Youth Justice Act 1992

The Act affects every child who has been accused of, or has committed, an offence in Queensland; their parents and guardians; police officers exercising powers in relation to children; prosecutors; the Childrens Court (and the Magistrates Court and Supreme Court when sitting in respect of children for serious offences); detention centre staff; the Director of Public Prosecutions; victims of children's offending; and other agencies that hold or use information about juvenile offending. The Act also reaches Commonwealth decision-makers because Commonwealth statutes such as the Migration Act 1958 and the Crimes Act 1914 (Part VIIC) often turn on whether a juvenile finding of guilt is treated as a conviction; sections 148 and 184 of this Act drive that question.

Police diversion. A police officer must consider alternatives to proceeding (s 11) and must use the preferred way to start proceedings, which favours notice to appear over arrest where appropriate (s 12). The police caution scheme operates under sections 14 to 21. A caution may be administered (s 15) only on conditions (s 16), and for Aboriginal or Torres Strait Islander children may be administered by a respected person of the community (s 17). The procedure must involve explanation (s 18), and may include apology to a victim (s 19). The child must be given a notice of caution (s 20). A failure to caution where a caution should have been administered may lead the Childrens Court to dismiss the charge (s 21).

Restorative justice. Police may refer an offence to a restorative justice process (s 22). If an agreement is made and complied with the matter is concluded (s 23), but if the referral is unsuccessful or the child contravenes the agreement, the police officer regains the power to proceed (s 24). The court can also refer a matter and may dismiss a charge that should have been referred (s 24A).

Bail and custody. Part 5 sets out a child-specific bail regime, including custody when bail is refused. Part 5A deals with children who are prisoners of a court or are detained in court cells.

Court process. Part 6 contains the jurisdictional and procedural framework, including the Childrens Court's exclusive role for most matters and the rules for committal and trial in the Supreme or District Court for serious indictable offences. Section 148 deals with the recording of findings of guilt, and section 184 deals with conviction status (for example, a finding of guilt with no conviction recorded under s 184(2)).

Sentencing. Part 7 is the sentencing code. Section 149 makes the jurisdiction to sentence a child exclusive: a court that sentences a child must sentence under Part 7. Section 150 sets the sentencing principles: a court must have primary regard to any impact of the offence on a victim, including harm mentioned in information given under the Penalties and Sentences Act 1992 section 179K, and must have regard to the youth justice principles, the nature and seriousness of the offence, the child's criminal history, the hardship the sentence would have on the child (taking into account disability, gender identity, parental status, race, religion, sex, sex characteristics, and sexuality), and the probable effect on family or care relationships and any pregnancy. The Act expressly directs the court not to have regard to any principle that detention is a last resort or that a community-based sentence is preferable.

Detention administration. Part 8 is a self-contained code. The Corrective Services Act 2006 does not apply to a child unless this Act expressly applies it (s 261). Detention centres are established by regulation (s 262), and the Act includes specific declarations under section 43 of the Human Rights Act 2019 (s 262(2) and following). The Act regulates how children in detention are accommodated, treated, used force on, disciplined, and released.

Information about offending. Part 9 controls disclosure of information about a child's offending: who can be told what, when, and how childhood findings are admissible against an adult later in life. Sections 148 and 184 are the operative provisions on whether a finding is treated as a conviction for these purposes. The interaction with the Commonwealth Crimes Act 1914 Part VIIC (spent convictions and disclosure) is critical.

The Act vests broad discretions across the system. Police have discretion to caution (s 15), to refer to restorative justice (s 22), and to choose how to start proceedings (s 12). The Childrens Court has powers to dismiss charges where caution or referral should have been used (ss 21, 24A). The court has the full sentencing menu under Part 7. The court can record or not record a finding of guilt as a conviction under section 184. The Minister can declare emergencies and disasters under Part 9A and adjust the operation of the Act accordingly. The Governor in Council can establish detention centres and prescribe places by regulation (s 262).

The Act does not create the substantive offences that bring children into the system: those come from the Criminal Code (Qld), the Drugs Misuse Act 1986, the Summary Offences Act 2005, and other statutes. The Act regulates how children are sentenced for those offences. Detention orders are made under Part 7 Divisions 5 to 7, with rules on duration, supervised release periods, and parole-like arrangements. Conditional release orders, probation, intensive supervision, community service, and good behaviour orders are also available. Schedule-style commands appear in transitional and amendment provisions in Part 11.

The Act creates internal offences relating to detention administration, restorative justice agreements, and disclosure of information. Penalties are stated in penalty units in the relevant sections.

Process steps run from arrest or notice to appear, through diversion (caution or restorative justice) or court start, into bail (Part 5), into the Childrens Court (Part 6), into sentencing (Part 7) and, where ordered, detention (Part 8). Timeframes are set throughout: for example, time-limited cautions and notices, restorative justice agreement deadlines, bail review timelines, and sentence administration timelines (community service hours, probation period, conditional release period, detention period and supervised release period). The Act also runs Part 11 transitional and validation provisions for successive amendments, including the changes to sections 148, 150, 184, and 438 to 438C.

The Act expressly interacts with: the Penalties and Sentences Act 1992 (s 150 references s 179K victim information; s 184 has parallels with the Penalties and Sentences Act 1992 s 12 on recording convictions); the Bail Act 1980 (Part 5 child-specific bail); the Police Powers and Responsibilities Act 2000 (start of proceedings, identifying particulars under sections 25 to 27); the Criminal Code (Qld) (substantive offences and section 305 referenced in Part 11 transitions); the Corrective Services Act 2006 (only applies to children if expressly imported, s 261); the Human Rights Act 2019 (Part 8 contains express section 43 declarations); the Crimes Act 1914 (Cth) (section 85ZR and Part VIIC interact with sections 148 and 184); and the Migration Act 1958 (Cth) (character cancellation decisions consider how juvenile findings are recorded under sections 148 and 184). It also interacts with Aboriginal and Torres Strait Islander community structures via the respected person caution mechanism and the youth justice principles.

• Section 150(1) directs that the court must not have regard to any principle that detention is a last resort or that a community-based sentence is preferable. This is a substantive shift from earlier youth justice doctrine and is critical for sentencing submissions.
• Section 184(2) controls whether a finding of guilt is recorded as a conviction. Whether the finding is or is not recorded affects how Commonwealth decision-makers treat juvenile history under Crimes Act 1914 Part VIIC and the Migration Act 1958 character test (Thornton).
• Police diversion is preferred but not automatic: a child can be charged where the conditions in section 12 are not met. Failure to consider alternatives can lead to dismissal under sections 21 or 24A.
• The Corrective Services Act 2006 does not apply to a child unless this Act expressly imports it (s 261). Adult corrections rules cannot be assumed to apply.
• The Human Rights Act 2019 declarations in section 262 expressly override certain HRA limitations to enable detention centre regulations to operate.
• Part 11 transitional provisions are extensive; practitioners must check the version in force at the relevant time, especially for sections 148, 150, 184, 438, 438A, 438B, 438C, and Schedule references in section 433.

A 14 year old is questioned by police about a stolen vehicle. The officer must consider alternatives to proceeding (s 11). If the conditions in section 16 are met, a caution may be administered under section 15, including the involvement of an Aboriginal or Torres Strait Islander respected person (s 17), with a notice of caution issued under section 20. If the matter is referred for a restorative justice process under section 22 and the child complies with an agreement, no further police action is required (s 23).

A 17 year old is sentenced in the Childrens Court for assault occasioning bodily harm. The court must sentence under Part 7 (s 149). It applies the principles in section 150, including primary regard to victim impact information given under the Penalties and Sentences Act 1992 section 179K, and the section 150(3) factors. It cannot rely on detention as a last resort (s 150(1)). The court considers whether to record a conviction under section 184(2). If no conviction is recorded, the child's juvenile history will be treated more favourably under Commonwealth Crimes Act 1914 Part VIIC and similar regimes.

A young adult faces visa cancellation under section 501(3A) of the Migration Act 1958 (Cth). The decision-maker examines juvenile findings of guilt that were dealt with under the Youth Justice Act. The combined effect of sections 148 and 184 of the Youth Justice Act, read with section 85ZR(2) of the Crimes Act 1914 (Cth), determines whether each finding is treated as a conviction for character test purposes (Thornton v Minister for Immigration [2022] FCAFC 23).