Part 8—Miscellaneous
57—Determination of a person's age
(1) A court, family conference, or police officer will, in determining the age of a person for the purpose of this Act, act on the best evidence or information that is reasonably available but, in the absence of any such evidence or information, may itself estimate the age of the person.
(2) If, in any proceedings before a court, it becomes apparent to the court that the person the subject of those proceedings should, by reason of age, be dealt with in some other court, the court may remand that person to appear in the appropriate court.
58—Prior offences
(1) If a person has been dealt with under this Act by a police officer or a family conference, and the question of prior offences subsequently arises in proceedings relating to offences committed by that person as an adult, the offences for which the person was dealt with by the police officer or family conference will be disregarded.
(2) Records of admissions of guilt on the basis of which a youth was dealt with by a police officer or family conference under this Act are admissible as evidence of prior offending in subsequent proceedings relating to offences committed before the youth reached 18 years of age but any offences so dealt with will be regarded as of minor significance.
59—Detention and search by officers of Department
An officer of the Department authorised by the Chief Executive for the purpose is entitled to the lawful custody of a youth against whom proceedings under this Act have been, or are about to be, brought, while that youth is being conveyed to or from a court, or while the youth is within the precincts of the court, and may, at any time, search the youth and remove any object that the officer considers may cause injury or damage to any person or property.
59A—Power of arrest by officers of the Department
(1) An officer of the Department may, without warrant, apprehend any youth who has escaped from custody or who the officer has reasonable grounds to believe is otherwise unlawfully at large.
(2) An officer of the Department may, in exercising powers under subsection (1), break into any premises where the officer reasonably suspects the youth to be.
(3) A youth apprehended under this section must be returned forthwith to a training centre.
(4) However, if the youth is arrested outside an area specified in the regulations, the youth may be detained—
(a) with a person or in a place (other than a prison) approved by the Minister; or
(b) if it is not reasonably practicable to detain the youth as provided by paragraph (a), in a police prison, or in a police station, watch‑house or lock‑up approved by the Minister,
but only until such time as it is reasonably practicable to transfer the youth to a training centre.
(5) The person for the time being in charge of a police prison, police station, watch-house or lock-up in which a youth is detained under this section must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult person detained in that place.
60—Hindering an officer of the Department
A person who hinders an officer of the Department in the exercise of powers under this Act is guilty of an offence.
Maximum penalty: $2 500.
61—Issue of warrant
No person may issue an order for the removal of a youth from any place, or a warrant for the arrest of a youth, unless the allegations made in respect of the youth by the person seeking the order or warrant have been substantiated on oath or by affidavit.
62—Detention of youths in emergencies
(1) Despite any other provision of this Act, if the Minister is of the opinion that an emergency has arisen (whether out of an industrial dispute or any other circumstance) by virtue of which it is impossible or impracticable to detain youths in training centres or other approved places as provided by this Act, a youth who is to be detained under this Act may be detained—
(a) in a police prison; or
(b) in a police station, watch-house or lock-up approved by the Minister,
until the emergency is, in the opinion of the Minister, over.
(2) The person for the time being in charge of the place in which a youth is being detained under this section must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult person being detained in the same place.
63—Transfer of youths in detention to other training centre or prison
(1) If a youth has been detained in, or remanded to, a training centre pursuant to an order of a court, the Chief Executive may, in such circumstances as the Chief Executive thinks fit, direct that the youth be removed and placed in some other training centre.
(2) If a person who is of or above the age of 18 years is detained in, or remanded to, a training centre or another place pursuant to an order of a court, the person or the Chief Executive may apply to the Youth Court for an order that the person be transferred to a prison for the remainder of the period of detention or remand.
(3) The Youth Court may not make an order under subsection (2) unless satisfied that, in the circumstances, a prison would be an appropriate place for the person to be held for the remainder of the period of detention or remand.
(4) If a person who is of or above the age of 17 years has been remanded to, or is being detained in, a training centre or another place pursuant to an order of a court, the Chief Executive may apply to the Youth Court for an order that the person be transferred to a prison for the remainder of the period of remand or detention.
(5) The Youth Court may not make an order under subsection (4) unless satisfied that—
(a) the person—
(i) cannot be properly controlled in that training centre or other place; or
(ii) has, within the period of 14 days preceding the date of the application, been found guilty of assaulting a person employed, or detained, in that training centre or other place; or
(iii) has persistently incited others in the training centre or other place to cause a disturbance; or
(iv) has escaped or attempted to escape from the training centre; or
(b) the person's needs for rehabilitation, care, correction and guidance cannot be met in that training centre or other place and it is in the best interests of the person for him or her to be transferred to a prison.
(6) If the Youth Court is satisfied, on an application under subsection (4), that the person is likely to be a danger to others, the Court may order that the person be held in custody in a prison until the Court has determined the application.
(7) The Youth Court may, on the application of the Chief Executive, the person or a guardian of the person, revoke an order made under subsection (4).
(8) If a person is held in custody in a prison by order under this section, the Correctional Services Act 1982 applies to and in relation to that person.
(9) For the purposes of determining an application under this section, the Youth Court must be constituted of the Judge of the Court or a magistrate.
63A—Effect of remand in prison
(1) If a youth who is serving a sentence of detention or imprisonment in a training centre (a youth sentence) is remanded to a prison in relation to an offence alleged to have been committed after turning 18 years of age (an adult offence), the youth must be transferred to a prison and will be taken to be serving the youth sentence during the period of the remand.
(2) If, at the end of a period of remand in prison for an adult offence—
(a) a youth sentence is still running; and
(b) no immediately servable sentence of imprisonment was imposed for the adult offence,
the youth must be transferred to a training centre.
(3) The Correctional Services Act 1982 applies to and in relation to a youth transferred to a prison under subsection (1).
(4) For the purposes of this section, a sentence of detention includes an order for detention issued for the enforcement of a community service order.
63B—Application of Correctional Services Act 1982 to youth with non-parole period
If a youth is serving a non-parole period in a training centre, Division 3 of Part 6 (release on parole) of the Correctional Services Act 1982 applies to and in relation to the youth as if the youth were a prisoner in a prison subject to the following modifications:
(a) a reference to the Parole Board will be taken to be a reference to the Training Centre Review Board;
(b) a reference to a community corrections officer will be taken to be a reference to a community youth justice officer under the Youth Justice Administration Act;
(c) a reference to the CE will be taken to be a reference to the Chief Executive.
63C—Restrictions on reports of proceedings
(1) A person must not publish, by radio, television, newspaper or in any other way, a report of proceedings in which a child or youth is alleged to have committed an offence, if—
(a) the court before which the proceedings are heard prohibits publication of any report of the proceedings; or
(b) the report—
(i) identifies the child or youth or contains information tending to identify the child or youth; or
(ii) reveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of any child or youth who is concerned in those proceedings, either as a party or a witness.
(2) The court before which the proceedings are heard may, on such conditions as it thinks fit, permit the publication of particulars, pictures or films that would otherwise be suppressed from publication under subsection (1)(b).
(3) A person who contravenes this section, or a condition imposed under subsection (2), is guilty of an offence.
Maximum penalty: $10 000.
64—Information about youth may be given in certain circumstances
(1) If a youth is proceeded against or dealt with under this Act for an alleged offence, a person who has suffered injury or loss or damage in consequence of the circumstances alleged to constitute the offence is entitled, on application in writing to the Commissioner of Police, to be informed of the name and address of that youth.
65—Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may, for example—
(a) regulate the administration and management of training centres; and
(b) regulate the practice and procedure of the Training Centre Review Board; and
(c) prescribe forms to be used under this Act; and
(d) prescribe the procedures to be observed in relation to the detention of a youth prior to being dealt with by a court, or while a youth is being conveyed to or from any court, or while a youth is in attendance at any court; and
(e) prescribe fines, not exceeding $1 250 in each case, for breach of the regulations.
Legislative history
Notes
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or .
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Young Offenders Act 1993
27.5.1993
1.1.1994 (Gazette 4.11.1993 p2178)
Statutes Amendment (Truth in Sentencing) Act 1994
2.6.1994
1.8.1994 (Gazette 14.7.1994 p69)
Statutes Amendment (Courts Administration Staff) Act 1995
30.11.1995
14.12.1995 (Gazette 14.12.1995 p1641)
Statutes Amendment (Sentencing of Young Offenders) Act 1996
15.8.1996
8.10.1996 (Gazette 29.8.1996 p810)
Statutes Amendment (Young Offenders) Act 1998
13.8.1998
Pt 4 (ss 10—15)—1.10.1998 (Gazette 10.9.1998 p815)
Statutes Amendment and Repeal (Justice Portfolio) Act 1999
5.8.1999
Pt 13 (ss 57—59)—3.10.1999 (Gazette 23.9.1999 p1208)
Statutes Amendment (Warrants of Apprehension) Act 2000
1.6.2000
Pt 4 (ss 6—11)—1.7.2000 (Gazette 15.6.2000 p3131)
Young Offenders (Publication of Information) Amendment Act 2000
6.7.2000
20.8.2000 (Gazette 10.8.2000 p444)
Statutes Amendment and Repeal (Attorney-General's Portfolio) Act 2000
20.7.2000
Pt 16 (s 32)—14.8.2000 (Gazette 10.8.2000 p444)
Statutes Amendment (Courts) Act 2004
8.7.2004
Pt 10 (s 28)—1.9.2004 (Gazette 26.8.2004 p3402)
Statutes Amendment (Young Offenders) Act 2007
29.11.2007
Pt 4 (ss 6—11)—3.2.2008 (Gazette 31.1.2008 p349)
Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009
5.11.2009
Pt 4 (ss 12—23) and Pt 5 (s 24)—27.6.2010 (Gazette 17.6.2010 p3077)
Correctional Services (Miscellaneous) Amendment Act 2009
26.11.2009
Sch 1 (cll 1 & 2)—1.1.2010 (Gazette 10.12.2009 p6167)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 168 (ss 381 & 382)—1.2.2010 (Gazette 28.1.2010 p320)
Statutes Amendment (Attorney-General's Portfolio) Act 2012
24.5.2012
Pt 13 (s 25)—5.8.2012 (Gazette 2.8.2012 p3302)
Statutes Amendment (Serious Firearm Offences) Act 2012
27.9.2012
Pt 7 (ss 32—37)—4.3.2013 (Gazette 21.2.2013 p485)
Statutes Amendment (Fines Enforcement and Recovery) Act 2013
1.8.2013
Pt 12 (s 50)—3.2.2014 (Gazette 30.1.2014 p422)
Statutes Amendment (Young Offenders) Act 2013
Pt 2 (ss 3—5) & Sch 1—14.11.2013
Firearms Act 2015
17.12.2015
Sch 1 (cl 23)—1.7.2017 (Gazette 27.6.2017 p2619)
Youth Justice Administration Act 2016
17.3.2016
Sch 1 (cll 13—28)—1.12.2016 (Gazette 8.9.2016 p3677)
Statutes Amendment (Home Detention) Act 2016
26.5.2016
Pt 4 (s 16)—10.6.2016 (Gazette 9.6.2016 p2057)
Statutes Amendment (Youth Court) Act 2016
30.6.2016
Pt 3 (ss 12—18)—1.1.2017 (Gazette 8.12.2016 p4903); s 17(1) & (2) are of no effect because they purport to delete words that do not appear in the relevant subsections
Statutes Amendment (Courts and Justice Measures) Act 2016
Pt 10 (s 16)—8.12.2016: s 2(1)
Summary Procedure (Indictable Offences) Amendment Act 2017
14.6.2017
Sch 2 (cll 35—38 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)
Statutes Amendment (Sentencing) Act 2017
28.11.2017
Pt 23 (ss 36 & 37)—30.4.2018 (Gazette 6.2.2018 p612)
Statutes Amendment (Youths Sentenced as Adults) Act 2017
Pt 2 (s 4) & Sch 1 (cl 1)—12.12.2017: s 2(1)
Statutes Amendment (Terror Suspect Detention) Act 2017
Pt 6 (ss 28 to 33)—26.2.2018 (Gazette 13.2.2018 p733)
Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017
Pt 13 (ss 31 to 38)—1.3.2018 (Gazette 6.2.2018 p610)
Statutes Amendment (Attorney-General's Portfolio) Act 2018
Pt 7 (ss 13 to 16)—15.11.2018: s 2(1)
Statutes Amendment (Attorney-General's Portfolio) Act 2020
1.10.2020
Pt 8 (s 15)—21.11.2021 day on which s 7 of Controlled Substances (Youth Treatment Orders) Amendment Act 2019 commenced: s 2(5)
Statutes Amendment (Child Sexual Abuse) Act 2021
9.12.2021
Pt 7 (s 23)—1.6.2022 (Gazette 17.2.2022 p490)
Criminal Law Consolidation (Mental Competence) Amendment Act 2025
27.3.2025
Sch 1 (cl 4)—14.7.2025 (Gazette 5.6.2025 p1385)
Statutes Amendment (Recidivist Young Offenders) Act 2025
20.11.2025
Pt 4 (ss 8 & 9)—16.2.2026 (Gazette 12.2.2026 p243)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
Part Part 8 - Young Offenders Act 1993 - Miscellaneous | Zoe
s 2
omitted under Legislation Revision and Publication Act 2002
s 3
s 3(2)
(b) deleted by 68/1996 s 30(a)
s 3(2a)
inserted by 68/1996 s 30(b)
amended by 57/2007 s 6
amended by 67/2017 s 4(1)
substituted by 52/2025 s 8(1)
s 3(2b)
inserted by 52/2025 s 8(1)
s 3(3)
amended by 70/2017 s 31
s 3(4)
inserted by 67/2017 s 4(2)
amended by 52/2025 s 8(2)
s 4
s 4(1)
s 4 redesignated as s 4(1) by 63/2009 Sch 1 cl 1
Chief Executive
inserted by 68/1996 s 31(a)
Commonwealth Criminal Code
inserted by 69/2017 s 28(1)
community youth justice officer
inserted by 6/2016 Sch 1 cl 13(1)
Department
substituted by 84/2009 s 381
substituted by 6/2016 Sch 1 cl 13(2)
designated member
inserted by 69/2017 s 28(2)
Director-General
deleted by 68/1996 s 31(b)
domestic partner
inserted by 52/2009 s 12(1)
home detention officer
inserted by 68/1996 s 31(c)
immediate family
inserted by 52/2009 s 12(2)
injury
inserted by 52/2009 s 12(2)
Judge
deleted by 32/2016 s 12
loss or damage
inserted by 70/2017 s 32(1)
police officer
deleted by 52/2009 s 12(3)
recidivist young offender
inserted by 52/2009 s 12(3)
amended by 53/2017 s 36(1)
amended by 52/2025 s 9
registered victim
inserted by 52/2009 s 12(3)
serious firearm offender
inserted by 33/2012 s 32
amended by 53/2017 s 36(2)
spouse
inserted by 52/2009 s 12(4)
terrorism intelligence authority
terrorism notification
terrorist offence
terror suspect
training centre
substituted by 6/2016 Sch 1 cl 13(3)
victim
inserted by 52/2009 s 12(5)
Victims Register
inserted by 52/2009 s 12(5)
Youth Justice Administration Act
inserted by 6/2016 Sch 1 cl 13(4)
Youth Parole Board
inserted by 52/2009 s 12(6)
s 4(2)
inserted by 63/2009 Sch 1 cl 1
s 4(2a)
inserted by 70/2017 s 32(2)
s 4(3)
inserted by 69/2017 s 28(4)
s 4(4) and (5)
inserted by 69/2017 s 28(4)
s 4A
inserted by 63/2009 Sch 1 cl 2
s 5A
inserted by 52/2009 s 13
Pt 2
s 6
s 6(3)
substituted by 52/2009 s 14
s 6(4)
inserted by 52/2009 s 14
s 8
s 8(1)
amended by 70/2017 s 33(1)—(3)
s 8(5a)
inserted by 70/2017 s 33(4)
s 8(9)
amended by 70/2017 s 33(5)
s 8(10)
inserted by 70/2017 s 33(6)
s 9
s 9(1)
amended by 85/1995 s 18(a)
14.12.1995
s 9(1a)
inserted by 85/1995 s 18(b)
14.12.1995
s 9(3)
amended by 32/2016 s 13(1)
s 9(4)
amended by 32/2016 s 13(2)
s 10
s 10(1)
amended by 70/2017 s 34(1)
s 10(2)
amended by 70/2017 s 34(2)
s 12
s 12(1)
amended by 70/2017 s 35(1)—(3)
s 12(5)
amended by 70/2017 s 35(4)
s 12(7)
amended by 70/2017 s 35(5)
s 12(11)
amended by 70/2017 s 35(6)
s 12(12)
inserted by 70/2017 s 35(7)
s 13
s 13(1)
amended by 70/2017 s 36
s 13(1a)—(1j)
inserted by 33/2000 s 3(a)
s 13(2)
amended by 33/2000 s 3(b)
s 13(3)
amended by 68/1996 s 32
amended by 33/2000 s 3(c)
s 13(5)
inserted by 33/2000 s 3(d)
Pt 3
s 15
s 15(1)
amended by 68/1996 s 33
amended by 41/1998 s 10(a)
s 15(1a)
inserted by 41/1998 s 10(b)
substituted by 6/2016 Sch 1 cl 14
s 15(3)
amended by 41/1998 s 10(c)
Pt 4
Pt 4 Div A1
inserted by 57/2007 s 7
s 15A
amended by 33/2012 s 33
Pt 4 Div 1
s 16
s 16(1)
s 16 amended and redesignated as s 16(1) by 57/2007 s 8(1), (2)
s 16(2)
inserted by 57/2007 s 8(2)
s 17
s 17(1)
amended by 68/1996 s 34
amended by 57/2007 s 9(1)
s 17(3)
amended by 57/2007 s 9(2)
amended by 18/2017 Sch 2 cl 35
s 17A
inserted by 57/2007 s 10
s 17A(2)
amended by 18/2017 Sch 2 cl 36
Pt 4 Div 2
amended by 57/2007 s 11
amended by 18/2017 Sch 2 cl 37
s 18
amended by 68/1996 s 35
s 19
amended by 68/1996 s 36
amended by 18/2017 Sch 2 cl 38
s 19A
inserted by 57/2021 s 23
1.6.2022
Pt 4 Div 3
s 22
s 22(2)
amended by 53/2017 s 37
s 23
s 23(1)
amended by 41/1998 s 11(a)
s 23(2)
amended by 6/2016 Sch 1 cl 15(1)
s 23(4)
substituted by 52/2009 s 15
amended by 33/2012 s 34
s 23(5)
substituted by 68/1996 s 37
s 23(6)
deleted by 68/1996 s 37
inserted by 41/1998 s 11(b)
amended by 6/2016 Sch 1 cl 15(2)—(5)
s 23(7)
inserted by 41/1998 s 11(b)
s 24
amended by 68/1996 s 38
s 25
s 25(1)
s 25 redesignated as s 25(1) by 68/1996 s 39
s 25(2)
inserted by 68/1996 s 39
s 26
s 26(3)
amended by 68/1996 s 40(a)
amended by 70/2017 s 37
s 26(4)
amended by 68/1996 s 40(b)
s 26(5) and (6)
inserted by 6/2016 Sch 1 cl 16
s 28
s 28(2)
amended by 32/2016 s 14
s 28(3)
amended by 68/1996 s 41
Pt 4 Div 4
s 29
s 29(4)
amended by 61/2013 s 3
Pt 4 Div 5
s 30
s 30(1)—(3)
amended by 68/1996 s 42
s 32
s 32(1)
amended by 68/1996 s 43
s 32(4a)
inserted by 12/2025 Sch 1 cl 4
14.7.2025
s 34
s 34(3)
amended by 68/1996 s 44
Pt 5 Div 1
s 36
s 36(2)
substituted by 6/2016 Sch 1 cl 17(1)
s 36(2a)
inserted by 68/1996 s 45
deleted by 41/1998 s 12
s 36(4)
(a) deleted by 35/1994 s 19
1.8.1994
amended by 42/1999 s 57(a)
amended by 6/2016 Sch 1 cl 17(2)
amended by 29/2018 s 13
s 36(5)
amended by 42/1999 s 57(b)
Pt 5 Div 1A
inserted by 41/1998 s 13
s 36A
s 36A(1)
amended by 6/2016 Sch 1 cl 18
Pt 5 Div 2 before deletion by 61/2013
s 37
s 37(1a)
inserted by 52/2009 s 16(1)
s 37(3a) and (3b)
inserted by 33/2013 s 35
s 37(5a)—(5c)
inserted by 52/2009 s 16(2)
s 37(7)
amended by 18/2000 s 6(a)
amended by 52/2009 s 16(3)
s 37(8)
amended by 18/2000 s 6(b)
amended by 52/2009 s 16(4)
s 37(9)
amended by 52/2009 s 16(5)
s 37(9a)
inserted by 18/2000 s 6(c)
amended by 52/2009 s 16(6)
s 37(11)
amended by 68/1996 s 46
Pt 5 Div 2
deleted by 61/2013 s 4
Pt 5 Div 2A
inserted by 68/1996 s 47
s 37A
s 37A(3)
residence
substituted by 20/2016 s 16
10.6.2016
Pt 5 Div 3
Pt 5 Div 3 Subdiv 1
inserted by 52/2009 s 17
s 38
s 38(2)
amended by 68/1996 s 48(a), (b)
amended by 52/2009 s 18(1)—(3)
amended by 32/2016 s 15
s 38(3)
amended by 68/1996 s 48(c)
s 38(6a) and (6b)
inserted by 68/1996 s 48(d)
deleted by 84/2009 s 382
s 38(9)
amended by 68/1996 s 48(e)
deleted by 52/2009 s 18(4)
s 38(10)
deleted by 52/2009 s 18(4)
s 39 before substitution by 52/2009
s 39(1)
amended by 68/1996 s 49
s 39
substituted by 52/2009 s 19
39(2)
amended by 32/2016 s 16(1), (2)
amended by 69/2017 s 29
s 39(6)
amended by 6/2016 Sch 1 cl 19(1), (2)
s 40 before deletion by 16/2016
s 40(1)
amended by 68/1996 s 50(a), (b)
s 40(2) and (4)
amended by 68/1996 s 50(a)
s 40(5)
amended by 18/2000 s 7(a)
s 40(6) and (7)
inserted by 18/2000 s 7(b)
s 40
deleted by 16/2016 s 16
s 40
inserted by 29/2018 s 14
Pt 5 Div 3 Subdiv 2
inserted by 52/2009 s 20
s 40A
inserted by 18/2000 s 8
s 40A(1a)
inserted by 6/2016 Sch 1 cl 20
s 41 before substitution by 52/2009
s 41(1)
amended by 68/1996 s 51(a)
deleted by 18/2000 s 9(a)
s 41(3)
substituted by 68/1996 s 51(b)
s 41(5)
amended by 68/1996 s 51(c)
amended by 18/2000 s 9(b)
s 41(5a)
inserted by 68/1996 s 51(d)
amended by 18/2000 s 9(c)
s 41(5b)
inserted by 68/1996 s 51(d)
s 41(10)
amended by 18/2000 s 9(d)
s 41(10a)
inserted by 18/2000 s 9(e)
s 41(12)
amended by 68/1996 s 51(a)
s 41(14) and (15)
inserted by 68/1996 s 51(e)
s 41
deleted by 52/2009 s 21
Pt 5 Div 3 Subdiv 3
inserted by 52/2009 s 21
amended by 6/2016 Sch 1 cl 21
s 41
s 41(2)
amended by 69/2017 s 30
s 41A
s 41A(2)
amended by 17/2012 s 25(1)
amended by 33/2012 s 36(1)
amended by 46/2015 Sch 1 cl 23
1.7.2017
amended by 6/2016 Sch 1 cl 22(1)
s 41A(3)
amended by 17/2012 s 25(2)
amended by 33/2012 s 36(2)
amended by 6/2016 Sch 1 cl 22(2)
s 41A(3a)
inserted by 6/2016 Sch 1 cl 22(3)
s 41A(4a)
inserted by 33/2012 s 36(3)
s 41B
s 41B(1)
amended by 6/2016 Sch 1 cl 23
s 41BA
inserted by 69/2017 s 31
Pt 5 Div 3 Subdiv 4
inserted by 52/2009 s 22
s 42
s 42(1)
amended by 68/1996 s 52
Pt 5 Div 3A
inserted by 33/2012 s 37
s 42A
s 42A(1)
amended by 61/2013 s 5
Pt 5 Div 4
deleted by 6/2016 Sch 1 cl 24
inserted by 69/2017 s 32
s 43
s 43(3)
amended by 29/2018 s 15
Pt 5 Div 5
s 48
s 48(1)
amended by 68/1996 s 53(a)
s 48(6)
inserted by 68/1996 s 53(b)
amended by 18/2000 s 10
substituted by 34/2020 s 15
21.11.2021
Pt 6
heading amended by 68/1996 s 54
s 49
s 49(1)
substituted by 68/1996 s 55
s 49A
inserted by 68/1996 s 56
amended by 31/2013 s 50
3.2.2014
s 50
amended by 68/1996 s 57
s 51 before deletion by 6/2016
s 51(1)
amended by 68/1996 s 58
s 51
Pt 7 before deletion by 23/2004
s 56
s 56(1) and (2)
amended by 68/1996 s 59
Pt 7
deleted by 23/2004 s 28
Pt 8
s 59
amended by 68/1996 s 60
s 59A
inserted by 68/1996 s 61
s 60
amended by 68/1996 s 62
s 61
amended by 18/2000 s 11
s 63 before substitution by 6/2016
s 63(1)
s 63(2)
amended by 41/1998 s 14(a), (b)
s 63(3)
amended by 41/1998 s 14(c)
s 63(4)
amended by 41/1998 s 14(d)
s 63(6)
s 63(7)
amended by 41/1998 s 14(e)
s 63(8)
deleted by 41/1998 s 14(f)
s 63
substituted by 6/2016 Sch 2 cl 26
s 63(9)
as in force immediately before 1.1.2017 omitted under Legislation Revision and Publication Act 2002
s 63(9)
inserted by 32/2016 s 17(3)
s 63A
inserted by 41/1998 s 15
s 63B
inserted by 41/1998 s 15
amended by 42/1999 s 58
amended by 57/2000 s 32
14.8.2000
amended by 6/2016 Sch 2 cl 27
amended by 29/2018 s 16
s 63C
inserted by 42/1999 s 59
s 64
s 64(1)
s 64 redesignated as s 64(1) by 52/2009 s 23
amended by 70/2017 s 38
s 64(2)—(6)
inserted by 52/2009 s 23
deleted by 6/2016 Sch 1 cl 28
s 65
s 65(2)
amended by 68/1996 s 64
Transitional etc provisions associated with Act or amendments
Statutes Repeal and Amendment (Children's Protection and Young Offenders) Act 1993
3—Interpretation
In this Act—
commencement day means the day on which this Act comes into operation;
new legislation means—
(a) the Young Offenders Act 1993; and
(b) the Youth Court Act 1993;
former legislation means the Children's Protection and Young Offenders Act 1979.
19—Transitional provisions—offences
(1) Proceedings in relation to an offence alleged to have been committed before the commencement day may be taken under the new legislation.
(2) Proceedings before the Children's Court of South Australia under the former legislation in relation to such an offence may be continued and completed before the Youth Court of South Australia under the new legislation.
(3) A person may not be subjected to a penalty under the new legislation for an offence committed before the commencement day unless—
(a) the penalty is of the same nature as could have been imposed under the former legislation (and for this purpose an order under section 26 of the Young Offenders Act 1993 is to be taken to be of the same nature as a bond); and
(b) the penalty is no more severe than could have been properly imposed under the former legislation.
(4) A judge or magistrate who was a judicial officer of the Children's Court of South Australia may (even though not a judicial officer of the Youth Court of South Australia) sit as a member of the Youth Court of South Australia for the purpose of continuing and completing the hearing and determination of proceedings commenced or part heard before the commencement day.
(5) An order or bond in force under Part 7 of the former legislation immediately before the commencement day remains in force under, but subject to, the former legislation.
(6) The former legislation remains in force in relation to an order or bond to which subsection (5) applies, and any further order or bond imposed on breach of the order or bond or in relation to the same offence, as if references to the Children's Court of South Australia were references to the Youth Court of South Australia, and with any further modifications that may be prescribed by regulation.
Statutes Amendment (Courts Administration Staff) Act 1995
20—Transitional provision
(1) An appointment to a non-judicial office or position made or purportedly made before the commencement of this Act in accordance with an Act that is amended by this Act will be taken to have been duly made under the statutory provisions that, as amended by this Act, provide for the making of such an appointment as if this Act had been enacted and in force at the relevant time.
Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009, Pt 5
24—Social Development Committee to inquire into and report on operation of Act
The Social Development Committee of the Parliament must, within 3 years after the commencement of Parts 3 and 4 of the Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009, in consultation with the Attorney‑General, inquire into, consider and report on the operation of the Act (including any effect the operation of the Act has had on the criminal justice system in South Australia).
Statutes Amendment (Young Offenders) Act 2013, Sch 1—Transitional provisions
1—Interpretation
In this Schedule—
repealed section means section 37 of the Young Offenders Act 1993 repealed by section 4.
2—Applications under section 37 of Young Offenders Act 1993
(1) Despite section 16 of the Acts Interpretation Act 1915 or a provision of any other Act or law, any right accrued but not yet exercised, or, if exercised, not yet determined, under the repealed section is, by force of this subclause, extinguished.
(2) To avoid doubt, subclause (1)—
(a) prevents an application for release on licence from being made under the repealed section regardless of whether the youth could have made such an application before the commencement of that subclause; and
(b) defeats any application for release on licence made by a youth under the repealed section that had not yet been determined before the commencement of that subclause.
3—Youths currently subject to licence
(1) Subject to this clause, a release on licence of a youth under the repealed section that has not been cancelled will be taken to continue in accordance with its terms.
(2) Section 37 of the Young Offenders Act 1993, as in force immediately before the commencement of this clause, will be taken to continue to apply in relation to a release on licence continued under this clause as if that section had not been repealed.
Statutes Amendment (Youth Court) Act 2016
18—Transitional provision
(1) A person who was a member of the Training Centre Review Board immediately before the commencement day may sit as a member of the Board for the purpose of continuing and completing the hearing and determination of proceedings that are, on the commencement day, part heard.
(2) In this section—
commencement day means the day on which this Part comes into operation.
Statutes Amendment (Youths Sentenced as Adults) Act 2017, Sch 1
1—Transitional provision
An amendment effected by this Act applies to a youth who is being sentenced as an adult after the commencement of the amendment, whether the offence in respect of which the youth is being sentenced occurred before or after that commencement.
Statutes Amendment (Terror Suspect Detention) Act 2017, Pt 6
33—Transitional provision
(1) The amendments to the Young Offenders Act 1993 effected by this Act apply in relation to—
(a) a youth who is serving a period of detention in a training centre; or
(b) a youth who is released subject to conditions in accordance with Part 5 Division 3 of the Young Offenders Act 1993,
on or after the commencement of this Part (regardless of when the relevant offence was committed).
(2) The reference in section 41BA of the Young Offenders Act 1993 (as amended by this Act) to a person becoming a terror suspect includes a person who, on the commencement of this Part, becomes a terror suspect because they are a person to whom section 4(4) of the Young Offenders Act 1993 (as amended by this Act) applies.
Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14
41—Transitional provision
The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).
Historical versions
Reprint No 1—1.8.1994