{"id":"sr:youth-justice-regulations-2025","name":"Youth Justice Regulations 2025","slug":"youth-justice-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181391,"registerId":"vic-sr:youth-justice-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Youth Justice Regulations 2025","content":"Version No. 001\n\n**Youth Justice Regulations 2025**\n\n**S.R. No. 80/2025**\n\nVersion as at  \n30 September 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Commencement of proceeding for alleged offence by child at 12 or 13 years of age—record of reasons 1\n\nForm 1—Criminal responsibility of child aged 12 or 13 years 3\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **001**\n\n**Youth Justice Regulations 2025**\n\n**S.R. No. 80/2025**\n\nVersion as at  \n30 September 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe the form of a record of reasons for a decision to commence a proceeding for an offence allegedly committed by a child at 12 or 13 years of age.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 766 of the **Youth Justice Act 2024**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 30 September 2025.\n\n\t4 Commencement of proceeding for alleged offence by child at 12 or 13 years of age—record of reasons\n\n(1) For the purposes of section 12(3)(c) of the **Youth Justice Act 2024**, the prescribed information is the following (if known)—\n\n(a) the child's name, date of birth and address;\n\n(b) the child's gender identity;\n\n(c) the child's cultural background and whether the child identifies as Aboriginal or Torres Strait Islander;\n\n(d) details about any other persons who were allegedly involved in the alleged commission of the offence;\n\n(e) whether the child has been the subject of any child protection reports, investigations or orders by a court.\n\n(2) For the purposes of section 12(4)(a) of the **Youth Justice Act 2024**, the prescribed form is Form 1.\n\nForm 1—Criminal responsibility of child aged 12 or 13 years\n\nRegulation 4\n\n**Youth Justice Act 2024**\n\n(Section 12)\n\n**criminal responsibility of child aged 12 or 13 years**\n\nIt is presumed that a child who is 12 or 13 years of age cannot commit an offence, unless 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 (see section 11 of the **Youth Justice Act 2024**).\n\nSection 11(3) of the **Youth Justice Act 2024** provides that whether the 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\nUnder section 12 of the **Youth Justice Act 2024**, 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. As far as practicable, the police officer must consider the 4 matters set out below.\n\nIf the police officer decides to commence a proceeding for the alleged offence, 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, and any information, evidence or other matter considered by the police officer in making this decision, must be recorded below.\n\n**Note 1—This form must be filed in the court with the charge-sheet at the commencement of the proceeding. A copy of this form must also be served on the child. See sections 13, 37, 41, 53A, 110 and 117 of the Criminal Procedure Act 2009.**\n\n**Note 2—If the child is alleged to have committed more than one offence at 12 or 13 years of age, a police officer must separately assess the child's criminal responsibility in relation to each offence, and record each assessment in this form.**\n\n**DETAILS OF CHILD**\n\nName: [*name*]\n\nDate of birth: [*dd/mm/yyyy*]\n\nAddress: [*address or current living situation*]\n\nAlleged offence(s): [*name and date(s) of offence(s) allegedly committed when the child was 12 or 13 years of age*]\n\nAlleged co-offender(s): [*specify name and details of co-offenders (e.g. age, whether they were charged for the offence, outcome of charge)*]\n\nWhat is the child's gender identity?\n\n|  | Male |  | Female |  | Other |  | Prefers not to say |\n| --- | --- | --- | --- | --- | --- | --- | --- |\n\n\nIf \"other\" is selected, please provide details: [*specify details of gender identity*]\n\nDoes the child identify as Aboriginal and/or Torres Strait Islander?\n\n|  | Yes |  | No |  | Unknown |\n| --- | --- | --- | --- | --- | --- |\n\n\nIs the child from a culturally or linguistically diverse background?\n\n|  | Yes |  | No |  | Unknown |\n| --- | --- | --- | --- | --- | --- |\n\n\nPlease provide details: [*specify details of child's background*]\n\nHas the child been the subject of any child protection reports, investigations or court orders?\n\n|  | Yes |  | No |  | Unknown |\n| --- | --- | --- | --- | --- | --- |\n\n\nPlease provide details: [*describe child's involvement with child protection*]\n\n**MATTERS TO WHICH POLICE OFFICER MUST HAVE REGARD**\n\nAs far as practicable, I have had regard to the matters in section 12(2) of the **Youth Justice Act 2024** when considering [*name of child*]'s criminal responsibility for *the/*each alleged offence—\n\n**1. Information available about the child's age, maturity and stage of development**\n\n[*Describe any information available about the child's age, maturity and stage of development. For example, has the child experienced delays in their intellectual or social development? Has the child experienced any abuse, neglect or other trauma which may have impacted their development? This information could be requested from the child's parent or carer or a child protection worker.*]\n\n**2. Information available about whether the child has a disability or a mental illness**\n\n[*Describe any information available about whether the child has a disability or a mental illness. For example, a disability may include an intellectual disability or a neurodevelopmental disorder. See section 3(1) of the* ***Youth Justice Act 2024*** *for definitions of* ***disability*** *and* ***mental illness****. This information could be requested from the child or the child's parent or carer.*]\n\n**3. Previous decision(s) by a court or any person about whether the child could be held criminally responsible for any other conduct**  \n\n[*Describe any previous decision(s) by a court or any person about whether or not the child could be held criminally responsible for any other conduct. For example, has a police officer previously decided not to charge the child, or has a prosecutor previously decided to withdraw a charge, because it appeared the child was not criminally responsible for their alleged conduct? Has a court previously found the child guilty of any offence?*]\n\n**4. Any other matter(s) relevant to the criminal responsibility of the child or the circumstances of the alleged offending**  \n\n[*Specify relevant alleged offence(s) and describe any other matter(s) relevant to the criminal responsibility of the child or the circumstances of the alleged offending for each offence. For example, if the child was interviewed about the alleged offending, what comments (if any) did the child make?*]\n\n**DECISION TO CHARGE AND COMMENCE A PROCEEDING**\n\nI [*name of police officer*] have decided to commence a proceeding for the offence(s) specified above allegedly committed by [*name of child*] when they were *12/*13 years of age.\n\nIn deciding to commence a criminal proceeding for *that/*each offence, I have considered 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/*each offence that their conduct was seriously wrong, having regard to section 11(3) of the **Youth Justice Act 2024**. I have considered the 4 matters under section 12(2) of that Act, as set out above.\n\nThe 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/*each offence that their conduct was seriously wrong are:\n\n[*describe reasons for each alleged offence*]  \n\nAdditional notes (optional):\n\n[*e.g. describe the steps that were taken to collect information relevant to the assessment of the child's criminal responsibility*]\n\n**DETAILS OF POLICE OFFICER**\n\nName, rank and number:\n\nAddress: [*police station or branch*]\n\nSigned: [*signature*]\n\nDate: [*dd/mm/yyyy*]\n\n**DETAILS OF AUTHORISING POLICE OFFICER**\n\nName, rank and number:\n\nAddress: [*police station or branch*]\n\nSigned: [*signature*]\n\nDate: [*dd/mm/yyyy*]\n\n*Delete if not applicable.\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\nThe Youth Justice Regulations 2025, S.R. No. 80/2025 were made on 26 August 2025 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 766 of the **Youth Justice Act 2024**, No. 32/2024 and came into operation on 30 September 2025: regulation 3.\n\nThe Youth Justice Regulations 2025 will sunset 10 years after the day of making on 26 August 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Youth Justice Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent. The document extract contains no substantive regulatory provisions, explanatory memoranda, or second reading material to compare against. Only version history metadata is present."},"complexity_factors":["Insufficient document content provided — only metadata and version history headers are present, with no substantive regulatory text to analyse","Cannot assess cross-references to the parent Act or other legislation","Cannot evaluate definitional complexity, exemptions, or procedural requirements without the actual regulation text","Youth justice frameworks are inherently complex due to the intersection of child welfare, criminal law, and human rights obligations — but this cannot be confirmed from the extract provided","Score of 2 reflects the near-total absence of assessable content, not simplicity of the subject matter"],"plain_english_summary":"These 2025 Youth Justice Regulations are the detailed, day-to-day rules that give effect to the parent youth justice law, shaping how young people in the criminal justice system are detained, supervised, managed, and treated. They matter to young people, families, police, courts, and youth justice staff because they set rights, conditions, and operational processes that affect outcomes on the ground.\n\nNote: the provided extract contains only metadata and formatting; the substantive regulatory text is not included."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing the form and required information for police decisions to charge 12-13 year olds. The scope has not expanded beyond this specific procedural requirement."},"complexity_factors":["Only 4 substantive regulations, with the bulk of content being a single form template","Minimal defined terms (relies on definitions in parent Youth Justice Act 2024)","No nested exceptions or conditional logic beyond simple 'if known' qualifiers","Straightforward cross-references to specific sections of the enabling Act","Form 1 is lengthy but consists of plain-English prompts and checkboxes rather than legal technicalities"],"plain_english_summary":"This legislation creates a mandatory form that police must fill out before charging a child aged 12 or 13 with a crime. \n\n**What it does:**\n- Sets out exactly what information police must record when deciding whether to prosecute very young children\n- Requires police to document the child's personal details (name, background, gender identity, whether they're Aboriginal or Torres Strait Islander)\n- Forces police to consider specific factors before charging: the child's maturity, any disabilities or mental illness, previous court decisions about them, and other relevant circumstances\n- Creates a detailed checklist (Form 1) that police must complete, file with the court, and give to the child\n\n**Who it affects:**\n- Police officers deciding whether to charge 12 or 13-year-olds\n- Children aged 12-13 who are suspected of crimes\n- Courts that receive these forms with charge sheets\n\n**Why it matters:**\nNormally, children under 14 are presumed too young to be criminally responsible. But under the new Youth Justice Act 2024, 12 and 13-year-olds *can* be charged if prosecutors can prove the child knew their conduct was \"seriously wrong in a moral sense.\" These regulations ensure police carefully document why they think this high threshold is met, creating transparency and accountability before a young child enters the criminal justice system."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement section 12 of the Youth Justice Act 2024 by prescribing the information to be collected and the Form (Form 1) to record reasons for commencing proceedings against 12‑ or 13‑year‑old children. They standardise procedure and information collection but do not alter the statutory test of criminal responsibility or expand/narrow the substantive scope of offences (see Regulation 4 and Form 1)."},"complexity_factors":["Narrow regulatory scope but multiple legal cross‑references: Regulation 4/Form 1 refers to Youth Justice Act ss.11–12 and to provisions of the Criminal Procedure Act (filing and service) — interdependence increases legal complexity.","Police discretion coupled with mandatory recording: police must decide whether admissible evidence exists and record detailed reasons — creates operational and evidentiary risk and compliance cost for police (Regulation 4; Form 1).","Collection of sensitive personal data: form requires gender identity, cultural/Indigenous identification and child‑protection history — raises privacy, information‑gathering and consent issues for officers and agencies (Form 1).","Evidentiary information required: assessments must cover maturity, disability/mental illness, prior decisions and other contextual matters — demands multi‑source inquiries and recordkeeping (Form 1, Matters to Which Police Officer Must Have Regard).","Procedural obligations and multiple‑offence treatment: form must be filed in court, served on the child, and separate assessments recorded for each alleged offence — increases administrative burden (Notes to Form 1; Form 1).","Temporal limitation noted in endnotes: statutory rule will sunset after 10 years per Subordinate Legislation Act reference — affects long‑term regulatory planning (Endnotes)."],"plain_english_summary":"These Regulations prescribe the exact form and information police must record when they decide to charge a child aged 12 or 13 under the Youth Justice Act 2024. They require a written statement of the reasons why admissible evidence appears to prove the child knew their conduct was \"seriously wrong\", and mandate filing the form with the charge‑sheet and serving it on the child. This affects police charging practice, the child named, and courts that receive the record."}},"importantCases":[],"_links":{"self":"/api/acts/youth-justice-regulations-2025","history":"/api/acts/youth-justice-regulations-2025/history","analysis":"/api/acts/youth-justice-regulations-2025/analysis","conflicts":"/api/acts/youth-justice-regulations-2025/conflicts","importantCases":"/api/acts/youth-justice-regulations-2025/important-cases","documents":"/api/acts/youth-justice-regulations-2025/documents"}}