Youth Justice Act 2005

1 Short title This Act may be cited as the Youth Justice Act 2005.

2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3 Objects The following are objects of this Act: (a) to specify the general principles of justice in respect of youth; (b) to provide for the administration of justice in respect of youth; (c) to provide how a youth who has committed, or is alleged to have committed, an offence is to be dealt with; (d) to ensure that a youth who has committed an offence is made aware of his or her obligations (and rights) under the law and of the consequences of contravening the law; (e) to ensure that a youth who has committed an offence is given appropriate treatment, punishment and rehabilitation; (f) to continue in existence the Juvenile Court, established by the repealed Act, as the Youth Justice Court.

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4 Principles The following are general principles that must be taken into account in the administration of this Act: (a) if a youth commits an offence, he or she must be held accountable and encouraged to accept responsibility for the behaviour; (b) the youth should be dealt with in a way that acknowledges his or her needs and will provide him or her with the opportunity to develop in socially responsible ways; (d) a youth must be dealt with in the criminal law system in a manner consistent with his or her age and maturity and have the same rights and protection before the law as would an adult in similar circumstances; (e) a youth should be made aware of his or her obligations under the law and of the consequences of contravening the law; (f) a youth who commits an offence should be dealt with in a way that allows him or her to be re-integrated into the community; (g) a balanced approach must be taken between the needs of the youth, the rights of any victim of the youth's offence and the interests of the community; (h) family relationships between a youth and members of his or her family should, where appropriate, be preserved and strengthened; (i) a youth should not be withdrawn unnecessarily from his or her family environment and there should be no unnecessary interruption of a youth's education or employment; (j) a youth's sense of racial, ethnic or cultural identity should be acknowledged and he or she should have the opportunity to maintain it; (k) a victim of an offence committed by a youth should be given the opportunity to participate in the process of dealing with the youth for the offence; (l) a responsible adult in respect of a youth should be encouraged to fulfil his or her responsibility for the care and supervision of the youth;

Youth Justice Act 2005 3 (m) a decision affecting a youth should, as far as practicable, be made and implemented within a time frame appropriate to the youth's sense of time; (n) punishment of a youth must be designed to give him or her an opportunity to develop a sense of social responsibility and otherwise to develop in beneficial and socially acceptable ways; (o) if practicable, an Aboriginal youth should be dealt with in a way that involves the youth's community; (p) programs and services established under this Act for youth should: (i) be culturally appropriate; and (ii) promote their health and self-respect; and (iii) foster their sense of responsibility; and (iv) encourage attitudes and the development of skills that will help them to develop their potential as members of society; (q) unless the public interest requires otherwise, criminal proceedings should not be instituted or continued against a youth if there are alternative means of dealing with the matter; (r) as far as practicable, proceedings in relation to youth offenders must be conducted separately from proceedings in relation to adult offenders.

5 Interpretation (1) In this Act: Aboriginal means: (a) a descendant of the Aboriginal people of Australia; or (b) a descendant of the indigenous inhabitants of the Torres Strait Islands. Aboriginal customary law means: (a) customary law of the Aboriginal people of Australia; or

Youth Justice Act 2005 4 (b) customary law of the indigenous inhabitants of the Torres Strait Islands. Aboriginal experience report, for Part 5, Division 4, see section 80B. Aboriginal tradition means: (a) tradition of the Aboriginal people of Australia; or (b) tradition of the indigenous inhabitants of the Torres Strait Islands. alternative detention order means an order made under section 83(1)(j). appropriate authority, in relation to a youth, means: (a) for a youth sentenced to a term of imprisonment – the Commissioner of Correctional Services; or (b) otherwise – the CEO. approved member, for Part 5, Division 4, see section 80A. approved monitoring device means a monitoring device approved under section 140AB. approved project means a rehabilitation project or work, or both, approved under section 97. buccal swab means a procedure where a sample of saliva or mouth cells is taken from the inside of a person's cheek by use of a swab. CEO means the Chief Executive Officer. charge, in respect of an offence, includes: (a) an information in respect of an indictable offence; and (b) a complaint in respect of a summary offence. community court sentencing procedure, for Part 5, Division 4, see section 80A. community work order means an order made under section 83(1)(h).

Youth Justice Act 2005 5 community youth justice officer means a person who is appointed as a community youth justice officer under section 140AA. Court means the Youth Justice Court as mentioned in section 45 and, if the context requires, includes the Supreme Court exercising its jurisdiction under this Act. custodial correctional facility, see section 11(1)(a) of the Correctional Services Act 2014. detainee means a youth lawfully detained in a detention centre. detention centre means a youth detention centre approved under section 148. divert, for Part 3, see section 38. emergency situation includes a situation in which there is an imminent risk of a youth: (a) inflicting self-harm; or (b) harming another person; or (c) seriously damaging property. family responsibility agreement means an agreement under Part 6A, Division 2. Fines Recovery Unit means the Fines Recovery Unit established under the Fines and Penalties (Recovery) Act 2001. forensic procedure means an intimate procedure or non-intimate procedure. good behaviour order means an order made under section 83(1)(f). identifying procedure has the meaning in section 8(2). illicit drug or substance has the meaning in section 9. intimate procedure has the meaning in section 7. Law and Justice Group, for Part 5, Division 4, see section 107C(2) of the Sentencing Act 1995. midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession (other than as a student).

Youth Justice Act 2005 6 monitoring device means one of the following: (a) an electronic device attached to, or worn by, a person for one or more of the following purposes: (i) to monitor a person's compliance with a monitoring order; (ii) to monitor a person's compliance with this Act; (iii) a purpose prescribed by regulation; (iv) to enable electronic reporting of the results of the matters mentioned in subparagraphs (i) to (iii); (b) a voice recognition system that is designed to: (i) verify the voice of a particular person; and (ii) enable the person's geographical location to be monitored. monitoring order means any of the following: (a) an alternative detention order; (b) any other order made under this Act or the Sentencing Act 1995 that: (i) imposes a condition on a youth; and (ii) requires the CEO or a community youth justice officer to monitor compliance with the condition; (c) a parole order as defined in section 3(1) of the Parole Act 1971. non-intimate procedure has the meaning in section 8(1). non-parole period, for a sentence of detention or imprisonment, means a period fixed by the Court during which the youth is not eligible to be released on parole. nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student). official visitor means a person appointed to be an official visitor under section 169.

Youth Justice Act 2005 7 parental responsibility means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children. periodic detention order means an order made under section 83(1)(k). permitted restraint means a restraint device prescribed under section 155(1). preliminary examination means the procedure under Part V of the Local Court (Criminal Procedure) Act 1928 relating to indictable prescribed alcohol/drug test means a test prescribed as mentioned under section 140AF(6)(a). prescribed offence, see section 38A. proceedings, in relation to a youth, includes a preliminary examination. prosecutor includes the Director of Public Prosecutions. relative includes a relative according to Aboriginal tradition or contemporary social practice, a spouse and a de facto partner. responsible adult, in respect of a youth, means a person who exercises parental responsibility for the youth, whether the responsibility is exercised in accordance with contemporary social practice, Aboriginal customary law and Aboriginal tradition or in any other way. restricted drug, for a youth, means any of the following: (a) a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act 1990; (b) a Schedule 4, 8 or 9 substance as defined in section 7 of the Medicines, Poisons and Therapeutic Goods Act 2012; (c) any other drug specified in the youth's monitoring order as one that the youth is not permitted to use. support person has the meaning in section 35. the repealed Act means the Juvenile Justice Act 1983 as in force immediately before the date on which this Act commences.

Youth Justice Act 2005 8 victim means: (a) a person who suffers harm arising from an offence; or (b) if a person dies as a result of the commission of the offence, a person who was a relative of, or who was financially or emotionally dependent on, the deceased person. youth has the meaning in section 6. Youth Justice Conference, in relation to a youth, includes: (a) a conference with the victim or victims of the offence the youth is believed to have committed; and (b) a conference with members of the youth's family. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) In this Act, if the context requires, Local Court Judge includes a Supreme Court Judge. (3) In this Division: intimate part of the body means any of the following: (a) the genital area; (b) the anal area; (c) the buttocks; (d) if the youth is a female – the breasts. non-intimate part of the body means a part of the body that is not an intimate part of the body.

6 Meaning of youth (1) In this Act, a youth is: (a) a person under 18 years of age; or (b) in the absence of proof as to age, a person apparently under 18 years of age. (2) If the context requires, a youth includes a person who committed an offence as a youth but has since turned 18 years of age.

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7 Intimate procedures For this Act, an intimate procedure includes any of the following: (a) an internal or external examination of an intimate part of the body; (b) an internal examination of a non-intimate part of the body; (c) taking from an intimate part of the body a substance, or a sample of a substance, on or in the body; (d) taking a sample of blood (other than by a swab or washing from an external non-intimate part of the body); (e) taking a sample of pubic hair; (f) taking a sample from an intimate part of the body: (i) by swab or washing; or (ii) by vacuum suction, scraping or lifting by tape; (g) taking a dental impression or an impression of a bite mark; (h) taking a photograph, or an impression or cast, of a wound to an intimate part of the body; (i) taking an X-ray; (j) taking a sample of urine.

8 Non-intimate procedures (1) For this Act, a non-intimate procedure includes any of the following: (a) taking a sample of saliva or a sample by buccal swab; (b) an external examination of a non-intimate part of the body; (c) taking a sample of hair other than pubic hair; (d) taking a sample from an external non-intimate part of the body: (i) by swab or washing; or (ii) by vacuum suction, scraping or lifting by tape; (e) taking a photograph of, or an impression or cast of a wound to, a non-intimate part of the body;

Youth Justice Act 2005 10 (f) an identifying procedure. identifying procedure means: (a) the taking of prints of the hands, fingers, feet or toes; or (b) the taking of photographs of the youth that are: (i) of an identifying nature; and (ii) of a non-intimate part of the body.

9 Illicit drug or substance For this Act, an illicit drug or substance is any of the following: (a) a drug or substance, the possession of which is prohibited under a law in force in the Territory; (b) a drug or substance for which a prescription is required, if no prescription is in force in relation to the youth: (i) in whose possession the drug or substance is found; or (ii) in whose body the drug or substance is detected; (c) in relation to a youth who is detained at a detention centre – a drug or substance, the possession of which is prohibited under the rules of the detention centre; (d) in relation to a youth who is the subject of an alternative detention order – a drug or substance, the possession of which is prohibited under the conditions of the order.

10 Use of force generally (1) If this Act permits a person to use force on a youth, the person may only use force if: (a) all other reasonably practicable measures to resolve the situation have been attempted and those measures have failed to resolve the situation; and (b) the person using the force: (i) gives a clear warning of the intended use of force; and

Youth Justice Act 2005 11 (ii) allows a reasonable amount of time for the youth to observe the warning; and (iii) uses no more force than the person considers to be necessary and reasonable in the circumstances as perceived by the person; and (iv) holds a current qualification in physical intervention techniques on youths. Note for subsection (1)(b)(iv) See section 147C(4) in relation to police officers and correctional officers providing assistance under that section. (2) Subsection (1)(a) and (b)(i) and (ii) do not apply if the force is used in an emergency situation. (3) For subsection (1)(b)(iii), a person considering what force is necessary and reasonable in the circumstances may have regard to the age, gender, physical and mental health, or background of the youth in relation to whom the force is to be used.

12 Application of Part This Part applies despite the provisions of any other Act.

13 Definitions In this Part, unless the contrary intention appears: authorised officer means: (a) the Commissioner of Police, a Deputy Commissioner of Police or Assistant Commissioner of Police; or (b) a police officer authorised under section 36. interview includes asking questions of a person.

14 Register of appropriate support persons (1) The CEO must establish and maintain a register of persons appropriate to be support persons.

Youth Justice Act 2005 12 (2) The register must include persons who are suitable to be support persons for Aboriginal youth. (3) The register must not include youths, police officers or persons who are employed at a detention centre.

15 Explanations by police officers (1) If a police officer is required to inform a youth of any matter in relation to an investigation of an offence, whether under this Act or any other law in force in the Territory, the explanation must be made in a language and manner the youth is likely to understand, having regard to the youth's age, health, maturity, cultural background and English language skills. (1A) If the youth appears to have insufficient English language skills to understand the explanation, the police officer must take reasonable efforts to obtain a qualified interpreter for the explanation. (2) Before a youth is searched in connection with the investigation of an offence, a police officer must, unless impracticable, inform the youth of his or her ability to access legal advice and representation. (3) Any action taken is not unlawful, and any evidence obtained is not inadmissible, only because of a failure to comply with this section.

16 Guidelines in relation to arrest of youths (1) The Commissioner of Police may, by general orders issued under the Police Administration Act 1978, issue guidelines, not inconsistent with that Act or this Act, in relation to the arrest of youths and the investigation of offences committed or believed to have been committed by youths. (2) The arrest of a youth in relation to an offence, without a warrant but in accordance with the guidelines referred to in subsection (1), is not unlawful only because: (a) an authorised officer does not consent to a prosecution in relation to the matter; or (b) it subsequently appears, or it is found by a court or a jury, that the youth did not commit the offence. (3) The arrest of a youth is not unlawful only because the police officer arresting the youth did not do so in accordance with this Act or the guidelines if, at the time of the arrest the officer reasonably believed that the person arrested was not a youth.

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17 Authorised officer to be notified If the police officer who arrests a youth is not an authorised officer, he or she must, as soon as practicable after the youth is arrested, notify an authorised officer of the arrest.

18 Interview of youth (1) This section applies if a police officer believes on reasonable grounds that a youth has committed or is implicated in the commission of an offence that, if committed by an adult, would be punishable by imprisonment for 12 months or longer. (1A) The officer must do the following before interviewing the youth in respect of the offence, or causing the youth to do anything in connection with the investigation of the offence: (a) inform the youth of the youth's ability to access legal advice and representation; (b) provide the youth with access to legal advice and representation in a place and a manner that allows the youth privacy; (c) inform the youth of the youth's ability to contact a friend, relative, a responsible adult in respect of the youth or other support person who must be present while the officer interviews the youth or the youth does the act. Note for subsection (1A) Section 15 applies to explanations by police officers in relation to an investigation of an offence. (1B) If a youth exercises the youth's right to silence, including exercising the right through legal representation, the officer must not interview the youth in respect of the offence. (2) The officer must not interview the youth in respect of the offence, or cause the youth to do anything in connection with the investigation of the offence, unless a person mentioned in subsection (1A)(c) is present while the officer interviews the youth or the youth does the act.

Youth Justice Act 2005 14 (2A) Despite subsection (2), the police officer may conduct a breath test, breath analysis or saliva test in relation to the youth in accordance with a requirement of section 24, 29AAA, 29AAB, 29AAC, 29AAD or 29AAF of the Traffic Act 1987 without a person mentioned in subsection (1A)(c) being present if the officer has made reasonable endeavours to arrange the presence of such a person. Example for subsection (2A) Used multiple contact methods to attempt to contact multiple friends, relatives, responsible adults or support persons. (3) This section does not affect the power of a police officer, under the Police Administration Act 1978 or any other Act, to require a youth to give the youth's name and address. (4) The police officer must keep a record of the particulars prescribed by the Regulations in exercising a power under this section. (5) To avoid doubt, this section does not apply in relation to the (a) the search of a youth under section 19; (b) a procedure carried out under Division 3. Notes for subsection (5) 1 Section 19 provides for the presence of a support person while a search is carried out. 2 Section 29 provides for the presence of a support person while a forensic procedure is carried out. 19 Search of youth (1) A police officer must not search the property, person or clothing of a youth as part of an investigation of an offence unless there is a support person present. (2) Subsection (1) does not apply if the officer reasonably believes: (a) that a search of the property, person or clothing of the youth needs to be carried out as a matter of urgency; and (b) that a delay to allow a support person to be present would create an unacceptable risk of harm to the youth or another person or the loss or destruction of evidence. (3) If the search is conducted without a support person being present, the officer must do so in a manner that preserves the dignity of the youth as best as is practicable.

Youth Justice Act 2005 15 (4) The officer must not require a youth to remove any clothing that the youth is wearing unless: (a) the officer has reasonable grounds for believing that the removal and examination of the clothing may afford evidence of the commission of an offence; and (b) the youth is provided with adequate clothing to replace the clothing removed.

20 Search must be by person of same gender (1) The person or clothing of a youth must only be searched by a person of the same gender as the youth and the search must be carried out in a place and a manner that allows the youth privacy from persons of the other gender. (2) If a police officer of the same gender as the youth is not available within a reasonable time, a person of the appropriate gender who is not a police officer may carry out the search under the direction of a police officer who must take the necessary measures to preserve the youth's privacy and dignity. (3) A person who carries out a search of a youth in accordance with subsection (2) has, for the purposes of that search, the same powers and the same protection as a police officer.

21 Authorised officer must consent to prosecution (1) A youth must not be charged with an offence without the consent of an authorised officer. (2) A document that charges a youth with one or more offences must: (a) indicate that the charges have been consented to by an authorised officer; and (b) identify the authorised officer. (3) The document is evidence that: (a) the officer named is an authorised officer; and (b) the youth has been charged with the offence or offences with the consent of the authorised officer. (4) Subsection (1) does not affect a requirement under any other law to obtain consent to a prosecution.

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22 Charge to be by summons except in certain cases (1) A police officer must not charge a youth at a police station with an offence unless the officer believes on reasonable grounds that: (a) the youth will not appear in court to answer a summons in relation to the offence; or (b) releasing the youth from custody will be accompanied by a substantial risk of: (i) a continuation or repetition of the offence or another offence by the youth; or (ii) the loss or destruction of evidence relating to the offence; or (iii) harm to the youth. (2) If subsection (1)(a) or (b) applies, the officer may, subject to section 21, charge the youth at a police station with the offence and: (a) release the youth on bail; or (b) apply under section 24 for an order that the youth be detained in custody. (3) Subsection (2)(a) does not apply if the offence with which the youth is charged is an offence to which section 7A(1) of the Bail Act 1982 applies.

23 Responsible adults to be informed (1) As soon as practicable after a youth is: (a) arrested in relation to an offence; or (b) charged with an offence, the police officer who arrested or charged the youth must take all reasonable steps to ensure that a responsible adult in respect of the youth is notified of the arrest or charge. (2) The notification must include the time and place when the youth will be brought before the Court or, if summoned, when the youth must appear in court. (3) This section applies whether the responsible adult resides in the Territory or not.

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24 Detention of youth not admitted to bail (1) If a youth has been charged with an offence and is not admitted to bail, a police officer must, as soon as practicable, apply to the Court or a Local Court Judge for an order that the youth be detained at a detention centre or other place approved by the Minister for the purpose. (2) A police officer may apply for an order under subsection (1) in person or, if it is not practicable to apply in person, the officer may apply by telephone to a Local Court Judge. (3) If the Court or Local Court Judge makes the order, it must: (b) specify the detention centre or other place at which the youth is to be detained. (4) The Court or Local Court Judge must give or send a copy of the order to the police officer as soon as practicable. (5) The police officer may take the youth to the detention centre or other place under the order despite not having received the copy if he or she is informed of the order by the Court or Local Court Judge by telephone. (6) The person in charge of the detention centre or place must detain the youth at the centre or place in accordance with the order or, if the order has been given by telephone, a version of the order signed by the police officer. (7) The police officer who charged the youth must take all reasonable steps to ensure that a responsible adult in respect of the youth is notified that the youth has been detained in custody and the place at which the youth is detained.

25 Detained youth requiring medical attention (a) a youth is to be detained in accordance with an order under section 24; and (b) the youth requires medical attention. (2) Instead of being taken to the detention centre or other place specified in the order under section 24, the youth may be taken to a hospital as defined in section 5 of the Medical Services Act 1982 or a private hospital as defined in section 4 of the Private Hospitals

Youth Justice Act 2005 18 Act 1981 and, if the person in charge of the hospital or private hospital consents, be detained there. (3) If there is not a hospital available, the youth must be taken to a community health centre. (4) While in the hospital or health centre, the youth remains in the custody of the Police Force. (5) On being discharged from the hospital or health centre, the youth must be taken to the specified detention centre or other approved place unless he or she has in the meantime been admitted to bail.

26 Separation from adults where practicable If a youth is taken from the place at which he or she is detained to a court, or from a court to the place of detention, he or she must, as far as practicable, be kept apart from other persons under detention who are not youths.

27 Youth to be brought before Court promptly (1) If a youth is charged with an offence and is not released from custody, the youth must be brought before the Court: (a) as soon as practicable and within 24 hours after the charge; or (b) on the next business day after the charge. (2) The youth may be brought before the Court by audiovisual link or by telephone. (3) Subject to subsection (6), if the youth is not brought before the Court in accordance with subsection (1), the person in whose custody the youth is being held must immediately release the youth. (4) The person in whose custody the youth is being held may apply to a Local Court Judge to extend the time mentioned in subsection (1). (5) The application to the Judge may be made by audiovisual link or by telephone. (6) The Judge may grant the extension of time if the Judge is satisfied that circumstances beyond the control of the person in whose custody the youth is being held prevent the person from bringing the youth before the Court in accordance with subsection (1). Examples of circumstances for subsection (6) include the following: (a) an emergency situation or natural disaster that causes delays in transportation arrangements for the youth;

Youth Justice Act 2005 19 (b) a weather event that causes delays in transportation arrangements for the youth; (c) riotous conduct in a remote community where the youth is located which prevents the youth from being transported to the Court; (d) the youth requires medical attention; (e) the equipment required to bring the youth before the Court has failed; (f) there is a safety or security concern in transporting the youth to the (7) If the Judge grants the extension of time under subsection (6), the Judge must make orders in relation to when and how the youth must be brought before the Court.

28 Interpretation (1) In this Division: senior police officer means a police officer of the rank of Superintendent or a higher rank. (2) In this Division, a reference to carrying out a forensic procedure includes causing the procedure to be carried out by another person.

29 Restriction on carrying out procedure A forensic procedure must not be carried out under this Division unless a support person is present while the procedure is carried out.

30 Intimate procedure (1) An authorised officer or a police officer for the time being in charge of a police station may arrange for a medical practitioner or dentist to carry out an intimate procedure on a youth in the following circumstances: (a) the youth is in lawful custody in respect of an offence; (b) the youth has been charged with an offence; against him or her for an offence; of an offence being brought against the youth by summons.

Youth Justice Act 2005 20 (2) The officer may only make the arrangement if he or she believes on reasonable grounds that the procedure may provide evidence relating to the offence or any other offence punishable by imprisonment. (3) The intimate procedure must only be carried out with the approval of a Local Court Judge. (4) The officer may apply to a Local Court Judge for the approval: (5) The Local Court Judge may approve an intimate procedure being carried out if, after hearing the officer and the youth to whom the application relates, the Local Court Judge is satisfied that the officer has reasonable grounds for believing that the procedure may provide evidence referred to in subsection (2). (b) specify the intimate procedure that may be carried out. (7) The Local Court Judge must give or send a copy of the approval to the officer as soon as practicable. (8) The officer may proceed under the approval despite not having received it if he or she is informed of the approval by the Local Court Judge by telephone. (9) A medical practitioner or dentist may carry out the intimate procedure in accordance with the approval. (10) A police officer: (a) may assist a medical practitioner or dentist to carry out the intimate procedure; and (b) may use reasonable force when assisting the medical practitioner or dentist. Note for subsection (10) (11) Before the intimate procedure is carried out, a police officer must inquire whether the youth, or the support person who is with the youth in accordance with section 29, wishes to have a medical

Youth Justice Act 2005 21 practitioner or dentist of his or her own choice present when the procedure is carried out. (12) If the youth or support person wishes to have a medical practitioner or dentist of his or her own choice present, the police officer must: (a) provide reasonable facilities to enable the youth or person to arrange for the medical practitioner or dentist to be present; and (b) unless it would be impracticable to do so – arrange for the intimate procedure to be carried out at a time when the medical practitioner or dentist can be present. (13) A medical practitioner or dentist is not civilly or criminally liable for an act done or omitted to be done in good faith in carrying out an intimate procedure under this section. (14) This section does not prevent a medical practitioner or dentist from examining a youth in lawful custody at the request of the youth or treating the youth for an illness or injury. (15) In this section: dentist means a person registered under the Health Practitioner Regulation National Law: (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession.

31 Non-intimate procedure (1) A police officer may carry out a non-intimate procedure on a youth in the following circumstances: (a) the youth is suspected by a police officer, on reasonable grounds, of having committed an indictable offence; (b) the youth has been charged with an offence punishable by imprisonment; against the youth for an offence punishable by imprisonment; of an offence punishable by imprisonment being brought against the youth by summons.

Youth Justice Act 2005 22 (2) The non-intimate procedure may be carried out: (a) if the approval of a Local Court Judge is obtained; or (b) if the approval of a senior police officer is obtained. (3) A senior police officer must not approve the procedure unless he or she is satisfied the youth is 14 years of age or older. (4) A police officer may apply to a Local Court Judge or a senior police officer for the approval: (5) The Local Court Judge or senior police officer may approve a non- intimate procedure being carried out after hearing the police officer and the youth to whom the application relates. (b) specify the non-intimate procedure that may be carried out. (7) The Local Court Judge or senior police officer must give or send a copy of the approval to the police officer as soon as practicable. (8) The police officer may proceed under the approval despite not having received it if he or she is informed of the approval by the Local Court Judge or senior police officer by telephone. (9) If the non-intimate procedure is the taking of a sample by buccal swab, the police officer must direct the youth to provide the sample. (10) If the youth does not comply by providing a sample sufficient to enable an analysis of it to be carried out, the police officer may take the sample. (11) The police officer may use reasonable force in carrying out the non-intimate procedure. Note for subsection (11)

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32 Voluntary non-intimate procedure (1) A senior police officer may carry out a non-intimate procedure on a youth if the youth consents in writing, and a responsible adult in respect of the youth consents in writing, to the procedure being carried out. (2) If the procedure is carried out for the purposes of investigating an offence, any information obtained from the procedure: (a) must not be used for investigating any other offence other than a relevant offence; and (b) is inadmissible as evidence in any proceedings other than proceedings for the offence or a relevant offence. relevant offence means an offence that, if committed by an adult, would be punishable by a term of imprisonment of 14 years or more.

33 Identifying procedure (1) An authorised officer or a police officer for the time being in charge of a police station may carry out an identifying procedure on a youth in the following circumstances: (a) the youth is in lawful custody in respect of an offence; (b) the youth has been charged with an offence; against him or her for an offence; of an offence being brought against the youth by summons. (2) The officer may carry out the procedure if he or she is satisfied that the youth is 14 years of age or older. (3) If the officer considers the youth is younger than 14 years, the officer must apply to a Local Court Judge for approval to carry out the identifying procedure. (4) The officer may apply:

Youth Justice Act 2005 24 (5) The Local Court Judge may approve an identifying procedure being carried out after hearing the officer and the youth to whom the application relates. (b) specify the identifying procedure that may be carried out. (7) The Local Court Judge must give or send a copy of the approval to the officer as soon as practicable. (8) The officer may proceed under the approval despite not having received it if he or she is informed of the approval by the Local Court Judge by telephone. (9) The officer may use reasonable force in carrying out the identifying procedure. Note for subsection (9)

34 Youth to be provided with copy of report (1) A youth on whom a forensic procedure is carried out under this Division, or the support person with the youth, must be provided with a copy of: (a) if the procedure was carried out by a medical practitioner or dentist – the report in respect of the procedure by the medical practitioner or dentist; and (b) any reports in relation to the testing or analysis of samples obtained from the procedure. (2) However, a report does not need to be given to the youth or support person if the sample that was analysed or tested was a sample from a person other than the youth despite that the sample was taken from the body of the youth under the procedure.

35 Support person (1) For this Part, a support person, in relation to a youth, is one of the (a) a responsible adult in respect of the youth;

Youth Justice Act 2005 25 (b) a person nominated by the youth; (c) a legal practitioner acting for the youth; (d) a person called upon under subsection (5). (2) A person cannot be a support person if he or she is, in the opinion of a police officer dealing with a youth, an accomplice of the youth in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence. (3) A youth cannot be a support person, but nothing prevents a youth who is being dealt with under this Act requesting another particular youth be present as well as a support person. (4) Unless in the person's capacity as a responsible adult in respect of the youth, a police officer or a person employed at a detention centre cannot be a support person. (5) If a police officer has made reasonable attempts to have a person mentioned in subsection (1)(a), (b) or (c) present but it was not practicable for any such person to be present within 2 hours, the officer may call upon a person from the register maintained under section 14 to be the support person. (6) If a youth requests that another particular youth be present as well as a support person, a police officer dealing with the youth must accommodate the request, if practicable, unless: (a) the officer considers that the other youth is an accomplice in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence; or (b) it would lead to undue delay after the time in which a support person is able to be present.

36 Authorised officers The Commissioner of Police, a Deputy Commissioner of Police or Assistant Commissioner of Police may authorise any of the following police officers to act for this Part: (a) an officer of or above the rank of Senior Sergeant; (b) an officer who is in charge of a police station; (c) an officer who from time to time: (i) holds a specified rank; or

Youth Justice Act 2005 26 (ii) performs specified duties (including duties as the officer in charge of a specified police station).

37 Purpose and application of Part (1) The purpose of this Part is to provide a means of diverting youths who are believed on reasonable grounds to have committed (2) Except as provided by section 41, this Part does not affect the application in respect of a youth of any law relating to: (a) investigating and collecting evidence of criminal activities and the commission of offences; or (b) questioning, apprehending, detaining, arresting, charging and bailing a suspected offender; or (c) prosecuting a person for an offence.

38 Definitions divert, in relation to a youth, means to take an action under section 39. prescribed offence, see section 38A.

38A Meaning of prescribed offence For this Act, a prescribed offence is: (a) an offence prescribed by regulation; or (b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence prescribed under paragraph (a).

39 Diversion of youth (1) This section applies if a police officer believes on reasonable grounds that: (a) a person has committed an offence; and

Youth Justice Act 2005 27 (b) the person is a youth or was a youth when the offence was committed. (2) The officer must, instead of charging the youth with the offence, do one or more of the following as the officer considers appropriate: (a) give the youth a verbal warning; (b) give the youth a written warning; (c) cause a Youth Justice Conference involving the youth to be convened; (d) refer the youth to a diversion program. (3) Subsection (2) does not apply if: (a) the youth's whereabouts is unknown; or (b) the alleged offence is a prescribed offence; or (d) the youth has some other history that makes diversion an unsuitable option (including a history of previous diversion or previous convictions). (4) However, the Commissioner of Police (or the Commissioner's delegate) may authorise or require a police officer to deal with a youth by Youth Justice Conference or by referring the youth to a diversion program despite the fact that the case is covered by subsection (3). (6) This section does not prevent the diversion of a youth in relation to an offence with which the youth has been charged.

40 Diversion in circumstances where youth denies behaviour (1) Despite section 39(2) and (4), if a youth denies having had a role in the behaviour constituting the alleged offence: (a) the youth must not be diverted under section 39(2)(c) or (d) or (4); and (b) a police officer may, in accordance with this Act, charge the youth with the offence that the officer believes on reasonable grounds the youth has committed and the youth may be prosecuted for the offence. (2) This section does not apply in relation to a youth who has been referred for assessment for inclusion in a diversion program or a Youth Justice Conference under section 64(1)(b).

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41 Effect of diverting youth (1) If a youth is diverted in relation to an offence and the diversion is completed to the satisfaction of a police officer, no criminal investigation or criminal legal proceedings can be commenced or continued against the youth in respect of the offence. (2) Any admission made or information given by a youth during the course of diversion in relation to an offence is not admissible in any subsequent criminal or civil proceedings in relation to the offence. (3) However, subsection (2) does not prevent the admission of evidence that has been properly obtained in accordance with the Police Administration Act 1978 and this Act.

42 Extension of limitation period (1) This section applies if a youth is diverted in relation to an offence but fails to satisfactorily complete a Youth Justice Conference or diversion program. (2) Subject to section 21, proceedings may be commenced against the youth for the offence despite that the applicable limitation period has expired. (3) The proceedings must be commenced before the later of: (a) the expiry of the applicable limitation period; or (b) 3 months after the diversion is determined to have been unsatisfactory.

42A Reporting on diversion of youth (1) A police officer must prepare or obtain a report containing the (a) if the officer refers the youth to a diversion program under section 39(2)(d) or (4) and the youth declines to participate in the program or does not complete the program – a statement of that fact and any reasons offered by the youth for declining or not completing the program; (b) if the officer declines to refer the youth to a diversion program under section 39(2)(d) – a statement of that fact and the reasons of the officer for declining; (c) if the officer is authorised by the Commissioner of Police (or the Commissioner's delegate) under section 39(4) to refer the youth to a diversion program and the officer declines to refer

Youth Justice Act 2005 29 the youth to the program – a statement of that fact and the reasons of the officer for declining; (d) if the officer is authorised by the Commissioner of Police (or the Commissioner's delegate) under section 39(4) to refer the youth to a diversion program and the youth declines to participate in the program or does not complete the program – a statement of that fact and any reasons offered by the youth for declining or not completing the program; (e) if the youth is not referred to a diversion program because section 39(3) applies – a statement of that fact. (2) If the youth is charged with the offence, the prosecution must, as soon as practicable, provide the report mentioned in subsection (1) to the youth's legal representative and to the Youth Justice Court.

43 Publication of information of diversion (1) If a person is found guilty of an offence, information concerning the diversion of the person as a youth for that or any other offence may be produced in the Youth Justice Court for the purpose of determining the sentence to be imposed on the person for the (2) Information and details of the diversion of a youth must not be published, except as aggregated data for statistical purposes where the information does not permit any particular youth to be identified. (3) A person who publishes information in contravention of subsection (2) commits an offence. 200 penalty units or imprisonment for 1 000 penalty units. (4) In this section, a reference to the diversion of a youth includes a reference to dealing with the youth under a scheme for the diversion of youths operating in a State or another Territory that is similar to the scheme operating under this Part.

44 No review or appeal (1) A decision: (a) to divert or not to divert a youth; or

Youth Justice Act 2005 30 (b) that a youth did or did not complete a diversion satisfactorily, cannot be reviewed or appealed against in any court or tribunal. (2) Subsection (1) does not affect the power of the Court to refer a youth for assessment under section 64.

45 Continuation and constitution (1) The Juvenile Court established under the repealed Act is continued in existence as the Youth Justice Court. (2) Each Local Court Judge is a Judge of the Youth Justice Court. (3) The Youth Justice Court is a court of record and has a seal that must be affixed to all process issued out of the Court.

46 Exercise of jurisdiction (1) The jurisdiction of the Youth Justice Court is exercisable by a Judge sitting alone. (2) The Chief Judge may appoint as a Youth Judge a Local Court Judge who, in the opinion of the Chief Judge, has the knowledge, qualifications, skills and experience in the law and the social or behavioural sciences, and in dealing with youths and their families, as the Chief Judge considers appropriate. (3) An appointment of a Local Court Judge as a Youth Judge does not affect: (a) the terms and conditions of the Judge's appointment under the Local Court Act 2015; or (b) the ability of a Local Court Judge who is not a Youth Judge to exercise the jurisdiction of the Youth Justice Court.

46A Changes in constitution of Court during proceedings (1) In particular proceedings, the Court need not be constituted by the same person or persons for the whole of the proceedings, until the taking of evidence commences. (2) Once the taking of evidence commences, the Court must be constituted by the same person or persons until the proceedings are determined.

Youth Justice Act 2005 31 (3) If, in criminal proceedings, the defendant pleads guilty and the proceedings are adjourned before the making of sentencing submissions commences, after that adjournment: (a) the Court need not be constituted by the same person as when the plea was entered; but (b) the Court must then be constituted by the same person until the proceedings are determined. (4) Further, if at any stage of proceedings the person who constitutes the Court is unable to continue, the Court constituted by a different person or persons may continue to deal with the proceedings. (5) The question whether a person is unable to continue is decided by the Chief Judge and the Chief Judge's decision is not liable to be challenged on any ground. (6) In this section, a person is unable to continue if the person: (a) dies; or (b) vacates office; or (c) is, by reason of illness, injury or other cause, unable to continue dealing with the proceedings without unreasonable delay.

47 Registrar of Youth Justice Court (1) A registrar of the Local Court is a Registrar of the Youth Justice (2) If the Court is required to perform its functions at a place outside the Territory, the Minister may appoint as a Registrar of the Court at the place: (a) a person who holds office as a registrar or deputy registrar of a court of the jurisdiction in which the place is located; or (b) another appropriately qualified person. (3) The conditions of service (including as to remuneration) of the appointed person are those that the person is entitled to under the law of the other jurisdiction. (4) A person appointed under subsection (2)(a) ceases to hold office if the person ceases to hold office as a registrar or deputy registrar of a court of the other jurisdiction.

Youth Justice Act 2005 32 (5) With the approval of the Minister, a Registrar of the Court may concurrently hold office as a registrar or deputy registrar of a court of another jurisdiction. (6) In this section: remuneration includes salary, allowances, fees, emoluments and benefits (whether in money or otherwise).

48 Where Youth Justice Court may be held (1) The Youth Justice Court may sit in the locations (including a place outside the Territory) that the Minister directs and in any building approved by the Minister for the holding of the Court. (2) The Minister must ensure that the places for the Court to sit: (a) provide adequate and appropriate facilities for the proceedings of the Court; and (b) as far as practicable are separate from the places in which proceedings in relation to adults are being held. (3) Despite subsection (1), if the Court considers it is expedient to sit in another place, the Court may sit in that other place.

49 Proceedings to be in closed court (1) The Court must be closed to the public for proceedings under this Act against a youth. (2) However, in addition to the parties to the proceedings and Court staff, the following persons may attend the proceedings: (a) a legal practitioner, whether or not the legal practitioner is the legal representative of the youth who is the subject of the proceedings; (b) a responsible adult in relation to the youth; (c) a person nominated by the youth for support; (d) an employee or representative of the Agency or another Agency; (e) a witness called to give evidence in the proceedings; (f) a victim of the alleged offence committed by the youth; (g) a person nominated by a victim for support;

Youth Justice Act 2005 33 (h) a genuine representative of the news media; (i) an interpreter for a person attending the proceedings. (3) Any other person may seek the leave of the Court to attend the proceedings. (4) The Court may order that a person not remain in or enter a room or place in which the Court is being held, or remain within the hearing of the Court. (5) In making an order under subsection (4), the Court must have regard to any prejudicial impact on the interests of the youth of the person's presence in the room or place in which the Court is being held, or within the hearing of the Court. (6) However, subsection (4) does not authorise the Court to exclude the following from the proceedings: (a) the youth; (b) a legal practitioner representing the youth; (c) the prosecutor. (7) A person commits an offence if: (a) the person is subject to an order under subsection (4); and (b) the person remains in or enters a room or place in which the Court is being held, or remains within the hearing of the Court. (8) A person other than a person mentioned in subsection (2) commits an offence if: (a) the person has not been granted leave of the Court to attend proceedings under subsection (3); and (b) the person remains in or enters a room or place in which the Court is being held, or remains within the hearing of the Court.

50 Restriction of publication (1) Subject to this section, a person who publishes a report of, or information relating to, proceedings in the Court or proceedings in

Youth Justice Act 2005 34 any other court arising out of proceedings in the Court that contains any particulars likely to lead to the identification of the following is guilty of an offence: (a) the particular venue of the Court in which the proceeding was heard; (b) the youth or other party to the proceeding; (c) a witness in the proceeding. (2) Subsection (1) does not apply if: (a) a police officer, under an arrangement for the exchange of such information, sends to the Police Force of a State or another Territory information relating to the conviction of a youth for an offence; or (b) a person publishes a report or information containing particulars of the youth who is the subject of the proceedings with the consent of the youth; or (c) a person publishes a report or information: (i) containing particulars likely to lead to the identification of a witness in the proceeding who is a complainant as defined in section 3 of the Sexual Offences (Evidence and Procedure) Act 1983 and who consents to the publication in accordance with section 6(2)(b) of that Act; and (ii) that does not contain particulars likely to lead to the identification of the youth who is the subject of the proceeding and who has not consented to the publication; and (iii) that does not contain particulars likely to lead to the identification of another witness in the proceeding who is a complainant as defined in section 3 of the Sexual Offences (Evidence and Procedure) Act 1983 and who has not consented to the publication in accordance with section 6(2)(b) of that Act. (2A) For proceedings for a sexual offence in which the youth is a defendant, the youth may not give consent under subsection (2)(b) to publish a report or information containing particulars of the youth until the youth has turned 18 years of age.

Youth Justice Act 2005 35 (3) A person may apply to the Court for permission to publish the report or information. (4) The Court may grant permission for the publication if the Court is satisfied that: (a) the circumstances giving rise to the application are an emergency; and (b) publication is reasonably necessary for the safety of: (i) the youth or a witness in the proceedings; or (ii) any other person in the community. (5) Subject to subsection (6), the CEO may grant permission for the publication of any particular of a detainee who has escaped from a detention centre if the CEO is satisfied that publication: (a) is reasonably necessary for the safety of the detainee or for any other person; or (b) will assist in apprehending the detainee or protecting the community. (6) In making a determination under subsection (5), the CEO must: (a) have regard to the desirability of minimising the stigma to the detainee and the detainee's family; and (b) grant permission for publication only to the extent necessary to apprehend the detainee. particulars likely to lead to the identification, in relation to a person, include the following particulars: (a) the name of the person; (b) the names of: (i) any relative of the person; or (ii) any other person having the care of the person; or (iii) in addition to subparagraphs (i) and (ii), in the case of an Aboriginal person – a member of the person's community;

Youth Justice Act 2005 36 (c) the name or address of any place of residence of the person, or the locality in which the residence is situated; (d) the name or address of any place of education, training or employment attended by the person, or the locality in which the place is situated. sexual offence, see section 3 of the Sexual Offences (Evidence and Procedure) Act 1983.

51 Youth in need of protection (1) This section applies if the Court believes: (a) a youth who is charged with an offence is or may be a child in need of protection; or (b) there is a risk to the wellbeing of the youth. (1A) The Court may take into account a parent's compliance with a family responsibility agreement in forming its belief under subsection (1). (2) The Court may require the CEO: (a) to investigate the circumstances of the youth; and (b) to take appropriate action to promote the wellbeing of the (3) If the Court requires the CEO to investigate the circumstances of the youth, the CEO must, as soon as practicable, give the Court a report on: (a) those circumstances (including, for example, whether or not the youth is a child in need of protection); and (b) any action that has been taken in relation to the youth regarding those circumstances. (4) The Court may: (a) adjourn the matter for the preparation of the report; and (b) remand the youth under section 65. (5) In this section: CEO, see section 13 of the Care and Protection of Children Act 2007.

Youth Justice Act 2005 37 child in need of protection means a child who is in need of protection as defined in section 20 of the Care and Protection of Children Act 2007. wellbeing of a youth, means the wellbeing of a child as defined in section 13 of the Care and Protection of Children Act 2007.

52 Jurisdiction of Youth Justice Court (1) The following must be dealt with in accordance with this Act by the Youth Justice Court: (a) all charges in respect of summary offences or indictable offences allegedly committed by a youth; (b) all applications in the Territory relating to unlawful activity, or alleged unlawful activity, of youths, whether or not that activity took place, or is alleged to have taken place, in the Territory. (2) The jurisdiction of the Youth Justice Court in relation to an offence allegedly committed by a youth is not affected only because the alleged offender has subsequently turned 18 years of age. (3) Subsection (1) does not limit the jurisdiction of the Supreme Court to deal with a matter involving a youth where an ex officio indictment has been presented to that Court.

53 Application of other Acts (1) Unless this Act makes specific provision in relation to proceedings, orders or convictions, the following applies as if the Youth Justice Court were the Local Court: (a) the Local Court (Criminal Procedure) Act 1928, except for Part IV, Division 2A of that Act; (b) Part 4, Division 2, section 42 and Part 4, Divisions 4 and 5 of the Local Court Act 2015.

Youth Justice Act 2005 38 (1A) In a provision of any other Act relating to unlawful activity or alleged unlawful activity: (a) a reference to the Local Court includes, in relation to a youth, a reference to the Youth Justice Court; and (b) a reference to a Local Court Judge includes, in relation to a youth, a reference to a Judge of the Youth Justice Court; and (c) a reference to a registrar of the Local Court includes, in relation to a youth, a registrar of the Youth Justice Court. Note for subsection (1A) Acts relating to unlawful activity or alleged unlawful activity include the Criminal Code, Bail Act 1982 and Parole Act 1971. (2) This Act does not affect the powers of a justice of the peace to issue a summons or warrant in relation to a youth.

54 Court to deal with matters summarily except in certain cases Subject to sections 54A, 55(4) and 56, all charges before the Youth Justice Court are to be heard and determined summarily.

54A Exception if adult offender would be liable to life imprisonment (1) Subsection (2) applies to a charge in respect of an offence allegedly committed by a youth that would be punishable by imprisonment for life if the offence had been committed by an adult. (2) The Youth Justice Court must deal with the charge by way of preliminary examination.

55 Indictable offence tried summarily if youth consents (1) This section applies if a youth is charged in respect of an indictable offence that is neither of the following: (a) an offence mentioned in section 120 of the Local Court (Criminal Procedure) Act 1928; (b) an offence mentioned in section 54A(1). (2) The Youth Justice Court must inform the youth and a responsible adult in relation to the youth (if present in court) of the youth's right to consent or not to the charge being heard and determined (3) If the youth consents, the Court must hear and determine the charge summarily.

Youth Justice Act 2005 39 (4) If the youth does not consent, the Court must deal with the charge by way of preliminary examination. (5) For subsection (2), if no responsible adult in relation to the youth is present in court, the Court: (a) may adjourn the proceeding to enable a responsible adult to be present; and (b) may continue the proceeding after the adjournment even if no responsible adult is present.

56 Court may decline to hear and determine charge summarily (1) If, at any stage of the proceedings (prior to a finding of guilt), the Youth Justice Court considers it is not appropriate to hear and determine summarily a charge in respect of an indictable offence for which the Court has jurisdiction, the Court: (a) may decline to hear and determine the charge summarily; and (b) if it declines – must give its reasons for declining; and (i) if dealing with the charge by way of preliminary examination – must continue by way of preliminary examination; and (ii) otherwise – must continue the proceedings as if the Court had been dealing with the charge by way of preliminary examination. (2) For subsection (1), it is immaterial whether or not the youth: (a) has consented under section 55(3) to the charge being heard and determined summarily; or (b) has elected under section 56A(2) to have the charge heard and determined summarily.

56A Youth may elect to be tried summarily (1) Subsection (2) applies if the Youth Justice Court is dealing by way of preliminary examination with a charge in respect of an indictable offence that is not an offence of the type mentioned in section 54A(1). (2) The youth may, at any time before or during the preliminary examination, elect to have the charge heard and determined

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56B Youth and adult charged – joint preliminary examination (a) a youth and an adult are charged with offences founded on the same facts; and (b) under this Act the charge against the youth is to be dealt with by way of preliminary examination; and (c) under the Local Court (Criminal Procedure) Act 1928 the charge against the adult is to be dealt with by way of preliminary examination under that Act. (2) If this section applies, the 2 preliminary examinations may be conducted as a joint preliminary examination by a Local Court Judge constituting, at the same time, both the Local Court and the Youth Justice Court. (3) When conducting a joint preliminary examination: (a) for the charge against the youth – the presiding Judgeconstitutes the Youth Justice Court and must deal with the matter under this Act; and (b) for the charge against the adult – the presiding Judge constitutes the Local Court and must deal with the matter under the Local Court (Criminal Procedure) Act 1928. (4) A court conducting a joint preliminary examination may, at any stage, disjoin the examinations and deal with the defendants separately if satisfied it would be in the interests of justice to do so. (5) When a joint preliminary examination is conducted, the examination: (a) in so far as it relates to the youth, is a preliminary examination under this Act; and (b) in so far as it relates to the adult, is a preliminary examination under the Local Court (Criminal Procedure) Act 1928.

57 Referral to Supreme Court for sentencing (a) the Youth Justice Court is conducting a preliminary examination in respect of a youth in accordance with section 55(4) or 56; and

Youth Justice Act 2005 41 (b) at any stage of the proceedings the youth indicates that he or she wishes to plead guilty. (2) If the Youth Justice Court considers it appropriate, the Court may accept the guilty plea and do either of the following: (a) sentence the youth; (b) refer the youth to the Supreme Court for sentencing.

58 Pleas in summary hearing (1) If a charge in respect of an offence is to be heard and determined summarily in the Youth Justice Court, the youth who is charged with an offence must enter a plea: (a) at the commencement of the hearing; or (b) if the proceeding began as a preliminary examination but the youth elects under section 56A to have the charge heard and determined summarily – on the continuation of the proceeding as a summary hearing. (2) If the youth pleads guilty to a charge in respect of an offence, the Court may, at any stage of the proceedings, if it is of the opinion that the youth may not be guilty of the offence charged, order that the plea of guilty be withdrawn and a plea of not guilty be entered. (3) If the Court makes an order under subsection (2), the youth is not entitled to plead autrefois convict by reason of his or her initial plea of guilty. (4) A youth may change his or her plea from not guilty to guilty at any stage of proceedings. (5) Subsection (4) does not apply in relation to a plea entered under subsection (2).

59 Exclusion of evidence unlawfully obtained (1) In proceedings against a youth in respect of an offence, the Court may order that evidence in relation to the youth is not admissible if satisfied the evidence was obtained: (a) in contravention of this Act; or (b) as a consequence of a contravention of or a failure to comply with this Act.

Youth Justice Act 2005 42 (2) However, the Court may admit the evidence if satisfied that admission of the evidence would specifically and substantially benefit the public interest without unduly prejudicing the rights of any person. (3) The Court must have regard to the following matters when deciding whether or not to admit the evidence: (a) the seriousness of the offence, the difficulty of detecting the offender, the need to apprehend the offender urgently and the need to preserve evidence of the facts; (b) the nature and seriousness of the contravention or failure; (c) the extent to which the evidence might have been lawfully obtained; (d) any other matters the Court considers relevant. (4) This section is in addition to, and does not derogate from, any other law or rule under which a court may refuse to admit evidence.

60 Points of law may be reserved for consideration of Supreme Court (1) The Youth Justice Court may reserve a question of law arising from or in relation to proceedings against a youth for an offence and may state a special case or cases for the opinion of the Supreme Court. (2) A question may be reserved at any time during proceedings for the matter in the Youth Justice Court or at any time within one month after the Youth Justice Court has finally determined the matter. (3) The Supreme Court must deal with a special case with as little delay as practicable and may do any of the following: (a) amend the special case; (b) send the special case back to the Youth Justice Court for amendment; (c) make any order that it considers appropriate. (4) An order under subsection (3)(c) may include an order as to costs of the proceedings in the Supreme Court and in the Court below. (5) The Youth Justice Court must deal with the matter having regard to the order of the Supreme Court in relation to the special case or question reserved.

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61 Court must explain proceedings to youth (1) The Court must satisfy itself that a youth who is the subject of proceedings for an offence understands the nature of the proceedings. (2) If the youth is not represented by a legal practitioner, the Court must explain to him or her in a language and manner the youth is likely to understand, having regard to the youth's age, health, maturity, cultural background and English language skills: (a) the nature of the allegations against him or her; and (b) the legal implications of those allegations; and (c) the elements of the offence that must be established by the prosecution. (3) An order or finding of the Court cannot be called into question only on the ground of failure to comply with this section if the Court has substantially complied with subsections (1) and (2).

62 Legal representation of youth If a youth is not legally represented in proceedings for an offence and the Court considers the youth needs legal representation, the Court may require that legal representation be provided to the youth and may adjourn or stay the proceedings until satisfactory arrangements are made for the representation of the youth.

63 Responsible adults to attend court (1) A responsible adult in respect of a youth must attend the Court and remain in attendance during proceedings against the youth for an (2) Subsection (1) does not apply if the Court is satisfied that it would be unreasonable to require that attendance. (3) If a responsible adult fails without reasonable excuse to attend the Court, or remain in attendance during the proceedings, the Court may direct that a warrant or summons be issued to bring the responsible adult before the Court at that or a further hearing. (4) The Court may: (a) adjourn the proceedings to allow for the responsible adult to be present; and

Youth Justice Act 2005 44 (b) continue the hearing after the adjournment despite that the responsible adult is not present.

64 Court may refer youth to diversion (1AA) The Youth Justice Court may, at any stage of the proceedings against a youth in respect of an offence, take action under subsection (1) unless: (a) the proceedings relate to a prescribed offence; or (b) under section 39(3)(d), diversion was previously considered an unsuitable option for the youth. (1) The Youth Justice Court may, in respect of the offence: (a) adjourn the proceedings; and (b) refer the youth to be assessed for inclusion in a diversion program or a Youth Justice Conference conducted for the purposes of Part 3. (2) Subsection (1) applies whether or not: (a) the youth has entered a plea to a charge in respect of the offence; or (b) there has been a finding of guilt in relation to a charge in respect of the offence.

64A Youth Justice Court may dismiss charges (1) Subject to subsection (2), the Youth Justice Court may, at any stage of the proceedings against a youth in respect of an offence, dismiss the charge in respect of the offence, whether or not the Court finds the charge proven against the youth. (2) The Youth Justice Court must not dismiss a charge for an offence if a youth was included in a diversion program mentioned in section 39(2)(d) or involved in a Youth Justice Conference in respect of the offence but did not successfully complete the program or Conference.

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64B Court may order appropriate Agency to enter into family responsibility agreement with parent of youth (1) The Court may, at any stage of the proceedings against a youth in respect of an offence: (a) order that an appropriate Agency take reasonable steps to enter into a family responsibility agreement with a parent of the youth; or (b) review compliance with a family responsibility agreement in relation to the youth. (2) In this section: appropriate Agency, see section 140A.

65 Court may remand youth (1) The Court may, at any stage of proceedings in relation to a youth, remand the youth and, by order: (a) allow the youth to go at large; or (b) release the youth on bail; or (c) release the youth into the care and supervision of any person; or (d) remand the youth in custody. (2) If the youth is remanded in custody, he or she can be detained in a detention centre or, if the youth has turned 15 years of age, in either a custodial correctional facility or detention centre as ordered by the Court. (3) Unless the youth is committed for trial in the Supreme Court, an order remanding the youth in custody must not, except with his or her consent, be for a period of more than 15 days. Note for subsection (3) Subsection (3) does not prevent the Court from making consecutive orders remanding the youth in custody that result in the youth remaining in custody in excess of 15 days. (4) The Court may revoke an order made under subsection (1) and may substitute any other order it can make under that subsection.

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66 Enquiry and examination authorised A person who is required to provide the Court with a report in relation to a youth: (a) is authorised to make any necessary enquiries; and (b) may require the youth to be interviewed and examined by a medical practitioner or other appropriate person.

67 Report as to mental condition of youth (1) If the Court considers that the mental condition of a youth who is charged with an offence may affect his or her criminal responsibility or ability to understand proceedings, the Court may cause the youth to be examined by an appropriately qualified person. (2) The Court may adjourn proceedings in order for the youth to be examined. (3) The person who examines the youth must report (whether orally or in writing) to the Court as to the youth's mental condition.

68 Court may seek submissions or reports (1) If a youth has been found guilty of an offence, the Court may (whether before or after the proceedings are complete) seek submissions or reports in relation to the youth. (2) A submission or report may be written or oral.

69 Court must require pre-sentence report (1) If a youth has been found guilty of an offence and the Court is considering imposing a sentence of detention or imprisonment, the Court must ensure that it is informed as to the circumstances of the (2) In order to be informed, the Court must require a pre-sentence report to be provided to it. (3) However, if the Court is satisfied that it has the information necessary to determine an appropriate sentence, the Court may dispense with the need for a report. (4) The Court may require the report to address specific matters in relation to the youth that the Court wishes to be informed about.

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70 Content of pre-sentence report (1) A pre-sentence report under section 69 may set out all or any of the following matters that are reasonably ascertainable by the author of the report and that appear to him or her to be relevant to the sentencing of the youth: (a) the age of the youth; (b) the social history and background of the youth; (c) the medical and psychiatric history of the youth; (d) the youth's educational background; (e) the youth's employment history; (f) the circumstances of the offence of which the youth has been found guilty; (g) the circumstances of other offences of which the youth has been found guilty; (h) any relevant diversion history of the youth; (i) the extent to which the youth is complying with any sentence currently imposed on him or her; (j) the financial circumstances of the youth and his or her family; (k) any special needs of the youth; (l) any courses, programs, treatment, therapy or other assistance that could be available to the youth and from which he or she may benefit; (m) family and community views of the youth's offending behaviour; (n) risk issues in relation to the youth and further offending. (2) The author must include in the report any other matter relevant to the sentencing of the youth that the court has directed to be set out in the report.

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71 Report in certain circumstances (1) If a youth has been found guilty of an offence and the Court is considering imposing on a youth a sentence that includes any of the following, the Court must require a report as to the suitability of the youth for the proposed sentence: (a) a sentence that includes supervision; (b) a community work order; (c) alternative detention; (d) periodic detention. (2) If the Court is considering a sentence that involves a fine or restitution by financial compensation, the Court must satisfy itself (if necessary by requiring a report) that the sentence is appropriate having regard to the financial circumstances of the youth.

72 Court may adjourn for report to be prepared If the Court has requested a report in relation to a youth, the Court may: (a) adjourn the proceedings to enable the report to be prepared; and (b) remand the youth in accordance with section 65.

73 Reports to be made available (1) A copy of every written report in relation to a youth received by the Court under this Division must be given to each of the following: (a) the youth; (b) a responsible adult in respect of the youth who is present in court; (c) the prosecutor. (2) However, the Court may order that the report or part of the report must not be given to the youth or to a specified person if the Court is of the opinion that the report contains material that, if disclosed to the youth or another person, may be prejudicial to the welfare of the

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74 Challenge to contents of report A person to whom a copy of a report is given may cross-examine the author of the report or the person who carried out an investigation on which the report was based, and the youth reported on or a responsible adult in respect of the youth may give evidence or call witnesses to rebut the contents of the report.

75 Protection in relation to report (1) This section applies to a person acting in good faith who does any of the following: (a) provides information for the purpose of preparing a report under this Division; (b) prepares the report; (c) gives the report to the Court. (2) The person is not civilly or criminally liable, and is not in breach of any professional code of conduct, for: (a) the preparing or giving of the report; or (b) the disclosure of any information in the report.

76 Definitions harm includes any of the following: (a) physical injury; (b) psychological or emotional suffering, including grief; (c) contraction or fear of contraction of a sexually transmissible medical condition; (d) pregnancy; (e) economic loss. victim impact statement means an oral or written statement prepared for the purposes of this Division and containing details of the harm suffered by a victim of an offence arising from the offence.

Youth Justice Act 2005 50 victim report means an oral or written statement prepared by the prosecutor for the purposes of this Division and containing details of the harm suffered by a victim of an offence arising from the offence.

77 Court must consider victim impact statement or victim report (1) Before the Court sentences a youth for an offence, the Court must permit the prosecutor to present a victim impact statement or victim report in relation to each victim of the offence. (2) The Court must consider each victim impact statement and each victim report presented before determining the sentence to be imposed in relation to the offence. (3) The Court must not draw any inference in favour of a youth (or against a victim) because a victim impact statement or victim report is not presented to the Court.

78 Victim impact statements (1) The prosecutor must present a victim impact statement if the victim consents to its presentation. (2) If the victim is incapable, because of age or physical or mental disability, of giving consent to the presentation of a victim impact statement, the victim impact statement may be prepared by a person who, in the opinion of the Court, has a sufficiently close relationship with the victim. (3) A victim impact statement may, with the permission of the Court, be presented by a person other than the prosecutor. (4) A written victim impact statement must be signed and a copy must be given to the youth. (5) If a victim impact statement is to be presented orally, a written or oral summary of the statement must be given to the youth. (6) A legal practitioner representing the youth or, with the leave of the Court, the youth, may cross-examine: (a) the person who signed a written victim impact statement; or (b) the person (not being the prosecutor) presenting the statement orally, about the contents of the statement.

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79 Victim reports (1) The prosecutor must present a victim report if: (a) a victim does not consent to the presentation of a victim impact statement in relation to him or her; and (b) the details of the harm suffered by the victim arising from the offence are reasonably ascertainable; and (c) the victim has been informed of the contents of the victim report and does not object to its presentation. (2) If the victim is incapable, because of age or physical or mental disability, of giving consent to the presentation of a victim report, the victim report may be presented if a person who, in the opinion of the Court, has a sufficiently close relationship with the victim has been informed of the contents of the report and does not object to its presentation. (3) A victim report may also be presented if: (a) the victim cannot be located after reasonable attempts have been made by the prosecutor; and (b) the details of the harm suffered by the victim arising from the offence are reasonably ascertainable. (4) A victim report need not be presented to the Court if the details of the harm are already before the Court as evidence or as part of a report prepared in relation to the youth. (5) A copy of a written victim report must be given to the youth. (6) If a victim report is to be presented orally, a written or oral summary of the report must be given to the youth.

80 Other matters may be addressed (1) A victim impact statement or victim report may contain details of the harm caused to the victim arising from another offence: (a) for which the youth has already been sentenced, or will be sentenced in the proceedings then before the Court; or (b) which has already been taken into account in a sentence, or which may be taken into account in the proceedings then before the Court.

Youth Justice Act 2005 52 (2) A victim impact statement or victim report may contain a statement as to the victim's wishes in respect of the sentence of the Court for the offence.

80A Definitions Aboriginal experience report, see section 80B. approved member, of a Law and Justice Group, means a member of the Law and Justice Group who is approved under section 107C(3) of the Sentencing Act 1995. community court sentencing procedure means the sentencing of a youth in accordance with this Division. Law and Justice Group, for a place, see section 107C(2) of the Sentencing Act 1995.

80B Meaning of Aboriginal experience report An Aboriginal experience report, as defined in section 107B of the Sentencing Act 1995, applies to this Division as if an offender is a youth under this Act.

80C Application for community court sentencing procedure (1) A youth may apply to the Youth Justice Court for the Court to sentence the youth for an offence in accordance with the community court sentencing procedure if the youth: (a) has pleaded guilty to an offence in the Youth Justice Court; and (b) has agreed with the prosecutor to facts in relation to the offence and those facts have been given to the Court; and (c) is Aboriginal. (2) The application must specify a place: (a) in the Territory for the sitting of the Court; and (b) for which a Law and Justice Group is established. (3) The Court may grant the application or refuse to grant the application.

Youth Justice Act 2005 53 (4) In deciding whether to grant the application or refuse to grant the application, the Court must have regard to: (a) the youth's connection to the place specified in the application; and (b) any other matter the Court considers relevant.

80D Community court sentencing procedure (1) If the Youth Justice Court grants an application under section 80C(3), the Court must: (a) sit and hear the proceedings at the place specified in the youth's application; and (b) make an order under section 83 in relation to the offence at the place. (2) Before making the order under section 83, the Court: (a) must consider an Aboriginal experience report in respect of the youth and the offence; and (b) may consider the responses given to any questions asked of the approved members of the Law and Justice Group who prepared the report as mentioned in subsection (5). (3) Sections 72, 73 and 75 apply to an Aboriginal experience report as if the report was requested, received or prepared under Division 2. (4) The Court may adjourn the proceedings to enable the Aboriginal experience report to be prepared. (5) After receiving the Aboriginal experience report the Court may, in relation to the information contained in the report: (a) ask questions of the approved members of the Law and Justice Group who prepared the Aboriginal experience report; and (b) allow another person to ask questions of the approved members of the Law and Justice Group who prepared the Aboriginal experience report. (6) The response given to a question asked under subsection (5) may be given in writing or orally. (7) To avoid doubt, this section does not limit the matters the Court would ordinarily consider in imposing a sentence on the youth.

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80E Information in Aboriginal experience report and responses of Law and Justice Group The fact that information is contained in an Aboriginal experience report or a response given to a question asked under section 80D(5) does not constitute proof of the information.

80F Rules of Court and practice directions The Chief Judge may make rules of Court, or issue practice directions, regulating the practice and procedure of the Court under this Division.

81 Principles and considerations to be applied to youth offenders (1) When sentencing a youth who has been found guilty of an offence, the Court must: (a) have primary regard to any impact of the offence on each victim of the offence; and (b) also have regard to: (i) the principles applying generally for disposing of charges for offences, except as those principles are modified by this Act; and (ii) the general principles of youth justice set out in section 4. (2) The Court must consider any information about the youth or the offence that may assist the Court to decide how to dispose of the matter, and in particular must consider: (a) the nature and seriousness of the offence; and (b) any history of offences previously committed by the youth; and (c) the youth's cultural background; and (d) the age and maturity of the youth; and

Youth Justice Act 2005 55 (e) any previous order in relation to an offence that still applies to the youth, and any further order that is liable to be imposed if the youth has not complied with the terms of the previous order; and (f) the extent to which any person was affected as a victim of the (3) The Court must dispose of the matter in a way that is in proportion to the seriousness of the offence. (4) The Court must have regard to the fact that the rehabilitation of a youth may be facilitated by: (a) the participation of the youth's family; and (b) giving the youth opportunities to engage in educational programs and in employment, but the absence of such participation or opportunities must not result in the youth being dealt with more severely for the offence. (5) The Court must take into account whether the youth has taken steps to make amends with any of the victims of the offence.

82 Powers of Supreme Court in sentencing (1) If a youth is found guilty before the Supreme Court of an offence, the Supreme Court may do any of the following: (a) exercise, in addition to its powers, the powers of the Youth Justice Court; (b) order that the youth be detained in a detention centre or imprisoned for a period not exceeding the period of imprisonment for which such an offence would be punishable if committed by an adult; (c) remit the case to the Youth Justice Court. (2) If the Supreme Court makes an order under subsection (1)(b), it may also make any order in relation to that detention or imprisonment that it could make in relation to a sentence of imprisonment under the Sentencing Act 1995. (3) If the Supreme Court finds a youth guilty of murder, the Supreme Court may, despite section 157(2) of the Criminal Code, sentence the youth to life imprisonment or a shorter period of detention or imprisonment as it considers appropriate.

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83 Orders Court may make (1) If the Court finds a charge proven against a youth it may, whether or not it proceeds to conviction, do one or more of the following: (a) dismiss the charge for the offence; (b) discharge the youth without penalty; (c) adjourn the matter for a period not exceeding 6 months and, if during that period the youth does not commit a further offence, discharge the youth without penalty; (d) adjourn the matter to a specified date not more than 12 months from the date of the finding of guilt, and grant bail to the youth in accordance with the Bail Act 1982: (i) for the purpose of assessing the youth's capacity and prospects for rehabilitation; or (ii) for the purpose of allowing the youth to demonstrate that rehabilitation has taken place; or (iii) for any other purpose the Court considers appropriate in the circumstances; (e) order the youth to participate in a program approved by the Minister, as specified in the order, and adjourn the matter for that purpose (see Division 3); (f) order that the youth be released on his or her giving such security as the Court considers appropriate that he or she will: (i) appear before the Court if called on to do so during the period, not exceeding 2 years, specified in the order; and (ii) be of good behaviour for the period of the order; and (iii) observe any conditions imposed by the Court (see Division 4); (g) fine the youth not more than the maximum penalty that may be imposed under the relevant law in relation to the offence (see Division 5); (h) make a community work order that the youth participate in an approved project for the number of hours, not exceeding 480 hours, specified in the order (see Division 6);

Youth Justice Act 2005 57 (i) order that the youth serve a term of detention or imprisonment that is suspended wholly or partly (see Division 7); (j) order that the youth serve a term of detention or imprisonment that is suspended on the youth entering into an alternative detention order (see Division 8); (k) order that the youth serve a term of detention or imprisonment that is to be served periodically under a periodic detention order (see Division 9); (l) order that the youth serve a term of detention or imprisonment; (m) make any other order in respect of the youth that another court could make if the youth were an adult convicted of that offence other than a community correction order or intensive community correction order under the Sentencing Act 1995. Example for subsection (1)(d)(iii) Allowing a parent or responsible adult in respect of the youth to demonstrate compliance with a family responsibility agreement. (2) If the Court orders that the youth serve a term of detention or imprisonment, the term must not exceed the lesser of: (a) the maximum period that may be imposed under the relevant law in relation to the offence; or (b) for a youth who is: (i) 15 years of age or more – 2 years; or (ii) less than 15 years of age – 12 months. (3) The Court must not order the imprisonment of a youth who is less than 15 years of age. (4) If the Supreme Court remits a case to the Youth Justice Court under section 82(1)(c), the Youth Justice Court must deal with the youth as if the youth had been found guilty of the offence in that (5) This section does not limit the power of the Supreme Court to impose on a youth a sentence it could otherwise impose on him or her.

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84 Court may order pre-sentencing conference (1) The Court may, when determining the appropriate sentence for a youth who has been found guilty of an offence, adjourn the proceedings and order the youth to participate in a pre-sentencing conference. (2) A pre-sentencing conference may be with any of the victims of the offence the youth is charged with, community representatives, members of the youth's family or any other persons as the Court considers appropriate. (3) The Court may: (a) direct that the conference be convened at a specified time and place; and (b) appoint a person who is appropriately qualified as the convenor of the conference. (4) The convenor must report to the Court as to the outcome of the conference.

85 Non-parole period (1) If the Court sentences a youth to a term of detention or imprisonment longer than 12 months that is not suspended in whole or part, the Court must fix a non-parole period unless the Court considers that the nature of the offence, the past history of the youth or the circumstances of the particular case make the fixing of such a period inappropriate. (2) If the sentence is in respect of more than one offence, the non-parole period fixed under subsection (1) is in respect of the aggregate period of detention or imprisonment that the youth is liable to serve under all the sentences imposed. (3) Subject to section 87, if the Court sentences a youth to a term of detention or imprisonment of 12 months or less, or a term that is suspended in whole or part, the Court may not fix a non-parole period.

86 Fixing non-parole period otherwise than at time of sentencing (1) This section applies if the Court fails to fix a non-parole period under section 85. (2) The failure does not invalidate the sentence.

Youth Justice Act 2005 59 (3) On application by the appropriate authority, a prosecutor, the youth or a person on behalf of the youth, the Court may fix a non-parole period in accordance with section 85 in any manner in which the Court might have done so at the time of sentencing.

87 Fixing new non-parole period in respect of multiple sentences (a) a youth has been sentenced to be detained or imprisoned for an offence and a non-parole period has been fixed in respect of the sentence; and (b) before the end of the non-parole period the youth is sentenced by the Court to a further term of detention or imprisonment. (1A) The Court must fix a new single non-parole period in respect of all the sentences the youth is to serve or complete. (2) The new single non-parole period fixed at the time of the imposition of the further sentence: (a) supersedes any previous non-parole period that the youth is to serve or complete; and (b) must not be such as to render the youth eligible to be released on parole earlier than would have been the case if the further sentence had not been imposed.

88 Court may disqualify youth from holding driving licence (1) The Court may, in addition to any other order it may make if a youth is found guilty of an offence, make an order disqualifying the youth from holding a licence to drive a motor vehicle: (a) as from a day or time specified in the order; and (b) for a period specified in the order or until further order. (2) The Court may make the order if satisfied that, having regard to all the facts and circumstances before it, the youth is not a fit and proper person to hold such a licence. (3) The Court may make the order if the charge is proved, whether or not a conviction is recorded. (4) The order has the same force and effect as an order under the Traffic Act 1987.

Youth Justice Act 2005 60 (5) The Court may, at any time on application by or on behalf of the youth disqualified under the order, vary or revoke the order if the Court is satisfied it is just and expedient to do so. (6) This section is in addition to any powers of a court under the Traffic Act 1987 or any other Act to make an order disqualifying a person from holding a licence to drive a motor vehicle.

89 Restitution (1) The Court may, in addition to any other order it may make in relation to a youth who is found guilty of an offence, make an order for: (a) restitution by way of monetary compensation; or (b) with the consent of the youth and the victim, performance of service as compensation for an offence. (2) In making the order, the Court must have regard to: (a) the amount of loss or damage suffered as a result of the offence; and (b) the ability of the youth to comply with the order. (3) An order under subsection (1) for monetary compensation must not exceed $5 000. (4) Monetary compensation under this section must be paid to the Fines Recovery Unit for distribution in accordance with the order. (5) The Fines and Penalties (Recovery) Act 2001 applies in relation to an amount payable under this section. (6) If the Court orders performance of service as compensation: (a) the monetary value of the compensation must be specified in (b) the value of the service performed is to be determined in accordance with the Regulations; and (c) the youth must perform the service until the monetary value of the compensation has been satisfied. (7) An order under this section does not preclude any other action or proceedings for damages by a person who suffered loss or damages as a result of an offence.

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89A Court may order family responsibility agreement be entered into (1) In addition to any other order the Court may make, the Court may order that an appropriate Agency take reasonable steps to enter into a family responsibility agreement with a parent of the youth before the Court. (2) The Court may make an order under subsection (1) whether or not the Court finds a charge proven against the youth or finds the youth guilty of an offence. appropriate Agency, see section 140A.

90 Matters relating to approved programs (1) This section applies in relation to an order under section 83(1)(e). (2) The Minister may, by notice in the Gazette, approve a program for this section. (3) If the Court is satisfied that the youth has satisfactorily completed the program, the Court may make an order discharging the youth without penalty. (4) If the Court is satisfied that the youth has failed to satisfactorily complete the program, the Court must: (a) revoke the order (if it is still in force); and (b) deal with the youth for the relevant offence or offences in any manner in which the Court could deal with the youth if it had just found the youth guilty of the offence or those offences. (5) In determining how to deal with the youth under subsection (4)(b), the Court must take into account the extent to which the youth had complied with the order or conditions or continuing obligation. (6) In dealing with a youth under this section, the Court must not

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91 Making good behaviour order (1) This section applies if the Court makes a good behaviour order. (2) A good behaviour order in respect of a youth may impose any of the following conditions on the youth as the Court considers appropriate: (a) that the youth reside with a particular person, or at a particular place, specified in the order; (b) that the youth obey the reasonable directions of a person specified in the order; (c) that the youth refrain from the activities, or from associating with persons, specified in the order; (d) that the youth be under the supervision of the CEO and that the youth reports to a person nominated by the CEO, at the place and times as determined by that person, during the period of the order; (e) any other condition the Court considers appropriate. (3) If the Court makes a good behaviour order in respect of a youth, the youth must sign the order to signify acceptance of the terms before leaving the precincts of the Court. (4) A copy of a good behaviour order must be: (c) sent to the CEO, if the order entails supervision. (5) A youth who is the subject of a good behaviour order may, by order of the Court or by notice issued by the Registrar, be called upon during the period specified in the order to appear before the Court. (6) An order or notice under subsection (5) must be served on the youth not less than 4 days before the time specified in the notice for the appearance. (7) An application for an order under subsection (5) may be made in the absence of the youth.

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92 Imposition of fine (1) This section applies if the Court imposes a fine under section 83(1)(g). (2) The fine may be enforced under the Fines and Penalties (Recovery) Act 2001 unless the Court orders detention or imprisonment in default in accordance with subsection (3). (3) The Court may order that if the fine is not paid within 28 days the youth must be detained at a detention centre or imprisoned until his or her liability to pay the fine is discharged. (4) If the Court makes an order under subsection (3) and the youth does not pay the fine within 28 days, the Court may issue a warrant of commitment in respect of the youth specifying the period of detention or imprisonment to be one day for each amount (or part of that amount) prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 that comprises the fine. (5) If the youth serves the total period of detention or imprisonment under a warrant under subsection (4), the fine is taken to be satisfied. (6) If the youth serves part of the period of detention or imprisonment under a warrant under subsection (4), the fine is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 for each day actually served. (7) Unless otherwise ordered by the Court, any period of detention or imprisonment that the youth has to serve as a result of an order under subsection (3) must be served: (a) cumulatively on any incomplete sentence or sentences of detention or imprisonment imposed on the youth for the default of a payment of a fine or sum of money; and (b) concurrently with any incomplete sentence or sentences of detention or imprisonment imposed on the youth other than for the default of a payment of a fine or sum of money, whether the other sentence was or the other sentences were imposed before or at the same time as that term.

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93 Application and purpose of community work orders (1) This Division applies in relation to a community work order. (2) The purpose of a community work order is to reflect the public interest in ensuring that a youth who commits an offence makes amends to the community by performing work that is of benefit to the community.

94 Making community work order (1) The Court may make a community work order in relation to a youth if: (a) the youth consents to the making of the order and to the terms of the order; and (b) the Court is satisfied there is an approved project suitable for the youth to participate in; and (c) a community youth justice officer advises the Court that arrangements have been or will be made for the youth to participate in the approved project; and (d) the Court is satisfied that the youth is a suitable person to participate in the approved project. (2) For subsection (1)(d), the Court must require a report from a community youth justice officer as to the youth's circumstances and any other matter the Court specifies. (3) If the Court makes a community work order, the youth must sign the order to signify acceptance of the terms of the order before leaving the precincts of the Court. (4) If the Court makes a community work order, it must ensure that a copy of the order is: (c) sent to the CEO. (5) A community work order may require the youth to be present: (a) at a place and to a person; and

Youth Justice Act 2005 65 (b) within a time; specified in the order or as directed by the CEO in writing. (6) If the time and place are not specified in the order, the CEO must cause a written direction to be given to the youth as soon as practicable after the order is made. (7) If the community work order: (a) is in respect of 2 or more offences; or (b) is in addition to one or more other community work orders in force in respect of the youth, the total number of hours to be worked under the order, or orders as the case may be, must not exceed 480 hours.

95 Duties of youth in carrying out community work order (1) A youth who is the subject of a community work order: (a) must participate, for the number of hours specified in the order, in an approved project as directed by a community youth justice officer; and (b) must participate in the project to the satisfaction of a community youth justice officer or the project supervisor; and (c) must, while participating in the project, comply with any reasonable directions of a community youth justice officer or the project supervisor; and (d) must inform a community youth justice officer of any change in the youth's residential address within 48 hours after the change; and (e) must not commit an offence while the order is in force. (2) Unless the youth consents, he or she must not be required to participate in an approved project under a community work order for more than 8 hours (exclusive of time allowed for meals) in any one day.

96 Breach of community work order (1) A youth who is the subject of a community work order breaches the order if the youth: (a) fails to comply with a term or condition of the order; or

Youth Justice Act 2005 66 (b) fails to carry out the youth's obligations under section 95; or (c) disturbs or interferes with any other person participating in or doing anything under a community work order; or (d) assaults, threatens, insults or uses abusive language to a community youth justice officer or the project supervisor; or (e) changes address to avoid the youth's obligations under this Act. (2) If the community work order that is breached is in addition to one or more other community work orders in force in respect of the youth, any time spent participating in approved projects under the orders is taken to have been spent in the projects in the succession in which the orders were made, and the youth is taken to be in breach of all the orders that remain unsatisfied.

97 CEO may approve projects (1) The CEO may approve a rehabilitation project or work, or both, as a project to be participated in under a community work order. (2) An approved project must have a person nominated to be the project supervisor.

98 Making order to suspend sentence (1) This section applies in relation to an order under section 83(1)(i). (2) The Court may suspend all or part of a sentence of detention or imprisonment on the conditions it considers appropriate. (3) If the Court suspends all or part of a sentence, it must specify a period, not exceeding 2 years, during which the youth must not commit any further offences. (4) The period in subsection (3) begins: (a) if the whole of the sentence is suspended – on the date of the order; and (b) if part of the sentence is suspended – on the date specified in the order.

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98A Procedural matters (1) If the Court makes an order suspending the sentence imposed on a youth, the youth must sign the order to signify acceptance of the terms before leaving the precincts of the Court. (2) If the Court makes an order suspending the sentence imposed on a youth, it must ensure that a copy of the order is: (c) sent to the appropriate authority.

99 Application This Division applies in relation to an alternative detention order.

100 Making alternative detention order (1) The Court may suspend the sentence imposed on a youth if the youth enters into an alternative detention order and the Court is satisfied it is desirable to do so in the circumstances. (2) The Court must specify in the order the premises or place (which may include a restricted area) at which the youth is to reside or remain and the period, not exceeding 12 months, that the order is to remain in force. (3) The Court must not make the order unless the youth consents to the making of the order and to the terms of the order.

101 Circumstances in which alternative detention order may be made (1) The Court can only make an alternative detention order if it is satisfied that: (a) suitable arrangements are available for the youth to reside at the premises or place specified in the report; and (b) the premises or place specified in the report is suitable for the purposes of the order; and

Youth Justice Act 2005 68 (c) the making of the order is not likely to inconvenience or put at risk other persons living in those premises or at that place or the community generally; and (d) the youth is a suitable person for alternative detention. (2) In order to be satisfied as to those matters, the Court must require from the CEO a report. (3) The CEO must prepare and provide to the Court a report addressing the matters referred to in subsection (1) and any other matters specified by the Court. (4) In preparing the report, the CEO must take into account the views of those members of the community who, in the opinion of the CEO, may be affected by the making of the order.

102 Conditions of order (1) An alternative detention order may be subject to the terms and conditions the Court considers appropriate including, but not limited to, that the youth: (a) not leave the premises or place specified in the order except at the times and for the periods as prescribed or as otherwise permitted by the CEO or a community youth justice officer; and (b) wear or have attached an approved monitoring device in accordance with the directions of the CEO, and allow the placing, or installation in, and retrieval from, the premises or place specified in the order of a machine, equipment or device necessary for the efficient operation of the approved monitoring device; and (c) obey the reasonable directions of the CEO. (2) The Regulations may prescribe conditions with which a youth who is subject to an alternative detention order must comply.

103 Procedural matters (1) If the Court makes an alternative detention order, the youth must sign the order to signify acceptance of the terms before leaving the precincts of the Court. (2) If the Court makes an alternative detention order, it must ensure that a copy of the order is:

Youth Justice Act 2005 69 (ba) sent to the CEO; and (c) if the youth is sentenced to a term of imprisonment – sent to the Commissioner.

104 If more than one alternative detention order made (1) If the Court makes an alternative detention order in respect of 2 or more offences, the aggregate period the order is to remain in force must not exceed 12 months. (2) If one or more other alternative detention orders are in force in respect of the youth, the Court must not make a further alternative detention order that results in the aggregate periods of the orders exceeding 12 months.

110 Breach of alternative detention order A youth breaches an alternative detention order if the youth: (a) fails to reside in or remain at the premises or place specified in the order; or (b) fails to comply with a term or condition of the order; or (c) wilfully destroys, damages or removes, or attempts to destroy, damage or remove, any part of an approved monitoring device or any associated machine, equipment or device; or (d) fails to comply with a lawful direction of a community youth justice officer to submit to a prescribed alcohol/drug test; or (e) disturbs or interferes with another person residing in the premises or at the place specified in the order; or (f) assaults, threatens, insults or uses abusive language to a community youth justice officer; or (g) contravenes a condition prescribed under section 102(2).

111 Application This Division applies in relation to a periodic detention order.

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112 Making periodic detention order (1) The Court may make a periodic detention order in respect of a youth if: (a) the youth consents to the making of the order and to the terms of the order; and (b) the Court is satisfied there are appropriate facilities available; and (c) the Court is satisfied that the youth is a suitable person for periodic detention. (2) For subsection (1)(c), the Court must require a report from the Commissioner of Correctional Services or the CEO as to the youth's circumstances and any other matter the Court specifies.

113 Order must specify number of detention or imprisonment periods A periodic detention order must specify: (a) the number of periods of detention or imprisonment the youth must serve; and (b) the length of each period of detention or imprisonment; and (c) the detention centre or custodial correctional facility at which the youth must serve the sentence; and (d) the date and time at which the youth must first report to the detention centre or custodial correctional facility; and (e) the day of the week and the time at which the youth must subsequently report during the term of the sentence.

114 Conditions of order (1) A periodic detention order is subject to the following conditions: (a) the youth must report to the relevant detention centre or custodial correctional facility (as the case may be) on the day or date and at the time specified in the order; (b) the youth must not commit an offence while the order is in force;

Youth Justice Act 2005 71 (c) the youth must notify the superintendent of the detention centre, or the officer in charge of the custodial correctional facility (as the case may be), within 48 hours of being charged with an offence, in the Territory or elsewhere, while the order is in force; (d) the youth must notify the superintendent of the detention centre, or the officer in charge of the custodial correctional facility (as the case may be), of any change in the youth's address, while the order is in force, within 48 hours after the change; (e) while the order is in force, the youth must obey all lawful instructions and directions of the appropriate authority or the superintendent of the detention centre or the officer in charge of the custodial correctional facility (as the case may be); (f) any other conditions the Court considers appropriate. (2) For subsection (1)(e), lawful instructions and directions includes instructions or directions in relation to participation in any program or activity.

115 Procedural matters (1) If the Court makes a periodic detention order, the youth must sign the order to signify acceptance of the terms before leaving the precincts of the Court. (2) If the Court makes a periodic detention order, it must ensure that a copy of the order is: (c) sent to the appropriate authority.

116 Order remains in force until served or cancelled A periodic detention order remains in force until: (a) the relevant detention or imprisonment periods required to be served under the order, or any detention or imprisonment periods by which the order has been extended under section 119, have been served; or (b) the order has been cancelled or revoked.

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117 Warrant of commitment covers all periods The Court must issue a warrant of commitment in respect of the youth that is taken to apply to all detention or imprisonment periods to be served under the periodic detention order.

118 Youth in lawful custody The youth is taken to be in lawful custody while serving each period of detention or imprisonment under the order.

119 Appropriate authority can vary times (1) The appropriate authority may grant a youth leave of absence from a period of detention or imprisonment: (a) for health reasons; or (b) on compassionate grounds; or (c) for any other reason the appropriate authority considers sufficient. (2) Leave of absence may be granted either before or after the detention or imprisonment period to which it relates. (3) If the appropriate authority refuses to grant leave of absence to a youth in relation to one or more detention or imprisonment periods, the youth may apply to the Youth Justice Court and the Court may, if it considers it appropriate, direct that leave of absence be granted in respect of all or any of those detention or imprisonment periods. (4) An application under subsection (3) must be made within 21 days after the refusal. (5) If the Court directs that leave of absence be granted, the appropriate authority is taken to have granted leave of absence for each detention or imprisonment period specified by the Court. (6) A youth who is granted leave of absence from a period of detention or imprisonment: (a) is not taken to be serving that period of detention or imprisonment for the purposes of the youth's sentence; and (b) must continue to report under the periodic detention order until the specified number of detention or imprisonment periods have been served.

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120 Youth unfit for detention or imprisonment (1) The superintendent of a detention centre or the officer in charge of a custodial correctional facility (as the case may be) may refuse to admit a youth to the centre or facility if the superintendent or officer believes on reasonable grounds that the youth is unfit to serve a period of detention or imprisonment because the youth's behaviour is unruly or is otherwise a threat to the good order or security of the centre or facility. (2) A youth refused admission under subsection (1) is taken to have failed to report for detention or imprisonment. Division 10 Breach of order and re-offending during adjournment

121 Breach (1) A youth breaches an order if the youth: (a) fails, without reasonable excuse, to comply with a term or condition of the order; or (b) fails to comply with the Regulations relating to the order; or (c) commits an offence against a law in force in the Territory or elsewhere while he or she is subject to the order; or (d) does an act, or omits to do an act, that comprises a breach under another provision of this Act. (2) The Court may, on application by the appropriate authority or prosecutor or of its own motion, make an order under this section. (3) Notice of the application or hearing must be given to the youth. (4) A justice of the peace may issue a warrant for the arrest of the youth if satisfied that: (a) the youth is in breach of an order; and (b) the youth may not appear in Court. (5) If the youth does not attend the hearing, the Court may issue a warrant for the arrest of the youth.

Division 10 Breach of order and re-offending during adjournment Youth Justice Act 2005 74 (6) If the Court is satisfied by evidence on oath or by affidavit, or by the admission of a youth, that the youth has breached an order, the Court may: (a) if the order is still in force: (i) confirm or vary the order; or (ii) revoke the order and deal with the youth under section 83 as if it had just found him or her guilty of the relevant offence or offences; and (b) if the order is no longer in force – deal with the youth under section 83 as if it had just found him or her guilty of the relevant offence or offences. (7) In determining how to deal with the youth under subsection (6), the Court must take into account the extent to which the youth had complied with the order before the application was made. (8) In dealing with a youth under this section, the Court must not

122 Youth offends during adjournment (a) the Court: (i) finds a charge proven against a youth; and (ii) adjourns the matter under section 83(1)(c) or (e); and (iii) discharges the youth without penalty; and (b) the youth is subsequently found guilty of an offence committed during the period of the adjournment. (2) The Court that finds the youth guilty of the offence referred to in subsection (1)(b) must, in addition to imposing a penalty in respect of that offence, impose on the youth any penalty that could have been imposed in respect of the offence to which subsection (1)(a) applies. (3) It is immaterial that the aggregate of both penalties may exceed a limit referred to in section 83.

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123 Explanation of orders (1) If the Court makes an order in relation to a youth, the Court must explain the order to the youth in a language and manner the youth is likely to understand, having regard to the youth's age, health, maturity, cultural background and English language skills. (2) The Court must explain to the youth: (a) the purpose and effect of the order; and (b) the consequences of non-compliance with the order and the circumstances in which the youth would be taken to breach (c) that the Court has the power to review the order on the application of the appropriate authority, the youth or a person on behalf of the youth. (3) An order is not invalidated by a failure to comply with subsection (2).

124 Arrest without warrant if condition breached If a police officer has reason to believe that a youth has breached a condition imposed on the youth under this Part, the officer: (a) may arrest the youth without a warrant; and (b) must bring him or her before the Court as soon as practicable.

125 Aggregate sentences of detention or imprisonment (1) If the Court finds a youth guilty of 2 or more offences arising out of the same incident or course of conduct, the Court may impose one term of detention or imprisonment in respect of both or all of those (2) The term of detention or imprisonment must not exceed the lesser of: (a) the maximum term that could be imposed if a separate term were imposed in respect of each offence; or (b) for a youth who: (i) has turned 15 years of age – 2 years; or (ii) is under 15 years of age – 12 months.

Youth Justice Act 2005 76 (3) Subsection (1) does not apply if one of the offences is a violent offence, or a sexual offence, within the meaning of the Sentencing Act 1995.

126 Detention or imprisonment to be concurrent unless otherwise ordered (1) If a youth: (a) is serving, or has been sentenced to serve, a term of detention or imprisonment for an offence; and (b) is sentenced by the Court to serve another term of detention or imprisonment for another offence, the later term of detention or imprisonment must be served concurrently with the term of detention or imprisonment for the first (2) Subsection (1) does not apply if: (a) this Act otherwise provides; or (b) the Court otherwise orders when imposing the later sentence.

127 Cumulative orders of detention or imprisonment (1) If a youth: (a) is serving, or has been sentenced to serve, a term of detention or imprisonment for an offence; and (b) is sentenced to serve another term of detention or imprisonment for another offence, the Court may direct the term of detention or imprisonment for the other offence is to start from the end of the term of detention or imprisonment for the first offence or an earlier date. (2) Subsection (1) applies whether the term of detention or imprisonment for the first offence is being served concurrently with or cumulatively on the term of detention or imprisonment for another offence.

128 Taking other offences into account Section 107 of the Sentencing Act 1995 applies in relation to proceedings under this Act as if: (a) a reference to a court were a reference to the Youth Justice Court; and

Youth Justice Act 2005 77 (b) a reference to a person included a reference to a youth.

129 Sentence of detention or imprisonment may be backdated Despite any other provision of this Act, if: (a) a youth has been in custody after his or her arrest for an offence; and (b) the youth is convicted of that offence and sentenced to detention or imprisonment, the Court may order that the detention or imprisonment is taken to have commenced on the day on which the youth was arrested or on any other day between that day and the day on which the Court passes sentence.

130 Order of service of sentences of detention or imprisonment If a youth has been sentenced to several terms of detention or imprisonment in respect of any of which a non-parole period was fixed, the terms are taken to be served in succession as follows: (a) any term in respect of which a non-parole period was not fixed; (b) the non-parole period; (c) unless and until released on parole, the balance of any term after the end of the non-parole period.

131 Further sentence if detainee on parole (a) a youth is sentenced in the Territory to a term of detention or imprisonment for an offence that was committed while a parole order under the Parole Act 1971 was in force for the youth; and (b) the parole order: (i) was revoked by the Chairperson under section 5B(1)(b) of the Parole Act 1971 before the youth was sentenced; or (ii) was cancelled by a court under section 6 of the Parole Act 1971 before the youth was sentenced; or (iii) is taken, under section 5D of the Parole Act 1971, to have been revoked because of the sentence.

Youth Justice Act 2005 78 (2) The Court must also order the youth to be detained or imprisoned for: (a) if the parole order was revoked or cancelled as mentioned in subsection (1)(b)(i) or (ii) – the term that the youth had not served when released from detention under the parole order minus the part of the term the youth served after the parole order was revoked or cancelled; or (b) otherwise – the term that the youth had not served when released from detention under the parole order. (3) The term of detention or imprisonment to be served in accordance with subsection (2) starts at the end of the term of detention or imprisonment to which the youth is sentenced for the offence mentioned in subsection (1). Chairperson, see section 3(1) of the Parole Act 1971.

133 Parents liable for costs of detention (1) If, under section 83, a youth is ordered by the Court to be detained at a detention centre, the Court may order that a parent or the parents of the youth pay an amount towards the cost of detaining the youth in the detention centre. (2) The amount must not exceed: (a) $100 per week for each week during which the youth is detained in the detention centre; or (b) for periodic detention – $15 per day for each day the youth is detained in the detention centre. (3) If the Court makes an order under subsection (1), it must specify the amount that the parent is, or parents are, required to pay towards the cost of detaining the youth. (4) The Fines and Penalties (Recovery) Act 2001 applies in relation to an amount ordered to be paid under this section and any amount payable must be paid to the Fines Recovery Unit. (5) The Court must not make an order under this section in respect of a parent or the parents of a youth unless: (a) the parent is, or parents are, given an opportunity to be heard and it has taken into account any matters put to it by the parent or parents; and

Youth Justice Act 2005 79 (b) it is satisfied that the parent has, or parents have, failed to exercise reasonable supervision and control of the youth; and (c) it is satisfied, after taking into account all the circumstances, that it is reasonable to make the order.

134 Forfeiture of bail (1) If the Court orders forfeiture of a bail undertaking, Part 8 of the Fines and Penalties (Recovery) Act 2001 applies and payment can be enforced under that Act unless the Court orders detention or imprisonment in default under subsection (2). (2) The Court may order that if the forfeited amount is not paid within 28 days, the youth in respect of whom the order is made must be detained at a detention centre or imprisoned until his or her liability to pay the forfeited amount is discharged. (3) If the Court makes an order under subsection (2) and the forfeited amount is not paid within 28 days, the Court may issue a warrant of commitment in respect of the youth specifying the period of detention or imprisonment calculated on the basis of the amount forfeited as follows: (a) the period must be one day for each amount (or part of that amount) prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 that comprises the amount forfeited; (b) the period must not be less than one day; (c) the period must not exceed 3 months. (4) If a youth serves the total period of detention or imprisonment under a warrant under subsection (3), the forfeiture is taken to be satisfied. (5) If a youth serves part of the period of detention or imprisonment under a warrant under subsection (3), the forfeiture is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 for each day actually served. (6) Unless otherwise ordered by the Court, any period of detention or imprisonment that the youth has to serve as a result of an order under subsection (2) must be served: (a) cumulatively on any incomplete sentence or sentences of detention or imprisonment imposed on the youth for the default of a payment of a fine or sum of money; and

Youth Justice Act 2005 80 (b) concurrently with any incomplete sentence or sentences of detention or imprisonment imposed on the youth other than for the default of a payment of a fine or sum of money, whether the other sentence was or the other sentences were imposed before or at the same time as that term.

135 Registrar may disclose name of youth (a) a charge against a youth for an offence is proven (whether or not a conviction is recorded); and (b) a person intends to commence proceedings for loss or damage as a result of the offence; and (c) the proceedings under this Act in respect of the youth were closed to the public. (2) The person may apply to the Registrar who must supply the person with the name and address of the youth.

137 Procedure where youth before another court (1) If, in any proceedings before a court other than the Youth Justice Court, it appears to the court that the proceeding should have been instituted in the Youth Justice Court, the court may: (a) order a stay of the proceedings; or (b) proceed with the hearing and determination of those proceedings in accordance with this Act as if the court were the Youth Justice Court. (2) If a court stays proceedings under subsection (1)(a), it must: (a) refer the proceedings for hearing and determination by the Youth Justice Court; and (b) do one of the following: (i) allow the youth to go at large; (ii) release the youth on bail; (iii) release the youth into the care and supervision of any person; (iv) remand the youth in custody in a detention centre or other suitable place (that is not a custodial correctional facility).

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138 Procedure where adult before Youth Justice Court (1) If, in the course of any proceedings before the Youth Justice Court, it appears to the Court that the proceedings should have been instituted in the Local Court, the Youth Justice Court may: (a) order a stay of the proceedings; or (b) proceed with the hearing and determination of those proceedings as if it were the Local Court. (2) If the Youth Justice Court stays proceedings under subsection (1), it must: (a) refer the proceedings for hearing and determination by the Local Court; and (b) do one of the following: (i) allow the defendant to go at large; (ii) release the defendant on bail; (iii) remand the defendant in suitable custody.

139 Court has jurisdiction A court to which proceedings are referred under section 137 or 138 has jurisdiction to hear and determine the proceedings.

140 Referred proceedings valid If proceedings are referred to the Youth Justice Court under section 137: (a) the proceedings must be dealt with under this Act from the date of referral, despite that before that date the proceedings or any part of those proceedings did not comply with this Act or that a requirement of this Act had not been complied with; and (b) the proceedings are not invalid only because, before the date of the referral, those proceedings did not comply with this Act or a requirement of this Act had not been complied with.

Youth Justice Act 2005 82 Part 6AA Community youth justice officers and monitoring 140AA Community youth justice officers (1) The CEO may appoint a public sector employee to be a community youth justice officer. (2) A community youth justice officer: (a) has the following functions: (i) to prepare reports for the Court as required; (ii) to supervise a youth who is the subject of supervision under a non-custodial order; (iii) to monitor the compliance of a youth who is the subject of a monitoring order with the conditions of the order; (iv) other duties as directed by a court or the CEO; (v) any other functions conferred by this or any other Act; and (b) has the powers necessary to perform those functions and any other powers conferred by this or any other Act. (3) The CEO may exercise the powers and perform the functions of a community youth justice officer conferred by this or any other Act. non-custodial order means any of the following: (a) a monitoring order; (b) a community work order; (c) any other order made under this Act or the Sentencing Act 1995 that requires a youth to be supervised.

Youth Justice Act 2005 83 140AB Approval of monitoring devices The CEO may approve a monitoring device for use to monitor the location and activities of youth who are subject to monitoring orders. 140AC Direction by community youth justice officer (1) A community youth justice officer may give a youth who is subject to a monitoring order any reasonable direction that the officer considers appropriate. (2) The direction may be about a matter dealt with in the youth's monitoring order, but the direction must not contradict the conditions of the order. (3) A failure by a youth to comply with the direction is taken to be a breach of the conditions of the monitoring order. 140AD CEO may direct use of approved monitoring device The CEO may direct a youth who is subject to a monitoring order to submit to the use of an approved monitoring device (including its attachment to the youth) to monitor the youth's compliance with the order. 140AE Compliance with monitoring order (1) This section applies in relation to a youth who is subject to a monitoring order. (2) A community youth justice officer may do one or more of the (a) enter the approved residence; (b) search the approved residence; (c) search the youth; (d) place on, or attach to, the youth an approved monitoring device; (e) at the approved residence, do either or both of the following: (i) install an approved monitoring device and related equipment; (ii) inspect or remove any installed device or equipment.

Youth Justice Act 2005 84 (3) A community youth justice officer may exercise the power mentioned in subsection (2)(e)(ii) after the monitoring order has expired in order to remove a device or related equipment. approved residence, for a youth who is subject to a monitoring order, means the place at which the youth is required under the order to reside. related equipment means a thing used in connection with the effective operation of an approved monitoring device. 140AF Prescribed alcohol/drug tests (1) A community youth justice officer may direct a youth who is subject to a monitoring order to submit to: (a) a prescribed alcohol/drug test to detect the presence, or ascertain the concentration of, alcohol in the youth's body if the youth is prohibited under the order from consuming alcohol; or (b) a prescribed alcohol/drug test to detect the presence, or ascertain the concentration of, a restricted drug in the youth's body if the youth is prohibited under the order from using a restricted drug. (2) If a youth is required under this Division to submit to a prescribed alcohol/drug test, the youth must: (a) give to a prescribed sampler, or allow a prescribed sampler to take, (as the case requires) a sample of breath or a bodily substance that is sufficient for the purposes of the test; and (b) comply with any reasonable direction of the sampler. Note for subsection (2) Tampering with a sample may constitute an offence against section 140AG. (3) If a youth does not submit to a test as required under subsection (2): (a) the prescribed sampler may take the required sample without the youth's consent; and

Youth Justice Act 2005 85 (b) a police officer may assist to enable the test to be conducted, including by doing either or both of the following: (i) taking the youth to a place where the required sample can be taken; (ii) assisting a prescribed sampler to obtain the required sample. (4) In providing the assistance, the police officer may use the force that is reasonably necessary. Note for subsection (4) (5) A sample of breath or a bodily substance given or taken for a prescribed alcohol/drug test is the property of the Territory. (6) Regulations may prescribe one or more of the following: (a) alcohol/drug tests for use under this Division; (b) persons who are prescribed samplers for a prescribed alcohol/drug test; (c) matters in relation to the carrying out of a prescribed alcohol/drug test. alcohol/drug test means a test under which a sample of a person's breath, blood, saliva, urine or another bodily substance is tested or analysed to detect the presence, or ascertain the concentration of, alcohol or a restricted drug. 140AG Tampering with test samples A person commits an offence if the person tampers with a sample of breath or a bodily substance given or taken for the purposes of a prescribed alcohol/drug test. 140AH Evidentiary matters in relation to prescribed alcohol/drug tests (1) This section applies for the purposes of legal proceedings arising out of the operation of this Act in which the carrying out or results of a prescribed alcohol/drug test are relevant.

Youth Justice Act 2005 86 (2) If a prescribed alcohol/drug test detects: (a) the presence of alcohol in a sample of a youth's breath; or (b) the presence of alcohol or a restricted drug in a youth's body; the youth is taken to have consumed or used alcohol or the drug, unless the contrary is proved. (3) A certificate signed by a prescribed certifier stating matters relating to a certifiable matter is evidence of the matters stated in the certificate and the facts on which they are based. certifiable matter, for a prescribed certifier, means a matter relating to a prescribed alcohol/drug test that is specified in the regulations as a matter in relation to which the certifier may issue an evidentiary certificate. prescribed certifier means a person prescribed by regulation as a person who may issue an evidentiary certificate.

Part 6A Responsible care and supervision within the family

140A Definitions appropriate Agency means an Agency to which the Minister has assigned the administrative responsibilities of an appropriate Agency under this Part. authorised officer means: (a) the person for the time being responsible for administering an appropriate Agency (whether described as the chief executive officer or in some other way); or (b) any other person authorised by an appropriate Agency to act on behalf of the Agency under this Part. parent, of a youth, includes a person who is, in relation to the youth, a responsible adult.

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140B Guiding principles (1) For the purposes of this Part, the best interests of the youth are to be treated as the paramount consideration. (2) Agencies with responsibilities related to the welfare of a youth must work together cooperatively and effectively to help parents: (a) safeguard and promote the wellbeing of the youth; and (b) exercise appropriate control over the behaviour of the youth; and (c) comply with any relevant family responsibility agreement.

140C How Agency acts for the purposes of this Act (1) An appropriate Agency acts for the purposes of this Act through an authorised officer. (2) An appropriate Agency must issue to each of the Agency's authorised officers an identity card certifying the officer's authority to act on behalf of the Agency under this Act. 140CA Relationship of this Part to Court powers This Part does not affect any power the Court otherwise has under this Act to deal with a youth.

140D Power to enter into family responsibility agreement An appropriate Agency may enter into a family responsibility agreement with a parent, or the parents, of a youth if: (a) the youth has demonstrated behavioural problems; and Examples 1 Criminal behaviour. 2 Persistent truancy. 3 Anti-social behaviour. (b) the youth's family circumstances may have caused, or contributed to, the behavioural problems; and (c) the Agency is of the opinion that the agreement may assist to resolve the problems.

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140E Family responsibility agreement (1) A family responsibility agreement may provide as follows: (a) it may require a parent to undertake counselling or therapy directed at helping the parent to overcome addictive, destructive or damaging behaviour; (b) it may require a parent to: (i) undertake counselling to provide guidance in the effective discharge of the parent's parental responsibilities; or (ii) join and participate in the activities of an appropriate support group; or (iii) undertake any other relevant course or program of personal development (including, if appropriate, a residential course or program); (c) it may require a parent to exercise proper care and supervision of the youth and, in particular, to take all reasonable steps to ensure that: (i) the youth attends school; and (ii) the youth keeps away from, and avoids contact with, persons named or described in the agreement; and (iii) the youth keeps away from places described in the agreement; (d) it may contain any other provisions, relevant to the effective care and supervision of the youth, that are agreed between the parties. (2) A family responsibility agreement remains in force for a term stated in the agreement but the term cannot: (a) exceed 12 months; or (b) extend beyond the date on which the youth turns 18.

Youth Justice Act 2005 89 (3) Before entering into a family responsibility agreement, the appropriate Agency must: (a) ensure facilities and services reasonably required by the parent or parents to comply with the agreement are reasonably available to the parent or parents in the relevant region; and (b) consider the following: (i) the circumstances of the youth's family and the likely effect of the agreement on the family; (ii) whether the youth, or a parent of the youth, suffers from a physical or mental disability or condition that causes or contributes to the youth's behavioural problems; (iii) the outcome of any inquiry under Division 3; and (c) ensure procedures are in place for the family responsibility agreement to be regularly reviewed to assess the parent's or parents' compliance and capacity to comply with it.

140F Family responsibility agreement not to give rise to enforceable obligations (1) A family responsibility agreement does not give rise to enforceable obligations. (2) Despite subsection (1), a failure of a parent to comply with a family responsibility agreement is information that may raise concerns about a child's wellbeing for the purposes of section 32 of the Care and Protection of Children Act 2007.

140G Inquiries into family circumstances (1) The Court may, on application, conduct an inquiry into the family circumstances of a youth: (a) where a parent, or the parents, of the youth have entered into a family responsibility agreement but the youth has continued to exhibit behavioural problems; or (b) where a parent or the parents of the youth have been invited to enter into a family responsibility agreement but have not done so; or

Youth Justice Act 2005 90 (c) where a parent or the parents of the youth have entered into a family responsibility agreement but have not complied with its terms; or (d) where the youth has been charged with an offence or has breached a condition of bail. (2) The application: (a) if based on subsection (1)(a), (b) or (c) – must be made by an appropriate Agency; and (b) if based on subsection (1)(d) – must be made by a member of the police force. (3) For the purposes of the inquiry: (a) the Court may issue a summons requiring the youth, a parent or parents of the youth, or any other person who may be able to assist the Court in conducting the inquiry, to appear before the court at a specified time and place; and (b) if a person fails to appear as required by the summons, the Court may issue a warrant to have the person arrested and brought before the Court. (4) The Chief Judge may make rules of Court, or issue practice directions, regulating the practice and procedure of the Court on an inquiry under this Division.

140H General provisions about inquiry (1) The purpose of an inquiry under this Part is to ascertain: (a) whether unstable or otherwise unsatisfactory family circumstances might have caused or contributed to the youth's behavioural problems; and (b) if so, whether the situation is likely to be improved by a family responsibility agreement. (2) The Court is not bound by the rules of evidence in conducting an inquiry under this Part and may inform itself in any way it considers appropriate.

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Part 7 Reconsideration and review of sentences and appeals

141 Reconsideration of sentence (1) This section applies if the Court finds a youth guilty of a charge and an order is made in relation to the youth or a responsible adult in respect of the youth. (2) The Court may reconsider the order on application by: (a) the youth or a person on behalf of the youth; or (b) if the order is in relation to a responsible adult – the responsible adult. (3) An application for reconsideration may be made at any time. (4) If an application for reconsideration relates to a sentence of detention or imprisonment, the Court may, upon application by or on behalf of the youth, release the youth on bail before it hears the application for reconsideration. (5) The Court must notify the applicant, and all other parties, of the place, date and time for the hearing of the application. (6) After the hearing of the application, the Court may: (a) confirm or vary the order; or (b) revoke the order and deal with the youth under section 83 as if it had just found him or her guilty of the relevant offence or (7) An appeal lies to the Supreme Court from any order made by the Youth Justice Court under this section. (8) The making of an application under this section does not prevent a person making another application under this section.

142 Review of sentencing orders (1) This section applies if the Court is satisfied, on an application by the youth, a person on behalf of the youth, the appropriate authority or a prosecutor: (a) that circumstances, including those of the youth, have materially changed and as a result the youth will not be able to continue to comply with an order or a condition or continuing obligation; or

Youth Justice Act 2005 92 (b) that the youth is no longer complying with, or is no longer willing to comply with, an order or a condition or continuing obligation. (2) The Court may do any of the following: (a) discharge the order; (b) confirm or vary the order; (c) revoke the order and deal with the youth under section 83 as if it had just found him or her guilty of the relevant offence or (3) In determining how to deal with the youth under subsection (2), the Court must take into account the extent to which the youth had complied with the order or conditions or continuing obligation before the application was made. (4) If the order the Court is reviewing is a community work order, the grounds for reviewing such an order include the following: (a) that the youth is in custody on a charge for another offence; (b) that the youth's behaviour is such that the carrying out of the terms of the order is impracticable; (c) that the operation of the order offends other persons. (5) In dealing with a youth under this section, the Court must not (6) An appeal lies to the Supreme Court from any order made by the Youth Justice Court under subsection (2). (7) If an application is made by or on behalf of the youth under this section, the Court must cause notice of the application, and of the time and place fixed for the hearing, to be given to the appropriate authority. (8) If an application is made by the appropriate authority or a prosecutor under this section, notice of the application must be given to the youth. (9) If the youth does not attend the hearing of the application, the Court may issue a warrant for the arrest of the youth.

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