{"id":"youth-justice-act-2024","name":"Youth Justice Act 2024","slug":"youth-justice-act-2024","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176368,"registerId":"vic-youth-justice-act-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"543","sectionType":"section","heading":"Offence to communicate with child or young person on leave from youth justice custodial centre 470","content":"543 Offence to communicate with child or young person on leave from youth justice custodial centre 470\n\n544 Offence to deliver or introduce certain items to youth justice custodial centre or youth justice community service centre 471\n\n545 Offence to take or receive articles or things from child or young person in youth justice custodial centre or youth justice community service centre without consent 472\n\n546 Offences to deliver or leave articles or things for introduction into youth justice custodial centre or youth justice community service centre 473\n\n","sortOrder":0},{"sectionNumber":"547","sectionType":"section","heading":"Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre 474","content":"547 Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre 474\n\n548 Offence to refuse or fail to leave youth justice custodial centre or youth justice community service centre when required to do so 474\n\n549 Person may be apprehended without warrant for certain offences 475\n\nPart 10.6—Change of name applications and acknowledgement of sex applications 476\n\nDivision 1—Approval to make change of name applications 476\n\n550 Application of Division 476\n\n551 Offence to make a change of name application without approval 476\n\n552 Application by child or young person in youth justice custodial centre or other person for approval to make a change of name application 476\n\n553 Approval by Secretary to make a change of name application 477\n\n554 Copy of Secretary's approval or refusal 477\n\n555 Registration of name change 478\n\n556 Victorian BDM Registrar may correct Register 478\n\nDivision 2—Approval to make acknowledgement of sex applications 479\n\n557 Application of Division 479\n\n558 Offence to make an acknowledgement of sex application without approval 479\n\n559 Application by child or young person in youth justice custodial centre or other person for approval to make an acknowledgement of sex application 479\n\n560 Approval by Secretary to make an acknowledgement of sex application 480\n\n561 Copy of Secretary's approval or refusal 481\n\nPart 10.7—Other provisions relating to youth justice custodial centres 482\n\n562 Detention in default of payment of a fine 482\n\n563 Bringing of child or young person before court 482\n\n564 Power of police to arrest person in youth justice custodial centre 483\n\n565 Interstate transfers of young offenders 484\n\n566 Secrecy of security arrangements 485\n\nChapter 11—Children and young persons held in police gaols or in custody of transfer officer under transfer authority 490\n\nPart 11.1—Rights of children in police gaols 490\n\n567 Rights of children in police gaols 490\n\n568 Chief Commissioner of Police to ensure rights are complied with 490\n\n569 Right in police gaol—separate accommodation 491\n\n570 Right in police gaol—communication 491\n\n571 Right in police gaol—individual needs and environment 492\n\n572 Right in police gaol—making complaints 493\n\n573 Right in police gaol—being informed 493\n\nPart 11.2—Children and young persons detained in police gaols or in custody of transfer officer under transfer authority 494\n\nDivision 1—Application of this Part 494\n\n574 No application to child held in custody in police gaol under Terrorism (Community Protection) Act 2003 494\n\n575 Disapplication of provisions of the Corrections Act 1986 494\n\n576 Authority of police custody officer supervisors and police custody officers 495\n\nDivision 2—Prohibited actions 495\n\n577 Prohibited actions 495\n\nDivision 3—Use of force in police gaol or in custody of transfer officer under transfer authority 496\n\n578 Use of force prohibited in certain circumstances 496\n\n579 Prohibited physical restraint techniques in police gaols or in custody of a transfer officer under transfer authority 497\n\n580 Use of instruments of restraint prohibited except in certain circumstances 498\n\nDivision 4—Unclothed searches 500\n\n581 Unclothed search of child held in custody in a police gaol 500\n\n582 Use of reasonable force for unclothed searches must be authorised 501\n\n583 Requirements before conducting unclothed searches in police gaols 502\n\n584 Conduct of unclothed searches in police gaols 503\n\n585 Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol 504\n\n586 Actions after completion of an unclothed search 505\n\n587 Child to be informed about complaints and actions required after unclothed search 506\n\nDivision 5—General requirements for use of force 507\n\n588 General requirements applying to use of force 507\n\n589 Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part 510\n\n590 Actions to be taken after child or young person in custody of transfer officer under transfer authority is subjected to use of force under this Part 512\n\n591 Child to be informed of rights to complain and entitlements under this Division 513\n\nChapter 12—Youth parole 516\n\nPart 12.1—Youth Parole Board 516\n\nDivision 1—The Youth Parole Board 516\n\n592 Youth Parole Board 516\n\n593 Terms and conditions of office 517\n\n594 Deputy chairperson to act as chairperson 519\n\n595 Divisions of the Youth Parole Board 519\n\n596 Aboriginal division of the Youth Parole Board 520\n\n597 Meetings of the Youth Parole Board 521\n\n598 Quorum 522\n\n599 Validity of acts or decisions of the Youth Parole Board 522\n\n600 Youth Parole Board secretary 523\n\n601 Youth Parole Board secretary or member may act on behalf of Youth Parole Board 524\n\n602 Evidentiary provisions 524\n\n603 Immunity of Youth Parole Board members and secretary from liability 524\n\n604 Youth Parole Board annual reports 525\n\n605 Additional reports 526\n\nDivision 2—General powers and jurisdiction of the Youth Parole Board 527\n\n606 Powers of Youth Parole Board 527\n\n607 Power of Youth Parole Board to compel production of documents and other things or attendance of witnesses 527\n\n608 Variation or revocation of notice to produce or notice to attend 528\n\n609 Service of notice to produce or notice to attend 529\n\n610 Power of Youth Parole Board to compel attendance of witnesses does not affect power of Board to direct child or young person on parole to attend for interview 531\n\n611 Appearance by audio visual link 531\n\n612 Notice to attend issued to child or young person detained in a youth justice custodial centre 532\n\n613 Power to take evidence on oath or affirmation 533\n\n614 Offence to fail to comply with a notice to produce or attend 533\n\n615 Offence to fail to take oath, make affirmation or answer question 534\n\n616 Costs of attending meeting of the Youth Parole Board 534\n\n617 Protection of members of the Youth Parole Board at Youth Parole Board meetings 535\n\nDivision 3—Jurisdiction of the Youth Parole Board 535\n\n618 Children and young persons detained in youth justice custodial centre subject to Youth Parole Board 535\n\nDivision 4—Information sharing about incidents and release on parole 536\n\n619 Secretary must give certain information to Youth Parole Board about incidents 536\n\n620 Information sharing by Youth Parole Board about release on parole 537\n\nPart 12.2—Release on parole from youth justice custodial centre 538\n\nDivision 1—Explanation and use of information 538\n\n621 Explanation of parole orders and decision-making criteria 538\n\n622 Use of information given by persons on Youth Justice Victims Register 539\n\n623 Use of victim impact statement 539\n\n624 Use of parole stage group conference report 540\n\n625 Limitation on Youth Parole Board's consideration of terrorism risk information 540\n\n626 Secretary may provide terrorism risk information for purposes of this Part 541\n\nDivision 2—Release on parole 541\n\n627 Release on parole from youth justice custodial centre 541\n\n628 Release on parole of young person subject to youth justice custodial order under section 10AA(2) of the Sentencing Act 1991 542\n\n629 Determination of parole where terrorism risk information provided 542\n\n630 Presumption against release on parole in case of terrorism risk 543\n\n631 Conditions of a youth parole order 544\n\n632 Standard conditions of youth parole order 544\n\n633 Additional parole conditions to be imposed in relation to certain offences 545\n\n634 Special parole conditions 547\n\n635 Child or young person still under sentence until end of parole period 547\n\nDivision 3—Cancellation of parole 548\n\n636 Cancellation of parole 548\n\n637 Youth Parole Board must consider cancelling parole of child or young person charged with terrorism or foreign incursion offences in certain circumstances 549\n\n638 Youth Parole Board must consider cancelling parole of child or young person who gains a terrorism record while on parole 550\n\n639 Youth Parole Board must consider cancelling parole if new terrorism risk information provided 550\n\n640 Warrant may be issued if parole cancelled 551\n\n641 Execution of warrant issued under section 640 552\n\n642 Cancellation of parole may be revoked 553\n\n643 Youth Parole Board may release on parole more than once 553\n\nDivision 4—Authorised youth justice community workers 554\n\n644 Secretary may authorise youth justice community worker to perform functions and exercise duties and powers under youth parole orders 554\n\nPart 12.3—Parole stage group conference 555\n\n645 Referral for parole stage group conference 555\n\n646 Assessment for parole stage group conference 555\n\n647 Conference will only proceed with consent of child or young person 555\n\n648 Date and time of parole stage group conference 556\n\n649 Attendees of parole stage group conference 556\n\n650 Objects of parole stage group conference 557\n\n651 Conduct of parole stage group conference 558\n\n652 Report of parole stage group conference 558\n\n653 Confidentiality 558\n\nPart 12.4—Youth Justice Victims Register 560\n\n654 Youth Justice Victims Register 560\n\n655 Functions and powers of the Secretary in relation to the Youth Justice Victims Register 560\n\n656 Application to be included on the Youth Justice Victims Register 560\n\n657 Inclusion on the Youth Justice Victims Register 562\n\n658 Appointment of nominee 562\n\n659 Person on the Youth Justice Victims Register to be given certain information 564\n\n660 Confidentiality of information 565\n\n661 Offence to publish information disclosed under section 659 565\n\n662 Removal of person from Youth Justice Victims Register 568\n\n663 Removal of nominee from Youth Justice Victims Register 568\n\n664 Person on Youth Justice Victims Register may supply information to Youth Parole Board 569\n\nChapter 13—Transfers 571\n\nPart 13.1—Transfer directions 571\n\nDivision 1—Preliminary 571\n\n665 Limitation of Youth Parole Board's consideration of terrorism risk information 571\n\n666 Entitlement to legal advice prior to transfer application under Division 2 or 4 being heard and determined 571\n\nDivision 2—Transfer from youth justice custodial centre to prison 572\n\n667 Secretary may apply to Youth Parole Board to transfer child or young person to prison 572\n\n668 Secretary may apply for transfer of child 18 years of age or over or young person to prison 574\n\n669 Child or young person may apply for transfer to prison 574\n\n670 Youth Parole Board must transfer child or young person to prison prior to child or young person turning 25 years of age 575\n\n671 Transfer of other existing youth justice custodial orders in force at time a transfer direction is given 576\n\n672 Custody—transfer to prison 576\n\n673 Parole—transfer to prison 577\n\nDivision 3—Transfer from prison to youth justice custodial centre 578\n\n674 Child or young person in prison may be transferred to youth justice custodial centre 578\n\n675 Effect of transfer on sentence 579\n\n676 Custody—transfer to youth justice custodial centre 579\n\n677 Parole—transfer to youth justice custodial centre 580\n\nDivision 4—Other directions and general matters 581\n\n678 Child or young person transferred to prison—default of payment of fine or sum of money 581\n\n679 Child or young person in youth justice custodial centre sentenced to imprisonment 581\n\n680 Child or young person in prison sentenced to detention in youth justice custodial centre 583\n\n681 Transfers unaffected by appeal 584\n\nPart 13.2—Service of sentences of detention and sentences of imprisonment 586\n\n682 Child or young person in youth justice custodial centre sentenced to term of imprisonment—presumption of concurrent service of sentences 586\n\n683 Child or young person in prison sentenced to term of detention in youth justice custodial centre—presumption of concurrent service of sentences 586\n\n684 Serving sentence of detention in youth justice custodial centre and held in custody elsewhere 587\n\nChapter 14—Multi-agency panels and high risk panel 589\n\nPart 14.1—Multi-agency panels 589\n\n685 Secretary may establish multi-agency panels 589\n\n686 Membership of multi-agency panels 589\n\n687 Purpose of multi-agency panels 590\n\n688 Functions of multi-agency panels 590\n\n689 Who is a *MAP eligible child or young person*? 591\n\n690 Cooperation and shared responsibility 592\n\n691 Chair may assess and accept MAP eligible child or young person for oversight by multi-agency panel 592\n\n692 Confidentiality of multi-agency panel meetings and information 593\n\nPart 14.2—High risk panel 594\n\n693 Commissioner for Youth Justice may establish high risk panel 594\n\n694 Membership of high risk panel 594\n\n695 Purpose of high risk panel 594\n\n696 Functions of high risk panel 595\n\n697 Cooperation and shared responsibility 596\n\n698 Assessment for admission to high risk panel 597\n\n699 Confidentiality of high risk panel meetings and information 597\n\nChapter 15—Sharing of confidential information 598\n\nPart 15.1—Sharing of confidential information 598\n\n700 Application of Part 598\n\n701 What is an official duty? 598\n\n702 Who is an official person? 600\n\n703 Who is an information holder? 600\n\n704 Request for confidential information from a relevant person 602\n\n705 Disclosure of confidential information without request 603\n\n706 Disclosure of confidential information to interstate youth justice agency 604\n\n707 Disclosure of information for purposes of sentencing 604\n\n708 Disclosure of confidential information for case management, case planning and service delivery purposes 605\n\n709 Disclosure to a parent or legal representative 605\n\n710 Disclosure made in good faith protected 606\n\n711 No consent required from person to whom confidential information relates 607\n\n712 Relevant persons and panel members authorised to use and disclose confidential information despite specified provisions 607\n\n713 Offence for unauthorised disclosure of confidential information 607\n\n714 Offence for unauthorised use of confidential information 608\n\nPart 15.2—Sharing of terrorism risk information 610\n\n715 What is the permitted purpose for disclosing information under this Part? 610\n\n716 Secretary or Department may disclose terrorism risk information 611\n\n717 Youth Parole Board may disclose terrorism risk information 611\n\nChapter 16—System planning, performance, collaboration and accountability 612\n\n718 Strategic plan 612\n\n719 Publication of prescribed information—operation of youth justice system 612\n\n720 Obligations in delivery of services in youth justice system 613\n\n721 Publication of prescribed information—accountability measures to improve outcomes for Aboriginal children and young persons 614\n\nChapter 17—Children and Young Persons Infringement Notice System (CAYPINS) 615\n\nPart 17.1—Preliminary 615\n\n722 Application of CAYPINS procedure 615\n\n723 Certain agencies may give information for enforcement purposes 616\n\n724 Court may order infringement penalty be dealt with through CAYPINS procedure 617\n\nPart 17.2—Enforcement of infringement notices 619\n\n725 Enforcement agency to provide documents for registration of infringement penalty 619\n\n726 Registration of infringement penalty 622\n\n727 Multiple registered infringement penalties may be dealt with together 623\n\n728 Extended period for registration if work and development permit cancelled 624\n\n729 Enforcement agency may request cancellation of registration 624\n\n730 Notice of registration 625\n\n731 Child's options 626\n\n732 Applications concerning extended time to pay registered amount 629\n\n733 Registrar's enforcement decision 630\n\n734 Notice of enforcement decision 633\n\n735 Court review of CAYPINS enforcement order 634\n\n736 Effect of CAYPINS cancellation order 635\n\n737 CAYPINS enforcement hearing 636\n\n738 Effect of orders made under this Part 636\n\n739 Expiry of CAYPINS enforcement orders and CAYPINS cancellation orders 637\n\n740 Reinstatement of order made under this Part 638\n\n741 Service of documents 639\n\nPart 17.3—Cancellation of infringement notice 640\n\n742 Cancellation of infringement notice if child not aware 640\n\n743 Powers of Children's Court to cancel infringement notice 641\n\nPart 17.4—Decision to go to court 643\n\n744 Commencing proceeding for summary offence 643\n\nChapter 18—General 646\n\nPart 18.1—Additional safeguards 646\n\n745 Statements by child or young person participating in treatment or rehabilitation program not admissible in proceedings 646\n\n","sortOrder":1},{"sectionNumber":"746","sectionType":"section","heading":"Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced 647","content":"746 Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced 647\n\n747 Statements by child or young person participating in restorative justice program not admissible in subsequent proceedings 647\n\nPart 18.2—Powers in relation to medical services 649\n\n748 Powers in relation to assessment, medical treatment and admission to hospital 649\n\nPart 18.3—Cultural support plans for Aboriginal children and young persons 651\n\n749 Objects of cultural support plan 651\n\n750 Development of cultural support plan 651\n\n751 Secretary to assist Aboriginal child or young person to develop cultural support plan in accordance with request 652\n\n752 Record of cultural support plan 653\n\n753 Use of cultural support plan 653\n\n754 Report to Commission for Children and Young People 654\n\nPart 18.4—Establishment, approval and abolition of youth justice services 655\n\n755 Establishment or abolition of youth justice custodial centre 655\n\n756 Establishment, approval or abolition of youth justice community service centre 655\n\n757 Approval of services 655\n\nPart 18.5—Matters relating to group conferences 657\n\n758 Person engaged to convene group conferences 657\n\n759 Functions of group conference convenor 657\n\n760 Remote conduct of or participation in group conference 658\n\n761 Obligation to keep records 658\n\n762 Financial assistance for victims of crime 659\n\nPart 18.6—Enforcement and other matters 660\n\n763 Offence to obstruct Secretary, Commissioner or employee 660\n\n764 Requirements relating to reporting 660\n\nPart 18.7—Limitation of the Supreme Court's jurisdiction 661\n\n765 Supreme Court—limitation of jurisdiction 661\n\nPart 18.8—Regulations 662\n\n766 Regulations 662\n\n767 Regulations dealing with transitional matters 666\n\nChapter 19—Transitional provisions and consequential amendments relating to minimum age of criminal responsibility 668\n\nPart 19.1—Transitional provisions 668\n\n768 Definitions 668\n\n769 Person cannot be held criminally responsible for conduct at 10 or 11 years of age 668\n\n770 Person must be released from custody for offence committed at 10 or 11 years of age 669\n\n771 Criminal proceeding on foot 669\n\n772 Criminal proceeding adjourned for therapeutic treatment order or protection order 670\n\n773 Conviction or finding of guilt to be set aside 671\n\n774 Presumption that person cannot be held criminally responsible for conduct at 12 or 13 years of age 673\n\n775 Power to resolve transitional difficulties in proceeding 674\n\n776 Regulations dealing with transitional matters—minimum age of criminal responsibility 675\n\n777 Costs 675\n\n778 No new entitlement to compensation 676\n\nPart 19.2—Amendment of Bail Act 1977 678\n\n779 Definitions 678\n\n780 Determination in relation to a child 678\n\nPart 19.3—Amendment of Children, Youth and Families Act 2005 679\n\n781 Definitions 679\n\n782 Part 5.1 repealed 679\n\n783 Time limits for filing a charge-sheet 679\n\n784 Children to be proceeded against by summons 680\n\n785 Matters to be taken into account 680\n\n786 Court may make youth residential centre order 680\n\n787 Rules 680\n\n788 Schedule 3—Definitions 681\n\nPart 19.4—Amendment of Commission for Children and Young People Act 2012 682\n\n789 Delegation 682\n\n790 Definition 682\n\n791 Section 60 amended 682\n\nPart 19.5—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 684\n\n792 Definitions 684\n\n793 Section 38ZG repealed 684\n\n794 How long does a supervision order last? 684\n\n795 New section 91 inserted 685\n\nPart 19.6—Amendment of Crimes Act 1958 687\n\nDivision 1—Conspiracy, incitement, recruitment and complicity 687\n\n796 Conspiracy to commit an offence 687\n\n797 New section 321AA inserted 687\n\n798 New section 321GA inserted 688\n\n799 Definitions 688\n\n800 Recruiting a child to engage in criminal activity 689\n\n801 Child need not engage in conduct or be prosecuted or found guilty of an offence 689\n\n802 Limitation on prosecution 689\n\n803 New section 324AB inserted 689\n\nDivision 2—Investigation, fingerprinting and forensic procedures 690\n\n804 Questioning or investigation of person already held for another matter 690\n\n805 Fingerprinting of children aged 14 or under 691\n\n806 Children's Court may order fingerprinting 692\n\n807 Forensic procedure on child 692\n\n808 Forensic procedure following the commission of forensic sample offence 693\n\n809 Forensic procedure following finding of not guilty because of mental impairment 693\n\nDivision 3—Destruction of records 694\n\n810 New sections 464ZGFC and 464ZGFD inserted 694\n\nPart 19.7—Amendment of Criminal Procedure Act 2009 698\n\n811 Definitions 698\n\n812 Commencement of a criminal proceeding in the Magistrates' Court 699\n\n813 Summons or warrant to be accompanied by charge-sheet and notice when served 699\n\n814 Contents of preliminary brief 699\n\n815 Contents of full brief 699\n\n816 Documents to be provided by police at first mention hearing 700\n\n817 Summary case conference 700\n\n818 Contents of hand-up brief 700\n\n819 Contents of plea brief 700\n\n820 Powers of court at directions hearing 700\n\n821 Court may make orders and other decisions before trial 701\n\n822 Pre-trial orders and other decisions generally binding on trial judge 701\n\n823 New Division 5 of Part 5.5 inserted 701\n\n824 Determination of appeal 706\n\n825 New section 300A inserted 706\n\n826 Meaning of fresh and compelling evidence 708\n\nPart 19.8—Amendment of Family Violence Protection Act 2008 709\n\n827 Contravention of family violence intervention order 709\n\n828 Contravention of order intending to cause harm or fear for safety 709\n\n829 Persistent contravention of notices and orders 709\n\nPart 19.9—Amendment of Fines Reform Act 2014 711\n\n830 Definitions 711\n\n831 New section 201C inserted 711\n\nPart 19.10—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 714\n\n832 Disclosure or provision of information by the IBAC 714\n\nPart 19.11—Amendment of Infringements Act 2006 715\n\n833 Definitions 715\n\n834 New Division 4 of Part 16 inserted 715\n\nPart 19.12—Amendment of Jury Directions Act 2015 719\n\n835 Application of Act to criminal proceedings without juries 719\n\nPart 19.13—Amendment of Open Courts Act 2013 720\n\n836 Other laws restricting or prohibiting publication not affected 720\n\nPart 19.14—Amendment of Personal Safety Intervention Orders Act 2010 721\n\n837 Section 18 amended 721\n\n838 Division 4—Justice Legislation Miscellaneous Amendment Act 2018—statute law revision 721\n\n839 New Division 6 of Part 13 inserted 722\n\nPart 19.15—Amendment of Sentencing Act 1991 725\n\n840 Factors to be considered in determining offender's character 725\n\nPart 19.16—Amendment of Spent Convictions Act 2021 726\n\n841 Definitions 726\n\n842 Use of criminal record information by law enforcement agencies, courts and tribunals 729\n\n843 Collection, use and disclosure of criminal record information by Court Services Victoria 730\n\n844 New Part 4A inserted 730\n\n845 Regulations 739\n\nPart 19.16A—Amendment of Summary Offences Act 1966 741\n\n845A Contravening certain conduct conditions of bail undertakings 741\n\nPart 19.17—Amendment of Victims' Charter Act 2006 742\n\n846 Definition of *person adversely affected by crime* 742\n\n847 Definition of *victim* 743\n\n848 Objects 744\n\n849 Nomination of representatives 744\n\n850 Victims' privacy 745\n\n851 Information regarding complaints process for persons adversely affected by crime 745\n\nPart 19.18—Amendment of Youth Justice Act 2024 747\n\n852 Definitions 747\n\n853 Commission for Children and Young People not to prejudice legal proceedings or investigations 747\n\nPart 19.19—Repeal of amending Parts 748\n\n854 Repeal of amending Parts 748\n\nChapter 20—Additional amendments to the Children, Youth and Families Act 2005 749\n\nPart 20.1—Additional amendments to the Children, Youth and Families Act 2005 749\n\n855 New sections 347B and 347C inserted 749\n\n856 New section 491A inserted 750\n\nPart 20.2—Repeal of this Chapter 752\n\n857 Repeal of this Chapter 752\n\nChapter 21—Transitional provisions 753\n\nPart 21.1—General transitional provisions 753\n\n858 Definitions 753\n\n859 General transitional provision 753\n\n860 Renumbering 753\n\n861 References to a superseded provision 754\n\nPart 21.2—Early diversion group conferences 755\n\n862 Early diversion group conferences 755\n\nPart 21.3—Criminal proceedings 756\n\n863 Criminal proceedings and imposition of sentence 756\n\nPart 21.4—Sentencing 757\n\n864 Deferrals of sentence 757\n\n865 Maximum period of a youth justice custodial order—offences relating to remand centres, youth justice centres and youth residential centres 757\n\nPart 21.5—Youth justice services 760\n\n866 Transitional provision—youth justice custodial centres 760\n\n867 Transitional provision—youth justice community service centres 760\n\n868 Transitional provision—services 761\n\n869 References to remand centres, youth residential centres, youth justice centres and youth justice units 761\n\n870 References to remand centres, youth residential centres and youth justice centres in Children, Youth and Families Act 2005 and other Acts before the commencement of this Act 762\n\nPart 21.6—Sentences imposed under the Children, Youth and Families Act 2005 764\n\nDivision 1—General 764\n\n871 Definitions 764\n\n872 Children, Youth and Families Act orders to continue in accordance with Part 5.3 of the Children, Youth and Families Act 2005 766\n\n873 Revocation of Children, Youth and Families Act order and making of order under this Act 766\n\n874 Application made or breach proceeding commenced but matter not heard and determined 767\n\nDivision 2—Accountable undertakings 768\n\n875 CYFA accountable undertakings 768\n\nDivision 3—Good behaviour bonds 768\n\n876 CYFA good behaviour bonds 768\n\nDivision 4—Probation orders 769\n\n877 CYFA probation orders—re-offending during period of order 769\n\n878 CYFA probation orders—revocation and imposition of sentence more severe in the hierarchy 769\n\n879 CYFA probation orders—special conditions 770\n\nDivision 5—Youth supervision orders 773\n\n880 CYFA youth supervision orders—re-offending during period of order 773\n\n881 CYFA youth supervision orders—special conditions 773\n\n882 CYFA youth supervision orders—judicial monitoring 776\n\nDivision 6—Youth attendance orders 777\n\n883 CYFA youth attendance orders—special conditions 777\n\nDivision 7—Youth control orders 780\n\n884 CYFA youth control orders—special conditions 780\n\n885 CYFA youth control orders—revocation 781\n\nDivision 8—Youth residential centre orders and youth justice centre orders 781\n\n886 CYFA youth residential centre orders and CYFA youth justice centre orders to be treated as a youth justice custodial order for purposes of this Act 781\n\nPart 21.7—Transitional provisions—Youth parole 782\n\n887 Transitional provisions—Youth Parole Board and membership of the Board 782\n\n888 Transitional provisions—decision-making by the Youth Parole Board 784\n\n889 Transitional provisions—youth parole orders 784\n\n890 Transitional provisions—cancellation of parole before commencement of section 627 786\n\n891 Transitional provisions—youth parole officers 788\n\n892 Transitional provisions—incident reporting, annual reports and eligibility for inclusion on the Youth Justice Victims Register 788\n\nPart 21.8—Transfers under Chapter 13 789\n\n893 Time spent in a youth residential centre and youth justice centre 789\n\n894 Application for transfer direction made but not yet determined on the commencement of Chapter 13 789\n\nPart 21.9—Other transitional provisions 790\n\n895 Infringement penalties registered under Schedule 3 to the Children, Youth and Families Act 2005 to be dealt with under CAYPINS procedure 790\n\n896 Application for approval to make change of name application or acknowledgement of sex application made but not yet determined on the commencement of Part 10.6 790\n\n897 Transitional provision—Commissioner for Youth Justice 790\n\n898 Transitional provision—appeals 791\n\nChapter 22—Bail amendments 792\n\nPart 22.1—Amendment of Bail Act 1977 792\n\nDivision 1—Trial of electronic monitoring of children on bail in certain circumstances 792\n\n899 Definitions 792\n\n900 Surrounding circumstances 792\n\n901 All offences—unacceptable risk test 792\n\n902 Conduct conditions 793\n\n903 New Part 2A inserted 793\n\nDivision 2—Scheduled offences, unacceptable risk and conduct conditions 808\n\n903A All offences—unacceptable risk test 808\n\n903B Conduct conditions 808\n\n903C New section 30A inserted 808\n\nDivision 3—Examples, revocation and review 809\n\n903D All offences—unacceptable risk test 809\n\n903E All offences—unacceptable risk test 809\n\n903F Application for revocation of bail 810\n\n903G Section 32C amended 810\n\nDivision 4—Transitional provisions and technical amendments 811\n\n904 Transitional provisions 811\n\n905 Statute law revision 811\n\n906 References to conditions of bail and bail undertakings 811\n\nPart 22.2—Consequential amendments to Surveillance Devices Act 1999 813\n\n907 Regulation of installation, use and maintenance of tracking devices 813\n\nPart 22.3—Repeal of this Chapter 814\n\n908 Repeal of this Chapter 814\n\nChapter 23—Amendment of other Acts 815\n\nPart 23.1—Amendment of Appeal Costs Act 1998 815\n\n909 Application for indemnity certificate by respondent if the Crown or DPP appeals 815\n\nPart 23.2—Amendment of Bail Act 1977 816\n\n910 Definitions 816\n\n911 Section 3C substituted 816\n\n912 Power to return accused to youth justice custodial centre 817\n\n913 Power of bail justice to grant or refuse bail 818\n\n913A Offence to commit Schedule 1 offence or Schedule 2 offence while on bail 818\n\n914 Transitional provisions 819\n\nPart 23.3—Amendment of Births, Deaths and Marriages Registration Act 1996 821\n\n915 Definitions 821\n\nPart 23.4—Amendment of Child Wellbeing and Safety Act 2005 822\n\n916 Schedule 7—Specified provisions 822\n\nPart 23.5—Amendment of Children, Youth and Families Act 2005 823\n\nDivision 1—Repeals 823\n\n917 Purposes 823\n\n918 Definitions 823\n\n919 Sections 3A and 3B repealed 824\n\n920 Delegation 824\n\n921 Parts of Chapter 5 repealed 824\n\n922 Part 6.2 repealed 824\n\n923 Section 522A repealed 824\n\n924 Sections 543 and 544 repealed 824\n\n925 Reports to which Part applies 824\n\n926 Divisions 6 and 7 of Part 7.8 repealed 825\n\n927 Part 7.9 repealed 825\n\n928 Sections 585 and 586 repealed 825\n\n929 Supreme Court—limitation of jurisdiction 825\n\n930 Regulations 825\n\n931 Schedule 2 and Schedule 3 repealed 825\n\nDivision 2—Consequential amendments 825\n\n932 Definitions 825\n\n933 Role of recognition principles 827\n\n934 Decision makers to have regard to principles 827\n\n935 Role of principles 827\n\n936 Disclosure of information for administrative purposes 828\n\n937 Report by Secretary 828\n\n938 Who is a mandatory reporter? 828\n\n939 Referral to Therapeutic Treatment Board for advice 829\n\n940 Appeals to be heard in open court 829\n\n941 President 829\n\n942 Annual report 829\n\n943 Jurisdiction of Criminal Division 830\n\n944 Joint committal proceedings 830\n\n945 Koori Court (Criminal Division) 830\n\n946 Jurisdiction of Koori Court (Criminal Division) 830\n\n947 Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court 831\n\n948 Circumstances in which Koori Court (Criminal Division) may deal with certain offences 831\n\n949 Sentencing procedure in Koori Court (Criminal Division) 831\n\n950 Neighbourhood Justice Division 831\n\n951 Jurisdiction of Neighbourhood Justice Division 831\n\n952 Transfer of proceedings 832\n\n953 Sentencing procedure in Neighbourhood Justice Division 832\n\n954 Application of Act to other Courts 832\n\n955 Procedural guidelines to be followed by Court 832\n\n956 Proceedings to be heard in open court 833\n\n957 Legal representation 833\n\n958 Proceedings in which child is required to be legally represented 834\n\n959 Interpreter 834\n\n960 Explanation of and reasons for orders 834\n\n961 Court to have powers of Magistrates' Court 835\n\n962 Recall and cancellation of warrant 835\n\n963 Power to adjourn proceeding 835\n\n964 Restriction on publication of proceedings 836\n\n965 Certain publications exempted from the restriction on publication of proceedings 836\n\n966 Certain publications exempted if publication is in relation to sentencing of an adult 836\n\n967 Principal registrar, registrars and deputy registrars 836\n\n968 Appointment of Aboriginal elders or respected persons 837\n\n969 Court register 837\n\n970 Process 837\n\n971 Powers of registrar 837\n\n972 Assignment of duties 837\n\n973 Performance of duties by judicial registrar 838\n\n974 Children's Court Clinic 838\n\n975 Disputed report 838\n\n976 Confidentiality of reports 838\n\n977 Rules 839\n\n978 Rules of court 839\n\n979 Rules of court—Koori Court (Criminal Division) 839\n\n980 Practice notes 839\n\n981 Service of documents 840\n\n982 Service on parent or child or other person 840\n\n983 Proof of service 840\n\n984 Person may cause document to be served 840\n\n985 Powers of Secretary in relation to medical services and operations 840\n\n986 Regulations 841\n\n987 New section 636 inserted 841\n\nPart 23.6—Amendment of Civil Procedure Act 2010 843\n\n988 Application of this Act 843\n\nPart 23.7—Amendment of Commission for Children and Young People Act 2012 844\n\n989 Definitions 844\n\n990 Vulnerable children and young persons 845\n\n991 Commission may conduct inquiry concerning provision of services 846\n\n992 Disclosure of information by Secretary 846\n\n993 New section 60B inserted 846\n\n994 New section 74 inserted 847\n\nPart 23.8—Amendment of Control of Weapons Act 1990 848\n\n995 Forfeiture of controlled weapons if infringement notice served 848\n\nPart 23.9—Amendment of Coroners Act 2008 849\n\n996 Definitions and reportable death 849\n\nPart 23.10—Amendment of Corrections Act 1986 850\n\n997 Sections 6D and 6E amended 850\n\n998 Sections 9AA and 9A amended 850\n\n999 Use of reasonable force by staff—police gaols 851\n\n1000 Legal custody of prisoners and detainees transferred to institutions and designated mental health services 851\n\n1001 Functions of Board 851\n\n1002 Young offenders—sentence and non-parole period 851\n\n1003 Power to restrain detained persons 852\n\n1004 Search powers 852\n\n1005 Sections 104DA and 104DB amended 852\n\n1006 Use of reasonable force by police custody officers 853\n\n1007 General power to authorise transfers of detained persons 853\n\n1008 Definitions 853\n\nPart 23.11—Amendment of County Court Act 1958 854\n\n1009 Power to complete matters—judges and reserve judges 854\n\nPart 23.12—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 855\n\n1010 Definitions 855\n\n1011 Court may make orders pending investigation into fitness 855\n\n1012 Definitions 855\n\n1013 Procedure at special hearings 856\n\n1014 Warrant to arrest child breaching non-custodial supervision order who leaves Victoria 856\n\n1015 Contents of report 856\n\n1016 Victim impact statements 856\n\n1017 Certificate of available services 857\n\nPart 23.13—Amendment of Crimes Act 1958 858\n\n1018 Causing serious injury intentionally 858\n\n1019 Causing serious injury recklessly 858\n\n1020 Causing injury intentionally or recklessly 858\n\n1020A Assaults 858\n\n1021 Intimidation of a law enforcement officer or a family member of a law enforcement officer 858\n\n1022 Care, supervision or authority 858\n\n1023 Powers of police officer or protective services officer to apprehend offenders 859\n\n1024 Definitions 859\n\n1025 Fingerprinting of adults and children aged 15 or above 860\n\n1026 Fingerprinting of children aged 14 or under 860\n\n1027 Children's Court may order fingerprinting 861\n\n1028 Destruction of records 861\n\n1029 Informed consent 863\n\n1030 Informed consent—DNA person and their parent or guardian 863\n\n1031 Forensic procedure following the commission of forensic sample offence 864\n\n1032 Warrants issued for forensic procedures under section 464ZF or 464ZFAAA 864\n\n1033 Destruction of identifying information 864\n\n1034 Safeguards after giving sample 867\n\n1035 Young person sentenced to life imprisonment 869\n\n1036 Sentences of imprisonment etc. to be carried out according to law relating to prisons 869\n\n1037 Amendment of definitions 869\n\nPart 23.14—Amendment of Criminal Procedure Act 2009 870\n\n1038 Definitions 870\n\n1039 Time limits for filing a charge-sheet 871\n\n1040 Court may issue summons or warrant to arrest 871\n\n1041 Police or public official may issue summons 871\n\n1042 Procedure before and on committing accused for trial 872\n\n1043 Court may transfer certain charges to Magistrates' Court or Children's Court 872\n\n1044 Charges returned to Children's Court 872\n\n1045 Release from custody on discontinuance of prosecution 872\n\n1046 Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court 873\n\n1047 Power to adjourn proceeding 873\n\n1048 Power to return accused to youth justice custodial centre 873\n\n1048A New section 465 inserted 874\n\nPart 23.15—Amendment of Drugs, Poisons and Controlled Substances Act 1981 876\n\n1049 Adjourned bonds to be given in certain cases 876\n\n1050 Retention and return of seized items 876\n\nPart 23.16—Amendment of EastLink Project Act 2004 877\n\n1051 Enforcement of infringement penalty 877\n\n1052 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone 877\n\nPart 23.17—Amendment of Education and Training Reform Act 2006 879\n\n1053 Definitions 879\n\nPart 23.18—Amendment of Evidence (Miscellaneous Provisions) Act 1958 880\n\n1054 Definitions 880\n\nPart 23.19—Amendment of Family Violence Protection Act 2008 882\n\n1055 Schedule 1—Specified provisions 882\n\nPart 23.20—Amendment of Fines Reform Act 2014 883\n\n1056 Definitions 883\n\n1057 Application for work and development permit 884\n\n1058 Work and development permit may extend period for commencing proceeding for offence 884\n\n1059 Part does not apply to children 884\n\n1060 Person may apply for payment arrangement 884\n\n1061 Payment arrangement may extend period for commencing a proceeding for offence 885\n\nPart 23.21—Amendment of Graffiti Prevention Act 2007 886\n\n1062 Forfeiture of graffiti implements 886\n\n1063 Return of seized items when no proceedings brought etc. 886\n\nPart 23.22—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 887\n\n1064 Definitions 887\n\nPart 23.23—Amendment of Infringements Act 2006 888\n\n1065 Definitions 888\n\n1066 Infringement offences to which this Act applies 888\n\n1067 Forms of infringement notice 888\n\n1068 Late payment 889\n\n1069 Person may elect to have matter heard in Court or Children's Court 889\n\n1070 Enforcement agency can refer matter to Court or Children's Court 889\n\n1071 Withdrawal of infringement notice 890\n\n1072 Application for internal review 890\n\n1073 Decision to go to Court 890\n\n1074 Extension of time for commencement of proceedings if work and development permit cancelled 890\n\n1075 Payment plans available in certain circumstances 891\n\n1076 Payment plans may extend period for commencing proceedings for offence 891\n\nPart 23.24—Amendment of Judicial Commission of Victoria Act 2016 892\n\n1077 Definitions 892\n\nPart 23.25—Amendment of Jury Directions Act 2015 893\n\n1078 Application of Act to criminal proceedings without juries 893\n\n1079 Jury Directions and Other Acts Amendment Act 2017 893\n\n1080 Victims and Other Legislation Amendment Act 2018 893\n\n1081 Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 894\n\n1082 Justice Legislation Amendment Act 2023 894\n\nPart 23.26—Amendment of Magistrates' Court Act 1989 895\n\n1083 Definitions 895\n\n1084 Updated references to Department and Secretary 895\n\n1085 Power to complete matters—magistrates and reserve magistrates 896\n\n1086 Rules of Court 896\n\n1087 Extent of jurisdiction 896\n\n1088 Warrants 896\n\n1089 Recall and cancellation of warrant 897\n\n1090 Duplicate warrants 897\n\n1091 Effect of defect or error in certain warrants 897\n\n1092 Provisions extend to detention in youth justice centre 897\n\n1093 Directions in, and authority of, remand warrant 897\n\n1094 New clause 59A of Schedule 8 inserted 898\n\nPart 23.27—Amendment of Major Crime (Investigative Powers) Act 2004 899\n\n1095 Definitions 899\n\nPart 23.28—Amendment of Melbourne City Link Act 1995 900\n\n1096 Application of Infringements Act 2006 or Fines Reform Act 2014 procedure 900\n\n1097 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone 900\n\nPart 23.29—Amendment of Mental Health and Wellbeing Act 2022 902\n\n1098 Definitions 902\n\n1099 Effect of detention in custody on certain orders 902\n\n1100 Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances 903\n\n1101 Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances 903\n\n1102 Powers of entry 903\n\n1103 Powers of entry to the premises of a mental health and wellbeing service provider 904\n\n1104 Construction of references 904\n\nPart 23.30—Amendment of Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022 905\n\n1105 Meaning of *place of detention* 905\n\nPart 23.31—Amendment of North East Link Act 2020 906\n\n1106 Definitions 906\n\n1107 Section 88 amended 906\n\n1108 Granting extension of time 907\n\nPart 23.32—Amendment of Prisoners (Interstate Transfer) Act 1983 908\n\n1109 Definitions 908\n\nPart 23.33—Amendment of Privacy and Data Protection Act 2014 909\n\n1110 Definitions 909\n\nPart 23.34—Amendment of Public Health and Wellbeing Act 2008 910\n\n1111 Application to be made before certain enforcement related events 910\n\nPart 23.35—Amendment of Road Safety Act 1986 911\n\n1112 Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court 911\n\n1113 Extension of time if no actual notice for certain traffic infringements 911\n\n1114 When order takes effect 912\n\n1115 Traffic infringements 912\n\n1116 Extension of time to object if no actual notice 912\n\n1117 Extension of time to lodge statement under section 84BE 913\n\n1118 Application and modification of Schedule 3 to the Children, Youth and Families Act 2005 914\n\nPart 23.36—Amendment of Sentencing Act 1991 915\n\n1119 Definitions 915\n\n1120 Definitions for purposes of this Part 915\n\n1121 Sentences 916\n\n1122 Court may order pre-sentence report 916\n\n1123 Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty 916\n\n1124 Sentences—whether concurrent or cumulative 917\n\n1125 Commencement of sentences 917\n\n1126 Service in a secure custody facility 917\n\n1127 Heading to Subdivision (4) of Division 2 of Part 3 amended 917\n\n1128 Youth justice custodial orders 918\n\n1129 New section 32AA inserted 920\n\n1130 Sentences to be concurrent unless otherwise directed 921\n\n1131 Commencement of sentences 922\n\n1132 Court may reopen proceeding to correct penalties imposed contrary to law 922\n\n1133 Release by Governor in exercise of royal prerogative of mercy 922\n\n1134 New section 171A inserted 922\n\nPart 23.37—Amendment of Sex Offenders Registration Act 2004 924\n\n1135 Definitions 924\n\n1136 Sex offender registration order 924\n\n1137 Definitions 925\n\n1138 New section 73L inserted 925\n\nPart 23.38—Amendment of Social Services Regulation Act 2021 927\n\n1139 Definitions 927\n\nPart 23.39—Amendment of Spent Convictions Act 2021 928\n\n1140 Definitions 928\n\n1141 Meaning of *custodial term* 928\n\n1142 How length of custodial term to be determined 929\n\n1143 Restriction on use of spent childhood conviction for law enforcement function 929\n\n1144 Restriction on use of spent childhood conviction in civil or criminal proceeding 929\n\nPart 23.39A—Amendment of Summary Offences Act 1966 930\n\n1144A Assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty 930\n\nPart 23.40—Amendment of Sustainable Forests (Timber) Act 2004 931\n\n1145 Retention and return or forfeiture of certain seized items 931\n\nPart 23.41—Amendment of Terrorism (Community Protection) Act 2003 932\n\n1146 Definitions 932\n\n1147 Nature of police detention decisions in relation to children—detention in youth justice custodial centres 932\n\n1148 Recording of police detention decision 932\n\n1149 Detention of children in a youth justice custodial centre 932\n\n1150 Application of Youth Justice Act 2024 to children detained under this Part 933\n\n1151 Transfer of detained child into legal custody of Chief Commissioner for questioning 935\n\n1152 Return of child to youth justice custodial centre at end of questioning 935\n\n1153 Restrictions on contact with other people 936\n\n1154 Use of identification material 936\n\n1155 Representations to a nominated senior police officer 936\n\n1156 Parents or guardians prohibited from disclosing certain information 936\n\n1157 Preventative detention orders 936\n\n1158 Nature of preventative detention order 937\n\n1159 Extension of preventative detention order 937\n\n1160 Application by detainee for revocation or variation of preventative detention order or prohibited contact order 937\n\n1161 Application by police for revocation or variation of preventative detention order or prohibited contact order 937\n\n1162 Arrangement for detainee to be held in youth justice custodial centre 938\n\n1163 Transfer of detained person into legal custody of Chief Commissioner for questioning 940\n\n1164 Return of person to place of detention at end of questioning 941\n\n1165 Restriction on contact with other people 941\n\n1166 Disclosure offences 941\n\n1167 Use of identification material 941\n\nPart 23.42—Amendment of Victoria Police Act 2013 942\n\n1168 Considerations to be taken into account in authorising the giving of agency photographs 942\n\nPart 23.43—Amendment of Victorian Inspectorate Act 2011 943\n\n1169 Definitions 943\n\nPart 23.44—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 944\n\n1170 Definitions 944\n\n1171 Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure 944\n\n1172 Granting extension of time 945\n\nPart 23.45—Amendment of Worker Screening Act 2020 946\n\n1173 Pending charges 946\n\n1174 Child-related work 946\n\nPart 23.46—Amendment of Youth Justice Act 2024 947\n\n1175 Meaning of *child* 947\n\nPart 23.47—Repeal of this Chapter 949\n\n1176 Repeal of this Chapter 949\n\nSchedule 1—Interstate transfers of young offenders 950\n\n═════════════\n\nEndnotes 964\n\n1 General information 964\n\n2 Table of Amendments 967\n\n3 Explanatory details 968\n\n**Version No.** **008**\n\n**Youth Justice Act 2024**\n\n**No. 32 of 2024**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts:**\n\nChapter 1—Preliminary\n\nPart 1.1—Introductory provisions\n\n\t1 Purposes\n\n(1) The main purposes of this Act are—\n\n(a) to raise the minimum age of criminal responsibility from 10 years of age to 12 years of age; and\n\n(b) to provide for police powers in relation to children under the minimum age of criminal responsibility who are 10 or 11 years of age; and\n\n(c) to provide for the procedures and other matters relevant to the Criminal Division of the Children's Court as the specialist division dealing with criminal matters relating to children; and\n\n(d) to ensure robust oversight and accountability of the youth justice system to—\n\n(i) promote community safety; and\n\n(ii) prevent and reduce offending by children and young persons; and\n\n(iii) support the rehabilitation and positive development of children and young persons involved in the youth justice system; and\n\n(iv) provide victims with appropriate opportunities to participate in the youth justice process; and\n\n(v) protect the rights of children and young persons involved in the youth justice system; and\n\n(e) to establish a scheme that provides alternative processes to a court proceeding for dealing with children who are alleged to have committed offences, including the use of—\n\n(i) youth warnings and youth cautions; and\n\n(ii) early diversion group conferences; and\n\n(iii) court ordered diversion from criminal proceedings; and\n\n(f) to make provision in relation to—\n\n(i) children who have been charged with offences; and\n\n(ii) children and young persons who have been found guilty of, offences.\n\n(2) The other purposes of this Act are—\n\n(a) to repeal certain provisions from the **Children, Youth and Families Act 2005** and reform and re-enact those provisions in this Act; and\n\n(b) to amend the **Bail Act 1977**, including by providing for the trial of a scheme under which, in certain circumstances, certain courts may grant bail to a child subject to conditions that provide for electronic monitoring of the child; and\n\n(c) to set out transitional provisions; and\n\n(d) to make consequential amendments to other Acts.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1AA) The following provisions come into operation on the day after the day on which this Act receives the Royal Assent—\n\n(a) this section; and\n\n(b) Division 3 of Part 22.1; and\n\n(c) section 904.\n\n(1) Subject to subsections (1A), (2) and (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(1A) If Division 2 of Part 22.1 does not come into operation before 2 December 2024, it comes into operation on that day.\n\n(2) If the remaining provisions of this Chapter (other than Part 1.3), Chapter 3, Chapter 19, Chapter 20, the remaining provisions of Chapter 22 and section 766 (other than subsection (2)) do not come into operation before 30 September 2025, those provisions come into operation on that day.\n\n(3) If a remaining provision of this Act does not come into operation before 30 September 2026, it comes into operation on that day.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\n***Aboriginal-led early diversion group conference*** means an early diversion group conference that is conducted in accordance with the Aboriginal-led early diversion group conference model developed under Part 4.5;\n\n***Aboriginal person*** means a person who—\n\n(a) is descended from an Aboriginal person or Torres Strait Islander; and\n\n(b) identifies as an Aboriginal person or Torres Strait Islander; and\n\n(c) is accepted as an Aboriginal person or Torres Strait Islander by an Aboriginal or Torres Strait Island community;\n\n***Aboriginal youth justice agency functions and powers*** means the functions and powers conferred on the Secretary by or under this Act that are prescribed for the purposes of section 59;\n\n***acknowledgement of sex application*** means an application under—\n\n(a) section 30A, 30B, 30E or 30EA of the **Births, Deaths and Marriages Registration Act 1996**; or\n\n(b) a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;\n\n***additional parole conditions*** means the additional parole conditions set out in section 633(2);\n\n***Adult Parole Board*** means the Adult Parole Board established by section 61 of the **Corrections Act 1986**;\n\n***age*** means, in the absence of positive evidence as to age, apparent age;\n\n***appeal***, in Chapter 8, includes an application for leave to appeal;\n\n***appeal period***, in Chapter 8, means—\n\n(a) the period permitted by or under this Act or any other Act for commencing an appeal under that Chapter; or\n\n(b) if a notice of appeal or notice of application for leave to appeal under that Chapter is filed within that period, the determination of the appeal;\n\n***appellant***, in Chapter 8, includes an applicant for leave to appeal;\n\n***appellate court***, in Chapter 8, means the County Court or the Supreme Court (whether the Trial Division or the Court of Appeal), as the case requires;\n\n***appropriate enforcement officer***, in relation to an infringement notice or an infringement penalty, means—\n\n(a) the enforcement agency; or\n\n(b) a person appointed by the enforcement agency as an appropriate officer for the purposes of the notice or the class of notice; or\n\n(c) a prescribed person or a person who is a member of a prescribed class of person;\n\n***approved dog*** means a dog approved in accordance with the regulations for use by a youth justice custodial officer;\n\n***approved service provider*** means a person or body approved to provide services under section 757;\n\n***authorised youth justice community worker*** means a youth justice community worker authorised under Division 4 of Part 12.2;\n\n***BDM Registrar*** means—\n\n(a) the Victorian BDM Registrar; or\n\n(b)  an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;\n\n***Category A serious youth offence*** means any of the following offences—\n\n(a) murder;\n\n(b) attempted murder;\n\n(c) manslaughter;\n\n(d) child homicide;\n\n(e) homicide by firearm;\n\n(f) an offence against any of the following sections of the **Crimes Act 1958**—\n\n(i) section 15A (intentionally causing serious injury in circumstances of gross violence);\n\n(ii) section 77B (aggravated home invasion);\n\n(iii) section 79A (aggravated carjacking);\n\n(iv) section 197A (arson causing death);\n\n(v) section 318 (culpable driving causing death);\n\n(g) an offence against any of the following—\n\n(i) section 4B of the **Terrorism (Community Protection) Act 2003**;\n\n(ii) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth;\n\n(iii) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;\n\n(iv) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;\n\n***Category B serious youth offence*** means an offence against any of the following sections of the **Crimes Act 1958**—\n\n(a) section 15B (recklessly causing serious injury in circumstances of gross violence);\n\n(b) section 38 (rape);\n\n(c) section 39 (rape by compelling sexual penetration);\n\n(d) section 77A (home invasion);\n\n(e) section 79 (carjacking);\n\n***cautioning police officer***, in relation to the giving of a youth caution to a child, means a police officer who is—\n\n(a) of or above the rank of sergeant; or\n\n(b) authorised to give a youth caution to a child by a police officer of or above the rank of sergeant;\n\n***CAYPINS cancellation order*** means—\n\n(a) an order made by the registrar of the Children's Court under section 733(3)(g) or (h); or\n\n(b) an order of the Children's Court under section 735(7)(d);\n\n***CAYPINS enforcement order*** means—\n\n(a) an order made by the registrar of the Children's Court under section 733(3)(d), (e) or (f); or\n\n(b) an order of the Children's Court made under section 735(7)(a) or (b);\n\n***CAYPINS procedure*** means the procedure set out in Chapter 17;\n\n***CAYPINS time to pay order*** means—\n\n(a) an order made by the registrar of the Children's Court under section 732; or\n\n(b) an order of the Children's Court made under section 735(7)(c);\n\n***change of name application*** means an application under—\n\n(a) section 25 or 26 of the **Births, Deaths and Marriages Registration Act 1996**; or\n\n(b) a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;\n\n***Chief Commissioner of Police*** means the Chief Commissioner of Police appointed under the **Victoria Police Act 2013**;\n\n***Chief Health Officer*** has the same meaning as in the **Public Health and Wellbeing Act 2008**;\n\n***child*** has the meaning given by section 4;\n\n***child safety and wellbeing plan***  means a case plan within the meaning of the **Children, Youth and Families Act 2005**;\n\n***Commission for Children and Young People***  means the Commission for Children and Young People established by section 6 of the **Commission for** **Children and Young People Act 2012**;\n\n***Commissioner for Youth Justice*** means the person employed under section 35;\n\n***community service order*** means an order referred to in section 263;\n\n***confidential information***, in Chapter 15, means any of the following—\n\n(a) health information;\n\n(b) personal information;\n\n(c) sensitive information;\n\n***contravene***, in relation to a condition or a provision of an order or a sentence, includes a failure to comply with that condition or provision;\n\n***contravention report*** means a report referred to in section 428;\n\n***convenor***, in relation to a group conference, means a person contracted or employed to convene the group conference;\n\n***conviction***, in Chapter 8, includes a finding of guilt by the Children's Court, whether or not a conviction is recorded;\n\n***core condition*** means—\n\n(a) in relation to a good behaviour order, the condition set out in section 247(1); or\n\n(b) in relation to a community service order, the condition set out in section 265(1); or\n\n(c) in relation to a probation order, any condition set out in section 271(1); or\n\n(d) in relation to a youth supervision and support order, any condition set out in section 276(1); or\n\n(e) in relation to a youth control order, any condition set out in section 283(1);\n\n***court liaison officer*** means a court liaison officer appointed under section 545 of the **Children, Youth and Families Act 2005**;\n\n***court official*** means—\n\n(a) the principal registrar of the Children's Court; or\n\n(b) a registrar or deputy registrar of the Children's Court; or\n\n(c) a court liaison officer; or\n\n(d) a judicial registrar; or\n\n(e) any person employed in any of the offices of the Children's Court;\n\n***court register***  means the register kept under section 537 of the **Children, Youth and Families Act 2005**;\n\n***criminal act of violence*** means any of the following—\n\n(a) an offence that is a Category A serious youth offence;\n\n(b) an offence that is a Category B serious youth offence;\n\n(c) an offence that involves an assault on, or injury or a threat of injury to, a person which is punishable by imprisonment;\n\n(d) a serious sex offence within the meaning of the **Serious Offenders Act 2018**;\n\n(e) an offence against section 21A(1) of the **Crimes Act 1958** (stalking);\n\n(f) an offence against section 63 of the **Crimes Act 1958** (child stealing);\n\n(g) an offence against section 63A of the **Crimes Act 1958** (kidnapping);\n\n(h) an offence against section 77 of the **Crimes Act 1958** (aggravated burglary);\n\n(i) an offence against section 319(1) of the **Crimes Act 1958** (dangerous driving causing death or serious injury);\n\n(j) an offence against section 61(3) of the **Road Safety Act 1986** (failing to stop and render assistance after a motor vehicle accident causing death or serious injury);\n\n(k) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (j);\n\n(l) an offence against the law of another Australian jurisdiction which substantially corresponds to an offence referred to in paragraphs (a) to (k);\n\n***Criminal Division*** means the Criminal Division of the Children's Court established under section 504(3)(b) of the **Children, Youth and Families Act 2005** and, unless the context otherwise requires, includes—\n\n(a) the Koori Court (Criminal Division). and\n\n(b) the Neighbourhood Justice Division;\n\n***cultural support plan*** means a plan developed under section 750;\n\n***custodial right*** means a right set out in Division 1 of Part 10.2;\n\n***custodial rule*** means a rule made by the Commissioner for Youth Justice under section 458;\n\n***dentist*** means—\n\n(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law—\n\n(i) to practise in the dental profession (other than as a student); and\n\n(ii) in the dentists division of that profession; or\n\n(b) a person entitled to practise dentistry in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;\n\n***Department*** means the Department of Justice and Community Safety;\n\nS. 3(1) def. of *designated offence* inserted by No. 54/2025 s. 18.\n\n***designated offence*** has the same meaning as in section 516 of the **Children, Youth and Families Act 2005**;\n\n***developmental condition*** has the meaning given by section 296;\n\n***DFFH Secretary*** means the Secretary to the Department of Families, Fairness and Housing;\n\n***disability*** includes an impairment referred to in section 6(a);\n\n***domestic partner*** of a person means—\n\n(a) a person who is in a registered domestic relationship with the person; or\n\n(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);\n\nSee subsection (2) in relation to the meaning of ***registered domestic relationship***.\n\n***DPP*** has the same meaning as in the **Criminal Procedure Act 2009**;\n\n***early diversion group conference*** means a conference convened in accordance with Part 4.4 for a child who is alleged to have committed an offence;\n\n***early diversion group conference order*** means an order made by the Children's Court under section 161 that a child participate in an early diversion group conference;\n\n***early diversion outcome plan*** means an outcome plan developed in an early diversion group conference;\n\n***enforcement agency***, in relation to an infringement notice or an infringement penalty, means—\n\n(a) a person or body authorised by or under an Act to commence a proceeding for the offence for which the notice was issued; or\n\n(b) a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if commencing a proceeding referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or\n\n(c) a prescribed person or body or a person who, or body that, is a member of a prescribed class of person or body; or\n\n(d) a prescribed administrative unit; or\n\n(e) a prescribed group of persons;\n\n***extension of time application*** means an application under section 150 for an extension of the period within which a proceeding against a child for a summary offence may be commenced;\n\n***family violence*** has the same meaning as in the **Family Violence Protection Act 2008**;\n\n***fine*** includes any penalty, forfeiture, sum of money and costs ordered to be paid by the person fined and, in Chapter 7—\n\n(a) means a fine imposed under section 249(1); and\n\n(b) includes costs but does not include a sum of money payable by way of restitution or compensation;\n\n***full brief***  has the same meaning as in the **Criminal Procedure Act 2009**;\n\n***gender identity*** has the same meaning as in the **Equal Opportunity Act 2010**;\n\n***good behaviour order*** means an order referred to in section 245(1);\n\n***group conference*** means any of the following—\n\n(a) an early diversion group conference;\n\nThis includes an Aboriginal-led early diversion group conference.\n\n(b) a pre-sentence group conference;\n\n(c) a parole stage group conference;\n\n***group conference outcome plan*** means an outcome plan included in a group conference report;\n\n***guiding custodial principle*** means a guiding principle set out in Part 10.1;\n\n***guiding youth justice principle*** means a guiding principle set out in sections 18 to 22 and 24;\n\n***health information*** has the same meaning as in the **Health Records Act 2001**;\n\n***health practitioner*** means any of the following—\n\n(a) medical practitioner;\n\n(b) dentist;\n\n(c) psychologist;\n\n(d) registered nurse;\n\n***hearing date***, in relation to a proceeding, means the date on which the proceeding is listed for hearing;\n\n***hierarchy of options*** means the hierarchy of options set out in section 92(1) that a police officer may consider in respect of alleged offending by a child;\n\n***high risk panel*** means the panel established under section 693;\n\n***information holder*** means a person referred to in section 703;\n\n***infringement notice*** has the same meaning as in the **Infringements Act 2006**;\n\n***infringement offence*** has the same meaning as in the **Infringements Act 2006**;\n\n***infringement penalty*** has the same meaning as in the **Infringements Act 2006**;\n\n***instalment order*** means an order that a fine be paid by 2 or more instalments;\n\n***intellectual disability*** has the same meaning as in the **Disability Act 2006**;\n\n***interpreter*** means—\n\n(a) an interpreter accredited with the National Accreditation Authority for Translators and Interpreters Limited A.C.N. 008 596 996; or\n\n(b) a competent interpreter;\n\n***isolation***, in relation to a child or young person held in custody in a youth justice custodial centre, has the meaning given in section 478;\n\n***Isolations Register*** means the Isolations Register kept under section 524;\n\n***judicial monitoring report*** means a report referred to in section 432;\n\n***judicial registrar*** means a judicial registrar of the Children's Court appointed under Part 7.6A of the **Children, Youth and Families Act 2005**;\n\n***Koori Court (Criminal Division)*** means the Koori Court (Criminal Division) of the Children's Court established under section 504(3)(c) of the **Children, Youth and Families Act 2005**;\n\n***legal practitioner*** means an Australian legal practitioner;\n\n***legal representation*** means representation by a legal practitioner;\n\n***magistrate*** means a magistrate for the Children's Court and includes—\n\n(a) a reserve magistrate engaged under section 9C of the **Magistrates' Court Act 1989** to undertake the duties of a magistrate and assigned to be a magistrate of the Children's Court under section 507 of the **Children, Youth and Families Act 2005**; and\n\n(b) a person who was formerly the President who is acting under section 12H of the **County Court Act 1958**;\n\n***MAP eligible child or young person*** has the meaning given in section 689;\n\n***medical expert*** means a medical practitioner, dentist or psychologist;\n\n***medical matters*** includes dental matters and psychological matters;\n\n***medical practitioner*** means—\n\n(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or\n\n(b) a person entitled to practise medicine in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;\n\n***medical treatment*** has the same meaning as in the **Medical Treatment Planning and Decisions Act 2016**;\n\n***mental illness*** has the same meaning as in section 3(1) of the **Mental Health and Wellbeing Act 2022**;\n\n***multi-agency panel*** means a panel established under section 685;\n\n***Neighbourhood Justice Division*** means the Neighbourhood Justice Division of the Children's Court established under section 504(3)(d) of the **Children, Youth and Families Act 2005**;\n\n***notice to attend*** means a notice served under section 607(1)(b), (c) or (d) requiring a person to attend a meeting of the Youth Parole Board;\n\n***notice to produce*** means a notice served under section 607(1)(a) requiring a person to produce a specified document or other thing to the Youth Parole Board;\n\n***offence involving an assault*** means an offence against any of the following sections of the **Crimes Act 1958**—\n\n(a) section 15A (intentionally causing serious injury in circumstances of gross violence);\n\n(b) section 15B (recklessly causing serious injury in circumstances of gross violence);\n\n(c) section 16 (intentionally causing serious injury);\n\n(d) section 17 (recklessly causing serious injury);\n\n(e) section 18 (intentionally or recklessly causing injury);\n\n***offence involving property damage*** means—\n\n(a) an offence against section 197 of the **Crimes Act 1958** (criminal damage); or\n\n(b) an offence against section 9(1)(c) of the **Summary Offences Act 1966** (wilful damage);\n\n***officer in charge***, in relation to a police gaol, has the same meaning as in section 104A of the **Corrections Act 1986**;\n\n***official duty***, in Chapter 15,  means an official duty referred to in section 701;\n\n***official person***, in Chapter 15, means a person referred to in section 702;\n\n***Ombudsman*** means the person appointed as the Ombudsman under section 3 of the **Ombudsman Act 1973**;\n\n***out of home care*** has the same meaning as in the **Children, Youth and Families Act 2005**;\n\n***oversight entity*** means—\n\n(a) the Ombudsman; or\n\n(b) the Commission for Children and Young People; or\n\n(c) another prescribed person or body;\n\n***panel member***, in Chapter 15, means a member of a multi-agency panel or a high risk panel;\n\n***parent***, in relation to a child, includes—\n\n(a) the father and mother of the child; and\n\n(b) the spouse of the father or mother of the child; and\n\n(c) the domestic partner of the father or mother of the child; and\n\n(d) any person who has parental responsibility for the child including, unless the context otherwise requires, the DFFH Secretary; and\n\n(e) a person whose name is entered as the parent of the child in the register of births in the Register maintained by the BDM Registrar under Part 7 of the **Births, Deaths and Marriages Registration Act 1996**; and\n\n(f) a person who acknowledges that the person is the father of the child by an instrument of the kind described in section 8(2) of the **Status of Children Act 1974**; and\n\n(g) a person who acknowledges that the person is the non-birth mother of the child by an instrument of the kind described in section 8(2A) of the **Status of Children Act 1974**; and\n\n(h) a person in respect of whom a court has made a declaration or a finding or order that the person is the father, mother or parent of the child;\n\n***parental responsibility***, in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children;\n\n***parole period*** means the period from a person's release on parole until the end of the period of the person's sentence;\n\n***parole stage group conference*** means a conference convened under Part 12.3 for a child or young person who is serving a custodial sentence;\n\n***pat-down search*** means a search of a person or of things in the possession or under the control of a person, other than a search conducted by use of an electronic or mechanical device, including—\n\n(a) a search of a person conducted by quickly running the hands over the person's outer clothing; and\n\n(b) for the purposes of paragraph (a), requiring the person to remove—\n\n(i) the person's overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and\n\n(ii) anything else that is conveniently removed by the person;\n\n***payment arrangement*** has the same meaning as in the **Fines Reform Act 2014**;\n\n***payment plan*** has the same meaning as in the **Infringements Act 2006**;\n\n***penalty reminder notice*** has the same meaning as in the **Infringements Act 2006**;\n\n***penalty reminder notice fee*** has the same meaning as in the **Infringements Act 2006**;\n\n***performance standards***, in relation to a registered Aboriginal youth justice agency, means the performance standards determined under section 47;\n\n***period***, in relation to detention, includes the total of 2 or more periods, whether cumulative or concurrent;\n\n***permanent care order*** has the same meaning as in section 3(1) of the **Children, Youth and Families Act 2005**;\n\n***permitted instrument of restraint*** means—\n\n(a) handcuffs (including disposable handcuffs, flex cuffs or handcuff inserts); or\n\n(b) closeting chains; or\n\n(c) an instrument of restraint of a kind that is permitted under any other law (other than a spit hood); or\n\n(d) a prescribed instrument of restraint (other than a spit hood);\n\n***personal information***  has the same meaning as in the **Privacy and Data Protection Act 2014**;\n\n***police custody officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***police custody officer supervisor*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***police gaol*** has the same meaning as in the **Corrections Act 1986**;\n\n***police gaol officer***, in relation to a police gaol, means—\n\n(a) a police officer; or\n\n(b) a protective services officer; or\n\n(c) a police custody officer; or\n\n(d) a police custody officer supervisor; or\n\n(e) any person authorised under section 9A(1A) of the **Corrections Act 1986**;\n\n***positive development*** means positive physical, social, emotional, intellectual, cultural and spiritual development;\n\n***preliminary brief*** has the same meaning as in the **Criminal Procedure Act 2009**;\n\n***pre-sentence group conference*** means a conference convened in accordance with Part 7.4 for a child who is found guilty of an offence;\n\n***pre-sentence group conference report*** means a report referred to—\n\n(a) in Division 4 of Part 9.2;\n\n(b) in relation to an appeal, in Part 8.4\n\n***pre-sentence outcome plan*** means an outcome plan developed in a pre-sentence group conference;\n\n***pre-sentence report*** means—\n\n(a) a report ordered under section 413, 414 or 415; and\n\n(b) in relation to an appeal, a report ordered under section 355, 356 or 357;\n\n***President*** means the President appointed under section 508 of the **Children, Youth and Families Act 2005** and includes the Acting President appointed under section 509 of that Act;\n\n***previous pre-sentence report*** means—\n\n(a) an earlier pre-sentence report referred to in section 414(2)(a) or 415(2)(a); and\n\n(b) in relation to an appeal, an earlier pre‑sentence report referred to in section 356(2)(a) or 357(2)(a);\n\n***primary carer*** has the same meaning as in the **Medical Treatment Planning and Decisions Act 2016**;\n\n***principal officer***, in relation to an Aboriginal youth justice agency, means the chief executive officer (by whatever name called) of the Aboriginal youth justice agency;\n\n***prison*** has the same meaning as in the **Corrections Act 1986**;\n\n***probation order*** means an order referred to in section 269(1);\n\n***proceeding***, in relation to the Children's Court,  means any matter in the Children's Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as registrar under Chapter 17;\n\n***process***, in relation to the Children's Court,  includes witness summons, charge-sheet, summons to answer to a charge, warrant to arrest, remand warrant, search warrant, warrant to seize property, warrant to imprison, warrant to detain in a youth justice custodial centre, warrant of delivery and any process by which a proceeding in the Children's Court is commenced;\n\n***progress report*** means a report prepared under section 433;\n\n***prohibited item*** means any article or thing which jeopardises or is likely to jeopardise the security of a youth justice custodial centre or the safety of persons in the centre, including—\n\n(a) any firearm, offensive weapon or other article that is capable of being used as a weapon; or\n\n(b) any form of drug other than a drug possessed by a person with the consent of the Commissioner for Youth Justice; or\n\n(c) any form of alcoholic liquor or beverage; or\n\n(d) money; or\n\n(e) any other prescribed article or thing;\n\n***proper venue*** has the same meaning as in the **Children, Youth and Families Act 2005**;\n\n***protection application*** means an application made to the Children's Court under the **Children, Youth and Families Act 2005** for a finding that a child is in need of protection;\n\n***protection order*** has the same meaning as it has in the **Children, Youth and Families Act 2005**;\n\n***protective services officer***  has the same meaning as in the **Victoria Police Act 2013**;\n\n***psychologist*** means—\n\n(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or\n\n(b) a person who is qualified or registered to practise psychology in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;\n\n***public entity*** has the same meaning as in the **Public Administration Act 2004**;\n\n***public service body*** has the same meaning as in the **Public Administration Act 2004**;\n\n***referring police officer***, in relation to a referral to an early diversion group conference, means a police officer who is—\n\n(a) of or above the rank of sergeant; or\n\n(b) authorised to refer a child to an early diversion group conference by a police officer of or above the rank of sergeant;\n\n***registered Aboriginal youth justice agency*** means a body registered as an Aboriginal youth justice agency under Part 2.3;\n\n***registered amount*** means the amount registered by the registrar of the Children's Court under section 726 or, if that amount is reduced by an enforcement order, that reduced amount;\n\n***registered nurse*** means a person who is registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student) and is in the registered nurses division of that profession;\n\n***registrar of the Children's Court*** means principal registrar or registrar of the Children's Court;\n\n***registration document*** means the document referred to in section 725(1)(a);\n\n***registration certificate*** means the certificate referred to in section 725(1)(b);\n\n***relevant impairment*** has the meaning given by section 6;\n\n***relevant person***, in Chapter 15, means—\n\n(a) an official person; or\n\n(b) an information holder;\n\n***remotely piloted aircraft*** includes the controls for the aircraft;\n\n***representative charge*** means a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the child;\n\n***representatives of the Aboriginal community on justice-related issues*** means the representatives prescribed under section 26;\n\n***reserve judge*** has the same meaning as in the **County Court Act 1958**;\n\n***reserve magistrate***  has the same meaning as in the **Magistrates' Court Act 1989**;\n\n***restorative condition*** has the meaning given by section 298;\n\n***restrictive condition*** has the meaning given by section 297;\n\n***return date***, in relation to a proceeding in the Children's Court, means any date on which the proceeding is listed before the Children's Court;\n\n***rolled-up charge*** means a charge in an indictment that alleges that the child has committed more than one offence of the same type between specified dates;\n\n***screening search*** means a search of a person or of things in the possession or under the control of a person to detect the presence of unauthorised items, other than a search that may involve bodily contact, including—\n\n(a) a search of a person conducted by passing or placing an electronic or mechanical device over, on or in close proximity to the person's outer clothing; and\n\n(b) an examination (including an examination conducted by passing or placing an electronic or mechanical device over, on or in close proximity) of anything worn or carried by the person, including requiring the person to remove—\n\n(i) the person's overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and\n\n(ii) anything else that is conveniently removed by the person; and\n\n(c) a search conducted with the assistance of an approved dog;\n\n***Searches Register*** means the Searches Register kept under section 525;\n\n***Secretary*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department;\n\n***secretary of the Youth Parole Board*** means the person authorised under section 601 to perform the functions of the secretary of the Youth Parole Board;\n\n***Seizure Register*** means the Seizure Register kept under section 515;\n\n***sensitive information*** has the same meaning as in Schedule 1 to the **Privacy and Data Protection Act 2014**;\n\n***sentence*** includes—\n\n(a) the recording of a conviction; and\n\n(b) an order made under Chapter 7, other than—\n\n(ii) an order granting bail made under section 259; and\n\n(c) an order made under section 11 of the **Sex Offenders Registration Act 2004**; and\n\n(d) an order made under section 84S or 84T of the **Road Safety Act 1986**;\n\n***sentencing principle*** means a principle set out in Part 7.1;\n\n***sex characteristics*** has the same meaning as in the **Equal Opportunity Act 2010**;\n\n***sexual orientation*** has the same meaning as in the **Equal Opportunity Act 2010**;\n\n***special condition*** means any of the following—\n\n(a) a developmental condition;\n\n(b) a restrictive condition;\n\n(c) a restorative condition;\n\n***special parole condition*** means any condition imposed on a youth parole order under section 634;\n\n***specialist assessment report*** means a report under Division 2 of Part 9.2;\n\n***spouse*** of a person means a person to whom the person is married;\n\n***standard parole conditions*** means the standard parole conditions set out in section 632(1);\n\n***supplementary pre-sentence report*** means—\n\n(a) a report ordered under section 416; and\n\n(b) in relation to an appeal, a report ordered under section 358;\n\n***temporary leave permit*** means a permit issued under section 470;\n\n***terrorism or foreign incursion offence*** means an offence against—\n\n(a) section 4B of the **Terrorism (Community Protection) Act 2003**; or\n\n(b) a provision of another State or a Territory that corresponds to section 4B of the **Terrorism (Community Protection) Act 2003**; or\n\n(c) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or\n\n(d) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or\n\n(e) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;\n\n***terrorism record*** has the meaning given in section 7;\n\n***terrorism-related order*** means—\n\n(a) a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or\n\n(b) a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or\n\n(c) an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or\n\n(d) a preventative detention order within the meaning of Part 2A of the **Terrorism (Community Protection) Act 2003**; or\n\n(e) a prohibited contact order within the meaning of Part 2A of the **Terrorism (Community Protection) Act 2003**; or\n\n(f) an order made under a corresponding preventative detention law within the meaning of Part 2A of the **Terrorism (Community Protection) Act 2003**;\n\n***terrorism risk information*** has the meaning given in section 8;\n\n***terrorist act***  has the same meaning as in the **Terrorism (Community Protection) Act 2003**;\n\n***terrorist organisation*** has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;\n\n***therapeutic treatment order*** has the same meaning as it has in the **Children, Youth and Families Act 2005**;\n\n***time to pay order*** means an order under Division 5 of Part 7.7 that a child be allowed time to pay a fine;\n\n***transfer authority*** means—\n\n(a) a transfer warrant; or\n\n(b) an order under section 563(1); or\n\n(c) a transfer under section 672(1) from a youth justice custodial centre to a prison; or\n\n(d) a transfer under section 676(1) from a prison to a youth justice custodial centre; or\n\n(e) a transfer order; or\n\n(f) an order made by a court to detain or remand a child in a youth justice custodial centre;\n\n***transfer officer***, in Chapter 11, means—\n\n(a) police officer; or\n\n(b) protective services officer; or\n\n(c) a person authorised under section 9A(1B) of the **Corrections Act 1986** to carry out transport of a person;\n\n***transfer order*** means an order under clause 7 of Schedule 1;\n\n***transfer warrant*** means a warrant under section 473;\n\n***unclothed search*** means a search of a person or of things in the possession or under the control of the person that may include—\n\n(a) requiring the person to remove all of the person's clothes; and\n\n(b) an examination of the person's body (but not of the person's body cavities) and of those clothes;\n\n***Use of Force Register*** means the Use of Force Register kept under section 523;\n\n***victim***, in relation to an offence or an alleged offence, means a person who has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence or alleged offence;\n\n***victim impact statement*** means a statement referred to in section 212;\n\n***Victoria Police*** means the body established by section 6 of the **Victoria Police Act 2013**;\n\n***Victorian BDM Registrar*** means the person referred to in section 5 of the **Births, Deaths and Marriages Registration Act 1996**;\n\n***visitor***, in relation to a youth justice custodial centre,  means any person who enters, leaves or remains in a youth justice custodial centre but does not include—\n\n(b) a youth justice custodial officer;\n\n***work and development permit*** has the same meaning as in the **Fines Reform Act 2014**;\n\n***working day*** means—\n\n(a) in relation to a court, a day on which the offices of the court are open; and\n\n(b) in any other case, a day other than—\n\n(i) a Saturday or Sunday; and\n\n(ii) a public holiday within the meaning of the **Public Holidays Act 1993**;\n\n***young person*** has the meaning given by section 5;\n\n***youth caution*** means a caution given under section 103;\n\n***youth control order*** means an order referred to in section 280(1);\n\n***youth justice community service centre*** means a youth justice community service centre established or approved under section 756;\n\n***youth justice community worker*** means any person employed or engaged by the Secretary with duties in relation to the case management and supervision of children and young persons who are the subject of criminal proceedings or who are subject to a youth parole order or other order made under this Act, but does not include a youth justice custodial officer;\n\n***youth justice custodial centre*** means a youth justice custodial centre established under section 755;\n\n***youth justice custodial officer*** means any person employed or engaged in a youth justice custodial centre with duties in relation to ensuring—\n\n(a) the security or stability of the centre; or\n\n(b) the safety and security of any child or young person held in custody in the centre—\n\nand, unless the context otherwise requires, includes the Commissioner for Youth Justice;\n\n***youth justice custodial order*** means an order referred to in section 325(1);\n\n***youth justice custodial worker*** means a person who is on duty as—\n\n(a) a youth justice custodial officer; or\n\n(b) a youth justice community worker, if the person is employed or engaged by the Secretary in a youth justice custodial centre and that person's duties include duties in relation to children and young persons  in the legal custody of the Secretary;\n\nSee also subsection (3) for when a youth justice custodial worker is on duty.\n\n***youth justice plan*** has the meaning given by section 288;\n\n***youth justice planning meeting*** has the meaning given by section 289;\n\n***youth justice planning meeting report*** means a report prepared—\n\n(a) under section 291; or\n\n(b) in relation to an appeal, under Division 4 of Part 8.4;\n\n***youth justice system*** means the collective of persons and bodies responsible for exercising statutory functions under this Act to—\n\n(a) prevent and reduce offending by children and young persons; and\n\n(b) support the positive development of children and young persons;\n\n***Youth Justice Victims Register*** means the register established under section 654;\n\n***Youth Parole Board*** means the Youth Parole Board referred to in section 592;\n\n***Youth Parole Board annual report*** means the annual report required under section 604;\n\n***youth parole order*** means an order under section 627;\n\n***youth supervision and support order*** means an order referred to in section 273(1);\n\n***youth warning*** means a warning given under section 95.\n\n(2) For the purposes of the definition of ***domestic partner*** in subsection (1)—\n\n(a) ***registered domestic relationship***  has the same meaning as in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case.\n\n(3) For the purposes of the definition of ***youth justice custodial worker*** in subsection (1), a youth justice custodial worker is on duty at any time when the youth justice custodial worker is performing a function or exercising a power as a youth justice custodial worker.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of *child*","content":"\t4 Meaning of *child*\n\n(1) In this Act, ***child*** means a person who is under 18 years of age*.*\n\n(2) Additionally, in this Act, ***child***  includes, in the case of a person who commits an offence or is alleged to have committed an offence, a person who—\n\n(a) was under 18 years of age at the time of the commission or alleged commission of the offence; and\n\n(b) is not excluded by subsection (3).\n\nThis includes a young offender within the meaning of the **Sentencing Act 1991** who is under 18 years of age at the time of the commission of an offence.\n\n(3) A person is excluded if the person is 19 years of age or over at the time of the commencement of the proceeding for the offence or alleged offence.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of *young person*","content":"\t5 Meaning of *young person*\n\nIn this Act, a ***young person*** means a person 18 years of age or over (other than a person who is taken under section 4(2) to be a child) who is—\n\n(a) sentenced to a term of detention in a youth justice custodial centre under the **Sentencing Act 1991**; or\n\nA person who committed an offence when they were 19 years of age and sentenced as a young offender (within the meaning of the **Sentencing Act 1991**) to a term of detention in a youth justice custodial centre under Subdivision (4) of Division 2 of Part 3 of that Act.\n\n(b) sentenced to a term of imprisonment under the **Sentencing Act 1991** and is—\n\n(i) the subject of a direction under Chapter 13 for transfer to a youth justice custodial centre; or\n\n(ii) being considered under Chapter 13 for transfer to a youth justice custodial centre.\n\nUntil the parole period ends or a young person is otherwise discharged from the sentence of detention, a young person released on parole is regarded as being still under sentence and as not having served their period of detention—see section 635.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of *relevant* *impairment*","content":"\t6 Meaning of *relevant* *impairment*\n\nFor the purposes of this Act, a child has a ***relevant*** ***impairment*** if—\n\n(a) the child has any of the following impairments—\n\n(i) an intellectual disability;\n\n(ii) an acquired brain injury;\n\n(iii) a neurodevelopmental disorder; and\n\n1 Autism spectrum disorder.\n\n2 Communication disorder.\n\n3 Foetal alcohol spectrum disorder.\n\n(b) the impairment has resulted in the child having substantially reduced functional capacity in relation to any of the following—\n\n(i) communication;\n\n(ii) social interaction;\n\n(iii) learning;\n\n(iv) self-care;\n\n(v) self-management.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of *terrorism record*","content":"\t7 Meaning of *terrorism record*\n\nFor the purposes of this Act, a person has a ***terrorism record*** if the person—\n\n(a) has been convicted of a terrorism or foreign incursion offence; or\n\n(b) is or has been subject to a terrorism-related order.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of *terrorism risk information*","content":"\t8 Meaning of *terrorism risk information*\n\n(1) For the purposes of this Act, ***terrorism risk information*** in respect of a person means—\n\n(a) an assessment made by an entity specified in subsection (2) that there is a risk that the person will commit a terrorism or foreign incursion offence; and\n\n(b) the information relied on in making that assessment.\n\n(2) The specified entities are—\n\n(a) the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth; and\n\n(b) Victoria Police; and\n\n(c) the Australian Federal Police; and\n\n(d) the Australian Security Intelligence Organisation; and\n\n(e) the Department; and\n\n(f) the police force or police service of another State or a Territory; and\n\n(g) the Department of Home Affairs of the Commonwealth; and\n\n(h) each prescribed entity.\n\n(3) Without limiting subsection (1)(b), the information referred to in that provision may include—\n\n(a) information regarding the person having expressed support for—\n\n(b) information regarding the person having, or having had, an association with—\n\n(i) another person or a group that has expressed support of the kind referred to in paragraph (a); or\n\n(ii) another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or\n\n(iii) a terrorist organisation.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"References to sentencing child include sentencing on appeal","content":"\t9 References to sentencing child include sentencing on appeal\n\nIn this Act, a reference to sentencing a child includes sentencing a child on appeal, unless the context otherwise requires.\n\n","sortOrder":10},{"sectionNumber":"Part 1","sectionType":"part","heading":"2—Criminal responsibility of children","content":"Part 1.2—Criminal responsibility of children\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Minimum age of criminal responsibility","content":"\t10 Minimum age of criminal responsibility\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence.\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Presumption that child 12 or 13 years of age cannot commit an offence","content":"\t11 Presumption that child 12 or 13 years of age cannot commit an offence\n\n(1) It is presumed that a child who is 12 or 13 years of age cannot commit an offence.\n\n(2) The presumption in subsection (1) is rebutted only if the prosecution proves beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong.\n\n(3) Whether a child knew that their conduct was seriously wrong—\n\n(a) is a question of fact; and\n\n(b) cannot be inferred merely from the fact that the child engaged in the conduct which constituted the offence; and\n\n(c) refers to the child's knowledge that it was seriously wrong in a moral sense to engage in the conduct that constitutes the physical element or elements of the offence.\n\n(4) To avoid doubt—\n\n(a) any presumption arising by or under the common law in relation to the criminal responsibility of a child continues to apply; and\n\n(b) in the event of inconsistency between this section and a presumption referred to in paragraph (a), this section prevails to the extent of the inconsistency.\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Matters to which police officer must have regard","content":"\t12 Matters to which police officer must have regard\n\n(1) Before deciding to commence a proceeding for an offence allegedly committed by a child at 12 or 13 years of age, a police officer must have regard to whether it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong having regard to section 11(3).\n\n(2) For the purposes of subsection (1), as far as practicable, a police officer must consider the following—\n\n(a) any information available to the police officer about the child's age, maturity and stage of development;\n\n(b) any information available to the police officer about whether the child has a disability or a mental illness;\n\n(c) any previous decision by a court or any person about whether the child could be held criminally responsible for any other conduct;\n\n(d) any other matter relevant to the criminal responsibility of the child or the circumstances of the alleged offending.\n\n(3) If a police officer decides to commence a proceeding for the alleged offence, the police officer must record—\n\n(a) the reasons why it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong having regard to section 11(3); and\n\n(b) any information, evidence or other matter referred to in subsection (2) that was considered by the police officer; and\n\n(4) A record under subsection (3)—\n\n(a) must be in the prescribed form; and\n\n(b) must be filed in the court with the charge‑sheet at the commencement of the proceeding.\n\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Review of charge against child who allegedly committed offence at 12 or 13 years of age","content":"\t13 Review of charge against child who allegedly committed offence at 12 or 13 years of age\n\n(1) If a summary proceeding is commenced in the Children's Court against a child for the alleged commission of an indictable offence at 12 or 13 years of age, the prosecutor must review the charge against the child in accordance with this section.\n\n(2) Subsection (1) does not apply to a charge for an offence being prosecuted by the DPP.\n\n(3) The prosecutor, having regard to the preliminary brief or the full brief for the charge (as the case requires), must consider whether it appears at the time of the review that there is—\n\n(a) sufficient admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong having regard to section 11(3); and\n\n(b) sufficient admissible evidence to prove beyond reasonable doubt each element of the alleged offence; and\n\n(c) a reasonable prospect of the child being found guilty of the alleged offence.\n\n(4) The prosecutor must complete the review as soon as possible after the date of commencement of the proceeding and, if practicable, not later than 21 working days after that date.\n\n(5) If it appears to the prosecutor at the time of the review that the matters described in subsection (3) are not satisfied, the prosecutor, as soon as possible after the completion of the review, must consider whether it would be appropriate to withdraw the charge against the child for the alleged offence.\n\n(6) To avoid doubt, if a summary proceeding is commenced against a child for the alleged commission of more than one offence, nothing in this section requires the prosecutor to—\n\n(a) review a charge against the child for the alleged commission of an offence at 14 years of age or older; or\n\n(b) consider the withdrawal of a charge against the child for the alleged commission of an offence at 12 or 13 years of age if it appears to the prosecutor that the matters described in subsection (3) are satisfied in respect of the charge.\n\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Notice of completion of review of charge","content":"\t14 Notice of completion of review of charge\n\nOn completing a review of a charge against a child in accordance with section 13, the prosecutor reviewing the charge must take reasonable steps to give the child or the child's legal representative written notice—\n\n(a) that the prosecutor has completed the review; and\n\n(b) whether the prosecutor is satisfied of the matters referred to in section 13(3).\n\nPart 1.3—Guiding youth justice principles\n\nDivision 1—Operation and purpose of the guiding youth justice principles\n\n\t15 Interaction of guiding youth justice principles with this Act\n\nThe guiding youth justice principles apply—\n\n(a) subject to any express requirements in this Act or any other Act; or\n\n(b) unless the context otherwise requires.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Purposes of guiding youth justice principles","content":"\t16 Purposes of guiding youth justice principles\n\nThe purposes of the guiding youth justice principles are to—\n\n(a) promote community safety; and\n\n(b) minimise and reduce offending by children and young persons; and\n\n(c) support the rehabilitation and positive development of children and young persons.\n\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Taking into account guiding youth justice principles","content":"\t17 Taking into account guiding youth justice principles\n\n(1) The Secretary, the DFFH Secretary, the Commissioner for Youth Justice, any court, the Youth Parole Board, Victoria Police or any person or other entity should take into account each guiding youth justice principle to the fullest extent possible when—\n\n(a) exercising any power under this Act in respect of a child or young person; or\n\n(b) performing any function under this Act in respect of a child or young person; or\n\n(c) making any decision or taking any other action under this Act in respect of a child or young person.\n\n(2) Despite subsection (1), a court is not to take into account the guiding youth justice principles in sentencing a child or young person.\n\n(3) In the event of any inconsistency between the guiding youth justice principles and the guiding custodial principles, the guiding custodial principles take precedence to the extent of the inconsistency.\n\nS. 17(4) amended by No. 41/2025 s. 3(Sch. 1 item 35.1).\n\n(4) To ensure the guiding youth justice principles in section 24 are taken into account, the Secretary, the DFFH Secretary, the Commissioner for Youth Justice, a court, the Youth Parole Board, Victoria Police or any person or other entity must make inquiries to determine whether a child or young person is an Aboriginal person before—\n\n(a) exercising any power under this Act in respect of the child or young person; or\n\n(b) performing any function under this Act in respect of the child or young person; or\n\n(c) making any decision or taking any other action under this Act in respect of the child or young person.\n\n1 This Part applies in respect of a child held in custody in a youth justice custodial centre under Part 2AA or 2A of the **Terrorism (Community Protection) Act 2003**. However, in the event of any inconsistency between this Part and the provisions of Part 2AA of the **Terrorism (Community Protection) Act 2003**, the relevant provisions of that Act prevail—see section 13AS of the **Terrorism (Community Protection) Act 2003**.\n\n2 In the event of any inconsistency between this Part and the provisions of Part 2A of the **Terrorism (Community Protection) Act 2003** or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of that Act or the order (as the case requires) prevail—see section 13WA of the **Terrorism (Community Protection) Act 2003**.\n\n","sortOrder":18},{"sectionNumber":"Div 2","sectionType":"division","heading":"Guiding youth justice principles","content":"Division 2—Guiding youth justice principles\n\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Guiding youth justice principle—treatment of children and young persons","content":"\t18 Guiding youth justice principle—treatment of children and young persons\n\n(1) Children and young persons are to be treated differently to adults, in a way that recognises that they—\n\n(a) are developmentally distinct from adults; and\n\n(b) are dependent on parents, family and persons of significance in their lives, and the wider community, to provide them opportunities to realise their full potential; and\n\n(c) tend to be vulnerable when dealing with persons of authority; and\n\n(d) have a unique capacity for rehabilitation and positive development when properly supported.\n\n(2) Children and young persons are to be responded to as individuals and in a way that—\n\n(a) addresses the underlying causes of the child's or young person's offending behaviour, having regard to the available evidence about what works to reduce offending; and\n\n(b) promotes the child's or young person's human rights; and\n\n(c) promotes the child's or young person's strengths, including acknowledging the child's or young person's developmental needs, characteristics, identity and capacity for positive change; and\n\n(d) supports the child or young person to take responsibility for their actions, having regard to their capacity to do so, including by helping the child or young person recognise the impacts of their actions on victims and the community; and\n\n(e) provides the child or young person with opportunities to participate in decision-making processes that affect them and ensures that those processes are accessible, comprehensible and culturally appropriate; and\n\n(f) minimises stigma to the child or young person; and\n\n(g) promotes and sustains the engagement of the child's or young person's parents, family and persons of significance in their lives, and the wider community, in the rehabilitation of the child or young person; and\n\n(h) recognises the unique vulnerabilities and systemic and structural issues that disproportionately impact upon cohorts to which the child or young person belongs, including but not limited to children or young persons—\n\n(i) with a disability; or\n\n(ii) with a mental illness; or\n\n(iii) from a culturally or linguistically diverse background; or\n\n(iv) with a history of involvement with the child protection system; and\n\nSection 24 sets out guiding principles that are specific to Aboriginal children and young persons.\n\n(i) recognises that children or young persons may themselves be victims; and\n\n(j) contributes to the most timely outcome for the child or young person that is appropriate in the circumstances.\n\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Guiding youth justice principle—prevention, diversion and minimum intervention","content":"\t19 Guiding youth justice principle—prevention, diversion and minimum intervention\n\nResponses to offending and alleged offending by children and young persons are to emphasise prevention, diversion and minimum intervention by—\n\n(a) ensuring that the child or young person is subject to the minimum intervention that is necessary and appropriate in the circumstances with any deprivation of liberty being a last resort and for the minimum period appropriate; and\n\n(b) giving priority to diverting the child or young person away from the criminal justice system and supporting efforts at early intervention to address the causes of offending behaviour; and\n\n(c) ensuring that a criminal proceeding is not commenced against the child or young person if there are other appropriate means of dealing with the child's behaviour or the young person's behaviour, unless the public interest requires otherwise.\n\nSection 92(1) establishes the hierarchy of options for alleged offending behaviour by a child. The hierarchy requires a police officer to apply the least restrictive option that is appropriate in the circumstances.\n\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Guiding youth justice principle—rights of victims and the importance of restoration","content":"\t20 Guiding youth justice principle—rights of victims and the importance of restoration\n\nThe rights of victims and the importance of restoration are to be recognised by—\n\n(a) providing opportunities for restoration of harm and restorative processes that allow the harm done by a child or young person to their victims, their families and their community to be acknowledged; and\n\n(b) providing opportunities for victims to participate in such processes and for the harm done to them to be acknowledged.\n\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Guiding youth justice principle—importance of parents and family","content":"\t21 Guiding youth justice principle—importance of parents and family\n\n(1) Parents, family and persons of significance in a child's life or a young person's life are to be recognised as having a shared responsibility to help the child or young person to rehabilitate, positively develop and not offend.\n\n(2) Parents, family and persons of significance in a child's life or a young person's life are to be engaged to fulfil the responsibilities—\n\n(a) of caring for and supporting the child or young person; and\n\n(b) of helping the child or young person to rehabilitate, positively develop and not offend.\n\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Guiding youth justice principle—promotion of partnership and collaboration with agencies and other entities","content":"\t22 Guiding youth justice principle—promotion of partnership and collaboration with agencies and other entities\n\n(1) Public service bodies, public entities, Victoria Police, non-government organisations and the community have a shared responsibility to—\n\n(a) support children and young persons to rehabilitate, positively develop and not offend; and\n\n(b) prevent children and young persons from having contact with the youth justice system; and\n\n(c) divert children and young persons from the youth justice system, to the greatest extent possible.\n\n(2) Public service bodies, public entities, Victoria Police, non-government organisations and the community are to—\n\n(a) work together in partnership in recognition of the shared responsibility referred to in subsection (1); and\n\n(b) engage, collaborate and cooperate with each other to acquit this shared responsibility.\n\n","sortOrder":24},{"sectionNumber":"Div 3","sectionType":"division","heading":"Guiding youth justice principles and matters specific to Aboriginal children and young persons","content":"Division 3—Guiding youth justice principles and matters specific to Aboriginal children and young persons\n\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Statement of recognition in respect of Aboriginal children and young persons","content":"\t23 Statement of recognition in respect of Aboriginal children and young persons\n\n(1) In Victoria, Aboriginal children and young persons are over-represented in the youth justice system, particularly in custody.\n\n(2) Inequality, and structural and institutional racism, caused by colonisation and laws, policies and systems which explicitly excluded and harmed Aboriginal people and culture, have led to this over-representation and the continuation of systemic injustice.\n\n(3) This Act, and the youth justice system generally, aims to address the factors that drive the over‑representation of Aboriginal children and young persons in the youth justice system, to ensure they are treated fairly and equitably in all aspects of the youth justice system.\n\n(4) This Act recognises, respects and supports the distinct cultural rights of Aboriginal people and their right to self-determination.\n\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Guiding youth justice principle—additional principles specific to Aboriginal children and young persons","content":"\t24 Guiding youth justice principle—additional principles specific to Aboriginal children and young persons\n\n(1) In addition to the other guiding youth justice principles, the right of Aboriginal persons to self­determination must be respected and upheld by—\n\n(a) positioning and empowering Aboriginal persons to design, develop and implement policies, initiatives and strategies that will lead to an Aboriginal-led youth justice system in relation to Aboriginal children and young persons; and\n\n(b) having regard to the following principles—\n\n(i) respect for Aboriginal peoples' human rights and cultural rights;\n\n(ii) equitable partnerships between public service bodies, public entities, Victoria Police, non-government organisations and Aboriginal communities;\n\n(iii) sustainable and flexible funding and resourcing for Aboriginal communities;\n\n(iv) respect for cultural diversity and customary lore;\n\n(v) transfer of decision-making powers to Aboriginal communities with their free, prior and informed consent;\n\n(vi) overcoming barriers including structural racism, discrimination and bias;\n\n(vii) shared commitment, accountability and responsibility;\n\n(viii) valuing and centring of Aboriginal culture, knowledge and expertise;\n\n(ix) embedding cultural safety in policies, programs and services.\n\n(2) The right of Aboriginal children and young persons to self-determination must be supported by—\n\n(a) providing them with the opportunity to express their views; and\n\n(b) promoting their participation, and the participation of their family, kin and Elders, in decision-making processes that affect them.\n\n(3) Aboriginal children and young persons must be supported by recognising that—\n\n(a) Aboriginal concepts of family include extended kinship relationships and family structures; and\n\n(b) strong connections with family, kin, community, culture, Country and Elders are the foundations needed for Aboriginal children and young persons to thrive; and\n\n(c) Aboriginal children and young persons who have committed or are alleged to have committed offences should be dealt with in a way that—\n\n(i) upholds their cultural rights; and\n\n(ii) sustains their ties to family, kin, community, culture, Country and Elders.\n\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Obligation on Secretary to develop strategic partnerships with Aboriginal communities","content":"\t25 Obligation on Secretary to develop strategic partnerships with Aboriginal communities\n\nIn respecting and upholding the principles of self-determination, the Secretary must seek to develop strategic partnerships with Aboriginal communities by—\n\n(a) sharing information and data relating generally to the experiences of Aboriginal children and young persons in the youth justice system; and\n\n(b) providing opportunities, and inviting proposals, to improve justice outcomes for Aboriginal children and young persons; and\n\n(c) working with the Koori Court, the Commissioner for Aboriginal Children and Young People, Aboriginal communities and representatives of the Aboriginal community on justice-related issues to set justice-related targets for Aboriginal children and young persons; and\n\n(d) enabling the progressive transfer of authority, resources and responsibilities to an Aboriginal-controlled justice system in consultation with representatives of the Aboriginal community on justice-related issues and Aboriginal communities; and\n\n(e) developing accountability measures to improve outcomes for Aboriginal children and young persons.\n\n","sortOrder":28},{"sectionNumber":"Div 4","sectionType":"division","heading":"Consultation with representatives of the Aboriginal community on justice-related issues","content":"Division 4—Consultation with representatives of the Aboriginal community on justice-related issues\n\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Minister or the Secretary to consult with representatives","content":"\t26 Minister or the Secretary to consult with representatives\n\n(1) In respecting and upholding the principles of self-determination, the Minister or the Secretary, as the case requires, must consult, work and collaborate on justice‑related issues with the prescribed representatives of the Aboriginal community for the purposes of—\n\n(a) developing strategic partnerships referred to in section 25(c) and (d); and\n\n(b) determining performance standards; and\n\nSee section 47.\n\n(c) developing an Aboriginal-led early diversion group conference model referred to in section 136; and\n\n(d) any other prescribed provision.\n\n(2) Consultation, work and collaboration on justice‑related issues under subsection (1) must be undertaken in accordance with the prescribed manner.\n\nChapter 2—Entities with functions and powers under this Act\n\nPart 2.1—Functions and powers of the Secretary\n\n\t27 Functions and powers of the Secretary\n\nThe Secretary has the functions and powers conferred on the Secretary under this Act.\n\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Power of the Secretary to enter into contracts","content":"\t28 Power of the Secretary to enter into contracts\n\nWithout limiting the powers conferred on the Secretary whether under this Act or any other Act, the Secretary, on behalf of the Crown, may enter into a contract with a person for the provision of goods or services.\n\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Powers of the Secretary in relation to land","content":"\t29 Powers of the Secretary in relation to land\n\n(1) The Secretary, on behalf of the Crown and for the purposes of this Act, may—\n\n(a) acquire, hold or dispose of land; and\n\n(b) otherwise deal with any land held by the Secretary.\n\n(2) Any acquisition or disposition of or other dealing with land by the Secretary on behalf of the Crown must be made in the name of \"Secretary to the Department of Justice and Community Safety\".\n\n(3) Without limiting subsections (1) and (2), the Secretary, on behalf of the Crown, may dispose of or otherwise deal with land held by the Secretary that was acquired under this Act or the **Children, Youth and Families Act 2005** in the name of \"Secretary to the Department of Justice and Community Safety\" by any person who previously held, acted in or performed the duties of, the office of Secretary.\n\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Committee of management","content":"\t30 Committee of management\n\n(1) The Secretary may be a committee of management under the **Crown Land (Reserves) Act 1978** under the name \"Secretary to the Department of Justice and Community Safety\".\n\n(2) Any record relating to a committee of management to which subsection (1) applies must refer to the committee of management in the name of \"Secretary to the Department of Justice and Community Safety\".\n\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Record of dealings by Registrar of Titles","content":"\t31 Record of dealings by Registrar of Titles\n\n(1) If the Secretary acquires any land on behalf of the Crown for the purposes of this Act, any recordings in the Register by the Registrar of Titles of the acquisition must be in the name of \"Secretary to the Department of Justice and Community Safety\" as the registered proprietor.\n\n(2) If the Secretary, on behalf of the Crown for the purposes of this Act, disposes of or otherwise deals with any land held in the name of \"Secretary to the Department of Justice and Community Safety\", any recording in the Register by the Registrar of Titles must be made in the name of \"Secretary to the Department of Justice and Community Safety\".\n\n(3) If the Secretary, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land for the purposes of this Act, the Registrar must make any recording in relation to that dealing in the name of \"Secretary to the Department of Justice and Community Safety\".\n\n(4) To avoid doubt, land acquired in fee simple by the Secretary on behalf of the Crown for the purposes of this Act is Crown land.\n\n(5) Despite subsection (4) and anything to the contrary in the **Land Act 1958** or the **Transfer of Land Act 1958**, if land acquired by the Secretary on behalf of the Crown for the purposes of this Act—\n\n(a) is under the operation of the **Transfer of Land Act 1958**, it remains under the operation of that Act; and\n\n(b) is not under the operation of the **Transfer of Land Act 1958**, it may be brought under the operation of that Act.\n\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Secretary's powers in relation to intellectual property","content":"\t32 Secretary's powers in relation to intellectual property\n\nThe Secretary, on behalf of the Crown, may do any of the following—\n\n(a) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as security, or otherwise deal with any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);\n\n(b) assign, grant, lease, licence, sell or dispose of, any intellectual property right;\n\n(c) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;\n\n(d) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any Crown copyright.\n\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Delegation","content":"\t33 Delegation\n\n(1) The Secretary, by instrument, may delegate to any person, or class of person, employed under Part 3 of the **Public Administration Act 2004** in the Department, any function or power of the Secretary under this Act or the regulations, except—\n\n(a) the power to make an authorisation under section 59; and\n\n(b) the power to approve the making of a change of name application under section 553; and\n\n(c) the power to approve the making of an acknowledgement of sex application under section 560; and\n\n(d) the power to consent to treatment or admission under section 748(4)(b); and\n\n(e) the power to authorise under section 748(4)(c) a person to grant the consent referred to in paragraph (d); and\n\n(f) this power of delegation.\n\n(2) The Secretary, by instrument, may delegate to an executive within the meaning of the **Public Administration Act 2004** who is employed at the level of EO 2 or above—\n\n(a) the power to consent to treatment or admission under section 748(4)(b); and\n\n(b) the power to authorise under section 748(4)(c) a person to grant the consent referred to in paragraph (a).\n\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Report by Secretary","content":"\t34 Report by Secretary\n\n(1) If, in a quarter of a calendar year, the Secretary makes a disclosure under section 60A of the **Commission for Children and Young People Act 2012**, the Secretary must publish the total number of adverse events relating to children and young persons held in custody in a youth justice custodial centre that were disclosed by the Secretary to the Commission in the relevant quarter.\n\n(2) The details must be published on the Department's Internet site within one month of the end of the relevant quarter.\n\n***relevant quarter*** means the quarter of a calendar year to which the publication of details relates.\n\n","sortOrder":37},{"sectionNumber":"Part 2","sectionType":"part","heading":"2—Commissioner for Youth Justice","content":"Part 2.2—Commissioner for Youth Justice\n\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Commissioner for Youth Justice","content":"\t35 Commissioner for Youth Justice\n\n(1) There is a Commissioner for Youth Justice.\n\n(2) The Secretary may employ the Commissioner for Youth Justice under Part 3 of the **Public Administration Act 2004**.\n\n(3) A person is eligible to be employed as the Commissioner for Youth Justice if the person is suitably qualified and experienced, including having—\n\n(a) significant experience in youth justice; and\n\n(b) a qualification or experience in child and adolescent development.\n\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Functions and powers of Commissioner for Youth Justice","content":"\t36 Functions and powers of Commissioner for Youth Justice\n\n(1) The Commissioner for Youth Justice has the following functions—\n\n(a) providing leadership and stewardship of the youth justice system on a whole of system basis to—\n\n(i) support early intervention efforts and the diversion of children and young persons away from the justice system; and\n\n(ii) minimise and reduce offending involving children and young persons;\n\n(b) supporting the rehabilitation and positive development of children and young persons who are subject to youth justice supervision in the community and in custody through the effective delivery of evidence-based programs;\n\n(c) coordinating and delivering services and supports to children and young persons;\n\n(d) ensuring the safe, stable and secure operation of youth justice custodial centres and the supervision of children and young persons in those centres;\n\n(e) establishing and conducting high risk panels;\n\n(f) performing any function of the Secretary delegated to the Commissioner for Youth Justice under section 33;\n\n(g) directing all youth justice custodial officers in the carrying out of their functions and duties;\n\n(h) performing any other functions conferred on the Commissioner under this Act, the **Children, Youth and Families Act 2005** or any other Act;\n\n(i) performing any prescribed functions.\n\n(2) The Commissioner for Youth Justice has all the powers that are necessary or required to perform the functions of the Commissioner for Youth Justice under this Act, the **Children, Youth and Families Act 2005** and any other Act.\n\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Secretary has and may exercise functions and powers of the Commissioner for Youth Justice","content":"\t37 Secretary has and may exercise functions and powers of the Commissioner for Youth Justice\n\n(1) The Secretary has and may exercise all the functions and powers of the Commissioner for Youth Justice.\n\n(2) Unless the context otherwise requires, for the purposes of subsection (1), a reference in this Act, the **Children, Youth and Families Act 2005** or any other Act to the Commissioner for Youth Justice includes the Secretary when exercising the functions and powers of the Commissioner for Youth Justice.\n\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Commissioner for Youth Justice has and may exercise functions and powers of youth justice custodial officer","content":"\t38 Commissioner for Youth Justice has and may exercise functions and powers of youth justice custodial officer\n\n(1) The Commissioner for Youth Justice has and may exercise all the functions and powers of a youth justice custodial officer.\n\n(2) The exercise of a function or power by the Commissioner for Youth Justice under subsection (1) prevails over the exercise of the function or power by a youth justice custodial officer.\n\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Delegation by Commissioner for Youth Justice","content":"\t39 Delegation by Commissioner for Youth Justice\n\nThe Commissioner for Youth Justice, by instrument, may delegate to any person or class of person employed under Part 3 of the **Public Administration Act 2004** in the Department  or to any other person engaged by the Department any function or power of the Commissioner for Youth Justice under this Act or the regulations, except—\n\n(a) this power of delegation; or\n\n(b) in the case of any other person engaged by the Department—\n\n(i) the power to order a search under section 497 (unclothed search of child or young person held in custody in a youth justice custodial centre); and\n\n(ii) the power to authorise the use of reasonable force to carry out an unclothed search under section 498.\n\nPart 2.3—Aboriginal youth justice agencies\n\nDivision 1—Registration of Aboriginal youth justice agencies\n\n\t40 Application for registration\n\n(1) A body corporate may apply to the Secretary for registration as an Aboriginal youth justice agency.\n\n(2) An application for registration must be made in the form approved by the Secretary.\n\n(3) An application for registration must specify the Aboriginal youth justice agency functions and powers that the principal officer could be authorised to perform under Division 6 if registration is granted.\n\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Secretary may register body corporate as an Aboriginal youth justice agency","content":"\t41 Secretary may register body corporate as an Aboriginal youth justice agency\n\n(1) The Secretary may register a body corporate as an Aboriginal youth justice agency if the Secretary is reasonably satisfied that—\n\n(a) the principal officer (other than an acting principal officer) is an Aboriginal person; and\n\n(b) the body corporate has a board whose members are elected by the Aboriginal community; and\n\n(c) the board operates consistently with principles of Aboriginal self-determination; and\n\n(d) the body corporate is established to provide services and has the necessary experience—\n\n(i) to support the rehabilitation and positive development of children and young persons; and\n\n(ii) to minimise and reduce reoffending by children and young persons; and\n\n(e) the body corporate would be able to meet the performance standards applicable to the performance and exercise of Aboriginal youth justice agency functions and powers which the body corporate could be authorised to perform or exercise.\n\n(2) In considering whether to register a body corporate as an Aboriginal youth justice agency, for the purposes of subsection (1)(b) and (c), the Secretary is to have regard to any prescribed matters.\n\n(3) If the Secretary registers a body corporate as an Aboriginal youth justice agency under subsection (1), the Secretary must also specify in writing the Aboriginal youth justice agency functions and powers in respect of which the registration is granted.\n\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Secretary may impose conditions on registration","content":"\t42 Secretary may impose conditions on registration\n\n(1) The Secretary may impose on the registration or renewal of registration of an Aboriginal youth justice agency any conditions or restrictions that the Secretary considers appropriate.\n\n(2) A registered Aboriginal youth justice agency must comply with any conditions or restrictions imposed on the registration.\n\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Registration period","content":"\t43 Registration period\n\nUnless registration is sooner revoked, a body corporate is registered as an Aboriginal youth justice agency for—\n\n  (a)  3 years; or\n\n(b) if a longer registration period is determined for that body corporate by the Secretary, that longer period.\n\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Renewal of registration","content":"\t44 Renewal of registration\n\n(1) A registered Aboriginal youth justice agency may apply to the Secretary to renew its registration.\n\n(2) An application for renewal of registration must be made in the form approved by the Secretary.\n\n(3) The Secretary must renew the registration if reasonably satisfied that—\n\n(a) the body corporate continues to meet the requirements of section 41(1)(a), (b), (c) and (d); and\n\n(b) the agency continues to meet the performance standards applicable to the agency.\n\n(4) Unless registration is sooner revoked, on the renewal of registration a body is registered as an Aboriginal youth justice agency for—\n\n  (a)  3 years; or\n\n(b) if a longer registration period is determined for that body by the Secretary, that longer period.\n\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Secretary must give notice of refusal to renew registration","content":"\t45 Secretary must give notice of refusal to renew registration\n\n(1) The Secretary must give a registered Aboriginal youth justice agency written notice of a decision to not to renew that agency's registration.\n\n(2) The written notice must—\n\n(a) set out the reasons for the decision; and\n\n(b) invite the agency to make submissions about the decision; and\n\n(c) be given at least 21 days before the registration is to expire.\n\n(3) The registered Aboriginal youth justice agency must make any submissions within 14 days after receiving the written notice.\n\n(4) Before the date on which the registration is to expire, the Secretary must—\n\n(a) consider any submissions received under subsection (3); and\n\n(b) decide whether to renew or refuse to renew the registration.\n\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Register of registered Aboriginal youth justice agencies","content":"\t46 Register of registered Aboriginal youth justice agencies\n\nThe Secretary must keep a register of registered  Aboriginal youth justice agencies that includes the prescribed information about each agency.\n\nDivision 2—Performance standards\n\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Performance standards for registered Aboriginal youth justice agencies","content":"\t47 Performance standards for registered Aboriginal youth justice agencies\n\n(1) The Minister must determine performance standards for registered Aboriginal youth justice agencies.\n\n(2) In determining performance standards, the Minister must—\n\n(a) consult with Aboriginal communities and the representatives of the Aboriginal community on justice-related issues; and\n\n(b) have regard to the unique role and capabilities of Aboriginal organisations and the benefits and strengths provided to Aboriginal children and young persons and the youth justice system by Aboriginal organisations.\n\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Subject matter for performance standards","content":"\t48 Subject matter for performance standards\n\nThe Minister must make performance standards in respect of any matter relating to the operation of registered Aboriginal youth justice agencies including, but not limited to, the following—\n\n(a) governance of a registered Aboriginal youth justice agency;\n\n(b) financial viability;\n\n(c) information management;\n\n(d) service delivery;\n\n(e) privacy and confidentiality;\n\n(f) complaints management;\n\n(g) human resource management.\n\n","sortOrder":51},{"sectionNumber":"49","sectionType":"section","heading":"Publication, amendment and revocation of performance standards","content":"\t49 Publication, amendment and revocation of performance standards\n\n(1) A performance standard must be published in the Government Gazette.\n\n(2) A performance standard has effect on the later of—\n\n(a) the day specified in the performance standard; or\n\n(b) on the day that is 30 days after the day on which the performance standard is published in the Government Gazette.\n\n(3) The Minister, by notice published in the Government Gazette, may amend or revoke a performance standard.\n\n","sortOrder":52},{"sectionNumber":"50","sectionType":"section","heading":"Registered Aboriginal youth justice agency must comply with relevant performance standard","content":"\t50 Registered Aboriginal youth justice agency must comply with relevant performance standard\n\nA registered Aboriginal youth justice agency must comply with any performance standard that applies to the registered Aboriginal youth justice agency.\n\nDivision 3—Revocation of registration\n\n","sortOrder":53},{"sectionNumber":"51","sectionType":"section","heading":"Revocation of registration","content":"\t51 Revocation of registration\n\n(1) If the Secretary considers it appropriate to do so, the Secretary may revoke—\n\n(a) the registration of a registered Aboriginal youth justice agency; or\n\n(b) the registration of a Aboriginal youth justice agency in respect of certain Aboriginal youth justice agency functions and powers.\n\n(2) Without limiting subsection (1), in determining whether revocation is appropriate, the Secretary may have regard to the following—\n\n(a) any material or sustained failure by the registered Aboriginal youth justice agency to comply with any performance standards applying to that agency, that has adversely impacted on the care and supervision by the agency of an Aboriginal child or young person or Aboriginal children and young persons;\n\n(b) whether the registered Aboriginal youth justice agency continues to meet the requirements of section 41(1)(a) to (d);\n\n(c) whether the registered Aboriginal youth justice agency has become insolvent under administration or an externally administered body corporate;\n\n(d) any other circumstance that the Secretary considers relevant that affects the registered Aboriginal youth justice agency's ability to reasonably care for and supervise an Aboriginal child or young person.\n\n(3) A revocation of registration takes effect on the day specified in the notice of revocation given under section 52(2), unless the Secretary sooner decides not to revoke registration.\n\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Secretary must give notice of revocation","content":"\t52 Secretary must give notice of revocation\n\n(1) The Secretary must give a registered Aboriginal youth justice agency written notice of a decision to—\n\n(a) revoke the agency's registration; or\n\n(b) revoke the agency's registrations in respect of certain Aboriginal youth justice agency functions and powers.\n\n(2) The written notice of revocation must—\n\n(a) set out the reasons for the revocation; and\n\n(b) specify the date on which the revocation is to take effect; and\n\n(c) invite the agency to make submissions about the revocation; and\n\n(d) be given to the agency at least 21 days before the date on which the revocation is to take effect.\n\n(3) The registered Aboriginal youth justice agency must make any submissions within 14 days after receiving the written notice of revocation.\n\n(4) Before the date on which the revocation is to take effect, the Secretary must—\n\n(a) consider any submissions received under subsection (3); and\n\n(b) decide whether to revoke the registration.\n\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Effect of revocation of registration","content":"\t53 Effect of revocation of registration\n\n(1) On revocation of the registration of an Aboriginal youth justice agency—\n\n(a) any authorisation of the principal officer of that agency under Division 6 is revoked; and\n\n(b) the Secretary may continue and complete any action commenced under the authorisation by the principal officer.\n\n(2) On revocation of the registration of an Aboriginal youth justice agency in respect of certain Aboriginal youth justice agency functions and powers—\n\n(a) any authorisation of the principal officer of that agency under Division 6 to perform those functions or exercise those powers is revoked; and\n\n(b) the Secretary may continue and complete any action commenced under the authorisation by the principal officer.\n\n(3) On the revocation or partial revocation of the registration of an Aboriginal youth justice agency, the principal officer must provide the Secretary with all of the records that have been created by or on behalf of the registered Aboriginal youth justice agency, or provided to the registered Aboriginal youth justice agency, in respect of a child or young person as a result of—\n\n(a) any authorisation of the agency under Division 6; or\n\n(b) if the revocation is in respect of certain Aboriginal youth justice agency functions and powers, any authorisation of the agency under Division 6 to perform those functions or exercise those powers.\n\nDivision 4—Review of decisions\n\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Internal review by Secretary","content":"\t54 Internal review by Secretary\n\n(1) Each of the following decisions is a decision for internal review—\n\n(a) a decision to refuse registration as a registered Aboriginal youth justice agency;\n\n(b) a decision to refuse to renew the registration of a registered Aboriginal youth justice agency;\n\n(c) a decision to revoke the registration of a registered Aboriginal youth justice agency or to revoke the registration in respect of certain Aboriginal youth justice agency functions and powers;\n\n(d) a decision under section 62(1) by the Secretary to revoke an authorisation made under section 59(1).\n\n(2) The Secretary must prepare and implement procedures for the internal review of a decision for internal review.\n\n(3) The principal officer of the Aboriginal youth justice agency  may apply to the Secretary for internal review of a decision for internal review.\n\n(4) The Secretary must give to the principal officer  a written statement of the decision on the internal review and the reasons for the decision on the internal review.\n\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Review by VCAT of decision made on internal review","content":"\t55 Review by VCAT of decision made on internal review\n\n(1) The principal officer of an Aboriginal youth justice agency may apply to VCAT for review of a decision of the Secretary made on an internal review under section 54.\n\n(2) An application for review of the decision must be made within 28 days after the day on which the person was given the statement of reasons under section 54(4).\n\n","sortOrder":58},{"sectionNumber":"Div 5","sectionType":"division","heading":"Monitoring","content":"Division 5—Monitoring\n\n","sortOrder":59},{"sectionNumber":"56","sectionType":"section","heading":"Secretary may make inquiries","content":"\t56 Secretary may make inquiries\n\nThe Secretary may make any inquiries the Secretary considers appropriate relating to any matter arising from the performance or exercise by the principal officer of  a registered Aboriginal youth justice agency of Aboriginal youth justice agency functions and powers under an authorisation under Division 6.\n\n","sortOrder":60},{"sectionNumber":"57","sectionType":"section","heading":"Secretary may visit registered Aboriginal youth justice agency","content":"\t57 Secretary may visit registered Aboriginal youth justice agency\n\n(1) The Secretary, at any time, may visit a registered Aboriginal youth justice agency for any of the following purposes—\n\n(a) to make any examinations or inspections that appear to be necessary regarding the management of the registered Aboriginal youth justice agency;\n\n(b) to make inquiries relating to the supervision of Aboriginal children and young persons by the registered Aboriginal youth justice agency;\n\n(c) to inspect any document or record relating to an Aboriginal child or young person who is the subject of an authorisation under Division 6;\n\n(d) to make any inquiries about any matter arising from the performance or exercise of  Aboriginal youth justice agency functions and powers under an authorisation under Division 6;\n\n(e) to inspect any other document or record that is required to be kept by the registered Aboriginal youth justice agency under this Act or the regulations;\n\n(f) any other prescribed purpose.\n\n(2) Before conducting a visit under subsection (1), the Secretary must give written notice of the visit to the registered Aboriginal youth justice agency unless the Secretary considers that—\n\n(a) the purpose for conducting the visit is urgent; and\n\n(b) giving notice of the visit would be inappropriate in the circumstances.\n\n(3) The Secretary must conduct a visit and any inspection, examination or inquiries during that visit in accordance with the regulations.\n\n","sortOrder":61},{"sectionNumber":"58","sectionType":"section","heading":"Registered Aboriginal youth justice agency must assist","content":"\t58 Registered Aboriginal youth justice agency must assist\n\nThe principal officer and every member of staff of a registered Aboriginal youth justice agency must provide the Secretary with such reasonable assistance and access to records and members of staff as the Secretary requires in carrying out a function under this Division.\n\n","sortOrder":62},{"sectionNumber":"Div 6","sectionType":"division","heading":"Authorisation of registered Aboriginal youth justice agency to act in relation to an Aboriginal child or young person","content":"Division 6—Authorisation of registered Aboriginal youth justice agency to act in relation to an Aboriginal child or young person\n\n\t59 Secretary may authorise principal officer of registered Aboriginal youth justice agency to perform functions or exercise powers\n\n(1) Subject to this section, the Secretary may authorise the principal officer of a registered Aboriginal youth justice agency to perform specified prescribed functions and exercise specified prescribed powers conferred on the Secretary by or under this Act in relation to an Aboriginal child or young person.\n\n(2) The Secretary may only make an authorisation under subsection (1) if—\n\n(a) the Secretary has—\n\n(i) explained the effect and purpose of the authorisation to the child or young person; and\n\n(ii) the child or young person has given oral or written consent to the authorisation; and\n\n(b) in the case of an authorisation relating to a child who is under 18 years of age, the Secretary has had regard to any views expressed by the parent of the child or any person who has day-to-day care of the child, if those views can be reasonably obtained; and\n\n(c) the registered Aboriginal youth justice agency and the principal officer have agreed to the authorisation; and\n\n(d) the registered Aboriginal youth justice agency is registered to perform the prescribed function or exercise the prescribed power that will be specified in the authorisation.\n\n(3) The authorisation under subsection (1) must be in writing.\n\n","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Secretary must disclose information to principal officer for making decision about agreeing to authorisation","content":"\t60 Secretary must disclose information to principal officer for making decision about agreeing to authorisation\n\n(1) Before making an authorisation under section 59, the Secretary must provide the registered Aboriginal youth justice agency and the principal officer with all information that is known to the Secretary and that is reasonably necessary to assist the registered Aboriginal youth justice agency and the principal officer to make an informed decision as to whether or not to agree to the authorisation.\n\n(2) For the purposes of subsection (1), the Secretary may disclose to the principal officer of a registered Aboriginal youth justice agency any information that is otherwise prohibited from being disclosed under this Act.\n\n(3) The Secretary must not disclose any information under this section if it would be contrary to a court order.\n\n(4) Information referred to in subsections (1) and (2) may only be disclosed by the Secretary to the extent that it relates to a child or young person who is to be the subject of an authorisation of the principal officer under section 59.\n\n","sortOrder":64},{"sectionNumber":"61","sectionType":"section","heading":"Effect of authorisation","content":"\t61 Effect of authorisation\n\n(1) On an authorisation under section 59 being made, this Act applies in relation to the performance or the exercise of an Aboriginal youth justice agency function or power specified in the authorisation as if the principal officer were the Secretary.\n\n(2) If an authorisation under section 59 has been made, the Secretary must provide the principal officer with reasonable assistance and support to enable the principal officer to perform the specified functions or exercise the specified powers.\n\n","sortOrder":65},{"sectionNumber":"62","sectionType":"section","heading":"Secretary may revoke authorisation","content":"\t62 Secretary may revoke authorisation\n\n(1) The Secretary, at any time, may revoke an authorisation under section 59 and on that revocation the Secretary may continue and complete any action commenced under the authorisation by the principal officer.\n\n(2) On the revocation of an authorisation under subsection (1), the principal officer must provide the Secretary with all of the records that have been created by or on behalf of the registered Aboriginal youth justice agency, or provided to the registered Aboriginal youth justice agency, in respect of the child or young person as a result of the authorisation.\n\n(3) The revocation under subsection (1) must be in writing.\n\n","sortOrder":66},{"sectionNumber":"63","sectionType":"section","heading":"Powers and functions of acting principal officer","content":"\t63 Powers and functions of acting principal officer\n\n(1) This section applies if a person is appointed to act as the principal officer of a registered Aboriginal youth justice agency during—\n\n(a) a vacancy in the office of the principal officer; or\n\n(b) any period when the principal officer is unable to perform the functions of the principal officer's office, whether because of illness, absence or for any other reason.\n\n(2) The person who is acting as the principal officer is authorised to perform the functions and exercise the powers specified in an authorisation under section 59 in respect of a child or young person who is the subject of the authorisation as if—\n\n(a) the person were the principal officer; and\n\n(b) the person has all the functions, powers and duties of the principal officer under this Act.\n\n(3) This section applies even if the person acting as the principal officer is not an Aboriginal person.\n\n","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"Delegation by principal officer of registered Aboriginal youth justice agency","content":"\t64 Delegation by principal officer of registered Aboriginal youth justice agency\n\nThe principal officer of a registered Aboriginal youth justice agency, by instrument, may delegate to any person or class of person employed by the registered Aboriginal youth justice agency any function or power that the principal officer has been authorised to perform or exercise by an authorisation under section 59, except this power of delegation.\n\n\t65 Use of information disclosed to registered Aboriginal youth justice agency and principal officer for making decision about agreeing to authorisation\n\n(1) A person must not disclose information provided by the Secretary to a registered Aboriginal youth justice agency or the principal officer under section 60 to any other person unless the disclosure is—\n\n(a) to a person employed by that registered Aboriginal youth justice agency; and\n\n(b) for the purpose of assisting the registered Aboriginal youth justice agency and the principal officer to make an informed decision as to whether or not to agree to an authorisation.\n\n(2) Subsection (1) does not apply to the disclosure of information by a principal officer of a registered Aboriginal youth justice agency who has accepted an authorisation under section 59 in respect of the child or young person to whom the information relates.\n\nChapter 3—Police power to take into care and control and transport a child aged 10 or 11 years old\n\nPart 3.1—Preliminary\n\n\t66 Application of Chapter\n\nThis Chapter applies to a child who is 10 or 11 years of age.\n\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Definitions","content":"\t67 Definitions\n\nIn this Chapter—\n\n***IBAC*** means the Independent Broad-based Anti‑corruption Commission established under the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 67 def. of *Integrity Oversight Victoria* inserted by No. 32/2024 s. 852(a).\n\n***Integrity Oversight Victoria*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\n***suitable person*** has the meaning given by section 69(1);\n\n***transport power*** means one or more of the following—\n\n(a) the power to take a child into care and control under section 68;\n\n(b) the power to transport a child under section 69;\n\n(c) the power to keep in care and control a child at a police station under section 70;\n\nS. 67 def. of *transport power report* amended by No. 32/2024 s. 852(b).\n\n***transport power report*** means a report prepared under section 85(1).\n\nS. 67 def. of *Victorian Inspectorate* repealed by No. 32/2024 s. 852(c).\n\n* * * * *\n\n","sortOrder":69},{"sectionNumber":"Part 3","sectionType":"part","heading":"2—Transport power","content":"Part 3.2—Transport power\n\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Child taken into care and control","content":"\t68 Child taken into care and control\n\n(1) Subject to subsection (2), a police officer may take a child into care and control if the police officer believes on reasonable grounds that—\n\n(a) there is a risk of serious harm to the child or another person that is likely to occur as a result of the behaviour of the child; and\n\n(b) it is necessary for the child to be transported under section 69 to minimise that risk of serious harm to the child or other person occurring.\n\n(2) Before a child is taken into care and control under subsection (1), a police officer must take reasonable steps, in the circumstances, to minimise the risk of serious harm to the child or another person that is likely to occur as a result of the behaviour of the child.\n\n","sortOrder":71},{"sectionNumber":"1","sectionType":"section","heading":"Ask the child to leave the place and to go home.","content":"1 Ask the child to leave the place and to go home.\n\n2 Offer to transport the child to another location.\n\n3 Warn the child that they will be taken into the care and control of the police officer if the child does not cease to engage in behaviour that is likely to cause serious harm.\n\n(3) As soon as practicable after taking a child into care and control under subsection (1), a police officer must—\n\n(a) inform the child that the child—\n\n(i) is not under arrest and is not being charged with an offence; and\n\n(ii) has been taken into care and control for the purpose of transporting the child to prevent serious harm to the child or another person that is likely to occur as a result of the behaviour of the child; and\n\n(b) ask the child whether they are Aboriginal or Torres Strait Islander.\n\nSection 72 contains additional requirements in respect of a child who is Aboriginal or Torres Strait Islander that is taken into care and control.\n\n(4) A police officer may release a child taken into care and control under subsection (1) before the child is transported under section 69 if the police officer no longer holds the belief on reasonable grounds referred to in subsection (1).\n\n","sortOrder":72},{"sectionNumber":"69","sectionType":"section","heading":"Transportation of child taken into care and control","content":"\t69 Transportation of child taken into care and control\n\n(1) As soon as practicable after complying with the requirements in section 68, a police officer must place the child into the care of a suitable person, being a person who—\n\n(a) the police officer believes on reasonable grounds is capable of caring for the child; and\n\n(b) consents to taking care of the child.\n\nDepending on the circumstances of each case, a suitable person may include the child's parent, a relative or an adult known to the child.\n\n(2) In determining who is a suitable person under subsection (1), a police officer may consider the child's views in relation to the suitability of a person.\n\n(3) If a police officer is unable to place the child into the care of a suitable person, a police officer must take reasonable steps to place the child into the care of an appropriate health or welfare agency.\n\n(4) For the purposes of subsections (1) and (3), a police officer may—\n\n(a) transport the child to the suitable person or the appropriate health or welfare agency; or\n\n(b) arrange for the suitable person or appropriate health or welfare agency to collect the child from the place the child was taken into care and control.\n\n(5) If a police officer is unable to place the child into the care of a suitable person or an appropriate health or welfare agency, a police officer may, as a last resort, transport the child to a police station.\n\n","sortOrder":73},{"sectionNumber":"70","sectionType":"section","heading":"Child kept in care and control at police station","content":"\t70 Child kept in care and control at police station\n\n(1) This section applies in respect of a child who has been transported to a police station under section 69(5).\n\n(2) A police officer must not place the child in a police gaol or a police cell.\n\n(3) A police officer must continue to take reasonable steps to place the child into the care of a suitable person or an appropriate health or welfare agency while the child is kept in care and control at the police station.\n\n(4) For the purposes of subsection (3), a police officer may—\n\n(a) transport the child to the suitable person or the appropriate health or welfare agency; or\n\n(b) arrange for the suitable person or appropriate health or welfare agency to collect the child from the police station.\n\n(5) A police officer may only continue to keep in care and control the child at the police station if the police officer believes on reasonable grounds that there is a risk of serious harm to the child or another person that is likely to occur as a result of the behaviour of the child if the child were released.\n\n","sortOrder":74},{"sectionNumber":"71","sectionType":"section","heading":"Child in respect of whom transport power is being exercised not to be questioned or interviewed","content":"\t71 Child in respect of whom transport power is being exercised not to be questioned or interviewed\n\nA police officer must not question or interview a child in respect of whom the transport power is being exercised in relation to any offence or alleged offence.\n\n","sortOrder":75},{"sectionNumber":"72","sectionType":"section","heading":"Child who is Aboriginal or Torres Strait Islander taken into care and control","content":"\t72 Child who is Aboriginal or Torres Strait Islander taken into care and control\n\n(a) a child who has been taken into care and control under section 68(1) states (whether or not in response to a question asked by a police officer) that they are Aboriginal or Torres Strait Islander; or\n\n(b) a police officer who has care and control of the child knows or is of the opinion that the child is Aboriginal or Torres Strait Islander.\n\n(2) A police officer must contact an Aboriginal organisation, unless it is not reasonably practicable in the circumstances, for the purposes of—\n\n(a) determining who is a suitable person under section 69(1); or\n\n(b) identifying an appropriate health or welfare agency under section 69(3).\n\n(3) If the child is transported to a police station under section 69(5), a police officer must—\n\n(a) notify a parent of the child that the child has been transported to the police station; and\n\n(b) arrange for the child to be seen by or to contact a support person or support provider, including an Aboriginal organisation or a member of the child's Aboriginal community as requested by the child.\n\n(4) The requirements in subsection (3) must be complied with—\n\n(a) within one hour of arriving at the police station; or\n\n(b) if it is not practicable to do so within one hour, as soon as it is practicable to do so.\n\n","sortOrder":76},{"sectionNumber":"73","sectionType":"section","heading":"Use of force","content":"\t73 Use of force\n\n(1) Subject to subsection (2), a police officer may use such force as is reasonably necessary when—\n\n(a) exercising the transport power; or\n\n(b) searching a child under section 75; or\n\n(c) seizing a thing under section 76.\n\n(2) Before using force under subsection (1), a police officer must to the extent reasonably practicable in the circumstances—\n\n(a) use all other de-escalation techniques that are available; and\n\n(b) give an oral warning to the child that the police officer will use force if the child does not comply; and\n\n(c) if it is safe to do so, give the child a reasonable time to comply with the warning.\n\n(3) For the purposes of subsection (1)—\n\n(a) the use of force must be proportionate; and\n\n(b) the use of force must immediately cease once it is no longer necessary; and\n\n(c) the police officer using force in relation to the child must—\n\n(ii) continuously assess the need for and manner of use of that force, and modify the use of force as required; and\n\n(d) the following physical restraint techniques are prohibited—\n\n(i) techniques for the purpose of restraining, restricting or inhibiting the child's respiratory or digestive functions;\n\n(ii) techniques for the purpose of inflicting pain to compel compliance, including by the hyperextension of joints or applying pressure to the child's chest or joints;\n\n(iii) any other prescribed physical restraint techniques; and\n\n(e) to the extent reasonably practicable in the circumstances, a police officer must avoid causing pain, injury or fear and must reasonably adapt the use of force if the child appears to be in pain, injured or fearful; and\n\n(f) to the extent known and reasonably practicable in the circumstances, in using force on the child, a police officer must have regard to the child's physical stature and individual characteristics and background, including the following—\n\n(i) age, maturity and stage of development;\n\n(ii) gender;\n\n(iii) cultural background or status as Aboriginal or Torres Strait Islander;\n\n(iv) physical and mental health;\n\n(v) disability;\n\n(4) A police officer may only use the following instruments of restraint to restrain a child under this section—\n\n(a) handcuffs (including disposable handcuffs, flex cuffs or handcuff inserts);\n\n(b) an instrument of restraint (other than a spit hood) prescribed for the purposes of this section.\n\n(5) If an instrument of restraint is used to restrain a child under this section the child must be closely supervised while subject to the restraint.\n\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Requirements after use of force","content":"\t74 Requirements after use of force\n\n(1) If force is used under section 73(1), a police officer must—\n\n(a) notify a parent of the child that—\n\n(i) the transport power has been exercised in respect of the child; and\n\n(ii) force has been used on the child for the purpose of one or more of the following—\n\n(A) exercising the transport power;\n\n(B) searching the child;\n\n(C) seizing a thing from the child; and\n\n(b) if the child is reasonably suspected of being injured, or the child or a parent of the child requests it, make all reasonable efforts to ensure that the child is examined by a health practitioner and receives the medical attention and mental health care the child requires.\n\n(2) If a child is examined under subsection (1)(b), a parent of the child must be present unless—\n\n(a) the medical attention or mental health care is urgent; or\n\n(b) it is not reasonably practicable for a parent of the child to be present; or\n\n(c) a police officer has been unable to contact a parent of the child.\n\n(3) If a parent of the child is unable to be present under subsection (2), an independent third party must be present unless—\n\n(a) the medical attention or mental health care is urgent; or\n\n(b) it is not reasonably practicable for an independent third party to be present.\n\n(4) A health practitioner who carries out an examination under subsection (1)(b) must record any clinical observations made during the examination.\n\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Search","content":"\t75 Search\n\n(1) Subject to subsection (2), a police officer may pat‑down search a child in respect of whom the transport power is being exercised if the police officer believes on reasonable grounds that the child is carrying any thing—\n\n(a) that presents a danger to the health and safety of the child or another person; or\n\n(b) could be used by the child to avoid transportation.\n\n(2) Before a pat-down search of a child under subsection (1) is conducted, a police officer must—\n\n(a) inform the child—\n\n(i) of the police officer's authority to conduct the pat-down search and the reasons for conducting the search; and\n\n(ii) that the police officer intends to pat‑down search the child; and\n\n(b) if it is safe to do so, ask the child to produce to the police officer any thing—\n\n(i) that presents a danger to the health and safety of the child or another person; or\n\n(ii) could be used by the child to avoid transportation.\n\n(3) A child may be searched under subsection (1) even if the child produces to a police officer a thing after being asked under subsection (2)(b).\n\n(4) If it is reasonably practicable in the circumstances, a search under this section must be conducted by—\n\n(a) a police officer of the sex or gender identity nominated by the child; or\n\n(b) if the child does not nominate a sex or gender identity, a police officer of the same sex or gender identity as the child.\n\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Seizure","content":"\t76 Seizure\n\n(1) A police officer may seize any thing found during a search under section 75(1) if the police officer believes on reasonable grounds the thing—\n\n(a) presents a danger to the health and safety of the child or another person; or\n\n(b) could be used by the child to avoid transportation; or\n\n(c) is stolen; or\n\n(d) has been used in, or obtained as the result of, the commission of an offence.\n\n(2) Any thing that is seized under subsection (1) or that has been given to a police officer by the child must be returned to the child, or a suitable person the child is being placed into the care of, once the transport power is no longer being exercised in respect of the child unless there is a lawful reason to not return the thing.\n\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Record keeping","content":"\t77 Record keeping\n\n(1) The Chief Commissioner of Police must keep a written record of the following information in relation to each exercise of the transport power—\n\n(a) information about and characteristics of the child in respect of whom the transport power was exercised (to the extent this is known), including—\n\n(i) the name, age, gender and residential address of the child; and\n\n(ii) whether the child—\n\n(A) is Aboriginal or Torres Strait Islander; or\n\n(B) is from a culturally and linguistically diverse background; or\n\n(C) has a disability; or\n\n(D) is involved with child protection services;\n\n(b) information about the circumstances in which the transport power was exercised, including—\n\n(i) the location where the child was taken into care and control; and\n\n(ii) whether the child was placed into the care of a suitable person; and\n\n(iii) whether the child was placed into the care of an appropriate health or welfare agency; and\n\n(iv) whether the child was transported to a police station and, if so, which police station; and\n\n(v) whether force was used on the child; and\n\n(vi) whether the child was searched; and\n\n(vii) whether any things were seized or produced to a police officer; and\n\n(viii) if the child is Aboriginal or Torres Strait Islander and was transported to a police station, whether the child was seen by or contacted a support person or support provider; and\n\n(ix) whether the child was examined by a health practitioner;\n\n(2) At the end of every 3 month period in each financial year, the Chief Commissioner of Police must make the written records kept under subsection (1) for that 3 month period available for inspection by the Commission for Children and Young People.\n\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Information to be provided to child and parent in relation to exercise of transport power","content":"\t78 Information to be provided to child and parent in relation to exercise of transport power\n\n(1) A police officer must provide the following information, in writing, to a child in respect of whom the transport power has been exercised and a parent of the child—\n\n(a) the information kept under section 77(1) in relation to the exercise of the transport power in respect of the child;\n\n(b) that in relation to the exercise of the transport power and the related powers and duties under this Part, a complaint may be made about—\n\n(i) the conduct of a police officer to another police officer or the IBAC under section 167 of the **Victoria Police Act 2013**; or\n\n(ii) police personnel conduct to the IBAC under section 52 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n(2) Despite subsection (1), a police officer is not required to provide information to a parent of the child if the disclosure of the information would present a risk to the safety of the child or another person.\n\nThere is a history of family violence and disclosure of the child's residential address could jeopardise the safety of the child.\n\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Interaction with other powers of police officers","content":"\t79 Interaction with other powers of police officers\n\nNothing in this Part limits any other duties or powers a police officer has as a constable at common law.\n\nPart 3.3—Role of Commission for Children and Young People in relation to transport power\n\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Functions of Commission for Children and Young People in relation to transport power","content":"\t80 Functions of Commission for Children and Young People in relation to transport power\n\nThe Commission for Children and Young People has the following functions under this Chapter—\n\n(a) to monitor the exercise of the transport power and the related powers and duties under Part 3.2;\n\n(b) to prepare reports about the exercise of the transport power and the related powers and duties under Part 3.2;\n\n(c) to report annually to the Minister on the exercise of the transport power and the related powers and duties under Part 3.2;\n\n(d) any other function that is prescribed.\n\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Access to documents and information","content":"\t81 Access to documents and information\n\n(1) Subject to subsection (2), for the purposes of performing any function or exercising any power under or in relation to this Chapter, the Commission for Children and Young People may have, and must be given, access to any document or information relating to an exercise of the transport power or the related powers and duties under Part 3.2 that is kept by the Chief Commissioner of Police.\n\n(2) The Commission for Children and Young People may only access an audio or audio visual record obtained from the use of a body-worn camera (within the meaning of section 3(1) of the **Surveillance Devices Act 1999**) or a tablet computer by a police officer acting in the course of the police officer's duty for the purpose of, or in connection with, the preparing of a transport power report.\n\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Assistance to be given to Commission for Children and Young People for performance of functions and exercise of powers","content":"\t82 Assistance to be given to Commission for Children and Young People for performance of functions and exercise of powers\n\nThe Chief Commissioner of Police must ensure that the Commission for Children and Young People is given any assistance in connection with the reasonable performance of the Commission's functions, or the reasonable exercise of the Commission's powers, under or in relation to this Chapter that the Commission reasonably requires.\n\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Disclosures by relevant professionals","content":"\t83 Disclosures by relevant professionals\n\n(1) The Commission for Children and Young People may request a relevant professional to provide any information that the Commission reasonably requires to perform any function or exercise any power under this Chapter.\n\n(2) A relevant professional may disclose to the Commission for Children and Young People any information that relates to the performance of any function or exercise of any power by the Commission under this Chapter.\n\n(3) A relevant professional must have regard to the following matters in determining whether to disclose information under subsection (2)—\n\n(a) the purpose of the request for the information;\n\n(b) the public interest in ensuring that the Commission for Children and Young People is able to monitor the exercise of the transport power.\n\n***relevant professional*** means—\n\n(a) a health practitioner; or\n\n(b) a welfare practitioner within the meaning of the **Commission for Children and Young People Act 2012**; or\n\n(c) an education professional within the meaning of the **Commission for Children and Young People Act 2012**.\n\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Disclosers protected","content":"\t84 Disclosers protected\n\nA disclosure of information made under section 81 or 83 in good faith—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person by whom it is made; and\n\n(b) does not make the person by whom it is made subject to any liability in respect of it; and\n\n(c) without limiting paragraphs (a) and (b), does not constitute a contravention of—\n\n(i) section 141 of the **Health Services Act 1988**; or\n\n(ii) section 730 of the **Mental Health and Wellbeing Act 2022**; or\n\n(iii) Part 6A of the **Child Wellbeing and Safety Act 2005**; or\n\n(iv) Part 5A of the **Family Violence Protection Act 2008**.\n\n","sortOrder":88},{"sectionNumber":"85","sectionType":"section","heading":"Transport power reports","content":"\t85 Transport power reports\n\n(1) The Commission for Children and Young People may prepare a report in relation to the exercise of the transport power or the related powers and duties under Part 3.2 if the Commission—\n\n(a) identifies either—\n\n(i) a systemic issue that is recurring or persistent in the exercise of the transport power or the related powers and duties; or\n\n(ii) a matter relating to the safety or wellbeing of a child or group of children in respect of whom the transport power or the related powers and duties have been exercised; and\n\n(b) is of the view that a report on the issue or matter will assist in the improvement of the exercise of the transport power or the related powers and duties.\n\n(2) The Commission for Children and Young People must provide a transport power report to the following persons—\n\n(b) if the report considers a matter that is the responsibility of another Minister, that Minister;\n\n(c) the Secretary;\n\n(d) the Department Head (within the meaning of the **Public Administration Act 2004**) of another Department that is responsible to a Minister referred to in paragraph (b) in relation to that matter.\n\n(3) The Commission for Children and Young People may provide a transport power report to the following persons—\n\n(a) the clerk of each House of the Parliament;\n\n(4) If a transport power report provided to the Chief Commissioner of Police under subsection (3)(b) makes a recommendation to the Chief Commissioner of Police, the Chief Commissioner of Police must provide a written response to the Commission for Children and Young People within 45 days of receiving the report.\n\n(5) The Commission for Children and Young People must not provide a transport power report to a person under subsection (2) or (3) if—\n\n(a) the report includes any comment or opinion that is adverse to any person or entity; and\n\n(b) the Commission has not given the person or person in charge of the entity an opportunity to comment on the adverse comment or opinion.\n\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Transport power reports provided to Parliament","content":"\t86 Transport power reports provided to Parliament\n\n(1) If a transport power report is provided to the clerk of each House of the Parliament under section 85(3)(a), each clerk must cause the report to be laid before the House on—\n\n(a) the day on which it is received; or\n\n(b) the next sitting day of the House.\n\n(2) If the Commission for Children and Young People proposes to provide the transport power report to Parliament when neither House of the Parliament is sitting, the Commission must—\n\n(a) give one business day's notice of the Commission's intention to do so to the clerk of each House of the Parliament; and\n\n(b) provide the report to the clerk of each House on the day indicated in the notice; and\n\n(c) cause the report to be published by the Government Printer.\n\n(3) The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (2)(a) on the same day that the clerk receives the notice.\n\n(4) On receiving a copy of the transport power report under subsection (2)(b), the clerk of a House of the Parliament must—\n\n(a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and\n\n(b) provide a copy of the report to any member of the House on request; and\n\n(c) cause the copy of the report to be laid before the House on the next sitting day of the House.\n\n(5) A transport power report that is provided to the clerk of a House of the Parliament under section 85(3)(a) is taken to have been published by order, or under the authority, of that House.\n\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Transport power reports containing identifying information must not be provided to Parliament","content":"\t87 Transport power reports containing identifying information must not be provided to Parliament\n\nThe Commission for Children and Young People must not provide a transport power report to the Parliament under section 85(3)(a) if the report contains—\n\n(a) information that identifies a child in respect of whom the transport power has been exercised; or\n\n(b) information from which the identity of a child in respect of whom the transport power has been exercised can be obtained.\n\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Commission may publish transport power reports provided to Parliament on Internet","content":"\t88 Commission may publish transport power reports provided to Parliament on Internet\n\n(1) The Commission for Children and Young People may publish, on an appropriate Internet site, a transport power report that the Commission provided to the Parliament under section 85(3)(a).\n\n(2) The publication of a transport power report by the Commission under this section is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and of any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament.\n\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Annual reporting","content":"\t89 Annual reporting\n\n(1) Subject to subsection (2), the Commission for Children and Young People must include the following matters in respect of the exercise of the transport power in its annual report of operations under Part 7 of the **Financial Management Act 1994**—\n\n(a) the number of times the transport power was exercised;\n\n(b) the number of times force was used on a child;\n\n(c) the number of times a child was transported to a police station;\n\n(d) the number of times the transport power was exercised in respect of a child from a culturally and linguistically diverse background or a child who is Aboriginal or Torres Strait Islander;\n\n(e) any general observations or conclusions that the Commission may want to include in the report in relation to the exercise of the transport power.\n\n(2) The Commission for Children and Young People must not include the following in its annual report of operations under Part 7 of the **Financial Management Act 1994**—\n\n(a) information that identifies a child in respect of whom the transport power has been exercised;\n\n(b) information from which the identity of a child in respect of whom the transport power has been exercised can be determined;\n\n(c) a matter under subsection (1)(e) if—\n\n(i) the matter includes any comment or opinion that is adverse to any person or entity; and\n\n(ii) the Commission has not given the person or person in charge of the entity an opportunity to comment on the adverse comment or opinion.\n\n(3) The Commission for Children and Young People must provide a copy of the matter referred to in subsection (1) to the following persons within 7 days of providing its annual report of operations to the relevant Minister (within the meaning of the **Financial Management Act 1994**)—\n\n(b) the Minister;\n\n  (c)  the Minister administering the **Victoria Police Act 2013**;\n\n(d) the Chief Commissioner of Police.\n\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Mandatory notification to IBAC","content":"\t90 Mandatory notification to IBAC\n\n(1) Subject to any exemption notice issued under section 57B of the **Independent Broad-based Anti-corruption Commission Act 2011**, the Commission for Children and Young People must notify the IBAC of any matter that the Commission suspects on reasonable grounds involves police personnel misconduct occurring or having occurred, of which the Commission becomes aware in the performance of functions or the exercise of powers under this Chapter.\n\n***police personnel misconduct*** has the meaning given by section 5 of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Commission for Children and Young People not to prejudice legal proceedings or investigations","content":"\t91 Commission for Children and Young People not to prejudice legal proceedings or investigations\n\nS. 91(1) amended by No. 32/2024 s. 853.\n\n(1) The Commission for Children and Young People must not perform the functions or duties or exercise the powers of the Commission in relation to the preparation of a transport power report in a manner that would prejudice any preliminary inquiries or investigations by the IBAC or Integrity Oversight Victoria.\n\nS. 91(2) amended by No. 32/2024 s. 853.\n\n(2) For the purposes of ensuring compliance with subsection (1), the Commission for Children and Young People may consult with the IBAC or Integrity Oversight Victoria.\n\n(3) The Commission for Children and Young People must not provide a transport power report to any person if it contains information that would prejudice any current criminal proceedings or current criminal investigations.\n\n(4) For the purposes of ensuring compliance with subsection (3), the Commission for Children and Young People may consult any of the following—\n\n(a) the Director of Public Prosecutions;\n\n(b) the Chief Commissioner of Police;\n\n(c) a person or body who may initiate a criminal proceeding.\n\nChapter 4—Diverting children from the justice system\n\nPart 4.1—General\n\n\t92 Hierarchy of options for alleged offending behaviour\n\n(1) If a child is alleged to have committed an offence, a police officer may decide—\n\n(a) to take no action under this Act or any other Act or law against the child for the alleged offence; or\n\n(b) if paragraph (a) is clearly inappropriate in the circumstances, to give a youth warning to the child for the alleged offence; or\n\n(c) if paragraphs (a) and (b) are clearly inappropriate in the circumstances, to give a youth caution to the child for the alleged offence; or\n\n(d) if paragraphs (a), (b) and (c) are clearly inappropriate in the circumstances, to refer the child to participate in an early diversion group conference for the alleged offence; or\n\n(e) if paragraphs (a), (b), (c) and (d) are clearly inappropriate in the circumstances, to commence a criminal proceeding against the child for the alleged offence.\n\n(2) In deciding whether an action in the hierarchy of options is clearly inappropriate in the circumstances, the police officer must have regard to each of the following matters—\n\n(a) the nature and seriousness of the alleged offending;\n\n(b) the number, frequency and nature of findings of guilt or convictions (if any) in respect of the child;\n\n(c) any previous conduct of the child relevant to the alleged offending, including but not limited to whether the child has acknowledged responsibility or shown remorse for their behaviour;\n\n(d) any harm caused to the victim (if any) of the alleged offending.\n\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Record of reasons if youth warning, youth caution or early diversion group conference is inappropriate","content":"\t93 Record of reasons if youth warning, youth caution or early diversion group conference is inappropriate\n\n(1) If a police officer makes any of the following decisions under the hierarchy of options, the police officer must make a record of the reasons for that decision—\n\n(a) that it is clearly inappropriate in the circumstances to give a youth warning to the child for the alleged offence;\n\n(b) that it is clearly inappropriate in the circumstances to give a youth caution to the child for the alleged offence;\n\n(c) that it is clearly inappropriate in the circumstances to refer the child to participate in an early diversion group conference for the alleged offence.\n\n(2) The record of reasons must—\n\n(b) address the matters specified in section 92(2); and\n\n(c) contain any other prescribed information.\n\n","sortOrder":96},{"sectionNumber":"Part 4","sectionType":"part","heading":"2—Youth warnings","content":"Part 4.2—Youth warnings\n\n","sortOrder":97},{"sectionNumber":"94","sectionType":"section","heading":"Objects of youth warning","content":"\t94 Objects of youth warning\n\nThe objects of a youth warning are—\n\n(a) to provide an immediate response to alleged offending by a child; and\n\n(b) to divert the child from the criminal justice system.\n\n","sortOrder":98},{"sectionNumber":"95","sectionType":"section","heading":"Police officer may give youth warning to child","content":"\t95 Police officer may give youth warning to child\n\n(1) A police officer may give a youth warning to a child for an alleged offence if the police officer is satisfied there is sufficient evidence to charge the child with the alleged offence.\n\n(2) A police officer may give a single youth warning to a child for more than one alleged offence.\n\n(3) A police officer may give a youth warning to more than one child at the same time.\n\n","sortOrder":99},{"sectionNumber":"96","sectionType":"section","heading":"Eligibility of child for youth warning","content":"\t96 Eligibility of child for youth warning\n\nThe following matters do not affect a child's eligibility to be given a youth warning for an alleged offence—\n\n(a) whether the child has previously been given a youth warning or youth caution for any alleged offence and the number of youth warnings or youth cautions (if any) previously given to the child;\n\n(b) whether the child has previously been charged with any alleged offence;\n\n(c) whether the child has previously been found guilty of any offence;\n\n(d) whether the child denies the alleged offending;\n\n(e) whether the child has exercised any of the child's legal rights in relation to the alleged offence, including the right to silence;\n\n(f) whether the child consents to receiving a youth warning.\n\n","sortOrder":100},{"sectionNumber":"97","sectionType":"section","heading":"Timing of youth warning","content":"\t97 Timing of youth warning\n\n(1) A police officer who gives a youth warning to a child for an alleged offence must give the youth warning as soon as reasonably practicable after the commission of the alleged offence.\n\n(2) Nothing in subsection (1) prevents a youth warning being given to a child for an alleged offence at any stage after a criminal proceeding has been commenced against the child for that offence.\n\nSee section 141.\n\n","sortOrder":101},{"sectionNumber":"98","sectionType":"section","heading":"Place and form for giving youth warning","content":"\t98 Place and form for giving youth warning\n\nA youth warning may be given to a child—\n\n(a) at any place; and\n\n(b) verbally or in writing.\n\n","sortOrder":102},{"sectionNumber":"99","sectionType":"section","heading":"Explanation of youth warning","content":"\t99 Explanation of youth warning\n\nA police officer who gives a youth warning to a child must explain the nature and effect of the youth warning to the child as plainly and simply as possible and in a way which the child is likely to understand.\n\n","sortOrder":103},{"sectionNumber":"100","sectionType":"section","heading":"Parent may be notified of youth warning","content":"\t100 Parent may be notified of youth warning\n\n(1) Subject to subsection (2), a police officer who gives a youth warning to a child may notify a parent of the child of the giving of that youth warning.\n\n(2) A police officer who gives a youth warning to a child must not notify a parent of the child of the giving of that youth warning if, in the opinion of the police officer, notifying the parent would pose an unacceptable risk of harm to the safety or wellbeing of the child.\n\n","sortOrder":104},{"sectionNumber":"101","sectionType":"section","heading":"Record of youth warning","content":"\t101 Record of youth warning\n\n(1) A police officer who gives a youth warning to a child must make a record of the youth warning.\n\n(2) The record must—\n\n(b) contain any prescribed information.\n\nA youth warning must not be recorded on a child's criminal record or form part of the child's criminal history, and the giving of a youth warning in respect of an alleged offence is not to be treated as a finding of guilt that the child committed the offence—see section 139.\n\nPart 4.3—Youth cautions\n\n","sortOrder":105},{"sectionNumber":"102","sectionType":"section","heading":"Objects of youth caution","content":"\t102 Objects of youth caution\n\nThe objects of a youth caution are—\n\n(a) to respond to alleged offending by a child with the support of persons significant to the child, and in a culturally appropriate manner (if applicable); and\n\n(b) to divert the child from the criminal justice system.\n\n","sortOrder":106},{"sectionNumber":"103","sectionType":"section","heading":"Youth caution may be given to child","content":"\t103 Youth caution may be given to child\n\n(1) A youth caution may be given to a child for an alleged offence if a cautioning police officer is satisfied there is sufficient evidence to charge the child with the alleged offence.\n\n(2) A single youth caution may be given to a child for more than one alleged offence.\n\n(3) A youth caution may be given to more than one child at the same time.\n\n(4) A youth caution may be given to a child by a cautioning police officer or a person who is requested by a cautioning police officer to give a youth caution to the child in accordance with section 108.\n\n","sortOrder":107},{"sectionNumber":"104","sectionType":"section","heading":"Eligibility of child for youth caution","content":"\t104 Eligibility of child for youth caution\n\n(1) A youth caution must not be given to a child for an alleged offence unless the child consents to receiving a youth caution for that alleged offence after an explanation has been given to the child under section 105.\n\n(2) The following matters do not affect a child's eligibility to be given a youth caution for an alleged offence—\n\n(a) whether the child has previously been given a youth warning or youth caution for any alleged offence and the number of youth warnings or youth cautions (if any) previously given to the child;\n\n(b) whether the child has previously been charged with any alleged offence;\n\n(c) whether the child has previously been found guilty of any offence;\n\n(d) whether the child denies the alleged offending;\n\n(e) whether the child has exercised any of the child's legal rights in relation to the alleged offence, including the right to silence.\n\n","sortOrder":108},{"sectionNumber":"105","sectionType":"section","heading":"Explanation of youth caution","content":"\t105 Explanation of youth caution\n\n(1) Before a child consents to receiving a youth caution for an alleged offence, a cautioning police officer must explain the following matters to the child as plainly and simply as possible and in a way which the child is likely to understand—\n\n(a) the nature and effect of a youth caution;\n\n(b) the nature and circumstances of the alleged offence;\n\n(c) that the child has a right to seek legal advice about the youth caution.\n\n(2) An explanation under subsection (1) must be given in the presence of the following persons—\n\n(a) an appropriate support person, if the cautioning police officer, having regard to the matters specified in subsection (3), considers that the child may not have the capacity to understand the nature and effect of a youth caution;\n\nAn interpreter or a disability worker.\n\n(b) a person chosen by the child, if it is reasonably practicable for that person to be present during the explanation of the youth caution to the child, including but not limited to—\n\n(i) a parent of the child; or\n\n(ii) the child's legal representative; or\n\n(iii) an appropriate support person; or\n\n(iv) an independent person.\n\n(3) For the purposes of subsection (2)(a), the specified matters are—\n\n(a) the child's age, maturity and stage of development; and\n\n(b) any disability or mental illness of the child; and\n\n(c) the child's means of communication; and\n\n(d) any other relevant matter in relation to the child's capacity or the circumstances of the alleged offending.\n\n","sortOrder":109},{"sectionNumber":"106","sectionType":"section","heading":"Consent of child","content":"\t106 Consent of child\n\n(1) If a child consents to receiving a youth caution for an alleged offence, the child may—\n\n(a) withdraw that consent; or\n\n(b) request that the matter be dealt with by a court.\n\n(2) A withdrawal of consent or a request under subsection (1) may be made at any time before a youth caution is given to the child.\n\n(3) If a child withdraws consent under subsection (1)(a), a police officer may deal with the matter in accordance with the hierarchy of options.\n\n(4) Despite the hierarchy of options, if a child requests that the matter be dealt with by a court under subsection (1)(b), a police officer may decide to commence a criminal proceeding against the child for the alleged offence or otherwise deal with the matter according to law.\n\nSection 92 sets out a hierarchy of options for dealing with alleged offending behaviour.\n\n","sortOrder":110},{"sectionNumber":"107","sectionType":"section","heading":"Timing of youth caution","content":"\t107 Timing of youth caution\n\n(1) A cautioning police officer who gives or attends the giving of a youth caution to a child for an alleged offence must ensure that the youth caution is given as soon as reasonably practicable after the commission of the alleged offence.\n\n(2) Nothing in subsection (1) prevents a youth caution being given to a child for an alleged offence at any stage after a criminal proceeding has been commenced against the child for that offence.\n\nSee section 141.\n\n","sortOrder":111},{"sectionNumber":"108","sectionType":"section","heading":"Persons who may give a youth caution other than a cautioning police officer","content":"\t108 Persons who may give a youth caution other than a cautioning police officer\n\n(1) A cautioning police officer may request another person, including a respected member of a cultural or religious community with which the child identifies, to give a youth caution to a child if—\n\n(a) the cautioning police officer considers it appropriate in the circumstances for the other person to give the youth caution to the child; and\n\n(b) the child agrees to that other person giving the youth caution.\n\n(2) If a youth caution is to be given to an Aboriginal child, a cautioning police officer must—\n\n(a) ask the child whether the child agrees to an Elder of the child's Aboriginal community giving the youth caution; and\n\n(b) if the child agrees, request the Elder to give the youth caution to that child.\n\n(3) A youth caution may be given to an Aboriginal child by a cautioning police officer or another person in accordance with subsection (1) if it is not reasonably practicable for the youth caution to be given by an Elder of the child's Aboriginal community.\n\n","sortOrder":112},{"sectionNumber":"109","sectionType":"section","heading":"Persons to attend giving of youth caution","content":"\t109 Persons to attend giving of youth caution\n\n(1) The following persons must attend the giving of a youth caution to a child—\n\n(b) a cautioning police officer;\n\n(c) if the youth caution is to be given by a person other than a cautioning police officer, that other person;\n\n(d) an appropriate support person, if the cautioning police officer, having regard to the matters specified in subsection (2), considers that the child may not have the capacity to understand the nature and effect of a youth caution;\n\nAn interpreter or a disability worker.\n\n(e) a person chosen by the child, if it is reasonably practicable for that person to attend the giving of the youth caution to the child, including but not limited to—\n\n(i) a parent of the child; or\n\n(ii) the child's legal representative; or\n\n(iii) an appropriate support person; or\n\n(iv) an independent person.\n\n(2) For the purposes of subsection (1)(d), the specified matters are—\n\n(a) the child's age, maturity and stage of development; and\n\n(b) any disability or mental illness of the child; and\n\n(c) the child's means of communication; and\n\n(d) any other relevant matter in relation to the child's capacity or the circumstances of the alleged offending.\n\n(3) The following persons may attend the giving of a youth caution to a child—\n\n(a) a representative of any support service with which the child is engaged, if the child agrees to the attendance of that representative;\n\n(b) any other person chosen by the child.\n\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Victim statement may be given to child","content":"\t110 Victim statement may be given to child\n\nA cautioning police officer who gives or attends the giving of a youth caution to a child for an alleged offence may arrange for a written communication prepared by a victim (if any) of the alleged offence to be read aloud or given to the child during the giving of the youth caution.\n\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Person giving youth caution may request apology or make referral","content":"\t111 Person giving youth caution may request apology or make referral\n\n(1) A cautioning police officer or other person who gives a youth caution to a child may—\n\n(a) request the child to apologise to any victim of the alleged offence, if an apology is appropriate in the circumstances; or\n\n(b) refer the child to an appropriate support service or program.\n\n(2) A refusal or failure by the child to comply with a request or referral under subsection (1) does not affect the child's eligibility to be given a youth caution.\n\n(3) A request or referral under subsection (1) may be made at any time before, during or after the giving of the youth caution to the child.\n\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Place for giving youth caution","content":"\t112 Place for giving youth caution\n\n(1) A youth caution may be given to a child at any place that ensures the safety of all persons attending the giving of the youth caution.\n\n(2) If a youth caution is to be given to an Aboriginal child, the youth caution should be given at a culturally appropriate place if—\n\n(a) it is reasonably practicable to do so; and\n\n(b) the child agrees to the youth caution being given at that place.\n\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Form of youth caution","content":"\t113 Form of youth caution\n\n(1) A youth caution must be in writing and contain the following—\n\n(b) the name of the cautioning police officer who gives or attends the giving of the youth caution to the child;\n\n(c) if the youth caution is given by a person other than a cautioning police officer, the name and qualification (if any) of that other person;\n\n(d) the name of any other person who attends the giving of the youth caution;\n\n(e) details of the alleged offence for which the youth caution is given;\n\n(f) the time and date on which the youth caution is given;\n\n(g) the place at which the youth caution is given;\n\n(h) the nature and effect of a youth caution;\n\n(2) A youth caution must be signed by the child in the presence of the persons who attend the giving of that youth caution to the child.\n\nSee section 109.\n\n(3) As soon as practicable after a youth caution is given to a child, the cautioning police officer who gives or attends the giving of the youth caution to the child must give a written copy of the youth caution to the child.\n\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Parent may be notified of youth caution","content":"\t114 Parent may be notified of youth caution\n\n(1) Subject to subsection (2), a cautioning police officer who gives or attends the giving of a youth caution to a child may notify a parent of the child of the giving of that youth caution if the parent did not attend the giving of the youth caution to the child.\n\n(2) A cautioning police officer who gives or attends the giving of a youth caution to a child must not notify a parent of the child of the giving of that youth caution if, in the opinion of the cautioning police officer, notifying the parent would pose an unacceptable risk of harm to the safety or wellbeing of the child.\n\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Record of youth caution","content":"\t115 Record of youth caution\n\n(1) A cautioning police officer who gives or attends the giving of a youth caution to a child must make a record of the youth caution.\n\n(2) The record must—\n\n(b) contain any prescribed information.\n\nA youth caution must not be recorded on a child's criminal record or form part of the child's criminal history, and the giving of a youth caution in respect of an alleged offence is not to be treated as a finding of guilt that the child committed the offence—see section 139.\n\nPart 4.4—Early diversion group conferences\n\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Objects of early diversion group conference","content":"\t116 Objects of early diversion group conference\n\nThe objects of an early diversion group conference are—\n\n(a) to support the early diversion of a child from the criminal justice system; and\n\n(b) to reduce the likelihood of a child having further contact with the criminal justice system; and\n\n(c) to promote community safety; and\n\n(d) to provide a safe, supportive and solution-focussed process which assists a child to—\n\n(i) repair any harm to themselves, any victims of their alleged offending, their families and their community; and\n\n(iii) restore and strengthen relationships with members of their family and their community; and\n\n(e) to engage parents and persons of significance in a child's life and any organisations or agencies that have responsibility for a child to—\n\n(i) address the underlying causes of the child's conduct; and\n\n(ii) support the child's rehabilitation and positive development; and\n\n(f) to give any victim of a child's alleged offending the opportunity to express their experience of the child's conduct and the impact of the child's conduct  on them; and\n\n(g) to finalise an early diversion outcome plan for a child.\n\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Police officer referral of child to early diversion group conference","content":"\t117 Police officer referral of child to early diversion group conference\n\n(1) Subject to section 118, a referring police officer who is satisfied that there is sufficient evidence to charge a child with an alleged offence and who decides that the actions in paragraphs (a), (b) and (c) of section 92(1) are clearly inappropriate in the circumstances—\n\n(a) must decide to refer the child to an early diversion group conference in respect of the alleged offence in the circumstances described in subsection (2); or\n\n(b) in any other case, may decide to refer the child to an early diversion group conference in respect of the alleged offence.\n\n(2) For the purposes of subsection (1)(a), the circumstances are that, at the time of the alleged offending—\n\n(a) the child is under 14 years of age; or\n\n(b) the child is 14 years of age or over and any of the following apply—\n\n(i) the alleged offending does not include the commission of an indictable offence;\n\n(ii) the child has not previously been charged with an offence in relation to an act or omission that occurred or allegedly occurred when the child was 14 years of age or over.\n\n(3) A referring police officer may decide to refer a child to an early diversion group conference in respect of more than one alleged offence.\n\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Eligibility of child for early diversion group conference","content":"\t118 Eligibility of child for early diversion group conference\n\n(1) A police officer must not refer a child to an early diversion group conference in respect of an alleged offence—\n\n(a) unless there is a suitable approved service provider to conduct the early diversion group conference; or\n\n(b) if the child denies the alleged offending; or\n\n(c) if the child does not consent to the referral; or\n\n(d) if the alleged offence is an offence specified in subsection (2).\n\n(2) For the purposes of subsection (1)(d), the following offences are specified—\n\n(a) an offence that is punishable by a minimum or fixed sentence or penalty;\n\n(b) an offence that is punishable under the **Road Safety Act 1986** or the **Sentencing Act 1991** by—\n\n(i) cancellation or suspension of a licence or permit to drive a motor vehicle; or\n\n(ii) disqualification from obtaining a licence or permit to drive a motor vehicle; or\n\n(iii) disqualification from driving a motor vehicle on a road in Victoria;\n\n(c) an offence specified in paragraph (a), (b), (c), (d), (e) or (f)(v) of the definition of ***Category A serious youth offence***;\n\n(d) a terrorism or foreign incursion offence;\n\n(e) an offence where a police officer reasonably believes that—\n\n(i) the offence is serious and violent; and\n\n(ii) the child presents a serious risk to community safety.\n\n(3) The following matters do not affect a child's eligibility to be referred to an early diversion group conference—\n\n(a) any previous youth cautions or youth warnings;\n\n(b) a failure to finalise, or to complete to the satisfaction of the Children's Court, an early diversion outcome plan from a previous early diversion group conference;\n\n(c) a failure to participate in or complete a diversion program to the satisfaction of the Children's Court.\n\nSee Part 6.3 in relation to diversion programs.\n\n","sortOrder":122},{"sectionNumber":"119","sectionType":"section","heading":"Timing of referral","content":"\t119 Timing of referral\n\n(1) A police officer who decides in accordance with the hierarchy of options to refer a child to an early diversion group conference in respect of an alleged offence must ensure that, as soon as reasonably practicable after making the decision—\n\n(a) the child is referred; and\n\n(b) the child is given written notice of the referral.\n\n(2) Nothing in subsection (1) prevents a child from being referred to an early diversion group conference in respect of an alleged offence at any stage after a criminal proceeding has been commenced against the child for that offence.\n\nSee section 92.\n\n","sortOrder":123},{"sectionNumber":"120","sectionType":"section","heading":"Aboriginal child referred to early diversion group conference may elect model","content":"\t120 Aboriginal child referred to early diversion group conference may elect model\n\nAn Aboriginal child who is referred to an early diversion group conference may elect to participate in the Aboriginal-led early diversion group conference model, if available.\n\n","sortOrder":124},{"sectionNumber":"121","sectionType":"section","heading":"Form of referral by police officer","content":"\t121 Form of referral by police officer\n\n(1) A referral of a child to an early diversion group conference must be made in writing—\n\n(a) to an approved service provider that is approved to conduct group conferences; and\n\n(b) in the prescribed form.\n\n(2) The referral must contain the following—\n\n(d) the name of the referring police officer;\n\n(e) the contact details of the referring police officer;\n\n(f) details of the alleged offence for which the referral is made, including a summary of the allegations being made against the child;\n\n(g) the time and date on which the referral is made;\n\n(h) whether the child has elected to participate in the Aboriginal-led early diversion group conference model;\n\n","sortOrder":125},{"sectionNumber":"122","sectionType":"section","heading":"Form of notice of referral","content":"\t122 Form of notice of referral\n\n  (1)  Notice to a child of the child's referral to an early diversion group conference must be in writing in the prescribed form.\n\n  (2) The notice must contain the following—\n\n(d) the name of the referring police officer;\n\n(e) the contact details of the referring police officer;\n\n(f) details of the alleged offence for which the referral will be made, including a summary of the allegations being made against the child;\n\n(g) any other prescribed information.\n\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Parent may be notified of referral","content":"\t123 Parent may be notified of referral\n\n(1) Subject to subsection (2), if a child is referred to an early diversion group conference, the referring police officer must ensure that written notice of the referral is given to a parent of the child.\n\n(2) A child's parent must not be notified under subsection (1) if, in the opinion of the referring police officer, notifying the parent would pose an unacceptable risk of harm to the safety or wellbeing of the child.\n\n","sortOrder":127},{"sectionNumber":"124","sectionType":"section","heading":"Date and time of early diversion group conference","content":"\t124 Date and time of early diversion group conference\n\n(1) The convenor of an early diversion group conference must fix—\n\n(2) The date of the early diversion group conference must be no later than 28 days from the date on which the referral was received from Victoria Police or the Children's Court (as the case may be).\n\n(3) The time period referred to in subsection (2) may be extended by one further period not exceeding 28 days if the convenor considers it appropriate in the circumstances.\n\n(4) For the purposes of an extension under subsection (3), the convenor may have regard to any relevant matter including—\n\n(a) the circumstances of the particular case; and\n\n(b) the child's individual needs and risks; and\n\n(c) the readiness of the child, the child's family and any victims of the alleged offence to participate in the early diversion group conference.\n\n","sortOrder":128},{"sectionNumber":"125","sectionType":"section","heading":"Convenor may refer matter back","content":"\t125 Convenor may refer matter back\n\n(1) A convenor may determine that it is not appropriate in the circumstances for a child to participate in an early diversion group conference in respect of an alleged offence, having regard to the following matters, as far as reasonably practicable—\n\n(a) the child's background and circumstances;\n\n(b) whether the early diversion group conference would be likely to address the child's individual needs and risks;\n\n(c) the circumstances of the alleged offence;\n\n(d) whether the child has previously participated in an early diversion group conference;\n\n(e) if paragraph (d) applies, whether an early diversion outcome plan was finalised;\n\n(f) for a child previously referred to an early diversion group conference by the Children's Court, the extent to which the child has completed a finalised early diversion outcome plan.\n\nIt may not be appropriate to hold an early diversion group conference for a child in respect of an alleged offence if—\n\n• an early diversion group conference was held for the child in respect of another alleged offence and the attendees of that previous early diversion group conference had the opportunity to consider this later alleged offence during that previous early diversion group conference; or\n\n• holding an early diversion group conference would be harmful due to the nature of the relationship between the child who is alleged to have committed an offence and any of the other attendees in the early diversion group conference due to an imbalance of power in a relationship, for example, in cases of family violence.\n\n(2) A convenor must not make a determination under subsection (1) in respect of a child referred to an early diversion group conference by the Children's Court unless the convenor is made aware of facts or circumstances that were not known by the Children's Court at the time of the referral.\n\n(3) The convenor must give written notice of a determination under subsection (1) and the reasons for that determination to—\n\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"Legal representation","content":"\t126 Legal representation\n\nAn early diversion group conference for a child must not proceed unless the child has legal representation.\n\n","sortOrder":130},{"sectionNumber":"127","sectionType":"section","heading":"Persons to attend early diversion group conference","content":"\t127 Persons to attend early diversion group conference\n\n(1) The following persons must attend an early diversion group conference for a child—\n\n(b) the child's legal representative;\n\n(c) the referring police officer or another police officer;\n\n(d) subject to subsection (2), one or more of the following persons chosen by the child—\n\n(i) a parent of the child;\n\n(ii) a member of the child's family;\n\n(iii) a person who has day-to-day care of the child;\n\n(e) if a person referred to in paragraph (d) cannot attend, an adult of significance to the child;\n\n(f) the Secretary, if the child is subject to supervision by the Secretary under this Act or any other Act or regulation;\n\n(g) the DFFH Secretary, if—\n\n(i) the DFFH Secretary has parental responsibility for the child; or\n\n(ii) the child is subject to a protection order; or\n\n(iii) the child is the subject of a protection application;\n\n(h) the convenor of the early diversion group conference.\n\n(2) A person referred to in subsection (1)(d) is not required to attend if the person is a victim of the alleged offending by the child.\n\n(3) The following persons may attend an early diversion group conference for a child—\n\n(a) other members of the child's family or extended family;\n\n(b) a person of significance to the child;\n\n(c) a victim of the child's alleged offending or a victim's representative;\n\n(d) a support person for the victim of the child's alleged offending;\n\n(e) any other person requested by the child or the child's family;\n\n(f) any other person permitted to attend by the convenor.\n\nOther persons who may be permitted to attend an early diversion group conference include Aboriginal Elders, cultural support staff, disability support staff or a teacher or representative from a school that the child attends.\n\n","sortOrder":131},{"sectionNumber":"128","sectionType":"section","heading":"Victim statement may be provided","content":"\t128 Victim statement may be provided\n\nA victim (if any) of an alleged offence who does not attend an early diversion group conference for a child in respect of the alleged offence may provide a written communication to the convenor for the purposes of expressing—\n\n(a) the victim's experience of the child's alleged offending and the impact that it had on the victim; and\n\n(b) the victim's expectations for the early diversion outcome plan.\n\n","sortOrder":132},{"sectionNumber":"128A","sectionType":"section","heading":"Reading aloud of victim statement","content":"\t128A Reading aloud of victim statement\n\n(1) A person who provides a written communication under section 128 may request that any part of that communication is read aloud, in the course of the early diversion group conference, by—\n\n(a) the convenor; or\n\n(b) a person chosen by the person making the request and who is approved by the convenor for that purpose.\n\n(2) If a request is made under subsection (1), the convenor must determine if the reading aloud of each requested part of the communication is appropriate, having regard to—\n\n(a) the objects of the early diversion group conference; and\n\n(b) the circumstances of the particular case.\n\nThe convenor may determine that it is not appropriate to read any part of a communication that is offensive, would breach another person's privacy or could jeopardise the safety of any person.\n\n(3) If the convenor determines that the reading aloud of any part of the communication is appropriate, the convenor must ensure that, in the course of the early diversion group conference, that  part of the communication is read aloud by the person who was requested to do so.\n\n(4) The convenor may direct a person who is reading aloud any part of the communication as to—\n\n(a) which parts of the communication are determined appropriate to be read aloud; and\n\n(b) the time available, which must be reasonable, for reading aloud those parts of the communication.\n\n","sortOrder":133},{"sectionNumber":"129","sectionType":"section","heading":"Conduct of early diversion group conference","content":"\t129 Conduct of early diversion group conference\n\n(1) An early diversion group conference must be chaired by a convenor.\n\n(2) The convenor must facilitate the conduct of the early diversion group conference by—\n\n(a) ensuring that the contributions of each attendee are considered and addressed; and\n\n(b) engaging with each attendee in a manner that—\n\n(i) is culturally appropriate; and\n\n(ii) supports the child's participation; and\n\n(c) encouraging the attendees to reach agreement about the best outcomes for the child; and\n\n(d) if possible, finalising an early diversion outcome plan for the child.\n\n(3) The convenor must notify any victim of the alleged offending of the outcome of the early diversion group conference, if the victim did not attend the early diversion group conference.\n\n","sortOrder":134},{"sectionNumber":"130","sectionType":"section","heading":"Early diversion outcome plan","content":"\t130 Early diversion outcome plan\n\n(1) Any agreement made by a child in an early diversion group conference must be recorded in an early diversion outcome plan.\n\n(2) The objects of an early diversion outcome plan are to—\n\n(a) assist the child to take responsibility and make amends for the child's actions; and\n\n(b) support the child's positive development; and\n\n(c) reduce the likelihood of the child having contact or further contact with the criminal justice system.\n\n(3) An early diversion outcome plan must—\n\n(a) be in the prescribed form; and\n\n(b) contain any prescribed matters; and\n\n(c) be otherwise written in language and presented in a manner that is reasonably able to be understood by the child, having regard to the child's age, maturity and stage of development.\n\n(4) An agreement recorded in an early diversion outcome plan must be—\n\n(a) fair; and\n\n(b) measurable; and\n\n(c) reasonably able to be carried out by the child, having regard to the child's age, maturity, stage of development and individual circumstances.\n\n(5) An early diversion outcome plan for an Aboriginal child must—\n\n(a) recognise that strong connections with family, kin, community, culture, Country and Elders are the foundations needed for Aboriginal children to thrive; and\n\n(b) be tailored to address the particular needs of Aboriginal children by incorporating Aboriginal culture, knowledge and expertise.\n\n","sortOrder":135},{"sectionNumber":"131","sectionType":"section","heading":"Finalisation of early diversion outcome plan","content":"\t131 Finalisation of early diversion outcome plan\n\n(1) The convenor of an early diversion group conference must determine when an early diversion outcome plan for a child is finalised.\n\nFor matters referred to an early diversion group conference by the Children's Court, the Court is to determine whether the agreed actions in a finalised early diversion outcome plan are completed to the satisfaction of the Court—see section 166.\n\n(2) The convenor must endeavour to finalise an early diversion outcome plan that—\n\n(a) is acceptable to all of the attendees; and\n\n(b) accounts for the opinions of all of the attendees.\n\n(3) Despite subsection (2), the convenor may finalise an early diversion outcome plan without the agreement of all of the attendees of the early diversion group conference.\n\n(4) The convenor must not finalise an early diversion outcome plan for a child unless the child agrees to the matters in the early diversion outcome plan that require the child's participation.\n\n(5) The convenor must give notice of the finalisation of an early diversion outcome plan to—\n\n(6) The convenor must give notice to the Chief Commissioner of Police if, under section 166, the Children's Court discharges a child without any finding of guilt for an alleged offence.\n\n","sortOrder":136},{"sectionNumber":"132","sectionType":"section","heading":"Deferral or discontinuation of group conference","content":"\t132 Deferral or discontinuation of group conference\n\n(1) If a convenor is unable to finalise an early diversion outcome plan, the convenor may—\n\n(a) reconvene the early diversion group conference within 28 days, if the convenor considers this will assist in the finalisation of an early diversion outcome plan; or\n\n(b) discontinue the early diversion group conference.\n\n(2) The convenor must give written notice of a decision to discontinue an early diversion group conference, and the reasons for that decision, to—\n\n","sortOrder":137},{"sectionNumber":"133","sectionType":"section","heading":"Discretion of Chief Commissioner of Police","content":"\t133 Discretion of Chief Commissioner of Police\n\nThe Chief Commissioner of Police may take any action in respect of a child for an alleged offence that the Chief Commissioner considers to be appropriate in the circumstances if a convenor of an early diversion group conference notifies the Chief Commissioner—\n\n(a) under section 125 that an early diversion group conference in respect of the alleged offence is not appropriate in the circumstances; or\n\n(b) under section 132 that an early diversion group conference in respect of the alleged offence has been discontinued.\n\n","sortOrder":138},{"sectionNumber":"134","sectionType":"section","heading":"Confidentiality of early diversion group conference proceedings","content":"\t134 Confidentiality of early diversion group conference proceedings\n\n(1) A person who attends an early diversion group conference must not disclose any information given or statement made to the early diversion group conference unless the disclosure is authorised under subsection (2).\n\n(2) A person may disclose information given or a statement made to an early diversion group conference if the disclosure is made in any of the following circumstances—\n\n(a) with the consent of all of the attendees of the early diversion group conference;\n\n(b) by the convenor for the purposes of making a record of the proceedings at the early diversion group conference;\n\n(c) by the convenor to a person who has a genuine and proper interest in supporting a child to complete an early diversion outcome plan;\n\n(d) in a discussion between a person who attended the early diversion group conference and the person's legal representative;\n\n(e) in a discussion between the legal representatives of persons who attended the early diversion group conference;\n\n(f) for any other prescribed purpose.\n\n","sortOrder":139},{"sectionNumber":"135","sectionType":"section","heading":"Confidentiality of early diversion outcome plan","content":"\t135 Confidentiality of early diversion outcome plan\n\n(1) A person who prepares or receives a copy of an early diversion outcome plan must not give a copy of the early diversion outcome plan to any other person or disclose any information in the early diversion outcome plan unless the giving of that copy or making of that disclosure is authorised under subsection (2).\n\n(2) A person may give a copy of an early diversion outcome plan or disclose information in the early diversion outcome plan if the copy is given or the disclosure is made—\n\n(a) to the Children's Court, if the Court made an early diversion group conference order; or\n\n(b) subject to subsection (3), to a person who was required or entitled to attend the early diversion group conference; or\n\n(c) to a person the convenor considers has a genuine and proper interest in supporting a child to complete the early diversion outcome plan; or\n\n(d) with the consent of the child who is the subject of the early diversion outcome plan.\n\n(3) The convenor must not give a copy of an early diversion outcome plan or disclose information in an early diversion outcome plan to a person under subsection (2)(b) if—\n\n(a) the convenor considers that giving the copy or disclosing the information to that person would pose an unacceptable risk of harm to the safety or wellbeing of the child who is the subject of the early diversion outcome plan; or\n\n(b) except in the case where the person is a victim of the alleged offending, the child who is the subject of the early diversion outcome plan does not consent to the person receiving the copy or information.\n\nPart 4.5—Aboriginal-led early diversion group conference model\n\n","sortOrder":140},{"sectionNumber":"136","sectionType":"section","heading":"Secretary to develop Aboriginal-led model","content":"\t136 Secretary to develop Aboriginal-led model\n\n(1) The Secretary must develop an Aboriginal-led early diversion group conference model for the purposes of the conduct of early diversion group conferences in respect of Aboriginal children who choose to participate in the model.\n\n(2) An Aboriginal-led early diversion group conference model must be developed in collaboration with representatives of the Aboriginal community on justice-related issues.\n\n","sortOrder":141},{"sectionNumber":"137","sectionType":"section","heading":"Requirements of Aboriginal-led model","content":"\t137 Requirements of Aboriginal-led model\n\nAn Aboriginal-led early diversion group conference model must—\n\n(a) recognise that strong connections with family, kin, community, culture, Country and Elders are the foundations needed for Aboriginal children to thrive; and\n\n(b) be tailored to address the particular needs of Aboriginal children by incorporating Aboriginal culture, knowledge and expertise; and\n\n(c) be consistent with the guiding youth justice principles; and\n\n(d) be consistent with the requirements set out in Part 4.4 in relation to early diversion group conferences.\n\n","sortOrder":142},{"sectionNumber":"138","sectionType":"section","heading":"Conduct of Aboriginal-led early diversion group conferences","content":"\t138 Conduct of Aboriginal-led early diversion group conferences\n\nIf the Secretary approves a person or body under section 757 to conduct early diversion group conferences, the Secretary, within 24 months of the date of that first approval, must approve a person or body to conduct early diversion group conferences in accordance with the Aboriginal-led early diversion group conference model.\n\nPart 4.6—Effect of youth warnings, youth cautions and early diversion group conferences\n\n","sortOrder":143},{"sectionNumber":"139","sectionType":"section","heading":"Criminal record","content":"\t139 Criminal record\n\n(1) A youth warning, a youth caution or an early diversion outcome plan must not be recorded on a child's criminal record or form part of the child's criminal history.\n\n(2) To avoid doubt, the following are not to be treated as a finding of guilt that a child committed an offence—\n\n(a) the giving of a youth warning for the alleged offence;\n\n(b) the giving of a youth caution for the alleged offence;\n\n(c) a referral to or participation in an early diversion group conference in respect of the alleged offence;\n\n(d) the finalising of an early diversion outcome plan for the alleged offence;\n\n(e) the completion to the satisfaction of the Children's Court of an early diversion outcome plan for the alleged offence.\n\n","sortOrder":144},{"sectionNumber":"140","sectionType":"section","heading":"No further action or criminal proceeding to be taken","content":"\t140 No further action or criminal proceeding to be taken\n\n(1) If a youth warning or youth caution is given to a child for an alleged offence, or an early diversion outcome plan is finalised for a child or completed by a child (as the case requires) in respect of an alleged offence—\n\n(a) any charge against the child for that alleged offence must be withdrawn; and\n\n(b) subject to section 141, any proceeding commenced against the child for that alleged offence must be discontinued; and\n\n(c) despite section 177(7) of the **Criminal Procedure Act 2009**, no proceeding may be commenced against the child for that offence or any other offence arising out of substantially the same circumstances.\n\nSection 177 of the **Criminal Procedure Act 2009** provides for the DPP to discontinue a prosecution without adjudication. Section 177(7) of that Act provides that an accused may be indicted on a charge in respect of which an earlier prosecution has been discontinued.\n\n(2) For the purposes of subsection (1), an early diversion outcome plan must be—\n\n(a) in the case of a child referred to an early diversion group conference by a police officer, finalised by the convenor of the early diversion group conference; or\n\n(b) in the case of a child referred to an early diversion group conference by the Children's Court, completed by the child to the satisfaction of the Court.\n\nSee also sections 464O, 464ZG and 464ZGE of the **Crimes Act 1958** in relation to the destruction of fingerprints, DNA profile samples or related material and information after the giving of a youth warning or youth caution or the finalisation of an early diversion outcome plan.\n\n","sortOrder":145},{"sectionNumber":"141","sectionType":"section","heading":"Leave of court required","content":"\t141 Leave of court required\n\nIf a proceeding has been commenced against a child for an alleged offence, leave of the court hearing the proceeding is required to—\n\n(a) give a youth warning to the child for that alleged offence; or\n\n(b) give a youth caution to the child for that alleged offence; or\n\n(c) refer the child to an early diversion group conference for that alleged offence.\n\n","sortOrder":146},{"sectionNumber":"142","sectionType":"section","heading":"Evidence of youth warning or youth caution inadmissible","content":"\t142 Evidence of youth warning or youth caution inadmissible\n\nIf a youth warning or youth caution is given to a child for an alleged offence, the following are inadmissible as evidence in any criminal proceeding or civil proceeding against the child, other than with the child's consent—\n\n(a) evidence of the youth warning or youth caution given for the alleged offence;\n\n(b) evidence of the alleged offending for which the youth warning or youth caution was given;\n\n(c) any statement made or information given by the child in relation to the alleged offending for which the youth warning or youth caution was given.\n\n","sortOrder":147},{"sectionNumber":"143","sectionType":"section","heading":"Evidence inadmissible where child referred by police officer","content":"\t143 Evidence inadmissible where child referred by police officer\n\nIf a child is referred by a police officer to an early diversion group conference in respect of an alleged offence, the following are inadmissible as evidence in any criminal proceeding or civil proceeding against the child—\n\n(a) evidence of the referral to the early diversion group conference;\n\n(b) if the convenor determines under section 125 that it is not appropriate for the child to participate in an early diversion group conference, the reasons for that determination;\n\n(c) evidence of the conduct of the early diversion group conference;\n\n(d) any statement made or information given by the child in the early diversion group conference in relation to the alleged offending;\n\n(e) if the convenor determines under section 132 to discontinue the early diversion group conference, the reasons for that determination;\n\n(f) if an early diversion outcome plan is finalised for the child—\n\n(i) any evidence of the alleged offending; and\n\n(ii) any statement made or information given by the child in relation to the alleged offending; and\n\n(iii) evidence of the finalisation of an early diversion outcome plan.\n\n","sortOrder":148},{"sectionNumber":"144","sectionType":"section","heading":"Evidence inadmissible where child referred by Children's Court","content":"\t144 Evidence inadmissible where child referred by Children's Court\n\nIf a child is referred by the Children's Court to an early diversion group conference in respect of an alleged offence, the following are inadmissible as evidence in any criminal proceeding or civil proceeding against the child—\n\n(a) evidence of the referral to the early diversion group conference;\n\n(b) if the convenor determines under section 125 that it is not appropriate for the child to participate in an early diversion group conference, the reasons for that determination;\n\n(c) evidence of the conduct of the early diversion group conference;\n\n(d) any statement made or information given by the child in the early diversion group conference in relation to the alleged offending;\n\n(e) if the convenor determines under section 132 to discontinue the early diversion group conference, the reasons for that determination;\n\n(f) if an early diversion outcome plan is finalised for the child, evidence of the finalisation of an early diversion outcome plan;\n\n(g) if a finalised early diversion outcome plan is completed by the child to the satisfaction of the Court—\n\n(i) any evidence of the alleged offending; and\n\n(ii) any statement made or information given by the child in relation to the alleged offending; and\n\n(iii) evidence of the completion of the early diversion outcome plan.\n\n","sortOrder":149},{"sectionNumber":"145","sectionType":"section","heading":"Admissibility of evidence in certain circumstances","content":"\t145 Admissibility of evidence in certain circumstances\n\n(1) Despite sections 143 and 144, evidence referred to in those sections is admissible—\n\n(a) with leave of the Children's Court; or\n\n(b) with the consent of the child who was referred to an early diversion group conference.\n\n(2) Despite sections 143(f)(i) and 144(g)(i), evidence of a child's alleged offending is admissible to support an application by a victim of the alleged offending for financial compensation in relation to the alleged offence.\n\nSee section 762.\n\n","sortOrder":150},{"sectionNumber":"146","sectionType":"section","heading":"Participation does not rebut presumption","content":"\t146 Participation does not rebut presumption\n\n(1) The fact that a child under 14 years of age participates in an early diversion group conference does not rebut the presumption that a child who is under 14 years of age cannot commit an offence.\n\n(2) Despite anything to the contrary in this Part, evidence referred to in sections 142, 143 and 144 is inadmissible in a proceeding against a child to determine whether the presumption that the child cannot commit an offence is rebutted.\n\nIt is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11.\n\nChapter 5—Commencing a proceeding against a child\n\nPart 5.1—Commencing a proceeding\n\n\t147 Child to be proceeded against by summons\n\n(1) There is a presumption in favour of proceeding by summons if an accused is a child, unless it would be clearly inappropriate to do so.\n\n(2) Without limiting subsection (1), if a police officer decides to commence a criminal proceeding against a child for an alleged offence in accordance with the hierarchy of options, the police officer must proceed by summons*,* unless it would be clearly inappropriate to do so.\n\nSection 92 sets out a hierarchy of options for dealing with alleged offending behaviour. A police officer may decide to commence a criminal proceeding against a child for an alleged offence if certain other actions are clearly inappropriate in the circumstances—see section 92(1)(e).\n\n(3) In deciding whether it would be clearly inappropriate to proceed by summons under subsection (2), the police officer must have regard to each of the following matters—\n\n(a) the nature and seriousness of the alleged offending;\n\n(b) the number, frequency and nature of findings of guilt or convictions (if any) in respect of the child;\n\n(c) any previous conduct of the child relevant to the alleged offending, including but not limited to whether the child has acknowledged responsibility or shown remorse for their behaviour;\n\n(d) any harm caused to the victim (if any) of the alleged offending;\n\n(e) whether the child presents a serious risk to community safety.\n\n(4) Despite anything to the contrary in section 12 of the **Criminal Procedure Act 2009**, on the filing of a charge-sheet against a child, a registrar must not issue a warrant to arrest in the first instance, unless satisfied by sworn or affirmed evidence (whether oral or by affidavit) that the circumstances are exceptional.\n\n","sortOrder":151},{"sectionNumber":"148","sectionType":"section","heading":"Time limits for commencing a proceeding","content":"\t148 Time limits for commencing a proceeding\n\n(1) A proceeding against a child for a summary offence must be commenced within 6 months after the date on which the offence is alleged to have been committed except where—\n\n(a) the Children's Court extends the time for commencement of the proceeding under section 151; or\n\n(b) after receiving legal advice, the child gives written consent, and a police officer of or above the rank of sergeant consents, to the proceeding being commenced after the expiry of that period.\n\n(2) A proceeding against a child for an indictable offence may be commenced at any time, except where otherwise provided by or under this Act or any other Act.\n\n(3) If a proceeding for a summary offence is commenced against a child after the child has given consent under subsection (1)(b) in respect of the proceeding, on the first appearance of the child before the Children's Court, the Court must be satisfied that the child obtained legal advice before giving consent under subsection (1)(b).\n\n(4) If the Children's Court is not satisfied that the child obtained legal advice before giving consent under subsection (1)(b), it must—\n\n(a) adjourn the hearing to enable the child to obtain that legal advice; and\n\n(b) advise the child and, if present, a parent of the child that, after obtaining legal advice, the child may withdraw the child's consent to the commencement of the proceeding.\n\n(5) If the child is under 15 years of age, the Children's Court may adjourn any hearing referred to in this section, or a resumed hearing, to enable a parent of the child to attend.\n\nSection 53 of the **Infringements Act 2006** and Part 17.4 of this Act also provide for the extension of the period in which a proceeding may be commenced in respect of an offence for which an infringement notice was issued.\n\n","sortOrder":152},{"sectionNumber":"149","sectionType":"section","heading":"Withdrawal of consent","content":"\t149 Withdrawal of consent\n\n(1) After obtaining legal advice in the circumstances referred to in section 148(4)—\n\n(a) a child may withdraw the consent given under section 148(1)(b); or\n\n(b) if the child is under 15 years of age and is not legally represented, a parent of the child on behalf of the child may withdraw the consent given under section 148(1)(b).\n\n(2) If the child or a person on behalf of a child withdraws consent under subsection (1), the Children's Court must strike out the charge.\n\n","sortOrder":153},{"sectionNumber":"150","sectionType":"section","heading":"Application for extension of time to commence proceeding","content":"\t150 Application for extension of time to commence proceeding\n\n(1) An informant may apply to the Children's Court for an extension of the period within which a proceeding against a child for a summary offence may be commenced.\n\n(2) An application under subsection (1) may be made within 12 months after the date on which the summary offence is alleged to have been committed.\n\n(3) Only one application may be made under this section.\n\n(4) At least 14 days before the hearing of the application, the applicant must file in the Children's Court and, in accordance with section 594 of the **Children, Youth and Families Act 2005**, serve on the child—\n\n(a) notice of the application signed by the applicant; and\n\n(b) notice of the charge signed by the applicant.\n\n(5) An application must be supported by—\n\n(a) oral sworn or affirmed evidence; or\n\n(b) an affidavit; or\n\n(c) a statement signed by the applicant and containing an acknowledgment signed by the applicant in the presence of an authorised person that the statement is true and correct and is made in the belief that a person making a false statement is liable to the penalties of perjury; or\n\n(d) any other means that the Children's Court considers appropriate.\n\n","sortOrder":154},{"sectionNumber":"151","sectionType":"section","heading":"Extension of time","content":"\t151 Extension of time\n\n(1) On the hearing of an extension of time application, the Children's Court may extend the period for commencing the proceeding to a date within 12 months after the date on which the summary offence is alleged to have been committed.\n\n(2) In determining the application, the Children's Court must have regard to—\n\n(a) the age of the child; and\n\n(b) the seriousness of the alleged offence and the circumstances in which it is alleged to have occurred; and\n\n(c) whether the delay in commencing the proceeding was caused by factors beyond the control of the applicant; and\n\n(d) the length of the delay; and\n\n(e) any other matter that the Court considers relevant.\n\n(3) The child is entitled to appear at the hearing of the application and address the Children's Court but, if the child does not appear, the Court may proceed to hear and determine the application in the child's absence.\n\n(4) If the Children's Court extends the period for commencing the proceeding, the informant must file the charge-sheet without delay.\n\n(5) On the filing of the charge-sheet—\n\n(a) if the child is present before the Children's Court and ready to proceed, the Court may hear and determine the charge; or\n\n(b) if the child is not present before the Court, the informant, in accordance with section 594 of the **Children, Youth and Families Act 2005**, must serve notice of the Court's determination on the child.\n\n","sortOrder":155},{"sectionNumber":"152","sectionType":"section","heading":"Rehearing","content":"\t152 Rehearing\n\n(1) If an extension of time application is heard and determined in the absence of the child, the child may apply to the Children's Court for an order that the determination be set aside and that the application be reheard.\n\n(2) On an application for a rehearing, the Children's Court may set aside the order made under section 151(1) if it considers it appropriate to do so and rehear the application.\n\n","sortOrder":156},{"sectionNumber":"153","sectionType":"section","heading":"Notice of intention to apply for rehearing","content":"\t153 Notice of intention to apply for rehearing\n\n(1) A notice of intention to apply for a rehearing of an extension of time application must—\n\n(a) state the reason why the child did not appear at the hearing; and\n\n(b) be filed with the registrar at the venue of the Children's Court which heard and determined the application.\n\n(2) In accordance with section 593 of the **Children, Youth and Families Act 2005**, the applicant must serve on the respondent a copy of the notice and may serve it on the day on which the charge is listed for hearing.\n\n","sortOrder":157},{"sectionNumber":"Part 5","sectionType":"part","heading":"2—Custody, bail and remand","content":"Part 5.2—Custody, bail and remand\n\n","sortOrder":158},{"sectionNumber":"154","sectionType":"section","heading":"Child in custody to be brought before Children's Court or bail justice","content":"\t154 Child in custody to be brought before Children's Court or bail justice\n\n(1) Subject to this section, Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958** applies to the custody and investigation of a child.\n\n(2) Within a reasonable time of being taken into custody, but not later than 24 hours after being taken into custody, a child must be—\n\n(a) released unconditionally; or\n\n(b) released on bail in accordance with the **Bail Act 1977**; or\n\n(c) brought before the Children's Court; or\n\n(d) if the Children's Court is not sitting at any convenient venue, brought before a bail justice.\n\n(3) Subsection (2) does not apply if bail may only be granted to a child by a court, in which case the child must be brought before the Children's Court as soon as practicable and—\n\n(a) no later than the next working day after being taken into custody; or\n\n(b) if the proper venue of the Children's Court is in a prescribed region of the State, within 2 working days after being taken into custody.\n\n(4) The **Bail Act 1977** applies to an application for bail by a child to the extent that it is not inconsistent with this section.\n\nThe **Bail Act 1977** contains provisions that are particular to children. These include the following—\n\n• section 3B (determination in relation to a child);\n\n• section 5AA (conditions of bail granted to a child in certain circumstances);\n\n• section 10(3) (power of police officer, sheriff or authorised person to grant or refuse bail);\n\n• section 10A(3) and (6) (power of bail justice to grant or refuse bail);\n\n• section 12(4) and (5) (power of court to grant or refuse bail);\n\n• section 16B (capacity of child to give bail undertaking);\n\n• section 24(3A) (arrest of person released on bail).\n\nAdditionally, section 3A (determination in relation to an Aboriginal person) applies if the child is an Aboriginal person.\n\n","sortOrder":159},{"sectionNumber":"155","sectionType":"section","heading":"Placement of child in custody","content":"\t155 Placement of child in custody\n\n(1) A child who is remanded in custody by a court or bail justice must be placed in a youth justice custodial centre unless—\n\n(a) an order under subsection (2) applies; or\n\n(b) the child is temporarily held or detained in a police gaol for no more than 2 working days for the purposes of facilitating the transportation of the child to or from a court or a youth justice custodial centre.\n\n(2) A court or bail justice may order that a child be remanded in a police gaol if—\n\n(a) the period of remand is not more than 2 working days; and\n\n(b) the proper venue of the court is in a prescribed region of the State.\n\n(3) A child to whom bail may be granted only by a court and who is detained in police custody pending being brought before the Children's Court must be placed in a youth justice custodial centre unless—\n\n(a) the child is detained in a police gaol for no more than 2 working days and the proper venue of the Children's Court is in a prescribed region of the State; or\n\n(b) the child is temporarily held or detained in a police gaol for no more than 2 working days for the purposes of facilitating the transportation of the child to or from a court or a youth justice custodial centre.\n\nSee Part 11.1 in relation to the rights of a child who is held in custody in a police gaol.\n\nChapter 6—Conduct of a proceeding\n\nPart 6.1—Proceedings generally\n\nDivision 1—Procedure for indictable offences\n\n\t156 How Children's Court must deal with indictable offences\n\n(1) If a child is charged before the Children's Court with an indictable offence, the Court must hear and determine the charge summarily unless—\n\n(a) the charge is for any of the following indictable offences for which the Court has no jurisdiction to hear and determine summarily—\n\n(i) murder;\n\n(ii) attempted murder;\n\n(iii) manslaughter;\n\n(iv) child homicide;\n\n(v) homicide by firearm;\n\nS. 156 (1)(a)(va) inserted by No. 54/2025 s. 19(1).\n\n(va) a designated offence committed when the child was aged 15 years or over;\n\n(vi) an offence against section 197A of the **Crimes Act** **1958** (arson causing death);\n\n(vii) an offence against section 318 of the **Crimes Act 1958** (culpable driving causing death); or\n\n(b) before the hearing of evidence, the child objects to the charge being heard and determined summarily; or\n\n(c) at any stage, the Court determines that the charge is unsuitable by reason of exceptional circumstances to be heard and determined summarily; or\n\n(d) the child is committed for trial for a related offence and the Court determines that there is no substantial and compelling reason to hear and determine the charge summarily.\n\nSee also section 516(1) of the **Children, Youth and Families Act 2005** which confers jurisdiction on the Children's Court to hear and determine summarily certain indictable offences.\n\n(2) The Children's Court must conduct a committal proceeding into a charge for an indictable offence if the charge will not be heard and determined summarily.\n\nS. 156(3) amended by No. 54/2025 s. 19(2).\n\n(3) Despite anything to the contrary in this Part, the Children's Court must hear and determine a charge for an indictable offence summarily if the charge has been transferred to the Court under section 168 or 168A of the **Criminal Procedure Act 2009**.\n\n","sortOrder":160},{"sectionNumber":"157","sectionType":"section","heading":"Indictable offences that must be uplifted—child objects to charge being determined summarily","content":"\t157 Indictable offences that must be uplifted—child objects to charge being determined summarily\n\n(1) The Children's Court must not hear and determine summarily a charge against a child for an indictable offence if the child objects to the charge being heard and determined summarily.\n\n(2) Before the hearing of any evidence in a proceeding against a child for an indictable offence, other than an offence specified in section 156(1)(a), the Children's Court must inform the child and the child's parent, if present, that the child may object to the charge being heard and determined summarily.\n\n(3) A child's parent may object on a child's behalf if the child is under 15 years of age and not legally represented.\n\n(4) If the child is under 15 years of age and a parent of the child is not present before the Children's Court, the Court may—\n\nS. 157A inserted by No. 54/2025 s. 20.\n\n","sortOrder":161},{"sectionNumber":"157A","sectionType":"section","heading":"Indictable offences that must be uplifted—designated offence committed at 14 years of age","content":"\t157A Indictable offences that must be uplifted—designated offence committed at 14 years of age\n\n(1) The Children's Court must not hear and determine summarily a charge against a child for a designated offence committed when the child was 14 years of age unless—\n\n(a) the child or the prosecution requests that the charge be heard and determined summarily; and\n\n(b) the Court is satisfied that the sentencing options available to it under this Act are adequate to respond to the child's offending; and\n\n(c) any of the following applies—\n\n(i) it is in the interests of the victim or victims that the charge be heard and determined summarily;\n\n(ii) the accused is particularly vulnerable because of a disability or a mental illness;\n\n(iii) there is a substantial and compelling reason why the charge should be heard and determined summarily.\n\n(2) In determining whether there is a substantial and compelling reason, under subsection (1)(c)(iii), why the charge should be heard and determined summarily, the Children's Court must have regard to the intention of Parliament that a charge for a designated offence committed by a child aged 14 years should not normally be heard and determined summarily.\n\n(3) If the child is under 15 years of age and a parent of the child is not present before the Children's Court, the Court may—\n\nS. 157B inserted by No. 54/2025 s. 20.\n\n","sortOrder":162},{"sectionNumber":"157B","sectionType":"section","heading":"Indictable offences that must be uplifted—carjacking committed at 14 years of age or over","content":"\t157B Indictable offences that must be uplifted—carjacking committed at 14 years of age or over\n\n(1) The Children's Court must not hear and determine summarily a charge for an offence against section 79 of the **Crimes Act 1958** (carjacking) committed by a child who was 14 years of age or over unless—\n\n(a) the child or the prosecution requests that the charge be heard and determined summarily; and\n\n(b) the Court is satisfied that the sentencing options available to it under this Act are adequate to respond to the child's offending; and\n\n(c) any of the following applies—\n\n(i) it is in the interests of the victim or victims that the charge be heard and determined summarily;\n\n(ii) the accused is particularly vulnerable because of a disability or a mental illness;\n\n(iii) there is a substantial and compelling reason why the charge should be heard and determined summarily.\n\n(2) In determining whether there is a substantial and compelling reason, under subsection (1)(c)(iii), why the charge should be heard and determined summarily, the Children's Court must have regard to the intention of Parliament that a charge for an offence against section 79 of the **Crimes Act 1958** (carjacking) committed when the child was aged 14 years or over should not normally be heard and determined summarily.\n\n(3) If the child is under 15 years of age and a parent of the child is not present before the Children's Court, the Court may—\n\n","sortOrder":163},{"sectionNumber":"158","sectionType":"section","heading":"Indictable offences to be uplifted if exceptional circumstances exist","content":"\t158 Indictable offences to be uplifted if exceptional circumstances exist\n\n(1) The Children's Court must not hear and determine summarily a charge against a child for an indictable offence if the Court determines at any stage that the charge is unsuitable by reason of exceptional circumstances to be heard and determined summarily.\n\n(2) Without limiting subsection (1), exceptional circumstances exist if the Children's Court considers that the sentencing options available to it under this Act are inadequate to respond to the child's alleged offending.\n\n(3) In determining whether the sentencing options available to the Children's Court under this Act are adequate to respond to a child's offending, the Court must have regard to the following matters—\n\n(a) the seriousness of the conduct alleged, including the impact on any victims of the conduct and the role of the accused in the conduct;\n\n(b) the nature of the offence concerned;\n\n(c) the age, maturity and stage of development of the child, and any disability or mental illness of the child, at the time the alleged commission of the offence and the time of sentencing;\n\n(d) the seriousness, nature and number of any prior offences committed by the child;\n\n(e) whether the alleged offence was committed while the child was in youth justice custody, on parole or in contravention of an order made under this Act;\n\n(f) any other matter the Court considers relevant.\n\nExample to s. 158(3) inserted by No. 54/2025 s. 21.\n\nIf the child has previously committed a number of serious armed robberies or aggravated burglaries, the seriousness, nature and number of those offences.\n\n(4) The Children's Court must give reasons for a determination that a charge is unsuitable by reason of exceptional circumstances to be determined summarily.\n\n","sortOrder":164},{"sectionNumber":"159","sectionType":"section","heading":"Transfer of indictable offence that is related to uplifted indictable offence","content":"\t159 Transfer of indictable offence that is related to uplifted indictable offence\n\n(1) The Children's Court must not hear and determine summarily a charge against a child for an indictable offence if—\n\n(a) the child is committed for trial in respect of another indictable offence; and\n\n(b) the offences are related offences.\n\n(2) Despite subsection (1), the Children's Court may hear and determine the charge summarily if the Court determines there is a substantial and compelling reason why it should do so.\n\n(3) For the purposes of subsection (1), an offence is related to another offence if—\n\n(a) the offence is founded on the same facts as the other offence; or\n\n(b) the offences together form, or are part of, a series of offences of the same or similar character.\n\nExample to s. 159 inserted by No. 54/2025 s. 22.\n\nIf an aggravated burglary and an armed robbery are part of a series of offences of the same or similar character, those offences are related offences for the purposes of subsection (1).\n\nDivision 2—Transfer of proceeding\n\n","sortOrder":165},{"sectionNumber":"160","sectionType":"section","heading":"Transfer of proceeding from Magistrates' Court to Children's Court","content":"\t160 Transfer of proceeding from Magistrates' Court to Children's Court\n\n(1) The Magistrates' Court must discontinue a criminal proceeding and order that it be transferred to the Children's Court if at any stage in the proceeding the Magistrates' Court is satisfied that—\n\n(a) the accused is a child; or\n\n(b) the accused was a child when the proceeding was commenced.\n\n(2) For the purposes of subsection (1)—\n\n(a) the accused bears the burden of proof; and\n\n(b) the standard of proof is the balance of probabilities.\n\n(3) If a proceeding is transferred to the Children's Court under subsection (1), the Magistrates' Court may, for the period until the proceeding is heard by the Children's Court—\n\n(a) permit the accused to go at large; or\n\n(b) grant the accused bail conditioned for the appearance of the accused before the Children's Court at the time and place at which the proceeding is to be heard; or\n\n(c) remand the accused in a youth justice custodial centre.\n\n(4) In exercising a power conferred by subsection (3)(b) or (c), the Magistrates' Court must exercise the power in accordance with this Act as if it were the Children's Court.\n\nDivision 3—Referral to early diversion group conference\n\n","sortOrder":166},{"sectionNumber":"161","sectionType":"section","heading":"Referral by Children's Court to early diversion group conference","content":"\t161 Referral by Children's Court to early diversion group conference\n\n(1) Subject to subsections (4) and (5), before hearing and determining a charge against a child for an alleged offence, the Children's Court may order the child to participate in an early diversion group conference if—\n\n(a) the Court determines it is in the interests of justice; and\n\n(b) the child consents to the order.\n\n(2) Before making an early diversion group conference order, the Children's Court must consider—\n\n(a) any submissions made in respect of the proposed referral by the prosecution; and\n\n(b) if reasonably practicable to do so, the views of any victim of the alleged offending.\n\n(3) For the purposes of determining to make an early diversion group conference order, the Children's Court may have regard to any relevant matter, including any of the following—\n\n(a) the child's background and circumstances;\n\n(b) whether the group conference process would be likely to address the child's individual needs and risks;\n\n(c) the circumstances of the alleged offence;\n\n(d) whether the child has previously participated in an early diversion group conference;\n\n(e) if paragraph (d) applies, whether an early diversion outcome plan was finalised;\n\n(f) for a child previously referred to an early diversion group conference by the Children's Court, the extent to which the child has completed a finalised early diversion outcome plan.\n\n(4) The Children's Court must not make an early diversion group conference order in relation to an alleged offence that is otherwise excluded from referral to an early diversion group conference.\n\nSee section 118(2).\n\n(5) The Children's Court must not make an early diversion group conference order unless the Children's Court is satisfied that there is a suitable approved service provider to conduct the early diversion group conference.\n\n(6) The Children's Court may make an early diversion group conference order in relation to an alleged offence regardless of whether the child has already participated in an early diversion group conference in respect of the alleged offence.\n\n","sortOrder":167},{"sectionNumber":"162","sectionType":"section","heading":"Adjournment of proceeding for early diversion group conference","content":"\t162 Adjournment of proceeding for early diversion group conference\n\n(1) On making an early diversion group conference order in respect of a child, the Children's Court may adjourn the proceeding to enable the child to participate in an early diversion group conference.\n\n(2) The Children's Court may refuse to accept a plea of guilty from the child in the proceeding for the offence, or may allow the child to withdraw such a plea, if—\n\n(a) the Court has not heard any evidence in the proceeding; and\n\n(b) the Court is considering making an early diversion group conference order.\n\n","sortOrder":168},{"sectionNumber":"163","sectionType":"section","heading":"Form of referral by Children's Court","content":"\t163 Form of referral by Children's Court\n\n(1) A referral by the Children's Court of a child to an early diversion group conference must be made—\n\n(a) to an approved service provider that is approved to conduct early diversion group conferences; and\n\n(b) in the prescribed form.\n\n(2) The referral must contain the following—\n\n(d) the name of the referring judicial officer;\n\n(e) details of the alleged offence for which the referral is made;\n\n(f) the reasons for the referral;\n\n(g) the date on which the referral is made;\n\n(h) whether the child has elected to participate in the Aboriginal-led early diversion group conference model;\n\n","sortOrder":169},{"sectionNumber":"164","sectionType":"section","heading":"Conduct of early diversion group conference","content":"\t164 Conduct of early diversion group conference\n\nIf a child is referred to an early diversion group conference by the Children's Court under this Division, the early diversion group conference must be convened and conducted in accordance with the relevant provisions of Parts 4.4 and 4.5.\n\n","sortOrder":170},{"sectionNumber":"165","sectionType":"section","heading":"Early diversion group conference not appropriate or discontinued","content":"\t165 Early diversion group conference not appropriate or discontinued\n\nThe Children's Court may take any action in respect of a child for an alleged offence that the Court considers to be appropriate in the circumstances if a convenor of an early diversion group conference notifies the Court under Part 4.4—\n\n(a) that an early diversion group conference in respect of the alleged offence is not appropriate in the circumstances; or\n\n(b) that the early diversion group conference in respect of the alleged offence has been discontinued.\n\n","sortOrder":171},{"sectionNumber":"166","sectionType":"section","heading":"Early diversion outcome plan finalised","content":"\t166 Early diversion outcome plan finalised\n\n(1) The Children's Court must discharge a child without any finding of guilt for an alleged offence if—\n\n(a) the Court is notified that an early diversion outcome plan has been finalised for the child in respect of the alleged offence; and\n\n(b) the Court determines that the child has completed the early diversion outcome plan to the satisfaction of the Court.\n\n(2) For the purposes of subsection (1)(b), the Children's Court must have regard to the extent to which the child has completed the agreed actions recorded in the finalised early diversion outcome plan.\n\n(3) If the Children's Court is not satisfied of the extent to which a child has completed a finalised early diversion outcome plan, the Court may—\n\n(a) allow the child additional time to complete the early diversion outcome plan; or\n\n(b) proceed to hearing and determining the charge as if the matter had not been referred to an early diversion group conference; or\n\n(c) take any other action that the Court considers to be appropriate in the circumstances.\n\nDivision 4—Conduct of proceeding\n\n","sortOrder":172},{"sectionNumber":"167","sectionType":"section","heading":"Procedural guidelines to be followed by Children's Court","content":"\t167 Procedural guidelines to be followed by Children's Court\n\nAs far as practicable, in any proceeding in the Criminal Division the Children's Court must—\n\n(a) take steps to ensure that the proceeding is comprehensible to—\n\n(ii) the child's parents; and\n\n(iii) all other parties who have a direct interest in the proceeding; and\n\n(b) seek to satisfy itself that the child understands the nature and implications of the proceeding and of any order made in the proceeding; and\n\n(c) allow the child to participate fully in the proceeding; and\n\n(d) consider any wishes expressed by the child; and\n\n(e) respect the cultural identity and needs of—\n\n(ii) the child's parents and other members of the child's family; and\n\n(f) minimise the stigma to the child and the child's family*.*\n\n","sortOrder":173},{"sectionNumber":"168","sectionType":"section","heading":"Children's Court to be constituted by the same judicial officer","content":"\t168 Children's Court to be constituted by the same judicial officer\n\n(1) Subject to subsection (2), if a child appears before the Children's Court in a criminal proceeding and that child has previously appeared before the Court in an earlier criminal proceeding, the Court is to be constituted in the proceeding by the same judicial officer who constituted the Court in the earlier proceeding.\n\n(2) The Children's Court may be constituted by any other judicial officer if—\n\n(a) the judicial officer who constituted the Court in the earlier proceeding no longer holds the office of judicial officer; or\n\n(b) it is otherwise impracticable for the judicial officer who constituted the Court in the earlier proceeding to constitute the Court; or\n\n(c) the child before the Court consents to another judicial officer constituting the Court.\n\n(3) If a child is before the Children's Court in relation to more than one criminal proceeding, the Court, as far as practicable, must ensure that the Court is constituted by the same judicial officer for all the proceedings.\n\n(4) This section does not apply to the following—\n\n(a) an application for bail;\n\n(b) a contested proceeding.\n\n","sortOrder":174},{"sectionNumber":"169","sectionType":"section","heading":"Children's Court proceedings to be heard in open court","content":"\t169 Children's Court proceedings to be heard in open court\n\n(1) Subject to subsections (2) and (3), all proceedings in the Criminal Division are to be conducted in open court.\n\n(2) The Children's Court is not required to conduct a proceeding in open court if the Court has ordered that the proceeding is to be conducted remotely.\n\n(3) The Children's Court may order—\n\n(a) that the whole or any part of a proceeding in the Criminal Division be heard in closed court; or\n\n(b) that only persons or classes of persons specified by it may be present during the whole or any part of a proceeding in the Criminal Division.\n\n(4) An order under subsection (3) may be made—\n\n(a) on the application of a party or any other person who has a direct interest in the proceeding; or\n\n(b) without any application.\n\n(5) Any party to the proceeding and any other interested person has standing to support or oppose an application under subsection (4)(a).\n\n(6) If an order has been made under this section, the Children's Court must cause a copy of it to be posted on a door of, or in another conspicuous place at, the place at which the Court is being held.\n\n(7) An order posted under this section must not contain any particulars likely to lead to the identification of the child who is a party to the proceeding.\n\n(8) A person must not contravene an order made and posted under this section.\n\n(a) in the case of a person 18 years of age or over, 25 penalty units or 6 months imprisonment;\n\n(b) in the case of a child 15 years of age or over, 25 penalty units or detention in a youth justice custodial centre for 6 months;\n\n(c) in the case of a child under 15 years of age, 12 penalty units or detention in a youth justice custodial centre for 3 months.\n\n","sortOrder":175},{"sectionNumber":"170","sectionType":"section","heading":"Legal representation of child in proceeding","content":"\t170 Legal representation of child in proceeding\n\n(1) The Children's Court may adjourn the hearing of a proceeding to enable a child who is not legally represented to obtain legal representation.\n\n(2) A legal practitioner representing a child in any proceeding in the Children's Court must act in accordance with any instructions given or wishes expressed by the child so far as it is practicable to do so having regard to the maturity of the child.\n\n","sortOrder":176},{"sectionNumber":"171","sectionType":"section","heading":"Proceedings in which child is required to be legally represented","content":"\t171 Proceedings in which child is required to be legally represented\n\n(1) The Children's Court must adjourn the hearing of any of the following proceedings to enable a child who is not legally represented to obtain legal representation—\n\n(a) a hearing in relation to the criminal responsibility of a child;\n\n(b) a hearing under the **Bail Act 1977**, including the following—\n\n(i) a hearing in which the informant or prosecutor or any person appearing on behalf of the Crown intends to oppose the grant of bail;\n\n(ii) a hearing under section 24 of the **Bail Act 1977**;\n\n(c) a proceeding or an investigation into the fitness of a child to stand trial under Part 5A of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**;\n\n(d) a proceeding under Part 4A of the **Sex Offenders Registration Act 2004**;\n\n(e) the hearing of a charge for an offence punishable, in the case of an adult, by imprisonment;\n\n(f) a review of a monetary penalty imposed by the Children's Court in respect of an offence punishable, in the case of an adult, by imprisonment;\n\n(g) a proceeding in respect of—\n\n(i) varying a youth control order to make the order more restrictive; or\n\n(ii) revoking a youth control order;\n\n(h) an application in respect of a contravention of a good behaviour order, community service order, probation order, youth supervision and support order or youth control order imposed by the Children's Court in respect of an offence punishable, in the case of an adult, by imprisonment.\n\n(2) The Children's Court must not resume a hearing adjourned under this section unless—\n\n(a) the child is legally represented; or\n\n(b) the Court is satisfied that the child has had a reasonable opportunity to obtain legal representation and has failed to do so.\n\n(3) Any process served on a child requiring the child to attend the Children's Court in a proceeding referred to in subsection (1) must contain or be accompanied by a notice—\n\n(a) setting out the circumstances in which a child is required to be legally represented; and\n\n(b) stating the desirability of obtaining legal representation; and\n\n(c) explaining how legal representation may be obtained.\n\n","sortOrder":177},{"sectionNumber":"172","sectionType":"section","heading":"Legal practitioner may represent multiple children","content":"\t172 Legal practitioner may represent multiple children\n\n(1) With the leave of the Children's Court, more than one child in the same proceeding may be represented by the same legal practitioner.\n\n(2) The Children's Court may only grant leave under subsection (1) if satisfied that no conflict of interest will arise.\n\n(3) The Children's Court may withdraw leave granted under subsection (1) if the Court is satisfied that a conflict of interest has arisen in the course of the proceeding.\n\n","sortOrder":178},{"sectionNumber":"173","sectionType":"section","heading":"Interpreter in proceeding","content":"\t173 Interpreter in proceeding\n\nThe Children's Court must not hear and determine a proceeding without an interpreter interpreting the proceeding if the Court is satisfied that a child or a parent of a child has a difficulty in communicating in the English language that is sufficient to prevent the child or the parent from understanding, or participating in, the proceeding.\n\n","sortOrder":179},{"sectionNumber":"174","sectionType":"section","heading":"Explanation for order","content":"\t174 Explanation for order\n\n(1) The Children's Court must explain the meaning and effect of any order that it makes in respect of a child as plainly and simply as possible and in a way which the Court considers the child and the child's parents will understand.\n\n  (2) The explanation of an order given by the Children's Court must be given through an interpreter if the Court is satisfied that a child or a parent of a child has a difficulty in communicating in the English language that is sufficient to prevent the person from understanding the explanation.\n\n(3) An explanation of an order given by the Children's Court is not part of—\n\n(a) the order; or\n\n(b) the reasons for the order.\n\n","sortOrder":180},{"sectionNumber":"175","sectionType":"section","heading":"Order and reasons for order","content":"\t175 Order and reasons for order\n\n(1) Immediately after the Children's Court makes an order specified in subsection (2), the Court must provide a written copy of the order in the prescribed form to—\n\n(b) if the child is under 15 years of age, the child's parents, unless the Court otherwise orders; and\n\n(c) if the child is 15 years of age or over, the child's parents, if the Court so orders; and\n\n(d) the Secretary, in appropriate cases.\n\n(2) Subsection (1) applies to the following orders—\n\n(a) an order granting or refusing bail;\n\n(b) a sentence;\n\n(c) an order made in respect of a contravention of a sentence;\n\n(d) an order varying a youth control order.\n\n(3) The statement of reasons for an order is not part of the order.\n\nAn order imposing a custodial sentence on an Aboriginal child must include reasons outlining how the Children's Court has had regard to the sentencing principles outlined in section 210.\n\n","sortOrder":181},{"sectionNumber":"176","sectionType":"section","heading":"Translation of documents","content":"\t176 Translation of documents\n\n(1) A person who receives a document under section 174(1) or 175(1) may lodge with the Children's Court a statement to the effect that the person—\n\n(a) has a difficulty communicating in the English language that is sufficient to prevent the person from understanding the document; and\n\n(b) could understand the document if it were written in another language specified in the statement.\n\n(2) Within one working day after a person lodges a statement under subsection (1), the Children's Court must cause a copy of the document to be sent to a translator for translation into the language specified in the statement.\n\n(3) Within 21 days after a person lodges a statement under subsection (1), the Children's Court must cause a copy of the document written in the specified language to be—\n\n(a) given to the person; or\n\n(b) sent to the person.\n\nSee also the **Electronic Transactions (Victoria) Act 2000**.\n\n","sortOrder":182},{"sectionNumber":"177","sectionType":"section","heading":"Order not invalidated by failure to comply","content":"\t177 Order not invalidated by failure to comply\n\nAn order made by the Children's Court in a proceeding is not invalidated by, nor liable to be challenged, appealed against, reviewed, set aside, quashed or called in question in any court merely because of the failure of the Children's Court to comply with a provision of section 174, 175 or 176 in the proceeding.\n\nDivision 5—Other matters\n\n","sortOrder":183},{"sectionNumber":"178","sectionType":"section","heading":"Application by child under 15 years of age","content":"\t178 Application by child under 15 years of age\n\nIf an applicant under this Act is a child who is under 15 years of age, the application may be made on the child's behalf and in the name of the child by the child's parent.\n\n","sortOrder":184},{"sectionNumber":"179","sectionType":"section","heading":"Service of documents on child under 15 years of age","content":"\t179 Service of documents on child under 15 years of age\n\nIf this Act requires a notice of an application or hearing to be served on a child and the child is under 15 years of age, the notice must be served on the child's parent.\n\n","sortOrder":185},{"sectionNumber":"180","sectionType":"section","heading":"Warrants to arrest","content":"\t180 Warrants to arrest\n\n(1) A warrant to arrest authorised to be issued under this Act is to be issued in accordance with Division 3 of Part 4 of the **Magistrates' Court Act 1989** and that Division applies to such a warrant with any necessary modifications.\n\n(2) Without limiting subsection (1), a reference in Division 3 of Part 4 of the **Magistrates' Court Act 1989** to the bringing of a person before the Magistrates' Court as soon as practicable includes a reference to bringing the child or young person as soon as practicable before the Children's Court but not later than the next working day after the child or young person is arrested and in the meantime placing the child or young person as provided by this Act.\n\n(3) This section does not apply to a warrant signed by the secretary of the Youth Parole Board or a member of the Board under section 640 for the search and apprehension of a child or young person.\n\n","sortOrder":186},{"sectionNumber":"Part 6","sectionType":"part","heading":"2—Referral for investigation of matters under Children, Youth and Families Act 2005","content":"Part 6.2—Referral for investigation of matters under Children, Youth and Families Act 2005\n\n","sortOrder":187},{"sectionNumber":"181","sectionType":"section","heading":"Referral to DFFH Secretary—protection application","content":"\t181 Referral to DFFH Secretary—protection application\n\nThe Children's Court may refer the matter of a protection application to the DFFH Secretary for investigation under the **Children, Youth and Families Act 2005** if—\n\n(a) a child appears as an accused in a criminal proceeding in the Court; and\n\n(b) the Court considers that there is prima facie evidence that grounds exist for the making of a protection application in respect of the child.\n\nSee Division 1 of Part 4.6 of the **Children, Youth and Families Act 2005**.\n\n","sortOrder":188},{"sectionNumber":"182","sectionType":"section","heading":"Referral to DFFH Secretary—application for therapeutic treatment order","content":"\t182 Referral to DFFH Secretary—application for therapeutic treatment order\n\n(1) The Children's Court may refer the matter of an application for a therapeutic treatment order to the DFFH Secretary for investigation under the **Children, Youth and Families Act 2005** if—\n\n(a) a child appears as an accused in a criminal proceeding in the Court; and\n\n(b) the Court considers that there is prima facie evidence that grounds exist for the making of an application for a therapeutic treatment order in respect of the child.\n\n(2) In deciding whether to refer a matter to the DFFH Secretary under subsection (1), the Children's Court must consider—\n\n(a) the seriousness of the child's sexually abusive behaviours; and\n\n(b) any previous history of sexually abusive behaviours of the child and how those behaviours were addressed; and\n\n(c) the particular characteristics and circumstances of the child; and\n\n(d) any other matters the Court considers relevant.\n\nSee Division 2 of Part 4.6 of the **Children, Youth and Families Act 2005**.\n\n","sortOrder":189},{"sectionNumber":"183","sectionType":"section","heading":"Investigation and report of investigation","content":"\t183 Investigation and report of investigation\n\n(1) The DFFH Secretary must—\n\nS. 183(1)(a) amended by No. 41/2025 s. 3(Sch. 1 item 35.2(a)).\n\n(a) inquire into any matter referred to the Secretary under this Part; and\n\n(b) provide a report on the matter to the Children's Court within 21 days of the referral.\n\n(2) The report of the DFFH Secretary must—\n\nS. 183(2)(a) amended by No. 41/2025 s. 3(Sch. 1 item 35.2(b)).\n\n(a) confirm that the DFFH Secretary has inquired into the matter referred; and\n\n(b) advise that—\n\n(i) a protection application has been made by the DFFH Secretary; or\n\n(ii) an application for a therapeutic treatment order has been made by the DFFH Secretary; or\n\n(iii) the DFFH Secretary is satisfied that no protection application or no application for a therapeutic treatment order, as the case may be, is required.\n\n","sortOrder":190},{"sectionNumber":"184","sectionType":"section","heading":"Report on outcome of application","content":"\t184 Report on outcome of application\n\n(1) As soon as possible after the determination of a protection application or an application for a therapeutic treatment order made by the DFFH Secretary, the Secretary must report to the Children's Court—\n\n(a) that the application was dismissed; or\n\n(b) that a protection order or a therapeutic treatment order, as the case may be, was made.\n\n(2) A report under subsection (1)(b) must state the terms of the order.\n\n","sortOrder":191},{"sectionNumber":"185","sectionType":"section","heading":"Adjournment of proceeding if therapeutic treatment order made","content":"\t185 Adjournment of proceeding if therapeutic treatment order made\n\n  (1) The Children's Court must adjourn a criminal proceeding in which a child is an accused if—\n\n(a) the Court has not yet made a finding in the criminal proceeding; and\n\n(b) the DFFH Secretary reports to the Court that a therapeutic treatment order has been made in respect of the child.\n\n(2) An adjournment under subsection (1) must be for a period not less than the period of the therapeutic treatment order.\n\n","sortOrder":192},{"sectionNumber":"186","sectionType":"section","heading":"Report to Children's Court on therapeutic treatment order","content":"\t186 Report to Children's Court on therapeutic treatment order\n\n(1) If a therapeutic treatment order has been made in respect of a child, the DFFH Secretary must report to the Children's Court—\n\n(a) at any time required by the Court; and\n\n(b) if a criminal proceeding in which the child is an accused is adjourned, on the completion or revocation of the therapeutic treatment order.\n\n(2) For the purposes of subsection (1)(a), the Children's Court may require the DFFH Secretary to report to the Court at the times specified by the Court.\n\n(3) The Children's Court may impose a requirement under subsection (2)—\n\n(a) when adjourning a criminal proceeding because a therapeutic treatment order has been made in respect of the child; or\n\n(b) at any other time during the period of the therapeutic treatment order when the Court is exercising its jurisdiction in relation to the child.\n\n(4) The report must set out details of the child's participation in and attendance at the therapeutic treatment program under the order.\n\n(5) The Children's Court may direct the DFFH Secretary to provide a copy of the report to—\n\n(b) the prosecutor.\n\n","sortOrder":193},{"sectionNumber":"187","sectionType":"section","heading":"Hearing of adjourned proceeding","content":"\t187 Hearing of adjourned proceeding\n\n(1) The Children's Court, at short notice, may re-list a criminal proceeding adjourned under this Part because a therapeutic treatment order was made if—\n\n(a) the therapeutic treatment order is revoked; and\n\n(b) the Court considers it appropriate to re-list the proceeding.\n\n(2) The Children's Court may re-list a proceeding under subsection (1)—\n\n(a) on the application of the DFFH Secretary; or\n\n(3) Notice of an application under subsection (2) must be given to—\n\n(a) the Children's Court; and\n\n(b) the prosecutor; and\n\n(c) the child.\n\n(4) On the adjourned hearing date, the Children's Court must consider—\n\n(a) the report of the DFFH Secretary under section 186(1)(b); and\n\n(b) submissions made by or on behalf of the child and the prosecutor in relation to the matters in the report.\n\n(5) The Children's Court must discharge the child without any further hearing of the criminal proceeding if the Court is satisfied that the child has attended and participated in the therapeutic treatment program under the therapeutic treatment order.\n\n(6) For the purposes of subsection (5), the Children's Court must have regard to the following—\n\n(a) the child's attendance record;\n\n(b) the nature and extent of the child's participation;\n\n(c) whether or not the child's participation was to the satisfaction of the therapeutic treatment provider;\n\n(d) the opinion of the therapeutic treatment provider as to the effectiveness of the treatment.\n\n(7) If the child is not discharged under subsection (5), the Children's Court may determine what (if any) further proceedings in respect of the child are appropriate.\n\n","sortOrder":194},{"sectionNumber":"188","sectionType":"section","heading":"Adjournment of proceeding for voluntary participation in therapeutic treatment program","content":"\t188 Adjournment of proceeding for voluntary participation in therapeutic treatment program\n\n(1) The Children's Court must adjourn a criminal proceeding in which a child appears as an accused if—\n\n(a) the Court has not yet made a finding in the criminal proceeding; and\n\n(b) the Court is satisfied that the child has exhibited sexually abusive behaviours that would justify referring the matter to the DFFH Secretary under section 182; and\n\n(c) the Court is satisfied that the child has attended and participated, is attending and participating or will attend and participate voluntarily in an appropriate therapeutic treatment program.\n\n(2) An adjournment under subsection (1) must be for a period not less than the period of the therapeutic treatment program.\n\n","sortOrder":195},{"sectionNumber":"189","sectionType":"section","heading":"Hearing of adjourned proceeding","content":"\t189 Hearing of adjourned proceeding\n\n(1) The Children's Court, at short notice, may re-list a criminal proceeding adjourned under this Part for participation in a therapeutic treatment program.\n\n(2) On the adjourned hearing date, the Children's Court must discharge the child without any further hearing of the criminal proceeding if the Court is satisfied that the child has voluntarily attended and participated in an appropriate therapeutic treatment program.\n\n(3) For the purposes of subsection (2), the Children's Court must have regard to the following—\n\n(a) the child's attendance record;\n\n(b) the nature and extent of the child's participation;\n\n(c) whether or not the child's participation was to the satisfaction of the therapeutic treatment provider;\n\n(d) the opinion of the therapeutic treatment provider as to the effectiveness of the treatment.\n\n(4) If the child is not discharged under subsection (2), the Children's Court may determine what (if any) further proceedings in the Court in respect of the child are appropriate.\n\n","sortOrder":196},{"sectionNumber":"190","sectionType":"section","heading":"Pre-sentence report to Children's Court","content":"\t190 Pre-sentence report to Children's Court\n\n(1) The Children's Court may order the Secretary to prepare a pre-sentence report in respect of the child if a matter is referred to the DFFH Secretary under this Part in respect of the child.\n\n(2) Subject to section 182(2), the Children's Court may defer sentencing the child until—\n\n(a) the Secretary provides a pre-sentence report (if any); and\n\n(b) the DFFH Secretary provides a report under section 183(2)(b)(iii) or 184.\n\n(3) The Secretary must forward a pre-sentence report ordered by the Children's Court to the Court—\n\n(a) subject to paragraph (b), no later than 3 business days before the hearing; or\n\n(b) at the same time as the DFFH Secretary provides a report under section 184.\n\nPart 6.3—Diversion\n\n","sortOrder":197},{"sectionNumber":"191","sectionType":"section","heading":"Application of Part","content":"\t191 Application of Part\n\n(1) This Part does not apply to—\n\n(a) an offence that is punishable by a minimum or fixed sentence or penalty, including an offence that is punishable under the **Road Safety Act 1986** or the **Sentencing Act 1991** by—\n\n(i) cancellation or suspension of a licence or permit to drive a motor vehicle; or\n\n(ii) disqualification from obtaining a licence or permit to drive a motor vehicle; or\n\n(iii) disqualification from driving a motor vehicle on a road in Victoria—\n\nbut not including the incurring of demerit points under the **Road Safety Act 1986** or regulations made under that Act; or\n\n(b) an offence against section 49(1) of the **Road Safety Act 1986** not referred to in  paragraph (a).\n\n(2) This Part does not affect the incurring of demerit points under the **Road Safety Act 1986** or regulations made under that Act.\n\n","sortOrder":198},{"sectionNumber":"192","sectionType":"section","heading":"Purposes of diversion","content":"\t192 Purposes of diversion\n\nThe following purposes of diversion are to guide the operation of this Part—\n\n(a) a child should be diverted away from the criminal justice system where possible and appropriate;\n\n(b) the risk of stigma being caused to a child by contact with the criminal justice system should be reduced;\n\n(c) a child should be encouraged to accept responsibility for unlawful behaviour;\n\n(d) a child's offending should be responded to in a manner that acknowledges the child's needs and assists with rehabilitation;\n\n(e) a child should be provided with opportunities to strengthen and preserve relationships with parents and persons of significance in the child's life;\n\n(f) a child should be provided with ongoing pathways to connect with education, training and employment.\n\n","sortOrder":199},{"sectionNumber":"193","sectionType":"section","heading":"Adjournment to undertake diversion program","content":"\t193 Adjournment to undertake diversion program\n\n(1) Subject to this Part, at any time before taking a formal plea from a child in a criminal proceeding for an offence, the Children's Court may adjourn the proceeding to enable the child to participate in and complete a diversion program.\n\n(2) The Children's Court may adjourn a proceeding under subsection (1)—\n\n(a) on application by the child or the prosecutor; or\n\n(3) A proceeding may be adjourned under subsection (1)—\n\n(a) for less than one day; or\n\n(b) for any other period not exceeding 4 months.\n\n(4) The Children's Court may refuse to accept a plea of guilty from a child in a criminal proceeding for an offence, or may allow the child to withdraw such a plea, if—\n\n(a) there has been no application for an adjournment under subsection (1); and\n\n(b) the Court considers it necessary to consider the appropriateness of diversion; and\n\n(c) the Court has not heard any evidence in the proceeding; and\n\n(d) in the case of the withdrawal of a plea, the Court is satisfied that the prosecutor does not object to diversion.\n\n(5) Despite anything to the contrary in subsection (1), the Children's Court may not adjourn a proceeding for the purpose of the child completing a diversion program if—\n\n(a) the prosecutor does not consent to the adjournment; or\n\n(b) the child does not consent to the adjournment in accordance with section 194.\n\n(6) As far as practicable, the Children's Court must consider the following matters when determining whether to grant an adjournment under subsection (1)—\n\n(a) the seriousness and the nature of the offending;\n\n(b) the seriousness and the nature of any previous offending;\n\n(c) the impact on the victim (if any);\n\n(d) the interests of justice and any other matter the Court considers appropriate.\n\n(7) In considering the matters in subsection (6), the Children's Court may inform itself in any way it considers appropriate.\n\n(8) If the Children's Court allows a child to withdraw a plea of guilty, the withdrawal of the plea—\n\n(a) is inadmissible as evidence in a proceeding for the offence; and\n\n(b) does not constitute a plea.\n\n","sortOrder":200},{"sectionNumber":"194","sectionType":"section","heading":"Consent to diversion by the child","content":"\t194 Consent to diversion by the child\n\n(1) An adjournment must not be granted under section 193(1) unless the child—\n\n(a) does not deny responsibility for the alleged offence; and\n\n(b) consents to the Court adjourning the proceeding for the purpose of the child participating in a diversion program.\n\n(2) The fact that a child does not deny responsibility for an alleged offence—\n\n(a) is inadmissible as evidence in a proceeding for that offence; and\n\n(b) does not constitute a plea.\n\n","sortOrder":201},{"sectionNumber":"195","sectionType":"section","heading":"Prosecutorial consent to diversion","content":"\t195 Prosecutorial consent to diversion\n\nA prosecutor must consider the following matters when determining whether to consent to an adjournment under section 193(1)—\n\n(a) the availability of suitable diversion programs;\n\n(b) the impact on the victim (if any);\n\n(c) the child's failure to complete previous diversion programs (if any);\n\n(d) the alleged level of involvement of the child in the offending;\n\n(e) any other matter that the prosecutor considers relevant.\n\n","sortOrder":202},{"sectionNumber":"196","sectionType":"section","heading":"Matters to be considered when determining the type of diversion program","content":"\t196 Matters to be considered when determining the type of diversion program\n\n(1) As far as practicable, the Children's Court must consider the following matters when determining the type of diversion program to be ordered—\n\n(a) the diversion program should not be more punitive than the sentence that would have been imposed had the child been found guilty;\n\n(b) the diversion program should be achievable by the child and measurable;\n\n(c) the personal characteristics and circumstances of the child;\n\n(d) the desirability of maintaining a child's engagement in education, training and employment;\n\n(e) the diversion program should be culturally appropriate;\n\n(f) the impact on the victim (if any);\n\n(g) the appropriateness of a restorative approach;\n\n(h) any other matter the Court considers appropriate.\n\n(2) In considering the matters in subsection (1), the Children's Court may inform itself in any way it considers appropriate.\n\n","sortOrder":203},{"sectionNumber":"197","sectionType":"section","heading":"Extension of adjournment","content":"\t197 Extension of adjournment\n\n(1) Despite anything to the contrary in section 193, the Children's Court may adjourn a criminal proceeding for a further period not exceeding 2 months if it considers the adjournment to be appropriate to enable the completion of the diversion program.\n\n(2) The total period of the adjournment under section 193(1) and subsection (1) must not exceed 6 months.\n\n","sortOrder":204},{"sectionNumber":"198","sectionType":"section","heading":"Conclusion of the diversion program","content":"\t198 Conclusion of the diversion program\n\n(1) If a child completes a diversion program to the satisfaction of the Children's Court—\n\n(a) no plea to the charge is to be taken, or if a plea to the charge was withdrawn under section 193(4), no further plea to the charge is to be taken; and\n\n(b) the Court must discharge the child without any finding of guilt; and\n\n(c) the fact of participation in the diversion program is not to be treated as a finding of guilt except for the purposes of—\n\n(i) Division 1 of Part 3 and Part 10 of the **Confiscation Act 1997**; and\n\n(ii) section 9 of the **Control of Weapons Act 1990**; and\n\n(iii) section 151 of the **Firearms Act 1996**; and\n\n(iv) Part 4 of the **Sentencing Act 1991**; and\n\n(d) the fact of participation in the diversion program and the discharge of the child is a defence to a later charge for the same offence or a similar offence arising out of the same circumstances.\n\n(2) If a child does not complete a diversion program to the satisfaction of the Children's Court and the child is subsequently found guilty of the charge, the Court must take into account the extent to which the child complied with the diversion program when sentencing the child.\n\n","sortOrder":205},{"sectionNumber":"199","sectionType":"section","heading":"Diversion program and community service activities","content":"  199 Diversion program and community service activities\n\nIf an adjournment is granted under section 193(1) and the diversion program requires a person to engage in community service activities—\n\n(a) for the purposes of the **Accident Compensation Act 1985** and the **Workplace Injury Rehabilitation and Compensation Act 2013** or any other Act or law, the child or young person is taken to be a worker employed by the Crown; and\n\n(b) for the purposes of the **Accident Compensation Act 1985** and the **Workplace Injury Rehabilitation and Compensation Act 2013**, the weekly earnings of the child or young person are to be taken to be—\n\n(i) an amount equivalent to the weekly earnings of the child or young person in any full-time employment in which the child or young person is engaged at that time; or\n\n(ii) if the child or young person is not engaged in full-time employment at that time, an amount which the Minister administering the **Accident Compensation Act 1985** and the **Workplace Injury Rehabilitation and Compensation Act 2013** considers reasonable in the circumstances of the case; and\n\n(c) the child or young person is not entitled to receive any remuneration in respect of any work performed in those community service activities.\n\n","sortOrder":206},{"sectionNumber":"200","sectionType":"section","heading":"Natural justice","content":"\t200 Natural justice\n\nNothing in this Part affects the requirement to observe the rules of natural justice.\n\nPart 6.4—Standard of proof\n\n","sortOrder":207},{"sectionNumber":"201","sectionType":"section","heading":"Proof beyond reasonable doubt","content":"\t201 Proof beyond reasonable doubt\n\n(1) On the summary hearing of a charge for an offence, whether indictable or summary, the Children's Court must be satisfied of a child's guilt on proof beyond reasonable doubt by relevant and admissible evidence.\n\nSee also section 141 of the **Evidence Act 2008**.\n\n(2) If the Court is not satisfied in accordance with subsection (1), it must dismiss the charge.\n\nChapter 7—Sentencing\n\nPart 7.1—Sentencing principles\n\n\t202 Court must have regard to sentencing principles and general common law principles or rules in sentencing a child\n\n(1) In sentencing a child for an offence, a court, as far as is reasonably practicable and appropriate in the circumstances, must have regard to—\n\n(a) the sentencing principles*,* to the extent that each principle is relevant; and\n\n(b) subject to subsections (2) and (3), the general common law principles or rules applicable to the sentencing of children.\n\nA court is not to take into account the guiding youth justice principles in sentencing a child—see section 17(2).\n\n(2) In the event of inconsistency between any of the sentencing principles and the general common law principles or rules applicable to the sentencing of children, the sentencing principles take precedence to the extent of the inconsistency.\n\n(3) The common law principle of general deterrence does not apply to the sentencing of a child under this Act.\n\n","sortOrder":208},{"sectionNumber":"203","sectionType":"section","heading":"Sentencing principle—rehabilitation and positive development","content":"\t203 Sentencing principle—rehabilitation and positive development\n\nA sentence imposed on a child should give the highest priority to the rehabilitation and positive development of the child, including by—\n\n(a) preserving and strengthening the child's relationship with the child's parents, family and persons of significance in the child's life; and\n\n(b) supporting the child to live at home, or in safe, stable and secure living arrangements in the community; and\n\n(c) promoting the social and emotional wellbeing of the child through responses that—\n\n(i) develop the child's strengths; and\n\n(ii) address any underlying issues that may contribute to the child's offending behaviour; and\n\n(d) promoting the child's access to and participation in education, training or work, and allowing education, training or work to continue with minimal interruption or disturbance; and\n\n(e) promoting the participation of the child in other activities that will support the child's positive development, including community, recreation and sport, music, and artistic activities; and\n\n(f) minimising any stigma resulting from the sentence; and\n\n(g) recognising that children often have limited control over their environment and having regard to the important role that public service bodies, public entities, Victoria Police, non-government organisations and the community can fulfil to collaboratively support the child's successful completion of the sentence.\n\nS. 204 amended by No. 54/2025 s. 12.\n\n","sortOrder":209},{"sectionNumber":"204","sectionType":"section","heading":"Sentencing principle—protection of the community from reoffending","content":"\t204 Sentencing principle—protection of the community from reoffending\n\nA sentence imposed on a child should protect the community from any further offending by the child.\n\n","sortOrder":210},{"sectionNumber":"205","sectionType":"section","heading":"Sentencing principle—individual characteristics and vulnerabilities","content":"\t205 Sentencing principle—individual characteristics and vulnerabilities\n\nA sentence imposed on a child should—\n\n(a) be tailored to the individual characteristics of the child, such as the following—\n\n(i) age, maturity and stage of development;\n\n(ii) gender or gender identity;\n\n(iii) sexual orientation;\n\n(iv) Aboriginal identity;\n\n(v) cultural, racial or other identity and sense of belonging;\n\n(vii) disability and associated support needs;\n\n(viii) mental health and other health needs;\n\n(ix) any other relevant characteristics; and\n\n(b) recognise the vulnerabilities and strengths of the child, having regard to—\n\n(i) the individual characteristics of the child, including any interrelationship of those characteristics; and\n\n(ii) any relevant experiences including abuse, trauma, neglect, loss, family violence or child protection involvement, including removal from family or placement in out of home care.\n\n","sortOrder":211},{"sectionNumber":"206","sectionType":"section","heading":"Sentencing principle—responsibility for action","content":"\t206 Sentencing principle—responsibility for action\n\nA sentence imposed on a child should ensure that the child is aware that they must bear a responsibility for any action they take which is against the law.\n\n","sortOrder":212},{"sectionNumber":"207","sectionType":"section","heading":"Sentencing principle—impact on victims","content":"\t207 Sentencing principle—impact on victims\n\nA sentence imposed on a child should—\n\n(a) recognise the impact of the child's offending on any victim of that offending; and\n\n(b) provide opportunities for the child to restore any harm caused by their offending; and\n\n(c) take into account any steps the child has taken to restore such harm, to the extent that the child has the capacity to do so.\n\nS. 208 amended by No. 54/2025 s. 13.\n\n","sortOrder":213},{"sectionNumber":"208","sectionType":"section","heading":"Sentencing principle—minimum intervention","content":"\t208 Sentencing principle—minimum intervention\n\nA sentence imposed on a child should be the minimum intervention required in the circumstances.\n\nSection 324 prevents the Children's Court from imposing a sentence of detention on a child who was under 14 years of age at the time of the offending unless the offence is a Category A serious youth offence, a Category B serious youth offence or any other offence the Court considers to be a serious and violent offence and the Court is reasonably satisfied that the child presents a serious risk to community safety.\n\n","sortOrder":214},{"sectionNumber":"209","sectionType":"section","heading":"Sentencing principle—deterrence from committing offences in youth justice custodial centre","content":"\t209 Sentencing principle—deterrence from committing offences in youth justice custodial centre\n\nA sentence imposed on a child should deter the child from committing offences while held in custody in a youth justice custodial centre, if relevant.\n\n","sortOrder":215},{"sectionNumber":"210","sectionType":"section","heading":"Additional sentencing principles for Aboriginal children","content":"\t210 Additional sentencing principles for Aboriginal children\n\nIn addition to the other sentencing principles, a sentence imposed on an Aboriginal child should—\n\n(a) support the social and emotional wellbeing of the child; and\n\n(b) promote the healing of the child; and\n\n(c) strengthen the child's connection to family, kin, community, culture, Country and Elders; and\n\n(d) support the right of Aboriginal persons to self-determination by—\n\n(i) providing the child with an opportunity to express their views; and\n\n(ii) promoting the participation of the child and family, kin and Elders in the sentencing process; and\n\nA submission made under section 221 in relation to the unique systemic and background factors affecting the child, for the purpose of assisting the Children's Court in determining what sentence to impose on the child, is an example of the way that the right of Aboriginal persons to self-determination may be supported.\n\n(e) pay particular attention to the history, culture and circumstances of the child; and\n\n(f) recognise that discriminatory systemic institutional and historical factors have resulted in Aboriginal children being over-represented in the criminal justice system, particularly in custody; and\n\n(g) reflect the need to reduce inequality and the resultant over-representation of Aboriginal children in the criminal justice system.\n\nSection 325(3)(e) requires the Children's Court to provide reasons outlining how it has had regard to the sentencing principles in this section if the Court imposes a custodial sentence on an Aboriginal child.\n\n","sortOrder":216},{"sectionNumber":"Part 7","sectionType":"part","heading":"2—Reports and other matters to be taken into account in considering sentence","content":"Part 7.2—Reports and other matters to be taken into account in considering sentence\n\n","sortOrder":217},{"sectionNumber":"211","sectionType":"section","heading":"Children's Court may only consider certain reports and other matters","content":"\t211 Children's Court may only consider certain reports and other matters\n\nIn determining what sentence to impose on a child for an offence, the Children's Court may take into account only the following—\n\n(a) any pre-sentence report, and any supplementary pre-sentence report, in respect of the child and the evidence, if any, of its author;\n\n(b) any pre-sentence group conference report in respect of the child and the evidence, if any, of the pre-sentence group conference convenor;\n\n(c) any youth justice planning meeting report in respect of the child;\n\n(d) any report, submission or evidence given, made or tendered by or on behalf of the child;\n\n(e) any offences of which the child has been found guilty before the commission of the offence under consideration;\n\n(f) any submission on sentencing made by—\n\n(i) the informant; or\n\n(ii) the prosecutor; or\n\n(iii) any person appearing on behalf of the Crown;\n\n(g) any victim impact statement including a report attached to it under section 212;\n\n(h) any submission under section 221 on the unique systemic and background factors affecting the child;\n\n(i) any specialist assessment report in respect of the child;\n\n(j) any progress report in respect of the child;\n\nThe Children's Court may order a progress report in certain circumstances—see Division 9 of Part 9.2.\n\n(k) any information provided to the Court by the DFFH Secretary or an Aboriginal agency under Part 9.1.\n\n","sortOrder":218},{"sectionNumber":"212","sectionType":"section","heading":"Victim impact statements","content":"\t212 Victim impact statements\n\n(1) For the purpose of assisting the Children's Court in determining what sentence to impose on a child for an offence, a victim may make a statement to the Court about—\n\n(a) the impact of the offence on the victim; and\n\n(b) any injury, loss or damage suffered by the victim as a direct result of the offence.\n\n(2) The statement may be made—\n\n(a) by statutory declaration; or\n\n(b) by statutory declaration and orally by sworn or affirmed evidence.\n\n(3) The statement may be made by another person on behalf of a victim—\n\n(a) who is under 18 years of age; or\n\n(b) who the Court is satisfied is incapable of making the statement because of mental illness or for any other reason; or\n\n(c) that is not a natural person.\n\n(4) The statement may include photographs, drawings, poems or other material that relate—\n\n(a) to the impact of the offence on the victim; or\n\n(b) to any injury, loss or damage suffered by the victim as a direct result of the offence.\n\n","sortOrder":219},{"sectionNumber":"213","sectionType":"section","heading":"Medical reports","content":"\t213 Medical reports\n\n(1) A written report on medical matters concerning the victim of an offence may be attached to a victim impact statement.\n\n(2) The report—\n\n(a) must be made and signed by a medical expert; and\n\n(b) may include any document which the medical expert intends should be read with the report, whether the document—\n\n(i) existed at the time the report was made; or\n\n(ii) was subsequently obtained or created for or by the medical expert.\n\n","sortOrder":220},{"sectionNumber":"214","sectionType":"section","heading":"Use of victim impact statements","content":"\t214 Use of victim impact statements\n\n(1) The Children's Court may rule as inadmissible the whole or any part of a victim impact statement, including the whole or any part of a report attached to it under section 213(1).\n\n(2) The Children's Court may receive the whole of a victim impact statement despite—\n\n(a) an objection being taken to the statement or part of the statement; or\n\n(b) the statement containing inadmissible material.\n\n(3) If the Children's Court receives a victim impact statement that contains inadmissible material, in sentencing a child the Court—\n\n(a) is not to rely on the inadmissible material; and\n\n(b) need not specify in its reasons which of the material is not being relied on.\n\nSection 218 provides that only the admissible parts of a victim impact statement may be read aloud in open court.\n\n(4) A victim impact statement is not inadmissible merely because it contains subjective or emotive material.\n\n(5) It is the intention of Parliament that in interpreting and applying this section, the Children's Court is to have regard to—\n\n(a) the context that a victim impact statement allows the victim to tell the Court about the impact of the offence on the victim; and\n\n(b) subsection (4).\n\n","sortOrder":221},{"sectionNumber":"215","sectionType":"section","heading":"Distribution of victim impact statement","content":"\t215 Distribution of victim impact statement\n\n(1) If a victim impact statement is prepared by or on behalf of a victim, the victim must provide to the prosecutor a copy of it, including a copy of any report attached to the victim impact statement under section 213(1).\n\n(2) The copy is to be provided a reasonable time before sentencing is to take place.\n\n(3) As soon as practicable after receiving a copy of a victim impact statement and any attached report under section 213(1), the prosecutor must—\n\n(a) file a copy of the victim impact statement and any attached report with the Children's Court; and\n\n(b) provide a copy of the victim impact statement and any attached report to the child and the legal practitioner representing the child.\n\n","sortOrder":222},{"sectionNumber":"216","sectionType":"section","heading":"Examination of victim or medical expert","content":"\t216 Examination of victim or medical expert\n\n(1) At the request of the child or the prosecutor, the Children's Court may call to give evidence—\n\n(a) a victim who has made a victim impact statement; or\n\n(b) a person who has made a victim impact statement on behalf of a victim; or\n\n(c) a medical expert who made a report attached to a victim impact statement under section 213(1).\n\n(2) A victim, other person or medical expert who gives evidence under subsection (1) may be cross‑examined and re-examined.\n\n","sortOrder":223},{"sectionNumber":"217","sectionType":"section","heading":"Witnesses","content":"\t217 Witnesses\n\n(1) A victim, or a person who has made a victim impact statement on behalf of a victim, may call a witness to give evidence in support of any matter contained—\n\n(a) in the victim impact statement; or\n\n(b) in a report attached to it under section 213(1).\n\n(2) A witness who gives evidence under subsection (1) may be cross-examined and re-examined.\n\n(3) Any party to the proceeding may lead evidence on any matter contained—\n\n(a) in the victim impact statement; or\n\n(b) in a report attached to it under section 213(1).\n\n","sortOrder":224},{"sectionNumber":"218","sectionType":"section","heading":"Reading aloud of victim impact statement","content":"\t218 Reading aloud of victim impact statement\n\n(1) A person who has made a victim impact statement may request that any part of that victim impact statement—\n\n(a) is read aloud or displayed in the course of the sentencing hearing by—\n\n(i) the person making the request; or\n\n(ii) a person chosen by the person making the request who consents and who is approved by the Children's Court for that purpose; or\n\n(b) is read aloud in the course of the sentencing hearing by the prosecutor.\n\n(2) If a request is made under subsection (1), and the person specified in the request is available to do so during the course of the sentencing hearing, the Children's Court must ensure that any admissible parts of the victim impact statement that are—\n\n(a) identified in the request; and\n\n(b) appropriate and relevant to sentencing—\n\nare read aloud or displayed by the person or persons specified in the request in open court in the course of the sentencing hearing.\n\n(3) For the purposes of subsection (2), the Children's Court may direct the person who made the request or the person chosen by that person as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.\n\n(4) Nothing in this section prevents the presiding judicial officer from reading aloud any admissible part of a victim impact statement—\n\n(a) in the course of sentencing the child; or\n\n(b) at any other time in the course of the sentencing hearing.\n\n","sortOrder":225},{"sectionNumber":"219","sectionType":"section","heading":"Alternative arrangements for reading aloud of victim impact statement","content":"\t219 Alternative arrangements for reading aloud of victim impact statement\n\n(1) The Children's Court may direct that alternative arrangements be made for the reading aloud of a victim impact statement under section 218.\n\n(2) The direction may be given—\n\n(a) on the application of the person who is to read aloud the victim impact statement at a sentencing hearing; or\n\n(c) on the Children's Court's own motion.\n\n(3) Without limiting subsection (1), alternative arrangements may include—\n\n(a) permitting the victim impact statement to be read aloud from a place other than the courtroom by means of audio visual link; or\n\n(b) using screens to remove the person reading the victim impact statement from the direct line of vision of the child; or\n\n(c) permitting a person chosen by the person reading the victim impact statement and approved by the Children's Court to be beside the person reading the victim impact statement while it is read aloud, for the purpose of providing emotional support to the person reading the victim impact statement; or\n\n(d) permitting only persons specified by the Children's Court to be present while the victim impact statement is read aloud.\n\n(4) The Children's Court may revoke or vary the direction—\n\n(a) on the application of the person who is to read aloud the victim impact statement; or\n\n(c) on its own motion.\n\n(5) For the purposes of this section, the reading aloud of a victim impact statement includes the display of material included in the victim impact statement.\n\n","sortOrder":226},{"sectionNumber":"220","sectionType":"section","heading":"Alternative arrangements for examination","content":"\t220 Alternative arrangements for examination\n\n(1) The Children's Court may direct that alternative arrangements be made for the examination and cross-examination of a victim or other person who gives evidence under section 216 or 217.\n\n(2) The direction may be given—\n\n(a) on the application of the victim or other person; or\n\n(c) on the Children's Court's own motion.\n\n(3) Without limiting subsection (1), alternative arrangements may include—\n\n(a) permitting the person to be examined and cross-examined from a place other than the courtroom by means of audio visual link; or\n\n(b) using screens to remove the person from the direct line of vision of the child; or\n\n(c) permitting a person, chosen by the person being examined and cross-examined and approved by the Children's Court, to be beside the person being examined and cross‑examined during the examination and cross-examination, for the purpose of providing emotional support for the person being examined and cross-examined; or\n\n(d) permitting only persons specified by the Children's Court to be present while the person is being examined and cross‑examined.\n\n(4) The Children's Court may revoke or vary the direction—\n\n(a) on the application of a person who gives evidence under section 216 or 217; or\n\n(c) on its own motion.\n\n","sortOrder":227},{"sectionNumber":"221","sectionType":"section","heading":"Submission in respect of unique and systemic background factors affecting child","content":"\t221 Submission in respect of unique and systemic background factors affecting child\n\n(1) If the Children's Court finds a child guilty of an offence, the child may request that the Court hear from, or receive written submissions from, any person or persons called by the child, on any unique systemic and background factors affecting the child, for the purpose of assisting the Court in determining what sentence to impose on the child.\n\n(2) Without limiting subsection (1), a submission may—\n\n(a) highlight the strengths and unique experiences of the child and their family and community; or\n\n(b) focus on what the child has achieved and what is needed to support the child; or\n\n(c) identify community-led, and culturally appropriate programs or responses that are available to the child.\n\n(3) The Children's Court must hear a person called by a child under subsection (1), unless the Court is satisfied that there is some special reason that makes this unnecessary or inappropriate.\n\n(4) If the Children's Court declines to hear a person called by a child under subsection (1), the Court must give reasons for doing so.\n\n(5) If a child does not make a request for a person to make a submission, the Children's Court may suggest to the child that it may be of assistance to the Court to hear a person or persons called by the child on any of the matters referred to in subsections (1) and (2).\n\nPart 7.3—Deferral of sentencing\n\n","sortOrder":228},{"sectionNumber":"222","sectionType":"section","heading":"Children's Court may defer sentencing","content":"\t222 Children's Court may defer sentencing\n\n(1) The Children's Court may defer sentencing a child found guilty of an offence if—\n\n(a) the Court is of the opinion that in the interests of the child sentencing should be deferred; and\n\n(b) the deferral is for one or more of the reasons set out in subsection (2); and\n\n(c) the child consents to the deferral of sentencing.\n\n(2) Sentencing may be deferred for one or more of the following reasons—\n\n(a) to allow the child to demonstrate positive development or rehabilitation;\n\n(b) to allow the child to participate in activities or programs that support the child's positive development or rehabilitation, including through supervision by the Secretary;\n\n(c) to allow the child to participate in a youth justice planning meeting if the Children's Court is considering making a youth supervision and support order or a youth control order;\n\nSee sections 275 and 282 for requirements relating to ordering a youth justice planning meeting.\n\n(d) to allow the child to participate in a pre-sentence group conference if the Children's Court is considering making a community service order, probation order, youth supervision and support order, youth control order or youth justice custodial order and—\n\n(i) the Court is of the opinion, after consultation with the Secretary, that the child is suitable to participate in the conference; and\n\n(ii) the child consents to participate in the conference;\n\n(e) to provide the child an opportunity to receive a reduced sentence if the child demonstrates positive engagement during the deferral period;\n\n(f) the Children's Court otherwise considers it appropriate.\n\n(3) If the Children's Court defers sentencing, it must advise the child that when the Court later sentences the child, the Court must have regard to—\n\n(a) the child's behaviour during the period of deferral; and\n\n(b) any applicable matters set out in section 227(4)(b), (c), (d) or (e) and advise the child of those matters.\n\n(4) The Children's Court must not defer sentencing for the sole purpose of obtaining a pre-sentence report or any other report.\n\n(5) However, if the Children's Court has deferred sentencing, nothing in this section prevents the Court ordering a pre-sentence report in accordance with Division 3 of Part 9.2.\n\n","sortOrder":229},{"sectionNumber":"223","sectionType":"section","heading":"Pre-sentence group conference or youth justice planning meeting to be held if sentencing deferred","content":"\t223 Pre-sentence group conference or youth justice planning meeting to be held if sentencing deferred\n\n(1) If the Children's Court defers sentencing under section 222 to allow the child to participate in a pre-sentence group conference, the Court must order that a pre-sentence group conference be held in accordance with Part 7.4.\n\nPart 7.4 and Divisions 1 and 4 of Part 9.2 set out requirements in relation to pre-sentence group conferences and pre-sentence group conference reports.\n\n(2) If the Children's Court defers sentencing under section 222 to allow the child to participate in a youth justice planning meeting, the Court must order that a youth justice planning meeting be held in accordance with Division 6 of Part 7.8.\n\nDivision 6 of Part 7.8 sets out the requirements and purposes of a youth justice planning meeting and Divisions 1 and 7 of Part 9.2 set out requirements in relation to youth justice planning meeting reports.\n\n","sortOrder":230},{"sectionNumber":"224","sectionType":"section","heading":"Adjourning deferred sentence and period of deferral","content":"\t224 Adjourning deferred sentence and period of deferral\n\n(1) Subject to subsection (2), if the Children's Court defers sentencing a child under section 222, the Court must adjourn the case to a fixed date for sentence and release the child—\n\n(a) unconditionally; or\n\n(b) on bail in accordance with the **Bail Act 1977**.\n\n(2) If the Children's Court is considering making a youth justice custodial order and the deferral of the sentence is to allow the child to participate in a pre-sentence group conference, the Court must adjourn the case to a fixed date for sentence and—\n\n(a) release the child unconditionally; or\n\n(b) release the child on bail in accordance with the **Bail Act 1977**; or\n\n(c) remand the child in custody for a period not exceeding 21 clear days.\n\n(3) The period for which sentencing may be deferred is—\n\n(a) if the child is remanded in custody under subsection (2)(c), a period not exceeding 2 months; or\n\n(b) otherwise, a period not exceeding 4 months.\n\n(4) If a child is brought before the Children's Court on the expiry of a period of remand ordered under subsection (2)(c), the Court must not remand the child in custody for a further period exceeding 21 clear days.\n\n(5) Bail must not be refused to a child on the sole ground that the child does not have any, or any adequate, accommodation.\n\n1 The guiding youth justice principle set out in section 19(a) requires responses to offending by a child to focus on prevention, diversion and minimum intervention by ensuring that the child is subject to the minimum intervention that is necessary and appropriate in the circumstances with any deprivation of liberty being a last resort and for the minimum period appropriate.\n\n2 There is a presumption in favour of proceeding by summons if an accused is a child, unless it would be clearly inappropriate to do so—see section 147(1).\n\n","sortOrder":231},{"sectionNumber":"225","sectionType":"section","heading":"Application by child for hearing of adjourned case at short notice","content":"\t225 Application by child for hearing of adjourned case at short notice\n\n(1) A child in respect of whom sentencing has been deferred under section 222 may apply to the Children's Court for the adjourned case to be re-listed at short notice.\n\n(2) The Children's Court must cause a notice of an application under subsection (1) setting out the grounds of the application to be given to—\n\n(a) the informant; and\n\n(b) the Secretary, if appropriate.\n\n(3) On an application under subsection (1), the Children's Court may re-list the adjourned case at short notice if the Court considers it appropriate to do so.\n\n","sortOrder":232},{"sectionNumber":"226","sectionType":"section","heading":"Court may re-list adjourned case at short notice on own motion","content":"\t226 Court may re-list adjourned case at short notice on own motion\n\nIf any of the following apply to a child in respect of whom sentencing has been deferred under section 222, the Children's Court may re-list the case at short notice on its own motion—\n\n(a) the child is found guilty of an offence during the period of deferral;\n\n(b) a pre-sentence group conference ordered under section 223 does not proceed;\n\n(c) a youth justice planning meeting ordered under section 223 does not proceed.\n\n","sortOrder":233},{"sectionNumber":"227","sectionType":"section","heading":"Hearing of adjourned case","content":"\t227 Hearing of adjourned case\n\n(1) On hearing an adjourned case on the date fixed for sentence under section 224, the Children's Court must sentence the child.\n\n(2) On hearing an adjourned case under section 225 or 226, the Children's Court may—\n\n(a) sentence the child; or\n\n(b) further adjourn the case to a date fixed for sentence and exercise any of the powers under section 224(1) or (2) (as the case requires).\n\n(3) If the Children's Court further defers sentencing the child under subsection (2), the total period of all deferrals of the sentencing must not exceed 2 months.\n\n(4) In determining what sentence to impose on the child, the Children's Court must have regard to—\n\n(a) the child's behaviour during the period of deferral; and\n\n(b) any pre-sentence report ordered under Division 3 of Part 9.2; and\n\n(c) if the child participated in a pre-sentence group conference, the fact of that participation and the pre-sentence group conference report; and\n\n(d) if the child participated in a youth justice planning meeting, the fact of that participation and the youth justice planning meeting report; and\n\n(e) any other matter the Court considers relevant.\n\nSee section 238 for the effect on sentence of participation in a pre-sentence group conference.\n\n(5) If the child does not appear before the Children's Court on the date fixed for sentence or for the hearing of the adjourned case, a magistrate constituting the  Court may issue a warrant to arrest the child.\n\nPart 7.4—Pre-sentence group conferences\n\n","sortOrder":234},{"sectionNumber":"228","sectionType":"section","heading":"Objects of pre-sentence group conference","content":"\t228 Objects of pre-sentence group conference\n\nThe objects of a pre-sentence group conference in respect of a child who has been found guilty of an offence are—\n\n(a) to reduce the likelihood of the child having further contact with the criminal justice system; and\n\n(b) to reduce the likelihood of the child reoffending; and\n\n(c) to promote community safety; and\n\n(d) to provide a safe, supportive and solution-focussed process which assists the child to—\n\n(i) repair any harm to themselves, any victims of their alleged offending, their families and their community; and\n\n(iii) restore and strengthen relationships with members of their family and their community; and\n\n(e) to engage parents and persons of significance in the child's life and any organisations or agencies that have responsibility for the child to—\n\n(i) address the underlying causes of the child's conduct; and\n\n(ii) support the child's rehabilitation and positive development; and\n\n(f) to give any victim of the offence the opportunity to express the victim's experience of the child's offending and the impact of the offending on the victim; and\n\n(g) to finalise a pre-sentence outcome plan for the child.\n\n","sortOrder":235},{"sectionNumber":"229","sectionType":"section","heading":"Date and time of pre-sentence group conference","content":"\t229 Date and time of pre-sentence group conference\n\nThe convenor of a pre-sentence group conference must fix—\n\n","sortOrder":236},{"sectionNumber":"230","sectionType":"section","heading":"Persons to attend pre-sentence group conference","content":"\t230 Persons to attend pre-sentence group conference\n\n(1) The following persons must attend a pre-sentence group conference for a child—\n\n(b) the child's legal representative;\n\n(c) the informant or other police officer;\n\n(d) the convenor.\n\n(2) The following persons may attend a pre-sentence group conference for a child—\n\n(a) a parent of the child;\n\n(b) a member of the child's family;\n\n(c) a person of significance to the child;\n\n(d) a victim of the offence or the victim's representative;\n\n(e) any other person permitted to attend by the convenor.\n\n","sortOrder":237},{"sectionNumber":"231","sectionType":"section","heading":"Pre-sentence outcome plan","content":"\t231 Pre-sentence outcome plan\n\n(1) Any agreement made by a child in a pre-sentence group conference must be recorded in a pre‑sentence outcome plan.\n\n(2) The objects of a pre-sentence outcome plan are to—\n\n(a) assist the child to take responsibility and make reparation for the child's actions; and\n\n(b) support the child's positive development; and\n\n(c) reduce the likelihood of the child reoffending.\n\n(3) An agreement recorded in the pre-sentence outcome plan must be—\n\n(a) fair; and\n\n(b) measurable; and\n\n(c) reasonably able to be carried out by the child, having regard to the child's age, maturity and individual circumstances; and\n\n(d) no more punitive than the sentence that could be imposed on the child in respect of the offence of which the child has been found guilty.\n\n","sortOrder":238},{"sectionNumber":"232","sectionType":"section","heading":"Report of pre-sentence group conference","content":"\t232 Report of pre-sentence group conference\n\nThe convenor of a pre-sentence group conference must—\n\n(a) prepare a group conference report for the Children's Court; and\n\n(b) include in the report the pre-sentence outcome plan, if any, agreed to by the child.\n\n","sortOrder":239},{"sectionNumber":"233","sectionType":"section","heading":"Confidentiality","content":"\t233 Confidentiality\n\n(1) Subject to Division 1 of Part 9.2, a person who attends a pre-sentence group conference must not disclose any information given or statement made to the pre-sentence group conference unless the disclosure is authorised under subsection (2).\n\n(2) A person may disclose information given or a statement made to a pre-sentence group conference if the disclosure is made in any of the following circumstances—\n\n(a) with the leave of the Children's Court;\n\n(b) with the consent of all of the attendees of the pre-sentence group conference;\n\n(c) by the convenor for the purposes of making a record of the proceedings at the pre-sentence group conference;\n\n(d) by the convenor for the purposes of preparing the group conference report for the Children's Court;\n\n(e) in a discussion between a person who attended the pre-sentence group conference and the person's legal representative;\n\n(f) in a discussion between the legal representatives of persons who attended the pre-sentence group conference;\n\n(g) for any other prescribed purpose.\n\n","sortOrder":240},{"sectionNumber":"234","sectionType":"section","heading":"Confidentiality of pre-sentence outcome plan","content":"\t234 Confidentiality of pre-sentence outcome plan\n\n(1) Subject to Division 1 of Part 9.2, a person who prepares or receives a copy of a pre-sentence outcome plan must not give a copy of the pre‑sentence outcome plan to any other person or disclose any information in the outcome plan unless the giving of that copy or making of that disclosure is authorised under subsection (2).\n\n(2) A person may give a copy of a pre-sentence outcome plan to another person or disclose information in the pre-sentence outcome plan if the copy is given or the disclosure is made—\n\n(a) to a person who was required or entitled to attend the pre-sentence group conference; or\n\n(b) to a person the convenor of the pre-sentence group conference considers has a genuine and proper interest in supporting a child to complete the pre-sentence outcome plan.\n\nPart 7.5—Sentence discount and total sentences\n\n","sortOrder":241},{"sectionNumber":"235","sectionType":"section","heading":"Sentence discount for undertaking to assist law enforcement authorities","content":"\t235 Sentence discount for undertaking to assist law enforcement authorities\n\n(1) In sentencing a child for an offence, if the Children's Court imposes a less severe sentence than it would otherwise have imposed because of an undertaking given by the child to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, the Court must cause to be noted in the records of the Court—\n\n(a) that it is doing so; and\n\n(b) the fact that the undertaking was given and its details.\n\n(2) Nothing in subsection (1) requires the Children's Court to state the sentence that it would have imposed but for the undertaking that was given.\n\n(3) The failure of the Children's Court to comply with this section—\n\n(b) does not prevent a court on an appeal against sentence from reviewing a sentence imposed by the Children's Court in circumstances where there has been a failure to comply with this section.\n\n","sortOrder":242},{"sectionNumber":"236","sectionType":"section","heading":"Sentence discount for assistance given or being given to law enforcement authorities","content":"\t236 Sentence discount for assistance given or being given to law enforcement authorities\n\n(1) In sentencing a child for an offence, if the Children's Court imposes a less severe sentence than it would otherwise have imposed because of assistance given, or being given, by the child to law enforcement authorities in the investigation or prosecution of an offence, the Court must cause to be noted in the records of the Court—\n\n(a) that it is doing so; and\n\n(b) the fact assistance was given, or is being given, and the details of the assistance.\n\n(2) Nothing in subsection (1) requires the Children's Court to state the sentence that it would have imposed but for the assistance that was given or will be given.\n\n(3) The failure of the Children's Court to comply with this section—\n\n(b) does not prevent a court on an appeal against sentence from reviewing a sentence imposed by the Children's Court in circumstances where there has been a failure to comply with this section.\n\n","sortOrder":243},{"sectionNumber":"237","sectionType":"section","heading":"Sentence discount for guilty plea","content":"\t237 Sentence discount for guilty plea\n\n(a) the Children's Court is sentencing a child for one or more offences; and\n\n(b) the Court imposes a less severe sentence than it would otherwise have imposed because the child pleaded guilty to at least one of those offences; and\n\n(c) the sentence imposed on the child is or includes a youth control order or a youth justice custodial order—\n\nthe Court must state the sentence that it would have imposed but for the plea of guilty but is not required to state those matters in respect of each offence.\n\n(2) Nothing in subsection (1) prevents the Children's Court from stating the sentence that it would have imposed but for the plea of guilty when imposing a sentence that is not referred to in subsection (1)(b).\n\n(3) The Children's Court must cause to be recorded a statement made under subsection (1) or (2).\n\n(4) The failure of the Children's Court to comply with this section—\n\n(b) does not prevent a court on an appeal against sentence from reviewing a sentence imposed by the Children's Court in circumstances where there has been a failure to comply with this section.\n\n","sortOrder":244},{"sectionNumber":"238","sectionType":"section","heading":"Sentence discount for participation in pre-sentence group conference","content":"\t238 Sentence discount for participation in pre-sentence group conference\n\n(1) If a child has participated in a pre-sentence group conference and has agreed to the pre-sentence group conference outcome plan, the Children's Court must impose on the child a sentence less severe than it would have imposed had the child not participated in a pre-sentence group conference.\n\n(2) If the sentencing of a child is deferred under section 222 for the purpose of the child's participation in a pre-sentence group conference and the child fails to participate in the conference, the Children's Court must not impose on the child a sentence more severe than it would have imposed had the sentencing not been deferred.\n\n","sortOrder":245},{"sectionNumber":"239","sectionType":"section","heading":"Failure to attend youth justice planning meeting","content":"\t239 Failure to attend youth justice planning meeting\n\nIf the sentencing of a child is deferred under section 222 for the purposes of the child's participation in a youth justice planning meeting and the child fails to participate in the meeting, the Children's Court must not impose on the child a sentence more severe than it would have imposed had sentencing not been deferred.\n\nPart 7.6—Sentencing generally\n\n","sortOrder":246},{"sectionNumber":"240","sectionType":"section","heading":"Hierarchy of options for sentencing","content":"\t240 Hierarchy of options for sentencing\n\n(1) In sentencing a child for an indictable offence or a summary offence, the Children's Court may—\n\n(a) dismiss the charge without a formal warning under section 243; or\n\n(b) if satisfied that paragraph (a) is inappropriate in the circumstances, dismiss the charge with a formal warning under section 244; or\n\n(c) if satisfied that paragraph (b) is inappropriate in the circumstances, impose a fine or make a good behaviour order; or\n\n(d) if satisfied that paragraph (c) is inappropriate in the circumstances, make a community service order; or\n\n(e) if satisfied that paragraph (d) is inappropriate in the circumstances, make a probation order; or\n\n(f) if satisfied that paragraph (e) is inappropriate in the circumstances, make a youth supervision and support order; or\n\n(g) if satisfied that paragraph (f) is inappropriate in the circumstances, make a youth control order; or\n\n(h) if satisfied that paragraph (g) is inappropriate in the circumstances, make a youth justice custodial order.\n\n1. If the Children's Court is of the opinion that sentencing should be deferred, the Court may defer sentencing under section 222.\n\n2. Section 324 prevents the Children's Court from imposing a sentence of detention on a child who was under 14 years of age at the time of the offending unless the offence is a Category A serious youth offence, a Category B serious youth offence or any other offence the Court considers to be a serious and violent offence and the Court is reasonably satisfied that the child presents a serious risk to community safety.\n\n(2) The sentences of a fine and a good behaviour order are at the same level and either of those sentences may be imposed on a child for an offence without the Children's Court considering whether the other is inappropriate.\n\n(3) In addition to any sentence referred to in subsection (1), the Children's Court may order a child—\n\n(a) to make restitution or pay compensation in accordance with section 329; or\n\n(b) to pay costs.\n\n(4) The Children's Court must not make an order referred to in subsection (3) a special condition of another sentence.\n\n(5) If under any Act other than this Act a court is authorised on a conviction for an offence—\n\n(a) to make an order with respect to any property or thing the subject of or in any way connected with the offence; or\n\n(b) to impose any disqualification or like penalty on the person convicted—\n\nthe Children's Court, if it finds a child guilty of that offence, may make any such order or impose any such disqualification or penalty despite the child not being convicted of the offence.\n\n(6) The Children's Court must not pass a sentence that imposes any condition or requirement on a person or body that is not a party to a proceeding, unless the Court is satisfied that the person or body consents to that condition or requirement.\n\n","sortOrder":247},{"sectionNumber":"241","sectionType":"section","heading":"Supreme Court or County Court may exercise sentencing powers of Children's Court","content":"\t241 Supreme Court or County Court may exercise sentencing powers of Children's Court\n\n(1) Without limiting any other power of the Supreme Court, the powers that the Supreme Court or the County Court may exercise in sentencing a child for an indictable offence include the power to impose any sentence which the Children's Court may impose under this Act but an order that the child be detained in a youth justice custodial centre must be made in accordance with Subdivision (4) of Division 2 of Part 3 of the **Sentencing Act 1991**.\n\n(2) In sentencing a child who is 16 years of age or over but under 18 years of age at the time of the commission of an indictable offence, the Supreme Court or the County Court is to have regard to any requirement in the **Sentencing Act 1991** that a specified minimum non-parole period of imprisonment be imposed, had the offence been committed by an adult.\n\nPart 7.7—Unsupervised community-based orders\n\n","sortOrder":248},{"sectionNumber":"242","sectionType":"section","heading":"Conviction not to be recorded when making an unsupervised order","content":"\t242 Conviction not to be recorded when making an unsupervised order\n\nIf the Children's Court makes one of the following orders in respect of a child for an offence, a conviction must not be recorded—\n\n(a) an order dismissing the charge without a formal warning under section 243(1);\n\n(b) an order dismissing the charge with a formal warning under section 244(1);\n\n(c) a good behaviour order;\n\n(d) an order imposing a fine.\n\nDivision 2—Dismissal without formal warning\n\n","sortOrder":249},{"sectionNumber":"243","sectionType":"section","heading":"Dismissal without formal warning","content":"\t243 Dismissal without formal warning\n\n(1) If the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may order that the charge or charges be dismissed.\n\n(2) The objects of dismissing a charge against a child with no warning are—\n\n(a) to enable the Children's Court to take no further action against the child in appropriate circumstances; and\n\nDivision 3—Dismissal with formal warning\n\n","sortOrder":250},{"sectionNumber":"244","sectionType":"section","heading":"Dismissal with formal warning","content":"\t244 Dismissal with formal warning\n\n(1) If the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may—\n\n(a) order that the charge or charges be dismissed; and\n\n(b) give the child a formal warning.\n\n(2) The objects of dismissing a charge against a child with a formal warning are—\n\n(a) to warn the child about the potential consequences of further offending; and\n\nDivision 4—Good behaviour orders\n\n","sortOrder":251},{"sectionNumber":"245","sectionType":"section","heading":"Making a good behaviour order","content":"\t245 Making a good behaviour order\n\n(1) If the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may order that the child be of good behaviour by not re-offending for a certain period.\n\n(2) The Court must not make a good behaviour order unless the child consents to the making of a good behaviour order.\n\n","sortOrder":252},{"sectionNumber":"246","sectionType":"section","heading":"Objects of a good behaviour order","content":"\t246 Objects of a good behaviour order\n\nThe objects of a good behaviour order are—\n\n(a) to encourage the child in respect of whom the order is made to be of good behaviour and engage with activities, programs or services, as appropriate; and\n\n","sortOrder":253},{"sectionNumber":"247","sectionType":"section","heading":"Conditions of a good behaviour order","content":"\t247 Conditions of a good behaviour order\n\n(1) The core condition of a good behaviour order is that the child in respect of whom the order is made must not re-offend during the period of the order.\n\n(2) The Children's Court may attach to a good behaviour order one or more developmental conditions.\n\n","sortOrder":254},{"sectionNumber":"248","sectionType":"section","heading":"Maximum period of a good behaviour order","content":"\t248 Maximum period of a good behaviour order\n\nThe period of a good behaviour order must not extend beyond a child's twenty-first birthday and must not exceed—\n\n(ii) 18 months, if the circumstances are exceptional.\n\nDivision 5—Fines\n\n","sortOrder":255},{"sectionNumber":"249","sectionType":"section","heading":"Imposing a fine","content":"\t249 Imposing a fine\n\n(1) If the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may make an order imposing a fine on the child.\n\n(2) The Children's Court must not impose a fine on a child unless—\n\n(a) the child is 15 years of age or over on the day of sentencing; and\n\n(b) the Court is satisfied that the child has the means and capacity to pay a fine.\n\n","sortOrder":256},{"sectionNumber":"250","sectionType":"section","heading":"Objects of a fine","content":"\t250 Objects of a fine\n\nThe objects of imposing a fine on a child are—\n\n(a) to provide a clear consequence for the offending behaviour of the child; and\n\n(b) to provide the child with an opportunity to make reparation; and\n\n(c) to divert the child from further contact with the criminal justice system.\n\n","sortOrder":257},{"sectionNumber":"251","sectionType":"section","heading":"Financial circumstances of child to be considered","content":"\t251 Financial circumstances of child to be considered\n\nIf the Children's Court determines to impose a fine on a child, in determining the amount of the fine and method of payment, the Court must take into account—\n\n(a) the financial circumstances of the child; and\n\n(b) the nature of the burden that its payment will impose.\n\n","sortOrder":258},{"sectionNumber":"252","sectionType":"section","heading":"Maximum fine which may be imposed","content":"\t252 Maximum fine which may be imposed\n\nA fine must not exceed—\n\n(a) if it is imposed in respect of a single offence, 5 penalty units or the maximum fine which may be imposed on an adult for the same offence, whichever is the lower amount; or\n\n(b) if it is imposed in respect of more than one offence, a total of 10 penalty units.\n\n","sortOrder":259},{"sectionNumber":"253","sectionType":"section","heading":"Instalment orders","content":"\t253 Instalment orders\n\nIf the Children's Court imposes a fine on a child, at the time of imposing the fine, the Court—\n\n(a) must make an instalment order, if the child requests it; or\n\n(b) in any other case, may make an instalment order, if the Court considers it appropriate to do so.\n\n","sortOrder":260},{"sectionNumber":"254","sectionType":"section","heading":"Time to pay orders","content":"\t254 Time to pay orders\n\nIf the Children's Court does not make an instalment order in respect of a fine, the Court may make a time to pay order at the time of imposing the fine on the child.\n\n","sortOrder":261},{"sectionNumber":"255","sectionType":"section","heading":"Application for time to pay order, instalment order or variation of instalment order","content":"\t255 Application for time to pay order, instalment order or variation of instalment order\n\n(1) A child on whom a fine has been imposed may apply at any time in the prescribed manner or in accordance with the rules of court to the registrar at the proper venue of the Children's Court for—\n\n(a) a time to pay order; or\n\n(b) an instalment order; or\n\n(c) an order varying an instalment order.\n\n(2) An application must be made before the commencement of a hearing under section 257.\n\n","sortOrder":262},{"sectionNumber":"256","sectionType":"section","heading":"Making of instalment order or time to pay order","content":"\t256 Making of instalment order or time to pay order\n\nOn an application under section 255, the Children's Court may make—\n\n(a) a time to pay order; or\n\n(b) an instalment order; or\n\n(c) an order varying an instalment order.\n\n","sortOrder":263},{"sectionNumber":"257","sectionType":"section","heading":"Default in payment of fine or instalment order","content":"\t257 Default in payment of fine or instalment order\n\n(1) If it appears to the Children's Court that for a period of more than one month a child defaults in the payment of a fine or any instalment under an instalment order, the Court may direct that the child be served with a notice to appear before the Court at a specified time for the matter to be heard.\n\n(2) At the hearing of the proceeding, if the Children's Court is satisfied that for a period of more than one month a child has defaulted in the payment of the fine or any instalment under an instalment order, the Court may—\n\n  (a) determine that payment of the amount of the fine that remains unpaid not be enforced; or\n\n(b) adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit; or\n\n  (c) order that the fine be varied as specified in the order of the Court; or\n\n(d) if the default is in the payment of an instalment under an instalment order, order that the instalment order be varied as specified in the order of the Court; or\n\n(e) order that the fine then unpaid be levied by a warrant to seize property; or\n\n(f) make a community service order in accordance with Division 2 of Part 7.8 for a number of hours determined in accordance with section 258.\n\n(3) The Children's Court may adjourn the proceeding and a magistrate constituting the Court may issue a warrant to arrest the child if—\n\n(a) a notice is served on the child under subsection (1) and—\n\n(i) the child fails to appear before the Court at the time specified; and\n\n(ii) the Court is satisfied that the notice has come to the attention of the child; or\n\n(b) service of a notice under subsection (1) cannot be effected.\n\nSee section 261 for requirements relating to a hearing for a default in payment of a fine or an instalment order.\n\n","sortOrder":264},{"sectionNumber":"258","sectionType":"section","heading":"Calculation to convert fine into community service order","content":"\t258 Calculation to convert fine into community service order\n\n(1) If the Children's Court makes a community service order under section 257(2)(f), it may order the child to perform community service activities as directed by the Secretary for a number of hours fixed in accordance with subsection (2).\n\n(2) The number of hours of unpaid community service activities that the child may be required to perform is 1 hour for each 0⋅2 penalty unit or part of a 0⋅2 penalty unit then remaining unpaid up to an amount equivalent to the value of 10 penalty units with a minimum of 4 hours and a maximum of 50 hours.\n\n(3) If a child is in default of more than one fine or instalment, the minimum and maximum number of hours set out in subsection (2) apply to the total number of hours of unpaid community service activities that the child may be required to perform in respect of the amounts then remaining unpaid of all the fines or instalments of which the child is then in default.\n\n\t259 Bail\n\n(1) The Children's Court, a bail justice or a police officer may grant bail if—\n\n(a) a child has been arrested under a warrant issued under section 257(3) and it is not possible for the Children's Court to immediately hear the proceeding to which the warrant relates; or\n\n(b) a child has appeared before the Children's Court in relation to a proceeding under section 257 and the Court adjourns the hearing of the proceeding.\n\n(2) Subject to section 154, the **Bail Act 1977** applies under this section, with any necessary modifications, as if a reference to a person accused of an offence or an accused included a reference to the child.\n\n(3) If the child is refused bail, the child must be remanded in custody for a period not exceeding 21 clear days.\n\n","sortOrder":265},{"sectionNumber":"260","sectionType":"section","heading":"Reduction of order by payment of portion of fine","content":"\t260 Reduction of order by payment of portion of fine\n\n(a) a community service order has been made under section 257(2)(f) in respect of a child; and\n\n(b) before the expiry of the term of the order, it appears to the Children's Court that part of the fine has been paid.\n\n(2) The total hours of community service activities to be performed by the child under the order must be reduced by the number of hours bearing as nearly as possible the same proportion to the total number of hours specified in the order as the amount paid bears to the whole amount of the fine.\n\n","sortOrder":266},{"sectionNumber":"261","sectionType":"section","heading":"Proceeding for default in payment of fine or instalment order","content":"\t261 Proceeding for default in payment of fine or instalment order\n\n(1) The Children's Court may direct that a child be served with a notice to appear before the Court under section 257(1)—\n\n(a) whether the fine or instalment order was imposed by the Children's Court, the County Court or the Supreme Court, on appeal or otherwise; and\n\n(b) whether the child in respect of whom the application is made is 19 years of age or over.\n\n(2) If the proceeding under section 257 is in respect of a child who is under 19 years of age when the proceeding commences, the Children's Court must hear and determine the proceeding unless—\n\n(a) the fine or instalment order was imposed by the Supreme Court or the County Court and the child does not consent to the Children's Court hearing the proceeding; or\n\n(b) the Children's Court considers that in all the circumstances of the case it is appropriate to transfer the proceeding to the court that imposed the sentence.\n\n(3) If the proceeding under section 257 is in respect of a child who is 19 years of age or over when the proceeding commences, the Children's Court must transfer the proceeding to the Magistrates' Court or to the court that imposed the fine or instalment order unless the Children's Court considers that in all the circumstances of the case it is appropriate for the Children's Court to hear and determine the proceeding, having regard to the matters referred to in subsection (4).\n\n(4) The Children's Court must have regard to the following matters for the purposes of subsection (3)—\n\n(a) the age, maturity and stage of development of the child;\n\n(b) the nature and circumstances of the alleged default;\n\n(c) the stage of the proceeding;\n\n(d) whether the child is the subject of another proceeding in any other court;\n\n(e) the availability of appropriate sentences in the other court if the default in payment were proved;\n\n(f) whether the child prefers to be dealt with in the Children's Court or any other court;\n\n(g) any other matter that the Children's Court considers relevant.\n\n(5) A proceeding under section 257 must not be transferred on the sole ground that the fine or instalment order was imposed by another court.\n\n(6) For the purposes of subsections (2) and (3), the proceeding is taken to commence on the day on which a direction is given under section 257(1).\n\n(7) If the child does not consent to the Children's Court hearing and determining a proceeding under section 257 or the Children's Court considers that a proceeding under section 257 should be transferred, the Children's Court must discontinue the proceeding and order that it be transferred to the Magistrates' Court or to the court that imposed the sentence, as the case may be, and in the meantime may—\n\n(a) permit the child to go at large; or\n\n(b) grant the child bail on the condition that the child appear before the Supreme Court, the County Court or the Magistrates' Court, as the case requires, at the time and place at which the proceeding is to be heard; or\n\n(c) remand the child in custody or deal with the child in accordance with section 333 of the **Criminal Procedure Act 2009** until the proceeding is heard by the Supreme Court, the County Court or the Magistrates' Court, as the case may be.\n\n(8) If a proceeding under section 257 is transferred to the Magistrates' Court under this section—\n\n(a) the Magistrates' Court may sentence the child as if the Magistrates' Court had been satisfied of the child's guilt of the offence for which the fine or instalment order was imposed; and\n\n(b) for the purpose of paragraph (a), the Magistrates' Court has jurisdiction, whether or not the Magistrates' Court would otherwise have had jurisdiction to deal with the offence.\n\n(9) This section applies despite section 333.\n\nPart 7.8—Supervised community-based orders\n\n","sortOrder":267},{"sectionNumber":"262","sectionType":"section","heading":"Imposing a supervised order with or without conviction","content":"\t262 Imposing a supervised order with or without conviction\n\n(1) An order specified in subsection (4) may be made with or without a conviction recorded if the child in respect of whom the order is made is 15 years of age or over on the day of sentencing.\n\n(2) An order specified in subsection (4) must be made without a conviction recorded if the child in respect of whom the order is made is under 15 years of age on the day of sentencing.\n\n(3) In determining whether to record a conviction, the Children's Court must—\n\n(a) have regard to all of the circumstances of the case, including the following—\n\n(i) the nature of the offence, including the impact on any victim of the offence;\n\n(ii) the child's age at the time of the offence and at the time of sentencing;\n\n(iii) the child's history of offending (if any);\n\n(iv) the moral culpability of the child for the offence, having regard to the personal characteristics of the child, such as any disability or relevant impairment;\n\n(v) the impact of recording a conviction on the child's prospects of rehabilitation, social wellbeing and finding or retaining employment; and\n\n(b) ensure, as far as practicable, that the matter of the child's rehabilitation is given more weight than any other individual matter that is being considered.\n\n(4) The specified orders are—\n\n(a) a community service order; or\n\n(c) a youth supervision and support order; or\n\nDivision 2—Community service orders\n\n","sortOrder":268},{"sectionNumber":"263","sectionType":"section","heading":"Making a community service order","content":"\t263 Making a community service order\n\n(1) If the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may order the child to perform a specified number of hours of unpaid community service activities in a 6-month period commencing on the day of sentencing.\n\n(2) The Children's Court must not make a community service order unless—\n\n(a) the child is 15 years of age or over on the day of sentencing; and\n\n(b) the child consents to a community service order being made; and\n\n(c) after making inquiries of the Secretary, the Court is satisfied that there are one or more appropriate community service programs available for the child.\n\n(3) A community service order must not extend beyond the child's twenty-first birthday.\n\n","sortOrder":269},{"sectionNumber":"264","sectionType":"section","heading":"Objects of a community service order","content":"\t264 Objects of a community service order\n\nThe objects of a community service order are—\n\n(a) to engage the child in respect of whom the order is made in community service to support the child's learning and development of skills and to promote opportunities for future vocational and employment pathways, including through volunteering or mentoring; and\n\n(b) to provide the child with an opportunity to make positive and meaningful reparation as an appropriate response to the child's offending behaviour including any damage caused to any victim of the offence and the community.\n\n","sortOrder":270},{"sectionNumber":"265","sectionType":"section","heading":"Conditions of a community service order","content":"\t265 Conditions of a community service order\n\n(1) The core condition of a community service order is that the child in respect of whom the order is made performs community service activities—\n\n(a) for the number of hours specified in the order; and\n\n(b) at the place and at the dates or times directed by the Secretary.\n\n(2) Subject to subsection (3), the Secretary may direct that the child perform community service activities—\n\n(a) at or in relation to a community service organisation; or\n\n(b) in the child's local community; or\n\n(c) as part of a mentoring, skills development or cultural program.\n\n(3) The Secretary must not direct the child to engage in any community service activities so as to take the place of some other person who would usually be engaged in those activities for hire or reward if the other person—\n\n(a) is absent from those activities because of an industrial dispute involving that other person's employer; or\n\n(b) is otherwise available and willing to perform the work required in those activities.\n\n(4) Community service activities may be performed by the child under the supervision of the Secretary or any person or organisation approved by the Secretary, either generally or in the particular case, that agrees to supervise the child's performance of the activities.\n\n(5) If a direction under subsection (2) requires the child to engage in community service activities—\n\n(a) for the purposes of the **Accident Compensation Act 1985** and the **Workplace Injury Rehabilitation and Compensation Act 2013** or any other Act or law, the child is taken to be a worker employed by the Crown; and\n\n(b) for the purposes of the **Accident Compensation Act 1985** and the **Workplace Injury Rehabilitation and Compensation Act 2013**, the weekly earnings of the child are to be taken to be—\n\n(i) an amount equivalent to the weekly earnings of the child in any full-time employment in which the child is engaged at that time; or\n\n(ii) if the child is not engaged in full-time employment at that time, an amount which the Minister administering those Acts considers reasonable in the circumstances of the case; and\n\n(c) the child is not entitled to receive any remuneration for performing those community service activities.\n\n","sortOrder":271},{"sectionNumber":"266","sectionType":"section","heading":"Consideration of likely impact on education, training, employment or rehabilitation","content":"\t266 Consideration of likely impact on education, training, employment or rehabilitation\n\nIn determining the number of hours of community service activities a child is to perform under a community service order, the Children's Court must consider the likely impact of the order on the child's engagement in the following—\n\n(a) education;\n\n(b) training;\n\n(c) employment;\n\n(d) rehabilitation activities.\n\n","sortOrder":272},{"sectionNumber":"267","sectionType":"section","heading":"Maximum number of hours of work under a community service order","content":"\t267 Maximum number of hours of work under a community service order\n\n(1) The number of hours of community service activities ordered under a community service order must not exceed—\n\n(a) 25 hours for a single offence; or\n\n(b) a total of 50 hours, if the child is found guilty on the same day, or in the same proceeding, of more than one offence.\n\n(2) The number of hours of community service activities ordered under a community service order must be completed within a 6-month period commencing on the day of sentencing but if the hours of community service activities are completed any earlier than 6 months, the community service order ceases on the completion of those hours.\n\n(3) Subject to subsection (4), the maximum number of hours of community service activities that a child may be required to perform under a community service order is 5 hours in a 7-day period.\n\n(4) A child may perform up to 40 hours of community service activities in a 7-day period if—\n\n(a) the child requests to do so; and\n\n(b) the child gives written consent to performing the additional hours in the 7-day period.\n\n\t268 Failure to perform ordered hours of community service activities where no appropriate community service to perform not to constitute a contravention\n\nA child in respect of whom a community service order is made does not contravene that order for the purposes of Part 7.11 if the child does not perform the number of hours ordered for the sole or primary reason that there were no appropriate community service activities for the child to perform.\n\nDivision 3—Probation orders\n\n","sortOrder":273},{"sectionNumber":"269","sectionType":"section","heading":"Making a probation order","content":"\t269 Making a probation order\n\n(1) If the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may make an order placing the child on probation.\n\n(2) The Children's Court must not make a probation order unless the child consents to a probation order being made.\n\n","sortOrder":274},{"sectionNumber":"270","sectionType":"section","heading":"Objects of a probation order","content":"\t270 Objects of a probation order\n\nThe objects of a probation order are—\n\n(b) to allow the child to participate in community and family life in a supervised and supported way; and\n\n(c) to engage the child with activities, programs or services, as appropriate, to support the child's rehabilitation and positive development.\n\n","sortOrder":275},{"sectionNumber":"271","sectionType":"section","heading":"Conditions of a probation order","content":"\t271 Conditions of a probation order\n\n(1) The following are the core conditions of a probation order—\n\n(a) the child in respect of whom the order is made must not commit an offence punishable by imprisonment, whether in or outside Victoria, during the period of the order;\n\n(c) the child must comply with all reasonable and lawful instructions of the Secretary;\n\n(d) the child must report to the Secretary, as and when required by the Secretary, during the period that the order is in force;\n\n(e) the child must not leave Victoria without the written permission of the Secretary;\n\n(f) the child must notify the Secretary of any change in the child's residence, school or employment within 2 working days after the change has occurred.\n\n(2) The Children's Court may attach to a probation order—\n\n(b) the restrictive conditions set out in section 297(a) and (b).\n\n","sortOrder":276},{"sectionNumber":"272","sectionType":"section","heading":"Maximum period of a probation order","content":"\t272 Maximum period of a probation order\n\nThe period of a probation order must not extend beyond the child's twenty-first birthday and must not exceed—\n\n(ii) 18 months, if the circumstances are exceptional.\n\nDivision 4—Youth supervision and support orders\n\n","sortOrder":277},{"sectionNumber":"273","sectionType":"section","heading":"Making a youth supervision and support order","content":"\t273 Making a youth supervision and support order\n\n(1) If the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may make an order for the supervision and support of the child.\n\n(2) The Children's Court must not make a youth supervision and support order unless the child consents to a youth supervision and support order being made.\n\n(3) In determining whether to make a youth supervision and support order, the Children's Court must take into account the following—\n\n(a) any youth justice planning meeting report in respect of the child for the offending;\n\n(b) any pre-sentence report;\n\n(c) any previous pre-sentence report and a supplementary pre-sentence report, if applicable.\n\nSee Division 3 of Part 9.2 in relation to pre-sentence reports, previous pre-sentence reports and supplementary pre-sentence reports.\n\n","sortOrder":278},{"sectionNumber":"274","sectionType":"section","heading":"Objects of a youth supervision and support order","content":"\t274 Objects of a youth supervision and support order\n\nThe objects of a youth supervision and support order are—\n\n(b) to allow the child to participate in community and family life in a supervised and supported way; and\n\n(c) to engage the child with activities, programs or services, as appropriate, to help address the underlying causes of the child's offending behaviour; and\n\n(d) to establish long-term support systems for the child to reduce the likelihood of further offending.\n\n","sortOrder":279},{"sectionNumber":"275","sectionType":"section","heading":"Ordering a youth justice planning meeting","content":"\t275 Ordering a youth justice planning meeting\n\n(1) The Children's Court may order that an approved service provider hold a youth justice planning meeting for a child if—\n\n(a) the Court is considering making a youth supervision and support order in respect of the child; or\n\n(b) a youth supervision and support order is in force in respect of the child and the Court considers that such a meeting is necessary.\n\n(2) Before ordering a youth justice planning meeting, the Children's Court must make inquiries of the child, the Secretary and any other person the Court considers appropriate about the persons who should attend the meeting, having regard to—\n\n(a) the objects of a youth supervision and support order; and\n\n(b) the purpose of a youth justice planning meeting.\n\nSee Division 6 for the purpose and requirements of a youth justice planning meeting.\n\n","sortOrder":280},{"sectionNumber":"276","sectionType":"section","heading":"Conditions of a youth supervision and support order","content":"\t276 Conditions of a youth supervision and support order\n\n(1) The following are the core conditions of a youth supervision and support order—\n\n(a) the child in respect of whom the order is made must not commit an offence punishable by imprisonment, whether in or outside Victoria, during the period of the order;\n\n(c) the child must comply with all reasonable and lawful instructions of the Secretary;\n\n(d) the child must report to the Secretary, as and when required by the Secretary, during the period that the order is in force;\n\n(e) the child must not leave Victoria without the written permission of the Secretary;\n\n(f) the child must notify the Secretary of any change in the child's residence, school or employment within 2 working days after the change has occurred.\n\n(2) The Children's Court may attach to a youth supervision and support order—\n\n(b) one or more restrictive conditions (other than a restrictive condition under section 297(g)).\n\n","sortOrder":281},{"sectionNumber":"277","sectionType":"section","heading":"Ordering judicial monitoring of a youth supervision and support order","content":"\t277 Ordering judicial monitoring of a youth supervision and support order\n\nIf the Children's Court makes a youth supervision and support order in respect of a child, the Court may order that the child be subject to judicial monitoring in accordance with Division 7.\n\n","sortOrder":282},{"sectionNumber":"278","sectionType":"section","heading":"Maximum period of a youth supervision and support order","content":"\t278 Maximum period of a youth supervision and support order\n\nThe period of a youth supervision and support order must not extend beyond the child's twenty‑first birthday and must not exceed—\n\n(ii) 24 months, if the circumstances are exceptional.\n\n","sortOrder":283},{"sectionNumber":"279","sectionType":"section","heading":"Remission of monitoring etc. to the Children's Court","content":"\t279 Remission of monitoring etc. to the Children's Court\n\nIf a court other than the Children's Court makes a youth supervision and support order and orders that the child in respect of whom the order is made be subject to judicial monitoring in accordance with Division 7, the court that made the order, unless that court considers that it would not be appropriate in all the circumstances to do so, must remit to the Children's Court the matters in respect of the order in—\n\n(a) section 294 (reporting and monitoring); and\n\n(b) sections 303 and 304 (variation or revocation); and\n\n(c) subject to section 314, sections 307 and 309 (contravention of order).\n\nDivision 5—Youth control orders\n\n","sortOrder":284},{"sectionNumber":"280","sectionType":"section","heading":"Making a youth control order","content":"\t280 Making a youth control order\n\n(1) The Children's Court may make an order for the supervision and control of a child if the Court—\n\n(a) finds the child guilty of one or more offences whether indictable or summary; and\n\n(b) considers that the child would otherwise be sentenced to detention in a youth justice custodial centre as a result of the gravity or habitual nature of the child's unlawful behaviour.\n\n(2) The Children's Court must not make a youth control order unless—\n\n(a) the offence or one of the offences committed by the child is punishable by imprisonment; and\n\nS. 280(2)(b) amended by No. 41/2025 s. 3(Sch. 1 item 35.3).\n\n(b) the Court has made inquiries of the Secretary and is satisfied that the child is a suitable person to be placed on a youth control order; and\n\n(c) the child consents to a youth control order being made; and\n\n(d) a youth justice plan has been developed for the child.\n\n(3) In determining whether to make a youth control order, the Children's Court must have regard to the following—\n\n(a) the child's behaviour on any bail supervision program in which the child has participated;\n\n(b) the child's behaviour while remanded in custody, if applicable;\n\n(c) the extent to which the child has acknowledged responsibility for their offending;\n\n(d) the availability of education, training or work opportunities (whether paid or unpaid) for the child;\n\n(e) the child's willingness to engage in education, training or work (whether paid or unpaid);\n\n(f) the youth justice planning meeting report in respect of the child for the offending;\n\n(g) any pre-sentence report;\n\n(h) any previous pre-sentence report and a supplementary pre-sentence report, if applicable;\n\n(i) any other matter the Court considers relevant.\n\nSee Division 3 of Part 9.2 in relation to pre-sentence reports, previous pre-sentence reports and supplementary pre-sentence reports.\n\n","sortOrder":285},{"sectionNumber":"281","sectionType":"section","heading":"Objects of a youth control order","content":"\t281 Objects of a youth control order\n\nThe objects of a youth control order are—\n\n(b) to allow the child to participate in community and family life in a judicially supervised and intensively supported way; and\n\n(c) to engage the child with activities, programs or services, as appropriate, to help address the underlying causes of the child's offending behaviour;\n\n(d) to provide intensive, targeted supervision to the child to help them to develop an ability to abide by the law; and\n\n(e) to engage the child in education, training or work (whether paid or unpaid); and\n\n(f) to give the child an opportunity to demonstrate a desire to cease offending.\n\n","sortOrder":286},{"sectionNumber":"282","sectionType":"section","heading":"Ordering a youth justice planning meeting","content":"\t282 Ordering a youth justice planning meeting\n\n(1) The Children's Court must order that an approved service provider hold a youth justice planning meeting for a child if the Court is considering making a youth control order in respect of the child.\n\n(2) The Children's Court may order that an approved service provider hold a youth justice planning meeting for a child if—\n\n(a) a youth control order is in force in respect of the child; and\n\n(b) the Court considers that such a meeting is necessary.\n\n(3) Before ordering a youth justice planning meeting, the Children's Court must make inquiries of the child, the Secretary and any other person the Court considers appropriate about the persons who should attend the meeting, having regard to—\n\n(a) the objects of a youth control order; and\n\n(b) the purpose of a youth justice planning meeting.\n\nSee Division 6 for the purpose and requirements of a youth justice planning meeting.\n\n","sortOrder":287},{"sectionNumber":"283","sectionType":"section","heading":"Conditions of a youth control order","content":"\t283 Conditions of a youth control order\n\n(1) The following are the core conditions of a youth control order—\n\n(a) the child in respect of whom the order is made must not commit an offence punishable by imprisonment, whether in or outside Victoria, during the period of the order;\n\n(c) the child must comply with any lawful and reasonable directions given by the Secretary;\n\n(d) the child must report to the Secretary, as and when required by the Secretary, during the period that the order is in force;\n\n(e) the child must attend the Children's Court as directed by the Court under section 294;\n\n(f) the child must participate in education, training or work (whether paid or unpaid), for some or all of the period that the order is in force;\n\n(g) the child must notify the Secretary of any change in the child's residence, school or employment within 2 working days after the change has occurred;\n\n(h) the child must not leave Victoria without the permission of the Secretary.\n\n(2) The Children's Court may attach to a youth control order—\n\n(b) one or more restrictive conditions; and\n\n(c) the restorative condition.\n\n","sortOrder":288},{"sectionNumber":"284","sectionType":"section","heading":"Maximum period of a youth control order","content":"\t284 Maximum period of a youth control order\n\nThe period of a youth control order—\n\n(a) must not exceed 12 months; and\n\n(b) must not extend beyond the child's twenty‑first birthday.\n\n","sortOrder":289},{"sectionNumber":"285","sectionType":"section","heading":"Non-accountable parental undertaking","content":"\t285 Non-accountable parental undertaking\n\n(1) If the Children's Court makes a youth control order in respect of a child, the Court may order that the child's parent give an undertaking, with or without conditions, to support the child to comply with the youth control order for a period not exceeding the period of the youth control order.\n\n(2) The reference in subsection (1) to the child's parent does not include the DFFH Secretary.\n\n","sortOrder":290},{"sectionNumber":"286","sectionType":"section","heading":"Contravention of parental undertaking","content":"\t286 Contravention of parental undertaking\n\nIf an undertaking given under section 285 is contravened, the Children's Court must not take any action.\n\n","sortOrder":291},{"sectionNumber":"287","sectionType":"section","heading":"Remission of monitoring and other matters to the Children's Court","content":"\t287 Remission of monitoring and other matters to the Children's Court\n\nIf a court other than the Children's Court makes a youth control order, the court that made the order, unless that court considers that it would not be appropriate in all the circumstances to do so, must remit to the Children's Court the matters in respect of the order in—\n\n(a) section 294 (reporting and monitoring); and\n\n(b) sections 303 and 304 (variation or revocation); and\n\n(c) subject to section 314, sections 307 and 309 (revocation of youth control order).\n\nDivision 6—Youth justice plans and youth justice planning meetings\n\n","sortOrder":292},{"sectionNumber":"288","sectionType":"section","heading":"What is a youth justice plan?","content":"\t288 What is a youth justice plan?\n\n(1) A youth justice plan is a plan—\n\n(a) to assist a child subject to a youth supervision and support order or a youth control order to take responsibility for their actions; and\n\n(b) to reduce the likelihood of the child re‑offending; and\n\n(c) to provide the child with opportunities to receive instruction, guidance, assistance and experiences that will assist the child to develop the ability to abide by the law and complete the conditions of the order; and\n\n(d) to provide the Children's Court with information about which special conditions would best meet the objects of a youth supervision and support order or a youth control order (as the case requires).\n\n(2) A youth justice plan must be agreed to by the child.\n\n","sortOrder":293},{"sectionNumber":"289","sectionType":"section","heading":"What is a youth justice planning meeting?","content":"\t289 What is a youth justice planning meeting?\n\nA youth justice planning meeting is a meeting—\n\n(a) to develop, through discussion, a youth justice plan for a child who is subject to a youth supervision and support order or a youth control order; or\n\n(b) to review or vary a youth justice plan that is in force in respect of a child.\n\n","sortOrder":294},{"sectionNumber":"290","sectionType":"section","heading":"Requirements of youth justice planning meeting","content":"\t290 Requirements of youth justice planning meeting\n\n(1) A youth justice planning meeting must be chaired by a convenor appointed by an approved service provider.\n\n(2) The convenor of the meeting is to fix the date on which, and the time and place at which, the meeting is to be held.\n\n(3) For the purposes of subsection (2), the place at which the meeting is to be held includes a meeting to be held by audio link or audio visual link.\n\n(4) A youth justice planning meeting must be attended by the following—\n\n(a) the child in respect of whom the meeting is ordered;\n\n(b) the child's legal practitioner;\n\n(c) the Secretary;\n\n(d) the convenor;\n\n(e) any other person directed to attend by the Children's Court.\n\n(5) A youth justice planning meeting may be attended by one or more of the following, as directed by the Children's Court—\n\n(a) members of the child's family;\n\n(b) persons of significance to the child;\n\n(c) persons of significance within the child's community;\n\n(d) police officers;\n\n(e) representatives of the Department of Education;\n\n(f) social workers;\n\n(g) representatives of drug and alcohol services, mental health services, counselling services or other services;\n\n(h) child protection workers;\n\n(i) any other person.\n\n(6) In addition to any person referred to in subsection (4) or (5), the convenor may invite any person to attend a youth justice planning meeting that the convenor considers appropriate.\n\n(7) The convenor, having regard to the views of the attendees of the meeting, may require or permit one or more of the attendees to—\n\n(a) appear before the meeting by audio link or audio visual link; or\n\n(b) participate in the meeting by making oral or written submissions.\n\n","sortOrder":295},{"sectionNumber":"291","sectionType":"section","heading":"Requirements for report of meeting","content":"\t291 Requirements for report of meeting\n\nIf the Children's Court orders a youth justice planning meeting to be held, the convenor of the youth justice planning meeting must—\n\n(a) prepare a youth justice planning meeting report of the meeting for the Children's Court; and\n\n(b) include in the youth justice planning meeting report the youth justice plan agreed to by the child in respect of whom the meeting was held.\n\nSee Division 7 of Part 9.2 for further requirements in relation to youth justice planning meeting reports.\n\n","sortOrder":296},{"sectionNumber":"292","sectionType":"section","heading":"Confidentiality of meeting","content":"\t292 Confidentiality of meeting\n\n(1) Subject to section 291 and Division 1 of Part 9.2, the proceedings of a youth justice planning meeting are confidential except with—\n\n(a) the leave of the Children's Court; or\n\n(b) the consent of all the persons who attended the meeting.\n\n(2) Nothing in subsection (1) prevents any of the following—\n\n(a) the convenor making a record of the proceedings at the youth justice planning meeting;\n\n(b) discussions taking place between any persons who attended the youth justice planning meeting;\n\n(c) discussions taking place between the legal representatives of persons who attended the youth justice planning meeting;\n\n(d) discussions taking place between a person who attended the meeting and the person's legal representative;\n\n(e) the convenor from disclosing information given or statements made in a youth justice planning meeting for the purposes of the convenor preparing the youth justice planning meeting report for the Children's Court;\n\n(f) the convenor from sharing a youth justice plan with, or disclosing information given or statements made in a youth justice planning meeting to, a person who has a genuine and proper interest in supporting a child to complete a youth supervision and support order or a youth control order.\n\n","sortOrder":297},{"sectionNumber":"293","sectionType":"section","heading":"Court may revoke order for youth justice planning meeting","content":"\t293 Court may revoke order for youth justice planning meeting\n\nThe Children's Court may revoke an order for a youth justice planning meeting at any time if the Court considers that the order is no longer appropriate in the circumstances.\n\n","sortOrder":298},{"sectionNumber":"Div 7","sectionType":"division","heading":"Judicial monitoring of youth supervision and support orders and youth control orders","content":"Division 7—Judicial monitoring of youth supervision and support orders and youth control orders\n\n","sortOrder":299},{"sectionNumber":"294","sectionType":"section","heading":"Reporting and monitoring of youth supervision and support orders and youth control orders","content":"\t294 Reporting and monitoring of youth supervision and support orders and youth control orders\n\n(1) This section applies to a child in respect of whom—\n\n(a) a youth supervision and support order is in force which is subject to judicial monitoring in accordance with this Division; or\n\n(b) a youth control order is in force.\n\n(2) The Children's Court must direct that a child in respect of whom a youth control order is in force attend the Court at least monthly for the first half of the period of the order.\n\n(3) A child must attend Court—\n\n(a) as directed under subsection (2); and\n\n(b) from time to time as directed by the Court, for the Court to consider—\n\n(i) the child's compliance with the order; and\n\n(ii) the ongoing suitability of the conditions of the order.\n\n(4) The Children's Court may require any of the following to attend court to provide information, either verbally or in writing, for the purposes of a child's attendance under subsection (3)—\n\n(b) the person or body who prosecuted the child for the offence to which the order relates;\n\n(c) any other person the Court considers appropriate.\n\n(5) When a child attends the Children's Court under this section, the Court must consider whether the order should be varied under section 304(4).\n\n(6) When a child attends the Children's Court under this section, the Court is to be constituted by the judicial officer who sentenced the child unless—\n\n(a) that judicial officer no longer holds office as a judicial officer; or\n\n(b) the matters in this section were remitted to the Court under section 279 or 287; or\n\n(c) it is otherwise impracticable for that judicial officer to constitute the Court.\n\n(7) If a child fails to attend the Children's Court as directed by the Court under subsection (2) or (3)(b), a magistrate constituting the Court may issue a warrant to arrest the child.\n\n","sortOrder":300},{"sectionNumber":"Div 8","sectionType":"division","heading":"of Part 9.2 requires the Secretary to provide a judicial monitoring report to the Children's Court about the child's compliance with the order before each attendance by the child before the Court under this Division.","content":"Division 8 of Part 9.2 requires the Secretary to provide a judicial monitoring report to the Children's Court about the child's compliance with the order before each attendance by the child before the Court under this Division.\n\n","sortOrder":301},{"sectionNumber":"295","sectionType":"section","heading":"Warning of possible variation or revocation of youth supervision and support order or youth control order","content":"\t295 Warning of possible variation or revocation of youth supervision and support order or youth control order\n\nThe Children's Court may give a warning to a child when the child attends the Court under section 294, stating that the Court at a later time may vary or revoke a youth supervision and support order or a youth control order in force in respect of the child if—\n\n(a) the Court considers that the child is failing to comply with the conditions of the order; and\n\n(b) the Court considers it appropriate to give such a warning.\n\nPart 7.9—Special conditions\n\nDivision 1—Special conditions\n\n\t296 Developmental conditions\n\nEach of the following conditions is a developmental condition—\n\n(a) the child must undergo health-related counselling or a treatment service of any kind, including—\n\n(i) psychological, neuropsychological, or psychiatric mental health assessment and treatment; or\n\n(ii) assessment and treatment for drug or alcohol abuse or dependence;\n\n(b) the child must participate in disability services;\n\n(c) the child must attend education or training programs, activities or support services;\n\n(d) the child must attend and participate in mentoring, personal development or cultural programs, activities or support services;\n\n(e) the child must attend and participate in sporting or recreational programs, activities or support services;\n\n(f) the child must participate in one or more community service activities if the child's participation in the activity would support the child's rehabilitation and positive development;\n\n(g) any other condition that has a developmental, rehabilitative or therapeutic purpose and requires the child to engage in kinds of actions aimed at addressing the underlying causes of the child's offending behaviour.\n\n","sortOrder":302},{"sectionNumber":"297","sectionType":"section","heading":"Restrictive conditions","content":"\t297 Restrictive conditions\n\nEach of the following conditions is a restrictive condition—\n\n(a) the child must reside at a specified address;\n\n(b) the child must reside with one or more specified persons;\n\n(c) the child must not leave the child's place of residence—\n\n(i) between specified hours; or\n\n(ii) on specified days; or\n\n(iii) between specified hours on specified days;\n\n(d) the child must not associate with specified persons;\n\n(e) the child must not contact specified persons;\n\n(f) the child must not visit particular places or areas, or only visit the places or areas for a specific purpose at specified times or in the company of one or more specified persons;\n\n(g) any other condition that the Children's Court considers would—\n\n(i) assist in the child's compliance with the order to which the condition is attached; and\n\n(ii) address offending behaviour and support rehabilitation.\n\n","sortOrder":303},{"sectionNumber":"298","sectionType":"section","heading":"Restorative condition","content":"\t298 Restorative condition\n\nIt is a restorative condition that the child attend and participate in a group conference.\n\n","sortOrder":304},{"sectionNumber":"299","sectionType":"section","heading":"Directing manner of compliance with special conditions","content":"\t299 Directing manner of compliance with special conditions\n\n(1) A special condition attached to an order may leave a matter related to the child's compliance with that condition to be directed by the Secretary.\n\n(2) Without limiting subsection (1), unless the Children's Court otherwise directs, the Secretary, in relation to a special condition, may give a direction to the child—\n\n(a) requiring the child's attendance—\n\n(i) at a specified location; or\n\n(ii) at a specified date or time; or\n\n(iii) in any manner directed by the Secretary, including, but not limited to, attending by means of audio link or audio visual link; or\n\n(b) requiring the child's participation in a particular kind of counselling, treatment, activity or service; or\n\n(c) as required by the special condition.\n\n","sortOrder":305},{"sectionNumber":"300","sectionType":"section","heading":"Reasons for attaching special conditions to be given","content":"\t300 Reasons for attaching special conditions to be given\n\n(1) If the Children's Court makes any of the following orders when sentencing a child for an offence and attaches one or more special conditions to the order, the Court must include in its statement of reasons for the sentence its reasons for attaching each special condition—\n\n(a) a good behaviour order;\n\n(b) a probation order;\n\n(c) a youth supervision and support order;\n\n(2) The reasons for attaching each special condition are not required to be provided in writing.\n\nDivision 2—Attaching special conditions or varying special conditions\n\n","sortOrder":306},{"sectionNumber":"301","sectionType":"section","heading":"Attaching special conditions to certain community-based orders","content":"\t301 Attaching special conditions to certain community-based orders\n\n(1) If the Children's Court is determining whether to attach a special condition to an order specified in subsection (4), the Court must—\n\n(a) have regard to—\n\n(i) the sentencing principles; and\n\n(ii) the objects of the order to which the special condition would be attached; and\n\n(iii) the need to address the underlying causes of the child's offending; and\n\n(iv) any pre-sentence report or supplementary pre-sentence report; and\n\n(v) any youth justice planning meeting report or youth justice plan prepared in respect of the child for the offence for which the order is to be made or varied; and\n\n(vi) the safety of any victim of the child's offending; and\n\n(b) be satisfied that the special condition is relevant to one or more offences in respect of which the order is to be made or varied; and\n\n(c) be satisfied that the child is capable of complying with the special condition, taking into account—\n\n(i) the core conditions of the order to which the special condition would be attached; and\n\n(ii) any other special conditions attached or proposed to be attached to the order; and\n\n(iii) the availability of support services or other services relevant to the child's compliance with the special condition; and\n\n(iv) the child's personal circumstances.\n\nThe following sections limit the special conditions which may be attached to particular orders—\n\n section 247—good behaviour order;\n\n section 271—probation order;\n\n section 276—youth supervision and support order.\n\n(2) Before the Children's Court attaches a special condition to the order, the Court must seek the child's view on the child's ability to comply with the special condition taking into consideration the core conditions of the order and any special conditions already attached to the order.\n\n(3) A special condition may be attached to the order for the whole or any part of the period of the order.\n\n(4) The specified orders are—\n\n(c) a youth supervision and support order; or\n\n","sortOrder":307},{"sectionNumber":"302","sectionType":"section","heading":"Varying existing special conditions or attaching special conditions to an existing order","content":"\t302 Varying existing special conditions or attaching special conditions to an existing order\n\n(1) In addition to the requirements in section 301, the Children's Court must not vary a special condition attached to an existing order, or attach a special condition to an existing order, under Part 7.10 or 7.11 unless—\n\n(i) the needs and personal circumstances of the child subject to the order; and\n\n(ii) the availability of support services to meet the child's needs; and\n\n(iii) the extent of the child's compliance with the conditions of the order; and; and\n\n(iv) the safety of any victim of the child's offending; and\n\n(b) the variation or addition—\n\n(i) is to improve the likelihood of the child addressing any factors underlying their offending behaviour and assist the child's rehabilitation; or\n\n(ii) relates to protecting the safety of any victim of the child's offending.\n\n(2) The Children's Court may—\n\n(a) make an order more restrictive by varying a special condition attached to it, or by attaching a special condition to it, if the Court considers—\n\n(i) that the child's compliance is unsatisfactory; and\n\n(ii) that making the order more restrictive would assist the child's compliance with the order; or\n\n(b) make an order less restrictive by varying a special condition attached to it, or by attaching a special condition to it, if the Court considers—\n\n(i) that the child's compliance is satisfactory; or\n\n(ii) that the child's compliance is unsatisfactory but that making the order less restrictive would assist the child's compliance with the order.\n\n(3) In this section, varying a special condition attached to an order includes—\n\nPart 7.10—Varying or revoking community-based orders\n\n","sortOrder":308},{"sectionNumber":"303","sectionType":"section","heading":"Application by Secretary or child to vary or revoke community-based order","content":"\t303 Application by Secretary or child to vary or revoke community-based order\n\n(1) The Secretary or a child in respect of whom an order specified in subsection (2) is in force, may apply to the Children's Court for variation or revocation of the order if—\n\n(a) the circumstances of the child have changed since the making of the order; or\n\n(b) the circumstances that were presented to the Children's Court or the Secretary before the order was made were incorrect; or\n\n(c) the child is in custody or is otherwise unable to comply with the order; or\n\n(d) the child is no longer willing to comply with the order.\n\n(3) An application to vary or revoke a youth supervision and support order which is subject to judicial monitoring in accordance with Division 7 of Part 7.8 or a youth control order may be made—\n\n(a) orally, when the child attends court for judicial monitoring under section 294; or\n\n(b) by filing the application with the Children's Court.\n\n(4) An application to vary or revoke any other order specified in subsection (2) may be made by filing the application with the Children's Court.\n\n(5) As soon as practicable after filing an application under subsection (3)(b) or (4), a copy of the application and notice of the date set by the Children's Court for the hearing of the application must be served—\n\n(a) if the child is the applicant, by the principal registrar on—\n\n(i) the Secretary; and\n\n(ii) the person or body who prosecuted the child for the offence to which the order relates (if applicable); or\n\n(b) if the Secretary is the applicant, by the Secretary on—\n\n(ii) the child's legal representative; and\n\n(iii) the person or body who prosecuted the child for the offence to which the order relates (if applicable).\n\n","sortOrder":309},{"sectionNumber":"Part 8","sectionType":"part","heading":"1 of the **Children, Youth and Families Act 2005** deals with service of documents.","content":"Part 8.1 of the **Children, Youth and Families Act 2005** deals with service of documents.\n\n","sortOrder":310},{"sectionNumber":"304","sectionType":"section","heading":"Variation or revocation of community-based order","content":"\t304 Variation or revocation of community-based order\n\n(1) On an application under section 303(1), if the Children's Court considers it appropriate to do so it may—\n\n(a) dismiss the application; or\n\n(b) subject to subsection (2), vary the order by doing one or more of the following—\n\n(i) in accordance with Part 7.9, vary a special condition attached to the order, including suspending or revoking the condition;\n\n(ii) in accordance with Part 7.9, attach a special condition permitted to be attached to the order;\n\n(iii) if the order is a youth supervision and support order, order that the child be subject to judicial monitoring in accordance with Division 7 of Part 7.8; or\n\n(c) revoke the order and make no further order in respect of the offence or offences for which the order was made; or\n\n(d) subject to subsection (3), revoke the order and make any order in respect of the offence or offences which the Court could have made if it had not made the revoked order.\n\n(2) The Children's Court must not extend the period of the order unless the Court is varying a community service order, in which case the Court—\n\n(a) may extend the period within which the community service activities are required to be performed by up to 3 months; and\n\n(b) must not increase the number of hours of community service activities that the child is required to perform under the order.\n\n(3) If the applicant is the Secretary, the Children's Court must not make a youth justice custodial order.\n\n(4) When the child attends court for judicial monitoring under section 294, the Children's Court, on its own motion, may exercise any of the powers in subsection (1)(b) to (d), other than revoking a youth control order, if it considers it appropriate to do so.\n\n(5) In determining whether it is appropriate to exercise a power under subsection (1) or (4), the Children's Court must take into account—\n\n(a) a variation report in respect of the child; and\n\n(b) the fact that the order was considered appropriate at the time of sentencing; and\n\n(c) the extent to which the child has complied with the order including, if applicable, any judicial monitoring reports and discussions at attendances at the Court under section 294; and\n\n(d) the child's youth justice plan, if any.\n\nSee Division 5 of Part 9.2 for the obligation to prepare a variation report and Division 1 of that Part for general provisions in relation to the report.\n\n","sortOrder":311},{"sectionNumber":"305","sectionType":"section","heading":"Warrant to arrest for failure to appear","content":"\t305 Warrant to arrest for failure to appear\n\n(1) If a child in respect of whom an application is made by the Secretary under section 303(1) fails to appear before the Children's Court at the time fixed for the hearing of the application, a magistrate constituting the  Court may issue a warrant to arrest the child.\n\n(2) If it is not possible for the Children's Court to deal immediately with an application under section 303(1) in respect of which the child has been arrested under subsection (1), for the purposes of granting bail the provisions of—\n\n(a) this Act apply; and\n\n(b) the **Bail Act 1977** apply, with any necessary modifications, and in particular with the modification that a reference to a person accused of an offence or an accused includes a reference to the child.\n\n","sortOrder":312},{"sectionNumber":"306","sectionType":"section","heading":"Varying or revoking youth supervision and support order or youth control order without consent or warning","content":"\t306 Varying or revoking youth supervision and support order or youth control order without consent or warning\n\nA youth supervision and support order or a youth control order may be varied or revoked under section 304—\n\n(a) without the consent of the child in respect of whom the order is made; and\n\n(b) without a warning having been given to the child under section 295.\n\nPart 7.11—Contravention of community‑based orders\n\nDivision 1—Revocation of community-based orders for contravention\n\n\t307 Application by Secretary to vary or revoke community-based order for contravention\n\n(1) The Secretary may apply to the Children's Court for variation or revocation of an order specified in subsection (2) in force in respect of a child if it appears to the Secretary that the child has contravened the order.\n\n(d) a youth supervision and support order.\n\n(3) The following persons may apply to the Children's Court for variation or revocation of a youth control order in force in respect of a child—\n\n(a) the Secretary, if it appears to the Secretary that the child has contravened the order;\n\n(b) a police officer, if the child has been found guilty of an offence punishable on first conviction with imprisonment for a term of 5 years or more during the period that the youth control order is in force.\n\n(4) As soon as practicable after an application under this section is made, a copy of the application and notice of the date set by the Children's Court for the hearing of the application must be served—\n\n(a) if the Secretary is the applicant, by the Secretary on the child; or\n\n(b) if a police officer is the applicant, by the police officer on—\n\n(ii) the Secretary.\n\n1  Part 8.1 of the  **Children, Youth and Families Act 2005** deals with service of documents.\n\n2 See section 314 for requirements in relation to hearing an application for contravention of an order, including an application made under this section.\n\n","sortOrder":313},{"sectionNumber":"308","sectionType":"section","heading":"Court may issue notice to appear before court in relation to contravention of community-based order","content":"\t308 Court may issue notice to appear before court in relation to contravention of community-based order\n\n(1) While an order specified in subsection (2) is in force in respect of a child, if it appears to the Children's Court that the child has contravened the order, the Court may direct that the child is to be served with a notice to appear before the Court for the matter to be heard.\n\n","sortOrder":314},{"sectionNumber":"309","sectionType":"section","heading":"Variation or revocation of community-based order for contravention","content":"\t309 Variation or revocation of community-based order for contravention\n\n(1) At the hearing of an application under section 307 or pursuant to a notice to appear served under section 308(1), if the Children's Court is satisfied that a child has contravened the order (the ***contravened order***), the Court may—\n\n(a) dismiss the application; or\n\n(b) subject to subsection (2), vary the contravened order by doing one or more of the following—\n\n(i) in accordance with Part 7.9, vary a special condition attached to the order, including by suspending or revoking the condition;\n\n(ii) in accordance with Part 7.9, attach a special condition permitted to be attached to the order;\n\n(iii) if the order is a youth supervision and support order, order the child be subject to judicial monitoring in accordance with Division 7 of Part 7.8; or\n\n(c) subject to subsection (4), revoke the contravened order and make any order in respect of the offence or offences which the Court could have made if it had not made the contravened order; or\n\n(d) subject to subsection (4), if the contravened order has since expired—\n\n(i) make any order in respect of the offence or offences which the Court could have made if it had not made the contravened order; or\n\n(ii) dismiss the application.\n\n(2) The Children's Court must not extend the period of the contravened order unless the child has contravened a core condition of a community service order, in which case the Court—\n\n(a) may extend the period within which the community service activities are required to be performed by a period of up to 3 months; and\n\n(b) must not increase the number of hours of community service activities the child is required to perform under the order.\n\n(3) In determining what action to take under subsection (1), the Children's Court may take into account—\n\n(a) a contravention report in respect of the child; and\n\nSee Division 6 of Part 9.2 for the obligation on the Secretary to prepare a contravention report and Division 1 of that Part for general provisions in relation to contravention reports.\n\n(b) the extent to and manner in which the child has complied with the contravened order; and\n\n(c) the fact that the contravened order was considered appropriate at the time of sentencing; and\n\n(d) the period for which the order has been in force.\n\n(4) The Children's Court may not impose a sentence that is higher in the sentencing hierarchy set out in section 240(1) than the contravened order unless—\n\n(a) during the term of the contravened order, the child commits an offence punishable on first conviction with imprisonment for a term of 5 years or more; or\n\n(b) the core conditions or special conditions of the contravened order, or the support or assistance offered to the child during the remaining term of the contravened order, cannot be varied in a way that would make the order suitable for the child.\n\n\t310 Variation or revocation of youth supervision and support order or youth control order for contravention without consent or warning\n\nA youth supervision and support order or a youth control order may be varied or revoked under section 309—\n\n(a) without the consent of the child in respect of whom the order is made; and\n\n(b) without a warning having been given to the child under section 295.\n\nDivision 2—General\n\n","sortOrder":315},{"sectionNumber":"311","sectionType":"section","heading":"Time limit for making application for alleged contravention of order","content":"\t311 Time limit for making application for alleged contravention of order\n\nIf a contravention of a good behaviour order, community service order, probation order, youth supervision and support order or youth control order is constituted by—\n\n(a) an act or omission which is the subject of a charge before a court, an application under section 307 must be made, or a direction under section 308(1) must be given, not later than 3 months after a finding of guilt in respect of the charge; or\n\n(b) any other act or omission, an application under section 307 must be made, or a direction under section 308(1) must be given, not later than 14 working days after the alleged contravention.\n\n","sortOrder":316},{"sectionNumber":"312","sectionType":"section","heading":"Warrant may be issued for failure to appear","content":"\t312 Warrant may be issued for failure to appear\n\nA magistrate constituting the  Children's Court may issue a warrant to arrest a child if—\n\n(a) a notice is served on the child under section 307 or 308(1) and—\n\n(i) the child fails to appear before the Court at the time specified; and\n\n(ii) the Court is satisfied that the notice has come to the attention of the child; or\n\n(b) service of a notice under paragraph (a) cannot be effected.\n\n\t313 Bail\n\n(1) The Children's Court, a bail justice or a police officer may grant bail if a child has been arrested under a warrant issued under section 312 and it is not possible for the Children's Court to immediately hear the order contravention proceeding to which the warrant relates.\n\n(2) The Children's Court, a bail justice or a police officer may grant bail if a child has appeared before the Children's Court—\n\n(a) in relation to an application made under section 307; or\n\n(b) in answer to a notice to appear served under section 308(1)—\n\nand the Court adjourns the hearing of the proceeding.\n\n(3) Subject to section 154, the **Bail Act 1977** applies under this section, with any necessary modifications, as if a reference to a person accused of an offence or an accused were a reference to the child.\n\n(4) If the child is refused bail, the child must be remanded in custody for a period not exceeding 21 clear days.\n\n","sortOrder":317},{"sectionNumber":"314","sectionType":"section","heading":"Proceeding for contravention of sentence","content":"\t314 Proceeding for contravention of sentence\n\n(1) An application in respect of an order contravention proceeding must be made in the Children's Court—\n\n(a) whether the sentence to which the proceeding relates was imposed by the Children's Court, the County Court or the Supreme Court, on appeal or otherwise; and\n\n(b) whether the child in respect of whom the application is made is 19 years of age or over.\n\n(2) If the order contravention proceeding is in respect of a child who is under 19 years of age when the proceeding commences, the Children's Court must hear and determine the proceeding unless—\n\n(a) the sentence was imposed by the Supreme Court or the County Court and the child does not consent to the Children's Court hearing the proceeding; or\n\n(b) the Children's Court considers that in all the circumstances of the case it is appropriate to transfer the proceeding to the court that imposed the sentence.\n\n(3) If the order contravention proceeding is in respect of a child who is 19 years of age or over when the proceeding commences, the Children's Court must transfer the proceeding to the Magistrates' Court or to the court that imposed the sentence unless the Children's Court considers that in all the circumstances of the case it is appropriate for the Children's Court to hear and determine the proceeding, having regard to the matters referred to in subsection (4).\n\n(4) The Children's Court must have regard to the following matters for the purposes of subsection (3)—\n\n(a) the age, maturity and stage of development of the child;\n\n(b) the nature and circumstances of the alleged contravention;\n\n(c) the stage of the proceeding;\n\n(d) whether the child is the subject of another proceeding in any other court;\n\n(e) the availability of appropriate sentences in the other court if the contravention were proved;\n\n(f) whether the child prefers to be dealt with in the Children's Court or any other court;\n\n(g) any other matter that the Children's Court considers relevant.\n\n(5) An order contravention proceeding must not be transferred on the sole ground that the sentence was imposed by another court.\n\n(6) For the purposes of subsections (2) and (3), an order contravention proceeding is taken to commence on the day on which—\n\n(a) an application is made under section 307; or\n\n(b) a direction is given under section 308(1).\n\n(7) If the child does not consent to the Children's Court hearing and determining an order contravention proceeding or the Children's Court considers that an order contravention proceeding should be transferred, the Children's Court must discontinue the proceeding and order that it be transferred to the Magistrates' Court or to the court that imposed the sentence, as the case may be, and in the meantime may—\n\n(a) permit the child to go at large; or\n\n(b) grant the child bail on the condition that the child appear before the Supreme Court, the County Court or the Magistrates' Court, as the case requires, at the time and place at which the order contravention proceeding is to be heard; or\n\n(c) remand the child in custody or deal with the child in accordance with section 333 of the **Criminal Procedure Act 2009** until the order contravention proceeding is heard by the Supreme Court, the County Court or the Magistrates' Court, as the case may be.\n\n(8) If an order contravention proceeding is transferred to the Magistrates' Court under this section—\n\n(a) the Magistrates' Court may sentence the child as if the Magistrates' Court had been satisfied of the child's guilt of the offence for which the sentence was imposed; and\n\n(b) for the purpose of paragraph (a), the Magistrates' Court has jurisdiction, whether or not the Magistrates' Court would otherwise have had jurisdiction to deal with the offence.\n\n(9) This section applies despite section 333.\n\n(10) In this section—\n\n***order contravention proceeding*** means a proceeding under section 309.\n\nPart 7.12—General provisions for community-based orders\n\n","sortOrder":318},{"sectionNumber":"315","sectionType":"section","heading":"Copies of community-based orders to be given","content":"\t315 Copies of community-based orders to be given\n\n(1) When the Children's Court makes or varies an order specified in subsection (3), the Children's Court must cause a copy of the order to be given—\n\n(a) to the child in respect of whom the order is made; and\n\n(b) to the child's parent, unless the Court considers that disclosure of the order would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(c) if the order is an order specified in subsection (3)(c) to (f), to the Secretary and the prosecution.\n\n(2) A failure to comply with this section by the Children's Court does not invalidate the making of the order.\n\n(b) a fine; or\n\n(c) a community service order; or\n\n(d) a probation order; or\n\n(e) a youth supervision and support order; or\n\n(f) a youth control order.\n\n","sortOrder":319},{"sectionNumber":"316","sectionType":"section","heading":"Maximum total period of orders—same type of certain community-based orders","content":"\t316 Maximum total period of orders—same type of certain community-based orders\n\nIf a child is found guilty of more than one offence on the same day or in the same proceeding, the total period of 2 or more sentencing orders of the same type made in respect of the offences must not extend beyond the child's twenty-first birthday or exceed—\n\n(a) in the case of a good behaviour order or a probation order—\n\n(i) 12 months, if the child is under 15 years of age on the day of sentencing; or\n\n(ii) 18 months, if the child is 15 years of age or over on the day of sentencing; and\n\n(b) in the case of a youth supervision and support order—\n\n(i) 12 months, if the child is under 15 years of age on the day of sentencing; or\n\n(ii) 24 months, if the child is 15 years of age or over on the day of sentencing; and\n\n(c) in the case of a youth control order, 12 months.\n\n","sortOrder":320},{"sectionNumber":"317","sectionType":"section","heading":"Maximum total period of orders—certain community-based orders and youth justice custodial orders","content":"\t317 Maximum total period of orders—certain community-based orders and youth justice custodial orders\n\n(1) If a child is found guilty of more than one offence on the same day or in the same proceeding and the Children's Court—\n\n(a) makes an order specified in subsection (3) for one or more of the offences; and\n\n(b) makes a youth justice custodial order for one or more of the other offences—\n\nthe total period of the orders in respect of all of the offences must not exceed the period specified in subsection (2).\n\n(2) The maximum period is—\n\n(a) 2 years, if the child is under 15 years of age on the day of sentencing; or\n\n(b) 3 years, if the child is 15 years of age or over on the day of sentencing.\n\n(d) a youth supervision and support order.\n\n(4) If a child is found guilty of more than one offence on the same day or in the same proceeding and the Children's Court makes a youth control order for one or more of the offences and makes a youth justice custodial order for one or more of the other offences, the total period of the orders in respect of all of the offences must not exceed—\n\n(a) 2 years, if the child is under 15 years of age on the day of sentencing; or\n\n(b) 4 years, if the child is 15 years of age or over on the day of sentencing.\n\n","sortOrder":321},{"sectionNumber":"318","sectionType":"section","heading":"Community-based orders to be served concurrently unless ordered otherwise","content":"\t318 Community-based orders to be served concurrently unless ordered otherwise\n\n(1) Unless the Children's Court is satisfied that exceptional circumstances exist, if—\n\n(a) a child is found guilty of an offence; and\n\n(b) the Children's Court makes an order specified in subsection (3)—\n\nthat order is to be served concurrently, from the date of its commencement, with any other uncompleted order specified in subsection (3) made in respect of the child, whether the uncompleted order was made before or at the same time as the order being made.\n\n(2) If the Children's Court is satisfied that exceptional circumstances exist, the Court may direct that the order being made be served—\n\n(a) in part concurrently with any other uncompleted order; or\n\n(b) wholly cumulatively on any other uncompleted order.\n\n","sortOrder":322},{"sectionNumber":"319","sectionType":"section","heading":"Suspension of community-based orders on the grounds of illness or other exceptional circumstances","content":"\t319 Suspension of community-based orders on the grounds of illness or other exceptional circumstances\n\n(1) The Secretary may suspend the operation of an order, or the operation of a core condition or a special condition of an order, specified in subsection (3) if—\n\n(a) the child in respect of whom the order is in force is ill; or\n\n(b) there are other exceptional circumstances.\n\n(2) The Secretary may determine whether any period of suspension under subsection (1) is to be added to the period of the order for the purposes of calculating the time of its expiry.\n\n","sortOrder":323},{"sectionNumber":"320","sectionType":"section","heading":"Child in custody while subject to order imposing fine or instalment order","content":"\t320 Child in custody while subject to order imposing fine or instalment order\n\n(a) at the time an order imposing a fine, including an instalment order, is made in respect of a child, the child is in custody in a youth justice custodial centre or a prison; or\n\n(b) after an order is made imposing a fine, including an instalment order, in respect of a child, the child is taken into custody in a youth justice custodial centre or a prison.\n\n(2) The child may apply to the Children's Court for the Court to make an order specified in subsection (4).\n\n(3) The Children's Court, on its own motion, may cause the child to be served with a notice to appear before the Court at a specified time for the matter to be heard and make an order specified in subsection (4).\n\n(4) At the hearing of the application or the matter, the Children's Court may—\n\n(a) order that the outstanding fine be discharged in full or in part; or\n\n  (b) order that the fine or instalment order be varied as specified in the order of the Court; or\n\n(c) order that the fine then unpaid be levied by a warrant to seize property; or\n\n(d) adjourn the hearing of the application or the matter for a period of up to 6 months on any terms the Court thinks fit.\n\n","sortOrder":324},{"sectionNumber":"321","sectionType":"section","heading":"Suspension of community-based order—child in custody","content":"\t321 Suspension of community-based order—child in custody\n\n(a) at the time an order specified in subsection (5) is made in respect of a child, the child is in custody in a youth justice custodial centre or a prison; or\n\n(b) after an order specified in subsection (5) is made in respect of a child, the child is taken into custody in a youth justice custodial centre or a prison—\n\nthe Secretary may suspend the child's service of the order throughout the period of custody by written notice.\n\n(2) Notice under subsection (1) must be served on the child.\n\n(3) After consultation with the appropriate parole board or the Commissioner for Youth Justice, the Secretary must—\n\n(a) determine a time at which, and a date on which, the child is to commence or recommence service of the order; and\n\n(b) serve a written notice on the child specifying the time at and date on which the child is first required to report to the Secretary.\n\nPart 8.1 of the **Children, Youth and Families Act 2005** deals with the service of documents.\n\n(4) With the consent of the appropriate parole board, the Secretary may direct that the term of operation of the order be served concurrently with a period of parole, but that service must not be a condition of the parole.\n\n(5) The specified orders are—\n\n\t322 Secretary to notify Children's Court when a child subject to a community-based order with judicial monitoring is in custody or has order suspended\n\n(1) The Secretary must notify the Children's Court if—\n\n(a) at the time the Court makes an order specified in subsection (2) in respect of a child, the child is in custody in a youth justice custodial centre or a prison; or\n\n(b) after an order specified in subsection (2) is made in respect of a child, the child is taken into custody in a youth justice custodial centre or a prison; or\n\n(c) service of an order specified in subsection (2) in respect of a child has been suspended under section 319 or 321; or\n\n(d) service of an order specified in subsection (2) in respect of a child has commenced or recommenced in accordance with section 321(3).\n\n(a) a youth supervision and support order subject to judicial monitoring in accordance with Division 7 of Part 7.8; or\n\n(b) a youth control order.\n\n","sortOrder":325},{"sectionNumber":"323","sectionType":"section","heading":"Inconsistent conditions","content":"\t323 Inconsistent conditions\n\n(a) 2 or more orders specified in subsection (5) are in force in respect of a child; and\n\n(b) there are core conditions or special conditions of 2 or more of the orders that are inconsistent; and\n\n(c) one of the orders is higher in the sentencing hierarchy set out in section 240(1) than the other order or orders—\n\nthe child must comply with the core condition or special condition of the order that is higher in the sentencing hierarchy, to the extent of the inconsistency.\n\n(a) 2 or more orders of the same kind specified in subsection (5) are in force in respect of a child; and\n\n(b) there are core conditions or special conditions of those orders that are inconsistent; and\n\n(c) those orders are of the same kind or at the same level of the sentencing hierarchy set out in section 240(1)—\n\nthe child must comply with the core conditions or special conditions of at least one of the orders, to the extent of the inconsistency.\n\nA child is subject to a probation order (***order A***) with a special condition which requires the child to attend counselling services in a particular area and is subject to another probation order (***order B***) with a special condition which prohibits the child from being in that certain area where the counselling services are located. The child may—\n\n(a) comply with order B instead of order A by not attending the counselling and remaining outside the prohibited area; or\n\n(b) comply with order A instead of order B by attending the counselling in that area.\n\n(3) The Secretary must provide the child with a written statement setting out the conditions with which the child must comply under subsection (1) or (2), as the case requires.\n\n(4) A contravention of a core condition or special condition of an order in the circumstances referred to in subsection (1) or (2) is not a contravention of that condition for the purposes of this Act.\n\n(5) The specified orders are—\n\nPart 7.13—Sentences of detention\n\n","sortOrder":326},{"sectionNumber":"Div 1","sectionType":"division","heading":"Presumption against imposing sentence of detention on certain children","content":"Division 1—Presumption against imposing sentence of detention on certain children\n\n\t324 Court not to impose a sentence of detention on child who is under 14 years of age at time of offence except in certain circumstances\n\nThe Children's Court must not impose a sentence of detention on a child who it finds guilty of an offence if, at the time the offence was committed, the child was under 14 years of age unless—\n\n(a) the offence is—\n\n(i) a Category A serious youth offence; or\n\n(ii) a Category B serious youth offence; or\n\n(iii) any other offence against a person that the Court considers to be serious and violent; and\n\n(b) the Court is reasonably satisfied that the child presents a serious risk to community safety.\n\nDivision 2—Youth justice custodial orders\n\n","sortOrder":327},{"sectionNumber":"325","sectionType":"section","heading":"Making a youth justice custodial order","content":"\t325 Making a youth justice custodial order\n\n(1) Subject to section 324 and subsection (2), if the Children's Court finds a child guilty of one or more offences, whether indictable or summary, the Court may order that the child be detained in a youth justice custodial centre.\n\n(2) The Children's Court must not make a youth justice custodial order unless—\n\n(a) on the day of sentencing, the child is under 21 years of age; and\n\n(b) the child is present before the Court; and\n\n(c) the Court is satisfied that the circumstances and nature of the offence are sufficiently serious to warrant the making of a youth justice custodial order and that no other sentence is appropriate; and\n\n(d) the offence is one punishable by imprisonment (other than for default in payment of a fine); and\n\n(e) the Court has taken into account the following—\n\n(i) any pre-sentence report ordered in accordance with Division 3 of Part 9.2;\n\n(ii) any previous pre-sentence report and a supplementary pre-sentence report, if applicable;\n\n(iii) any pre-sentence group conference report;\n\n(iv) any previous contravention report.\n\n(3) If the Children's Court makes a youth justice custodial order it must—\n\n(a) record a conviction for the offence or offences in respect of which the order is made; and\n\n(b) state in writing the reasons for the order; and\n\n(c) cause the statement of reasons to be entered in the court register; and\n\n(d) unless the Court otherwise orders, cause a copy of the written statement of reasons to be given or sent by post, or by electronic communication if so requested, within 21 days after the making of the order to—\n\n(ii) the child's parents; and\n\n(iii) any other parties to the proceeding; and\n\n(e) if the child is an Aboriginal child, the Court must provide reasons outlining how it has had regard to the sentencing principles in section 210.\n\n(4) The failure of the Children's Court to comply with subsection (3) does not invalidate the youth justice custodial order.\n\n","sortOrder":328},{"sectionNumber":"326","sectionType":"section","heading":"Objects of a youth justice custodial order","content":"\t326 Objects of a youth justice custodial order\n\nThe objects of a youth justice custodial order are—\n\n(a) to provide a clear consequence for the significant offending behaviour of the child in respect of whom the order is made; and\n\n(b) to protect the community from further significant offending by the child; and\n\n(c) to respond to the child's individual risks and needs and any underlying causes of the child's offending behaviour; and\n\n(d) to support the child to positively develop and to transition back to the community to assume a positive role in society.\n\n","sortOrder":329},{"sectionNumber":"327","sectionType":"section","heading":"Maximum period of a youth justice custodial order","content":"\t327 Maximum period of a youth justice custodial order\n\n(1) Subject to this section, sections 34 and 35 of the **Sentencing Act 1991** apply to an order made by the Children's Court detaining a child in a youth justice custodial centre as if a reference to the Magistrates' Court included a reference to the Children's Court.\n\n(2) The period of detention under a youth justice custodial order made in respect of a child—\n\n(a) in the case of a child who is under 15 years of age on the day of sentencing—must not exceed the maximum term of imprisonment for the offence if committed by an adult and in any event must not exceed one year; and\n\n(b) in the case of a child who is 15 years of age or over but under 21 years of age on the day of sentencing—must not exceed the maximum term of imprisonment for the offence if committed by an adult and in any event must not exceed 3 years.\n\n(3) If a child is found guilty on the same day, or in the same proceeding, of more than one offence—\n\n(a) subject to subsection (4), any period of detention in a youth justice custodial centre is to be concurrent with any period of detention in respect of any of the other offences, unless the Children's Court, at the time of sentencing, states that the sentences are cumulative, or part cumulative, and gives reasons for its decision; and\n\n(b) the total period of detention in a youth justice custodial centre in respect of all of the offences must not exceed—\n\n(i) in the case of a child who is under 15 years of age on the day of sentencing—2 years; and\n\n(ii) in the case of a child who is 15 years of age or over but under 21 years of age on the day of sentencing—4 years; and\n\n(c) if the Children's Court makes a youth justice custodial order and the child has not completed another sentence of detention in a youth justice custodial centre, the Court may direct that the youth justice custodial order being imposed be served—\n\n(i) concurrently with the other sentence; or\n\n(ii) wholly or partly cumulatively on the other sentence.\n\n(4) If one or more of the offences referred to in subsection (3) is—\n\n(a) an offence involving an assault on a youth justice custodial worker on duty; or\n\n(b) an offence against section 533; or\n\n(c) an offence involving property damage to a youth justice custodial centre—\n\nany period of detention imposed on the child for that offence or those offences must be served wholly or partly cumulatively with any period of detention in respect of any of the other offences, unless the Children's Court, at the time of sentencing, states that the sentences are concurrent and gives reasons for its decision.\n\n(5) Subject to subsection (6), every period of detention in a youth justice custodial centre under a youth justice custodial order must, unless otherwise directed by the Children's Court at the time of pronouncing the sentence, be, as from the date of its commencement, served concurrently with any uncompleted sentence or sentences of detention in a youth justice custodial centre imposed on the child, whether before or at the time the youth justice custodial order is made.\n\n(6) If—\n\n(a) one or more of the offences for which the youth justice custodial order referred to in subsection (5) is made is—\n\n(i) an offence involving an assault on a youth justice custodial worker on duty; or\n\n(ii) an offence against section 533; or\n\n(iii) an offence involving property damage to a youth justice custodial centre; and\n\n(b) the child in respect of whom the order is made is 15 years of age or over on the day of sentencing—\n\nany period of detention imposed on the child for that offence or those offences must be served cumulatively with any uncompleted sentence or sentences of detention in a youth justice custodial centre, unless the Children's Court, at the time of sentencing, states that the sentences are concurrent and gives reasons for its decision.\n\n(7) The Children's Court may make recommendations in writing as to the management or treatment of, or any other matter concerning, a child in respect of whom a youth justice custodial order is made.\n\n","sortOrder":330},{"sectionNumber":"328","sectionType":"section","heading":"Total sentence of detention","content":"\t328 Total sentence of detention\n\n(1) If the Children's Court convicts a child of 2 or more offences, the Court may impose a total sentence of detention in respect of those offences instead of a separate sentence of detention in respect of all or any 2 or more of them.\n\n(2) The term of the total sentence of detention must not exceed the total effective period of detention that could have been imposed in respect of the offences in accordance with this Act if the Children's Court had imposed a separate sentence of detention in respect of each of them.\n\n(3) If the Children's Court imposes a total sentence of detention in respect of 2 or more offences, the Court—\n\n(a) is not required to identify separate events giving rise to specific charges; and\n\n(b) is not required to announce—\n\n(i) the sentences that would have been imposed for each offence, had separate sentences been imposed; or\n\n(ii) whether those sentences would have been imposed concurrently or cumulatively.\n\n(4) A total sentence of detention may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge.\n\n(5) Nothing in this section affects the requirements of—\n\n(a) section 237 (sentence discount for guilty plea); or\n\n(b) section 325 (making a youth justice custodial order).\n\nPart 7.14—Orders in addition to sentence\n\n","sortOrder":331},{"sectionNumber":"329","sectionType":"section","heading":"Orders in addition to sentence","content":"\t329 Orders in addition to sentence\n\n(1) The provisions of Part 4 of the **Sentencing Act 1991** apply to a proceeding in the Criminal Division with any necessary modifications including—\n\n(a) in sections 85H(1), 86(2) and 87J(1), for \"may\" substitute \"must\"; and\n\n(b) in section 85C(1)(b)(iii)(B) the reference to the Magistrates' Court includes a reference to the Children's Court.\n\n(2) The maximum amount that the Children's Court may order a child to pay under Part 4 of the **Sentencing Act 1991** is $1000.\n\n","sortOrder":332},{"sectionNumber":"330","sectionType":"section","heading":"Enforcement of orders in addition to sentence","content":"\t330 Enforcement of orders in addition to sentence\n\n(1) A person in whose favour an order is made in accordance with section 329 may enforce the order, during the period of 5 years following the making of the order, by filing in a court of competent jurisdiction—\n\n(a) a copy of the order certified by the principal registrar of the Children's Court to be a true copy; and\n\n(b) that person's affidavit as to the amount not paid under the order.\n\n(2) Despite any requirement by or under any other Act, no charge is to be made for filing a copy of an order or an affidavit under this section.\n\nChapter 8—Appeals\n\nPart 8.1—Appeal by offender to County Court or Trial Division of Supreme Court\n\n\t331 Right of appeal\n\n(1) A child convicted of an offence by the Children's Court in a summary proceeding in the Criminal Division may appeal against—\n\n(a) the conviction and sentence imposed by the Children's Court; or\n\n(b) sentence alone.\n\nSee the definitions of ***conviction*** and ***sentence*** in section 3.\n\n(2) An appeal under subsection (1) is—\n\n(c) if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal.\n\n","sortOrder":333},{"sectionNumber":"332","sectionType":"section","heading":"How appeal is commenced","content":"\t332 How appeal is commenced\n\n(1) An appeal under section 331 is commenced by filing a notice of appeal with a registrar of the Children's Court at any venue of the Children's Court within 28 days after the day on which the sentence of the Children's Court is imposed.\n\n(2) A copy of the notice of appeal must be served on the respondent in accordance with section 392 of the **Criminal Procedure Act 2009** within 7 days after the day on which the notice is filed.\n\n(3) A notice of appeal must—\n\n(a) state whether the appeal is against conviction and sentence, or sentence alone; and\n\n(b) be in the form required by the rules of the appellate court.\n\n(4) A notice of appeal must include an undertaking signed by the appellant in the manner required by the rules of the appellate court—\n\n(a) to appear at the appellate court to proceed with the appeal at a place and on a day fixed or to be fixed by the registrar of the County Court or, in the case of the Supreme Court, the Prothonotary or the Registrar of Criminal Appeals, and to appear at the appellate court for the duration of the appeal; and\n\n(b) to give written notice of any change of address of the appellant from that appearing in the notice of appeal without delay to the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires).\n\n(5) A notice of appeal filed under this section must be transmitted to the appellate court.\n\n","sortOrder":334},{"sectionNumber":"333","sectionType":"section","heading":"Determination of appeal","content":"\t333 Determination of appeal\n\n(1) An appeal under section 331 must be conducted as a rehearing and the appellant is not bound by the plea entered in the Children's Court.\n\n","sortOrder":335},{"sectionNumber":"Div 7A","sectionType":"division","heading":"of Part 8.2 of the **Criminal Procedure Act 2009** provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.","content":"Division 7A of Part 8.2 of the **Criminal Procedure Act 2009** provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.\n\n(2) On the hearing of the appeal, the appellate court—\n\n(a) must set aside the sentence of the Children's Court; and\n\n(b) subject to this section, may impose any sentence which the appellate court considers appropriate and which the Children's Court imposed or could have imposed; and\n\n(c) may exercise any power which the Children's Court exercised or could have exercised.\n\n(3) On the hearing of the appeal (other than an appeal referred to in subsection (6)), the appellate court must warn the appellant, as early as possible during the hearing, that the appellant faces the possibility that a more severe sentence may be imposed than that imposed by the Children's Court.\n\n(4) The appellate court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Children's Court that was set aside on the appeal.\n\n(5) A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the appellate court.\n\n(6) If an appellant appeals against an order made under section 244 (dismissal with a formal warning) or section 245 (good behaviour order), the appellate court may—\n\n(a) dismiss the charge against the appellant, with or without a formal warning; or\n\n(b) make an order in the same terms as the order of the Children's Court—\n\nbut must not impose any other sentence.\n\n(7) Despite anything to the contrary in this Act or the **Children, Youth and Families Act 2005**, on appeal, the appellate court may make a probation order, youth supervision and support order or youth control order in respect of an appellant even though at the time of making that order the appellant is 19 years of age or over but under 21 years of age.\n\nPart 8.2—Appeals by DPP\n\n","sortOrder":336},{"sectionNumber":"334","sectionType":"section","heading":"DPP's right of appeal against sentence","content":"\t334 DPP's right of appeal against sentence\n\n(1) The DPP may appeal against a sentence imposed by the Children's Court in a summary proceeding in the Criminal Division if satisfied that an appeal should be brought in the public interest.\n\n(2) An appeal against sentence under subsection (1) is—\n\n(c) if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal.\n\n(3) The DPP must not bring a further appeal against a sentence imposed by the appellate court.\n\n","sortOrder":337},{"sectionNumber":"335","sectionType":"section","heading":"How appeal against sentence is commenced","content":"\t335 How appeal against sentence is commenced\n\n(1) An appeal against sentence under section 334 is commenced by filing a notice of appeal with a registrar of the Children's Court at any venue of the Children's Court within 28 days after the day on which the sentence of the Children's Court is imposed.\n\n(2) A copy of the notice of appeal must be served on the respondent in accordance with section 593(1) of the **Children, Youth and Families Act 2005** within 7 days after the day on which the notice is filed.\n\n(3) A notice of appeal must—\n\n(a) state the general grounds of appeal; and\n\n(b) be in the form required by the rules of the appellate court.\n\n(4) The DPP must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the criminal proceeding to which the appeal relates, if that legal practitioner can reasonably be identified.\n\n(5) A notice of appeal filed under this section must be transmitted to the appellate court.\n\n","sortOrder":338},{"sectionNumber":"336","sectionType":"section","heading":"Determination of DPP appeal","content":"\t336 Determination of DPP appeal\n\n(1) An appeal against sentence under section 334 must be conducted as a rehearing and the respondent is not bound by the plea entered in the Children's Court.\n\nDivision 7A of Part 8.2 of the **Criminal Procedure Act 2009** provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.\n\n(2) On the hearing of an appeal against sentence under section 334, the appellate court—\n\n(a) must set aside the sentence of the Children's Court; and\n\n(b) subject to this section, may impose any sentence which the appellate court considers appropriate and which the Children's Court imposed or could have imposed; and\n\n(c) may exercise any power which the Children's Court exercised or could have exercised.\n\n(3) The appellate court may backdate a sentence imposed under subsection (2) to a date not earlier than the date of the sentence of the Children's Court that was set aside on the appeal.\n\n(4) A sentence imposed under subsection (2) is for all purposes to be regarded as a sentence of the appellate court.\n\n(5) Despite anything to the contrary in this Act or the **Children, Youth and Families Act 2005**, on an appeal against sentence under section 334, the appellate court may make a probation order, a youth supervision and support order or a youth control order in respect of a respondent even though, at the time of making that order, the respondent is 19 years of age or over but under 21 years of age.\n\n","sortOrder":339},{"sectionNumber":"337","sectionType":"section","heading":"DPP's right of appeal—failure to fulfil undertaking","content":"\t337 DPP's right of appeal—failure to fulfil undertaking\n\n(1) Without limiting any right of appeal against sentence under section 334, the DPP may appeal against a sentence imposed on a child in respect of an indictable offence that was heard and determined summarily by the Children's Court if—\n\n(a) the sentence was less severe because of an undertaking given by the child to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, whether or not a proceeding for that offence had commenced at the time of sentencing; and\n\n(b) the DPP considers that the child has failed, wholly or partly, to fulfil the undertaking.\n\n(2) The appeal under subsection (1) is—\n\n(c) if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal.\n\n(3) The DPP may appeal under this section at any time, whether or not the sentence has been served.\n\n","sortOrder":340},{"sectionNumber":"338","sectionType":"section","heading":"How appeal under section 337 is commenced","content":"\t338 How appeal under section 337 is commenced\n\n(1) An appeal under section 337 is commenced by filing a notice of appeal with a registrar of the Children's Court at any venue of the Children's Court.\n\n(2) The notice of appeal must be signed by the DPP personally.\n\n(3) A copy of the notice of appeal must be served personally on the respondent within 14 days after the day on which the notice is filed.\n\n(4) A notice of appeal must be in the form required by the rules of the appellate court.\n\n(5) The DPP must provide a copy of the notice of appeal to the legal practitioner who last represented the respondent in the criminal proceeding to which the appeal relates, if that legal practitioner can reasonably be identified.\n\n(6) A notice of appeal filed under this section must be transmitted to the appellate court.\n\n","sortOrder":341},{"sectionNumber":"339","sectionType":"section","heading":"Determination of DPP's appeal—failure to fulfil undertaking","content":"\t339 Determination of DPP's appeal—failure to fulfil undertaking\n\n(1) An appeal under section 337 must not be conducted as a rehearing.\n\n(2) On an appeal under section 337, if the appellate court considers that the respondent has failed, wholly or partly, to fulfil the undertaking referred to in section 337(1)(a), the appellate court may—\n\n(a) set aside the sentence imposed by the Children's Court; and\n\n(b) impose the sentence that it considers appropriate, having regard to the failure of the respondent to fulfil the undertaking.\n\n","sortOrder":342},{"sectionNumber":"340","sectionType":"section","heading":"Element of double jeopardy not to be taken into account","content":"\t340 Element of double jeopardy not to be taken into account\n\nIn imposing a sentence under section 336 or 339, the appellate court must not take into account the element of double jeopardy involved in the respondent being sentenced again in order to impose a less severe sentence than the court would otherwise consider appropriate.\n\nPart 8.3—Procedure on appeals from Children's Court\n\n","sortOrder":343},{"sectionNumber":"341","sectionType":"section","heading":"Late notice of appeal taken to be application for leave to appeal","content":"\t341 Late notice of appeal taken to be application for leave to appeal\n\n(1) A notice of appeal filed after the end of the period referred to in section 332 or 335 is taken to be an application for leave to appeal on the grounds stated in the notice.\n\n(2) The appellate court may grant leave to appeal under subsection (1) and the appellant may proceed with the appeal if—\n\n(a) the court considers that the failure to file a notice of appeal within the period referred to in section 332 or 335 was due to exceptional circumstances; and\n\n(b) the court is satisfied that the respondent's case would not be materially prejudiced because of the delay.\n\n(3) If the appellate court does not grant leave to appeal under subsection (2), the appellate court must strike out the appeal.\n\n(4) If—\n\n(a) the appellate court strikes out an appeal under subsection (3); and\n\n(b) the appellant had been sentenced to a period of detention in a youth justice custodial centre by the Children's Court—\n\nthe registrar of the County Court or, in the case of the Supreme Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires), in accordance with the **Magistrates' Court Act 1989**—\n\n(c) may issue a warrant to detain the appellant in a youth justice custodial centre; and\n\n(d) may recall and cancel that warrant.\n\n(5) If an appeal is struck out under subsection (3)—\n\n(a) the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been commenced but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and\n\n(b) the registrar of the County Court or, in the case of the Supreme Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal; and\n\n(c) the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.\n\n","sortOrder":344},{"sectionNumber":"342","sectionType":"section","heading":"Stay of order","content":"\t342 Stay of order\n\n(1) If an appellant appeals against sentence and is not in custody because of that sentence, the appeal operates as a stay of the sentence (but not a conviction in respect of the sentence) when the appellant—\n\n(a) files the notice of appeal; and\n\n(b) signs the undertaking referred to in section 332(4).\n\n(2) If an appellant appeals against sentence and is in custody because of that sentence, the appeal operates as a stay of the sentence (but not a conviction in respect of the sentence) when—\n\n(a) the appellant files the notice of appeal and signs the undertaking referred to in section 332(4); and\n\n(b) the appellant enters bail, if bail is granted under section 343.\n\n(3) This section is subject to section 29 of the **Road Safety Act 1986**.\n\n","sortOrder":345},{"sectionNumber":"343","sectionType":"section","heading":"Bail pending appeal","content":"\t343 Bail pending appeal\n\n(1) If an appellant is in custody because of the sentence appealed against and wishes to be released pending the appeal, the appellant—\n\n(a) may apply to the Children's Court to be released on bail; and\n\n(b) if the appellant makes an application under paragraph (a), must give reasonable notice of the application to the respondent to the appeal.\n\n(2) If an application is made under subsection (1), Part 5.2 applies as if the appellant were a child taken into custody.\n\n","sortOrder":346},{"sectionNumber":"344","sectionType":"section","heading":"Abandonment of appeal","content":"\t344 Abandonment of appeal\n\n(1) Subject to subsections (3) and (4), an appeal to the County Court or the Supreme Court may be abandoned by filing a notice of abandonment of appeal with—\n\n(b) in the case of the Supreme Court, with the Prothonotary or the Registrar of Criminal Appeals, as the case requires.\n\n(2) A notice of abandonment of appeal must be in the form required by the rules of the appellate court.\n\n(3) If an appellant appeals against both conviction and sentence but does not pursue the appeal against conviction, the appellant must give written notice that the appeal against conviction is abandoned—\n\n(a) to the appellate court; and\n\n(b) to the respondent.\n\n(4) An appellant who has been sentenced to a term of detention in a youth justice custodial centre but is not in custody may abandon the appeal by—\n\n(a) surrendering to the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires); and\n\n(b) immediately filing a notice of abandonment of appeal in accordance with subsections (1) and (2).\n\n(5) If an appellant surrenders to the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals in accordance with subsection (4), the registrar, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) may issue a warrant to detain the child in a youth justice custodial centre.\n\n(6) If an appellant abandons an appeal, the appellate court must strike out the appeal.\n\n(7) The appellate court may not set aside an order under subsection (6).\n\n(8) If an appeal is struck out under subsection (6)—\n\n(a) the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been made but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and\n\n(b) the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) must give a copy of the order striking out the appeal to the respondent or to the respondent's legal practitioner; and\n\n(c) the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.\n\n","sortOrder":347},{"sectionNumber":"345","sectionType":"section","heading":"Appellant's failure to appear","content":"\t345 Appellant's failure to appear\n\n(1) If an appellant (other than the DPP) fails to appear at the time listed for the hearing of the appeal, the appellate court may—\n\n(a) strike out the appeal; or\n\n(b) adjourn the proceeding on any terms that it considers appropriate.\n\n(a) the appellate court strikes out an appeal under subsection (1)(a); and\n\n(b) the appellant had been sentenced to a period of detention in a youth justice custodial centre by the Children's Court—\n\nthe registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires), in accordance with the **Magistrates' Court Act 1989**—\n\n(c) may issue a warrant to detain the person in a youth justice custodial centre; and\n\n(d) may recall and cancel that warrant.\n\n(3) If an appeal is struck out under subsection (1)(a)—\n\n(a) the sentence of the Children's Court is reinstated and may be enforced as if an appeal had not been commenced but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay; and\n\n(b) the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) must give a copy of the order striking out the appeal to the respondent or to the respondent's legal practitioner; and\n\n(c) the making of an order striking out an appeal discharges the undertaking of the appellant to proceed with the appeal.\n\n(4) At any time, the appellate court may set aside an order striking out an appeal because of the failure of the appellant to appear if the appellant satisfies the court that the failure to appear was not due to fault or neglect on the part of the appellant.\n\n(5) An application under subsection (4) to set aside an order may be made at any time on written notice to the respondent served a reasonable time before the making of the application.\n\n(6) Notice under subsection (5) must be served in the same way as a notice of appeal.\n\n(7) If the appellate court grants an application under subsection (4), the court—\n\n(a) must order the reinstatement of the appeal subject to the payment of any costs that the court considers appropriate; and\n\n(b) may require the appellant to give a further undertaking to proceed with the appeal.\n\n(8) An application under section 343 for bail pending the reinstated appeal may be made to the County Court or the Supreme Court (as the case requires).\n\n(9) On the reinstatement of an appeal under subsection (7), the appeal operates as a stay of the sentence, but not a conviction in respect of the sentence, when—\n\n(a) if required, the appellant signs the undertaking referred to in section 332(4); and\n\n(b) if the appellant is in custody because of the sentence appealed against and bail is granted under section 343, the appellant enters bail.\n\n(10) Subsection (9) is subject to section 29 of the **Road Safety Act 1986**.\n\n","sortOrder":348},{"sectionNumber":"346","sectionType":"section","heading":"Respondent's failure to appear on appeal by DPP","content":"\t346 Respondent's failure to appear on appeal by DPP\n\n(1) If a respondent to an appeal under section 334 or 337 by the DPP fails to appear at the time listed for the hearing of the appeal, the appellate court—\n\n(a) may adjourn the proceeding on any terms that it considers appropriate; or\n\n(b) if satisfied that notice of the appeal has been given in accordance with section 335 or 338 (as the case requires), may hear and determine the appeal in the absence of the respondent.\n\nIn the absence of the respondent, the appellate court cannot impose a sentence that requires the consent of the respondent, for example a youth supervision and support order.\n\n(2) If the appellate court adjourns the proceeding and is satisfied that notice of the appeal has been given in accordance with section 335 or 338 (as the case requires), a judge of the appellate court may issue a warrant to arrest the respondent and to bring the respondent before the appellate court.\n\n","sortOrder":349},{"sectionNumber":"347","sectionType":"section","heading":"One notice of appeal for 2 or more sentences","content":"\t347 One notice of appeal for 2 or more sentences\n\nIf 2 or more sentences are imposed in respect of charges that have been heard together, the appellant may give one notice of appeal for all or any of those sentences.\n\n","sortOrder":350},{"sectionNumber":"348","sectionType":"section","heading":"Appeal to County Court or Supreme Court authorised by other Acts","content":"\t348 Appeal to County Court or Supreme Court authorised by other Acts\n\nIf a child or other person is authorised by or under any other Act to appeal from an order of the Children's Court to the County Court or the Supreme Court, subject to that Act, the provisions of this Act with respect to appeals to those courts apply.\n\nSee the **Criminal Procedure Act 2009** in relation to appeals for uplifted charges that were dealt with by the County Court or the Supreme Court in their original jurisdiction.\n\nPart 8.4—Reports\n\n","sortOrder":351},{"sectionNumber":"349","sectionType":"section","heading":"Application of this Part","content":"\t349 Application of this Part\n\n(1) This Part applies to an appeal under Part 8.1 or 8.2.\n\n(2) This Part applies to the following reports in an appeal under Part 8.1 or 8.2—\n\n(a) a pre-sentence report;\n\n(b) a supplementary pre-sentence report;\n\n(c) a pre-sentence group conference report;\n\n(d) a youth justice planning meeting report.\n\n","sortOrder":352},{"sectionNumber":"350","sectionType":"section","heading":"Warning to be given to persons being interviewed","content":"\t350 Warning to be given to persons being interviewed\n\nAt the beginning of any interview being conducted by the author of a report to which this Part applies in the course of preparing the report, the author must inform the person being interviewed that any information that the interviewee gives may be included in the report.\n\n","sortOrder":353},{"sectionNumber":"351","sectionType":"section","heading":"Confidentiality of reports","content":"\t351 Confidentiality of reports\n\n(1) A person who prepares or receives or otherwise is given or has access to a report to which this Part applies, or any part of the report, must not disclose any information contained in that report or part report (as the case requires) to any person who is not entitled to receive or have access to that report or that part (as the case requires) without the consent of—\n\n(b) that child's parent if the child is under 15 years of age at the time of the appeal.\n\n1. 10 penalty units.\n\n(2) Subsection (1) is subject to any contrary direction by the appellate court.\n\n(3) Subsection (1) does not prevent the following from being given or having access to a report to which this Part applies, or any part of a report—\n\n(b) a legal practitioner representing the Secretary.\n\n(4) A reference in subsection (1) to a report includes a reference to a copy of a report.\n\n","sortOrder":354},{"sectionNumber":"352","sectionType":"section","heading":"Notification of requirement to submit report","content":"\t352 Notification of requirement to submit report\n\nIf the appellate court orders the Secretary or any other person to file a report to which this Part applies, the registrar of the County Court or, in the case of the Supreme Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires), within one working day after the making of the order, must—\n\n(a) orally notify the Secretary or other person of the making of the order; and\n\n(b) forward a copy of the order to the Secretary or other person, as the case requires.\n\n","sortOrder":355},{"sectionNumber":"353","sectionType":"section","heading":"Attendance at appellate court of author of report","content":"\t353 Attendance at appellate court of author of report\n\n(1) The author of a report to which this Part applies may be required to attend to give evidence at the hearing of the appeal to which the report is relevant by a notice given in accordance with subsection (2) by—\n\n(b) if the child is under 15 years of age, and the appeal is made on the child's behalf and in the name of the child or, in the absence of the parent, the DFFH Secretary—\n\n(i) a parent of that child; or\n\n(ii) if the case so requires, the DFFH Secretary; or\n\n(c) the Secretary; or\n\n(d) the appellate court.\n\n(2) The notice must be—\n\n(a) in writing; and\n\n(b) filed with the registrar of the County Court or the Prothonotary or the Registrar of Criminal Appeals (as the case requires) as soon as possible and, if practicable, not later than 2 working days before the hearing.\n\n(3) On the filing of a notice under subsection (1), the registrar of the County Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) must immediately notify the author of the report that the author's attendance is required on the return date.\n\n(4) A person who is the author of a report who has been required to attend the appellate court under subsection (1), is guilty of contempt of court if that person fails, without sufficient excuse, to attend as required.\n\n(5) The author of a report who has been required under subsection (1) by the child or, if the child is under 15 years of age, a parent of the child, the DFFH Secretary or the Secretary to attend at the hearing of an appeal, if required by the child or the parent or the relevant Secretary (as the case requires)—\n\n(a) must be called as a witness; and\n\n(b) may be cross-examined on the contents of the report.\n\n","sortOrder":356},{"sectionNumber":"354","sectionType":"section","heading":"Disputed reports","content":"\t354 Disputed reports\n\n(1) If any matter in a report to which this Part applies is disputed by the child who is the subject of the report, the appellate court must not take the disputed matter into consideration when determining the appeal unless satisfied that the matter is true beyond reasonable doubt.\n\n(a) a report to which this Part applies, or any part of the report, is disputed by the child who is the subject of the report; and\n\n(b) the author of the report does not attend the hearing of the appeal despite having been required to attend under section 353(1)—\n\nthe appellate court must not take the report or the part in dispute into consideration when determining the appeal unless the child consents to the report or the part in dispute being admitted into evidence.\n\nDivision 2—Pre-sentence reports\n\n","sortOrder":357},{"sectionNumber":"355","sectionType":"section","heading":"Court may order pre-sentence report","content":"\t355 Court may order pre-sentence report\n\nSubject to sections 356 and 357, if the appellate court finds a child guilty of an offence, before passing sentence, it may—\n\n(a) order the Secretary to prepare and file a pre‑sentence report in respect of the child; and\n\n","sortOrder":358},{"sectionNumber":"356","sectionType":"section","heading":"Pre-sentence report must be ordered if appellate court is considering certain orders","content":"\t356 Pre-sentence report must be ordered if appellate court is considering certain orders\n\n(1) If the appellate court finds a child guilty of an offence, before passing sentence, it must order the Secretary to prepare a pre-sentence report if the appellate court is considering making—\n\n(a) a youth justice custodial order; or\n\n(b) a youth control order; or\n\n(2) Despite subsection (1), the appellate court may determine not to order the Secretary to prepare a pre-sentence report if—\n\n(i) the appellate court considers that a new pre-sentence report is unnecessary; and\n\n(ii) the child consents to the use of that earlier pre-sentence report  in determining the sentence to be imposed for the offence; or\n\n(b) the appellate court is satisfied that it would not be in the interests of justice to order a pre-sentence report.\n\n(3) If the appellate court determines not to order a pre-sentence report under subsection (2)(a), the appellate court may take into account the previous pre-sentence report in determining what sentence to impose on the child for the offence.\n\n","sortOrder":359},{"sectionNumber":"357","sectionType":"section","heading":"Pre-sentence report must be ordered if child has or appears to have a relevant impairment","content":"\t357 Pre-sentence report must be ordered if child has or appears to have a relevant impairment\n\n(1) If the appellate court finds a child guilty of an offence, before passing sentence, it must order the Secretary to prepare a pre-sentence report if—\n\n(a) the child has a relevant impairment; or\n\n(b) it appears to the appellate court that the child has a relevant impairment.\n\n(2) Despite subsection (1), the appellate court may determine not to order the Secretary to prepare a pre-sentence report if—\n\n(i) the appellate court considers that a new pre-sentence report is unnecessary; and\n\n(ii) the child consents to the use of that earlier pre-sentence report in determining the sentence to be imposed for the offence; or\n\n(b) the child has a relevant impairment and the appellate court is satisfied that a pre-sentence report is unnecessary; or\n\n(c) the appellate court is satisfied that it would not be in the interests of justice to order a pre-sentence report having regard to the following—\n\n(i) the timeliness of sentencing;\n\n(ii) the likely length of any sentencing order;\n\n(iii) whether the child is being held in custody or on remand;\n\n(iv) other information or reports available to the appellate court that the court may take into account in determining what sentence to impose;\n\n(v) if assessment or diagnosis of the child is required, the time required to obtain that assessment or diagnosis.\n\n(3) If the appellate court determines not to order a pre-sentence report under subsection (2)(a), the appellate court may take into account the previous pre-sentence report in determining what sentence to impose on the child for the offence.\n\n","sortOrder":360},{"sectionNumber":"358","sectionType":"section","heading":"Supplementary pre-sentence report","content":"\t358 Supplementary pre-sentence report\n\n(1) If the appellate court determines not to order a pre-sentence report under section 356(2)(a), the Court must order the Secretary to prepare a report for the court about the following matters—\n\n(b) any other matter referred to in section 359 that is specified by the court.\n\n(2) If the appellate court determines not to order a pre-sentence report under section 357(2)(a), the appellate court must order the Secretary to prepare a report for the court about the following matters—\n\n(b) any other matter referred to in section 359 or 360 that is specified by the court.\n\n","sortOrder":361},{"sectionNumber":"359","sectionType":"section","heading":"Content of pre-sentence report","content":"\t359 Content of pre-sentence report\n\n(1) Subject to section 360, a pre-sentence report may set out all or any of the following matters but no others—\n\n(a) the circumstances of the offence of which the child has been found guilty or any relevant offences of which the child has previously been found guilty, based on the agreed summary of facts;\n\n(b) an analysis of the child's reasons for offending, the child's attitude towards the child's offending including—\n\n(i) acknowledgement of responsibility or recognition of the impact of the child's offending on any victim of the offence of which the child has been found guilty; and\n\n(ii) any steps taken by the child to address harm caused to any victim of the offence of which the child has been found guilty*;*\n\n(c) an analysis of the underlying causes of the child's offending;\n\n(d) the extent to which the child has complied with any previous or current sentence;\n\n(e) information about the child's participation in and completion of criminogenic intervention programs;\n\n(f) information about the child's participation in activities that will support the child's positive development, including community, recreation, sporting, music and artistic activities;\n\n(g) information about sentencing options that may be suitable for the child, including (if relevant)—\n\n(i) a recommendation as to any conditions that would be appropriate to address the underlying causes of the child's offending; and\n\n(ii) a plan for implementation of any supervised community-based order, including any courses, programs, treatment, therapy or other assistance that could be provided to the child;\n\n(h) the child's education, training and employment history and circumstances including the child's learning capacity;\n\n(i) whether the child has a relevant impairment and the support needs associated with the child's relevant impairment;\n\n(j) information about the child's—\n\n(ii) gender or gender identity; and\n\n(iii) sexual orientation; and\n\n(iv) Aboriginal identity; and\n\n(v) cultural, racial or other identity and sense of belonging; and\n\n(k) the child's mental health and any other health needs;\n\n(l) particularly in the case of an Aboriginal child, the child's family, social and cultural background and circumstances;\n\n(m) the child's history (if any) of abuse, trauma, neglect, loss or family violence;\n\n(n) any relevant child protection matters involving the child or other involvement of child protection services in relation to the child including—\n\n(i) any relevant protective intervention that has been taken in relation to the child under the **Children, Youth and Families Act 2005**; and\n\n(ii) any relevant current or previous child protection orders; and\n\n(iii) any relevant current child safety and wellbeing plans relating to the child under the **Children, Youth and Families Act 2005**; and\n\n(iv) any other relevant history of the child's involvement with child protection services, and any proposed future involvement (if known);\n\n(o) the child's living arrangements;\n\n(p) the child's capacity to understand and comply with a sentencing order;\n\n(q) any relationship between any of the characteristics and matters referred to in paragraphs (i) to (p);\n\n(r) any other matter specified by the appellate court.\n\n(2) A pre-sentence report may include information derived from an assessment of the child's risk of re-offending, if the information may otherwise be included in the pre-sentence report under subsection (1) or section 360, but must not include any score, assessment or rating of the child's risk of re-offending.\n\n(3) Any statement made in a pre-sentence report must be relevant only to the offence of which the child has been found guilty in the proceeding before the Children's Court which is the subject of the appeal.\n\n(4) If the pre-sentence report includes a recommendation for conditions under subsection (1)(g), it must state—\n\n(a) whether, and if so where, the recommended service or program is available; and\n\n(b) the proposed date of commencement of the child's participation in the recommended service or program; and\n\n(c) the child's suitability for the recommended service or program; and\n\n(d) the child's attitude towards the recommended service or program.\n\n***child protection order*** means—\n\n(a) an order made under Part 4.8 of the **Children, Youth and Families Act 2005**; or\n\n(b) a protection order; or\n\n(c) a permanent care order.\n\n","sortOrder":362},{"sectionNumber":"360","sectionType":"section","heading":"Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment","content":"\t360 Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment\n\nA pre-sentence report may include the following additional matters if the report has been ordered under section 357—\n\n(a) if the child has an intellectual disability, a copy of any statement issued by the DFFH Secretary evidencing that the child has an intellectual disability;\n\n(b) an analysis of how the child's relevant impairment has impacted on the child's functional capacity and any relationship between that impact and the child's offending;\n\n(c) an outline of any supports required by the child to address any behaviours of concern that are related to the relevant impairment and that impact on the child's offending;\n\n(d) any history of the child's involvement with disability services, including whether the child is an NDIS participant or requires referral to the NDIS;\n\n(e) an outline of available services, including disability services, that—\n\n(i) are suited to the needs of the child; and\n\n(ii) address the impact of the relevant impairment on the child's functional capacity; and\n\n(iii) reduce the likelihood of the child re‑offending;\n\n(f) a plan for implementation of services referred to in paragraph (e) and any other disability  assistance that could be provided to the child.\n\n","sortOrder":363},{"sectionNumber":"361","sectionType":"section","heading":"Time for filing pre-sentence report","content":"\t361 Time for filing pre-sentence report\n\n(1) Subject to subsection (2), a pre-sentence report must be filed with the appellate court—\n\n(a) if the child is being held in custody, within 7 days after the making of the order; or\n\n(b) otherwise, within 21 days after the making of the order.\n\n(2) If the pre-sentence report was ordered under section 357  to enable diagnosis or assessment of the child's relevant impairment or apparent relevant impairment*,* the pre-sentence report must be filed with the appellate court—\n\n(a) if the child is being held in custody, within 21 days after the making of the order; or\n\n(b) otherwise, within 28 days after the making of the order.\n\n(3) The appellate court may extend a time period specified in subsection (1) or (2).\n\n","sortOrder":364},{"sectionNumber":"362","sectionType":"section","heading":"Access to pre-sentence reports","content":"\t362 Access to pre-sentence reports\n\n(1) At least 3 working days before the return date referred to in section 363, the Secretary must give a copy of a pre-sentence report to—\n\n(e) any other person whom the appellate court has ordered is to receive a copy of the report.\n\n(2) The Secretary is not required to give a copy of the report in accordance with subsection (1)(a) or (e) if—\n\n(a) the author is of the opinion that information contained in the report may be prejudicial to the physical or mental health of the child; or\n\n(b) the child notifies the author of the report that the child objects to the report being given to a person referred to in subsection (1)(e).\n\n(3) If because of subsection (2) the Secretary is not required to give a copy of the report to a person in accordance with subsection (1), the author may give to that person a copy of part of the report.\n\n(4) If because of subsection (2) the Secretary does not give a copy of the report in accordance with subsection (1)(a) or (e)—\n\n(a) the author must inform the registrar at the proper venue of the Children's Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires) of that fact; and\n\n(b) the appellate court, by order, may direct the registrar at the proper venue of the Children's Court, the Prothonotary or the Registrar of Criminal Appeals to give a copy of the report or of a specified part of the report, together with a copy of the order, to a person named or described in the order as soon as possible and before the hearing.\n\n(5) A person who receives a copy of a pre-sentence report or of part of a pre-sentence report under this section (part or all of which was not sent to the child who is the subject of the report because of subsection (2)) must not disclose to the child who is the subject of the report any information contained in the report or the part of it (as the case requires) that was not given to that child, unless otherwise directed by the appellate court.\n\n1. 10 penalty units.\n\n","sortOrder":365},{"sectionNumber":"363","sectionType":"section","heading":"Pre-sentence report to be filed with court","content":"\t363 Pre-sentence report to be filed with court\n\nA pre-sentence report ordered under section 355, 356 or 357 must be filed at least 3 working days before the return date—\n\n(a) with the registrar of the County Court; or\n\n(b) in the case of the Supreme Court, with the Prothonotary or the Registrar of Criminal Appeals (as the case requires).\n\nDivision 3—Pre-sentence group conference reports\n\n","sortOrder":366},{"sectionNumber":"364","sectionType":"section","heading":"Pre-sentence group conference report","content":"\t364 Pre-sentence group conference report\n\n(1) If the appellate court finds a child guilty of an offence and defers sentencing the child for the purposes of a pre-sentence group conference, it must order a pre-sentence group conference report.\n\n(2) A pre-sentence group conference report must be prepared by the convenor of the pre-sentence group conference.\n\n","sortOrder":367},{"sectionNumber":"365","sectionType":"section","heading":"Content of pre-sentence group conference report","content":"\t365 Content of pre-sentence group conference report\n\nA pre-sentence group conference report must set out the following matters—\n\n(a) the child's participation in the pre-sentence group conference;\n\n(b) the results of the pre-sentence group conference including the outcome plan (if any) agreed to by the child;\n\n(c) any other matters that the appellate court specified to be addressed in the pre-sentence group conference.\n\n","sortOrder":368},{"sectionNumber":"366","sectionType":"section","heading":"Access to pre-sentence group conference report","content":"\t366 Access to pre-sentence group conference report\n\n(1) At least 3 working days before the return date referred to in section 367, the convenor of the pre‑sentence group conference must send a copy of the pre-sentence group conference report to—\n\n(e) if the child is under 15 years of age at the time of the appeal, the child's parent unless the appellate court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(f) any other person whom the appellate court has ordered is to receive a copy of the report.\n\n(2) At least 3 working days before the return date, the convenor of the pre-sentence group conference must also give a copy of the pre-sentence group conference report to the Secretary if—\n\n(a) the Secretary attended the pre-sentence group conference; or\n\n(b) the child is the subject of a supervised community-based order and the report is prepared while that order is in force.\n\n(3) If a child is sentenced to a supervised community‑based order in the proceeding for which a pre-sentence group conference report was prepared, the convenor of the pre-sentence group conference must give a copy of the report to the Secretary as soon as practicable after the sentence is imposed.\n\n","sortOrder":369},{"sectionNumber":"367","sectionType":"section","heading":"Pre-sentence group conference report to be filed with court","content":"\t367 Pre-sentence group conference report to be filed with court\n\nA pre-sentence group conference report must be filed at least 3 working days before the return date with—\n\n(b) in the case of the Supreme Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires).\n\nDivision 4—Youth justice planning meeting report\n\n","sortOrder":370},{"sectionNumber":"368","sectionType":"section","heading":"Youth justice planning meeting report ordered by appellate court","content":"\t368 Youth justice planning meeting report ordered by appellate court\n\n(1) If an appellate court finds a child guilty of an offence and adjourns the proceeding for the purpose of a youth justice planning meeting, it must order a youth justice planning meeting report be prepared by the convenor.\n\n(2) The report must be prepared by the convenor of the youth justice planning meeting.\n\n","sortOrder":371},{"sectionNumber":"369","sectionType":"section","heading":"Youth justice planning meeting report to be filed with court","content":"\t369 Youth justice planning meeting report to be filed with court\n\nA youth justice planning meeting report must be filed at least 3 working days before the return date with—\n\n(b) in the case of the Supreme Court, the Prothonotary or the Registrar of Criminal Appeals (as the case requires).\n\n","sortOrder":372},{"sectionNumber":"370","sectionType":"section","heading":"Access to youth justice planning meeting report","content":"\t370 Access to youth justice planning meeting report\n\n(1) The convenor of a youth justice planning meeting must give a copy of the youth justice planning meeting report to—\n\n(e) the Secretary; and\n\n(f) if the child is under 15 years of age, the child's parent unless the appellate court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(g) any other person whom the appellate court has ordered is to receive a copy of the report.\n\n(2) The copy of the report must be given at least 3 working days before the return date referred to in section 369, if any.\n\nPart 8.5—Appeal to Supreme Court on a question of law\n\n","sortOrder":373},{"sectionNumber":"371","sectionType":"section","heading":"Appeal to Supreme Court on a question of law","content":"\t371 Appeal to Supreme Court on a question of law\n\n(1) A party to a proceeding (other than a committal proceeding) in the Criminal Division of the Children's Court may appeal to the Supreme Court on a question of law from a final order of the Children's Court in that proceeding.\n\n(2) If the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, the appeal is to be made to the Court of Appeal.\n\n(3) If an informant who is a police officer wishes to appeal under subsection (1), the appeal may be commenced only by the DPP on behalf of the informant.\n\n(4) An appeal under subsection (1) is commenced by filing a notice of appeal in accordance with the rules of the Supreme Court within 28 days after the day on which the order complained of was made.\n\n(5) A copy of the notice of appeal must be served on the respondent in accordance with subsection (6) within 7 days after the day on which the notice of appeal was filed.\n\n(6) A copy of the notice of appeal must be served—\n\n(a) personally on a respondent who was the accused in accordance with section 391 of the **Criminal Procedure Act 2009**; or\n\n(b) on a respondent who was the informant in accordance with section 392 of the **Criminal Procedure Act 2009**.\n\n(7) An appeal under subsection (1) does not operate as a stay of any order made by the Children's Court unless the Supreme Court otherwise orders.\n\n","sortOrder":374},{"sectionNumber":"372","sectionType":"section","heading":"Appeal commenced out of time taken to be application for leave to appeal","content":"\t372 Appeal commenced out of time taken to be application for leave to appeal\n\n(1) An appeal on a question of law commenced after the end of the period referred to in section 371(4) is taken to be an application for leave to appeal under section 371(1).\n\n(2) The Supreme Court may grant leave under subsection (1) and the appellant may proceed with the appeal if the Supreme Court—\n\n(a) is of the opinion that the failure to commence the appeal within the period referred to in section 371(4) was due to exceptional circumstances; and\n\n(b) is satisfied that the case of any other party to the appeal would not be materially prejudiced because of the delay.\n\n","sortOrder":375},{"sectionNumber":"373","sectionType":"section","heading":"Orders of the Supreme Court","content":"\t373 Orders of the Supreme Court\n\n(1) After hearing and determining the appeal, the Supreme Court may make any order that it thinks appropriate, including an order remitting the case for rehearing to the Children's Court with or without any direction in law.\n\n(2) An order made by the Supreme Court on an appeal on a question of law under section 371(1), other than an order remitting the case for rehearing to the Children's Court, may be enforced as an order of the Supreme Court.\n\n(3) The Supreme Court may provide for a stay of the order or for admitting any person to bail as it considers appropriate.\n\n","sortOrder":376},{"sectionNumber":"374","sectionType":"section","heading":"Appeal on question of law precludes other appeals","content":"\t374 Appeal on question of law precludes other appeals\n\nIf a child or other person appeals under this Part to the Supreme Court on a question of law, that child or other person abandons finally and conclusively any right under this Act or any other Act to appeal to the County Court or the Supreme Court in relation to that proceeding.\n\nPart 8.6—Appeal to Court of Appeal\n\n","sortOrder":377},{"sectionNumber":"375","sectionType":"section","heading":"Right of appeal against sentence of detention imposed on appeal from Children's Court","content":"\t375 Right of appeal against sentence of detention imposed on appeal from Children's Court\n\n(1) A child sentenced to a term of detention in a youth justice custodial centre by an appellate court under section 333, 336 or 339 may appeal to the Court of Appeal against the sentence if—\n\n(a) in the proceeding that is the subject of the appeal, the Children's Court had not ordered that the child be detained; and\n\n(b) the Court of Appeal gives the child leave to appeal.\n\n(2) Subsection (1) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.\n\n","sortOrder":378},{"sectionNumber":"376","sectionType":"section","heading":"How application for leave to appeal is commenced","content":"\t376 How application for leave to appeal is commenced\n\n(1) An application for leave to appeal under section 375 is commenced by filing a notice of application for leave to appeal in accordance with the rules of court of the Supreme Court within—\n\n(a) 28 days after the day on which the child is sentenced by the appellate court; or\n\n(b) any extension of that period granted under section 313 of the **Criminal Procedure Act 2009**.\n\n(2) The Registrar of Criminal Appeals must provide to the respondent a copy of the notice of application for leave to appeal within 7 days after the day on which the notice of application is filed.\n\n","sortOrder":379},{"sectionNumber":"377","sectionType":"section","heading":"Determination of application for leave to appeal under section 376","content":"\t377 Determination of application for leave to appeal under section 376\n\n(1) The Court of Appeal may refuse an application for leave to appeal under section 376 in relation to any ground of appeal if—\n\n(a) there is no reasonable prospect that the Court of Appeal would impose a less severe sentence than the sentence imposed by the Children's Court; or\n\n(b) there is no reasonable prospect that the Court of Appeal would reduce the total effective sentence despite there being an error in the sentence imposed by the Children's Court.\n\nSubsection (3) empowers the Court of Appeal to correct a sentence if an application is refused in the circumstances referred to in subsection (1)(b).\n\n(2) An application may be refused under subsection (1) even if the Court of Appeal considers that there may be a reasonably arguable ground of appeal.\n\n(3) On refusing an application under subsection (1)(b), the Court of Appeal, if it considers it appropriate to do so, may—\n\n(a) amend the sentence imposed by the Children's Court by substituting a less severe sentence; and\n\n(b) make any other order that the Court of Appeal considers ought to be made.\n\n","sortOrder":380},{"sectionNumber":"378","sectionType":"section","heading":"Determination of appeal","content":"\t378 Determination of appeal\n\n(1) On an appeal under section 375, the Court of Appeal—\n\n(a) must allow the appeal if the appellant satisfies the Court that—\n\n(i) there is an error in the sentence imposed; and\n\n(ii) a different sentence should be imposed; or\n\n(b) in any other case, must dismiss the appeal.\n\n(2) If the Court of Appeal is considering imposing a more severe sentence than the sentence imposed by the appellate court, as early as possible during the hearing of the appeal, the Court of Appeal must warn the appellant that the appellant faces the possibility that a more severe sentence may be imposed than that imposed by the appellate court.\n\n","sortOrder":381},{"sectionNumber":"379","sectionType":"section","heading":"Orders and powers on successful appeal","content":"\t379 Orders and powers on successful appeal\n\n(1) If the Court of Appeal allows an appeal made under section 375, it must set aside the sentence imposed by the appellate court and either—\n\n(a) impose the sentence, whether more or less severe, that it considers appropriate; or\n\n(b) remit the matter to the appellate court.\n\n(2) If the Court of Appeal remits a matter to the appellate court under subsection (1)(b)—\n\n(a) it may give directions concerning the manner and scope of the further hearing by the appellate court, including a direction as to whether the hearing is to be conducted by the appellate court constituted by the same judge or a different judge; and\n\n(b) the appellate court, whether constituted by the same judge or a different judge, must hear and determine the matter in accordance with the directions, if any.\n\n(3) Despite anything to the contrary in this Act, on an appeal made under section 375, the Court of Appeal may make a probation order, a youth supervision and support order or a youth control order in respect of an appellant even though, at the time of making that order, the appellant is 19 years of age or over but under 21 years of age.\n\nSection 241 provides that the Supreme Court may exercise the sentencing powers of the Children's Court.\n\n\t380 Powers and procedure\n\nDivision 7 of Part 6.3 of Chapter 6 of the **Criminal Procedure Act 2009** applies as if a reference in that Division to that Part were a reference to this Part.\n\nPart 8.7—Case stated for Court of Appeal\n\n\t381 Reservation of question of law\n\n(1) On the hearing of an appeal to the County Court or the Trial Division of the Supreme Court from the Children's Court, if a question of law arises, the County Court or the Trial Division of the Supreme Court (as the case may be) may reserve the question for determination by the Court of Appeal if satisfied that it is in the interests of justice to do so, having regard to—\n\n(a) the extent of any disruption or delay to the hearing that may arise if the question of law is reserved; and\n\n(b) whether the determination of the question of law may—\n\n(i) render the hearing unnecessary; or\n\n(ii) substantially reduce the time required for the hearing; or\n\n(iii) resolve a novel question of law that is necessary for the proper conduct of the hearing.\n\n(2) Subsection (1) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder.\n\n","sortOrder":382},{"sectionNumber":"382","sectionType":"section","heading":"Adjournment if question of law reserved","content":"\t382 Adjournment if question of law reserved\n\nIf a court reserves a question of law under section 381, if reasonably practicable, the court must adjourn the hearing until the question of law has been determined.\n\n","sortOrder":383},{"sectionNumber":"383","sectionType":"section","heading":"Refusal to reserve question of law","content":"\t383 Refusal to reserve question of law\n\n(1) If the County Court or the Trial Division of the Supreme Court refuses an application under section 381 to reserve a question of law, the applicant may apply to the Court of Appeal for an order calling on—\n\n(a) the court that dismissed the application; and\n\n(b) the respondent—\n\nto show cause why the question of law should not be reserved for determination by the Court of Appeal.\n\n(2) On an application under subsection (1), the Court of Appeal may order that the question of law be reserved for its determination or refuse the application with or without costs.\n\n(3) If the Court of Appeal orders that the question of law be reserved, the court to which the order is directed must reserve the question for determination by the Court of Appeal.\n\n","sortOrder":384},{"sectionNumber":"384","sectionType":"section","heading":"Case to be stated if question of law reserved","content":"\t384 Case to be stated if question of law reserved\n\n(1) If a court reserves a question of law under section 381 or 383, it must state a case, setting out the question and the circumstances in which the question has arisen.\n\n(2) The court must sign the case stated and transmit it within a reasonable time to the Court of Appeal.\n\n(3) The Court of Appeal may return a case stated transmitted to it under subsection (2) for amendment and the court that stated the case must amend it as required.\n\n","sortOrder":385},{"sectionNumber":"385","sectionType":"section","heading":"General powers of Court of Appeal on case stated","content":"\t385 General powers of Court of Appeal on case stated\n\n(1) The Court of Appeal may hear and finally determine a question of law set out in a case stated.\n\n(2) In the case of a question of law reserved under section 381 or 383, the Court of Appeal may remit the question and the determination of the Court of Appeal back to the court which reserved the question of law.\n\n(3) The applicant is not required to attend the hearing under subsection (1).\n\n","sortOrder":386},{"sectionNumber":"386","sectionType":"section","heading":"Judgment to be entered on record","content":"\t386 Judgment to be entered on record\n\n(1) The Registrar of Criminal Appeals must transmit the judgment and order (if any) of the Court of Appeal to the court that reserved the question of law.\n\n(2) The court that reserved the question of law must enter the judgment and order (if any) on the court record.\n\n","sortOrder":387},{"sectionNumber":"387","sectionType":"section","heading":"DPP may refer point of law to Court of Appeal","content":"\t387 DPP may refer point of law to Court of Appeal\n\n(1) If a person is acquitted in respect of all or any charges on an appeal from the Children's Court to the County Court or the Trial Division of the Supreme Court, the DPP may refer to the Court of Appeal any point of law that has arisen in the proceeding.\n\n(2) For the avoidance of doubt, if a point of law arises in an appeal proceeding, and that appeal is from the Children's Court constituted by the Chief Magistrate who is a dual commission holder, subsection (1) does not apply.\n\n(3) The Court of Appeal is to consider a point of law referred to it under subsection (1) and give its opinion on it.\n\n(4) An acquitted person who appears in court in person or by a legal practitioner is entitled to reasonable costs as settled by the Costs Court.\n\n(5) A reference under this section does not affect the hearing in relation to which the reference is made or an acquittal in that hearing.\n\n\t388 Powers and procedure\n\nDivision 7 of Part 6.3 of the **Criminal Procedure Act 2009** applies as if a reference in that Division to that Part were a reference to this Part.\n\nPart 8.8—Status of sentence and orders during appeal period\n\n\t389 Sentence not stayed during appeal period\n\n(1) A sentence is not stayed during the appeal period unless—\n\n(a) this Act or any other Act or the court rules of the appellate court otherwise provides; or\n\n(b) an order is made under subsection (2).\n\n(2) If a notice of application for leave to appeal is filed under section 376, the Court of Appeal may stay a sentence if satisfied that it is in the interests of justice to do so.\n\nSee the definitions of ***appeal***  ***period*** and ***sentence*** in section 3.\n\n","sortOrder":388},{"sectionNumber":"390","sectionType":"section","heading":"Bail pending appeal","content":"\t390 Bail pending appeal\n\n(1) A child detained in a youth justice custodial centre who appeals, or applies for leave to appeal, to the Court of Appeal may apply to the Court of Appeal to be granted bail.\n\n(2) On an application under subsection (1), the Court of Appeal may grant the detained child bail pending the appeal.\n\nSee section 323 of the **Criminal Procedure Act 2009** for bail following appeal.\n\n","sortOrder":389},{"sectionNumber":"391","sectionType":"section","heading":"Stay of certain orders during appeal period","content":"\t391 Stay of certain orders during appeal period\n\n(1) This section applies to an order under section 84, 85B or 86 of the **Sentencing Act 1991** made by the Supreme Court or the County Court.\n\nSee section 83G(1) of the **Sentencing Act 1991** in relation to superannuation orders.\n\n(2) Unless the Supreme Court or the County Court otherwise directs, an order referred to in subsection (1) is stayed during the appeal period.\n\n(3) If an order is stayed under subsection (2) and the conviction is set aside on appeal, the order does not take effect unless the Court of Appeal otherwise orders.\n\n(4) The Court of Appeal may set aside or vary an order made by the Supreme Court or the County Court under subsection (2).\n\n(5) Rules of court may provide for securing the safe custody during the appeal period of any property the subject of an order referred to in subsection (1).\n\n","sortOrder":390},{"sectionNumber":"392","sectionType":"section","heading":"Execution of order for forfeiture or destruction of property","content":"\t392 Execution of order for forfeiture or destruction of property\n\n(1) If a court orders the forfeiture or destruction of any property in relation to an offence, the property must not be forfeited or destroyed during the appeal period unless earlier forfeiture or destruction is permitted by any other law.\n\n(2) This section does not apply to orders made under the **Confiscation Act 1997**.\n\n(3) Rules of court may provide for securing the safe custody during the appeal period of any property the subject of an order referred to in subsection (1).\n\nPart 8.9—Miscellaneous\n\n","sortOrder":391},{"sectionNumber":"393","sectionType":"section","heading":"Appeal by child under 15 years of age","content":"\t393 Appeal by child under 15 years of age\n\nIf an appellant is a child under 15 years of age, the appeal may be made on the child's behalf and in the name of the child by—\n\n(a) the child's parent; or\n\n(b) in the absence of the parent, the DFFH Secretary.\n\n","sortOrder":392},{"sectionNumber":"394","sectionType":"section","heading":"Parent may enter into bail","content":"\t394 Parent may enter into bail\n\n(1) If the appellant is granted bail with or without a bail guarantee pending an appeal under this Chapter but it appears to the court granting bail that the appellant does not have the capacity to understand an undertaking, the appellant's parent or any other person may enter into bail as principal.\n\n(2) The bail entered into under subsection (1) must be—\n\n(a) in an amount determined by the court granting bail; and\n\n(b) on condition that the person produce the appellant at the court to which the appeal is made at a place and on a day to be fixed by the registrar of the County Court or as directed by the court to which the appeal is made (as the case requires).\n\n(3) In subsection (1), a reference to an appellant's parent does not include the DFFH Secretary.\n\n","sortOrder":393},{"sectionNumber":"395","sectionType":"section","heading":"Appeals to be heard in open court","content":"\t395 Appeals to be heard in open court\n\n(1) Subject to subsection (2), any proceeding on an appeal under this Chapter is to be conducted in open court.\n\n(2) The court hearing the appeal may order that—\n\n(a) the whole or any part of a proceeding be heard in closed court; or\n\n(b) only persons or classes of persons specified by it may be present during the whole or any part of a proceeding.\n\n(3) A court may make an order under subsection (2)—\n\n(a) on the application of a party or any other person who has a direct interest in the proceeding; or\n\n(4) Any party to the proceeding and any other interested person has standing to support or oppose an application under subsection (3).\n\n(5) If an order has been made under this section, the court hearing the appeal must cause a copy of the order to be posted on a door of, or in another conspicuous place at, the place at which the court is sitting.\n\n(6) An order posted under this section must not contain any particulars likely to lead to the identification of a child who is a party to the proceeding.\n\n(7) A person must not contravene an order made and posted under this section.\n\n(a) in the case of a person 18 years of age or over, 25 penalty units or 6 months imprisonment; or\n\n(b) in the case of a child 15 years of age or over, but under 18 years of age, 25 penalty units or detention in a youth justice custodial centre for 6 months; or\n\n(c) in the case of a child under 15 years of age, 12 penalty units or detention in a youth justice custodial centre for 3 months.\n\n","sortOrder":394},{"sectionNumber":"396","sectionType":"section","heading":"Legal representation","content":"\t396 Legal representation\n\n(1) If at any stage in a proceeding before the court hearing an appeal under this Chapter, a child is not legally represented, the court hearing the appeal may adjourn the hearing of the proceeding to enable the child to obtain legal representation.\n\n(2) If a child is not legally represented in an appeal under this Chapter, the court hearing the appeal must adjourn the hearing of the proceeding to enable the child to obtain legal representation and must not resume the hearing unless—\n\n(a) the child is legally represented; or\n\n(b) the court is satisfied that the child has had a reasonable opportunity to obtain legal representation and has failed to do so.\n\n(3) A legal practitioner representing a child in any proceeding in the Court must act in accordance with any instructions given or wishes expressed by the child so far as it is practicable to do so having regard to the maturity of the child.\n\n(4) With the leave of the court hearing the appeal under this Chapter, more than one child in the same proceeding may be represented by the same legal practitioner.\n\n(5) The court hearing the appeal under this Chapter may only grant leave under subsection (4) if satisfied that no conflict of interest will arise.\n\n(6) If, after having granted leave under subsection (4), the court hearing the appeal under this Chapter is satisfied in the course of the proceeding that a conflict of interest has arisen, the court may withdraw the leave previously granted.\n\n(7) Any process served on a child requiring the child to attend the Court in an appeal under this Chapter must contain or be accompanied by a notice—\n\n(a) setting out the circumstances in which a child is required to be legally represented; and\n\n(b) stating the desirability of obtaining legal representation; and\n\n(c) explaining how legal representation may be obtained.\n\n","sortOrder":395},{"sectionNumber":"397","sectionType":"section","heading":"Interpreters","content":"\t397 Interpreters\n\nIf the court hearing an appeal under this Chapter is satisfied that a party to the appeal has a difficulty in communicating in the English language that is sufficient to prevent the party from understanding, or participating in, the appeal, the court must not hear and determine the appeal without an interpreter interpreting it.\n\n","sortOrder":396},{"sectionNumber":"398","sectionType":"section","heading":"Explanation of and reasons for orders","content":"\t398 Explanation of and reasons for orders\n\n(1) If the court hearing an appeal makes an order in relation to bail or makes a final order in relation to the appeal, the court must explain the meaning and effect of the order as plainly and simply as possible and in a way which it considers the parties to the appeal will understand.\n\n(2) An explanation under subsection (1) must be given through an interpreter to a party to the appeal who the court considers has a difficulty in communicating in the English language that is sufficient to prevent the party from understanding the explanation given by the court.\n\nPart 8.10—Costs on appeal\n\n","sortOrder":397},{"sectionNumber":"399","sectionType":"section","heading":"No costs on appeal or new hearing","content":"\t399 No costs on appeal or new hearing\n\n(1) No costs are to be allowed to a party, other than a child—\n\n(a) to an appeal under this Chapter; or\n\n(b) to a new hearing; or\n\n(c) to a proceeding preliminary or incidental to an appeal or a new hearing.\n\n(2) Nothing in subsection (1) prevents the awarding of costs in accordance with section 345(7)(a), 383(2) or 387(4) unless the party against whom costs are awarded is a child.\n\nChapter 9—Assistance and reports to the Children's Court\n\nPart 9.1—Assisting the Children's Court\n\n\t400 Children's Court may require Secretary to give assistance\n\nThe Children's Court may require the Secretary—\n\n(a) to give any assistance that the Court requires in any criminal proceeding in relation to a child; or\n\n(b) to perform any other prescribed duties under this Act or any other Act.\n\n\t401 Children's Court may require DFFH Secretary or principal officer of Aboriginal agency to attend or give information or assistance\n\n(1) If a child is the subject of a protection application or protection order, the Children's Court may order the DFFH Secretary—\n\n(a) to attend any criminal proceeding in relation to the child and give any information and assistance that the Court requires in that criminal proceeding; or\n\n(b) to provide a report directly to the Court and to other parties to the criminal proceeding, with any information that the Court requires; or\n\n(c) to provide any information that the Court requires to the Secretary for inclusion in a court report or provision to the Court by the Secretary.\n\n(2) Additionally, if the DFFH Secretary has authorised the principal officer of an Aboriginal agency under section 18 of the **Children, Youth and Families Act 2005** to perform specified functions and exercise specified powers in respect of a child who is the subject of a protection application or protection order, the Children's Court may order the principal officer—\n\n(a) to attend any criminal proceeding in relation to the child and give any information and assistance that the Court requires in that criminal proceeding; or\n\n(b) to provide a report directly to the Court and to other parties to the criminal proceeding, with any information that the Court requires; or\n\n(c) to provide any information that the Court requires to the Secretary for inclusion in a court report or provision to the Court by the Secretary.\n\n","sortOrder":398},{"sectionNumber":"402","sectionType":"section","heading":"Duty of Secretary to assist Children's Court","content":"\t402 Duty of Secretary to assist Children's Court\n\n(1) It is the duty of the Secretary, if required by the Children's Court under section 400, to give the Court any assistance that it requires in any criminal proceeding in relation to a child.\n\n(2) All registrars of the Children's Court and all police officers must supply the Secretary in the prescribed manner with any information concerning charges in a criminal proceeding before the Children's Court that is necessary for the purposes of this Act.\n\n(3) The Secretary must carry out any inquiries required under this section in a manner that causes as little prejudice as possible to the reputations of the child concerned and of the child's parents.\n\n","sortOrder":399},{"sectionNumber":"403","sectionType":"section","heading":"Secretary may apply to Children's Court to be heard","content":"\t403 Secretary may apply to Children's Court to be heard\n\n(1) The Secretary may apply to the Children's Court requesting to be heard in relation to any matter in a criminal proceeding or in any other application before the Court relating to a charge or a criminal proceeding in relation to a child, whether or not the Secretary is a party to the proceeding.\n\n(2) If the Children's Court orders that the Secretary may be heard, subject to that order, the Secretary may be heard in any appropriate manner, including by making oral or written submissions or giving oral or written advice.\n\n(3) If the Secretary provides any information to the Children's Court about a child who has not been found guilty of an offence, the information must not relate to whether the child is guilty of an offence for which the child has not yet pleaded guilty or been found guilty.\n\nPart 9.2—Reports to the Court\n\nDivision 1—General provisions for reports to the Children's Court\n\n\t404 Application of Division\n\nThis Division applies to the following reports—\n\n(a) specialist assessment reports;\n\n(b) pre-sentence reports;\n\n(c) supplementary pre-sentence reports;\n\n(d) pre-sentence group conference reports;\n\n(e) variation reports;\n\n(f) contravention reports;\n\n(g) youth justice planning meeting reports;\n\n(h) judicial monitoring reports;\n\n(i) progress reports.\n\n","sortOrder":400},{"sectionNumber":"405","sectionType":"section","heading":"Notification of requirement to file report","content":"\t405 Notification of requirement to file report\n\nIf the Children's Court orders the Secretary or any other person to file a report, the registrar at the venue of the Court at which the order is made must within one working day after the making of the order—\n\n(a) orally notify the Secretary or other person of the making of the order; and\n\n(b) forward a copy of the order to the Secretary or other person.\n\n","sortOrder":401},{"sectionNumber":"406","sectionType":"section","heading":"Report author must give warning to persons being interviewed","content":"\t406 Report author must give warning to persons being interviewed\n\nAt the beginning of any interview being conducted by the author in the course of preparing a report, the author must inform the person being interviewed that any information that the person gives may be included in the report.\n\n","sortOrder":402},{"sectionNumber":"407","sectionType":"section","heading":"Attendance at Court of author of report","content":"\t407 Attendance at Court of author of report\n\n(1) The author of a report may be required to attend to give evidence at the proceeding to which the report is relevant by a notice given in accordance with subsection (2) by—\n\n(b) the Secretary; or\n\n(c) the Children's Court.\n\n(2) A notice under subsection (1) must be—\n\n(a) in writing; and\n\n(b) filed in the Children's Court as soon as possible and, if practicable, not later than 2 working days before the hearing.\n\n(3) On the filing of a notice under subsection (1), the Children's Court must immediately notify the author of the report that the author's attendance is required on the return date.\n\n(4) A person is guilty of contempt of court if—\n\n(a) the person is the author of a report and has been required to attend the Children's Court under subsection (1); and\n\n(b) the person fails, without sufficient excuse, to attend as required.\n\n(5) The author of a report who has been required under subsection (1) by the child or the Secretary to attend at the proceeding, if required by the child or the Secretary (as the case requires)—\n\n(a) must be called as a witness; and\n\n(b) may be cross-examined on the contents of the report.\n\n","sortOrder":403},{"sectionNumber":"408","sectionType":"section","heading":"Disputed report","content":"\t408 Disputed report\n\n(1) If any matter in a report is disputed by the child who is the subject of the report, the Children's Court must not take the disputed matter into consideration when determining the proceeding unless satisfied that the matter is true beyond reasonable doubt*.*\n\n(a) a report, or any part of it, is disputed by the child who is the subject of the report; and\n\n(b) the author of the report does not attend the proceeding despite having been required to attend under section 407—\n\nthe Children's Court must not take the report or the part in dispute into consideration when determining the proceeding unless the child consents to the report or the part in dispute being admitted into evidence.\n\n","sortOrder":404},{"sectionNumber":"409","sectionType":"section","heading":"Confidentiality of reports","content":"\t409 Confidentiality of reports\n\n(1) A person who prepares or receives or otherwise is given or has access to a report, or any part of a report, must not disclose any information contained in that report or part report (as the case requires) to any person who is not entitled to receive or have access to that report or that part (as the case requires) without the consent of—\n\n(b) that child's parent if the child is under 15 years of age at the time of the proceeding.\n\n(2) Subsection (1) is subject to any contrary order by the Children's Court.\n\n(3) Subsection (1) does not prevent any of the following persons from being given or having access to a report, or any part of the report—\n\n(b) a legal practitioner representing the Secretary.\n\n(4) A reference in subsection (1) to a report includes a reference to a copy of a report.\n\nDivision 2—Specialist assessment reports\n\n","sortOrder":405},{"sectionNumber":"410","sectionType":"section","heading":"Specialist assessment reports","content":"\t410 Specialist assessment reports\n\n(1) If the Children's Court finds a child guilty of an offence, before passing sentence, it may—\n\n(a) order the Secretary to prepare a specialist assessment report in respect of the child; and\n\n(2) The Children's Court may only make an order under subsection (1) with the consent of the child.\n\n(3) A specialist assessment report must include the matters specified by the Children's Court that the Court considers to be relevant to the proceeding, including any psychological or psychiatric assessment of the child.\n\n(4) A statement made in a specialist assessment report must relate only to the offence to which the child has pleaded guilty or of which the child has been found guilty by the Children's Court.\n\n(5) The Secretary must file a specialist assessment report in the Children's Court not less than 3 working days before the hearing.\n\nThe Children's Court Clinic is maintained by the Secretary. The functions of the Children's Court Clinic include submitting reports to courts and other bodies. See section 546 of the **Children, Youth and Families Act 2005**.\n\n","sortOrder":406},{"sectionNumber":"411","sectionType":"section","heading":"Author of specialist assessment report may prepare statement for filing with report","content":"\t411 Author of specialist assessment report may prepare statement for filing with report\n\nIf the author of a specialist assessment report is of the opinion that information contained in the report will be or may be prejudicial to the physical or mental health of the child who is the subject of the report, the author may prepare a statement to that effect to be filed with  the report*.*\n\n","sortOrder":407},{"sectionNumber":"412","sectionType":"section","heading":"Access to specialist assessment reports","content":"\t412 Access to specialist assessment reports\n\n(1) Subject to subsection (2), the Secretary must give a copy of a specialist assessment report to each of the following before the hearing of the proceeding—\n\n(d) any other person specified by the Children's Court.\n\n(2) After having regard to the views of the parties to the proceeding and any statement under section 411 filed with the report, if the Children's Court is satisfied that giving the report or a particular part of the report to the child or a person referred to in subsection (1)(d) will be prejudicial to the development or mental health of the child, the Children's Court may order—\n\n(a) that the report or part of the report is not to be given to the child or person; or\n\n(b) that the report or part of the report is to be given to the child or person at a later time specified in the order; or\n\n(c) that the report or part of the report is to be given to the child or person subject to conditions specified by the Court.\n\n(3) An application for an order under subsection (2) may be made by the Secretary.\n\n(4) If the Children's Court makes an order under subsection (2), it must cause a copy of the order to be served on the persons referred to in subsection (1).\n\n(5) A person who receives a copy of a specialist assessment report or part of a report under this section (part or all of which was not released to the child who is the subject of the report or any other person because of subsection (2)) must not, unless otherwise directed by the Children's Court, disclose to that child any information contained in the report or the part of it (as the case requires) that was not released to that child.\n\nDivision 3—Pre-sentence reports\n\n","sortOrder":408},{"sectionNumber":"413","sectionType":"section","heading":"Children's Court may order pre-sentence report","content":"\t413 Children's Court may order pre-sentence report\n\nSubject to sections 414 and 415, if the Children's Court finds a child guilty of an offence before passing sentence the Children's Court may—\n\n(a) order the Secretary to prepare and file a pre‑sentence report in respect of the child; and\n\n","sortOrder":409},{"sectionNumber":"414","sectionType":"section","heading":"Pre-sentence report must be ordered if Children's Court is considering certain orders","content":"\t414 Pre-sentence report must be ordered if Children's Court is considering certain orders\n\n(1) If the Children's Court finds a child guilty of an offence, before passing sentence, the Court must order the Secretary to prepare a pre-sentence report if the Court is considering making—\n\n(a) a youth justice custodial order; or\n\n(b) a youth control order; or\n\n(2) Despite subsection (1), the Children's Court may determine not to order the Secretary to prepare a pre-sentence report if—\n\n(i) the Court considers that a new pre‑sentence report is unnecessary; and\n\n(ii) the child consents to the use of that earlier pre-sentence report in determining the sentence to be imposed for the offence; or\n\n(b) the Court is satisfied that it would not be in the interests of justice to order a pre-sentence report.\n\n(3) If the Children's Court determines not to order a pre-sentence report under subsection (2)(a), the Court may take into account the previous pre‑sentence report in determining what sentence to impose on the child for the offence.\n\n(4) This section does not apply in respect of a child who has a relevant impairment or who appears to the Children's Court to have a relevant impairment.\n\n","sortOrder":410},{"sectionNumber":"415","sectionType":"section","heading":"Pre-sentence report must be ordered if child has or appears to have a relevant impairment","content":"\t415 Pre-sentence report must be ordered if child has or appears to have a relevant impairment\n\n(1) If the Children's Court finds a child guilty of an offence, before passing sentence, the Court must order the Secretary to prepare a pre-sentence report if the child has a relevant impairment, or it appears to the Court that the child has a relevant impairment.\n\n(2) Despite subsection (1), the Children's Court may determine not to order the Secretary to prepare a pre-sentence report if—\n\n(i) the Court considers that a new pre‑sentence report is unnecessary; and\n\n(ii) the child consents to the use of that earlier pre-sentence report in determining the sentence to be imposed for the offence; or\n\n(b) the child has a relevant impairment and the Court is satisfied that a pre-sentence report is unnecessary; or\n\n(c) the Court is satisfied that it would not be in the interests of justice to order a pre-sentence report having regard to the following—\n\n(i) the timeliness of sentencing;\n\n(ii) the likely length of any sentencing order;\n\n(iii) whether the child is being held in custody or on remand;\n\n(iv) other information or reports available to the Court that the Court may take into account in determining what sentence to impose;\n\n(v) if assessment or diagnosis of the child is required, the time required to obtain that assessment or diagnosis;\n\n(vi) any other matter the Court considers relevant.\n\n(3) If the Children's Court determines not to order a pre-sentence report under subsection (2)(a), the Court may take into account the previous pre‑sentence report in determining what sentence to impose on the child for the offence.\n\n","sortOrder":411},{"sectionNumber":"416","sectionType":"section","heading":"Supplementary pre-sentence report","content":"\t416 Supplementary pre-sentence report\n\n(1) If the Children's Court determines not to order a pre-sentence report under section 414(2)(a), the Court must order the Secretary to prepare a report for the Court about the following matters—\n\n(b) any other matter referred to in section 417 that is specified by the Court.\n\n(2) If the Children's Court determines not to order a pre-sentence report under section 415(2)(a), the Court must order the Secretary to prepare a report for the Court about the following matters—\n\n(b) any other matter referred to in section 417 or 418 that is specified by the Court.\n\n","sortOrder":412},{"sectionNumber":"417","sectionType":"section","heading":"Content of pre-sentence report","content":"\t417 Content of pre-sentence report\n\n(1) Subject to section 418, a pre-sentence report may set out all or any of the following matters but no others—\n\n(a) the circumstances of the offence of which the child has been found guilty or any relevant offences of which the child has previously been found guilty, based on the agreed summary of facts;\n\n(b) an analysis of the child's reasons for offending, the child's attitude towards the child's offending including—\n\n(i) acknowledgement of responsibility or recognition of the impact of the child's offending on any victim of the offence of which the child has been found guilty; and\n\n(ii) any steps taken by the child to address harm caused to any victim  of the offence of which the child has been found guilty;\n\n(c) an analysis of the underlying causes of the child's offending;\n\n(d) the extent to which the child has complied with any previous or current sentence;\n\n(e) information about the child's participation in and completion of criminogenic intervention programs;\n\n(f) information about the child's participation in activities that will support the child's positive development, including community, recreation, sporting, music and artistic activities;\n\n(g) information about sentencing options that may be suitable for the child, including (if relevant)—\n\n(i) a recommendation as to any conditions that would be appropriate to address the underlying causes of the child's offending; and\n\n(ii) a plan for implementation of any supervised community-based order, including any courses, programs, treatment, therapy or other assistance that could be provided to the child;\n\n(h) the child's education, training and employment history and circumstances including the child's learning capacity;\n\n(i) whether the child has a disability and the support needs associated with the child's disability;\n\n(j) information about the child's—\n\n(ii) gender or gender identity; and\n\n(iii) sexual orientation; and\n\n(iv) Aboriginal identity; and\n\n(v) cultural, racial or other identity and sense of belonging; and\n\n(k) the child's mental health and any other health needs;\n\n(l) particularly in the case of an Aboriginal child, the child's family, social and cultural background and circumstances;\n\n(m) the child's history (if any) of abuse, trauma, neglect, loss or family violence;\n\n(n) any relevant child protection matters involving the child or other involvement of child protection services in relation to the child including—\n\n(i) any relevant protective intervention that has been taken in relation to the child under the **Children, Youth and Families Act 2005**; and\n\n(ii) any relevant current or previous child protection orders; and\n\n(iii) any relevant current child safety and wellbeing plans relating to the child under the **Children, Youth and Families Act 2005**; and\n\n(iv) any other relevant history of the child's involvement with child protection services, and any proposed future involvement (if known);\n\n(o) the child's living arrangements;\n\n(p) the child's capacity to understand and comply with a sentencing order;\n\n(q) any relationship between any of the characteristics and matters referred to in paragraphs (i) to (p);\n\n(r) any other matter specified by the Children's Court.\n\n(2) A pre-sentence report may include information derived from an assessment of the child's risk of re-offending, if the information may otherwise be included in the pre-sentence report under subsection (1) or section 418, but must not include any score, assessment or rating of the child's risk of re-offending.\n\n(3) Any statement made in a pre-sentence report must be relevant only to the offence of which the child has been found guilty in the proceeding before the Children's Court.\n\n(4) If the pre-sentence report includes a recommendation for conditions under subsection (1)(g), it must state—\n\n(a) whether, and if so where, the recommended service or program is available; and\n\n(b) the proposed date of commencement of the child's participation in the recommended service or program; and\n\n(c) the child's suitability for the recommended service or program; and\n\n(d) the child's attitude towards the recommended service or program.\n\n***child protection order*** means—\n\n(a) an order made under Part 4.8 of the **Children, Youth and Families Act 2005**; or\n\n(b) a protection order; or\n\n(c) a permanent care order.\n\n","sortOrder":413},{"sectionNumber":"418","sectionType":"section","heading":"Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment","content":"\t418 Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment\n\nA pre-sentence report ordered under section 415 may include the following additional matters—\n\n(a) if the child has an intellectual disability, a copy of any statement issued by the DFFH Secretary evidencing that the child has an intellectual disability;\n\n(b) an analysis of how the child's relevant impairment has impacted upon the child's functional capacity and any relationship between that impact and the child's offending;\n\n(c) an outline of any supports required by the child to address any behaviours of concern that are related to the relevant impairment and that impact on the child's offending;\n\n(d) any history of the child's involvement with disability services, including whether the child is an NDIS participant or requires referral to the NDIS;\n\n(e) an outline of available services, including disability services, that—\n\n(i) are suited to the needs of the child; and\n\n(ii) address the impact of the relevant impairment on the child's functional capacity; and\n\n(iii) reduce the likelihood of the child re‑offending;\n\n(f) a plan for implementation of services referred to in paragraph (e) and any other disability  assistance that could be provided to the child.\n\n","sortOrder":414},{"sectionNumber":"419","sectionType":"section","heading":"Time for filing pre-sentence report or supplementary pre-sentence report","content":"\t419 Time for filing pre-sentence report or supplementary pre-sentence report\n\n(1) Subject to subsection (2), a pre-sentence report or a supplementary pre-sentence report must be filed in the Children's Court—\n\n(a) if the child is being held in custody, within 7 days after the making of the order; or\n\n(b) otherwise, within 21 days after the making of the order.\n\n(2) If the pre-sentence report was ordered under section 415  to enable diagnosis or assessment of the child's relevant impairment or apparent relevant impairment*,* the pre-sentence report must be filed in the Children's Court—\n\n(a) if the child is being held in custody, within 21 days after the making of the order; or\n\n(b) otherwise, within 28 days after the making of the order.\n\n(3) The Children's Court may extend a time period specified in subsection (1) or (2).\n\n","sortOrder":415},{"sectionNumber":"420","sectionType":"section","heading":"Access to pre-sentence reports or supplementary pre-sentence reports","content":"\t420 Access to pre-sentence reports or supplementary pre-sentence reports\n\n(1) The Secretary must give a copy of a pre-sentence report or supplementary pre-sentence report to the following persons at least 3 days before the return date—\n\n(d) any other person whom the Children's Court has ordered is to receive a copy of the report.\n\n(2) The Secretary is not required to give a copy of a pre-sentence report or supplementary pre-sentence report to the child or a person referred to in subsection (1)(d) if—\n\n(a) the author of the report is of the opinion that information contained in the report may be prejudicial to the physical or mental health of the child; or\n\n(b) the child notifies the author of the report that the child objects to the report being given to the person.\n\n(3) If because of subsection (2) the Secretary is not required to give a copy of a pre-sentence report or supplementary pre-sentence report to the child or a person referred to in subsection (1)(d), the Secretary may give a copy of part of the report to the child or that person.\n\n(4) If because of subsection (2) the Secretary does not give a copy of a pre-sentence report or supplementary pre-sentence report to the child or a person referred to in subsection (1)(d)—\n\n(a) the Secretary must inform the registrar at the proper venue of the Children's Court of that fact; and\n\n(b) the Children's Court, by order, may direct the registrar at the proper venue of the Court to give a copy of the report or of a specified part of the report, together with a copy of the order, to a person named or described in the order as soon as possible and before the hearing.\n\n(5) A person who receives a copy of a report or of part of a report under this section (part or all of which was not sent to the child who is the subject of the report because of subsection (2)) must not, unless otherwise directed by the Children's Court, disclose to that child any information contained in the report or the part of it (as the case requires) that was not sent to that child.\n\n","sortOrder":416},{"sectionNumber":"421","sectionType":"section","heading":"Filing of and access to previous pre-sentence report","content":"\t421 Filing of and access to previous pre-sentence report\n\n(1) This section applies if the Children's Court has determined not to order a pre-sentence report under section 414(2)(a) or 415(2)(a).\n\n(2) The Secretary must file a copy of the previous pre-sentence report in the Children's Court.\n\n(3) Subject to subsection (4), the Children's Court must order the Secretary to give a copy of the previous pre-sentence report to each of the following at least 3 working days before the return date—\n\n(d) any other person whom the Children's Court has ordered is to receive a copy of the report.\n\n(4) The previous pre-sentence report must not be given to any person who was not given a copy of the previous pre-sentence report or any part of it under section 420.\n\nDivision 4—Pre-sentence group conference reports\n\n","sortOrder":417},{"sectionNumber":"422","sectionType":"section","heading":"Content of pre-sentence group conference report","content":"\t422 Content of pre-sentence group conference report\n\nA pre-sentence group conference report must set out the following matters—\n\n(a) the child's participation in the pre-sentence group conference;\n\n(b) the results of the pre-sentence group conference including the outcome plan (if any) agreed to by the child;\n\n(c) any other matters that the Children's Court specified to be addressed in the pre-sentence group conference.\n\n","sortOrder":418},{"sectionNumber":"423","sectionType":"section","heading":"Filing of pre-sentence group conference report","content":"\t423 Filing of pre-sentence group conference report\n\nA pre-sentence group conference report must be filed in the Children's Court at least 3 working days before the return date.\n\n","sortOrder":419},{"sectionNumber":"424","sectionType":"section","heading":"Access to pre-sentence group conference report","content":"\t424 Access to pre-sentence group conference report\n\n(1) The convenor of a pre-sentence group conference, at least 3 working days before the return date, must give a copy of the pre-sentence group conference report to—\n\n(c) the prosecution; and\n\n(d) if the child is under 15 years of age at the time of the proceeding, the child's parent unless the Children's Court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(e) any other person whom the Children's Court has ordered is to receive a copy of the report.\n\n(2) The convenor of a pre-sentence group conference, at least 3 working days before the return date, must also give a copy of the pre-sentence group conference report to the Secretary if—\n\n(a) the Secretary attended the pre-sentence group conference; or\n\n(b) the child is the subject of a supervised community-based order and the report is prepared while that order is in force.\n\n(3) If a child is sentenced to a supervised community‑based order in the proceeding for which a pre-sentence group conference report was prepared, the convenor must give a copy of the report to the Secretary as soon as practicable after the sentence is imposed.\n\nDivision 5—Variation reports\n\nS. 425 amended by No. 41/2025 s. 3(Sch. 1 item 35.4).\n\n","sortOrder":420},{"sectionNumber":"425","sectionType":"section","heading":"Variation reports","content":"\t425 Variation reports\n\nIf an application is made under section 303, the Secretary must prepare a report on the child including the following information to the extent it is applicable—\n\n(a) the extent to which and the manner in which the child has complied with the core conditions of the order;\n\n(b) the extent to which and the manner in which the child has complied with any special conditions attached to the order;\n\n(c) if the applicant is the child, the Secretary's opinion on the grounds of the application;\n\n(d) the recommendation of the Secretary as to whether, and how, the order should be varied;\n\n(e) the recommendation of the Secretary as to whether the order should be revoked;\n\n(f) any other matter that the Secretary considers relevant.\n\n","sortOrder":421},{"sectionNumber":"426","sectionType":"section","heading":"Filing of variation reports","content":"\t426 Filing of variation reports\n\nThe Secretary must file a variation report in the Children's Court at least 3 working days before the return date.\n\n","sortOrder":422},{"sectionNumber":"427","sectionType":"section","heading":"Access to variation reports","content":"\t427 Access to variation reports\n\nThe Secretary must give a copy of the variation report to each of the following at least 3 working days before the return date—\n\n(c) if the application is made under section 305, the person or body who prosecuted the child for the offence to which the order relates;\n\n(d) if the child is under 15 years of age at the time of the proceeding, the child's parent unless the Children's Court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(e) any other person whom the Court has ordered is to receive a copy of the report.\n\nDivision 6—Contravention reports\n\n","sortOrder":423},{"sectionNumber":"428","sectionType":"section","heading":"Contravention reports","content":"\t428 Contravention reports\n\n(1) If an application is made under section 307 or a notice to appear is served under section 308, the Secretary must prepare a report on the child including—\n\n(a) the nature and circumstances of the alleged contravention of the order; and\n\n(b) the extent to which and the manner in which the child has complied with the core conditions of the order and any special conditions attached to the order; and\n\n(c) the recommendation of the Secretary with respect to an appropriate course of action for the child; and\n\n(d) any other matter the Secretary considers relevant.\n\n(2) Any statement made in a report under subsection (1) must be relevant to—\n\n(a) the alleged contravention of the order; and\n\n(b) the course of action (if any) recommended in the report.\n\n","sortOrder":424},{"sectionNumber":"429","sectionType":"section","heading":"Access to contravention reports","content":"\t429 Access to contravention reports\n\n(1) A contravention report must be given by the Secretary to each of the following before the Children's Court considers whether the child has contravened a core condition or special condition of the relevant order—\n\n(c) if the child is under 15 years of age at the time of the proceeding, the child's parent unless the Children's Court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(d) if a police officer is the applicant under section 307(3), the police officer.\n\n(2) After the Children's Court is satisfied that the child has contravened a core condition or special condition of the relevant order, the Secretary must—\n\n(a) file the contravention report in the Court; and\n\n(b) give a copy of the contravention report to any other person whom the Court has ordered is to receive a copy of the report.\n\nDivision 7—Youth justice planning meeting reports\n\n","sortOrder":425},{"sectionNumber":"430","sectionType":"section","heading":"Filing of youth justice planning meeting report","content":"\t430 Filing of youth justice planning meeting report\n\nIf there is a return date in a proceeding in relation to the youth supervision and support order or youth control order to which the youth justice planning meeting relates, the youth justice planning meeting report must be filed in the Children's Court at least 3 working days before the return date.\n\n","sortOrder":426},{"sectionNumber":"431","sectionType":"section","heading":"Access to youth justice planning meeting report","content":"\t431 Access to youth justice planning meeting report\n\n(1) The author of a youth justice planning meeting report must give a copy of the report to—\n\n(c) the Secretary; and\n\n(d) the prosecution, if applicable; and\n\n(e) if the child is under 15 years of age, the child's parent unless the Children's Court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(f) any other person the Children's Court has ordered is to receive a copy of the report.\n\n(2) The copy of the report must be given at least 3 working days before the return date, if any.\n\nDivision 8—Judicial monitoring reports\n\n","sortOrder":427},{"sectionNumber":"432","sectionType":"section","heading":"Judicial monitoring reports","content":"\t432 Judicial monitoring reports\n\n(a) a youth supervision and support order or a youth control order is in force in respect of a child; and\n\n(b) the child is subject to judicial monitoring under Division 7 of Part 7.8 in respect of that order.\n\n(2) The Secretary must prepare a report for the Children's Court about the child's compliance with the order before each attendance by the child before the Court under Division 7 of Part 7.8.\n\n(3) A judicial monitoring report must be filed in the Children's Court at least 3 working days before the attendance under Division 7 of Part 7.8 or otherwise as directed by the Children's Court.\n\n(4) The author of a judicial monitoring report must give a copy of the report, at least 3 working days before the attendance under Division 7 of Part 7.8 to—\n\n(b) if the child is under 15 years of age, the child's parent unless the Children's Court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(c) the legal practitioner representing the child; and\n\n(d) the person or body who prosecuted the child for the offence; and\n\n(e) any other person the Children's Court has ordered is to receive a copy of the report.\n\n","sortOrder":428},{"sectionNumber":"Div 9","sectionType":"division","heading":"Progress reports","content":"Division 9—Progress reports\n\n","sortOrder":429},{"sectionNumber":"433","sectionType":"section","heading":"Progress reports","content":"\t433 Progress reports\n\n(1) If a supervised order has been made in respect of a child and at any time during the term of that order the Children's Court—\n\n(a) finds the child guilty of an offence; and\n\n(b) is aware that the supervised order is in force in respect of the child—\n\nthe Court may order the Secretary to prepare for the Court a report on the extent to and the manner in which the child has complied with the order.\n\n(2) The Children's Court may take the progress report into account in dealing with the offence referred to in subsection (1)(a).\n\n***supervised order*** means—\n\n(a) a community service order; or\n\n","sortOrder":430},{"sectionNumber":"434","sectionType":"section","heading":"Filing of progress report","content":"\t434 Filing of progress report\n\nA progress report must be filed in the Children's Court—\n\n(a) if the child is being held in custody, within 7 days after the making of the order under section 433; or\n\n(b) otherwise, within 21 days after the making of the order for the report.\n\n","sortOrder":431},{"sectionNumber":"435","sectionType":"section","heading":"Extension of time to file report","content":"\t435 Extension of time to file report\n\nThe Children's Court may extend the time period specified in section 434.\n\n","sortOrder":432},{"sectionNumber":"436","sectionType":"section","heading":"Access to progress report","content":"\t436 Access to progress report\n\n(1) The author of a progress report must give a copy of the report to—\n\n(b) if the child is under 15 years of age, the child's parent unless the Children's Court considers that disclosure of the report would pose an unacceptable risk to the safety, welfare or wellbeing of the child; and\n\n(c) the legal practitioner representing the child; and\n\n(d) the prosecution; and\n\n(e) the Secretary; and\n\n(f) any other person the Children's Court has ordered is to receive a copy of the report.\n\n(2) The copy of the report must be given at least 3 working days before the return date.\n\nChapter 10—Youth justice custody\n\nPart 10.1—Guiding custodial principles\n\n\t437 Taking into account guiding custodial principles\n\n(1) The Secretary, the Commissioner for Youth Justice, the Youth Parole Board, a youth justice custodial officer or other entity or person should take into account each guiding custodial principle to the fullest extent possible, to the extent each principle is relevant in the circumstances when—\n\n(a) exercising any power under this Act in respect of a child or young person held in custody in a youth justice custodial centre; or\n\n(b) performing any function under this Act in respect of a child or young person held in custody in a youth justice custodial centre; or\n\n(c) engaging with a child or young person held in custody in a youth justice custodial centre.\n\nA medical practitioner visiting a child or young person in a professional capacity.\n\n1 See sections 13AS and 13WA of the **Terrorism (Community Protection) Act 2003** for the provisions of this Chapter which apply in respect of the detention of a child in a youth justice custodial centre under Parts 2AA and 2A of that Act.\n\n2 However, in the event of any inconsistency between the provisions of this Chapter and the provisions of Part 2AA of the **Terrorism (Community Protection) Act 2003**, the relevant provisions of that Act prevail—see section 13AS of the **Terrorism (Community Protection) Act 2003**.\n\n3 In the event of any inconsistency between the provisions of this Chapter and the provisions of Part 2A of the **Terrorism (Community Protection) Act 2003**, a preventative detention order under that Act, or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of the **Terrorism (Community Protection) Act 2003** or the terms of either order (as the case requires) prevail—see section 13WA of the **Terrorism (Community Protection) Act 2003**.\n\n(2) Subsection (1) does not apply to—\n\n(a) a parent or legal representative of a child or young person held in custody in a youth justice custodial centre; or\n\n(b) any child or young person held in custody in a youth justice custodial centre; or\n\n(c) any other person who engages with a child or young person held in custody in a youth justice custodial centre in a personal or private capacity.\n\nA community or religious representative or an Aboriginal Elder visiting a child or young person, at the request or invitation of the child or young person, to provide emotional support or spiritual guidance.\n\n","sortOrder":433},{"sectionNumber":"438","sectionType":"section","heading":"Guiding custodial principle—safety, stability and security","content":"\t438 Guiding custodial principle—safety, stability and security\n\n(1) Children and young persons held in custody in a youth justice custodial centre are to be—\n\n(a) provided with a safe, stable and secure place of accommodation where they are protected from harm; and\n\n(b) accommodated in a manner that is the least restrictive necessary in the circumstances; and\n\n(c) afforded a safe, stable and secure living environment that is founded on strong, consistent and respectful relations between—\n\n(i) youth justice custodial officers and the children and young persons and their families; and\n\n(ii) any other persons who engage with the children and young persons and their families in the living environment.\n\n(2) Children and young persons held in custody are not to be punished, recognising that the confinement resulting from the imposition of a sentence of detention is to be the only punishment a child or young person receives for an offence.\n\n(3) Children and young persons remanded in custody are presumed to be innocent and are to be treated accordingly.\n\n","sortOrder":434},{"sectionNumber":"439","sectionType":"section","heading":"Guiding custodial principle—positive development","content":"\t439 Guiding custodial principle—positive development\n\n(1) The rehabilitation and positive development of children and young persons held in custody in a youth justice custodial centre is to be promoted through individualised programs of meaningful and structured activities and support, including—\n\n(a) evidence-based interventions that address any underlying causes of offending behaviour or alleged offending behaviour and encourage the child or young person to build insight into and take responsibility for their actions; and\n\n(b) education, training and skills development; and\n\n(c) exercise and other recreational activities; and\n\n(d) development of personal skills, including independent living skills (if applicable), to support the child's or young person's reintegration into the community.\n\nAn example of meaningful exercise and recreational activities is a child or young person having the opportunity to spend a target of 2 hours exercising or playing sport.\n\n(2) The rehabilitation and positive development of children and young persons is to be promoted by supporting opportunities for children and young persons to safely transition from custody into the community, including by engaging appropriate service systems to provide continuity of care and support.\n\n","sortOrder":435},{"sectionNumber":"440","sectionType":"section","heading":"Guiding custodial principle—individual responses","content":"\t440 Guiding custodial principle—individual responses\n\nChildren and young persons held in custody in a youth justice custodial centre are to—\n\n(a) be cared for and supported in a manner that is appropriate for their age, maturity and stage of development; and\n\n(b) have their individual risks and needs addressed, including any underlying causes of their offending behaviour or alleged offending behaviour; and\n\n(c) have their abilities and strengths fostered; and\n\n(d) be supported in a gender-responsive way that accords girls and young women in custody equitable access to supports, services and facilities; and\n\n(e) be supported in an inclusive and a safe way, with equitable access to supports, services and facilities that respects their gender identity, sex characteristics or sexual orientation; and\n\n(f) be treated in a manner that recognises the unique vulnerabilities and systemic and structural issues that disproportionately impact children and young persons in custody from culturally and linguistically diverse backgrounds, including by—\n\n(i) treating those children and young persons in a manner that values their unique cultural identities, beliefs, faiths and languages, and supports them to express and practise their cultural identities, beliefs, faiths and languages accordingly; and\n\n(ii) acknowledging and supporting those children and young persons to overcome barriers to their rehabilitation and positive development, including trauma, discrimination, racism and bias; and\n\n(g) be treated in a manner that acknowledges and supports any disability, health, mental illness or mental health needs of the child or young person.\n\n","sortOrder":436},{"sectionNumber":"441","sectionType":"section","heading":"Guiding custodial principle—additional guiding custodial principles specific to Aboriginal children and young persons","content":"\t441 Guiding custodial principle—additional guiding custodial principles specific to Aboriginal children and young persons\n\nIn addition to the other guiding custodial principles, Aboriginal children and young persons held in custody must be treated in a manner that—\n\n(a) recognises and values their unique cultural identities and beliefs; and\n\n(b) promotes and protects their cultural rights and right to self-determination; and\n\n(c) supports them to overcome barriers to their healing, rehabilitation and positive development, including structural racism, discrimination and bias; and\n\n(d) supports their social and emotional wellbeing; and\n\n(e) keeps them connected to family, kin, community, culture, Country and Elders and actively supports and maintains these connections and empowers their families to support them while they are in the care of or transitioning from the youth justice custodial system into the community; and\n\n(f) fosters each child's or young person's sense of connection and support by placing their family, kin, community and Elders at the centre of the rehabilitation and positive development of the child or young person to help that child or young person realise their potential; and\n\n(g) understands, acknowledges and responds to the ongoing impacts of colonisation, intergenerational trauma and associated complexity of need.\n\n","sortOrder":437},{"sectionNumber":"442","sectionType":"section","heading":"Guiding custodial principle—children's and young persons' voices","content":"\t442 Guiding custodial principle—children's and young persons' voices\n\nChildren and young persons held in custody are to be engaged with genuinely and regularly and their input on matters that affect them, and the systems that impact them, must be genuinely considered.\n\n","sortOrder":438},{"sectionNumber":"443","sectionType":"section","heading":"Guiding custodial principle—families and community","content":"\t443 Guiding custodial principle—families and community\n\nParents, families, carers and persons of significance of or to a child or young person held in custody, with the agreement of the child or young person, are to be genuinely and regularly engaged with by—\n\n(a) regularly informing them about matters relating to the child or young person; and\n\n(b) supporting them to meaningfully participate in and contribute to matters relating to the child or young person; and\n\n(c) providing them with regular access to the youth justice custodial centre at which the child or young person is held in custody; and\n\n(d) supporting them to meaningfully participate in and contribute to the child's or young person's transition from custody into the community.\n\n","sortOrder":439},{"sectionNumber":"444","sectionType":"section","heading":"Guiding custodial principle—collaboration","content":"\t444 Guiding custodial principle—collaboration\n\nPublic service bodies, public entities, Victoria Police, non-government organisations and the community are to engage, collaborate and cooperate with each other to the fullest extent possible to support children and young persons held in custody to rehabilitate, positively develop and transition effectively from custody into the community.\n\nPart 10.2—Rights and responsibilities\n\nDivision 1—Rights of children and young persons in youth justice custodial centres\n\n\t445 Custodial rights of children and young persons\n\n(1) A child or young person who is held in custody in a youth justice custodial centre has custodial rights.\n\n(2) The custodial rights apply subject to, and in addition to, the rights of a child or young person under—\n\n(a) any other Act (including the Charter of Human Rights and Responsibilities); and\n\n(b) common law.\n\n","sortOrder":440},{"sectionNumber":"446","sectionType":"section","heading":"Obligation to uphold custodial rights","content":"\t446 Obligation to uphold custodial rights\n\n(1) The following persons must act in a way that is compatible with and promotes the custodial rights to the fullest extent possible—\n\n(d) any other person who, in accordance with this Act or any other Act or law, engages with a child or young person who is held in custody in a youth justice custodial centre.\n\n(2) Subsection (1) does not apply to—\n\n(a) a parent or legal representative of a child or young person held in custody in a youth justice custodial centre; or\n\n(b) any child or young person held in custody in a youth justice custodial centre; or\n\n(c) any other person who engages with a child or young person held in custody in a youth justice custodial centre in a personal or private capacity.\n\nA community or religious representative or an Aboriginal Elder visiting a child or young person, at the request or invitation of the child or young person, to provide emotional support or spiritual guidance.\n\n","sortOrder":441},{"sectionNumber":"447","sectionType":"section","heading":"Custodial right—positive development","content":"\t447 Custodial right—positive development\n\n(1) A child or young person who is held in custody in a youth justice custodial centre has a right to an individualised program of meaningful and structured activities and support to promote the positive development and rehabilitation of the child or young person.\n\n(1A) The program must be completed and agreed to within 2 weeks of the child or young person being received into a youth justice custodial centre.\n\n(2) Without limiting subsection (1), a program may include—\n\n(a) evidence-based interventions that address any underlying causes of offending or alleged offending and encourage the child or young person to build insight into and take responsibility for their actions; and\n\n(b) education, training and skills development; and\n\n(c) recreational activities; and\n\n(d) development of personal skills, including independent living skills (if applicable), to support the reintegration of the child or young person into the community.\n\n(3) If a program does not include any particular matter referred to in subsection (2), a report explaining why must be attached to the program.\n\n","sortOrder":442},{"sectionNumber":"448","sectionType":"section","heading":"Custodial right—safety, security and stability","content":"\t448 Custodial right—safety, security and stability\n\n(1) A child or young person who is held in custody in a youth justice custodial centre has a right to—\n\n(a) accommodation that is clean and sanitary and upholds the privacy and dignity of the child or young person; and\n\n(b) food and drink that accords with the religious or dietary requirements of the child or young person; and\n\n(c) clothing that—\n\n(i) is clean; and\n\n(ii) is appropriate to the climate and the activities that the child or young person is engaged in; and\n\n(iii) accords with the gender or gender identity of the child or young person; and\n\n(iv) accords with the cultural and religious customs and requirements of the child or young person; and\n\n(d) a minimum of one hour of daily access to an outdoor area for social, recreation and exercise purposes.\n\n(2) A child or young person who is held in custody in a youth justice custodial centre has a right to be protected from harm, cared for, encouraged and supported.\n\n","sortOrder":443},{"sectionNumber":"449","sectionType":"section","heading":"Custodial right—mental and physical health","content":"\t449 Custodial right—mental and physical health\n\n(1) A child or young person who is held in custody in a youth justice custodial centre has a right to receive the physical, disability and mental health support and treatment that the child or young person requires.\n\n(2) Without limiting subsection (1), a child or young person has a right to access to a health practitioner or disability support.\n\n","sortOrder":444},{"sectionNumber":"450","sectionType":"section","heading":"Custodial right—individual responses","content":"\t450 Custodial right—individual responses\n\n(1) A child or young person who is held in custody in a youth justice custodial centre has a right to receive a timely assessment and case plan that—\n\n(a) is appropriate for the age, maturity and stage of development of the child or young person; and\n\n(b) addresses the individual needs and risks of the child or young person, including any underlying causes of their offending or alleged offending; and\n\n(c) fosters the abilities and strengths of the child or young person; and\n\n(d) is informed through the timely provision of information by public service bodies, public entities and other service providers.\n\n(2) A female child or young person held in custody in a youth justice custodial centre has a right to—\n\n(a) gender responsive care and support, including being provided with sanitary products and maternity care; and\n\n(b) equitable access to supports, services and facilities.\n\n(3) A child or young person held in custody in a youth justice custodial centre has a right to be supported in an inclusive and safe way, with equitable access to supports, services and facilities that respects the gender identity, sex characteristics and sexual orientation of the child or young person.\n\n","sortOrder":445},{"sectionNumber":"451","sectionType":"section","heading":"Custodial right—family, community, cultural and religious connections","content":"\t451 Custodial right—family, community, cultural and religious connections\n\n(1) A child or young person held in custody in a youth justice custodial centre has a right to—\n\n(a) use their own language; and\n\n(b) demonstrate and practise their religion; and\n\n(c) express their culture; and\n\n(d) participate in cultural and religious activities and celebrations; and\n\n(e) be supported in maintaining their family, community, cultural and religious connections; and\n\n(f) receive visits from parents, relatives, carers, community members and any other persons of significance to the child or young person; and\n\n(g) if in person visits are not reasonably practicable or preferred by the child or young person, have access to a telephone, video technology or other preferred forms of communication to maintain connections; and\n\n(h) engage with religious or spiritual advisers.\n\n(2) A child or young person held in custody in a youth justice custodial centre has a right to be communicated with—\n\n(a) in a language and manner that they can understand, including through the use of an interpreter and translated written materials as required; and\n\n(b) in a culturally appropriate manner.\n\n","sortOrder":446},{"sectionNumber":"452","sectionType":"section","heading":"Custodial right—Aboriginal children and young persons","content":"\t452 Custodial right—Aboriginal children and young persons  \n\nAn Aboriginal child or young person held in custody in a youth justice custodial centre has a right to—\n\n(a) have their unique needs met as a member of the Aboriginal community in a way that promotes and protects their cultural rights and cultural identity, and their right to self-determination; and\n\n(b) be supported to participate in cultural activities and celebrations with other Aboriginal people to maintain their connection to their culture, family, kin, community and Country; and\n\n(c) engage with and receive regular visits from family, kin, Elders, members of Aboriginal organisations and other members of the Aboriginal community.\n\n","sortOrder":447},{"sectionNumber":"453","sectionType":"section","heading":"Custodial right—being informed","content":"\t453 Custodial right—being informed\n\nA child or young person held in custody in a youth justice custodial centre has a right to—\n\n(a) be advised of their custodial rights and any other rights, including human rights; and\n\n(b) be advised of custodial rules; and\n\n(c) be supported in accessing and understanding communications; and\n\nA child or young person should be communicated to in a manner that the child or young person can understand, having regard to the age, maturity, stage of development and particular needs of the child or young person.\n\n(d) have reasonable access to news and information, including newspaper content, radio broadcasts and television broadcasts; and\n\n(e) be advised of the process for making a complaint about the standard of care, accommodation or treatment of children and young persons in the youth justice custodial centre and the administration of the youth justice custodial centre.\n\n","sortOrder":448},{"sectionNumber":"454","sectionType":"section","heading":"Custodial right—children's and young persons' voices","content":"\t454 Custodial right—children's and young persons' voices\n\n(1) A child or young person held in custody in a youth justice custodial centre has a right to be supported to—\n\n(a) provide opinions on matters relating to their detention, including their case plan, personal development and rehabilitation program, accommodation and services and any other matter relating to their detention; and\n\n(b) contribute to any system and operational changes; and\n\n(c) make confidential complaints about the matters referred to in paragraph (a) through appropriate avenues.\n\n(2) A child or young person held in custody in a youth justice custodial centre has a right to—\n\n(a) make a complaint; and\n\n(b) request legal or other assistance to make a complaint; and\n\n(c) have any complaint adequately considered and addressed in a timely way.\n\n","sortOrder":449},{"sectionNumber":"455","sectionType":"section","heading":"Custodial right—legal representation","content":"\t455 Custodial right—legal representation\n\nA child or young person held in custody in a youth justice custodial centre has a right to—\n\n(a) receive visits from the legal representative of the child or young person; and\n\n(b) have a visit referred to in paragraph (a) occur confidentially.\n\n","sortOrder":450},{"sectionNumber":"456","sectionType":"section","heading":"Custodial right—external support","content":"\t456 Custodial right—external support\n\n(1) A child or young person held in custody in a youth justice custodial centre has a right to the support of public service bodies and public entities and other service providers—\n\n(a) to fully and meaningfully engage in the programs referred to in section 447; and\n\n(b) on the transition of the child or young person from custody into the community.\n\n(2) Without limiting subsection (1), a child or young person held in custody in a youth justice custodial centre has a right to supported access to any of the following—\n\n(a) meaningful community engagement activities;\n\n(b) education and training;\n\n(c) work opportunities;\n\n(d) safe and stable housing;\n\n(e) mental and physical healthcare;\n\n(f) disability support;\n\n(g) any other services or activities relating to the health, development or rehabilitation of the child or young person.\n\nDivision 2—Responsibility of children and young persons in youth justice custodial centres\n\n","sortOrder":451},{"sectionNumber":"457","sectionType":"section","heading":"Responsibility to comply with custodial rules","content":"\t457 Responsibility to comply with custodial rules\n\nA child or young person who is held in custody in a youth justice custodial centre has a responsibility to comply with the custodial rules to the fullest extent possible.\n\n","sortOrder":452},{"sectionNumber":"458","sectionType":"section","heading":"Commissioner for Youth Justice to make custodial rules","content":"\t458 Commissioner for Youth Justice to make custodial rules\n\n(1) The Commissioner for Youth Justice must make clear rules for children and young persons who are held in custody in a youth justice custodial centre.\n\n(2) For the purposes of subsection (1), the rules must set out—\n\n(a) the expectations of the behaviour to be modelled by children and young persons in custody in a youth justice custodial centre; and\n\n(b) the responsibility of each child or young person in custody in a youth justice custodial centre to comply with the custodial rules to the fullest extent possible; and\n\n(c) the ways in which a child or young person in custody in a youth justice custodial centre will be supported in complying with the custodial rules.\n\n","sortOrder":453},{"sectionNumber":"459","sectionType":"section","heading":"Contravention of custodial rules","content":"\t459 Contravention of custodial rules\n\n(1) An act or omission by a child or young person does not constitute the commission of an offence by that child or young person solely on the basis that the act or omission contravenes a custodial rule.\n\n(2) Nothing in this section prevents a child or young person being charged for the commission of an offence if the act or omission by that child or young person contravenes a provision of any Act or regulation.\n\n","sortOrder":454},{"sectionNumber":"Part 10","sectionType":"part","heading":"3—Legal custody and management and operation of youth justice custodial centres","content":"Part 10.3—Legal custody and management and operation of youth justice custodial centres\n\nDivision 1—Responsibility for youth justice custodial centres and legal custody\n\n\t460 Responsibility of Secretary in relation to youth justice custodial centres and legal custody of children and young persons\n\n(1) The Secretary is responsible for the safety and wellbeing of—\n\n(a) all children and young persons held in custody in youth justice custodial centres; and\n\n(b) all persons who work in or are present at youth justice custodial centres from time to time.\n\n(2) Subject to this Act—\n\n(a) the Secretary has legal custody of all children and young persons held in custody in youth justice custodial centres; and\n\n(b) a child or young person who is held in custody in a youth justice custodial centre is in the legal custody of the Secretary while so held.\n\n(3) A child who is detained in a youth justice custodial centre under Part 2AA of the **Terrorism (Community Protection) Act 2003** under section 13AR of that Act pursuant to a police detention decision within the meaning of that Act, or under an order referred to in section 13WA(5) of that Act, ceases to be in the legal custody of the Secretary—\n\n(a) during any time when the child is in the legal custody of the Chief Commissioner of Police under section 6D of the **Corrections Act 1986**; or\n\n(b) when the Secretary acting under lawful direction or authority, or in accordance with an Act, releases the child from the legal custody of the Secretary.\n\n","sortOrder":455},{"sectionNumber":"461","sectionType":"section","heading":"Legal custody of child or young person during removal from court to youth justice custodial centre","content":"\t461 Legal custody of child or young person during removal from court to youth justice custodial centre\n\n(1) If a court makes an order to remand or detain a child or young person in a youth justice custodial centre, a youth justice custodial officer, on taking physical custody of the child or young person, has the legal custody of that child or young person during the time of removal in accordance with the order.\n\n\t(2) If the child or young person is removed from the court to a youth justice custodial centre by a police officer, the child or young person is deemed to be in the legal custody of the police officer during the time of the removal.\n\n(3) If the child or young person is removed from the court to a youth justice custodial centre by a protective services officer or a person authorised under section 9A(1B) of the **Corrections Act 1986** to carry out transport of a person, the child or young person is deemed to be in the legal custody of the Chief Commissioner of Police during the time of the removal.\n\n","sortOrder":456},{"sectionNumber":"462","sectionType":"section","heading":"Commissioner for Youth Justice has operational management responsibility for youth justice custodial centres","content":"\t462 Commissioner for Youth Justice has operational management responsibility for youth justice custodial centres\n\n(1) The Commissioner for Youth Justice is responsible for—\n\n(a) the operational management of youth justice custodial centres and maintaining the safety, security and stability of those centres; and\n\n(b) determining the form of care, custody, accommodation, treatment and support for each child or young person held in custody in a youth justice custodial centre to support the rehabilitation and positive development of those children or young persons.\n\n(2) In making a determination under subsection (1)(b) in respect of a child or young person held in custody in a youth justice custodial centre, the Commissioner for Youth Justice must have regard to—\n\n(a) the individual risks and needs of that child or young person; and\n\n(b) the best interests of that child or young person, to the extent practicable in the circumstances.\n\n","sortOrder":457},{"sectionNumber":"463","sectionType":"section","heading":"Photographs and records","content":"\t463 Photographs and records\n\nAs soon as possible after a child or young person is received into a youth justice custodial centre, the Commissioner for Youth Justice may take photographs of the child or young person for the purposes of—\n\n(a) identifying the child or young person; and\n\n(b) compiling records of the child or young person.\n\nDivision 2—Accommodation\n\n","sortOrder":458},{"sectionNumber":"464","sectionType":"section","heading":"Separate accommodation for certain cohorts","content":"\t464 Separate accommodation for certain cohorts\n\n(1) In determining the form of accommodation for each child and young person held in custody in a youth justice custodial centre, the Commissioner for Youth Justice must exercise that function in accordance with the following presumptions—\n\n(a) that children who are under 18 years of age are to be separately accommodated from children who are 18 years of age or over and young persons who are at the same youth justice custodial centre (the ***age-based separation presumption***);\n\n(b) that children who are on remand are to be separately accommodated from children and young persons who are serving a custodial sentence at the same youth justice custodial centre (the ***status‑based separation presumption***);\n\n(c) that children and young persons who are at the same youth justice custodial centre are to be separately accommodated according to their sex (the ***sex-based separation presumption***).\n\n(2) The presumptions set out in subsection (1)—\n\n(a) apply only to accommodation placement decisions; and\n\nEducation, development programs and services are not covered.\n\n(b) are subject to section 465.\n\n","sortOrder":459},{"sectionNumber":"465","sectionType":"section","heading":"Displacement of presumptions","content":"\t465 Displacement of presumptions\n\n(1) The Commissioner for Youth Justice is not required to apply the age-based separation presumption set out in section 464(1)(a) if satisfied on reasonable grounds that it is appropriate and safe to do so, having regard to—\n\n(a) the individual risks, needs and, to the extent practicable in the circumstances, the best interests of the child who is under 18 years of age; and\n\n(ii) the health, safety and wellbeing of the child and all the children and young persons with whom that child would be accommodated; and\n\n(c) to the fullest extent possible, the views or opinion of the child.\n\n(2) The Commissioner for Youth Justice is not required to apply the status-based separation presumption set out in section 464(1)(b) if satisfied on reasonable grounds that it is appropriate and safe to do so, having regard to—\n\n(a) the individual risks, needs and, to the extent practicable in the circumstances, the best interests of the child on remand; and\n\n(ii) the health, safety and wellbeing of the child on remand and all the children and young persons with whom that child would be accommodated; and\n\n(c) to the fullest extent possible, the views or opinion of the child on remand.\n\n(3) The Commissioner for Youth Justice is not required to apply the sex-based separation presumption set out in section 464(1)(c) in the case of a child or young person whose gender identity is not the same as their sex, if satisfied on reasonable grounds that it is appropriate and safe to do so, having regard to—\n\n(a) the individual risks, needs and, to the extent practicable in the circumstances, the best interests of the child or young person; and\n\n(ii) the health, safety and wellbeing of the child or young person and all the children and young persons with whom that child or young person would be accommodated; and\n\n(c) to the fullest extent possible, the views or opinion of the child or young person.\n\nDivision 3—Powers relating to visitors\n\n","sortOrder":460},{"sectionNumber":"466","sectionType":"section","heading":"Commissioner for Youth Justice may approve entry of visitors","content":"\t466 Commissioner for Youth Justice may approve entry of visitors\n\n(1) The Commissioner for Youth Justice may approve the entry of visitors to a youth justice custodial centre either generally or in a particular case.\n\n(2) The Commissioner for Youth Justice may require that visits to a youth justice custodial centre are to take place in the presence of, or under the supervision of, a youth justice custodial officer either generally or in a particular case.\n\n(3) Despite subsection (2), a visit by a legal practitioner representing a child or young person held in custody in a youth justice custodial centre is not subject to any requirement that the visit take place in the presence of, or under the supervision of, a youth justice custodial officer.\n\n","sortOrder":461},{"sectionNumber":"467","sectionType":"section","heading":"Visitors required to comply with orders","content":"\t467 Visitors required to comply with orders\n\n(1) The Commissioner for Youth Justice may give to a visitor to a youth justice custodial centre any orders that are necessary for the operational management of the youth justice custodial centre and maintaining the safety, security and stability of the centres.\n\n(2) A visitor to a youth justice custodial centre must not contravene an order given under subsection (1).\n\n","sortOrder":462},{"sectionNumber":"468","sectionType":"section","heading":"Visitors to give required information","content":"\t468 Visitors to give required information\n\n(1) The Commissioner for Youth Justice may require any person who wishes to enter, or who has entered, a youth justice custodial centre as a visitor to give the Commissioner information as to the following—\n\n(a) the purpose of the visit or intended visit;\n\n(b) the person's identity, address, occupation and age;\n\n(c) the person's relationship (if any) to any child or young person held in custody that the person wishes to visit.\n\n(2) A person who wishes to enter or has entered a youth justice custodial centre as a visitor must not knowingly give to the Commissioner for Youth Justice or any other youth justice custodial officer at the youth justice custodial centre information that is false or misleading.\n\n(3) If, when asked, a person does not give the required information to the Commissioner for Youth Justice or gives information to the Commissioner or any other youth justice custodial officer at the youth justice custodial centre that is false or misleading, the Commissioner may—\n\n(a) if the person has not entered the youth justice custodial centre, by order prohibit the person from entering the centre; or\n\n(b) if the person has entered the youth justice custodial centre, order the person to leave the centre immediately.\n\n(4) A person must not contravene an order given under subsection (3).\n\n(5) A person ordered to leave a youth justice custodial centre under this section may only re-enter the centre with the permission of the Commissioner for Youth Justice.\n\n","sortOrder":463},{"sectionNumber":"469","sectionType":"section","heading":"Commissioner for Youth Justice may refuse or terminate visits for security reasons","content":"\t469 Commissioner for Youth Justice may refuse or terminate visits for security reasons\n\n(1) If the Commissioner for Youth Justice believes on reasonable grounds that the security or stability of a youth justice custodial centre or the safety of a visitor to the centre is threatened, the Commissioner may—\n\n(a) by order prohibit a person from entering the youth justice custodial centre as a visitor; or\n\n(b) order the visitor to leave the youth justice custodial centre immediately.\n\n(2) Without limiting any other power of the Commissioner for Youth Justice under this Act, if the Commissioner believes on reasonable grounds that the security or stability of a youth justice custodial centre or the safety of any person in the youth justice custodial centre is threatened, the Commissioner, by order, may prohibit a person from entering all or any youth justice custodial centres as a visitor.\n\n(3) An order under subsection (2) in relation to a matter prevails over any order under subsection (1) in relation to that matter.\n\n(4) A person must not contravene an order under subsection (1) or (2).\n\nDivision 4—Temporary leave\n\n","sortOrder":464},{"sectionNumber":"470","sectionType":"section","heading":"Temporary leave from legal custody in youth justice custodial centre","content":"\t470 Temporary leave from legal custody in youth justice custodial centre\n\n(1) A child or young person who is held in custody in a youth justice custodial centre may be issued with a temporary leave permit by the Secretary to take temporary leave of absence from the youth justice custodial centre where that child or young person is held in custody for any purpose stated in the permit, with or without escort or supervision.\n\n(2) For the purposes of subsection (1), a purpose may include, but is not limited to, any of the following—\n\n(a) to engage in employment, whether with or without remuneration;\n\n(b) to attend an educational or training institution;\n\n(c) to visit their family, relatives or friends;\n\n(d) to participate in sport, recreation or entertainment in the community;\n\n(e) to attend a hospital or a medical, dental or psychiatric clinic or like place for receiving treatment or for examination;\n\n(f) to attend a funeral;\n\n(g) to accompany police officers for a specified purpose or for assisting in the administration of justice;\n\n(h) to seek employment;\n\n(i) to live in any other accommodation specified in the permit for any purpose specified in the permit;\n\n(j) to enable a child or young person to build, maintain or strengthen connection to their culture or community;\n\n(k) to enable an Aboriginal child or young person to build, maintain or strengthen connection to their Aboriginal culture or community.\n\n(3) A temporary leave permit—\n\n(a) must be in writing; and\n\n(b) must be signed by the Secretary.\n\n(4) A temporary leave permit—\n\n(a) may be subject to any conditions, limitations and restrictions that the Secretary thinks fit to impose; and\n\n(b) may be issued to or in respect of an individual or any group of children or young persons engaged in common employment, education, instruction or activity.\n\n(5) The person issuing a temporary leave permit to an individual must give to the child or young person permitted temporary leave a copy of the permit or cause that child or young person to be given a copy.\n\n(6) A child or young person to whom a copy of a temporary leave permit is given in accordance with subsection (5) must carry that copy at all times during the temporary leave.\n\n(7) A child or young person permitted temporary leave in accordance with a temporary leave permit continues to be in the legal custody of the Secretary during the temporary leave.\n\n","sortOrder":465},{"sectionNumber":"471","sectionType":"section","heading":"Cancellation of temporary leave permit","content":"\t471 Cancellation of temporary leave permit\n\n(1) The Secretary may cancel a temporary leave permit at any time before the end of a period of temporary leave.\n\n(2) The cancellation of a temporary leave permit takes effect at the earlier of—\n\n(a) the end of the day on which the child or young person permitted temporary leave is informed of the cancellation of the permit; or\n\n(b) the time at which the child or young person returns to the place of custody from which the child or young person was released on leave.\n\n","sortOrder":466},{"sectionNumber":"472","sectionType":"section","heading":"Contravention of temporary leave permits","content":"\t472 Contravention of temporary leave permits\n\n(1) A child or young person who, before the end of a period of temporary leave, fails either to return to the youth justice custodial centre from which the child or young person was released on temporary leave or to report at some other youth justice custodial centre specified in the temporary leave permit is deemed to have escaped from the youth justice custodial centre for the purposes of the offence in section 533.\n\n(2) Despite subsection (1), it is not an offence under that subsection or section 533 if the child or young person fails to return or report to a youth justice custodial centre due to circumstances beyond the control of that child or young person.\n\n(3) A child or young person must not contravene a condition, limitation or restriction to which a temporary leave permit is subject, not being a condition, limitation or restriction with respect to returning to or reporting to a youth justice custodial centre as referred to in subsection (1).\n\n(a) in the case of a child under 18 years of age, detention in a youth justice custodial centre for 3 months;\n\n(b) in any other case, imprisonment or detention in a youth justice custodial centre for 3 months.\n\n","sortOrder":467},{"sectionNumber":"473","sectionType":"section","heading":"Removal from one youth justice custodial centre to another centre (transfer warrants)","content":"\t473 Removal from one youth justice custodial centre to another centre (transfer warrants)\n\n(1) The Secretary or the Commissioner for Youth Justice, by warrant, may cause the removal of a child or young person from a youth justice custodial centre to any other youth justice custodial centre.\n\n(2) On being removed under subsection (1), a child or young person must be kept at the youth justice custodial centre to which the child or young person was sent—\n\n(a) for the remainder of the period of the child's or young person's detention in custody; or\n\n(b) until removed by legal authority.\n\n(3) Subject to subsections (5) and (6), while being removed from or to a youth justice custodial centre, a child or young person is in the legal custody of the youth justice custodial officer having the custody of the child or young person and acting under the transfer warrant.\n\n(4) In due course, the youth justice custodial officer acting under the transfer warrant must deliver or return the child or young person into the custody of the Commissioner for Youth Justice at the youth justice custodial centre in accordance with the terms of the transfer warrant.\n\n(5) If requested to do so by the Secretary or the Commissioner for Youth Justice, a police officer may assist the youth justice custodial officer acting under the transfer warrant and having legal custody of the child or young person in the discharge of that officer's duties under subsections (3) and (4) and, in that case, the child or young person being removed is deemed to be in the legal custody of the police officer.\n\n(6) If a child or young person is removed from or to a youth justice custodial centre by a protective services officer within the meaning of the **Victoria Police Act 2013** or a person authorised under section 9A(1B) of the **Corrections Act 1986** to carry out transport of a person, the child or young person being removed is deemed to be in the legal custody of the Chief Commissioner of Police.\n\n(7) When making a decision under this section to cause the removal of a child or young person under subsection (1), the Secretary or the Commissioner for Youth Justice, in the Secretary's or Commissioner's complete discretion, may have regard to the following—\n\n(a) the availability and appropriateness of accommodation for the combination of all children and young persons held in custody across all youth justice custodial centres;\n\n(b) the safety, security and stability of any youth justice custodial centre;\n\n(c) the safety, security and needs of any child or young person held in custody at any youth justice custodial centre;\n\n(d) the safety of any person at any youth justice custodial centre;\n\n(e) any matter that the Secretary or Commissioner, as the case requires, considers relevant.\n\n(8) The Secretary or the Commissioner for Youth Justice is not required to afford procedural fairness in making any decision under this section.\n\nPart 10.4—Prohibited actions and restricted practices\n\nDivision 1—Prohibited actions\n\n\t474 Prohibited actions\n\n(1) The following actions are prohibited in relation to a child or young person held in custody in a youth justice custodial centre—\n\n(b) the administering of corporal punishment, that is, any action which inflicts, or is intended to inflict, physical pain or discomfort on the child or young person as a punishment;\n\n(e) the adoption of any kind of discriminatory treatment;\n\n(f) the use of isolation as a punishment, or for the purposes of disciplining a child or young person or as a generalised behaviour management strategy.\n\n(2) The following actions are prohibited in relation to a child or young person who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit—\n\n(b) the administering of corporal punishment, that is, any action which inflicts, or is intended to inflict, physical pain or discomfort on the child or young person as a punishment;\n\n(e) the adoption of any kind of discriminatory treatment.\n\nDivision 2—Use of force\n\n","sortOrder":468},{"sectionNumber":"475","sectionType":"section","heading":"Use of force prohibited except in certain circumstances","content":"\t475 Use of force prohibited except in certain circumstances\n\n(1) The use of force in relation to a child or young person held in custody in a youth justice custodial centre is prohibited unless—\n\n(a) a youth justice custodial officer believes on reasonable grounds that force is necessary to prevent or respond to an immediate threat of—\n\n(i) the child or young person harming themselves or any other person or damaging property; or\n\n(ii) the child or young person escaping or attempting to escape from the youth justice custodial centre; or\n\n(iii) the child or young person engaging in conduct that would seriously threaten the security or stability of the youth justice custodial centre; and\n\n(b) all other reasonably practicable behavioural, relational or therapeutic measures have first been attempted.\n\n(2) The use of force in relation to a child or young person who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit is prohibited unless—\n\n(a) the youth justice custodial officer believes on reasonable grounds that force is necessary—\n\n(i) to prevent or respond to an immediate threat of the child or young person harming themselves or any other person or damaging property; or\n\n(ii) to prevent or respond to an immediate threat of the child or young person escaping or attempting to escape the custody of the youth justice custodial officer; or\n\n(iii) to effect the safe and secure transport or transfer of the child or young person in accordance with the relevant transfer authority or temporary leave permit (as the case requires); and\n\n(b) all other reasonably practicable behavioural, relational or therapeutic measures have first been attempted.\n\n(3) The use of force in relation to a child or young person held in custody in a youth justice custodial centre is not prohibited if it is otherwise authorised by or under this Act or any other Act or at common law.\n\n(4) The use of force in relation to a child or young person who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit is not prohibited if it is otherwise authorised by or under this Act or any other Act or at common law.\n\nDivision 5 and sections 521 and 523 apply to a use of force under this Part in relation to a child or young person held in custody in a youth justice custodial centre, who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit.\n\n","sortOrder":469},{"sectionNumber":"476","sectionType":"section","heading":"Prohibited physical restraint techniques","content":"\t476 Prohibited physical restraint techniques\n\n(1) Each of the following is prohibited in relation to a child or young person held in custody in a youth justice custodial centre—\n\n(a) the use of a physical restraint technique for the purpose of restraining, restricting or inhibiting the child's or young person's respiratory or digestive function;\n\n(b) the use of a physical restraint technique for the purpose of inflicting pain to compel compliance, including by the hyperextension of joints or applying pressure to the child's or young person's chest or joints;\n\n(c) the use of any other prescribed prohibited physical restraint technique.\n\n(2) Each of the following is prohibited in relation to a child or young person who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit—\n\n(a) the use of a physical restraint technique for the purpose of restraining, restricting or inhibiting the child's or young person's respiratory or digestive function;\n\n(b) the use of a physical restraint technique for the purpose of inflicting pain to compel compliance, including by the hyperextension of joints or applying pressure to the child's or young person's chest or joints;\n\n(c) the use of any other prescribed prohibited physical restraint technique.\n\n","sortOrder":470},{"sectionNumber":"477","sectionType":"section","heading":"Use of instruments of restraint prohibited except in certain circumstances","content":"\t477 Use of instruments of restraint prohibited except in certain circumstances\n\n(1) The use of an instrument of restraint is prohibited in relation to a child or young person held in custody in a youth justice custodial centre unless—\n\n(b) a youth justice custodial officer believes on reasonable grounds that the use of an instrument of restraint is necessary to prevent or respond to an immediate threat of—\n\n(i) the child or young person harming themselves or any other person or damaging property; or\n\n(ii) the child or young person escaping or attempting to escape from the youth justice custodial centre; or\n\n(iii) the child or young person engaging in conduct that would seriously threaten the security or stability of the youth justice custodial centre; and\n\nRioting or other disturbances.\n\n(c) all other reasonably practicable behavioural, relational or therapeutic measures have first been attempted.\n\n(2) The use of an instrument of restraint is prohibited in relation to a child or young person in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit unless—\n\n(b) the youth justice custodial officer believes on reasonable grounds that force is necessary—\n\n(i) to prevent or respond to an immediate threat of the child or young person harming themselves or any other person or damaging property; or\n\n(ii) to prevent or respond to an immediate threat of the child or young person escaping or attempting to escape the custody of the youth justice custodial officer; or\n\n(iii) to effect the safe and secure transport or transfer of the child or young person, in accordance with the relevant transfer authority or temporary leave permit (as the case requires); and\n\n(c) all other reasonably practicable behavioural, relational or therapeutic measures have first been attempted.\n\n(3) The use of an instrument of restraint (other than a spit hood) by a youth justice custodial officer in relation to a child or young person held in custody in a youth justice custodial centre is not prohibited if—\n\n(a) the youth justice custodial officer is otherwise authorised to use that instrument of restraint by or under this Act or any other Act or at common law; and\n\n(b) the youth justice custodial officer uses the instrument of restraint in accordance with that other authorisation.\n\n(4) The use of an instrument of restraint (other than a spit hood) by a youth justice custodial officer in relation to a child or young person who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit is not prohibited if—\n\n(a) the youth justice custodial officer is otherwise authorised to use that instrument of restraint by or under this Act or any other Act or at common law; and\n\n(b) the youth justice custodial officer uses the instrument of restraint in accordance with that other authorisation.\n\nDivision 5 and sections 521 and 523 apply to a use of force under this Part in relation to a child or young person held in custody in a youth justice custodial centre, who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit.\n\nDivision 3—Isolation\n\n\t478 Meaning of *isolation*\n\n(1) For the purposes of this Part—\n\n***isolation*** means the placement of a child or young person in a locked room or other contained area—\n\n(a) separated from other children and young persons held in custody in the youth justice custodial centre; and\n\n(b) separated from the normal routine of the youth justice custodial centre.\n\n(2) Without limiting subsection (1), a child or young person is not in isolation if the child or young person is participating in, or has the opportunity to participate in, the normal routine of the youth justice custodial centre but separate from other children and young persons held in custody in the youth justice custodial centre.\n\n","sortOrder":471},{"sectionNumber":"479","sectionType":"section","heading":"Solitary confinement prohibited","content":"\t479 Solitary confinement prohibited\n\n(1) Despite anything to the contrary in this Act or any other Act, the use of solitary confinement in relation to a child or young person held in custody in a youth justice custodial centre is prohibited.\n\n***solitary confinement***, in relation to a child or young person,  means the physical  isolation of the child or young person for 22 or more hours in a 24 hour period, without minimum meaningful human contact required under section 487.\n\n","sortOrder":472},{"sectionNumber":"480","sectionType":"section","heading":"Isolation prohibited unless authorised by Commissioner for Youth Justice","content":"\t480 Isolation prohibited unless authorised by Commissioner for Youth Justice\n\nThe use of isolation in relation to any child or young person held in custody in a youth justice custodial centre is prohibited unless it has been authorised by the Commissioner for Youth Justice in accordance with section 481 or 482.\n\n","sortOrder":473},{"sectionNumber":"481","sectionType":"section","heading":"Commissioner for Youth Justice may authorise placing of child or young person in isolation","content":"\t481 Commissioner for Youth Justice may authorise placing of child or young person in isolation\n\n(1) Subject to subsection (3), the Commissioner for Youth Justice may authorise the use of isolation in relation to a child or young person held in custody in a youth justice custodial centre if  the Commissioner for Youth Justice believes on reasonable grounds that—\n\n(a) the use of isolation is necessary—\n\n(i) to prevent or respond to an immediate threat of the child or young person harming themselves or any other person in the youth justice custodial centre, or seriously damaging property; or\n\n(ii) as part of a planned approach to support the stabilisation or moderation of the behaviour of the child or young person, having regard to any relevant medical, mental health, disability, behavioural or developmental advice; or\n\n(iii) to prevent, detect or mitigate serious risk to the health of the child or young person, or any other person present in the youth justice custodial centre, in accordance with—\n\n(A) any relevant current pandemic order under the **Public Health and Wellbeing Act 2008** relating to any infectious disease; or\n\n(B) any current recommendation made by, or current advice of, the Chief Health Officer or the Health Secretary relating to any infectious disease; or\n\n(C) any other relevant medical or mental health advice given by a registered medical practitioner; or\n\n(iv) in the interests of the security or safe operation of the youth justice custodial centre; and\n\n(b) the use of isolation is appropriate in the circumstances.\n\n(2) In deciding whether the use of isolation under subsection (1) is appropriate, the Commissioner for Youth Justice, to the extent reasonably practicable, must have regard to the child's or young person's individual characteristics and background including—\n\n(a) age, maturity and stage of development; and\n\n(b) gender; and\n\n(c) cultural background or status as an Aboriginal child or young person; and\n\n(d) physical and mental health; and\n\n(e) disability; and\n\n(f) history of trauma, placement in out of home care or family violence.\n\n(3) The Commissioner for Youth Justice must not authorise the use of isolation under this section unless the Commissioner is satisfied that all other reasonably practicable behavioural, relational, therapeutic or alternative measures have first been attempted.\n\n","sortOrder":474},{"sectionNumber":"482","sectionType":"section","heading":"Commissioner for Youth Justice may authorise placing of group or class of children or young persons in isolation","content":"\t482 Commissioner for Youth Justice may authorise placing of group or class of children or young persons in isolation\n\n(1) Subject to subsection (2), the Commissioner for Youth Justice may authorise the use of isolation in relation to a group or class of children or young persons held in custody in a youth justice custodial centre if  the Commissioner for Youth Justice believes on reasonable grounds that the use of isolation is necessary in the interests of the security or safe operation of the youth justice custodial centre.\n\n(2) The Commissioner for Youth Justice must not authorise the use of isolation under this section unless the Commissioner is satisfied that all other reasonably practicable behavioural, relational, therapeutic or alternative measures have first been attempted.\n\n","sortOrder":475},{"sectionNumber":"483","sectionType":"section","heading":"Commissioner for Youth Justice must determine isolation period for individual child or young person","content":"\t483 Commissioner for Youth Justice must determine isolation period for individual child or young person\n\n(1) If the Commissioner for Youth Justice authorises the use of isolation under section 481, the Commissioner must also determine the period of isolation for the child or young person.\n\n(2) The period of isolation must be the shortest time necessary for the child or young person in all the circumstances.\n\n(3) In determining the period of isolation for the child or young person, the Commissioner for Youth Justice must, to the extent reasonably practicable, have regard to the individual characteristics and background of the child or young person, including—\n\n(a) age, maturity and stage of development; and\n\n(b) gender; and\n\n(c) cultural background or status as an Aboriginal child or young person; and\n\n(d) physical and mental health; and\n\n(e) disability; and\n\n(f) history of trauma, placement in out of home care or family violence.\n\n","sortOrder":476},{"sectionNumber":"484","sectionType":"section","heading":"Commissioner for Youth Justice must determine isolation period for group or class of children or young persons","content":"\t484 Commissioner for Youth Justice must determine isolation period for group or class of children or young persons\n\n(1) If the Commissioner for Youth Justice authorises the use of isolation under section 482, the Commissioner must also determine the period of isolation for the group or class of children or young persons.\n\n(2) The period of isolation must be the shortest time necessary for the group or class in all the circumstances.\n\n","sortOrder":477},{"sectionNumber":"485","sectionType":"section","heading":"Reasonable force","content":"\t485 Reasonable force\n\nIf necessary, reasonable force may be used to place a child or young person in isolation.\n\nDivision 5 and sections 521 and 523 apply to any use of force under this Part.\n\n","sortOrder":478},{"sectionNumber":"486","sectionType":"section","heading":"Supervision, observation and meaningful human contact while in isolation","content":"\t486 Supervision, observation and meaningful human contact while in isolation\n\nThe Commissioner for Youth Justice must supervise and observe any child or young person who is in isolation—\n\n(a) in accordance with the regulations; and\n\n(b) in accordance with the minimum requirements published under section 487.\n\n","sortOrder":479},{"sectionNumber":"487","sectionType":"section","heading":"Minimum requirements for meaningful human contact during isolation","content":"\t487 Minimum requirements for meaningful human contact during isolation\n\n(1) The Secretary must prepare minimum requirements for meaningful human contact with any child or young person placed in isolation in a youth justice custodial centre.\n\n(2) The Secretary must publish the minimum requirements prepared under subsection (1) on the Department's Internet site.\n\n(3) The Secretary may review and amend minimum requirements published under subsection (2).\n\n(4) If the Secretary amends the minimum requirements published under subsection (2), the Secretary must publish the amended requirements on the Department's Internet site.\n\n(5) A youth justice custodial officer must comply with the minimum requirements published on the Department's Internet site.\n\n","sortOrder":480},{"sectionNumber":"488","sectionType":"section","heading":"Review of isolation period","content":"\t488 Review of isolation period  \n\nThe Commissioner for Youth Justice must review a period of isolation determined under section 483 or 484 in accordance with any prescribed requirements.\n\n","sortOrder":481},{"sectionNumber":"489","sectionType":"section","heading":"Ending isolation period for individual child or young person","content":"\t489 Ending isolation period for individual child or young person\n\n(1) The Commissioner for Youth Justice must immediately end the isolation period for a child or young person placed in isolation under section 481 if the Commissioner believes on reasonable grounds that the use of isolation for that child or young person is—\n\n(a) no longer necessary; or\n\n(b) no longer appropriate.\n\n(2) Subsection (1) applies whether or not the period of isolation determined under section 483 has ended.\n\n","sortOrder":482},{"sectionNumber":"490","sectionType":"section","heading":"Ending isolation period for group or class of children or young persons","content":"\t490 Ending isolation period for group or class of children or young persons\n\n(1) The Commissioner for Youth Justice must immediately end the isolation period for a group or class of children or young persons placed in isolation under section 482 if the Commissioner believes on reasonable grounds that the use of isolation for that group or class is no longer necessary.\n\n(2) Subsection (1) applies whether or not the period of isolation determined under section 484 has ended.\n\n","sortOrder":483},{"sectionNumber":"491","sectionType":"section","heading":"Actions after placing the child or young person in isolation","content":"\t491 Actions after placing the child or young person in isolation\n\n(1) As soon as reasonably practicable after any child or young person is placed in isolation, a youth justice custodial officer—\n\n(a) must inform the child or young person of the reason for being placed in isolation; and\n\n(b) if the child or young person is reasonably suspected of requiring medical attention, or if the child or young person requests medical attention, must ensure that the child or young person—\n\n(i) is examined by a health practitioner; and\n\n(ii) receives the medical attention and mental health care the child or young person requires; and\n\n(c) if the child or young person requests, must notify a parent of the child or young person that the child or young person has been placed in isolation; and\n\n(d) in the case of an Aboriginal child or young person, must offer the child or young person the opportunity to be seen by or to contact—\n\n(i) a support person or support provider, including an Aboriginal organisation or a member of the child's or young person's  Aboriginal community as requested by the child or young person; or\n\n(e) in any case, must offer the child or young person the opportunity to contact and be seen by a support person, support provider or member of the child's or young person's family.\n\n(2) A health practitioner who carries out an examination under subsection (1)(b) must record any clinical observations made during the examination.\n\n(3) Despite subsection (1)(c), a youth justice custodial officer is not required to notify a parent of the child or young person if—\n\n","sortOrder":484},{"sectionNumber":"492","sectionType":"section","heading":"Child or young person to be informed about actions required and complaints after being placed in isolation","content":"\t492 Child or young person to be informed about actions required and complaints after being placed in isolation\n\nAs soon as reasonably practicable after any child or young person is placed in isolation, a youth justice custodial officer must inform the child or young person—\n\n(a) that the child or young person has the right to complain about the use of isolation to the Secretary, and the process for making a complaint; and\n\n(b) that the child or young person may complain to an oversight entity about the use of isolation, and the process for making a complaint; and\n\n(c) about the requirements for examination by a health practitioner under section 491(1)(b); and\n\n(d) that the child or young person is entitled to request that a parent be notified; and\n\n(e) in the case of an Aboriginal child or young person, about the requirements set out in section 491(1)(d); and\n\n(f) in any case, about the requirements set out in section 491(1)(e).\n\n","sortOrder":485},{"sectionNumber":"493","sectionType":"section","heading":"Rights of children and young persons placed in isolation","content":"\t493 Rights of children and young persons placed in isolation\n\n(1) In addition to the custodial rights, all children and young persons have the following rights when in isolation—\n\n(a) the child or young person has the right to access open air and outdoors for a minimum of one hour each day;\n\n(b) the child or young person has the right to timely information about the expected duration of the period of isolation and any changes relating to the child's or young person's isolation;\n\n(c) any prescribed right.\n\n(2) The Commissioner for Youth Justice may determine not to give effect to a right referred to in subsection (1) in an individual case if—\n\n(a) it would not be safe for the Commissioner to give effect to that right; or\n\n(b) the Commissioner is not reasonably able to give effect to that right; or\n\n(c) the child or young person declines to receive the right.\n\n(3) In determining not to give effect to a right referred to in subsection (1), the Commissioner for Youth Justice must consider—\n\n(a) all reasonably available alternative means of meeting the right, including through the assistance of all reasonably available technology; and\n\n(b) the child's or young person's individual risks, needs and wellbeing; and\n\n(c) the security of the youth justice custodial centre; and\n\n(d) the safety, health and wellbeing of other children and young persons in the youth justice custodial centre, staff and any other person present at the youth justice custodial centre, having regard to any relevant medical, mental health, disability, behavioural or developmental advice; and\n\n(e) any applicable official health or mental health directive.\n\n(4) Nothing in this section affects the application of the custodial rights to a child or young person who is in isolation.\n\nDivision 4—Search of child or young person held in custody in a youth justice custodial centre or of youth justice custodial centre\n\n","sortOrder":486},{"sectionNumber":"494","sectionType":"section","heading":"Search of child or young person on entering or leaving a youth justice custodial centre","content":"\t494 Search of child or young person on entering or leaving a youth justice custodial centre\n\n(1) A child or young person held in custody in a youth justice custodial centre who enters or leaves a youth justice custodial centre, if asked, must submit to—\n\n(a) a screening search; and\n\n(2) A child or young person must not be asked under this section to submit to—\n\n(b) a search of the body cavities.\n\nAn unclothed search may be authorised under section 497.\n\n","sortOrder":487},{"sectionNumber":"495","sectionType":"section","heading":"Commissioner for Youth Justice may order search","content":"\t495 Commissioner for Youth Justice may order search\n\n(1) If the Commissioner for Youth Justice is of the opinion that it is necessary to do so in the interests of the safety, security or stability of a youth justice custodial centre or the children and young persons held in custody in the youth justice custodial centre, the Commissioner may order at any time that a youth justice custodial officer—\n\n(a) search any part of the youth justice custodial centre; or\n\n(b) carry out a pat-down search or a screening search of any child or young person held in custody in the youth justice custodial centre; or\n\n(c) search and examine any thing in the youth justice custodial centre.\n\n(2) A child or young person must not be asked under this section to submit to—\n\n(b) a search of the body cavities.\n\nAn unclothed search may be authorised under section 497.\n\n","sortOrder":488},{"sectionNumber":"496","sectionType":"section","heading":"Search of area ordered under section 495","content":"\t496 Search of area ordered under section 495\n\nA youth justice custodial officer conducting a search of any area within a youth justice custodial centre under section 495—\n\n(a) having regard to the decency, dignity and privacy of a child or young person whose room or belongings are being searched must—\n\n(i) conduct the search expeditiously; and\n\n(ii) leave the room or belongings in as close as possible to the same condition in which that room or those belongings were found at the commencement of the search; and\n\n(b) must conduct the search in compliance with any prescribed requirement.\n\n","sortOrder":489},{"sectionNumber":"497","sectionType":"section","heading":"Unclothed search of child or young person held in custody in a youth justice custodial centre","content":"\t497 Unclothed search of child or young person held in custody in a youth justice custodial centre\n\n(1) The unclothed search of a child or young person held in custody in a youth justice custodial centre is prohibited unless it has been authorised by the Commissioner for Youth Justice in accordance with this section.\n\n(2) Subject to subsection (3), the Commissioner for Youth Justice may authorise an unclothed search of a child or young person held in custody in a youth justice custodial centre if the Commissioner believes on reasonable grounds that—\n\n(a) the child or young person has concealed something on their body; and\n\n(b) an unclothed search to locate any concealed thing is necessary in the interests of—\n\n(i) the security of the youth justice custodial centre; or\n\n(ii) the health, safety or wellbeing of the child or young person who would be the subject of the search or any other person in the youth justice custodial centre; and\n\n(c) the unclothed search is necessary as a last resort having regard to  the child's or young person's individual characteristics and background including—\n\n(3) The Commissioner for Youth Justice must not authorise an unclothed search unless the Commissioner is satisfied that all of the following search methods have first been considered and used if safe to do so—\n\n(a) a screening search, including a screening search conducted with the assistance of all reasonably available technology;\n\n","sortOrder":490},{"sectionNumber":"498","sectionType":"section","heading":"Use of reasonable force for unclothed searches must be authorised","content":"\t498 Use of reasonable force for unclothed searches must be authorised\n\n(1) A youth justice custodial officer must not use reasonable force to carry out an unclothed search unless the use of force is authorised by the Commissioner for Youth Justice.\n\n(2) The Commissioner for Youth Justice may only authorise the use of force to carry out an unclothed search as a last resort if it is necessary to prevent or respond to a serious and immediate threat to the safety of the child or young person or any other person.\n\n(3) The youth justice custodial officer may only use as much force as is reasonably necessary to conduct the unclothed search.\n\nDivision 5 and sections 521 and 523 apply to any use of force by a youth justice custodial officer under this Part.\n\n","sortOrder":491},{"sectionNumber":"499","sectionType":"section","heading":"General requirements for conducting search of a child or young person held in custody in a youth justice custodial centre","content":"\t499 General requirements for conducting search of a child or young person held in custody in a youth justice custodial centre\n\n(1) This section applies to any of the following searches conducted under this Division of a child or young person held in custody in a youth justice custodial centre—\n\n(a) a pat-down search;\n\n(b) a screening search;\n\n(c) an unclothed search.\n\n\t(2) Any search of a child or young person must be the least intrusive kind of search that is necessary and reasonable in the circumstances.\n\n(3) A search must be conducted expeditiously and sensitively having regard to—\n\n(a) promoting the rights and interests of the child or young person being searched, including the child's or young person's decency, dignity and privacy; and\n\n(b) the child's or young person's individual characteristics and background including—\n\n(c) the need to minimise causing trauma, distress or other harm to the child or young person who is being searched.\n\n(4) Before conducting a search of a child or young person, a youth justice custodial officer must inform the child or young person—\n\n(a) of the youth justice custodial officer's authority to conduct the search and the reasons for conducting the search; and\n\n(b) that the child or young person has the right to complain about the conduct of the search to the Secretary, and the process for making a complaint; and\n\n(c) that the child or young person may complain to an oversight entity about the conduct of the search, and the process for making a complaint.\n\n(5) Before conducting the search, a youth justice custodial officer who is to conduct the search must ask the child or young person if they have in their possession any prohibited item.\n\n(6) If the child or young person does have in their possession a prohibited item referred to subsection (5)—\n\n(a) if the youth justice custodial officer considers it safe to do so, the must ask the child or young person to produce the item; or\n\n(b) otherwise, the youth justice custodial officer may seize the item.\n\n(7) A youth justice custodial officer must not undertake a search of a child or young person held in custody in a youth justice custodial centre unless the officer is appropriately trained to conduct that kind of search of a child or young person.\n\n(8) A youth justice custodial officer carrying out a search of a child or young person held in custody in a youth justice custodial centre must comply with any other prescribed requirement.\n\n","sortOrder":492},{"sectionNumber":"500","sectionType":"section","heading":"Sex or gender identity of officer conducting pat-down search or unclothed search of child or young person","content":"\t500 Sex or gender identity of officer conducting pat-down search or unclothed search of child or young person\n\n(1) Unless subsection (2) applies, if a pat-down search or an unclothed search is to be conducted of a child or young person—\n\n(a) the youth justice custodial officer conducting the search must be of the same sex as the child or young person; and\n\n(b) in the case of an unclothed search, the other youth justice custodial officer required under section 501(2) to be present for the search must also be of the same sex as the child or young person, unless—\n\n(i) there are exceptional circumstances and the search is urgently required; and\n\n(ii) a youth justice custodial officer of the same sex is not available.\n\n(2) If a pat-down search or an unclothed search is to be conducted of a child or young person whose gender identity does not correspond to their sex designated at birth, to the extent that it is reasonably practicable and safe to do so—\n\n(a) the youth justice custodial officer conducting the search must be of the sex or gender identity nominated by the child or young person; and\n\n(b) in the case of an unclothed search, the other youth justice custodial officer required under section 501(2) to be present for the search must also be of the sex or gender identity nominated by the child or young person, unless—\n\n(i) there are exceptional circumstances and the search is urgently required; or\n\n(ii) a youth justice custodial officer of the nominated sex or gender identity is not available.\n\n(3) A pat-down search or unclothed search of any child or young person must be conducted in a way that is sensitive to and respectful of the sex or gender identity of the child or young person.\n\n","sortOrder":493},{"sectionNumber":"501","sectionType":"section","heading":"Additional requirements for conduct of unclothed searches","content":"\t501 Additional requirements for conduct of unclothed searches\n\n(1) A child or young person must not be fully unclothed at any time while an unclothed search is being carried out, unless there are exceptional circumstances.\n\n(2) An unclothed search must be conducted in the presence of another youth justice custodial officer.\n\n(3) An unclothed search must be conducted in a private place, with privacy for the child or young person being searched, and not in the presence of any other child or young person, unless there are exceptional circumstances.\n\n(4) After completion of the search, the child or young person must be allowed to re-dress in private, unless there are exceptional circumstances.\n\n","sortOrder":494},{"sectionNumber":"502","sectionType":"section","heading":"Actions after completion of an unclothed search","content":"\t502 Actions after completion of an unclothed search\n\n(1) As soon as reasonably practicable but not more than 12 hours after the completion of an unclothed search a youth justice custodial officer—\n\n(a) must ensure that, if the child or young person consents, the child or young person is examined by a health practitioner  and receives the medical attention and mental health care the child or young person requires; and\n\n(b) if the child or young person consents, must notify a parent of the child or young person that the unclothed search has taken place; and\n\n(c) in the case of an Aboriginal child or young person, must ensure that, if the child or young person consents, the child or young person is seen by—\n\n(i) a support person or support provider, including an Aboriginal organisation or a member of the child's or young person's  Aboriginal community as requested by the child or young person; or\n\n(d) in any case, must offer the child or young person the opportunity to contact and be seen by a support person, support provider or member of the child's or young person's family.\n\n(2) A health practitioner who carries out an examination under subsection (1)(a) must record any clinical observations made during the examination.\n\n(3) Despite subsection (1)(b), a youth justice custodial officer is not required to notify a parent of the child or young person if—\n\n","sortOrder":495},{"sectionNumber":"503","sectionType":"section","heading":"Child or young person to be informed about complaints and actions required after completion of unclothed search","content":"\t503 Child or young person to be informed about complaints and actions required after completion of unclothed search\n\nAs soon as reasonably practicable but not more than 12 hours after the completion of an unclothed search, a youth justice custodial officer must inform the child or young person—\n\n(a) that the child or young person has the right to complain to the Secretary about the conduct of the unclothed search, and the process for making a complaint; and\n\n(b) that the child or young person may complain to an oversight entity about the conduct of the unclothed search, and the process for making a complaint; and\n\n(c) about the requirements under section 502—\n\n(d) in the case of an Aboriginal child or young person, about the requirements of section 502(1)(c); and\n\n(e) in any case, about the requirements of section 502(1)(d).\n\n","sortOrder":496},{"sectionNumber":"504","sectionType":"section","heading":"Commissioner for Youth Justice may order search to be terminated","content":"\t504 Commissioner for Youth Justice may order search to be terminated\n\nThe Commissioner for Youth Justice may order at any time that a search under this Division be terminated.\n\n","sortOrder":497},{"sectionNumber":"504A","sectionType":"section","heading":"Publication of information—unclothed searches","content":"\t504A Publication of information—unclothed searches\n\nThe Commissioner for Youth Justice must cause to be published on the Department's Internet site at the end of every 12 month period the number of unclothed searches carried out under this Division during that 12 month period.\n\nDivision 5—General requirements applying to use of force\n\n","sortOrder":498},{"sectionNumber":"505","sectionType":"section","heading":"General requirements applying to use of force","content":"\t505 General requirements applying to use of force\n\n(1) This section applies in respect of any use of force that is permitted by or under this Part in relation to a child or young person—\n\n(a) held in custody in a youth justice custodial centre; or\n\n(b) who is in the custody of a youth justice custodial officer under a transfer authority; or\n\n(c) who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit.\n\n(2) Each of the following apply in relation to the use of force in relation to a child or young person—\n\n(c) the youth justice custodial officer using force in relation to the child or young person must—\n\n(ii) continuously assess the need for and manner of that use of force, and modify the use of force as required;\n\n(d) to the extent reasonably practicable in the circumstances, a youth justice custodial officer using force on a child or young person must have regard to the child's or young person's physical stature and individual characteristics and background including—\n\n(i) an oral warning must be given to the child or young person before force is used; and\n\n(ii) if safe to do so, the child or young person must be given reasonable time to comply with the warning;\n\n(f) in the case of use of an instrument of restraint, the child or young person must be closely supervised while subject to the restraint.\n\n(3) A youth justice custodial officer must not use force unless the officer is appropriately trained in relation to the use of physical intervention techniques on children and young persons.\n\n","sortOrder":499},{"sectionNumber":"506","sectionType":"section","heading":"Actions to be taken after child or young person subjected to any use of force","content":"\t506 Actions to be taken after child or young person subjected to any use of force\n\n(1) This section and section 507 apply in respect of any use of force in relation to a child or young person—\n\n(a) held in custody in a youth justice custodial centre; or\n\n(b) who is in the custody of a youth justice custodial officer under a transfer authority; or\n\n(c) who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit.\n\n\t(2) If a child or young person is reasonably suspected of being injured or having been injured in the course of the use of force or the child or young person otherwise requests medical attention or examination after being subject to the use of force, as soon as reasonably practicable after that use of force a youth justice custodial officer must ensure that—\n\n(a) the child or young person is examined by a health practitioner; and\n\n(b) the child or young person receives the medical attention and mental health care that the child or young person requires.\n\n(3) A health practitioner who carries out an examination under subsection (2) must record any clinical observations made during the examination.\n\n(4) A youth justice custodial officer must notify a parent of a child or young person subjected to the use of force as soon as reasonably practicable after the use of force if—\n\n(a) the child or young person is injured; or\n\n(b) the child or young person requests that a parent be notified.\n\n(5) As soon as reasonably practicable after a child or young person is subjected to the use of force, a youth justice custodial officer must offer the child or young person the opportunity to contact or be seen by—\n\n(a) in the case of an Aboriginal child or young person—\n\n(i) a support person or support provider, including an Aboriginal organisation or a member of the child's or young person's  Aboriginal community as requested by the child or young person; or\n\n(b) in any case, a support person, support provider or member of the child's or young person's family.\n\n(6) Despite subsection (4), a youth justice custodial officer is not required to notify a parent of the child or young person if—\n\n","sortOrder":500},{"sectionNumber":"507","sectionType":"section","heading":"Child or young person to be informed of rights to complain and requirements under this Division","content":"\t507 Child or young person to be informed of rights to complain and requirements under this Division\n\nA youth justice custodial officer must inform a child or young person who is subjected to any use of force—\n\n(a) that the child or young person has the right to complain to the Secretary about the use of force, and the process for making a complaint; and\n\n(b) that the child or young person may complain to an oversight entity about the use of force, and the process for making a complaint; and\n\n(c) about the requirements under section 506—\n\n(d) in the case of an Aboriginal child or young person, about the requirements of section 506(5)(a); and\n\n(e) in any case, about the requirements of section 506(5)(b).\n\nDivision 6—Search of any other person in a youth justice custodial centre\n\n","sortOrder":501},{"sectionNumber":"508","sectionType":"section","heading":"Search of any person on entering or leaving a youth justice custodial centre","content":"\t508 Search of any person on entering or leaving a youth justice custodial centre\n\n(1) Any person (whether a youth justice custodial officer, a visitor or any other person) who intends to enter or leave a youth justice custodial centre, if asked, must submit to—\n\n(a) a screening search; and\n\n(2) Subsection (1)(b) does not apply to a judge of the Supreme Court or County Court or a magistrate.\n\n(3) A person must not be asked under this section to submit to—\n\n(b) a search of the person's body cavities.\n\n(4) This section does not apply to a child or young person held in custody in a youth justice custodial centre.\n\n","sortOrder":502},{"sectionNumber":"509","sectionType":"section","heading":"Commissioner for Youth Justice may order search","content":"\t509 Commissioner for Youth Justice may order search\n\n(1) If the Commissioner for Youth Justice is of the opinion that it is necessary to do so in the interests of the safety, security or stability of a youth justice custodial centre or the children and young persons held in custody in the youth justice custodial centre, the Commissioner may order at any time that a youth justice custodial officer carry out a pat-down search or a screening search of any person in the youth justice custodial centre.\n\n(2) Subsection (1) does not apply to a judge of the Supreme Court or County Court or a magistrate.\n\n(3) A person must not be asked under this section to submit to—\n\n(b) a search of the person's body cavities.\n\n(4) This section does not apply to a child or young person held in custody in a youth justice custodial centre.\n\n\t510 General requirements for search of a person other than a child or young person detained in a youth justice custodial centre\n\n(1) This section applies to any of the following searches of a person other than a child or young person held in custody in a youth justice custodial centre—\n\n(a) a pat-down search;\n\n(b) a screening search.\n\n(2) A search of a person must be the least intrusive kind of search that is necessary and reasonable in the circumstances.\n\n(3) A search must be conducted expeditiously and sensitively having regard to—\n\n(a) promoting the rights and interests of the person being searched, including the person's decency, dignity and privacy; and\n\n(b) if the person being searched is under 18 years of age, the person's individual characteristics and background (to the extent known and reasonably practicable in the circumstances) including—\n\n(iii) cultural background or status as an Aboriginal person; and\n\n(c) the need to minimise causing trauma, distress or other harm to the person who is being searched.\n\n(4) Before a search is conducted of a person, the person must be informed—\n\n(a) of the youth justice custodial officer's authority to conduct the search and the reasons for conducting the search; and\n\n(b) that the person has the right to refuse to be searched; and\n\n(c) of the consequences of that refusal.\n\n(5) If a person consents to a search, the youth justice custodial officer who is to conduct the search must ask the person if the person has in their possession any prohibited item.\n\n(6) If the person does have in their possession a prohibited item—\n\n(a) if the youth justice custodial officer considers it safe to do so, must ask the person to produce the item; or\n\n(b) otherwise, the youth justice custodial officer may seize the item.\n\n(7) A youth justice custodial officer must not undertake a search of a person unless the officer is appropriately trained to conduct that kind of search.\n\n(8) A youth justice custodial officer carrying out a search of a person must comply with any other prescribed requirement.\n\n","sortOrder":503},{"sectionNumber":"511","sectionType":"section","heading":"Sex or gender identity of officer conducting pat-down search","content":"\t511 Sex or gender identity of officer conducting pat-down search\n\n(1) Unless subsection (2) applies, the youth justice custodial officer conducting a pat-down search of a person must be of the same sex as the person.\n\n(2) If a pat-down search is to be conducted of a person whose gender identity does not correspond to their sex designated at birth, to the extent that it is reasonably practicable and safe to do so, the youth justice custodial officer conducting the search must be of the sex or gender identity nominated by the person.\n\n(3) A pat-down search of any person must be conducted in a way that is sensitive to and respectful of the sex or gender identity of the person.\n\n","sortOrder":504},{"sectionNumber":"512","sectionType":"section","heading":"Consequences of refusal to submit to search","content":"\t512 Consequences of refusal to submit to search\n\n(a) a person is asked to submit to a search authorised to be carried out under this Division; and\n\n(b) the person does not submit to the search.\n\n(2) A youth justice custodial officer may—\n\n(a) prohibit the person from entering the youth justice custodial centre; or\n\n(b) if the person is in the youth justice custodial centre, order the person to leave the centre immediately.\n\n(3) A person must obey an order under subsection (2).\n\n","sortOrder":505},{"sectionNumber":"513","sectionType":"section","heading":"Commissioner for Youth Justice may order search of any person to be terminated","content":"\t513 Commissioner for Youth Justice may order search of any person to be terminated\n\nThe Commissioner for Youth Justice may order at any time that a search under this Division be terminated.\n\nDivision 7—Seizure\n\n","sortOrder":506},{"sectionNumber":"514","sectionType":"section","heading":"Seizure","content":"\t514 Seizure\n\n(1) In carrying out a search of a person under Division 4 or 6, a youth justice custodial officer may seize any prohibited item that is found in the person's possession or produced or seized in response to a request under section 499 or 510.\n\n(2) A youth justice custodial officer who seizes any article or thing under subsection (1) must inform the Commissioner for Youth Justice.\n\n(3) The Commissioner for Youth Justice must deal, in accordance with this Division, with any article or thing seized under this section.\n\n","sortOrder":507},{"sectionNumber":"515","sectionType":"section","heading":"Seizure Register","content":"\t515 Seizure Register\n\n(1) The Commissioner for Youth Justice must maintain a register of articles and things seized under section 514(1).\n\n(2) If an article or thing is seized during a search, the Commissioner for Youth Justice must ensure that the prescribed information is entered in the Seizure Register.\n\n","sortOrder":508},{"sectionNumber":"516","sectionType":"section","heading":"Certain seized items to be handed to police","content":"\t516 Certain seized items to be handed to police\n\n(1) If any of the following articles or things is seized under section 514, it must be handed to a police officer—\n\n(a) a weapon;\n\n(b) an explosive substance;\n\n(c) a drug of dependence;\n\n(d) any other article or thing which the person conducting the search suspects—\n\n(i) is stolen; or\n\n(ii) has been used in, or obtained as the result of, the commission of an offence.\n\n***drug of dependence*** has the same meaning as it has in the **Drugs, Poisons and Controlled Substances Act 1981**.\n\n","sortOrder":509},{"sectionNumber":"517","sectionType":"section","heading":"Manner of dealing with seized things that may be used in a legal proceeding","content":"\t517 Manner of dealing with seized things that may be used in a legal proceeding\n\nSubject to section 516, if an article or thing that may be used in a legal proceeding is seized at a youth justice custodial centre, the Commissioner for Youth Justice must ensure that—\n\n(a) the article or thing is held securely until the end of that proceeding; and\n\n(b) if the person from whom the article or thing was seized is not the owner of the article or thing—\n\n(i) the person from whom it was seized is informed whether or not it will be returned to the owner; and\n\n(ii) if the owner's name and address are known, the owner is informed whether or not it will be returned; and\n\n(c) if the person from whom the article or thing was seized is the owner of the article or thing, the person is informed whether or not it will be returned; and\n\n(d) the article or thing is otherwise dealt with in accordance with section 519.\n\n","sortOrder":510},{"sectionNumber":"518","sectionType":"section","heading":"Manner of dealing with seized money","content":"\t518 Manner of dealing with seized money\n\nIf money is seized at a youth justice custodial centre and that money is not suspected of being stolen or used in, or obtained as the result of, the commission of an offence, the money must be returned to the person from whom it was seized when the person is released from the youth justice custodial centre or the person leaves the youth justice custodial centre.\n\n","sortOrder":511},{"sectionNumber":"519","sectionType":"section","heading":"Manner of dealing with other seized articles or things","content":"\t519 Manner of dealing with other seized articles or things\n\nSubject to sections 517, 518 and 520, if an article or thing is seized at a youth justice custodial centre, the Commissioner for Youth Justice must ensure that—\n\n(a) if the person from whom the article or thing was seized is not the owner of the article or thing—\n\n(i) the person from whom it is seized is informed whether or not it will be returned to the owner; and\n\n(ii) if the owner's name and address are known, the owner is informed whether or not it will be returned; and\n\n(b) if the person from whom the article or thing was seized is the owner of the article or thing, the person is informed whether or not it will be returned; and\n\n(c) the article is dealt with in any manner that is appropriate having regard to the nature of the article, including—\n\n(i) disposing of the article or thing in accordance with section 520; or\n\n(ii) returning the article or thing; or\n\n(iii) dismantling the article or thing.\n\n","sortOrder":512},{"sectionNumber":"520","sectionType":"section","heading":"Disposal","content":"\t520 Disposal\n\n(1) The Commissioner for Youth Justice must ensure that at least 2 youth justice custodial officers carry out the disposal of an article or thing that has been seized at a youth justice custodial centre.\n\n(2) If an article or thing is disposed of, the Commissioner for Youth Justice must ensure that the prescribed details are recorded in the Seizure Register.\n\nDivision 8—Reporting and record keeping\n\n","sortOrder":513},{"sectionNumber":"521","sectionType":"section","heading":"Use of force by youth justice custodial officer must be reported","content":"\t521 Use of force by youth justice custodial officer must be reported\n\n(1) A youth justice custodial officer who uses force (including the use of physical restraint techniques and instruments of restraint) in relation to a child or young person held in custody in a youth justice custodial centre must report the use of force to the Commissioner for Youth Justice as soon as possible after that use of force.\n\n(2) A youth justice custodial officer who uses force (including the use of physical restraint techniques and instruments of restraint) in relation to a child or young person who is in that officer's custody under a transfer authority must report the use of force to the Commissioner for Youth Justice as soon as possible after that use of force.\n\n(3) A youth justice custodial officer who uses force (including the use of physical restraint techniques and instruments of restraint) in relation to a child or young person who is being escorted or supervised by that officer under a temporary leave permit must report the use of force to the Commissioner for Youth Justice as soon as possible after that use of force.\n\n(4) As soon as possible after receiving a report under this section, the Commissioner for Youth Justice must report the use of force by the youth justice custodial officer to the Secretary.\n\n","sortOrder":514},{"sectionNumber":"522","sectionType":"section","heading":"Use of isolation must be reported","content":"\t522 Use of isolation must be reported\n\n(1) A youth justice custodial officer who places any child or young person held in custody in a youth justice custodial centre into isolation must report this to the Commissioner for Youth Justice as soon as possible after placing the child or young person into isolation.\n\n(2) As soon as possible after receiving a report under subsection (1), the Commissioner for Youth Justice must report the taking of the action by the youth justice custodial officer to the Secretary.\n\n","sortOrder":515},{"sectionNumber":"523","sectionType":"section","heading":"Use of Force Register","content":"\t523 Use of Force Register\n\n(1) The Commissioner for Youth Justice must establish and keep a Use of Force Register in accordance with this section.\n\n(2) The Use of Force Register must include the following information in relation to every use of force under this Part (including the use of physical restraint techniques and instruments of restraint) by a youth justice custodial officer in relation to a child or young person—\n\n(a) information about and the characteristics of the child or young person in relation to whom force was used including—\n\n(b) the following information about and circumstances of the use of force, physical restraint techniques or instrument of restraint—\n\n(i) the name and role of the person who initiated the use of force and any other person involved in the use of force;\n\n(ii) if authorisation was required for the use of force, the name and role of the person who gave the authorisation;\n\n(iii) the reason for the use of force;\n\n(iv) the details of other measures that were first attempted before force was used (as applicable);\n\n(v) if the force was used in relation to an Aboriginal child or young person, whether the child or young person was offered or received cultural support;\n\n(c) whether the child or young person was examined by a health practitioner  and received medical attention and mental health care;\n\n(d) any other prescribed information.\n\n","sortOrder":516},{"sectionNumber":"524","sectionType":"section","heading":"Isolations Register","content":"\t524 Isolations Register\n\n(1) The Commissioner for Youth Justice must establish and keep an Isolations Register in accordance with this section.\n\n(2) The Isolations Register must include the following information in relation to every use of isolation in relation to a child or young person held in custody in a youth justice custodial centre—\n\n(a) information about and the characteristics of the child or young person who was placed in isolation including—\n\n(b) the following information about and circumstances of the isolation—\n\n(i) the time at which the isolation period started and the time at which it ended;\n\n(ii) the location where the child or young person was isolated;\n\n(iii) the name and role of the person who authorised the use of isolation and the name and role of any other person involved in the placement of the child or young person in isolation;\n\n(iv) the reason for the use of isolation, including the purpose for which it was authorised;\n\n(v) the details of any reasonably practicable behavioural, relational, therapeutic or alternative measures that were first attempted;\n\n(vi) the frequency of observations during the period of isolation;\n\n(vii) if an Aboriginal child or young person was placed in isolation, whether the child or young person was offered or received cultural support;\n\n(viii) if the child or young person was placed in isolation as part of a group or class of children or young persons placed in isolation under section 482, a description of that group or class;\n\n(c) whether the child or young person was examined by a health practitioner  and received medical attention and mental health care;\n\n(d) any other prescribed information.\n\n(3) If—\n\n(a) a parent or legal representative of a child or young person requests that the Commissioner for Youth Justice give a report of the information included on the Isolations Register in relation to the use of isolation in relation to that child or young person; and\n\n(b) the child or young person consents to the Commissioner for Youth Justice giving that report—\n\nthe Commissioner for Youth Justice must give that report as soon as reasonably practicable.\n\n(4) Despite subsection (3), the Commissioner for Youth Justice is not required to give a report to a parent if the giving of the report would not be appropriate in the circumstances.\n\nThere is a history of family violence and the giving of the report jeopardises the safety of any person.\n\n","sortOrder":517},{"sectionNumber":"524A","sectionType":"section","heading":"Publication of information from Isolations Register","content":"\t524A Publication of information from Isolations Register\n\nThe Commissioner for Youth Justice must cause to be published on the Department's Internet site the following information from the Isolations Register at the end of every 3 month period—\n\n(a) the number of times isolation was used in the preceding 3 months; and\n\n(b) for each use of isolation in the preceding 3 months—\n\n(i) the reasons for the use of isolation, including the purpose for which it was authorised; and\n\n(ii) prescribed information about the duration of the isolation.\n\n","sortOrder":518},{"sectionNumber":"525","sectionType":"section","heading":"Searches Register","content":"\t525 Searches Register\n\n(1) The Commissioner for Youth Justice must establish and keep a Searches Register in accordance with this section.\n\n(2) The Searches Register must include the following information in relation to any search conducted of a child or young person held in custody in a youth justice custodial centre or child or young person who is in custody under a transfer warrant—\n\n(a) the information about and the characteristics of the child or young person who was searched including—\n\n(b) the name and role of the person who conducted the search;\n\n(c) the name and role of all youth justice custodial officers present at any time during the search and, in the case of a pat-down search, the sex or gender identity of each of those officers;\n\n(d) the reason for conducting the search;\n\n(e) in the case of a pat-down search, the details of any screening search that was first used;\n\n(f) the location of the search;\n\n(g) the date and time of the search;\n\n(h) if any prohibited item was seized during the search, the details of that prohibited item;\n\n(3) In addition to the requirements of subsection (2), in relation to any unclothed search conducted of a child or young person held in custody in a youth justice custodial centre, the Searches Register must include the following information—\n\n(a) the name and role of the person who authorised the search;\n\n(b) the name, role and sex or gender of all youth justice custodial officers present at any time during the search;\n\n(c) the details of any screening search or  \npat-down search that was first attempted;\n\n(d) if any prohibited item was seized during the search, the details of that prohibited item;\n\n(e) whether the child or young person was examined by a health practitioner  and received medical attention and mental health care;\n\n(f) if the child or young person is an Aboriginal child or young person—\n\n(i) whether they were seen by an Aboriginal cultural support worker; and\n\n(ii) whether they were offered or received support by or from an Aboriginal organisation or a member of the child's or young person's  Aboriginal community;\n\n(g) whether the child or young person was offered or received support by or from a support person, support provider or family member;\n\n(h) any other prescribed information.\n\n(4) The Searches Register must include the following information in relation to any search of an area under this Part—\n\n(a) the date and time at which the search was conducted;\n\n(b) the name and role of any youth justice custodial officer who conducted the search;\n\n(c) the details of any prohibited item seized during the search;\n\n(d) whether any personal belongings of any child or young person held in custody in the youth justice custodial centre were damaged during the search;\n\n(e) any other prescribed information.\n\n","sortOrder":519},{"sectionNumber":"526","sectionType":"section","heading":"Inspection of Registers by Commission for Children and Young People","content":"\t526 Inspection of Registers by Commission for Children and Young People\n\nThe Commissioner for Youth Justice must make a Register required to be kept under this Division available to the Commission for Children and Young People for inspection—\n\n(a) at the end of every 3 month period in each financial year; and\n\n(b) at any other time, as requested by the Commission for Children and Young People.\n\nDivision 9—Exemption from liability\n\n","sortOrder":520},{"sectionNumber":"527","sectionType":"section","heading":"Exemption from liability","content":"\t527 Exemption from liability\n\n(1) A youth justice custodial officer is not personally liable for injury or damage caused by anything reasonably done or omitted to be done in good faith in the exercise of a power under a provision specified in subsection (2).\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 475 (use of force);\n\n(b) section 477 (use of instruments of restraint);\n\n(c) section 485 (use of force to place in isolation);\n\n(d) section 498 (use of force to conduct unclothed search).\n\n(3) Any liability for injury or damage resulting from an act or omission that, but for subsection (1), would attach to the youth justice custodial officer attaches instead to the State.\n\nPart 10.5—Offences relating to youth justice custodial centres and youth justice community service centres\n\nDivision 1—Offences relating to operation or possession of remotely piloted aircraft or helicopter\n\n\t528 Offences relating to operation or possession of remotely piloted aircraft or helicopter\n\n(1) A person, without reasonable excuse, must not intentionally or recklessly operate or attempt to operate a remotely piloted aircraft or a helicopter—\n\n(a) in any direction in the airspace above a youth justice custodial centre at or below 400 feet above ground level; and\n\n(b) in a manner that threatens or is likely to threaten the security of the youth justice custodial centre or any person in the youth justice custodial centre.\n\nPenalty: 2 years imprisonment.\n\n(2) A person, without reasonable excuse, must not possess a remotely piloted aircraft—\n\n(a) in or at a youth justice custodial centre; or\n\n(b) in any public place adjoining a youth justice custodial centre—\n\nin a manner that threatens or is likely to threaten the security of the youth justice custodial centre or any person in the youth justice custodial centre.\n\nPenalty: 2 years imprisonment.\n\n(3) A person does not contravene subsection (1) or (2) if—\n\n(a) the person operates or attempts to operate a remotely piloted aircraft or a helicopter or possesses a remotely piloted aircraft—\n\n(i) in accordance with this Act or the regulations; or\n\n(ii) in accordance with an authorisation given by the Commissioner for Youth Justice under section 530; or\n\n(iii) in accordance with a law of the Commonwealth; or\n\n(iv) for the purposes of law enforcement by a law enforcement agency; or\n\n(v) for the purposes of an emergency or recovery from an emergency under the **Emergency Management Act 2013**; or\n\n(b) the person is a prescribed person or a person belonging to a prescribed class of persons.\n\n(4) If a youth justice custodial officer believes on reasonable grounds that a person has committed an offence against subsection (1) or (2), the youth justice custodial officer may apprehend the person without warrant.\n\n(5) A youth justice custodial officer who has apprehended a person in accordance with subsection (4) must deliver the person into the custody of a police officer as soon as possible to be dealt with according to law.\n\n(6) The **Crimes Act 1958** (except section 458(1) and (2) of that Act) applies to the apprehension of a person under this section as if the person were found committing an offence within the meaning of section 458(1)(a) of that Act.\n\n(7) If a provision of this section is inconsistent with a law of the Commonwealth, the law of the Commonwealth prevails to the extent of the inconsistency.\n\n(8) In this section—\n\n***law enforcement agency*** means—\n\n(a) Victoria Police; or\n\n(b) the Australian Federal Police.\n\n","sortOrder":521},{"sectionNumber":"529","sectionType":"section","heading":"Youth justice custodial officer may order person to leave public place adjoining youth justice custodial centre","content":"\t529 Youth justice custodial officer may order person to leave public place adjoining youth justice custodial centre\n\n(1) If a youth justice custodial officer believes on reasonable grounds that a person is committing or has committed an offence against section 528(1) or (2), the youth justice custodial officer may order the person to leave any public place adjoining the youth justice custodial centre.\n\n(2) Before ordering a person to leave under subsection (1), a youth justice custodial officer  must advise the person of the reason why that person is being ordered to leave.\n\n(3) A person must not contravene an order to leave given under subsection (1).\n\n(4) If a provision of this section is inconsistent with a law of the Commonwealth, the law of the Commonwealth prevails to the extent of the inconsistency.\n\n","sortOrder":522},{"sectionNumber":"530","sectionType":"section","heading":"Commissioner for Youth Justice may give authorisation","content":"\t530 Commissioner for Youth Justice may give authorisation\n\nThe Commissioner for Youth Justice, by instrument, may authorise a person, or a class of persons, to operate or attempt to operate a remotely piloted aircraft or a helicopter or to possess a remotely piloted aircraft in or at or in any public place adjoining a youth justice custodial centre.\n\n","sortOrder":523},{"sectionNumber":"531","sectionType":"section","heading":"Search relating to operation or possession of remotely piloted aircraft or helicopter","content":"\t531 Search relating to operation or possession of remotely piloted aircraft or helicopter\n\n(1) If the Commissioner for Youth Justice believes on reasonable grounds that a person is committing or has committed an offence against section 528(1) or (2), the Commissioner for Youth Justice may order a youth justice custodial officer to conduct a search of a public place adjoining the youth justice custodial centre.\n\n(2) If a youth justice custodial officer believes on reasonable grounds that a person is committing or has committed an offence against section 528(1) or (2), the officer may conduct a search of a public place adjoining the youth justice custodial centre.\n\n(3) In conducting a search under this section, a youth justice custodial officer may—\n\n(a) search and examine a person who is reasonably believed to have committed the offence, including any thing belonging to, in the possession of or under the control of the person, including the person's vehicle; or\n\n(b) search the location at which the offence is reasonably believed to have been committed; or\n\n(c) require a person in the public place adjoining the youth justice custodial centre to submit to a search if the officer reasonably believes that a thing on the person or in the person's possession will afford evidence of the commission of the offence; or\n\n(d) search and examine any thing in the public place adjoining the youth justice custodial centre if the youth justice custodial officer reasonably believes that the thing will afford evidence of the commission of the offence; or\n\n(e) seize any thing in accordance with section 532.\n\n(4) Before carrying out a search of a person under this section, the youth justice custodial officer who is to conduct the search must—\n\n(a) inform the person of the officer's authority to conduct the search; and\n\n(b) inform the person that the person may refuse the search.\n\n(5) The Commissioner for Youth Justice may at any time terminate a search under this section.\n\n(6) A search under this section must be conducted in accordance with the regulations.\n\n","sortOrder":524},{"sectionNumber":"532","sectionType":"section","heading":"Seizure of things found in carrying out search under section 531","content":"\t532 Seizure of things found in carrying out search under section 531\n\n(1) In carrying out a search under section 531, a youth justice custodial officer may seize any one or more of the following, if the officer believes on reasonable grounds that it will afford evidence of the commission of an offence against section 528(1) or (2)—\n\n(a) any thing found on a person or in a person's possession;\n\n(b) any thing found in the public place adjoining the youth justice custodial centre.\n\n(2) A youth justice custodial officer who seizes any thing under subsection (1) must inform the Commissioner for Youth Justice.\n\n(3) The Commissioner for Youth Justice must deal with any thing seized under this section in accordance with Division 7 of Part 10.4.\n\nDivision 2—Escaping from youth justice custodial centre or other custody\n\n","sortOrder":525},{"sectionNumber":"533","sectionType":"section","heading":"Offence to escape from youth justice custodial centre or other custody","content":"\t533 Offence to escape from youth justice custodial centre or other custody\n\nA child or young person who is held in custody in a youth justice custodial centre must not escape, attempt to escape or be absent without lawful authority from—\n\n(a) the youth justice custodial centre; or\n\n(b) the legal custody of the Chief Commissioner of Police or of any police officer or youth justice custodial officer in whose legal custody the person may be.\n\n(a) in the case of a child under 15 years of age, detention in a youth justice custodial centre for 6 months;\n\n(b) in the case of a child 15 years of age or over, detention in a youth justice custodial centre for 12 months;\n\n(c) in any other case, imprisonment or detention in a youth justice custodial centre for 12 months.\n\n","sortOrder":526},{"sectionNumber":"534","sectionType":"section","heading":"Apprehension without warrant—escaping from youth justice custodial centre or other custody","content":"\t534 Apprehension without warrant—escaping from youth justice custodial centre or other custody\n\nWithout limiting section 458 of the **Crimes Act 1958**, if a police officer believes on reasonable grounds that a child or young person has committed, or is committing, an offence against section 533, the police officer may apprehend that child or young person without a warrant.\n\n","sortOrder":527},{"sectionNumber":"535","sectionType":"section","heading":"Search warrant—escaping from youth justice custodial centre or other custody","content":"\t535 Search warrant—escaping from youth justice custodial centre or other custody\n\n(1) A police officer may apply to a magistrate for the issue of a search warrant for a child or young person if the police officer believes on reasonable grounds that the child or young person has committed, or is committing, an offence against section 533.\n\n(2) If a magistrate is satisfied by evidence on oath or by affirmation (whether oral or by affidavit) that there are reasonable grounds for the belief referred to in subsection (1), the magistrate may issue a search warrant authorising the person to whom the warrant is directed—\n\n(a) to break, enter and search any place where the child or young person is suspected to be; and\n\n(b) to arrest the child or young person and bring the child or young person before a bail justice or the Children's Court as soon as practicable to be dealt with according to law.\n\n(3) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989**.\n\n(4) Subject to this Act, the rules that apply to search warrants under the **Magistrates' Court Act 1989** extend and apply to a search warrant under this section.\n\n","sortOrder":528},{"sectionNumber":"536","sectionType":"section","heading":"Placement of child—escaping from youth justice custodial centre or other custody","content":"\t536 Placement of child—escaping from youth justice custodial centre or other custody\n\nA child or young person apprehended under section 534 or by search warrant issued under section 535 may be placed in—\n\n(a) a youth justice custodial centre; or\n\n(b) a police gaol for no more than 2 working days, if it is not possible to place the child or young person in a youth justice custodial centre.\n\n","sortOrder":529},{"sectionNumber":"537","sectionType":"section","heading":"Offence to harbour or conceal child or young person","content":"\t537 Offence to harbour or conceal child or young person\n\n(1) A person, knowing that a child or young person has escaped or is absent without lawful authority from a youth justice custodial centre in which the child or young person is held in custody, must not harbour or conceal the child or young person.\n\n(2) A person, knowing that a child or young person has escaped or is absent without lawful authority from the legal custody of the Chief Commissioner of Police or of any police officer or  youth justice custodial officer in whose legal custody the child or young person may be, must not harbour or conceal the child or young person.\n\n","sortOrder":530},{"sectionNumber":"538","sectionType":"section","heading":"Offence to prevent child or young person from returning to youth justice custodial centre","content":"\t538 Offence to prevent child or young person from returning to youth justice custodial centre\n\n(1) A person, knowing that a child or young person has escaped or is absent without lawful authority from a youth justice custodial centre in which the child or young person is held in custody, must not  \n\nprevent the child or young person from returning to the youth justice custodial centre.\n\n(2) A person, knowing that a child or young person has escaped or is absent without lawful authority from the legal custody of the Chief Commissioner of Police or of any police officer or  youth justice custodial officer in whose legal custody the child or young person may be, must not prevent the child or young person from returning to that custody.\n\n","sortOrder":531},{"sectionNumber":"539","sectionType":"section","heading":"Offence to withdraw child or young person from youth justice custodial centre","content":"\t539 Offence to withdraw child or young person from youth justice custodial centre\n\nA person must not, without legal authority, directly or indirectly withdraw a child or young person from a youth justice custodial centre in which the child or young person is held in custody.\n\n","sortOrder":532},{"sectionNumber":"540","sectionType":"section","heading":"Offence to counsel or induce child or young person to escape","content":"\t540 Offence to counsel or induce child or young person to escape\n\nA person must not counsel or induce a child or young person to escape from a youth justice custodial centre in which the child or young person is held in custody.\n\nDivision 3—Other offences relating to youth justice custodial centres and youth justice community service centres\n\n","sortOrder":533},{"sectionNumber":"541","sectionType":"section","heading":"Offence to enter youth justice custodial centre or youth justice community service centre","content":"\t541 Offence to enter youth justice custodial centre or youth justice community service centre\n\nA person must not enter or attempt to enter a youth justice custodial centre or youth justice community service centre without lawful authority or reasonable excuse.\n\n\t542 Offence to communicate with child or young person in youth justice custodial centre or youth justice community service centre\n\n(1) A person, without lawful authority or reasonable excuse, must not communicate or attempt to communicate with the following persons in contravention of an instruction issued by the Commissioner for Youth Justice under subsection (2) not to do so—\n\n(2) For the purposes of subsection (1), the Commissioner for Youth Justice may issue a written instruction to any person directing the person not to communicate or attempt to communicate with the following persons in contravention of the instruction—\n\n\t543 Offence to communicate with child or young person on leave from youth justice custodial centre\n\nA person, without lawful authority or reasonable excuse, must not communicate or attempt to communicate with a child or young person who is on temporary leave from a youth justice custodial centre if—\n\n(a) the person has been warned by a youth justice custodial officer that the person is not authorised to communicate with the child or young person; and\n\n(b) despite the warning, the person continues to communicate or attempt to communicate with the child or young person; and\n\n(c) the communication threatens the security of the youth justice custodial centre or any person.\n\n","sortOrder":534},{"sectionNumber":"544","sectionType":"section","heading":"Offence to deliver or introduce certain items to youth justice custodial centre or youth justice community service centre","content":"\t544 Offence to deliver or introduce certain items to youth justice custodial centre or youth justice community service centre\n\n(1) A person, without lawful authority or reasonable excuse, must not deliver or attempt to deliver an item specified in subsection (3) to—\n\n(b) a child or young person who is attending a youth justice community service centre; or\n\n(c) a child or young person who is on temporary leave from a youth justice custodial centre.\n\n(2) A person, without lawful authority or reasonable excuse, must not introduce or attempt to introduce or cause to be introduced an item specified in subsection (3) into a youth justice custodial centre or youth justice community service centre.\n\n(3) For the purposes of subsections (1) and (2), the following are specified items—\n\n(a) any firearm, offensive weapon or other article which is capable of being used as a weapon;\n\n(b) any form of alcoholic liquor or alcoholic beverage;\n\n(c) any other prescribed item.\n\n\t545 Offence to take or receive articles or things from child or young person in youth justice custodial centre or youth justice community service centre without consent\n\nA person, without lawful authority or reasonable excuse, must not take or receive any article or thing from the following persons, without the consent of the Commissioner for Youth Justice, for the purpose of conveying or taking the article or thing away from the youth justice custodial centre or youth justice community service centre (as the case requires)—\n\n\t546 Offences to deliver or leave articles or things for introduction into youth justice custodial centre or youth justice community service centre\n\n(1) A person, without lawful authority or reasonable excuse, must not deliver or cause to be delivered any article or thing to another person for the purpose of being introduced into a youth justice custodial centre or youth justice community service centre.\n\n(2) A person, without lawful authority or reasonable excuse, must not conceal or leave in any place any article or thing for the purpose of being found or received by—\n\n\t547 Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre\n\nA person, without lawful authority or reasonable excuse, must not lurk or loiter about a youth justice custodial centre or youth justice community service centre for any of the purposes referred to in section 541, 542, 543, 544, 545 or 546*.*\n\n\t548 Offence to refuse or fail to leave youth justice custodial centre or youth justice community service centre when required to do so\n\nA person who, without lawful authority or reasonable excuse, has entered a youth justice custodial centre or youth justice community service centre, including  any building, yard or ground belonging to that centre, must not refuse or fail to leave the centre when required to do so by any person in charge of that centre for the time being.\n\n","sortOrder":535},{"sectionNumber":"549","sectionType":"section","heading":"Person may be apprehended without warrant for certain offences","content":"\t549 Person may be apprehended without warrant for certain offences\n\nA police officer who believes on reasonable grounds that a person has committed, or is committing, an offence against section 541, 542(1), 543, 544(1) or (2), 545, 546(1) or (2), 547 or 548 may apprehend that person without a warrant.\n\nPart 10.6—Change of name applications and acknowledgement of sex applications\n\nDivision 1—Approval to make change of name applications\n\n\t550 Application of Division\n\nThis Division applies despite anything to the contrary in the **Births, Deaths and Marriages Registration Act 1996**.\n\n","sortOrder":536},{"sectionNumber":"551","sectionType":"section","heading":"Offence to make a change of name application without approval","content":"\t551 Offence to make a change of name application without approval\n\n(1) A child or young person held in custody in a youth justice custodial centre must not make a change of name application to a BDM Registrar without having first obtained the written approval of the Secretary.\n\n(2) A person must not make a change of name application on behalf of a child held in custody in a youth justice custodial centre to a BDM Registrar unless the written approval of the Secretary is first obtained.\n\n\t552 Application by child or young person in youth justice custodial centre or other person for approval to make a change of name application\n\nThe following may apply to the Secretary for approval of the making of a change of name application—\n\n(a) a child or young person held in custody in a youth justice custodial centre who intends to make a change of name application;\n\n(b) a person who intends to make a change of name application on behalf of a child held in custody in a youth justice custodial centre.\n\n","sortOrder":537},{"sectionNumber":"553","sectionType":"section","heading":"Approval by Secretary to make a change of name application","content":"\t553 Approval by Secretary to make a change of name application\n\n(1) Subject to subsection (2), on an application under section 552, the Secretary may approve the making of a change of name application if the Secretary is satisfied that the change of name is in all the circumstances necessary or reasonable.\n\n(2) The Secretary must not approve the making of a change of name application if the Secretary is satisfied that the change of name would, if registered, be reasonably likely—\n\n(a) to threaten the security of a youth justice custodial centre; or\n\n(b) to jeopardise the safe custody or welfare of any person in a youth justice custodial centre; or\n\n(c) to be used to further an unlawful activity or purpose; or\n\n(d) to be regarded as offensive by a victim of crime or an appreciable sector of the community.\n\n","sortOrder":538},{"sectionNumber":"554","sectionType":"section","heading":"Copy of Secretary's approval or refusal","content":"\t554 Copy of Secretary's approval or refusal\n\n(1) If the Secretary approves the making of a change of name application, the Secretary as soon as practicable must give a copy of the approval to—\n\n(2) The Secretary must also give a copy of the approval to the Victorian BDM Registrar if—\n\n(a) the change of name application is to be made under section 25 of the **Births, Deaths and Marriages Registration Act 1996** and the applicant consents to it; or\n\n(b) the change of name application is to be made under section 26 of the **Births, Deaths and Marriages Registration Act 1996** and the child consents to it.\n\n(3) If the Secretary refuses to approve the making of a change of name application, the Secretary must give a copy of the refusal to—\n\n","sortOrder":539},{"sectionNumber":"555","sectionType":"section","heading":"Registration of name change","content":"\t555 Registration of name change\n\nThe Victorian BDM Registrar must not register a change of name under the **Births, Deaths and Marriages Registration Act 1996** if—\n\n(a) the Victorian BDM Registrar knows that the change of name application is made by a child or young person held in custody in a youth justice custodial centre, or on behalf of a child held in custody in a youth justice custodial centre; and\n\n(b) the Victorian BDM Registrar has not received a copy of the Secretary's approval under section 554.\n\n","sortOrder":540},{"sectionNumber":"556","sectionType":"section","heading":"Victorian BDM Registrar may correct Register","content":"\t556 Victorian BDM Registrar may correct Register\n\nWithout limiting section 43 of the **Births, Deaths and Marriages Registration Act 1996**, the Victorian BDM Registrar may correct the Register under that section if—\n\n(a) the name of a child or young person held in custody in a youth justice custodial centre, or a child of that person, was changed on the Register because of a change of name application; and\n\n(b) the Secretary had not approved the making of that change of name application.\n\nDivision 2—Approval to make acknowledgement of sex applications\n\n","sortOrder":541},{"sectionNumber":"557","sectionType":"section","heading":"Application of Division","content":"\t557 Application of Division\n\nThis Division applies despite anything to the contrary in the **Births, Deaths and Marriages Registration Act 1996**.\n\n","sortOrder":542},{"sectionNumber":"558","sectionType":"section","heading":"Offence to make an acknowledgement of sex application without approval","content":"\t558 Offence to make an acknowledgement of sex application without approval\n\n(1) A child or young person held in custody in a youth justice custodial centre must not make an acknowledgement of sex application to a BDM Registrar without having first obtained the written approval of the Secretary.\n\n(2) A person must not make an acknowledgement of sex application on behalf of a child held in custody in a youth justice custodial centre to a BDM Registrar unless the written approval of the Secretary is first obtained.\n\n\t559 Application by child or young person in youth justice custodial centre or other person for approval to make an acknowledgement of sex application\n\nThe following may apply to the Secretary for approval to make an acknowledgement of sex application—\n\n(a) a child or young person held in custody in a youth justice custodial centre who intends to make an acknowledgement of sex application;\n\n(b) a person who intends to make an acknowledgement of sex application on behalf of a child  held in custody in a youth justice custodial centre.\n\n","sortOrder":543},{"sectionNumber":"560","sectionType":"section","heading":"Approval by Secretary to make an acknowledgement of sex application","content":"\t560 Approval by Secretary to make an acknowledgement of sex application\n\n(1) Subject to subsection (2), on an application under section 559, the Secretary may approve the making of an acknowledgement of sex application if the Secretary is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex is in all the circumstances reasonable.\n\n(2) The Secretary must not approve the making of an acknowledgement of sex application if the Secretary is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex would be reasonably likely—\n\n(a) to threaten the security of a youth justice custodial centre; or\n\n(b) to jeopardise the safe custody or welfare of any person in a youth justice custodial centre; or\n\n(c) to be used to further an unlawful activity or purpose; or\n\n(d) to be regarded as offensive by a victim of crime or an appreciable sector of the community.\n\n","sortOrder":544},{"sectionNumber":"561","sectionType":"section","heading":"Copy of Secretary's approval or refusal","content":"\t561 Copy of Secretary's approval or refusal\n\n(1) If the Secretary approves the making of an acknowledgement of sex application, the Secretary as soon as practicable must give a copy of the approval to—\n\n(2) The Secretary must also give a copy of the approval to the Victorian BDM Registrar if—\n\n(a) the acknowledgement of sex application is to be made under section 30A or 30E of the **Births, Deaths and Marriages Registration Act 1996** and the applicant consents to it; or\n\n(b) the acknowledgement of sex application is to be made under section 30B or 30EA of the **Births, Deaths and Marriages Registration Act 1996** and the child consents to it.\n\n(3) If the Secretary refuses to approve the making of an acknowledgement of sex application, the Secretary must give a copy of the refusal to—\n\nPart 10.7—Other provisions relating to youth justice custodial centres\n\n","sortOrder":545},{"sectionNumber":"562","sectionType":"section","heading":"Detention in default of payment of a fine","content":"\t562 Detention in default of payment of a fine\n\nIf—\n\n(a) a child or young person is—\n\n(i) remanded in a youth justice custodial centre; or\n\n(ii) serving, or has been sentenced to, a period of detention in a youth justice custodial centre; and\n\n(b) a warrant to detain the child or young person in a youth justice custodial centre or a warrant to imprison the child or young person in default of payment of a fine or sum of money is delivered to the Secretary—\n\nthe Secretary may direct that the period of default be served in the youth justice custodial centre instead of in the manner specified in the warrant.\n\n","sortOrder":546},{"sectionNumber":"563","sectionType":"section","heading":"Bringing of child or young person before court","content":"\t563 Bringing of child or young person before court\n\n(1) If a court or proper officer of a court requires, by an order in the form required by the rules of court,  that a child or young person in a youth justice custodial centre be brought before the court—\n\n(a) the child or young person may be brought before the court, or be brought to another place specified in the order where facilities exist to enable the child or young person to appear before the court by audio link or audio visual link, as often as is necessary for the child or young person to be dealt with according to law or to give evidence, without a writ of habeas corpus or other writ or an order for that purpose; and\n\n(b) the child or young person must then be returned to the custody from which the child or young person was brought.\n\n(2) Subject to subsections (3) and (4), a child or young person who is removed from a youth justice custodial centre under this section is, during the time of the removal, in the legal custody of the youth justice custodial officer having the custody of that child or young person.\n\n(3) If requested to do so by the Secretary or the Commissioner for Youth Justice, a police officer may assist the officer referred to in subsection (2) in the discharge of that officer's duties under subsection (1) and, in that case, the child or young person who is removed from the youth justice custodial centre is deemed to be in the legal custody of the police officer.\n\n(4) If a child or young person is removed from a youth justice custodial centre by a protective services officer or a person authorised under section 9A(1B) of the **Corrections Act 1986** to carry out transport of a person, the child or young person who is removed is deemed to be in the legal custody of the Chief Commissioner of Police.\n\n(5) No criminal or civil proceeding may be commenced against a youth justice custodial officer, a police officer or any other person on account of the removal.\n\n","sortOrder":547},{"sectionNumber":"564","sectionType":"section","heading":"Power of police to arrest person in youth justice custodial centre","content":"\t564 Power of police to arrest person in youth justice custodial centre\n\n(1) Without limiting Subdivision (30) of Division 1 of Part III of the **Crimes Act 1958**, a police officer at any time, on the request of the Commissioner for Youth Justice, without a warrant may apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law, a child who is 18 years of age or over, or a young person who—\n\n(a) is remanded in custody, or serving a sentence of detention, in a youth justice custodial centre; and\n\n(b) is being charged with an offence alleged to have been committed—\n\n(i) in the youth justice custodial centre while remanded in custody or serving the sentence of detention; or\n\n(ii) while in the custody of the Secretary or a youth justice custodial officer.\n\n(2) In making a determination under the **Bail Act 1977** in relation to an application by the child or young person, a bail decision maker must take into account (in addition to any other requirements of that Act)—\n\n(a) whether the child or young person has engaged in conduct that threatens the safety of any person in a youth justice custodial centre or the security or stability of a youth justice custodial centre; and\n\n(b) whether the child or young person can reasonably be safely and appropriately accommodated and supported in a youth justice custodial centre.\n\n\t565 Interstate transfers of young offenders\n\nSchedule 1 sets out provisions relating to the interstate transfer of young offenders within the meaning of that Schedule.\n\n\t566 Secrecy of security arrangements\n\n(1) A person who holds or has held a specified position must not record, disclose, communicate or make use of confidential information, except to the extent that is reasonably necessary to perform a duty or function of that position, or to exercise a power of that position, under this Act or any other Act.\n\n(2) Subsection (1) does not prevent a person from—\n\n(a) giving evidence or producing a document to a court in the course of a criminal proceeding or a proceeding under this Act, even if the evidence or document contains confidential information; or\n\n(b) disclosing or communicating confidential information in accordance with the written authority of the Minister or the person to whom the information relates; or\n\n(c) disclosing or communicating confidential information to the Ombudsman or the Ombudsman's officers; or\n\n(d) disclosing or communicating confidential information to the Commission for Children and Young People if the disclosure is made to assist the Commission to perform official duties; or\n\n(e) disclosing confidential information that is a photograph to a person who holds a specified position or is a police officer or a member of the police force or service of another State or a Territory, if the disclosure is made to assist the person to perform official duties; or\n\n(f) disclosing to a police officer, member of the police force or service of another State or a Territory or an AFP member (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) information relating to a child or young person held in custody in a youth justice custodial centre, if the disclosure is made for the purpose of—\n\n(i) implementing or enforcing a preventative detention order (within the meaning of the **Terrorism (Community Protection) Act 2003**) under which the child or young person is being detained or an order for the child's or young person's detention made under a corresponding preventative detention law within the meaning of that Act; or\n\n(ii) the security or good order of the youth justice custodial centre or the safety or welfare of the child or young person; or\n\n(g) disclosing confidential information to the extent specifically authorised or required by this Act or any other Act.\n\n(3) Nothing in this section prevents the recording or accessing and using of health information in accordance with the **Health Records Act 2001**.\n\n***confidential information*** means—\n\n(a) information given to the Youth Parole Board that is not disclosed in a decision of the Board or in any reasons given by the Board for a decision of the Board; or\n\n(b) information concerning procedures or plans to be adopted or followed in a youth justice custodial centre in the event of an emergency; or\n\n(c) information concerning the management of, or the operation of security measures in, or in relation to, a youth justice custodial centre; or\n\n(d) information concerning the investigation of a contravention or possible contravention of the law by—\n\n(i) a child or young person held in custody in a youth justice custodial centre; or\n\n(ii) a youth justice custodial officer; or\n\n(e) information contained in a report given to a court or tribunal that is not disclosed in a decision of the court or tribunal or in any reasons given by the court or tribunal for a decision of the court or tribunal; or\n\n(f) information of a business, commercial or financial nature relating to the provision of services within a youth justice custodial centre, if the disclosure of that information may threaten the security, good order or safe operation of the youth justice custodial centre or the safety of any person; or\n\n(g) information, whether written or oral, that is imparted or recorded in the context of an operational and security debrief and pertains to a violent incident or other critical incident that is, or circumstances that are, the subject of the operational and security debrief, including any report, finding or recommendation arising out of the operational and security debrief;\n\n***information*** includes photographs, fingerprints, samples and results of tests;\n\n***operational and security debrief*** means a meeting with youth justice custodial officers following a violent incident or other critical incident in a youth justice custodial centre  designed to—\n\n(a) analyse the circumstances leading up to, during and immediately following the incident; and\n\n(b) review the responses of custodial staff to the incident; and\n\n(c) identify critical security risks, issues and system failures; and\n\n(d) improve operational responses to future incidents and systems of work;\n\n***specified position*** means any of the following—\n\n(d) a delegate of the Secretary;\n\n(e) a provider of support services within a youth justice custodial centre or to a child or young person held in custody in a youth justice custodial centre, including a provider of those services on a volunteer basis or under a contract of employment or otherwise;\n\n(f) a person employed as a sheriff, deputy sheriff, sheriff's officer or appointed as a deputised person under Part 2 of the **Sheriff Act 2009**;\n\n(g) a person appointed by the Minister, the Secretary or an independent body—\n\n(i) to investigate or review a youth justice custodial centre or any aspect of a youth justice custodial centre; or\n\n(ii) to visit a youth justice custodial centre or a child or young person held in custody in a youth justice custodial centre.\n\nChapter 11—Children and young persons held in police gaols or in custody of transfer officer under transfer authority\n\nPart 11.1—Rights of children in police gaols\n\n\t567 Rights of children in police gaols\n\nThe rights in this Part apply subject to, and in addition to, the rights of a child under—\n\n(a) any other Act (including the Charter of Human Rights and Responsibilities); and\n\n(b) common law.\n\n1 This Part applies in respect of a child held in custody in a police gaol under Part 2AA or 2A of the **Terrorism (Community Protection) Act 2003**. However, in the event of any inconsistency between this Part and the provisions of Part 2AA of the **Terrorism (Community Protection) Act 2003**, the relevant provisions of that Act prevail—see section 13AS of the **Terrorism (Community Protection) Act 2003**.\n\n2 In the event of any inconsistency between this Part and the provisions of Part 2A of the **Terrorism (Community Protection) Act 2003** or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of that Act or the order (as the case requires) prevail—see section 13WA of the **Terrorism (Community Protection) Act 2003**.\n\n","sortOrder":548},{"sectionNumber":"568","sectionType":"section","heading":"Chief Commissioner of Police to ensure rights are complied with","content":"\t568 Chief Commissioner of Police to ensure rights are complied with\n\nThe Chief Commissioner of Police must ensure that a police gaol officer acts compatibly with each right in this Part to the fullest extent possible when—\n\n(a) exercising any power under this Act in respect of a child held in custody in a police gaol; or\n\n(b) performing any function under this Act in respect of a child held in custody in a police gaol; or\n\n(c) engaging with a child held in custody in a police gaol.\n\n","sortOrder":549},{"sectionNumber":"569","sectionType":"section","heading":"Right in police gaol—separate accommodation","content":"\t569 Right in police gaol—separate accommodation\n\nA child who is held in custody in a police gaol has a right to be accommodated—\n\n(a) separately from adults who are also detained or otherwise in custody in the police gaol; and\n\n(b) with children of the same sex, unless the officer in charge of the police gaol is reasonably satisfied that the child's gender identity does not correspond to their sex designated at birth, and that it is appropriate and safe for the child to be kept with children other than children of the same sex, having regard to—\n\n(i) the child's views and wishes; and\n\n(ii) the likely impact on the security or good order of the police gaol.\n\n","sortOrder":550},{"sectionNumber":"570","sectionType":"section","heading":"Right in police gaol—communication","content":"\t570 Right in police gaol—communication\n\nA child who is held in custody in a police gaol has a right to—\n\n(a) have all reasonable efforts made to be communicated with in a language and manner which the child can understand, including through the provision of support or assistance that is appropriate to the child's individual needs; and\n\n(b) subject to the **Corrections Act 1986** and the regulations made under that Act, communicate  with and receive visits from other persons including—\n\n(i) parents, relatives and carers; and\n\n(ii) legal practitioners and persons acting on behalf of legal practitioners; and\n\n(iii) in the case of an Aboriginal child, Elders and other members of the child's Aboriginal community.\n\n","sortOrder":551},{"sectionNumber":"571","sectionType":"section","heading":"Right in police gaol—individual needs and environment","content":"\t571 Right in police gaol—individual needs and environment\n\n(1) A child who is held in custody in a police gaol has a right to have reasonable efforts made to meet the child's individual needs, including the following, as relevant—\n\n(a) mental health and other health needs;\n\n(b) cultural or religious needs;\n\n(c) in the case of an Aboriginal child, the child's needs as a member of the Aboriginal community;\n\n(d) disability and associated support needs.\n\n(2) A child who is held in custody in a police gaol has a right to be accommodated—\n\n(a) in a safe and secure place where the child is protected from harm; and\n\n(b) in a clean and sanitary environment that upholds the privacy and dignity of the child.\n\n(3) A child who is held in custody in a police gaol has a right to be provided with—\n\n(a) clothing appropriate to the immediate needs of the child; and\n\n(b) access to nutritious food and drinks appropriate to the needs of the child, including dietary or religious needs, if reasonably practicable to do so.\n\n(4) A child who is held in custody in a police gaol has a right to be treated respectfully.\n\n","sortOrder":552},{"sectionNumber":"572","sectionType":"section","heading":"Right in police gaol—making complaints","content":"\t572 Right in police gaol—making complaints\n\nA child who is held in custody in a police gaol has a right to make a confidential complaint, and to receive support to make that complaint, to the Chief Commissioner of Police or an oversight entity about the standard of care, accommodation or treatment which the child is receiving in the police gaol.\n\n","sortOrder":553},{"sectionNumber":"573","sectionType":"section","heading":"Right in police gaol—being informed","content":"\t573 Right in police gaol—being informed\n\nA child who is held in custody in a police gaol has a right to be advised of the child's rights while in custody.\n\nPart 11.2—Children and young persons detained in police gaols or in custody of transfer officer under transfer authority\n\nDivision 1—Application of this Part\n\n\t574 No application to child held in custody in police gaol under Terrorism (Community Protection) Act 2003\n\nNothing in this Part applies to a child held in custody in a police gaol under the **Terrorism (Community Protection) Act 2003**.\n\n","sortOrder":554},{"sectionNumber":"575","sectionType":"section","heading":"Disapplication of provisions of the Corrections Act 1986","content":"\t575 Disapplication of provisions of the Corrections Act 1986\n\n(1) The following sections of the **Corrections Act 1986** do not apply in respect of a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority—\n\n(a) section 9CB;\n\n(b) section 104AH;\n\n(c) section 104DD.\n\n(2) Despite anything to the contrary in section 9A of the **Corrections Act 1986**, a transfer officer who is authorised under section 9A(1B)(c)(iv) of that Act to apply an authorised instrument of restraint to a person being transported must not do so other than in accordance with this Part if the person being transported is a child or young person who is in the custody of the transfer officer under a transfer authority.\n\n(3) In the event of an inconsistency between section 104C of the **Corrections Act 1986** and any provision of this Part in respect of a child held in custody in a police gaol, the provision of this Part prevails to the extent of the inconsistency.\n\n(4) In the event of an inconsistency between section 104DB(2)(b) of the **Corrections Act 1986** and any provision of this Part in respect of a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority, the provision of this Part prevails to the extent of the inconsistency.\n\n","sortOrder":555},{"sectionNumber":"576","sectionType":"section","heading":"Authority of police custody officer supervisors and police custody officers","content":"\t576 Authority of police custody officer supervisors and police custody officers\n\nA police custody officer supervisor and a police custody officer may exercise powers under this Part at a police gaol, or in relation to a police gaol, only if the Governor in Council, by Order under section 200C of the **Victoria Police Act 2013**, has declared that the police gaol is a police gaol at which, or in relation to which, police custody officer supervisors and police custody officers may exercise their powers.\n\nDivision 2—Prohibited actions\n\n","sortOrder":556},{"sectionNumber":"577","sectionType":"section","heading":"Prohibited actions","content":"\t577 Prohibited actions\n\nThe following actions are prohibited in relation to a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority—\n\n(b) the administering of corporal punishment, that is, any action which inflicts, or is intended to inflict, physical pain or discomfort on the child or young person as a punishment;\n\n(e) the adoption of any kind of discriminatory treatment.\n\nDivision 3—Use of force in police gaol or in custody of transfer officer under transfer authority\n\n","sortOrder":557},{"sectionNumber":"578","sectionType":"section","heading":"Use of force prohibited in certain circumstances","content":"\t578 Use of force prohibited in certain circumstances\n\n(1) The use of force in relation to a child held in custody in a police gaol is prohibited unless—\n\n(a) a police gaol officer believes on reasonable grounds that force is necessary to prevent or respond to an immediate threat of—\n\n(i) the child harming themselves or any other person or damaging property; or\n\n(ii) the child escaping or attempting to escape from the police gaol; or\n\n(iii) the child engaging in conduct that would threaten the security or good order of the police gaol; and\n\n(b) all other reasonably practicable de-escalation measures have first been attempted.\n\n(2) The use of force in relation to a child or young person who is in the custody of a transfer officer under a transfer authority is prohibited unless—\n\n(a) the transfer officer believes on reasonable grounds that force is necessary—\n\n(i) to prevent or respond to an immediate threat of the child or young person harming themselves or any other person or damaging property; or\n\n(ii) to prevent or respond to an immediate threat of the child escaping or attempting to escape from the custody of the transfer officer; or\n\n(iii) to effect the safe and secure transport or transfer of the child or young person, in accordance with the relevant transfer authority; and\n\n(b) all other reasonably practicable de-escalation measures have first been attempted.\n\n(3) Subject to section 575, the use of force in relation to a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority is not prohibited if it is otherwise authorised by or under this Act or any other Act, or at common law.\n\n","sortOrder":558},{"sectionNumber":"579","sectionType":"section","heading":"Prohibited physical restraint techniques in police gaols or in custody of a transfer officer under transfer authority","content":"\t579 Prohibited physical restraint techniques in police gaols or in custody of a transfer officer under transfer authority\n\nEach of the following is prohibited in relation to a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority—\n\n(a) the use of a physical restraint technique for the purpose of restraining, restricting or inhibiting the child's or young person's respiratory or digestive function;\n\n(b) the use of a physical restraint technique for the purpose of inflicting pain to compel compliance, including by the hyperextension of joints or applying pressure to the child's or young person's chest or joints;\n\n(c) the use of any other prescribed physical restraint technique.\n\n","sortOrder":559},{"sectionNumber":"580","sectionType":"section","heading":"Use of instruments of restraint prohibited except in certain circumstances","content":"\t580 Use of instruments of restraint prohibited except in certain circumstances\n\n(1) The use of an instrument of restraint is prohibited in relation to a child held in custody in a police gaol unless—\n\n(b) a police gaol officer believes on reasonable grounds that the use of an instrument of restraint is necessary to prevent or respond to an immediate threat of—\n\n(i) the child harming themselves or any other person or damaging property; or\n\n(ii) the child escaping or attempting to escape from the police gaol; or\n\n(iii) the child engaging in conduct that would threaten the security or good order of the police gaol; and\n\n(c) all other reasonably practicable de-escalation measures have first been attempted.\n\n(2) The use of an instrument of restraint is prohibited in relation to a child or young person who is in the custody of a transfer officer under a transfer authority unless—\n\n(b) the transfer officer believes on reasonable grounds that the use of an instrument of restraint is necessary—\n\n(i) to prevent or respond to an immediate threat of the child or young person harming themselves or any other person or damaging property; or\n\n(ii) to prevent or respond to an immediate threat of the child or young person escaping or attempting to escape from the custody of the transfer officer; or\n\n(iii) to effect the safe and secure transport or transfer of the child or young person, in accordance with the relevant transfer authority; and\n\n(c) all other reasonably practicable de-escalation measures have first been attempted.\n\n(3) Subject to section 575, the use of an instrument of restraint (other than a spit hood) by a police gaol officer in relation to a child held in custody in a police gaol is not prohibited if—\n\n(a) the police gaol officer is otherwise authorised to use that instrument of restraint by or under this Act or any other Act, or at common law; and\n\n(b) the police gaol officer uses the instrument of restraint in accordance with that other authorisation.\n\n(4) Subject to section 575, the use of an instrument of restraint (other than a spit hood) by a transfer officer in relation to a child or young person who is in the custody of the transfer officer under a transfer authority is not prohibited if—\n\n(a) the transfer officer is otherwise authorised to use that instrument of restraint by or under this Act or any other Act, or at common law; and\n\n(b) the transfer officer uses the instrument of restraint in accordance with that other authorisation.\n\nDivision 4—Unclothed searches\n\n","sortOrder":560},{"sectionNumber":"581","sectionType":"section","heading":"Unclothed search of child held in custody in a police gaol","content":"\t581 Unclothed search of child held in custody in a police gaol\n\n(1) The unclothed search of a child held in custody in a police gaol is prohibited unless it has been authorised by the officer in charge  of the police gaol in accordance with this section.\n\n(2) Subject to subsection (3), the officer in charge of a police gaol may authorise an unclothed search of a child held in custody in the police gaol if the officer in charge believes on reasonable grounds that—\n\n(a) the unclothed search is necessary in the interests of—\n\n(i) the security of the police gaol; or\n\n(ii) the health, safety or wellbeing of the child who would be the subject of the search or any other person in the police gaol; and\n\n(b) the unclothed search is necessary as a last resort having regard to the child's individual characteristics and background (to the extent known and reasonably practicable in the circumstances) including—\n\n(3) The officer in charge of the police gaol must not authorise the unclothed search unless the officer in charge is satisfied that all of the following search methods have first been considered and used if safe to do so—\n\n(a) a screening search, including a screening search conducted with the assistance of all reasonably available technology;\n\n","sortOrder":561},{"sectionNumber":"582","sectionType":"section","heading":"Use of reasonable force for unclothed searches must be authorised","content":"\t582 Use of reasonable force for unclothed searches must be authorised\n\n(1) A police gaol officer must not use reasonable force to carry out an unclothed search on a child held in custody in a police gaol unless the use of force is authorised by the officer in charge of the police gaol.\n\n(2) The officer in charge of the police gaol may only authorise the use of force to carry out the unclothed search as a last resort if it is necessary to prevent or respond to a serious and immediate threat to the safety of the child or any other person.\n\n(3) The police gaol officer may only use as much force as is reasonably necessary to carry out the unclothed search.\n\nDivision 5 applies to any use of force by a police gaol officer under this Part.\n\n","sortOrder":562},{"sectionNumber":"583","sectionType":"section","heading":"Requirements before conducting unclothed searches in police gaols","content":"\t583 Requirements before conducting unclothed searches in police gaols\n\n(1) Before an unclothed search of a child held in custody in a police gaol is conducted, a police gaol officer must inform the child—\n\n(a) of the police gaol officer's authority to conduct the unclothed search and the reasons for conducting the search; and\n\n(b) that the child has the right to complain to the Chief Commissioner of Police about the conduct of the unclothed search, and the process for making a complaint; and\n\n(c) that the child may complain to an oversight entity about the conduct of the unclothed search, and the process for making a complaint.\n\n(2) Before an unclothed search of a child held in custody in a police gaol is conducted, a police gaol officer must ask the child whether the child has any prohibited thing in their possession.\n\n\t(3) If the child has a prohibited thing in their possession, before an unclothed search of the child is conducted, the police gaol officer—\n\n(a) must ask the child to produce the thing, if the officer considers it safe to do so; and\n\n(b) may seize the thing.\n\n***prohibited thing*** means—\n\n(a) any article or thing that jeopardises or is likely to jeopardise the security or good order of the police gaol or the safety of any person in the police gaol; or\n\n(b) any other prescribed article or thing—\n\nbut does not include any article or thing which the child is authorised by the officer in charge of the police gaol to possess.\n\n","sortOrder":563},{"sectionNumber":"584","sectionType":"section","heading":"Conduct of unclothed searches in police gaols","content":"\t584 Conduct of unclothed searches in police gaols\n\n(1) An unclothed search of a child held in custody in a police gaol must be conducted expeditiously and sensitively having regard to—\n\n(a) promoting the rights and interests of the child, including the child's decency, dignity and privacy; and\n\n(b) the child's individual characteristics and background (to the extent known and reasonably practicable in the circumstances) including—\n\n(c) the need to minimise causing trauma, distress or other harm to the child.\n\n(2) A police gaol officer must not conduct an unclothed search of a child held in custody in a police gaol unless the officer is appropriately trained to conduct an unclothed search of a child.\n\n(3) A child who is held in custody in a police gaol must not be fully unclothed at any time during an unclothed search of the child, unless there are exceptional circumstances.\n\n(4) An unclothed search of a child held in custody in a police gaol must be conducted in the presence of another police gaol officer.\n\n(5) An unclothed search of a child held in custody in a police gaol must be conducted in a private place, with privacy for the child being searched, and not in the presence of any other person detained in the police gaol, unless there are exceptional circumstances.\n\n(6) After completion of an unclothed search of a child held in custody in a police gaol, the child must be allowed to re-dress in private, unless there are exceptional circumstances.\n\n(7) A police gaol officer carrying out an unclothed search of a child held in custody in a police gaol must comply with any other prescribed requirement.\n\n(8) The officer in charge of a police gaol may order at any time the termination of an unclothed search of a child held in custody in the police gaol.\n\n","sortOrder":564},{"sectionNumber":"585","sectionType":"section","heading":"Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol","content":"\t585 Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol\n\n(1) Unless subsection (2) applies, if an unclothed search is to be conducted of a child held in custody in a police gaol—\n\n(a) the police gaol officer conducting the search must be of the same sex as the child; and\n\n(b) to the extent that it is reasonably practicable and safe to do so, the additional police gaol officer required under section 584(4) to be present for the search must also be of the same sex as the child.\n\n(2) If an unclothed search is to be conducted of a child held in custody in a police gaol whose gender identity does not correspond to their sex designated at birth, to the extent that it is reasonably practicable and safe to do so—\n\n(a) the police gaol officer conducting the search must be of the sex or gender identity nominated by the child; and\n\n(b) the additional police gaol officer required under section 584(4) to be present for the search must also be of the sex or gender identity nominated by the child.\n\n(3) An unclothed search of any child held in custody in a police gaol must be conducted in a way that is sensitive to and respectful of the child's sex or gender identity.\n\n","sortOrder":565},{"sectionNumber":"586","sectionType":"section","heading":"Actions after completion of an unclothed search","content":"\t586 Actions after completion of an unclothed search\n\n(1) As soon as reasonably practicable after the completion of an unclothed search of a child held in custody in a police gaol, a police gaol officer—\n\n(a) if the child consents, must make all reasonable efforts to ensure that the child is examined by a health practitioner  and receives the medical attention and mental health care the child requires; and\n\n(b) if the child consents, must notify a parent of the child that the unclothed search has taken place; and\n\n(c) in the case of an Aboriginal child, must ensure that, if the child consents, the child is seen by—\n\n(i) a support person or support provider, including an Aboriginal organisation or a member of the child's Aboriginal community as requested by the child; or\n\n(ii) a support person or support provider that the officer in charge of the police gaol considers appropriate; and\n\n(d) in any case, must offer the child the opportunity to contact or be seen by a support person, support provider or member of the child's family.\n\n(2) A health practitioner who carries out an examination under subsection (1)(a) must record any clinical observations made during the examination.\n\n(3) Despite subsection (1)(b), a police gaol officer is not required to notify a parent of the child if—\n\n","sortOrder":566},{"sectionNumber":"587","sectionType":"section","heading":"Child to be informed about complaints and actions required after unclothed search","content":"\t587 Child to be informed about complaints and actions required after unclothed search\n\nAs soon as reasonably practicable but not more than 12 hours after the completion of an unclothed search of a child held in custody in a police gaol, a police gaol officer must inform the child—\n\n(a) that the child has the right to complain to the Chief Commissioner of Police about the conduct of the unclothed search, and the process for making a complaint; and\n\n(b) that the child may complain to an oversight entity about the conduct of the unclothed search, and the process for making a complaint; and\n\n(c) about the requirements under section 586—\n\n(ii) for notification of a parent of the child; and\n\n(d) in the case of an Aboriginal child, about the requirements of section 586(1)(c); and\n\n(e) in any case, about the requirements of section 586(1)(d).\n\nDivision 5—General requirements for use of force\n\n","sortOrder":567},{"sectionNumber":"588","sectionType":"section","heading":"General requirements applying to use of force","content":"\t588 General requirements applying to use of force\n\n(1) Each of the following applies in relation to any use of force that is permitted by or under this Part in relation to a child held in custody in a police gaol—\n\n(c) the police gaol officer using force in relation to the child must—\n\n(ii) continuously assess the need for and manner of use of that force, and modify the use of force as required;\n\n(d) to the extent known and reasonably practicable in the circumstances, in using force on the child, the police gaol officer must have regard to the child's physical stature and individual characteristics and background including—\n\n(i) an oral warning must be given to the child before force is used; and\n\n(ii) if safe to do so, the child must be given reasonable time to comply with the warning;\n\n(f) in the case of the use of an instrument of restraint, the child must be closely supervised while subject to the restraint.\n\n(2) Each of the following applies in relation to any use of force that is permitted by or under this Part in relation to a child or young person in the custody of a transfer officer under a transfer authority—\n\n(c) the transfer officer using force in relation to the child or young person must—\n\n(ii) continuously assess the need for and manner of use of that force, and modify the use of force as required;\n\n(d) to the extent known and reasonably practicable in the circumstances, in using force on a child or young person, the transfer officer must have regard to the physical stature and individual characteristics and background of the child or young person including—\n\n(i) an oral warning must be given to the child or young person before force is used; and\n\n(ii) if safe to do so, the child or young person must be given reasonable time to comply with the warning;\n\n(f) in the case of the use of an instrument of restraint, the child or young person must be closely supervised while subject to the restraint.\n\n(3) A police gaol officer must not use force in relation to a child held in custody in a police gaol unless the police gaol officer is appropriately trained in relation to the use of physical intervention techniques.\n\n(4) A transfer officer must not use force in relation to a child or young person in the custody of the transfer officer under a transfer authority unless the transfer officer is appropriately trained in relation to the use of physical intervention techniques.\n\n","sortOrder":568},{"sectionNumber":"589","sectionType":"section","heading":"Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part","content":"\t589 Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part\n\n(1) If a child held in custody in a police gaol is reasonably suspected of being injured or having been injured in the course of being subjected to the use of force or if the child otherwise requests medical attention or examination after being subjected to the use of force, as soon as reasonably practicable after that use of force, a police gaol officer must ensure that—\n\n(a) the child is examined by a health practitioner; and\n\n(b) the child receives the medical attention and mental health care that the child requires.\n\n(2) A health practitioner who carries out an examination under subsection (1) must record any clinical observations made during the examination.\n\n(3) A police gaol officer must notify a parent of a child subjected to any use of force while held in custody in a police gaol as soon as practicable after the use of force if—\n\n(a) the child is injured; or\n\n(b) the child requests that a parent be notified.\n\n(4) As soon as practicable after a child is subjected to any use of force while held in custody in a police gaol, a police gaol officer must offer the child the opportunity to contact or be seen by—\n\n(a) in the case of an Aboriginal child—\n\n(i) a support person or support provider, including an Aboriginal organisation or a member of the child's Aboriginal community as requested by the child; or\n\n(ii) a support person or support provider that the officer in charge of the police gaol considers appropriate; and\n\n(b) in any case, a support person, support provider or member of the child's family.\n\n(5) Despite subsection (3), a police gaol officer is not required to notify a parent of the child if—\n\n\t590 Actions to be taken after child or young person in custody of transfer officer under transfer authority is subjected to use of force under this Part\n\n(1) If a child or young person is reasonably suspected of being injured or having been injured in the course of being subjected to the use of force while in the custody of a transfer officer under a transfer authority or if the child or young person otherwise requests medical attention or examination after being subjected to that use of force, as soon as reasonably practicable after that use of force, a transfer officer must ensure that—\n\n(a) the child or young person is examined by a health practitioner; and\n\n(b) the child or young person receives the medical attention and mental health care that the child or young person requires.\n\n(2) A health practitioner who carries out an examination under subsection (1) must record any clinical observations made during the examination.\n\n(3) A transfer officer must notify a parent of a child or young person subjected to any use of force while in the custody of a transfer officer under a transfer authority as soon as practicable after the use of force if—\n\n(a) the child or young person is injured; or\n\n(b) the child or young person requests that a parent be notified.\n\n(4) As soon as practicable after a child or young person is subjected to any use of force while in the custody of a transfer officer under a transfer authority, a transfer officer must offer the child or young person the opportunity to contact or be seen by—\n\n(a) in the case of an Aboriginal child or young person—\n\n(i) a support person or support provider, including an Aboriginal organisation or a member of the child's or young person's  Aboriginal community as requested by the child or young person; or\n\n(ii) a support person or support provider that the Chief Commissioner of Police considers appropriate; and\n\n(b) in any case, a support person, support provider or member of the child's or young person's family.\n\n(5) Despite subsection (3), a transfer officer is not required to notify a parent of the child or young person if—\n\n(6) Nothing in this section applies in respect of the use of force by a transfer officer in relation to a child or young person who is in the custody of the officer for the purposes of transferring the child or young person from a youth justice custodial centre to a prison under section 672(1).\n\n","sortOrder":569},{"sectionNumber":"591","sectionType":"section","heading":"Child to be informed of rights to complain and entitlements under this Division","content":"\t591 Child to be informed of rights to complain and entitlements under this Division\n\n(1) A police gaol officer must inform a child who is subjected to any use of force while held in custody in a police gaol—\n\n(a) that the child has the right to complain to the Chief Commissioner of Police about the use of force, and the process for making a complaint; and\n\n(b) that the child may complain to an oversight entity about the use of force, and the process for making a complaint; and\n\n(c) about the requirements under section 589—\n\n(ii) for notification of a parent of the child; and\n\n(d) in the case of an Aboriginal child, about the requirements of section 589(4)(a); and\n\n(e) in any case, about the requirements of section 589(4)(b).\n\n(2) A transfer officer must inform a child or young person who is subjected to any use of force while in the custody of the transfer officer under a transfer authority—\n\n(a) that the child or young person has the right to complain to the Chief Commissioner of Police about the use of force, and the process for making a complaint; and\n\n(b) that the child or young person may complain to an oversight entity about the use of force, and the process for making a complaint; and\n\n(c) about the requirements under section 590—\n\n(d) in the case of an Aboriginal child or young person, about the requirements of section 590(4)(a); and\n\n(e) in any case, about the requirements of section 590(4)(b).\n\n(3) Subsection (2) does not apply in respect of the use of force by a transfer officer in relation to a child or young person who is in the custody of the officer for the purposes of transferring the child or young person from a youth justice custodial centre to a prison under section 672(1).\n\nChapter 12—Youth parole\n\nPart 12.1—Youth Parole Board\n\nDivision 1—The Youth Parole Board\n\n\t592 Youth Parole Board\n\n(1) There is a board called the Youth Parole Board.\n\n(2) The Board consists of—\n\n(a) a chairperson and 2 deputy chairpersons appointed by the Governor in Council on the nomination of the Attorney-General, each of whom must be—\n\n(i) a judge of the County Court, a reserve judge of the County Court or a former judge of the County Court; or\n\n(ii) a magistrate within the meaning of section 3(1) of the **Magistrates' Court Act 1989**, a reserve magistrate within the meaning of that Act or a former magistrate; or\n\n(iii) an Australian lawyer of at least 10 years' standing; and\n\n(b) either—\n\n(i) the Secretary; or\n\n(ii) a person employed by the Secretary under Part 3 of the **Public Administration Act 2004** appointed by the Governor in Council on the nomination of the Secretary; and\n\n(c) one other person employed by the Secretary under Part 3 of the **Public Administration Act 2004** appointed by the Governor in Council on the nomination of the Secretary; and\n\n(d) 4 other persons appointed by the Governor in Council, all of whom must have experience in matters relating to child and adolescent development; and\n\n(e) 4 other persons appointed by the Governor in Council, all of whom must have the experience, knowledge or skills that the Minister considers appropriate.\n\n(3) At least one of the persons appointed under subsection (2)(a) must be a woman.\n\n(4) At least one of the persons appointed under subsection (2)(a) must be an Aboriginal person.\n\n(5) At least one of every 2 persons appointed under subsection (2)(d) must be a woman.\n\n(6) At least one of every 2 persons appointed under subsection (2)(e) must be a woman.\n\n(7) At least one of the persons appointed under subsection (2)(d) or (e) must be an Aboriginal person.\n\n","sortOrder":570},{"sectionNumber":"593","sectionType":"section","heading":"Terms and conditions of office","content":"\t593 Terms and conditions of office\n\n(1) A member of the Youth Parole Board appointed by the Governor in Council—\n\n(a) holds office for the term, not exceeding 3 years, that is specified in the instrument of appointment; and\n\n(b) is eligible for re-appointment.\n\n(2) A member appointed by the Governor in Council may resign the member's office in writing delivered to the Governor in Council.\n\n(3) The Governor in Council may remove from office a member appointed by the Governor in Council.\n\n(4) A member is entitled to be paid—\n\n(a) any remuneration that is fixed by the Governor in Council; and\n\n(b) any travelling and other allowances that are fixed by the Governor in Council.\n\n(5) A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act.\n\n(6) If a member who is a judge of the County Court or a reserve judge of the County Court, a magistrate or a reserve magistrate is removed from judicial office under Part IIIAA of the **Constitution Act 1975**, that person ceases to hold office as a member.\n\n(7) For the purposes of section 14(3A)(a) and (b) of the **County Court Act 1958**, the office of member of the Youth Parole Board is not to be taken to be a judicial office or an office or place of profit under the Crown.\n\n(8) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Youth Parole Board in respect of the office of member.\n\n(9) The appointment of a judge of the County Court as a member of the Youth Parole Board does not affect the tenure of office, rank, status, remuneration, rights or privileges of that person as a judge and, for all purposes, service as a member of the Youth Parole Board by a judge is to be regarded as service as a judge.\n\n(10) If a person was immediately before becoming a member of the Youth Parole Board an officer within the meaning of the **State Superannuation Act 1988**, the member continues, subject to that Act, to be an officer within the meaning of that Act.\n\n","sortOrder":571},{"sectionNumber":"594","sectionType":"section","heading":"Deputy chairperson to act as chairperson","content":"\t594 Deputy chairperson to act as chairperson\n\nA deputy chairperson is required to act as chairperson of the Youth Parole Board if—\n\n(a) the chairperson is absent; or\n\n(b) the office of chairperson is vacant.\n\n","sortOrder":572},{"sectionNumber":"595","sectionType":"section","heading":"Divisions of the Youth Parole Board","content":"\t595 Divisions of the Youth Parole Board\n\n(1) The Youth Parole Board may exercise its powers and functions in divisions of the Youth Parole Board.\n\n(2) Subject to section 596, a division of the Youth Parole Board consists of—\n\n(a) the chairperson of the Youth Parole Board or a deputy chairperson; and\n\n(b) 2 other members of the Youth Parole Board, one of whom must be a member appointed under section 592(2)(e) unless a member appointed under that section is not available.\n\n(3) Subject to section 596, a person referred to in subsection (2)(a) is to be the chairperson of the division.\n\n(4) The chairperson of the Youth Parole Board may give directions as to—\n\n(a) the arrangement of the business of the Youth Parole Board; and\n\n(b) the persons who are to constitute divisions of the Youth Parole Board for the purposes of particular matters.\n\n(5) The following questions which may arise before a division of the Youth Parole Board are to be decided by the chairperson of the division alone—\n\n(a) whether a question is a question of fact or of law;\n\n(b) any question determined to be a question of law.\n\n","sortOrder":573},{"sectionNumber":"596","sectionType":"section","heading":"Aboriginal division of the Youth Parole Board","content":"\t596 Aboriginal division of the Youth Parole Board\n\n(1) There is to be an Aboriginal division of the Youth Parole Board.\n\n(2) The Aboriginal division of the Youth Parole Board must be constituted if the Board is considering—\n\n(a) the release on parole or cancellation of parole of an Aboriginal child or young person; or\n\n(b) the transfer of an Aboriginal child or young person from a youth justice custodial centre to a prison.\n\n(3) The Aboriginal division of the Youth Parole Board consists of—\n\n(a) one of the following—\n\n(i) the chairperson, if the chairperson is an Aboriginal person;\n\n(ii) a deputy chairperson who is an Aboriginal person;\n\n(iii) if a person referred to in subparagraph (i) or (ii) is not available, the chairperson or a deputy chairperson who is not an Aboriginal person; and\n\n(b) 2 other members of the Youth Parole Board.\n\n(4) At least one of the members referred to in subsection (3)(b) must be an Aboriginal person unless a member who is an Aboriginal person is not available.\n\n(5) At least one of the members referred to in subsection (3)(b) must be appointed under section 592(2)(e) unless a member who is appointed under that section is not available.\n\n(6) A person referred to in subsection (3)(a) is to be the chairperson of the Aboriginal division.\n\n","sortOrder":574},{"sectionNumber":"597","sectionType":"section","heading":"Meetings of the Youth Parole Board","content":"\t597 Meetings of the Youth Parole Board\n\n(1) The Youth Parole Board must meet at the prescribed times and prescribed places or, if no times or places are prescribed, at the times and places that are determined by the chairperson.\n\n(2) The chairperson must preside at every meeting of the Youth Parole Board, other than a meeting of a division of the Board.\n\n(3) A member of the Youth Parole Board who is a woman must be present at any meeting of the Board (including a meeting of a division of the Board) at which consideration is being given to—\n\n(a) the release on parole or cancellation of parole of a female child or young person; or\n\n(b) the transfer of a female child or young person from a youth justice custodial centre to a prison.\n\n(4) Subject to section 595(5), the following questions which may arise before the Youth Parole Board are to be decided by the person presiding at the meeting alone—\n\n(a) whether a question is a question of fact or of law;\n\n(b) any question determined to be a question of law.\n\n(5) A question (other than a question referred to in subsection (4)) arising at a meeting of the Youth Parole Board (including a meeting of a division of the Board*)* must be determined by a majority of votes and, if the votes are equal, the person presiding has a casting vote.\n\n(6) Subject to this Act and the regulations, the Youth Parole Board may regulate its own procedure.\n\n","sortOrder":575},{"sectionNumber":"598","sectionType":"section","heading":"Quorum","content":"\t598 Quorum\n\n(1) Subject to subsection (2) and sections 596 and 597(3), a quorum at any meeting of the Youth Parole Board consists of the chairperson and one other member.\n\n(2) If consideration is being given to the transfer to a prison of a child or young person detained in a youth justice custodial centre, a quorum at any meeting of the Youth Parole Board (including a meeting of a division of the Board) consists of the chairperson or an acting chairperson and 2 other members.\n\n","sortOrder":576},{"sectionNumber":"599","sectionType":"section","heading":"Validity of acts or decisions of the Youth Parole Board","content":"\t599 Validity of acts or decisions of the Youth Parole Board\n\nAn act or a decision of the Youth Parole Board is not invalid merely because—\n\n(a) of a vacancy in the office of a member; or\n\n(b) of a defect or irregularity in or in connection with the appointment of a member; or\n\n(c) in the case of an alternate chairperson or an alternate member, the occasion for that person acting for a member had not arisen or had ceased.\n\n","sortOrder":577},{"sectionNumber":"600","sectionType":"section","heading":"Youth Parole Board secretary","content":"\t600 Youth Parole Board secretary\n\n(1) The Secretary, by instrument, may authorise a person employed under Part 3 of the **Public Administration Act 2004** in the Department to perform the functions of the secretary of the Youth Parole Board.\n\n(2) The Secretary, by instrument, may authorise a person employed under Part 3 of the **Public Administration Act 2004** in the Department to perform the functions of the secretary of the Youth Parole Board during all periods when—\n\n(a) the person authorised under subsection (1) is absent from duty or, for any other reason, is unable to perform those functions; or\n\n(b) no person is authorised under subsection (1) to perform those functions; or\n\n(c) the holder of a specified position is authorised under subsection (1) to perform those functions and that position is vacant.\n\n(3) The Secretary, under subsection (1) or (2), may authorise—\n\n(a) a person employed under Part 3 of the **Public Administration Act 2004** in the Department named in the instrument of authorisation; or\n\n(b) the person employed under Part 3 of the **Public Administration Act 2004** in the Department who, from time to time, is the holder of a position specified in the instrument of authorisation.\n\n","sortOrder":578},{"sectionNumber":"601","sectionType":"section","heading":"Youth Parole Board secretary or member may act on behalf of Youth Parole Board","content":"\t601 Youth Parole Board secretary or member may act on behalf of Youth Parole Board\n\n(1) If the Youth Parole Board has heard and determined a matter, the secretary of the Youth Parole Board or a member of the Board, on behalf of the Board, may sign and issue all necessary orders and documents relating to that matter.\n\n(2) An order or document signed under subsection (1) has effect as if signed by all the members of the Youth Parole Board.\n\n","sortOrder":579},{"sectionNumber":"602","sectionType":"section","heading":"Evidentiary provisions","content":"\t602 Evidentiary provisions\n\n(1) All courts must take judicial notice of the signature on an order or a document of the secretary of the Youth Parole Board or a member of the Youth Parole Board and, until the contrary is proved, must presume that the document was properly signed.\n\n(2) A certificate purporting to be signed by the secretary of the Youth Parole Board and purporting to record any determination or decision of the Board on a matter—\n\n(a) is admissible in evidence in any proceeding; and\n\n(b) in the absence of evidence to the contrary, is proof of the making of that determination or decision by the Board.\n\n","sortOrder":580},{"sectionNumber":"603","sectionType":"section","heading":"Immunity of Youth Parole Board members and secretary from liability","content":"\t603 Immunity of Youth Parole Board members and secretary from liability\n\n(1) A member of the Youth Parole Board or the secretary of the Youth Parole Board is not personally liable for any thing done or omitted to be done in good faith in relation to any function conferred on the Board under this Act or any other Act.\n\n(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the member of the Youth Parole Board or to the secretary of the Youth Parole Board attaches instead to the Crown.\n\n","sortOrder":581},{"sectionNumber":"604","sectionType":"section","heading":"Youth Parole Board annual reports","content":"\t604 Youth Parole Board annual reports\n\n(1) The Youth Parole Board must annually and within the prescribed period give to the Minister a report on—\n\n(a) the number of children and young persons released on parole by the Board during the period to which the report relates; and\n\n(b) the number of children and young persons returned during that period to youth justice custodial centres on cancellation of parole; and\n\n(c) the operation and activities of the Board and of youth justice community workers generally during that period.\n\n(2) The report must include—\n\n(a) a statement of the purpose of youth parole; and\n\n(b) the factors that the Youth Parole Board takes into account when making determinations relating to youth parole; and\n\n(c) the types of special parole conditions which the Youth Parole Board has imposed on youth parole orders during the period to which the report relates; and\n\n(d) the factors that the Youth Parole Board takes into account when determining whether to impose, amend, vary or revoke a special parole condition; and\n\n(e) the general reasons for cancellation of parole by the Youth Parole Board; and\n\n(f) data relating to the gender, age and ethnicity of children and young persons granted parole during the period to which the report relates and the regions responsible for supervising parole during the period to which the report relates.\n\n(3) The Minister must cause each report received under subsection (1) to be laid before each House of the Parliament before the end of the 14th sitting day of that House after the receipt of the report by the Minister.\n\n","sortOrder":582},{"sectionNumber":"605","sectionType":"section","heading":"Additional reports","content":"\t605 Additional reports\n\n(1) If required by the Minister in writing to do so, the Youth Parole Board must give to the Minister a report on a matter stated in the requirement and relating to the exercise by the Board of any power or function.\n\n(2) At the request of the Attorney-General of the Commonwealth, the Minister may authorise the Youth Parole Board or a person employed by the Secretary under Part 3 of the **Public Administration Act 2004**—\n\n(a) to make reports and recommendations to the Attorney-General for the Commonwealth, at the intervals or times requested by that Attorney-General, with respect to a child or young person who is detained in a youth justice custodial centre under any law of the Commonwealth; and\n\n(b) to exercise any power or perform any function in relation to a child or young person who is or has been detained in a youth justice custodial centre in Victoria under any law of the Commonwealth, being a power or function that the Attorney‑General for the Commonwealth might exercise or perform or cause to be exercised or performed in relation to that child or young person.\n\nDivision 2—General powers and jurisdiction of the Youth Parole Board\n\n","sortOrder":583},{"sectionNumber":"606","sectionType":"section","heading":"Powers of Youth Parole Board","content":"\t606 Powers of Youth Parole Board\n\n(1) The Youth Parole Board has the powers, duties and functions conferred or imposed on it by or under this Act or any other Act.\n\n(2) In exercising its functions, the Youth Parole Board is not bound by the rules of natural justice.\n\n1 The Youth Parole Board should take into account the guiding youth justice principles to the fullest extent possible—see section 17.\n\n2 The Youth Parole Board should take into account the guiding custodial principles to the fullest extent possible and to the extent each principle is relevant in the circumstances—section 437.\n\n","sortOrder":584},{"sectionNumber":"607","sectionType":"section","heading":"Power of Youth Parole Board to compel production of documents and other things or attendance of witnesses","content":"\t607 Power of Youth Parole Board to compel production of documents and other things or attendance of witnesses\n\n(1) For the purposes of obtaining evidence and informing itself in the performance of its functions, the Youth Parole Board may serve written notice on a person requiring the person to—\n\n(a) produce a specified document or other thing to the Board before a specified time and in the specified manner; or\n\n(b) attend a meeting of the Board at a specified time and place to produce a specified document or other thing; or\n\n(c) attend a meeting of the Board at a specified time and place, and from then on from day to day until excused, to give evidence; or\n\n(d) attend a meeting of the Board at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.\n\n(2) A notice under subsection (1)—\n\n(a) must be in the prescribed form (if any); and\n\n(b) must contain the following information—\n\n(i) a statement outlining the provisions of section 614;\n\n(ii) examples of what may constitute a reasonable excuse for failing to comply with the notice;\n\n(iii) how the person may object to the notice;\n\n(iv) any other prescribed information; and\n\n(c) must be served in accordance with section 609.\n\n","sortOrder":585},{"sectionNumber":"608","sectionType":"section","heading":"Variation or revocation of notice to produce or notice to attend","content":"\t608 Variation or revocation of notice to produce or notice to attend\n\n(1) A person on whom a notice to produce or notice to attend is served may make a claim to the Youth Parole Board—\n\n(a) that the person has or will have a reasonable excuse for failing to comply with the notice; or\n\n(b) in the case of a notice under section 607(1)(b) or (d), that a document or other thing specified in the notice is not relevant to the subject matter of the meeting.\n\n(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1)(a), it is a reasonable excuse for a person to fail to comply with a notice by refusing to give information to the Youth Parole Board if the information—\n\n(a) in the case of a natural person, might tend to incriminate the person or make the person liable to a penalty; or\n\n(b) is the subject of parliamentary privilege; or\n\n(c) is the subject of legal professional privilege; or\n\n(d) is the subject of public interest immunity; or\n\n(e) is prohibited from disclosure by a court order; or\n\n(f) is prohibited from disclosure by a provision of another enactment that specifically applies to the giving of information or the production of documents or other things to the Board.\n\n(3) If the Youth Parole Board is satisfied that the person's claim is made out, the Board, by further written notice served on the person, may vary or revoke the notice.\n\n(4) The Youth Parole Board, by further written notice served on a person, may at any time on its own initiative vary or revoke a notice to produce or notice to attend served on the person.\n\n(5) A notice varying or revoking a notice to produce or notice to attend must be served in accordance with section 609.\n\n","sortOrder":586},{"sectionNumber":"609","sectionType":"section","heading":"Service of notice to produce or notice to attend","content":"\t609 Service of notice to produce or notice to attend\n\n(1) Subject to subsection (2), a notice to produce or notice to attend, or a notice varying or revoking a notice to produce or notice to attend, must be served at a reasonable time, being not less than 7 days, before the date on which the person is required to attend or otherwise comply with the notice.\n\n(2) The Youth Parole Board may serve a notice to attend requiring immediate attendance by a person if—\n\n(a) the Board considers on reasonable grounds that a delay in the person's attendance is likely to result in—\n\n(i) evidence being lost or destroyed; or\n\n(ii) the commission of an offence, the continuation of a commission of an offence or an attempt to commit an offence; or\n\n(iii) the person on whom the notice is served absconding or otherwise evading attendance; or\n\n(iv) serious prejudice to the conduct of the meeting to which the notice relates; or\n\n(b) the person on whom the notice is served consents to immediate attendance.\n\n(3) A notice to produce or notice to attend may be served—\n\n(a) by serving a copy of the notice on the person personally; or\n\n(b) by sending a copy of the notice by prepaid ordinary post addressed to the person at the person's last known residential address; or\n\n(c) if the person—\n\n(i) has facilities for the reception of documents in a document exchange; and\n\n(ii) consents to accepting personal service of documents by delivery to those facilities in the document exchange—\n\nby delivering a copy of the notice addressed to the person into those facilities; or\n\n(d) if the person consents to documents being served electronically, by sending the notice by means of electronic communication, including by fax transmission or email.\n\n\t610 Power of Youth Parole Board to compel attendance of witnesses does not affect power of Board to direct child or young person on parole to attend for interview\n\nThe power of the Youth Parole Board under section 607 to issue to a person a notice to produce or a notice to attend does not affect or limit the power of the Board to direct a child or young person released under a parole order to be available for interview by the Board or to give any other direction that the Board may give the child or young person under the conditions of the parole order.\n\n","sortOrder":587},{"sectionNumber":"611","sectionType":"section","heading":"Appearance by audio visual link","content":"\t611 Appearance by audio visual link\n\n(1) If the Youth Parole Board requires a person to attend a meeting of the Board, the Board, on its own initiative or at the request of the person, may direct that the person appear before the meeting of the Board by audio visual link from a place (the ***remote point***) other than the place where the meeting is to be held.\n\n(2) The Youth Parole Board must not make a direction under subsection (1) unless it is satisfied that both the place where the meeting of the Board is to be held and the remote point are equipped with facilities that—\n\n(a) enable all the members of the Board attending the meeting to see and hear the person required to attend; and\n\n(b) enable the person required to attend to see and hear all the members of the Board attending the meeting.\n\n(3) The Youth Parole Board, at any time in the course of a meeting, may vary or revoke a direction given under subsection (1), either on its own initiative or at the request of the person required to attend the meeting.\n\n(4) A person who, in accordance with a direction given under subsection (1), appears before a meeting of the Youth Parole Board by audio visual link is taken to have attended the meeting of the Board.\n\n","sortOrder":588},{"sectionNumber":"612","sectionType":"section","heading":"Notice to attend issued to child or young person detained in a youth justice custodial centre","content":"\t612 Notice to attend issued to child or young person detained in a youth justice custodial centre\n\n(1) If a notice to attend a meeting of the Youth Parole Board is issued to a child or young person who is detained in a youth justice custodial centre, the Board may give a written direction to the Secretary that—\n\n(a) the child or young person be brought to a place equipped with facilities to enable the child or young person to appear before the Board by audio visual link; or\n\n(b) the child or young person be brought before the Board—\n\nas required by the notice to attend.\n\n(2) A direction under subsection (1) must be in the prescribed form (if any).\n\n","sortOrder":589},{"sectionNumber":"613","sectionType":"section","heading":"Power to take evidence on oath or affirmation","content":"\t613 Power to take evidence on oath or affirmation\n\n(1) The Youth Parole Board may require a person attending a meeting of the Board in accordance with a notice to attend to give evidence or answer questions on oath or by affirmation.\n\n(2) The following persons may administer an oath or affirmation to a person for the purposes of subsection (1)—\n\n(a) a member of the Youth Parole Board;\n\n(b) if authorised by a member of the Youth Parole Board, the secretary of the Youth Parole Board.\n\n(3) An oath to be sworn or an affirmation to be made by a person who is appearing before the Youth Parole Board by audio visual link may be administered either—\n\n(a) by means of the audio visual link, in nearly as practicable the same way as if the person were physically attending the meeting of the Board; or\n\n(b) at the direction of, and on behalf of, the Board at the remote point by a person authorised by the Board.\n\n","sortOrder":590},{"sectionNumber":"614","sectionType":"section","heading":"Offence to fail to comply with a notice to produce or attend","content":"\t614 Offence to fail to comply with a notice to produce or attend\n\nA person who is duly served with a notice to produce or notice to attend must not, without reasonable excuse, refuse or fail to comply with the notice.\n\nPenalty: 30 penalty units or imprisonment for 3 months.\n\n","sortOrder":591},{"sectionNumber":"615","sectionType":"section","heading":"Offence to fail to take oath, make affirmation or answer question","content":"\t615 Offence to fail to take oath, make affirmation or answer question\n\n(1) A person who is duly served with a notice to attend a meeting of the Youth Parole Board under section 607(1)(c) or (d) must not, without reasonable excuse—\n\n(a) refuse or fail to take an oath or make an affirmation when required to do so; or\n\n(b) refuse or fail to answer a question that the person is required to answer by the Board.\n\nPenalty: 30 penalty units or imprisonment for 3 months.\n\n(2) A person does not commit an offence against subsection (1) unless, before the person is required to take the oath or make the affirmation or answer the question, the Youth Parole Board informs the person that refusal or failure to do so without reasonable excuse is an offence.\n\n","sortOrder":592},{"sectionNumber":"616","sectionType":"section","heading":"Costs of attending meeting of the Youth Parole Board","content":"\t616 Costs of attending meeting of the Youth Parole Board\n\n(1) A person who attends a meeting of the Youth Parole Board, whether physically or by audio visual link—\n\n(a) in accordance with a notice to attend; or\n\n(b) at the request of the Board—\n\nis entitled to be paid expenses and allowances in accordance with the prescribed scale.\n\n(2) Subsection (1) does not apply to a child or young person detained in a youth justice custodial centre or released on parole.\n\n","sortOrder":593},{"sectionNumber":"617","sectionType":"section","heading":"Protection of members of the Youth Parole Board at Youth Parole Board meetings","content":"\t617 Protection of members of the Youth Parole Board at Youth Parole Board meetings\n\nA member of the Youth Parole Board has, in respect of the performance of the member's functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of the judge's duties as judge.\n\nDivision 3—Jurisdiction of the Youth Parole Board\n\n","sortOrder":594},{"sectionNumber":"618","sectionType":"section","heading":"Children and young persons detained in youth justice custodial centre subject to Youth Parole Board","content":"\t618 Children and young persons detained in youth justice custodial centre subject to Youth Parole Board\n\n(1) Every child or young person ordered by a court to be detained in a youth justice custodial centre is subject to the jurisdiction of the Youth Parole Board.\n\n(2) Every child or young person transferred to a youth justice custodial centre under a direction given under section 674 is subject to the jurisdiction of the Youth Parole Board.\n\n(3) Despite subsection (1), the Youth Parole Board does not have jurisdiction in respect of a child detained in a youth justice custodial centre in accordance with a custodial supervision order under Part 5A of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\nDivision 4—Information sharing about incidents and release on parole\n\n","sortOrder":595},{"sectionNumber":"619","sectionType":"section","heading":"Secretary must give certain information to Youth Parole Board about incidents","content":"\t619 Secretary must give certain information to Youth Parole Board about incidents\n\n(1) The Secretary must notify the Youth Parole Board in writing if—\n\n(a) the Secretary becomes aware that a child or young person detained in a youth justice custodial centre—\n\n(i) has been involved in an incident that has threatened the security and stability of the centre; or\n\n(ii) has engaged in conduct that has threatened the safety of another person, or damaged property, at the centre; and\n\n(b) the incident or conduct is relevant to—\n\n(i) parole planning for the child or young person; or\n\n(ii) an application under section 667, 668, 669 or 680 relating to the child or young person that is currently before the Youth Parole Board; or\n\n(iii) a determination under section 679(2) in relation to the child or young person.\n\n(2) The Secretary must notify the Youth Parole Board under subsection (1) as soon as possible after becoming aware of the incident or conduct.\n\n(3) After receiving a notice under subsection (1), the Youth Parole Board may—\n\n(a) request further additional information about the incident or conduct; and\n\n(b) specify a reasonable period within which the additional information is to be provided.\n\n(4) If the Youth Parole Board requests further additional information under subsection (3), the Secretary must provide the additional information within the specified period (if any).\n\n(5) If the Secretary notifies the Youth Parole Board under subsection (1) of a child's or young person's involvement in an incident or conduct—\n\n(a) the Secretary must notify the child or young person that the Youth Parole Board has been notified; and\n\n(b) the Youth Parole Board must give the child or young person an opportunity to comment on that involvement or conduct.\n\n","sortOrder":596},{"sectionNumber":"620","sectionType":"section","heading":"Information sharing by Youth Parole Board about release on parole","content":"\t620 Information sharing by Youth Parole Board about release on parole\n\n(1) The Youth Parole Board must notify Victoria Police of—\n\n(a) the release on parole, or scheduled release on parole, of a child or young person who was or is detained in a youth justice custodial centre for at least one Category A serious youth offence or Category B serious youth offence; and\n\n(b) any conditions of the parole.\n\n(2) The Youth Parole Board may notify Victoria Police of—\n\n(a) the release on parole, or scheduled release on parole of any other child or young person who was or is detained in a youth justice custodial centre; and\n\n(b) any conditions of the parole.\n\nPart 12.2—Release on parole from youth justice custodial centre\n\nDivision 1—Explanation and use of information\n\n\t621 Explanation of parole orders and decision-making criteria\n\n(1) This section applies if the Youth Parole Board is considering releasing a child or young person on parole, and that child or young person is present at the meeting of the Board.\n\n(2) The Youth Parole Board must explain to the child or young person and (if present) the parent of the child or young person—\n\n(a) the purpose and effect of a youth parole order; and\n\n(b) the potential consequences of contravention of a youth parole order; and\n\n(c) the criteria to be applied by the Youth Parole Board in determining whether to make a youth parole order.\n\n(3) The explanation must be made—\n\n(a) using easily understandable language appropriate to the age, maturity and stage of development of the child or young person; and\n\n(b) if the parent of the child or young person is present, in a way in which the parent will understand.\n\n","sortOrder":597},{"sectionNumber":"622","sectionType":"section","heading":"Use of information given by persons on Youth Justice Victims Register","content":"\t622 Use of information given by persons on Youth Justice Victims Register\n\n(1AA) This section applies if the Youth Parole Board receives information about a child or young person from a person included on the Youth Justice Victims Register in relation to that child or young person.\n\n(1) The Youth Parole Board must have regard to that information when determining any of the following—\n\n(2) In having regard to the information, the Youth Parole Board may, in its absolute discretion, give the information such weight as the Board sees fit.\n\n","sortOrder":598},{"sectionNumber":"623","sectionType":"section","heading":"Use of victim impact statement","content":"\t623 Use of victim impact statement\n\n(1AA) This section applies if the Youth Parole Board receives a victim impact statement in relation to a particular child or young person.\n\n(1) The Youth Parole Board must have regard to that statement when determining any of the following—\n\n(2) In having regard to the victim impact statement, the Youth Parole Board may, in its absolute discretion, give the statement such weight as the Board sees fit.\n\n","sortOrder":599},{"sectionNumber":"624","sectionType":"section","heading":"Use of parole stage group conference report","content":"\t624 Use of parole stage group conference report\n\n(1) This section applies if the Youth Parole Board has requested a parole stage group conference report under section 652.\n\n(2) The Youth Parole Board must have regard to the parole stage group conference report when determining any of the following—\n\n(3) In having regard to the parole stage group conference report, the Youth Parole Board may, in its absolute discretion, give the report such weight as the Board sees fit.\n\n","sortOrder":600},{"sectionNumber":"625","sectionType":"section","heading":"Limitation on Youth Parole Board's consideration of terrorism risk information","content":"\t625 Limitation on Youth Parole Board's consideration of terrorism risk information\n\nIn considering whether to make any determination or order under this Part, the Youth Parole Board must not have regard to terrorism risk information regarding a child or young person having, or having had, an association with another person or a group referred to in section 8(3)(b)(i), (ii) or (iii) unless the Board is satisfied that the child or young person knew—\n\n(a) that the other person or group had expressed support for—\n\n(b) that the other person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or\n\n(c) that the group was a terrorist organisation.\n\n","sortOrder":601},{"sectionNumber":"626","sectionType":"section","heading":"Secretary may provide terrorism risk information for purposes of this Part","content":"\t626 Secretary may provide terrorism risk information for purposes of this Part\n\nFor the purposes of this Part, the Secretary may provide to the Youth Parole Board terrorism risk information in respect of a child or young person about whom a determination or order may be made under this Part.\n\n1 Other sections of this Part impose certain requirements as a consequence of the Secretary providing information under this section. See sections 629 and 639.\n\n2 Section 716 also authorises the Secretary, and persons employed in the Department, to disclose terrorism risk information to the Youth Parole Board. However, sections 629 and 639 only apply as a consequence of a disclosure under this section.\n\nDivision 2—Release on parole\n\n","sortOrder":602},{"sectionNumber":"627","sectionType":"section","heading":"Release on parole from youth justice custodial centre","content":"\t627 Release on parole from youth justice custodial centre\n\n(1) Subject to this Part, the Youth Parole Board may by written order direct that a child or young person detained in a youth justice custodial centre be released on or granted parole at the time specified in the order.\n\n(2) A child or young person must be released on or granted parole in accordance with the order under subsection (1) unless the Youth Parole Board sooner revokes the order under subsection (4).\n\n(3) If, before a child or young person is released on parole, the Youth Parole Board determines that the child or young person is to be released at a time other than the time specified in the parole order, the child or young person must be released at that other time.\n\n(4) Before a child or young person is released under a parole order, the Youth Parole Board may revoke the order.\n\n\t628 Release on parole of young person subject to youth justice custodial order under section 10AA(2) of the Sentencing Act 1991\n\n(1) This section applies to a young person in respect of whom a youth justice custodial order has been made in accordance with section 10AA(2) of the **Sentencing Act 1991**.\n\n(2) The Youth Parole Board must not release on parole the young person before the expiry of the minimum term applicable under section 10AA(2) of the **Sentencing Act 1991**.\n\n","sortOrder":603},{"sectionNumber":"629","sectionType":"section","heading":"Determination of parole where terrorism risk information provided","content":"\t629 Determination of parole where terrorism risk information provided\n\n(1) If the Secretary provides the Youth Parole Board with terrorism risk information under section 626 in respect of a child or young person,  the Youth Parole Board must not determine whether to release the child or young person on parole until the Board has first determined whether or not the Board is satisfied that there is a risk that the person will commit a terrorism or foreign incursion offence.\n\n(2) Subsection (1) does not apply in relation to a determination of whether to release on parole a child or young person who—\n\n(a) has a terrorism record; or\n\n(b) is charged with a terrorism or foreign incursion offence.\n\n(3) This section applies subject to section 625.\n\nSection 625 limits the circumstances in which the Youth Parole Board may have regard to certain terrorism risk information.\n\n","sortOrder":604},{"sectionNumber":"630","sectionType":"section","heading":"Presumption against release on parole in case of terrorism risk","content":"\t630 Presumption against release on parole in case of terrorism risk\n\n(1) The presumption against parole set out in subsection (2) applies to a child or young person if—\n\n(a) the child or young person has a terrorism record; or\n\n(b) the child or young person is charged with a terrorism or foreign incursion offence; or\n\n(c) under section 629, the Youth Parole Board has determined that there is a risk that the child or young person will commit a terrorism or foreign incursion offence.\n\n(2) The Youth Parole Board must not release on parole a child or young person referred to in subsection (1) unless satisfied that—\n\n(a) in the case of a child or young person who has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify making the order; or\n\n(b) in any other case, there are compelling reasons that justify making the order.\n\n","sortOrder":605},{"sectionNumber":"631","sectionType":"section","heading":"Conditions of a youth parole order","content":"\t631 Conditions of a youth parole order\n\n(1) A youth parole order is subject to—\n\n(a) the standard parole conditions imposed under section 632; and\n\n(b) if section 633 applies, the additional parole conditions imposed under section 633; and\n\n(c) any special parole conditions imposed under section 634.\n\n(2) A child or young person released on or granted parole must during the parole period comply with the conditions of the parole order.\n\n","sortOrder":606},{"sectionNumber":"632","sectionType":"section","heading":"Standard conditions of youth parole order","content":"\t632 Standard conditions of youth parole order\n\n(1) Subject to this section, the Youth Parole Board must impose on a youth parole order the following conditions (the ***standard parole conditions****)*—\n\n(a) the child or young person must not commit an offence punishable by imprisonment;\n\n(b) the child or young person must be supervised by the Secretary;\n\n(c) the child or young person must comply with any lawful instructions of the Secretary;\n\n(d) the child or young person must report as and when reasonably directed by the Secretary;\n\n(e) the child or young person may be interviewed by the Secretary at any reasonable time and place that the Secretary directs;\n\n(f) the child or young person must advise the Secretary within 2 days after the change if the child or young person changes address;\n\n(g) the child or young person must not leave Victoria without the written permission of the Youth Parole Board;\n\n(h) any prescribed standard condition.\n\n(2) The Youth Parole Board may decide not to impose a standard parole condition on a child's or young person's youth parole order.\n\n(3) During the parole period the Youth Parole Board may amend or vary any of the standard parole conditions imposed on a child's or young person's youth parole order.\n\n","sortOrder":607},{"sectionNumber":"633","sectionType":"section","heading":"Additional parole conditions to be imposed in relation to certain offences","content":"\t633 Additional parole conditions to be imposed in relation to certain offences\n\n(a) a child or young person was detained in a youth justice custodial centre or was otherwise subject to the jurisdiction of the Youth Parole Board; and\n\n(b) the child or young person was detained in respect of—\n\n(i) a Category A serious youth offence committed when the child or young person was 16 years of age or over; or\n\n(ii) a Category B serious youth offence committed when the child or young person was 16 years of age or over, if the child or young person had previously been convicted of a Category A serious youth offence or a Category B serious youth offence.\n\n(2) In addition to standard parole conditions, the Youth Parole Board must impose on the child's or young person's youth parole order the following additional parole conditions (the ***additional parole conditions****)*—\n\n(a) any condition the Youth Parole Board considers necessary for the protection of any victim of an offence referred to in subsection (1)(b);\n\n(b) if the Youth Parole Board considers it appropriate, having regard to the circumstances of any offence referred to in subsection (1)(b), one or more of the following—\n\n(i) that the child or young person not visit particular places or areas, or only visit the places or areas at specified times;\n\n(ii) that the child or young person not contact specified persons or classes of person;\n\n(iii) that the child or young person undergo rehabilitation and treatment ordered by the Youth Parole Board;\n\n(iv) that the child or young person attend a day program specified by the Youth Parole Board.\n\n(3) Despite subsection (2), the Youth Parole Board may decide not to impose an additional parole condition  if the Youth Parole Board considers that the child or young person has demonstrated a history of good behaviour and positive engagement with rehabilitation programs throughout the period of detention for the offence referred to in subsection (1)(b).\n\n(4) During the parole period the Youth Parole Board may amend or vary any of the additional parole conditions imposed on a child's or young person's youth parole order.\n\n","sortOrder":608},{"sectionNumber":"634","sectionType":"section","heading":"Special parole conditions","content":"\t634 Special parole conditions\n\n(1) In addition to standard parole conditions and any additional parole conditions, the Youth Parole Board may impose on a child's or young person's parole order any special parole condition that the Youth Parole Board considers reasonable and appropriate in the circumstances, taking into account—\n\n(a) the guiding youth justice principles; and\n\n(b) the statement of the purpose of youth parole, published in the Board's annual report*.*\n\n(2) During the parole period the Youth Parole Board may amend or vary any of the special parole conditions imposed on a child's or young person's youth parole order.\n\n","sortOrder":609},{"sectionNumber":"635","sectionType":"section","heading":"Child or young person still under sentence until end of parole period","content":"\t635 Child or young person still under sentence until end of parole period\n\n(1) A child or young person is to be regarded as having served their period of detention if—\n\n(a) at the end of the parole period the Youth Parole Board has not made an order cancelling the child's or young person's parole under section 636(1); or\n\n(b) during the parole period the child or young person has not committed, whether in Victoria or elsewhere, an offence for which the child or young person could be sentenced to a term of imprisonment or period of detention in a youth justice custodial centre for more than 3 months.\n\n(2) Until the parole period ends or until the child or young person is otherwise discharged from the sentence of detention, a child or young person released on parole is to be regarded as being still under sentence and as not having served their period of detention.\n\nDivision 3—Cancellation of parole\n\n","sortOrder":610},{"sectionNumber":"636","sectionType":"section","heading":"Cancellation of parole","content":"\t636 Cancellation of parole\n\n(1) Subject to this section and sections 637, 638 and 639, the Youth Parole Board, by order, may cancel the parole of a child or young person released on or granted parole under section 627 at any time before the end of the parole period.\n\n(2) If the child or young person is sentenced to a term of imprisonment or to a period of detention in a youth justice custodial centre for more than 3 months in respect of an offence committed during the parole period, whether in Victoria or elsewhere, the Youth Parole Board may cancel that child's or young person's parole, whether or not the parole period has already ended.\n\n(3) If a child's or young person's parole is cancelled under subsection (1)—\n\n(a) the original warrant or other authority for the child's or young person's detention revives; and\n\n(b) unless the Youth Parole Board otherwise orders, having regard to the extent to and the manner in which the child or young person complied with the parole order, no part of the time between being released on parole and recommencing to serve the unexpired portion of the period of detention is to be regarded as time served in respect of the period of detention.\n\n(4) If section 667 applies, the original warrant or other authority for the child's or young person's detention is taken to be a warrant to imprison the child or young person in a youth justice custodial centre.\n\n\t637 Youth Parole Board must consider cancelling parole of child or young person charged with terrorism or foreign incursion offences in certain circumstances\n\n(1) Subject to subsection (2), the Youth Parole Board must consider whether to cancel a child's or young person's parole under section 636(1) if—\n\n(a) while on parole, the child or young person is charged with a terrorism or foreign incursion offence that is alleged to have been committed while the person was on parole; and\n\n(b) either the child or young person—\n\n(i) has a terrorism record; or\n\n(ii) was released on parole following the Board determining under section 629 that there was a risk that the child or young person would commit a terrorism or foreign incursion offence.\n\n(2) The Youth Parole Board must cancel the child's or young person's parole unless satisfied that—\n\n(a) if the child or young person has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify the continuation of the parole; or\n\n","sortOrder":611},{"sectionNumber":"638","sectionType":"section","heading":"Youth Parole Board must consider cancelling parole of child or young person who gains a terrorism record while on parole","content":"\t638 Youth Parole Board must consider cancelling parole of child or young person who gains a terrorism record while on parole\n\n(1) Subject to subsection (2), the Youth Parole Board must consider whether to cancel a child's or young person's parole under section 636(1) if the child or young person gains a terrorism record while on parole.\n\nA child or young person becomes subject to a terrorism‑related order while on parole.\n\n(2) The Youth Parole Board must cancel the child's or young person's parole unless satisfied that—\n\n(a) if the child or young person has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify the continuation of the parole; or\n\n","sortOrder":612},{"sectionNumber":"639","sectionType":"section","heading":"Youth Parole Board must consider cancelling parole if new terrorism risk information provided","content":"\t639 Youth Parole Board must consider cancelling parole if new terrorism risk information provided\n\n(1) Subject to subsections (2) and (3), the Youth Parole Board must consider whether to cancel a child's or young person's parole under section 636(1) if, while the child or young person is on parole, the Secretary provides the Board with terrorism risk information under section 626 in respect of the child or young person that is new to the Board.\n\n(2) The Youth Parole Board must cancel the child's or young person's parole if satisfied that—\n\n(a) in the case of a child or young person released on parole following the Board determining under section 629 that there was a risk that the child or young person would commit a terrorism or foreign incursion offence, there has been an increase in the risk in relation to which that determination was made; or\n\n(b) in the case of a child or young person who had a terrorism record when released on parole, the risk that the person will commit a terrorism or foreign incursion offence has increased since the person was released on parole; or\n\n(c) in any other case, there is a risk that the child or young person will commit a terrorism or foreign incursion offence.\n\n(3) Despite subsection (2), the Youth Parole Board is not required to cancel the child's or young person's parole if satisfied that—\n\n(a) if the child or young person has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify the continuation of the parole; or\n\n(4) This section applies subject to section 625.\n\nSection 625 limits the circumstances in which the Youth Parole Board may have regard to certain terrorism risk information.\n\n","sortOrder":613},{"sectionNumber":"640","sectionType":"section","heading":"Warrant may be issued if parole cancelled","content":"\t640 Warrant may be issued if parole cancelled\n\nIf a child's or young person's parole is cancelled, the Youth Parole Board or any member of the Board may—\n\n(a) authorise any police officer or other officer by warrant signed by the secretary of the Youth Parole Board or a member of the Board—\n\n(i) to search for and apprehend the child or young person and for that purpose to—\n\n(A) enter any premises where the child or young person is believed to be located; and\n\n(B) in the case of a police officer, use reasonable force to enter those premises; and\n\n(ii) to return the child or young person to a youth justice custodial centre to serve the unexpired portion of the child's or young person's sentence of detention or to be otherwise dealt with by the Youth Parole Board; or\n\n(b) whether or not a warrant has been issued under paragraph (a), apply to a magistrate for a warrant authorising any police officer or other officer to do the things described in paragraph (a)(i) and (ii).\n\n","sortOrder":614},{"sectionNumber":"641","sectionType":"section","heading":"Execution of warrant issued under section 640","content":"\t641 Execution of warrant issued under section 640\n\n(1) A warrant issued under section 640(a) is sufficient authority for doing the things described in section 640(a)(i) and (ii).\n\n(2) A police officer or other officer who, in executing a warrant issued under section 640(a) or (b), intends to enter any premises where the child or young person whose parole is cancelled is believed to be located must announce that the police officer or other officer is authorised by the warrant to enter the place.\n\n(3) If a police officer complies with subsection (2) and is unable to obtain unforced entry to the premises, the police officer must give any person at the premises an opportunity to allow entry to the premises.\n\n(4) A police officer need not comply with subsection (3) if the police officer believes on reasonable grounds that immediate entry to the place is required to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\n","sortOrder":615},{"sectionNumber":"642","sectionType":"section","heading":"Cancellation of parole may be revoked","content":"\t642 Cancellation of parole may be revoked\n\n(1) If the Youth Parole Board cancels a child's or young person's parole under section 636—\n\n(a) at any time by further order, the Youth Parole Board may revoke the cancellation; and\n\n(b) on revocation of the cancellation, the parole order revives.\n\n(2) The Youth Parole Board may revoke any order for cancellation of parole at any time before the warrant to arrest is executed and, on revoking the order, must cause the warrant to be withdrawn.\n\n","sortOrder":616},{"sectionNumber":"643","sectionType":"section","heading":"Youth Parole Board may release on parole more than once","content":"\t643 Youth Parole Board may release on parole more than once\n\nThe Youth Parole Board may release a child or young person on parole more than once, whether or not the child's or young person's parole has been cancelled on any prior occasion or occasions in respect of the same period of detention.\n\nDivision 4—Authorised youth justice community workers\n\n\t644 Secretary may authorise youth justice community worker to perform functions and exercise duties and powers under youth parole orders\n\n(1) The Secretary may authorise a youth justice community worker to exercise any power or duty and perform any function of the Secretary under a youth parole order.\n\n(2) An authorised youth justice community worker in relation to a youth parole order made by the Youth Parole Board, is subject to the direction of the Youth Parole Board but is otherwise subject to the direction and control of the Secretary.\n\n(3) If the conditions of a parole order require a child or young person to be under the supervision of the Secretary, or confer any other power, duty or function on the Secretary, the Secretary must assign an authorised youth justice community worker under subsection (1)—\n\n(a) to supervise the child or young person; and\n\n(b) to exercise any power or duty and perform any function of the Secretary under the youth parole order.\n\n(4) The Secretary, from time to time, may assign another authorised  youth justice community worker in place of the authorised youth justice community worker previously assigned.\n\n","sortOrder":617},{"sectionNumber":"Part 12","sectionType":"part","heading":"3—Parole stage group conference","content":"Part 12.3—Parole stage group conference\n\n","sortOrder":618},{"sectionNumber":"645","sectionType":"section","heading":"Referral for parole stage group conference","content":"\t645 Referral for parole stage group conference\n\n(1) The Youth Parole Board may refer a child or young person who is serving a custodial sentence for an assessment as to whether it is appropriate for the child or young person to participate in a parole stage group conference.\n\n(2) A referral under subsection (1) must be made to an approved service provider that is approved to conduct parole stage group conferences.\n\n","sortOrder":619},{"sectionNumber":"646","sectionType":"section","heading":"Assessment for parole stage group conference","content":"\t646 Assessment for parole stage group conference\n\n(1) On receiving a referral under section 645, a convenor must assess whether it is appropriate for a child or young person to participate in a parole stage group conference, having regard to guidelines (if any) made by the Secretary under this section.\n\n(2) An assessment that it is not appropriate for a child or young person to participate in a parole stage group conference does not affect the eligibility of the child or young person for youth parole or ongoing parole.\n\n(3) The Secretary may make guidelines as to the assessment of a child or young person for participation in a group conference.\n\n","sortOrder":620},{"sectionNumber":"647","sectionType":"section","heading":"Conference will only proceed with consent of child or young person","content":"\t647 Conference will only proceed with consent of child or young person\n\n(1) A parole stage group conference must not proceed in respect of a child or young person without the consent of the child or young person.\n\n(2) A child or young person may revoke their consent to the conduct of a parole stage group conference at any time before the group conference takes place.\n\n(3) A refusal to give consent or the withdrawal of consent by the child or young person does not affect the eligibility of the child or young person for youth parole or ongoing parole.\n\n","sortOrder":621},{"sectionNumber":"648","sectionType":"section","heading":"Date and time of parole stage group conference","content":"\t648 Date and time of parole stage group conference\n\nThe convenor of a parole stage group conference must fix—\n\n","sortOrder":622},{"sectionNumber":"649","sectionType":"section","heading":"Attendees of parole stage group conference","content":"\t649 Attendees of parole stage group conference\n\n(1) The following persons must attend a parole stage group conference for a child or young person—\n\n(a) the child or young person;\n\n(b) the group conference convenor.\n\n(2) Any of the following persons may attend a parole stage group conference for a child or young person—\n\n(a) a member of the family of the child or young person;\n\n(b) a person of significance to the child or young person;\n\n(c) a victim of the offence for which the child or young person is serving a custodial sentence or the victim's representative;\n\n(d) a support person of a victim of the offence for which the child or young person is serving a custodial sentence;\n\n(e) if applicable, a person who is required under any Act or regulation to provide support to the child or young person;\n\n(f) the legal representative of the child or young person;\n\n(g) any other person permitted to attend by the convenor*.*\n\n","sortOrder":623},{"sectionNumber":"650","sectionType":"section","heading":"Objects of parole stage group conference","content":"\t650 Objects of parole stage group conference\n\n(1) The primary object of a parole stage group conference in respect of a child or young person who is serving a custodial sentence is to plan for and support—\n\n(a) the transition of the child or young person from custody; and\n\n(b) the reintegration of the child or young person into the community.\n\n(2) A parole stage group conference in respect of a child or young person who is serving a custodial sentence may also promote the following objects—\n\n(a) to reduce the likelihood of the child or young person reoffending;\n\n(b) to promote community safety;\n\n(c) to provide a safe, supportive and solution-focussed process which assists the child or young person to—\n\n(i) repair any harm to themselves, victims of their alleged offending, their families and their community; and\n\n(iii) restore and strengthen relationships with members of their family and their community;\n\n(d) to engage parents and persons of significance in the life of the child or young person and any organisations or agencies that have responsibility for the child or young person to—\n\n(i) address the underlying causes of the conduct of the child or young person; and\n\n(ii) support the rehabilitation and positive development of the child or young person.\n\n","sortOrder":624},{"sectionNumber":"651","sectionType":"section","heading":"Conduct of parole stage group conference","content":"\t651 Conduct of parole stage group conference\n\nA parole stage group conference must be chaired by a convenor.\n\n","sortOrder":625},{"sectionNumber":"652","sectionType":"section","heading":"Report of parole stage group conference","content":"\t652 Report of parole stage group conference\n\nThe convenor of a parole stage group conference must prepare a report for the Youth Parole Board if requested by the Youth Parole Board.\n\n","sortOrder":626},{"sectionNumber":"653","sectionType":"section","heading":"Confidentiality","content":"\t653 Confidentiality\n\n(1) A person who attends a parole stage group conference must not disclose any information given or statement made at the group conference unless the disclosure is authorised under subsection (2).\n\n(2) A person may disclose information given or a statement made at a parole stage group conference if the person discloses in any of the following circumstances—\n\n(a) with the consent of the parties to the group conference;\n\n(b) by the convenor for the purposes of making a record of the proceedings at the group conference;\n\n(c) by the convenor for the purposes of preparing a report for the Youth Parole Board;\n\n(d) in a discussion between a person who attended the conference and the person's legal representative;\n\n(e) in a discussion between the legal representatives of persons who attended the conference;\n\n(f) by the convenor to a person who has a genuine and proper interest in supporting a child or young person to complete youth parole;\n\n(g) for any other prescribed purpose.\n\nPart 12.4—Youth Justice Victims Register\n\n","sortOrder":627},{"sectionNumber":"654","sectionType":"section","heading":"Youth Justice Victims Register","content":"\t654 Youth Justice Victims Register\n\n(1) The Youth Justice Victims Register is established.\n\n(2) The purpose of the Youth Justice Victims Register is to record persons who are entitled—\n\n(a) to be given information under section 659; and\n\n(b) to give information to the Youth Parole Board to inform parole determinations and conditions under section 664.\n\n(3) The Youth Justice Victims Register must be kept in a form determined by the Secretary.\n\n","sortOrder":628},{"sectionNumber":"655","sectionType":"section","heading":"Functions and powers of the Secretary in relation to the Youth Justice Victims Register","content":"\t655 Functions and powers of the Secretary in relation to the Youth Justice Victims Register\n\n(1) The Secretary has the following functions in relation to the Youth Justice Victims Register—\n\n(a) to administer and maintain the Youth Justice Victims Register;\n\n(b) any other prescribed functions.\n\n(2) The Secretary has those powers which are necessary for the carrying out of the functions of the Youth Justice Victims Register under this Act or the regulations.\n\n","sortOrder":629},{"sectionNumber":"656","sectionType":"section","heading":"Application to be included on the Youth Justice Victims Register","content":"\t656 Application to be included on the Youth Justice Victims Register\n\n(1) A person may apply to the Secretary to be included on the Youth Justice Victims Register if the person meets the eligibility criteria.\n\n(2) For the purposes of subsection (1), a person meets the eligibility criteria if that person—\n\n(a) has had a criminal act of violence committed against them by a child or young person who is subject to the jurisdiction of the Youth Parole Board under this Chapter; or\n\n(b) is the next of kin or primary carer of a person who has died as a direct result of a criminal act of violence committed by a child or young person who is subject to the jurisdiction of the Youth Parole Board under this Chapter; or\n\n(c) is the primary carer of a person who—\n\n(i) has had a criminal act of violence committed against them by a child or young person who is subject to the jurisdiction of the Youth Parole Board under this Chapter; and\n\n(ii) is under 18 years of age or is incapable of managing their own affairs; or\n\n(d) can demonstrate a documented history of family violence being committed against them by a child or young person who is subject to the jurisdiction of the Youth Parole Board under this Chapter.\n\n(3) The application must—\n\n(a) be in writing; and\n\n(b) include details of the basis on which the applicant claims to meet the eligibility criteria; and\n\n(c) if the applicant wishes to appoint a nominee, include the details set out in section 658(2); and\n\n(d) include any other prescribed information.\n\n","sortOrder":630},{"sectionNumber":"657","sectionType":"section","heading":"Inclusion on the Youth Justice Victims Register","content":"\t657 Inclusion on the Youth Justice Victims Register\n\n(1) An applicant who meets the eligibility criteria set out in section 656(2)(a) to (c) must be included on the Youth Justice Victims Register.\n\n(2) An applicant who meets the eligibility criteria set out in section 656(2)(d) may be included on the Youth Justice Victims Register if—\n\n(a) the Secretary is satisfied that the applicant has demonstrated a documented history of family violence being committed against the applicant by a child or young person who is subject to the jurisdiction of the Youth Parole Board under this Chapter; and\n\n(b) the Secretary approves the inclusion of the applicant on the Youth Justice Victims Register.\n\n","sortOrder":631},{"sectionNumber":"658","sectionType":"section","heading":"Appointment of nominee","content":"\t658 Appointment of nominee\n\n(1) An applicant for inclusion on the Youth Justice Victims Register may appoint a nominee to whom information is to be disclosed under section 659 instead of being disclosed directly to the applicant.\n\n(2) To appoint a nominee, the applicant must include the following in their application for inclusion on the Youth Justice Victims Register—\n\n(a) the nominee's name and contact details;\n\n(b) details of the nominee's relationship to the applicant;\n\n(c) the reason that the applicant wishes information under section 659 to be disclosed to the nominee rather than directly to the applicant;\n\n(d) an undertaking in the prescribed form completed by the nominee that the nominee will not disclose the information given under section 659 by the Secretary other than in accordance with this Act;\n\n(e) any other prescribed information.\n\n(3) A person included on the Youth Justice Victims Register may appoint a nominee at any time by giving written notice to the Secretary and including the information referred to in subsection (2)(a) to (e).\n\n(4) The Secretary may include the details of a nominee as part of the details of a person on the Youth Justice Victims Register if the Secretary is satisfied it is appropriate to do so in all the circumstances.\n\n(5) The Secretary may refuse to include the details of a nominee as part of the details of a person on the Youth Justice Victims Register if the Secretary believes on reasonable grounds that the disclosure of information under section 659 to that nominee—\n\n(a) may endanger—\n\n(i) the security of any youth justice custodial centre; or\n\n(ii) the health, wellbeing and safety of any child or young person detained in a youth justice custodial centre; or\n\n(iii) the health, wellbeing and safety of any other person; or\n\n(b) may result in contravention of section 661.\n\n","sortOrder":632},{"sectionNumber":"659","sectionType":"section","heading":"Person on the Youth Justice Victims Register to be given certain information","content":"\t659 Person on the Youth Justice Victims Register to be given certain information\n\n(1) If a person is included on the Youth Justice Victims Register in relation to a child or young person who is subject to the jurisdiction of the Youth Parole Board under this Chapter, the Secretary must notify the person as soon as practicable before that child or young person is to be considered for parole by the Youth Parole Board.\n\n(2) The Secretary may give a person on the Youth Justice Victims Register some or all of the following information—\n\n(aa) details of the custodial sentence being served by the child or young person, including the period of detention under that sentence;\n\n(aab) details of an escape of the child or young person from custody that occurs while the custodial sentence is being served;\n\n(a) the date on which, and the circumstances in which, the child or young person is to be or is likely to be released from custody, including any temporary leave;\n\n(b) details of any conditions of the child's or young person's parole that the Secretary considers relevant in relation to—\n\n(i) the safety of the person included on the Youth Justice Victims Register; or\n\n(ii) the offence for which the child or young person is serving a custodial sentence.\n\n(3) If a person on the Youth Justice Victims Register has appointed a nominee, the Secretary may give information under subsection (1) or (2) to the nominee on behalf of the person on the Youth Justice Victims Register.\n\n(4) The Secretary must not disclose any information under subsection (2) or (3) unless the Secretary considers that the disclosure of the information is appropriate in all the circumstances.\n\n(5) In considering whether disclosure is appropriate in all the circumstances, the Secretary must consider the following—\n\n(a) any risk of harm to the person on the Youth Justice Victims Register if the information is not disclosed;\n\n(b) any risk of harm to the child or young person if the information is disclosed.\n\n","sortOrder":633},{"sectionNumber":"660","sectionType":"section","heading":"Confidentiality of information","content":"\t660 Confidentiality of information\n\nA person to whom information is disclosed under section 659 by the Secretary must treat that information in a confidential manner.\n\n","sortOrder":634},{"sectionNumber":"661","sectionType":"section","heading":"Offence to publish information disclosed under section 659","content":"\t661 Offence to publish information disclosed under section 659\n\n(1) A person must not publish, or cause to be published, any information relating to a child or young person if that person knows that the information has been disclosed under section 659.\n\nIn the case of a body corporate, 1200 penalty units.\n\n(2) A person must not solicit or obtain any information relating to a child or young person which has been disclosed under section 659 for the purposes of publication from—\n\n(a) a person on the Youth Justice Victims Register or that person's nominee (if any); or\n\n(b) a person who has previously been on the Youth Justice Victims Register or that person's nominee (if any).\n\nIn the case of a body corporate, 1200 penalty units.\n\n(3) A person on the Youth Justice Victims Register, a person who has previously been on the Youth Justice Victims Register or the nominee of either of those persons must not disclose any information relating to a child or young person which has been disclosed to that person under section 659 if that person reasonably believes that the information is likely to be or will be published or caused to be published.\n\n(4) Nothing in this section prevents—\n\n(a) a nominee of a person on the Youth Justice Victims Register disclosing information to the person on whose behalf information has been disclosed under section 659 by the Secretary to the nominee; or\n\n(b) a person on the Youth Justice Victims Register or a nominee of a person on the Youth Justice Victims Register from disclosing information disclosed under section 659 by the Secretary to an authorised person.\n\n***authorised person*** means any of the following—\n\n(a) in the case of a person on the Youth Justice Victims Register, a member of that person's family;\n\n(b) a police officer, the DPP or a person employed in the Office of Public Prosecutions established under the **Public Prosecutions Act 1994** if that police officer or person is investigating an offence;\n\n(c) a medical practitioner in the course of treatment of a person on the Youth Justice Victims Register in relation to a condition or issues arising from that person being a victim of a criminal act of violence;\n\n(d) a psychologist in the course of treatment of a person on the Youth Justice Victims Register in relation to a condition or issues arising from that person being a victim of a criminal act of violence;\n\n(e) a lawyer in the course of consulting that lawyer for legal advice;\n\n***publish*** means disseminate or provide access to the public or a section of the public by any means, including by—\n\n(a) publication in a book, newspaper, magazine or other written publication; or\n\n(b) broadcast by radio or television; or\n\n(c) public exhibition; or\n\n(d) broadcast or electronic communication—\n\nand ***publication*** must be construed accordingly.\n\n","sortOrder":635},{"sectionNumber":"662","sectionType":"section","heading":"Removal of person from Youth Justice Victims Register","content":"\t662 Removal of person from Youth Justice Victims Register\n\nThe Secretary may remove a person from the Youth Justice Victims Register in any of the following circumstances—\n\n(a) at the written request of the person;\n\n(b) if the Secretary is notified that the person has died;\n\n(c) if the Secretary is notified that the person has contravened section 661, or has acted in a manner that is inconsistent with section 660;\n\n(d) if the Secretary is notified that the person has acted in a threatening or unlawful manner toward the child or young person in relation to whom the person has received information under section 659 or that child's or young person's family;\n\n(e) if the Secretary is notified that the person has been convicted of a violent or sexual offence involving a child;\n\n(f) if the Children's Court so directs;\n\n(g) in the prescribed circumstances (if any).\n\n","sortOrder":636},{"sectionNumber":"663","sectionType":"section","heading":"Removal of nominee from Youth Justice Victims Register","content":"\t663 Removal of nominee from Youth Justice Victims Register\n\nThe Secretary may remove the details of a nominee of a person on the Youth Justice Victims Register in any of the following circumstances—\n\n(a) at the written request of the nominee;\n\n(b) at the written request of the person on the Youth Justice Victims Register;\n\n(c) if the Secretary is notified that the nominee has died;\n\n(d) if the Secretary is notified that the nominee has contravened section 661, or has acted in a manner that is inconsistent with section 660;\n\n(e) if the Secretary is notified that the nominee has acted in a threatening or unlawful manner toward the child or young person in relation to whom the nominee has received information under section 659 or that child's or young person's family;\n\n(f) if the Secretary is notified that the nominee has been convicted of a violent or sexual offence involving a child;\n\n(g) if the Children's Court so directs;\n\n(h) in the prescribed circumstances (if any).\n\n","sortOrder":637},{"sectionNumber":"664","sectionType":"section","heading":"Person on Youth Justice Victims Register may supply information to Youth Parole Board","content":"\t664 Person on Youth Justice Victims Register may supply information to Youth Parole Board\n\n(1) A person on the Youth Justice Victims Register may give information to the Youth Parole Board for consideration by the Board in determining any of the following—\n\n(a) whether a child or young person is eligible for release on parole;\n\n(b) whether to grant parole to a child or young person;\n\n(c) conditions of a child's or young person's parole under section 632, 633 or 634.\n\n(2) The information supplied to the Youth Parole Board under subsection (1)—\n\n(a) must be in the prescribed form (if any); and\n\n(b) must include the prescribed particulars (if any).\n\nChapter 13—Transfers\n\nPart 13.1—Transfer directions\n\n\t665 Limitation of Youth Parole Board's consideration of terrorism risk information\n\nIn considering whether to exercise a power under this Part, the Youth Parole Board must not have regard to terrorism risk information regarding a child or young person having, or having had, an association with another person or a group referred to in section 8(3)(b)(i), (ii) or (iii) unless the Youth Parole Board is satisfied that the child or young person knew—\n\n(a) that the other person or group had expressed support for—\n\n(b) that the other person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or\n\n(c) that the group was a terrorist organisation.\n\n","sortOrder":638},{"sectionNumber":"666","sectionType":"section","heading":"Entitlement to legal advice prior to transfer application under Division 2 or 4 being heard and determined","content":"\t666 Entitlement to legal advice prior to transfer application under Division 2 or 4 being heard and determined\n\n(1) The Secretary must provide a child or young person serving a sentence of detention in a youth justice custodial centre an opportunity to obtain legal advice in respect of an application to the Youth Parole Board for a transfer direction under Division 2 or 4 before the application is heard and determined.\n\n(2) A person providing legal advice to a child or young person under subsection (1) is not permitted to attend the hearing of the application.\n\nDivision 2—Transfer from youth justice custodial centre to prison\n\n","sortOrder":639},{"sectionNumber":"667","sectionType":"section","heading":"Secretary may apply to Youth Parole Board to transfer child or young person to prison","content":"\t667 Secretary may apply to Youth Parole Board to transfer child or young person to prison\n\n(1) The Secretary may apply to the Youth Parole Board for a direction that a child who is 16 years of age or over, or a young person, serving a sentence of detention in a youth justice custodial centre be transferred to a prison to serve the unexpired portion of the period of detention as imprisonment.\n\nThis includes a child or young person who has been transferred to a youth justice custodial centre from a prison under section 674—see section 675.\n\n(2) If an application is made under subsection (1), the Secretary must prepare a report for the Youth Parole Board, and if the child was under 18 years of age at the time of engaging in the conduct referred to in subsection (3)(b)(i), the Secretary must include the steps that have been taken to avoid the need to transfer the child to a prison.\n\n(3) The Youth Parole Board may give the direction if—\n\n(a) it considers it appropriate to do so—\n\n(i) taking into account the report from the Secretary; and\n\n(ii) having regard to the antecedents and behaviour of the child or young person; and\n\n(iii) having regard to the age, maturity and stage of development of the child or young person; and\n\n(b) it is satisfied that the child or young person—\n\n(i) has engaged in conduct—\n\n(A) that threatened the security or stability of a youth justice custodial centre; or\n\n(B) that caused serious harm to, or posed a risk of serious harm to, the health, wellbeing or safety of any other person in a youth justice custodial centre or when otherwise in the custody of the Secretary; and\n\n(ii) cannot reasonably be safely and appropriately accommodated and supported in a youth justice custodial centre.\n\n(4) In addition to the matters in subsection (3), in the case of a child who was 18 years of age or over at the time of engaging in the conduct referred to in subsection (3)(b)(i), or a young person, the Youth Parole Board must consider and give primary weight to—\n\n(a) alleviating future risks of serious harm to, and risks to the health and safety of, all persons in a youth justice custodial centre; and\n\n(b) promoting the security and stability of a youth justice custodial centre.\n\n","sortOrder":640},{"sectionNumber":"668","sectionType":"section","heading":"Secretary may apply for transfer of child 18 years of age or over or young person to prison","content":"\t668 Secretary may apply for transfer of child 18 years of age or over or young person to prison\n\n(1) The Secretary may apply to the Youth Parole Board for a direction that a child who is 18 years of age or over, or a young person, serving a sentence of detention in a youth justice custodial centre be transferred to a prison to serve the unexpired portion of the period of detention as imprisonment.\n\nThis includes a child or young person who has been transferred to a youth justice custodial centre from a prison under section 674—see section 675.\n\n(2) On an application under subsection (1), the Youth Parole Board may give the direction if the Board considers it appropriate to do so, having regard to the antecedents and behaviour of the child or young person.\n\n(3) The Youth Parole Board may also give a direction under subsection (2) on its own initiative.\n\n","sortOrder":641},{"sectionNumber":"669","sectionType":"section","heading":"Child or young person may apply for transfer to prison","content":"\t669 Child or young person may apply for transfer to prison\n\n(1) A child who is 16 years of age or over, or a young person, serving a sentence of detention in a youth justice custodial centre may apply to the Youth Parole Board for a direction that the child or young person be transferred to a prison to serve the unexpired portion of the period of detention as imprisonment.\n\nThis includes a child or young person who has been transferred to a youth justice custodial centre from a prison under section 674—see section 675.\n\n(2) The child or young person must appear before the Board to support the application.\n\n(3) If an application is made under subsection (1), the Secretary must prepare a report for the Youth Parole Board.\n\n(4) The Youth Parole Board may give the direction if it considers it appropriate to do so—\n\n(a) taking into account the report from the Secretary; and\n\n(b) having regard to the antecedents and behaviour of the child or young person; and\n\n(c) having regard to—\n\n(i) the child's or young person's capacity to make the request and understand its implications; and\n\n(ii) the child's or young person's reasons for the request.\n\n","sortOrder":642},{"sectionNumber":"670","sectionType":"section","heading":"Youth Parole Board must transfer child or young person to prison prior to child or young person turning 25 years of age","content":"\t670 Youth Parole Board must transfer child or young person to prison prior to child or young person turning 25 years of age\n\nIf—\n\n(a) a child or young person is serving a sentence of detention in a youth justice custodial centre; and\n\n(b) the child or young person turns 24 years of age and 6 months—\n\nbefore the child or young person turns 25 years of age, the Youth Parole Board must direct that the child or young person be transferred to a prison to serve the unexpired portion of the period of detention as imprisonment, unless the Board considers exceptional circumstances exist.\n\nThis includes a child or young person who has been transferred to a youth justice custodial centre from a prison under section 674—see section 675.\n\n","sortOrder":643},{"sectionNumber":"671","sectionType":"section","heading":"Transfer of other existing youth justice custodial orders in force at time a transfer direction is given","content":"\t671 Transfer of other existing youth justice custodial orders in force at time a transfer direction is given\n\n(a) a direction is given under section 667, 668, 669 or 670 in respect of a child or young person; and\n\n(b) the child or young person is currently serving another sentence of detention in the youth justice custodial centre.\n\n(2) The Youth Parole Board must direct that the unexpired portion of the period of detention under the other sentence of detention also be served as imprisonment.\n\n","sortOrder":644},{"sectionNumber":"672","sectionType":"section","heading":"Custody—transfer to prison","content":"\t672 Custody—transfer to prison\n\n(1) The Secretary must cause the physical transfer of a child or young person from a youth justice custodial centre to a prison on a direction of the Youth Parole Board given under—\n\n(a) section 667; or\n\n(b) section 668; or\n\n(c) section 669; or\n\n(d) section 670; or\n\n(e) section 679.\n\n(2) Subject to subsections (3) and (4), while being transferred from the youth justice custodial centre to the prison, the child or young person is in the legal custody of the youth justice custodial officer having the custody of that child or young person and acting under the direction of the Youth Parole Board and that officer must deliver that child or young person into the legal custody of the Secretary.\n\n(3) If requested to do so by the Secretary, a police officer may assist the youth justice custodial officer referred to in subsection (2) in the discharge of the officer's duties under that subsection and, in that case, the child or young person being transferred is deemed to be in the legal custody of the police officer.\n\n(4) If a child or young person is removed from a youth justice custodial centre by a protective services officer within the meaning of the **Victoria Police Act 2013** or a person authorised under section 9A(1B) of the **Corrections Act 1986** to carry out transport of a person, the child or young person being removed is deemed to be in the legal custody of the Chief Commissioner of Police.\n\n","sortOrder":645},{"sectionNumber":"673","sectionType":"section","heading":"Parole—transfer to prison","content":"\t673 Parole—transfer to prison\n\n(1) Subject to subsection (2), if a direction is given under section 667, 668, 669, 670 or 671 in respect of a child or young person (other than a child or young person who had been transferred to the youth justice custodial centre from a prison under section 674), on transfer to the prison, the child or young person becomes subject to the jurisdiction of the Adult Parole Board as if the period of detention served by the child or young person under each transferred sentence of detention prior to the transfer had been a non-parole period.\n\n(2) If a direction is given under section 667, 668, 669, 670 or 671 in respect of a child or young person who was sentenced to detention in a youth justice custodial centre under section 10AA(2) of the **Sentencing Act 1991**, on transfer to the prison, the child or young person becomes subject to the jurisdiction of the Adult Parole Board as if the minimum term of that order applicable under section 10AA(2) of that Act had been a non-parole period.\n\n(3) If a direction is given under section 667, 668, 669, 670 or 671 in respect of a child or young person who was transferred from a prison to a youth justice custodial centre under section 674, the child or young person becomes, on transfer back to the prison, subject to the jurisdiction of the Adult Parole Board for the unexpired portion of the term of the sentence and that sentence is to be treated for all purposes as a sentence of imprisonment.\n\n(4) In determining whether to release on parole a child or young person referred to in subsection (3), the Adult Parole Board may take into account the periods which the child or young person has spent in a youth justice custodial centre.\n\nDivision 3—Transfer from prison to youth justice custodial centre\n\n","sortOrder":646},{"sectionNumber":"674","sectionType":"section","heading":"Child or young person in prison may be transferred to youth justice custodial centre","content":"\t674 Child or young person in prison may be transferred to youth justice custodial centre\n\n(1) The Adult Parole Board may direct that a child or young person who is under 21 years of age and serving a sentence of imprisonment in a prison be transferred to a youth justice custodial centre to serve the unexpired portion of the term of imprisonment as detention if—\n\n(a) the Board is satisfied that—\n\n(i) it is appropriate in the interests of the child or young person; and\n\n(ii) the child or young person is suitable for detention in a youth justice custodial centre; and\n\n(iii) there is a place available for the child or young person in a youth justice custodial centre; and\n\n(iv) the child or young person can reasonably be safely and appropriately accommodated and supported in a youth justice custodial centre; and\n\n(b) the Board has considered a report under subsection (2) from the Secretary.\n\n(2) If the Adult Parole Board is considering making a direction under subsection (1), the Secretary must prepare a report on the matters referred to in subsection (1)(a)(i) to (iv).\n\n","sortOrder":647},{"sectionNumber":"675","sectionType":"section","heading":"Effect of transfer on sentence","content":"\t675 Effect of transfer on sentence\n\nA child or young person transferred under section 674 becomes, on transfer, subject to the jurisdiction of the Youth Parole Board for the unexpired portion of the term of the sentence of imprisonment and that sentence is to be treated for all purposes as a sentence of detention in a youth justice custodial centre.\n\n","sortOrder":648},{"sectionNumber":"676","sectionType":"section","heading":"Custody—transfer to youth justice custodial centre","content":"\t676 Custody—transfer to youth justice custodial centre\n\n(1) The Secretary must cause the physical transfer of a child or young person from a prison to a youth justice custodial centre on a direction of the Adult Parole Board given under section 674.\n\n(2) Subject to subsections (3) and (4), while being transferred from the prison to the youth justice custodial centre, the child or young person is in the legal custody of the youth justice custodial officer having the custody of that child or young person and acting under the direction of the Adult Parole Board and that officer must deliver that child or young person into the custody of the Secretary.\n\n(3) If requested to do so by the Secretary, a police officer may assist the youth justice custodial officer  referred to in subsection (2) in the discharge of the officer's duties under that subsection and, in that case, the child or young person being transferred is deemed to be in the legal custody of the police officer.\n\n(4) If a child or young person is removed from a prison by a protective services officer within the meaning of the **Victoria Police Act 2013** or a person authorised under section 9A(1B) of the **Corrections Act 1986** to carry out transport of a person, the child or young person being removed is deemed to be in the legal custody of the Chief Commissioner of Police.\n\n","sortOrder":649},{"sectionNumber":"677","sectionType":"section","heading":"Parole—transfer to youth justice custodial centre","content":"\t677 Parole—transfer to youth justice custodial centre\n\n(1) Despite section 627, the Youth Parole Board must not release a child or young person on parole before the expiry of any non-parole period fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the **Sentencing Act 1991** if the child or young person—\n\n(a) was sentenced to a term of imprisonment; and\n\n(b) has been transferred from a prison under a direction given under section 674 and is currently detained in a youth justice custodial centre.\n\n(2) Despite section 627, the Youth Parole Board must not release a child or young person on parole if—\n\n(a) the child or young person was sentenced to a term of imprisonment of 12 months or more; and\n\n(b) a non-parole period was not fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the **Sentencing Act 1991**.\n\n(3) In determining whether to release a child or young person on parole, the Youth Parole Board may take into account the periods which the child or young person has spent in a prison.\n\nDivision 4—Other directions and general matters\n\n","sortOrder":650},{"sectionNumber":"678","sectionType":"section","heading":"Child or young person transferred to prison—default of payment of fine or sum of money","content":"\t678 Child or young person transferred to prison—default of payment of fine or sum of money\n\nIf—\n\n(a) a child or young person is in a prison serving a sentence of detention as imprisonment in accordance with a direction given under section 667, 668, 669, 670, 671, 679 or 680; and\n\n(b) a warrant for the detention of the child or young person in a youth justice custodial centre in default of payment of a fine or sum of money is executed—\n\nthe Youth Parole Board may direct that the detention in default of payment of a fine or sum of money be served as imprisonment.\n\nAlso see Part 12.1 for procedural matters relating to parole which also apply to a direction under this section.\n\n","sortOrder":651},{"sectionNumber":"679","sectionType":"section","heading":"Child or young person in youth justice custodial centre sentenced to imprisonment","content":"\t679 Child or young person in youth justice custodial centre sentenced to imprisonment\n\n(a)  a child or young person is serving a sentence of detention in a youth justice custodial centre and before the sentence of detention expires, the child or young person is sentenced to a term of imprisonment for any offence; and\n\n(b) in the case of a child, the child is 16 years of age or over at the time of being sentenced to the term of imprisonment—\n\nthe Secretary must notify the Youth Parole Board that the child or young person has been sentenced to a term of imprisonment.\n\nSee section 682 in respect of sentences of detention imposed concurrently or cumulatively on sentences of imprisonment.\n\n(2) On a notification under subsection (1), the Youth Parole Board must direct that the child or young person serve the unexpired portion of the period of detention as imprisonment unless—\n\n(a) the Board considers there are exceptional circumstances; or\n\n(b) the Secretary advises the Board that the Secretary does not oppose the child or young person serving the unexpired portion of the period of detention in a youth justice custodial centre.\n\n(3) If a direction is given under subsection (2), the child or young person is subject to the jurisdiction of the Adult Parole Board as if the period of detention served by the child or young person before the sentence of imprisonment referred to in subsection (1), or their release on parole by the Youth Parole Board, had been a non-parole period.\n\n","sortOrder":652},{"sectionNumber":"680","sectionType":"section","heading":"Child or young person in prison sentenced to detention in youth justice custodial centre","content":"\t680 Child or young person in prison sentenced to detention in youth justice custodial centre\n\n(1) This section applies to a child or young person serving a sentence of imprisonment, whether in accordance with a sentence imposed by a court or a transfer direction under this Part, who is sentenced to a period of detention in a youth justice custodial centre before the end of that sentence of imprisonment.\n\n(2) Before the child or young person is released from the prison, whether under a parole order made by the Adult Parole Board in respect of the sentence of imprisonment or otherwise, the Secretary may apply to the Youth Parole Board for a direction that—\n\n(a) at the end of the first sentence of imprisonment, the child or young person serve the whole of the period of the subsequent sentence of detention (if it was to be served cumulatively on the sentence of imprisonment) as imprisonment; or\n\n(b) at the end of the first sentence of imprisonment, the child or young person must serve the unexpired portion (if any) of the period of the subsequent sentence of detention (if it was to be served concurrently with the first sentence of imprisonment) as imprisonment.\n\nSee section 683 in respect of sentences of detention imposed concurrently or cumulatively on sentences of imprisonment.\n\n(3) On an application under subsection (2), the Youth Parole Board may give the direction if it considers it appropriate to do so, having regard to the antecedents and behaviour of the child or young person.\n\n(4) The Youth Parole Board may also give a direction under subsection (3) on its own initiative.\n\n(5) If a direction is given under this section, the child or young person is, in respect of the imprisonment, subject to the jurisdiction of the Adult Parole Board and, whether or not a non‑parole period has been set in respect of that imprisonment, the Adult Parole Board, at any time, may release the child or young person on parole.\n\n(6) This section does not apply to or in relation to a child or young person who is sentenced to a period of detention in a youth justice custodial centre while that child or young person is released from a prison on parole.\n\n","sortOrder":653},{"sectionNumber":"681","sectionType":"section","heading":"Transfers unaffected by appeal","content":"\t681 Transfers unaffected by appeal\n\n(a) the Youth Parole Board has given a direction under section 667, 668, 669, 670, 671, 679 or 680 in respect of a child or young person; and\n\n(b) the child or young person appeals the sentence of detention in respect of which the direction referred to in paragraph (a) was given; and\n\n(c) that direction is in force at the time of the appeal.\n\n(2) The Secretary must inform the court hearing the appeal that a direction referred to in subsection (1)(a) has been given in respect of the sentence of detention being appealed by the child or young person.\n\n(3) If, on appeal, a court makes a youth justice custodial order in respect of the child or young person—\n\n(a) the direction referred to in subsection (1)(a) continues to apply; and\n\n(b) the period of detention under the youth justice custodial order must be served as imprisonment.\n\n(4) Nothing in this section affects the power of the Adult Parole Board to direct the transfer of a child or young person from a prison to a youth justice custodial centre under section 674.\n\n","sortOrder":654},{"sectionNumber":"Part 13","sectionType":"part","heading":"2—Service of sentences of detention and sentences of imprisonment","content":"Part 13.2—Service of sentences of detention and sentences of imprisonment\n\n\t682 Child or young person in youth justice custodial centre sentenced to term of imprisonment—presumption of concurrent service of sentences\n\n(1) Despite anything to the contrary in this Act or any other Act (other than the **Sentencing Act 1991** or the Charter of Human Rights and Responsibilities), every sentence of imprisonment imposed on a child or young person by a court, as from the date of its commencement, must be served concurrently with any uncompleted sentence or sentences of detention in a youth justice custodial centre imposed on that child or young person, whether before or at the time the relevant sentence was imposed, unless otherwise directed by the court at the time of pronouncing the sentence.\n\n(2) If the court directs that a sentence of imprisonment be served cumulatively on any uncompleted sentence or sentences of detention in a youth justice custodial centre, service of the sentence of detention must be suspended until the child or young person has served the sentence of imprisonment.\n\n\t683 Child or young person in prison sentenced to term of detention in youth justice custodial centre—presumption of concurrent service of sentences\n\n(1) Despite anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities), every sentence of detention in a youth justice custodial centre imposed on a child by the Children's Court must be, as from the date of its commencement, served concurrently with any uncompleted sentence or sentences of imprisonment imposed on that child, whether before or at the time the relevant sentence was imposed, unless otherwise directed by the Court at the time of pronouncing the sentence.\n\n(2) Subject to section 33 of the **Sentencing Act 1991**, every sentence of detention in a youth justice custodial centre imposed on a child or young person by a court must be, as from the date of its commencement, served concurrently with any uncompleted sentence or sentences of imprisonment imposed on that child or young person, whether before or at the time the relevant sentence was imposed, unless otherwise directed by the court at the time of pronouncing the sentence.\n\n(3) If the Children's Court or another court does direct that a sentence of detention be served cumulatively on any uncompleted sentence or sentences of imprisonment, service of the sentence of detention must be suspended until the child or young person has served the sentence of imprisonment.\n\n(4) This section does not apply to or in relation to a child or young person who is sentenced to a period of detention in a youth justice custodial centre while that child or young person is released from prison on parole.\n\n","sortOrder":655},{"sectionNumber":"684","sectionType":"section","heading":"Serving sentence of detention in youth justice custodial centre and held in custody elsewhere","content":"\t684 Serving sentence of detention in youth justice custodial centre and held in custody elsewhere\n\n(1) If a child or young person serving a sentence of detention in a youth justice custodial centre is brought before a court under section 563 or under any warrant or order of the Magistrates' Court, the child or young person is taken to be continuing to serve that sentence of detention even if the child or young person is held in custody in a prison, police gaol or other place that is not a youth justice custodial centre, unless that sentence of detention has been suspended under section 682.\n\n(2) If a child or young person who is sentenced to detention in a youth justice custodial centre is being held in custody in a prison, police gaol or other place that is not a youth justice custodial centre, the child or young person is taken to be serving that sentence of detention even if the child or young person is being held in custody otherwise than in a youth justice custodial centre, unless that sentence of detention has been suspended under section 682.\n\n(3) If the sentence of detention has been suspended under section 682, the child or young person is taken to be serving the sentence of imprisonment while being held in custody in a police gaol or other place that is not a prison.\n\nChapter 14—Multi-agency panels and high risk panel\n\nPart 14.1—Multi-agency panels\n\n\t685 Secretary may establish multi-agency panels\n\n(1) The Secretary may establish one or more multi‑agency panels.\n\n(2) A multi-agency panel may be established for—\n\n(a) a particular purpose; or\n\n(b) a particular place; or\n\n(c) a particular class or group of children or young persons.\n\n","sortOrder":656},{"sectionNumber":"686","sectionType":"section","heading":"Membership of multi-agency panels","content":"\t686 Membership of multi-agency panels\n\n(1) The Secretary is the Chair of each multi-agency panel.\n\n(2) The Secretary may delegate the Secretary's function as Chair to an executive within the meaning of section 4(1) of the **Public Administration Act 2004** employed in the Department.\n\n(3) The other members of a multi-agency panel are—\n\n(a) the persons prescribed as members or a person belonging to a prescribed class of persons; and\n\n(b) any person permitted or invited by the Chair to attend a panel meeting, if the Chair considers that the person's attendance is necessary or desirable for the purpose of meeting the functions of the panel.\n\n","sortOrder":657},{"sectionNumber":"687","sectionType":"section","heading":"Purpose of multi-agency panels","content":"\t687 Purpose of multi-agency panels\n\nThe purpose of a multi-agency panel is to be a forum for joint or coordinated oversight of, and accountability for, the delivery of services and support by panel member agencies to children or young persons—\n\n(a) who are at high risk of engaging in serious offending or causing serious harm; and\n\n(b) who have been assessed and accepted by the Chair of the multi-agency panel as being suitable for oversight by the panel.\n\n","sortOrder":658},{"sectionNumber":"688","sectionType":"section","heading":"Functions of multi-agency panels","content":"\t688 Functions of multi-agency panels\n\nA multi-agency panel has the following functions—\n\n(a) in respect of children or young persons who are subject to oversight by the panel—\n\n(i) to identify the individual service needs of those children and young persons who are at high risk of serious offending or causing serious harm; and\n\n(ii) to collaborate to identify and address any gaps in, and barriers to, service provision to those children and young persons; and\n\n(iii) to develop, endorse and monitor the implementation of a coordinated service plan to address gaps in any service provision to support the rehabilitation and positive development of those children and young persons so as to reduce their risk of reoffending;\n\nAccess to education, training or work, access to health, mental health, disability and housing services.\n\n(b) to identify any emerging behaviours or risks posed by a child or young person who is subject to oversight by the panel and—\n\n(i) to consider any necessary changes required to supervision arrangements or any coordinated service plans; or\n\n(ii) to review progress in the implementation of any coordinated service plan and to consider, if appropriate, recommending the child or young person transition out of oversight by the multi-agency panel; or\n\n(iii) to consider any other actions to support the safety of the community;\n\n(c) any other prescribed function.\n\n","sortOrder":659},{"sectionNumber":"689","sectionType":"section","heading":"Who is a *MAP eligible child or young person*?","content":"\t689 Who is a *MAP eligible child or young person*?\n\nA ***MAP eligible child or young person*** is a child or young person who is at high risk of engaging in serious offending or causing serious harm and who is—\n\n(a) subject to youth justice supervision in the community—\n\n(i) on a supervised community based order; or\n\n(ii) on supervised or intensive bail or sentence deferral; or\n\n(iii) subject to a youth parole order; or\n\n(b) held in custody in a youth justice custodial centre; or\n\n(c) if paragraph (a) or (b) does not apply but the child or young person has previously been supervised by a multi-agency panel, subject to a current criminal proceeding.\n\n","sortOrder":660},{"sectionNumber":"690","sectionType":"section","heading":"Cooperation and shared responsibility","content":"\t690 Cooperation and shared responsibility\n\n(1) In the delivery of services to a child or young person who is subject to oversight by a multi‑agency panel, all member agencies must—\n\n(a) provide reasonable assistance and support to the Chair of the panel and any other panel member agency; and\n\n(b) identify and take steps to resolve any individual issues or barriers relating to the delivery of those services.\n\n(2) Nothing in this section limits the cooperation requirements set out in Chapter 16 in relation to whole of system planning, performance, collaboration and accountability.\n\n","sortOrder":661},{"sectionNumber":"691","sectionType":"section","heading":"Chair may assess and accept MAP eligible child or young person for oversight by multi-agency panel","content":"\t691 Chair may assess and accept MAP eligible child or young person for oversight by multi-agency panel\n\n(1) The Chair of a multi-agency panel is responsible for gathering information from relevant persons and assessing whether a MAP eligible child or young person is suitable for oversight by the panel.\n\n(2) Without limiting subsection (1), if a member of a multi-agency panel considers that a child or young person is a MAP eligible child or young person, the member may refer the child or young person to the Chair of the panel for assessment under subsection (1).\n\n(3) If the Chair of a multi-agency panel assesses and accepts a MAP eligible child or young person as suitable for oversight by the panel, the child or young person becomes subject to oversight by the panel in accordance with this Part.\n\nThe Chair is an ***official person*** as defined in section 3.\n\n","sortOrder":662},{"sectionNumber":"692","sectionType":"section","heading":"Confidentiality of multi-agency panel meetings and information","content":"\t692 Confidentiality of multi-agency panel meetings and information\n\n(1) Any meeting of a multi-agency panel is confidential.\n\n(2) Despite subsection (1), a member of a multi‑agency panel is not prevented from discussing a multi-agency panel meeting or discussing information obtained during a meeting with any other panel member or a person from that member's agency or organisation—\n\n(a) for the purposes of—\n\n(i) delivering services to a child or young person under a coordinated service plan; or\n\n(ii) otherwise performing a function or exercising a power of the panel; or\n\n(b) if otherwise authorised or permitted under this Act or any other Act or law.\n\n","sortOrder":663},{"sectionNumber":"Part 14","sectionType":"part","heading":"2—High risk panel","content":"Part 14.2—High risk panel\n\n","sortOrder":664},{"sectionNumber":"693","sectionType":"section","heading":"Commissioner for Youth Justice may establish high risk panel","content":"\t693 Commissioner for Youth Justice may establish high risk panel\n\nThe Commissioner for Youth Justice may establish a high risk panel.\n\n","sortOrder":665},{"sectionNumber":"694","sectionType":"section","heading":"Membership of high risk panel","content":"\t694 Membership of high risk panel\n\n(1) The Commissioner for Youth Justice is the Chair of the high risk panel.\n\n(2) The other members of the high risk panel are—\n\n(a) the persons prescribed as members or a person belonging to a prescribed class of persons; and\n\n(b) any person permitted or invited by the Chair to attend a panel meeting, if the Chair considers that the person's attendance is necessary or desirable for the purpose of meeting the functions of the panel.\n\n","sortOrder":666},{"sectionNumber":"695","sectionType":"section","heading":"Purpose of high risk panel","content":"\t695 Purpose of high risk panel\n\nThe purpose of the high risk panel is to be a forum for ensuring appropriate service delivery and overseeing and coordinating the delivery of individual assessments and case management interventions to or for a child or young person who—\n\n(a) is currently under youth justice supervision—\n\n(i) in custody; or\n\n(ii) on a supervised community-based order; or\n\n(iii) on supervised or intensive bail, sentence deferral or parole; and\n\n(b) has significantly complex needs or is at high or very high risk of engaging in serious offending or causing serious harm—\n\nfor the purposes of—\n\n(c) supporting the rehabilitation and positive development of the child or young person to reduce their risk of offending and promoting community safety; and\n\n(d) promoting safety within youth justice custodial centres.\n\n1 This Part applies in respect of a child held in custody in a youth justice custodial centre under Part 2AA or 2A of the **Terrorism (Community Protection) Act 2003**. However, in the event of any inconsistency between this Part and the provisions of Part 2AA of the **Terrorism (Community Protection) Act 2003**, the relevant provisions of that Act prevail—see section 13AS of the **Terrorism (Community Protection) Act 2003**.\n\n2 In the event of any inconsistency between this Part and the provisions of Part 2A of the **Terrorism (Community Protection) Act 2003** or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of that Act or the order (as the case requires) prevail—see section 13WA of the **Terrorism (Community Protection) Act 2003**.\n\n","sortOrder":667},{"sectionNumber":"696","sectionType":"section","heading":"Functions of high risk panel","content":"\t696 Functions of high risk panel\n\nThe high risk panel has the following functions—\n\n(a) to oversee the delivery of services, intensive case management and the delivery and adaptation of interventions to a child or young person who is at high or very high risk of serious offending or causing serious harm;\n\n(b) to oversee parole planning and provision of support to a child or young person who is at high or very high risk of serious offending or causing serious harm who is in transition from custody into the community;\n\n(c) to identify any emerging behaviours or risks posed by the child or young person and consider—\n\n(i) any necessary changes required to their case management arrangements; or\n\n(ii) any other actions to support the safety of the community;\n\n(d) to recommend or request assessments and oversee placement decisions and the delivery of therapeutic and intensive interventions to any child or young person who engages in high harm conduct in a youth justice custodial centre;\n\n(e) to recommend or request assessments and coordinate and monitor the delivery of individualised disengagement interventions to any child or young person at risk of radicalising towards violent extremism;\n\n(f) any other prescribed function.\n\n","sortOrder":668},{"sectionNumber":"697","sectionType":"section","heading":"Cooperation and shared responsibility","content":"\t697 Cooperation and shared responsibility\n\n(1) All members of the high risk panel must provide reasonable assistance and support to the Chair of the panel and any other panel member.\n\n(2) Nothing in this section limits the cooperation requirements set out in Chapter 16 in relation to whole of system planning, performance, collaboration and accountability.\n\n","sortOrder":669},{"sectionNumber":"698","sectionType":"section","heading":"Assessment for admission to high risk panel","content":"\t698 Assessment for admission to high risk panel\n\n(1) The Chair of the high risk panel is responsible for gathering information from relevant persons and assessing whether a child or young person referred to in section 695 is suitable for oversight by the panel.\n\n(2) If the Chair of the high risk panel assesses and accepts a child or young person as suitable for oversight by the panel, the child or young person becomes subject to oversight by the panel in accordance with this Part.\n\n","sortOrder":670},{"sectionNumber":"699","sectionType":"section","heading":"Confidentiality of high risk panel meetings and information","content":"\t699 Confidentiality of high risk panel meetings and information\n\n(1) Any meeting of the high risk panel is confidential.\n\n(2) Despite subsection (1), a member of the high risk panel is not prevented from discussing a high risk panel meeting or discussing information obtained during a meeting with any other panel member or a person from that member's organisation—\n\n(a) for the purposes of performing a function or exercising a power of the panel; or\n\n(b) if otherwise authorised or permitted under this Act or any other Act or law.\n\n(3) Subject to any suppression order, nothing in Part 15.2 prevents the disclosure of terrorism risk information to a member of a high risk panel if the disclosure is necessary for the performance of the functions of the panel.\n\nChapter 15—Sharing of confidential information\n\nPart 15.1—Sharing of confidential information\n\n\t700 Application of Part\n\nThis Part does not apply to the collection, use or disclosure of confidential information that—\n\n(a) a relevant person holds in connection with the performance of any function or duty or exercise of any powers under Chapter 3; or\n\n(b) is terrorism risk information.\n\n","sortOrder":671},{"sectionNumber":"Part 15","sectionType":"part","heading":"2 provides for sharing of terrorism risk information.","content":"Part 15.2 provides for sharing of terrorism risk information.\n\n","sortOrder":672},{"sectionNumber":"701","sectionType":"section","heading":"What is an official duty?","content":"\t701 What is an official duty?\n\nFor the purposes of this Part, any of the following is an official duty—\n\n(a) the administration of this Act;\n\n(b) the performance of any function or duty or exercise of any power under this Act;\n\n(c) the coordination or delivery of education, health, rehabilitation or other programs or services, including case management and case planning, to a child or young person who—\n\n(i) is charged with an offence; or\n\n(ii) is held in custody in a youth justice custodial centre; or\n\n(iii) is subject to an order or sentence imposed under this Act;\n\n(d) the coordination, administration or delivery of pre-charge diversion processes, including assessing a child's suitability or eligibility for a youth warning, a youth caution or an early diversion group conference;\n\n(e) the preparation or coordination of reports for the purposes of proceedings or conferences under this Act;\n\n(f) the preparation and coordination of information required to assist the Children's Court for the purposes of proceedings or conferences under this Act;  \n\n(g) the administration of a sentence or order made under this Act;\n\n(h) the assessment of a child's or young person's suitability to be accommodated in a youth justice custodial centre, including assessment of the appropriate form of care, custody and supports that are necessary to address the child or young person's risks and needs;\n\n(i) any other prescribed function, duty or power.\n\n1 This Chapter applies in respect of a child held in custody in a youth justice custodial centre under Part 2AA or 2A of the **Terrorism (Community Protection) Act 2003**. However, in the event of any inconsistency between this Chapter and the provisions of Part 2AA of the **Terrorism (Community Protection) Act 2003**, the relevant provisions of that Act prevail—see section 13AS of the **Terrorism (Community Protection) Act 2003**.\n\n2  In the event of any inconsistency between this Chapter and the provisions of Part 2A of the **Terrorism (Community Protection) Act 2003**, a preventative detention order under that Act, or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of the **Terrorism (Community Protection) Act 2003** or the terms of either order (as the case requires) prevail—see section 13WA of the **Terrorism (Community Protection) Act 2003**.\n\n","sortOrder":673},{"sectionNumber":"702","sectionType":"section","heading":"Who is an official person?","content":"\t702 Who is an official person?\n\nFor the purposes of this Part, each of the following is an official person—\n\n(d) a youth justice community worker;\n\n(e) a person employed or engaged in the Department for the purposes of the administration of this Act;\n\n(f) a convenor of an early diversion group conference;\n\n(g) a principal officer of a registered Aboriginal youth justice agency (including any person appointed to act as the principal officer);\n\n(h) a prescribed person or body.\n\n","sortOrder":674},{"sectionNumber":"703","sectionType":"section","heading":"Who is an information holder?","content":"\t703 Who is an information holder?\n\n(1) For the purposes of this Part, each of the following is an information holder—\n\n(c) a person employed or engaged  in the Department;\n\n(d) a person employed or engaged by another Department;\n\n(e) a person employed or engaged by a prescribed State-funded service provider;\n\n(f) a panel member;\n\n(g) a police officer;\n\n(h) a person who is a registered teacher or a principal;\n\n(i) a person employed or engaged by a relevant health service within the meaning of section 141 of the **Health Services Act 1988**;\n\n(j) a person employed or engaged by a mental health and wellbeing service provider within the meaning of section 3(1) of the **Mental Health and Wellbeing Act 2022**;\n\n(k) a medical practitioner;\n\n(l) a registered psychologist;\n\n(m) a person employed or engaged by an NDIS provider or a registered NDIS provider;\n\n(n) a person employed or engaged by a body that receives funding from the DFFH Secretary under a State contract to provide disability services to a child or young person  with a disability within the meaning of the **Disability Act 2006**;\n\n(o) a person employed or engaged by an Aboriginal organisation delivering services to Aboriginal children and young persons;\n\n(p) the principal officer of an Aboriginal agency within the meaning of the **Children, Youth and Families Act 2005**;\n\n(q) a person employed or engaged by a body delivering services to children and young persons from culturally and linguistically diverse backgrounds;\n\n(r) a prescribed person or a person in a prescribed class of person or a prescribed body.\n\n***NDIS provider*** has  the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\n***principal*** has the same meaning as in section 1.1.3 of the **Education and Training Reform Act 2006**;\n\n***registered NDIS provider*** has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\n***registered teacher*** has the same meaning as in section 1.1.3 of the **Education and Training Reform Act 2006**;\n\n***State contract*** means a contract entered into by or on behalf of the State.\n\n","sortOrder":675},{"sectionNumber":"704","sectionType":"section","heading":"Request for confidential information from a relevant person","content":"\t704 Request for confidential information from a relevant person\n\n(1) An official person may request confidential information about any person from a relevant person if the official person believes that the information is reasonably necessary for the performance of an official duty by the official person in respect of a child or young person.\n\n(2) A relevant person who receives a request under subsection (1) may give confidential information that the relevant person holds about a person to the official person who made the request if the relevant person believes that the disclosure is reasonably necessary for the performance of the official duty in respect of a child or young person by the official person who made the request.\n\n(3) A panel member may request confidential information about any person from a relevant person if the panel member believes that the information is reasonably necessary for the performance of a function or exercise of a power under Chapter 14 by the panel member in respect of a child or young person.\n\n(4) A relevant person who receives a request under subsection (3) may give confidential information that the relevant person holds about a person to the panel member who made the request if the relevant person believes that the disclosure is reasonably necessary for the performance of a function or exercise of a power under Chapter 14 by the panel member who made the request.\n\nA ***relevant person*** means an official person or an information holder. See section 3(1).\n\n","sortOrder":676},{"sectionNumber":"705","sectionType":"section","heading":"Disclosure of confidential information without request","content":"\t705 Disclosure of confidential information without request\n\n(1) An official person may give confidential information held by the official person about any person to a relevant person if the official person believes that the information is reasonably necessary for the performance of an official duty by the relevant person in respect of a child or young person.\n\n(2) An information holder may give confidential information held by the information holder about any person to an official person, if the information holder believes that the information is reasonably necessary for the performance of an official duty by the official person.\n\n(3) An official person may give confidential information held by the official person about any person to a panel member if the official person believes that the information is reasonably necessary for the performance of a function or exercise of a power under Chapter 14 by the panel member in respect of a child or young person.\n\n(4) An information holder may give confidential information held by the information holder about any person to a panel member if the information holder believes that the information is reasonably necessary for the performance of a function or exercise of a power under Chapter 14 by the panel member in respect of a child or young person.\n\n","sortOrder":677},{"sectionNumber":"706","sectionType":"section","heading":"Disclosure of confidential information to interstate youth justice agency","content":"\t706 Disclosure of confidential information to interstate youth justice agency\n\n(1) An official person may give confidential information about any person to an interstate youth justice agency if the official person believes the information is reasonably necessary for the transfer of a child or young person between jurisdictions under Schedule 1.\n\n***interstate youth justice agency*** means the public sector body, department or agency of another State or a Territory that is responsible for the administration of the youth justice system in that State or Territory.\n\n","sortOrder":678},{"sectionNumber":"707","sectionType":"section","heading":"Disclosure of information for purposes of sentencing","content":"\t707 Disclosure of information for purposes of sentencing\n\n(1) An official person may request confidential information about a person from a relevant person if the official person believes that the information is reasonably necessary for the official person to assess the person's suitability—\n\n(a) for a youth justice custodial order; or\n\n(b) to be accommodated in a youth justice custodial centre under a youth justice custodial order—\n\nto be made under the **Sentencing Act 1991**.\n\n(2) A relevant person who receives a request under subsection (1) may give confidential information that the relevant person holds about a person to the official person who made the request if the relevant person believes that the disclosure is reasonably necessary for the performance by the official person of a function referred to in subsection (1).\n\n","sortOrder":679},{"sectionNumber":"708","sectionType":"section","heading":"Disclosure of confidential information for case management, case planning and service delivery purposes","content":"\t708 Disclosure of confidential information for case management, case planning and service delivery purposes\n\nAn information holder may disclose confidential information about any person to another information holder if the information holder reasonably believes that the information is reasonably necessary for—\n\n(a) case planning or case management in relation to a child or young person; or\n\n(b) delivery of services by the other information holder  to a child or young person to support the child's or young person's rehabilitation and positive development.\n\n","sortOrder":680},{"sectionNumber":"709","sectionType":"section","heading":"Disclosure to a parent or legal representative","content":"\t709 Disclosure to a parent or legal representative\n\n(1) An official person may disclose confidential information about a child or young person to the following if the official person reasonably believes that the disclosure is reasonably necessary for the performance of official duties in relation to that child or young person—\n\n(a) a parent of the child or young person;\n\n(b) a legal representative of the child or young person.\n\n(2) A panel member may disclose confidential information about a child or young person to the following if the panel member reasonably believes that the disclosure is reasonably necessary for the performance of a function or exercise of a power under Chapter 14 in relation to that child or young person—\n\n(a) a parent of the child or young person;\n\n(b) a legal representative of the child or young person.\n\n","sortOrder":681},{"sectionNumber":"710","sectionType":"section","heading":"Disclosure made in good faith protected","content":"\t710 Disclosure made in good faith protected\n\nA disclosure of information made under this Part in good faith—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person by whom it is made; and\n\n(b) does not make the person by whom it is made subject to any liability in respect of it; and\n\n(c) without limiting paragraphs (a) and (b), does not constitute a contravention by an individual of—\n\n(i) section 141 of the **Health Services Act 1988**; or\n\n(ii) section 730 of the **Mental Health and Wellbeing Act 2022**; or\n\n(iii) Part 6A of the **Child Wellbeing and Safety Act 2005**; or\n\n(iv) Part 5A of the **Family Violence Protection Act 2008**.\n\n","sortOrder":682},{"sectionNumber":"711","sectionType":"section","heading":"No consent required from person to whom confidential information relates","content":"\t711 No consent required from person to whom confidential information relates\n\nConfidential information about a person may be used or disclosed in accordance with this Part, or collected for the purposes of disclosure or use in accordance with this Part without the consent of the person to whom that information relates.\n\n","sortOrder":683},{"sectionNumber":"712","sectionType":"section","heading":"Relevant persons and panel members authorised to use and disclose confidential information despite specified provisions","content":"\t712 Relevant persons and panel members authorised to use and disclose confidential information despite specified provisions\n\nA relevant person or a panel member is authorised to collect, use or disclose confidential information in accordance with this Part despite anything to the contrary in—\n\n(a) section 181 of the **Firearms Act 1996**; or\n\n(b) section 181 of the **Personal Safety Intervention Orders Act 2010**; or\n\n(c) a prescribed provision of an Act.\n\n","sortOrder":684},{"sectionNumber":"713","sectionType":"section","heading":"Offence for unauthorised disclosure of confidential information","content":"\t713 Offence for unauthorised disclosure of confidential information\n\n  (1)  A relevant person must not disclose confidential information about a person to another person except in accordance with this Part.\n\nIn the case of a body corporate, 120 penalty units.\n\n(2) A panel member must not disclose confidential information about a person to another person who is not another panel member except in accordance with this Part.\n\n(3) It is a defence to a charge under subsection (1) or (2) if the relevant person or panel member used or disclosed the confidential information in good faith and with reasonable care.\n\n(4) Subsection (1) does not apply to a disclosure of confidential information that is—\n\n(a) made to a court in the course of legal proceedings or pursuant to a court order; or\n\n(b) required  for the purposes of law enforcement or investigation; or\n\n(c) made to a legal practitioner for the purposes of obtaining legal advice; or\n\n(d) made as required, authorised or permitted by or under this Act, or any other Act or law.\n\n","sortOrder":685},{"sectionNumber":"714","sectionType":"section","heading":"Offence for unauthorised use of confidential information","content":"\t714 Offence for unauthorised use of confidential information\n\n(1)  A relevant person must not use confidential information obtained by that person under this Part about a person except—\n\n(a) for the purposes of performing official duties; or\n\n(b) if the information was obtained under section 708, for a purpose referred to in section 708(a) or (b).\n\nIn the case of a body corporate, 120 penalty units.\n\n(2) A panel member must not use confidential information obtained by the panel member under this Part about a person except for in the performance of a function or exercise of a power under Chapter 14.\n\n(3) It is a defence to a charge under subsection (1) or (2) if the relevant person or panel member used or disclosed the confidential information in good faith and with reasonable care.\n\n(4) Subsection (1) does not apply to a use of confidential information that is—\n\n(a) made to a court in the course of legal proceedings or pursuant to a court order; or\n\n(b) required  for the purposes of law enforcement or investigation; or\n\n(c) made to a legal practitioner for the purposes of obtaining legal advice; or\n\n(d) made as required, authorised or permitted by or under this Act, or any other Act or law.\n\n(5) Subsection (2) does not apply to a disclosure of confidential information that is made as required, authorised or permitted by or under Chapter 14.\n\nPart 15.2—Sharing of terrorism risk information\n\n","sortOrder":686},{"sectionNumber":"715","sectionType":"section","heading":"What is the permitted purpose for disclosing information under this Part?","content":"\t715 What is the permitted purpose for disclosing information under this Part?\n\nTerrorism risk information in respect of a child or young person may be disclosed  under this Part for the purpose of informing a decision relating to—\n\n(a) parole of the child or young person; or\n\n(b) bail of the child or young person; or\n\n(c) the care, control or management of the child or young person while they are remanded or detained in a youth justice custodial centre or subject to a sentence; or\n\n(d) the exercise of a power under Part 13.1.\n\n1 This Chapter applies in respect of a child held in custody in a youth justice custodial centre under Part 2AA or 2A of the **Terrorism (Community Protection) Act 2003**. However, in the event of any inconsistency between this Chapter and the provisions of Part 2AA of the **Terrorism (Community Protection) Act 2003**, the relevant provisions of that Act prevail—see section 13AS of the **Terrorism (Community Protection) Act 2003**.\n\n2  In the event of any inconsistency between this Chapter and the provisions of Part 2A of the **Terrorism (Community Protection) Act 2003**, a preventative detention order under that Act, or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of the **Terrorism (Community Protection) Act 2003** or the terms of either order (as the case requires) prevail—see section 13WA of the **Terrorism (Community Protection) Act 2003**.\n\n","sortOrder":687},{"sectionNumber":"716","sectionType":"section","heading":"Secretary or Department may disclose terrorism risk information","content":"\t716 Secretary or Department may disclose terrorism risk information\n\n(1) A person specified in subsection (2) may disclose terrorism risk information for the purpose set out in section 715 to—\n\n(a) a risk assessment entity; or\n\n(b) the Youth Parole Board.\n\n(2) The specified persons are—\n\n(a) the Secretary; and\n\n(b) a person employed in the Department under Part 3 of the **Public Administration Act 2004**.\n\n***risk assessment entity*** means an entity specified in section 8(2).\n\nSection 626 also authorises the Secretary to provide terrorism risk information to the Youth Parole Board, but only for the purposes of Part 12.2.\n\n","sortOrder":688},{"sectionNumber":"717","sectionType":"section","heading":"Youth Parole Board may disclose terrorism risk information","content":"\t717 Youth Parole Board may disclose terrorism risk information\n\nThe following persons may disclose terrorism risk information to the Secretary for the purpose set out in section 715—\n\n(a) a member of the Youth Parole Board;\n\n(b) the Youth Parole Board secretary.\n\n","sortOrder":689},{"sectionNumber":"Part 16","sectionType":"part","heading":"System planning, performance, collaboration and accountability","content":"Chapter 16—System planning, performance, collaboration and accountability\n\n","sortOrder":690},{"sectionNumber":"718","sectionType":"section","heading":"Strategic plan","content":"\t718 Strategic plan\n\n(1) The Secretary must prepare a strategic plan for the youth justice system to establish—\n\n(a) the objectives of the youth justice system; and\n\n(b) the key actions to be fulfilled by the youth justice system.\n\n(2) A strategic plan must include a performance management framework that sets out the outcomes against which the performance of the youth justice system in meeting its objectives and fulfilling its key actions can be measured.\n\n(3) The Minister may approve a strategic plan for the youth justice system and any amendments to the approved strategic plan.\n\n(4) The Secretary must cause an approved strategic plan and any amendments to the approved strategic plan to be published on the Department's Internet site.\n\n(5) The Secretary and the Minister must ensure that, before the first anniversary of the commencement of this section, the first approved strategic plan has been published.\n\n","sortOrder":691},{"sectionNumber":"719","sectionType":"section","heading":"Publication of prescribed information—operation of youth justice system","content":"\t719 Publication of prescribed information—operation of youth justice system\n\n(1) The Secretary must cause to be published on the Department's Internet site the prescribed information relating to the operation of the youth justice system.\n\n(2) The prescribed information must include details of the performance of the youth justice system in achieving the outcomes specified in the performance management framework set out in the strategic plan.\n\n(3) The prescribed information must be published annually.\n\n","sortOrder":692},{"sectionNumber":"720","sectionType":"section","heading":"Obligations in delivery of services in youth justice system","content":"\t720 Obligations in delivery of services in youth justice system\n\n(1) In the course of delivering services to a child or young person in the youth justice system, a youth justice service entity must—\n\n(a) support the child or young person, as far as reasonably practicable to—\n\n(i) rehabilitate; and\n\n(ii) develop positively; and\n\n(iii) not commit an offence or commit further offences; and\n\n(iv) if applicable, transition effectively from custody into the community; and\n\n(b) provide reasonable assistance and support to any other youth justice service entity in meeting any obligations under paragraph (a) in respect of the child or young person; and\n\n(c) identify and resolve any issues, including systemic issues, in the delivery of services to the child or young person.\n\n(2) The Secretary may request a youth justice service entity to provide reasonable assistance and support to the Secretary in the delivery of services to a child or young person in the youth justice system.\n\n(3) A request under subsection (2) may include a request to identify or resolve issues, including systemic issues, in the delivery of services to a child or young person in the youth justice system.\n\n***youth justice service entity*** means any of the following—\n\n(a) a public service body;\n\n(b) a public entity;\n\n(c) Victoria Police;\n\n(d) a non-government organisation that is responsible for the provision of youth justice services;\n\n(e) a prescribed person or body.\n\n\t721 Publication of prescribed information—accountability measures to improve outcomes for Aboriginal children and young persons\n\n(1) The Secretary must cause to be published on the Department's Internet site the prescribed information relating to the accountability measures that have been developed to improve outcomes for Aboriginal children and young persons.\n\n(2) The prescribed information must include details of—\n\n(a) the steps taken to improve outcomes for Aboriginal children and young persons; and\n\n(b) whether those outcomes are being achieved.\n\n(3) The prescribed information must be published annually.\n\nChapter 17—Children and Young Persons Infringement Notice System (CAYPINS)\n\nPart 17.1—Preliminary\n\n\t722 Application of CAYPINS procedure\n\n(1) An enforcement agency must use the CAYPINS procedure instead of commencing a proceeding against a child for an offence for which an infringement notice could be issued unless—\n\n(a) the enforcement agency considers that it is in the interests of the child to have the matter heard and determined by the Children's Court; or\n\n(b) the enforcement agency considers that it is in the interests of justice to have the matter heard and determined by the Children's Court; or\n\n(c) the child has elected to have the matter heard and determined by the Children's Court.\n\n(2) If a child may be prosecuted for an offence for which an infringement notice may be issued, a reference in any Act to enforcement under the **Fines Reform Act 2014** includes a reference to enforcement under this Chapter.\n\n(3) The CAYPINS procedure applies without prejudice to the application of so much of any other procedure as is consistent with the CAYPINS procedure.\n\n(4) The procedure set out in Part 17.2 may be used in relation to any infringement notice, regardless of when it was issued.\n\n","sortOrder":693},{"sectionNumber":"723","sectionType":"section","heading":"Certain agencies may give information for enforcement purposes","content":"\t723 Certain agencies may give information for enforcement purposes\n\n(1) For the purpose of the enforcement of court orders and fines, a registrar of the Children's Court, the sheriff and any contractor or sub-contractor supporting the functions of the sheriff may request information that may assist in carrying out that purpose from any person or body.\n\n(2) On the written request of a registrar of the Children's Court, the sheriff or any contractor or sub-contractor supporting the functions of the sheriff, a specified agency may give the person or body making the request access to any information held by the agency that may be of use in the enforcement of court orders and fines.\n\n(3) A person who obtains access to any information as a result of a request made under this section—\n\n(a) may use the information to enforce court orders and fines; and\n\n(b) is otherwise subject to all the requirements and restrictions concerning the use and disclosure of the information that apply to the person who provided, or granted access to, the information in response to the request.\n\n***contractor*** has the same meaning as in section 173A of the **Fines Reform Act 2014**;\n\n***specified agency*** means a person or body—\n\n(a) that holds information that may be of use in the enforcement of court orders and fines; and\n\n(b) is prescribed to be a specified agency; and\n\n(c) is not a relevant agency within the meaning of section 69 of the **Melbourne City Link Act 1995**;\n\n***sub-contractor*** has the same meaning as in section 173A of the **Fines Reform Act 2014**.\n\n","sortOrder":694},{"sectionNumber":"724","sectionType":"section","heading":"Court may order infringement penalty be dealt with through CAYPINS procedure","content":"\t724 Court may order infringement penalty be dealt with through CAYPINS procedure\n\n(1) Subject to subsection (2), any time after a charge‑sheet and summons has been filed with the Children's Court under section 17(3) of the **Infringements Act 2006** the Court may—\n\n(a) order that enforcement of an infringement notice served on a child be dealt with under Part 17.2; and\n\n(b) make any other ancillary order that the Court considers appropriate.\n\n(2) The Children's Court must not make an order under subsection (1) if—\n\n(a) it is in the interests of the child to have the matter heard and determined by the Children's Court; or\n\n(b) it is in the interests of justice to have the matter heard and determined by the Children's Court; or\n\n(c) the child has elected to have the matter heard and determined by the Children's Court.\n\n(3) If the Children's Court makes an order under subsection (1)—\n\n(a) the enforcement agency must give a registrar of the Children's Court the registration document and the registration certificate by the date specified in the order; and\n\n(b) the registrar of the Children's Court must register the infringement penalty under section 726.\n\n(4) If the Children's Court makes an order under subsection (1), the requirements referred to in section 725(2)(h) and (i) do not apply to the registration certificate.\n\n","sortOrder":695},{"sectionNumber":"Part 17","sectionType":"part","heading":"2—Enforcement of infringement notices","content":"Part 17.2—Enforcement of infringement notices\n\n","sortOrder":696},{"sectionNumber":"725","sectionType":"section","heading":"Enforcement agency to provide documents for registration of infringement penalty","content":"\t725 Enforcement agency to provide documents for registration of infringement penalty\n\n(1) Subject to section 722 and any order of the Children's Court, an enforcement agency must give the following to a registrar of the Children's Court for the registration of an infringement penalty—\n\n(a) a document in the prescribed form containing the prescribed details in relation to a child—\n\n(i) who has not paid an infringement penalty; or\n\n(ii) who has agreed to pay an infringement penalty by a payment plan or a payment arrangement but who has subsequently defaulted on payment of that plan or that payment arrangement; or\n\n(iii) who has made a part payment of an infringement penalty otherwise than under a payment plan or a payment arrangement and has subsequently defaulted in making any further payment; or\n\n(iv) who is not subject to a work and development permit; or\n\n(v) who was subject to a work and development permit but is no longer subject to the work and development permit and the work and development permit is only partially completed;\n\n(b) a certificate in the prescribed form signed by an appropriate enforcement officer certifying that the requirements set out in subsection (2) in relation to the child referred to in the document have been satisfied.\n\n(2) For the purposes of subsection (1)(b), the requirements are—\n\n(a) an infringement notice has been served on the child; and\n\n(b) a penalty reminder notice has been served on the child after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid; and\n\n(c) a period of at least 28 days has passed since the penalty reminder notice was served; and\n\n(d) the infringement penalty and any penalty reminder notice fee had not been paid, whether in full or in part, before the certificate under subsection (1)(b) was issued; and\n\n(e) if a payment plan or a payment arrangement applies to the child in relation to the infringement penalty—\n\n(i) the child has defaulted in the payment of the payment plan or payment arrangement; and\n\n(ii) a specified amount still remains to be paid under that payment plan or payment arrangement; and\n\n(f) if a part payment of the infringement penalty and penalty reminder notice fee has been made (otherwise than under a payment plan or a payment arrangement) but no further payment has been made, a specified amount still remains to be paid; and\n\n(g) the child has not elected under Part 2 of the **Infringements Act 2006** to have the matter of the infringement offence heard and determined in the Children's Court; and\n\n(h) a charge-sheet in relation to the offence has not been filed; and\n\n(i) a charge-sheet may still be filed in relation to the offence; and\n\n(j) if the infringement notice was served under section 87 of the **Road Safety Act 1986**, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the **Road Safety Act 1986** in relation to the vehicle involved in the offence; and\n\n(k) if the infringement notice was issued for an offence to which section 66 of the **Road Safety Act 1986** applies, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the **Road Safety Act 1986** in relation to the motor vehicle or trailer involved in the offence; and\n\n(l)  if the infringement notice was issued for an offence against section 73(1) of the **Melbourne City Link Act 1995**, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the **Road Safety Act 1986** in relation to the vehicle involved in the offence; and\n\n(m) if the infringement notice was issued for an offence under section 204 of the **EastLink Project Act 2004**, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the **Road Safety Act 1986** in relation to the vehicle involved in the offence; and\n\n(n) if the infringement notice was issued for an offence under section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the **Road Safety Act 1986** in relation to the vehicle involved in the offence; and\n\n(o) if the infringement notice was issued for an offence against section 69(1) of the **North East Link Act 2020**, the child was at the time of the alleged offence the responsible person within the meaning of Part 6AA of the **Road Safety Act 1986** in relation to the vehicle involved in the offence.\n\n","sortOrder":697},{"sectionNumber":"726","sectionType":"section","heading":"Registration of infringement penalty","content":"\t726 Registration of infringement penalty\n\n(1) The registrar of the Children's Court must register an infringement penalty or part of an infringement penalty, together with any penalty reminder notice fee, for the purposes of enforcement under the CAYPINS procedure if—\n\n(a) it appears to the registrar that the requirements set out in section 725 have been satisfied; or\n\n(b) the registrar has been ordered to do so under section 724.\n\n(2) If the Children's Court has made an order under section 724, the date of the registration of the infringement penalty or part infringement penalty is taken to be the date that the Children's Court made the order.\n\n(3) Despite anything to the contrary in section 252, one or more infringement penalties may be registered under subsection (1) even if the maximum amount of the infringement penalty or infringement penalties exceeds the maximum fine that may be imposed by the Children's Court under section 252.\n\n(4) On the registration of an infringement penalty or infringement penalties referred to in subsection (2), the maximum amount that may be enforced under the CAYPINS procedure in respect of the infringement penalty or infringement penalties (as the case requires) is an amount not exceeding the maximum fine that may be imposed by the Children's Court under section 252.\n\n(5) Despite subsection (1), the registrar must not register an infringement penalty that is for an amount less than the prescribed minimum amount (if any).\n\n","sortOrder":698},{"sectionNumber":"727","sectionType":"section","heading":"Multiple registered infringement penalties may be dealt with together","content":"\t727 Multiple registered infringement penalties may be dealt with together\n\n(1) After an infringement penalty or part of an infringement penalty is registered under section 726, to the extent reasonably practicable, the registrar of the Children's Court must cause a search of the court register for any other infringement penalty registered in relation to the child.\n\n(2) Any infringement penalty registered in relation to a child that has not been paid in full, cancelled or considered and dealt with under section 733 may be considered and dealt with together with any other such infringement penalty under the CAYPINS procedure.\n\n(3) The maximum amount that may be enforced by the CAYPINS procedure in relation to any infringement penalty that is considered and dealt with together with any other infringement penalty under the CAYPINS procedure is an amount that must not exceed a maximum fine that may be imposed by the Children's Court under section 252.\n\n","sortOrder":699},{"sectionNumber":"728","sectionType":"section","heading":"Extended period for registration if work and development permit cancelled","content":"\t728 Extended period for registration if work and development permit cancelled\n\n(1) If a work and development permit to which a child who was served with an infringement notice was subject has been cancelled under section 10E of the **Fines Reform Act 2014**, the time period within which the registrar of the Children's Court may register the infringement penalty or part of the infringement penalty together with any penalty reminder notice fee is no more than 6 months after the date on which the work and development permit is cancelled.\n\n(2) Subsection (1) has effect despite section 7(1) of the **Criminal Procedure Act 2009** or any other provision of any Act or other instrument providing for the period during which any proceeding must be commenced for an offence alleged to have been committed.\n\n","sortOrder":700},{"sectionNumber":"729","sectionType":"section","heading":"Enforcement agency may request cancellation of registration","content":"\t729 Enforcement agency may request cancellation of registration\n\n(1) An enforcement agency may request that the registrar of the Children's Court cancel the registration of an infringement penalty or part of an infringement penalty.\n\n(2) The request must—\n\n(a) be in the prescribed form; and\n\n(b) be filed with the registrar of the Children's Court before the registrar makes a CAYPINS enforcement order or CAYPINS cancellation order under section 733 in relation to the infringement penalty or part of the infringement penalty.\n\n(3) The registrar of the Children's Court must comply with a request made in accordance with this section.\n\n","sortOrder":701},{"sectionNumber":"730","sectionType":"section","heading":"Notice of registration","content":"\t730 Notice of registration\n\n(1) On registering an amount in relation to a child under section 726, the registrar of the Children's Court must cause written notice of the registration to be sent to the child at the address contained in the registration document or any other address given by the child.\n\nSee also the **Electronic Transactions (Victoria) Act 2000** and sections 533A and 593 to 596 of the **Children, Youth and Families Act 2005**.\n\n(2) The written notice must—\n\n(a) specify the amount registered in relation to the child and list any infringement penalty or part of any infringement penalty to which that amount relates; and\n\n(b) set out the matters referred to in section 731; and\n\n(c) specify the date by which the child must exercise any option referred to in section 731.\n\n(3) If the amount specified in the notice relates to 2 or more infringement penalties, the child may exercise a different option referred to in section 731 in relation to each infringement penalty.\n\n","sortOrder":702},{"sectionNumber":"731","sectionType":"section","heading":"Child's options","content":"\t731 Child's options\n\n(1) A child may—\n\n(a) pay to the Children's Court the registered amount by the date specified in the notice under section 730; or\n\n(b) apply for a CAYPINS time to pay order; or\n\n(c) apply for a CAYPINS cancellation order under section 733 that registration of the infringement penalty be cancelled and payment of the registered amount not be enforced; or\n\n(d) in the case of an offence against the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act, request that consideration of the matter be deferred so that the child may undertake a program approved under section 227A(2) of that Act; or\n\n(e) request to appear before the registrar of the Children's Court; or\n\n(f) notify the registrar of the Children's Court that the child does not wish to appear before the registrar and leave the matter to be dealt with by the registrar without a hearing based on any written application or information provided by the child; or\n\n(g) decline to be dealt with by the registrar of the Children's Court and request that the matter of the alleged offence or offences in relation to which an infringement notice was issued be heard and determined by the Children's Court.\n\n(2) In relation to subsection (1), a child or a person acting on a child's behalf may give the registrar of the Children's Court written information relating to any of the following—\n\n(a) the child's employment or school attendance;\n\n(b) the child's personal and financial circumstances;\n\n(c) the child's special circumstances within the meaning of the **Infringements Act 2006** (if applicable).\n\n(3) If a child wishes to apply for a CAYPINS cancellation order, the child, or a person acting on the child's behalf, must apply to the registrar of the Children's Court in the prescribed form.\n\n(4) If a child wishes to request to appear before the registrar of the Children's Court in accordance with subsection (1)(e)—\n\n(a) the child, or a person acting on the child's behalf, must notify the registrar of the Children's Court on or before the date specified in the notice under section 730; and\n\n(b) on receipt of the child's notification, the registrar of the Children's Court must—\n\n(i) set a date for the child to appear before the registrar in the Children's Court closest to the child's specified address; and\n\n(ii) notify the child of that date and location.\n\n(5) On receipt of the notification under subsection (4)(b)(ii), the child, or a person on the child's behalf, may request that the matter be deferred to another date so that the child may appear before the registrar.\n\n(6) If a child does not wish to appear before the registrar of the Children's Court and wishes to leave the matter to be dealt with without a hearing in accordance with subsection (1)(f)—\n\n(a) the child, or a person acting on the child's behalf, must notify the registrar of the Children's Court on or before the date specified in the notice under section 730; and\n\n(b) on receipt of the child's notification, the registrar must determine the matter as soon as possible.\n\n(7) If a child wishes to have the matter determined by the Children's Court and not the registrar of the Children's Court in accordance with subsection (1)(g)—\n\n(a) the child, or a person acting on the child's behalf, must notify the registrar on or before the date specified in the notice under section 730; and\n\n(b) on receipt of the child's notification, the registrar must—\n\n(i) cancel the registration of any infringement penalty referred to in the notice; and\n\n(ii) remit the infringement notice to the enforcement agency.\n\n(8) If—\n\n(a) a child does not exercise an option referred to in this section by the date specified in the notice under section 730; and\n\n(b) the registrar of the Children's Court is reasonably satisfied that the child has received the notice—\n\nthe registrar may determine the matter without a hearing.\n\n(9) Nothing in this Chapter prohibits an enforcement agency from filing a charge-sheet with the Children's Court for an infringement notice that has been remitted to it under subsection (7)(b)(ii).\n\n","sortOrder":703},{"sectionNumber":"732","sectionType":"section","heading":"Applications concerning extended time to pay registered amount","content":"\t732 Applications concerning extended time to pay registered amount\n\n(1) A child in respect of whom an amount has been registered under section 726 may apply to the registrar of the Children's Court personally or in writing or in any other manner approved by the registrar for one or more of the following—\n\n(a) an order that the time within which the registered amount is to be paid be extended;\n\n(b) an order that the registered amount be paid by instalments;\n\n(c) a variation to an order under paragraph (a) or (b).\n\n(2) On receipt of an application under subsection (1), the registrar of the Children's Court may do one or more of the following—\n\n(a) allow additional time for the payment of the registered amount or the balance of the registered amount;\n\n(b) direct payment of the registered amount to be made by instalments;\n\n(c) direct payment of the registered amount or instalments to be made at the time or times specified by the registrar of the Children's Court;\n\n(d) vary the amount of instalments.\n\n","sortOrder":704},{"sectionNumber":"733","sectionType":"section","heading":"Registrar's enforcement decision","content":"\t733 Registrar's enforcement decision\n\n(1) This section applies if an infringement penalty or part of any infringement penalty has been registered in relation to a child and—\n\n(a) the child has not paid the infringement penalty; and\n\n(b) the child has not declined to be dealt with by the registrar of the Children's Court in relation to the infringement penalty; and\n\n(c) the registrar has not made a CAYPINS time to pay order in relation to payment of the infringement penalty; and\n\n(d) either—\n\n(i) the child has exercised an option referred to in section 731; or\n\n(ii) the child has not exercised an option referred to in section 731 by the date specified in the notice under section 730 and the registrar is reasonably satisfied that the child has received the notice.\n\n(2) The registrar of the Children's Court may adjourn or abridge the time for considering the matter on the registrar's own motion or on an application made by the child or by a person on the child's behalf.\n\n(3) After considering any information provided by the child, or by a person on the child's behalf, whether personally or in writing or in any other manner approved by the registrar of the Children's Court, the registrar may—\n\n(a) cancel the registration of the infringement penalty or part of any infringement penalty registered in relation to the child and remit the corresponding infringement notice to the enforcement agency if—\n\n(i) the child contests the matter of the alleged offence for which the infringement notice was issued; or\n\n(ii) the child declines to be dealt with by the registrar of the Children's Court; or\n\n(iii) the registrar of the Children's Court is otherwise satisfied that it is appropriate to do so; or\n\n(b) defer making a decision to a later date on which the child is to appear before the registrar; or\n\n(c) in the case of an offence against the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act, defer making a decision to a later date so that the child may attend a program approved under section 227A(2) of that Act; or\n\n(d) confirm the registered amount and order that the child pay to the Children's Court the registered amount; or\n\n(e) order that the registered amount be reduced and that the child pay to the Children's Court the reduced registered amount; or\n\n(f) if the registrar of the Children's Court is satisfied that the child has paid the registered amount, make an order confirming the infringement penalty or part of the infringement penalty; or\n\n(g) in the case of an offence against the **Transport (Compliance and Miscellaneous) Act 1983** or the regulations under that Act, if the registrar of the Children's Court is satisfied that the child has undertaken a program approved under section 227A(2) of that Act, make a CAYPINS cancellation order in relation to the registered amount that remains unpaid; or\n\n(h) if the registrar of the Children's Court is satisfied on an application under section 731(3) or otherwise that it is appropriate to do so, make a CAYPINS cancellation order in relation to the registered amount that remains unpaid.\n\n(4) In making a decision under subsection (3), the registrar of the Children's Court must—\n\n(a) have regard to—\n\n(i) the child's employment or school attendance; and\n\n(ii) the child's personal and financial circumstances; and\n\n(iii) the child's special circumstances within the meaning of the **Infringements Act 2006** (if applicable); and\n\n(b) if making an order requiring payment of an amount of money, require payment of the lowest amount that is appropriate in the circumstances; and\n\n(c) if making any other order, impose the least onerous penalty that is appropriate in the circumstances.\n\n(5) An order made under subsection (3) must not require payment of an amount exceeding the maximum fine that may be imposed by the Children's Court under section 252.\n\n(6) An order made under subsection (3) is taken to be an order of the Court—\n\n(a) in the case of an order made under subsection (3)(d) or (e), 28 days after the order is made unless an application for review is made under section 735 within that period; or\n\n(b) in the case of an order made under subsection (3)(f) or (g), on the day that the order is made; or\n\n(c) in the case of an order made under subsection (3)(h), 14 days after the order is made unless an application for review is made under section 735 within that period.\n\n(7) A child in relation to whom a CAYPINS enforcement order under subsection (3)(d) or (e) is made may apply for a CAYPINS time to pay order.\n\n","sortOrder":705},{"sectionNumber":"734","sectionType":"section","heading":"Notice of enforcement decision","content":"\t734 Notice of enforcement decision\n\n(1) Not later than 3 working days after a CAYPINS enforcement order is made, the registrar of the Children's Court must cause a notice in the prescribed form to be sent to the child against whom the order is made at the address contained in the registration document or any other address given by the child.\n\nSee also the **Electronic Transactions (Victoria) Act 2000** and sections 533A and 593 to 596 of the **Children, Youth and Families Act 2005**.\n\n(2) If the registrar of the Children's Court makes a CAYPINS cancellation order, the registrar of the Children's Court must give the enforcement agency notice of the order and a copy of any information provided by the child or by a person on the child's behalf under section 731(2) not later than 3 working days after the order is made.\n\n","sortOrder":706},{"sectionNumber":"735","sectionType":"section","heading":"Court review of CAYPINS enforcement order","content":"\t735 Court review of CAYPINS enforcement order\n\n(1) If the registrar of the Children's Court makes a CAYPINS enforcement order under section 733(3)(d) or (e), the child to whom it relates, or a person on that child's behalf, may apply to the Children's Court for a review of the registrar's order.\n\n(2) If the registrar of the Children's Court makes a CAYPINS cancellation order under section 733(3)(h), the enforcement agency may apply to the Children's Court for a review of the registrar's order.\n\n(3) An application under subsection (1) must be made in writing to the Children's Court within 28 days after the date of the order.\n\n(4) An application under subsection (2) must be made in writing to the Children's Court within 14 days after the date of the order.\n\n(5) On receipt of any application under this section, the registrar of the Children's Court must cause notice of the time and place of hearing of the review by the Children's Court to be given or sent to—\n\n(b) the enforcement agency.\n\n(6) On a review by the Children's Court under this section, the child and the enforcement agency are entitled to appear at the hearing.\n\n(7) On a review under this section, the Children's Court may make—\n\n(a) an order confirming the order of the registrar of Children's Court; or\n\n(b) an order requiring the child to pay an amount not exceeding the amount of a fine that the Court may impose under section 252; or\n\n(c) a CAYPINS time to pay order; or\n\n(d) a CAYPINS cancellation order.\n\n","sortOrder":707},{"sectionNumber":"736","sectionType":"section","heading":"Effect of CAYPINS cancellation order","content":"\t736 Effect of CAYPINS cancellation order\n\n(1) On the day that a CAYPINS cancellation order takes effect, the registration of any corresponding infringement penalty or part of any infringement penalty is cancelled and payment of the infringement penalty or part of the infringement penalty (as the case requires) cannot be enforced.\n\n(2) For the purposes of subsection (1), a CAYPINS cancellation order takes effect—\n\n(a) in the case of an order made by the registrar of the Children's Court under section 733(3)(g), on the day the order is made; or\n\n(b) in the case of an order made by the registrar of the Children's Court under section 733(3)(h), 14 days after the order is made unless an application for review is made under section 735 within that period; or\n\n(c) in the case of an order made by the Children's Court under section 735(7)(d), on the day the order is made.\n\n","sortOrder":708},{"sectionNumber":"737","sectionType":"section","heading":"CAYPINS enforcement hearing","content":"\t737 CAYPINS enforcement hearing\n\n(1) The Children's Court may require a child to appear before the Court at a specified time and place for an enforcement hearing by written notice served on the child, if—\n\n(a) a CAYPINS time to pay order or a CAYPINS enforcement order is made in respect of the child; and\n\n(b) for a period of more than one month the child defaults in the payment of—\n\n(i) an amount ordered to be paid; or\n\n(ii) any instalment of an amount ordered to be paid.\n\n(2) At an enforcement hearing, the Children's Court may make any order that it could make under section 257.\n\n","sortOrder":709},{"sectionNumber":"738","sectionType":"section","heading":"Effect of orders made under this Part","content":"\t738 Effect of orders made under this Part\n\n(1) If a CAYPINS enforcement order or a CAYPINS cancellation order is made in relation to an offence alleged to have been committed by a child—\n\n(a) the child is not taken to have been convicted of the offence; and\n\n(b) the child is not liable to any further proceeding for the alleged offence; and\n\n(c) the making of the order does not in any way affect or prejudice any civil claim, action or proceeding arising out of the same facts and circumstances; and\n\n(d) payment in accordance with the order is not an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same facts and circumstances.\n\n(2) Any amount recovered as a result of a CAYPINS enforcement order is to be dealt with in the same way as an amount recovered as a result of a conviction.\n\n(3) Despite anything to the contrary in this section, the making of a CAYPINS enforcement order or a CAYPINS cancellation order for an offence which is a traffic infringement within the meaning of the **Road Safety Act 1986** does not prevent demerit points being incurred under Part 4 of that Act in relation to that infringement.\n\n","sortOrder":710},{"sectionNumber":"739","sectionType":"section","heading":"Expiry of CAYPINS enforcement orders and CAYPINS cancellation orders","content":"\t739 Expiry of CAYPINS enforcement orders and CAYPINS cancellation orders\n\n(1) A CAYPINS enforcement order or a CAYPINS cancellation order expires—\n\n(a) on the payment in full of the registered amount; or\n\n(b) if a CAYPINS time to pay order is made in relation to the CAYPINS enforcement order, 3 years after the CAYPINS time to pay order is made; or\n\n(c) if a warrant to seize property has been issued in respect of the order, on that warrant becoming void under section 529 of the **Children, Youth and Families Act 2005**; or\n\n(d) if a CAYPINS cancellation order is made under section 733(3)(g) or (h)—\n\n(i) on the making of that order; or\n\n(ii) if that order is subject to review, when the Children's Court makes an order under section 735(7)(a) or (d); or\n\n(e) in any other case, 3 years after the order was made.\n\n(2) If both subsection (1)(a) and (b) apply, the CAYPINS enforcement order expires on the warrant to seize property becoming void.\n\n(3) If an order expires as a result of this section, any registered amount still outstanding in respect of which the order was made ceases to be enforceable or recoverable.\n\n(4) On the expiry of a CAYPINS enforcement order or CAYPINS cancellation order as a result of this section, any warrant to seize property that was issued in respect of that order is void.\n\n(5) Subsection (1) does not apply to an order that has been reinstated under section 740.\n\n(6) This section does not apply to a CAYPINS enforcement order or CAYPINS cancellation order in respect of which a warrant has been issued under the Service and Execution of Process Act 1992 of the Commonwealth.\n\n","sortOrder":711},{"sectionNumber":"740","sectionType":"section","heading":"Reinstatement of order made under this Part","content":"\t740 Reinstatement of order made under this Part\n\n(1) An order that has expired as a result of section 739 may be reinstated by the registrar of the Children's Court on the application of the enforcement agency.\n\n(2) Despite section 739(3), if an order is reinstated, the registered amount for which it was made again becomes enforceable or recoverable as if there had been no cessation.\n\n(3) A reinstated order expires 3 years after it was reinstated.\n\n(4) This section does not apply to an order in respect of which a warrant has been issued under the Service and Execution of Process Act 1992 of the Commonwealth.\n\n","sortOrder":712},{"sectionNumber":"741","sectionType":"section","heading":"Service of documents","content":"\t741 Service of documents\n\n(1) All documents required or permitted by this Chapter to be given or served, may be served personally or by post or in any other prescribed manner.\n\nSee also the **Electronic Transactions (Victoria) Act 2000** and sections 533A and 593 to 596 of the **Children, Youth and Families Act 2005**.\n\n(2) Any document served by post under this Chapter must be addressed—\n\n(a) to the address for service given by the person on whom the document is to be served; or\n\n(b) if no address for service has been given, to the address contained in the registration document.\n\nPart 17.3—Cancellation of infringement notice\n\n","sortOrder":713},{"sectionNumber":"742","sectionType":"section","heading":"Cancellation of infringement notice if child not aware","content":"\t742 Cancellation of infringement notice if child not aware\n\n(1) A child, or a person on a child's behalf, may apply to a registrar of the Children's Court to have an infringement notice cancelled if—\n\n(a) the service of the infringement notice was not by personal service on the child; and\n\n(b) the child was not in fact aware that an infringement notice had been served on the child.\n\n(2) The application must—\n\n(a) be made within 14 days of the child becoming aware of the infringement notice; and\n\n(b) be accompanied by a written statement setting out the grounds on which the cancellation is sought.\n\n(3) If an application is made under subsection (1), the registrar of the Children's Court must—\n\n(a) stay the operation of the infringement notice; and\n\n(b) refer the application to the Children's Court for hearing and determination.\n\n(4) On the referral to the Children's Court under subsection (3), the Children's Court must cause a notice of the time and place of the hearing of the application to be given or sent to—\n\n(a) the enforcement agency; and\n\n(b) the applicant.\n\n","sortOrder":714},{"sectionNumber":"743","sectionType":"section","heading":"Powers of Children's Court to cancel infringement notice","content":"\t743 Powers of Children's Court to cancel infringement notice\n\n(1) On the referral of an application under section 742 to the Children's Court, any of the procedures set out in this Chapter that are being used for the enforcement of the infringement penalty are suspended pending the determination of the application.\n\n(2) The Children's Court may only cancel an infringement notice if it is satisfied that, more than 14 days before making the application, the child was not in fact aware that the infringement notice had been served.\n\n(3) If the Children's Court cancels an infringement notice under this section—\n\n(a) any infringement penalty and penalty reminder notice fee that have been paid in relation to the notice must be refunded and the Consolidated Fund or any other fund specified by the relevant Act or other instrument into which the penalty and fee have been paid is, to the necessary extent, appropriated accordingly; and\n\n(b) any of the procedures set out in this Chapter that are being used for the enforcement of any infringement penalty and penalty reminder notice fee (if any) in relation to the notice must be discontinued; and\n\n(c) any CAYPINS enforcement order in relation to the infringement penalty and penalty reminder notice fee (if any) is revoked; and\n\n(d) any warrant issued in relation to the infringement penalty and penalty reminder notice fee is cancelled.\n\n(4) The cancellation of an infringement notice under this section does not prevent the service of a new infringement notice for the infringement offence for which the cancelled infringement notice was served.\n\nPart 17.4—Decision to go to court\n\n","sortOrder":715},{"sectionNumber":"744","sectionType":"section","heading":"Commencing proceeding for summary offence","content":"\t744 Commencing proceeding for summary offence\n\n(1) A proceeding in respect of a summary offence for which an infringement notice was issued may be commenced—\n\n(a) in accordance with section 148; or\n\n(b) in accordance with section 41A of the **Infringements Act 2006**; or\n\n(c) in accordance with section 53 of the **Infringements Act 2006**; or\n\n(d) if an infringement notice is reviewed under Division 3 of Part 2 of the **Infringements Act 2006**, within 6 months after the date of service of the advice of the outcome on the applicant under section 24(3) of that Act or 12 months after the date of the alleged offence (whichever is the earlier); or\n\n(e) if, under section 731(7)(b) or 733(3)(a), the registrar of the Children's Court cancels the registration of an infringement penalty and remits the relevant infringement notice to the enforcement agency, within 6 months after the date of cancellation of the registration of the infringement penalty or 12 months after the date of the alleged offence (whichever is the earlier); or\n\n(f) if the Court cancels an infringement notice under Part 17.3 and a new infringement notice is served on the child, within 6 months after the date of cancellation of the cancelled infringement notice or 12 months after the date of the alleged offence (whichever is the earlier); or\n\n(g) if a person has nominated the child for an offence committed under the **Road Safety Act 1986**, the **Melbourne City Link Act 1995**, the **EastLink Project Act 2004**, the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** or the **North East Link Act 2020**, within 6 months after the date of service of the infringement notice on the child or 12 months after the date of the alleged offence (whichever is the earlier); or\n\n(h) if a nomination of a kind specified in paragraph (g) is made and subsequently cancelled under section 84BF(1) of the **Road Safety Act 1986** so that liability reverts to the person who made the nomination—\n\n(i) for an offence committed under the **Road Safety Act 1986**, within 6 months after the date of cancellation of the nomination or 12 months after the date of the alleged offence (whichever is the earlier); or\n\n(ii) for an offence committed under section 204 of the **EastLink Project Act 2004**, section 73(1) of the **Melbourne City Link Act 1995**, section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019** or section 69(1) of the **North East Link Act 2020**, within 6 months after the date of cancellation of the nomination or 15 months after the date of the alleged offence (whichever is the earlier); or\n\n(i) subject to paragraph (g), if the offence is against section 204 of the **EastLink Project Act 2004**, within 6 months after the date of service of the infringement notice under section 210(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or\n\n(j) subject to paragraph (g), if the offence is against section 73(1) of the **Melbourne City Link Act 1995**, within 6 months after the date of service of the infringement notice under section 80(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or\n\n(k) subject to paragraph (g), if the offence is against section 32(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, within 6 months after the date of service of the infringement notice under section 45(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier); or\n\n(l) subject to paragraph (g), if the offence is against section 69(1) of the **North East Link Act 2020**, within 6 months after the date of service of the infringement notice under section 83(1) of that Act or 15 months after the date of the alleged offence (whichever is the earlier).\n\n(2) Subsection (1) has effect despite section 148 or any other provision of any Act or other instrument providing for the period during which a proceeding may be commenced for an offence alleged to have been committed.\n\nChapter 18—General\n\nPart 18.1—Additional safeguards\n\n\t745 Statements by child or young person participating in treatment or rehabilitation program not admissible in proceedings\n\n(1) Any statement, confession, admission or information that is made or given by a child or young person for the purposes of assessment for a treatment or rehabilitation program or whilst participating in a treatment or rehabilitation program is not admissible in—\n\n(b) any proceeding (whether civil or criminal) other than a proceeding for a support and engagement order under the **Terrorism (Community Protection) Act 2003**.\n\n(2) Subsection (1) does not apply if a child or young person consents to the use or disclosure of the statement, confession, admission or information referred to in that subsection.\n\n***treatment or rehabilitation program*** means any treatment, rehabilitation or intervention program provided under this Act that is offered to or undertaken by a child or young person for the purposes of addressing or responding to the underlying causes of the child's or young person's offending or alleged offending, or to counter violent extremism or radicalisation, including any treatment, rehabilitation or intervention program offered—\n\n  (a) as part of early intervention or diversion; or\n\n(b) after the child or young person is charged with an offence or while on bail or remand; or\n\n(c) after the commencement of a proceeding; or\n\n(d) while subject to a community service order, a probation order, a youth supervision and support order or a youth control order or serving a sentence of detention.\n\n\t746 Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced\n\nAny score, assessment or rating related to a child's risk of re-offending derived from an assessment of the child's individual risks and needs conducted after the alleged commission of an offence is not admissible in—\n\n(b) any criminal proceeding before the child is sentenced for the offence.\n\n","sortOrder":716},{"sectionNumber":"747","sectionType":"section","heading":"Statements by child or young person participating in restorative justice program not admissible in subsequent proceedings","content":"\t747 Statements by child or young person participating in restorative justice program not admissible in subsequent proceedings\n\n(1) Any statement, confession, admission or information made or given by a child or young person whilst participating in a restorative justice program is not admissible in—\n\n(b) any proceeding against that child or young person (whether civil or criminal).\n\n(2) Subsection (1) does not apply if a child or young person consents to the use or disclosure of the statement, confession, admission or information referred to in that subsection.\n\n***restorative* *justice program*** means any of the following—\n\n(a) a bail support service within the meaning of the **Bail Act 1977** that facilitates restorative justice objectives;\n\n(b) a diversion program under Part 6.3 that facilitates restorative justice objectives;\n\n(c) a pre-sentence group conference;\n\n(d) a parole stage group conference;\n\n(e) a program or class of program approved under subsection (4).\n\n(4) The Secretary may approve in writing a program or class of program that is delivered in a youth justice custodial centre to be a restorative justice program for the purposes of this section.\n\n","sortOrder":717},{"sectionNumber":"Part 18","sectionType":"part","heading":"2—Powers in relation to medical services","content":"Part 18.2—Powers in relation to medical services\n\n","sortOrder":718},{"sectionNumber":"748","sectionType":"section","heading":"Powers in relation to assessment, medical treatment and admission to hospital","content":"\t748 Powers in relation to assessment, medical treatment and admission to hospital\n\n(1) The Secretary at any time may order that a child or young person in the legal custody of the Secretary be examined to determine the child's or young person's medical, physical, intellectual or mental condition.\n\n(2) The Secretary must order that a child or young person in the legal custody of the Secretary be examined to determine if that child or young person has a relevant impairment or a medical, mental health, developmental, behavioural, intellectual, linguistic or health condition or a disability-related need, if—\n\n(a) it appears to the Secretary that the child or young person may have a relevant impairment or a medical, mental health, developmental, behavioural, intellectual, linguistic or health condition or a disability- related need; and\n\n(b) the Secretary reasonably believes that the examination would assist in supporting the child's or young person's positive development and rehabilitation.\n\n(3) The Minister may arrange for the provision of any necessary medical treatment to, or the admission to hospital for the purposes of necessary medical treatment of—\n\n(a) a child or young person in the legal custody of the Secretary; or\n\n(b) any class of child or young person in the legal custody of the Secretary.\n\n(4) If a registered medical practitioner advises that medical treatment or admission to hospital is necessary for a child who is under 18 years of age in the legal custody of the Secretary, the following persons may consent to the treatment or admission even if the child's parent refuses to give consent—\n\n(a) the Minister;\n\n(b) the Secretary;\n\n(c) any person (other than a youth justice custodial officer or a person employed under Part 3 of the **Public Administration Act 2004** in the Department) authorised by the Secretary.\n\n  (5) An authorisation for the purposes of subsection (4)(c) must be in writing.\n\n  (6) In this section, a reference to the legal custody of the Secretary is a reference to the legal custody of the Secretary under section 460.\n\n1 This Part applies in respect of a child held in custody in a youth justice custodial centre under Part 2AA or 2A of the **Terrorism (Community Protection) Act 2003**. However, in the event of any inconsistency between this Part and the provisions of Part 2AA of the **Terrorism (Community Protection) Act 2003**, the relevant provisions of that Act prevail—see section 13AS of the **Terrorism (Community Protection) Act 2003**.\n\n2 In the event of any inconsistency between this Part and the provisions of Part 2A of the **Terrorism (Community Protection) Act 2003** or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of that Act or the order (as the case requires) prevail—see section 13WA of the **Terrorism (Community Protection) Act 2003**.\n\nPart 18.3—Cultural support plans for Aboriginal children and young persons\n\n","sortOrder":719},{"sectionNumber":"749","sectionType":"section","heading":"Objects of cultural support plan","content":"\t749 Objects of cultural support plan\n\nThe objects of a cultural support plan for an Aboriginal child or young person are—\n\n(a) to support the child or young person to learn about their Aboriginal culture and heritage; and\n\n(b) to strengthen the child's or young person's connection to their Aboriginal family, kin, community, culture, Country and Elders; and\n\n(c) to develop and encourage the child's or young person's sense of pride in their Aboriginal identity; and\n\n(d) to uphold the guiding youth justice principles specific to Aboriginal children and young persons.\n\nSee section 24.\n\n","sortOrder":720},{"sectionNumber":"750","sectionType":"section","heading":"Development of cultural support plan","content":"\t750 Development of cultural support plan\n\n(1) The Secretary must offer an Aboriginal child or young person an opportunity to develop a cultural support plan as soon as practicable after—\n\n(a) a probation order is made in respect of the child or young person; or\n\n(b) a youth supervision and support order is made in respect of the child or young person; or\n\n(c) a youth control order is made in respect of the child or young person; or\n\n(d) a youth justice custodial order is made in respect of the child or young person; or\n\n(e) the child or young person is sentenced to a term of detention in a youth justice custodial centre under the **Sentencing Act 1991**; or\n\n(f) the child or young person is transferred from a prison to a youth justice custodial centre under a direction given under section 674.\n\n(2) The Secretary may offer any of the following an opportunity to develop a cultural support plan if it would be practicable in the circumstances to do so—\n\n(a) an Aboriginal child who is remanded in custody in respect of an alleged offence;\n\n(b) an Aboriginal child who is released on bail in respect of an alleged offence.\n\n(3) The Aboriginal child or young person may—\n\n(a) develop a cultural support plan that addresses the individual needs and circumstances of the child or young person; and\n\n(b) request the Secretary to assist the child or young person in developing the cultural support plan.\n\n(4) A cultural support plan for an Aboriginal child or young person must comply with any prescribed requirements.\n\n","sortOrder":721},{"sectionNumber":"751","sectionType":"section","heading":"Secretary to assist Aboriginal child or young person to develop cultural support plan in accordance with request","content":"\t751 Secretary to assist Aboriginal child or young person to develop cultural support plan in accordance with request\n\n(1) If an Aboriginal child or young person requests assistance from the Secretary to develop a cultural support plan, the Secretary must provide assistance as requested by the child or young person, including by supporting and assisting the child or young person—\n\n(a) to engage with family members, Elders and Aboriginal organisations; and\n\n(b) to request information from an entity that may be relevant to the cultural support plan for the child or young person.\n\nS. 751(2) amended by No. 41/2025 s. 3(Sch. 1 item 35.5).\n\n(2) If the Secretary supports or assists an Aboriginal child or young person to request information from an entity for the purpose of assisting the child or young person to develop a cultural support plan, any inquiry or request is made on behalf of the child or young person, and not in the Secretary's capacity as the Secretary.\n\n(3) Nothing in this Part requires or authorises the disclosure of information for the purposes of a cultural support plan, or affects a provision of any other Act in relation to the disclosure or use of, or access to, information.\n\n","sortOrder":722},{"sectionNumber":"752","sectionType":"section","heading":"Record of cultural support plan","content":"\t752 Record of cultural support plan\n\nThe Secretary must keep a copy of a cultural support plan developed by an Aboriginal child or young person.\n\n","sortOrder":723},{"sectionNumber":"753","sectionType":"section","heading":"Use of cultural support plan","content":"\t753 Use of cultural support plan\n\n(1) A cultural support plan for an Aboriginal child or young person and any information contained in that plan must not be used or given to any person except as requested by the child or young person.\n\n(2) Without limiting subsection (1), an Aboriginal child or young person may request for their cultural support plan to be used for any purpose, including to guide the provision of services and support to the child or young person while an order or sentence is in force in respect of the child or young person.\n\n(3) Chapter 15 does not apply to a cultural support plan for an Aboriginal child or young person or any information obtained only for the purposes of that cultural support plan.\n\n","sortOrder":724},{"sectionNumber":"754","sectionType":"section","heading":"Report to Commission for Children and Young People","content":"\t754 Report to Commission for Children and Young People\n\nThe Secretary must report the following information in respect of each year to the Commission for Children and Young People—\n\n(a) the number of Aboriginal children or young persons who were eligible to develop a cultural support plan;\n\n(b) the number of Aboriginal children or young persons who developed a cultural support plan;\n\nPart 18.4—Establishment, approval and abolition of youth justice services\n\n","sortOrder":725},{"sectionNumber":"755","sectionType":"section","heading":"Establishment or abolition of youth justice custodial centre","content":"\t755 Establishment or abolition of youth justice custodial centre\n\nThe Governor in Council, by notice published in the Government Gazette, may do either or both of the following—\n\n(a) establish a youth justice custodial centre;\n\n(b) abolish a youth justice custodial centre.\n\n","sortOrder":726},{"sectionNumber":"756","sectionType":"section","heading":"Establishment, approval or abolition of youth justice community service centre","content":"\t756 Establishment, approval or abolition of youth justice community service centre\n\n(1) The Secretary, by notice published in the Government Gazette, may do either or both of the following—\n\n(a) establish a youth justice community service centre;\n\n(b) abolish a youth justice community service centre.\n\n(2) The Secretary may approve a service operated by any person or body (other than the Department) as a youth justice community service centre.\n\n","sortOrder":727},{"sectionNumber":"757","sectionType":"section","heading":"Approval of services","content":"\t757 Approval of services\n\n(1) The Secretary may approve a person or body (other than the Department) to provide services for the purposes of this Act.\n\n(2) An approval under subsection (1) may be of general or limited application.\n\n(3) On approving a person or body under subsection (1), the Secretary must give a notice of approval to the approved service provider.\n\n(4) The Secretary may make a grant of money to an approved service provider, subject to any conditions determined by the Secretary, to assist the approved service provider to provide the approved services.\n\n(5) The Secretary may revoke an approval given under subsection (1) if the Secretary is satisfied at any time that the approved service provider is unable to provide services of an adequate standard.\n\n(6) On revoking an approval under subsection (5), the Secretary must give a notice of revocation of the approval to the service provider.\n\nPart 18.5—Matters relating to group conferences\n\n","sortOrder":728},{"sectionNumber":"758","sectionType":"section","heading":"Person engaged to convene group conferences","content":"\t758 Person engaged to convene group conferences\n\n(1) A person or body approved under section 757 to conduct one or more types of group conference may employ or contract a person to convene group conferences.\n\n(2) A person must not be employed or contracted as a convenor of a group conference unless the person has relevant knowledge of or experience in—\n\n(a) restorative justice approaches and processes; and\n\n(b) working with children.\n\n","sortOrder":729},{"sectionNumber":"759","sectionType":"section","heading":"Functions of group conference convenor","content":"\t759 Functions of group conference convenor\n\n(1) The functions of a convenor are to—\n\n(a) convene group conferences; and\n\n(b) facilitate the conduct of group conferences in accordance with this Act; and\n\n(c) perform any other function that is conferred by this Act or any other prescribed function.\n\n(2) In exercising functions under this Act or the regulations, a convenor must—\n\n(a) act independently; and\n\n(b) have regard to guidelines (if any) made by the Secretary under this section.\n\n(3) The Secretary may make guidelines as to the exercise of functions generally by a convenor of a group conference.\n\n(4) The following entities must not direct a convenor of a group conference as to the exercise of functions by the convenor in a group conference or the outcome of a specific group conference—\n\n(b) the Department Head (within the meaning of the **Public Administration Act 2004**) of any other Department;\n\n(c) Victoria Police;\n\n(d) a public service body;\n\n(e) a public entity.\n\n","sortOrder":730},{"sectionNumber":"760","sectionType":"section","heading":"Remote conduct of or participation in group conference","content":"\t760 Remote conduct of or participation in group conference\n\n(1) The place at which a group conference is to be held includes a group conference to be held by audio link or audio visual link.\n\n(2) The convenor, having regard to the views of the proposed attendees of a group conference, may require or permit one or more of the attendees to—\n\n(a) appear before the group conference by audio visual link or audio link; or\n\n(b) participate in the group conference by making oral or written submissions.\n\n","sortOrder":731},{"sectionNumber":"761","sectionType":"section","heading":"Obligation to keep records","content":"\t761 Obligation to keep records\n\nA convenor of a group conference must keep, in accordance with any prescribed requirements, a record of—\n\n(a) the group conference outcome plan (if any); and\n\n(b) any other prescribed materials.\n\n","sortOrder":732},{"sectionNumber":"762","sectionType":"section","heading":"Financial assistance for victims of crime","content":"\t762 Financial assistance for victims of crime\n\nFor the avoidance of doubt, the fact that a person participates in a group conference as a victim of an offence or an alleged offence does not affect the person's eligibility for compensation and financial assistance.\n\nA victim of crime may be eligible for financial support under the **Victims of Crime (Financial Assistance Scheme) Act 2022**, the **Transport Accident Act 1986** or the **Workplace Injury and Rehabilitation Compensation Act 2013**.\n\nPart 18.6—Enforcement and other matters\n\n","sortOrder":733},{"sectionNumber":"763","sectionType":"section","heading":"Offence to obstruct Secretary, Commissioner or employee","content":"\t763 Offence to obstruct Secretary, Commissioner or employee\n\nA person must not obstruct or hinder the Secretary, the Commissioner for Youth Justice or any person employed under Part 3 of the **Public Administration Act 2004** in the Department in the carrying out of that person's duties under this Act.\n\n","sortOrder":734},{"sectionNumber":"764","sectionType":"section","heading":"Requirements relating to reporting","content":"\t764 Requirements relating to reporting\n\n(1) A person who is required under this Act or the regulations to report to the Secretary as a condition or requirement of a sentence or a youth parole order may report in any manner directed by the Secretary, including, but not limited to, reporting by means of audio link or audio visual link.\n\n(2) This section applies to reporting at any time, irrespective of when the requirement to report was imposed.\n\nPart 18.7—Limitation of the Supreme Court's jurisdiction\n\n","sortOrder":735},{"sectionNumber":"765","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t765 Supreme Court—limitation of jurisdiction\n\nIt is the intention of sections 374, 375(2), 381(2) and 387(2) to alter or vary section 85 of the **Constitution Act 1975**.\n\nPart 18.8—Regulations\n\n","sortOrder":736},{"sectionNumber":"766","sectionType":"section","heading":"Regulations","content":"\t766 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) prescribing forms and particulars in relation to commencing a proceeding against a child who it is presumed cannot commit an offence;\n\n(b) prescribing any matter relating to the review of a charge against a child who it is presumed cannot commit an offence;\n\n(c) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The Governor in Council may make regulations for or with respect to the following—\n\n(a) prescribing regions of the State for the purposes of Part 5.2 and Division 4 of Part 7.8;\n\n(b) the appointment, powers, duties and functions of persons responsible for programs engaged with under youth justice custodial orders, youth parole orders and supervised community-based orders;\n\n(c) the conduct, management and supervision of programs engaged with under youth justice supervised bail, youth justice custodial orders, youth parole orders and supervised community-based orders;\n\n(d) the appointment, powers, duties and functions of youth justice custodial officers and youth justice community workers;\n\n(e) the care, supervision and management of persons in youth justice custodial centres, and youth justice community service centres or otherwise in the legal custody of the Secretary or the Commissioner for Youth Justice;\n\n(f) the conduct, management, supervision, safety, stability and security of youth justice custodial centres, youth justice community service centres and any other institutions or places established under this Act or under the control of the Secretary or the Commissioner for Youth Justice;\n\n(g) the entitlements of persons held in custody in youth justice custodial centres or of children held in custody in police gaols and other places and the responsibility of the Secretary, the Commissioner for Youth Justice, the Chief Commissioner of Police or any other person with respect to those entitlements;\n\n(h) the earnings of a person held in custody in a youth justice custodial centre;\n\n(i) the management, security and good order of police gaols and other places in which children are held in custody;\n\n(j) particulars and other matters in relation to the use of force, searches and seizures;\n\n(k) supervision, observation and other matters in relation to the use of isolation;\n\n(l) visits to youth justice custodial centres and searches of visitors;\n\n(m) all matters necessary for the management, supervision, safety, stability, security and health of children in respect of whom a supervised community-based order is in force;\n\n(n) the variation by the Secretary or the Commissioner for Youth Justice of details relating to the dates and times of attendance at a youth justice community service centre;\n\n(o) the conduct and management of group conference programs and group conferences generally, including but not limited to the composition of, or participants in, group conferences, the qualifications of convenors of group conferences and the engagement of persons or organisations in group conferences;\n\n(p) prescribing the nature of reasonable directions which may be given by the Secretary or the Commissioner for Youth Justice in relation to supervised community-based orders;\n\n(q) prescribing institutions or places in which children remanded in custody by a court or a bail justice may be placed;\n\n(r) Division 5 of Part 7.7 (Fines) generally including the following—\n\n(i) the matters to be specified in applications or orders made or notices given under that Division;\n\n(ii) the manner of making applications for time to pay orders, instalment orders or variations of instalment orders;\n\n(iii) the procedure of the Children's Court and of the registrar at the proper venue of the Court under that Division;\n\n(iv) securing the attendance of a child before the Children's Court and the production of documents by a child to the Court under that Division;\n\n(v) the functions of the registrar at the proper venue of the Children's Court under that Division;\n\n  (s) prescribing the fees, costs and charges payable in respect of the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as a registrar under Chapter 17 (CAYPINS);\n\n(t) reports for the purposes of this Act;\n\n(u) prescribing forms.\n\n(3) Regulations made under this Act may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(i) wholly, partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made, at any time before then or from time to time;\n\n(d) apply—\n\n(i) at all times or at a specified time; or\n\n(ii) throughout the whole of the State or in a specified part of the State; or\n\n(iii) as specified in both subparagraphs (i) and (ii);\n\n  (e) confer a discretionary authority on—\n\n(i) a specified court official or specified class of court official; or\n\n(ii) any specified representatives of the Aboriginal community on justice-related issues or specified class of representatives of the Aboriginal community on justice-related issues; or\n\n(iii) any other specified person or other entity or specified class of person or other entity;\n\n(f) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—\n\n(ii) either wholly or to the extent specified in the regulations;\n\n(g) impose a penalty not exceeding 10 penalty units for a contravention of the regulations.\n\n","sortOrder":737},{"sectionNumber":"767","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t767 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act.\n\n(a) have a retrospective effect to a day on or from the day on which this Act received the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) leave any matter or thing to be decided by a specified person or class of person; and\n\n(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.\n\n(3) Regulations made under this section have effect despite anything to the contrary—\n\n(a) in any Act (other than this Act or the **Charter of Human Rights and Responsibilities Act 2006**); or\n\n(b) in any subordinate instrument.\n\n(4) This section is **repealed** on the second anniversary of the day on which it comes into operation.\n\nChapter 19—Transitional provisions and consequential amendments relating to minimum age of criminal responsibility\n\nPart 19.1—Transitional provisions\n\n\t768 Definitions\n\n(1) In this Part—\n\n***commencement day*** means the date this Chapter commences.\n\n(2) For the avoidance of doubt, a reference in this Part to an offence does not include a reference to an offence against the law of the Commonwealth.\n\n","sortOrder":738},{"sectionNumber":"769","sectionType":"section","heading":"Person cannot be held criminally responsible for conduct at 10 or 11 years of age","content":"\t769 Person cannot be held criminally responsible for conduct at 10 or 11 years of age\n\n(1) Section 10 of this Act  applies to a person in relation to any conduct by the person at 10 or 11 years of age before the commencement day that constitutes or allegedly constitutes an offence.\n\n(2) On and after the commencement day, a person cannot be held criminally responsible under the law of Victoria for any conduct that is alleged to have occurred when the person was 10 or 11 years of age, irrespective of whether the conduct is alleged to have occurred before, on or after the commencement day.\n\n(3) A police officer must not charge a person for an offence allegedly committed by the person when the person was 10 or 11 years of age, irrespective of whether the offence is alleged to have been committed before, on or after the commencement day.\n\n(4) A criminal proceeding must not be commenced for an offence allegedly committed by a person when the person was 10 or 11 years of age, irrespective of whether the offence is alleged to have been committed before, on or after the commencement day.\n\n","sortOrder":739},{"sectionNumber":"770","sectionType":"section","heading":"Person must be released from custody for offence committed at 10 or 11 years of age","content":"\t770 Person must be released from custody for offence committed at 10 or 11 years of age\n\nIf immediately before the commencement day, a person is in custody within the meaning of section 464(1) of the **Crimes Act 1958** for an offence allegedly committed when the person was 10 or 11 years of age, on the commencement day—\n\n(a) any questioning or other investigation of the person for the purpose of determining whether to charge the person for that offence must cease; and\n\n(b) the person must be unconditionally released from custody.\n\n","sortOrder":740},{"sectionNumber":"771","sectionType":"section","heading":"Criminal proceeding on foot","content":"\t771 Criminal proceeding on foot\n\n(1) If a criminal proceeding is commenced for an offence allegedly committed by a person when the person was 10 or 11 years of age and immediately before the commencement day, the proceeding has not been determined, on the commencement day—\n\n(a) the person is, by virtue of this section, taken to be not guilty of the offence allegedly committed by the person when the person was 10 or 11 years of age; and\n\n(b) subject to subsection (3), if the person is in custody, the person must be unconditionally released.\n\n(2) If a person is, by virtue of this section, taken to be not guilty of an alleged offence—\n\n(a) the court must direct that an entry of not guilty be made on the record in respect of the alleged offence; and\n\n(b) any order made under the **Bail Act 1977** in respect of the person for the alleged conduct that constitutes the offence is, by virtue of this section, taken to be set aside.\n\n(3) A person is not required to be unconditionally released under subsection (1)(b) if the person is in custody for an offence committed or allegedly committed by the person when the person was 12 years of age or over.\n\n","sortOrder":741},{"sectionNumber":"772","sectionType":"section","heading":"Criminal proceeding adjourned for therapeutic treatment order or protection order","content":"\t772 Criminal proceeding adjourned for therapeutic treatment order or protection order\n\n(1) The Secretary of the Department of Families, Fairness and Housing is released from any obligation to report on a child to the Criminal Division of the court under section 350, 351, 352A, 353 or 355 of the **Children, Youth and Families Act 2005** if—\n\n(a) before the commencement day, a criminal proceeding was adjourned to refer the matter of a protection application or an application for a therapeutic treatment order to the Secretary of the Department of Families, Fairness and Housing for investigation under section 349 of the **Children, Youth and Families Act 2005**; and\n\n(b) on or after the commencement day, the child is, by virtue of section 771, taken to be not guilty of the alleged offence or offences to which the criminal proceeding relates.\n\n(2) However, the fact that the child is, by virtue of section 771, taken to be not guilty of the alleged offence or offences to which the criminal proceeding relates does not affect any of the following—\n\n(a) the obligation of the Secretary of the Department of Families, Fairness and Housing under section 350 of the **Children, Youth and Families Act 2005** to enquire into the matter of an application for a protection order or a therapeutic treatment order in respect of the child;\n\n(b) the power of the Children's Court to make a therapeutic treatment order in respect of the child under section 248 of the **Children, Youth and Families Act 2005**;\n\n(c) the power of the Children's Court to make a therapeutic treatment (placement) order in respect of the child under section 252 of the **Children, Youth and Families Act 2005**;\n\n(d) the power of the Children's Court to make a protection order in respect of the child under section 274 of the **Children, Youth and Families Act 2005**.\n\n","sortOrder":742},{"sectionNumber":"773","sectionType":"section","heading":"Conviction or finding of guilt to be set aside","content":"\t773 Conviction or finding of guilt to be set aside\n\n(1) If a person was convicted or found guilty of an offence committed when the person was 10 or 11 years of age and the sentencing order or any other order made by a court in relation to the conviction or finding of guilt for that offence is in force immediately before the commencement day, on the commencement day—\n\n(a) the conviction or finding of guilt is, by virtue of this section, taken to be set aside; and\n\n(b) the sentencing order and any other order made by a court in relation to the conviction or finding of guilt is, by virtue of this section, taken to be set aside; and\n\n(c) the person must be unconditionally released from custody.\n\n(2) To avoid doubt, if an order is taken to be set aside under this section, the person referred to in subsection (1) and any other person who has obligations under that order are released from their obligations under the order, including the following—\n\n(a) a non-accountable undertaking imposed on a person under section 363 of the **Children, Youth and Families Act 2005**;\n\n(b) an accountable undertaking imposed on a person under section 365 of the **Children, Youth and Families Act 2005**;\n\n(c) a good behaviour bond entered into under section 367 of the **Children, Youth and Families Act 2005**;\n\n(d) a requirement that the person report to a youth justice officer within the meaning of section 3(1) of the **Children, Youth and Families Act 2005**;\n\n(e) a requirement to pay compensation or restitution under an order made under section 417 of the **Children, Youth and Families Act 2005**;\n\n(f) if a fine was imposed on the person, a requirement that the person pay any amount outstanding on the commencement day, including under an instalment order.\n\n(3) Any order that is taken to be set aside on the commencement day by virtue of this section is taken to have ended on the commencement day.\n\n(4) The fact that an order is taken to be set aside by virtue of this section does not affect any order that was made in respect of a conviction or finding of guilt for an offence committed by the person when the person was 12 years of age or over.\n\nSee also section 91 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**.\n\n","sortOrder":743},{"sectionNumber":"774","sectionType":"section","heading":"Presumption that person cannot be held criminally responsible for conduct at 12 or 13 years of age","content":"\t774 Presumption that person cannot be held criminally responsible for conduct at 12 or 13 years of age\n\n(1) The presumption in section 11 applies to a person in relation to any alleged conduct by the person when the person was 12 or 13 years of age, irrespective of whether the conduct is alleged to have occurred before, on or after the commencement day.\n\n(2) Section 12 applies to a police officer who, on or after the commencement day, is deciding whether to commence a proceeding for an offence allegedly committed by a person when the person was 12 or 13 years of age, irrespective of whether the offence is alleged to have been committed before, on or after the commencement day.\n\n(3) Section 13 applies to a proceeding commenced on or after the commencement day for a charge for an offence referred to in section 13(1), irrespective of whether the offence is alleged to have been committed before, on or after the commencement day.\n\n","sortOrder":744},{"sectionNumber":"775","sectionType":"section","heading":"Power to resolve transitional difficulties in proceeding","content":"\t775 Power to resolve transitional difficulties in proceeding\n\n(1) A court may make any order it considers appropriate to resolve a difficulty in a proceeding that arises because of the operation of this Part, including any difficulty that arises as a consequence of the following—\n\n(a) a person being taken to be not guilty of an offence allegedly committed by the person when the person was 10 or 11 years of age;\n\n(b) the setting aside of a conviction or a finding of guilt for an offence committed when a person was 10 or 11 years of age;\n\n(c) the setting aside of a sentencing order or any other order made by a court.\n\n(2) An order made under subsection (1)—\n\n(a) may be made on application of a party to the proceeding or on the court's own motion; and\n\n(b) must be consistent with the principle that a person cannot be held criminally responsible for conduct of the person when the person was 10 or 11 years of age; and\n\n(c) has effect despite any provision to the contrary made by or under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\n(3) This section is **repealed** on the fifth anniversary of the day on which it comes into operation.\n\n","sortOrder":745},{"sectionNumber":"776","sectionType":"section","heading":"Regulations dealing with transitional matters—minimum age of criminal responsibility","content":"\t776 Regulations dealing with transitional matters—minimum age of criminal responsibility\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 1.2 of Chapter 1 and this Part.\n\n(a) have a retrospective effect to a day on or from the day on which this Act received the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) leave any matter or thing to be decided by a specified person or class of person; and\n\n(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.\n\n(3) Regulations made under this section have effect despite anything to the contrary—\n\n(a) in any Act (other than this Act or the **Charter of Human Rights and Responsibilities Act 2006**); or\n\n(b) in any subordinate instrument.\n\n(4) This section is **repealed** on the fifth anniversary of the day on which it comes into operation.\n\n","sortOrder":746},{"sectionNumber":"777","sectionType":"section","heading":"Costs","content":"\t777 Costs\n\nThe fact that a person is taken under section 771 to be not guilty of an alleged offence does not entitle the person to be awarded costs in a criminal proceeding for the alleged offence.\n\n","sortOrder":747},{"sectionNumber":"778","sectionType":"section","heading":"No new entitlement to compensation","content":"\t778 No new entitlement to compensation\n\n(1) The application of this Part to a person does not entitle the person to compensation arising from or in relation to any act or omission occurring before the commencement day.\n\n(2) Without limiting subsection (1), the application of this Part to a person does not entitle the person to compensation in respect of the fact that, before the commencement day, the person—\n\n(a) was arrested, investigated, charged or prosecuted for allegedly committing an offence at 10 or 11 years of age; or\n\n(b) was subject to the conditions of a bail order in relation to, or remanded in custody for, an offence allegedly committed at 10 or 11 years of age; or\n\n(c) was convicted or found guilty of an offence committed at 10 or 11 years of age; or\n\n(d) served a sentence for an offence committed at 10 or 11 years of age, including a term of detention; or\n\n(e) was required to pay a fine or other money (including costs or any amount by way of restitution or compensation) on account of being convicted or found guilty of, or sentenced for, an offence committed at 10 or 11 years of age; or\n\n(f) incurred any loss, or suffered any consequence as a result of any circumstance referred to in paragraph (a), (b), (c), (d) or (e).\n\n(3) Nothing in subsection (1) prevents a person from being entitled to compensation arising from or in relation to any act or omission that occurred before the commencement day for any reason other than the application of this Part to the person.\n\nSee also section 14(2) of the **Interpretation of Legislation Act 1984**.\n\n","sortOrder":748},{"sectionNumber":"Part 19","sectionType":"part","heading":"2—Amendment of Bail Act 1977","content":"Part 19.2—Amendment of Bail Act 1977\n\n","sortOrder":749},{"sectionNumber":"779","sectionType":"section","heading":"Definitions","content":"\t779 Definitions\n\nIn section 3 of the **Bail Act 1977**, in the definition of ***child***, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n","sortOrder":750},{"sectionNumber":"780","sectionType":"section","heading":"Determination in relation to a child","content":"\t780 Determination in relation to a child\n\n(1) In section 3B(1)(c) of the **Bail Act 1977**—\n\n(a) **omit** \"at common law\";\n\n(b) for \"10 years of age or over but under 14 years of age\" **substitute** \"12 or 13 years of age\".\n\n(2) At the foot of section 3B(1)(c) of the **Bail** **Act 1977** **insert**—\n\nSee section 11 of the **Youth** **Justice** **Act** **2024**.\".\n\nPart 19.3—Amendment of Children, Youth and Families Act 2005\n\n","sortOrder":751},{"sectionNumber":"781","sectionType":"section","heading":"Definitions","content":"\t781 Definitions\n\nIn section 3(1) of the **Children, Youth and Families Act 2005**, in the definition of ***child***—\n\n(a) for paragraph (a) **substitute**—\n\n\"(a) in the case of a person who is alleged to have committed an offence, has the same meaning as in the **Youth Justice Act 2024**; and\";\n\n(b) in paragraph (ae), for \"10 years\" **substitute** \"12 years\".\n\n\t782 Part 5.1 repealed\n\nPart 5.1 of the **Children, Youth and Families Act 2005** is **repealed**.\n\n\t783 Time limits for filing a charge-sheet\n\nFor the note at the foot of section 344A of the **Children, Youth and Families Act 2005 substitute**—\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 Section 53 of the **Infringements Act 2006** and Part 4 of Schedule 3 to this Act also provide for the extension of the period in which a proceeding may be commenced in respect of an offence for which an infringement notice was issued.\".\n\n","sortOrder":752},{"sectionNumber":"784","sectionType":"section","heading":"Children to be proceeded against by summons","content":"\t784 Children to be proceeded against by summons\n\nAt the foot of section 345 of the **Children, Youth and Families Act 2005 insert** the following—\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":753},{"sectionNumber":"785","sectionType":"section","heading":"Matters to be taken into account","content":"\t785 Matters to be taken into account\n\nAt the foot of section 362(1) of the **Children, Youth and Families Act 2005 insert** the following note—\n\nSection 24C of the **Spent Convictions Act 2021** restricts how a court may use a spent childhood conviction (within the meaning of that Act) and information about the conduct to which a spent childhood conviction relates.\"\n\n","sortOrder":754},{"sectionNumber":"786","sectionType":"section","heading":"Court may make youth residential centre order","content":"\t786 Court may make youth residential centre order\n\nIn section 410(1)(b) of the **Children, Youth and Families Act 2005**, for \"10 years\" **substitute** \"12 years\".  \n\n","sortOrder":755},{"sectionNumber":"787","sectionType":"section","heading":"Rules","content":"\t787 Rules\n\n(1) After section 588(1A)(a) of the **Children, Youth and Families Act 2005 insert**—\n\n\"(ab) providing for specialist lists for classes of proceedings in the Criminal Division of the Court;\".\n\n(2) After section 588(3) of the **Children, Youth and Families Act 2005 insert**—\n\n\"(4) The Rules may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) confer a discretionary authority or impose a duty on—\n\n(i) the President, a magistrate, a judicial registrar or a specified court official; or\n\n(ii) a specified class of magistrate, judicial registrar or court official;\n\n(d) provide in a specified case or class of case for the exemption of proceedings or a class of proceeding from any of the provisions of the Rules—\n\n(ii) either wholly or to the extent specified in the Rules.\".\n\n","sortOrder":756},{"sectionNumber":"788","sectionType":"section","heading":"Schedule 3—Definitions","content":"\t788 Schedule 3—Definitions\n\nIn clause 2 of Schedule 3 to the **Children, Youth and Families Act 2005**, in the definition of ***child***, for \"10 years\" **substitute** \"12 years\".\n\nPart 19.4—Amendment of Commission for Children and Young People Act 2012\n\n","sortOrder":757},{"sectionNumber":"789","sectionType":"section","heading":"Delegation","content":"\t789 Delegation\n\nAfter section 20(3)(c) of the **Commission for Children and Young People Act 2012 insert**—\n\n\"(ca) the power to decide whether to prepare a report under section 85(1) of the **Youth Justice Act 2024**;\n\n(cb) the power to provide a report to the Parliament under section 85(3)(a) of the **Youth Justice Act 2024**;\n\n(cc) the power to publish a report on an appropriate Internet site under section 88(1) of the **Youth Justice Act 2024**;\".\n\n","sortOrder":758},{"sectionNumber":"790","sectionType":"section","heading":"Definition","content":"\t790 Definition\n\nIn section 54 of the **Commission for Children and Young People Act 2012**, for the definition of ***protected information*** **substitute**—\n\n\"***protected information*** means information acquired by a relevant person by reason of being a relevant person under—\n\n(a) this Act; or\n\n(b) Part 5A of the **Child Wellbeing and Safety Act 2005**; or\n\n(c) Chapter 3 of the **Youth Justice Act 2024**;\".\n\n","sortOrder":759},{"sectionNumber":"791","sectionType":"section","heading":"Section 60 amended","content":"\t791 Section 60 amended\n\n(1) In the heading to section 60 of the **Commission for Children and Young People Act 2012**, for \"**Minister or Secretary**\" **substitute** \"**Ministers or Secretaries**\".\n\n(2) At the end of section 60 of the **Commission for Children and Young People Act 2012 insert**—\n\n\"(2) In addition to subsection (1), the Commission may disclose to the following persons any information acquired by the Commission in performing its functions and exercising its powers under Chapter 3 of the **Youth Justice Act 2024**—\n\n(b) the Minister administering the **Youth Justice Act 2024**;\n\n(c) the Minister administering the **Victoria Police Act 2013**;\n\n(d) the Secretary to the Department of Justice and Community Safety.\".\n\nPart 19.5—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997\n\n","sortOrder":760},{"sectionNumber":"792","sectionType":"section","heading":"Definitions","content":"\t792 Definitions\n\nIn section 3(1) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, in the definition of ***child***, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\";\n\n","sortOrder":761},{"sectionNumber":"793","sectionType":"section","heading":"Section 38ZG repealed","content":"\t793 Section 38ZG repealed\n\nSection 38ZG of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** is **repealed**.\n\n","sortOrder":762},{"sectionNumber":"794","sectionType":"section","heading":"How long does a supervision order last?","content":"\t794 How long does a supervision order last?\n\nIn section 38ZI(3) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**—\n\n(a) in paragraph (a), for \"aged 10 years or more but under 15 years\" **substitute** \"who is under 15 years of age\";\n\n(b) in paragraph (b), for \"aged 15 years or more but under 21 years\" **substitute** \"who is 15 years of age or over but under 21 years of age\".\n\n","sortOrder":763},{"sectionNumber":"795","sectionType":"section","heading":"New section 91 inserted","content":"\t795 New section 91 inserted\n\nAfter section 90A of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert**—\n\n\"91 Transitional provision—Youth Justice Act 2024—increase in minimum age of criminal responsibility\n\n(1) If, before the commencement of Part 1.2 of the **Youth Justice Act 2024**, a court has declared that a child is liable to supervision under Division 5 of Part 5A because of conduct by the child when the child was 10 or 11 years of age, on that commencement—\n\n(a) the declaration is of no effect; and\n\n(b) any supervision order made under section 38ZH in respect of the child because of the declaration is, by virtue of this section, taken to be set aside; and\n\n(c) any order made under the **Bail Act 1977** in respect of the child is, by virtue of this section, taken to be set aside; and\n\n(d) any other order relating to the declaration is, by virtue of this section, taken to be set aside.\n\n(2) If a supervision order made under section 38ZH is taken to be set aside under this section—\n\n(a) the child is released from any obligation to comply with the conditions of the order; and\n\n(b) if the child is in custody, the child must be unconditionally released; and\n\n(c) any order made under section 38ZM that a warrant to arrest be issued against the child is, by virtue of this section, taken to be set aside.\".\n\nPart 19.6—Amendment of Crimes Act 1958\n\nDivision 1—Conspiracy, incitement, recruitment and complicity\n\n\t796 Conspiracy to commit an offence\n\nIn section 321(1), (2) and (3) of the **Crimes Act 1958**, for \"he\" **substitute** \"the person\".\n\n","sortOrder":764},{"sectionNumber":"797","sectionType":"section","heading":"New section 321AA inserted","content":"\t797 New section 321AA inserted\n\nAfter section 321 of the **Crimes Act 1958** **insert**—\n\n\"321AA Agreement with child who may not be criminally responsible\n\nA person may be found guilty of an offence against section 321 even if—\n\n(a) the other party to the agreement referred to in that section is a child, or, if there is more than one other party to the agreement, all of the other parties to the agreement are children; and\n\n(b) under section 10 or 11 of the **Youth Justice Act 2024**, it is presumed that the child, or those children, cannot commit the offence that is the subject of the agreement.\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":765},{"sectionNumber":"798","sectionType":"section","heading":"New section 321GA inserted","content":"\t798 New section 321GA inserted\n\nAfter section 321G of the **Crimes Act 1958 insert**—\n\n\"321GA Incitement of child who may not be criminally responsible\n\nA person may be found guilty of an offence against section 321G even if—\n\n(a) the person incited is a child; and\n\n(b) under section 10 or 11 of the **Youth Justice Act 2024**, it is presumed that the child cannot commit the offence that is the subject of the incitement.\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":766},{"sectionNumber":"799","sectionType":"section","heading":"Definitions","content":"\t799 Definitions\n\n(1) In section 321LA of the **Crimes Act 1958 insert** the following definition—\n\n\"***adult*** means a person who is 18 years of age or over;\".\n\n(2) At the end of section 321LA of the **Crimes Act 1958** **insert**—\n\n\"(2) Conduct by a child may be ***criminal activity*** even if, under section 10 or 11 of the **Youth Justice Act 2024**, it is presumed that the child cannot commit the offence that the conduct would constitute.\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":767},{"sectionNumber":"800","sectionType":"section","heading":"Recruiting a child to engage in criminal activity","content":"\t800 Recruiting a child to engage in criminal activity\n\nIn section 321LB(1) of the **Crimes Act 1958** **omit** \"aged 21 years or more\".\n\n","sortOrder":768},{"sectionNumber":"801","sectionType":"section","heading":"Child need not engage in conduct or be prosecuted or found guilty of an offence","content":"\t801 Child need not engage in conduct or be prosecuted or found guilty of an offence\n\nIn section 321LC of the **Crimes Act 1958**, for \"A person\" **substitute** \"An adult\".\n\n","sortOrder":769},{"sectionNumber":"802","sectionType":"section","heading":"Limitation on prosecution","content":"\t802 Limitation on prosecution\n\nIn section 321LD of the **Crimes Act 1958**, for \"A person\" **substitute** \"An adult\".\n\n","sortOrder":770},{"sectionNumber":"803","sectionType":"section","heading":"New section 324AB inserted","content":"\t803 New section 324AB inserted\n\nAfter section 324A of the **Crimes Act 1958 insert**—\n\n\"324AB Complicity with child who may not be criminally responsible\n\n(1) A person who is involved in the commission of an offence in the circumstances described in section 323(1)(a) or (c) may be found guilty of the offence even if—\n\n(a) the conduct that constitutes the offence, or an element of the offence, was committed by a child; and\n\n(b) under section 10 or 11 of the **Youth Justice Act 2024**, it is presumed that the child cannot commit that offence.\n\n(2) A person who is involved in the commission of an offence in the circumstances described in section 323(1)(b) or (d) may be found guilty of the offence even if—\n\n(a) the conduct that constitutes the other offence, or an element of the other offence, was committed by a child; and\n\n(b) under section 10 or 11 of the **Youth Justice Act 2024**, it is presumed that the child cannot commit that other offence.\n\n(3) Nothing in this section affects the application of section 10 or 11 of the **Youth Justice Act 2024** to a child who is involved in the commission of an offence.\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the **Youth Justice Act 2024**.\".\n\nDivision 2—Investigation, fingerprinting and forensic procedures\n\n","sortOrder":771},{"sectionNumber":"804","sectionType":"section","heading":"Questioning or investigation of person already held for another matter","content":"\t804 Questioning or investigation of person already held for another matter\n\nIn section 464B(10) of the **Crimes Act 1958**, for the definition of ***child*** **substitute**—\n\n\"***child***, in relation to a person suspected of having committed an offence, means a person who is under 18 years of age at the time of the suspected commission of the offence but does not include any person who is 19 years of age or over when—\n\n(a) an application is made under this section in respect of the person; or\n\n(b) the person gives informed consent under this section;\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":772},{"sectionNumber":"805","sectionType":"section","heading":"Fingerprinting of children aged 14 or under","content":"\t805 Fingerprinting of children aged 14 or under\n\n(1) For section 464L(1) of the **Crimes Act 1958 substitute**—\n\n\"(1) A police officer must not do any of the following in respect of a child who was under 12 years of age at the time that the child is alleged to have done any act or made any omission which would constitute an offence if the child had been of the age of criminal responsibility—\n\n(a) request the child to give the child's fingerprints;\n\n(b) take fingerprints from the child;\n\n(c) cause any other person to take fingerprints from the child.\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n(2) In section 464L(2) of the **Crimes Act 1958**, for \"aged 10 years or more but under 15 years\" **substitute** \"who is 12 years of age or over but under 15 years of age and\".\n\n(3) In section 464L(3)(e) and (7) of the **Crimes Act 1958**, for \"his or her\" **substitute** \"the child's\".\n\n","sortOrder":773},{"sectionNumber":"806","sectionType":"section","heading":"Children's Court may order fingerprinting","content":"\t806 Children's Court may order fingerprinting\n\n(1) In section 464M(1) of the **Crimes Act 1958**, for \"his or her\" **substitute** \"the child's\".\n\n(2) In section 464M(5) of the **Crimes Act 1958**, for \"aged 10 years or more but under 15 years to give his or her\" **substitute** \"who is 12 years of age or over but under 15 years of age to give the child's\".\n\n(3) In section 464M(10)(a) of the **Crimes Act 1958**, for \"his or her\" **substitute** \"the independent person's\".\n\n","sortOrder":774},{"sectionNumber":"807","sectionType":"section","heading":"Forensic procedure on child","content":"\t807 Forensic procedure on child\n\n(1) For section 464U(1) of the **Crimes Act 1958 substitute**—\n\n\"(1) A police officer must not do any of the following in respect of a child who was under 12 years of age at the time that the child is alleged to have done any act or made any omission which would constitute an offence if the child had been of the age of criminal responsibility—\n\n(a) request the child to undergo a forensic procedure;\n\n(b) conduct a forensic procedure on the child;\n\n(c) request any other person to conduct a compulsory procedure on the child.\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n(2) In section 464U(2) of the **Crimes Act 1958**, for \"aged 10 years or more but under 18 years\" **substitute** \"who is 12 years of age or over but under 18 years of age and\".\n\n(3) In section 464U(7) of the **Crimes Act 1958**, for \"aged 10 years or more but under 18 years\" **substitute** \"who is 12 years of age or over but under 18 years of age\".\n\n(4) In section 464U(7)(f) of the **Crimes Act 1958**, for \"his or her\" **substitute** \"the child's\".\n\n","sortOrder":775},{"sectionNumber":"808","sectionType":"section","heading":"Forensic procedure following the commission of forensic sample offence","content":"\t808 Forensic procedure following the commission of forensic sample offence\n\nIn section 464ZF(1) of the **Crimes Act 1958**, in the definition of ***child***, for \"aged 10 years or more but under 18 years\" **substitute** \"who is 12 years of age or over but under 18 years of age\".\n\n","sortOrder":776},{"sectionNumber":"809","sectionType":"section","heading":"Forensic procedure following finding of not guilty because of mental impairment","content":"\t809 Forensic procedure following finding of not guilty because of mental impairment\n\n(1) In section 464ZFAAA(1) of the **Crimes Act 1958**, in the definition of ***child***, for \"aged 10 years or more but under 18 years\" **substitute** \"who is 12 years of age or over but under 18 years of age\".\n\n(2) In section 464ZFAAA(4)(b) of the **Crimes Act 1958**, for \"his or her\" **substitute** \"the person's\".\n\n(3) In section 464ZFAAA(6) of the **Crimes Act 1958**, for \"his or her\" **substitute** \"the person's\".\n\nDivision 3—Destruction of records\n\n","sortOrder":777},{"sectionNumber":"810","sectionType":"section","heading":"New sections 464ZGFC and 464ZGFD inserted","content":"\t810 New sections 464ZGFC and 464ZGFD inserted\n\nAfter section 464ZGFB of the **Crimes Act 1958 insert**—\n\n\"*Destruction of identifying information for children under 12 years of age*\n\n464ZGFC Destruction of fingerprints for children under 12 years of age\n\n(1) This section applies despite anything to the contrary in this Subdivision.\n\n(2) Subject to subsection (3), within 12 months of the commencement of Part 1.2 of the **Youth Justice Act 2024**, the Chief Commissioner of Police must destroy or cause to be destroyed—\n\n(a) any fingerprint taken from a person under this Subdivision in respect of the commission or alleged commission of an offence by the person when the person was under 12 years of age; and\n\n(b) any record, copy or photograph of that fingerprint.\n\n(3) The Chief Commissioner of Police is not required to destroy or cause to be destroyed a person's fingerprint referred to in subsection (2)(a) or a record, copy or photograph of that fingerprint if the person has died.\n\n(4) If a person's fingerprint and any record, copy or photograph of that fingerprint is required by this section to be destroyed, the Chief Commissioner of Police, on the request of that person, must notify the person in writing as to whether that fingerprint and other information has been destroyed.\n\n(5) Notice under subsection (4) must be given within 14 days after the Chief Commissioner of Police receives the person's request.\n\n(6) A person must not knowingly fail to destroy a fingerprint, or record, copy or photograph of a fingerprint, that is required by this section to be destroyed.\n\n(7) A person must not knowingly use, or cause or permit to be used, or otherwise disseminate information derived from a fingerprint, or record, copy or photograph of a fingerprint, that is required by this section to be destroyed.\n\n(8) An offence against subsection (6) or (7) is a summary offence.\n\n(9) In this section—\n\n***destroy*** includes—\n\n(a) physically destroy; and\n\n(b) permanently de-identify information which identifies the person from whom the fingerprint was taken; and\n\n(c) permanently de-identify information from which the person's identity may be ascertained;\n\n***fingerprints*** includes a fingerscan taken under this Subdivision.\n\n464ZGFD Destruction of samples and other identifying information for children under 12 years of age\n\n(1) This section applies despite anything to the contrary in this Subdivision.\n\n(2) Subject to section 464ZFD(2), within 12 months of the commencement of Part 1.2 of the **Youth Justice Act 2024**, the Chief Commissioner of Police must destroy or cause to be destroyed any of the following taken from a person under this Subdivision in respect of the commission or alleged commission of an offence by the person when the person was under 12 years of age—\n\n(a) any sample taken from the person in a forensic procedure and any related material and information;\n\n(b) any DNA profile sample taken from the person and any related material and information;\n\n(c) any other sample taken from the person and any related material and information.\n\n(3) If a person's sample and any related material and information is required by this section to be destroyed, the Chief Commissioner of Police, on the request of that person, must notify the person in writing as to whether that sample and related material and information has been destroyed.\n\n(4) Notice under subsection (3) must be given within 14 days after the Chief Commissioner of Police receives the person's request.\n\n(5) A person must not knowingly fail to destroy a sample or any related material and information that is required by this section to be destroyed.\n\n(6) A person must not knowingly use, or cause or permit to be used, or otherwise disseminate information derived from a sample or any related material and information that is required by this section to be destroyed, except in good faith for the purposes of section 464ZFD(2).\n\n(7) An offence against subsection (5) or (6) is a summary offence.\".\n\nPart 19.7—Amendment of Criminal Procedure Act 2009\n\n","sortOrder":778},{"sectionNumber":"811","sectionType":"section","heading":"Definitions","content":"\t811 Definitions\n\n(1) In section 3 of the **Criminal Procedure Act 2009 insert** the following definitions—\n\n\"***presumption against criminal responsibility*** means the presumption set out in section 11 of the **Youth Justice Act 2024**;\n\n***publish*** means disseminate or provide access to the public or a section of the public by any means, including by—\n\n(a) publication in a book, newspaper, magazine or other written publication; or\n\n(b) broadcast by radio or television; or\n\n(c) public exhibition; or\n\n(d) broadcast or electronic communication;\n\n***record of reasons*** means a record of reasons prepared for the purposes of section 12(3) of the **Youth Justice Act 2024**;\".\n\n(2) In section 3 of the **Criminal Procedure Act 2009**, in the definition of ***interlocutory decision***, for \"including a decision to grant or refuse to grant a permanent stay of the proceeding\" **substitute** \"including—\n\n(a) a decision to grant or refuse to grant a permanent stay of the proceeding; or\n\n(b) a decision made at a pre-trial hearing that the presumption against criminal responsibility has been rebutted;\".\n\n","sortOrder":779},{"sectionNumber":"812","sectionType":"section","heading":"Commencement of a criminal proceeding in the Magistrates' Court","content":"\t812 Commencement of a criminal proceeding in the Magistrates' Court\n\nFor the note at the foot of section 6(1) of the **Criminal Procedure Act 2009 substitute**—\n\n1 A criminal proceeding against a child is commenced in the same manner in the Children's Court: section 528 of the **Children, Youth and Families Act 2005**.\n\n2 In the case of a criminal proceeding for an alleged offence by a child who was 12 or 13 years of age at the time of the alleged commission of the offence, a record of reasons must be filed with the charge-sheet.\".\n\n","sortOrder":780},{"sectionNumber":"813","sectionType":"section","heading":"Summons or warrant to be accompanied by charge-sheet and notice when served","content":"\t813 Summons or warrant to be accompanied by charge-sheet and notice when served\n\nAfter section 13(a) of the **Criminal Procedure Act 2009 insert**—\n\n\"(ab) in the case of a charge for an offence against a child who was 12 or 13 years of age at the time of the alleged commission of the offence, a copy of the record of reasons for the charge; and\".\n\n","sortOrder":781},{"sectionNumber":"814","sectionType":"section","heading":"Contents of preliminary brief","content":"\t814 Contents of preliminary brief\n\nAfter section 37(1)(a) of the **Criminal Procedure Act 2009 insert**—\n\n\"(ab) if applicable, a copy of the record of reasons; and\".\n\n","sortOrder":782},{"sectionNumber":"815","sectionType":"section","heading":"Contents of full brief","content":"\t815 Contents of full brief\n\nAfter section 41(1)(b) of the **Criminal Procedure Act 2009 insert**—\n\n\"(ba) if applicable, a copy of the record of reasons; and\".\n\n","sortOrder":783},{"sectionNumber":"816","sectionType":"section","heading":"Documents to be provided by police at first mention hearing","content":"\t816 Documents to be provided by police at first mention hearing\n\nAfter section 53A(2)(c)(i) of the **Criminal Procedure Act 2009 insert**—\n\n\"(ia) if applicable, a copy of the record of reasons; and\".\n\n","sortOrder":784},{"sectionNumber":"817","sectionType":"section","heading":"Summary case conference","content":"\t817 Summary case conference\n\nAt the foot of section 54(1)(b) of the **Criminal Procedure Act 2009** **insert** the following—\n\nThe presumption against criminal responsibility arises for an offence allegedly committed by a child when the person was 12 or 13 years of age.\".\n\n","sortOrder":785},{"sectionNumber":"818","sectionType":"section","heading":"Contents of hand-up brief","content":"\t818 Contents of hand-up brief\n\nAfter section 110(b) of the **Criminal Procedure Act 2009 insert**—\n\n\"(ba) if applicable, a copy of the record of reasons; and\".\n\n","sortOrder":786},{"sectionNumber":"819","sectionType":"section","heading":"Contents of plea brief","content":"\t819 Contents of plea brief\n\nAfter section 117(1)(a) of the **Criminal Procedure Act 2009 insert**—\n\n\"(ab) if applicable, a copy of the record of reasons; and\".\n\n","sortOrder":787},{"sectionNumber":"820","sectionType":"section","heading":"Powers of court at directions hearing","content":"\t820 Powers of court at directions hearing\n\n(1) In section 181(2) of the **Criminal Procedure Act 2009**—\n\n(a) in paragraph (b), after \"section 199(1)\" **insert** \"or 206A\";\n\n(b) in paragraph (c), for \"Division 3 or 4\" **substitute** \"Division 3, 4 or 5\".\n\n(2) In the note at the foot of section 181(3) of the **Criminal Procedure Act 2009**, for \"Section 199(1) indicates\" **substitute** \"Sections 199(1) and 206A indicate\".\n\n","sortOrder":788},{"sectionNumber":"821","sectionType":"section","heading":"Court may make orders and other decisions before trial","content":"\t821 Court may make orders and other decisions before trial\n\nAt the foot of section 199(1) of the **Criminal Procedure Act 2009 insert** the following—\n\nFor a pre-trial determination of whether the presumption against criminal responsibility is rebutted, see Division 5.\".\n\n","sortOrder":789},{"sectionNumber":"822","sectionType":"section","heading":"Pre-trial orders and other decisions generally binding on trial judge","content":"\t822 Pre-trial orders and other decisions generally binding on trial judge\n\nAt the end of section 204 of the **Criminal Procedure Act 2009 insert**—\n\n\"(2) This section does not apply to a pre-trial determination of whether the presumption against criminal responsibility is rebutted.\n\nSee section 206E.\".\n\n","sortOrder":790},{"sectionNumber":"823","sectionType":"section","heading":"New Division 5 of Part 5.5 inserted","content":"\t823 New Division 5 of Part 5.5 inserted\n\nAfter Division 4 of Part 5.5 of the **Criminal Procedure Act 2009 insert**—\n\n\"Division 5—Procedure for pre-trial hearing about presumption against criminal responsibility\n\n","sortOrder":791},{"sectionNumber":"206A","sectionType":"section","heading":"Application for pre-trial hearing about presumption against criminal responsibility","content":"206A Application for pre-trial hearing about presumption against criminal responsibility\n\n(1) At any time before trial of an accused for an offence allegedly committed at 12 or 13 years of age, the court may order that the issue of whether the presumption against criminal responsibility is rebutted be determined by a judge alone, without a jury, if—\n\n(a) the offence is an indictable offence under an Act; and\n\n(b) the charge for the offence will not be heard and determined summarily; and\n\n(c) the court is satisfied that the accused has obtained legal advice on the effect of the issue being determined by a judge alone, without a jury, before the trial of the accused; and\n\n(d) the court considers that it is in the interests of justice to determine the issue before the trial of the accused.\n\n(2) The court may make an order under subsection (1) on the application of the accused.\n\n(3) If the accused intends to raise the issue of whether the presumption against criminal responsibility is rebutted before trial, the accused must give notice to the court and the prosecution in accordance with section 200.\n\n(4) In determining whether to make an order under subsection (1), the court is to have regard to the submissions, if any, of the prosecution and the accused.\n\n(5) The court may make an order under subsection (1) whether or not the prosecution consents to the making of the order.\n\n(6) Subsection (1) applies despite sections 181, 183 and 184.\n\n(7) To avoid doubt, this section does not limit the application of section 199(1) in relation to any other issue that the court considers appropriate to hear and decide before a trial.\n\n","sortOrder":792},{"sectionNumber":"206B","sectionType":"section","heading":"Issue to be determined expeditiously","content":"206B Issue to be determined expeditiously\n\nA pre-trial determination of the issue of whether the presumption against criminal responsibility is rebutted must be conducted at the earliest possible opportunity before the arraignment of a person accused of committing an offence at 12 or 13 years of age.\n\n","sortOrder":793},{"sectionNumber":"206C","sectionType":"section","heading":"Conduct of pre-trial hearing about presumption against criminal responsibility","content":"206C Conduct of pre-trial hearing about presumption against criminal responsibility\n\n(1) Despite section 201, if a court is determining the issue of whether the presumption against criminal responsibility is rebutted before the trial of the accused, the court is to conduct an oral hearing to determine the issue.\n\n(2) On the application of the accused, the court may excuse the accused from attending the hearing if—\n\n(a) the accused is a child; and\n\n(b) the court is satisfied that it is in the interests of justice to conduct the hearing without the attendance of the accused.\n\n(3) For the purposes of subsection (2), in determining whether it is in the interests of justice, the court is to have regard to—\n\n(a) the right of an accused to a fair hearing; and\n\n(b) any information from the prosecution and the accused about the nature of any evidence that is proposed to be adduced; and\n\n(c) whether the prosecution consents to the determination of the issue without the attendance of the accused.\n\n","sortOrder":794},{"sectionNumber":"206D","sectionType":"section","heading":"Court to be constituted by the same judge who made pre-trial determination","content":"206D Court to be constituted by the same judge who made pre-trial determination\n\nDespite section 203, as far as practicable, in the trial of a person who is accused of committing an offence at 12 or 13 years of age, the court is to be constituted by the same judge who constitutes the court in the pre-trial hearing of the issue of whether the presumption against criminal responsibility is rebutted.\n\n","sortOrder":795},{"sectionNumber":"206E","sectionType":"section","heading":"Determination at pre-trial hearing as to whether presumption is rebutted","content":"206E Determination at pre-trial hearing as to whether presumption is rebutted\n\n(1) At a pre-trial hearing of the issue of whether the presumption against criminal responsibility is rebutted in respect of a charge for an offence, the court—\n\n(a) may determine that the prosecution has not rebutted the presumption and direct that an entry of not guilty be made on the record in respect of the charge; or\n\n(b) may determine that the prosecution has rebutted the presumption and order that the matter proceed to trial or to the determination of other pre-trial issues (as the case requires).\n\n(2) An entry of not guilty under subsection (1)(a) has the same effect as if it were the verdict of a jury on the trial of the accused on the charge.\n\n(3) A determination under subsection (1)(b) has the same effect as if it had been made after the commencement of the trial of the accused on the charge.\n\n","sortOrder":796},{"sectionNumber":"206F","sectionType":"section","heading":"Judgment in pre-trial hearing of presumption against criminal responsibility","content":"206F Judgment in pre-trial hearing of presumption against criminal responsibility\n\nIn a pre-trial hearing of the issue of whether the presumption against criminal responsibility is rebutted, the reasons for judgment or decision must include—\n\n(a) the principles of law applied by the court; and\n\n(b) the facts on which the court relied.\n\n","sortOrder":797},{"sectionNumber":"206G","sectionType":"section","heading":"Court may make suppression order","content":"206G Court may make suppression order\n\n  (1)  In a pre-trial hearing of the issue of whether the presumption against criminal responsibility is rebutted, the court, if satisfied that it is in the public interest to do so, may order that any of the following must not be published except in the manner and to the extent (if any) specified in the order—\n\n(a) a report of the whole or any part of the hearing;\n\n(b) evidence given in the pre-trial hearing;\n\n(c) the content of any report or other document put before the court in the pre-trial hearing;\n\n(d) information that might enable an accused or any person who has appeared or given evidence in the pre-trial hearing to be identified.\n\n(2) An order under this section may be made—\n\n(a) on the application of a party or on the court's own motion; and\n\n(b) at any time, including at the time an order is made under section 206A(1).\n\n(3) A person must not publish or cause to be published any material in contravention of an order under this section.\n\nPenalty: in the case of an individual, Level 6 imprisonment (5 years maximum);\n\nin the case of a body corporate, 3000 penalty units.\".\n\n","sortOrder":798},{"sectionNumber":"824","sectionType":"section","heading":"Determination of appeal","content":"\t824 Determination of appeal\n\nIn section 300(2) of the **Criminal Procedure Act 2009**, after \"section 295,\" **insert** \"other than an appeal against a determination that the presumption against criminal responsibility is rebutted,\".\n\n","sortOrder":799},{"sectionNumber":"825","sectionType":"section","heading":"New section 300A inserted","content":"\t825 New section 300A inserted\n\nAfter section 300 of the **Criminal Procedure Act 2009 insert**—\n\n\"300A Determination of appeal—interlocutory decision on presumption against criminal responsibility\n\n(1) This section applies to an appeal under section 295 against an interlocutory decision that the presumption against criminal responsibility has been rebutted in respect of a charge for an offence allegedly committed by a person at 12 or 13 years of age.\n\n(2) The appeal is to be determined on the evidence, if any, given in the proceeding to which the appeal relates, unless the Court of Appeal gives leave to adduce additional evidence.\n\n(3) Despite section 300(2), the Court of Appeal—\n\n(a) may affirm the decision that the presumption against criminal responsibility is rebutted; or\n\n(b) may set aside the decision and enter a judgment of acquittal of the relevant offence.\n\n(4) On affirming a decision that the presumption against criminal responsibility is rebutted, the Court of Appeal may order that the matter proceed to trial or to the determination of other pre-trial issues (as the case requires).\n\n(5) A judgment of acquittal of the relevant offence under subsection (3)(b)—\n\n(a) has the same effect as if it were a verdict of not guilty by the jury on the trial of the accused for the charge for the offence; and\n\n(b) is to be entered on the record of the court that made the decision as a decision of not guilty.\".\n\n","sortOrder":800},{"sectionNumber":"826","sectionType":"section","heading":"Meaning of fresh and compelling evidence","content":"\t826 Meaning of fresh and compelling evidence\n\nAfter section 327C(2) of the **Criminal Procedure Act 2009 insert**—\n\n  \"(3) To avoid doubt, a reference in this Chapter to evidence relating to an offence includes a reference to evidence relating to the issue of whether the presumption against criminal responsibility is rebutted in respect of the offence.\".\n\nPart 19.8—Amendment of Family Violence Protection Act 2008\n\n","sortOrder":801},{"sectionNumber":"827","sectionType":"section","heading":"Contravention of family violence intervention order","content":"\t827 Contravention of family violence intervention order\n\nAt the foot of section 123(2) of the **Family Violence Protection Act 2008** **insert**—\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":802},{"sectionNumber":"828","sectionType":"section","heading":"Contravention of order intending to cause harm or fear for safety","content":"\t828 Contravention of order intending to cause harm or fear for safety\n\n(1) In section 123A(2) of the **Family Violence Protection Act 2008**—\n\n(a) in paragraph (b), for \"him or her\" **substitute** \"the person\";\n\n(b) for \"his or her\" (where first occurring) **substitute** \"the person's\";\n\n(c) in paragraph (d), for \"his or her\" **substitute** \"the protected person's\".\n\n(2) At the foot of section 123A(2) of the **Family Violence Protection Act 2008 insert**—\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":803},{"sectionNumber":"829","sectionType":"section","heading":"Persistent contravention of notices and orders","content":"\t829 Persistent contravention of notices and orders\n\n(1) At the foot of section 125A(1) of the **Family Violence Protection Act 2008 insert**—\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n(2) In section 125A(4) of the **Family Violence Protection Act 2008**—\n\n(a) for \"he or she\" (where twice occurring) **substitute** \"the accused\";\n\n(b) for \"him or her\" **substitute** \"the accused\".\n\nPart 19.9—Amendment of Fines Reform Act 2014\n\n","sortOrder":804},{"sectionNumber":"830","sectionType":"section","heading":"Definitions","content":"\t830 Definitions\n\nIn section 3 of the **Fines Reform Act 2014**, for the definition of ***child* substitute**—\n\n\"***child*** means a person who is under 18 years of age at the time of the alleged commission of an infringement offence but does not include any person who is 19 years of age or over when—\n\n(a) an infringement penalty is registered under section 16; or\n\n(b) an application is made under clause 3 of Schedule 3 to the **Children, Youth and Families Act 2005** for the registration of an infringement penalty in respect of the person;\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":805},{"sectionNumber":"831","sectionType":"section","heading":"New section 201C inserted","content":"\t831 New section 201C inserted\n\nAfter section 201B of the **Fines Reform Act 2014** **insert**—\n\n\"201C Transitional provision—Youth Justice Act 2024\n\n(1) An enforcement agency must not register an infringement penalty with the Director against a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.\n\n(2) The Director must not enforce an infringement penalty registered in respect of a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.\n\n(3) Subsection (4) applies to a proceeding under Schedule 3 of the **Children, Youth and Families Act 2005** for an infringement offence if—\n\n(a) before the commencement day, an enforcement agency commenced a proceeding under Division 3 of Part 3 of this Act; and\n\n(b) the infringement offence relates to conduct allegedly engaged in by a child when the child was 10 or 11 years of age; and\n\n(c) immediately before the commencement day, the proceeding has not been determined.\n\n(4) If this subsection applies to a proceeding, on the commencement day—\n\n(a) the enforcement agency must discontinue the proceeding; and\n\n(b) the child is, by virtue of this subsection, taken to be not guilty of the alleged infringement offence; and\n\n(c) the infringement notice must be withdrawn; and\n\n(d) the child is unconditionally released from any obligation to pay the infringement penalty and any related fee.\n\n***commencement day*** means the day on which Part 19.9 of the **Youth Justice Act 2024** comes into operation.\".\n\nPart 19.10—Amendment of Independent Broad-based Anti-corruption Commission Act 2011\n\n","sortOrder":806},{"sectionNumber":"832","sectionType":"section","heading":"Disclosure or provision of information by the IBAC","content":"\t832 Disclosure or provision of information by the IBAC\n\nAfter section 41(1)(e) of the **Independent Broad‑based Anti-corruption Commission Act 2011 insert**—\n\n\"(ea) the Commission for Children and Young People established under section 6 of the **Commission for Children and Young People Act 2012**;\".\n\nPart 19.11—Amendment of Infringements Act 2006\n\n","sortOrder":807},{"sectionNumber":"833","sectionType":"section","heading":"Definitions","content":"\t833 Definitions\n\nIn section 3(1) of the **Infringements Act 2006**, for the definition of ***child*** **substitute**—\n\n\"***child*** means a person who is under 18 years of age at the time of the alleged commission of an infringement offence but does not include any person who is 19 years of age or over when—\n\n(a) an infringement penalty is registered under section 16 of the **Fines Reform Act 2014**; or\n\n(b) an application is made under clause 3 of Schedule 3 to the **Children, Youth and Families Act 2005** for the registration of an infringement penalty in respect of the person;\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":808},{"sectionNumber":"834","sectionType":"section","heading":"New Division 4 of Part 16 inserted","content":"\t834 New Division 4 of Part 16 inserted\n\nAfter Division 3 of Part 16 of the **Infringements Act 2006** **insert**—\n\n\"Division 4—Youth Justice Act 2024\n\n218 Definition of *commencement day*\n\nIn this Division—\n\n***commencement day*** means the day on which Part 19.11 of the **Youth Justice Act 2024** comes into operation.\n\n219 Child cannot be held criminally responsible for infringement offence at 10 or 11 years of age\n\n(1) A child cannot be held criminally responsible for any conduct that constitutes an infringement offence that is alleged to have occurred when the child was 10 or 11 years of age, irrespective of whether the conduct is alleged to have occurred before, on or after the commencement day.\n\n(2) An issuing officer must not serve an infringement notice on a child for an infringement offence allegedly committed by the child when the child was 10 or 11 years of age, irrespective of whether the infringement offence is alleged to have been committed before, on or after the commencement day.\n\n220 Child to be released from obligation to pay an infringement penalty\n\n(1) If an infringement notice has been served on a child for conduct that is alleged to have occurred when the child was 10 or 11 years of age and immediately before the commencement day, the infringement penalty stated in the infringement notice has not been fully paid, on the commencement day—\n\n(a) the child is, by virtue of this section, taken not to have committed the alleged infringement offence; and\n\n(b) the enforcement agency must withdraw the infringement notice; and\n\n(c) the infringement penalty must be removed from any payment plan arranged under Part 3 for the payment of the infringement penalty; and\n\n(d) the child must be unconditionally released from any obligation to pay the infringement penalty and any fee related to the infringement penalty.\n\n(2) If an infringement notice is taken to be withdrawn under subsection (1) and part of the infringement penalty and fee (if any) has been paid under a payment plan arranged under Part 3, the amount paid under the payment plan in respect of the penalty and fee (if any) must be refunded and either—\n\n(a) if the penalty and fee (if any) have been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, to be appropriated accordingly; or\n\n(b) if the penalty and fee (if any) have been paid into another fund or account, the penalty and fee (if any) are to be refunded from that fund or account.\n\n221 Proceeding in Children's Court to be discontinued\n\n(1) This section applies to a proceeding commenced under Schedule 3 of the **Children, Youth and Families Act 2005** in relation to an infringement offence if—\n\n(a) before the commencement day, a child elected under Division 7 of Part 2 of this Act to have the matter heard and determined in Children's Court; and\n\n(b) the infringement offence relates to conduct allegedly engaged in by the child when the child was 10 or 11 years of age; and\n\n(c) immediately before the commencement day, the proceeding has not been determined.\n\n(2) If this section applies to a proceeding, on the commencement day—\n\n(a) the enforcement agency must discontinue the proceeding; and\n\n(b) the child is, by virtue of this section, taken to be not guilty of the alleged infringement offence; and\n\n(c) the infringement notice must be withdrawn; and\n\n(d) the child is unconditionally released from any obligation to pay the infringement penalty and any related fee.\".\n\nPart 19.12—Amendment of Jury Directions Act 2015\n\n","sortOrder":809},{"sectionNumber":"835","sectionType":"section","heading":"Application of Act to criminal proceedings without juries","content":"\t835 Application of Act to criminal proceedings without juries\n\nAfter section 4A(1)(a) of the **Jury Directions Act 2015** **insert**—\n\n\"(ab) a pre-trial hearing under Division 5 of Part 5.5 of the **Criminal Procedure Act 2009**; and\".\n\nPart 19.13—Amendment of Open Courts Act 2013\n\n","sortOrder":810},{"sectionNumber":"836","sectionType":"section","heading":"Other laws restricting or prohibiting publication not affected","content":"\t836 Other laws restricting or prohibiting publication not affected\n\nAfter section 8(2)(d) of the **Open Courts Act 2013 insert**—\n\n\"(da) section 206G of the **Criminal Procedure Act 2009**;\".\n\nPart 19.14—Amendment of Personal Safety Intervention Orders Act 2010\n\n","sortOrder":811},{"sectionNumber":"837","sectionType":"section","heading":"Section 18 amended","content":"\t837 Section 18 amended\n\n(1) In the heading to section 18 of the **Personal Safety Intervention Orders Act 2010**, for \"**aged under 10 years**\" **substitute** \"**under 12 years of age**\".\n\n(2) In section 18 of the **Personal Safety Intervention Orders Act 2010**—\n\n(a) for \"who, at the date of making the application, is aged under 10 years\" **substitute** \"who is under 12 years of age on the date that the application is made\";\n\n(b) in paragraph (a), for \"aged under 10 years\" **substitute** \"under 12 years of age on the date of the making of the application\".\n\n","sortOrder":812},{"sectionNumber":"838","sectionType":"section","heading":"Division 4—Justice Legislation Miscellaneous Amendment Act 2018—statute law revision","content":"\t838 Division 4—Justice Legislation Miscellaneous Amendment Act 2018—statute law revision\n\n(1) In the heading to Division 4 (where secondly occurring) of Part 13 of the **Personal Safety Intervention Orders Act 2010**, for \"**Division 4**\" **substitute** \"**Division 5**\".\n\n(2) In section 198 (where secondly occurring) of the **Personal Safety Intervention Orders Act 2010**, for \"**198**\" **substitute** \"**199**\".\n\n","sortOrder":813},{"sectionNumber":"839","sectionType":"section","heading":"New Division 6 of Part 13 inserted","content":"\t839 New Division 6 of Part 13 inserted\n\nAfter section 198 (where secondly occurring) of the **Personal Safety Intervention Orders Act 2010 insert**—\n\n\"Division 6—Youth Justice Act 2024\n\n200 Transitional provision—Youth Justice Act 2024—increase in minimum age of criminal responsibility\n\n(1) If, immediately before the commencement of Part 1.2 of the **Youth Justice Act 2024**, a personal safety intervention order is in force against a respondent who was 10 or 11 years of age on the date that the application for the order was made, the order is, by virtue of this section, taken to be set aside on the commencement of that Part.\n\n***Personal safety intervention order*** includes a final order and an interim order—see section 4.\n\n(2) To avoid doubt, if a personal safety intervention order is taken to be set aside under this section, the respondent is released from any obligation to comply with the conditions of the order.\n\n201 Transitional provision—Youth Justice Act 2024—dismissal of application\n\n(1) If an application to make, vary, revoke or extend a personal safety intervention order has been made against a child who was 10 or 11 years of age on the date of the making of the application, and that application has not been finally determined immediately before the commencement of Part 1.2 of the **Youth Justice Act 2024**, on the commencement of that Part—\n\n(a) the court must dismiss the application; and\n\n(b) any direction given under section 26(1) requiring the child and any other party to the application to attend a mediation assessment or mediation is of no effect; and\n\n(c) any order made under section 53(1) for the Secretary to provide an assessment report in respect of the child is, by virtue of this section, taken to be set aside.\n\n(2) As soon as reasonably practicable after an application has been dismissed under subsection (1), the court must notify the child and any other party to the application of the dismissal of that application.\n\n(3) Notice under subsection (2) must be given no later than the date on which the application was listed for its next hearing.\n\n","sortOrder":814},{"sectionNumber":"202","sectionType":"section","heading":"Transitional provision—Youth Justice Act 2024—power to resolve transitional difficulties in proceeding","content":"202 Transitional provision—Youth Justice Act 2024—power to resolve transitional difficulties in proceeding\n\n(1) A court may make any order it considers appropriate to resolve a difficulty in a proceeding that arises because of the operation of this Division, including any difficulty that arises as a consequence of the dismissal of an application or the setting aside of a personal safety intervention order.\n\n(2) An order under subsection (1)—\n\n(a) may be made on application of a party to the proceeding or on the court's own initiative; and\n\n(b) has effect despite any provision to the contrary made by or under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\n(3) This section is **repealed** on the fifth anniversary of the day on which it comes into operation.\".\n\nPart 19.15—Amendment of Sentencing Act 1991\n\n","sortOrder":815},{"sectionNumber":"840","sectionType":"section","heading":"Factors to be considered in determining offender's character","content":"\t840 Factors to be considered in determining offender's character\n\nAt the foot of section 6 of the **Sentencing Act 1991 insert** the following note—\n\nA court must not use an offender's spent childhood conviction (within the meaning of the **Spent Convictions Act 2021**), or information about the conduct to which an offender's spent childhood conviction relates, for the purpose of assessing the character of the offender in a way that is adverse to the offender—see section 24C of that Act.\".\n\nPart 19.16—Amendment of Spent Convictions Act 2021\n\n","sortOrder":816},{"sectionNumber":"841","sectionType":"section","heading":"Definitions","content":"\t841 Definitions\n\n(1) In section 3 of the **Spent Convictions Act 2021 insert** the following definitions—\n\n\"***Court Services Victoria***  has the same meaning as in section 3 of the **Court Services Victoria Act 2014**;\n\n***member of the staff***,  of Court Services Victoria,  has the same meaning as in section 3 of the **Court Services Victoria Act 2014**;\n\n***spent childhood conviction*** means a conviction imposed on a person at 10 or 11 years of age and spent with immediate effect because of the application of section 7(1)(c);\n\n***Victorian court*** means any of the following—\n\n(a) the Supreme Court;\n\n(b) the County Court;\n\n(c) the Magistrates' Court;\n\n(d) the Children's Court;\n\n(e) the Coroners Court;\n\n***Victorian law enforcement agency*** means any of the following—\n\n(a) Victoria Police;\n\n(b) the Adult Parole Board established under section 61 of the **Corrections Act 1986**;\n\n(c) the Chief Examiner and Examiners appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004**;\n\n(d) the Commissioner employed under section 8A of the **Corrections Act 1986**;\n\n(e) a contractor within the meaning of the **Corrections Act 1986**, or a subcontractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred by or under that Act;\n\n(f) the Director, Fines Victoria employed in accordance with section 4 of the **Fines Reform Act 2014**;\n\n(g) the Independent Broad-based Anti-corruption Commission established under section 12 of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\n(h) the Post Sentence Authority continued in existence under section 290 of the **Serious Offenders Act 2018**;\n\n(i) the Secretary to the Department of Justice and Community Safety;\n\n(j) the Secretary to the Department of Transport and Planning;\n\n(k) the sheriff within the meaning of the **Sheriff Act 2009**;\n\n(l) the Victorian Inspectorate established under section 8 of the **Victorian Inspectorate Act 2011**;\n\n(m) the Youth Parole Board within the meaning of the **Children, Youth and Families Act 2005**;\n\n(n) a Victorian agency responsible for the performance of functions or activities directed to any law enforcement function;\n\n(o) a Victorian agency responsible for the execution or implementation of an order or decision made by a Victorian court or Victorian tribunal;\n\n(p) a Victorian agency that provides correctional services;\n\n(q) a Victorian agency responsible for the protection of the public revenue under a law administered by the agency;\n\n(r) a prescribed person or body;\n\n***Victorian tribunal*** means—\n\n(a) VCAT;\n\n(b) the Victims of Crime Assistance Tribunal established by Part 3 of the **Victims of Crime Assistance Act 1996**;\n\n(c) the Mental Health Tribunal established under section 330 of the **Mental Health and Wellbeing Act 2022**;\".\n\n(2) In section 3(1) of the **Spent Convictions Act 2021**, for the definition of ***law enforcement agency*** **substitute**—\n\n\"***law enforcement agency*** means any of the following—\n\n(a) a Victorian law enforcement agency;\n\n(b) the Australian Federal Police;\n\n(c) the police force or police service of another State or a Territory;\n\n(d) the Australian Criminal Intelligence Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;\n\n(e) a commission established under an interstate law with the function of investigating matters relating to criminal activity generally or of a specified class or classes;\n\n(f) a Commonwealth or interstate agency responsible for the performance of functions or activities directed to any law enforcement function;\n\n(g) a Commonwealth or interstate agency responsible for the execution or implementation of an order or decision made by a court or tribunal;\n\n(h) a Commonwealth or interstate agency that provides correctional services;\n\n(i) a Commonwealth or interstate agency responsible for the protection of the public revenue under a law administered by the agency;\n\n(j) a prescribed person or body;\".\n\n","sortOrder":817},{"sectionNumber":"842","sectionType":"section","heading":"Use of criminal record information by law enforcement agencies, courts and tribunals","content":"\t842 Use of criminal record information by law enforcement agencies, courts and tribunals\n\nIn section 21(1)(c)(v) of the **Spent Convictions Act 2021**, before \"a Department\" **insert** \"the Secretary of\".\n\n","sortOrder":818},{"sectionNumber":"843","sectionType":"section","heading":"Collection, use and disclosure of criminal record information by Court Services Victoria","content":"\t843 Collection, use and disclosure of criminal record information by Court Services Victoria\n\nFor section 22A(2)(a) of the **Spent Convictions Act 2021 substitute**—\n\n\"(a) a member of the staff or a contractor of Court Services Victoria; and\".\n\n","sortOrder":819},{"sectionNumber":"844","sectionType":"section","heading":"New Part 4A inserted","content":"\t844 New Part 4A inserted\n\nAfter Part 4 of the **Spent Convictions Act 2021 insert**—\n\n\"Part 4A—Spent childhood convictions\n\n","sortOrder":820},{"sectionNumber":"24A","sectionType":"section","heading":"Disclosure of spent childhood conviction","content":"24A Disclosure of spent childhood conviction\n\n(1) Subject to subsection (4), a specified person or body who is disclosing a spent conviction or information relating to a spent conviction must, before making the disclosure, take reasonable steps to determine if the spent conviction is a spent childhood conviction.\n\n(2) Subject to subsection (4), a specified person or body who determines that they are disclosing a spent childhood conviction or information relating to a spent childhood conviction must, at the time of the disclosure, give notice of that fact to the person or body to whom the disclosure is being made.\n\n(3) Notice given under subsection (2) must be in the prescribed form and contain the prescribed particulars.\n\n(4) Subsections (1) and (2) do not apply to any of the following disclosures under Part 3—\n\n(a) disclosure to a law enforcement agency that is not a Victorian law enforcement agency;\n\n(b) disclosure to a court or tribunal that is not a Victorian court or Victorian tribunal;\n\n(c) disclosure to a person or body under section 21(1)(c), (3) or (3A), 22A, 22B, 22C, 22D or 22E;\n\n(d) disclosure to a person or body under section 22, if the disclosure is made by—\n\n(i) a child wellbeing information sharing entity or restricted information sharing entity for a purpose under the **Child Wellbeing and Safety Act 2005**; or\n\n(ii) a family violence information sharing entity for a purpose under the **Family Violence Protection Act 2008**;\n\n(e) disclosure to a person or body for the purpose of performing a function or duty imposed by, or exercising a power conferred under, the **Children, Youth and Families Act 2005** in relation to a child who is or may be—\n\n(i) a child in need of protection within the meaning of section 162 of that Act; or\n\n(ii) a child in need of therapeutic treatment within the meaning of section 244 of that Act;\n\n(f) disclosure to any of the following—\n\n(i) a public body of another State or Territory that corresponds to the Department of Government Services;\n\n(ii) the Australian Health Practitioner Regulation Agency;\n\n(iii) the Registrar of Marriage Celebrants;\n\n(iv) the Registrar or Ministers of Religion;\n\n(v) the Secretary to the Department of Home Affairs of the Commonwealth;\n\n(vi) the Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth;\n\n(g) disclosure to a prescribed person or body for a prescribed purpose.\n\n(5) To avoid doubt, this section does not apply to a disclosure by a Victorian court or a Victorian tribunal.\n\n(6) In this section—\n\n***specified person or body*** means any of the following—\n\n(a) a Victorian law enforcement agency or a contractor, employee or member of a Victorian law enforcement agency;\n\n(b) a person or body specified in column 1 of the Table at the foot of section 22, other than the following—\n\n(i) the Commission for Children and Young People;\n\n(ii) Court Services Victoria;\n\n(iii) a public body of another State or Territory that corresponds to the Department of Government Services;\n\n(iv) the Australian Health Practitioner Regulation Agency;\n\n(v) the Registrar of Marriage Celebrants;\n\n(vi) the Registrar or Ministers of Religion;\n\n(vii) the Secretary to the Department of Home Affairs of the Commonwealth;\n\n(viii) the Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth;\n\n(c) a prescribed person or body.\n\n","sortOrder":821},{"sectionNumber":"24B","sectionType":"section","heading":"Restriction on use of spent childhood conviction for law enforcement function","content":"24B Restriction on use of spent childhood conviction for law enforcement function\n\n(1) Subject to subsection (2), a Victorian law enforcement agency, or any contractor, employee or member of a Victorian law enforcement agency, must not use a person's spent childhood conviction or information relating to a spent childhood conviction for the purpose of performing a law enforcement function in relation to the person.\n\n(2) Subsection (1) does not apply to the use of a spent childhood conviction or related information by any of the following—\n\n(a) a person or body performing a function or duty imposed by, or exercising a power conferred under, the **Children, Youth and Families Act 2005** in relation to the protection or therapeutic treatment of a child, including any of the following—\n\n(i) making an application under Chapter 4 of that Act;\n\n(ii) preparing a report under Chapter 4 or Part 7.8 of that Act;\n\n(b) a person or body performing a function or duty imposed by, or exercising a power conferred under, the **Child Wellbeing and Safety Act 2005**;\n\n(c) a person or body performing a function or duty imposed by, or exercising a power conferred under, the **Family Violence Protection Act 2008**;\n\n(d) any of the following persons in the performance or exercise of an administrative function or power of a Victorian court or Victorian tribunal—\n\n(i) an employee or member of the staff of the Victorian court or a Victorian tribunal;\n\n(ii) a member of the staff or a contractor of Court Services Victoria;\n\n(e) a prescribed person or body using the information for a prescribed purpose.\n\n","sortOrder":822},{"sectionNumber":"24C","sectionType":"section","heading":"Restriction on use of spent childhood conviction in civil or criminal proceeding","content":"24C Restriction on use of spent childhood conviction in civil or criminal proceeding\n\n(1) Subject to subsection (2), in a civil or criminal proceeding, a Victorian court or a Victorian tribunal must not use a party's spent childhood conviction, or information about the conduct to which a party's spent childhood conviction relates, for the purposes of assessing the party's character in a way that is adverse to the party.\n\n(2) Subsection (1) does not apply to the use of a spent childhood conviction or related information for any of the following purposes—\n\n(a) performing a function or duty imposed by, or exercising a power conferred under, the **Children, Youth and Families Act 2005** in relation to the protection or therapeutic treatment of a child, including any of the following—\n\n(i) conducting a proceeding under Chapter 4 of that Act;\n\n(ii) making an order under Chapter 4 of that Act;\n\n(iii) referring a matter for investigation under Division 2 of Part 5.2 of that Act;\n\n(b) performing a function or duty imposed by, or exercising a power conferred under, the **Family Violence Protection Act 2008**;\n\n(c) performing a function or duty imposed by, or exercising a power conferred under, the **Child Wellbeing and Safety Act 2005**;\n\n(d) a prescribed purpose.\n\n","sortOrder":823},{"sectionNumber":"24D","sectionType":"section","heading":"Restriction on use of spent childhood conviction for other purposes","content":"24D Restriction on use of spent childhood conviction for other purposes\n\n(1) Subject to subsection (3), a person or body must not use a spent childhood conviction or information relating to a spent childhood conviction for any of the following purposes—\n\n(a) to refuse, revoke, suspend or terminate the accreditation, clearance, employment, licence or registration of the person who is the subject of the spent childhood conviction;\n\n(b) to refuse, revoke, suspend or terminate any appointment, privilege or status of the person who is the subject of the spent childhood conviction.\n\n(2) In the application to a person of an Act, subordinate instrument or agreement for the purposes of exercising a power described in subsection (1)(a) or (b)—\n\n(a) a reference to a conviction, however expressed, is to be taken not to refer to a spent childhood conviction; and\n\n(b) a reference to a person's character or fitness, however expressed, is not to be taken as allowing or requiring account to be taken of a spent childhood conviction.\n\n(3) Subsection (1) does not apply to the use of a spent childhood conviction or related information by—\n\n(a) any of the following persons or bodies in performing a function or duty imposed by, or exercising a power conferred under, the **Child Wellbeing and Safety Act 2005**—\n\n(i) a child wellbeing information sharing entity;\n\n(ii) a restricted information sharing entity;\n\n(iii) a Child Link user;\n\n(b) a person who is disclosed information under section 41Y of the **Child Wellbeing and Safety Act 2005**, if the use of the spent childhood conviction or related information is for the purposes of managing a risk to a child's safety;\n\n(c) any of the following persons or bodies in performing a function or duty imposed by, or exercising a power conferred under, the **Family Violence Protection Act 2008**—\n\n(i) a family violence information sharing entity;\n\n(ii) the Central Information Point;\n\n(iii) an authorised Hub entity;\n\n(d) a person who is disclosed information under section 144M of the **Family Violence Protection Act 2008**, if the use of the spent childhood conviction or related information is for a family violence protection purpose within the meaning of that Act;\n\n(e) any of the following persons in the performance or exercise of an administrative function or power of a Victorian court or Victorian tribunal—\n\n(i) an employee or member of the staff of the Victorian court or a Victorian tribunal;\n\n(ii) a member of the staff or a contractor of Court Services Victoria;\n\n(f) the Commission for Children and Young People;\n\n(g) a law enforcement agency that is not a Victorian law enforcement agency or an employee, contractor or member of a law enforcement agency that is not a Victorian law enforcement agency;\n\n(h) a court or tribunal that is not a Victorian court or a Victorian tribunal;\n\n(i) a public body of another State or a Territory or the Commonwealth;\n\n(j) a prescribed person or body for a prescribed purpose.\n\n","sortOrder":824},{"sectionNumber":"24E","sectionType":"section","heading":"Offence to contravene spent childhood conviction safeguards","content":"24E Offence to contravene spent childhood conviction safeguards\n\n(1) A person must not use a spent childhood conviction or information relating to a spent childhood conviction in a particular manner if—\n\n(a) the use of the spent childhood conviction or related information in that manner contravenes section 24B or 24D; and\n\n(b) the person knows that the use of the spent childhood conviction or related information in that manner contravenes section 24B or 24D.\n\n(2) Subsection (1) does not apply to any of the following—\n\n(a) a Victorian court in any proceeding;\n\nThis includes a committal proceeding.\n\n(b) a Victorian tribunal in any proceeding;\n\n(c) any person acting judicially.\".\n\n","sortOrder":825},{"sectionNumber":"845","sectionType":"section","heading":"Regulations","content":"\t845 Regulations\n\nAfter section 26(1)(eb) of the **Spent Convictions Act 2021 insert**—\n\n\"(ec) a person or body as a law enforcement agency; and\n\n(ed) a person or body as a Victorian law enforcement agency; and\n\n(ee) the form and content of a notice of disclosure of a spent childhood conviction; and\n\n(ef) persons and bodies who are excepted from restrictions on the use of a spent childhood conviction or information relating to a spent childhood conviction; and\n\n(eg) the purpose for which a prescribed person or prescribed body is excepted from a restriction on the use of a spent childhood conviction or information relating to a spent childhood conviction; and\".\n\nPt 19.16A (Heading and s. 845A) inserted by No. 8/2025 s. 17(1).\n\nPart 19.16A—Amendment of Summary Offences Act 1966\n\nS. 845A inserted by No. 8/2025 s. 17(1).\n\n","sortOrder":826},{"sectionNumber":"845A","sectionType":"section","heading":"Contravening certain conduct conditions of bail undertakings","content":"\t845A Contravening certain conduct conditions of bail undertakings\n\nIn section 49F(4) of the **Summary Offences Act 1966**, in the definition of ***child***, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\nPart 19.17—Amendment of Victims' Charter Act 2006\n\n","sortOrder":827},{"sectionNumber":"846","sectionType":"section","heading":"Definition of *person adversely affected by crime*","content":"\t846 Definition of *person adversely affected by crime*\n\nIn section 3(1) of the **Victims' Charter Act 2006**, in the definition of ***person adversely affected by crime***—\n\n\"(ab) a natural person who has suffered injury as a direct result of conduct, whether or not that injury was reasonably foreseeable by the person who engaged in the conduct, if the conduct—\n\n(ii) if engaged in by a person who is 14 years of age or over, would constitute a criminal offence; or\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the **Youth Justice Act 2024**.\";\n\n(b) in paragraph (b), for \"a person referred to in paragraph (a)\" **substitute** \"an affected person referred to in paragraph (a) or (ab)\";\n\n(c) in paragraph (c), after \"criminal offence\" **insert** \"or conduct described in paragraph (ab)\".\n\n","sortOrder":828},{"sectionNumber":"847","sectionType":"section","heading":"Definition of *victim*","content":"\t847 Definition of *victim*\n\nIn section 3(1) of the **Victims' Charter Act 2006**, in the definition of ***victim***—\n\n\"(ab) a natural person who has suffered injury as a direct result of conduct, whether or not that injury was reasonably foreseeable by the person who engaged in the conduct, if the conduct—\n\n(ii) if engaged in by a person who is 14 years of age or over, would constitute a criminal offence; or\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the **Youth Justice Act 2024**.\";\n\n(b) after paragraph (b) **insert**—\n\n\"(ba) if a person has died as a direct result of conduct described in paragraph (ab), a family member of the deceased person; or\";\n\n(c) for paragraph (c) **substitute**—\n\n\"(c) a family member of a victim referred to in paragraph (a) or (ab), if the victim is—\n\n(i) under 18 years of age; or\n\n(ii) incapable of managing their own affairs because of mental impairment; or\".\n\n","sortOrder":829},{"sectionNumber":"848","sectionType":"section","heading":"Objects","content":"\t848 Objects\n\n(1) After section 4(1)(a) of the **Victims' Charter Act 2006** **insert**—\n\n\"(ab) to recognise the impact of conduct on the victims of that conduct, including the impact on victims' family members, witnesses to the conduct and in some cases, the broader community, if the conduct—\n\n(ii) if engaged in by a person who is 14 years of age or over, would constitute a criminal offence;\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the **Youth Justice Act 2024**.\".\n\n(2) In section 4(1)(b) of the **Victims' Charter Act 2006**, after \"offence\" **insert** \"or conduct described in paragraph (ab)\".\n\n","sortOrder":830},{"sectionNumber":"849","sectionType":"section","heading":"Nomination of representatives","content":"\t849 Nomination of representatives\n\n(1) In section 5(1) of the **Victims' Charter Act 2006**, for \"his or her\" **substitute** \"the victim's\".\n\n(2) For section 5(2) of the **Victims' Charter Act 2006** **substitute**—\n\n\"(2) The family members of a person may nominate one or more family members to be the representative of the family for the purposes of this Act, if the person has more than one family member and that person has died or suffered injury as a direct result of—\n\n(a) a criminal offence committed against the person; or\n\n(b) conduct that—\n\n(ii) if engaged in by a person who is 14 years of age or over, would constitute a criminal offence.\n\n1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\n\n2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":831},{"sectionNumber":"850","sectionType":"section","heading":"Victims' privacy","content":"\t850 Victims' privacy\n\nIn section 14 of the **Victims' Charter Act 2006**, for \"his or her\" **substitute** \"the victim's\".\n\n","sortOrder":832},{"sectionNumber":"851","sectionType":"section","heading":"Information regarding complaints process for persons adversely affected by crime","content":"\t851 Information regarding complaints process for persons adversely affected by crime\n\nIn section 19 of the **Victims' Charter Act 2006**, for \"he or she\" **substitute** \"the person\".\n\nPart 19.18—Amendment of Youth Justice Act 2024\n\n","sortOrder":833},{"sectionNumber":"852","sectionType":"section","heading":"Definitions","content":"\t852 Definitions\n\nIn section 67 of the **Youth Justice Act 2024**—\n\n\"***Integrity Oversight Victoria*** has the same meaning as in the **Integrity Oversight** **Victoria Act 2011**;\";\n\n(b) in the definition of ***transport power report***, for \"section 85(1);\" **substitute** \"section 85(1).\";\n\n(c) the definition of ***Victorian Inspectorate*** is **repealed**.\n\n","sortOrder":834},{"sectionNumber":"853","sectionType":"section","heading":"Commission for Children and Young People not to prejudice legal proceedings or investigations","content":"\t853 Commission for Children and Young People not to prejudice legal proceedings or investigations\n\nIn section 91(1) and (2) of the **Youth Justice Act 2024**, for \"the Victorian Inspectorate\" **substitute** \"Integrity Oversight Victoria\".\n\nPart 19.19—Repeal of amending Parts\n\n","sortOrder":835},{"sectionNumber":"854","sectionType":"section","heading":"Repeal of amending Parts","content":"\t854 Repeal of amending Parts\n\nParts 19.2, 19.3, 19.4, 19.5, 19.6, 19.7, 19.8, 19.9, 19.10, 19.11, 19.12, 19.13, 19.14, 19.15, 19.16, 19.17, 19.18 and this Part are **repealed** on 30 September 2026.\n\nThe repeal of these Parts does not affect the continuing operation of the amendments made by these Parts (see section 15(1) of the **Interpretation of Legislation Act 1984**).\n\nChapter 20—Additional amendments to the Children, Youth and Families Act 2005\n\nPart 20.1—Additional amendments to the Children, Youth and Families Act 2005\n\n\t855 New sections 347B and 347C inserted\n\nAfter section 347A of the **Children, Youth and Families Act 2005 insert**—\n\n\"347B Statements by child participating in treatment or rehabilitation program not admissible in proceedings\n\n(1) Any statement, confession, admission or information that is made or given by a child for the purposes of assessment for a treatment or rehabilitation program or whilst participating in a treatment or rehabilitation program is not admissible in—\n\n(b) any proceeding (whether civil or criminal) other than a proceeding for a support and engagement order under the **Terrorism (Community Protection) Act 2003**.\n\n(2) Subsection (1) does not apply if the child consents to the use or disclosure of the statement, confession, admission or information referred to in that subsection.\n\n***treatment or rehabilitation program*** means any treatment, rehabilitation or intervention provided under this  Chapter that is offered to or undertaken by a child—\n\n(a) as part of early intervention or diversion; or\n\n(b) after the child is charged with an offence or while the child is on bail or remand; or\n\n(c) after the commencement of a proceeding; or\n\n(d) while subject to a probation order, a youth supervision order, a youth attendance order or a youth control order or serving a sentence of detention.\n\n","sortOrder":836},{"sectionNumber":"347C","sectionType":"section","heading":"Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced","content":"347C Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced\n\nAny score, assessment or rating related to a child's risk of re-offending derived from an assessment of the child's individual risks and needs conducted after the alleged commission of an offence is not admissible in—\n\n(b) any criminal proceeding before the child is sentenced for the offence.\".\n\n","sortOrder":837},{"sectionNumber":"856","sectionType":"section","heading":"New section 491A inserted","content":"\t856 New section 491A inserted\n\nAfter section 491 of the **Children, Youth and Families Act 2005 insert**—\n\n\"491A Power of police to arrest person in remand centre\n\n(1) Without limiting the generality of Subdivision (30) of Division 1 of Part III of the **Crimes Act 1958**, a police officer may at any time, on the request of the officer in charge of a remand centre, without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law, a person of or above the age of 18 years who—\n\n(a) is remanded in custody in the remand centre; and\n\n(b) is being charged with an offence alleged to have been committed within the remand centre while remanded in custody.\n\n(2) Section 5A of the **Bail Act 1977** does not apply to an accused in a criminal proceeding who has been apprehended under subsection (1) if the Magistrates' Court, County Court or Supreme Court, as the case may be, is satisfied that the accused—\n\n(a) has engaged in conduct that threatens the good order and safe operation of the remand centre; and\n\n(b) is unable to be properly controlled in the remand centre.\".\n\n","sortOrder":838},{"sectionNumber":"Part 20","sectionType":"part","heading":"2—Repeal of this Chapter","content":"Part 20.2—Repeal of this Chapter\n\n","sortOrder":839},{"sectionNumber":"857","sectionType":"section","heading":"Repeal of this Chapter","content":"\t857 Repeal of this Chapter\n\nThis Chapter is **repealed** on 30 September 2026.\n\nThe repeal of this Chapter does not affect the continuing operation of the amendments made by it (see section 15(1) of the **Interpretation of Legislation Act 1984**).\n\nChapter 21—Transitional provisions\n\nPart 21.1—General transitional provisions\n\n\t858 Definitions\n\n***commencement day*** means the date this Chapter commences;\n\n***superseded provision*** means a provision of an Act that has been amended or repealed by this Act.\n\n","sortOrder":840},{"sectionNumber":"859","sectionType":"section","heading":"General transitional provision","content":"\t859 General transitional provision\n\n(1) Except where the contrary intention appears, this Chapter does not affect or take away from the provisions of the **Interpretation of Legislation Act 1984**.\n\n(2) On or after the commencement day, if a superseded provision of an Act continues to apply by force of this Chapter, the following provisions also continue to apply in relation to that provision—\n\n(a) any other provisions of that Act necessary to give effect to that continued provision; and\n\n(b) any regulations or rules of court made under that Act for the purposes of that continued provision.\n\n(3) This Chapter applies despite anything to the contrary in any other provision of this Act.\n\n","sortOrder":841},{"sectionNumber":"860","sectionType":"section","heading":"Renumbering","content":"\t860 Renumbering\n\nOn and from the commencement day, unless the context otherwise requires, in an Act or in an instrument made under an Act or in any other document of any kind, a reference to a provision of the **Children, Youth and Families Act 2005** that has been renumbered or relocated in this Act must be construed as a reference to the provision as renumbered or as relocated in this Act and in force for the time being.\n\n","sortOrder":842},{"sectionNumber":"861","sectionType":"section","heading":"References to a superseded provision","content":"\t861 References to a superseded provision\n\nA reference to a superseded provision in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document of any kind must, so far as it relates to any period on or after the commencement day and if not inconsistent with the context or subject matter, be construed as a reference to the relevant provision of this Act.\n\n","sortOrder":843},{"sectionNumber":"Part 21","sectionType":"part","heading":"2—Early diversion group conferences","content":"Part 21.2—Early diversion group conferences\n\n","sortOrder":844},{"sectionNumber":"862","sectionType":"section","heading":"Early diversion group conferences","content":"\t862 Early diversion group conferences\n\nParts 4.4 and 4.5 apply to an early diversion group conference to which a child is referred on or after the commencement of Chapter 4, irrespective of when the offence for which the child is referred is alleged to have been committed.\n\nPart 21.3—Criminal proceedings\n\n","sortOrder":845},{"sectionNumber":"863","sectionType":"section","heading":"Criminal proceedings and imposition of sentence","content":"\t863 Criminal proceedings and imposition of sentence\n\n(1) Chapter 5 applies to a criminal proceeding commenced on or after the commencement of that Chapter, irrespective of when the offence is alleged to have been committed.\n\nPart 5.1 sets out how a criminal proceeding is commenced.\n\n(2) Chapter 6 applies to a criminal proceeding commenced on or after the commencement of that Chapter, irrespective of when the offence is alleged to have been committed.\n\n(3) Subject to this Chapter, Parts 5.1A and 5.2 of Chapter 5 of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, continue to apply to a criminal proceeding commenced in the Children's Court before the commencement day as if those Parts had not been repealed.\n\n(4) Any sentence imposed on or after the commencement of Chapter 7 must be imposed in accordance with this Act irrespective of when the offence was committed.\n\nPart 21.4—Sentencing\n\n","sortOrder":846},{"sectionNumber":"864","sectionType":"section","heading":"Deferrals of sentence","content":"\t864 Deferrals of sentence\n\n(1) On or after the commencement of Chapter 7, if the sentencing of a child has been deferred under section 414 of the **Children, Youth and Families Act 2005**, as in force before that commencement, but the adjourned case has not been heard—\n\n(a) the matter remains adjourned in accordance with the relevant provisions of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, as if Chapter 7 had not commenced; and\n\n(b) when the Children's Court sentences the child, the child must be sentenced in accordance with this Act.\n\n(2) Subject to this Chapter, section 415 of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement of Chapter 7, continues to apply to a group conference to which a child is referred before the commencement of Chapter 7 as if that section had not been repealed.\n\n(3) On or after the commencement of Chapter 7, Part 7.4 applies to an outcome plan from a group conference conducted under section 415 of the **Children, Youth and Families Act 2005**.\n\n\t865 Maximum period of a youth justice custodial order—offences relating to remand centres, youth justice centres and youth residential centres\n\n(1) On or after the commencement of Chapter 7, if a child is found guilty on the same day, or in the same proceeding, of more than one offence, and one or more of those offences is—\n\n(a) an offence constituted by escape from a remand centre, youth residential centre or youth justice centre; or\n\n(b) an offence involving property damage to a remand centre, youth residential centre or youth justice centre—\n\nsection 327(4) applies to any period of detention imposed on the child for that offence or those offences as if section 327(3) included a reference to that or those offences.\n\n(2) On or after the commencement of Chapter 7, if—\n\n(a) a youth justice custodial order is made in respect of a child for an offence or offences; and\n\n(b) the child is serving an uncompleted sentence or sentences of detention imposed on the child, whether before or at the time the youth justice custodial order is imposed; and\n\n(c) one or more of the offences referred to in paragraph (a) is—\n\n(i) an offence constituted by escape from a remand centre, youth residential centre or youth justice centre; or\n\n(ii) an offence involving property damage to a remand centre, youth residential centre or youth justice centre—\n\nsection 327(6) applies to any period of detention imposed on the child for that offence or those offences as if section 327(6) included a reference to that or those offences.\n\n***remand centre*** means a remand centre within the meaning of the **Children, Youth and Families Act 2005** as in force immediately before the commencement of this Part;\n\n***youth justice centre*** means a youth justice centre within the meaning of the **Children, Youth and Families Act 2005** as in force immediately before the commencement of this Part;\n\n***youth residential centre*** means a youth residential centre within the meaning of the **Children, Youth and Families Act 2005** as in force immediately before the commencement of this Part.\n\nPart 21.5—Youth justice services\n\n","sortOrder":847},{"sectionNumber":"866","sectionType":"section","heading":"Transitional provision—youth justice custodial centres","content":"\t866 Transitional provision—youth justice custodial centres\n\nOn and from the commencement of section 755—\n\n(a) a remand centre established under section 478(a) of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, is taken to be a youth justice custodial centre established under section 755; and\n\n(b) a youth residential centre established under section 478(b) of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, is taken to be a youth justice custodial centre established under section 755; and\n\n(c) a youth justice centre established under section 478(c) of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, is taken to be a youth justice custodial centre established under section 755.\n\n","sortOrder":848},{"sectionNumber":"867","sectionType":"section","heading":"Transitional provision—youth justice community service centres","content":"\t867 Transitional provision—youth justice community service centres\n\nOn and from the commencement of section 756—\n\n(a) a youth justice unit established under section 478(d) of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, is taken to be a youth justice community service centre established under section 756(1); and\n\n(b) a service approved as a youth justice unit under section 479(1) of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, is taken to be approved as a youth justice community service centre under section 756(2).\n\n","sortOrder":849},{"sectionNumber":"868","sectionType":"section","heading":"Transitional provision—services","content":"\t868 Transitional provision—services\n\nOn and from the commencement of section 757—\n\n(a) a person or body that operates a service that is approved as a group conference program under section 480(1) of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, is taken to be an approved service provider under section 757(1); and\n\n(b) a person or body that operates a service that is approved or authorised as a youth control order planning meeting program under section 480A(1) of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, is taken to be an approved service provider under section 757(1).\n\n","sortOrder":850},{"sectionNumber":"869","sectionType":"section","heading":"References to remand centres, youth residential centres, youth justice centres and youth justice units","content":"\t869 References to remand centres, youth residential centres, youth justice centres and youth justice units\n\nUnless a contrary intention appears or the context otherwise requires, on and from the commencement of Part 18.4, in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind—\n\n(a) a reference to a remand centre, youth residential centre or youth justice centre is taken to be a reference to a youth justice custodial centre; and\n\n(b) a reference to a youth justice unit is taken to be a reference to a youth justice community service centre.\n\n\t870 References to remand centres, youth residential centres and youth justice centres in Children, Youth and Families Act 2005 and other Acts before the commencement of this Act\n\n(a) a provision of the **Children, Youth and Families Act 2005** in force immediately before the commencement of section 755 refers to a remand centre, youth residential centre or youth justice centre; and\n\n(b) that provision is repealed and re-enacted in this Act (with or without modification) or amended in the **Children, Youth and Families Act 2005** by this Act; and\n\n(c) that provision refers to a youth justice custodial centre after the re-enactment or amendment—\n\non or after the commencement of section 755, the re-enacted or amended provision applies in relation to a remand centre, youth residential centre or youth justice centre (as the case requires) in the same way that it applies in relation to a youth justice custodial centre, unless a contrary intention appears or the context otherwise requires.\n\n(a) a provision of an Act (other than the **Children, Youth and Families Act 2005**) in force immediately before the commencement of section 755 refers to a remand centre, youth residential centre or youth justice centre; and\n\n(b) that provision is amended by this Act to refer to a youth justice custodial centre—\n\non or after the commencement of section 755, the amended provision applies in relation to a remand centre, youth residential centre or youth justice centre (as the case requires) in the same way that it applies in relation to a youth justice custodial centre, unless a contrary intention appears or the context otherwise requires.\n\n***remand centre*** means a remand centre within the meaning of the **Children, Youth and Families Act 2005** as in force before the commencement of section 755;\n\n***youth justice centre*** means a youth justice centre within the meaning of the **Children, Youth and Families Act 2005** as in force before the commencement of section 755;\n\n***youth residential centre*** means a youth residential centre within the meaning of the **Children, Youth and Families Act 2005** as in force before the commencement of section 755.\n\nPart 21.6—Sentences imposed under the Children, Youth and Families Act 2005\n\n","sortOrder":851},{"sectionNumber":"871","sectionType":"section","heading":"Definitions","content":"\t871 Definitions\n\n***Children, Youth and Families Act order*** means a CYFA non-accountable undertaking, CYFA accountable undertaking, CYFA good behaviour bond, CYFA fine, CYFA probation order, CYFA youth supervision order, CYFA youth attendance order, CYFA youth control order, CYFA youth residential centre order or CYFA youth justice centre order in force on or after the commencement day;\n\n***commencement day*** means the day on which section 921 of the **Youth Justice Act 2024** comes into operation;\n\n***CYFA accountable undertaking*** means an order made under section 365 of the **Children, Youth and Families Act 2005** as in force  before the commencement day;\n\n***CYFA fine*** means a fine imposed under section 373 of the **Children, Youth and Families Act 2005** as in force  before the commencement day, including—\n\n(a) any time to pay order made under section 376 or 377 of that Act as in force  before the commencement day; and\n\n(b) any instalment order made under section 375 or 377 of that Act as in force  before the commencement day;\n\n***CYFA good behaviour bond*** means a bond imposed under section 367 of the **Children, Youth and Families Act 2005** as in force  before the commencement day;\n\n***CYFA non-accountable undertaking*** means an order made under section 363 of the **Children, Youth and Families Act 2005** as in force  before the commencement day;\n\n***CYFA probation order*** means an order made under section 380 of the **Children, Youth and Families Act 2005** as in force  before the commencement day;\n\n***CYFA*** ***youth attendance order*** means an order made under section 397 of the **Children, Youth and Families Act 2005** as in force  before the commencement day;\n\n***CYFA*** ***youth control order*** means an order made under section 409B of the **Children, Youth and Families Act 2005** as in force  before the commencement day;\n\n***CYFA youth justice centre order*** means an order made under section 412 of the **Children, Youth and Families Act 2005** as in force  before the commencement day;\n\n***CYFA youth residential centre order*** means an order made under section 410 of the **Children, Youth and Families Act 2005** as in force  before the commencement day;\n\n***CYFA youth supervision order*** means an order made under section 387 of the **Children, Youth and Families Act 2005** as in force  before the commencement day.\n\n\t872 Children, Youth and Families Act orders to continue in accordance with Part 5.3 of the Children, Youth and Families Act 2005\n\nSubject to this Part, on and after the commencement day a person subject to a Children, Youth and Families Act order continues to be subject to the requirements of that order and Part 5.3 of Chapter 5 of the **Children, Youth and Families Act 2005** continues to apply to the person in relation to that order as if that Part had not been repealed by this Act.\n\n","sortOrder":852},{"sectionNumber":"873","sectionType":"section","heading":"Revocation of Children, Youth and Families Act order and making of order under this Act","content":"\t873 Revocation of Children, Youth and Families Act order and making of order under this Act\n\n(1) Despite section 872, on or after the commencement day, if—\n\n(a) a person subject to a Children, Youth and Families Act order (other than a CYFA youth residential centre order, a CYFA youth control order or a CYFA youth justice centre order) comes before the Children's Court in accordance with the provisions of Part 5.3 of Chapter 5 of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, in relation to—\n\n(i) an application to vary or revoke the Children, Youth and Families Act order; or\n\n(ii) a breach of that order; and\n\n(b) the Children's Court determines to revoke the Children, Youth and Families Act order and make a new order in respect of the offence or offences for which the person was subject to the Children, Youth and Families Act order—\n\nthe Court must make an order under this Act in respect of the offence or offences that the Court could have made had it found the person guilty of the offence or offences in accordance with this Act.\n\nSee also section 863 which provides that a sentence imposed on or after the commencement day must be imposed in accordance with this Act irrespective of when the offence was committed.\n\n(2) For the purposes of this Part and determining an appropriate order to make under this Act, the Children's Court must consider making an order that would be at a similar level of the sentencing hierarchy in section 240(1) to the Children, Youth and Families Act order that is being revoked, unless it is inappropriate in the circumstances.\n\nA youth supervision order under the **Children, Youth and Families Act 2005** will be most similar to a youth supervision and support order with minimal restrictive conditions and no judicial monitoring.\n\n","sortOrder":853},{"sectionNumber":"874","sectionType":"section","heading":"Application made or breach proceeding commenced but matter not heard and determined","content":"\t874 Application made or breach proceeding commenced but matter not heard and determined\n\nThis Part applies to—\n\n(a) an application made to the Children's Court, or a proceeding for breach of sentence commenced in the Children's Court, in accordance with Part 5.3 of Chapter 5 of the **Children, Youth and Families Act 2005** (as in force immediately before the commencement day) on or after the commencement day; and\n\n(b) an application made to the Children's Court, or a proceeding for breach of sentence commenced in the Children's Court, in accordance with Part 5.3 of Chapter 5 of the **Children, Youth and Families Act 2005** (as in force immediately before the commencement day) and not yet heard by the Children's Court immediately before the commencement day.\n\nDivision 2—Accountable undertakings\n\n","sortOrder":854},{"sectionNumber":"875","sectionType":"section","heading":"CYFA accountable undertakings","content":"\t875 CYFA accountable undertakings\n\nDespite sections 872 and 873(1), on or after the commencement day, if the Children's Court is satisfied that a person subject to a CYFA accountable undertaking has failed to comply with that undertaking (irrespective of when the failure occurred),  the Court must not revoke the order dismissing the charge and impose a fine in accordance with section 366(5)(c) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, unless—\n\n(a) the person is 15 years of age or over on the day the Court sentences the person for the failure to comply with the CYFA accountable undertaking; and\n\n(b) the Court is satisfied that the person has the means and capacity to pay the fine.\n\nDivision 3—Good behaviour bonds\n\n","sortOrder":855},{"sectionNumber":"876","sectionType":"section","heading":"CYFA good behaviour bonds","content":"\t876 CYFA good behaviour bonds\n\nDespite section 872, on or after the commencement day, if—\n\n(a) the Children's Court is satisfied that a person subject to a CYFA good behaviour bond has failed to be of good behaviour or to observe any condition of the bond (irrespective of when the failure occurred); and\n\n(b) the Children's Court decides to proceed with a further hearing and determination of the charges in accordance with section 371(5)(d) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day—\n\nthe Court must revoke the CYFA good behaviour bond and make an order under this Act that the Court could have made in accordance with this Act had it found the person guilty of the offence or offences for which the bond was imposed.\n\nDivision 4—Probation orders\n\n","sortOrder":856},{"sectionNumber":"877","sectionType":"section","heading":"CYFA probation orders—re-offending during period of order","content":"\t877 CYFA probation orders—re-offending during period of order\n\nDespite section 872, on or after the commencement day, a person subject to a CYFA probation order who re-offends during the period of the order (including offending that occurs before the commencement day) is taken not to have failed to observe the condition of that order set out in section 381(1)(c) of the **Children, Youth and Families Act 2005**,  as in force immediately before the commencement day,  unless the offence is punishable by imprisonment.\n\nUnder section 381(1)(c) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, it is a condition of a probation order made under section 380 of that Act that a person not re-offend during the period of the order.\n\n","sortOrder":857},{"sectionNumber":"878","sectionType":"section","heading":"CYFA probation orders—revocation and imposition of sentence more severe in the hierarchy","content":"\t878 CYFA probation orders—revocation and imposition of sentence more severe in the hierarchy\n\nDespite section 872, on or after the commencement day, if the Children's Court is satisfied in accordance with section 384(5) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, that a person subject to a CYFA probation order has failed to observe a condition, or amended condition, of the order (irrespective of when the failure occurred)  the Court must not revoke the order and impose a sentence under this Act that is more severe unless—\n\n(a) during the term of the CYFA probation order, the person commits an offence punishable on first conviction with imprisonment for a term of 5 years or more; or\n\n(b) the conditions of the CYFA probation order or the support or assistance offered to the person during the remaining term of the order cannot be varied in a way that would make the order suitable for the person.\n\n","sortOrder":858},{"sectionNumber":"879","sectionType":"section","heading":"CYFA probation orders—special conditions","content":"\t879 CYFA probation orders—special conditions\n\n(1) This section applies on or after the commencement day to a person subject to a CYFA probation order if—\n\n(a) the Children's Court is satisfied in accordance with section 384(5) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, that the person has failed to observe a condition, or amended condition, of the CYFA probation order (irrespective of when the failure occurred) and the Court determines under that section to vary, add or substitute any special condition of the order; or\n\n(b) an application has been made under section 421 of the **Children, Youth and Families Act 2005**, as in force immediately before that commencement, in respect of the CYFA probation order and the Children's Court determines under section 421(5) of that Act to vary the order.\n\n(2) Despite section 872, the Children's Court must—\n\n(a) substitute an existing special condition attached to the CYFA probation order with one or more special conditions specified in subsection (3); or\n\n(b) add a special condition to the CYFA probation order from one or more conditions specified in subsection (3).\n\n(3) The specified conditions are—\n\n(b) a restrictive condition set out in section 297(a) or (b).\n\n(4) The Children's Court must not vary an existing special condition attached to the CYFA probation order, or substitute or add a special condition specified in subsection (3) to the order, unless—\n\n(i) the needs and personal circumstances of the person subject to the order; and\n\n(iii) the extent of the person's compliance with the conditions of the order; and\n\n(5) Despite section 872, the Children's Court may—\n\n(a) make the CYFA probation order more restrictive by varying an existing special condition attached to it, or by substituting or adding a condition specified in subsection (3) to it, if the Court considers—\n\n(ii) that making the order more restrictive would assist the person's compliance with the order; or\n\n(b) make the CYFA probation order less restrictive by varying an existing special condition attached to it, or by substituting or adding a condition specified in subsection (3) to it, if the Court considers—\n\n(ii) that the person's compliance is unsatisfactory but making the order less restrictive would assist the person's compliance with the order.\n\n(6) In this section, varying an existing special condition attached to a CYFA probation order includes—\n\nDivision 5—Youth supervision orders\n\n","sortOrder":859},{"sectionNumber":"880","sectionType":"section","heading":"CYFA youth supervision orders—re-offending during period of order","content":"\t880 CYFA youth supervision orders—re-offending during period of order\n\nDespite section 872, on or after the commencement day, a person subject to a CYFA youth supervision order who re-offends during the period of the order (including offending that occurs before the commencement day) is taken not to have failed to observe the condition of that order set out in section 389(1)(c) of the **Children, Youth and Families Act 2005**,  as in force immediately before the commencement  day,  unless the offence is punishable by imprisonment.\n\nUnder section 389(1)(c) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, it is a condition of a youth supervision order made under section 387 of that Act that a person not re-offend during the period of the order.\n\n","sortOrder":860},{"sectionNumber":"881","sectionType":"section","heading":"CYFA youth supervision orders—special conditions","content":"\t881 CYFA youth supervision orders—special conditions\n\n(1) This section applies on and after the commencement day to a person subject to a CYFA youth supervision order if—\n\n(a) the Children's Court is satisfied in accordance with section 393 of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, that the person has failed to observe a condition, or amended condition, of the CYFA youth supervision order (irrespective of when the failure occurred) and the Court determines to vary the order; or\n\n(b) an application has been made under section 421 of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, in respect of the CYFA youth supervision order and the Children's Court determines under section 421(5) of that Act to vary the order.\n\n(2) Despite section 872, the Children's Court must—\n\n(a) substitute an existing special condition attached to the CYFA youth supervision order with one or more conditions specified in subsection (3); or\n\n(b) add a special condition to the CYFA youth supervision order from one or more special conditions specified in subsection (3).\n\n(3) The specified conditions are—\n\n(b) a restrictive condition set out in section 297(a), (b) or (c).\n\n(4) The Children's Court must not vary an existing special condition attached to the CYFA youth supervision order, or substitute or add a special condition specified in subsection (3) to the order, unless—\n\n(i) the needs and personal circumstances of the person subject to the order; and\n\n(iii) the extent of the person's compliance with the conditions of the order; and\n\n(5) Despite section 872, the Children's Court may—\n\n(a) make the CYFA youth supervision order more restrictive by varying an existing special condition attached to it, or by substituting or adding a condition specified in subsection (3) to it, if the Court considers—\n\n(ii) that making the order more restrictive would assist the person's compliance with the order; or\n\n(b) make the CYFA youth supervision order less restrictive by varying an existing special condition attached to it, or by substituting or adding a condition specified in subsection (3) to it, if the Court considers—\n\n(ii) that the person's compliance is unsatisfactory but making the order less restrictive would assist the person's compliance with the order.\n\n(6) In this section, varying an existing special condition attached to a CYFA youth supervision order includes—\n\n","sortOrder":861},{"sectionNumber":"882","sectionType":"section","heading":"CYFA youth supervision orders—judicial monitoring","content":"\t882 CYFA youth supervision orders—judicial monitoring\n\n(1) This section applies on or after the commencement day to a person subject to a CYFA youth supervision order.\n\n(2) Despite section 872 and subject to subsection (3), the Children's Court may order that the person be subject to judicial monitoring in accordance with Division 7 of Part 7.8 and give the warning in section 295 if—\n\n(a) an application has been made under section 421 of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, in respect of the CYFA youth supervision order and the Court determines to vary the order; or\n\n(b) the Court is satisfied in accordance with section 393 of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, that the person has failed to observe a condition, or amended condition, of the CYFA youth supervision order (irrespective of when the failure occurred)  and the Court determines to vary the order.\n\n(3) The Children's Court must not order that a person be subject to judicial monitoring in accordance with Division 7 of Part 7.8 unless—\n\n(i) the needs and personal circumstances of the person subject to the CYFA youth supervision order; and\n\n(ii) the extent of the person's compliance with the conditions of the CYFA youth supervision order; and\n\n(b) the making of the CYFA youth supervision order subject to judicial monitoring is to—\n\n(4) For the purposes of subsection (2), a reference in Division 7 of Part 7.8 to a youth supervision and support order is taken to include a reference to a CYFA youth supervision order.\n\nDivision 6—Youth attendance orders\n\n","sortOrder":862},{"sectionNumber":"883","sectionType":"section","heading":"CYFA youth attendance orders—special conditions","content":"\t883 CYFA youth attendance orders—special conditions\n\n(1) This section applies on or after the commencement day to a person subject to a CYFA youth attendance order if—\n\n(a) the Children's Court is satisfied in accordance with section 408(2) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, that the person has breached the CYFA youth attendance order  (irrespective of when the breach occurred) and the Court determines to vary the order; or\n\n(b) an application has been made under section 409 of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, in respect of the CYFA youth attendance order and the Children's Court, in accordance with that section, determines to vary the order.\n\n(2) Despite section 872, the Children's Court must not vary an existing special condition attached to the CYFA youth attendance order, or substitute or add a special condition to the order, unless—\n\n(i) the needs and personal circumstances of the person subject to the CYFA youth attendance order; and\n\n(iii) the extent of the person's compliance with the conditions of the CYFA youth attendance order; and\n\n(3) Despite section 872, the Children's Court may—\n\n(a) make the CYFA youth attendance order more restrictive by varying an existing special condition attached to it, or by substituting or adding a special condition under section 399(2) of the **Children, Youth and Families Act** **2005**, as in force immediately before the commencement day, if the Court considers—\n\n(ii) that making the CYFA youth attendance order more restrictive would assist the person's compliance with the order; or\n\n(b) make the CYFA youth attendance order less restrictive by varying an existing special condition attached to it, or by substituting or adding a special condition under section 399(2) of the **Children, Youth and Families Act** **2005**, as in force immediately before the commencement day, if the Court considers—\n\n(ii) that the person's compliance is unsatisfactory but that making the CYFA youth attendance order less restrictive would assist the person's compliance with the order.\n\n(4) In this section, varying an existing special condition attached to a CYFA youth attendance order includes—\n\nDivision 7—Youth control orders\n\n","sortOrder":863},{"sectionNumber":"884","sectionType":"section","heading":"CYFA youth control orders—special conditions","content":"\t884 CYFA youth control orders—special conditions\n\n(1) This section applies on or after the commencement day to a person subject to a CYFA youth control order if the Children's Court determines to vary the order—\n\n(a) on an application under section 409N(2) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day; or\n\n(b) on its own initiative under section 409N(1) of that Act.\n\n(2) Despite section 872, if the Children's Court determines to vary the CYFA youth control order by substituting a requirement of the order or attaching a new requirement to the order, the Court must—\n\n(a) substitute an existing requirement with one or more special conditions or requirements specified in subsection (3); or\n\n(b) add a requirement from one or more special conditions or requirements specified in subsection (3).\n\n(3) The specified special conditions or requirements are—\n\n(b) a restrictive condition; or\n\n(c) the restorative condition.\n\n(4) Despite section 872, in addition to the matters set out in section 409F(2) and (3) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, the Children's Court must have regard to the following matters when varying a CYFA youth control order—\n\n(a) the person's youth control order plan within the meaning of the **Children, Youth and Families Act 2005** as in force immediately before the commencement day;\n\n(b) the person's personal circumstances;\n\n(c) the sentencing principles.\n\n","sortOrder":864},{"sectionNumber":"885","sectionType":"section","heading":"CYFA youth control orders—revocation","content":"\t885 CYFA youth control orders—revocation\n\n(1) This section applies on and after the commencement day in respect of an application to revoke a CYFA youth control order under section 409Q(2) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day.\n\n(2) Despite section 872, the Children's Court may vary or revoke the CYFA youth control order under section 309 of this Act as if the application for revocation had been made under this Act.\n\n\tDivision 8—Youth residential centre orders and youth justice centre orders\n\n\t886 CYFA youth residential centre orders and CYFA youth justice centre orders to be treated as a youth justice custodial order for purposes of this Act\n\nSubject to section 872, on and after the commencement day, a CYFA youth residential centre order or CYFA youth justice centre order is to be treated as a youth justice custodial order for the purposes of this Act.\n\nPart 21.7—Transitional provisions—Youth parole\n\n","sortOrder":865},{"sectionNumber":"887","sectionType":"section","heading":"Transitional provisions—Youth Parole Board and membership of the Board","content":"\t887 Transitional provisions—Youth Parole Board and membership of the Board\n\n(1) On and after the commencement of section 592, the Youth Parole Board—\n\n(a) subject to paragraph (b), is taken to be the same body as it was immediately before that commencement, despite any changes to the constitution of the Board and no decision, matter or thing is to be affected because of those changes; and\n\n(b) continues in existence as if established under section 592.\n\n(2) On and after the commencement of section 592, the members of the Youth Parole Board in office under the **Children, Youth and Families Act 2005** immediately before that commencement—\n\n(a) are taken to be the members of the Youth Parole Board appointed in accordance with Part 12.1; and\n\n(b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act.\n\n(3) On and after the commencement of section 592, a person appointed as an alternate chairperson of the Youth Parole Board under section 444(1)(a) of the **Children, Youth and Families Act 2005** immediately before that commencement—\n\n(a) is taken to be a deputy chairperson appointed in accordance with Part 12.1; and\n\n(b) continues in office on the same terms and conditions as those on which the person was originally appointed as an alternate chairperson under section 444 of that Act for the remainder of the person's original term as if appointed under section 592.\n\n(4) On and after the commencement of section 592, a person appointed as an alternate member of the Youth Parole Board under section 444(1)(b) of the **Children, Youth and Families Act 2005** immediately before that commencement—\n\n(a) is taken to be a member of the Board referred to in section 592(2)(c) appointed in accordance with Part 12.1; and\n\n(b) continues in office on the same terms and conditions as those on which the person was originally appointed as an alternate member under section 444 of that Act for the remainder of the person's original term as if appointed under section 592.\n\n(5) On and after the commencement of section 592, a person appointed as an alternate member of the Youth Parole Board under section 444(2) of the **Children, Youth and Families Act 2005** immediately before that commencement—\n\n(a) is taken to be a member of the Board referred to in section 592(2)(d) appointed in accordance with Part 12.1; and\n\n(b) continues in office on the same terms and conditions as those on which the person was originally appointed as an alternate member under section 444 of that Act for the remainder of the person's original term as if appointed under section 592.\n\n","sortOrder":866},{"sectionNumber":"888","sectionType":"section","heading":"Transitional provisions—decision-making by the Youth Parole Board","content":"\t888 Transitional provisions—decision-making by the Youth Parole Board\n\n(1) On and after the commencement of section 592, this Act applies to the making of a determination or order under Part 12.2 regardless of whether—\n\n(a) the Youth Parole Board had begun to consider whether to make that determination or order before that commencement; or\n\n(b) the Youth Parole Board had jurisdiction to make that determination or order before that commencement.\n\n(2) On and after the commencement of section 592, this Act applies to the making of a direction under Part 12.2 regardless of whether—\n\n(a) the Youth Parole Board had begun to consider whether to make that direction before that commencement; or\n\n(b) the Youth Parole Board had jurisdiction to make that direction before that commencement.\n\n(3) Section 623 applies as if a reference to a victim impact statement in that section includes a victim impact statement made under section 359 of the **Children, Youth and Families Act 2005** as in force before the commencement of section 623.\n\n","sortOrder":867},{"sectionNumber":"889","sectionType":"section","heading":"Transitional provisions—youth parole orders","content":"\t889 Transitional provisions—youth parole orders\n\n(1) In this section—\n\n***existing youth parole order*** means—\n\n(a) a youth parole order made under Division 5 of Part 5.5 of the **Children, Youth and Families Act 2005** as in force immediately before the commencement of section 627; and\n\n(b) that was in force immediately before that commencement.\n\n(2) Subject to this section, on and after the commencement of section 627 an existing youth parole order continues in force subject to its terms and conditions as if it were a youth parole order made under section 627 until the end of the parole period unless—\n\n(a) the parole order is earlier revoked under section 627(4); or\n\n(b) parole is earlier cancelled under Division 3 of Part 12.2.\n\n(3) Subject to subsection (4), any terms and conditions of the existing youth parole order are taken to have been imposed under section 632 and may be amended or varied accordingly.\n\n(4) Any conditions referred to in section 458A(3)(h) or (i) of the **Children, Youth and Families Act 2005** imposed on the existing youth parole order under section 458A(1) of that Act are taken to be additional conditions imposed under section 633 and may be amended or varied accordingly.\n\n(5) Section 634 applies in respect of an existing youth parole order.\n\n(6) If a term or condition of an existing youth parole order continued in effect under this section requires the person to be supervised by a youth parole officer or otherwise imposes any other function, power or duty on a youth parole officer—\n\n(a) the requirement is taken to refer to the Secretary; and\n\n(b) on the commencement of section 627, the Secretary must assign an authorised youth justice community worker to supervise the person and exercise the power, duty or function.\n\n(7) On and after the commencement of section 627, a person who immediately before that commencement was subject to an existing youth parole order who breaks any law during the period of the order (including offending that occurs before the commencement day) is taken not to have failed to comply with a condition imposed on that order under section 458(4)(a) or 458A(3)(a) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, and continued under subsection (2) unless the offence is punishable by imprisonment.\n\nUnder section 458(4)(a) of the **Children, Youth and Families Act 2005** as in force immediately before the commencement of section 627, a youth parole order is subject to terms and prescribed conditions. Under Part 5 of the Children, Youth and Families Regulations 2017 as in force immediately before the commencement of section 627, it is a prescribed condition of a youth parole order that the person must not break any law during the parole period. Under section 458(4)(b) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement day, it is a condition of a youth parole order that the person must not break any law during the parole period.\n\n","sortOrder":868},{"sectionNumber":"890","sectionType":"section","heading":"Transitional provisions—cancellation of parole before commencement of section 627","content":"\t890 Transitional provisions—cancellation of parole before commencement of section 627\n\n(1) This section applies if, before the commencement of section 627, the Youth Parole Board had cancelled a person's parole under section 460 of the **Children, Youth and Families Act 2005** as in force immediately before that commencement.\n\n(2) Subject to this section, on and after the commencement of section 627, this Act applies in respect of the cancellation as if parole had been cancelled under section 636.\n\n(3) If, before the commencement of section 627, a warrant to arrest had been issued under section 460(5) of the **Children, Youth and Families Act 2005** but not executed,  on and after that commencement—\n\n(a) the Youth Parole Board may cause that warrant to be cancelled before its execution as if it had been issued under section 640; and\n\n(b) if the warrant is not sooner cancelled, section 460(5), (6), (6A), (6B) and (6C) of the **Children, Youth and Families Act 2005** continue to apply to the execution of that warrant as if that section had not been repealed.\n\n(4) Nothing in this section affects the validity of any warrant to arrest issued under section 460(5) of the **Children, Youth and Families Act 2005** as in force immediately before the commencement of section 627 or anything done under that warrant before that commencement.\n\n(5) If, on or after the commencement of section 627, the Youth Parole Board revokes the cancellation of parole—\n\n(a) the revived parole order is taken to be a youth parole order made under section 627; and\n\n(b) section 889 applies in respect of the terms and conditions of the revived parole order as if it were an existing youth parole order.\n\n","sortOrder":869},{"sectionNumber":"891","sectionType":"section","heading":"Transitional provisions—youth parole officers","content":"\t891 Transitional provisions—youth parole officers\n\n(1) Any person who holds office as a youth parole officer under the **Children, Youth and Families Act 2005** immediately before the commencement of section 644, on and after the commencement of that section—\n\n(a) holds office as a youth justice community worker under and subject to this Act; and\n\n(b) is taken to be an authorised youth justice community worker authorised in accordance with section 644.\n\n(2) On and after the commencement of section 644, a reference in any Act (other than this Act) or any instrument made under any Act (other than this Act) or in any other document to a youth parole officer is taken to be a reference to an authorised youth justice community worker.\n\n\t892 Transitional provisions—incident reporting, annual reports and eligibility for inclusion on the Youth Justice Victims Register\n\n(1) Section 619 applies in respect of an incident or conduct that occurred, but was not notified under section 454 of the **Children, Youth and Families Act 2005**, before the commencement of section 619.\n\n(2) Section 619 applies in relation to a notification from the Secretary made under section 454 of the **Children, Youth and Families Act 2005** before the commencement of section 619.\n\n(3) A person is only eligible to be included on the Youth Justice Victims Register if the criminal act of violence referred to in section 656(2) was committed by a child or young person on or after the commencement of this Act.\n\nPart 21.8—Transfers under Chapter 13\n\n","sortOrder":870},{"sectionNumber":"893","sectionType":"section","heading":"Time spent in a youth residential centre and youth justice centre","content":"\t893 Time spent in a youth residential centre and youth justice centre\n\nOn and after the commencement of section 673, in determining under section 673(4) whether to release on parole a child or young person who is serving a sentence of imprisonment by reason of a direction given under Chapter 13 or Part 5.6 of Chapter 5 of the **Children, Youth and Families Act 2005** (as in force immediately before that commencement), the Adult Parole Board may also take into account the periods which the child or young person has spent, before that commencement, in a youth residential centre or youth justice centre within the meaning of the **Children, Youth and Families Act 2005**,  as in force immediately before that commencement.\n\n","sortOrder":871},{"sectionNumber":"894","sectionType":"section","heading":"Application for transfer direction made but not yet determined on the commencement of Chapter 13","content":"\t894 Application for transfer direction made but not yet determined on the commencement of Chapter 13\n\nIf an application has been made under Part 5.6 of Chapter 5 of the **Children, Youth and Families Act 2005**, as in force before the commencement of Chapter 13, and has not been finally determined immediately before that commencement, on and after that commencement the application must be determined in accordance with this Act.\n\nPart 21.9—Other transitional provisions\n\n\t895 Infringement penalties registered under Schedule 3 to the Children, Youth and Families Act 2005 to be dealt with under CAYPINS procedure\n\nAny infringement penalty registered under Schedule 3 to the **Children, Youth and Families Act 2005** immediately before the commencement of Chapter 17 is to be dealt with on and from that commencement under the CAYPINS procedure.\n\n\t896 Application for approval to make change of name application or acknowledgement of sex application made but not yet determined on the commencement of Part 10.6\n\nIf an application has been made under Division 4 or 4A of Part 5.8 of the **Children, Youth and Families Act 2005**, as in force before the commencement of Part 10.6, and has not been determined immediately before that commencement, on and after that commencement the application must be determined in accordance with this Act.\n\n","sortOrder":872},{"sectionNumber":"897","sectionType":"section","heading":"Transitional provision—Commissioner for Youth Justice","content":"\t897 Transitional provision—Commissioner for Youth Justice\n\nDespite anything to the contrary in Part 2.2, on and from the commencement of that Part, the person for the time being employed as the Commissioner for Youth Justice in accordance with Part 3 of the **Public Administration Act 2004** immediately before that commencement is taken to be the Commissioner for Youth Justice employed under section 35 on the same terms and conditions as that person was employed immediately before that day.\n\n","sortOrder":873},{"sectionNumber":"898","sectionType":"section","heading":"Transitional provision—appeals","content":"\t898 Transitional provision—appeals\n\nAny appeal commenced and on foot under Part 5.4 of Chapter 5 of the **Children, Youth and Families Act 2005** that has not been finally determined before the repeal of Part 5.4 of Chapter 5 of that Act, on and from that repeal—\n\n(a) is to be dealt with in accordance with Chapter 8 of this Act; and\n\n(b) Chapter 8 applies to that appeal as if it had commenced under Chapter 8 of this Act.\n\nChapter 22—Bail amendments\n\nPart 22.1—Amendment of Bail Act 1977\n\nDivision 1—Trial of electronic monitoring of children on bail in certain circumstances\n\n\t899 Definitions\n\nIn section 3 of the **Bail Act 1977 insert** the following definitions—\n\n\"***electronic monitoring conditions*** means the conditions set out in section 17E;\n\n***police custody officer*** has the same meaning as in the **Victoria Police Act 2013**;\".\n\n","sortOrder":874},{"sectionNumber":"900","sectionType":"section","heading":"Surrounding circumstances","content":"\t900 Surrounding circumstances\n\nAfter section 3AAA(1)(i) of the **Bail Act 1977 insert**—\n\n\"(ia) if the bail decision maker is making an applicable decision within the meaning of Part 2A, the availability of electronic monitoring conditions;\".\n\n","sortOrder":875},{"sectionNumber":"901","sectionType":"section","heading":"All offences—unacceptable risk test","content":"\t901 All offences—unacceptable risk test\n\nAfter section 4E(3) of the **Bail Act 1977 insert**—\n\n\"(4) The reference in subsection (3)(b) to conditions of bail includes, if the decision of whether to grant bail is an applicable decision within the meaning of Part 2A, electronic monitoring conditions.\".\n\n","sortOrder":876},{"sectionNumber":"902","sectionType":"section","heading":"Conduct conditions","content":"\t902 Conduct conditions\n\n(1) After section 5AAA(3) of the **Bail Act 1977 insert**—\n\n\"(3A) Subsections (2) and (3) apply in relation to electronic monitoring conditions in the same way that they apply in relation to any other condition.\".\n\n(2) After section 5AAA(6) of the **Bail Act 1977 insert**—\n\n\"(7) Nothing in this section authorises a bail decision maker to impose electronic monitoring conditions.\n\n","sortOrder":877},{"sectionNumber":"Part 2A","sectionType":"part","heading":"provides for the imposition of those conditions, and only in certain circumstances.\".","content":"Part 2A provides for the imposition of those conditions, and only in certain circumstances.\".\n\n","sortOrder":878},{"sectionNumber":"903","sectionType":"section","heading":"New Part 2A inserted","content":"\t903 New Part 2A inserted\n\nAfter Part 2 of the **Bail Act 1977 insert**—\n\n\"Part 2A—Trial of electronic monitoring of children\n\n","sortOrder":879},{"sectionNumber":"17C","sectionType":"section","heading":"Definitions","content":"17C Definitions\n\n***applicable decision*** has the meaning given by section 17D;\n\n***Secretary*** means the Secretary to the Department of Justice and Community Safety;\n\n***suitability report*** has the meaning given by section 17F.\n\n","sortOrder":880},{"sectionNumber":"17D","sectionType":"section","heading":"Meaning of *applicable decision*","content":"17D Meaning of *applicable decision*\n\n(1) A decision—\n\n(a) of whether or not to grant bail to an accused (whether on a first or further application or on appeal or otherwise); or\n\n(b) of whether to vary the conditions of bail—\n\nis an ***applicable decision*** if it meets the criteria set out in subsection (2).\n\n(2) The criteria are—\n\n(a) that the accused is of an eligible age under subsection (3) or (4); and\n\n(b) that the bail decision maker is either—\n\n(i) the Children's Court sitting at a venue that is in a prescribed region of the State; or\n\n(ii) the Supreme Court; and\n\n(c) that the additional prescribed criteria (if any) are met; and\n\n(d) that the decision is to be made before the second anniversary of the commencement of this Part.\n\n(3) The accused is of an eligible age if, at the time that the decision is to be made, the accused is—\n\n(a) 14 years of age or over; and\n\n(b) under 18 years of age.\n\n(4) Additionally, the accused is of an eligible age if—\n\n(a) the accused is 18 years of age at the time that the decision is to be made; and\n\n(b) the accused was under 18 years of age at the time of the alleged offending.\n\n","sortOrder":881},{"sectionNumber":"17E","sectionType":"section","heading":"What are *electronic monitoring conditions*?","content":"17E What are *electronic monitoring conditions*?\n\n(1) The following conditions imposed in respect of a grant of bail are the ***electronic monitoring conditions***—\n\n(a) a condition that the accused must for 24 hours of each day wear an electronic monitoring device fitted to the accused at the direction of the Secretary; and\n\n(b) a condition that the accused must not, without reasonable excuse, tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring; and\n\n(c) a condition that the accused must comply with any direction given by the Secretary, that is necessary for the Secretary to give, to ensure that the accused is electronically monitored.\n\n(2) A reference in this Part to an accused who is subject to electronic monitoring conditions is a reference to an accused on bail in respect of whom the electronic monitoring conditions have been imposed.\n\n","sortOrder":882},{"sectionNumber":"17F","sectionType":"section","heading":"What is a *suitability report*?","content":"17F What is a *suitability report*?\n\n(1) A ***suitability report*** is a report the Secretary causes to be prepared that—\n\n(a) is in respect of a particular accused; and\n\n(b) sets out the author's opinion on—\n\n(i) whether the accused is suitable to be electronically monitored on bail; and\n\n(ii) whether there are adequate resources and equipment to enable the accused to be electronically monitored on bail; and\n\n(c) explains the basis for those opinions, including by identifying and describing the information that informed those opinions; and\n\n(d) includes the prescribed material (if any).\n\n(2) Nothing in this section prevents the inclusion of any other material in a suitability report.\n\nDivision 2—Electronic monitoring of children on bail\n\n","sortOrder":883},{"sectionNumber":"17G","sectionType":"section","heading":"When bail decision maker may impose electronic monitoring conditions","content":"17G When bail decision maker may impose electronic monitoring conditions\n\nA bail decision maker who is making an applicable decision may impose the electronic monitoring conditions if—\n\n(a) the bail decision maker is to impose, as conduct conditions, either or both of—\n\n(i) a curfew; and\n\n(b) the bail decision maker is of the opinion that it is appropriate to impose the electronic monitoring conditions in order to monitor compliance with the proposed conduct conditions referred to in paragraph (a); and\n\nSection 5AAA(2) also requires that each condition and the number of conditions imposed must be no more onerous than is required, must be reasonable, and must be consistent with various orders and other instruments.\n\n(c) the bail decision maker is to impose a conduct condition requiring that the accused is to reside at an address that is in a prescribed region of the State; and\n\n(d) the bail decision maker has received a suitability report in respect of the accused and, having regard to the report, is of the opinion that—\n\n(i) the accused is a suitable person to be electronically monitored on bail; and\n\n(ii) adequate resources and equipment are available to enable the accused to be electronically monitored on bail.\n\n","sortOrder":884},{"sectionNumber":"17H","sectionType":"section","heading":"Bail decision maker may adjourn for preparation of suitability report","content":"17H Bail decision maker may adjourn for preparation of suitability report\n\n(a) an applicable decision is to be made by a bail decision maker; and\n\n(b) the bail decision maker is considering imposing, as conduct conditions, either or both of—\n\n(i) a curfew; and\n\n(c) the bail decision maker holds the opinion described in section 17G(b).\n\n(2) The bail decision maker may—\n\n(a) order the Secretary—\n\n(i) to cause a suitability report to be prepared in respect of the accused; and\n\n(ii) to cause the suitability report to be filed on or before a day and time specified by the court; and\n\n(iii) to cause copies of the suitability report to be provided, on or before a day and time specified by the court, to each of the parties to the matter in which the applicable decision is to be made; and\n\n(b) adjourn the hearing of the matter; and\n\n(c) without limiting any other order the bail decision maker may make, remand the accused in custody to appear before the bail decision maker on the next hearing of the matter.\n\n","sortOrder":885},{"sectionNumber":"17I","sectionType":"section","heading":"Extension of bail where electronic monitoring conditions imposed","content":"17I Extension of bail where electronic monitoring conditions imposed\n\n(1) If an accused is subject to electronic monitoring conditions—\n\n(a) the presence of those conditions does not prevent that bail from being extended by a bail decision maker who did not impose those conditions; and\n\n(b) on an extension of bail, the electronic monitoring conditions continue to apply regardless of whether the bail was extended by someone other than the bail decision maker who imposed those conditions.\n\n(2) Nothing in this section authorises a bail decision maker to impose electronic monitoring conditions when extending bail.\n\n","sortOrder":886},{"sectionNumber":"17J","sectionType":"section","heading":"Varying conditions of bail by revoking related conduct condition","content":"17J Varying conditions of bail by revoking related conduct condition\n\nIf an accused is subject to electronic monitoring conditions and—\n\n(a) a bail decision maker varies the conditions of bail by revoking—\n\n(i) a curfew; or\n\n(b) as a consequence of that variation, no conduct conditions referred to in paragraph (a) remain—\n\nthe electronic monitoring conditions are also revoked.\n\n","sortOrder":887},{"sectionNumber":"17K","sectionType":"section","heading":"Accused ceasing to be of eligible age does not affect electronic monitoring conditions","content":"17K Accused ceasing to be of eligible age does not affect electronic monitoring conditions\n\nThe fact that an accused who is subject to electronic monitoring conditions turns 18 or 19 years of age does not revoke, invalidate or otherwise affect the operation of those conditions.\n\n","sortOrder":888},{"sectionNumber":"17L","sectionType":"section","heading":"Electronic monitoring devices and equipment to be removed if conditions cease","content":"17L Electronic monitoring devices and equipment to be removed if conditions cease\n\n(1) If an accused ceases to be subject to electronic monitoring conditions as described in subsection (2)—\n\n(a) an authorised officer—\n\n(i) may remove the electronic device worn by the accused; and\n\n(ii) may remove any equipment used for the electronic monitoring that is—\n\n(A) at the address at which the accused resides; or\n\n(B) in the possession of the accused; or\n\n(C) on the person of the accused; and\n\n(b) the Secretary—\n\n(i) must ensure that an authorised officer undertakes the removal described in paragraph (a)(i) as soon as is practicable; and\n\n(ii) must ensure that an authorised officer undertakes the removal described in paragraph (a)(ii) within a reasonable time.\n\n(2) For the purposes of subsection (1), an accused who is subject to electronic monitoring conditions ceases to be subject to those conditions if—\n\n(a) the bail of the accused is revoked; or\n\n(b) the electronic monitoring conditions are revoked; or\n\n(c) the matter in relation to which the electronic monitoring conditions were imposed is finally determined by a court.\n\n(3) Despite subsection (1)(a), a person referred to in paragraph (c) of the definition of ***authorised officer*** in subsection (6) may remove an electronic monitoring device or equipment used for electronic monitoring only on a direction given by the Secretary.\n\n(4) If practicable, before removing an electronic monitoring device or equipment used for electronic monitoring, an authorised officer must inform the accused of the following—\n\n(a) the removal is to occur; and\n\n(b) the accused may consent to the removal; and\n\n(c) if consent is not given, reasonable force may be used—\n\n(i) to remove the device or equipment; and\n\n(ii) if the case requires, to enter a place where the accused resides in order to remove the device or equipment.\n\n(5) If the accused does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an authorised officer may use reasonable force—\n\n(a) to remove the device or equipment from the accused; and\n\n(b) to enter a place where the accused resides in order to remove the device or equipment.\n\n(6) In this section—\n\n***authorised officer*** means—\n\n(a) a police officer; or\n\n(b) a police custody officer; or\n\n(c) a person who—\n\n(i) is employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004**; and\n\n(ii) is authorised, or belongs to a class of persons authorised, by the Secretary for the purposes of this section; or\n\n(d) a person who belongs to a prescribed class.\n\n","sortOrder":889},{"sectionNumber":"17M","sectionType":"section","heading":"Temporary removal of electronic monitoring device if person arrested","content":"17M Temporary removal of electronic monitoring device if person arrested\n\n(1) A police officer or a police custody officer may remove an electronic monitoring device being worn by a person if the person is arrested on suspicion of having committed an offence.\n\n(2) If practicable, before removing the electronic monitoring device, a police officer or police custody officer must inform the person of the following—\n\n(a) the removal is to occur; and\n\n(b) the person may consent to the removal; and\n\n(c) if consent is not given, reasonable force may be used to remove the device.\n\n(3) If the person does not consent to the removal of the electronic monitoring device, a police officer or police custody officer may use reasonable force to remove the device from the person.\n\n(4) If a person whose electronic monitoring device is removed under subsection (1) is to be released from custody, the fact that the person is not yet again wearing an electronic monitoring device—\n\n(a) does not prevent the person being released from custody; and\n\n(b) does not provide a basis on which to continue to detain the person.\n\nThe Secretary has power to direct that an electronic monitoring device be fitted to the person, and the person's obligation under the electronic monitoring conditions is to wear a device fitted in accordance with such a direction—see section 17E(1)(a).\n\nDivision 3—Miscellaneous\n\n","sortOrder":890},{"sectionNumber":"17N","sectionType":"section","heading":"Confidentiality of personal information","content":"17N Confidentiality of personal information\n\n(1) A person must not use or disclose any personal or confidential information that is obtained as a result of the use of—\n\n(a) an electronic device that an accused is required to wear under an electronic monitoring condition; or\n\n(b) equipment used for the electronic monitoring of an accused under an electronic monitoring condition—\n\nunless that use or disclosure is specified under subsection (2) or by the regulations.\n\nPenalty: 120 penalty units.\n\n(2) The specified uses and disclosures are—\n\n(a) use or disclosure by a person that is reasonably necessary for the person to perform their duties, functions or powers in relation to a grant of bail; and\n\n(b) use or disclosure that is reasonably necessary for the preparation for, conduct of or participation in proceedings in any court in relation to a grant of bail; and\n\n(c) use or disclosure that occurs with the authorisation, or at the request of, the person to whom the information relates; and\n\n(d) use or disclosure that occurs to the extent necessary for a purpose related to law enforcement, including the detection, investigation, prosecution or prevention of contraventions of the law; and\n\n(e) both of the following—\n\n(i) disclosure to an Australian legal practitioner for the purpose of obtaining legal advice or representation; and\n\n(ii) use and disclosure by that Australian legal practitioner for that purpose; and\n\n(f) disclosure to the Secretary; and\n\n(g) use or disclosure that is authorised or required by or under this or any other Act, including—\n\n(i) use or disclosure that is authorised under subsection (3); and\n\n(ii) use or disclosure that is authorised under Part 5A of the **Family Violence Protection Act 2008**; and\n\n(iii) use or disclosure that is authorised under Part 6A of the **Child Wellbeing and Safety Act 2005**.\n\n(3) The Minister may authorise, in writing, a particular use or disclosure of personal or confidential information referred to in subsection (1).\n\n(4) In this section, ***personal or confidential information*** includes the following—\n\n(a) information relating to the personal affairs of an accused who is or was subject to electronic monitoring conditions;\n\n(b) information—\n\n(i) that identifies any person; or\n\n(ii) discloses any person's address or location; or\n\n(iii) discloses any journey made by a person; or\n\n(iv) from which any person's identity, address or location can reasonably be determined;\n\n(c) information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court;\n\n(d) information concerning the investigation of a contravention or possible contravention of the law by the accused.\n\n","sortOrder":891},{"sectionNumber":"17O","sectionType":"section","heading":"Delegation","content":"17O Delegation\n\n(1) The Secretary may delegate by instrument any power or duty of the Secretary under this Part to a person employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) A delegation under subsection (1) may be to—\n\n(a) a specified person; or\n\n(b) a specified class of persons.\n\n","sortOrder":892},{"sectionNumber":"17P","sectionType":"section","heading":"Regulations for this Part","content":"17P Regulations for this Part\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) criteria to be met for a decision to be an applicable decision for the purposes of this Part;\n\n(b) material that is to be included in a suitability report;\n\n(c) prescribing a class of persons who may remove electronic monitoring devices and other equipment;\n\n(d) specifying uses and disclosures of personal or confidential information within the meaning of section 17N for the purposes of section 17N(1);\n\n(e) the electronic monitoring of persons who are subject to electronic monitoring conditions;\n\n(f) the detection, investigation and prevention of contraventions of—\n\n(i) electronic monitoring conditions; and\n\n(ii) curfews and geographical exclusion zones imposed alongside electronic monitoring conditions;\n\n(g) prescribing any other matter or thing required to be prescribed by this Part or necessary to be prescribed to give effect to this Part.\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place or circumstance; and\n\n(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or by persons of a specified class; and\n\n(d) confer powers or impose duties on a specified person or on persons of a specified class; and\n\n(e) may provide in a specified case, or in cases of a specified class, for the exemption of persons or things from any of the provisions of the regulations—\n\n(ii) either wholly or to a specified extent; and\n\n(f) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.\".\n\nDivision 2—Scheduled offences, unacceptable risk and conduct conditions\n\n","sortOrder":893},{"sectionNumber":"903A","sectionType":"section","heading":"All offences—unacceptable risk test","content":"\t903A All offences—unacceptable risk test\n\n(1) Before section 4E(1)(a)(i) of the **Bail Act 1977 insert**—\n\n\"(iaa) commit a Schedule 1 offence or a Schedule 2 offence; or\".\n\n(2) In section 4E(1)(a)(i) of the **Bail Act 1977**, after \"(i)\" **insert** \"otherwise\".\n\n","sortOrder":894},{"sectionNumber":"903B","sectionType":"section","heading":"Conduct conditions","content":"\t903B Conduct conditions\n\n(1) Before section 5AAA(1)(a) of the **Bail Act 1977 insert**—\n\n\"(aa) commit a Schedule 1 offence or a Schedule 2 offence; or\".\n\n(2) In section 5AAA(1)(a) of the **Bail Act 1977**, after \"(a)\" **insert** \"otherwise\".\n\n","sortOrder":895},{"sectionNumber":"903C","sectionType":"section","heading":"New section 30A inserted","content":"\t903C New section 30A inserted\n\nAfter section 30 of the **Bail Act 1977 insert**—\n\n\"30A Offence to commit Schedule 1 offence or Schedule 2 offence while on bail\n\nAn accused on bail must not commit a Schedule 1 offence or Schedule 2 offence while on bail.\n\nPenalty: 30 penalty units or 3 months imprisonment.\n\nSee sections 16 and 33 of the **Sentencing Act 1991** and sections 411 and 413 of the **Children, Youth and Families Act 2005**.\".\n\nDivision 3—Examples, revocation and review\n\n","sortOrder":896},{"sectionNumber":"903D","sectionType":"section","heading":"All offences—unacceptable risk test","content":"\t903D All offences—unacceptable risk test\n\nFor the example at the foot of section 4E(1) of the **Bail Act 1977 substitute**—\n\nAn unacceptable risk that the accused, if released on bail, would—\n\n(a) drive dangerously; or\n\n(b) commit a family violence offence; or\n\n(c) commit an aggravated burglary; or\n\n(d) commit an armed robbery; or\n\n(e) commit a carjacking; or\n\n(f) commit a home invasion.\".\n\n","sortOrder":897},{"sectionNumber":"903E","sectionType":"section","heading":"All offences—unacceptable risk test","content":"\t903E All offences—unacceptable risk test\n\nFor the example at the foot of section 5AAA(1) of the **Bail Act 1977 substitute**—\n\nA bail decision maker may impose a condition in order to reduce the likelihood that the accused may—\n\n(a) drive dangerously; or\n\n(b) commit a family violence offence; or\n\n(c) commit an aggravated burglary; or\n\n(d) commit an armed robbery; or\n\n(e) commit a carjacking; or\n\n(f) commit a home invasion.\".\n\n","sortOrder":898},{"sectionNumber":"903F","sectionType":"section","heading":"Application for revocation of bail","content":"\t903F Application for revocation of bail\n\nAfter section 18AE(1) of the **Bail Act 1977 insert**—\n\n\"(1A) Without limiting subsection (1), an application under that subsection may be made because the applicant believes on reasonable grounds that the person—\n\n(a) has committed an offence since bail was granted; or\n\n(b) is likely to commit an offence whilst on bail; or\n\n(c) has breached a condition of bail; or\n\n(d) is likely to breach a condition of bail or the bail undertaking.\".\n\n","sortOrder":899},{"sectionNumber":"903G","sectionType":"section","heading":"Section 32C amended","content":"\t903G Section 32C amended\n\n(1) In the heading to section 32C of the **Bail Act 1977**, for \"amendments made by **Bail Amendment Act 2023**\" **substitute** \"certain amendments\".\n\n(2) In section 32C(1) of the **Bail Act 1977**, for \"by the **Bail Amendment Act 2023**.\" **substitute** \"by—\n\n(a) the **Bail Amendment Act 2023**; and\n\n(b) Part 22.1 of the **Youth Justice Act 2024** (other than Division 1 of that Part).\".\n\nDivision 4—Transitional provisions and technical amendments\n\n","sortOrder":900},{"sectionNumber":"904","sectionType":"section","heading":"Transitional provisions","content":"\t904 Transitional provisions\n\nAfter section 34(23) of the **Bail Act 1977** **insert**—\n\n\"(24) An amendment made to this Act by a provision of Chapter 22 of the **Youth Justice Act 2024** applies to an application made, or an appeal commenced, under this Act on or after the commencement of that provision, regardless of when the offence is alleged to have been committed.\n\n(24A) Section 30A applies in respect of an offence alleged to have been committed on or after the commencement of section 903C of the **Youth Justice Act 2024**.\".\n\n","sortOrder":901},{"sectionNumber":"905","sectionType":"section","heading":"Statute law revision","content":"\t905 Statute law revision\n\n(1) In section 5AAA(4) of the **Bail Act 1977 omit** \"4(5) or\".\n\n(2) In section 24(3)(a) of the **Bail Act 1977**, for \"original undertaking or on a new undertaking\" **substitute** \"original bail undertaking or on a new bail undertaking\".\n\n","sortOrder":902},{"sectionNumber":"906","sectionType":"section","heading":"References to conditions of bail and bail undertakings","content":"\t906 References to conditions of bail and bail undertakings\n\n(1) In section 3 of the **Bail Act 1977**, in the definition of ***bail support service***, after \"bail undertaking\" **insert** \"or the conditions of the accused's bail\".\n\n(2) In section 3AAA(1)(d) of the **Bail Act 1977**, for \"complied with the conditions of any earlier grant of bail;\" **substitute** \"complied with—\n\n(i) the conditions of any earlier grant of bail; or\n\n(ii) any earlier bail undertaking;\".\n\n(3) In section 4E(1)(a)(iv) of the **Bail Act 1977**, for \"conditions of bail;\" **substitute** \"bail undertaking;\".\n\n(4) In section 17A(1)(b)(iii) of the **Bail Act 1977**, after \"failure to comply with\" **insert** \"the bail undertaking or\".\n\n","sortOrder":903},{"sectionNumber":"Part 22","sectionType":"part","heading":"2—Consequential amendments to Surveillance Devices Act 1999","content":"Part 22.2—Consequential amendments to Surveillance Devices Act 1999\n\n","sortOrder":904},{"sectionNumber":"907","sectionType":"section","heading":"Regulation of installation, use and maintenance of tracking devices","content":"\t907 Regulation of installation, use and maintenance of tracking devices\n\nAfter section 8(2)(ad) of the **Surveillance Devices Act 1999 insert**—\n\n\"(ae) the installation, use or maintenance of an electronic monitoring device for the purposes of electronic monitoring conditions imposed under Part 2A of the **Bail Act 1977**; or\".\n\nPart 22.3—Repeal of this Chapter\n\n","sortOrder":905},{"sectionNumber":"908","sectionType":"section","heading":"Repeal of this Chapter","content":"\t908 Repeal of this Chapter\n\nThis Chapter is **repealed** on 30 September 2026.\n\nThe repeal of this Chapter does not affect the continuing operation of the amendments made by it (see section 15(1) of the **Interpretation of Legislation Act 1984**).\n\nChapter 23—Amendment of other Acts\n\nPart 23.1—Amendment of Appeal Costs Act 1998\n\n\t909 Application for indemnity certificate by respondent if the Crown or DPP appeals\n\nIn section 15(1)(b) of the **Appeal Costs Act 1998**, for \"427 of the **Children, Youth and Families Act 2005**\" **substitute** \"334 of the **Youth Justice Act 2024**\".\n\n","sortOrder":906},{"sectionNumber":"Part 23","sectionType":"part","heading":"2—Amendment of Bail Act 1977","content":"Part 23.2—Amendment of Bail Act 1977\n\n","sortOrder":907},{"sectionNumber":"910","sectionType":"section","heading":"Definitions","content":"\t910 Definitions\n\n(1) In section 3 of the **Bail Act 1977**, in the definition of ***parent***, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024** but does not include the Secretary to the Department of Families, Fairness and Housing\".\n\n(2) In section 3 of the **Bail Act 1977**, in the definition of ***prison***, for \"remand centre or youth justice centre under the **Children, Youth and Families Act 2005**\" **substitute** \"a youth justice custodial centre\".\n\n(3) In section 3 of the **Bail Act 1977**, in the definition of ***vulnerable adult***, for \"3AAAA.\" **substitute** \"3AAAA;\".\n\n(4) In section 3 of the **Bail Act 1977**, **insert** the following definition—\n\n","sortOrder":908},{"sectionNumber":"911","sectionType":"section","heading":"Section 3C substituted","content":"\t911 Section 3C substituted\n\nFor section 3C of the **Bail Act 1977 substitute**—\n\n\"3C Accused 18 years of age or over remanded in custody for another offence alleged to have been committed when the accused was under 18 years of age\n\n(a) the accused has applied for bail in a criminal proceeding in any court; and\n\n(b) the criminal proceeding relates to one or more offences alleged to have been committed when the accused was 18 years of age or over; and\n\n(c) the accused is currently remanded in custody pursuant to a remand warrant for another offence alleged to have been committed when the accused was under 18 years of age.\n\n(2) In making a determination under this Act in relation to the accused's application, a bail decision maker must take into account (in addition to any other requirements of this Act)—\n\n(a) whether the accused has engaged in conduct that threatens the safety of any person in a youth justice custodial centre or the security or stability of a youth justice custodial centre; and\n\n(b) whether the accused can reasonably be safely and appropriately accommodated and supported in a youth justice custodial centre.\".\n\n","sortOrder":909},{"sectionNumber":"912","sectionType":"section","heading":"Power to return accused to youth justice custodial centre","content":"\t912 Power to return accused to youth justice custodial centre\n\n(1) In the heading to section 5A of the **Bail Act 1977**, after \"**justice**\" **insert** \"**custodial**\".\n\n(2) In section 5A(1) of the **Bail Act 1977**, in paragraph (a), after \"justice\" **insert** \"custodial\".\n\n(3) For section 5A(3) of the **Bail Act 1977** **substitute**—\n\n\"(3) This section does not apply if the accused is 18 years of age or over and the court is satisfied—\n\n(a) of any of the following—\n\n(i) the offence charged is serious and violent;\n\n(ii) the accused has threatened or attempted to engage in conduct in a youth justice custodial centre or in the custody of the Secretary to the Department of Justice and Community Safety that the court considers to be serious and violent;\n\n(iii) the accused has engaged in conduct that threatens the security or stability of a youth justice custodial centre; and\n\n(b) that the Secretary to the Department of Justice and Community Safety is not reasonably able to safely and appropriately accommodate and support the person in a youth justice custodial centre.\".\n\n","sortOrder":910},{"sectionNumber":"913","sectionType":"section","heading":"Power of bail justice to grant or refuse bail","content":"\t913 Power of bail justice to grant or refuse bail\n\nIn section 10A(6)(b)(ii) of the **Bail Act 1977**, for \"under the **Children, Youth and Families Act 2005**\" **substitute** \"for the purposes of Part 5.2 of the **Youth Justice Act 2024**\".\n\nS. 913A amended by No. 8/2025 s. 17(2).\n\n","sortOrder":911},{"sectionNumber":"913A","sectionType":"section","heading":"Offence to commit Schedule 1 offence or Schedule 2 offence while on bail","content":"\t913A Offence to commit Schedule 1 offence or Schedule 2 offence while on bail\n\nIn the Note at the foot of section 30B of the **Bail Act 1977**, for \"sections 411 and 413 of the **Children, Youth and Families Act 2005**.\" **substitute** \"section 327 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":912},{"sectionNumber":"914","sectionType":"section","heading":"Transitional provisions","content":"\t914 Transitional provisions\n\nAt the end of section 34 of the **Bail Act 1977 insert**—\n\n\"(25) Section 3C, as substituted by the **Youth Justice Act 2024**,  applies to an application made on or after the commencement of that substitution, irrespective of when any offence referred to in section 3C(1)(b) is alleged to have been committed.\n\n(26) On or after the commencement of the substitution of section 3C by the **Youth Justice Act 2024**, if—\n\n(a) section 3C applies in respect of an accused's application for bail; and\n\n(b) the accused was remanded in custody in a remand centre (within the meaning of the **Children, Youth and Families Act 2005** as in force before that commencement), before that commencement—\n\nin making a determination under this Act in accordance with section 3C(2)(a), a bail decision maker must also take into account whether the accused has engaged in conduct that threatens the good order and safe operation of a remand centre within the meaning of the **Children, Youth and Families Act 2005** as in force before that commencement.\n\n(27) An amendment made to this Act (other than the substitution of section 3C) by a provision of Part 23.2 of the **Youth Justice Act 2024** applies to an application made, or an appeal commenced, under this Act on or after the commencement of that provision, regardless of when the offence is alleged to have been committed.\".\n\nPart 23.3—Amendment of Births, Deaths and Marriages Registration Act 1996\n\n","sortOrder":913},{"sectionNumber":"915","sectionType":"section","heading":"Definitions","content":"\t915 Definitions\n\nIn section 4(1) of the **Births, Deaths and Marriages Registration Act 1996**—\n\n(a) in the definition of ***approval***, in paragraph (a), for \"488Q of the **Children, Youth and Families Act 2005**\" **substitute** \"560 of the **Youth Justice Act 2024**\";\n\n(b) in the definition of ***restricted person***, for paragraph (a) **substitute**—\n\n\"(a) a child or young person (both within the meaning of the **Youth Justice Act 2024**) who is held in custody in a youth justice custodial centre within the meaning of that Act; or\".\n\nPart 23.4—Amendment of Child Wellbeing and Safety Act 2005\n\n","sortOrder":914},{"sectionNumber":"916","sectionType":"section","heading":"Schedule 7—Specified provisions","content":"\t916 Schedule 7—Specified provisions\n\nAfter item 8 of Schedule 7 to the **Child Wellbeing and Safety Act 2005 insert**—\n\n\"9 Section 723(3) of the **Youth Justice Act 2024**.\".\n\nPart 23.5—Amendment of Children, Youth and Families Act 2005\n\nDivision 1—Repeals\n\n\t917 Purposes\n\nSection 1(c) of the **Children, Youth and Families Act 2005** is **repealed**.\n\n","sortOrder":915},{"sectionNumber":"918","sectionType":"section","heading":"Definitions","content":"\t918 Definitions\n\n(1) In section 3(1) of the **Children, Youth and Families Act 2005**, the definitions of ***accountable undertaking***, ***Adult Parole Board***, ***appeal***, ***appeal period***, ***appellant***, ***appellate court***, ***Category A serious youth offence***, ***Category B serious youth offence***, ***conviction***, ***group conference***, ***group conference outcome plan***, ***group conference report***, ***offence involving an assault***, ***offence involving property damage***, ***order***, ***parole order***, ***parole period***, ***period***, ***pre-sentence report***, ***progress report***, ***remand centre***, ***terrorism or foreign incursion offence***, ***terrorism record***, ***terrorism-related order***, ***terrorism risk information***, ***terrorist act***, ***terrorist organisation***, ***youth attendance order***, ***youth control order plan***, ***youth control order planning meeting***, ***youth control order planning meeting report***, ***youth justice centre***, ***youth justice centre order***, ***youth justice custodial worker***, ***youth justice officer***, ***youth justice unit***, ***Youth Parole Board***, ***youth parole officer***, ***youth residential centre***, ***youth residential centre order*** and ***youth supervision order*** are **repealed**.\n\n(2) Section 3(5) of the **Children, Youth and Families Act 2005** is **repealed**.\n\n","sortOrder":916},{"sectionNumber":"919","sectionType":"section","heading":"Sections 3A and 3B repealed","content":"\t919 Sections 3A and 3B repealed\n\nSections 3A and 3B of the **Children, Youth and Families Act 2005** are **repealed**\n\n","sortOrder":917},{"sectionNumber":"920","sectionType":"section","heading":"Delegation","content":"\t920 Delegation\n\nIn section 17 of the **Children, Youth and Families Act 2005**—\n\n(a) subsections (1)(f), (fa), (fb) and (4)(b) are **repealed**;\n\n(b) in subsection (4)(a), for \"hours; and\" **substitute** \"hours.\"\n\n","sortOrder":918},{"sectionNumber":"921","sectionType":"section","heading":"Parts of Chapter 5 repealed","content":"\t921 Parts of Chapter 5 repealed\n\nParts 5.1A, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8 and 5.10 of the **Children, Youth and Families Act 2005** are **repealed**.\n\n\t922 Part 6.2 repealed\n\nPart 6.2 of the **Children, Youth and Families Act 2005** is **repealed**.\n\n\t923 Section 522A repealed\n\nSection 522A of the **Children, Youth and Families Act 2005** is **repealed**.\n\n","sortOrder":919},{"sectionNumber":"924","sectionType":"section","heading":"Sections 543 and 544 repealed","content":"\t924 Sections 543 and 544 repealed\n\nSections 543 and 544 of the **Children, Youth and Families Act 2005** are **repealed**.\n\n","sortOrder":920},{"sectionNumber":"925","sectionType":"section","heading":"Reports to which Part applies","content":"\t925 Reports to which Part applies\n\nIn section 547 of the **Children, Youth and Families Act 2005**—\n\n(a) in paragraph (e), for \"reports;\" **substitute** \"reports.\";\n\n(b) paragraphs (f), (g), (h), (i) and (j) are **repealed**.\n\n","sortOrder":921},{"sectionNumber":"926","sectionType":"section","heading":"Divisions 6 and 7 of Part 7.8 repealed","content":"\t926 Divisions 6 and 7 of Part 7.8 repealed\n\nDivisions 6 and 7 of Part 7.8 of the **Children, Youth and Families Act 2005** are **repealed**.\n\n\t927 Part 7.9 repealed\n\nPart 7.9 of the **Children, Youth and Families Act 2005** is **repealed**.\n\n\t928 Sections 585 and 586 repealed\n\nSections 585 and 586 of the **Children, Youth and Families Act 2005** are **repealed**.\n\n","sortOrder":922},{"sectionNumber":"929","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t929 Supreme Court—limitation of jurisdiction\n\nSection 599(2) of the **Children, Youth and Families Act 2005** is **repealed**.\n\n","sortOrder":923},{"sectionNumber":"930","sectionType":"section","heading":"Regulations","content":"\t930 Regulations\n\nIn section 600(1) of the **Children, Youth and Families Act 2005**, paragraphs (b), (c), (d), (g), (l), (m), (n), (p), (pa), (r), (s), (t), (u), (v), (w), (y), (z) and (zc) are **repealed**.\n\n\t931 Schedule 2 and Schedule 3 repealed\n\nSchedule 2 and Schedule 3 to the **Children, Youth and Families Act 2005** are **repealed**.\n\nDivision 2—Consequential amendments\n\n\t932 Definitions\n\n(1) In section 3(1) of the **Children, Youth and Families Act 2005 insert** the following definitions—\n\n\"***youth justice community worker*** has the same meaning as it has in the **Youth Justice Act 2024**;\n\n***youth justice custodial centre*** has the same meaning as it has in the **Youth Justice Act 2024**;\n\n***youth justice custodial officer*** has the same meaning as it has in the **Youth Justice Act 2024**;\n\n***youth justice custodial order*** has the same meaning as it has in the **Youth Justice Act 2024**.\".\n\n(2) In section 3(1) of the **Children, Youth and Families Act 2005**, for paragraph (ae) of the definition of ***child*** **substitute**—\n\n\"(ae) in relation to Chapter 17 of the **Youth Justice Act 2024**, has the same meaning as in the **Youth Justice Act 2024**; and\".\n\n(3) In section 3(1) of the **Children, Youth and Families Act 2005**—\n\n(a) in the definition of ***proceeding***, for \"Schedule 3\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(b) in the definition of ***process***, for \"residential centre or a youth justice\" **substitute** \"justice custodial\".\n\n(4) In section 3(1) of the **Children, Youth and Families Act 2005**, in the definition of ***sentence***, for paragraph (b) **substitute**—\n\n\"(b) an order made under Part 5.3 (as in force before its repeal by the **Youth Justice Act 2024**), other than—\n\n(ii) an order granting bail made under section 420 (as in force before its repeal by the **Youth Justice Act 2024**); and\n\n(ba) an order made under Chapter 7 of the **Youth Justice Act 2024** other than—\n\n(ii) an order granting bail made under section 259 of the **Youth Justice Act 2024**; and\".\n\n(5) In section 3(1) of the **Children, Youth and Families Act 2005**, for the definition of ***youth control order* substitute**—\n\n\"***youth control order*** has the same meaning as it has in the **Youth Justice Act 2024**;\".\n\n","sortOrder":924},{"sectionNumber":"933","sectionType":"section","heading":"Role of recognition principles","content":"\t933 Role of recognition principles\n\nIn section 7H(4) of the **Children, Youth and Families Act 2005**, for \"Chapter 5 or Chapter 7 (in relation to any matter under Chapter 5)\" **substitute** \"the **Youth Justice Act 2024** or Chapter 7 in relation to any matter under that Act\".\n\n","sortOrder":925},{"sectionNumber":"934","sectionType":"section","heading":"Decision makers to have regard to principles","content":"\t934 Decision makers to have regard to principles\n\nFor section 8(4) of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(4) This section does not apply in relation to any decision or action under Chapter 7 in relation to any matter under the **Youth Justice Act 2024**.\".\n\n","sortOrder":926},{"sectionNumber":"935","sectionType":"section","heading":"Role of principles","content":"\t935 Role of principles\n\nFor section 9(2) of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(2) The principles do not apply in relation to Chapter 7 in relation to any matter under the **Youth Justice Act 2024**.\".\n\n","sortOrder":927},{"sectionNumber":"936","sectionType":"section","heading":"Disclosure of information for administrative purposes","content":"\t936 Disclosure of information for administrative purposes\n\nIn section 20A of the **Children, Youth and Families Act 2005**, after \"this Act\" (where first occurring) **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":928},{"sectionNumber":"937","sectionType":"section","heading":"Report by Secretary","content":"\t937 Report by Secretary\n\nFor section 20B(1) of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(1) If, in a quarter of a calendar year, the Secretary makes a disclosure under section 60A of the **Commission for Children and Young People Act 2012**, the Secretary must publish on the Department's website the total number of adverse events relating to children in out of home care that were disclosed by the Secretary to the Commission in the relevant quarter.\".\n\n","sortOrder":929},{"sectionNumber":"938","sectionType":"section","heading":"Who is a mandatory reporter?","content":"\t938 Who is a mandatory reporter?\n\n(1) For section 182(1)(j) and (k) of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(j) a youth justice custodial officer;\n\n(k) a youth justice community worker or a person employed or engaged by the Secretary to the Department of Justice and Community Safety or the Court to exercise functions relating to the operation of Part 6.3 of the **Youth Justice Act 2024**;\".\n\n(2) In section 182(2) of the **Children, Youth and Families Act 2005**, for \"(i), (j), (k)\" **substitute** \"(i)\".\n\n","sortOrder":930},{"sectionNumber":"939","sectionType":"section","heading":"Referral to Therapeutic Treatment Board for advice","content":"\t939 Referral to Therapeutic Treatment Board for advice\n\nIn section 245 of the **Children, Youth and Families Act 2005**—\n\n(a) in subsection (1)(b), for \"349(2)\" **substitute** \"182 of the **Youth Justice Act 2024**\";\n\n(b) in subsection (4), for \"349(2)\" **substitute** \"182 of the **Youth Justice Act 2024**\".\n\n","sortOrder":931},{"sectionNumber":"940","sectionType":"section","heading":"Appeals to be heard in open court","content":"\t940 Appeals to be heard in open court\n\nIn the penalty at the foot of section 330(6) of the **Children, Youth and Families Act 2005**—\n\n(a) in paragraph (b), after \"justice\" **insert** \"custodial\";\n\n(b) in paragraph (c), for \"residential\" **substitute** \"justice custodial\".\n\n","sortOrder":932},{"sectionNumber":"941","sectionType":"section","heading":"President","content":"\t941 President\n\nIn section 508(7) of the **Children, Youth and Families Act 2005**, after \"this Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":933},{"sectionNumber":"942","sectionType":"section","heading":"Annual report","content":"\t942 Annual report\n\nIn section 514 of the **Children, Youth and Families Act 2005**—\n\n(a) in paragraph (a), after \"Court\" **insert** \"under this Act or the **Youth Justice Act 2024**\";\n\n(b) in paragraph (b), for \"matters as are prescribed by regulations made under this Act\" **substitute** \"prescribed matters\".\n\n","sortOrder":934},{"sectionNumber":"943","sectionType":"section","heading":"Jurisdiction of Criminal Division","content":"\t943 Jurisdiction of Criminal Division\n\nIn section 516 of the **Children, Youth and Families Act 2005**—\n\n(a) in subsection (1), after \"jurisdiction\" **insert** \"under this Act, the **Youth Justice Act 2024** or any other Act\";\n\n(b) in subsection (1)(b), for \"section 356\" **substitute** \"Division 1 of Part 6.1 of the **Youth Justice Act 2024**\";\n\n(c) for subsection (1)(e) **substitute**—\n\n\"(e) subject to Chapter 7 of the  **Youth Justice Act 2024**, to deal with a contravention of a sentence or variation of a sentence.\";\n\n(d) in subsection (3), after \"under this\" **insert** \"Act, the **Youth Justice Act 2024**\".\n\n","sortOrder":935},{"sectionNumber":"944","sectionType":"section","heading":"Joint committal proceedings","content":"\t944 Joint committal proceedings\n\nFor section 516A(1)(b) of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(b) the accused who is a child is charged with an indictable offence that is not to be heard and determined summarily for a reason specified in section 156(1) of the **Youth Justice Act 2024**; and\".\n\n","sortOrder":936},{"sectionNumber":"945","sectionType":"section","heading":"Koori Court (Criminal Division)","content":"\t945 Koori Court (Criminal Division)\n\nIn section 517(2), (3) and (5) of the **Children, Youth and Families Act 2005**, after \"this Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":937},{"sectionNumber":"946","sectionType":"section","heading":"Jurisdiction of Koori Court (Criminal Division)","content":"\t946 Jurisdiction of Koori Court (Criminal Division)\n\nIn section 518(b) and (ba) of the **Children, Youth and Families Act 2005**, for \"breach\" (where twice occurring) **substitute** \"contravention\".\n\n\t947 Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court\n\nIn section 518A(c)(iv) of the **Children, Youth and Families Act 2005**, for \"356D\" **substitute** \"193 of the **Youth Justice Act 2024**\".\n\n","sortOrder":938},{"sectionNumber":"948","sectionType":"section","heading":"Circumstances in which Koori Court (Criminal Division) may deal with certain offences","content":"\t948 Circumstances in which Koori Court (Criminal Division) may deal with certain offences\n\n(1) In section 519(1)(c)(iv) of the **Children, Youth and Families Act 2005**, for \"356D\" **substitute** \"193 of the **Youth Justice Act 2024**\".\n\n(2) In section 519(3) of the **Children, Youth and Families Act 2005**, after \"this Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":939},{"sectionNumber":"949","sectionType":"section","heading":"Sentencing procedure in Koori Court (Criminal Division)","content":"\t949 Sentencing procedure in Koori Court (Criminal Division)\n\n  (1) For section 520(3)(b)  of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(b) a youth justice custodial worker or a youth justice community worker; or\".\n\n(2) In section 520(6) of the **Children, Youth and Families Act 2005**, for \"358\" **substitute** \"211 of the **Youth Justice Act 2024**\".\n\n","sortOrder":940},{"sectionNumber":"950","sectionType":"section","heading":"Neighbourhood Justice Division","content":"\t950 Neighbourhood Justice Division\n\nIn section 520A(5) of the **Children, Youth and Families Act 2005**, after \"this Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":941},{"sectionNumber":"951","sectionType":"section","heading":"Jurisdiction of Neighbourhood Justice Division","content":"\t951 Jurisdiction of Neighbourhood Justice Division\n\nIn section 520C(4) of the **Children, Youth and Families Act 2005**—\n\n(a) in paragraph (b), after \"this\" **insert** \"Act, the **Youth Justice Act 2024**\";\n\n(b) in paragraph (c), for \"breach\" (where twice occurring) **substitute** \"contravention\".\n\n","sortOrder":942},{"sectionNumber":"952","sectionType":"section","heading":"Transfer of proceedings","content":"\t952 Transfer of proceedings\n\nIn section 520D(2) of the **Children, Youth and Families Act 2005**, after \"this Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":943},{"sectionNumber":"953","sectionType":"section","heading":"Sentencing procedure in Neighbourhood Justice Division","content":"\t953 Sentencing procedure in Neighbourhood Justice Division\n\nIn section 520E of the **Children, Youth and Families Act 2005**—\n\n(a) in subsection (2), after \"this Act\" **insert** \"or the **Youth Justice Act 2024**\";\n\n(b) in subsection (2)(b), for \"a youth justice officer\" **substitute** \"a youth justice custodial officer or a youth justice community worker\";\n\n(c) in subsection (5), for \"358\" **substitute** \"211 of the **Youth Justice Act 2024**\".\n\n","sortOrder":944},{"sectionNumber":"954","sectionType":"section","heading":"Application of Act to other Courts","content":"\t954 Application of Act to other Courts\n\nIn section 521 of the **Children, Youth and Families Act 2005**—\n\n(a) for \"applies\" **substitute** \"and the **Youth Justice Act 2024** apply\";\n\n(b) after \"this Act\" (where secondly occurring) **insert** \"or the **Youth Justice Act 2024**\";\n\n(c) for \"586\" **substitute** \"241 of the **Youth Justice Act 2024**\".\n\n","sortOrder":945},{"sectionNumber":"955","sectionType":"section","heading":"Procedural guidelines to be followed by Court","content":"\t955 Procedural guidelines to be followed by Court\n\n(1) In section 522(1) of the **Children, Youth and Families Act 2005**, for \"the Court must in any proceeding\" **substitute** \", in any proceeding in the Family Division the Court must\".\n\n(2) In section 522(1)(c)(ii) of the **Children, Youth and Families Act 2005** **omit** \"in the case of a proceeding in the Family Division,\".\n\n(3) In section 522(1)(f) of the **Children, Youth and Families Act 2005**, for \"his or her\" **substitute** \"the child's\".\n\n(4) In section 522(2) of the **Children, Youth and Families Act 2005**, for \"unless it\" **substitute** \"unless the Family Division of the Court\".\n\n","sortOrder":946},{"sectionNumber":"956","sectionType":"section","heading":"Proceedings to be heard in open court","content":"\t956 Proceedings to be heard in open court\n\n(1) In section 523(1) of the **Children, Youth and Families Act 2005**, for \"Court\" **substitute** \"Family Division\".\n\n(2) In section 523(2)(a) and (b) of the **Children, Youth and Families Act 2005**, after \"a proceeding\" **insert** \"in the Family Division\".\n\n(3) In the penalty at the foot of section 523(6) of the **Children, Youth and Families Act 2005**—\n\n(a) in paragraph (b), after \"justice\" **insert** \"custodial\";\n\n(b) in paragraph (c), for \"residential\" **substitute** \"justice custodial\".\n\n","sortOrder":947},{"sectionNumber":"957","sectionType":"section","heading":"Legal representation","content":"\t957 Legal representation\n\n(1) In section 524(1) of the **Children, Youth and Families Act 2005**—\n\n(a) after \"stage\" **insert** \"in a proceeding in the Family Division\";\n\n(b) in paragraph (a) **omit** \"in a proceeding in the Family Division,\";\n\n(d) in paragraph (c) **omit** \"in a proceeding in the Family Division,\";\n\n(e) in paragraph (d) **omit** \"in a proceeding in the Family Division\".\n\n(2) Section 524(2) and (3) of the **Children, Youth and Families Act 2005** are **repealed**.\n\n(3) In section 524(12) of the **Children, Youth and Families Act 2005 omit** \"or 525(2)\".\n\n","sortOrder":948},{"sectionNumber":"958","sectionType":"section","heading":"Proceedings in which child is required to be legally represented","content":"\t958 Proceedings in which child is required to be legally represented\n\nSection 525(2) of the **Children, Youth and Families Act 2005** is **repealed**.\n\n","sortOrder":949},{"sectionNumber":"959","sectionType":"section","heading":"Interpreter","content":"\t959 Interpreter\n\nIn section 526 of the **Children, Youth and Families Act 2005**—\n\n(a) after \"a proceeding\" **insert** \"in the Family Division\";\n\n(b) for \"him or her\" **substitute** \"the child, parent or other party\".\n\n","sortOrder":950},{"sectionNumber":"960","sectionType":"section","heading":"Explanation of and reasons for orders","content":"\t960 Explanation of and reasons for orders\n\n(1) In section 527(1) of the **Children, Youth and Families Act 2005**, after \"an order\" **insert** \"in a proceeding in the Family Division\".\n\n(2) For section 527(3)(b) and (c) of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(b) unless the Court otherwise orders, the child's parents; and\n\n(c) if the Court so orders, any other person with whom the child is living; and\".\n\n(3) In section 527(4) of the **Children, Youth and Families Act 2005**—\n\n(a) in paragraph (j), for \"order;\" **substitute** \"order.\";\n\n(b) paragraphs (k), (l), (m) and (n) are **repealed**.\n\n","sortOrder":951},{"sectionNumber":"961","sectionType":"section","heading":"Court to have powers of Magistrates' Court","content":"\t961 Court to have powers of Magistrates' Court\n\nFor section 528(3) of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(3) In punishing a person for a contempt of court under section 133 or 134 of the **Magistrates' Court Act 1989** (as applied by subsection (2) of this section), the Court must not order that a person under 18 years of age be committed to prison but instead must order that the person be committed to a youth justice custodial centre.\".\n\n","sortOrder":952},{"sectionNumber":"962","sectionType":"section","heading":"Recall and cancellation of warrant","content":"\t962 Recall and cancellation of warrant\n\n(1) In section 529(1) of the **Children, Youth and Families Act 2005**—\n\n(a) in paragraph (b)(i), for \"378(1)(e)\" **substitute** \"257(2)(e) of the **Youth Justice Act 2024**\";\n\n(b) in paragraph (b)(ii), for \"Schedule 3\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n(2) In section 529(3) of the **Children, Youth and Families Act 2005**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":953},{"sectionNumber":"963","sectionType":"section","heading":"Power to adjourn proceeding","content":"\t963 Power to adjourn proceeding\n\n(1) In section 530(6) of the **Children, Youth and Families Act 2005**, for \"officer in charge of the remand centre or\" **substitute** \"Commissioner for Youth Justice or officer in charge of the\".\n\n(2) In section 530(7) of the **Children, Youth and Families Act 2005**—\n\n(a) for \"remand centre\" **substitute** \"youth justice custodial centre\";\n\n(b) for \"services officer\" **substitute** \"services officer, youth justice custodial officer\".\n\n","sortOrder":954},{"sectionNumber":"964","sectionType":"section","heading":"Restriction on publication of proceedings","content":"\t964 Restriction on publication of proceedings\n\n(1) In section 534(1)(a) of the **Children, Youth and Families Act 2005**, after \"report of a proceeding in the Court\" **insert** \"under this Act, the **Youth Justice Act 2024** or any other Act\".\n\n(2) In section 534(3A) of the **Children, Youth and Families Act 2005**—\n\n(a) for \"and Regulation\" **substitute** \"and Community Safety\";\n\n(b) for \"remand centre, a youth residential centre or a youth justice\" **substitute** \"youth justice custodial\".\n\n","sortOrder":955},{"sectionNumber":"965","sectionType":"section","heading":"Certain publications exempted from the restriction on publication of proceedings","content":"\t965 Certain publications exempted from the restriction on publication of proceedings\n\nIn section 534A(1)(a) of the **Children, Youth and Families Act 2005**, after \"Criminal Division of the Court\" **insert** \"under this Act, the **Youth Justice Act 2024** or any other Act\".\n\n","sortOrder":956},{"sectionNumber":"966","sectionType":"section","heading":"Certain publications exempted if publication is in relation to sentencing of an adult","content":"\t966 Certain publications exempted if publication is in relation to sentencing of an adult\n\nIn section 534B(1) of the **Children, Youth and Families Act 2005**, after \"Criminal Division of the Court\" **insert** \"under this Act, the **Youth Justice Act 2024** or any other Act\".\n\n","sortOrder":957},{"sectionNumber":"967","sectionType":"section","heading":"Principal registrar, registrars and deputy registrars","content":"\t967 Principal registrar, registrars and deputy registrars\n\nIn section 535 of the **Children, Youth and Families Act 2005**—\n\n(a) in subsections (3) and (5), after \"and the regulations\" **insert** \"or the **Youth Justice Act 2024** and the regulations under that Act\";\n\n(b) in subsection (4), after \"or the regulations\" **insert** \"or the **Youth Justice Act 2024** or the regulations under that Act\".\n\n","sortOrder":958},{"sectionNumber":"968","sectionType":"section","heading":"Appointment of Aboriginal elders or respected persons","content":"\t968 Appointment of Aboriginal elders or respected persons\n\nIn section 536 of the **Children, Youth and Families Act 2005**—\n\n(a) in subsection (1), after \"this Act\" **insert** \"or the **Youth Justice Act 2024**\";\n\n(b) in subsection (3), for \"him or her\" **substitute** \"the aboriginal elder or respected person\".\n\n","sortOrder":959},{"sectionNumber":"969","sectionType":"section","heading":"Court register","content":"\t969 Court register\n\nIn section 537(1) of the **Children, Youth and Families Act 2005**, after \"this Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":960},{"sectionNumber":"970","sectionType":"section","heading":"Process","content":"\t970 Process\n\nIn section 538(1) of the **Children, Youth and Families Act 2005**, after \"this\" **insert** \"Act, the **Youth Justice Act 2024**\".\n\n","sortOrder":961},{"sectionNumber":"971","sectionType":"section","heading":"Powers of registrar","content":"\t971 Powers of registrar\n\nIn section 539(1) of the **Children, Youth and Families Act 2005**—\n\n(a) for \"him or her by this\" **substitute** \"the registrar by this Act, the **Youth Justice Act 2024**\";\n\n(b) in paragraphs (d), (g), (h) and (i), after \"criminal proceeding\" **insert** \"under the **Youth Justice Act 2024**\".\n\n","sortOrder":962},{"sectionNumber":"972","sectionType":"section","heading":"Assignment of duties","content":"\t972 Assignment of duties\n\nIn section 542A(2)(b) of the **Children, Youth and Families Act 2005**, after \"this Act\" **insert** \", the **Youth Justice Act 2024**\".\n\n","sortOrder":963},{"sectionNumber":"973","sectionType":"section","heading":"Performance of duties by judicial registrar","content":"\t973 Performance of duties by judicial registrar\n\nIn section 542J(2) of the **Children, Youth and Families Act 2005**, after \"this Act\" **insert** \", the **Youth Justice Act 2024**\".\n\n","sortOrder":964},{"sectionNumber":"974","sectionType":"section","heading":"Children's Court Clinic","content":"\t974 Children's Court Clinic\n\nIn section 546(1) of the **Children, Youth and Families Act 2005**, after \"Justice\" **insert** \"and Community Safety\".\n\n","sortOrder":965},{"sectionNumber":"975","sectionType":"section","heading":"Disputed report","content":"\t975 Disputed report\n\n(1) For section 551(1) of the **Children, Youth and Families Act 2005 substitute**—\n\n\"(1) If any matter in a report to which this Part applies is disputed by the child who is the subject of the report or a parent of the child, the Court must not take the disputed matter into account when determining the proceeding unless satisfied that the matter is true on the balance of probabilities.\".\n\n(2) In section 551(2)(a) of the **Children, Youth and Families Act 2005 omit** \", if the proceeding is in the Family Division,\".\n\n","sortOrder":966},{"sectionNumber":"976","sectionType":"section","heading":"Confidentiality of reports","content":"\t976 Confidentiality of reports\n\nIn section 552(3) of the **Children, Youth and Families Act 2005**—\n\n(a) in paragraph (c), for \"section 215(3)(c); or\" **substitute** \"section 215(3)(c)—\";\n\n(b) paragraph (d) is **repealed**.\n\n","sortOrder":967},{"sectionNumber":"977","sectionType":"section","heading":"Rules","content":"\t977 Rules\n\nIn section 588 of the **Children, Youth and Families Act 2005**—\n\n(a) in subsection (1A)(a) and (b), after \"the Court\" **insert** \", including, but not limited to, under or for the purposes of the **Youth Justice Act 2024**\";\n\n(b) in subsection (1AB)(b)(i), for \"centre or youth residential\" **substitute** \"custodial\";\n\n(c) in subsection (1AB)(b)(ii), for \"youth attendance order\" **substitute** \"youth control order made under the **Youth Justice Act 2024**\";\n\n(d) in subsection (1B)(a) and (b), for \"Schedule 3\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(e) in subsection (2), after \"under this\" (where secondly occurring) **insert** \"Act, the **Youth Justice Act 2024**\".\n\n","sortOrder":968},{"sectionNumber":"978","sectionType":"section","heading":"Rules of court","content":"\t978 Rules of court\n\nIn section 589(ca) of the **Children, Youth and Families Act 2005**, after \"under this Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":969},{"sectionNumber":"979","sectionType":"section","heading":"Rules of court—Koori Court (Criminal Division)","content":"\t979 Rules of court—Koori Court (Criminal Division)\n\nIn section 590(a) and (b) of the **Children, Youth and Families Act 2005**, after \"Division)\" **insert** \"under this Act or the **Youth Justice Act 2024**\".\n\n","sortOrder":970},{"sectionNumber":"980","sectionType":"section","heading":"Practice notes","content":"\t980 Practice notes\n\nIn section 592 of the **Children, Youth and Families Act 2005**—\n\n(a) in subsection (1), after \"Criminal Division\" (where twice occurring) **insert** \"under the **Youth Justice Act 2024**\";\n\n(b) in subsection (1), for \"Schedule 3\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(c) in subsection (2), after \"this\" **insert** \"Act, the **Youth Justice Act 2024**\".\n\n","sortOrder":971},{"sectionNumber":"981","sectionType":"section","heading":"Service of documents","content":"\t981 Service of documents\n\nIn section 593 of the **Children, Youth and Families Act 2005**—\n\n(a) in subsection (1), after \"Act\" **insert** \"or the **Youth Justice Act 2024**\";\n\n(b) in subsection (4), after \"Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":972},{"sectionNumber":"982","sectionType":"section","heading":"Service on parent or child or other person","content":"\t982 Service on parent or child or other person\n\nIn section 594(1) of the **Children, Youth and Families Act 2005**, after \"Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":973},{"sectionNumber":"983","sectionType":"section","heading":"Proof of service","content":"\t983 Proof of service\n\nIn section 595(1) of the **Children, Youth and Families Act 2005**, after \"document\" **insert** \"that is required or permitted under this Act or the **Youth Justice Act 2024**\".\n\n","sortOrder":974},{"sectionNumber":"984","sectionType":"section","heading":"Person may cause document to be served","content":"\t984 Person may cause document to be served\n\nIn section 596 of the **Children, Youth and Families Act 2005**, after \"Act\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":975},{"sectionNumber":"985","sectionType":"section","heading":"Powers of Secretary in relation to medical services and operations","content":"\t985 Powers of Secretary in relation to medical services and operations\n\n(1) Section 597(1)(b) of the **Children, Youth and Families Act 2005** is **repealed**.\n\n(2) In section 597(3) of the **Children, Youth and Families Act 2005**, for \", (1)(a)(v) or (1)(b)\" **substitute** \"or (1)(a)(v)\".\n\n(3) In section 597(4) of the **Children, Youth and Families Act 2005**, for \", (1)(a)(v) or (1)(b)\" **substitute** \"or (1)(a)(v)\".\n\n","sortOrder":976},{"sectionNumber":"986","sectionType":"section","heading":"Regulations","content":"\t986 Regulations\n\nIn section 600(1) of the **Children, Youth and Families Act 2005**—\n\n(a) for paragraph (k) **substitute**—\n\n\"(k) the conduct, management and supervision of community services and any other institutions or places established under this Act or under the control of the Secretary; and\";\n\n(b) for paragraph (q) **substitute**—\n\n\"(q) providing for the admission of ministers of religion to community services and any other institutions or places established under this Act or under the control of the Secretary for the purpose of the spiritual welfare and pastoral care of persons accommodated or detained in those places; and\".\n\n","sortOrder":977},{"sectionNumber":"987","sectionType":"section","heading":"New section 636 inserted","content":"\t987 New section 636 inserted\n\nAt the end of Part 8.6  of the **Children, Youth and Families Act 2005 insert**—\n\n\"636 Transitional provisions—Youth Justice Act 2024\n\n(1) Despite the repeal of section 452 by the **Youth Justice Act 2024**, section 452(1) continues to apply in respect of a report—\n\n(a) that had not been made before that repeal in the reporting period required by section 452(1); or\n\n(b) had been made but not tabled before that repeal.\n\n(2) The amendment made to section 516A by the **Youth Justice Act 2024** applies to a committal hearing commenced on or after the commencement of that amendment.\".\n\nPart 23.6—Amendment of Civil Procedure Act 2010\n\n","sortOrder":978},{"sectionNumber":"988","sectionType":"section","heading":"Application of this Act","content":"\t988 Application of this Act\n\n(1) In section 4(2)(k) of the **Civil Procedure Act 2010**, for \"**2016**.\" **substitute** \"**2016**;\".\n\n(2) After section 4(2)(k) of the **Civil Procedure Act 2010 insert**—\n\n\"(l) the **Youth Justice Act 2024**.\".\n\nPart 23.7—Amendment of Commission for Children and Young People Act 2012\n\n","sortOrder":979},{"sectionNumber":"989","sectionType":"section","heading":"Definitions","content":"\t989 Definitions\n\nIn section 3 of the **Commission for Children and Young People Act 2012**—\n\n(a) **insert** the following definitions—\n\n\"***Children, Youth and Families youth justice order*** means any of the following orders made under the **Children, Youth and Families Act 2005** as in force immediately before the commencement of Chapter 7 of the **Youth Justice Act 2024**—\n\n(a) a probation order;  \n\n(b) a youth supervision order;\n\n(c) a youth attendance order;\n\n***Commissioner for Youth Justice*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***Justice Secretary*** means the Secretary to the Department of Justice and Community Safety;\n\n***youth justice community service centre*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***youth justice custodial centre*** has the same meaning as in the **Youth Justice Act 2024**.\";\n\n(b) in the definition of ***youth justice client***, for paragraph (a) **substitute**—\n\n\"(a) a person in respect of whom any of the following orders is in force—\n\n(i) a community service order, probation order, youth supervision and support order or a youth control order within the meaning of the **Youth Justice Act 2024**;\n\n(ii) a Children, Youth and Families youth justice order; or\";\n\n(c) in the definition of ***youth justice client***, for paragraph (c) **substitute**—\n\n\"(c) a person who is detained in a youth justice custodial centre; or\";\n\n(d) in the definition of ***youth justice client***, in paragraph (d)(i), for \"section 414(2), 430I or section 571 of the **Children, Youth and Families Act 2005**\" **substitute** \"Division 2 of Part 8.4 or Division 3 of Part 9.2 of the **Youth Justice Act 2024**\";\n\n(e) the definitions of ***youth justice centre***, ***youth justice unit*** and ***youth residential centre*** are **repealed**.\n\n","sortOrder":980},{"sectionNumber":"990","sectionType":"section","heading":"Vulnerable children and young persons","content":"\t990 Vulnerable children and young persons\n\nFor section 5(c) of the **Commission for Children and Young People Act 2012 substitute**—\n\n\"(c) a person attending any of the following in accordance with an order of the Children's Court—\n\n(i) a youth justice community service centre;\n\n(ii) any other institution or place established by the Justice Secretary or the Commissioner for Youth Justice;\".\n\n","sortOrder":981},{"sectionNumber":"991","sectionType":"section","heading":"Commission may conduct inquiry concerning provision of services","content":"\t991 Commission may conduct inquiry concerning provision of services\n\nFor section 39(2)(b) of the **Commission for Children and Young People Act 2012** **substitute**—\n\n\"(b) child protection services provided, or omitted to be provided, by the Secretary; or\n\n(ba) youth justice services provided, or omitted to be provided, by the Justice Secretary; or\n\n(bb) youth justice services provided, or omitted to be provided, by the Commissioner for Youth Justice—\".\n\n","sortOrder":982},{"sectionNumber":"992","sectionType":"section","heading":"Disclosure of information by Secretary","content":"\t992 Disclosure of information by Secretary\n\nIn section 60A of the **Commission for Children and Young People Act 2012** **omit** \"or a person detained in a youth justice centre or a youth residential centre\".\n\n","sortOrder":983},{"sectionNumber":"993","sectionType":"section","heading":"New section 60B inserted","content":"\t993 New section 60B inserted\n\nAfter section 60A of the **Commission for Children and Young People Act 2012 insert**—\n\n\"60B Disclosure of information by Secretary to Department of Justice and Community Safety\n\nThe Secretary to the Department of Justice and Community Safety must disclose to the Commission any information about an adverse event relating to a person held in custody in a youth justice custodial centre if the information is relevant to the Commission's functions.\".\n\n","sortOrder":984},{"sectionNumber":"994","sectionType":"section","heading":"New section 74 inserted","content":"\t994 New section 74 inserted\n\nAfter section 73 of the **Commission for Children and Young People Act 2012** **insert**—\n\n\"74 Transitional provisions—Youth Justice Act 2024\n\n(1) Despite the commencement of Part 23.7 of the **Youth Justice Act 2024**, this Act as in force immediately before that commencement continues to apply in respect of an inquiry under Part 5 that was commenced but not completed before that commencement in relation to—\n\n(a) a vulnerable child or young person referred to in section 5(c) as in force immediately before that commencement; or\n\n(b) youth justice services.\n\n(2) The Commission may conduct an inquiry under Part 5 in respect of an adverse event relating to a person detained in a youth justice centre or a youth residential centre  if—\n\n(a) the event occurred before the commencement of Part 23.7 of the **Youth Justice Act 2024**; and\n\n(b) the event was not reported until after the commencement of Part 23.7 of the **Youth Justice Act 2024**.\n\n(3) On and after the commencement of Part 23.7 of the **Youth Justice Act 2024**, section 60A continues to apply in relation to an adverse event relating to a person detained in a youth justice centre or a youth residential centre that occurred before that commencement.\".\n\nPart 23.8—Amendment of Control of Weapons Act 1990\n\n","sortOrder":985},{"sectionNumber":"995","sectionType":"section","heading":"Forfeiture of controlled weapons if infringement notice served","content":"\t995 Forfeiture of controlled weapons if infringement notice served\n\nIn section 9A(5) of the **Control of Weapons Act 1990**, for paragraph (c) **substitute**—\n\n\"(c) the Children's Court cancelled the infringement notice under clause 16 of Schedule 3 to the **Children, Youth and Families Act 2005** before the repeal of that clause by the **Youth Justice Act 2024**; or  \n\n(d) the Children's Court cancels the infringement notice under section 743 of the **Youth Justice Act 2024**.\".\n\nPart 23.9—Amendment of Coroners Act 2008\n\n","sortOrder":986},{"sectionNumber":"996","sectionType":"section","heading":"Definitions and reportable death","content":"\t996 Definitions and reportable death\n\n(1) In section 3(1) of the **Coroners Act 2008**, in the definition of ***person placed in custody or care***—\n\n(a) paragraph (c) is **repealed**;\n\n(b) in paragraph (e), after \"Justice\" **insert** \"and Community Safety\".\n\n(2) In section 4(2)(e) of the **Coroners Act 2008**,  after \"Justice\" **insert** \"and Community Safety\".\n\nPart 23.10—Amendment of Corrections Act 1986\n\n","sortOrder":987},{"sectionNumber":"997","sectionType":"section","heading":"Sections 6D and 6E amended","content":"\t997 Sections 6D and 6E amended\n\n(1) In section 6D(2)(a) of the **Corrections Act 1986**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n(2) In section 6E(1)(cab) and (cac)(ii) of the **Corrections Act 1986**, for \"facility\" (where twice occurring) **substitute** \"custodial centre\".\n\n","sortOrder":988},{"sectionNumber":"998","sectionType":"section","heading":"Sections 9AA and 9A amended","content":"\t998 Sections 9AA and 9A amended\n\n(1) In section 9AA(1)(b)(iv) of the **Corrections Act** **1986**, for \"remand centre, youth residential centre or youth justice centre within the meaning of the **Children, Youth and Families Act 2005**\" **substitute** \"youth justice custodial centre within the meaning of the **Youth Justice Act 2024**\".\n\n(2) At the foot of section 9A(1B)(c)(iv) of the **Corrections Act 1986** **insert**—\n\nSee Part 11.2 of the **Youth Justice Act 2024** in relation to applying an instrument of restraint if the person being transported is a child or young person who is in the custody of a transfer officer under a transfer authority within the meaning of that Act.\".\n\n(3) In section 9A(3) of the **Corrections Act** **1986**—\n\n(a) after \"subsection (1), (1A) or (1B)\" **insert** \"or in accordance with section 580 of the **Youth Justice Act 2024**\";\n\n(b) for \"that subsection\" **substitute** \"any of those provisions\".\n\n","sortOrder":989},{"sectionNumber":"999","sectionType":"section","heading":"Use of reasonable force by staff—police gaols","content":"\t999 Use of reasonable force by staff—police gaols\n\nAt the foot of section 9CB of the **Corrections Act 1986 insert**—\n\nThis section does not apply in respect of a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority within the meaning of the **Youth Justice Act 2024**—see Part 11.2 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":990},{"sectionNumber":"1000","sectionType":"section","heading":"Legal custody of prisoners and detainees transferred to institutions and designated mental health services","content":"\t1000 Legal custody of prisoners and detainees transferred to institutions and designated mental health services\n\nIn the note at the foot of section 56AB of the **Corrections Act 1986**, for \"Part 5.6 of the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 13 of the **Youth Justice Act 2024**\".\n\n","sortOrder":991},{"sectionNumber":"1001","sectionType":"section","heading":"Functions of Board","content":"\t1001 Functions of Board\n\nIn section 69(1)(b) of the **Corrections Act 1986**, for \"Part 5.6 of the **Children, Youth and Families Act 2005** and regulations made under that Part\" **substitute** \"Chapter 13 of the **Youth Justice Act 2024**\".\n\n","sortOrder":992},{"sectionNumber":"1002","sectionType":"section","heading":"Young offenders—sentence and non-parole period","content":"\t1002 Young offenders—sentence and non-parole period\n\nIn section 75 of the **Corrections Act 1986**—\n\n(b) for  \"remand centre or youth justice centre\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":993},{"sectionNumber":"1003","sectionType":"section","heading":"Power to restrain detained persons","content":"\t1003 Power to restrain detained persons\n\nAt the foot of section 104AH of the **Corrections Act 1986 insert**—\n\nThis section does not apply in respect of a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority within the meaning of the **Youth Justice Act 2024**—see Part 11.2 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":994},{"sectionNumber":"1004","sectionType":"section","heading":"Search powers","content":"\t1004 Search powers\n\n(1) In section 104C(2)(d) of the **Corrections Act 1986**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024** or a young person within the meaning of the **Youth Justice Act 2024**\".\n\n(2) At the foot of section 104C of the **Corrections Act 1986 insert**—\n\nIn the event of an inconsistency between this section and any provision of Part 11.2 of the **Youth Justice Act 2024** in respect of a child held in custody in a police gaol, the provision of Part 11.2 of that Act prevails to the extent of the inconsistency—see section 575 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":995},{"sectionNumber":"1005","sectionType":"section","heading":"Sections 104DA and 104DB amended","content":"\t1005 Sections 104DA and 104DB amended\n\n(1) In section 104DA(1)(e) and (f) of the **Corrections Act 1986**, for  \"remand centre, youth residential centre or youth justice centre\" **substitute** \"youth justice custodial centre\".\n\n(2) In section 104DA(5) of the **Corrections Act 1986**—\n\n(b) the definitions of ***remand centre***, ***youth justice centre*** and ***youth residential centre*** are **repealed**.\n\n(3) At the foot of section 104DB(2)(b) of the **Corrections Act 1986 insert**—\n\nIn the event of an inconsistency between subsection (2)(b) and any provision of Part 11.2 of the **Youth Justice Act 2024** in respect of a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority within the meaning of that Act, the provision of Part 11.2 of that Act prevails to the extent of the inconsistency—see section 575 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":996},{"sectionNumber":"1006","sectionType":"section","heading":"Use of reasonable force by police custody officers","content":"\t1006 Use of reasonable force by police custody officers\n\nAt the foot of section 104DD of the **Corrections Act 1986 insert**—\n\nThis section does not apply in respect of a child held in custody in a police gaol or a child or young person who is in the custody of a transfer officer under a transfer authority within the meaning of the **Youth Justice Act 2024**—see Part 11.2 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":997},{"sectionNumber":"1007","sectionType":"section","heading":"General power to authorise transfers of detained persons","content":"\t1007 General power to authorise transfers of detained persons\n\nIn the note at the foot of section 104DF of the **Corrections Act 1986**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n","sortOrder":998},{"sectionNumber":"1008","sectionType":"section","heading":"Definitions","content":"\t1008 Definitions\n\nIn section 104ZX of the **Corrections Act 1986**, in paragraph (b) of the definition of ***Corrections‑related legislation***, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\nPart 23.11—Amendment of County Court Act 1958\n\n","sortOrder":999},{"sectionNumber":"1009","sectionType":"section","heading":"Power to complete matters—judges and reserve judges","content":"\t1009 Power to complete matters—judges and reserve judges\n\nIn section 12H(8)(a) of the **County Court Act 1958**, after \"**2005**\" **insert** \"or the **Youth Justice Act 2024**\".\n\nPart 23.12—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997\n\n","sortOrder":1000},{"sectionNumber":"1010","sectionType":"section","heading":"Definitions","content":"\t1010 Definitions\n\nIn section 3(1) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**—\n\n(b) the definitions of ***youth justice centre*** and ***youth residential centre*** are **repealed**.\n\n","sortOrder":1001},{"sectionNumber":"1011","sectionType":"section","heading":"Court may make orders pending investigation into fitness","content":"\t1011 Court may make orders pending investigation into fitness\n\n(1) In section 10(1)(ba) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for  \"youth justice centre or a youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n(2) In section 10(2) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for  \"youth justice centre or a youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1002},{"sectionNumber":"1012","sectionType":"section","heading":"Definitions","content":"\t1012 Definitions\n\nIn section 38H of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, in the definition of ***custody***, for  \"youth justice centre or a youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1003},{"sectionNumber":"1013","sectionType":"section","heading":"Procedure at special hearings","content":"\t1013 Procedure at special hearings\n\n(1) In section 38W(2)(d) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for \"524 of the **Children, Youth and Families Act 2005**\" **substitute** \"170 of the **Youth Justice Act 2024**\".\n\n(2) In the note at the foot of section 38W(2)(d) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for \"525(2) of the **Children, Youth and Families Act 2005**\" **substitute** \"171 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1004},{"sectionNumber":"1014","sectionType":"section","heading":"Warrant to arrest child breaching non-custodial supervision order who leaves Victoria","content":"\t1014 Warrant to arrest child breaching non-custodial supervision order who leaves Victoria\n\nFor note 1 at the foot of section 38ZM of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** **substitute**—\n\n\"1 Section 533 of the **Youth Justice Act 2024** provides an offence of escaping, attempting to escape or being absent without lawful authority from a youth justice custodial centre or other legal custody. Sections 534 and 535 of that Act provide for apprehension without warrant and the issue of a search warrant.\".\n\n","sortOrder":1005},{"sectionNumber":"1015","sectionType":"section","heading":"Contents of report","content":"\t1015 Contents of report\n\nIn section 38ZT(4) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for \"Division 1 of Part 7.8 of Chapter 7 of the **Children, Youth and Families Act 2005**\" **substitute** \"Division 1 of Part 9.2 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1006},{"sectionNumber":"1016","sectionType":"section","heading":"Victim impact statements","content":"\t1016 Victim impact statements\n\nIn section 38ZW(2) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for \"Sections 359, 359A and 359B of the **Children, Youth and Families Act 2005** apply\" **substitute** \"Part 7.2, except sections 211 and 221, of the **Youth Justice Act 2024** applies\".\n\n","sortOrder":1007},{"sectionNumber":"1017","sectionType":"section","heading":"Certificate of available services","content":"\t1017 Certificate of available services\n\n(1) In section 47(1)(ab)(i) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for  \"youth justice centre or a youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n(2) In section 47(1)(ab)(ii) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for  \"youth justice centre or a youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n(3) In section 47(1)(b)(iii) of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**, for  \"youth justice centre or a youth residential centre\" **substitute** \"youth justice custodial centre\".\n\nPart 23.13—Amendment of Crimes Act 1958\n\n","sortOrder":1008},{"sectionNumber":"1018","sectionType":"section","heading":"Causing serious injury intentionally","content":"\t1018 Causing serious injury intentionally\n\nIn note 4 at the foot of section 16 of the **Crimes Act 1958**, for \"centre\" **substitute** \"custodial\".\n\n","sortOrder":1009},{"sectionNumber":"1019","sectionType":"section","heading":"Causing serious injury recklessly","content":"\t1019 Causing serious injury recklessly\n\nIn note 3 at the foot of section 17 of the **Crimes Act 1958**, for \"centre\" **substitute** \"custodial\".\n\n","sortOrder":1010},{"sectionNumber":"1020","sectionType":"section","heading":"Causing injury intentionally or recklessly","content":"\t1020 Causing injury intentionally or recklessly\n\nIn note 3 at the foot of section 18 of the **Crimes Act 1958**, for \"centre\" **substitute** \"custodial\".\n\nS. 1020A inserted by No. 52/2025 s. 12.\n\n","sortOrder":1011},{"sectionNumber":"1020A","sectionType":"section","heading":"Assaults","content":"\t1020A Assaults\n\nIn section 31(2A) of the **Crimes Act 1958**, in the definition of ***youth justice custodial worker***, for \"section 10AA(8) of the **Sentencing Act 1991**\" **substitute** \"the **Youth Justice Act 2024**\".\n\n","sortOrder":1012},{"sectionNumber":"1021","sectionType":"section","heading":"Intimidation of a law enforcement officer or a family member of a law enforcement officer","content":"\t1021 Intimidation of a law enforcement officer or a family member of a law enforcement officer\n\nIn section 31D(8) of the **Crimes Act 1958**, in the definition of ***law enforcement officer***, for paragraph (g) **substitute**—\n\n\"(g) a youth justice custodial worker within the meaning of the **Youth Justice Act 2024**.\".\n\n","sortOrder":1013},{"sectionNumber":"1022","sectionType":"section","heading":"Care, supervision or authority","content":"\t1022 Care, supervision or authority\n\nIn section 37(1)(l) of the **Crimes Act 1958**, for \"remand centre, youth residential centre, youth justice centre\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1014},{"sectionNumber":"1023","sectionType":"section","heading":"Powers of police officer or protective services officer to apprehend offenders","content":"\t1023 Powers of police officer or protective services officer to apprehend offenders\n\nIn the note at the foot of section 459(1) of the **Crimes Act 1958**, for \"section 345 of the **Children, Youth and Families Act 2005**\" **substitute** \"section 147 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1015},{"sectionNumber":"1024","sectionType":"section","heading":"Definitions","content":"\t1024 Definitions\n\n(1) In section 464(2) of the **Crimes Act 1958**, in the definition of ***detained or protected person***, in paragraph (a), for \", youth justice centre or youth residential centre\" **substitute** \"or youth justice custodial centre\".\n\n(2) In section 464(2) of the **Crimes Act 1958**, in the definition of ***held in a prison, police gaol, youth justice centre or youth residential centre***—\n\n(a) for \"***, youth justice centre or youth residential centre***\" **substitute** \"***or youth justice custodial centre***\";\n\n(b) for paragraph (c) **substitute**—\n\n\"(c) held in a youth justice custodial centre in the custody of the Secretary under the **Youth Justice Act 2024**;\";\n\n(c) paragraph (d) is **repealed**.\n\n(3) In section 464(2) of the **Crimes Act 1958**, in the definition of ***prison***, for \"centre established under section 478 of the **Children, Youth and Families Act 2005**\" **substitute** \"custodial centre within the meaning of the **Youth Justice Act 2024**\".\n\n(4) In section 464(2) of the **Crimes Act 1958**, in the definition of ***volunteers (unlimited purposes) index***, for \"used;\" **substitute** \"used.\".\n\n(5) In section 464(2) of the **Crimes Act 1958**, the definition of ***youth residential centre*** is **repealed**.\n\n","sortOrder":1016},{"sectionNumber":"1025","sectionType":"section","heading":"Fingerprinting of adults and children aged 15 or above","content":"\t1025 Fingerprinting of adults and children aged 15 or above\n\nFor section 464K(2)(e) of the **Crimes Act 1958 substitute**—\n\n\"(e) that the fingerprints will be destroyed if—\n\n(i) the person is given a youth warning or youth caution within the meaning of the **Youth Justice Act 2024** in respect of a relevant offence; or\n\n(ii) the person is referred to an early diversion group conference within the meaning of the **Youth Justice Act 2024** in respect of a relevant offence, and an early diversion outcome plan within the meaning of that Act is finalised for the person or the person is discharged without any finding of guilt (as the case requires); or\n\n(iii) the person is not charged with a relevant offence within 6 months; or\n\n(iv) the person is so charged, but the charge is not proceeded with or the person is not found guilty of the offence or any other relevant offence before the end of that period; and\".\n\n","sortOrder":1017},{"sectionNumber":"1026","sectionType":"section","heading":"Fingerprinting of children aged 14 or under","content":"\t1026 Fingerprinting of children aged 14 or under\n\nFor section 464L(3)(f) of the **Crimes Act 1958 substitute**—\n\n\"(f) that the fingerprints will be destroyed if—\n\n(i) the child is given a youth warning or youth caution within the meaning of the **Youth Justice Act 2024** in respect of a relevant offence; or\n\n(ii) the child is referred to an early diversion group conference within the meaning of the **Youth Justice Act 2024** in respect of a relevant offence, and an early diversion outcome plan within the meaning of that Act is finalised for the child or the child is discharged without any finding of guilt (as the case requires); or\n\n(iii) the child is not charged with a relevant offence within 6 months; or\n\n(iv) the child is so charged, but the charge is not proceeded with or the child is not found guilty of the offence or any other relevant offence before the end of that period; and\".\n\n","sortOrder":1018},{"sectionNumber":"1027","sectionType":"section","heading":"Children's Court may order fingerprinting","content":"\t1027 Children's Court may order fingerprinting\n\n(1) In section 464M(2)(b) of the **Crimes Act 1958**, for \"youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n(2) In section 464M(16) of the **Crimes Act 1958**, for \", youth justice centre or youth residential centre\" **substitute** \"or youth justice custodial centre\".\n\n","sortOrder":1019},{"sectionNumber":"1028","sectionType":"section","heading":"Destruction of records","content":"\t1028 Destruction of records\n\n(1) In section 464O(1) of the **Crimes Act 1958**, in the definition of ***relevant offence***, for \"value.\" **substitute** \"value;\".\n\n(2) In section 464O(1) of the **Crimes Act 1958** **insert** the following definitions—\n\n\"***early diversion group conference*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***early diversion outcome plan*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***youth caution*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***youth warning*** has the same meaning as in the **Youth Justice Act 2024**.\".\n\n(3) In section 464O(2) of the **Crimes Act 1958**, before paragraph (a) **insert**—\n\n\"(aa) the person has been given a youth warning or youth caution in respect of a relevant offence; or\n\n(aab) the person has been referred to an early diversion group conference in respect of a relevant offence and—\n\n(i) in the case of a person referred by a police officer, an early diversion outcome plan has been finalised for the person; or\n\n(ii) in the case of a person referred by the Children's Court, the person has been discharged without any finding of guilt; or\".\n\n(4) In section 464O(3) of the **Crimes Act 1958**, before paragraph (a) **insert**—\n\n\"(aa) where the person has been given a youth warning or youth caution, within one month after the giving of that youth warning or youth caution; or\n\n(aab) where the person has been referred to an early diversion group conference and—\n\n(i) an early diversion outcome plan has been finalised for the person, within one month after the Chief Commissioner of Police has been notified of the finalisation of that early diversion outcome plan; or\n\n(ii) the person has been discharged without any finding of guilt, within one month after the Chief Commissioner of Police has been notified that the person has been discharged without any finding of guilt; or\".\n\n(5) After section 464O(4) of the **Crimes Act 1958 insert**—\n\n\"(4A) To avoid doubt, the period referred to in subsection (3)(aa) or (aab) cannot be extended and subsection (4) does not apply in respect of that period.\".\n\n","sortOrder":1020},{"sectionNumber":"1029","sectionType":"section","heading":"Informed consent","content":"\t1029 Informed consent\n\nIn section 464S(3)(a)(i) of the **Crimes Act 1958**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1021},{"sectionNumber":"1030","sectionType":"section","heading":"Informed consent—DNA person and their parent or guardian","content":"\t1030 Informed consent—DNA person and their parent or guardian\n\n(1) For section 464SD(2)(h) of the **Crimes Act 1958 substitute**—\n\n\"(h) that any sample taken from the DNA person will be destroyed if—\n\n(i) for a DNA person who is a child, the child is given a youth warning or youth caution within the meaning of the **Youth Justice Act 2024** in respect of a DNA sample offence; or\n\n(ii) for a DNA person who is a child, the child is referred to an early diversion group conference within the meaning of the **Youth Justice Act 2024** in respect of a DNA sample offence, and an early diversion outcome plan within the meaning of that Act is finalised for the child or the child is discharged without any finding of guilt (as the case requires); or\n\n(iii) the person has not been charged with an indictable offence or a DNA sample offence (as the case requires) at the end of 12 months after the taking of the sample; or\n\n(iv) the person has been so charged but the charge is not proceeded with or the DNA person is not found guilty of the offence whether on appeal or otherwise before the end of that period; and\".\n\n(2) In section 464SD(4)(a)(i) of the **Crimes Act 1958**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1022},{"sectionNumber":"1031","sectionType":"section","heading":"Forensic procedure following the commission of forensic sample offence","content":"\t1031 Forensic procedure following the commission of forensic sample offence\n\nIn section 464ZF(3)(b) of the **Crimes Act 1958**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1023},{"sectionNumber":"1032","sectionType":"section","heading":"Warrants issued for forensic procedures under section 464ZF or 464ZFAAA","content":"\t1032 Warrants issued for forensic procedures under section 464ZF or 464ZFAAA\n\nIn section 464ZFA(1)(a) of the **Crimes Act 1958**—\n\n(a) after \"justice\" **insert** \"custodial\";\n\n(b) for \"he or she\" **substitute** \"the person\".\n\n","sortOrder":1024},{"sectionNumber":"1033","sectionType":"section","heading":"Destruction of identifying information","content":"\t1033 Destruction of identifying information\n\n(1) For section 464ZG(1) of the **Crimes Act 1958** **substitute**—\n\n\"(1) In this section—\n\n***early diversion group conference*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***early diversion outcome plan*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***relevant offence*** means—\n\n(a) the indictable offence in respect of which the DNA profile sample was taken or the forensic procedure was conducted; or\n\n(b) any other indictable offence arising out of the same circumstances; or\n\n(c) any other indictable offence in respect of which the evidence obtained as a result of the DNA profile sample or the forensic procedure has probative value;\n\n***youth caution*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***youth warning*** has the same meaning as in the **Youth Justice Act 2024**.\".\n\n(2) In section 464ZG(3) of the **Crimes Act 1958**, before paragraph (a) **insert**—\n\n\"(aa) the person has been given a youth warning or youth caution in respect of a relevant offence; or\n\n(aab) the person has been referred to an early diversion group conference in respect of a relevant offence and—\n\n(i) in the case of a person referred by a police officer, an early diversion outcome plan has been finalised for the person; or\n\n(ii) in the case of a person referred by the Children's Court, the person has been discharged without any finding of guilt; or\".\n\n(3) In section 464ZG(4) of the **Crimes Act 1958**, before paragraph (a) **insert**—\n\n\"(aa) in a case to which subsection (3)(aa) applies, within one month after the giving of that youth warning or youth caution; or\n\n(aab) in a case to which subsection (3)(aab)(i) applies, within one month after the Chief Commissioner of Police has been notified of the finalisation of that early diversion outcome plan; or\n\n(aac) in a case to which subsection (3)(aab)(ii) applies, within one month after the Chief Commissioner of Police has been notified that the person has been discharged without any finding of guilt; or\".\n\n(4) In section 464ZG(5) of the **Crimes Act 1958**, for \"subsection (4)\" (where twice occurring) **substitute** \"subsection (4)(a) or (b)\".\n\n(5) After section 464ZG(5) of the **Crimes Act 1958 insert**—\n\n\"(5A) To avoid doubt, the period referred to in subsection (4)(aa), (aab) or (aac) cannot be extended and subsection (5) does not apply in respect of that period.\".\n\n","sortOrder":1025},{"sectionNumber":"1034","sectionType":"section","heading":"Safeguards after giving sample","content":"\t1034 Safeguards after giving sample\n\n(1) For section 464ZGE(2)(b) of the **Crimes Act 1958 substitute**—\n\n\"(b) a court has made an order under section 464ZGF for the retention of that sample and any related material and information, and—\n\n(i) the person has been given a youth warning or youth caution within the meaning of the **Youth Justice Act 2024** in respect of an indictable offence; or\n\n(ii) the person has been referred to an early diversion group conference within the meaning of the **Youth Justice Act 2024** in respect of an indictable offence and—\n\n(A) in the case of a person referred by a police officer, an early diversion outcome plan within the meaning of that Act has been finalised for the person; or\n\n(B) in the case of a person referred by the Children's Court, the person has been discharged without any finding of guilt; or\n\n(iii) the person has not been charged with an indictable offence at the end of the period of 12 months after the order of the court; or\n\n(iv) the person has been so charged but the charge is not proceeded with, or the person is not found guilty of the indictable offence or any other indictable offence for which the sample and any related material and information had probative value, whether on appeal or otherwise, before the end of that period—\".\n\n(2) In section 464ZGE(3) of the **Crimes Act 1958**—\n\n\"(ab) in a case to which subsection (2)(b)(i) applies, within one month after the giving of that youth warning or youth caution; or\n\n(ac) in a case to which subsection (2)(b)(ii)(A) applies, within one month after the Chief Commissioner of Police has been notified of the finalisation of that early diversion outcome plan; or\n\n(ad) in a case to which subsection (2)(b)(ii)(B) applies, within one month after the Chief Commissioner of Police has been notified that the person has been discharged without any finding of guilt; or\";\n\n(b) in paragraph (b), for \"subsection (2)(b)(i)\" **substitute** \"subsection (2)(b)(iii)\";\n\n(c) in paragraph (c), for \"subsection (2)(b)(ii)\" **substitute** \"subsection (2)(b)(iv)\".\n\n(3) After section 464ZGE(6) of the **Crimes Act 1958 insert**—\n\n\"(6A) To avoid doubt, the period referred to in subsection (3)(ab), (ac) or (ad) cannot be extended and subsection (6) does not apply in respect of that period.\".\n\n","sortOrder":1026},{"sectionNumber":"1035","sectionType":"section","heading":"Young person sentenced to life imprisonment","content":"\t1035 Young person sentenced to life imprisonment\n\nIn section 476B of the **Crimes Act 1958**—\n\n(a) for \"his natural life he\" **substitute** \"that person's natural life, that person\";\n\n(b) for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\";\n\n(c) for \"at which he is\" **substitute** \"at which the person is\";\n\n(d) for \"youth justice centre, remand centre,\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1027},{"sectionNumber":"1036","sectionType":"section","heading":"Sentences of imprisonment etc. to be carried out according to law relating to prisons","content":"\t1036 Sentences of imprisonment etc. to be carried out according to law relating to prisons\n\nIn section 493 of the **Crimes Act 1958**—\n\n(a) after \"justice\" **insert** \"custodial\";\n\n(b) for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n","sortOrder":1028},{"sectionNumber":"1037","sectionType":"section","heading":"Amendment of definitions","content":"\t1037 Amendment of definitions\n\n(1) In section 317AB(1) of the **Crimes Act 1958**, in the definition of ***youth justice custodial worker***, for \"section 10AA(8) of the **Sentencing Act 1991**\" **substitute** \"the **Youth Justice Act 2024**\".\n\n(2) In section 506(1) of the **Crimes Act 1958**, in the definition of ***child***, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\nPart 23.14—Amendment of Criminal Procedure Act 2009\n\n","sortOrder":1029},{"sectionNumber":"1038","sectionType":"section","heading":"Definitions","content":"\t1038 Definitions\n\nIn section 3 of the **Criminal Procedure Act 2009**—\n\n\"***youth justice custodial centre*** has the same meaning as it has in the **Youth Justice Act 2024**.\";\n\n(b) for paragraph (d) of the definition of ***in detention*** **substitute**—\n\n\"(d) in custody in a youth justice custodial centre within the meaning of the **Youth Justice Act 2024** in the legal custody of the Secretary to the Department of Justice and Community Safety; or\";\n\n(c) for paragraph (d) of the definition of ***responsible person*** **substitute**—\n\n\"(d) in the case of a youth justice custodial centre within the meaning of the **Youth Justice Act 2024**, the Secretary to the Department of Justice and Community Safety;\";\n\n(d) for paragraph (e) of the definition of ***sentence*** **substitute**—\n\n\"(e) an order made under section 365, 367, 373, 380, 387, 397, 409B, 410 or 412 of the **Children, Youth and Families Act 2005**,  as in force before the repeal of Part 5.3 of that Act, made by the Supreme Court in its original jurisdiction or the County Court in its original jurisdiction; and\n\n(f) an order made under section 245, 249, 269, 273, 280 or 325 of the **Youth Justice Act 2024** made by the Supreme Court in its original jurisdiction or the County Court in its original jurisdiction;\";\n\n(e) in the note at the foot of the definition of ***sentence***, for \"586 of the **Children, Youth and Families Act 2005**\" **substitute** \"241 of the **Youth Justice Act 2024**\";\n\n(f) the definition of ***youth justice centre*** is **repealed**.\n\n","sortOrder":1030},{"sectionNumber":"1039","sectionType":"section","heading":"Time limits for filing a charge-sheet","content":"\t1039 Time limits for filing a charge-sheet\n\nIn the note at the foot of section 7(1) of the **Criminal Procedure Act 2009**, for \"5.1A of Chapter 5 of the **Children, Youth and Families Act 2005**\" **substitute** \"5.1 of Chapter 5 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1031},{"sectionNumber":"1040","sectionType":"section","heading":"Court may issue summons or warrant to arrest","content":"\t1040 Court may issue summons or warrant to arrest\n\nIn the note at the foot of section 12(1) of the **Criminal Procedure Act 2009**, for \"section 345 of the **Children, Youth and Families Act 2005**\" **substitute** \"section 147 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1032},{"sectionNumber":"1041","sectionType":"section","heading":"Police or public official may issue summons","content":"\t1041 Police or public official may issue summons\n\nIn the note at the foot of section 14(1) of the **Criminal Procedure Act 2009**, for \"section 345 of the **Children, Youth and Families Act 2005**\" **substitute** \"section 147 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1033},{"sectionNumber":"1042","sectionType":"section","heading":"Procedure before and on committing accused for trial","content":"\t1042 Procedure before and on committing accused for trial\n\nIn note 2 at the foot of section 144(2)(c) of the **Criminal Procedure Act 2009**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1034},{"sectionNumber":"1043","sectionType":"section","heading":"Court may transfer certain charges to Magistrates' Court or Children's Court","content":"\t1043 Court may transfer certain charges to Magistrates' Court or Children's Court\n\nIn section 168(1)(b)(ii) of the **Criminal Procedure Act 2009**, for \"section 356(3) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 156 of the **Youth Justice Act 2024**\".\n\nS. 1044 substituted by No. 54/2025 s. 23.\n\n","sortOrder":1035},{"sectionNumber":"1044","sectionType":"section","heading":"Charges returned to Children's Court","content":"\t1044 Charges returned to Children's Court\n\n(1) In section 168A(1)(b) of the **Criminal Procedure Act 2009**, for \"section 356(6), (7A) or (7C) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 157A or 157B of the **Youth Justice Act 2024**\".\n\n(2) Section 168A(2)(a) of the **Criminal Procedure Act 2009** is **repealed**.\n\n(3) Section 168A(3) of the **Criminal Procedure Act 2009** is **repealed**.\n\n(4) In section 168A(4) of the **Criminal Procedure Act 2009**, for \"section 356(8A) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 159 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1036},{"sectionNumber":"1045","sectionType":"section","heading":"Release from custody on discontinuance of prosecution","content":"\t1045 Release from custody on discontinuance of prosecution\n\nIn the note at the foot of section 178 of the **Criminal Procedure Act 2009**, for \"483 of the **Children, Youth and Families Act 2005**\" **substitute** \"460 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1037},{"sectionNumber":"1046","sectionType":"section","heading":"Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court","content":"\t1046 Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court\n\nIn section 283(1) of the **Criminal Procedure Act 2009**, in the definition of ***imprisonment***, for \"centre or youth residential centre\" **substitute** \"custodial centre\".\n\n","sortOrder":1038},{"sectionNumber":"1047","sectionType":"section","heading":"Power to adjourn proceeding","content":"\t1047 Power to adjourn proceeding\n\n(1) In note 1 at the foot of section 331(2) of the **Criminal Procedure Act 2009**, after \"justice\" **insert** \"custodial\".\n\n(2) In section 331(7) of the **Criminal Procedure Act 2009**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1039},{"sectionNumber":"1048","sectionType":"section","heading":"Power to return accused to youth justice custodial centre","content":"\t1048 Power to return accused to youth justice custodial centre\n\n(1) In the heading to section 333 of the **Criminal Procedure Act 2009**, after \"**justice**\" **insert** \"**custodial**\".\n\n(2) In section 333(1) of the **Criminal Procedure Act 2009**—\n\n(a) in paragraph (a), after \"justice\" **insert** \"custodial\";\n\n(b) in paragraph (c), for \"Human Services\" **substitute** \"Justice and Community Safety\".\n\n(3) For section 333(3) of the **Criminal Procedure Act 2009 substitute**—\n\n\"(3) This section does not apply if the accused is 18 years of age or over and the court is satisfied—\n\n(a) of any of the following—\n\n(i) the offence charged is serious and violent;\n\n(ii) the accused has threatened or attempted to engage in conduct in a youth justice custodial centre, or in the custody of the Secretary to the Department of Justice and Community Safety, that the court considers to be serious and violent;\n\n(iii) the accused has engaged in conduct that threatens the security or stability of a youth justice custodial centre; and\n\n(b) that the Secretary to the Department of Justice and Community Safety is not reasonably able to safely and appropriately accommodate and support the person in a youth justice custodial centre.\".\n\nS. 1048A inserted by No. 54/2025 s. 29.\n\n","sortOrder":1040},{"sectionNumber":"1048A","sectionType":"section","heading":"New section 465 inserted","content":"\t1048A New section 465 inserted\n\nAt the end of Chapter 10 of the **Criminal Procedure Act 2009** **insert**—\n\n\"465 Transitional provision—Youth Justice Act 2024\n\n(1) On and after the commencement day, section 168A applies in relation to an old charge in the same way that it applies in relation to a charge that the Children's Court has determined, under section 157A or 157B of the Youth Justice Act 2024, not to hear and determine summarily.\n\n***commencement day*** means the day on which section 1044 of the **Youth Justice Act 2024** comes into operation;\n\n***old charge*** means a charge that, before the commencement day, the Children's Court determined, under an old provision, not to hear and determine summarily;\n\n***old provision*** means section 356(6), (7A) or (7C) of the **Children, Youth and Families Act 2005** as in force immediately before the repeal of Part 5.2 of that Act.\".\n\nPart 23.15—Amendment of Drugs, Poisons and Controlled Substances Act 1981\n\n","sortOrder":1041},{"sectionNumber":"1049","sectionType":"section","heading":"Adjourned bonds to be given in certain cases","content":"\t1049 Adjourned bonds to be given in certain cases\n\nIn section 76(3) of the **Drugs, Poisons and Controlled Substances Act 1981**, after \"**2005**\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":1042},{"sectionNumber":"1050","sectionType":"section","heading":"Retention and return of seized items","content":"\t1050 Retention and return of seized items\n\nFor section 80ZB(3)(c) of the **Drugs, Poisons and Controlled Substances Act 1981** **substitute**—\n\n\"(c) the Children's Court cancelled the infringement notice under clause 16 of Schedule 3 to the **Children, Youth and Families Act 2005** before the repeal of that clause by the **Youth Justice Act 2024**; or\n\n(ca) the Children's Court cancels the infringement notice under section 743 of the **Youth Justice Act 2024**; or\".\n\nPart 23.16—Amendment of EastLink Project Act 2004\n\n","sortOrder":1043},{"sectionNumber":"1051","sectionType":"section","heading":"Enforcement of infringement penalty","content":"\t1051 Enforcement of infringement penalty\n\n(1) In section 218(1) of the **EastLink Project Act 2004**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n(2) In section 218(3) of the **EastLink Project Act 2004**—\n\n(b) in paragraph (a) **omit** \"Schedule 3 to\";\n\n(d) in paragraph (c), for \"Schedule\" **substitute** \"Act\".\n\n","sortOrder":1044},{"sectionNumber":"1052","sectionType":"section","heading":"Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone","content":"\t1052 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone\n\n(1) In section 219A(1) of the **EastLink Project Act 2004**, for \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\".\n\n(2) In section 219A(4) of the **EastLink Project Act 2004**, for \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\".\n\n(3) In section 219A(5) of the **EastLink Project Act 2004**—\n\n(a) in paragraphs (a) and (d), for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(b) in paragraph (c), for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"the **Youth Justice Act 2024**\";\n\n(c) in paragraph (d), for \"Schedule\" (where twice occurring) **substitute** \"Chapter\".\n\n(4) In section 219A(7) of the **EastLink Project Act 2004**—\n\n(a) for \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\";\n\n(b) for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\nPart 23.17—Amendment of Education and Training Reform Act 2006\n\n","sortOrder":1045},{"sectionNumber":"1053","sectionType":"section","heading":"Definitions","content":"\t1053 Definitions\n\nIn section 1.1.3(1) of the **Education and Training Reform Act 2006**, in the note at the foot of the definition of ***school boarding premises***, in paragraph (b), for \"centre or a youth residential centre within the meaning of the **Children, Youth and Families Act 2005**\" **substitute** \"custodial centre within the meaning of the **Youth Justice Act 2024**\".\n\nPart 23.18—Amendment of Evidence (Miscellaneous Provisions) Act 1958\n\n","sortOrder":1046},{"sectionNumber":"1054","sectionType":"section","heading":"Definitions","content":"\t1054 Definitions\n\n(1) In section 42C of the **Evidence (Miscellaneous Provisions) Act 1958**, **insert** the following definition—\n\n\"***youth justice sentence*** includes—\n\n(a) the recording of a conviction; and\n\n(b) an order made under Part 5.3 of the **Children, Youth and Families Act 2005** as in force before its repeal by the **Youth Justice Act 2024**, other than—\n\n(ii) an order granting bail made under section 420 of the **Children, Youth and Families Act 2005** as in force before its repeal by the **Youth Justice Act 2024**; and\n\n(c) an order made under Chapter 7 of the **Youth Justice Act 2024** other than—\n\n(ii) an order granting bail made under section 313 of the **Youth Justice Act 2024**; and\n\n(d) an order made under section 11 of the **Sex Offenders Registration Act 2004**; and\n\n(e) an order made under section 84S or 84T of the **Road Safety Act 1986**.\".\n\n(2) In section 42C of the **Evidence (Miscellaneous Provisions) Act 1958**, in the definition of ***child***—\n\n(a) in paragraph (b), for  \"sentence within the meaning of the **Children, Youth and Families Act 2005**\" **substitute** \"youth justice sentence\";\n\n(b) in paragraph (b), for \"breach\" **substitute** \"contravention\";\n\n(c) in paragraph (c), for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n(3) In section 42C of the **Evidence (Miscellaneous Provisions) Act 1958**, in the definition of ***victim***, for \"offence.\" **substitute** \"offence;\".\n\nPart 23.19—Amendment of Family Violence Protection Act 2008\n\n","sortOrder":1047},{"sectionNumber":"1055","sectionType":"section","heading":"Schedule 1—Specified provisions","content":"\t1055 Schedule 1—Specified provisions\n\nAt the end of Schedule 1 to the **Family Violence Protection Act 2008 insert**—\n\n\"10 Section 723(3) of the **Youth Justice Act 2024**\".\n\nPart 23.20—Amendment of Fines Reform Act 2014\n\n","sortOrder":1048},{"sectionNumber":"1056","sectionType":"section","heading":"Definitions","content":"\t1056 Definitions\n\n(1) In section 3 of the **Fines Reform Act 2014**, for the definition of ***child* substitute**—\n\n\"***child*** means a person who is under 18 years of age at the time of the alleged commission of an infringement offence but does not include any person who is 19 years of age or over when—\n\n(a) an infringement penalty is registered under section 16; or\n\n(b) the enforcement agency gives the registration document and registration certificate (both within the meaning of the **Youth Justice Act 2024**) in relation to that person to a registrar under section 725(1) of the **Youth Justice Act 2024**;\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n(2) In section 3 of the **Fines Reform Act 2014**, in the definition of ***fine related sentence***, for \"training\" **substitute** \"justice custodial\".\n\n(3) In section 3 of the **Fines Reform Act 2014**, in the definition of ***non-fine related sentence***, for \"training\" **substitute** \"justice custodial\".\n\n(4) In section 3 of the **Fines Reform Act 2014**, in the definition of ***work and development permit guidelines***, for \"10L.\" **substitute** \"10L;\".\n\n(5) In section 3 of the **Fines Reform Act 2014 insert** the following definition—\n\n\"***youth justice custodial centre*** has the same meaning as it has in the **Youth Justice Act 2024**.\".\n\n","sortOrder":1049},{"sectionNumber":"1057","sectionType":"section","heading":"Application for work and development permit","content":"\t1057 Application for work and development permit\n\nIn section 10B(2)(f) of the **Fines Reform Act 2014**, for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1050},{"sectionNumber":"1058","sectionType":"section","heading":"Work and development permit may extend period for commencing proceeding for offence","content":"\t1058 Work and development permit may extend period for commencing proceeding for offence\n\nIn section 10FA(2) of the **Fines Reform Act 2014**, for \"344A of the **Children, Youth and Families Act 2005**\" **substitute** \"148 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1051},{"sectionNumber":"1059","sectionType":"section","heading":"Part does not apply to children","content":"\t1059 Part does not apply to children\n\nIn the note at the foot of section 11 of the **Fines Reform Act 2014**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1052},{"sectionNumber":"1060","sectionType":"section","heading":"Person may apply for payment arrangement","content":"\t1060 Person may apply for payment arrangement\n\n(1) In section 42(5) of the **Fines Reform Act 2014**, for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n(2) In section 42(6) of the **Fines Reform Act 2014**, after  \"**2005**\" **insert** \"(as in force before its repeal by the **Youth Justice Act 2024**) or under Division 5 of Part 7.7 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1053},{"sectionNumber":"1061","sectionType":"section","heading":"Payment arrangement may extend period for commencing a proceeding for offence","content":"\t1061 Payment arrangement may extend period for commencing a proceeding for offence\n\nIn section 55(2) of the **Fines Reform Act 2014**, for \"344A of the **Children, Youth and Families Act 2005**\" **substitute** \"148 of the **Youth Justice Act 2024**\".\n\nPart 23.21—Amendment of Graffiti Prevention Act 2007\n\n","sortOrder":1054},{"sectionNumber":"1062","sectionType":"section","heading":"Forfeiture of graffiti implements","content":"\t1062 Forfeiture of graffiti implements\n\nIn section 24(2)(d) of the **Graffiti Prevention Act 2007**, for \"an enforcement order under Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"a CAYPINS enforcement order under Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1055},{"sectionNumber":"1063","sectionType":"section","heading":"Return of seized items when no proceedings brought etc.","content":"\t1063 Return of seized items when no proceedings brought etc.\n\nIn section 25(1)(d)(ii) of the **Graffiti Prevention Act 2007**, for \"clause 16 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"section 743 of the **Youth Justice Act 2024**\".\n\nPart 23.22—Amendment of Independent Broad-based Anti-corruption Commission Act 2011\n\n","sortOrder":1056},{"sectionNumber":"1064","sectionType":"section","heading":"Definitions","content":"\t1064 Definitions\n\nIn section 3(1) of the **Independent Broad-based Anti-corruption Commission Act 2011**, for paragraph (c) of the definition of ***detained person* substitute**—\n\n\"(c) a person in a youth justice custodial centre in the legal custody of the Secretary to the Department of Justice and Community Safety under the **Youth Justice Act 2024**; or\".\n\nPart 23.23—Amendment of Infringements Act 2006\n\n","sortOrder":1057},{"sectionNumber":"1065","sectionType":"section","heading":"Definitions","content":"\t1065 Definitions\n\nIn section 3(1) of the **Infringements Act 2006**, for the definition of ***child*** **substitute**—\n\n\"***child*** means a person who is under 18 years of age at the time of the alleged commission of an infringement offence but does not include any person who is 19 years of age or over when—\n\n(a) an infringement penalty is registered under section 16 of the **Fines Reform Act 2014**; or\n\n(b) the enforcement agency gives the registration document and registration certificate (both within the meaning of the **Youth Justice Act 2024**) in relation to that person to a registrar under section 725(1) of the **Youth Justice Act 2024**;\n\nIt is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":1058},{"sectionNumber":"1066","sectionType":"section","heading":"Infringement offences to which this Act applies","content":"\t1066 Infringement offences to which this Act applies\n\nIn section 7(3) of the **Infringements Act 2006**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n","sortOrder":1059},{"sectionNumber":"1067","sectionType":"section","heading":"Forms of infringement notice","content":"\t1067 Forms of infringement notice\n\nIn section 13(b)(ii) of the **Infringements Act 2006**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n","sortOrder":1060},{"sectionNumber":"1068","sectionType":"section","heading":"Late payment","content":"\t1068 Late payment\n\nIn section 15(b)(ii) of the **Infringements Act 2006**, for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1061},{"sectionNumber":"1069","sectionType":"section","heading":"Person may elect to have matter heard in Court or Children's Court","content":"\t1069 Person may elect to have matter heard in Court or Children's Court\n\nIn section 16(3)(a) of the **Infringements Act 2006**—\n\n(a) for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(b) for \"an enforcement order under that Schedule\" **substitute** \"a CAYPINS enforcement order or a CAYPINS cancellation order within the meaning of that Act\".\n\n","sortOrder":1062},{"sectionNumber":"1070","sectionType":"section","heading":"Enforcement agency can refer matter to Court or Children's Court","content":"\t1070 Enforcement agency can refer matter to Court or Children's Court\n\nIn section 17(3)(a) of the **Infringements Act 2006**—\n\n(a) for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(b) for \"an enforcement order under that Schedule\" **substitute** \"a CAYPINS enforcement order or a CAYPINS cancellation order within the meaning of that Act\".\n\n","sortOrder":1063},{"sectionNumber":"1071","sectionType":"section","heading":"Withdrawal of infringement notice","content":"\t1071 Withdrawal of infringement notice\n\nIn section 18(1)(b) of the **Infringements Act 2006**—\n\n(a) for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(b) for \"an enforcement order under that Schedule\" **substitute** \"a CAYPINS enforcement order or a CAYPINS cancellation order within the meaning of that Act\".\n\n","sortOrder":1064},{"sectionNumber":"1072","sectionType":"section","heading":"Application for internal review","content":"\t1072 Application for internal review\n\nIn section 22(2)(a)(i)(B) of the **Infringements Act 2006**, for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1065},{"sectionNumber":"1073","sectionType":"section","heading":"Decision to go to Court","content":"\t1073 Decision to go to Court\n\n(1) In section 40(4) of the **Infringements Act 2006**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n(2) In the note at the foot of section 40(4) of the **Infringements Act 2006**, for \"section 344A of the **Children, Youth and Families Act 2005** and clause 17 of Schedule 3 to that Act\" **substitute** \"sections 148 and 744 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1066},{"sectionNumber":"1074","sectionType":"section","heading":"Extension of time for commencement of proceedings if work and development permit cancelled","content":"\t1074 Extension of time for commencement of proceedings if work and development permit cancelled\n\nIn section 41A(1)(c) of the **Infringements Act 2006**, for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1067},{"sectionNumber":"1075","sectionType":"section","heading":"Payment plans available in certain circumstances","content":"\t1075 Payment plans available in certain circumstances\n\nIn section 46(2)(a)(ii) of the **Infringements Act 2006**, for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1068},{"sectionNumber":"1076","sectionType":"section","heading":"Payment plans may extend period for commencing proceedings for offence","content":"\t1076 Payment plans may extend period for commencing proceedings for offence\n\nIn section 53(2) of the **Infringements Act 2006**, for \"section 344A of the **Children, Youth and Families Act 2005**\" **substitute** \"section 148 of the **Youth Justice Act 2024**\".\n\nPart 23.24—Amendment of Judicial Commission of Victoria Act 2016\n\n","sortOrder":1069},{"sectionNumber":"1077","sectionType":"section","heading":"Definitions","content":"\t1077 Definitions\n\nIn section 3(1) of the **Judicial Commission of Victoria Act 2016**, in the definition of ***prison***, for paragraph (b) **substitute**—\n\n\"(b) a youth justice custodial centre within the meaning of the **Youth Justice Act 2024**;\".\n\nPart 23.25—Amendment of Jury Directions Act 2015\n\n","sortOrder":1070},{"sectionNumber":"1078","sectionType":"section","heading":"Application of Act to criminal proceedings without juries","content":"\t1078 Application of Act to criminal proceedings without juries\n\nIn section 4A(1)(c) of the **Jury Directions Act 2015**, for \"Part 5.4 of the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 8 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1071},{"sectionNumber":"1079","sectionType":"section","heading":"Jury Directions and Other Acts Amendment Act 2017","content":"\t1079 Jury Directions and Other Acts Amendment Act 2017\n\nAfter clause 4(3) of Schedule 1 to the **Jury Directions Act 2015** **insert**—\n\n\"(4) On and after the commencement of Chapter 8 of the **Youth Justice Act 2024**, the reference in the definition of ***specified day*** to Part 5.4 of the **Children, Youth and Families Act 2005** is taken to include a reference to Chapter 8 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":1072},{"sectionNumber":"1080","sectionType":"section","heading":"Victims and Other Legislation Amendment Act 2018","content":"\t1080 Victims and Other Legislation Amendment Act 2018\n\nAfter clause 5(2) of Schedule 1 to the **Jury Directions Act 2015** **insert**—\n\n\"(3) On and after the commencement of Chapter 8 of the **Youth Justice Act 2024**, the reference in the definition of ***specified day*** to Part 5.4 of the **Children, Youth and Families Act 2005** is taken to include a reference to Chapter 8 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":1073},{"sectionNumber":"1081","sectionType":"section","heading":"Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022","content":"\t1081 Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022\n\nAfter clause 6(5) of Schedule 1 to the **Jury Directions Act 2015 insert**—\n\n\"(6) On and after the commencement of Chapter 8 of the **Youth Justice Act 2024**, the reference in the definition of ***specified day*** to Part 5.4 of the **Children, Youth and Families Act 2005** is taken to include a reference to Chapter 8 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":1074},{"sectionNumber":"1082","sectionType":"section","heading":"Justice Legislation Amendment Act 2023","content":"\t1082 Justice Legislation Amendment Act 2023\n\nAfter clause 7(3) of Schedule 1 to the **Jury Directions Act 2015 insert**—\n\n\"(4) On and after the commencement of Chapter 8 of the **Youth Justice Act 2024**, the reference in the definition of ***specified day*** to Part 5.4 of the **Children, Youth and Families Act 2005** is taken to include a reference to Chapter 8 of the **Youth Justice Act 2024**.\".\n\nPart 23.26—Amendment of Magistrates' Court Act 1989\n\n","sortOrder":1075},{"sectionNumber":"1083","sectionType":"section","heading":"Definitions","content":"\t1083 Definitions\n\n(1) In section 3(1) of the **Magistrates' Court Act 1989**—\n\n(b) in the definition of ***process***, after \"justice\" **insert** \"custodial\";\n\n(c) the definitions of ***Department***, ***Secretary*** and ***youth justice centre*** are **repealed**.\n\n(2) Section 3(2) of the **Magistrates' Court Act 1989** is **repealed**.\n\n","sortOrder":1076},{"sectionNumber":"1084","sectionType":"section","heading":"Updated references to Department and Secretary","content":"\t1084 Updated references to Department and Secretary\n\n(1) In section 70(c) of the **Magistrates' Court Act 1989**, after \"Justice\" **insert** \"and Community Safety\".\n\n(2) In section 79(1)(d)(iii) of the **Magistrates' Court Act 1989**, for \"Human Services\" **substitute** \"Justice and Community Safety\".\n\n(3) In section 81 of the **Magistrates' Court Act 1989**—\n\n(a) in paragraph (a) for \"Human Services\" **substitute** \"Justice and Community Safety\";\n\n(b) in paragraph (b), after \"Justice\" **insert** \"and Community Safety\".\n\n(4) In section 82(2) of the **Magistrates' Court Act 1989**—\n\n(a) after \"Justice\" **insert** \"and Community Safety\";\n\n(b) **omit** \"or the Secretary to the Department of Human Services\".\n\n","sortOrder":1077},{"sectionNumber":"1085","sectionType":"section","heading":"Power to complete matters—magistrates and reserve magistrates","content":"\t1085 Power to complete matters—magistrates and reserve magistrates\n\nIn section 9EA(8)(a) of the **Magistrates' Court Act 1989**, after \"**2005**\" **insert** \"or the **Youth Justice Act 2024**\".\n\n","sortOrder":1078},{"sectionNumber":"1086","sectionType":"section","heading":"Rules of Court","content":"\t1086 Rules of Court\n\nIn section 16I(b)(i) of the **Magistrates' Court Act 1989**, for \"youth justice centre  or youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1079},{"sectionNumber":"1087","sectionType":"section","heading":"Extent of jurisdiction","content":"\t1087 Extent of jurisdiction\n\nFor section 25(3)(b) of the **Magistrates' Court Act 1989** **substitute**—\n\n\"(b) the accused who is a child is charged with an indictable offence that is not to be heard and determined summarily for a reason specified in section 156(1) of the **Youth Justice Act 2024**; and\".\n\n","sortOrder":1080},{"sectionNumber":"1088","sectionType":"section","heading":"Warrants","content":"\t1088 Warrants\n\n(1) In section 57(1)(f) of the **Magistrates' Court Act 1989**, after \"justice\" **insert** \"custodial\".\n\n(2) In section 57(7B) of the **Magistrates' Court Act 1989**—\n\n(a) for \"youth justice centre or a youth residential centre\" **substitute** \"youth justice custodial centre\";\n\n(b) for \"sections 430(4), 430C(5) and 430D(1A) of the **Children, Youth and Families Act 2005**\" **substitute** \"sections 341, 344 and 345 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1081},{"sectionNumber":"1089","sectionType":"section","heading":"Recall and cancellation of warrant","content":"\t1089 Recall and cancellation of warrant\n\nIn section 58(2) of the **Magistrates' Court Act 1989**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1082},{"sectionNumber":"1090","sectionType":"section","heading":"Duplicate warrants","content":"\t1090 Duplicate warrants\n\n(1) In section 59(4) of the **Magistrates' Court Act 1989**, after \"justice\" (where twice occurring) **insert** \"custodial\".\n\n(2) In section 59(5) of the **Magistrates' Court Act 1989**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1083},{"sectionNumber":"1091","sectionType":"section","heading":"Effect of defect or error in certain warrants","content":"\t1091 Effect of defect or error in certain warrants\n\nIn section 60(1) of the **Magistrates' Court Act 1989**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1084},{"sectionNumber":"1092","sectionType":"section","heading":"Provisions extend to detention in youth justice centre","content":"\t1092 Provisions extend to detention in youth justice centre\n\n(1) In the heading to section 72 of the **Magistrates' Court Act 1989**, after \"**justice**\" **insert** \"**custodial**\".\n\n(2) In section 72 of the **Magistrates' Court Act 1989**—\n\n(b) for \"youth justice centre or a youth residential centre\" (where twice occurring) **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1085},{"sectionNumber":"1093","sectionType":"section","heading":"Directions in, and authority of, remand warrant","content":"\t1093 Directions in, and authority of, remand warrant\n\nIn section 81(a) of the **Magistrates' Court Act 1989**, for \"youth justice centre\" **substitute** \"youth justice custodial centre\".\n\nS. 1094 amended by No. 54/2025 s. 30.\n\n","sortOrder":1086},{"sectionNumber":"1094","sectionType":"section","heading":"New clause 59A of Schedule 8 inserted","content":"\t1094 New clause 59A of Schedule 8 inserted\n\nAfter clause 59 of Schedule 8 to the **Magistrates' Court Act 1989 insert**—\n\n\"59A Transitional—Youth Justice Act 2024\n\nThe amendment made to section 25 by the **Youth Justice Act 2024** applies to a committal hearing commenced on or after the commencement of that amendment.\".\n\nPart 23.27—Amendment of Major Crime (Investigative Powers) Act 2004\n\n","sortOrder":1087},{"sectionNumber":"1095","sectionType":"section","heading":"Definitions","content":"\t1095 Definitions\n\nIn section 3 of the **Major Crime (Investigative Powers) Act 2004**, in the definition of ***prison***, for \"centre established under section 478 of the **Children, Youth and Families Act 2005**\" **substitute** \"custodial centre within the meaning of the **Youth Justice Act 2024**\".\n\nPart 23.28—Amendment of Melbourne City Link Act 1995\n\n","sortOrder":1088},{"sectionNumber":"1096","sectionType":"section","heading":"Application of Infringements Act 2006 or Fines Reform Act 2014 procedure","content":"\t1096 Application of Infringements Act 2006 or Fines Reform Act 2014 procedure\n\n(1) In section 86(1) of the **Melbourne City Link Act 1995**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n(2) In section 86(2) of the **Melbourne City Link Act 1995**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n(3) In section 86(4) of the **Melbourne City Link Act 1995**—\n\n(b) in paragraph (a), **omit** \"Schedule 3 to\";\n\n(d) in paragraph (c), for \"Schedule\" **substitute** \"Act\".\n\n","sortOrder":1089},{"sectionNumber":"1097","sectionType":"section","heading":"Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone","content":"\t1097 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone\n\n(1) In section 87A(1) and (4) of the **Melbourne City Link Act 1995**, for  \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\".\n\n(2) In section 87A(5) of the **Melbourne City Link Act 1995**—\n\n(a) in paragraph (a), for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(b) in paragraph (d), for \"and prescribed costs within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"within the meaning of the **Youth Justice Act** **2024** and any prescribed fee, cost or charge payable in relation to that infringement penalty or part infringement penalty under the **Youth Justice Act 2024**\";\n\n(c) in paragraph (e), for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(d) in paragraph (e), for \"Schedule\" (where twice occurring) **substitute** \"Chapter\".\n\n(3) In section 87A(7) of the **Melbourne City Link Act 1995**—\n\n(a) for  \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\";\n\n(b) for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\nPart 23.29—Amendment of Mental Health and Wellbeing Act 2022\n\n","sortOrder":1090},{"sectionNumber":"1098","sectionType":"section","heading":"Definitions","content":"\t1098 Definitions\n\n(1) In section 3(1) of the **Mental Health and Wellbeing Act 2022**, in the definition of ***custodial setting***, in paragraph (b), for \"remand centre, youth residential centre or youth justice\" **substitute** \"youth justice custodial\".\n\n(2) In section 3(1) of the **Mental Health and Wellbeing Act 2022**, the definitions of ***remand centre***, ***youth justice centre*** and ***youth residential centre*** are **repealed**.\n\n(3) In section 3(1) of the **Mental Health and Wellbeing Act 2022 insert** the following definitions—\n\n\"***Commissioner for Youth Justice*** has the same meaning as in the **Youth Justice Act 2024**;\n\n***youth justice custodial centre*** has the same meaning as in the **Youth Justice Act 2024**;\".\n\n(4) In section 3(1) of the **Mental Health and Wellbeing Act 2022**, in the definition of ***Youth Mental Health and Wellbeing Victoria***, for \"673;\" **substitute** \"673.\".\n\n","sortOrder":1091},{"sectionNumber":"1099","sectionType":"section","heading":"Effect of detention in custody on certain orders","content":"\t1099 Effect of detention in custody on certain orders\n\nIn section 227(4)(b) of the **Mental Health and Wellbeing Act 2022**, for \"remand centre, youth justice centre or youth residential\" **substitute** \"youth justice custodial\".\n\n","sortOrder":1092},{"sectionNumber":"1100","sectionType":"section","heading":"Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances","content":"\t1100 Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances\n\nFor section 284(2) of the **Mental Health and Wellbeing Act 2022 substitute**—\n\n\"(2) The chief psychiatrist must give the Principal Commissioner (within the meaning of the **Commission for Children and Young People Act 2012**) a copy of an outcome report and any response under section 281 if the report relates to the provision of mental health and wellbeing services provided in a youth justice custodial centre.\".\n\n","sortOrder":1093},{"sectionNumber":"1101","sectionType":"section","heading":"Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances","content":"\t1101 Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances\n\nFor section 293(2) of the **Mental Health and Wellbeing Act 2022 substitute**—\n\n\"(2) The chief psychiatrist must give the Principal Commissioner (within the meaning of the **Commission for Children and Young People Act 2012**) a copy of a clinical review report and any response prepared by a clinical mental health service provider under section 290 if the report relates to the provision of mental health and wellbeing services provided in a youth justice custodial centre.\".\n\n","sortOrder":1094},{"sectionNumber":"1102","sectionType":"section","heading":"Powers of entry","content":"\t1102 Powers of entry\n\n(1) For section 297(2)(b) of the **Mental Health and Wellbeing Act 2022** **substitute**—\n\n(2) For section 297(3)(b) of the **Mental Health and Wellbeing Act 2022** **substitute**—\n\n","sortOrder":1095},{"sectionNumber":"1103","sectionType":"section","heading":"Powers of entry to the premises of a mental health and wellbeing service provider","content":"\t1103 Powers of entry to the premises of a mental health and wellbeing service provider\n\n(1) For section 496(2)(b) of the **Mental Health and Wellbeing Act 2022** **substitute**—\n\n(2) For section 496(3)(b) of the **Mental Health and Wellbeing Act 2022** **substitute**—\n\n","sortOrder":1096},{"sectionNumber":"1104","sectionType":"section","heading":"Construction of references","content":"\t1104 Construction of references\n\nIn section 533(b)(i) of the **Mental Health and Wellbeing Act 2022**, for \"remand centre, youth residential centre or youth justice\" **substitute** \"youth justice custodial\".\n\nPart 23.30—Amendment of Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022\n\n","sortOrder":1097},{"sectionNumber":"1105","sectionType":"section","heading":"Meaning of *place of detention*","content":"\t1105 Meaning of *place of detention*\n\n(1) For section 4(1)(f) of the **Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022 substitute**—\n\n\"(f) a youth justice custodial centre within the meaning of the **Youth Justice Act 2024**;\".\n\n(2) After section 4(1)(h) of the **Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022** **insert**—\n\n\"(ha) any place at which a person deemed under the **Youth Justice Act 2024** to be in the legal custody of the Chief Commissioner of Police, a police officer or a youth justice custodial officer (within the meaning of that Act) is detained;\".\n\nPart 23.31—Amendment of North East Link Act 2020\n\n","sortOrder":1098},{"sectionNumber":"1106","sectionType":"section","heading":"Definitions","content":"\t1106 Definitions\n\nIn section 3 of the **North East Link Act 2020**, for the definition of ***Children's Court registrar*** **substitute**—\n\n\"***Children's Court registrar*** means a registrar of the Children's Court within the meaning of section 3(1) of the **Youth Justice Act 2024**;\".\n\n","sortOrder":1099},{"sectionNumber":"1107","sectionType":"section","heading":"Section 88 amended","content":"\t1107 Section 88 amended\n\n(1) In the heading to section 88 of the **North East Link Act 2020**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n(2) In section 88(1) of the **North East Link Act 2020**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n(3) In section 88(2) of the **North East Link Act 2020**—\n\n(b) in paragraph (a), **omit** \"Schedule 3 to\";\n\n(c) in paragraphs (b) and (c), for \"Schedule\" **substitute** \"Act\";\n\n","sortOrder":1100},{"sectionNumber":"1108","sectionType":"section","heading":"Granting extension of time","content":"\t1108 Granting extension of time\n\n(1) In section 91(1)(a), (d) and (e) of the **North East Link Act 2020**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n(2) In section 91(3) of the **North East Link Act 2020**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\nPart 23.32—Amendment of Prisoners (Interstate Transfer) Act 1983\n\n","sortOrder":1101},{"sectionNumber":"1109","sectionType":"section","heading":"Definitions","content":"\t1109 Definitions\n\nIn section 4 of the **Prisoners (Interstate Transfer) Act 1983**, in the definition of ***State sentence of imprisonment***—\n\n(a) paragraph (a) is **repealed**;\n\n(b) for paragraph (b) **substitute**—\n\n\"(b) in a youth justice custodial centre within the meaning of the **Youth Justice Act 2024**; or\".\n\nPart 23.33—Amendment of Privacy and Data Protection Act 2014\n\n","sortOrder":1102},{"sectionNumber":"1110","sectionType":"section","heading":"Definitions","content":"\t1110 Definitions\n\nIn section 3 of the **Privacy and Data Protection Act 2014**, in the definition of ***law enforcement agency***, in paragraph (m), for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\nPart 23.34—Amendment of Public Health and Wellbeing Act 2008\n\n","sortOrder":1103},{"sectionNumber":"1111","sectionType":"section","heading":"Application to be made before certain enforcement related events","content":"\t1111 Application to be made before certain enforcement related events\n\nIn section 165D(g) of the **Public Health and Wellbeing Act 2008**, for \"clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\nPart 23.35—Amendment of Road Safety Act 1986\n\n","sortOrder":1104},{"sectionNumber":"1112","sectionType":"section","heading":"Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court","content":"\t1112 Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court\n\nIn section 29(1A) of the **Road Safety Act 1986**, for \"Division 1 of Part 5.4 of Chapter 5 of the **Children, Youth and Families Act 2005**\" **substitute** \"Part 8.1 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1105},{"sectionNumber":"1113","sectionType":"section","heading":"Extension of time if no actual notice for certain traffic infringements","content":"\t1113 Extension of time if no actual notice for certain traffic infringements\n\n(1) In section 67(1) and (4) of the **Road Safety Act 1986**, for \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\".\n\n(2) In section 67(5) of the **Road Safety Act 1986**—\n\n(a) in paragraphs (a) and (g), for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(b) in paragraph (e), for \"and prescribed costs within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"within the meaning of the **Youth Justice Act** **2024** and any prescribed fee, cost or charge payable in relation to that infringement penalty or part infringement penalty under the **Youth Justice Act 2024**\";\n\n(c) in paragraph (g), for \"Schedule\" (where twice occurring) **substitute** \"Chapter\".\n\n(3) In section 67(6)(c) of the **Road Safety Act 1986**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n(4) In section 67(7) of the **Road Safety Act 1986**—\n\n(a) for  \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\";\n\n(b) for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1106},{"sectionNumber":"1114","sectionType":"section","heading":"When order takes effect","content":"\t1114 When order takes effect\n\nAfter section 84ZB(1)(b)(i) of the **Road Safety Act 1986 insert**—\n\n\"(ia) a sentence under the **Youth Justice Act 2024**; or\".\n\n","sortOrder":1107},{"sectionNumber":"1115","sectionType":"section","heading":"Traffic infringements","content":"\t1115 Traffic infringements\n\nIn section 88(3AA)(b) of the **Road Safety Act 1986**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1108},{"sectionNumber":"1116","sectionType":"section","heading":"Extension of time to object if no actual notice","content":"\t1116 Extension of time to object if no actual notice\n\n(1) In section 89B(1) and (2) of the **Road Safety Act 1986**, for  \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\".\n\n(2) In section 89B(3) of the **Road Safety Act 1986**—\n\n(a) for  \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\";\n\n(b) in paragraph (d), for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(c) in paragraph (d), for \"Schedule\" **substitute** \"Chapter\".\n\n","sortOrder":1109},{"sectionNumber":"1117","sectionType":"section","heading":"Extension of time to lodge statement under section 84BE","content":"\t1117 Extension of time to lodge statement under section 84BE\n\n(1) In section 89BA(1) and (4) of the **Road Safety Act 1986**, for  \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\".\n\n(2) In section 89BA(5) of the **Road Safety Act 1986**—\n\n(a) for  \"(within the meaning of Schedule 3 to the **Children, Youth and Families Act 2005**) of the Children's Court\" **substitute** \"of the Children's Court (within the meaning of the **Youth Justice Act 2024**)\";\n\n(b) in paragraph (e), for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\";\n\n(c) in paragraph (e), for \"Schedule\" **substitute** \"Chapter\".\n\n","sortOrder":1110},{"sectionNumber":"1118","sectionType":"section","heading":"Application and modification of Schedule 3 to the Children, Youth and Families Act 2005","content":"\t1118 Application and modification of Schedule 3 to the Children, Youth and Families Act 2005\n\n(1) In the heading to section 89F of the **Road Safety Act 1986**, for \"**Schedule 3 to the Children, Youth and Families Act 2005**\" **substitute** \"**Chapter 17 of the Youth Justice Act 2024**\".\n\n(2) In section 89F(1) of the **Road Safety Act 1986**—\n\n(a) for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"the **Youth Justice Act 2024**\";\n\n(b) for paragraphs (a) and (b) **substitute**—\n\n\"(a) section 725(2)(g) and (i);\n\n(b) section 738(1)(a) and (b).\".\n\n(3) In section 89F(2) of the **Road Safety Act 1986**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\nPart 23.36—Amendment of Sentencing Act 1991\n\n","sortOrder":1111},{"sectionNumber":"1119","sectionType":"section","heading":"Definitions","content":"\t1119 Definitions\n\nIn section 3(1) of the **Sentencing Act 1991**—\n\n\"***youth justice custodial worker*** has the same meaning as in the **Youth Justice Act 2024**.\";\n\n(b) for the definition of ***youth justice centre order*** **substitute**—\n\n\"***youth justice custodial order*** means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth justice custodial centre;\";\n\n(c) for the definition of ***youth justice centre* substitute**—\n\n\"***youth justice custodial centre***  has the same meaning as in the **Youth Justice Act 2024**;\";\n\n(d) in the definition of ***detention***, for \"centre or youth residential\" **substitute** \"custodial\";\n\n(e) in the definition of ***secure custody facility***, in paragraph (b), after \"justice\" **insert** \"custodial\";\n\n(f) the definitions of ***youth residential centre*** and ***youth residential centre order*** are **repealed**.\n\n","sortOrder":1112},{"sectionNumber":"1120","sectionType":"section","heading":"Definitions for purposes of this Part","content":"\t1120 Definitions for purposes of this Part\n\nIn section 6B(2) of the **Sentencing Act 1991**—\n\n(a) in the definition of ***serious arson offender***, after \"justice\" **insert** \"custodial\";\n\n(b) in the definition of ***serious drug offender***, after \"justice\" **insert** \"custodial\";\n\n(c) in the definition of ***serious sexual offender***, after \"justice\" (wherever occurring) **insert** \"custodial\";\n\n(d) in the definition of ***serious violent offender***, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1113},{"sectionNumber":"1121","sectionType":"section","heading":"Sentences","content":"\t1121 Sentences\n\nIn section 7(1) of the **Sentencing Act 1991**—\n\n(a) in paragraph (d), after \"justice\" **insert** \"custodial\";\n\n(b) paragraph (da) is **repealed**.\n\n","sortOrder":1114},{"sectionNumber":"1122","sectionType":"section","heading":"Court may order pre-sentence report","content":"\t1122 Court may order pre-sentence report\n\n(1) In section 8A(2) of the **Sentencing Act 1991**, for \"community correction order, a youth justice centre order or a youth residential centre order\" **substitute** \"community correction order or a youth justice custodial order\".\n\n(2) In section 8A(4)(a) of the **Sentencing Act 1991**—\n\n(a) for \"Human Services\" **substitute** \"Justice and Community Safety\";\n\n(b) for \"a youth justice centre order or a youth residential centre order\" **substitute** \"a youth justice custodial order\".\n\n\t1123 Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty\n\n(1) In section 10AA(2) of the **Sentencing Act 1991**, for \"centre\" **substitute** \"custodial\".\n\n(2) In Table 2 at the foot of section 10AA(2) of the **Sentencing Act 1991**, after \"*justice*\" **insert** \"*custodial*\".\n\n(3) In section 10AA(7) of the **Sentencing Act 1991**, for \"centre\" **substitute** \"custodial\".\n\n(4) In section 10AA(8) of the **Sentencing Act 1991**—\n\n(a) in the definition of ***hospital***, for \"**1988**;\" **substitute** \"**1988**.\";\n\n(b) the definition of ***youth justice custodial worker*** is **repealed**.\n\n","sortOrder":1115},{"sectionNumber":"1124","sectionType":"section","heading":"Sentences—whether concurrent or cumulative","content":"\t1124 Sentences—whether concurrent or cumulative\n\n(1) In section 16(1) of the **Sentencing Act 1991**, for \"youth justice centre or youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n(2) In section 16(2)(a) of the **Sentencing Act 1991**, for \"youth justice centre or youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n(3) In section 16(3) of the **Sentencing Act 1991**, for \"youth justice centre or youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1116},{"sectionNumber":"1125","sectionType":"section","heading":"Commencement of sentences","content":"\t1125 Commencement of sentences\n\n(1) In section 17(5) of the **Sentencing Act 1991**, for \"youth justice centre or youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n(2) In section 17(6) of the **Sentencing Act 1991**, for \"youth justice centre or youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1117},{"sectionNumber":"1126","sectionType":"section","heading":"Service in a secure custody facility","content":"\t1126 Service in a secure custody facility\n\nIn section 18ZM(2)(b) of the **Sentencing Act 1991**, after \"justice\" **insert** \"custodial\".\n\n","sortOrder":1118},{"sectionNumber":"1127","sectionType":"section","heading":"Heading to Subdivision (4) of Division 2 of Part 3 amended","content":"\t1127 Heading to Subdivision (4) of Division 2 of Part 3 amended\n\nIn the heading to Subdivision (4) of Division 2 of Part 3 of the **Sentencing Act 1991**, for  \"**Youth justice centre orders and youth residential centre orders**\" **substitute** \"**Youth justice custodial orders**\".\n\n","sortOrder":1119},{"sectionNumber":"1128","sectionType":"section","heading":"Youth justice custodial orders","content":"\t1128 Youth justice custodial orders\n\n(1) For the heading to section 32 of the **Sentencing Act 1991** **substitute**—\n\n\"**Youth justice custodial orders**\".\n\n(2) For section 32(1), (2), (2A) and (2B) of the **Sentencing Act 1991 substitute**—\n\n\"(1) Subject to subsections (2C), (2D) and (2E), if a sentence involving confinement is justified in respect of a young offender, a court may make a youth justice custodial order if—\n\n(a) it has received a pre-sentence report and it believes—\n\n(i) that there are reasonable prospects for the rehabilitation of the young offender; or\n\n(ii) that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison; and\n\n(b) it has had regard to the matters in subsection (2).\n\n(2) The matters are—\n\n(a) the nature of the offence; and\n\n(b) the age, character and past history of the young offender; and\n\n(c) in respect of a young offender who was 18 years of age or over at the time of the commission of the offence, the extent to which—\n\n(i) the young offender is suited to living in a lower-security custodial environment that supports semi-independent living; and\n\n(ii) the young offender may pose a risk of harm to others or be disruptive to the safety of any person in a youth justice custodial centre, or the security or stability of a youth justice custodial centre; and\n\n(iii) the Secretary is reasonably able to safely and appropriately accommodate and support the young offender in a youth justice custodial centre.\".\n\n(3) In section 32(2C) of the **Sentencing Act 1991**—\n\n(a) after \"offender\" (where first occurring) **insert** \"(other than a young offender who is a child within the meaning of the **Youth Justice Act 2024**)\";\n\n(b) for \"a youth justice centre order or a youth residential centre order\" **substitute** \"a youth justice custodial order\".\n\n(4) In section 32(2D) of the **Sentencing Act 1991**—\n\n(a) in paragraph (a), after \"offender\" (where first occurring) **insert** \"(other than a young offender who is a child within the meaning of the **Youth Justice Act 2024**)\";\n\n(b) for  \"a youth justice centre order or a youth residential centre order\" **substitute** \"a youth justice custodial order\".\n\n(5) After section 32(2D) of the **Sentencing Act 1991 insert**—\n\n\"(2E) Despite subsection (1), (2C) or (2D), a court must not make a youth justice custodial order if the court is reasonably satisfied that the young offender has previously—\n\n(a) engaged in conduct that caused serious harm to, or posed a risk of serious harm to, the health, wellbeing or safety of any other person in a youth justice custodial centre or when otherwise in the custody of the Secretary; or\n\n(b) engaged in conduct or incited conduct that was seriously or repeatedly disruptive so as to adversely impact the security or stability of a youth justice custodial centre.\".\n\n(6) In section 32(3) of the **Sentencing Act 1991**, for \"youth justice centre or youth residential centre\" **substitute** \"youth justice custodial centre\".\n\n","sortOrder":1120},{"sectionNumber":"1129","sectionType":"section","heading":"New section 32AA inserted","content":"\t1129 New section 32AA inserted\n\nAfter section 32 of the **Sentencing Act 1991 insert**—\n\n\"32AA Court not to impose a sentence of detention on young offender who was under 14 years of age at time of offence other than in certain circumstances\n\n(1) A court must not impose a sentence of detention on a young offender who it finds guilty of an offence if, at the time the offence was committed, the young offender was under 14 years of age.\n\n(2) Despite subsection (1), a court may make any order under this Act, including imposing a sentence of detention, if—\n\n(a) the offence is—\n\n(i) a Category A serious youth offence; or\n\n(ii) a Category B serious youth offence; or\n\n(iii) any other offence against the person that the court considers to be serious and violent; and\n\n(b) the Court considers that the young offender presents a serious risk to community safety.\".\n\n","sortOrder":1121},{"sectionNumber":"1130","sectionType":"section","heading":"Sentences to be concurrent unless otherwise directed","content":"\t1130 Sentences to be concurrent unless otherwise directed\n\n(1) In section 33(1) of the **Sentencing Act 1991**, after \"money)\" **insert** \"for an offence\".\n\n(2) In section 33(1A) of the **Sentencing Act 1991**, for \"youth justice centre\" **substitute** \"youth justice custodial centre\".\n\n(3) In section 33(1A)(a) of the **Sentencing Act 1991**, for  \"an offence of escape from a remand centre, a youth residential centre or a youth justice centre\" **substitute** \"an offence against section 533 of the **Youth Justice Act 2024**\".\n\n(4) In section 33(1A)(b) of the **Sentencing Act 1991**, for \"a remand centre, a youth residential centre or a youth justice centre—\" **substitute** \"a youth justice custodial centre; or\".\n\n(5) After section 33(1A)(b) of the **Sentencing Act 1991** **insert**—\n\n\"(c) an offence involving an assault on a youth justice custodial worker on duty within the meaning of section 3(1) and (3) of the **Youth Justice Act 2024** in a youth justice custodial centre—\".\n\n","sortOrder":1122},{"sectionNumber":"1131","sectionType":"section","heading":"Commencement of sentences","content":"\t1131 Commencement of sentences\n\nIn section 34(1)(c) of the **Sentencing Act 1991**, for \"a youth justice centre or a youth residential centre\" **substitute** \"a youth justice custodial centre\".\n\n","sortOrder":1123},{"sectionNumber":"1132","sectionType":"section","heading":"Court may reopen proceeding to correct penalties imposed contrary to law","content":"\t1132 Court may reopen proceeding to correct penalties imposed contrary to law\n\nIn section 104B(7) of the **Sentencing Act 1991**, in the definition of ***impose a penalty***—\n\n(a) in paragraph (b)(v), for \"youth justice centre order;\" **substitute** \"youth justice custodial order; and\";\n\n(b) paragraph (b)(vi) is **repealed**.\n\n","sortOrder":1124},{"sectionNumber":"1133","sectionType":"section","heading":"Release by Governor in exercise of royal prerogative of mercy","content":"\t1133 Release by Governor in exercise of royal prerogative of mercy\n\nIn section 107(1)(b) of the **Sentencing Act 1991**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n","sortOrder":1125},{"sectionNumber":"1134","sectionType":"section","heading":"New section 171A inserted","content":"\t1134 New section 171A inserted\n\nAfter section 171 of the **Sentencing Act 1991 insert**—\n\n\"171A Transitional provision—Youth Justice Act 2024\n\n(1) Section 32, as amended by the **Youth Justice Act 2024**, applies to the sentencing of a young offender (including sentencing for an offence against section 83AD or sentencing after the setting aside of a sentencing order on appeal) on or after the commencement of that amendment, irrespective of when the offence was committed.\n\n(2) On and after the commencement of the amendments to section 33 by the **Youth Justice Act 2024**, if an offence referred to in section 33(1) is an offence of escape from a remand centre, youth residential centre or youth justice centre within the meaning of the **Children, Youth and Families Act 2005**, as in force before that commencement, section 33(1A)(a) is taken to include a reference to that offence.\n\n(3) On and after the commencement of the amendments to section 33 by the **Youth Justice Act 2024**, if an offence referred to in section 33(1) is an offence involving property damage to a remand centre, youth residential centre or youth justice centre within the meaning of the **Children, Youth and Families Act 2005**, as in force before that commencement, section 33(1A)(b) is taken to include a reference to that offence.\n\n(4) On and after the commencement of the amendments to section 33 by the **Youth Justice Act 2024**, if an offence referred to in section 33(1) is an offence involving an assault on a youth justice custodial worker on duty in a remand centre, youth residential centre or youth justice centre within the meaning of the **Children, Youth and Families Act 2005**, as in force before that commencement, section 33(1A)(c) is taken to include a reference to that offence.\".\n\nPart 23.37—Amendment of Sex Offenders Registration Act 2004\n\n","sortOrder":1126},{"sectionNumber":"1135","sectionType":"section","heading":"Definitions","content":"\t1135 Definitions\n\n(1) In section 3(1) of the **Sex Offenders Registration Act 2004**, paragraphs (b) and (c) of the definition of ***community service order*** are **repealed**.  \n\n(2) In section 3(1) of the **Sex Offenders Registration Act 2004**, in the definition of ***detainee***, for \"youth justice centre or youth residential centre within the meaning of the **Children, Youth and Families Act 2005**\" **substitute** \"youth justice custodial centre within the meaning of the **Youth Justice Act 2024**\".\n\n(3) In section 3(1) of the **Sex Offenders Registration Act 2004**, for paragraph (b) of the definition of ***good behaviour bond* substitute**—\n\n\"(b) a good behaviour order within the meaning of the **Youth Justice Act 2024**;\".\n\n(4) In section 3(1) of the **Sex Offenders Registration Act 2004**, in paragraph (a) of the definition of ***sentence***, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n(5) In section 3(1) of the **Sex Offenders Registration Act 2004**, in paragraph (ca) of the definition of ***supervised*** ***sentence***, for \"section 360(1) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 240(1) of the **Youth Justice Act 2024**\".\n\n","sortOrder":1127},{"sectionNumber":"1136","sectionType":"section","heading":"Sex offender registration order","content":"\t1136 Sex offender registration order\n\nIn section 11(5) of the **Sex Offenders Registration Act 2004**, for \"section 360(1)(b), 360(1)(c) or 360(1)(d) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 240(1)(b) or (c) of the **Youth Justice Act 2024**\".\n\n","sortOrder":1128},{"sectionNumber":"1137","sectionType":"section","heading":"Definitions","content":"\t1137 Definitions\n\nIn section 67(1) of the **Sex Offenders Registration Act 2004**, for paragraph (e) in the definition of ***child-related employment*** **substitute**—\n\n\"(e) youth justice custodial centres or youth justice community service centres within the meaning of the **Youth Justice Act 2024**;\".\n\n","sortOrder":1129},{"sectionNumber":"1138","sectionType":"section","heading":"New section 73L inserted","content":"\t1138 New section 73L inserted\n\nAfter section 73K of the **Sex Offenders Registration Act 2004 insert**—\n\n\"73L Savings provisions—Youth Justice Act 2024\n\n(1) If a person is subject to an order described in paragraph (b) or (c) of the definition of ***community service order***, as in force immediately before the commencement of Chapter 7 of the **Youth Justice Act 2024**, this Act continues to apply to that person in respect of that order and for the duration of that order as if those paragraphs had not been repealed.\n\n(2) If a person is subject to a bond described in paragraph (b) of the definition of ***good behaviour bond***, as in force immediately before the commencement of Chapter 7 of the **Youth Justice Act 2024**, this Act continues to apply to that person in respect of that bond and for the duration of the bond as if that paragraph had not been amended.\n\n(3) If a person is subject to a sentence described in paragraph (a) of the definition of ***sentence***, as in force immediately before the commencement of Chapter 7 of the **Youth Justice Act 2024**, this Act continues to apply to that person in respect of that sentence and for the duration of that sentence as if that paragraph had not been amended.\n\n(4) If a person is subject to a sentence described in paragraph (ca) of the definition of ***supervised sentence***, as in force immediately before the commencement of Chapter 7 of the **Youth Justice Act 2024**, this Act continues to apply to that person in respect of that sentence and for the duration of that sentence as if that paragraph had not been amended.\n\n(5) If a person is subject to an order referred to in section 360(1)(b), (1)(c) or (1)(d) of the **Children, Youth and Families Act 2005**, as in force immediately before the commencement of Chapter 7 of the **Youth Justice Act 2024**, section 11(5) of this Act continues to apply to that person in respect of that order and for the duration of that order as if section 11(5) had not been amended.\".\n\nPart 23.38—Amendment of Social Services Regulation Act 2021\n\n","sortOrder":1130},{"sectionNumber":"1139","sectionType":"section","heading":"Definitions","content":"\t1139 Definitions\n\nIn section 3(1) of the **Social Services Regulation Act 2021**, in the definition of ***law enforcement agency***, in paragraph (l), for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\nPart 23.39—Amendment of Spent Convictions Act 2021\n\n","sortOrder":1131},{"sectionNumber":"1140","sectionType":"section","heading":"Definitions","content":"\t1140 Definitions\n\nS. 1140(1) amended by No. 41/2025 s. 3(Sch. 1 item 35.6).\n\n(1) In section 3 of the **Spent Convictions Act 2021**, in paragraph (n) of the definition of ***Victorian*** ***law enforcement agency***, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n(2) In section 3(1) of the **Spent Convictions Act 2021 insert** the following definition—\n\n(3) In section 3(1) of the **Spent Convictions Act 2021**, the definitions of ***youth justice centre*** and ***youth residential centre*** are **repealed**.\n\n","sortOrder":1132},{"sectionNumber":"1141","sectionType":"section","heading":"Meaning of *custodial term*","content":"\t1141 Meaning of *custodial term*\n\n(1) In section 5A(1)(a)(ii) of the **Spent Convictions Act 2021**, for \"centre or a youth residential\" **substitute** \"custodial\".\n\n(2) For section 5A(3) of the **Spent Convictions Act 2021** **substitute**—\n\n\"(3) If an aggregate or total sentence is imposed on a person in relation to more than one conviction and the sentence includes a custodial term of a particular length, each conviction to which the sentence relates is taken to have a sentence that includes a custodial term of that length.\n\nSee section 9 of the **Sentencing Act 1991** and section 328 of the **Youth Justice Act 2024**.\".\n\n","sortOrder":1133},{"sectionNumber":"1142","sectionType":"section","heading":"How length of custodial term to be determined","content":"\t1142 How length of custodial term to be determined\n\nIn section 5B(1)(b) of the **Spent Convictions Act 2021**, for \"centre or a youth residential\" **substitute** \"custodial\".\n\n","sortOrder":1134},{"sectionNumber":"1143","sectionType":"section","heading":"Restriction on use of spent childhood conviction for law enforcement function","content":"\t1143 Restriction on use of spent childhood conviction for law enforcement function\n\nAfter section 24B(2)(a) of the **Spent Convictions Act 2021 insert**—\n\n\"(ab) a person or body performing a function or duty imposed by, or exercising a power conferred under, the **Youth Justice Act 2024** in relation to the protection or therapeutic treatment of a child;\".\n\n","sortOrder":1135},{"sectionNumber":"1144","sectionType":"section","heading":"Restriction on use of spent childhood conviction in civil or criminal proceeding","content":"\t1144 Restriction on use of spent childhood conviction in civil or criminal proceeding\n\nIn section 24C(2) of the **Spent Convictions Act 2021**—\n\n(a) paragraph (a)(iii) is **repealed**;\n\n(b) after paragraph (a) **insert**—\n\n\"(ab) performing a function or duty imposed by, or exercising a power conferred under, the **Youth Justice Act 2024** in relation to the protection or therapeutic treatment of a child;\".\n\nPt 23.39A (Heading and s. 1144A) inserted by No. 52/2025 s. 13.\n\nPart 23.39A—Amendment of Summary Offences Act 1966\n\nS. 1144A inserted by No. 52/2025 s. 13.\n\n","sortOrder":1136},{"sectionNumber":"1144A","sectionType":"section","heading":"Assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty","content":"\t1144A Assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty\n\nIn section 51(1) of the **Summary Offences Act 1966**, in the definition of ***youth justice custodial worker***, for \"section 10AA(8) of the **Sentencing Act 1991**\" **substitute** \"the **Youth Justice Act 2024**\".\n\nPart 23.40—Amendment of Sustainable Forests (Timber) Act 2004\n\n","sortOrder":1137},{"sectionNumber":"1145","sectionType":"section","heading":"Retention and return or forfeiture of certain seized items","content":"\t1145 Retention and return or forfeiture of certain seized items\n\nIn section 89A(4)(c) of the **Sustainable Forests (Timber) Act 2004**, for \"clause 16 of Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"section 743 of the **Youth Justice Act 2024**\".\n\nPart 23.41—Amendment of Terrorism (Community Protection) Act 2003\n\n","sortOrder":1138},{"sectionNumber":"1146","sectionType":"section","heading":"Definitions","content":"\t1146 Definitions\n\nIn section 3(1) of the **Terrorism (Community Protection) Act 2003**, for the definition of ***youth justice facility*** **substitute**—\n\n","sortOrder":1139},{"sectionNumber":"1147","sectionType":"section","heading":"Nature of police detention decisions in relation to children—detention in youth justice custodial centres","content":"\t1147 Nature of police detention decisions in relation to children—detention in youth justice custodial centres\n\n(1) In the heading to section 13AD of the **Terrorism (Community Protection) Act 2003**, for \"**facilities**\" **substitute** \"**custodial** **centres**\".\n\n(2) In section 13AD(1) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (where twice occurring) **substitute** \"custodial centre\".\n\n(3) In section 13AD(2) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (wherever occurring) **substitute** \"custodial centre\".\n\n","sortOrder":1140},{"sectionNumber":"1148","sectionType":"section","heading":"Recording of police detention decision","content":"\t1148 Recording of police detention decision\n\nIn section 13AE(2)(f) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n","sortOrder":1141},{"sectionNumber":"1149","sectionType":"section","heading":"Detention of children in a youth justice custodial centre","content":"\t1149 Detention of children in a youth justice custodial centre\n\n(1) In the heading to section 13AR of the **Terrorism (Community Protection) Act 2003**, for \"**facility**\" **substitute** \"**custodial** **centre**\".\n\n(2) In section 13AR(2) and (7) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (where twice occurring) **substitute** \"custodial centre\".\n\n(3) In section 13AR(3) and (6) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n(4) In the note at the foot of section 13AR(7) of the **Terrorism (Community Protection) Act 2003**, for \"483(1) and (1A) of the **Children, Youth and Families Act 2005**\" **substitute** \"460 of the **Youth Justice Act 2024**\".\n\n(5) In section 13AR(8) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (wherever occurring) **substitute** \"custodial centre\".\n\n","sortOrder":1142},{"sectionNumber":"1150","sectionType":"section","heading":"Application of Youth Justice Act 2024 to children detained under this Part","content":"\t1150 Application of Youth Justice Act 2024 to children detained under this Part\n\n(1) In the heading to section 13AS of the **Terrorism (Community Protection) Act 2003**—\n\n(b) **omit** \"**in a youth justice facility**\".\n\n(2) For section 13AS(1) of the **Terrorism (Community Protection) Act 2003 substitute**—\n\n\"(1) No provision of the **Youth Justice Act 2024** applies in respect of the detention of a child under this Part in a youth justice custodial centre or a police gaol other than the following provisions of that Act—\n\n(a) Part 1.3;\n\n(b) section 33;\n\n(c) Parts 10.1 and 10.2;\n\n(d) section 460;\n\n(e) section 462;\n\n(f) section 464;\n\n(g) section 465;\n\n(h) section 474(1), except—\n\n(i) paragraph (e) to the extent that the paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the child's detention; and\n\n(ii) paragraph (f);\n\n(i) Division 2 of Part 10.4;\n\n(j) Division 4 of Part 10.4;\n\n(k) Division 5 of Part 10.4;\n\n(l) section 514;\n\n(m) sections 521, 523 and 525;\n\n(n) section 527;\n\n(o) Part 10.5;\n\n(p) Part 11.1;\n\n(q) Part 14.2;\n\n(r) Chapter 15;\n\n(s) Part 18.2.\".\n\n(3) In section 13AS(2) of the **Terrorism (Community Protection) Act 2003**—\n\n(b) for \"facility\" **substitute** \"custodial centre or police gaol\".\n\n(4) For section 13AS(3) of the **Terrorism (Community Protection) Act 2003 substitute**—\n\n\"(3) The **Youth Justice Act 2024**, in its application in respect of the detention of a child under this Part in a youth justice custodial centre or police gaol, has effect subject to this Part and, in the event of any inconsistency between that Act and this Part, this Part prevails over that Act.\".\n\n","sortOrder":1143},{"sectionNumber":"1151","sectionType":"section","heading":"Transfer of detained child into legal custody of Chief Commissioner for questioning","content":"\t1151 Transfer of detained child into legal custody of Chief Commissioner for questioning\n\n(1) In section 13AT(1)(a), (2) and (5) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n(2) In the note at the foot of section 13AT(6) of the **Terrorism (Community Protection) Act 2003**, for \"section 483(1) and (1A) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 460 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1144},{"sectionNumber":"1152","sectionType":"section","heading":"Return of child to youth justice custodial centre at end of questioning","content":"\t1152 Return of child to youth justice custodial centre at end of questioning\n\n(1) In the heading to section 13AU of the **Terrorism (Community Protection) Act 2003**, for \"**facility**\" **substitute** \"**custodial** **centre**\".\n\n(2) In section 13AU(2) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n(3) In the note at the foot of section 13AU(2) of the **Terrorism (Community Protection) Act 2003**, for \"section 483(1) and (1A) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 460 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1145},{"sectionNumber":"1153","sectionType":"section","heading":"Restrictions on contact with other people","content":"\t1153 Restrictions on contact with other people\n\n(1) In section 13AZA(2) and (4) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n(2) In section 13AZA(3) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (wherever occurring) **substitute** \"custodial centre\".\n\n(3) In section 13AZA(5) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (where twice occurring) **substitute** \"custodial centre\".\n\n","sortOrder":1146},{"sectionNumber":"1154","sectionType":"section","heading":"Use of identification material","content":"\t1154 Use of identification material\n\nIn section 13AZZE(3) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (where twice occurring) **substitute** \"custodial centre\".\n\n","sortOrder":1147},{"sectionNumber":"1155","sectionType":"section","heading":"Representations to a nominated senior police officer","content":"\t1155 Representations to a nominated senior police officer\n\nIn section 13AZZL(1)(f) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (wherever occurring) **substitute** \"custodial centre\".\n\n","sortOrder":1148},{"sectionNumber":"1156","sectionType":"section","heading":"Parents or guardians prohibited from disclosing certain information","content":"\t1156 Parents or guardians prohibited from disclosing certain information\n\nThe note at the foot of section 13AZZR(2) of the **Terrorism (Community Protection) Act 2003** is **repealed**.\n\n","sortOrder":1149},{"sectionNumber":"1157","sectionType":"section","heading":"Preventative detention orders","content":"\t1157 Preventative detention orders\n\nIn section 13E(8) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n","sortOrder":1150},{"sectionNumber":"1158","sectionType":"section","heading":"Nature of preventative detention order","content":"\t1158 Nature of preventative detention order\n\n(1) In section 13F(8) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (wherever occurring) **substitute** \"custodial centre\".\n\n(2) For the note at the foot of section 13F(9) of the **Terrorism (Community Protection) Act 2003 substitute**—\n\n1 Division 3 of Part 8 of the **Corrections Act 1986** (as modified by section 13W(6)) provides for the issue of a custodial community permit to a person detained in a prison for a purpose relating to the person's health.\n\n2 Section 748 of the **Youth Justice Act 2024** (as applied by section 13WA(5)) provides for medical services and operations in the case of a child detained in a youth justice custodial centre.\".\n\n","sortOrder":1151},{"sectionNumber":"1159","sectionType":"section","heading":"Extension of preventative detention order","content":"\t1159 Extension of preventative detention order\n\nIn section 13I(8) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n","sortOrder":1152},{"sectionNumber":"1160","sectionType":"section","heading":"Application by detainee for revocation or variation of preventative detention order or prohibited contact order","content":"\t1160 Application by detainee for revocation or variation of preventative detention order or prohibited contact order\n\nIn section 13N(6) and (8) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n","sortOrder":1153},{"sectionNumber":"1161","sectionType":"section","heading":"Application by police for revocation or variation of preventative detention order or prohibited contact order","content":"\t1161 Application by police for revocation or variation of preventative detention order or prohibited contact order\n\nIn section 13O(5) and (8) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n","sortOrder":1154},{"sectionNumber":"1162","sectionType":"section","heading":"Arrangement for detainee to be held in youth justice custodial centre","content":"\t1162 Arrangement for detainee to be held in youth justice custodial centre\n\n(1) In the heading to section 13WA of the **Terrorism (Community Protection) Act 2003**, for \"**facility**\" **substitute** \"**custodial** **centre**\".\n\n(2) In section 13WA(1), (3A) and (8) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (where twice occurring) **substitute** \"custodial centre\".\n\n(3) In section 13WA(3) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n(4) In the note at the foot of section 13WA(3A) of the **Terrorism (Community Protection) Act 2003**, for \"section 483(1) and (1A) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 460 of the **Youth Justice Act 2024**\".\n\n(5) In section 13WA(4) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (wherever occurring) **substitute** \"custodial centre\".\n\n(6) For section 13WA(5) of the **Terrorism (Community Protection) Act 2003 substitute**—\n\n\"(5) No provision of the **Youth Justice Act 2024** applies in respect of the detention of a person in a youth justice custodial centre or a police gaol under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law other than the following provisions of that Act—\n\n(a) Part 1.3;\n\n(b) section 33;\n\n(c) Parts 10.1 and 10.2;\n\n(d) section 460;\n\n(e) section 462;\n\n(f) section 464;\n\n(g) section 465;\n\n(h) section 474(1), except—\n\n(i) paragraph (e) to the extent that the paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the child's detention; and\n\n(ii) paragraph (f);\n\n(i) Division 2 of Part 10.4;\n\n(j) Division 4 of Part 10.4;\n\n(k) Division 5 of Part 10.4;\n\n(l) section 514;\n\n(m) sections 521, 523 and 525;\n\n(n) section 527;\n\n(o) Part 10.5;\n\n(p) Part 11.1;\n\n(q) Part 14.2;\n\n(r) Chapter 15;\n\n(s) Part 18.2.\".\n\n(7) In section 13WA(6) of the **Terrorism (Community Protection) Act 2003**—\n\n(b) for \"facility\" **substitute** \"custodial centre or police gaol\".\n\n(8) For section 13WA(7) of the **Terrorism (Community Protection) Act 2003 substitute**—\n\n\"(7) The **Youth Justice Act 2024**, in its application in respect of the detention of a person in a youth justice custodial centre or police gaol under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law, has effect subject to this Part and to the terms of the order under which the person is detained and, in the event of any inconsistency between that Act and this Part or the order, this Part or the order (as the case requires) prevails over that Act.\".\n\n(9) In section 13WA(8) of the **Terrorism (Community Protection) Act 2003**—\n\n(a) for \"facility\" (where first occurring) **substitute** \"custodial centre\";\n\n(b) for \"facility\" (where secondly occurring) **substitute** \"centre\".\n\n","sortOrder":1155},{"sectionNumber":"1163","sectionType":"section","heading":"Transfer of detained person into legal custody of Chief Commissioner for questioning","content":"\t1163 Transfer of detained person into legal custody of Chief Commissioner for questioning\n\n(1) In section 13WB(1)(a), (2) and (4) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n(2) In note 2 at the foot of section 13WB(5) of the **Terrorism (Community Protection) Act 2003**—\n\n(a) for \"facility\" **substitute** \"custodial centre\";\n\n(b) for \"section 483(1) and (1A) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 460 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1156},{"sectionNumber":"1164","sectionType":"section","heading":"Return of person to place of detention at end of questioning","content":"\t1164 Return of person to place of detention at end of questioning\n\n(1) In section 13WC(2) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n(2) In note 2 at the foot of section 13WC(2) of the **Terrorism (Community Protection) Act 2003**—\n\n(a) for \"facility\" **substitute** \"custodial centre\";\n\n(b) for \"section 483(1) and (1A) of the **Children, Youth and Families Act 2005**\" **substitute** \"section 460 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1157},{"sectionNumber":"1165","sectionType":"section","heading":"Restriction on contact with other people","content":"\t1165 Restriction on contact with other people\n\n(1) In section 13ZC(2) and (4) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" **substitute** \"custodial centre\".\n\n(2) In section 13ZC(3) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (wherever occurring) **substitute** \"custodial centre\".\n\n(3) In section 13ZC(5) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (where twice occurring) **substitute** \"custodial centre\".\n\n","sortOrder":1158},{"sectionNumber":"1166","sectionType":"section","heading":"Disclosure offences","content":"\t1166 Disclosure offences\n\nThe note at the foot of section 13ZJ(4) of **Terrorism (Community Protection) Act 2003** is **repealed**.\n\n","sortOrder":1159},{"sectionNumber":"1167","sectionType":"section","heading":"Use of identification material","content":"\t1167 Use of identification material\n\nIn section 13ZM(3) of the **Terrorism (Community Protection) Act 2003**, for \"facility\" (where twice occurring) **substitute** \"custodial centre\".\n\nPart 23.42—Amendment of Victoria Police Act 2013\n\n","sortOrder":1160},{"sectionNumber":"1168","sectionType":"section","heading":"Considerations to be taken into account in authorising the giving of agency photographs","content":"\t1168 Considerations to be taken into account in authorising the giving of agency photographs\n\nIn section 240(a)(vii) of the **Victoria Police Act 2013**, for \"**2005**\" **substitute** \"**2005**, the **Youth Justice Act 2024**\".\n\nPart 23.43—Amendment of Victorian Inspectorate Act 2011\n\n","sortOrder":1161},{"sectionNumber":"1169","sectionType":"section","heading":"Definitions","content":"\t1169 Definitions\n\nIn section 3(1) of the **Victorian Inspectorate Act 2011**, for paragraph (c) of the definition of ***detained person* substitute**—\n\n\"(c) a person in a youth justice custodial centre in the legal custody of the Secretary to the Department of Justice and Community Safety in accordance with the **Youth Justice Act 2024**; or\".\n\nPart 23.44—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019\n\n","sortOrder":1162},{"sectionNumber":"1170","sectionType":"section","heading":"Definitions","content":"\t1170 Definitions\n\nIn section 3 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, for the definition of ***Children's Court registrar* substitute**—\n\n\"***Children's Court registrar*** means a registrar of the Children's Court within the meaning of section 3(1) of the **Youth Justice Act 2024**;\".\n\n","sortOrder":1163},{"sectionNumber":"1171","sectionType":"section","heading":"Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure","content":"\t1171 Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure\n\n(1) In the heading to section 50 of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, for \"**Children, Youth and Families Act 2005**\" **substitute** \"**Youth Justice Act 2024**\".\n\n(2) In section 50(1) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\n(3) In section 50(2) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**—\n\n(b) in paragraph (a) **omit** \"Schedule 3 to\";\n\n(c) in paragraphs (b) and (c), for \"Schedule\" **substitute** \"Act\".\n\n","sortOrder":1164},{"sectionNumber":"1172","sectionType":"section","heading":"Granting extension of time","content":"\t1172 Granting extension of time\n\nIn section 53(1)(a), (d) and (e) and (3) of the **West Gate Tunnel (Truck Bans and Traffic Management) Act 2019**, for \"Schedule 3 to the **Children, Youth and Families Act 2005**\" **substitute** \"Chapter 17 of the **Youth Justice Act 2024**\".\n\nPart 23.45—Amendment of Worker Screening Act 2020\n\n","sortOrder":1165},{"sectionNumber":"1173","sectionType":"section","heading":"Pending charges","content":"\t1173 Pending charges\n\nIn section 6(1)(f) of the **Worker Screening Act 2020**, for \"section 356D of the **Children, Youth and Families Act 2005**\" **substitute** \"Part 6.3 of the **Youth Justice Act 2024**\".\n\n","sortOrder":1166},{"sectionNumber":"1174","sectionType":"section","heading":"Child-related work","content":"\t1174 Child-related work\n\n(1) For section 7(3)(e) of the **Worker Screening Act 2020 substitute**—\n\n\"(e) out of home care services within the meaning of the **Children, Youth and Families Act 2005**;\".\n\n(2) After section 7(3)(e) of the **Worker Screening Act 2020 insert**—\n\n\"(ea) youth justice custodial centres within the meaning of the **Youth Justice Act 2024** or probation services under that Act;\".\n\nPart 23.46—Amendment of Youth Justice Act 2024\n\n","sortOrder":1167},{"sectionNumber":"1175","sectionType":"section","heading":"Meaning of *child*","content":"\t1175 Meaning of *child*\n\nFor section 4(3) of the **Youth Justice Act 2024** **substitute**—\n\n\"(3) A person is excluded if the person is 19 years of age or over—\n\n(a) at the time of the commencement of the proceeding for the offence or alleged offence; or\n\n(b) if the offence is an infringement offence—\n\n(i) at the time of the commencement of the proceeding for the offence; or\n\n(ii) at the time the enforcement agency gives the registration document and registration certificate to a registrar under section 725—\n\nwhichever is earlier.\n\n(4) To avoid doubt, in this Act, ***child*** includes—\n\n(a) in relation to an order or sentence imposed under Chapter 7, a person who is 18 years of age or over and subject to that order or sentence; and\n\n(b) in relation to an appeal under Chapter 8, a person who is 18 years or over at the time of the appeal or any time during the appeal; and\n\n(c) a person who is held in custody in a youth justice custodial centre under the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; and\n\n(d) a person who is under 18 years of age and detained in a youth justice custodial centre under Part 2AA or 2A of the **Terrorism (Community Protection) Act 2003** or under a corresponding preventative detention law within the meaning of that Act.\n\nThis Act applies subject to sections 13AS and 13WA of the **Terrorism (Community Protection) Act 2003**.\n\n(5) Despite subsection (2), in Chapter 11, ***child*** does not include a person who—\n\n(a) is held in a police gaol for one or more offences; and\n\n(b) was 18 years of age or over at the time of the commission of at least one of those offences.\".\n\nPart 23.47—Repeal of this Chapter\n\n","sortOrder":1168},{"sectionNumber":"1176","sectionType":"section","heading":"Repeal of this Chapter","content":"\t1176 Repeal of this Chapter\n\nThis Chapter is **repealed** on 30 September 2027.\n\nThe repeal of this Chapter does not affect the continuing operation of the amendments made by it (see section 15(1) of the **Interpretation of Legislation Act 1984**).\n\n","sortOrder":1169},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Interstate transfers of young offenders","content":"Schedule 1—Interstate transfers of young offenders\n\n\t1 Definitions\n\nIn this Schedule—\n\n***agreement*** means an agreement between the Minister and a Minister of another State or a Territory under clause 2;\n\n***arrangement*** means an arrangement made under clause 3 for the transfer of a young offender—\n\n(a) from Victoria to another State or a Territory; or\n\n(b) to Victoria from another State or a Territory;\n\n***Minister***, in relation to a State (other than Victoria) or a Territory, means—\n\n(a) in the case of New South Wales, Tasmania, Queensland, Western Australia or South Australia—a Minister of the Crown of that State; and\n\n(b) in the case of the Australian Capital Territory—a Minister of the Crown of the Commonwealth; and\n\n(c) in the case of the Northern Territory—a person holding Ministerial office, as defined in section 4(1) of the Northern Territory (Self-Government) Act 1978 of the Commonwealth;\n\n***receiving State*** ***or Territory*** means the State or Territory to which a young offender is transferred;\n\n***sending State or Territory*** means the State or Territory from which a young offender is transferred;\n\n***young offender*** means a person—\n\n(a) in another State or a Territory who is under 18 years of age and has been dealt with under a law which applies in that State or Territory and which relates to the welfare or punishment of such a person; or\n\n(b) in another State or a Territory who is 18 years of age or over but under 21 years of age and—\n\n(i) has committed or is alleged to have committed an offence when the person was under 18 years of age; and\n\n(ii) has been dealt with under a law which applies in that State or Territory and which relates to the welfare or punishment of such a person; or\n\n(c) in Victoria who—\n\n(i) is subject to a probation order, youth supervision and support order, youth control order or youth justice custodial order, whether the order was made by the Children's Court or another court; or\n\n(ii) is subject to an order made under section 360(1)(f), (g), (h), (ha), (i) or (j) of the **Children, Youth and Families Act 2005**, as in force before the commencement of Chapter 7, whether the order was made by the Children's Court or another court; or\n\n(iii) is under 21 years of age and serving a sentence of detention in a youth justice custodial centre; or\n\n(iv) is under 21 years of age and has been released on parole under this Act; or\n\n(d) who is in Victoria and is subject to an arrangement for the transfer of the person to Victoria or is being transferred through Victoria from one State or Territory to another under an agreement.\n\n\t2 Minister may enter into general agreement\n\nThe Minister may enter into a general agreement with a Minister of another State or a Territory for the transfer of young offenders—\n\n(a) into or out of Victoria; and\n\n(b) through Victoria from one State or Territory to another.\n\n\t3 Secretary may make arrangements\n\nIf the Minister enters into an agreement with a Minister of another State or a Territory, the Secretary may make an arrangement with the Minister of the other State or Territory, or with a person authorised by that Minister as provided in the agreement, for the transfer of a particular young offender—\n\n(a) to that State or Territory from Victoria; or\n\n(b) to Victoria from that State or Territory.\n\n\t4 Arrangement for transfer out of Victoria\n\n(1) The Secretary must not make an arrangement for the transfer of a young offender from Victoria to another State or a Territory unless—\n\n(a) the young offender or a parent of the young offender applies for the transfer to be made; and\n\n(b) the Secretary is of the opinion that the transfer is appropriate in all the circumstances including—\n\n(i) the place or intended place of residence of the parents of the young offender; and\n\n(ii) the education, further education, training or employment of the young offender; and\n\n(iii) the medical or other needs of the young offender; and\n\n(c) the young offender has been given independent legal advice as to the effect of the arrangement and consents to it; and\n\n(d) the Secretary is satisfied that there is no appeal pending against an order of a court to which the young offender is subject.\n\n(2) For the purposes of deciding whether or not to arrange for the transfer of a young offender from Victoria to another State or a Territory, the Secretary may ask—\n\n(a) the young offender; or\n\n(b) the parents of the young offender—\n\nfor any necessary information, and the young offender or parents must supply the information within the time specified by the Secretary.\n\n\t5 Arrangement for transfer to Victoria\n\nThe Secretary must not make an arrangement for the transfer of a young offender from another State or a Territory to Victoria unless the Secretary is satisfied that there are adequate facilities in Victoria for the young offender to be accepted and dealt with as provided in the arrangement.\n\n\t6 Provisions to be made in each arrangement\n\n(1) An arrangement for the transfer of a young offender to or from Victoria must—\n\n(a) provide for the acceptance and means of dealing with the young offender in the receiving State or Territory; and\n\n(b) specify each order of a court of the sending State or Territory to which the young offender is subject (including an order deemed by a previous arrangement with Victoria or with another State or a Territory to have been made by a court of the sending State or Territory); and\n\n(c) for each order specified under paragraph (b)—\n\n(i) specify the way in which it is to operate in the receiving State or Territory, which must be as similar as possible to the way in which it would operate in the sending State or Territory if the arrangement were not made; and\n\n(ii) specify the maximum time for which it is to operate, which must not be longer than the maximum time for which it would operate in the sending State or Territory if the arrangement were not made.\n\n(2) An arrangement made by the Secretary for the transfer of a young offender from Victoria to another State or a Territory must provide for the escort referred to in clause 7(1)(b) to be authorised in that State or Territory to hold, take and keep custody of the young offender for the purpose of transferring the young offender to the place and the custody specified in the arrangement.\n\n(3) A reference in subclause (1) to an order of a court of a sending State or Territory is a reference to any sentence, period of detention, probation, parole or other order which could be made or imposed by that court.\n\n\t7 Transfer order made under an arrangement\n\n(1) If the Secretary makes an arrangement under this Schedule for the transfer of a young offender to another State or a Territory, the Secretary must make a transfer order which—\n\n(a) directs the person who has the custody of the young offender to deliver the young offender to the custody of the escort; and\n\n(b) authorises the escort to take and keep custody of the young offender for the purpose of transferring the young offender to the place in the receiving State or Territory and to the custody specified in the arrangement.\n\n(2) A reference in subclause (1) to a person having the custody of a young offender is a reference to—\n\n(a) a person in charge of a youth justice custodial centre; or\n\n(b) a person in charge of any other establishment conducted and managed by the Department; or\n\n(c) any other person who has custody of the young offender.\n\n(3) A reference in subclause (1) to an escort is a reference to any one or more of the following—\n\n(a) a youth justice custodial officer;\n\n(b) a police officer;\n\n(c) a person appointed by the Secretary by instrument to be an escort for the purposes of this Schedule.\n\n\t8 Transfer to Victoria in custody of escort\n\nIf under an arrangement for the transfer of a young offender to Victoria an escort authorised under the arrangement brings the young offender to Victoria, the escort, while in Victoria, is authorised to hold, take and keep custody of the young offender for the purpose of transferring the young offender to the place in Victoria and to the custody specified in the arrangement.\n\n\t9 Reports\n\n(1) For the purpose of forming an opinion or exercising a discretion under this Schedule, the Secretary may be informed as the Secretary thinks fit and, in particular, may have regard to reports from any person who has or has had the custody or supervision of a young offender in Victoria or in another State or a Territory.\n\n(2) Reports of any person who has or has had the custody or supervision of a young offender may be sent to a Minister of another State or a Territory who has entered into an agreement or to a person authorised under an agreement to make arrangements with the Secretary.\n\n\t10 Transfer of sentence or order with transferee\n\nIf under an arrangement a young offender is transferred from Victoria to another State or a Territory, then from the time the young offender arrives in that State or Territory any sentence imposed on, or order made in relation to, the young offender in Victoria before that time ceases to have effect in Victoria except—\n\n(a) in relation to any period of detention served by the young offender before that time; or\n\n(b) in relation to any part of the order carried out in respect of the young offender before that time; or\n\n(c) in relation to the remittance of money to the Minister which is paid in discharge or partial discharge of a sentence of default detention or default imprisonment originally imposed on the young offender by a court in Victoria.\n\n\t11 Sentence etc. taken to have been imposed in this State\n\n(1) If under an arrangement a young offender is transferred to Victoria from another State or a Territory, then from the time the young offender arrives in Victoria—\n\n(a) any sentence imposed on, or order made in relation to, the young offender by a court of the sending State or Territory and specified in the arrangement is taken to have been imposed or made by the court in Victoria specified in the arrangement; and\n\n(b) any sentence or order deemed by a previous arrangement with Victoria or with another State or a Territory to have been imposed or made by a court of the sending State or Territory and specified in the arrangement under which the young offender is transferred to Victoria is taken to have been imposed or made by the court in Victoria specified in the arrangement; and\n\n(c) any direction or order given or made by a court of the sending State or Territory concerning the time when anything to be done under an order made by a court of that State or Territory commences is, so far as practicable, taken to have been given or made by the court in Victoria specified in the arrangement.\n\n(2) Except as otherwise provided in this Schedule, a sentence, order or direction referred to in subclause (1)(a), (b) or (c) has effect in Victoria as specified in the arrangement in accordance with clause 6, and the laws of Victoria apply, as if that court—\n\n(a) had had power to impose the sentence and give or make the direction or order; and\n\n(b) did in fact impose the sentence and give or make the direction or order.\n\n\t12 Lawful custody for transit through Victoria\n\n(1) The Secretary may authorise the person in charge of a youth justice custodial centre or any other person to receive young offenders being transferred through Victoria from one State or Territory to another.\n\n(2) If under an agreement for the transfer of young offenders through Victoria from one State or Territory to another, a young offender is brought into Victoria by an escort authorised as provided in the agreement—\n\n(a) while in Victoria, the escort is authorised to take, hold and keep custody of the young offender for the purposes of the transfer; and\n\n(b) a person authorised under subclause (1) may at the request of the escort and on receiving from the escort written authority for the transfer as provided in the agreement—\n\n(i) receive and detain the young offender in the custody and for the time the escort requests, if it is reasonably necessary for the purposes of the transfer; and\n\n(ii) at the end of that time deliver the young offender into the custody of the escort.\n\n\t13 Escape from custody of young offender being transferred\n\n(1) A young offender being transferred through Victoria from one State or Territory to another in the custody of an escort and who escapes from that custody may be apprehended without warrant by the escort, a police officer or any other person.\n\n(2) If a young offender being transferred through Victoria from one State or Territory to another in the custody of an escort—\n\n(a) has escaped and been apprehended; or\n\n(b) has attempted to escape—\n\nthe young offender may be taken before a magistrate who may issue a warrant for the young offender to be held in custody at a youth justice custodial centre.\n\n(3) A warrant issued under subclause (2) may be executed  according to law.\n\n(4) A young offender who is the subject of a warrant under subclause (2) must as soon as possible be brought before the Magistrates' Court or the Children's Court (as the case requires) which may order—\n\n(a) that the young offender be delivered to the custody of an escort; or\n\n(b) that the young offender be held in custody for no longer than 7 days until an escort is available from the sending State or Territory to carry out the arrangement or any orders made by a court of that State or Territory.\n\n(5) If a young offender who is the subject of an order under subclause (4)(b) is not, in accordance with the order, delivered into the custody of an escort within a period of 7 days after the making of the order, the order has no further effect.\n\n(6) A reference in this clause to an escort in relation to a young offender being transferred through Victoria from one State or Territory to another under an agreement is a reference to any one or more of the following—\n\n(a) the escort authorised in the manner provided for in the agreement;\n\n(b) if the young offender has escaped or attempted to escape—\n\n(i) that escort; or\n\n(ii) a member of the police force of the sending State or Territory; or\n\n(iii) a person appointed by the Minister of the sending State or Territory by instrument to be an escort for the purposes of carrying out any orders of a court of the sending State or Territory.\n\n\t14 Escape from custody—penalty\n\n(1) A young offender—\n\n(a) who is in custody under an arrangement made for the offender's transfer from Victoria to another State or a Territory; and\n\n(b) who was subject before the arrangement to detention in Victoria; and\n\n(c) who escapes or attempts to escape from that custody while the offender is not within Victoria or the receiving State or Territory—\n\nis guilty of an offence and is liable to imprisonment for a term not exceeding 6 months or to detention in a youth justice custodial centre for a term not exceeding 6 months, to be served after the end of any term of detention to which the young offender was subject at the time of the escape or attempted escape.\n\n(2) Without limiting section 460, that section applies to a young offender—\n\n(a) who is in custody under an arrangement for the transfer of the offender from Victoria to another State or a Territory; and\n\n(b) who escapes from that custody while the offender is not within Victoria or the receiving State or Territory—\n\nin the same way as it applies to a young offender who escapes, attempts to escape or is absent without lawful authority from a youth justice custodial centre in which the offender is lawfully detained or from the custody of any person in whose custody the offender may be.\n\n","sortOrder":1170},{"sectionNumber":"15","sectionType":"section","heading":"Revocation of order of transfer on escape from custody","content":"\t15 Revocation of order of transfer on escape from custody\n\n(1) The Secretary may apply to the Magistrates' Court or the Children's Court for the revocation of an order made under an arrangement for the transfer of a young offender from Victoria to another State or a Territory.\n\n(2) On an application under subclause (1), the Magistrates' Court or the Children's Court may revoke the order if satisfied that the young offender has, while being transferred, committed—\n\n(a) the offence of escaping or attempting to escape; or\n\n(b) any other offence.\n\n(3) For the purposes of subclause (2), it does not matter whether—\n\n(a) the offence was an offence against the law of Victoria or of the receiving State or Territory or of another State or a Territory through which the young offender was being transferred; or\n\n(b) a charge-sheet has been filed or there has been a finding of guilt in respect of the offence or not.\n\n\t16 Revocation of order of transfer by consent\n\n(1) The Secretary may revoke an order for the transfer of a young offender from Victoria to another State or a Territory—\n\n(a) at any time before the young offender is delivered in the receiving State or Territory into the custody specified in the arrangement; and\n\n(b) only with the consent of the young offender and of the Minister or other person in the receiving State or Territory with whom the Secretary made the arrangement.\n\n(2) If the Secretary revokes an order under subclause (1), the Secretary may make a further arrangement with the receiving State or Territory for the return of the young offender to Victoria.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 19 June 2024*\n\n*Legislative Council: 1 August 2024*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the reform of the youth justice system, to amend the **Children, Youth and Families Act 2005** and other related Acts and for other purposes.\"\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 19 June 2024*\n\n*Legislative Council: 1 August 2024*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 1 August 2024*\n\n*Legislative Council: 16 August 2024*\n\nThe **Youth Justice Act 2024** was assented to on 10 September 2024 and comes into operation as follows:\n\nSections 2, 903D–904 on 11 September 2024: section 2(1AA).\n\nSections 1, 855–857 on 16 October 2024: Special Gazette (No. 557) 15 October 2024 page 1.\n\nSections 903A–903C on 2 December 2024: section 2(1A).\n\nSections 899–903, 907, 908 on 22 April 2025: Special Gazette (No. 149) 1 April 2025 page 1.\n\nSections 3–14, 66–91, 766(1)(3), 768–854, 905, 906 on 30 September 2025: section 2(2).\n\nSections 15–65, 92–765, 766(2), 767, 858–898, 909–1176 not yet proclaimed.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Youth Justice Act 2024** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Youth Justice Act 2024, No. 32/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | Ss 852, 853 on 30.9.25: s. 2(2) |\n\n**Bail Amendment Act 2025, No. 8/2025**\n\n| Assent Date: | 25.3.25 |\n| Commencement Date: | S. 17 on 26.3.25: Special Gazette (No. 138) 25.3.25 p. 1 |\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| Commencement Date: | S. 3(Sch. 1 item 35) on 22.10.25: s. 2 |\n\n**Crimes Amendment (Retail, Fast Food, Hospitality and Transport Worker Harm) Act 2025, No. 52/2025**\n\n| Assent Date: | 9.12.25 |\n| Commencement Date: | Ss 12, 13 on 10.12.25: s. 2(1) |\n\n**Justice Legislation Amendment (Community Safety) Act 2025, No. 54/2025**\n\n| Assent Date: | 9.12.25 |\n| Commencement Date: | Ss 29, 30 on 10.12.25: s. 2(1); ss 12, 13, 18–23 on 27.2.26: s. 2(3) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":1171}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond a simple 'raising the age' reform. While originally intended to raise the minimum age of criminal responsibility from 10 to 12, the Act has become a complete codification of Victoria's youth justice system. It absorbs and re-enacts most youth justice provisions from the Children, Youth and Families Act 2005 (which previously covered both child protection and youth justice), creates entirely new institutions (Commissioner for Youth Justice, Aboriginal youth justice agencies, CAYPINS), and includes extensive amendments to bail laws, sentencing laws, and police powers. The scope now encompasses prevention, diversion, court processes, custody, parole, and cross-border transfers, making it a system-consolidating 'mega-act' rather than a targeted reform."},"complexity_factors":["Extreme length: 23+ Chapters, 1176 sections plus Schedules, running to hundreds of pages","Massive cross-referencing: Amends 40+ other Acts including Bail Act 1977, Crimes Act 1958, Sentencing Act 1991, Children Youth and Families Act 2005","Nested conditional logic: Multiple layers of exceptions (e.g., sentencing children under 14 to detention only in 'exceptional circumstances', with further exceptions for serious offences)","47+ defined terms in section 3 alone, with many more defined throughout (e.g., 'Category A serious youth offence', 'Category B serious youth offence', 'terrorism risk information')","Complex transitional arrangements: 9 separate transitional Parts (Chapters 19-23) dealing with migration of existing orders, proceedings and parolees","Multiple overlapping regimes: Youth warnings/cautions/conferences vs court diversion vs sentencing vs CAYPINS vs parole, each with distinct procedural requirements","Safeguard layering: Extensive reporting, review and oversight mechanisms (Commission for Children and Young People, VCAT review, internal reviews, judicial monitoring)","Terrorism-specific provisions: Special rules for terrorism-related information sharing and parole decisions that override standard processes","Aboriginal-specific parallel processes: Separate registration requirements for Aboriginal youth justice agencies and distinct conference models","Technical amendments: Hundreds of technical amendments to other Acts creating interdependencies"],"plain_english_summary":"This is Victoria's **Youth Justice Act 2024**, a comprehensive law that completely overhauls how the state deals with children and young people who come into contact with the criminal justice system.\n\n**What it does:**\n\n*   **Raises the minimum age of criminal responsibility** from 10 to 12 years old. This means children aged 10 or 11 can no longer be charged with crimes. Instead, police can only take them into temporary \"care and control\" for safety reasons and must connect them with family or support services.\n*   **Creates a new diversion system** to keep children out of court where possible. This includes:\n    *   **Youth warnings** (informal cautions by police)\n    *   **Youth cautions** (more formal, requiring the child to admit wrongdoing)\n    *   **Early diversion group conferences** (meetings involving the child, victim, family and professionals to agree on an outcome plan)\n    *   A special **Aboriginal-led model** for Indigenous children\n*   **Establishes the Children's Court Criminal Division** as the central court for all youth crime matters, replacing scattered provisions from the old Children, Youth and Families Act 2005.\n*   **Sets out sentencing options** ranging from dismissals and fines through to community service, probation, and detention in youth justice centres. It includes strict limits on sentencing children under 14 to detention.\n*   **Regulates youth justice custody** in detail, including:\n    *   Rights of children in custody (safety, health, family contact, cultural rights)\n    *   Strict rules on use of force, isolation (solitary confinement is banned), and searches\n    *   Oversight by the Commission for Children and Young People\n*   **Creates a Youth Parole Board** to manage release from custody and supervision in the community.\n*   **Introduces CAYPINS** (Children and Young Persons Infringement Notice System) - a special scheme for dealing with fines and infringement notices issued to children.\n*   **Includes extensive transitional provisions** to move existing cases and orders from the old system to the new one.\n\n**Who it affects:**\n\n*   Children (under 18) and young persons (18-25) involved in the justice system\n*   Police, who have new powers and obligations regarding 10-11 year olds\n*   The Children's Court and its judges\n*   The Secretary of the Department of Justice and the new Commissioner for Youth Justice\n*   Aboriginal youth justice agencies and Aboriginal communities\n*   Victims of crime, who have new rights to participate in processes like group conferences\n\n**Why it matters:**\n\nThis is one of the most significant youth justice reforms in Victoria's history. It recognises that younger children have reduced culpability (blameworthiness) and need support rather than punishment. It embeds Aboriginal self-determination principles, strengthens oversight of custody to prevent abuse, and creates clearer pathways for rehabilitation. The Act also amends numerous other laws (Bail Act, Crimes Act, Sentencing Act, etc.) to ensure consistency across the justice system."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to assess whether the Act's scope changed from its original intent during the parliamentary process. Only version metadata was supplied, not the substantive provisions of the Act."},"complexity_factors":["Youth justice legislation typically intersects multiple areas of law including criminal law, child protection, human rights, and administrative law","Age-based jurisdictional thresholds (e.g. minimum age of criminal responsibility, transition to adult courts) create layered complexity","Balancing punitive and rehabilitative objectives requires nuanced provisions that interact in non-obvious ways","Likely involves multiple agencies (police, courts, corrections, child protection services) with overlapping responsibilities","Special procedural rules applying to minors differ significantly from standard criminal procedure","Interaction with Commonwealth law and other Victorian Acts (e.g. Children, Youth and Families Act) creates cross-legislative complexity","Rights-based considerations under the Victorian Charter of Human Rights and Responsibilities add another interpretive layer","Insufficient source text provided to fully assess actual drafting complexity — rating reflects typical complexity of this class of legislation"],"plain_english_summary":"The Youth Justice Act 2024 (Victoria) governs how young people who are accused of or found to have committed offences are handled by police, courts and detention services, affecting young people, their parents/guardians and victims. It frames the justice system’s balance between accountability and rehabilitation.\n\nNote: only administrative metadata was provided here, not the Act’s full text. For rights, obligations or penalties consult the official legislation or a lawyer."}},"importantCases":[],"_links":{"self":"/api/acts/youth-justice-act-2024","history":"/api/acts/youth-justice-act-2024/history","analysis":"/api/acts/youth-justice-act-2024/analysis","conflicts":"/api/acts/youth-justice-act-2024/conflicts","importantCases":"/api/acts/youth-justice-act-2024/important-cases","documents":"/api/acts/youth-justice-act-2024/documents"}}