NSWIn ForceAct
Young Offenders Act 1997
34Principles and purposes of conferencing
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#### 34 Principles and purposes of conferencing
34 Principles and purposes of conferencing
> > (1) The principles that are to guide the operation of this Part and persons exercising functions under this Part, are as follows—
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> > > (a) The principle that measures for dealing with children who are alleged to have committed offences are to be designed so as—
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> > > > (i) to promote acceptance by the child concerned of responsibility for his or her own behaviour, and
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> > > > (ii) to strengthen the family or family group of the child concerned, and
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> > > > (iii) to provide the child concerned with developmental and support services that will enable the child to overcome the offending behaviour and become a fully autonomous individual, and
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> > > > (iv) to enhance the rights and place of victims in the juvenile justice process, and
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> > > > (v) to be culturally appropriate, wherever possible, and
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> > > > (vi) to have due regard to the interests of any victim.
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> > > (b) The principle that sanctions imposed on children who commit offences are—
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> > > > (i) to be of a kind most likely to promote the development of such children within their family or family group, and
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> > > > (ii) to take the least restrictive form that is appropriate in the circumstances, and
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> > > > (iii) to assist children to accept responsibility for offences.
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> > > (c) The principle that any measures for dealing with, or sanctions imposed on, children who are alleged to have committed offences take into account—
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> > > > (i) the age and level of development of any such children, and
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> > > > (ii) the needs of any children who are disadvantaged or who are disconnected from their families, and
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> > > > (iii) the needs of any children with disabilities, especially those with communication and cognitive difficulties, and
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> > > > (iv) the gender, race and sexuality of any such children.
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> > (2) The purpose of a conference is to make decisions and recommendations about, and to determine an outcome plan in respect of, the child who is the subject of the conference.
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> > (3) In reaching decisions at a conference, the participants are to have regard to the principles set out in this section and the following matters—
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> > > (a) the need to deal with children in a way that reflects their rights, needs and abilities and provides opportunities for development,
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> > > (b) the need to hold children accountable for offending behaviour,
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> > > (c) the need to encourage children to accept responsibility for offending behaviour,
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> > > (d) the need to empower families and victims in making decisions about a child’s offending behaviour,
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> > > (e) the need to make reparation to any victim.