Youth Justice Act 2005
4Principles
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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and members of his or her family should, where appropriate, be preserved and strengthened; (i) a youth should not be withdrawn unnecessarily from his or her family environment and there should be no unnecessary interruption of a youth's education or employment; (j) a youth's sense of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.