Young Offenders Regulations 2023

Training Centre Review Board - A statutory body under the Act that reviews the progress and circumstances of youths detained in training centres and makes decisions about conditional release. Under regulation 3(2), references to the Board in relation to a recidivist young offender are taken to be references to the Board sitting as the Youth Parole Board, constituted under section 39(2)(b) of the Act. This dual role means the same procedural rules in the regulations apply to both functions depending on the offender’s status.

Conditional release - Release from detention under Part 5 Division 3 Subdivision 3 of the Act. The Board must consider the manager’s recommendations before making an order. The order must be in writing, signed by two Board members (including a Judge), and endorsed by the youth. Copies are distributed to four parties. The released youth receives notice of the right to apply for absolute discharge.

Surrendered item - Defined in regulation 11(14) as a firearm, ammunition or any part of a firearm surrendered pursuant to a direction under section 42A(1) of the Act. That section empowers the Board (or a court) to direct a youth on conditional release to surrender such items. The regulations then govern the Commissioner of Police’s handling of those items.

Terrorist offence - Regulation 8 prescribes offences for the purpose of paragraph (e) of the definition in section 4(1) of the Act. These include specific South Australian offences (section 83CA of the Criminal Law Consolidation Act 1935, any offence against Part 3D of that Act, and section 37 of the Summary Offences Act 1953). Interstate offences are also prescribed: section 310J of the Crimes Act 1900 (NSW), certain sections of the Criminal Code Act 1983 (NT) where the unlawful organisation is a terrorist organisation, and section 4B of the Terrorism (Community Protection) Act 2003 (Vic). The definition references the Commonwealth Criminal Code’s definition of terrorist organisation.

Specified area - A 40 kilometre radius from the General Post Office at Adelaide. A youth may be detained in a police prison or approved police station, watch‑house or lock‑up outside that area only if the conditions in sections 15(2) and 59A(4) of the Act are satisfied. This geographical limit ensures that detention outside the metropolitan area is an exception, not the norm.

Written statement of rights - Regulation 10 mandates the content of the statement provided to a youth under section 30(2)(b) of the Act. It must include a bold‑type statement that before going to the Youth Court the person is entitled to legal advice and representation, plus information on how to obtain a lawyer, how to contact the Legal Services Commission, and how to contact the Aboriginal Legal Rights Movement.

Discretionary powers of the Board - The Board can inform itself in any manner it thinks fit, can exclude the manager from deliberations, can approve a lesser period for the manager’s report, and can permit additional persons to attend a review. These powers give the Board operational flexibility but also create risks of inconsistent application.

Forfeiture of surrendered items - Two tiers: prohibited weapons and items that cannot be lawfully possessed are automatically forfeited to the Crown under regulation 11(2). Other items are forfeited if the youth fails to collect them within three months of the notice, or if the youth does not hold the necessary authorisation under the Firearms Act 2015 or another Act. No compensation is payable.

Storage costs - The Commissioner may recover from the youth the reasonable costs of storing a surrendered item. This creates a personal liability on the youth, even if the item is later returned.

Youths in detention - Those detained in training centres under the Act. They are directly affected by the Board’s review procedures, the requirement for signed conditional release orders, and the surrender and return of firearms or ammunition as a condition of release. The regulations also affect a youth’s right to legal representation by specifying the content of the written statement they receive. A youth who surrenders an item bears the risk of forfeiture, the burden of proving they have the necessary authorisation to possess it, and potential liability for storage costs.

Guardians and legal representatives - They may attend the Board’s review of the youth’s progress and circumstances. Their presence ensures the youth has support and legal advice during the review.

Registered victims - A victim registered in relation to the offence for which the youth was sentenced may attend the review by prior arrangement. This gives victims a limited participatory role, but only if they have made advance arrangements with the Board.

Training centre managers - They must prepare a report on each youth no later than seven days before a review (or a lesser period approved by the Board) and provide copies to the Board and the youth. They may attend Board meetings and make recommendations on unsupervised leave and conditional release, but the Board can exclude them from deliberations.

Training Centre Review Board members - They must attend monthly meetings at each centre, vote on decisions, and sign conditional release orders (with at least one Judge). They may also pass resolutions without a meeting if notice is given and a majority concur in writing. The regulations empower them to inform themselves in any manner they think fit, which includes obtaining information from the Youth Court.

Youth Court Registrar - Must provide the Board with copies of any records, depositions, notes of evidence, exhibits or other things that relate to a matter heard in the Court which the Board considers relevant. This imposes a statutory duty to respond to requests, with no specified fee or limitation.

Commissioner of Police - Bears the operational burden of receiving, storing, returning and forfeiting surrendered items. The Commissioner must determine the location for storing items, give written notices to youths, ensure notices contain all required information (including the effect of forfeiture), and decide whether to refuse return based on the youth’s conditional release conditions or lack of authorisation. The Commissioner may also recover storage costs.

Youth Parole Board - When the Board sits as the Youth Parole Board for recidivist young offenders (regulation 3(2)), the same procedural rules apply. The regulations do not create separate rules for that sitting, so all provisions in Part 2 apply.

Legal Services Commission and Aboriginal Legal Rights Movement - They are referenced as contact points in the written statement of rights. The regulations do not impose duties on them, but their contact information must be provided, which may increase their workload from enquiries.

Owners of surrendered items - If a youth surrenders a firearm that belongs to a third party, the regulations do not recognise third‑party ownership. The item is treated as surrendered by the youth, and forfeiture or return is determined solely by the youth’s status and authorisations. The third party has no right to notice, no right to reclaim the item, and no compensation claim against the Crown. This creates a potential property rights issue.

Duty of the Board to meet monthly - Regulation 4(1)(a) requires the Board to meet at each training centre at least once in each calendar month. This imposes a recurring logistical obligation.

Duty to consider manager’s recommendations - Regulation 7(1) provides that the Board must give consideration to the manager’s recommendations about unsupervised leave and conditional release. This does not require the Board to follow them, but it must turn its mind to them.

Duty to sign conditional release orders - An order must be signed by two members, one of whom must be a Judge (regulation 7(2)). This ensures judicial oversight of any release decision.

Duty to give notice of right to apply for absolute discharge - The Board must give the youth written notice of this right when conditionally releasing the youth (regulation 7(3)).

Duty of the manager to provide a report - Regulation 6(1) requires the manager to give the Board and the youth a copy of a report not later than seven days before the meeting, or a lesser period approved by the Board. The content of the report is not prescribed beyond being a report “in respect of the youth”, which gives the manager wide discretion but also creates a risk of inadequate reports.

Duty of the Youth Court Registrar - Regulation 5 imposes a duty to provide records, depositions, notes of evidence, exhibits or other things that the Board considers relevant. The Registrar must comply; there is no proviso for cost or confidentiality beyond the Act’s general provisions.

Duty of the Commissioner of Police to deal with surrendered items - Regulation 11 creates a detailed process. The Commissioner must retain the item (unless immediately forfeited) until either forfeiture, return, or seizure under another Act. On notification or awareness that the conditional release condition no longer applies, the Commissioner must return the item, but only if the youth holds any necessary authorisation. The Commissioner must give notice in writing with specific content and allow three months for collection.

Right of the youth to attend the review - Regulation 6(3) lists the youth as one of the persons who may attend that part of the meeting.

Right of the youth to be represented - The written statement under regulation 10 reinforces the youth’s existing right under the Act to be represented by a lawyer.

Right of the youth to notify the Commissioner - Regulation 11(4) allows the youth to notify the Commissioner that the conditional release condition has been revoked or the youth has been discharged absolutely. This triggers the return process.

Right of the youth to collect surrendered items - The youth may collect the item within three months of the notice (or longer if specified by the Commissioner), provided they hold the necessary authorisation.

Right of the Board to exclude the manager - Regulation 4(7) allows the Board to exclude the manager during deliberations. This can protect the confidentiality of Board discussions but may also deprive the manager of the opportunity to respond to issues raised.

Right of the Board to inform itself as it thinks fit - Regulation 4(8) gives the Board broad inquisitorial powers. It is not confined to formal evidence or submissions.

The regulations themselves do not create criminal penalties or civil pecuniary penalties. Enforcement of the Act’s substantive offences and orders remains with the Youth Court and other bodies. However, the regulations create automatic legal consequences for non-compliance with procedural steps, notably forfeiture of surrendered items and cost recovery.

Forfeiture of surrendered items - Regulation 11(2) immediately forfeits to the Crown any surrendered item that is a prohibited weapon or cannot be lawfully possessed. No court order is required. Regulation 11(8) forfeits items that are not collected within three months of the notice, or when the youth does not hold the necessary authorisation. Forfeiture is automatic by force of the regulation; the Commissioner does not need to apply to a court.

No compensation - Regulation 11(12) expressly provides that no compensation is payable by the Crown in respect of forfeiture under this regulation. This extinguishes any potential claim for compensation under the common law or other legislation, subject to constitutional limits on acquisition of property.

Recovery of storage costs - Regulation 11(10) permits the Commissioner to recover reasonable storage costs from the youth. This is a civil debt, enforceable through ordinary debt recovery mechanisms. No maximum amount is specified, creating a risk of disproportionate costs, particularly for long‑term storage.

Liability for false, misleading or untruthful statements - The regulations do not create an offence for providing false information in the report or notices. However, the Act itself may contain general offences for obstruction or misleading officials. The regulations do not address this gap.

Criminal consequences for breach of conditional release - While not in the regulations, the Act provides that breach of a conditional release order may result in the youth being returned to detention. The regulations underpin this by ensuring the order is properly documented (regulation 7(2)) and that the youth is notified of the right to apply for absolute discharge (regulation 7(3)).

No penalty for failure to give report within seven days - Regulation 6(1) requires the report to be provided not later than seven days before the meeting. If the manager fails to do so, there is no express penalty. The Board may approve a lesser period, which could be used to waive the deadline. But a systematic failure could affect the youth’s ability to prepare for the review.

No penalty for failure to provide written statement of rights - Regulation 10 prescribes the content of the statement, but there is no sanction if the statement is not provided or is incomplete. The youth’s right to representation is already in the Act, so the absence of a statement may affect the fairness of proceedings but does not itself invalidate them.

Enforcement of notices - Regulation 11(13) allows notices to be served personally or sent by post to the youth’s last known address or left with someone over 16. If the youth does not receive the notice, the Commissioner may still rely on the notice to trigger the three‑month collection period. This creates a risk of constructive forfeiture if the youth has moved without updating their address.

Interaction with police powers - Regulation 11(11) provides that the regulation is in addition to, and does not derogate from, the operation of any other Act or law. So a surrendered item could also be subject to seizure under the Firearms Act 2015 or the Criminal Law Consolidation Act 1935, and the police could rely on those powers independently.

Young Offenders Act 1993 - The regulations are made under this Act. They fill in procedural gaps left by the Act, such as the Board’s meeting procedures, the content of the written statement of rights, and the handling of surrendered items. Any inconsistency with the regulations would likely be resolved in favour of the Act as the superior instrument. Key sections referenced include section 4(1) (definition of terrorist offence), section 15(2) (detention outside specified area), section 30(2)(b) (written statement of rights), section 40A (unsupervised leave), section 41A (conditional release conditions), section 42 (absolute discharge), section 42A (surrender of items), section 59A(4) (detention of recidivist young offenders outside specified area), and Part 5 Division 3 Subdivision 3 (conditional release order).

Firearms Act 2015 (SA) - Regulation 11 repeatedly conditions the return of surrendered items on the youth holding “any necessary authorisation under the Firearms Act 2015 or any other Act to possess the surrendered item”. This means the police must check whether the youth holds a firearms licence or permit. If the youth does not, the item cannot be returned and is ultimately forfeited. The regulation does not create any new authorisation; it relies on the existing licensing regime.

Criminal Law Consolidation Act 1935 (SA) - Regulation 8(1)(a) and (b) prescribe offences under sections 83CA and Part 3D of that Act as terrorist offences for the purposes of the Young Offenders Act. This means a youth charged with those offences is subject to the Act’s special procedures, which may include longer detention, reporting obligations, or restrictions on bail.

Summary Offences Act 1953 (SA) - Section 37 of that Act is prescribed as a terrorist offence under regulation 8(1)(c). Also, the definition of “prohibited weapon” in regulation 11(2) references the Summary Offences Act 1953, which defines prohibited weapons. Those items are immediately forfeited to the Crown.

Sentencing Act 2017 (SA) - The definition of “conditional release” in regulation 11(14) includes a “community based custodial sentence” as defined in the Sentencing Act 2017. This broadens the scope of the regulation to apply to surrendered items required as a condition of such sentences, even if the order comes from a different Act.

Interstate legislation - Regulation 8(2) prescribes offences from the Crimes Act 1900 (NSW), the Criminal Code Act 1983 (NT), and the Terrorism (Community Protection) Act 2003 (Vic) as terrorist offences. This ensures consistency across state borders for young offenders who may have committed acts with terrorist links.

Commonwealth Criminal Code - Regulation 8(3) defines “terrorist organisation” by reference to Division 102 of the Commonwealth Criminal Code. This incorporates a federal definition into state law for the purpose of the prescribed interstate offences.

Bail, bonds, home detention, parole, release on licence - The definition of “conditional release” in regulation 11(14) extends to these forms of release under other SA Acts where a condition requires surrender of a firearm, ammunition or any part of a firearm. This means the Commissioner’s handling procedures apply not only to youths conditionally released under the Young Offenders Act but also to those released from other forms of detention under other laws, so long as the youth is subject to the Act.

Human rights implications - South Australia has no human rights Act, but the regulations may raise issues under the common law or the Charter of Human Rights and Responsibilities (Vic) if the youth is from interstate. The forfeiture provision without compensation may be open to challenge under the implied constitutional guarantee against acquisition of property on unjust terms (section 51(xxxi)), though that applies only to Commonwealth acquisitions, not state acquisitions. Nonetheless, the absolute absence of compensation may be tested in litigation.

The source text is the principal regulation as made. It was published in the South Australian Government Gazette on 3 August 2023 (Gazette 3.8.2023 p2600) and commenced on that date by operation of regulation 2. The regulations repealed and replaced the Young Offenders Regulations 2008 in their entirety (Schedule 1). The source does not include any subsequent amending regulations. As of the date of this analysis (2025), no amendments have been identified in the provided text. The legislative history notes that further information is available from the Index of South Australian Statutes or www.legislation.sa.gov.au. The regulations have been in force for approximately eighteen months. Any subsequent amendments would ordinarily be incorporated into the consolidated version on the SA legislation website. The absence of amendment history in the source means the analysis is based solely on the version published on commencement. Practitioners should check for any later regulations that may have altered the prescribed offences, the written statement content, or the surrendered items regime.

The source text contains no references to any court cases that have interpreted or applied these regulations. The regulations are subordinate legislation and are likely to be considered only in the context of proceedings under the Young Offenders Act 1993. Possible areas of future litigation include challenges to the Board’s decision‑making process under Part 2, such as whether the Board complied with its duty to consider the manager’s recommendations or whether it properly informed itself under regulation 4(8). The forfeiture provisions in regulation 11 may also be challenged on grounds of procedural fairness, particularly the absence of a hearing before automatic forfeiture and the lack of compensation. The three‑month collection period and the provision for notice by post or leaving with a person may give rise to disputes about whether the youth actually received the notice. The dual role of the Board as the Youth Parole Board for recidivist young offenders may be litigated if a youth argues that the composition of the Board for that sitting did not comply with the Act or the regulations. However, no specific cases are mentioned in the source. The regulations are relatively new, and there may be no reported decisions yet. Practitioners should monitor the SA courts for any decisions that interpret the regulations.

Dual identity of the Board - Regulation 3(2) states that references to the Training Centre Review Board in relation to a recidivist young offender are taken as references to the Board sitting as the Youth Parole Board and constituted under section 39(2)(b) of the Act. The regulations do not provide separate procedural rules for that sitting. This means that if a youth is a recidivist, the same meeting procedures, report requirements and conditional release processes apply, but the Board must be constituted differently for that youth. The manager must be aware of which hat the Board is wearing when providing reports and recommendations.

Casting vote - Regulation 4(3) gives a casting vote to the member presiding when votes are equal. This means a decision could be made by a single person if the other members are split. There is no requirement that the presiding member be a Judge; the regulation applies to all Board meetings.

Exclusion of manager from deliberations - Regulation 4(7) permits the Board to exclude the manager while it deliberates. This creates a risk that the manager’s views may not be fully considered if the manager cannot respond to concerns raised during deliberations. The manager’s report is already provided, but the exclusion could lead to decisions based on incomplete information.

Lesser period for manager’s report - Regulation 6(1) allows the Board to approve a lesser period than seven days for the report. If the Board regularly approves very short periods, the youth may not receive the report in time to prepare for the review. The regulations do not set a minimum.

Attendees at review - Regulation 6(3) provides a closed list of persons who may attend the review part of a Board meeting. This includes the manager, the youth, a guardian, the legal representative, a registered victim (by prior arrangement), and any other person with the Board’s permission. A support person who is not a guardian or legal representative can attend only if the Board permits it. This limits the youth’s ability to bring a trusted adult who is not a guardian.

Order must be endorsed by the youth - Regulation 7(2) requires the youth to endorse the conditional release order. If the youth refuses to endorse it, the order may not take effect, potentially preventing the youth’s release. The regulations do not provide a mechanism to override a refusal.

Immediate forfeiture of prohibited weapons - Regulation 11(2) forfeits any surrendered item that is a prohibited weapon or cannot be lawfully possessed. The youth has no opportunity to contest this. The item is surrendered under direction, but the youth may have a legitimate reason for possessing it (e.g., a firearms licence for a prohibited weapon that is exempt). The regulation does not provide a procedure to return such items if the youth later obtains authorisation.

No compensation - The blanket exclusion of compensation in regulation 11(12) may be harsh if the surrendered item is later returned to someone else, e.g., a parent who owned the firearm. The youth bears the loss.

Storage costs - Regulation 11(10) allows the Commissioner to recover reasonable storage costs. The youth could be liable for a substantial amount if the item is stored for a long period, even if the youth cannot collect it because they lack authorisation.

Notice can be left with a person over 16 - Regulation 11(13)(c) states that a notice may be left for the youth at the youth’s last known address or address for service with someone apparently over 16. The youth may not be present, and the person receiving it may not forward it. The three-month collection period runs from the date on the notice, so the youth could lose the item without actual knowledge.

Relationship with other Acts - Regulation 11(11) provides that it is in addition to other Acts. This means the police could use their powers under the Firearms Act 2015 to seize a surrendered item even if the regulations would otherwise require its return. The youth has limited recourse.

No user‑friendly version of the written statement - Regulation 10 specifies the information that must be included, but not the exact wording. The Board (or the police) could produce a statement that is technically compliant but confusing. Youth with limited literacy may struggle to understand the bold‑type statement.

Terrorist offence definition includes interstate offences with condition - Regulation 8(2)(b) prescribes offences under sections 51, 53, 54 and 55 of the Northern Territory Criminal Code Act 1983, but only where the unlawful organisation is a terrorist organisation (as defined under Commonwealth law). This creates an extra element that must be proved for a youth to be treated as having a terrorist offence.

Conditional release definition is expansive - The definition in regulation 11(14) includes not only conditional release under the Young Offenders Act but also bail, bonds, home detention, parole, release on licence and community based custodial sentences under other SA Acts. This means a youth who surrenders a firearm as a condition of, say, bail under the Bail Act, is caught by the regulation’s forfeiture and storage cost provisions. The regulation extends beyond the Act.

For the Training Centre Review Board - Arrange meetings at each training centre monthly. Ensure all members are available to attend or that a resolution can be passed without a meeting under regulation 4(5). Keep a record of how decisions were made, especially if a casting vote was used. Use regulation 4(8) to obtain any information needed, including requesting Youth Court records under regulation 5. Before any review, ensure the manager’s report has been received at least seven days beforehand (or approve a lesser period in writing). Give copies of the report to the youth as well. When setting the agenda for a review, identify the correct constituency of the Board (ordinary or Youth Parole Board) depending on whether the youth is a recidivist offender. When making a conditional release order, have two members sign, one of whom is a Judge. Ensure the youth reads and endorses the order. Distribute copies to the manager, the youth, the Commissioner of Police and retain one for the Board’s files. On release, give the youth written notice of the right to apply for absolute discharge under section 42 of the Act. Update contact details for the Commissioner and register of victims.

For the training centre manager - Prepare a report on each youth before a Board meeting. The report should address progress and circumstances; no specific format is required but it must be delivered to the Board and the youth no later than seven days before the meeting (or as approved). Attend the meeting, but be prepared to be excluded during deliberations. Provide recommendations to the Board regarding unsupervised leave and conditional release. Ensure that any conditional release order is signed, endorsed and copied.

For the Youth Court Registrar - Respond promptly to requests from the Board for records, depositions, notes of evidence, exhibits or other things the Board considers relevant. Maintain a system to handle such requests.

For the Commissioner of Police - Designate a location for storing surrendered items. Determine whether each surrendered item is a prohibited weapon or cannot be lawfully possessed; if so, it is automatically forfeited. For other items, retain them until one of the three trigger events occurs. When notified that the conditional release condition has been revoked or the youth is absolutely discharged, or otherwise become aware of that, prepare to return the item. Before returning, verify that the youth holds any necessary authorisation under the Firearms Act 2015 or other Act. If the youth does not hold authorisation, refuse return and give written reasons. If the youth is on conditional release with a condition prohibiting possession of a firearm, ammunition or part, treat the item as if surrendered under section 42A(1) and deal with it under that Act. Give written notice of return with all the information required by regulation 11(6), allow at least three months for collection, and exercise discretion to extend the period if appropriate. If the item is not collected or the youth fails to obtain authorisation, the item is forfeited. Recover reasonable storage costs from the youth. Maintain a register of surrendered items and records of notices sent.

For the youth and their legal representative - Ensure the youth receives the written statement of rights before appearing in court. If the Board orders conditional release with a condition to surrender firearms, ammunition or parts, comply immediately. The surrender is not optional; it is a condition of release. Keep the Commissioner informed of the youth’s current address to ensure notices are received. If the conditional release condition is revoked or the youth is absolutely discharged, notify the Commissioner promptly. When the Commissioner sends a notice that the item can be collected, act within three months. Obtain any necessary firearms authorisation before collecting. If the youth cannot obtain authorisation, the item will be forfeited; consider whether the item can be sold or transferred legally. The youth may also be liable for storage costs. If the youth disagrees with a decision to refuse return or forfeiture, seek legal advice. The regulations do not provide a statutory review mechanism, but judicial review may be available.

For registered victims - If you want to attend a Board review of the youth’s progress, make prior arrangements with the Board. The regulations do not specify how far in advance, but contacting the Board in writing as soon as possible is prudent.

For all parties - Keep records of all communications, reports, orders and notices. The regulations rely heavily on written documentation. Any failure to document may prejudice a party’s position in later proceedings.