sec.439Criminal histories

### sec.439 Criminal histories In new section 6— a reference to a caution does not include a caution administered to a child before the commencement; and a reference to a finding of guilt includes a finding of guilt against a child that occurred before the commencement to the extent the finding of guilt formed part of the child’s criminal history under former section 154; and a reference to a restorative justice agreement does not include a restorative justice agreement— made by a child before the commencement; or made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and a reference to a decision, finding, order or action of a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement. New section 6 applies in relation to a person— whether the person is a child or an adult on the commencement; and whether an offence committed by the person as a child was committed before, or is committed after, the commencement of this section; and whether a proceeding for an offence against the person as a child was started before, or is started after, the commencement of this section. For applying section 11 of the Act in relation to a child after the commencement, a reference to a child’s criminal history is taken to include any previous cautions administered to the child for an offence. In this section— new section 6 means section 6 as in force from the commencement. s 439 ins 2024 No. 54 s 58 amd 2025 No. 7 s 57 (sec.439-ssec.1) In new section 6— a reference to a caution does not include a caution administered to a child before the commencement; and a reference to a finding of guilt includes a finding of guilt against a child that occurred before the commencement to the extent the finding of guilt formed part of the child’s criminal history under former section 154; and a reference to a restorative justice agreement does not include a restorative justice agreement— made by a child before the commencement; or made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and a reference to a decision, finding, order or action of a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement. (sec.439-ssec.2) New section 6 applies in relation to a person— whether the person is a child or an adult on the commencement; and whether an offence committed by the person as a child was committed before, or is committed after, the commencement of this section; and whether a proceeding for an offence against the person as a child was started before, or is started after, the commencement of this section. (sec.439-ssec.3) For applying section 11 of the Act in relation to a child after the commencement, a reference to a child’s criminal history is taken to include any previous cautions administered to the child for an offence. (sec.439-ssec.4) In this section— new section 6 means section 6 as in force from the commencement. - (a) a reference to a caution does not include a caution administered to a child before the commencement; and - (b) a reference to a finding of guilt includes a finding of guilt against a child that occurred before the commencement to the extent the finding of guilt formed part of the child’s criminal history under former section 154; and - (c) a reference to a restorative justice agreement does not include a restorative justice agreement— (i) made by a child before the commencement; or (ii) made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and - (i) made by a child before the commencement; or - (ii) made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and - (d) a reference to a decision, finding, order or action of a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— (i) in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or (ii) in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement. - (i) in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or - (ii) in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement. - (i) made by a child before the commencement; or - (ii) made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and - (i) in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or - (ii) in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement. - (a) whether the person is a child or an adult on the commencement; and - (b) whether an offence committed by the person as a child was committed before, or is committed after, the commencement of this section; and - (c) whether a proceeding for an offence against the person as a child was started before, or is started after, the commencement of this section.