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Youth Justice Act 2005
42AReporting on diversion of youth
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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
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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.