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Young Offenders Act 1994
10The *Young Offenders Amendment Act 2004* s. 6(3), which gives effect to Sch. 1, reads as follows:
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10 The *Young Offenders Amendment Act 2004* s. 6(3), which gives effect to Sch. 1, reads as follows:
6. Section 11 amended and transitional
(3) Schedule 1 has effect.
Schedule 1 reads as follows:
Schedule 1 — Transitional
[s. 6(3)]
1. Interpretation
In this Schedule —
***commencement*** means the day fixed as the day on which section 6 of this Act comes into operation;
***principal Act*** means the *Young Offenders Act 1994*.
2. Conditions of employment of “group workers” on commencement to continue
(1) A person who was paid by the Department as a custodial officer with primarily non‑administrative functions (***group worker***) immediately before commencement is, on commencement, to be taken to be appointed by the chief executive officer under section 11(1a)(a) of the principal Act (as amended by this Act), on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before commencement.
(2) A person to whom subclause (1) applies retains all existing and accruing rights and benefits as if the person’s employment, for the purposes of the principal Act, were a continuation of the person's employment immediately before commencement.
3. Conditions of employment of other employees and officers on commencement to continue
(1) A person who was appointed by the Minister under the Act as an overseer, or as an officer or employee without custodial functions, before commencement, and who is still employed immediately before commencement, is to be regarded, on commencement, as having been appointed by the chief executive officer under section 11(1a)(b) of the principal Act (as amended by this Act), on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before commencement.
(2) A person to whom subclause (1) applies retains all existing and accruing rights and benefits as if the person’s employment, for the purposes of the principal Act, were a continuation of the person's employment immediately before commencement.
Defined terms
*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*
**Defined term Provision(s)**
Aboriginal community 3(1)
appeal 11CA
appellant 11CA
appropriate person 23B(3)
approved 35
attendance conditions 3(1)
authorised person 169A(7)
Board 16B(1), 16C(1), 131, 142A(1), 150B
body sample 3(1)
category 1 offender 3(1)
category 2 offender 3(1)
CEO (child welfare) 15A(2)
chairperson 3(1)
Chief Commissioner 11CA
chief executive officer 3(1)
Chief Mental Health Advocate 16(1)
CLMI identified person 16(1)
commencement day 11CV(1), 235A
Commissioner of Police report 3(1)
Commonwealth Criminal Code 3(1)
community work conditions 3(1)
community work order 63
conditional release order 3(1)
confirmed control order 3(1)
contractor 16(1)
Coordinator 35
council 17A
court 3(1), 16D(1)
current offence 124(1)
current sentence 3(1)
custodial officer 3(1)
decision notice 11CA, 11CD(3)
defaulter 65A(1)
Department 3(1)
detainee 3(1), 188(1)
detention 3(1)
detention centre 3(1)
detention order 63
disclosure requirement 16D(1)
earliest release day 3(1)
exempt responsible adult 3(1)
fine 63
first sentence 123(1)
former provisions 234(1), 235(1)
general principles of juvenile justice 3(1)
imprisonment 3(1)
independent young person 3(1)
industrial commissioner 11CA
infringement notice 25(3)
intensive youth supervision order 3(1)
interim control order 3(1)
lock-up 3(1)
maintenance payment 11CA, 11CE(1)
maintenance period 11CA, 11CE(1)
medical officer 179(1)
medical treatment 179(1)
mental health advocate 16(1)
monitor 17A
new evidence 11CA
notice to attend court 3(1)
notifiable information 165A(3)
offender 50(1), 50A(1), 50B(1), 150F(1)
offender with links to terrorism 3(1)
original offence 83(2)
party 32(3)
prohibited act 3(2)
protected information 165A(1)
public authority 16(1)
registrar of the court 3(1)
release considerations 150A
relevant day 127(1)
relevant information 16(1)
removal action 11CA
removal decision 11CA
remove 3(1)
research 16(1)
responsible adult 3(1), 58(1)
Schedule 1 offence 3(1)
Schedule 2 offence 3(1)
second sentence 123(1)
Secretary 131
sensitive information 165A(1)
sentence 1 124(1)
sentence 2 124(1)
sentencing court 129(1)
serious offence 124(3)
special order 3(1)
submission period 11CD(2)
suitability to continue as a custodial officer 11CA
superintendent 3(1)
supervise 17A
supervised release order 3(1)
supervision conditions 3(1)
terrorism offence 3(1)
terrorist act 3(1)
terrorist intelligence information 3(1)
victim 31(1), 133(3)
WAIRC 11CA
welfare agency 15A(2)
work 3(1)
written reasons 120(3)
young person 3(1)
youth community based order 3(1)
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