions includes\ninstructions or directions in relation to participation in any program\nor activity.\n","sortOrder":122},{"sectionNumber":"115","sectionType":"section","heading":"Procedural matters","content":"115 Procedural matters\n(1) If the Court makes a periodic detention order, the youth must sign\nthe order to signify acceptance of the terms before leaving the\nprecincts of the Court.\n(2) If the Court makes a periodic detention order, it must ensure that a\ncopy of the order is:\n(c) sent to the appropriate authority.\n","sortOrder":123},{"sectionNumber":"116","sectionType":"section","heading":"Order remains in force until served or cancelled","content":"116 Order remains in force until served or cancelled\nA periodic detention order remains in force until:\n(a) the relevant detention or imprisonment periods required to be\nserved under the order, or any detention or imprisonment\nperiods by which the order has been extended under\nsection 119, have been served; or\n(b) the order has been cancelled or revoked.\n\nYouth Justice Act 2005 72\n","sortOrder":124},{"sectionNumber":"117","sectionType":"section","heading":"Warrant of commitment covers all periods","content":"117 Warrant of commitment covers all periods\nThe Court must issue a warrant of commitment in respect of the\nyouth that is taken to apply to all detention or imprisonment periods\nto be served under the periodic detention order.\n","sortOrder":125},{"sectionNumber":"118","sectionType":"section","heading":"Youth in lawful custody","content":"118 Youth in lawful custody\nThe youth is taken to be in lawful custody while serving each period\nof detention or imprisonment under the order.\n","sortOrder":126},{"sectionNumber":"119","sectionType":"section","heading":"Appropriate authority can vary times","content":"119 Appropriate authority can vary times\n(1) The appropriate authority may grant a youth leave of absence from\na period of detention or imprisonment:\n(a) for health reasons; or\n(b) on compassionate grounds; or\n(c) for any other reason the appropriate authority considers\nsufficient.\n(2) Leave of absence may be granted either before or after the\ndetention or imprisonment period to which it relates.\n(3) If the appropriate authority refuses to grant leave of absence to a\nyouth in relation to one or more detention or imprisonment periods,\nthe youth may apply to the Youth Justice Court and the Court may,\nif it considers it appropriate, direct that leave of absence be granted\nin respect of all or any of those detention or imprisonment periods.\n(4) An application under subsection (3) must be made within 21 days\nafter the refusal.\n(5) If the Court directs that leave of absence be granted, the\nappropriate authority is taken to have granted leave of absence for\neach detention or imprisonment period specified by the Court.\n(6) A youth who is granted leave of absence from a period of detention\nor imprisonment:\n(a) is not taken to be serving that period of detention or\nimprisonment for the purposes of the youth's sentence; and\n(b) must continue to report under the periodic detention order until\nthe specified number of detention or imprisonment periods\nhave been served.\n\n","sortOrder":127},{"sectionNumber":"Div 10","sectionType":"division","heading":"Breach of order and re-offending during adjournment","content":"Division 10 Breach of order and re-offending during adjournment\nYouth Justice Act 2005 73\n","sortOrder":128},{"sectionNumber":"120","sectionType":"section","heading":"Youth unfit for detention or imprisonment","content":"120 Youth unfit for detention or imprisonment\n(1) The superintendent of a detention centre or the officer in charge of\na custodial correctional facility (as the case may be) may refuse to\nadmit a youth to the centre or facility if the superintendent or officer\nbelieves on reasonable grounds that the youth is unfit to serve a\nperiod of detention or imprisonment because the youth's behaviour\nis unruly or is otherwise a threat to the good order or security of the\ncentre or facility.\n(2) A youth refused admission under subsection (1) is taken to have\nfailed to report for detention or imprisonment.\nDivision 10 Breach of order and re-offending during\nadjournment\n","sortOrder":129},{"sectionNumber":"121","sectionType":"section","heading":"Breach","content":"121 Breach\n(1) A youth breaches an order if the youth:\n(a) fails, without reasonable excuse, to comply with a term or\ncondition of the order; or\n(b) fails to comply with the Regulations relating to the order; or\n(c) commits an offence against a law in force in the Territory or\nelsewhere while he or she is subject to the order; or\n(d) does an act, or omits to do an act, that comprises a breach\nunder another provision of this Act.\n(2) The Court may, on application by the appropriate authority or\nprosecutor or of its own motion, make an order under this section.\n(3) Notice of the application or hearing must be given to the youth.\n(4) A justice of the peace may issue a warrant for the arrest of the\nyouth if satisfied that:\n(a) the youth is in breach of an order; and\n(b) the youth may not appear in Court.\n(5) If the youth does not attend the hearing, the Court may issue a\nwarrant for the arrest of the youth.\n\nDivision 10 Breach of order and re-offending during adjournment\nYouth Justice Act 2005 74\n(6) If the Court is satisfied by evidence on oath or by affidavit, or by the\nadmission of a youth, that the youth has breached an order, the\nCourt may:\n(a) if the order is still in force:\n(i) confirm or vary the order; or\n(ii) revoke the order and deal with the youth under\nsection 83 as if it had just found him or her guilty of the\nrelevant offence or offences; and\n(b) if the order is no longer in force – deal with the youth under\nsection 83 as if it had just found him or her guilty of the\nrelevant offence or offences.\n(7) In determining how to deal with the youth under subsection (6), the\nCourt must take into account the extent to which the youth had\ncomplied with the order before the application was made.\n(8) In dealing with a youth under this section, the Court must not\n","sortOrder":130},{"sectionNumber":"122","sectionType":"section","heading":"Youth offends during adjournment","content":"122 Youth offends during adjournment\n(a) the Court:\n(i) finds a charge proven against a youth; and\n(ii) adjourns the matter under section 83(1)(c) or (e); and\n(iii) discharges the youth without penalty; and\n(b) the youth is subsequently found guilty of an offence committed\nduring the period of the adjournment.\n(2) The Court that finds the youth guilty of the offence referred to in\nsubsection (1)(b) must, in addition to imposing a penalty in respect\nof that offence, impose on the youth any penalty that could have\nbeen imposed in respect of the offence to which subsection (1)(a)\napplies.\n(3) It is immaterial that the aggregate of both penalties may exceed a\nlimit referred to in section 83.\n\nYouth Justice Act 2005 75\n","sortOrder":131},{"sectionNumber":"123","sectionType":"section","heading":"Explanation of orders","content":"123 Explanation of orders\n(1) If the Court makes an order in relation to a youth, the Court must\nexplain the order to the youth in a language and manner the youth\nis likely to understand, having regard to the youth's age, health,\nmaturity, cultural background and English language skills.\n(2) The Court must explain to the youth:\n(a) the purpose and effect of the order; and\n(b) the consequences of non-compliance with the order and the\ncircumstances in which the youth would be taken to breach\n(c) that the Court has the power to review the order on the\napplication of the appropriate authority, the youth or a person\non behalf of the youth.\n(3) An order is not invalidated by a failure to comply with\nsubsection (2).\n","sortOrder":132},{"sectionNumber":"124","sectionType":"section","heading":"Arrest without warrant if condition breached","content":"124 Arrest without warrant if condition breached\nIf a police officer has reason to believe that a youth has breached a\ncondition imposed on the youth under this Part, the officer:\n(a) may arrest the youth without a warrant; and\n(b) must bring him or her before the Court as soon as practicable.\n","sortOrder":133},{"sectionNumber":"125","sectionType":"section","heading":"Aggregate sentences of detention or imprisonment","content":"125 Aggregate sentences of detention or imprisonment\n(1) If the Court finds a youth guilty of 2 or more offences arising out of\nthe same incident or course of conduct, the Court may impose one\nterm of detention or imprisonment in respect of both or all of those\n(2) The term of detention or imprisonment must not exceed the lesser\nof:\n(a) the maximum term that could be imposed if a separate term\nwere imposed in respect of each offence; or\n(b) for a youth who:\n(i) has turned 15 years of age – 2 years; or\n(ii) is under 15 years of age – 12 months.\n\nYouth Justice Act 2005 76\n(3) Subsection (1) does not apply if one of the offences is a violent\noffence, or a sexual offence, within the meaning of the Sentencing\nAct 1995.\n","sortOrder":134},{"sectionNumber":"126","sectionType":"section","heading":"Detention or imprisonment to be concurrent unless otherwise","content":"126 Detention or imprisonment to be concurrent unless otherwise\nordered\n(1) If a youth:\n(a) is serving, or has been sentenced to serve, a term of detention\nor imprisonment for an offence; and\n(b) is sentenced by the Court to serve another term of detention\nor imprisonment for another offence,\nthe later term of detention or imprisonment must be served\nconcurrently with the term of detention or imprisonment for the first\n(2) Subsection (1) does not apply if:\n(a) this Act otherwise provides; or\n(b) the Court otherwise orders when imposing the later sentence.\n","sortOrder":135},{"sectionNumber":"127","sectionType":"section","heading":"Cumulative orders of detention or imprisonment","content":"127 Cumulative orders of detention or imprisonment\n(1) If a youth:\n(a) is serving, or has been sentenced to serve, a term of detention\nor imprisonment for an offence; and\n(b) is sentenced to serve another term of detention or\nimprisonment for another offence,\nthe Court may direct the term of detention or imprisonment for the\nother offence is to start from the end of the term of detention or\nimprisonment for the first offence or an earlier date.\n(2) Subsection (1) applies whether the term of detention or\nimprisonment for the first offence is being served concurrently with\nor cumulatively on the term of detention or imprisonment for\nanother offence.\n","sortOrder":136},{"sectionNumber":"128","sectionType":"section","heading":"Taking other offences into account","content":"128 Taking other offences into account\nSection 107 of the Sentencing Act 1995 applies in relation to\nproceedings under this Act as if:\n(a) a reference to a court were a reference to the Youth Justice\nCourt; and\n\nYouth Justice Act 2005 77\n(b) a reference to a person included a reference to a youth.\n","sortOrder":137},{"sectionNumber":"129","sectionType":"section","heading":"Sentence of detention or imprisonment may be backdated","content":"129 Sentence of detention or imprisonment may be backdated\nDespite any other provision of this Act, if:\n(a) a youth has been in custody after his or her arrest for an\noffence; and\n(b) the youth is convicted of that offence and sentenced to\ndetention or imprisonment,\nthe Court may order that the detention or imprisonment is taken to\nhave commenced on the day on which the youth was arrested or on\nany other day between that day and the day on which the Court\npasses sentence.\n","sortOrder":138},{"sectionNumber":"130","sectionType":"section","heading":"Order of service of sentences of detention or imprisonment","content":"130 Order of service of sentences of detention or imprisonment\nIf a youth has been sentenced to several terms of detention or\nimprisonment in respect of any of which a non-parole period was\nfixed, the terms are taken to be served in succession as follows:\n(a) any term in respect of which a non-parole period was not\nfixed;\n(b) the non-parole period;\n(c) unless and until released on parole, the balance of any term\nafter the end of the non-parole period.\n","sortOrder":139},{"sectionNumber":"131","sectionType":"section","heading":"Further sentence if detainee on parole","content":"131 Further sentence if detainee on parole\n(a) a youth is sentenced in the Territory to a term of detention or\nimprisonment for an offence that was committed while a\nparole order under the Parole Act 1971 was in force for the\nyouth; and\n(b) the parole order:\n(i) was revoked by the Chairperson under section 5B(1)(b)\nof the Parole Act 1971 before the youth was sentenced;\nor\n(ii) was cancelled by a court under section 6 of the Parole\nAct 1971 before the youth was sentenced; or\n(iii) is taken, under section 5D of the Parole Act 1971, to\nhave been revoked because of the sentence.\n\nYouth Justice Act 2005 78\n(2) The Court must also order the youth to be detained or imprisoned\nfor:\n(a) if the parole order was revoked or cancelled as mentioned in\nsubsection (1)(b)(i) or (ii) – the term that the youth had not\nserved when released from detention under the parole order\nminus the part of the term the youth served after the parole\norder was revoked or cancelled; or\n(b) otherwise – the term that the youth had not served when\nreleased from detention under the parole order.\n(3) The term of detention or imprisonment to be served in accordance\nwith subsection (2) starts at the end of the term of detention or\nimprisonment to which the youth is sentenced for the offence\nmentioned in subsection (1).\nChairperson, see section 3(1) of the Parole Act 1971.\n","sortOrder":140},{"sectionNumber":"133","sectionType":"section","heading":"Parents liable for costs of detention","content":"133 Parents liable for costs of detention\n(1) If, under section 83, a youth is ordered by the Court to be detained\nat a detention centre, the Court may order that a parent or the\nparents of the youth pay an amount towards the cost of detaining\nthe youth in the detention centre.\n(2) The amount must not exceed:\n(a) $100 per week for each week during which the youth is\ndetained in the detention centre; or\n(b) for periodic detention – $15 per day for each day the youth is\ndetained in the detention centre.\n(3) If the Court makes an order under subsection (1), it must specify\nthe amount that the parent is, or parents are, required to pay\ntowards the cost of detaining the youth.\n(4) The Fines and Penalties (Recovery) Act 2001 applies in relation to\nan amount ordered to be paid under this section and any amount\npayable must be paid to the Fines Recovery Unit.\n(5) The Court must not make an order under this section in respect of a\nparent or the parents of a youth unless:\n(a) the parent is, or parents are, given an opportunity to be heard\nand it has taken into account any matters put to it by the\nparent or parents; and\n\nYouth Justice Act 2005 79\n(b) it is satisfied that the parent has, or parents have, failed to\nexercise reasonable supervision and control of the youth; and\n(c) it is satisfied, after taking into account all the circumstances,\nthat it is reasonable to make the order.\n","sortOrder":141},{"sectionNumber":"134","sectionType":"section","heading":"Forfeiture of bail","content":"134 Forfeiture of bail\n(1) If the Court orders forfeiture of a bail undertaking, Part 8 of the\nFines and Penalties (Recovery) Act 2001 applies and payment can\nbe enforced under that Act unless the Court orders detention or\nimprisonment in default under subsection (2).\n(2) The Court may order that if the forfeited amount is not paid within\n28 days, the youth in respect of whom the order is made must be\ndetained at a detention centre or imprisoned until his or her liability\nto pay the forfeited amount is discharged.\n(3) If the Court makes an order under subsection (2) and the forfeited\namount is not paid within 28 days, the Court may issue a warrant of\ncommitment in respect of the youth specifying the period of\ndetention or imprisonment calculated on the basis of the amount\nforfeited as follows:\n(a) the period must be one day for each amount (or part of that\namount) prescribed for the purposes of section 88 of the Fines\nand Penalties (Recovery) Act 2001 that comprises the amount\nforfeited;\n(b) the period must not be less than one day;\n(c) the period must not exceed 3 months.\n(4) If a youth serves the total period of detention or imprisonment under\na warrant under subsection (3), the forfeiture is taken to be\nsatisfied.\n(5) If a youth serves part of the period of detention or imprisonment\nunder a warrant under subsection (3), the forfeiture is taken to be\npartially satisfied by the amount calculated at the rate prescribed for\nthe purposes of section 88 of the Fines and Penalties (Recovery)\nAct 2001 for each day actually served.\n(6) Unless otherwise ordered by the Court, any period of detention or\nimprisonment that the youth has to serve as a result of an order\nunder subsection (2) must be served:\n(a) cumulatively on any incomplete sentence or sentences of\ndetention or imprisonment imposed on the youth for the\ndefault of a payment of a fine or sum of money; and\n\nYouth Justice Act 2005 80\n(b) concurrently with any incomplete sentence or sentences of\ndetention or imprisonment imposed on the youth other than for\nthe default of a payment of a fine or sum of money, whether\nthe other sentence was or the other sentences were imposed\nbefore or at the same time as that term.\n","sortOrder":142},{"sectionNumber":"135","sectionType":"section","heading":"Registrar may disclose name of youth","content":"135 Registrar may disclose name of youth\n(a) a charge against a youth for an offence is proven (whether or\nnot a conviction is recorded); and\n(b) a person intends to commence proceedings for loss or\ndamage as a result of the offence; and\n(c) the proceedings under this Act in respect of the youth were\nclosed to the public.\n(2) The person may apply to the Registrar who must supply the person\nwith the name and address of the youth.\n","sortOrder":143},{"sectionNumber":"137","sectionType":"section","heading":"Procedure where youth before another court","content":"137 Procedure where youth before another court\n(1) If, in any proceedings before a court other than the Youth Justice\nCourt, it appears to the court that the proceeding should have been\ninstituted in the Youth Justice Court, the court may:\n(a) order a stay of the proceedings; or\n(b) proceed with the hearing and determination of those\nproceedings in accordance with this Act as if the court were\nthe Youth Justice Court.\n(2) If a court stays proceedings under subsection (1)(a), it must:\n(a) refer the proceedings for hearing and determination by the\nYouth Justice Court; and\n(b) do one of the following:\n(i) allow the youth to go at large;\n(ii) release the youth on bail;\n(iii) release the youth into the care and supervision of any\nperson;\n(iv) remand the youth in custody in a detention centre or\nother suitable place (that is not a custodial correctional\nfacility).\n\nYouth Justice Act 2005 81\n","sortOrder":144},{"sectionNumber":"138","sectionType":"section","heading":"Procedure where adult before Youth Justice Court","content":"138 Procedure where adult before Youth Justice Court\n(1) If, in the course of any proceedings before the Youth Justice Court,\nit appears to the Court that the proceedings should have been\ninstituted in the Local Court, the Youth Justice Court may:\n(a) order a stay of the proceedings; or\n(b) proceed with the hearing and determination of those\nproceedings as if it were the Local Court.\n(2) If the Youth Justice Court stays proceedings under subsection (1), it\nmust:\n(a) refer the proceedings for hearing and determination by the\nLocal Court; and\n(b) do one of the following:\n(i) allow the defendant to go at large;\n(ii) release the defendant on bail;\n(iii) remand the defendant in suitable custody.\n","sortOrder":145},{"sectionNumber":"139","sectionType":"section","heading":"Court has jurisdiction","content":"139 Court has jurisdiction\nA court to which proceedings are referred under section 137 or 138\nhas jurisdiction to hear and determine the proceedings.\n","sortOrder":146},{"sectionNumber":"140","sectionType":"section","heading":"Referred proceedings valid","content":"140 Referred proceedings valid\nIf proceedings are referred to the Youth Justice Court under\nsection 137:\n(a) the proceedings must be dealt with under this Act from the\ndate of referral, despite that before that date the proceedings\nor any part of those proceedings did not comply with this Act\nor that a requirement of this Act had not been complied with;\nand\n(b) the proceedings are not invalid only because, before the date\nof the referral, those proceedings did not comply with this Act\nor a requirement of this Act had not been complied with.\n\nYouth Justice Act 2005 82\nPart 6AA Community youth justice officers and\nmonitoring\n140AA Community youth justice officers\n(1) The CEO may appoint a public sector employee to be a community\nyouth justice officer.\n(2) A community youth justice officer:\n(a) has the following functions:\n(i) to prepare reports for the Court as required;\n(ii) to supervise a youth who is the subject of supervision\nunder a non-custodial order;\n(iii) to monitor the compliance of a youth who is the subject\nof a monitoring order with the conditions of the order;\n(iv) other duties as directed by a court or the CEO;\n(v) any other functions conferred by this or any other Act;\nand\n(b) has the powers necessary to perform those functions and any\nother powers conferred by this or any other Act.\n(3) The CEO may exercise the powers and perform the functions of a\ncommunity youth justice officer conferred by this or any other Act.\nnon-custodial order means any of the following:\n(a) a monitoring order;\n(b) a community work order;\n(c) any other order made under this Act or the Sentencing\nAct 1995 that requires a youth to be supervised.\n\nYouth Justice Act 2005 83\n140AB Approval of monitoring devices\nThe CEO may approve a monitoring device for use to monitor the\nlocation and activities of youth who are subject to monitoring\norders.\n140AC Direction by community youth justice officer\n(1) A community youth justice officer may give a youth who is subject\nto a monitoring order any reasonable direction that the officer\nconsiders appropriate.\n(2) The direction may be about a matter dealt with in the youth's\nmonitoring order, but the direction must not contradict the\nconditions of the order.\n(3) A failure by a youth to comply with the direction is taken to be a\nbreach of the conditions of the monitoring order.\n140AD CEO may direct use of approved monitoring device\nThe CEO may direct a youth who is subject to a monitoring order to\nsubmit to the use of an approved monitoring device (including its\nattachment to the youth) to monitor the youth's compliance with the\norder.\n140AE Compliance with monitoring order\n(1) This section applies in relation to a youth who is subject to a\nmonitoring order.\n(2) A community youth justice officer may do one or more of the\n(a) enter the approved residence;\n(b) search the approved residence;\n(c) search the youth;\n(d) place on, or attach to, the youth an approved monitoring\ndevice;\n(e) at the approved residence, do either or both of the following:\n(i) install an approved monitoring device and related\nequipment;\n(ii) inspect or remove any installed device or equipment.\n\nYouth Justice Act 2005 84\n(3) A community youth justice officer may exercise the power\nmentioned in subsection (2)(e)(ii) after the monitoring order has\nexpired in order to remove a device or related equipment.\napproved residence, for a youth who is subject to a monitoring\norder, means the place at which the youth is required under the\norder to reside.\nrelated equipment means a thing used in connection with the\neffective operation of an approved monitoring device.\n140AF Prescribed alcohol/drug tests\n(1) A community youth justice officer may direct a youth who is subject\nto a monitoring order to submit to:\n(a) a prescribed alcohol/drug test to detect the presence, or\nascertain the concentration of, alcohol in the youth's body if\nthe youth is prohibited under the order from consuming\nalcohol; or\n(b) a prescribed alcohol/drug test to detect the presence, or\nascertain the concentration of, a restricted drug in the youth's\nbody if the youth is prohibited under the order from using a\nrestricted drug.\n(2) If a youth is required under this Division to submit to a prescribed\nalcohol/drug test, the youth must:\n(a) give to a prescribed sampler, or allow a prescribed sampler to\ntake, (as the case requires) a sample of breath or a bodily\nsubstance that is sufficient for the purposes of the test; and\n(b) comply with any reasonable direction of the sampler.\nNote for subsection (2)\nTampering with a sample may constitute an offence against section 140AG.\n(3) If a youth does not submit to a test as required under\nsubsection (2):\n(a) the prescribed sampler may take the required sample without\nthe youth's consent; and\n\nYouth Justice Act 2005 85\n(b) a police officer may assist to enable the test to be conducted,\nincluding by doing either or both of the following:\n(i) taking the youth to a place where the required sample\ncan be taken;\n(ii) assisting a prescribed sampler to obtain the required\nsample.\n(4) In providing the assistance, the police officer may use the force that\nis reasonably necessary.\nNote for subsection (4)\n(5) A sample of breath or a bodily substance given or taken for a\nprescribed alcohol/drug test is the property of the Territory.\n(6) Regulations may prescribe one or more of the following:\n(a) alcohol/drug tests for use under this Division;\n(b) persons who are prescribed samplers for a prescribed\nalcohol/drug test;\n(c) matters in relation to the carrying out of a prescribed\nalcohol/drug test.\nalcohol/drug test means a test under which a sample of a person's\nbreath, blood, saliva, urine or another bodily substance is tested or\nanalysed to detect the presence, or ascertain the concentration of,\nalcohol or a restricted drug.\n140AG Tampering with test samples\nA person commits an offence if the person tampers with a sample\nof breath or a bodily substance given or taken for the purposes of a\nprescribed alcohol/drug test.\n140AH Evidentiary matters in relation to prescribed alcohol/drug tests\n(1) This section applies for the purposes of legal proceedings arising\nout of the operation of this Act in which the carrying out or results of\na prescribed alcohol/drug test are relevant.\n\nYouth Justice Act 2005 86\n(2) If a prescribed alcohol/drug test detects:\n(a) the presence of alcohol in a sample of a youth's breath; or\n(b) the presence of alcohol or a restricted drug in a youth's body;\nthe youth is taken to have consumed or used alcohol or the drug,\nunless the contrary is proved.\n(3) A certificate signed by a prescribed certifier stating matters relating\nto a certifiable matter is evidence of the matters stated in the\ncertificate and the facts on which they are based.\ncertifiable matter, for a prescribed certifier, means a matter\nrelating to a prescribed alcohol/drug test that is specified in the\nregulations as a matter in relation to which the certifier may issue\nan evidentiary certificate.\nprescribed certifier means a person prescribed by regulation as a\nperson who may issue an evidentiary certificate.\n","sortOrder":147},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Responsible care and supervision within the","content":"Part 6A Responsible care and supervision within the\nfamily\n","sortOrder":148},{"sectionNumber":"140A","sectionType":"section","heading":"Definitions","content":"140A Definitions\nappropriate Agency means an Agency to which the Minister has\nassigned the administrative responsibilities of an appropriate\nAgency under this Part.\nauthorised officer means:\n(a) the person for the time being responsible for administering an\nappropriate Agency (whether described as the chief executive\nofficer or in some other way); or\n(b) any other person authorised by an appropriate Agency to act\non behalf of the Agency under this Part.\nparent, of a youth, includes a person who is, in relation to the\nyouth, a responsible adult.\n\nYouth Justice Act 2005 87\n","sortOrder":149},{"sectionNumber":"140B","sectionType":"section","heading":"Guiding principles","content":"140B Guiding principles\n(1) For the purposes of this Part, the best interests of the youth are to\nbe treated as the paramount consideration.\n(2) Agencies with responsibilities related to the welfare of a youth must\nwork together cooperatively and effectively to help parents:\n(a) safeguard and promote the wellbeing of the youth; and\n(b) exercise appropriate control over the behaviour of the youth;\nand\n(c) comply with any relevant family responsibility agreement.\n","sortOrder":150},{"sectionNumber":"140C","sectionType":"section","heading":"How Agency acts for the purposes of this Act","content":"140C How Agency acts for the purposes of this Act\n(1) An appropriate Agency acts for the purposes of this Act through an\nauthorised officer.\n(2) An appropriate Agency must issue to each of the Agency's\nauthorised officers an identity card certifying the officer's authority\nto act on behalf of the Agency under this Act.\n140CA Relationship of this Part to Court powers\nThis Part does not affect any power the Court otherwise has under\nthis Act to deal with a youth.\n","sortOrder":151},{"sectionNumber":"140D","sectionType":"section","heading":"Power to enter into family responsibility agreement","content":"140D Power to enter into family responsibility agreement\nAn appropriate Agency may enter into a family responsibility\nagreement with a parent, or the parents, of a youth if:\n(a) the youth has demonstrated behavioural problems; and\nExamples\n1 Criminal behaviour.\n2 Persistent truancy.\n3 Anti-social behaviour.\n(b) the youth's family circumstances may have caused, or\ncontributed to, the behavioural problems; and\n(c) the Agency is of the opinion that the agreement may assist to\nresolve the problems.\n\nYouth Justice Act 2005 88\n","sortOrder":152},{"sectionNumber":"140E","sectionType":"section","heading":"Family responsibility agreement","content":"140E Family responsibility agreement\n(1) A family responsibility agreement may provide as follows:\n(a) it may require a parent to undertake counselling or therapy\ndirected at helping the parent to overcome addictive,\ndestructive or damaging behaviour;\n(b) it may require a parent to:\n(i) undertake counselling to provide guidance in the\neffective discharge of the parent's parental\nresponsibilities; or\n(ii) join and participate in the activities of an appropriate\nsupport group; or\n(iii) undertake any other relevant course or program of\npersonal development (including, if appropriate, a\nresidential course or program);\n(c) it may require a parent to exercise proper care and\nsupervision of the youth and, in particular, to take all\nreasonable steps to ensure that:\n(i) the youth attends school; and\n(ii) the youth keeps away from, and avoids contact with,\npersons named or described in the agreement; and\n(iii) the youth keeps away from places described in the\nagreement;\n(d) it may contain any other provisions, relevant to the effective\ncare and supervision of the youth, that are agreed between\nthe parties.\n(2) A family responsibility agreement remains in force for a term stated\nin the agreement but the term cannot:\n(a) exceed 12 months; or\n(b) extend beyond the date on which the youth turns 18.\n\nYouth Justice Act 2005 89\n(3) Before entering into a family responsibility agreement, the\nappropriate Agency must:\n(a) ensure facilities and services reasonably required by the\nparent or parents to comply with the agreement are\nreasonably available to the parent or parents in the relevant\nregion; and\n(b) consider the following:\n(i) the circumstances of the youth's family and the likely\neffect of the agreement on the family;\n(ii) whether the youth, or a parent of the youth, suffers from\na physical or mental disability or condition that causes or\ncontributes to the youth's behavioural problems;\n(iii) the outcome of any inquiry under Division 3; and\n(c) ensure procedures are in place for the family responsibility\nagreement to be regularly reviewed to assess the parent's or\nparents' compliance and capacity to comply with it.\n","sortOrder":153},{"sectionNumber":"140F","sectionType":"section","heading":"Family responsibility agreement not to give rise to enforceable","content":"140F Family responsibility agreement not to give rise to enforceable\nobligations\n(1) A family responsibility agreement does not give rise to enforceable\nobligations.\n(2) Despite subsection (1), a failure of a parent to comply with a family\nresponsibility agreement is information that may raise concerns\nabout a child's wellbeing for the purposes of section 32 of the Care\nand Protection of Children Act 2007.\n","sortOrder":154},{"sectionNumber":"140G","sectionType":"section","heading":"Inquiries into family circumstances","content":"140G Inquiries into family circumstances\n(1) The Court may, on application, conduct an inquiry into the family\ncircumstances of a youth:\n(a) where a parent, or the parents, of the youth have entered into\na family responsibility agreement but the youth has continued\nto exhibit behavioural problems; or\n(b) where a parent or the parents of the youth have been invited\nto enter into a family responsibility agreement but have not\ndone so; or\n\nYouth Justice Act 2005 90\n(c) where a parent or the parents of the youth have entered into a\nfamily responsibility agreement but have not complied with its\nterms; or\n(d) where the youth has been charged with an offence or has\nbreached a condition of bail.\n(2) The application:\n(a) if based on subsection (1)(a), (b) or (c) – must be made by an\nappropriate Agency; and\n(b) if based on subsection (1)(d) – must be made by a member of\nthe police force.\n(3) For the purposes of the inquiry:\n(a) the Court may issue a summons requiring the youth, a parent\nor parents of the youth, or any other person who may be able\nto assist the Court in conducting the inquiry, to appear before\nthe court at a specified time and place; and\n(b) if a person fails to appear as required by the summons, the\nCourt may issue a warrant to have the person arrested and\nbrought before the Court.\n(4) The Chief Judge may make rules of Court, or issue practice\ndirections, regulating the practice and procedure of the Court on an\ninquiry under this Division.\n","sortOrder":155},{"sectionNumber":"140H","sectionType":"section","heading":"General provisions about inquiry","content":"140H General provisions about inquiry\n(1) The purpose of an inquiry under this Part is to ascertain:\n(a) whether unstable or otherwise unsatisfactory family\ncircumstances might have caused or contributed to the youth's\nbehavioural problems; and\n(b) if so, whether the situation is likely to be improved by a family\nresponsibility agreement.\n(2) The Court is not bound by the rules of evidence in conducting an\ninquiry under this Part and may inform itself in any way it considers\nappropriate.\n\nYouth Justice Act 2005 91\n","sortOrder":156},{"sectionNumber":"Part 7","sectionType":"part","heading":"Reconsideration and review of sentences and","content":"Part 7 Reconsideration and review of sentences and\nappeals\n","sortOrder":157},{"sectionNumber":"141","sectionType":"section","heading":"Reconsideration of sentence","content":"141 Reconsideration of sentence\n(1) This section applies if the Court finds a youth guilty of a charge and\nan order is made in relation to the youth or a responsible adult in\nrespect of the youth.\n(2) The Court may reconsider the order on application by:\n(a) the youth or a person on behalf of the youth; or\n(b) if the order is in relation to a responsible adult – the\nresponsible adult.\n(3) An application for reconsideration may be made at any time.\n(4) If an application for reconsideration relates to a sentence of\ndetention or imprisonment, the Court may, upon application by or\non behalf of the youth, release the youth on bail before it hears the\napplication for reconsideration.\n(5) The Court must notify the applicant, and all other parties, of the\nplace, date and time for the hearing of the application.\n(6) After the hearing of the application, the Court may:\n(a) confirm or vary the order; or\n(b) revoke the order and deal with the youth under section 83 as if\nit had just found him or her guilty of the relevant offence or\n(7) An appeal lies to the Supreme Court from any order made by the\nYouth Justice Court under this section.\n(8) The making of an application under this section does not prevent a\nperson making another application under this section.\n","sortOrder":158},{"sectionNumber":"142","sectionType":"section","heading":"Review of sentencing orders","content":"142 Review of sentencing orders\n(1) This section applies if the Court is satisfied, on an application by the\nyouth, a person on behalf of the youth, the appropriate authority or\na prosecutor:\n(a) that circumstances, including those of the youth, have\nmaterially changed and as a result the youth will not be able to\ncontinue to comply with an order or a condition or continuing\nobligation; or\n\nYouth Justice Act 2005 92\n(b) that the youth is no longer complying with, or is no longer\nwilling to comply with, an order or a condition or continuing\nobligation.\n(2) The Court may do any of the following:\n(a) discharge the order;\n(b) confirm or vary the order;\n(c) revoke the order and deal with the youth under section 83 as if\nit had just found him or her guilty of the relevant offence or\n(3) In determining how to deal with the youth under subsection (2), the\nCourt must take into account the extent to which the youth had\ncomplied with the order or conditions or continuing obligation before\nthe application was made.\n(4) If the order the Court is reviewing is a community work order, the\ngrounds for reviewing such an order include the following:\n(a) that the youth is in custody on a charge for another offence;\n(b) that the youth's behaviour is such that the carrying out of the\nterms of the order is impracticable;\n(c) that the operation of the order offends other persons.\n(5) In dealing with a youth under this section, the Court must not\n(6) An appeal lies to the Supreme Court from any order made by the\nYouth Justice Court under subsection (2).\n(7) If an application is made by or on behalf of the youth under this\nsection, the Court must cause notice of the application, and of the\ntime and place fixed for the hearing, to be given to the appropriate\nauthority.\n(8) If an application is made by the appropriate authority or a\nprosecutor under this section, notice of the application must be\ngiven to the youth.\n(9) If the youth does not attend the hearing of the application, the Court\nmay issue a warrant for the arrest of the youth.\n\nYouth Justice Act 2005 93\n","sortOrder":159},{"sectionNumber":"143","sectionType":"section","heading":"Court may re-open proceeding to correct sentencing errors","content":"143 Court may re-open proceeding to correct sentencing errors\n(1) The Court may re-open proceedings if the Court has:\n(a) imposed a sentence on a youth that is not in accordance with\nthe law; or\n(b) failed to impose a sentence that the Court legally should have\nimposed.\n(2) If the Court re-opens proceedings:\n(a) it must give the parties an opportunity to be heard; and\n(b) it may impose a sentence that is in accordance with the law;\nand\n(c) it may amend any relevant conviction or order to the extent\nnecessary to take into account the sentence imposed under\nparagraph (b).\n(3) The Court may re-open proceedings:\n(a) on its own initiative at any time; or\n(b) on an application by the youth, a person on behalf of the\nyouth, the appropriate authority or a prosecutor made not later\nthan 28 days after the day the sentence was imposed.\n(4) An application may be made at any time for leave to apply for a\nre-opening of proceedings after the expiry of the time referred to in\nsubsection (3)(b).\n(5) Subject to subsection (6), this section does not affect any right of\nappeal.\n(6) For the purposes of an appeal under any Act against a sentence\nimposed under subsection (2)(b), the time within which the appeal\nmust be made starts from the day the sentence is imposed under\nsubsection (2)(b).\n(7) This section applies to a sentence imposed, or required to be\nimposed, whether before or after the commencement of this\nsection.\n\nYouth Justice Act 2005 94\n","sortOrder":160},{"sectionNumber":"144","sectionType":"section","heading":"Appeal to Supreme Court","content":"144 Appeal to Supreme Court\n(1) An appeal lies to the Supreme Court from a finding of guilt,\nconviction, order or adjudication made by the Youth Justice Court\nunder:\n(a) this Act; or\n(b) any other Act in force in the Territory.\n(2) An appeal under this section must be:\n(a) made in accordance with the Supreme Court Rules 1987; and\n(b) heard by a single Supreme Court Judge.\n(3) The provisions of the Local Court (Criminal Procedure) Act 1928\nrelating to appeals from the Local Court apply, with the necessary\nchanges, to an appeal under subsection (1).\n(4) Sections 61, 63 and 123 apply in relation to an appeal under this\nsection as though a reference in those sections to the Court were a\nreference to the Supreme Court.\n","sortOrder":161},{"sectionNumber":"145","sectionType":"section","heading":"Appeal operates as stay","content":"145 Appeal operates as stay\nAn appeal under section 144 operates as a stay of execution or of\nproceedings under the finding of guilt, conviction, order or\nadjudication appealed against.\n","sortOrder":162},{"sectionNumber":"146","sectionType":"section","heading":"Single Judge may refer appeal to Full Court","content":"146 Single Judge may refer appeal to Full Court\nThis Part does not affect the power of a Supreme Court Judge to\nrefer an appeal to be heard by the Full Court of the Supreme Court.\n","sortOrder":163},{"sectionNumber":"147","sectionType":"section","heading":"Powers of Supreme Court on appeal","content":"147 Powers of Supreme Court on appeal\nIf the Supreme Court hears an appeal against a decision of the\nYouth Justice Court, it may exercise the same powers and make\nany order that could be exercised or made by the Youth Justice\nCourt under this Act or any other Act in force in the Territory.\n\nYouth Justice Act 2005 95\n","sortOrder":164},{"sectionNumber":"147A","sectionType":"section","heading":"Functions of CEO","content":"147A Functions of CEO\nThe CEO is responsible for the overall control and management of:\n(a) detention centres; and\n(b) detainees.\n","sortOrder":165},{"sectionNumber":"147B","sectionType":"section","heading":"Powers of CEO","content":"147B Powers of CEO\n(1) The CEO has the powers necessary to perform the CEO's functions\nunder this Act.\n(2) Without limiting subsection (1), the CEO may do anything the CEO\nconsiders appropriate in order to maintain the good order and\nsecurity of detention centres and detainees.\n(3) The CEO may also exercise the powers and perform the functions\nof a superintendent of a detention centre conferred by this Act.\n","sortOrder":166},{"sectionNumber":"147C","sectionType":"section","heading":"Assistance to deal with or prevent emergency or escape","content":"147C Assistance to deal with or prevent emergency or escape\n(1) The CEO may request assistance from the Commissioner of\nCorrectional Services, the Commissioner of Police or both under\nthis section if:\n(a) the CEO is satisfied that an emergency situation exists or\nthere is a risk of an emergency situation arising; or\n(b) a detainee has escaped from lawful detention and the CEO\nrequires assistance to do either of the following:\n(i) search for the detainee;\n(ii) return the detainee to lawful detention.\n(2) The Commissioner of Police may arrange for police officers to\nassist the CEO if assistance is requested under subsection (1) and,\nwithout limiting the powers of police officers under this or any other\nAct or the common law, those police officers may exercise the\npowers and perform the functions of a superintendent of a detention\ncentre under section 151(3)(c) in providing that assistance.\n(3) The Commissioner of Correctional Services may arrange for\ncorrectional officers to assist the CEO if assistance is requested\n\nYouth Justice Act 2005 96\nunder subsection (1) and, without limiting the powers of correctional\nofficers under this or any other Act or the common law, those\ncorrectional officers may exercise the powers and perform the\nfunctions of a superintendent of a detention centre under\nsections 151(3)(c) and 167(1) in providing that assistance.\n(4) Despite section 10(1)(b)(iv), a police officer or correctional officer\nassisting the CEO under this section is not required to hold the\nqualification mentioned in that provision to use force under this Act.\n(5) A correctional officer providing assistance under this section who is\na correctional services dog handler may use a correctional services\ndog in providing that assistance if the handler considers it\nappropriate to do so.\n(6) The handler may permit the dog to use force against a person only\nif:\n(a) the handler could lawfully use force against the person; and\n(b) the handler considers the use of force by the dog is\nreasonably necessary.\ncorrectional officer, see section 4 of the Correctional Services\nAct 2014.\ncorrectional services dog, see section 4 of the Correctional\nServices Act 2014.\ncorrectional services dog handler, see section 35(1)(b) of the\nCorrectional Services Act 2014.\n","sortOrder":167},{"sectionNumber":"148","sectionType":"section","heading":"Approval of youth detention centres","content":"148 Approval of youth detention centres\nThe Minister may approve an establishment to be a youth detention\ncentre for this Act.\n","sortOrder":168},{"sectionNumber":"149","sectionType":"section","heading":"Admission to detention centre","content":"149 Admission to detention centre\n(1) A youth must not be admitted to a detention centre except in\naccordance with this Act.\n\nYouth Justice Act 2005 97\nadmitted to, in relation to a detention centre, does not include\ntaken in as a visitor, member of the detention centre staff, worker,\ncontractor or similar.\n","sortOrder":169},{"sectionNumber":"150","sectionType":"section","heading":"Explanation of rights and responsibilities","content":"150 Explanation of rights and responsibilities\n(1) As soon as practicable after a youth is admitted to a detention\ncentre, he or she must be given an explanation of the rules of the\ncentre and his or her rights and responsibilities as a detainee.\n(2) The explanation must be given in a language and manner the youth\nis likely to understand, having regard to the youth's age, health,\nmaturity, cultural background and English language skills.\n(3) Any action taken is not unlawful only because of a failure to comply\nwith this section.\n(4) For subsection (1), an explanation of the rights and responsibilities\nof a detainee must include:\n(a) information about the consequences of breaching the rules of\nthe detention centre; and\n(b) information about the procedure for making a complaint.\n(5) The superintendent of the detention centre must take all reasonable\nsteps to ensure this section is complied with.\n","sortOrder":170},{"sectionNumber":"151","sectionType":"section","heading":"Superintendent of detention centre","content":"151 Superintendent of detention centre\n(1) The CEO must appoint a public sector employee to be the\nsuperintendent for a detention centre.\n(2) The superintendent of a detention centre is responsible, as far as\npracticable, for the physical, psychological and emotional welfare of\ndetainees in the detention centre.\n(3) The superintendent of a detention centre:\n(a) must promote programs to assist and organise activities of\ndetainees to enhance their wellbeing; and\n(b) must encourage the social development and improvement of\nthe welfare of detainees; and\n\nYouth Justice Act 2005 98\n(c) must maintain order and ensure the safe custody and\nprotection of all persons who are within the precincts of the\ndetention centre, whether as detainees or otherwise; and\n(d) is responsible for the maintenance and efficient conduct of the\ndetention centre; and\n(e) must supervise the health of detainees, including the provision\nof medical treatment and, where necessary, authorise the\nremoval of a detainee to a hospital for medical treatment.\n","sortOrder":171},{"sectionNumber":"152","sectionType":"section","heading":"Powers of superintendent","content":"152 Powers of superintendent\n(1) The superintendent of a detention centre has the powers that are\nnecessary or convenient for the performance of his or her functions.\n(2) The superintendent has power to approve the participation of a\ndetainee in programs conducted in accordance with section 151 in\nplace of consent by a parent or responsible adult in respect of the\n(3) The powers and functions of the superintendent of a detention\ncentre in relation to a detainee are not altered or diminished by the\nfact that the detainee may be outside the precincts of, or absent\nfrom, the detention centre.\n","sortOrder":172},{"sectionNumber":"153","sectionType":"section","heading":"Prohibited actions","content":"153 Prohibited actions\n(1) The superintendent of a detention centre:\n(a) must not take an action mentioned in subsection (2); and\n(b) must take reasonable steps to ensure that a member of the\nstaff of the detention centre does not take an action mentioned\nin subsection (2).\n(2) Each of the following actions is prohibited in relation to a detainee:\n(a) the use of force, except:\n(i) under section 154 or another provision of this Act; and\n(ii) in accordance with section 10;\n(b) the use of a restraint, except a permitted restraint that is used\nin accordance with section 155;\n(c) the use of force or a restraint for the purpose of disciplining a\n\nYouth Justice Act 2005 99\n(d) the use of any form of physical, verbal or emotional abuse,\nincluding the following:\n(i) the administering of corporal punishment, that is, any\naction which inflicts, or is intended to inflict, physical pain\nor discomfort on the detainee;\n(ii) any act or omission intended to degrade or humiliate the\n(iii) excessive control over the detainee's access to basic\nhuman needs, including toilet facilities, food and clean\ndrinking water;\n(e) the use of any form of psychological pressure intended to\nintimidate or humiliate the detainee;\n(f) any kind of unlawful discriminatory treatment.\n","sortOrder":173},{"sectionNumber":"154","sectionType":"section","heading":"Use of force","content":"154 Use of force\n(1) The superintendent of a detention centre or a person authorised by\nthe superintendent may use force if the superintendent or\nauthorised person believes on reasonable grounds that force is\nnecessary to:\n(a) prevent a risk of a detainee:\n(i) inflicting self-harm; or\n(ii) harming another person; or\n(iii) damaging property; or\n(iv) escaping from lawful detention; or\n(b) prevent a detainee from engaging in conduct that would:\n(i) endanger the safety of any person who is within the\nprecincts of the detention centre, including the detainee;\nor\n(ii) threaten the good order or security of the detention\nNotes for subsection (1)\n1 See section 10 in relation to the use of force.\n2 See section 152(3) in relation to the powers of a superintendent of a\ndetention centre when a detainee is outside the precincts of, or absent\nfrom, the detention centre.\n\nYouth Justice Act 2005 100\n3 Other provisions of this Act also provide for the use of force.\n(2) If the superintendent or authorised person uses force on a\ndetainee, the superintendent must:\n(a) ensure the detainee is given an opportunity to be examined by\na medical practitioner, nurse or midwife after the use of force;\nand\n(b) if the detainee requires medical attention after the use of\nforce – ensure the detainee is examined as soon as\npracticable by a medical practitioner, nurse or midwife; and\n(c) keep notes of a medical examination under this subsection.\n","sortOrder":174},{"sectionNumber":"155","sectionType":"section","heading":"Use of restraint devices","content":"155 Use of restraint devices\n(1) The Regulations may prescribe a device that may be used to\nrestrain a detainee.\n(2) The superintendent of a detention centre or a person authorised by\nthe superintendent may appropriately use a permitted restraint on a\ndetainee if the superintendent or authorised person believes on\nreasonable grounds that restraint is necessary to:\n(a) prevent a risk of the detainee:\n(i) inflicting self-harm; or\n(ii) harming another person; or\n(iii) damaging property; or\n(iv) escaping, or attempting to escape, from lawful detention;\nor\n(b) prevent the detainee from engaging in conduct that would:\n(i) endanger the safety of any person who is within the\nprecincts of the detention centre, including the detainee;\nor\n(ii) threaten the good order or security of the detention\ncentre; or\n(c) conduct a search of a detainee under section 161; or\n(d) arrest a detainee under section 167(1); or\n(e) take a detainee to a detention centre or another place under\nsection 167A.\n\nYouth Justice Act 2005 101\n(2A) The superintendent of a detention centre or a person authorised by\nthe superintendent may also appropriately use a permitted restraint\non a detainee when escorting the detainee outside a detention\n(2B) The superintendent or person authorised by the superintendent\nmay use the force that is reasonably necessary to appropriately use\nthe permitted restraint.\nNote for subsection (2B)\nappropriately use means using a restraint:\n(a) in the least restrictive or invasive way reasonable in the\ncircumstances; and\n(b) for the amount of time reasonable in the circumstances; and\n(c) in accordance with a determination made by the CEO under\nthe Regulations in relation to the use of permitted restraints.\n","sortOrder":175},{"sectionNumber":"156","sectionType":"section","heading":"Detainee's right to be heard","content":"156 Detainee's right to be heard\n(1) The superintendent of a detention centre must ensure that a\ndetainee is given the right to be heard in relation to any actions that\nare to be taken in respect of the detainee under section 154, 155,\n158E or 158F..\n(2) The right to be heard may be limited or postponed for reasons of\npracticality or in emergency situations.\n","sortOrder":176},{"sectionNumber":"157","sectionType":"section","heading":"Delegation by superintendent","content":"157 Delegation by superintendent\nThe superintendent of a detention centre may delegate in writing\nany of the superintendent's powers and functions under this Act to:\n(a) a member of the staff of the detention centre; or\n(b) a person authorised by the CEO for section 165(b).\n\nYouth Justice Act 2005 102\n","sortOrder":177},{"sectionNumber":"158","sectionType":"section","heading":"Register of detainees","content":"158 Register of detainees\n(1) The superintendent of a detention centre must keep a register\ncontaining the following particulars in relation to every detainee in\nthe detention centre to the extent the particulars are reasonably\nascertainable by the superintendent:\n(a) the name, age, place of birth and religion (if any) of the\n(b) the names and addresses of the responsible adults in respect\nof the detainee who, immediately before the detention of the\ndetainee in the detention centre, had the custody of the\n(c) the date on which the detainee was admitted to, and the date\non which he or she was released or transferred from, the\ndetention centre;\n(d) any other particulars prescribed by the Regulations.\n(2) If a detainee is absent from the detention centre for a period without\nbeing discharged from custody, the register must also contain the\nfollowing information in relation to him or her:\n(a) the time and date the detainee departed the detention centre;\n(b) the reason for the absence from the detention centre;\n(c) the name and address of the person in whose care and\ncustody the detainee was placed for the period of the absence\nand that person's relationship (if any) to the detainee;\n(d) the time and date the detainee returned to the detention\ncentre;\n(e) if different from the person in paragraph (c) – the name and\naddress of the person who delivered the detainee back to the\ndetention centre and that person's relationship (if any) to the\n(3) A register may be kept in any form and on any medium that the\nCEO considers appropriate.\n\nYouth Justice Act 2005 103\n","sortOrder":178},{"sectionNumber":"158A","sectionType":"section","heading":"Register of use of permitted restraints","content":"158A Register of use of permitted restraints\n(1) The superintendent of a detention centre must keep a register\ncontaining the following particulars in relation to the use of\npermitted restraints:\n(a) the name of the detainee who was restrained;\n(b) the particular permitted restraint that was used;\n(c) the circumstances in which the permitted restraint was used;\n(d) the period for which the permitted restraint was used,\nincluding the date and time at which the restraint was applied\nand the date and time at which the restraint was removed;\n(e) if the restraint was used under section 155(2) – details of any\nassessment made during the period for which the restraint\nwas in use, including:\n(i) the time the assessment was made; and\n(ii) the outcome of the assessment; and\n(iii) the reasons for that outcome;\n(f) the name of the person who used the permitted restraint;\n(g) any medical attention that was required due to the use of the\npermitted restraint;\n(h) any other particulars prescribed by the Regulations.\n(2) A register may be kept in any form and on any medium that the\nCEO considers appropriate.\nassessment means an assessment as to whether:\n(a) the restraint can be removed; or\n(b) the restraint is still necessary.\n","sortOrder":179},{"sectionNumber":"158B","sectionType":"section","heading":"Separation in accordance with this Division","content":"158B Separation in accordance with this Division\nA detainee may be separated from other detainees in a detention\ncentre only in accordance with this Division.\n\nYouth Justice Act 2005 104\n","sortOrder":180},{"sectionNumber":"158C","sectionType":"section","heading":"Operational matters","content":"158C Operational matters\nA detainee is not considered to have been separated from other\ndetainees in a detention centre:\n(a) when the detainee is securely accommodated:\n(i) in the detainee's room overnight; or\n(ii) during a reasonable and necessary lockdown period at\nthe detention centre; or\n(iii) during an emergency situation; or\n(b) when it is, in the opinion of the superintendent, reasonably\nrequired having regard to the age or gender of the detainee; or\n(c) when the detainee is attending medical treatment, an\neducational or work program or a recreational activity; or\n(d) when the detainee is being escorted or moved within the\ndetention centre; or\n(e) in another circumstance prescribed by regulation.\n","sortOrder":181},{"sectionNumber":"158D","sectionType":"section","heading":"Voluntary separation","content":"158D Voluntary separation\ncentre if the detainee requests the separation.\n(2) As soon as practicable after a detainee is separated under this\n(3) If a detainee is separated under this section, members of staff of\nthe detention centre must have contact with the detainee at least\nonce every hour during the separation.\n(4) If a detainee who is separated under this section requests to be\nreleased from separation, the detainee must be released from\nseparation immediately.\n(5) The superintendent may withdraw an authorisation under\nsubsection (1) if the superintendent considers that separation is no\nlonger appropriate.\n\nYouth Justice Act 2005 105\n","sortOrder":182},{"sectionNumber":"158E","sectionType":"section","heading":"Medical separation","content":"158E Medical separation\ncentre if:\n(a) a medical practitioner advises the superintendent that:\n(i) the detainee is suffering from an infectious disease; and\n(ii) separation is reasonably necessary to mitigate the risk to\nthe health of other detainees; or\n(b) the superintendent believes on reasonable grounds that:\n(i) the detainee is suffering from an infectious disease; and\n(ii) separation is reasonably necessary to mitigate the risk to\nthe health of other detainees.\n(2) The superintendent must report the separation of a detainee under\nthis section to the CEO as soon as reasonably practicable after the\nseparation occurs.\n(3) A detainee separated under subsection (1)(b) must be examined by\na medical practitioner as soon as practicable after the detainee is\nseparated under that provision.\n(4) As soon as practicable after a detainee is separated under this\n(5) If a detainee is separated under this section:\n(a) members of the staff of the detention centre must have\nregular, ongoing contact with the detainee for the purpose of\nmonitoring the physical and mental health and wellbeing of the\n(b) if it is safe and reasonably practicable to do so, the detainee\nmust be permitted to have contact with the following:\n(i) one or more family members;\n(ii) a medical practitioner;\n(iii) a counsellor or psychologist;\n(iv) a case worker;\n\nYouth Justice Act 2005 106\n(v) a legal practitioner;\n(vi) an adult nominated by the detainee; and\n(c) the detainee must be given access to the following:\n(i) basic human necessities including toilets, food, clean\ndrinking water, showers and sunlight;\n(ii) if it is safe to do so, education, education materials and\nappropriate recreation materials, including reading\nmaterials; and\n(d) if the period of separation exceeds 3 hours and it is safe to do\nso – the detainee must be given access to outdoor exercise or\nrecreation for at least 15 minutes of every 3 hours between\n8 am and 6 pm.\n(6) A detainee must be released from separation under this section in\nthe following circumstances:\n(a) on the direction of a medical practitioner;\n(b) if the superintendent no longer believes separation is\nreasonably necessary.\nNote for section 158E\nUnder section 174, the superintendent of a detention centre is required to comply\nwith the direction of a medical practitioner in relation to the health of a detainee.\n","sortOrder":183},{"sectionNumber":"158F","sectionType":"section","heading":"Behavioural separation","content":"158F Behavioural separation\ncentre if:\n(a) the superintendent believes on reasonable grounds that\nseparation is reasonably necessary for the detainee's\nprotection or the protection of another person or property; and\n(b) either:\n(i) all reasonable behavioural or therapeutic measures to\nresolve the situation have been attempted and those\nmeasures have failed to resolve the situation; or\n(ii) an emergency situation exists; and\n(c) no other course of action is reasonably practicable.\n\nYouth Justice Act 2005 107\n(2) The superintendent must report the separation of a detainee under\nthis section to the CEO and the Children's Commissioner as soon\nas reasonably practicable after the separation occurs.\n(3) The superintendent must not authorise the separation of a detainee\nunder this section for a period exceeding 12 hours without the\nCEO's approval and, if the period exceeds 12 hours, the CEO's\napproval must be given in respect of each successive 12 hour\nperiod.\n(4) A detainee must not be separated under this section for more than\n72 consecutive hours.\n(5) As soon as practicable after a detainee is separated under this\n(6) A detainee must be examined by a medical practitioner within a\nreasonable time either before or after separation under this section\nunless it is not safe to do so.\n(7) If a detainee is separated under this section:\n(a) members of the staff of the detention centre must have\nregular, ongoing contact with the detainee for the purpose of\nmonitoring the physical and mental health and wellbeing of the\n(b) if it is safe and reasonably practicable to do so, the detainee\nmust be permitted to have contact with the following:\n(i) one or more family members;\n(ii) a medical practitioner;\n(iii) a counsellor or psychologist;\n(iv) a case worker;\n(v) a legal practitioner;\n(vi) an adult nominated by the detainee; and\n(c) the detainee must be given access to the following:\n(i) basic human necessities including toilets, food, clean\ndrinking water, showers and sunlight;\n\nYouth Justice Act 2005 108\n(ii) if it is safe to do so, education, education materials and\nappropriate recreation materials, including reading\nmaterials; and\n(d) if the period of separation exceeds 3 hours and it is safe to do\nso – the detainee must be given access to outdoor exercise or\nrecreation for at least 15 minutes of every 3 hours between\n8 am and 6 pm.\n(8) A detainee must be released from separation under this section if\nthe superintendent no longer believes separation is reasonably\nnecessary.\n","sortOrder":184},{"sectionNumber":"158G","sectionType":"section","heading":"Monitoring requirements","content":"158G Monitoring requirements\nThe Regulations may prescribe additional requirements for the\nmonitoring of detainees separated under this Division.\n","sortOrder":185},{"sectionNumber":"159","sectionType":"section","heading":"Sample by buccal swab","content":"159 Sample by buccal swab\n(1) The superintendent of a detention centre may direct a youth who is\ndetained for an indictable offence to provide a sample by buccal\nswab for analysis by the Commissioner of Police.\n(2) If the youth does not comply by providing a sample sufficient to\nenable an analysis of it to be carried out, a person authorised under\nsubsection (3) may take the sample or cause it to be taken.\n(3) The CEO may authorise a person for this section.\n(4) A person authorised under subsection (3):\na sufficient sample is obtained; and\n(b) is not civilly or criminally liable in relation to the use of force or\nthe taking of the sample.\nNote for subsection (4)(a)\n(5) As soon as practicable after the sample is obtained, the\nsuperintendent must deliver the sample to the Commissioner of\nPolice.\n\nYouth Justice Act 2005 109\n","sortOrder":186},{"sectionNumber":"160","sectionType":"section","heading":"Detainee may be tested for alcohol or illicit drug","content":"160 Detainee may be tested for alcohol or illicit drug\n(1) The superintendent of a detention centre may, for the purposes of\nthe management, good order or security of the detention centre,\ndirect that tests be conducted to determine whether there is any\nalcohol or illicit drug or substance present in the body of a particular\ndetainee or any of the detainees.\n(2) The superintendent may only direct that a particular detainee be\ntested under subsection (1), if the superintendent has a reasonable\nbelief that the detainee has or may have alcohol or an illicit drug or\nsubstance present in his or her body.\n(3) However, if the test is conducted as part of a random or routine\nprocedure, subsection (2) does not apply.\n(4) The CEO may authorise a person to take samples of a detainee's\nblood, breath or urine for the purpose of determining whether there\nis present in the detainee's body any alcohol or illicit drug or\nsubstance.\n(5) For subsection (4), only a medical practitioner, nurse or midwife can\nbe authorised to take a sample of a detainee's blood.\n(6) A detainee who is to be tested must provide a sufficient sample of\nhis or her blood, breath or urine to a person authorised under\nsubsection (4) to allow the determination of whether there is\npresent in the detainee's body any alcohol or illicit drug or\nsubstance.\n(7) A person authorised under subsection (4) and a member of the staff\nof the detention centre who is assisting the person:\na sufficient quantity of the detainee's blood, breath or urine is\nobtained; and\n(b) is not civilly or criminally liable in relation to the use of force or\nthe taking of the sample.\nNote for subsection (7)(a)\n","sortOrder":187},{"sectionNumber":"161","sectionType":"section","heading":"Search of detainees","content":"161 Search of detainees\n(1) The superintendent of a detention centre may direct a detainee to\nsubmit to a search only as permitted by this section.\n\nYouth Justice Act 2005 110\n(2) The superintendent of a detention centre may direct a detainee to\nsubmit to a screening search or a pat down search in the following\ncircumstances:\n(a) when the detainee is admitted to the detention centre;\n(b) on the detainee temporarily leaving, or returning to, the\ndetention centre;\n(c) on the detainee being transferred from the detention centre to\na custodial correctional facility or another detention centre;\n(d) if the superintendent believes on reasonable grounds that:\n(i) the search is necessary to ensure the safety of any\nperson who is within the precincts of the detention\ncentre, including the detainee; or\n(ii) the search is necessary to ensure the good order or\nsecurity of the detention centre; or\n(iii) the detainee possesses a prohibited thing.\nExample for subsection (2)(b)\nWhen a detainee is returned to a detention centre after an unlawful absence.\n(3) The superintendent of a detention centre may direct a detainee to\nsubmit to a personal search if:\n(a) the superintendent believes on reasonable grounds that the\nsearch is necessary to prevent a risk of harm to the detainee\nor another person; and\n(b) the detainee has already submitted to a pat down search\nunder subsection (2).\n(4) A person conducting a search of a detainee under this section may\nuse the force that is reasonably necessary to conduct the search.\nNote for subsection (4)\n(4A) The superintendent of a detention centre may confiscate a thing\nfound during a search that the superintendent believes on\nreasonable grounds is:\n(a) a prohibited thing; or\n(b) connected with an offence against this Act.\n\nYouth Justice Act 2005 111\n(5) A search of a detainee must be conducted in accordance with the\nRegulations.\n(6) In this section:\npat down search means a search conducted by feeling clothing\nfrom the outside for objects concealed in or beneath the clothing.\npersonal search means a search of a person that may include:\n(a) requiring the person to remove the person's clothes; and\n(b) an examination of the person's body (but not of the person's\nbody cavities) and of those clothes.\nprohibited thing means a thing to which one or more of the\nfollowing applies:\n(a) it is offensive, indecent, obscene, threatening or abusive;\n(b) it is a mobile communications device;\n(c) it might reasonably constitute a threat to national security;\n(d) it might reasonably constitute a threat to the safety, good\norder or security of a detention centre or a detainee;\n(e) possession of it is unlawful under a law of the Territory, the\nCommonwealth or a State;\n(f) it is reasonable to infer from possession of it, an intention to\nfacilitate, incite or use the thing in connection with an unlawful\nactivity;\n(g) it may have a detrimental influence or effect on a detainee;\n(h) if it is written – it is in a language other than English or in code,\nand is not readily translatable to English;\n(i) it is prescribed as a prohibited thing by the Regulations.\nscreening search means a search by equipment that is designed\nto carry out the search without touching the person.\n","sortOrder":188},{"sectionNumber":"162","sectionType":"section","heading":"At risk detainees","content":"162 At risk detainees\nThe superintendent of a detention centre must ensure that a\ndetainee who is considered to be at risk of self-harm is dealt with in\nthe manner prescribed in the Regulations.\n\nYouth Justice Act 2005 112\n","sortOrder":189},{"sectionNumber":"163","sectionType":"section","heading":"Complaint","content":"163 Complaint\n(1) A youth who is detained in a detention centre, or a responsible\nadult in respect of the youth, may complain about a matter that\naffects the youth.\n(2) The complaint procedure is as set out in the Regulations.\n(3) This section does not affect or limit the rights of a youth under any\nother complaint procedure, including a complaint to:\n(a) an official visitor; or\n(b) the Ombudsman.\n","sortOrder":190},{"sectionNumber":"164","sectionType":"section","heading":"Detainee who becomes an adult","content":"164 Detainee who becomes an adult\n(1) A detainee who turns 18 years of age while serving a sentence of\ndetention, or on remand in custody, in a detention centre must,\nwithin 28 days after turning that age, be transferred to a custodial\ncorrectional facility to serve the remainder of the sentence or period\nof remand.\n(2) If a detainee is transferred to a custodial correctional facility under\nsubsection (1), the order of the Court sentencing the youth to a\nperiod of detention in a detention centre is taken to be an order\nsentencing him or her to a term of imprisonment for the period\nremaining to be served under the order.\n(3) The fact that the detainee has turned 18 years of age does not\notherwise affect an order made under section 83 in respect of him\nor her.\n(4) The CEO may direct that subsection (1) does not apply in relation\nto a particular youth:\n(a) whose sentence has 6 months or less remaining to be served;\nor\n(b) if the youth is remanded in custody – for a period not\nexceeding 6 months or for the remainder of the period of\nremand (whichever is the lesser).\n(5) When deciding whether to give a direction under subsection (4), the\nCEO:\n(a) must have regard to the interests of other detainees as well as\nthe interests of the particular youth; and\n\nYouth Justice Act 2005 113\n(b) may have regard to any other matters the CEO considers\nappropriate.\n(6) A direction under subsection (4) is not subject to appeal or review in\nany court or tribunal.\n","sortOrder":191},{"sectionNumber":"165","sectionType":"section","heading":"Superintendent may permit absence from centre","content":"165 Superintendent may permit absence from centre\nThe superintendent of a detention centre may, subject to the order\nof the Court under which the detainee is detained, permit a\ndetainee to be absent from a detention centre:\n(a) for a period not exceeding 12 hours for the purposes of\nreceiving educational training or participating in arrangements\nof a social, recreational or vocational nature; or\n(b) for any period for a purpose approved by the superintendent if\nin the custody and under the supervision of:\n(i) a member of the staff of the detention centre; or\n(ii) a police officer; or\n(iii) the sheriff as defined in section 4 of the Sheriff Act 1962;\nor\n(iv) a person authorised by the CEO.\n","sortOrder":192},{"sectionNumber":"166","sectionType":"section","heading":"Early release by superintendent","content":"166 Early release by superintendent\n(1) The superintendent of a detention centre may release a detainee\nfrom the detention centre earlier than the detainee is entitled to be\nreleased in the following circumstances:\n(a) there are genuine compassionate grounds for the early\nrelease;\n(b) the early release will facilitate the return of the detainee to his\nor her place of residence or intended residence.\n(2) The detainee must not be released more than 48 hours earlier than\nhe or she would be entitled to be released but for this section.\n","sortOrder":193},{"sectionNumber":"167","sectionType":"section","heading":"Arrest of unlawfully absent detainee","content":"167 Arrest of unlawfully absent detainee\n(1) If the superintendent of a detention centre or a member of the staff\nof the centre believes on reasonable grounds that a detainee has\nescaped or is otherwise unlawfully absent from a detention centre,\nthe superintendent or member of staff may arrest the person\nwithout a warrant.\n\nYouth Justice Act 2005 114\n(2) For the purpose of exercising the power under subsection (1), the\nsuperintendent or member of staff may exercise the powers, and\nhas the immunities, of a police officer under the Police\nAdministration Act 1978.\n","sortOrder":194},{"sectionNumber":"167A","sectionType":"section","heading":"Return to custody","content":"167A Return to custody\nThe superintendent of a detention centre or a member of the staff of\nthe centre who arrests a detainee under section 167(1) must, as\nsoon as practicable, take the detainee (or arrange for the detainee\nto be taken) to:\n(a) the detention centre; or\n(b) another appropriate place.\nExamples for section 167A(b)\n1 A police station (if it is not practicable to immediately return the detainee to\nthe detention centre).\n2 A health care facility (if the detainee is sick or injured).\n167B Use of detention centre to accommodate sheriff's detainees\nThe CEO may, in accordance with an arrangement with the sheriff\nunder section 12A of the Sheriff Act 1962, agree to accommodate a\nyouth who is in the custody of the sheriff at a detention centre.\n","sortOrder":195},{"sectionNumber":"168","sectionType":"section","heading":"Inspection of detention centre","content":"168 Inspection of detention centre\n(1) The Minister or a person authorised by the Minister may enter and\ninspect a detention centre at any reasonable time.\n(2) The Minister may, in writing, authorise a person for subsection (1).\n(3) On request by the Minister or an authorised person, the\nsuperintendent of a detention centre must:\n(a) produce for inspection the register kept under section 158;\nand\n(b) give the Minister or authorised person any information in\nrelation to any detainee in the detention centre.\n(4) A person must not:\n(a) hinder the Minister or an authorised person in the exercise of\na power under subsection (1); or\n\nYouth Justice Act 2005 115\n(b) fail to comply with a requirement under subsection (3).\n400 penalty units or imprisonment for\n2 000 penalty units.\n","sortOrder":196},{"sectionNumber":"168A","sectionType":"section","heading":"Transfer of detainee to another detention centre","content":"168A Transfer of detainee to another detention centre\nThe superintendent of a detention centre may determine, as the\nsuperintendent considers appropriate, that a detainee held in a\ndetention centre is to be transferred to another detention centre.\n","sortOrder":197},{"sectionNumber":"169","sectionType":"section","heading":"Appointment of official visitors","content":"169 Appointment of official visitors\n(1) The Minister may appoint a person to be an official visitor for a\ndetention centre.\n(2) Not less than 3 official visitors must be appointed for each detention\n(3) An official visitor holds office for 3 years and is eligible for\nre-appointment.\n(4) An official visitor may resign his or her office by notice in writing to\nthe Minister.\n(5) An official visitor receives remuneration, allowances and expenses\nas determined by the Minister.\n","sortOrder":198},{"sectionNumber":"170","sectionType":"section","heading":"Functions of official visitors","content":"170 Functions of official visitors\n(1) An official visitor must inquire into the treatment and behaviour of,\nand the conditions for, detainees in the detention centre for which\nthe official visitor is appointed.\n(2) An official visitor must, as soon as practicable after each visit to a\ndetention centre, report in writing to the Minister.\n(3) If the Minister has directed that the official visitor report in relation to\na specified matter to the CEO, the official visitor must also report in\nrelation to that matter to the CEO.\n(4) The official visitor must have regard to this Act and the Regulations\nwhen he or she prepares a report for this section.\n\nYouth Justice Act 2005 116\n","sortOrder":199},{"sectionNumber":"171","sectionType":"section","heading":"Frequency of visits","content":"171 Frequency of visits\nA detention centre must be visited by an official visitor appointed for\nthat detention centre at least once every month.\n","sortOrder":200},{"sectionNumber":"172","sectionType":"section","heading":"Official visitors not to interfere","content":"172 Official visitors not to interfere\nAn official visitor must not, during or after a visit to a detention\ncentre, interfere with or give instructions to a member of the staff of\nthe detention centre regarding the management, discipline or\ntreatment of detainees.\n","sortOrder":201},{"sectionNumber":"173","sectionType":"section","heading":"Access to medical practitioner","content":"173 Access to medical practitioner\nThe superintendent of a detention centre must ensure that a\ndetainee is given access to a medical practitioner, for the purpose\nof medical consultation and treatment, on request.\n","sortOrder":202},{"sectionNumber":"174","sectionType":"section","heading":"Direction of medical practitioner","content":"174 Direction of medical practitioner\nThe superintendent of a detention centre must comply with the\ndirection of a medical practitioner in relation to the health of a\ndetainee at the centre.\n","sortOrder":203},{"sectionNumber":"175","sectionType":"section","heading":"Taking of medical sample","content":"175 Taking of medical sample\n(1) A detainee must submit to the taking of a sample of his or her blood\nor bodily secretion or excretion by a medical practitioner, nurse or\nmidwife for the purpose of determining the medical condition of the\n(2) A sample under subsection (1):\n(a) must be taken as soon as practicable after the detainee is\nadmitted to the detention centre; and\n(b) may be taken at any other time the CEO, after consultation\nwith a medical practitioner, directs.\n(3) A person taking a sample under subsection (1) and a member of\nthe staff of the detention centre who is assisting the person:\na sufficient sample of the detainee's blood or bodily secretion\nor excretion is obtained; and\n\nYouth Justice Act 2005 117\n(b) is not civilly or criminally liable in relation to the use of that\nforce or the taking of the sample.\nNote for subsection (3)(a)\n","sortOrder":204},{"sectionNumber":"176","sectionType":"section","heading":"Detainee may be required to be examined or treated","content":"176 Detainee may be required to be examined or treated\n(a) a detainee refuses to undergo a medical examination or to\nsubmit to medical treatment; and\n(b) a medical practitioner considers that the life or health of the\ndetainee, or any other detainee or person, is likely to be\nendangered or seriously affected as a result of the refusal.\n(2) The CEO may, after consulting with the medical practitioner, order\nthe detainee to undergo a medical examination or treatment that\nthe CEO considers necessary.\n(3) The detainee must be given, where practicable, the right to a\nsecond medical opinion.\n(4) An order by the CEO under subsection (2):\n(a) must be in writing; and\n(b) is sufficient authority for the examination or treatment without\nthe consent of any person being required.\n","sortOrder":205},{"sectionNumber":"177","sectionType":"section","heading":"CEO can give consent","content":"177 CEO can give consent\n(a) the consent of a parent or guardian is required for a detainee\nto receive counselling or a medical examination or treatment;\nand\n(b) after reasonable efforts the appropriate person cannot be\nlocated; and\n(c) it would, in the opinion of the CEO on medical advice, be\ndetrimental to the health of the detainee to delay.\n(2) The CEO can give the CEO's consent in place of the parent or\nguardian.\n\nYouth Justice Act 2005 118\n","sortOrder":206},{"sectionNumber":"178","sectionType":"section","heading":"Removal to hospital","content":"178 Removal to hospital\nThe superintendent of a detention centre must move a detainee\nfrom the detention centre to a hospital, in the event of illness of the\ndetainee, on the order of:\n(a) the CEO; or\n(b) a medical practitioner; or\n(c) the Court.\n","sortOrder":207},{"sectionNumber":"179","sectionType":"section","heading":"Custody of detainee in hospital","content":"179 Custody of detainee in hospital\n(1) This section applies if a detainee is moved to a hospital under\nsection 151(3)(e) or 178.\n(2) The superintendent of the detention centre from which the detainee\nwas moved must make the necessary arrangements with the\nperson in charge of the hospital to ensure the security and good\norder of the detainee while the detainee is in hospital.\n(3) While in the hospital, the detainee remains in lawful detention for\nthis Act.\n(4) If the detainee is discharged from the hospital and his or her\nsentence of detention has not expired, the detainee must be\nreturned to the detention centre to serve the remainder of the\nsentence.\n","sortOrder":208},{"sectionNumber":"180","sectionType":"section","heading":"Notification of illness or death","content":"180 Notification of illness or death\n(1) The superintendent of a detention centre must immediately notify\nthe CEO if a detainee at the centre is seriously ill or dies.\n(2) If the CEO is notified of a detainee's illness or death, the CEO must,\nwithout delay, inform the detainee's next of kin, a close relative or\nlegal representative of the detainee, or any other person the\ndetainee requested to be notified.\n(3) The CEO must immediately notify the coroner of the death of a\n\nYouth Justice Act 2005 119\n","sortOrder":209},{"sectionNumber":"Part 11","sectionType":"part","heading":"Interstate transfer of detainees and youths","content":"Part 11 Interstate transfer of detainees and youths\nunder supervision\n","sortOrder":210},{"sectionNumber":"181","sectionType":"section","heading":"Definitions","content":"181 Definitions\nIn this Part, unless the contrary intention appears:\ncorresponding detention centre, means an establishment in a\nState in which interstate detainees serve a period of detention.\ncorresponding Minister means the minister of a State responsible\nfor youths in that State who have had imposed on them a sentence\nof detention.\ndetainee includes a youth who has been transferred to a detention\ncentre under section 64 of the Correctional Services Act 2014, but\ndoes not include an interstate detainee or a youth on remand to\nstand trial for an offence.\ninterstate detainee means a youth in a State who is 10 years of\nage or older and who has had a sentence of detention imposed on\nhim or her.\nState means a State or another Territory.\nsuperintendent in relation to a corresponding detention centre,\nmeans the person in charge of the corresponding detention centre.\ntransfer order means an order made under section 184(1) to\ntransfer a detainee to a State.\n","sortOrder":211},{"sectionNumber":"182","sectionType":"section","heading":"Application of Part","content":"182 Application of Part\nThis Part applies in relation to:\n(a) a detainee, or a youth subject to supervision in the Territory,\nwho wishes to transfer to a State; and\n(b) an interstate detainee, or a youth subject to supervision within\na State, who wishes to transfer to the Territory.\n","sortOrder":212},{"sectionNumber":"183","sectionType":"section","heading":"Ministers may agree","content":"183 Ministers may agree\nThe Minister and the corresponding Minister of a State may agree\nthat:\n(a) an interstate detainee may transfer from a detention centre in\nthe State in which he or she was sentenced to a detention\ncentre in the Territory; or\n\nYouth Justice Act 2005 120\n(b) a detainee may transfer from a detention centre in the\nTerritory to a detention centre in the State.\n","sortOrder":213},{"sectionNumber":"184","sectionType":"section","heading":"Transfer from Territory","content":"184 Transfer from Territory\n(1) The Minister may make an order to transfer a detainee if satisfied:\n(a) it is appropriate in the circumstances for a detainee to serve\nhis or her detention in a State; and\n(b) the corresponding Minister of the relevant State will accept the\n(2) The circumstances to which the Minister may have regard for\nsubsection (1) include:\n(a) the place or intended place of residence of responsible adults\nin respect of, or relatives of, the detainee; and\n(b) the present and future education and employment of the\n(c) the medical and other needs of the detainee.\n(3) In deciding whether to make an order under subsection (1) in\nrelation to a detainee, the Minister may request any of the following\nto give specified information within the period specified in the\nrequest:\n(a) the detainee;\n(b) the parents of the detainee or responsible adults in respect of\nthe detainee.\n(4) The Minister must not make a transfer order in relation to a\ndetainee unless the Minister is satisfied:\n(a) the detainee has received independent legal advice and\nconsents to the transfer; and\n(b) there is no appeal pending under Part 7 in relation to the\ndetainee and that the period for lodging an appeal has\nexpired.\n(5) The Minister may make a transfer order in relation to a detainee\nwithout the detainee's consent if:\n(a) a responsible adult in respect of a detainee requests the\nMinister to transfer the detainee; and\n\nYouth Justice Act 2005 121\n(b) the Minister is satisfied it is in the best interests of the\n(6) A decision to make, or refuse to make, a transfer order is not\nsubject to appeal or review by a court or tribunal.\n","sortOrder":214},{"sectionNumber":"185","sectionType":"section","heading":"Transfer from State to Territory","content":"185 Transfer from State to Territory\n(1) If a corresponding Minister makes a written request to the Minister\nto accept the transfer of an interstate detainee to the Territory, the\nMinister may agree if satisfied there are adequate facilities in the\nTerritory for the transferee to be accepted.\n(2) The Minister must specify the detention centre to which the\ntransferee is to be delivered.\n","sortOrder":215},{"sectionNumber":"186","sectionType":"section","heading":"Reports","content":"186 Reports\n(1) The Minister may inform himself or herself as he or she considers\nappropriate for the purpose of deciding whether or not to order the\ntransfer of a detainee to a State or accept the transfer of an\ninterstate detainee to the Territory.\n(2) In particular, the Minister may have regard to reports from the\nsuperintendent of a detention centre or a corresponding detention\n(3) The Minister may provide reports from the superintendent of a\ndetention centre to the corresponding Minister of a State in relation\nto the transfer of a detainee to that State.\n","sortOrder":216},{"sectionNumber":"187","sectionType":"section","heading":"Escort for transfer","content":"187 Escort for transfer\n(1) An escort is any one or more of the following:\n(a) a police officer;\n(b) a person authorised in writing by the Minister for the purpose.\n(2) A transfer order authorises the escort to hold, take and keep\ncustody of the detainee until he or she is delivered to the specified\ndetention centre in the State.\n(3) A transfer order is authority for the superintendent of a detention\ncentre to deliver the detainee into the custody of an escort.\n(4) An escort who brings an interstate transferee from a State to the\nTerritory is authorised to hold, take and keep custody of the\ndetainee within the Territory for the purpose of delivering him or her\nto the detention centre specified in the transfer order.\n\nYouth Justice Act 2005 122\n","sortOrder":217},{"sectionNumber":"188","sectionType":"section","heading":"Information to be sent to corresponding Minister","content":"188 Information to be sent to corresponding Minister\nIf a detainee is transferred to a State, the Minister must send to the\ncorresponding Minister of that State:\n(a) a copy of the transfer order; and\n(b) a copy of the order under which the detainee was detained in\nthe Territory; and\n(c) a report in relation to the transferee, including details of the\nperiod of detention served, entitlements to a review of the\nperiod of detention to be served and a copy of any record\nrelating to the conduct of the transferee while a detainee in the\nTerritory.\n","sortOrder":218},{"sectionNumber":"189","sectionType":"section","heading":"Sentence transferred","content":"189 Sentence transferred\n(1) If a detainee transfers from the Territory to a State, the order under\nwhich he or she was detained ceases to have effect in the Territory\nexcept in relation to the period of detention served in the Territory.\n(2) If an interstate detainee transfers from a State to the Territory, the\norder under which he or she is detained is taken to have been\nmade by a Territory court.\n","sortOrder":219},{"sectionNumber":"190","sectionType":"section","heading":"Order revoked if transferee escapes","content":"190 Order revoked if transferee escapes\n(1) The Minister may revoke a transfer order if the detainee to whom\nthe order relates escapes or attempts to escape from custody, or\ncommits any other further offence, whether in the Territory or\nelsewhere, while the detainee is in the process of being transferred.\n(2) A decision under subsection (1) is not subject to review or appeal in\nany court or tribunal.\n","sortOrder":220},{"sectionNumber":"191","sectionType":"section","heading":"Territory transferee subject to supervision","content":"191 Territory transferee subject to supervision\n(1) A youth who is found guilty in the Territory of an offence and whose\nsentence includes a period of supervision may apply to the Minister\nto transfer his or her period of supervision to a State.\n(2) If the Minister is satisfied that the corresponding Minister of the\nState will undertake the supervision of the youth on similar terms\nand conditions to those imposed in the Territory, the Minister may\napprove the transfer.\n(3) The Minister must ensure that the appropriate supervising authority\nis notified of the transfer.\n\nYouth Justice Act 2005 123\n(4) When the Minister receives notification from the corresponding\nMinister that the youth is under supervision in the State, the\nTerritory order of supervision relating to the youth ceases to have\neffect in the Territory.\n","sortOrder":221},{"sectionNumber":"192","sectionType":"section","heading":"Youth subject to supervision in State","content":"192 Youth subject to supervision in State\n(1) A corresponding Minister of a State may apply to the Minister for\nagreement to the transfer from the State to the Territory of a youth\nwho is subject to a period of supervision for an offence.\n(2) If the Minister agrees to the transfer of the youth, the Minister must\nadvise the corresponding Minister and the appropriate supervising\nauthority in the Territory.\n(3) When the youth reports to the Territory supervising authority, the\norder of supervision from the State is taken to have been imposed\nby a Territory court and any failure to comply with a term or\ncondition of the order will be dealt with as a breach of a Territory\norder.\n","sortOrder":222},{"sectionNumber":"193","sectionType":"section","heading":"Escaping from lawful detention","content":"193 Escaping from lawful detention\n(1) A detainee must not escape or attempt to escape from lawful\ndetention under this Act.\n(2) For subsection (1), escape from lawful detention includes the\n(a) escaping from a detention centre;\n(b) escaping or absconding while being transferred from one\ndetention centre to another detention centre;\n(c) escaping or absconding while away from a detention centre\nfor the purpose of appearing in court;\n(d) escaping or absconding while absent from a detention centre\nto attend a hospital under section 151(3)(e) or 178;\n(e) escaping or absconding while absent from a detention centre\nunder section 165;\n(f) escaping while being transferred to a State in accordance with\na transfer order under Part 11.\n\nYouth Justice Act 2005 124\n(3) If a detainee escapes from lawful detention under this Act, the term\nof detention to be served by the detainee does not run during the\nperiod the detainee remains at large.\n(4) A person found guilty of an offence against subsection (1) is liable\nto detention or imprisonment for 6 months in addition to the period\nof detention originally ordered by the Court.\n","sortOrder":223},{"sectionNumber":"194","sectionType":"section","heading":"Escape of interstate detainee","content":"194 Escape of interstate detainee\n(1) An interstate detainee who is being transferred from a State to a\ndetention centre in the Territory must not escape or attempt to\nescape from custody while in the Territory.\n(2) A person found guilty of an offence against subsection (1) is liable\nto detention or imprisonment for 6 months in addition to the period\nof detention to be served in the Territory.\n(3) A person found guilty in another jurisdiction of escaping from\ncustody in contravention of subsection (1) must not be prosecuted\nin the Territory for the same offence.\n","sortOrder":224},{"sectionNumber":"195","sectionType":"section","heading":"Aiding or abetting escapee","content":"195 Aiding or abetting escapee\nA person must not:\n(a) remove a detainee from a detention centre except in\naccordance with this Act or another law in force in the\nTerritory; or\n(b) knowingly harbour or aid a detainee who has escaped from\nlawful detention; or\n(c) aid a detainee to escape from lawful detention.\nMaximum penalty: 800 penalty units or imprisonment for\n4 years.\n","sortOrder":225},{"sectionNumber":"196","sectionType":"section","heading":"Loitering","content":"196 Loitering\nA person must not:\n(a) loiter in the vicinity of a detention centre; or\n(b) remain in the vicinity of a detention centre after being\nrequested to leave by the superintendent or a member of the\nstaff of the detention centre or by a police officer; or\n\nYouth Justice Act 2005 125\n(c) unlawfully enter or attempt to enter a detention centre.\n","sortOrder":226},{"sectionNumber":"197","sectionType":"section","heading":"Contraband","content":"197 Contraband\nA person must not, without the permission of the superintendent of\na detention centre:\n(a) convey or deliver, or allow to be conveyed or delivered, to a\ndetainee any alcohol, drugs, money, letter, document, clothing\nor other article; or\n(b) convey or deliver or receive any alcohol, drugs, money, letter,\ndocument, clothing or other article out of a detention centre; or\n(c) leave any alcohol, drugs, money, letter, document, clothing or\nother article with the intention of it being received or found by\na detainee.\n","sortOrder":227},{"sectionNumber":"198","sectionType":"section","heading":"Communication","content":"198 Communication\nA person must not, without the permission of the superintendent of\na detention centre, communicate or attempt to communicate with a\ndetainee in that detention centre.\n","sortOrder":228},{"sectionNumber":"199","sectionType":"section","heading":"Offence to remove youth","content":"199 Offence to remove youth\nA person who, without lawful excuse, removes a youth from the\ncare of a person with whom, or from an establishment (other than a\ndetention centre) at which, the youth has been placed under this\nAct is guilty of an offence.\nMaximum penalty: 800 penalty units or imprisonment for\n4 years.\n\nYouth Justice Act 2005 126\n","sortOrder":229},{"sectionNumber":"200","sectionType":"section","heading":"Obstructing or hindering detention centre staff and other","content":"200 Obstructing or hindering detention centre staff and other\nofficers\n(1) A person must not hinder, obstruct, assault or threaten with\nviolence any of the following in the exercise of their powers or\nperformance of their functions or duties under this Act:\n(a) a superintendent or member of the staff of a detention centre;\n(b) a police officer;\n(c) a community youth justice officer.\n(2) A person must not aid or abet another person in the commission of\nan offence against subsection (1).\n","sortOrder":230},{"sectionNumber":"201","sectionType":"section","heading":"Personation","content":"201 Personation\n(1) A person must not falsely represent that the person is a\nsuperintendent of a detention centre, authorised person or\ncommunity youth justice officer.\nauthorised person means a person authorised in writing by the\nMinister or CEO to perform a function under this Act.\n","sortOrder":231},{"sectionNumber":"214","sectionType":"section","heading":"Confidentiality","content":"214 Confidentiality\n(1) A person who performs or has performed functions or duties under\nthis Act must not:\n(a) record any information obtained by the person in exercising a\npower or performing a function under this Act; or\n(b) disclose such information to a person or body; or\n(c) publish all or part of a document obtained by the person in\nexercising a power or performing a function under this Act.\n\nYouth Justice Act 2005 127\n(2) Subsection (1) does not apply in relation to:\n(a) a police officer in the performance of his or her duties; or\n(b) any recording, disclosure or production that is part of the\nexercise of a power or the performance of a function under\nthis Act; or\n(c) any recording, disclosure or production in relation to the\nadministration of this Act; or\n(ca) any disclosure required or authorised by law; or\n(cb) a disclosure to the Australian Institute of Criminology\nestablished under the Criminology Research Act 1971 (Cth) of\ninformation that is reasonably required for the purpose of the\nprogram monitoring national deaths in custody; or\n(d) any disclosure that is made to:\n(i) the person to whom the information or document is\nrelated; or\n(ii) another person with the consent of the person to whom\nthe information or document is related (whether the\nconsent has been given expressly or by implication); or\n(iii) a person approved by the Minister, where the Minister\nhas certified in writing that the disclosure is carried out in\nthe public interest; or\n(iv) a person approved by the Minister for research to be\nconducted by the person, where the person has\nundertaken to preserve the identity of individual persons\nto whom the information and records relate and the\nconfidentiality of the information; or\n(v) a police officer; or\n(vi) a person prescribed by the Regulations.\n(3) A person who fails to comply with subsection (1) is guilty of an\n200 penalty units or imprisonment for\n1 000 penalty units.\n\nYouth Justice Act 2005 128\n(4) This section applies to a person who receives the information,\nrecord or document (whether directly or indirectly) as if the person\nobtained the information, record or document in the performance of\nfunctions or duties under this Act.\n","sortOrder":232},{"sectionNumber":"215","sectionType":"section","heading":"Immunity","content":"215 Immunity\n(1) This section applies to a person who is, or has been, any of the\n(a) the CEO;\n(b) the Commissioner of Correctional Services;\n(c) a superintendent of a detention centre;\n(d) a community youth justice officer;\n(e) a public sector employee performing functions under this Act.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n","sortOrder":233},{"sectionNumber":"215A","sectionType":"section","heading":"Prosecutions","content":"215A Prosecutions\n(1) Proceedings for an offence against this Act may be started only by:\n(a) the CEO; or\n(b) a person authorised by the Minister.\n(2) The proceedings must be started within 6 months after the date on\nwhich the CEO first became aware of the commission of the\n","sortOrder":234},{"sectionNumber":"215B","sectionType":"section","heading":"Civil proceedings","content":"215B Civil proceedings\n(1) Civil proceedings in relation to an act done or omitted to be done by\na person under this Act must be started within 3 years after the act\nwas done or omitted to be done (the limitation period).\n(1A) However, if a person with a cause of action under subsection (1) is\nsubject to a disability during any part of the limitation period:\n(a) the running of the limitation period is suspended for the\nduration of the disability; and\n\nYouth Justice Act 2005 129\n(b) the limitation period expires 3 years after the earlier of:\n(i) the date on which the person ceased to be under a\ndisability; or\n(ii) the death of the person.\n(1B) For subsection (1A), a person is subject to a disability if:\n(a) the person is under the age of 18 years; or\n(b) the person is serving a term of detention or imprisonment after\nbeing convicted of an offence.\n(1C) Subsection (1A) applies to person who is subject to a disability,\nwhether or not the person is subject to the same or another\ndisability at any time during the limitation period.\n(1D) Subsection (1A) does not operate to extend a limitation period to\nmore than 30 years from the date when the cause of action arose.\n(2) However, subsection (1) does not prevent a court exercising its\njurisdiction under section 44 of the Limitation Act 1981.\n","sortOrder":235},{"sectionNumber":"216","sectionType":"section","heading":"Delegation by Minister or CEO","content":"216 Delegation by Minister or CEO\nThe Minister or CEO may delegate in writing to a person any of the\nMinister's or CEO's powers and functions under this Act.\n","sortOrder":236},{"sectionNumber":"216A","sectionType":"section","heading":"Annual report","content":"216A Annual report\nThe CEO must, in the report prepared under section 28 of the\nPublic Sector Employment and Management Act 1993, include\ninformation about the register of persons under section 14.\n","sortOrder":237},{"sectionNumber":"217","sectionType":"section","heading":"Regulations","content":"217 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for any of the following matters:\n(a) the construction (including provision for the storage and\npreparation of food), cleanliness, sanitation, lighting, heating,\nventilation and safety of detention centres;\n\nYouth Justice Act 2005 130\n(b) the maintenance of detention centres in a proper state of\nrepair;\n(c) the number of youths who may be received in a detention\ncentre, having regard to the available facilities (including\nmedical facilities and other amenities), space and staff of the\ncentre;\n(d) the operation and management of detention centres;\n(e) the suitability of persons operating detention centres and of\nthe staff of such centres, and fixing the numbers of such staff;\n(f) the maintenance of order within a detention centre, including\nthe conduct of searches and the manner of dealing with the\nmisconduct of detainees and any grievances or complaints of\ndetainees;\n(g) the health, welfare, safe custody and protection of detainees;\n(h) community work orders, including:\n(i) prescribing the duties of persons who are subject to\ncommunity work orders; and\n(ii) regulating the conduct of persons who are subject to\ncommunity work orders; and\n(iii) providing for the health and safety of persons who are\nsubject to community work orders; and\n(iv) providing for travel and transport arrangements to be\nmade for persons who are subject to community work\norders; and\n(v) prescribing what effect an injury to, or the illness of, a\nperson who is subject to a community work order has on\n(vi) prescribing the periods to be taken into account when\ncalculating the hours during which work has been carried\nout under a community work order; and\n(vii) prescribing the powers and duties of advisory\ncommittees and regulating the holding of their meetings\nand the procedures they are to observe at those\nmeetings;\n(i) alternative detention orders, including regulating the conduct\nof youths who are subject to the orders;\n\n","sortOrder":238},{"sectionNumber":"Part 15","sectionType":"part","heading":"Repeals and transitional matters for Youth Justice Act 2005","content":"Part 15 Repeals and transitional matters for Youth Justice Act 2005\nYouth Justice Act 2005 131\n(j) the criteria for persons to be included in the register of support\npersons under section 14 and procedures in relation to the\nmaintenance of the register;\n(k) procedures for, and other matters in relation to,\npre-sentencing conferences under section 84;\n(l) penalties not exceeding 100 penalty units or imprisonment for\n6 months for offences against the Regulations;\n(m) community youth justice officers, including:\n(i) prescribing the duties of the officers; and\n(ii) providing for the health and safety of the officers.\n(3) The Regulations may authorise the CEO or a superintendent of a\ndetention centre to make a determination in relation to:\n(a) the management and operation of a detention centre; or\n(b) the maintaining of order within a detention centre; or\n(c) a grievance or complaint of a detainee; or\n(d) the health, welfare, safe custody and protection of a detainee.\nPart 15 Repeals and transitional matters for Youth\nJustice Act 2005\n","sortOrder":239},{"sectionNumber":"218","sectionType":"section","heading":"Definition","content":"218 Definition\ncommencement date means the date on which this Act comes into\noperation.\n","sortOrder":240},{"sectionNumber":"219","sectionType":"section","heading":"Repeal of Acts","content":"219 Repeal of Acts\nThe Acts specified in the Schedule are repealed.\n","sortOrder":241},{"sectionNumber":"220","sectionType":"section","heading":"Saving of approvals and appointments","content":"220 Saving of approvals and appointments\n(1) An establishment that, immediately before the commencement\ndate, was a detention centre under the repealed Act is taken to be a\ndetention centre approved under section 148.\n\n","sortOrder":242},{"sectionNumber":"Part 16","sectionType":"part","heading":"Provisions for Youth Justice Amendment Act 2010","content":"Part 16 Provisions for Youth Justice Amendment Act 2010\nYouth Justice Act 2005 132\n(2) A person who, immediately before the commencement date, was\nthe superintendent of a detention centre under the repealed Act is\ntaken to be the superintendent of that detention centre appointed\nunder section 151.\n(3) A person who, immediately before the commencement date, was\nan official visitor under the repealed Act is taken to be an official\nvisitor appointed under section 169.\n","sortOrder":243},{"sectionNumber":"221","sectionType":"section","heading":"Orders of Juvenile Court","content":"221 Orders of Juvenile Court\n(1) An order made by the Juvenile Court:\n(a) continues in the same terms until the order is discharged or\nexpires; and\n(b) can be reviewed, varied or revoked under this Act as if the\norder had been made under this Act.\n(2) However, an order made by the Juvenile Court will be breached\nonly in the circumstances set out in the repealed Act for an order of\nthat type.\n","sortOrder":244},{"sectionNumber":"222","sectionType":"section","heading":"Proceedings not completed","content":"222 Proceedings not completed\nAny proceeding before the Juvenile Court that, immediately before\nthe commencement date, had not been completed may be\ncontinued before the Youth Justice Court under this Act.\n","sortOrder":245},{"sectionNumber":"223","sectionType":"section","heading":"Offences committed before commencement of this Act","content":"223 Offences committed before commencement of this Act\n(1) This Act applies in relation to an offence committed by a youth\nbefore the commencement date.\n(2) However, a youth is not liable to a greater penalty in respect of an\noffence committed before the commencement date than he or she\nwould be if the repealed Act were still in force.\nPart 16 Provisions for Youth Justice Amendment\nAct 2010\n","sortOrder":246},{"sectionNumber":"224","sectionType":"section","heading":"Exercise of jurisdiction under pre-commencement Act","content":"224 Exercise of jurisdiction under pre-commencement Act\n(1) The purpose of this section is to validate the exercise of jurisdiction\nby the Youth Justice Court under the pre-commencement Act in\nrelation to declared charges, or the purported exercise of such\njurisdiction.\n\nPart 16 Provisions for Youth Justice Amendment Act 2010\nYouth Justice Act 2005 133\n(2) The Youth Justice Court is taken to have, and always to have had,\njurisdiction under the pre-commencement Act to hear and\ndetermine, or decide not to hear, summarily all declared charges.\n(3) In addition to subsection (2), an exercise of jurisdiction in relation to\na declared charge by the Youth Justice Court under the\npre-commencement Act, or the purported exercise of such\njurisdiction, is taken to be, and always to have been, valid and\neffective for all purposes as if exercised after the commencement of\nthis section.\n(4) Subsections (2) and (3) do not apply to proceedings in relation to a\ndeclared charge allegedly committed by a particular youth if:\n(a) before the commencement, the Supreme Court made a\ndecision about the jurisdiction, or want of jurisdiction, of the\nYouth Justice Court in relation to the declared charge; and\n(b) the application of the subsections in relation to the declared\ncharge would be inconsistent with the decision of the Supreme\n(5) In this section:\ndeclared charge means a charge in respect of an indictable\noffence that, if the offence had been committed by an adult:\n(a) the offence would not be punishable by imprisonment for life;\nand\n(b) the adult could not consent to the charge being heard and\ndetermined summarily.\nexercise of jurisdiction, in relation to a declared charge, includes\nany of the following relating to the declared charge:\n(a) instituting, adjourning and continuing a proceeding;\n(b) issuing a warrant, summons or other process;\n(c) making or giving an order, direction, notice, whether by\ninstrument or otherwise;\n(d) making a finding of guilt;\n(e) imposing a sentence;\n(f) doing any other act or thing under an Act.\n\n","sortOrder":247},{"sectionNumber":"Div 1","sectionType":"division","heading":"Criminal Code Amendment (Criminal Damage) Act 2011","content":"Division 1 Criminal Code Amendment (Criminal Damage) Act 2011\nYouth Justice Act 2005 134\npre-commencement Act means this Act as in force at any time\nbefore the commencement of this section.\n","sortOrder":248},{"sectionNumber":"225","sectionType":"section","heading":"Matter before Supreme Court at commencement","content":"225 Matter before Supreme Court at commencement\n(1) This section applies in relation to a matter:\n(a) that, on the commencement of this section, is before the\nSupreme Court; and\n(b) that, after the commencement, the Youth Justice Court has\njurisdiction to hear and determine summarily.\n(2) The Supreme Court must consider whether:\n(a) the Supreme Court should continue to deal with the matter; or\n(b) the Youth Justice Court should hear and determine the matter\n(3) If the Supreme Court considers the matter should be heard and\ndetermined summarily by the Youth Justice Court, and the youth\nconsents, the Supreme Court:\n(a) may remit the matter to the Youth Justice Court; and\n(b) may give any directions about the matter that the Supreme\nCourt considers appropriate for the remission.\nDivision 1 Criminal Code Amendment (Criminal Damage)\nAct 2011\n","sortOrder":249},{"sectionNumber":"226","sectionType":"section","heading":"Transitional matters for Criminal Code Amendment (Criminal","content":"226 Transitional matters for Criminal Code Amendment (Criminal\nDamage) Act 2011\nThe amendment made to regulation 3 of the Youth Justice\nRegulations by the Criminal Code Amendment (Criminal Damage)\nAct 2011 does not affect the operation of this Act, on and after the\ncommencement of the amendment, to an offence:\n(a) mentioned in regulation 3(a) of the Youth Justice Regulations\nas in force immediately before the commencement of the\namendment; and\n(b) was committed or is alleged to have been committed before\nthe commencement of the amendment.\n\nDivision 4 Transitional matters for Youth Justice Legislation Amendment Act 2017\nYouth Justice Act 2005 135\nDivision 2 Justice and Other Legislation Amendment\nAct 2014\n227 Application of section 131 to offences committed before\ncommencement\n(1) Section 131, as amended by the Justice and Other Legislation\nAmendment Act 2014, applies only in relation to a sentence for an\noffence committed before the commencement of this section\n(commencement) if the sentence is imposed in proceedings in\nwhich a court starts hearing sentencing submissions after\n(2) Section 131, as in force before commencement, continues to apply\nin relation to a sentence for an offence committed before\ncommencement if the sentence is or was imposed in proceedings in\nwhich a court started hearing sentencing submissions before\n","sortOrder":250},{"sectionNumber":"Div 3","sectionType":"division","heading":"Sentencing Legislation Amendment Act 2015","content":"Division 3 Sentencing Legislation Amendment Act 2015\n","sortOrder":251},{"sectionNumber":"228","sectionType":"section","heading":"Application of amendments","content":"228 Application of amendments\n(1) Section 87, as amended by the amending Act, applies if a youth is\nsentenced by the Court to a further term of detention or\nimprisonment after the commencement, even if the offence to which\nthe sentence relates was committed before the commencement.\n(2) Section 130, as in force immediately before the commencement,\ncontinues to apply in relation to a sentence, the service of which\nwas suspended under section 130 before the commencement, as if\nthe amending Act had not commenced.\namending Act means the Sentencing Legislation Amendment\nAct 2015.\ncommencement means the commencement of the amending Act.\n","sortOrder":252},{"sectionNumber":"Div 4","sectionType":"division","heading":"Transitional matters for Youth Justice Legislation","content":"Division 4 Transitional matters for Youth Justice Legislation\nAmendment Act 2017\n","sortOrder":253},{"sectionNumber":"229","sectionType":"section","heading":"Definitions","content":"229 Definitions\nAct 2017.\n\nDivision 4 Transitional matters for Youth Justice Legislation Amendment Act 2017\nYouth Justice Act 2005 136\ncommencement means the commencement of Part 2 of the\nprobation and parole officer means a probation and parole officer\nas defined in section 5(1) of this Act as in force immediately before\nthe commencement.\nthe Board means the Parole Board of the Northern Territory as\ndefined in section 3(1) of the Parole Act 1971.\n","sortOrder":254},{"sectionNumber":"230","sectionType":"section","heading":"Immunity continues","content":"230 Immunity continues\nDespite the amendments made to section 215 by the amending\nAct, that section continues to apply to a person who is or has been\na probation and parole officer, as if the amending Act had not\ncommenced.\n","sortOrder":255},{"sectionNumber":"231","sectionType":"section","heading":"Prosecutions may be made by Commissioner of Correctional","content":"231 Prosecutions may be made by Commissioner of Correctional\nServices\n(1) Despite section 215A, proceedings for an offence against this Act\nmay be started by the Commissioner of Correctional Services.\n(2) The proceedings must be started:\n(a) within 6 months after the date on which the Commissioner of\nCorrectional Services first became aware of the commission of\nthe offence; and\n(b) within 6 months after the commencement.\n","sortOrder":256},{"sectionNumber":"232","sectionType":"section","heading":"Superseded references to certain offices","content":"232 Superseded references to certain offices\n(1) A reference to a probation and parole officer in an order:\n(a) of the Board or of any Court in relation to a youth under this or\nany other Act; and\n(b) that is in effect immediately before the commencement,\nis taken, on and after the commencement, to be a reference to a\ncommunity youth justice officer.\n(2) A reference to the Commissioner of Correctional Services in an\norder:\n(a) of any Court in relation to a youth under this or any other Act;\nand\n(b) that is in effect immediately before the commencement,\n\n","sortOrder":257},{"sectionNumber":"Div 6","sectionType":"division","heading":"Transitional matters for Youth Justice and Related Legislation Amendment","content":"Division 6 Transitional matters for Youth Justice and Related Legislation Amendment\nAct 2019\nYouth Justice Act 2005 137\nis taken, on and after the commencement, to be a reference to the\nCEO, unless the Commissioner of Correctional Services is the\nappropriate authority.\n","sortOrder":258},{"sectionNumber":"Div 5","sectionType":"division","heading":"Transitional matters for Youth Justice Legislation","content":"Division 5 Transitional matters for Youth Justice Legislation\nAmendment Act 2018\n","sortOrder":259},{"sectionNumber":"233","sectionType":"section","heading":"Definitions","content":"233 Definitions\nAct 2018.\ncommencement means the commencement of Part 2 of the\n","sortOrder":260},{"sectionNumber":"234","sectionType":"section","heading":"Isolated detainees","content":"234 Isolated detainees\nA detainee who, immediately before the commencement, is isolated\nfrom other detainees under section 153(5) as in force immediately\nbefore the commencement is, after the commencement, taken to be\nseparated from other detainees under section 155A as in force after\nthe commencement.\n","sortOrder":261},{"sectionNumber":"235","sectionType":"section","heading":"Restrained detainees","content":"235 Restrained detainees\nA detainee who, immediately before the commencement, is\nrestrained under section 152(1A) as in force immediately before the\ncommencement is, after the commencement, taken to be restrained\nunder section 155(1) as in force after the commencement.\nDivision 6 Transitional matters for Youth Justice and Related\nLegislation Amendment Act 2019\n","sortOrder":262},{"sectionNumber":"236","sectionType":"section","heading":"Definitions","content":"236 Definitions\namending Act means the Youth Justice and Related Legislation\nAmendment Act 2019.\ncommencement means the commencement of section 41 of the\n","sortOrder":263},{"sectionNumber":"237","sectionType":"section","heading":"Application of section 215B after commencement","content":"237 Application of section 215B after commencement\n(1) Section 215B, as amended by the amending Act, applies in relation\nto any act done or omitted to be done after the commencement.\n\n","sortOrder":264},{"sectionNumber":"Div 9","sectionType":"division","heading":"Transitional matters for Sentencing Legislation Amendment Act 2023","content":"Division 9 Transitional matters for Sentencing Legislation Amendment Act 2023\nYouth Justice Act 2005 138\n(2) For subsection (1), the act done or omitted to be done is taken to\nhave been done or omitted to have been done after the\ncommencement if:\n(a) for an act – all of the conduct constituting the act occurred\nafter the commencement; or\n(b) for an act that has omitted to be done – the act has omitted to\nbe done after the commencement, irrespective of whether the\nomission began before or after the commencement.\n","sortOrder":265},{"sectionNumber":"238","sectionType":"section","heading":"Application of section 215B before commencement","content":"238 Application of section 215B before commencement\n(1) Section 215B, as in force immediately before the commencement,\napplies in relation to acts done or omitted to be done before the\n(2) For subsection (1), the act done or omitted to be done is taken to\nhave been done or omitted to have been done before the\ncommencement if:\n(a) for an act – any of the conduct constituting the act occurred\nbefore the commencement; or\n(b) for an act that has omitted to be done – the act has omitted to\nbe done before the commencement.\n","sortOrder":266},{"sectionNumber":"Div 7","sectionType":"division","heading":"Transitional matters for Sexual Offences (Evidence","content":"Division 7 Transitional matters for Sexual Offences (Evidence\nand Procedure) Amendment Act 2020\n","sortOrder":267},{"sectionNumber":"239","sectionType":"section","heading":"Publications allowed under section 50(2)","content":"239 Publications allowed under section 50(2)\n(1) Section 50(2), as amended by the Sexual Offences (Evidence and\nProcedure) Amendment Act 2020, applies only in relation to a\nreport or information published after the commencement of\nsection 8 of that Act (the commencement).\n(2) For section 50(2)(c), consent must be given after the\nDivision 9 Transitional matters for Sentencing Legislation\nAmendment Act 2023\n","sortOrder":268},{"sectionNumber":"241","sectionType":"section","heading":"Application of Part 5, Division 4","content":"241 Application of Part 5, Division 4\n(1) Part 5, Division 4, as inserted by the Sentencing Legislation\nAmendment Act 2023, applies in relation to the sentencing of a\nyouth for an offence committed after the commencement.\n\nDivision 10 Transitional matters for Youth Justice Legislation Amendment Act 2025\nYouth Justice Act 2005 139\n(2) For subsection (1), if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\ncommencement means the commencement of Part 3 of the\nSentencing Legislation Amendment Act 2023.\nDivision 10 Transitional matters for Youth Justice Legislation\nAmendment Act 2025\n","sortOrder":269},{"sectionNumber":"242","sectionType":"section","heading":"Definitions","content":"242 Definitions\nAct 2025.\ncommencement means the day on which section 3 of the Act\ncommences.\n","sortOrder":270},{"sectionNumber":"243","sectionType":"section","heading":"Register of appropriate support persons","content":"243 Register of appropriate support persons\nOn the commencement, the register maintained by the Youth\nJustice Advisory Committee under section 14, as in force before the\ncommencement, becomes the register maintained by the CEO\nunder section 14.\n","sortOrder":271},{"sectionNumber":"244","sectionType":"section","heading":"Amendments to section 81: sentencing principles and","content":"244 Amendments to section 81: sentencing principles and\nconsiderations\nSection 81, as amended by section 11 of the amending Act, applies\nin relation to the sentencing of a youth for an offence after the\ncommencement even if the offence was committed before the\n","sortOrder":272},{"sectionNumber":"245","sectionType":"section","heading":"Amendments to section 122: offences during adjournment","content":"245 Amendments to section 122: offences during adjournment\nSection 122, as amended by section 12 of the amending Act,\napplies in relation to a youth who after the commencement is found\nguilty of an offence mentioned in section 122(1)(b), regardless of\nwhen the youth committed the offence mentioned in\nsection 122(1)(a).\n\nYouth Justice Act 2005 140\nsection 219\nJuvenile Justice Act 1983 Act No. 77 of 1983\nJuvenile Justice Amendment Act 1987 Act No. 58 of 1987\nJuvenile Justice Amendment Act 1990 Act No. 24 of 1990\nJuvenile Justice Amendment Act 1991 Act No. 43 of 1991\nJuvenile Justice Amendment Act 1992 Act No. 74 of 1992\nJuvenile Justice Amendment Act 1993 Act No. 45 of 1993\nJuvenile Justice Amendment Act 1995 Act No. 18 of 1995\nJuvenile Justice Amendment Act 1996 Act No. 23 of 1996\nJuvenile Justice Amendment Act (No. 2) 1996 Act No. 61 of 1996\nJuvenile Justice Amendment Act (No. 3) 1996 Act No. 62 of 1996\nJuvenile Justice Amendment Act 1998 Act No. 12 of 1998\nJuvenile Justice Amendment Act (No. 2) 1998 Act No. 81 of 1998\nJuvenile Justice Amendment Act (No. 3) 1998 Act No. 86 of 1998\nJuvenile Justice Amendment Act 1999 Act No. 12 of 1999\nJuvenile Justice Amendment Act (No. 2) 1999 Act No. 34 of 1999\nJuvenile Justice Amendment Act 2000 Act No. 6 of 2000\nJuvenile Justice Amendment Act 2001 Act No. 28 of 2001\nJuvenile Justice Amendment Act (No. 2) 2001 Act No. 53 of 2001\nJuvenile Justice Amendment Act 2002 Act No. 5 of 2002\n\nYouth Justice Act 2005 141\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nYouth Justice Act 2005 (Act No. 32, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (Gaz G30, 26 July 2006, p 3)\nCriminal Reform Amendment Act (No. 2) 2006 (Act No. 34, 2006)\nAssent date 3 November 2006\nCommenced 20 December 2006 (Gaz G51, 20 December 2006, p 2)\nJustice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nCare and Protection of Children Act 2007 (Act No. 37, 2007)\nAssent date 12 December 2007\nCommenced Ch 1 and pts 3.3 and 5.1: 7 May 2008 (Gaz G18, 7 May 2008,\np 4); Ch 2 (exc pt 2.1, div 6 and s 127), Ch 3, pts 3.1 and 3.2\n(exc s 187) and Ch 5, pts 5.2 to 5.6: 8 December 2008\n(Gaz G47, 26 November 2008, p 6); Ch 4: 9 June 2009\n(Gaz S27, 1 June 2009); Ch 2, pt 2.1, div 6: 18 August 2010\n(Gaz S43, 18 August 2010); s 187: 1 July 2011 (Gaz S32,\n20 June 2011); s 127: nc\nYouth Justice Amendment (Family Responsibility) Act 2008 (Act No. 14, 2008)\nAssent date 23 May 2008\nCommenced ss 3 and 4: 30 May 2008; rem: 1 July 2008 (Gaz S24,\n30 May 2008)\n\nYouth Justice Act 2005 142\nCross-border Justice Act 2009 (Act No. 1, 2009)\nAssent date 12 March 2009\nCommenced ss 67(b), 68(2)(e), 106, 108, 114, 116 and pt 15, div 6:\n1 December 2009; rem: 1 November 2009 (Gaz S59,\n29 October 2009)\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nYouth Justice Amendment Act 2010 (Act No. 26, 2010)\nAssent date 24 August 2010\nCommenced 24 August 2010\nJustice Legislation Amendment (Committals Reform) Act 2010 (Act No. 31, 2010)\nAssent date 9 September 2010\nCommenced 1 April 2011 (Gaz G13, 30 March 2011, p 8)\nCriminal Code Amendment (Criminal Damage) Act 2011 (Act No. 5, 2011)\nAssent date 16 March 2011\nCommenced 1 June 2011 (Gaz S19,4 May 2011)\nJustice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011)\nAssent date 31 August 2011\nCommenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4,\npt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012\n(Gaz S9, 21 February 2012)\nPenalties Amendment (Children and Families, Health and Primary Industry, Fisheries\nand Resources) Act 2011 (Act No. 28, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)\nJustice and Other Legislation Amendment Act 2014 (Act No. 11, 2014)\nAssent date 16 April 2014\nCommenced 1 July 2014 (Gaz S54, 1 July 2014)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nJustice Legislation Amendment (Summary Procedure) Act 2015 (Act No. 20, 2015)\nAssent date 6 July 2015\nCommenced 21 September 2015 (Gaz S92, 16 September 2015)\nSentencing Legislation Amendment Act 2015 (Act No. 22, 2015)\nAssent date 6 July 2015\nCommenced 29 July 2015 (Gaz G30, 29 July 2015, p 1)\n\nYouth Justice Act 2005 143\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nJustice and Other Legislation Amendment (Records of Depositions and Other Matters)\nAct 2016 (Act No. 16, 2016)\nAssent date 8 June 2016\nCommenced 1 July 2016 (Gaz S59, 1 July 2016)\nYouth Justice Amendment Act 2016 (Act No. 21, 2016)\nAssent date 8 June 2016\nCommenced 1 August 2016 (Gaz S75, 27 July 2016)\nYouth Justice Legislation Amendment Act 2016 (Act No. 36, 2016)\nAssent date 20 December 2016\nCommenced 1 March 2017 (Gaz G9, 1 March 2017, p 15)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nParole Amendment Act 2017 (Act No. 17, 2017)\nAssent date 30 August 2017\nCommenced 13 September 2017 (Gaz G37, 13 September 2017, p 3)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nYouth Justice Legislation Amendment Act 2018 (Act No. 12, 2018)\nAssent date 23 May 2018\nCommenced 24 May 2018 (s 2)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nYouth Justice Amendment Act 2019 (Act No. 7, 2019)\nAssent date 28 March 2019\nCommenced 24 May 2018 (s 2)\nYouth Justice and Related Legislation Amendment Act 2019 (Act No. 32, 2019)\nAssent date 9 October 2019\nCommenced 2 March 2020 (Gaz G5, 5 February 2020, p 2)\nSexual Offences (Evidence and Procedure) Amendment Act 2020 (Act No. 22, 2020)\nAssent date 1 July 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 2)\n\nYouth Justice Act 2005 144\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nYouth Justice Legislation Amendment Act 2021 (Act No. 9, 2021)\nAssent date 14 May 2021\nCommenced 15 May 2021 (s 2)\nTerritory Families Legislation Amendment Act 2021 (Act No. 25, 2021)\nAssent date 15 December 2021\nCommenced pt 4: 13 January 2022 (Gaz S2, 13 January 2022);\nrem: 1 February 2022 (Gaz S3, 31 February 2022)\nCriminal Code Amendment (Age of Criminal Responsibility) Act 2022 (Act No. 30, 2022)\nAssent date 16 December 2022\nCommenced 1 August 2023 (Gaz S50, 27 July 2023)\nSentencing Legislation Amendment Act 2023 (Act No. 11, 2023)\nAssent date 26 May 2023\nCommenced 1 December 2023 (Gaz S81, 30 November 2023)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making\nAct 2023 (Act No. 19, 2023) and Gaz G13, 20 June 2024,\np 2); pts 9 and 10: 1 July 2024 (s 2(3)); pt 8: nc;\nrem: 25 May 2024 (s 2(1))\nBail Legislation Amendment Act 2024 (Act No. 16, 2024)\nAssent date 29 October 2024\nCommenced 6 January 2025 (Gaz S111, 23 December 2024)\nCriminal Code Amendment Act 2024 (Act No. 18, 2024)\nAssent date 29 October 2024\nCommenced 30 October 2024 (s 2)\nBail and Youth Justice Legislation Amendment Act 2025 (Act No. 9, 2025)\nAssent date 30 April 2025\nCommenced 7 May 2025 (s 2)\nYouth Justice Legislation Amendment Act 2025 (Act No. 21, 2025)\nAssent date 11 August 2025\nCommenced 4 September 2025 (Gaz S53, 28 August 2025)\n\nYouth Justice Act 2005 145\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 5, 16, 18, 25, 38, 41, 46,\n51, 53, 55, 56B, 82, 83, 88, 89, 92, 125, 128, 131, 133, 134, 140AA, 144,\n165, 167, 167B, 181, 215B and 229.\n4 LIST OF AMENDMENTS\ns 3 amd No. 21, 2025, s 4\ns 4 amd No. 9, 2025, s 10\ns 5 amd No. 35, 2006, s 45; No. 18, 2010, s 89; No. 26, 2010, s 3; No. 31, 2010,\ns 25; No. 27, 2014, s 56; No. 22, 2015, s 10; No. 9, 2016, s 154; No. 21,\n2016, s 4; No. 19, 2017, s 4; No. 12, 2018, s 4; No. 28, 2018, s 21, No. 7,\n2019, s 4; No. 32, 2019, s 24; No. 9, 2021, s 14; No. 11, 2023, s 4; No. 9,\n2024, s 39; No. 21, 2025, s 5\npt 1\ndiv 3 hdg sub No. 27, 2014, s 48\nins No. 12, 2018, s 5\ns 10 sub No. 27, 2014, s 48\nins No. 12, 2018, s 5\namd No. 7, 2019, s 5; No. 26, 2020, s 3; No. 21, 2025, s 6\ns 11 rep No. 27, 2014, s 48\ns 14 amd No. 27, 2014, s 56; No. 19, 2017, s 11; No. 21, 2025, s 7\ns 15 amd No. 32, 2019, s 25\ns 18 amd No. 32, 2019, s 26; No. 9, 2021, s 15; No. 21, 2025, s 8\ns 22 amd No. 9, 2021, s 16; No. 16, 2024, s 22\ns 24 amd No. 9, 2016, s 159\ns 25 amd No. 26, 2020, s 3\ns 27 sub No. 32, 2019, s 27\ns 30 amd No. 18, 2010, s 89; No. 9, 2016, s 159; No. 12, 2018, s 6\ns 31 amd No. 9, 2016, s 159; No. 12, 2018, s 7\ns 32 amd No. 9, 2016, s 159\ns 33 amd No. 9, 2016, s 159; No. 12, 2018, s 8\ns 35 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 38 amd No. 32, 2019, s 28\ns 38A ins No. 32, 2019, s 29\ns 39 amd No. 4, 2007, s 2; No. 14, 2008, s 4; No. 32, 2019, s 30; No. 9, 2021, s 17\ns 40 sub No. 21, 2025, s 9\ns 42A ins No. 32, 2019, s 31\ns 43 amd No. 28, 2011, s 3; No. 32, 2019, s 32\ns 45 amd No. 9, 2016, s 155\ns 46 sub No. 9, 2016, s 156\ns 46A ins No. 9, 2016, s 156\ns 47 amd No. 1, 2009, s 158; No. 9, 2016, s 159\ns 48 amd No. 1, 2009, s 159\ns 49 amd No. 28, 2011, s 3; No. 9, 2016, s 159\nsub No. 32, 2019, s 33\ns 50 amd No. 28, 2011, s 3\nsub No. 32, 2019, s 33\namd No. 22, 2020, s 8\ns 51 sub No. 37, 2007, s 335\namd No. 9, 2021, s 18\ns 52 amd No. 26, 2010, s 4\n\nYouth Justice Act 2005 146\ns 53 amd No. 26, 2010, s 5; No. 20, 2015, s 15\nsub No. 9, 2016, s 157\namd No. 16, 2016, s 10; No. 32, 2019, s 34\ns 54 sub No. 26, 2010, s 6\ns 54A ins No. 26, 2010, s 6\ns 55 sub No. 26, 2010, s 6\ns 56 sub No. 26, 2010, s 6\ns 56A ins No. 26, 2010, s 6\ns 56B ins No. 31, 2010, s 26\namd No. 9, 2016, s 158\ns 57 amd No. 26, 2010, s 7\ns 58 amd No. 26, 2010, s 8; No. 9, 2016, s 159\ns 61 amd No. 32, 2019, s 35\ns 64 sub No. 32, 2019, s 36\namd No. 9, 2021, s 19; No. 21, 2025, s 10\ns 64A ins No. 32, 2019, s 36\namd No. 9, 2021, s 20\ns 64B ins No. 9, 2021, s 21\ns 65 amd No. 35, 2006, s 46; No. 27, 2014, s 56\npt 5\ndiv 4 hdg ins No. 11, 2023, s 10\ns 80A ins No. 11, 2023, s 10\namd No. 9, 2024, s 40\nss 80B – 80C ins No. 11, 2023, s 10\ns 80D ins No. 11, 2023, s 10\namd No. 9, 2024, s 41\nss 80E – 80F ins No. 11, 2023, s 10\ns 81 amd No. 21, 2025, s 11\ns 82 amd No. 34, 2006, s 24\ns 83 amd No. 24, 2011, s 41; No. 9, 2021, s 22; No. 4, 2024, s 56\ns 85 amd No. 22, 2015, s 11\ns 86 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 87 amd No. 22, 2015, s 12\ns 89A ins No. 9, 2021, s 23\ns 91 amd No. 27, 2014, s 56; No. 19, 2017, s 11\nss 94 – 97 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 98A ins No. 35, 2006, s 47\namd No. 27, 2014, s 56; No. 19, 2017, s 11\nss 101 – 103 amd No. 27, 2014, s 56; No. 19, 2017, s 11\nss 105 – 108 amd No. 27, 2014, s 56\ns 109 rep No. 19, 2017, s 5\ns 110 amd No. 27, 2014, s 56; No. 19, 2017, s 11\nss 112 – 115 amd No. 27, 2014, s 56; No. 19, 2017, s 11\nss 116 – 118 amd No. 19, 2017, s 11\nss 119 – 120 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 121 amd No. 27, 2014, s 56; No. 9, 2016, s 159; No. 19, 2017, s 11\ns 122 amd No. 21, 2025, s 12\ns 123 amd No. 27, 2014, s 56; No. 19, 2017, s 11; No. 32, 2019, s 37\ns 130 amd No. 22, 2015, s 13\ns 131 sub No. 11, 2014, s 15\namd No. 27, 2014, s 56; No. 17, 2017 s 15\ns 132 amd No. 27, 2014, s 56; No. 9, 2016, s 159; No. 17, 2017 s 15\ns 134 amd No. 8, 2016, s 45; No. 4, 2017, s 34\ns 136 sub No. 35, 2006, s 48\nrep No. 21, 2025, s 13\n\nYouth Justice Act 2005 147\ns 137 amd No. 27, 2014, s 56\ns 138 amd No. 9, 2016, s 159\npt 6AA hdg ins No. 19, 2017, s 6\ndiv 1 hdg ins No. 19, 2017, s 6\ns 140AA ins No. 19, 2017, s 6\ndiv 2 hdg ins No. 19, 2017, s 6\nss 140AB –\n140AE ins No. 19, 2017, s 6\ndiv 3 hdg ins No. 19, 2017, s 6\ns 140AF ins No. 19, 2017, s 6\namd No. 12, 2018, s 9\nss 140AG –\n140AH ins No. 19, 2017, s 6\npt 6A hdg ins No. 14, 2008, s 5\ndiv 1 hdg ins No. 14, 2008, s 5\ns 140A ins No. 14, 2008, s 5\namd No. 9, 2021, s 24\ns 140B ins No. 14, 2008, s 5\namd No. 9, 2021, s 25\ns 140C ins No. 14, 2008, s 5\namd No. 9, 2021, s 26\ns 140CA ins No. 9, 2021, s 27\ndiv 2 hdg ins No. 14, 2008, s 5\ns 140D ins No. 14, 2008, s 5\ns 140E ins No. 14, 2008, s 5\namd No. 9, 2021, s 28\ns 140F ins No. 14, 2008, s 5\namd No. 9, 2021, s 29\ndiv 3 hdg ins No. 14, 2008, s 5\namd No. 9, 2021, s 30\ns 140G ins No. 14, 2008, s 5\ns 140H ins No. 14, 2008, s 5\namd No. 9, 2021, s 31\nss 140J –\n140K ins No. 14, 2008, s 5\ns 140L ins No. 14, 2008, s 5\namd No. 32, 2019, s 38\ns 140M ins No. 14, 2008, s 5\ndiv 4 hdg ins No. 14, 2008, s 5\nss 140N –\n140R ins No. 14, 2008, s 5\nss 142 – 143 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 144 amd No. 9, 2016, s 159\ns 146 amd No. 9, 2016, s 159\n\nYouth Justice Act 2005 148\npt 8\ndiv 1AA hdg ins No. 21, 2025, s 14\nss 147A –\n147C ins No. 21, 2025, s 14\ns 150 amd No. 32, 2019, s 39\ns 151AA ins No. 21, 2016, s 5\namd No. 36, 2016, s 4; No. 19, 2017, s 11\nrep No. 12, 2018, s 10\nss 151AB ins No. 21, 2016, s 5\nsub No. 36, 2016, s 5\namd No. 12, 2018, s 11\nrep No. 21, 2025, s 15\ns 151 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 152 amd No. 21, 2016, s 6; No. 12, 2018, s 12\ns 153 amd No. 27, 2014, s 56; No. 21, 2016, s 7; No. 19, 2017, s 11,\nsub No. 12, 2018, s 13\namd No. 7, 2019, s 6; No. 21, 2025, s 16\ns 154 sub No. 27, 2014, s 49\nrep No. 19, 2017, s 7\nins No. 12, 2018, s 13\namd No. 28, 2018, s 22, No. 7, 2019, s 7; No. 21, 2025, s 17\ns 155 sub No. 21, 2016, s 8; No. 12, 2018, s 13\namd No. 7, 2019, s 8; No. 21, 2025, s 18\ns 155A ins No. 12, 2018, s 13\namd No. 7, 2019, s 9\nrep No. 21, 2025, s 19\ns 155B ins No. 12, 2018, s 13\nrep No. 21, 2025, s 19\ns 156 amd No. 12, 2018, s 14; No. 21, 2025, s 20\ns 157 amd No. 27, 2014, s 50; No. 19, 2017, s 11\ns 157A ins No. 27, 2014, s 51\namd No. 21, 2016, s 9; No. 19, 2017, s 11\nrep No. 21, 2025, s 21\ns 157B ins No. 27, 2014, s 51\namd No. 21, 2016, s 10\nrep No. 19, 2017, s 7\ns 158 amd No. 27, 2014, s 56; No. 21, 2016, s 11; No. 19, 2017, s 11\ns 158A ins No. 21, 2016, s 12\namd No. 36, 2016, s 6; No. 19, 2017, s 11; No. 21, 2025, s 22\npt 8\ndiv 2A hdg ins No. 21, 2025, s 23\nss 158B –\n158G ins No. 21, 2025, s 23\ns 159 amd No. 27, 2014, s 56; No. 9, 2016, s 159; No. 19, 2017, s 11; No. 12,\n2018, s 15\ns 160 amd No. 27, 2014, s 56; No. 19, 2017, s 11; No. 12, 2018, s 16; No. 28,\n2018, s 23\ns 161 sub No. 12, 2018, s 17\namd No. 7, 2019, s 10; No. 32, 2019, s 40; No. 21, 2025, s 24\ns 163 amd No. 5, 2009, s 179\nss 164 – 165 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 167 amd No. 27, 2014, s 52\nsub No. 21, 2025, s 25\ns 167A ins No. 27, 2014, s 53\ns 167B ins No. 19, 2017, s 8\ns 168 amd No. 28, 2011, s 3\ns 168A ins No. 7, 2019, s 11\n\nYouth Justice Act 2005 149\ns 170 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 175 amd No. 27, 2014, s 56; No. 19, 2017, s 11; No. 12, 2018, s 18; No. 28,\n2018, s 24\nss 176 – 178 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 180 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 181 amd No. 27, 2014, s 56; No. 30, 2022, s 16; No. 18, 2024, s 20\ns 193 amd No. 21, 2025, s 26\nss 195 – 199 amd No. 28, 2011, s 3\nss 200 – 201 amd No. 28, 2011, s 3; No. 27, 2014, s 56; No. 19, 2017, s 11\npt 13 hdg rep No. 21, 2025, s 27\nss 202 – 205 rep No. 21, 2025, s 27\ns 206 amd No. 27, 2014, s 56; No. 19, 2017, s 11\nrep No. 21, 2025, s 27\nss 207 – 213 rep No. 21, 2025, s 27\ns 214 amd No. 28, 2011, s 3; No. 25, 2021, s 28\ns 215 amd No. 27, 2014, s 54; No. 19, 2017, s 9\ns 215A ins No. 27, 2014, s 55\namd No. 19, 2017, s 11\ns 215B ins No. 27, 2014, s 55\namd No. 32, 2019, s 41\ns 216 amd No. 27, 2014, s 56; No. 19, 2017, s 11\ns 216A ins No. 21, 2025, s 28\ns 217 amd No. 27, 2014, s 56; No. 19, 2017, s 11\npt 16 hdg ins No. 26, 2010, s 9\nss 224 – 225 ins No. 26, 2010, s 9\npt 17 hdg ins No. 5, 2011, s 9\nsub No. 11, 2014, s 16\ndiv 1 hdg ins No. 11, 2014, s 16\ns 226 ins No. 5, 2011, s 9\ndiv 2 hdg ins No. 11, 2014, s 17\ns 227 ins No. 11, 2014, s 17\ndiv 3 hdg ins No. 22, 2015, s 14\ns 228 ins No. 22, 2015, s 14\ndiv 4 hdg ins No. 19, 2017, s 10\nss 229 – 232 ins No. 19, 2017, s 10\ndiv 5 hdg ins No. 12, 2018, s 19\nss 233 – 235 ins No. 12, 2018, s 19\ndiv 6 hdg ins No. 32, 2019, s 42\nss 236 – 238 ins No. 32, 2019, s 42\ndiv 7 hdg ins No. 22, 2020, s 9\ns 239 ins No. 22, 2020, s 9\ndiv 9 hdg ins No. 11, 2023, s 11\ns 241 ins No. 11, 2023, s 11\ndiv 10 hdg ins No. 21, 2025, s 29\nss 242 – 245 rep No. 21, 2025, s 29","sortOrder":273}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 2005 Act primarily continued the Juvenile Court as the Youth Justice Court, set basic principles, apprehension rules, diversion, sentencing options up to detention and core detention centre governance. Through successive amendments its scope has grown well beyond that initial purpose to encompass electronic monitoring and prescribed alcohol/drug testing (Part 6AA), enforceable family responsibility agreements and inquiries (Part 6A), specialised community court sentencing using Aboriginal experience reports and Law and Justice Groups (Part 5 Division 4), detailed operational rules on detainee separation, restraints, registers of use, medical separation and behavioural separation with mandatory CEO/Children's Commissioner reporting (Division 2A of Part 8), expanded CEO functions, interstate transfer enhancements, and extensive transitional provisions that layer new procedures onto older matters."},"complexity_factors":["Over 245 sections plus schedules across 17 Parts with 10+ transitional divisions for repeated amendments","Section 5 contains more than 60 defined terms, many cross-referencing other statutes (e.g. 'monitoring order', 'Aboriginal experience report', 'restricted drug')","Heavy nesting of conditions and exceptions, e.g. forensic procedures (ss 29–34), detainee separation (ss 158B–158G with medical/behavioural/voluntary categories and hourly checks)","Frequent cross-references to at least 12 other Acts including Sentencing Act 1995, Bail Act 1982, Care and Protection of Children Act 2007, Police Administration Act 1978 and Fines and Penalties (Recovery) Act 2001","Procedural overlays such as closed courts (s 49), mandatory pre-sentence reports (s 69), community court sentencing with Aboriginal experience reports (ss 80A–80F), and detailed breach/revocation pathways for every order type"],"plain_english_summary":"**The Youth Justice Act 2005** is the key Northern Territory law that sets out how the justice system handles young people (called 'youths' – anyone under 18, or who looks under 18 if age isn't proven) who are accused of committing crimes or have been found guilty. \n\nIt starts with core **principles** (section 4) that everyone must follow: hold the youth accountable but treat them according to their age and maturity, focus on rehabilitation so they can rejoin the community, involve families where possible, respect cultural identity (especially for Aboriginal youths), consider victims' rights, and prefer non-court options like warnings or diversion programs if suitable. \n\nThe Act explains police rules for arrests, interviews, searches and forensic tests (Part 2), requiring support persons (like a parent or lawyer) in most cases and special care to explain things simply. It creates ways to divert youths from court for minor matters (Part 3), sets up the specialised Youth Justice Court that usually sits in private with name publication bans (Parts 4–5), lists sentencing choices from fines and community work to detention (Part 6), and details how detention centres must operate – including rules on force, restraints, separation of detainees, medical care, complaints and early release (Part 8). \n\nLater parts cover monitoring devices for community orders, family responsibility agreements to help parents supervise better, appeals, interstate transfers, offences like escaping detention, and confidentiality rules. \n\nIt affects youths, their families ('responsible adults'), police, courts, detention staff, victims and community justice groups. It matters because it aims to break the cycle of offending by prioritising rehabilitation, cultural sensitivity and timely decisions while still protecting the public and giving victims a voice – rather than treating youths exactly like adults."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally replaced the Juvenile Justice Act 1983 with a modernised youth justice framework. However, subsequent amendments have significantly expanded its scope: adding family responsibility agreements (Part 6A in 2008), monitoring and alcohol/drug testing (Part 6AA in 2017), community court sentencing for Aboriginal youth (Part 5 Division 4 in 2023), and detailed separation procedures for detainees (Division 2A of Part 8 in 2025). These additions go well beyond the original core of police procedure and court sentencing, introducing new coercive powers and administrative mechanisms."},"complexity_factors":["More than 40 defined terms in the main interpretation section (s 5), many referencing other Acts","Extensive cross-references to other NT legislation (e.g., Bail Act, Sentencing Act, Parole Act, Local Court Act)","Multiple layers of conditional logic in forensic procedures (ss 30-33) requiring approval from judges or senior police","Nested exceptions and exemptions throughout, e.g., in diversion (s 39), exclusion of evidence (s 59), and breach of orders (s 121)","Detailed and prescriptive detention centre management rules (Part 8), including separation of detainees into four distinct categories (ss 158B-158G)","Numerous transitional provisions across more than 10 amendment Acts (Parts 15-17), creating multiple effective versions of key sections","Complex sentencing options with 11 distinct types of orders (s 83), each with its own Division of detailed rules","Length: over 140 sections and multiple schedules, covering 150+ pages"],"plain_english_summary":"This is the main law for dealing with young people (under 18) who commit crimes in the Northern Territory. It creates a separate Youth Justice Court and sets out special rules for how police, courts, and detention centres must handle youths. Police are encouraged to use alternatives to charging, such as warnings, youth justice conferences, or diversion programs. If a case goes to court, judges have a wide range of sentencing options—from dismissing the charge or giving a good behaviour order, up to detention (for up to 2 years for those 15 or older, 12 months for those under 15). The law emphasises making young offenders take responsibility, rehabilitating them, and keeping them with their families where possible. It also covers forensic procedures (like DNA samples), searches, support persons, and the running of youth detention centres. The Act has been amended many times, adding things like electronic monitoring, alcohol/drug testing, and special sentencing procedures for Aboriginal youths."}},"importantCases":[],"_links":{"self":"/api/acts/youth-justice-act-2005","history":"/api/acts/youth-justice-act-2005/history","analysis":"/api/acts/youth-justice-act-2005/analysis","conflicts":"/api/acts/youth-justice-act-2005/conflicts","importantCases":"/api/acts/youth-justice-act-2005/important-cases","documents":"/api/acts/youth-justice-act-2005/documents"}}