Div 3Family conference

Division 3—Family conference 9—Youth Justice Co-ordinators (1) The following are to be Youth Justice Co-ordinators: (a) the magistrates who are members of the Youth Court's principal or ancillary judiciary; and (b) the persons who are appointed as Youth Justice Co-ordinators. (1a) Youth Justice Co-ordinators (who are not magistrates) will be appointed under the Courts Administration Act 1993. (2) A person appointed as a Youth Justice Co-ordinator will be appointed for a term not exceeding three years specified in the instrument of appointment and is, on the expiration of a term of appointment, eligible for re-appointment. (3) A person cannot be appointed as a Youth Justice Co-ordinator unless the Judge of the Court has been consulted in relation to the proposed appointment. (4) A person appointed as a Youth Justice Co-ordinator is responsible to the Judge of the Court (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties. 10—Convening of family conference (1) When a police officer notifies a Youth Justice Co-ordinator of an offence so that a family conference may be convened to deal with the matter, the officer must supply the Youth Justice Co-ordinator with the names and addresses of— (a) the guardians of the youth; and (b) any relatives of the youth who may, in the opinion of the officer, be able to participate usefully in the family conference; and (c) any other person who has had a close association with the youth and may, in the opinion of the authorised officer, be able to participate usefully in the family conference; and (d) the victim of the offence and, if the victim is a youth, the guardians of the victim; and (e) a person who has suffered loss or damage as a result of the offence, and if that person is a youth, the person's guardians. (2) The Youth Justice Co-ordinator— (a) will fix a time and place for the family conference; and (b) will issue a notice requiring the youth to attend at that time and place; and (c) will invite the persons referred to in subsection (1) and, in the case of a youth referred to in subsection (1)(d) or (e), will invite them to bring along a person of their choice to provide assistance and support; and (d) will invite other persons, whom the Youth Justice Co-ordinator, after consultation with the youth and members of the youth's family, thinks appropriate to attend the conference at that time and place. 11—Family conference, how constituted (1) A family conference consists of— (a) a Youth Justice Co-ordinator (who will chair the conference); and (b) the youth; and (c) such of the persons invited to attend the conference as attend in response to that invitation; and (d) a representative of the Commissioner of Police. (2) A family conference should act if possible by consensus of the youth and such of the persons invited to attend the conference as attend in response to that invitation. (3) A decision by a family conference is not however to be regarded as validly made unless the youth and the representative of the Commissioner of Police concur in the decision. (4) A youth is entitled to be advised by a legal practitioner at a family conference. (5) If a family conference fails to reach a decision, the Youth Justice Co-ordinator must refer the matter to the Court and the Court may decide any question, and exercise any power, that could have been decided or exercised by the family conference. 12—Powers of family conference (1) A family conference has the following powers: (a) the conference may administer a formal caution against further offending; (b) the conference may require the youth to enter into an undertaking to pay compensation to the victim of the offence; (ba) the conference may require the youth to enter into an undertaking to pay compensation to a person who has suffered loss or damage as a result of the offence; (c) the conference may require the youth to enter into an undertaking to carry out a specified period (not exceeding 300 hours) of community service; (d) the conference may require the youth to enter into an undertaking to apologise to the victim of the offence; (e) the conference may require the youth to enter into an undertaking to apologise to a person who has suffered loss or damage as a result of the offence; (f) the conference may require the youth to do anything else that may be appropriate in the circumstances of the case. (2) In exercising powers under this section, the family conference must have regard to sentences imposed for comparable offences by the Court. (3) If a formal caution is administered, the caution must be put in writing and acknowledged in writing by the youth. (4) An undertaking will have a maximum duration of 12 months. (5) If a youth enters into an undertaking to pay compensation, a copy of the undertaking must be filed with the Registrar and payments of compensation must be made to the Registrar who will disburse the compensation to the victims or persons who have suffered loss or damage named in the undertaking. (6) If a youth enters into an undertaking to carry out community service, a copy of the undertaking must be filed with the Registrar. (7) If a youth enters into an undertaking under this section to apologise to the victim of the offence or the person suffering loss or damage, the apology must be made in the presence of an adult person approved by the family conference or a Youth Justice Co-ordinator. (8) If a youth— (a) fails to attend at the time appointed for a family conference; or (b) does not comply with a requirement of the family conference; or (c) does not comply with an undertaking under this section, a police officer may lay a charge before the Court for the offence in relation to which the conference was convened. (9) A charge may be laid under subsection (8) even though a period of limitation relating to the commencement of proceeding for the relevant offence has expired, but the charge must be laid not more than 12 months after the expiration of that period of limitation. (10) If— (a) a youth is cautioned, and no further requirements are made of the youth, under this section; or (b) all requirements made of the youth under this section (including obligations arising from an undertaking given by the youth) are complied with, the youth is not liable to be prosecuted for the offence. (11) If a family conference deals with an offence under this Division (other than an offence described in subsection (12)), the Youth Justice Co‑ordinator must— (a) ask the victim of the offence whether he or she wishes to be informed of the identity of the offender and how the offence has been dealt with; and (b) if the victim indicates that he or she does wish to have that information—give the victim that information. (12) If a family conference deals with an offence (as a result of which a person has suffered loss or damage) under this Division, the Youth Justice Co-ordinator must— (a) ask the person whether they wish to be informed of the identity of the offender and how the offence has been dealt with; and (b) if the person indicates that they do wish to have that information—give that information accordingly.