39Explanations to children

#### 39 Explanations to children 39 Explanations to children > > (1) Before a specialist youth officer proceeds to refer a matter for a conference under this Part, the specialist youth officer must explain the following matters to the child concerned— > > > > > (a) the nature of the offence and the circumstances out of which it is alleged to have arisen, > > > > > (b) that the child is entitled to obtain legal advice and where that advice may be obtained, > > > > > (c) that the child is entitled to elect that the matter be dealt with by a court, > > > > > (d) what a conference is and the effect of the conference. > > > (2) A specialist youth officer must, if practicable, ensure that an explanation takes place in the presence of— > > > > > (a) a person responsible for the child, or > > > > > (b) an adult (other than an investigating official) who is present with the consent of a person responsible for the child, or > > > > > (c) if the child is 14 years or over, an adult chosen by the child, or > > > > > (d) an Australian legal practitioner chosen by the child. > > **s 39:** Am 2006 No 58, Sch 3.26; 2008 No 107, Sch 28 \[2\].