Part 10Miscellaneous

Part 10 — Miscellaneous 182. Protection from legal liability 167 183. Order to be defence to actions 167 184. CEO may give consent in relation to detainee 168 185. Minister may make certain payments 168 186. Officer of Department may conduct cases 168 187. Certificate of superintendent to be evidence 168 188. Person having charge of detainee has legal custody 169 189. Certain offenders to be regarded as not convicted 170 190. Disclosure of certain convictions 172 191. Unlawfully communicating with detainee 172 192. Unlawfully remaining in detention centre 173 193. Escape from custody 173 193A. Arrest warrant may be issued if warrant of commitment in force 173 194. Personating an officer 174 195. General penalty 174 196. Regulations 174 197. Delegation of prescribed functions 176 197A. Delegation by Commissioner of Police 176 Part 11 — Amendment of certain other Acts and transitional provisions Division 3 — Transitional provisions Subdivision 1 — General 231. *Interpretation Act 1984* applies 178 232. Orders for past matters 178 233. Orders under former provisions 179 234. Detention centres under *Child Welfare Act 1947* 179 235. Proceedings pending before children’s panels 179 Subdivision 2 — Transitional provisions for *Young Offenders Amendment Act 2023* 235A. Term used: commencement day 180 235B. Young persons in detention on commencement day who have reached age of 18 years 180 235C. Offenders in detention on commencement day who have reached age of 18 years 180 235D. Applications not yet determined taken to be withdrawn 181 Division 4 — Miscellaneous 237. Review of Act 181 Schedule 1 — Schedule 1 offences Schedule 2 — Schedule 2 offences Schedule 3 — Adaptations for community work in default of payment 1. References to offender 191 2. Conditions 191 3. Duration of order 191 4. Powers of court in dealing with breach 191 5. Effect of partially performing work ordered in default of payment 191 6. Proof of identity 192 Notes Compilation table 193 Uncommenced provisions table 198 Other notes 199 Defined terms An Act relating to young persons who commit offences against the law, to amend certain Acts 1, and for related purposes. ## Part 1 — Preliminary ##### 1. Short title This Act may be cited as the *Young Offenders Act 1994*. ##### 2. Commencement This Act comes into operation on such day as is fixed by proclamation. ##### 3. Terms used (1) In this Act, unless the contrary intention appears — Aboriginal community has the meaning given to that term in section 3 of the *Aboriginal Communities Act 1979*; attendance conditions means conditions referred to in section 73(1)(a); body sample means a sample of a person’s blood, breath, or urine; category 1 offender means — (a) an offender who — (i) has been charged with, or convicted of, a terrorism offence; or (ii) is subject to an interim control order or a confirmed control order; or (b) an offender who has been subject to an interim control order or a confirmed control order at any time during — (i) the period of the offender’s sentence (the current sentence); or (ii) the period of 4 years ending on the day on which the offender’s current sentence begins or is taken to have begun; or (c) an offender for whom an interim control order in respect of the offender is being sought under the Commonwealth Criminal Code section 104.3; category 2 offender means an offender who has been charged with, or convicted of, an offence against the Commonwealth Criminal Code section 80.2C(1); chairperson means the person appointed under section 152(1)(a); chief executive officer means the chief executive officer of the Department; Commissioner of Police report means a written report referred to in section 150D(1) or (4); Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the *Criminal Code Act 1995* (Commonwealth); community work conditions means conditions referred to in section 73(1)(b); conditional release order has the meaning given by section 101; confirmed control order has the meaning given in the Commonwealth Criminal Code section 100.1(1); court means the Children’s Court or other court dealing with a young person for an offence; custodial officer means — (a) a superintendent, or other officer with custodial functions, appointed under section 11(1); or (b) a person who is appointed under section 11(1a)(a) as a custodial officer; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; detainee means a person who is detained in a detention centre; detention, when referring to a sentence of detention, means detention in a detention centre; detention centre means a place declared to be a detention centre under section 13; earliest release day, in relation to a sentence of detention, means the earliest day on which the offender can, in accordance with section 121, be released under a supervised release order from custody under the sentence; exempt responsible adult, in relation to a young person, means a responsible adult whose responsibility for the young person arises from being — (a) a person having the custody, care or control of the young person for a period that the court considers to be limited or temporary; or (b) the CEO as defined in section 3 of the *Children and Community Services Act 2004* who, under that Act, has parental responsibility for the young person; or (c) an officer as defined in section 3 of the *Children and Community Services Act 2004*; or (d) in any other capacity prescribed for the purposes of this paragraph by the regulations; general principles of juvenile justice means the principles described in section 7; imprisonment means imprisonment in a prison under the *Prisons Act 1981*; independent young person means a young person who — (a) has reached the age of 17 years; and (b) has sufficient maturity to live independently without the guidance or control of a responsible adult, and is doing so; intensive youth supervision order means an order made under section 98; interim control order has the meaning given in the Commonwealth Criminal Code section 100.1(1); lock‑up means a lock‑up as defined in the *Court Security and Custodial Services Act 1999*; notice to attend court means a notice to attend court issued to a young person in accordance with section 43; offender with links to terrorism means — (a) a category 1 offender; or (b) a category 2 offender who is subject to a Commissioner of Police report; or (c) an offender who — (i) is subject to a Commissioner of Police report; and (ii) the Supervised Release Review Board as constituted by the chairperson alone is satisfied, having regard to the report, has made statements or carried out activities that support, or advocate support for, terrorist acts; registrar of the court, in relation to the Children’s Court, means the registrar of the Children’s Court at the place where the relevant matter was heard; remove, in relation to an officer or other person appointed under section 11(1), means terminate the employment of the officer or person; responsible adult, in relation to a young person, means a parent, guardian, or other person having responsibility for the day to day care of the young person but does not include a person who the regulations may provide is not a responsible adult;