QLDIn ForceAct
Youth Justice Act 1992
sec.6Meaning of criminal history of a child
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### sec.6 Meaning of criminal history of a child
In this Act, criminal history , of a child, means—
each caution administered to the child for an offence; and
each finding of guilt against the child for an offence, other than a finding of guilt that is set aside or quashed; and
each restorative justice agreement made by the child for an offence; and
all decisions, findings and orders, other than interim orders, made, and actions taken, by a court, Childrens Court judge, Childrens Court magistrate or other judicial officer—
under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or
under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or
under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.
If a child fails to comply with a restorative justice agreement that forms part of the child’s criminal history, the child’s criminal history also includes any action taken by a police officer under section 24 (3) .
This section applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .
In this section—
action includes a decision to take no further action.
child —
in relation to a child against whom a community based order has been made, see section 236 ; and
for a child on release from detention under a supervised release order, see section 252A .
interim order means an order made by—
a magistrate under section 252D (5) ; or
a court under 252E(3)(c) or (4).
s 6 prev s 6 amd 1993 No. 76 s 3 sch 1
om 2016 No. 58 s 4
pres s 6 ins 2024 No. 54 s 39
amd 2025 No. 7 s 56
(sec.6-ssec.1) In this Act, criminal history , of a child, means— each caution administered to the child for an offence; and each finding of guilt against the child for an offence, other than a finding of guilt that is set aside or quashed; and each restorative justice agreement made by the child for an offence; and all decisions, findings and orders, other than interim orders, made, and actions taken, by a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.
(sec.6-ssec.2) If a child fails to comply with a restorative justice agreement that forms part of the child’s criminal history, the child’s criminal history also includes any action taken by a police officer under section 24 (3) .
(sec.6-ssec.3) This section applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .
(sec.6-ssec.4) In this section— action includes a decision to take no further action. child — in relation to a child against whom a community based order has been made, see section 236 ; and for a child on release from detention under a supervised release order, see section 252A . interim order means an order made by— a magistrate under section 252D (5) ; or a court under 252E(3)(c) or (4).
- (a) each caution administered to the child for an offence; and
- (b) each finding of guilt against the child for an offence, other than a finding of guilt that is set aside or quashed; and
- (c) each restorative justice agreement made by the child for an offence; and
- (d) all decisions, findings and orders, other than interim orders, made, and actions taken, by a court, Childrens Court judge, Childrens Court magistrate or other judicial officer— (i) under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or (ii) under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or (iii) under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.
- (i) under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or
- (ii) under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or
- (iii) under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.
- (i) under section 245 , 246 or 246A in relation to the child’s contravention of a community based order; or
- (ii) under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or
- (iii) under section 252D , 252E or 252F in relation to the child’s contravention of a supervised release order.
- (a) in relation to a child against whom a community based order has been made, see section 236 ; and
- (b) for a child on release from detention under a supervised release order, see section 252A .
- (a) a magistrate under section 252D (5) ; or
- (b) a court under 252E(3)(c) or (4).