VICIn ForceAct
Children, Youth and Families Act 2005
488ASearch on entering or leaving a youth justice facility 499
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488A Search on entering or leaving a youth justice facility 499
488AB Officer in charge may order search 500
488AC Unclothed search of detainee 500
488AD Manner of conducting search 501
488AE Consequences of refusal to submit to search 502
488AF Officer in charge may order search to be terminated 503
488B Visitors required to comply with orders 503
488C Visitors to give prescribed information 503
488D Officer in charge may refuse or terminate visits for security reasons 504
Division 3AA—Offences relating to operation or possession of remotely piloted aircraft or helicopter 505
488DA Definitions 505
488DB Offences relating to operation or possession of remotely piloted aircraft or helicopter 505
488DC Officer in charge may give authorisation 508
488DD Search 508
488DE Seizure 509
Division 3A—Seizure 510
488E Seizure 510
488F Seizure register 510
488G Certain seized items to be handed to police 511
488GA Manner of dealing with seized things that may be used in a legal proceeding 511
488GB Manner of dealing with seized money 512
488GC Manner of dealing with other seized articles or things 512
488GD Disposal 513
Division 4—Change of name applications by detainees 514
488H Application 514
488I Definitions 514
488J Applications for change of name by or on behalf of a detainee 515
488K Approval by Secretary 515
488L Approval to be notified in writing 516
488M Registration of name change 516
488N Registrar may correct Register 517
Division 4A—Approval of making of acknowledgement of sex applications by detainees 517
488O Offence to make acknowledgement of sex application without approval 517
488P Application by detainee or other person for approval of Secretary 518
488Q Approval by Secretary of the making of acknowledgement of sex application 518
488R Copy of approval or refusal of Secretary 519
Division 5—General 519
489 Detention in default of payment of a fine 519
490 Bringing of person before court or inquest 519
491 Power of police to arrest person in youth justice centre 520
491A Power of police to arrest person in remand centre 521
492 Interstate transfer of young offenders 522
492A Secrecy of security arrangements at youth justice facilities 522
Part 5.9—Review of Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 526
492B Review of Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 526
Part 5.10—Sharing of terrorism risk information 528
492C What is the permitted purpose for sharing information under this Part? 528
492D Department of Justice and Regulation may disclose terrorism risk information 528
492E Youth Parole Board may disclose terrorism risk information 529
Chapter 6—Offences 530
Part 6.1—Offences relating to the protection of children 530
493 Offence to fail to protect child from harm 530
494 Offence to leave child unattended 531
495 Offence to harbour or conceal child 531
496 Offence to counsel or induce child to be absent without lawful authority etc. 532
497 Offences in relation to community service etc. 533
Part 6.2—Offences relating to detained persons 535
498 Offence to escape or attempt to escape etc. 535
499 Offence to harbour or conceal person 536
500 Offence to counsel or induce person to escape 536
501 Offences in relation to persons held in centres 537
Part 6.3—General offences 540
502 Offence to impersonate Secretary as protective intervener 540
503 Offence to obstruct Secretary or employee 540
Chapter 7—The Children's Court of Victoria 541
Part 7.1—The Children's Court 541
504 The Children's Court 541
506 President, magistrate or reserve magistrate to be in attendance 543
507 Assignment of magistrates or reserve magistrates 543
508 President 544
509 Acting President 545
509A Administrative responsibility of President 546
510 Assignment of duties 547
511 Delegation by the President 547
512 Protection of President 547
513 Protection of magistrates or reserve magistrates 547
513A Constitution of Court if magistrate unable to continue 548
513B Appeals from Court constituted by Chief Magistrate who is a dual commission holder 548
514 Annual report 548
Part 7.2—Jurisdiction 549
515 Jurisdiction of Family Division 549
516 Jurisdiction of Criminal Division 551
516A Joint committal proceedings 555
517 Koori Court (Criminal Division) 557
518 Jurisdiction of Koori Court (Criminal Division) 558
518A 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 559
519 Circumstances in which Koori Court (Criminal Division) may deal with certain offences 559
520 Sentencing procedure in Koori Court (Criminal Division) 561
520A Neighbourhood Justice Division 562
520B Places where Neighbourhood Justice Division may sit and act 563
520C Jurisdiction of Neighbourhood Justice Division 563
520D Transfer of proceedings 566
520E Sentencing procedure in Neighbourhood Justice Division 567
521 Application of Act to other Courts 568
Part 7.3—Procedure 569
522 Procedural guidelines to be followed by Court 569
522A Consistent magistrate to oversee criminal proceedings 570
523 Proceedings to be heard in open court 571
524 Legal representation 572
525 Proceedings in which child is required to be legally represented 576
526 Interpreter 579
527 Explanation of and reasons for orders 579
527A Judicial resolution conference 583
527B Protection of conduct of judicial resolution conference 583
Part 7.4—Powers 584
528 Court to have powers of Magistrates' Court 584
528A Enforcement of costs orders made in the Family Division 585
528B Issue of warrants in electronic form 586
529 Recall and cancellation of warrant 586
530 Power to adjourn proceeding 588
531 Power to dispense with service 590
532 Witness summonses 590
533 Court may reserve question of law for determination by Supreme Court 593
533A Court may issue or transmit court documents electronically 594
533B Court may receive documents electronically 595
Part 7.5—Restriction on publication of proceedings 596
534 Restriction on publication of proceedings 596
534A Certain publications exempted from the restriction on publication of proceedings 599
534B Certain publications exempted if publication is in relation to sentencing of an adult 600
Part 7.6—Court officers 602
535 Principal registrar, registrars and deputy registrars 602
536 Appointment of Aboriginal elders or respected persons 602
537 Court register 603
538 Process 604
539 Powers of registrar 604
540 Fees 606
541 Extortion by and impersonation of court officials 606
542 Protection of registrars 607
Part 7.6A—Judicial registrars 608
542A Assignment of duties 608
542B Guidelines relating to the appointment of judicial registrars 608
542C Recommendations for appointment of judicial registrars 609
542D Appointment by Governor in Council 609
542E Remuneration and terms and conditions of appointment 610
542EA Oath or affirmation of office 612
542F Resignation from office 612
542J Performance of duties by judicial registrar 612
542K Appeal from or review of determination of Court constituted by judicial registrar 613
Part 7.7—Court services 615
543 Youth justice officers 615
544 Duties of youth justice officers 616
545 Children's Court Liaison Office 617
546 Children's Court Clinic 617
Part 7.8—Reports to the Court 619
Division 1—General 619
547 Reports to which Part applies 619
548 Notification of requirement to submit report 619
549 Warning to be given to persons being interviewed 620
550 Attendance at Court of author of report 620
551 Disputed report 621
552 Confidentiality of reports 622
Division 2—Protection reports 623
553 Protection reports 623
554 Secretary to forward report to Court 623
555 Content of protection report 623
556 Access to protection report 623
Division 3—Disposition reports and additional reports 625
557 Disposition reports 625
558 Content of disposition report 626
559 Access to disposition report 627
560 Additional report 628
561 Access to additional report 629
562 Access to additional reports prepared by Secretary to Department of Justice 631
Division 4—Therapeutic treatment application reports 633
563 Therapeutic treatment application reports 633
564 Content of therapeutic treatment application report 633
565 Secretary to forward report to Court 633
566 Access to therapeutic treatment application report 634
Division 5—Therapeutic treatment (placement) reports 635
567 Therapeutic treatment (placement) reports 635
568 Content of therapeutic treatment (placement) report 635
569 Secretary to forward report to Court 636
570 Access to therapeutic treatment (placement) report 636
Division 6—Pre-sentence reports 637
571 Court may order pre-sentence report 637
572 Who prepares pre-sentence reports? 638
573 Contents of pre-sentence report 638
574 Pre-sentence report to be filed in the Court 640
575 Access to pre-sentence reports 640
Division 7—Group conference reports 641
576 Group conference report 641
577 Who prepares group conference reports? 642
578 Content of group conference report 642
579 Group conference report to be filed in the Court 642
580 Access to group conference report 642
Part 7.9—Children and Young Persons Infringement Notice System 643
581 CAYPINS procedure 643
582 Certain agencies may give information for enforcement purposes 643
Part 7.10—General 645
583 Witness who has previously appeared in Children's Court 645
584 Accused or other person who has previously appeared in Children's Court 646
585 Transfer of proceedings from Magistrates' Court to Children's Court 647
586 Supreme Court or County Court may exercise sentencing powers of Children's Court 647
587 Notice to be filed if child is placed in emergency care or apprehended without warrant 648
Part 7.11—Rules 649
588 Rules 649
589 Rules of court 653
590 Rules of court—Koori Court (Criminal Division) 654
590A Rules of court—Neighbourhood Justice Division 654
591 Disallowance 654
592 Practice notes 654
Chapter 7A—Relevant historical care and protection orders 656
Part 7A.1—Recognition of matters relating to relevant historical care and protection orders 656
592A Statement of recognition 656
592B Definitions 657
592C Meaning of *relevant historical care and protection order* 658
592D Application of this Part 660
592E Effect of relevant historical care and protection order in relation to matters concerning convictions, findings of guilt or criminal history 660