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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(i) a youth should not be withdrawn unnecessarily from his or her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.