Victoria act

Youth Justice Act 2024

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

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The Youth Justice Act 2024 (Victoria) governs how young people who are accused of or found to have committed offences are handled by police, courts and detention services, affecting young people, their parents/guardians and victims. It frames the justice system’s balance between accountability and rehabilitation.

Note: only administrative metadata was provided here, not the Act’s full text. For rights, obligations or penalties consult the official legislation or a lawyer.

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Current sections

Direct links to the current provisions in Youth Justice Act 2024.

1172

543

Offence to communicate with child or young person on leave from youth justice custodial centre 470

543 Offence to communicate with child or young person on leave from youth justice custodial centre 470

544 Offence to deliver or introduce certain items to youth justice custodial centre or youth justice community service centre 471

545 Offence to take or receive articles or things from child or young person in youth justice custodial centre or youth justice community service centre without consent 472

546 Offences to deliver or leave articles or things for introduction into youth justice custodial centre or youth justice community service centre 473

547

Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre 474

547 Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre 474

548 Offence to refuse or fail to leave youth justice custodial centre or youth justice community service centre when required to do so 474

549 Person may be apprehended without warrant for certain offences 475

Part 10.6—Change of name applications and acknowledgement of sex applications 476

Division 1—Approval to make change of name applications 476

550 Application of Division 476

551 Offence to make a change of name application without approval 476

552 Application by child or young person in youth justice custodial centre or other person for approval to make a change of name application 476

553 Approval by Secretary to make a change of name application 477

554 Copy of Secretary's approval or refusal 477

555 Registration of name change 478

556 Victorian BDM Registrar may correct Register 478

Division 2—Approval to make acknowledgement of sex applications 479

557 Application of Division 479

558 Offence to make an acknowledgement of sex application without approval 479

559 Application by child or young person in youth justice custodial centre or other person for approval to make an acknowledgement of sex application 479

560 Approval by Secretary to make an acknowledgement of sex application 480

561 Copy of Secretary's approval or refusal 481

Part 10.7—Other provisions relating to youth justice custodial centres 482

562 Detention in default of payment of a fine 482

563 Bringing of child or young person before court 482

564 Power of police to arrest person in youth justice custodial centre 483

565 Interstate transfers of young offenders 484

566 Secrecy of security arrangements 485

Chapter 11—Children and young persons held in police gaols or in custody of transfer officer under transfer authority 490

Part 11.1—Rights of children in police gaols 490

567 Rights of children in police gaols 490

568 Chief Commissioner of Police to ensure rights are complied with 490

569 Right in police gaol—separate accommodation 491

570 Right in police gaol—communication 491

571 Right in police gaol—individual needs and environment 492

572 Right in police gaol—making complaints 493

573 Right in police gaol—being informed 493

Part 11.2—Children and young persons detained in police gaols or in custody of transfer officer under transfer authority 494

Division 1—Application of this Part 494

574 No application to child held in custody in police gaol under Terrorism (Community Protection) Act 2003 494

575 Disapplication of provisions of the Corrections Act 1986 494

576 Authority of police custody officer supervisors and police custody officers 495

Division 2—Prohibited actions 495

577 Prohibited actions 495

Division 3—Use of force in police gaol or in custody of transfer officer under transfer authority 496

578 Use of force prohibited in certain circumstances 496

579 Prohibited physical restraint techniques in police gaols or in custody of a transfer officer under transfer authority 497

580 Use of instruments of restraint prohibited except in certain circumstances 498

Division 4—Unclothed searches 500

581 Unclothed search of child held in custody in a police gaol 500

582 Use of reasonable force for unclothed searches must be authorised 501

583 Requirements before conducting unclothed searches in police gaols 502

584 Conduct of unclothed searches in police gaols 503

585 Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol 504

586 Actions after completion of an unclothed search 505

587 Child to be informed about complaints and actions required after unclothed search 506

Division 5—General requirements for use of force 507

588 General requirements applying to use of force 507

589 Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part 510

590 Actions to be taken after child or young person in custody of transfer officer under transfer authority is subjected to use of force under this Part 512

591 Child to be informed of rights to complain and entitlements under this Division 513

Chapter 12—Youth parole 516

Part 12.1—Youth Parole Board 516

Division 1—The Youth Parole Board 516

592 Youth Parole Board 516

593 Terms and conditions of office 517

594 Deputy chairperson to act as chairperson 519

595 Divisions of the Youth Parole Board 519

596 Aboriginal division of the Youth Parole Board 520

597 Meetings of the Youth Parole Board 521

598 Quorum 522

599 Validity of acts or decisions of the Youth Parole Board 522

600 Youth Parole Board secretary 523

601 Youth Parole Board secretary or member may act on behalf of Youth Parole Board 524

602 Evidentiary provisions 524

603 Immunity of Youth Parole Board members and secretary from liability 524

604 Youth Parole Board annual reports 525

605 Additional reports 526

Division 2—General powers and jurisdiction of the Youth Parole Board 527

606 Powers of Youth Parole Board 527

607 Power of Youth Parole Board to compel production of documents and other things or attendance of witnesses 527

608 Variation or revocation of notice to produce or notice to attend 528

609 Service of notice to produce or notice to attend 529

610 Power of Youth Parole Board to compel attendance of witnesses does not affect power of Board to direct child or young person on parole to attend for interview 531

611 Appearance by audio visual link 531

612 Notice to attend issued to child or young person detained in a youth justice custodial centre 532

613 Power to take evidence on oath or affirmation 533

614 Offence to fail to comply with a notice to produce or attend 533

615 Offence to fail to take oath, make affirmation or answer question 534

616 Costs of attending meeting of the Youth Parole Board 534

617 Protection of members of the Youth Parole Board at Youth Parole Board meetings 535

Division 3—Jurisdiction of the Youth Parole Board 535

618 Children and young persons detained in youth justice custodial centre subject to Youth Parole Board 535

Division 4—Information sharing about incidents and release on parole 536

619 Secretary must give certain information to Youth Parole Board about incidents 536

620 Information sharing by Youth Parole Board about release on parole 537

Part 12.2—Release on parole from youth justice custodial centre 538

Division 1—Explanation and use of information 538

621 Explanation of parole orders and decision-making criteria 538

622 Use of information given by persons on Youth Justice Victims Register 539

623 Use of victim impact statement 539

624 Use of parole stage group conference report 540

625 Limitation on Youth Parole Board's consideration of terrorism risk information 540

626 Secretary may provide terrorism risk information for purposes of this Part 541

Division 2—Release on parole 541

627 Release on parole from youth justice custodial centre 541

628 Release on parole of young person subject to youth justice custodial order under section 10AA(2) of the Sentencing Act 1991 542

629 Determination of parole where terrorism risk information provided 542

630 Presumption against release on parole in case of terrorism risk 543

631 Conditions of a youth parole order 544

632 Standard conditions of youth parole order 544

633 Additional parole conditions to be imposed in relation to certain offences 545

634 Special parole conditions 547

635 Child or young person still under sentence until end of parole period 547

Division 3—Cancellation of parole 548

636 Cancellation of parole 548

637 Youth Parole Board must consider cancelling parole of child or young person charged with terrorism or foreign incursion offences in certain circumstances 549

638 Youth Parole Board must consider cancelling parole of child or young person who gains a terrorism record while on parole 550

639 Youth Parole Board must consider cancelling parole if new terrorism risk information provided 550

640 Warrant may be issued if parole cancelled 551

641 Execution of warrant issued under section 640 552

642 Cancellation of parole may be revoked 553

643 Youth Parole Board may release on parole more than once 553

Division 4—Authorised youth justice community workers 554

644 Secretary may authorise youth justice community worker to perform functions and exercise duties and powers under youth parole orders 554

Part 12.3—Parole stage group conference 555

645 Referral for parole stage group conference 555

646 Assessment for parole stage group conference 555

647 Conference will only proceed with consent of child or young person 555

648 Date and time of parole stage group conference 556

649 Attendees of parole stage group conference 556

650 Objects of parole stage group conference 557

651 Conduct of parole stage group conference 558

652 Report of parole stage group conference 558

653 Confidentiality 558

Part 12.4—Youth Justice Victims Register 560

654 Youth Justice Victims Register 560

655 Functions and powers of the Secretary in relation to the Youth Justice Victims Register 560

656 Application to be included on the Youth Justice Victims Register 560

657 Inclusion on the Youth Justice Victims Register 562

658 Appointment of nominee 562

659 Person on the Youth Justice Victims Register to be given certain information 564

660 Confidentiality of information 565

661 Offence to publish information disclosed under section 659 565

662 Removal of person from Youth Justice Victims Register 568

663 Removal of nominee from Youth Justice Victims Register 568

664 Person on Youth Justice Victims Register may supply information to Youth Parole Board 569

Chapter 13—Transfers 571

Part 13.1—Transfer directions 571

Division 1—Preliminary 571

665 Limitation of Youth Parole Board's consideration of terrorism risk information 571

666 Entitlement to legal advice prior to transfer application under Division 2 or 4 being heard and determined 571

Division 2—Transfer from youth justice custodial centre to prison 572

667 Secretary may apply to Youth Parole Board to transfer child or young person to prison 572

668 Secretary may apply for transfer of child 18 years of age or over or young person to prison 574

669 Child or young person may apply for transfer to prison 574

670 Youth Parole Board must transfer child or young person to prison prior to child or young person turning 25 years of age 575

671 Transfer of other existing youth justice custodial orders in force at time a transfer direction is given 576

672 Custody—transfer to prison 576

673 Parole—transfer to prison 577

Division 3—Transfer from prison to youth justice custodial centre 578

674 Child or young person in prison may be transferred to youth justice custodial centre 578

675 Effect of transfer on sentence 579

676 Custody—transfer to youth justice custodial centre 579

677 Parole—transfer to youth justice custodial centre 580

Division 4—Other directions and general matters 581

678 Child or young person transferred to prison—default of payment of fine or sum of money 581

679 Child or young person in youth justice custodial centre sentenced to imprisonment 581

680 Child or young person in prison sentenced to detention in youth justice custodial centre 583

681 Transfers unaffected by appeal 584

Part 13.2—Service of sentences of detention and sentences of imprisonment 586

682 Child or young person in youth justice custodial centre sentenced to term of imprisonment—presumption of concurrent service of sentences 586

683 Child or young person in prison sentenced to term of detention in youth justice custodial centre—presumption of concurrent service of sentences 586

684 Serving sentence of detention in youth justice custodial centre and held in custody elsewhere 587

Chapter 14—Multi-agency panels and high risk panel 589

Part 14.1—Multi-agency panels 589

685 Secretary may establish multi-agency panels 589

686 Membership of multi-agency panels 589

687 Purpose of multi-agency panels 590

688 Functions of multi-agency panels 590

689 Who is a MAP eligible child or young person? 591

690 Cooperation and shared responsibility 592

691 Chair may assess and accept MAP eligible child or young person for oversight by multi-agency panel 592

692 Confidentiality of multi-agency panel meetings and information 593

Part 14.2—High risk panel 594

693 Commissioner for Youth Justice may establish high risk panel 594

694 Membership of high risk panel 594

695 Purpose of high risk panel 594

696 Functions of high risk panel 595

697 Cooperation and shared responsibility 596

698 Assessment for admission to high risk panel 597

699 Confidentiality of high risk panel meetings and information 597

Chapter 15—Sharing of confidential information 598

Part 15.1—Sharing of confidential information 598

700 Application of Part 598

701 What is an official duty? 598

702 Who is an official person? 600

703 Who is an information holder? 600

704 Request for confidential information from a relevant person 602

705 Disclosure of confidential information without request 603

706 Disclosure of confidential information to interstate youth justice agency 604

707 Disclosure of information for purposes of sentencing 604

708 Disclosure of confidential information for case management, case planning and service delivery purposes 605

709 Disclosure to a parent or legal representative 605

710 Disclosure made in good faith protected 606

711 No consent required from person to whom confidential information relates 607

712 Relevant persons and panel members authorised to use and disclose confidential information despite specified provisions 607

713 Offence for unauthorised disclosure of confidential information 607

714 Offence for unauthorised use of confidential information 608

Part 15.2—Sharing of terrorism risk information 610

715 What is the permitted purpose for disclosing information under this Part? 610

716 Secretary or Department may disclose terrorism risk information 611

717 Youth Parole Board may disclose terrorism risk information 611

Chapter 16—System planning, performance, collaboration and accountability 612

718 Strategic plan 612

719 Publication of prescribed information—operation of youth justice system 612

720 Obligations in delivery of services in youth justice system 613

721 Publication of prescribed information—accountability measures to improve outcomes for Aboriginal children and young persons 614

Chapter 17—Children and Young Persons Infringement Notice System (CAYPINS) 615

Part 17.1—Preliminary 615

722 Application of CAYPINS procedure 615

723 Certain agencies may give information for enforcement purposes 616

724 Court may order infringement penalty be dealt with through CAYPINS procedure 617

Part 17.2—Enforcement of infringement notices 619

725 Enforcement agency to provide documents for registration of infringement penalty 619

726 Registration of infringement penalty 622

727 Multiple registered infringement penalties may be dealt with together 623

728 Extended period for registration if work and development permit cancelled 624

729 Enforcement agency may request cancellation of registration 624

730 Notice of registration 625

731 Child's options 626

732 Applications concerning extended time to pay registered amount 629

733 Registrar's enforcement decision 630

734 Notice of enforcement decision 633

735 Court review of CAYPINS enforcement order 634

736 Effect of CAYPINS cancellation order 635

737 CAYPINS enforcement hearing 636

738 Effect of orders made under this Part 636

739 Expiry of CAYPINS enforcement orders and CAYPINS cancellation orders 637

740 Reinstatement of order made under this Part 638

741 Service of documents 639

Part 17.3—Cancellation of infringement notice 640

742 Cancellation of infringement notice if child not aware 640

743 Powers of Children's Court to cancel infringement notice 641

Part 17.4—Decision to go to court 643

744 Commencing proceeding for summary offence 643

Chapter 18—General 646

Part 18.1—Additional safeguards 646

745 Statements by child or young person participating in treatment or rehabilitation program not admissible in proceedings 646

746

Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced 647

746 Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced 647

747 Statements by child or young person participating in restorative justice program not admissible in subsequent proceedings 647

Part 18.2—Powers in relation to medical services 649

748 Powers in relation to assessment, medical treatment and admission to hospital 649

Part 18.3—Cultural support plans for Aboriginal children and young persons 651

749 Objects of cultural support plan 651

750 Development of cultural support plan 651

751 Secretary to assist Aboriginal child or young person to develop cultural support plan in accordance with request 652

752 Record of cultural support plan 653

753 Use of cultural support plan 653

754 Report to Commission for Children and Young People 654

Part 18.4—Establishment, approval and abolition of youth justice services 655

755 Establishment or abolition of youth justice custodial centre 655

756 Establishment, approval or abolition of youth justice community service centre 655

757 Approval of services 655

Part 18.5—Matters relating to group conferences 657

758 Person engaged to convene group conferences 657

759 Functions of group conference convenor 657

760 Remote conduct of or participation in group conference 658

761 Obligation to keep records 658

762 Financial assistance for victims of crime 659

Part 18.6—Enforcement and other matters 660

763 Offence to obstruct Secretary, Commissioner or employee 660

764 Requirements relating to reporting 660

Part 18.7—Limitation of the Supreme Court's jurisdiction 661

765 Supreme Court—limitation of jurisdiction 661

Part 18.8—Regulations 662

766 Regulations 662

767 Regulations dealing with transitional matters 666

Chapter 19—Transitional provisions and consequential amendments relating to minimum age of criminal responsibility 668

Part 19.1—Transitional provisions 668

768 Definitions 668

769 Person cannot be held criminally responsible for conduct at 10 or 11 years of age 668

770 Person must be released from custody for offence committed at 10 or 11 years of age 669

771 Criminal proceeding on foot 669

772 Criminal proceeding adjourned for therapeutic treatment order or protection order 670

773 Conviction or finding of guilt to be set aside 671

774 Presumption that person cannot be held criminally responsible for conduct at 12 or 13 years of age 673

775 Power to resolve transitional difficulties in proceeding 674

776 Regulations dealing with transitional matters—minimum age of criminal responsibility 675

777 Costs 675

778 No new entitlement to compensation 676

Part 19.2—Amendment of Bail Act 1977 678

779 Definitions 678

780 Determination in relation to a child 678

Part 19.3—Amendment of Children, Youth and Families Act 2005 679

781 Definitions 679

782 Part 5.1 repealed 679

783 Time limits for filing a charge-sheet 679

784 Children to be proceeded against by summons 680

785 Matters to be taken into account 680

786 Court may make youth residential centre order 680

787 Rules 680

788 Schedule 3—Definitions 681

Part 19.4—Amendment of Commission for Children and Young People Act 2012 682

789 Delegation 682

790 Definition 682

791 Section 60 amended 682

Part 19.5—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 684

792 Definitions 684

793 Section 38ZG repealed 684

794 How long does a supervision order last? 684

795 New section 91 inserted 685

Part 19.6—Amendment of Crimes Act 1958 687

Division 1—Conspiracy, incitement, recruitment and complicity 687

796 Conspiracy to commit an offence 687

797 New section 321AA inserted 687

798 New section 321GA inserted 688

799 Definitions 688

800 Recruiting a child to engage in criminal activity 689

801 Child need not engage in conduct or be prosecuted or found guilty of an offence 689

802 Limitation on prosecution 689

803 New section 324AB inserted 689

Division 2—Investigation, fingerprinting and forensic procedures 690

804 Questioning or investigation of person already held for another matter 690

805 Fingerprinting of children aged 14 or under 691

806 Children's Court may order fingerprinting 692

807 Forensic procedure on child 692

808 Forensic procedure following the commission of forensic sample offence 693

809 Forensic procedure following finding of not guilty because of mental impairment 693

Division 3—Destruction of records 694

810 New sections 464ZGFC and 464ZGFD inserted 694

Part 19.7—Amendment of Criminal Procedure Act 2009 698

811 Definitions 698

812 Commencement of a criminal proceeding in the Magistrates' Court 699

813 Summons or warrant to be accompanied by charge-sheet and notice when served 699

814 Contents of preliminary brief 699

815 Contents of full brief 699

816 Documents to be provided by police at first mention hearing 700

817 Summary case conference 700

818 Contents of hand-up brief 700

819 Contents of plea brief 700

820 Powers of court at directions hearing 700

821 Court may make orders and other decisions before trial 701

822 Pre-trial orders and other decisions generally binding on trial judge 701

823 New Division 5 of Part 5.5 inserted 701

824 Determination of appeal 706

825 New section 300A inserted 706

826 Meaning of fresh and compelling evidence 708

Part 19.8—Amendment of Family Violence Protection Act 2008 709

827 Contravention of family violence intervention order 709

828 Contravention of order intending to cause harm or fear for safety 709

829 Persistent contravention of notices and orders 709

Part 19.9—Amendment of Fines Reform Act 2014 711

830 Definitions 711

831 New section 201C inserted 711

Part 19.10—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 714

832 Disclosure or provision of information by the IBAC 714

Part 19.11—Amendment of Infringements Act 2006 715

833 Definitions 715

834 New Division 4 of Part 16 inserted 715

Part 19.12—Amendment of Jury Directions Act 2015 719

835 Application of Act to criminal proceedings without juries 719

Part 19.13—Amendment of Open Courts Act 2013 720

836 Other laws restricting or prohibiting publication not affected 720

Part 19.14—Amendment of Personal Safety Intervention Orders Act 2010 721

837 Section 18 amended 721

838 Division 4—Justice Legislation Miscellaneous Amendment Act 2018—statute law revision 721

839 New Division 6 of Part 13 inserted 722

Part 19.15—Amendment of Sentencing Act 1991 725

840 Factors to be considered in determining offender's character 725

Part 19.16—Amendment of Spent Convictions Act 2021 726

841 Definitions 726

842 Use of criminal record information by law enforcement agencies, courts and tribunals 729

843 Collection, use and disclosure of criminal record information by Court Services Victoria 730

844 New Part 4A inserted 730

845 Regulations 739

Part 19.16A—Amendment of Summary Offences Act 1966 741

845A Contravening certain conduct conditions of bail undertakings 741

Part 19.17—Amendment of Victims' Charter Act 2006 742

846 Definition of person adversely affected by crime 742

847 Definition of victim 743

848 Objects 744

849 Nomination of representatives 744

850 Victims' privacy 745

851 Information regarding complaints process for persons adversely affected by crime 745

Part 19.18—Amendment of Youth Justice Act 2024 747

852 Definitions 747

853 Commission for Children and Young People not to prejudice legal proceedings or investigations 747

Part 19.19—Repeal of amending Parts 748

854 Repeal of amending Parts 748

Chapter 20—Additional amendments to the Children, Youth and Families Act 2005 749

Part 20.1—Additional amendments to the Children, Youth and Families Act 2005 749

855 New sections 347B and 347C inserted 749

856 New section 491A inserted 750

Part 20.2—Repeal of this Chapter 752

857 Repeal of this Chapter 752

Chapter 21—Transitional provisions 753

Part 21.1—General transitional provisions 753

858 Definitions 753

859 General transitional provision 753

860 Renumbering 753

861 References to a superseded provision 754

Part 21.2—Early diversion group conferences 755

862 Early diversion group conferences 755

Part 21.3—Criminal proceedings 756

863 Criminal proceedings and imposition of sentence 756

Part 21.4—Sentencing 757

864 Deferrals of sentence 757

865 Maximum period of a youth justice custodial order—offences relating to remand centres, youth justice centres and youth residential centres 757

Part 21.5—Youth justice services 760

866 Transitional provision—youth justice custodial centres 760

867 Transitional provision—youth justice community service centres 760

868 Transitional provision—services 761

869 References to remand centres, youth residential centres, youth justice centres and youth justice units 761

870 References to remand centres, youth residential centres and youth justice centres in Children, Youth and Families Act 2005 and other Acts before the commencement of this Act 762

Part 21.6—Sentences imposed under the Children, Youth and Families Act 2005 764

Division 1—General 764

871 Definitions 764

872 Children, Youth and Families Act orders to continue in accordance with Part 5.3 of the Children, Youth and Families Act 2005 766

873 Revocation of Children, Youth and Families Act order and making of order under this Act 766

874 Application made or breach proceeding commenced but matter not heard and determined 767

Division 2—Accountable undertakings 768

875 CYFA accountable undertakings 768

Division 3—Good behaviour bonds 768

876 CYFA good behaviour bonds 768

Division 4—Probation orders 769

877 CYFA probation orders—re-offending during period of order 769

878 CYFA probation orders—revocation and imposition of sentence more severe in the hierarchy 769

879 CYFA probation orders—special conditions 770

Division 5—Youth supervision orders 773

880 CYFA youth supervision orders—re-offending during period of order 773

881 CYFA youth supervision orders—special conditions 773

882 CYFA youth supervision orders—judicial monitoring 776

Division 6—Youth attendance orders 777

883 CYFA youth attendance orders—special conditions 777

Division 7—Youth control orders 780

884 CYFA youth control orders—special conditions 780

885 CYFA youth control orders—revocation 781

Division 8—Youth residential centre orders and youth justice centre orders 781

886 CYFA youth residential centre orders and CYFA youth justice centre orders to be treated as a youth justice custodial order for purposes of this Act 781

Part 21.7—Transitional provisions—Youth parole 782

887 Transitional provisions—Youth Parole Board and membership of the Board 782

888 Transitional provisions—decision-making by the Youth Parole Board 784

889 Transitional provisions—youth parole orders 784

890 Transitional provisions—cancellation of parole before commencement of section 627 786

891 Transitional provisions—youth parole officers 788

892 Transitional provisions—incident reporting, annual reports and eligibility for inclusion on the Youth Justice Victims Register 788

Part 21.8—Transfers under Chapter 13 789

893 Time spent in a youth residential centre and youth justice centre 789

894 Application for transfer direction made but not yet determined on the commencement of Chapter 13 789

Part 21.9—Other transitional provisions 790

895 Infringement penalties registered under Schedule 3 to the Children, Youth and Families Act 2005 to be dealt with under CAYPINS procedure 790

896 Application for approval to make change of name application or acknowledgement of sex application made but not yet determined on the commencement of Part 10.6 790

897 Transitional provision—Commissioner for Youth Justice 790

898 Transitional provision—appeals 791

Chapter 22—Bail amendments 792

Part 22.1—Amendment of Bail Act 1977 792

Division 1—Trial of electronic monitoring of children on bail in certain circumstances 792

899 Definitions 792

900 Surrounding circumstances 792

901 All offences—unacceptable risk test 792

902 Conduct conditions 793

903 New Part 2A inserted 793

Division 2—Scheduled offences, unacceptable risk and conduct conditions 808

903A All offences—unacceptable risk test 808

903B Conduct conditions 808

903C New section 30A inserted 808

Division 3—Examples, revocation and review 809

903D All offences—unacceptable risk test 809

903E All offences—unacceptable risk test 809

903F Application for revocation of bail 810

903G Section 32C amended 810

Division 4—Transitional provisions and technical amendments 811

904 Transitional provisions 811

905 Statute law revision 811

906 References to conditions of bail and bail undertakings 811

Part 22.2—Consequential amendments to Surveillance Devices Act 1999 813

907 Regulation of installation, use and maintenance of tracking devices 813

Part 22.3—Repeal of this Chapter 814

908 Repeal of this Chapter 814

Chapter 23—Amendment of other Acts 815

Part 23.1—Amendment of Appeal Costs Act 1998 815

909 Application for indemnity certificate by respondent if the Crown or DPP appeals 815

Part 23.2—Amendment of Bail Act 1977 816

910 Definitions 816

911 Section 3C substituted 816

912 Power to return accused to youth justice custodial centre 817

913 Power of bail justice to grant or refuse bail 818

913A Offence to commit Schedule 1 offence or Schedule 2 offence while on bail 818

914 Transitional provisions 819

Part 23.3—Amendment of Births, Deaths and Marriages Registration Act 1996 821

915 Definitions 821

Part 23.4—Amendment of Child Wellbeing and Safety Act 2005 822

916 Schedule 7—Specified provisions 822

Part 23.5—Amendment of Children, Youth and Families Act 2005 823

Division 1—Repeals 823

917 Purposes 823

918 Definitions 823

919 Sections 3A and 3B repealed 824

920 Delegation 824

921 Parts of Chapter 5 repealed 824

922 Part 6.2 repealed 824

923 Section 522A repealed 824

924 Sections 543 and 544 repealed 824

925 Reports to which Part applies 824

926 Divisions 6 and 7 of Part 7.8 repealed 825

927 Part 7.9 repealed 825

928 Sections 585 and 586 repealed 825

929 Supreme Court—limitation of jurisdiction 825

930 Regulations 825

931 Schedule 2 and Schedule 3 repealed 825

Division 2—Consequential amendments 825

932 Definitions 825

933 Role of recognition principles 827

934 Decision makers to have regard to principles 827

935 Role of principles 827

936 Disclosure of information for administrative purposes 828

937 Report by Secretary 828

938 Who is a mandatory reporter? 828

939 Referral to Therapeutic Treatment Board for advice 829

940 Appeals to be heard in open court 829

941 President 829

942 Annual report 829

943 Jurisdiction of Criminal Division 830

944 Joint committal proceedings 830

945 Koori Court (Criminal Division) 830

946 Jurisdiction of Koori Court (Criminal Division) 830

947 Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court 831

948 Circumstances in which Koori Court (Criminal Division) may deal with certain offences 831

949 Sentencing procedure in Koori Court (Criminal Division) 831

950 Neighbourhood Justice Division 831

951 Jurisdiction of Neighbourhood Justice Division 831

952 Transfer of proceedings 832

953 Sentencing procedure in Neighbourhood Justice Division 832

954 Application of Act to other Courts 832

955 Procedural guidelines to be followed by Court 832

956 Proceedings to be heard in open court 833

957 Legal representation 833

958 Proceedings in which child is required to be legally represented 834

959 Interpreter 834

960 Explanation of and reasons for orders 834

961 Court to have powers of Magistrates' Court 835

962 Recall and cancellation of warrant 835

963 Power to adjourn proceeding 835

964 Restriction on publication of proceedings 836

965 Certain publications exempted from the restriction on publication of proceedings 836

966 Certain publications exempted if publication is in relation to sentencing of an adult 836

967 Principal registrar, registrars and deputy registrars 836

968 Appointment of Aboriginal elders or respected persons 837

969 Court register 837

970 Process 837

971 Powers of registrar 837

972 Assignment of duties 837

973 Performance of duties by judicial registrar 838

974 Children's Court Clinic 838

975 Disputed report 838

976 Confidentiality of reports 838

977 Rules 839

978 Rules of court 839

979 Rules of court—Koori Court (Criminal Division) 839

980 Practice notes 839

981 Service of documents 840

982 Service on parent or child or other person 840

983 Proof of service 840

984 Person may cause document to be served 840

985 Powers of Secretary in relation to medical services and operations 840

986 Regulations 841

987 New section 636 inserted 841

Part 23.6—Amendment of Civil Procedure Act 2010 843

988 Application of this Act 843

Part 23.7—Amendment of Commission for Children and Young People Act 2012 844

989 Definitions 844

990 Vulnerable children and young persons 845

991 Commission may conduct inquiry concerning provision of services 846

992 Disclosure of information by Secretary 846

993 New section 60B inserted 846

994 New section 74 inserted 847

Part 23.8—Amendment of Control of Weapons Act 1990 848

995 Forfeiture of controlled weapons if infringement notice served 848

Part 23.9—Amendment of Coroners Act 2008 849

996 Definitions and reportable death 849

Part 23.10—Amendment of Corrections Act 1986 850

997 Sections 6D and 6E amended 850

998 Sections 9AA and 9A amended 850

999 Use of reasonable force by staff—police gaols 851

1000 Legal custody of prisoners and detainees transferred to institutions and designated mental health services 851

1001 Functions of Board 851

1002 Young offenders—sentence and non-parole period 851

1003 Power to restrain detained persons 852

1004 Search powers 852

1005 Sections 104DA and 104DB amended 852

1006 Use of reasonable force by police custody officers 853

1007 General power to authorise transfers of detained persons 853

1008 Definitions 853

Part 23.11—Amendment of County Court Act 1958 854

1009 Power to complete matters—judges and reserve judges 854

Part 23.12—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 855

1010 Definitions 855

1011 Court may make orders pending investigation into fitness 855

1012 Definitions 855

1013 Procedure at special hearings 856

1014 Warrant to arrest child breaching non-custodial supervision order who leaves Victoria 856

1015 Contents of report 856

1016 Victim impact statements 856

1017 Certificate of available services 857

Part 23.13—Amendment of Crimes Act 1958 858

1018 Causing serious injury intentionally 858

1019 Causing serious injury recklessly 858

1020 Causing injury intentionally or recklessly 858

1020A Assaults 858

1021 Intimidation of a law enforcement officer or a family member of a law enforcement officer 858

1022 Care, supervision or authority 858

1023 Powers of police officer or protective services officer to apprehend offenders 859

1024 Definitions 859

1025 Fingerprinting of adults and children aged 15 or above 860

1026 Fingerprinting of children aged 14 or under 860

1027 Children's Court may order fingerprinting 861

1028 Destruction of records 861

1029 Informed consent 863

1030 Informed consent—DNA person and their parent or guardian 863

1031 Forensic procedure following the commission of forensic sample offence 864

1032 Warrants issued for forensic procedures under section 464ZF or 464ZFAAA 864

1033 Destruction of identifying information 864

1034 Safeguards after giving sample 867

1035 Young person sentenced to life imprisonment 869

1036 Sentences of imprisonment etc. to be carried out according to law relating to prisons 869

1037 Amendment of definitions 869

Part 23.14—Amendment of Criminal Procedure Act 2009 870

1038 Definitions 870

1039 Time limits for filing a charge-sheet 871

1040 Court may issue summons or warrant to arrest 871

1041 Police or public official may issue summons 871

1042 Procedure before and on committing accused for trial 872

1043 Court may transfer certain charges to Magistrates' Court or Children's Court 872

1044 Charges returned to Children's Court 872

1045 Release from custody on discontinuance of prosecution 872

1046 Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court 873

1047 Power to adjourn proceeding 873

1048 Power to return accused to youth justice custodial centre 873

1048A New section 465 inserted 874

Part 23.15—Amendment of Drugs, Poisons and Controlled Substances Act 1981 876

1049 Adjourned bonds to be given in certain cases 876

1050 Retention and return of seized items 876

Part 23.16—Amendment of EastLink Project Act 2004 877

1051 Enforcement of infringement penalty 877

1052 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone 877

Part 23.17—Amendment of Education and Training Reform Act 2006 879

1053 Definitions 879

Part 23.18—Amendment of Evidence (Miscellaneous Provisions) Act 1958 880

1054 Definitions 880

Part 23.19—Amendment of Family Violence Protection Act 2008 882

1055 Schedule 1—Specified provisions 882

Part 23.20—Amendment of Fines Reform Act 2014 883

1056 Definitions 883

1057 Application for work and development permit 884

1058 Work and development permit may extend period for commencing proceeding for offence 884

1059 Part does not apply to children 884

1060 Person may apply for payment arrangement 884

1061 Payment arrangement may extend period for commencing a proceeding for offence 885

Part 23.21—Amendment of Graffiti Prevention Act 2007 886

1062 Forfeiture of graffiti implements 886

1063 Return of seized items when no proceedings brought etc. 886

Part 23.22—Amendment of Independent Broad-based Anti-corruption Commission Act 2011 887

1064 Definitions 887

Part 23.23—Amendment of Infringements Act 2006 888

1065 Definitions 888

1066 Infringement offences to which this Act applies 888

1067 Forms of infringement notice 888

1068 Late payment 889

1069 Person may elect to have matter heard in Court or Children's Court 889

1070 Enforcement agency can refer matter to Court or Children's Court 889

1071 Withdrawal of infringement notice 890

1072 Application for internal review 890

1073 Decision to go to Court 890

1074 Extension of time for commencement of proceedings if work and development permit cancelled 890

1075 Payment plans available in certain circumstances 891

1076 Payment plans may extend period for commencing proceedings for offence 891

Part 23.24—Amendment of Judicial Commission of Victoria Act 2016 892

1077 Definitions 892

Part 23.25—Amendment of Jury Directions Act 2015 893

1078 Application of Act to criminal proceedings without juries 893

1079 Jury Directions and Other Acts Amendment Act 2017 893

1080 Victims and Other Legislation Amendment Act 2018 893

1081 Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 894

1082 Justice Legislation Amendment Act 2023 894

Part 23.26—Amendment of Magistrates' Court Act 1989 895

1083 Definitions 895

1084 Updated references to Department and Secretary 895

1085 Power to complete matters—magistrates and reserve magistrates 896

1086 Rules of Court 896

1087 Extent of jurisdiction 896

1088 Warrants 896

1089 Recall and cancellation of warrant 897

1090 Duplicate warrants 897

1091 Effect of defect or error in certain warrants 897

1092 Provisions extend to detention in youth justice centre 897

1093 Directions in, and authority of, remand warrant 897

1094 New clause 59A of Schedule 8 inserted 898

Part 23.27—Amendment of Major Crime (Investigative Powers) Act 2004 899

1095 Definitions 899

Part 23.28—Amendment of Melbourne City Link Act 1995 900

1096 Application of Infringements Act 2006 or Fines Reform Act 2014 procedure 900

1097 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone 900

Part 23.29—Amendment of Mental Health and Wellbeing Act 2022 902

1098 Definitions 902

1099 Effect of detention in custody on certain orders 902

1100 Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances 903

1101 Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances 903

1102 Powers of entry 903

1103 Powers of entry to the premises of a mental health and wellbeing service provider 904

1104 Construction of references 904

Part 23.30—Amendment of Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act 2022 905

1105 Meaning of place of detention 905

Part 23.31—Amendment of North East Link Act 2020 906

1106 Definitions 906

1107 Section 88 amended 906

1108 Granting extension of time 907

Part 23.32—Amendment of Prisoners (Interstate Transfer) Act 1983 908

1109 Definitions 908

Part 23.33—Amendment of Privacy and Data Protection Act 2014 909

1110 Definitions 909

Part 23.34—Amendment of Public Health and Wellbeing Act 2008 910

1111 Application to be made before certain enforcement related events 910

Part 23.35—Amendment of Road Safety Act 1986 911

1112 Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court 911

1113 Extension of time if no actual notice for certain traffic infringements 911

1114 When order takes effect 912

1115 Traffic infringements 912

1116 Extension of time to object if no actual notice 912

1117 Extension of time to lodge statement under section 84BE 913

1118 Application and modification of Schedule 3 to the Children, Youth and Families Act 2005 914

Part 23.36—Amendment of Sentencing Act 1991 915

1119 Definitions 915

1120 Definitions for purposes of this Part 915

1121 Sentences 916

1122 Court may order pre-sentence report 916

1123 Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty 916

1124 Sentences—whether concurrent or cumulative 917

1125 Commencement of sentences 917

1126 Service in a secure custody facility 917

1127 Heading to Subdivision (4) of Division 2 of Part 3 amended 917

1128 Youth justice custodial orders 918

1129 New section 32AA inserted 920

1130 Sentences to be concurrent unless otherwise directed 921

1131 Commencement of sentences 922

1132 Court may reopen proceeding to correct penalties imposed contrary to law 922

1133 Release by Governor in exercise of royal prerogative of mercy 922

1134 New section 171A inserted 922

Part 23.37—Amendment of Sex Offenders Registration Act 2004 924

1135 Definitions 924

1136 Sex offender registration order 924

1137 Definitions 925

1138 New section 73L inserted 925

Part 23.38—Amendment of Social Services Regulation Act 2021 927

1139 Definitions 927

Part 23.39—Amendment of Spent Convictions Act 2021 928

1140 Definitions 928

1141 Meaning of custodial term 928

1142 How length of custodial term to be determined 929

1143 Restriction on use of spent childhood conviction for law enforcement function 929

1144 Restriction on use of spent childhood conviction in civil or criminal proceeding 929

Part 23.39A—Amendment of Summary Offences Act 1966 930

1144A Assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty 930

Part 23.40—Amendment of Sustainable Forests (Timber) Act 2004 931

1145 Retention and return or forfeiture of certain seized items 931

Part 23.41—Amendment of Terrorism (Community Protection) Act 2003 932

1146 Definitions 932

1147 Nature of police detention decisions in relation to children—detention in youth justice custodial centres 932

1148 Recording of police detention decision 932

1149 Detention of children in a youth justice custodial centre 932

1150 Application of Youth Justice Act 2024 to children detained under this Part 933

1151 Transfer of detained child into legal custody of Chief Commissioner for questioning 935

1152 Return of child to youth justice custodial centre at end of questioning 935

1153 Restrictions on contact with other people 936

1154 Use of identification material 936

1155 Representations to a nominated senior police officer 936

1156 Parents or guardians prohibited from disclosing certain information 936

1157 Preventative detention orders 936

1158 Nature of preventative detention order 937

1159 Extension of preventative detention order 937

1160 Application by detainee for revocation or variation of preventative detention order or prohibited contact order 937

1161 Application by police for revocation or variation of preventative detention order or prohibited contact order 937

1162 Arrangement for detainee to be held in youth justice custodial centre 938

1163 Transfer of detained person into legal custody of Chief Commissioner for questioning 940

1164 Return of person to place of detention at end of questioning 941

1165 Restriction on contact with other people 941

1166 Disclosure offences 941

1167 Use of identification material 941

Part 23.42—Amendment of Victoria Police Act 2013 942

1168 Considerations to be taken into account in authorising the giving of agency photographs 942

Part 23.43—Amendment of Victorian Inspectorate Act 2011 943

1169 Definitions 943

Part 23.44—Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 944

1170 Definitions 944

1171 Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure 944

1172 Granting extension of time 945

Part 23.45—Amendment of Worker Screening Act 2020 946

1173 Pending charges 946

1174 Child-related work 946

Part 23.46—Amendment of Youth Justice Act 2024 947

1175 Meaning of child 947

Part 23.47—Repeal of this Chapter 949

1176 Repeal of this Chapter 949

Schedule 1—Interstate transfers of young offenders 950

═════════════

Endnotes 964

1 General information 964

2 Table of Amendments 967

3 Explanatory details 968

Version No. 008

Youth Justice Act 2024

No. 32 of 2024

Version incorporating amendments as at

The Parliament of Victoria enacts:

Chapter 1—Preliminary

Part 1.1—Introductory provisions

1 Purposes

(1) The main purposes of this Act are—

(a) to raise the minimum age of criminal responsibility from 10 years of age to 12 years of age; and

(b) to provide for police powers in relation to children under the minimum age of criminal responsibility who are 10 or 11 years of age; and

(c) to provide for the procedures and other matters relevant to the Criminal Division of the Children's Court as the specialist division dealing with criminal matters relating to children; and

(d) to ensure robust oversight and accountability of the youth justice system to—

(i) promote community safety; and

(ii) prevent and reduce offending by children and young persons; and

(iii) support the rehabilitation and positive development of children and young persons involved in the youth justice system; and

(iv) provide victims with appropriate opportunities to participate in the youth justice process; and

(v) protect the rights of children and young persons involved in the youth justice system; and

(e) to establish a scheme that provides alternative processes to a court proceeding for dealing with children who are alleged to have committed offences, including the use of—

(i) youth warnings and youth cautions; and

(ii) early diversion group conferences; and

(iii) court ordered diversion from criminal proceedings; and

(f) to make provision in relation to—

(i) children who have been charged with offences; and

(ii) children and young persons who have been found guilty of, offences.

(2) The other purposes of this Act are—

(a) to repeal certain provisions from the Children, Youth and Families Act 2005 and reform and re-enact those provisions in this Act; and

(b) to amend the Bail Act 1977, including by providing for the trial of a scheme under which, in certain circumstances, certain courts may grant bail to a child subject to conditions that provide for electronic monitoring of the child; and

(d) to make consequential amendments to other Acts.

Commencement

2 Commencement

(1AA) The following provisions come into operation on the day after the day on which this Act receives the Royal Assent—

(a) this section; and

(b) Division 3 of Part 22.1; and

(1) Subject to subsections (1A), (2) and (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(1A) If Division 2 of Part 22.1 does not come into operation before 2 December 2024, it comes into operation on that day.

(2) If the remaining provisions of this Chapter (other than Part 1.3), Chapter 3, Chapter 19, Chapter 20, the remaining provisions of Chapter 22 and section 766 (other than subsection (2)) do not come into operation before 30 September 2025, those provisions come into operation on that day.

(3) If a remaining provision of this Act does not come into operation before 30 September 2026, it comes into operation on that day.

Definitions

3 Definitions

(1) In this Act—

Aboriginal-led early diversion group conference means an early diversion group conference that is conducted in accordance with the Aboriginal-led early diversion group conference model developed under Part 4.5;

Aboriginal person means a person who—

(a) is descended from an Aboriginal person or Torres Strait Islander; and

(b) identifies as an Aboriginal person or Torres Strait Islander; and

Aboriginal youth justice agency functions and powers means the functions and powers conferred on the Secretary by or under this Act that are prescribed for the purposes of section 59;

acknowledgement of sex application means an application under—

(a) section 30A, 30B, 30E or 30EA of the Births, Deaths and Marriages Registration Act 1996; or

(b) a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;

additional parole conditions means the additional parole conditions set out in section 633(2);

Adult Parole Board means the Adult Parole Board established by section 61 of the Corrections Act 1986;

age means, in the absence of positive evidence as to age, apparent age;

appeal, in Chapter 8, includes an application for leave to appeal;

appeal period, in Chapter 8, means—

(a) the period permitted by or under this Act or any other Act for commencing an appeal under that Chapter; or

(b) if a notice of appeal or notice of application for leave to appeal under that Chapter is filed within that period, the determination of the appeal;

appellant, in Chapter 8, includes an applicant for leave to appeal;

appellate court, in Chapter 8, means the County Court or the Supreme Court (whether the Trial Division or the Court of Appeal), as the case requires;

appropriate enforcement officer, in relation to an infringement notice or an infringement penalty, means—

(a) the enforcement agency; or

(b) a person appointed by the enforcement agency as an appropriate officer for the purposes of the notice or the class of notice; or

approved dog means a dog approved in accordance with the regulations for use by a youth justice custodial officer;

approved service provider means a person or body approved to provide services under section 757;

authorised youth justice community worker means a youth justice community worker authorised under Division 4 of Part 12.2;

BDM Registrar means—

(a) the Victorian BDM Registrar; or

(b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;

Category A serious youth offence means any of the following offences—

(a) murder;

(b) attempted murder;

(d) child homicide;

(e) homicide by firearm;

(f) an offence against any of the following sections of the Crimes Act 1958—

(i) section 15A (intentionally causing serious injury in circumstances of gross violence);

(ii) section 77B (aggravated home invasion);

(iii) section 79A (aggravated carjacking);

(iv) section 197A (arson causing death);

(v) section 318 (culpable driving causing death);

(g) an offence against any of the following—

(i) section 4B of the Terrorism (Community Protection) Act 2003;

(ii) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth;

(iii) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;

(iv) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

Category B serious youth offence means an offence against any of the following sections of the Crimes Act 1958—

(a) section 15B (recklessly causing serious injury in circumstances of gross violence);

(b) section 38 (rape);

(d) section 77A (home invasion);

(e) section 79 (carjacking);

cautioning police officer, in relation to the giving of a youth caution to a child, means a police officer who is—

(a) of or above the rank of sergeant; or

(b) authorised to give a youth caution to a child by a police officer of or above the rank of sergeant;

CAYPINS cancellation order means—

(a) an order made by the registrar of the Children's Court under section 733(3)(g) or (h); or

(b) an order of the Children's Court under section 735(7)(d);

CAYPINS enforcement order means—

(a) an order made by the registrar of the Children's Court under section 733(3)(d), (e) or (f); or

(b) an order of the Children's Court made under section 735(7)(a) or (b);

CAYPINS procedure means the procedure set out in Chapter 17;

CAYPINS time to pay order means—

(a) an order made by the registrar of the Children's Court under section 732; or

(b) an order of the Children's Court made under section 735(7)(c);

change of name application means an application under—

(a) section 25 or 26 of the Births, Deaths and Marriages Registration Act 1996; or

(b) a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

Chief Health Officer has the same meaning as in the Public Health and Wellbeing Act 2008;

child has the meaning given by section 4;

child safety and wellbeing plan means a case plan within the meaning of the Children, Youth and Families Act 2005;

Commission for Children and Young People means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

Commissioner for Youth Justice means the person employed under section 35;

community service order means an order referred to in section 263;

confidential information, in Chapter 15, means any of the following—

(a) health information;

(b) personal information;

contravene, in relation to a condition or a provision of an order or a sentence, includes a failure to comply with that condition or provision;

contravention report means a report referred to in section 428;

convenor, in relation to a group conference, means a person contracted or employed to convene the group conference;

conviction, in Chapter 8, includes a finding of guilt by the Children's Court, whether or not a conviction is recorded;

core condition means—

(a) in relation to a good behaviour order, the condition set out in section 247(1); or

(b) in relation to a community service order, the condition set out in section 265(1); or

(d) in relation to a youth supervision and support order, any condition set out in section 276(1); or

(e) in relation to a youth control order, any condition set out in section 283(1);

court liaison officer means a court liaison officer appointed under section 545 of the Children, Youth and Families Act 2005;

court official means—

(a) the principal registrar of the Children's Court; or

(b) a registrar or deputy registrar of the Children's Court; or

(d) a judicial registrar; or

(e) any person employed in any of the offices of the Children's Court;

court register means the register kept under section 537 of the Children, Youth and Families Act 2005;

criminal act of violence means any of the following—

(a) an offence that is a Category A serious youth offence;

(b) an offence that is a Category B serious youth offence;

(c) an offence that involves an assault on, or injury or a threat of injury to, a person which is punishable by imprisonment;

(d) a serious sex offence within the meaning of the Serious Offenders Act 2018;

(e) an offence against section 21A(1) of the Crimes Act 1958 (stalking);

(f) an offence against section 63 of the Crimes Act 1958 (child stealing);

(g) an offence against section 63A of the Crimes Act 1958 (kidnapping);

(h) an offence against section 77 of the Crimes Act 1958 (aggravated burglary);

(i) an offence against section 319(1) of the Crimes Act 1958 (dangerous driving causing death or serious injury);

(j) an offence against section 61(3) of the Road Safety Act 1986 (failing to stop and render assistance after a motor vehicle accident causing death or serious injury);

(k) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (j);

(l) an offence against the law of another Australian jurisdiction which substantially corresponds to an offence referred to in paragraphs (a) to (k);

Criminal Division means the Criminal Division of the Children's Court established under section 504(3)(b) of the Children, Youth and Families Act 2005 and, unless the context otherwise requires, includes—

(a) the Koori Court (Criminal Division). and

(b) the Neighbourhood Justice Division;

cultural support plan means a plan developed under section 750;

custodial right means a right set out in Division 1 of Part 10.2;

custodial rule means a rule made by the Commissioner for Youth Justice under section 458;

dentist means—

(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law—

(i) to practise in the dental profession (other than as a student); and

(ii) in the dentists division of that profession; or

(b) a person entitled to practise dentistry in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;

Department means the Department of Justice and Community Safety;

S. 3(1) def. of designated offence inserted by No. 54/2025 s. 18.

designated offence has the same meaning as in section 516 of the Children, Youth and Families Act 2005;

developmental condition has the meaning given by section 296;

DFFH Secretary means the Secretary to the Department of Families, Fairness and Housing;

disability includes an impairment referred to in section 6(a);

domestic partner of a person means—

(a) a person who is in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

See subsection (2) in relation to the meaning of registered domestic relationship.

DPP has the same meaning as in the Criminal Procedure Act 2009;

early diversion group conference means a conference convened in accordance with Part 4.4 for a child who is alleged to have committed an offence;

early diversion group conference order means an order made by the Children's Court under section 161 that a child participate in an early diversion group conference;

early diversion outcome plan means an outcome plan developed in an early diversion group conference;

enforcement agency, in relation to an infringement notice or an infringement penalty, means—

(a) a person or body authorised by or under an Act to commence a proceeding for the offence for which the notice was issued; or

(b) a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if commencing a proceeding referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or

(d) a prescribed administrative unit; or

(e) a prescribed group of persons;

extension of time application means an application under section 150 for an extension of the period within which a proceeding against a child for a summary offence may be commenced;

family violence has the same meaning as in the Family Violence Protection Act 2008;

fine includes any penalty, forfeiture, sum of money and costs ordered to be paid by the person fined and, in Chapter 7—

(a) means a fine imposed under section 249(1); and

(b) includes costs but does not include a sum of money payable by way of restitution or compensation;

full brief has the same meaning as in the Criminal Procedure Act 2009;

gender identity has the same meaning as in the Equal Opportunity Act 2010;

good behaviour order means an order referred to in section 245(1);

group conference means any of the following—

(a) an early diversion group conference;

This includes an Aboriginal-led early diversion group conference.

(b) a pre-sentence group conference;

group conference outcome plan means an outcome plan included in a group conference report;

guiding custodial principle means a guiding principle set out in Part 10.1;

guiding youth justice principle means a guiding principle set out in sections 18 to 22 and 24;

health information has the same meaning as in the Health Records Act 2001;

health practitioner means any of the following—

(a) medical practitioner;

(b) dentist;

(d) registered nurse;

hearing date, in relation to a proceeding, means the date on which the proceeding is listed for hearing;

hierarchy of options means the hierarchy of options set out in section 92(1) that a police officer may consider in respect of alleged offending by a child;

high risk panel means the panel established under section 693;

information holder means a person referred to in section 703;

infringement notice has the same meaning as in the Infringements Act 2006;

infringement offence has the same meaning as in the Infringements Act 2006;

infringement penalty has the same meaning as in the Infringements Act 2006;

instalment order means an order that a fine be paid by 2 or more instalments;

intellectual disability has the same meaning as in the Disability Act 2006;

interpreter means—

(a) an interpreter accredited with the National Accreditation Authority for Translators and Interpreters Limited A.C.N. 008 596 996; or

(b) a competent interpreter;

isolation, in relation to a child or young person held in custody in a youth justice custodial centre, has the meaning given in section 478;

Isolations Register means the Isolations Register kept under section 524;

judicial monitoring report means a report referred to in section 432;

judicial registrar means a judicial registrar of the Children's Court appointed under Part 7.6A of the Children, Youth and Families Act 2005;

Koori Court (Criminal Division) means the Koori Court (Criminal Division) of the Children's Court established under section 504(3)(c) of the Children, Youth and Families Act 2005;

legal practitioner means an Australian legal practitioner;

legal representation means representation by a legal practitioner;

magistrate means a magistrate for the Children's Court and includes—

(a) a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to be a magistrate of the Children's Court under section 507 of the Children, Youth and Families Act 2005; and

(b) a person who was formerly the President who is acting under section 12H of the County Court Act 1958;

MAP eligible child or young person has the meaning given in section 689;

medical expert means a medical practitioner, dentist or psychologist;

medical matters includes dental matters and psychological matters;

medical practitioner means—

(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or

(b) a person entitled to practise medicine in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;

medical treatment has the same meaning as in the Medical Treatment Planning and Decisions Act 2016;

mental illness has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022;

multi-agency panel means a panel established under section 685;

Neighbourhood Justice Division means the Neighbourhood Justice Division of the Children's Court established under section 504(3)(d) of the Children, Youth and Families Act 2005;

notice to attend means a notice served under section 607(1)(b), (c) or (d) requiring a person to attend a meeting of the Youth Parole Board;

notice to produce means a notice served under section 607(1)(a) requiring a person to produce a specified document or other thing to the Youth Parole Board;

offence involving an assault means an offence against any of the following sections of the Crimes Act 1958—

(a) section 15A (intentionally causing serious injury in circumstances of gross violence);

(b) section 15B (recklessly causing serious injury in circumstances of gross violence);

(d) section 17 (recklessly causing serious injury);

(e) section 18 (intentionally or recklessly causing injury);

offence involving property damage means—

(a) an offence against section 197 of the Crimes Act 1958 (criminal damage); or

(b) an offence against section 9(1)(c) of the Summary Offences Act 1966 (wilful damage);

officer in charge, in relation to a police gaol, has the same meaning as in section 104A of the Corrections Act 1986;

official duty, in Chapter 15, means an official duty referred to in section 701;

official person, in Chapter 15, means a person referred to in section 702;

Ombudsman means the person appointed as the Ombudsman under section 3 of the Ombudsman Act 1973;

out of home care has the same meaning as in the Children, Youth and Families Act 2005;

oversight entity means—

(a) the Ombudsman; or

(b) the Commission for Children and Young People; or

panel member, in Chapter 15, means a member of a multi-agency panel or a high risk panel;

parent, in relation to a child, includes—

(a) the father and mother of the child; and

(b) the spouse of the father or mother of the child; and

(d) any person who has parental responsibility for the child including, unless the context otherwise requires, the DFFH Secretary; and

(e) a person whose name is entered as the parent of the child in the register of births in the Register maintained by the BDM Registrar under Part 7 of the Births, Deaths and Marriages Registration Act 1996; and

(f) a person who acknowledges that the person is the father of the child by an instrument of the kind described in section 8(2) of the Status of Children Act 1974; and

(g) a person who acknowledges that the person is the non-birth mother of the child by an instrument of the kind described in section 8(2A) of the Status of Children Act 1974; and

(h) a person in respect of whom a court has made a declaration or a finding or order that the person is the father, mother or parent of the child;

parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children;

parole period means the period from a person's release on parole until the end of the period of the person's sentence;

parole stage group conference means a conference convened under Part 12.3 for a child or young person who is serving a custodial sentence;

pat-down search means a search of a person or of things in the possession or under the control of a person, other than a search conducted by use of an electronic or mechanical device, including—

(a) a search of a person conducted by quickly running the hands over the person's outer clothing; and

(b) for the purposes of paragraph (a), requiring the person to remove—

(i) the person's overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and

(ii) anything else that is conveniently removed by the person;

payment arrangement has the same meaning as in the Fines Reform Act 2014;

payment plan has the same meaning as in the Infringements Act 2006;

penalty reminder notice has the same meaning as in the Infringements Act 2006;

penalty reminder notice fee has the same meaning as in the Infringements Act 2006;

performance standards, in relation to a registered Aboriginal youth justice agency, means the performance standards determined under section 47;

period, in relation to detention, includes the total of 2 or more periods, whether cumulative or concurrent;

permanent care order has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005;

permitted instrument of restraint means—

(a) handcuffs (including disposable handcuffs, flex cuffs or handcuff inserts); or

(b) closeting chains; or

(d) a prescribed instrument of restraint (other than a spit hood);

personal information has the same meaning as in the Privacy and Data Protection Act 2014;

police custody officer has the same meaning as in the Victoria Police Act 2013;

police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;

police gaol has the same meaning as in the Corrections Act 1986;

police gaol officer, in relation to a police gaol, means—

(a) a police officer; or

(b) a protective services officer; or

(d) a police custody officer supervisor; or

(e) any person authorised under section 9A(1A) of the Corrections Act 1986;

positive development means positive physical, social, emotional, intellectual, cultural and spiritual development;

preliminary brief has the same meaning as in the Criminal Procedure Act 2009;

pre-sentence group conference means a conference convened in accordance with Part 7.4 for a child who is found guilty of an offence;

pre-sentence group conference report means a report referred to—

(a) in Division 4 of Part 9.2;

(b) in relation to an appeal, in Part 8.4

pre-sentence outcome plan means an outcome plan developed in a pre-sentence group conference;

pre-sentence report means—

(a) a report ordered under section 413, 414 or 415; and

(b) in relation to an appeal, a report ordered under section 355, 356 or 357;

President means the President appointed under section 508 of the Children, Youth and Families Act 2005 and includes the Acting President appointed under section 509 of that Act;

previous pre-sentence report means—

(a) an earlier pre-sentence report referred to in section 414(2)(a) or 415(2)(a); and

(b) in relation to an appeal, an earlier pre‑sentence report referred to in section 356(2)(a) or 357(2)(a);

primary carer has the same meaning as in the Medical Treatment Planning and Decisions Act 2016;

principal officer, in relation to an Aboriginal youth justice agency, means the chief executive officer (by whatever name called) of the Aboriginal youth justice agency;

prison has the same meaning as in the Corrections Act 1986;

probation order means an order referred to in section 269(1);

proceeding, in relation to the Children's Court, means any matter in the Children's Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as registrar under Chapter 17;

process, in relation to the Children's Court, includes witness summons, charge-sheet, summons to answer to a charge, warrant to arrest, remand warrant, search warrant, warrant to seize property, warrant to imprison, warrant to detain in a youth justice custodial centre, warrant of delivery and any process by which a proceeding in the Children's Court is commenced;

progress report means a report prepared under section 433;

prohibited item means any article or thing which jeopardises or is likely to jeopardise the security of a youth justice custodial centre or the safety of persons in the centre, including—

(a) any firearm, offensive weapon or other article that is capable of being used as a weapon; or

(b) any form of drug other than a drug possessed by a person with the consent of the Commissioner for Youth Justice; or

(d) money; or

(e) any other prescribed article or thing;

proper venue has the same meaning as in the Children, Youth and Families Act 2005;

protection application means an application made to the Children's Court under the Children, Youth and Families Act 2005 for a finding that a child is in need of protection;

protection order has the same meaning as it has in the Children, Youth and Families Act 2005;

protective services officer has the same meaning as in the Victoria Police Act 2013;

psychologist means—

(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

(b) a person who is qualified or registered to practise psychology in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;

public entity has the same meaning as in the Public Administration Act 2004;

public service body has the same meaning as in the Public Administration Act 2004;

referring police officer, in relation to a referral to an early diversion group conference, means a police officer who is—

(a) of or above the rank of sergeant; or

(b) authorised to refer a child to an early diversion group conference by a police officer of or above the rank of sergeant;

registered Aboriginal youth justice agency means a body registered as an Aboriginal youth justice agency under Part 2.3;

registered amount means the amount registered by the registrar of the Children's Court under section 726 or, if that amount is reduced by an enforcement order, that reduced amount;

registered nurse means a person who is registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student) and is in the registered nurses division of that profession;

registrar of the Children's Court means principal registrar or registrar of the Children's Court;

registration document means the document referred to in section 725(1)(a);

registration certificate means the certificate referred to in section 725(1)(b);

relevant impairment has the meaning given by section 6;

relevant person, in Chapter 15, means—

(a) an official person; or

(b) an information holder;

remotely piloted aircraft includes the controls for the aircraft;

representative charge means a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the child;

representatives of the Aboriginal community on justice-related issues means the representatives prescribed under section 26;

reserve judge has the same meaning as in the County Court Act 1958;

reserve magistrate has the same meaning as in the Magistrates' Court Act 1989;

restorative condition has the meaning given by section 298;

restrictive condition has the meaning given by section 297;

return date, in relation to a proceeding in the Children's Court, means any date on which the proceeding is listed before the Children's Court;

rolled-up charge means a charge in an indictment that alleges that the child has committed more than one offence of the same type between specified dates;

screening search means a search of a person or of things in the possession or under the control of a person to detect the presence of unauthorised items, other than a search that may involve bodily contact, including—

(a) a search of a person conducted by passing or placing an electronic or mechanical device over, on or in close proximity to the person's outer clothing; and

(b) an examination (including an examination conducted by passing or placing an electronic or mechanical device over, on or in close proximity) of anything worn or carried by the person, including requiring the person to remove—

(i) the person's overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and

(ii) anything else that is conveniently removed by the person; and

Searches Register means the Searches Register kept under section 525;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

secretary of the Youth Parole Board means the person authorised under section 601 to perform the functions of the secretary of the Youth Parole Board;

Seizure Register means the Seizure Register kept under section 515;

sensitive information has the same meaning as in Schedule 1 to the Privacy and Data Protection Act 2014;

sentence includes—

(a) the recording of a conviction; and

(b) an order made under Chapter 7, other than—

(ii) an order granting bail made under section 259; and

(d) an order made under section 84S or 84T of the Road Safety Act 1986;

sentencing principle means a principle set out in Part 7.1;

sex characteristics has the same meaning as in the Equal Opportunity Act 2010;

sexual orientation has the same meaning as in the Equal Opportunity Act 2010;

special condition means any of the following—

(a) a developmental condition;

(b) a restrictive condition;

special parole condition means any condition imposed on a youth parole order under section 634;

specialist assessment report means a report under Division 2 of Part 9.2;

spouse of a person means a person to whom the person is married;

standard parole conditions means the standard parole conditions set out in section 632(1);

supplementary pre-sentence report means—

(a) a report ordered under section 416; and

(b) in relation to an appeal, a report ordered under section 358;

temporary leave permit means a permit issued under section 470;

terrorism or foreign incursion offence means an offence against—

(a) section 4B of the Terrorism (Community Protection) Act 2003; or

(b) a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003; or

(d) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or

(e) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

terrorism record has the meaning given in section 7;

terrorism-related order means—

(a) a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or

(b) a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(c) an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(d) a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(e) a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(f) an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003;

terrorism risk information has the meaning given in section 8;

terrorist act has the same meaning as in the Terrorism (Community Protection) Act 2003;

terrorist organisation has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;

therapeutic treatment order has the same meaning as it has in the Children, Youth and Families Act 2005;

time to pay order means an order under Division 5 of Part 7.7 that a child be allowed time to pay a fine;

transfer authority means—

(a) a transfer warrant; or

(b) an order under section 563(1); or

(d) a transfer under section 676(1) from a prison to a youth justice custodial centre; or

(e) a transfer order; or

(f) an order made by a court to detain or remand a child in a youth justice custodial centre;

transfer officer, in Chapter 11, means—

(a) police officer; or

(b) protective services officer; or

transfer order means an order under clause 7 of Schedule 1;

transfer warrant means a warrant under section 473;

unclothed search means a search of a person or of things in the possession or under the control of the person that may include—

(a) requiring the person to remove all of the person's clothes; and

(b) an examination of the person's body (but not of the person's body cavities) and of those clothes;

Use of Force Register means the Use of Force Register kept under section 523;

victim, in relation to an offence or an alleged offence, means a person who has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence or alleged offence;

victim impact statement means a statement referred to in section 212;

Victoria Police means the body established by section 6 of the Victoria Police Act 2013;

Victorian BDM Registrar means the person referred to in section 5 of the Births, Deaths and Marriages Registration Act 1996;

visitor, in relation to a youth justice custodial centre, means any person who enters, leaves or remains in a youth justice custodial centre but does not include—

(b) a youth justice custodial officer;

work and development permit has the same meaning as in the Fines Reform Act 2014;

working day means—

(a) in relation to a court, a day on which the offices of the court are open; and

(b) in any other case, a day other than—

(i) a Saturday or Sunday; and

(ii) a public holiday within the meaning of the Public Holidays Act 1993;

young person has the meaning given by section 5;

youth caution means a caution given under section 103;

youth control order means an order referred to in section 280(1);

youth justice community service centre means a youth justice community service centre established or approved under section 756;

youth justice community worker means any person employed or engaged by the Secretary with duties in relation to the case management and supervision of children and young persons who are the subject of criminal proceedings or who are subject to a youth parole order or other order made under this Act, but does not include a youth justice custodial officer;

youth justice custodial centre means a youth justice custodial centre established under section 755;

youth justice custodial officer means any person employed or engaged in a youth justice custodial centre with duties in relation to ensuring—

(a) the security or stability of the centre; or

(b) the safety and security of any child or young person held in custody in the centre—

and, unless the context otherwise requires, includes the Commissioner for Youth Justice;

youth justice custodial order means an order referred to in section 325(1);

youth justice custodial worker means a person who is on duty as—

(a) a youth justice custodial officer; or

(b) a youth justice community worker, if the person is employed or engaged by the Secretary in a youth justice custodial centre and that person's duties include duties in relation to children and young persons in the legal custody of the Secretary;

See also subsection (3) for when a youth justice custodial worker is on duty.

youth justice plan has the meaning given by section 288;

youth justice planning meeting has the meaning given by section 289;

youth justice planning meeting report means a report prepared—

(a) under section 291; or

(b) in relation to an appeal, under Division 4 of Part 8.4;

youth justice system means the collective of persons and bodies responsible for exercising statutory functions under this Act to—

(a) prevent and reduce offending by children and young persons; and

(b) support the positive development of children and young persons;

Youth Justice Victims Register means the register established under section 654;

Youth Parole Board means the Youth Parole Board referred to in section 592;

Youth Parole Board annual report means the annual report required under section 604;

youth parole order means an order under section 627;

youth supervision and support order means an order referred to in section 273(1);

youth warning means a warning given under section 95.

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3) For the purposes of the definition of youth justice custodial worker in subsection (1), a youth justice custodial worker is on duty at any time when the youth justice custodial worker is performing a function or exercising a power as a youth justice custodial worker.

Meaning of child

4 Meaning of *child*

(1) In this Act, child means a person who is under 18 years of age*.*

(2) Additionally, in this Act, child includes, in the case of a person who commits an offence or is alleged to have committed an offence, a person who—

(a) was under 18 years of age at the time of the commission or alleged commission of the offence; and

(b) is not excluded by subsection (3).

This includes a young offender within the meaning of the Sentencing Act 1991 who is under 18 years of age at the time of the commission of an offence.

(3) A person is excluded if the person is 19 years of age or over at the time of the commencement of the proceeding for the offence or alleged offence.

Meaning of young person

5 Meaning of *young person*

In this Act, a young person means a person 18 years of age or over (other than a person who is taken under section 4(2) to be a child) who is—

(a) sentenced to a term of detention in a youth justice custodial centre under the Sentencing Act 1991; or

A person who committed an offence when they were 19 years of age and sentenced as a young offender (within the meaning of the Sentencing Act 1991) to a term of detention in a youth justice custodial centre under Subdivision (4) of Division 2 of Part 3 of that Act.

(b) sentenced to a term of imprisonment under the Sentencing Act 1991 and is—

(i) the subject of a direction under Chapter 13 for transfer to a youth justice custodial centre; or

(ii) being considered under Chapter 13 for transfer to a youth justice custodial centre.

Until the parole period ends or a young person is otherwise discharged from the sentence of detention, a young person released on parole is regarded as being still under sentence and as not having served their period of detention—see section 635.

Meaning of relevant impairment

6 Meaning of *relevant* *impairment*

For the purposes of this Act, a child has a relevant impairment if—

(a) the child has any of the following impairments—

(i) an intellectual disability;

(ii) an acquired brain injury;

(iii) a neurodevelopmental disorder; and

1 Autism spectrum disorder.

2 Communication disorder.

3 Foetal alcohol spectrum disorder.

(b) the impairment has resulted in the child having substantially reduced functional capacity in relation to any of the following—

(i) communication;

(ii) social interaction;

(iii) learning;

(iv) self-care;

(v) self-management.

Meaning of terrorism record

7 Meaning of *terrorism record*

For the purposes of this Act, a person has a terrorism record if the person—

(a) has been convicted of a terrorism or foreign incursion offence; or

(b) is or has been subject to a terrorism-related order.

Meaning of terrorism risk information

8 Meaning of *terrorism risk information*

(1) For the purposes of this Act, terrorism risk information in respect of a person means—

(a) an assessment made by an entity specified in subsection (2) that there is a risk that the person will commit a terrorism or foreign incursion offence; and

(b) the information relied on in making that assessment.

(2) The specified entities are—

(a) the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth; and

(b) Victoria Police; and

(d) the Australian Security Intelligence Organisation; and

(e) the Department; and

(f) the police force or police service of another State or a Territory; and

(g) the Department of Home Affairs of the Commonwealth; and

(h) each prescribed entity.

(3) Without limiting subsection (1)(b), the information referred to in that provision may include—

(a) information regarding the person having expressed support for—

(b) information regarding the person having, or having had, an association with—

(i) another person or a group that has expressed support of the kind referred to in paragraph (a); or

(ii) another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(iii) a terrorist organisation.

References to sentencing child include sentencing on appeal

9 References to sentencing child include sentencing on appeal

In this Act, a reference to sentencing a child includes sentencing a child on appeal, unless the context otherwise requires.

Part 1

2—Criminal responsibility of children

Part 1.2—Criminal responsibility of children

Minimum age of criminal responsibility

10 Minimum age of criminal responsibility

It is conclusively presumed that a child who is under 12 years of age cannot commit an offence.

Presumption that child 12 or 13 years of age cannot commit an offence

11 Presumption that child 12 or 13 years of age cannot commit an offence

(1) It is presumed that a child who is 12 or 13 years of age cannot commit an offence.

(2) The presumption in subsection (1) is rebutted only if the prosecution proves beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong.

(3) Whether a child knew that their conduct was seriously wrong—

(a) is a question of fact; and

(b) cannot be inferred merely from the fact that the child engaged in the conduct which constituted the offence; and

(c) refers to the child's knowledge that it was seriously wrong in a moral sense to engage in the conduct that constitutes the physical element or elements of the offence.

(4) To avoid doubt—

(a) any presumption arising by or under the common law in relation to the criminal responsibility of a child continues to apply; and

(b) in the event of inconsistency between this section and a presumption referred to in paragraph (a), this section prevails to the extent of the inconsistency.

Matters to which police officer must have regard

12 Matters to which police officer must have regard

(1) Before deciding to commence a proceeding for an offence allegedly committed by a child at 12 or 13 years of age, a police officer must have regard to whether it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong having regard to section 11(3).

(2) For the purposes of subsection (1), as far as practicable, a police officer must consider the following—

(a) any information available to the police officer about the child's age, maturity and stage of development;

(b) any information available to the police officer about whether the child has a disability or a mental illness;

(c) any previous decision by a court or any person about whether the child could be held criminally responsible for any other conduct;

(d) any other matter relevant to the criminal responsibility of the child or the circumstances of the alleged offending.

(3) If a police officer decides to commence a proceeding for the alleged offence, the police officer must record—

(a) the reasons why it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong having regard to section 11(3); and

(b) any information, evidence or other matter referred to in subsection (2) that was considered by the police officer; and

(4) A record under subsection (3)—

(a) must be in the prescribed form; and

(b) must be filed in the court with the charge‑sheet at the commencement of the proceeding.

Review of charge against child who allegedly committed offence at 12 or 13 years of age

13 Review of charge against child who allegedly committed offence at 12 or 13 years of age

(1) If a summary proceeding is commenced in the Children's Court against a child for the alleged commission of an indictable offence at 12 or 13 years of age, the prosecutor must review the charge against the child in accordance with this section.

(2) Subsection (1) does not apply to a charge for an offence being prosecuted by the DPP.

(3) The prosecutor, having regard to the preliminary brief or the full brief for the charge (as the case requires), must consider whether it appears at the time of the review that there is—

(a) sufficient admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong having regard to section 11(3); and

(b) sufficient admissible evidence to prove beyond reasonable doubt each element of the alleged offence; and

(4) The prosecutor must complete the review as soon as possible after the date of commencement of the proceeding and, if practicable, not later than 21 working days after that date.

(5) If it appears to the prosecutor at the time of the review that the matters described in subsection (3) are not satisfied, the prosecutor, as soon as possible after the completion of the review, must consider whether it would be appropriate to withdraw the charge against the child for the alleged offence.

(6) To avoid doubt, if a summary proceeding is commenced against a child for the alleged commission of more than one offence, nothing in this section requires the prosecutor to—

(a) review a charge against the child for the alleged commission of an offence at 14 years of age or older; or

(b) consider the withdrawal of a charge against the child for the alleged commission of an offence at 12 or 13 years of age if it appears to the prosecutor that the matters described in subsection (3) are satisfied in respect of the charge.

Notice of completion of review of charge

14 Notice of completion of review of charge

On completing a review of a charge against a child in accordance with section 13, the prosecutor reviewing the charge must take reasonable steps to give the child or the child's legal representative written notice—

(a) that the prosecutor has completed the review; and

(b) whether the prosecutor is satisfied of the matters referred to in section 13(3).

Part 1.3—Guiding youth justice principles

Division 1—Operation and purpose of the guiding youth justice principles

15 Interaction of guiding youth justice principles with this Act

The guiding youth justice principles apply—

(a) subject to any express requirements in this Act or any other Act; or

(b) unless the context otherwise requires.

Purposes of guiding youth justice principles

16 Purposes of guiding youth justice principles

The purposes of the guiding youth justice principles are to—

(a) promote community safety; and

(b) minimise and reduce offending by children and young persons; and

Taking into account guiding youth justice principles

17 Taking into account guiding youth justice principles

(1) The Secretary, the DFFH Secretary, the Commissioner for Youth Justice, any court, the Youth Parole Board, Victoria Police or any person or other entity should take into account each guiding youth justice principle to the fullest extent possible when—

(a) exercising any power under this Act in respect of a child or young person; or

(b) performing any function under this Act in respect of a child or young person; or

(2) Despite subsection (1), a court is not to take into account the guiding youth justice principles in sentencing a child or young person.

(3) In the event of any inconsistency between the guiding youth justice principles and the guiding custodial principles, the guiding custodial principles take precedence to the extent of the inconsistency.

S. 17(4) amended by No. 41/2025 s. 3(Sch. 1 item 35.1).

(4) To ensure the guiding youth justice principles in section 24 are taken into account, the Secretary, the DFFH Secretary, the Commissioner for Youth Justice, a court, the Youth Parole Board, Victoria Police or any person or other entity must make inquiries to determine whether a child or young person is an Aboriginal person before—

(a) exercising any power under this Act in respect of the child or young person; or

(b) performing any function under this Act in respect of the child or young person; or

1 This Part applies in respect of a child held in custody in a youth justice custodial centre under Part 2AA or 2A of the Terrorism (Community Protection) Act 2003. However, in the event of any inconsistency between this Part and the provisions of Part 2AA of the Terrorism (Community Protection) Act 2003, the relevant provisions of that Act prevail—see section 13AS of the Terrorism (Community Protection) Act 2003.

2 In the event of any inconsistency between this Part and the provisions of Part 2A of the Terrorism (Community Protection) Act 2003 or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of that Act or the order (as the case requires) prevail—see section 13WA of the Terrorism (Community Protection) Act 2003.

Div 2

Guiding youth justice principles

Division 2—Guiding youth justice principles

Guiding youth justice principle—treatment of children and young persons

18 Guiding youth justice principle—treatment of children and young persons

(1) Children and young persons are to be treated differently to adults, in a way that recognises that they—

(a) are developmentally distinct from adults; and

(b) are dependent on parents, family and persons of significance in their lives, and the wider community, to provide them opportunities to realise their full potential; and

(d) have a unique capacity for rehabilitation and positive development when properly supported.

(2) Children and young persons are to be responded to as individuals and in a way that—

(a) addresses the underlying causes of the child's or young person's offending behaviour, having regard to the available evidence about what works to reduce offending; and

(b) promotes the child's or young person's human rights; and

(c) promotes the child's or young person's strengths, including acknowledging the child's or young person's developmental needs, characteristics, identity and capacity for positive change; and

(d) supports the child or young person to take responsibility for their actions, having regard to their capacity to do so, including by helping the child or young person recognise the impacts of their actions on victims and the community; and

(e) provides the child or young person with opportunities to participate in decision-making processes that affect them and ensures that those processes are accessible, comprehensible and culturally appropriate; and

(f) minimises stigma to the child or young person; and

(g) promotes and sustains the engagement of the child's or young person's parents, family and persons of significance in their lives, and the wider community, in the rehabilitation of the child or young person; and

(h) recognises the unique vulnerabilities and systemic and structural issues that disproportionately impact upon cohorts to which the child or young person belongs, including but not limited to children or young persons—

(i) with a disability; or

(ii) with a mental illness; or

(iii) from a culturally or linguistically diverse background; or

(iv) with a history of involvement with the child protection system; and

Section 24 sets out guiding principles that are specific to Aboriginal children and young persons.

(i) recognises that children or young persons may themselves be victims; and

(j) contributes to the most timely outcome for the child or young person that is appropriate in the circumstances.

Guiding youth justice principle—prevention, diversion and minimum intervention

19 Guiding youth justice principle—prevention, diversion and minimum intervention

Responses to offending and alleged offending by children and young persons are to emphasise prevention, diversion and minimum intervention by—

(a) ensuring that the child or young person is subject to the minimum intervention that is necessary and appropriate in the circumstances with any deprivation of liberty being a last resort and for the minimum period appropriate; and

(b) giving priority to diverting the child or young person away from the criminal justice system and supporting efforts at early intervention to address the causes of offending behaviour; and

(c) ensuring that a criminal proceeding is not commenced against the child or young person if there are other appropriate means of dealing with the child's behaviour or the young person's behaviour, unless the public interest requires otherwise.

Section 92(1) establishes the hierarchy of options for alleged offending behaviour by a child. The hierarchy requires a police officer to apply the least restrictive option that is appropriate in the circumstances.

Guiding youth justice principle—rights of victims and the importance of restoration

20 Guiding youth justice principle—rights of victims and the importance of restoration

The rights of victims and the importance of restoration are to be recognised by—

(a) providing opportunities for restoration of harm and restorative processes that allow the harm done by a child or young person to their victims, their families and their community to be acknowledged; and

(b) providing opportunities for victims to participate in such processes and for the harm done to them to be acknowledged.

Guiding youth justice principle—importance of parents and family

21 Guiding youth justice principle—importance of parents and family

(1) Parents, family and persons of significance in a child's life or a young person's life are to be recognised as having a shared responsibility to help the child or young person to rehabilitate, positively develop and not offend.

(2) Parents, family and persons of significance in a child's life or a young person's life are to be engaged to fulfil the responsibilities—

(a) of caring for and supporting the child or young person; and

(b) of helping the child or young person to rehabilitate, positively develop and not offend.

Guiding youth justice principle—promotion of partnership and collaboration with agencies and other entities

22 Guiding youth justice principle—promotion of partnership and collaboration with agencies and other entities

(1) Public service bodies, public entities, Victoria Police, non-government organisations and the community have a shared responsibility to—

(a) support children and young persons to rehabilitate, positively develop and not offend; and

(b) prevent children and young persons from having contact with the youth justice system; and

(2) Public service bodies, public entities, Victoria Police, non-government organisations and the community are to—

(a) work together in partnership in recognition of the shared responsibility referred to in subsection (1); and

(b) engage, collaborate and cooperate with each other to acquit this shared responsibility.

Div 3

Guiding youth justice principles and matters specific to Aboriginal children and young persons

Division 3—Guiding youth justice principles and matters specific to Aboriginal children and young persons

Statement of recognition in respect of Aboriginal children and young persons

23 Statement of recognition in respect of Aboriginal children and young persons

(1) In Victoria, Aboriginal children and young persons are over-represented in the youth justice system, particularly in custody.

(2) Inequality, and structural and institutional racism, caused by colonisation and laws, policies and systems which explicitly excluded and harmed Aboriginal people and culture, have led to this over-representation and the continuation of systemic injustice.

(3) This Act, and the youth justice system generally, aims to address the factors that drive the over‑representation of Aboriginal children and young persons in the youth justice system, to ensure they are treated fairly and equitably in all aspects of the youth justice system.

(4) This Act recognises, respects and supports the distinct cultural rights of Aboriginal people and their right to self-determination.

Guiding youth justice principle—additional principles specific to Aboriginal children and young persons

24 Guiding youth justice principle—additional principles specific to Aboriginal children and young persons

(1) In addition to the other guiding youth justice principles, the right of Aboriginal persons to selfdetermination must be respected and upheld by—

(a) positioning and empowering Aboriginal persons to design, develop and implement policies, initiatives and strategies that will lead to an Aboriginal-led youth justice system in relation to Aboriginal children and young persons; and

(b) having regard to the following principles—

(i) respect for Aboriginal peoples' human rights and cultural rights;

(ii) equitable partnerships between public service bodies, public entities, Victoria Police, non-government organisations and Aboriginal communities;

(iii) sustainable and flexible funding and resourcing for Aboriginal communities;

(iv) respect for cultural diversity and customary lore;

(v) transfer of decision-making powers to Aboriginal communities with their free, prior and informed consent;

(vi) overcoming barriers including structural racism, discrimination and bias;

(vii) shared commitment, accountability and responsibility;

(viii) valuing and centring of Aboriginal culture, knowledge and expertise;

(ix) embedding cultural safety in policies, programs and services.

(2) The right of Aboriginal children and young persons to self-determination must be supported by—

(a) providing them with the opportunity to express their views; and

(b) promoting their participation, and the participation of their family, kin and Elders, in decision-making processes that affect them.

(3) Aboriginal children and young persons must be supported by recognising that—

(a) Aboriginal concepts of family include extended kinship relationships and family structures; and

(b) strong connections with family, kin, community, culture, Country and Elders are the foundations needed for Aboriginal children and young persons to thrive; and

(c) Aboriginal children and young persons who have committed or are alleged to have committed offences should be dealt with in a way that—

(i) upholds their cultural rights; and

(ii) sustains their ties to family, kin, community, culture, Country and Elders.

Obligation on Secretary to develop strategic partnerships with Aboriginal communities

25 Obligation on Secretary to develop strategic partnerships with Aboriginal communities

In respecting and upholding the principles of self-determination, the Secretary must seek to develop strategic partnerships with Aboriginal communities by—

(a) sharing information and data relating generally to the experiences of Aboriginal children and young persons in the youth justice system; and

(b) providing opportunities, and inviting proposals, to improve justice outcomes for Aboriginal children and young persons; and

(c) working with the Koori Court, the Commissioner for Aboriginal Children and Young People, Aboriginal communities and representatives of the Aboriginal community on justice-related issues to set justice-related targets for Aboriginal children and young persons; and

(d) enabling the progressive transfer of authority, resources and responsibilities to an Aboriginal-controlled justice system in consultation with representatives of the Aboriginal community on justice-related issues and Aboriginal communities; and

(e) developing accountability measures to improve outcomes for Aboriginal children and young persons.

Div 4

Consultation with representatives of the Aboriginal community on justice-related issues

Division 4—Consultation with representatives of the Aboriginal community on justice-related issues

Minister or the Secretary to consult with representatives

26 Minister or the Secretary to consult with representatives

(1) In respecting and upholding the principles of self-determination, the Minister or the Secretary, as the case requires, must consult, work and collaborate on justice‑related issues with the prescribed representatives of the Aboriginal community for the purposes of—

(a) developing strategic partnerships referred to in section 25(c) and (d); and

(b) determining performance standards; and

See section 47.

(d) any other prescribed provision.

(2) Consultation, work and collaboration on justice‑related issues under subsection (1) must be undertaken in accordance with the prescribed manner.

Chapter 2—Entities with functions and powers under this Act

Part 2.1—Functions and powers of the Secretary

27 Functions and powers of the Secretary

The Secretary has the functions and powers conferred on the Secretary under this Act.

Power of the Secretary to enter into contracts

28 Power of the Secretary to enter into contracts

Without limiting the powers conferred on the Secretary whether under this Act or any other Act, the Secretary, on behalf of the Crown, may enter into a contract with a person for the provision of goods or services.

Powers of the Secretary in relation to land

29 Powers of the Secretary in relation to land

(1) The Secretary, on behalf of the Crown and for the purposes of this Act, may—

(a) acquire, hold or dispose of land; and

(b) otherwise deal with any land held by the Secretary.

(2) Any acquisition or disposition of or other dealing with land by the Secretary on behalf of the Crown must be made in the name of "Secretary to the Department of Justice and Community Safety".

(3) Without limiting subsections (1) and (2), the Secretary, on behalf of the Crown, may dispose of or otherwise deal with land held by the Secretary that was acquired under this Act or the Children, Youth and Families Act 2005 in the name of "Secretary to the Department of Justice and Community Safety" by any person who previously held, acted in or performed the duties of, the office of Secretary.

Committee of management

30 Committee of management

(1) The Secretary may be a committee of management under the Crown Land (Reserves) Act 1978 under the name "Secretary to the Department of Justice and Community Safety".

(2) Any record relating to a committee of management to which subsection (1) applies must refer to the committee of management in the name of "Secretary to the Department of Justice and Community Safety".

Record of dealings by Registrar of Titles

31 Record of dealings by Registrar of Titles

(1) If the Secretary acquires any land on behalf of the Crown for the purposes of this Act, any recordings in the Register by the Registrar of Titles of the acquisition must be in the name of "Secretary to the Department of Justice and Community Safety" as the registered proprietor.

(2) If the Secretary, on behalf of the Crown for the purposes of this Act, disposes of or otherwise deals with any land held in the name of "Secretary to the Department of Justice and Community Safety", any recording in the Register by the Registrar of Titles must be made in the name of "Secretary to the Department of Justice and Community Safety".

(3) If the Secretary, on behalf of the Crown, lodges with the Registrar of Titles any dealing in relation to any land for the purposes of this Act, the Registrar must make any recording in relation to that dealing in the name of "Secretary to the Department of Justice and Community Safety".

(4) To avoid doubt, land acquired in fee simple by the Secretary on behalf of the Crown for the purposes of this Act is Crown land.

(5) Despite subsection (4) and anything to the contrary in the Land Act 1958 or the Transfer of Land Act 1958, if land acquired by the Secretary on behalf of the Crown for the purposes of this Act—

(a) is under the operation of the Transfer of Land Act 1958, it remains under the operation of that Act; and

(b) is not under the operation of the Transfer of Land Act 1958, it may be brought under the operation of that Act.

Secretary's powers in relation to intellectual property

32 Secretary's powers in relation to intellectual property

The Secretary, on behalf of the Crown, may do any of the following—

(a) acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as security, or otherwise deal with any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);

(b) assign, grant, lease, licence, sell or dispose of, any intellectual property right;

(c) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;

(d) seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any Crown copyright.

Delegation

33 Delegation

(1) The Secretary, by instrument, may delegate to any person, or class of person, employed under Part 3 of the Public Administration Act 2004 in the Department, any function or power of the Secretary under this Act or the regulations, except—

(a) the power to make an authorisation under section 59; and

(b) the power to approve the making of a change of name application under section 553; and

(d) the power to consent to treatment or admission under section 748(4)(b); and

(e) the power to authorise under section 748(4)(c) a person to grant the consent referred to in paragraph (d); and

(f) this power of delegation.

(2) The Secretary, by instrument, may delegate to an executive within the meaning of the Public Administration Act 2004 who is employed at the level of EO 2 or above—

(a) the power to consent to treatment or admission under section 748(4)(b); and

(b) the power to authorise under section 748(4)(c) a person to grant the consent referred to in paragraph (a).

Report by Secretary

34 Report by Secretary

(1) If, in a quarter of a calendar year, the Secretary makes a disclosure under section 60A of the Commission for Children and Young People Act 2012, the Secretary must publish the total number of adverse events relating to children and young persons held in custody in a youth justice custodial centre that were disclosed by the Secretary to the Commission in the relevant quarter.

(2) The details must be published on the Department's Internet site within one month of the end of the relevant quarter.

relevant quarter means the quarter of a calendar year to which the publication of details relates.

Part 2

2—Commissioner for Youth Justice

Part 2.2—Commissioner for Youth Justice

Commissioner for Youth Justice

35 Commissioner for Youth Justice

(1) There is a Commissioner for Youth Justice.

(2) The Secretary may employ the Commissioner for Youth Justice under Part 3 of the Public Administration Act 2004.

(3) A person is eligible to be employed as the Commissioner for Youth Justice if the person is suitably qualified and experienced, including having—

(a) significant experience in youth justice; and

(b) a qualification or experience in child and adolescent development.

Functions and powers of Commissioner for Youth Justice

36 Functions and powers of Commissioner for Youth Justice

(1) The Commissioner for Youth Justice has the following functions—

(a) providing leadership and stewardship of the youth justice system on a whole of system basis to—

(i) support early intervention efforts and the diversion of children and young persons away from the justice system; and

(ii) minimise and reduce offending involving children and young persons;

(b) supporting the rehabilitation and positive development of children and young persons who are subject to youth justice supervision in the community and in custody through the effective delivery of evidence-based programs;

(d) ensuring the safe, stable and secure operation of youth justice custodial centres and the supervision of children and young persons in those centres;

(e) establishing and conducting high risk panels;

(f) performing any function of the Secretary delegated to the Commissioner for Youth Justice under section 33;

(g) directing all youth justice custodial officers in the carrying out of their functions and duties;

(h) performing any other functions conferred on the Commissioner under this Act, the Children, Youth and Families Act 2005 or any other Act;

(i) performing any prescribed functions.

(2) The Commissioner for Youth Justice has all the powers that are necessary or required to perform the functions of the Commissioner for Youth Justice under this Act, the Children, Youth and Families Act 2005 and any other Act.

Secretary has and may exercise functions and powers of the Commissioner for Youth Justice

37 Secretary has and may exercise functions and powers of the Commissioner for Youth Justice

(1) The Secretary has and may exercise all the functions and powers of the Commissioner for Youth Justice.

(2) Unless the context otherwise requires, for the purposes of subsection (1), a reference in this Act, the Children, Youth and Families Act 2005 or any other Act to the Commissioner for Youth Justice includes the Secretary when exercising the functions and powers of the Commissioner for Youth Justice.

Commissioner for Youth Justice has and may exercise functions and powers of youth justice custodial officer

38 Commissioner for Youth Justice has and may exercise functions and powers of youth justice custodial officer

(1) The Commissioner for Youth Justice has and may exercise all the functions and powers of a youth justice custodial officer.

(2) The exercise of a function or power by the Commissioner for Youth Justice under subsection (1) prevails over the exercise of the function or power by a youth justice custodial officer.

Delegation by Commissioner for Youth Justice

39 Delegation by Commissioner for Youth Justice

The Commissioner for Youth Justice, by instrument, may delegate to any person or class of person employed under Part 3 of the Public Administration Act 2004 in the Department or to any other person engaged by the Department any function or power of the Commissioner for Youth Justice under this Act or the regulations, except—

(a) this power of delegation; or

(b) in the case of any other person engaged by the Department—

(i) the power to order a search under section 497 (unclothed search of child or young person held in custody in a youth justice custodial centre); and

(ii) the power to authorise the use of reasonable force to carry out an unclothed search under section 498.

Part 2.3—Aboriginal youth justice agencies

Division 1—Registration of Aboriginal youth justice agencies

40 Application for registration

(1) A body corporate may apply to the Secretary for registration as an Aboriginal youth justice agency.

(2) An application for registration must be made in the form approved by the Secretary.

(3) An application for registration must specify the Aboriginal youth justice agency functions and powers that the principal officer could be authorised to perform under Division 6 if registration is granted.

Secretary may register body corporate as an Aboriginal youth justice agency

41 Secretary may register body corporate as an Aboriginal youth justice agency

(1) The Secretary may register a body corporate as an Aboriginal youth justice agency if the Secretary is reasonably satisfied that—

(a) the principal officer (other than an acting principal officer) is an Aboriginal person; and

(b) the body corporate has a board whose members are elected by the Aboriginal community; and

(d) the body corporate is established to provide services and has the necessary experience—

(i) to support the rehabilitation and positive development of children and young persons; and

(ii) to minimise and reduce reoffending by children and young persons; and

(e) the body corporate would be able to meet the performance standards applicable to the performance and exercise of Aboriginal youth justice agency functions and powers which the body corporate could be authorised to perform or exercise.

(2) In considering whether to register a body corporate as an Aboriginal youth justice agency, for the purposes of subsection (1)(b) and (c), the Secretary is to have regard to any prescribed matters.

(3) If the Secretary registers a body corporate as an Aboriginal youth justice agency under subsection (1), the Secretary must also specify in writing the Aboriginal youth justice agency functions and powers in respect of which the registration is granted.

Secretary may impose conditions on registration

42 Secretary may impose conditions on registration

(1) The Secretary may impose on the registration or renewal of registration of an Aboriginal youth justice agency any conditions or restrictions that the Secretary considers appropriate.

(2) A registered Aboriginal youth justice agency must comply with any conditions or restrictions imposed on the registration.

Registration period

43 Registration period

Unless registration is sooner revoked, a body corporate is registered as an Aboriginal youth justice agency for—

(a) 3 years; or

(b) if a longer registration period is determined for that body corporate by the Secretary, that longer period.

Renewal of registration

44 Renewal of registration

(1) A registered Aboriginal youth justice agency may apply to the Secretary to renew its registration.

(2) An application for renewal of registration must be made in the form approved by the Secretary.

(3) The Secretary must renew the registration if reasonably satisfied that—

(a) the body corporate continues to meet the requirements of section 41(1)(a), (b), (c) and (d); and

(b) the agency continues to meet the performance standards applicable to the agency.

(4) Unless registration is sooner revoked, on the renewal of registration a body is registered as an Aboriginal youth justice agency for—

(a) 3 years; or

(b) if a longer registration period is determined for that body by the Secretary, that longer period.

Secretary must give notice of refusal to renew registration

45 Secretary must give notice of refusal to renew registration

(1) The Secretary must give a registered Aboriginal youth justice agency written notice of a decision to not to renew that agency's registration.

(2) The written notice must—

(a) set out the reasons for the decision; and

(b) invite the agency to make submissions about the decision; and

(3) The registered Aboriginal youth justice agency must make any submissions within 14 days after receiving the written notice.

(4) Before the date on which the registration is to expire, the Secretary must—

(a) consider any submissions received under subsection (3); and

(b) decide whether to renew or refuse to renew the registration.

Register of registered Aboriginal youth justice agencies

46 Register of registered Aboriginal youth justice agencies

The Secretary must keep a register of registered Aboriginal youth justice agencies that includes the prescribed information about each agency.

Division 2—Performance standards

Performance standards for registered Aboriginal youth justice agencies

47 Performance standards for registered Aboriginal youth justice agencies

(1) The Minister must determine performance standards for registered Aboriginal youth justice agencies.

(2) In determining performance standards, the Minister must—

(a) consult with Aboriginal communities and the representatives of the Aboriginal community on justice-related issues; and

(b) have regard to the unique role and capabilities of Aboriginal organisations and the benefits and strengths provided to Aboriginal children and young persons and the youth justice system by Aboriginal organisations.

Subject matter for performance standards

48 Subject matter for performance standards

The Minister must make performance standards in respect of any matter relating to the operation of registered Aboriginal youth justice agencies including, but not limited to, the following—

(a) governance of a registered Aboriginal youth justice agency;

(b) financial viability;

(d) service delivery;

(e) privacy and confidentiality;

(f) complaints management;

(g) human resource management.

Publication, amendment and revocation of performance standards

49 Publication, amendment and revocation of performance standards

(1) A performance standard must be published in the Government Gazette.

(2) A performance standard has effect on the later of—

(a) the day specified in the performance standard; or

(b) on the day that is 30 days after the day on which the performance standard is published in the Government Gazette.

(3) The Minister, by notice published in the Government Gazette, may amend or revoke a performance standard.

Registered Aboriginal youth justice agency must comply with relevant performance standard

50 Registered Aboriginal youth justice agency must comply with relevant performance standard

A registered Aboriginal youth justice agency must comply with any performance standard that applies to the registered Aboriginal youth justice agency.

Division 3—Revocation of registration

Revocation of registration

51 Revocation of registration

(1) If the Secretary considers it appropriate to do so, the Secretary may revoke—

(a) the registration of a registered Aboriginal youth justice agency; or

(b) the registration of a Aboriginal youth justice agency in respect of certain Aboriginal youth justice agency functions and powers.

(2) Without limiting subsection (1), in determining whether revocation is appropriate, the Secretary may have regard to the following—

(a) any material or sustained failure by the registered Aboriginal youth justice agency to comply with any performance standards applying to that agency, that has adversely impacted on the care and supervision by the agency of an Aboriginal child or young person or Aboriginal children and young persons;

(b) whether the registered Aboriginal youth justice agency continues to meet the requirements of section 41(1)(a) to (d);

(c) whether the registered Aboriginal youth justice agency has become insolvent under administration or an externally administered body corporate;

(d) any other circumstance that the Secretary considers relevant that affects the registered Aboriginal youth justice agency's ability to reasonably care for and supervise an Aboriginal child or young person.

(3) A revocation of registration takes effect on the day specified in the notice of revocation given under section 52(2), unless the Secretary sooner decides not to revoke registration.

Secretary must give notice of revocation

52 Secretary must give notice of revocation

(1) The Secretary must give a registered Aboriginal youth justice agency written notice of a decision to—

(a) revoke the agency's registration; or

(b) revoke the agency's registrations in respect of certain Aboriginal youth justice agency functions and powers.

(2) The written notice of revocation must—

(a) set out the reasons for the revocation; and

(b) specify the date on which the revocation is to take effect; and

(d) be given to the agency at least 21 days before the date on which the revocation is to take effect.

(3) The registered Aboriginal youth justice agency must make any submissions within 14 days after receiving the written notice of revocation.

(4) Before the date on which the revocation is to take effect, the Secretary must—

(a) consider any submissions received under subsection (3); and

(b) decide whether to revoke the registration.

Effect of revocation of registration

53 Effect of revocation of registration

(1) On revocation of the registration of an Aboriginal youth justice agency—

(a) any authorisation of the principal officer of that agency under Division 6 is revoked; and

(b) the Secretary may continue and complete any action commenced under the authorisation by the principal officer.

(2) On revocation of the registration of an Aboriginal youth justice agency in respect of certain Aboriginal youth justice agency functions and powers—

(a) any authorisation of the principal officer of that agency under Division 6 to perform those functions or exercise those powers is revoked; and

(b) the Secretary may continue and complete any action commenced under the authorisation by the principal officer.

(3) On the revocation or partial revocation of the registration of an Aboriginal youth justice agency, the principal officer must provide the Secretary with all of the records that have been created by or on behalf of the registered Aboriginal youth justice agency, or provided to the registered Aboriginal youth justice agency, in respect of a child or young person as a result of—

(a) any authorisation of the agency under Division 6; or

(b) if the revocation is in respect of certain Aboriginal youth justice agency functions and powers, any authorisation of the agency under Division 6 to perform those functions or exercise those powers.

Division 4—Review of decisions

Internal review by Secretary

54 Internal review by Secretary

(1) Each of the following decisions is a decision for internal review—

(a) a decision to refuse registration as a registered Aboriginal youth justice agency;

(b) a decision to refuse to renew the registration of a registered Aboriginal youth justice agency;

(c) a decision to revoke the registration of a registered Aboriginal youth justice agency or to revoke the registration in respect of certain Aboriginal youth justice agency functions and powers;

(d) a decision under section 62(1) by the Secretary to revoke an authorisation made under section 59(1).

(2) The Secretary must prepare and implement procedures for the internal review of a decision for internal review.

(3) The principal officer of the Aboriginal youth justice agency may apply to the Secretary for internal review of a decision for internal review.

(4) The Secretary must give to the principal officer a written statement of the decision on the internal review and the reasons for the decision on the internal review.

Review by VCAT of decision made on internal review

55 Review by VCAT of decision made on internal review

(1) The principal officer of an Aboriginal youth justice agency may apply to VCAT for review of a decision of the Secretary made on an internal review under section 54.

(2) An application for review of the decision must be made within 28 days after the day on which the person was given the statement of reasons under section 54(4).

Div 5

Monitoring

Division 5—Monitoring

Secretary may make inquiries

56 Secretary may make inquiries

The Secretary may make any inquiries the Secretary considers appropriate relating to any matter arising from the performance or exercise by the principal officer of a registered Aboriginal youth justice agency of Aboriginal youth justice agency functions and powers under an authorisation under Division 6.

Secretary may visit registered Aboriginal youth justice agency

57 Secretary may visit registered Aboriginal youth justice agency

(1) The Secretary, at any time, may visit a registered Aboriginal youth justice agency for any of the following purposes—

(a) to make any examinations or inspections that appear to be necessary regarding the management of the registered Aboriginal youth justice agency;

(b) to make inquiries relating to the supervision of Aboriginal children and young persons by the registered Aboriginal youth justice agency;

(c) to inspect any document or record relating to an Aboriginal child or young person who is the subject of an authorisation under Division 6;

(d) to make any inquiries about any matter arising from the performance or exercise of Aboriginal youth justice agency functions and powers under an authorisation under Division 6;

(e) to inspect any other document or record that is required to be kept by the registered Aboriginal youth justice agency under this Act or the regulations;

(f) any other prescribed purpose.

(2) Before conducting a visit under subsection (1), the Secretary must give written notice of the visit to the registered Aboriginal youth justice agency unless the Secretary considers that—

(a) the purpose for conducting the visit is urgent; and

(b) giving notice of the visit would be inappropriate in the circumstances.

(3) The Secretary must conduct a visit and any inspection, examination or inquiries during that visit in accordance with the regulations.

Registered Aboriginal youth justice agency must assist

58 Registered Aboriginal youth justice agency must assist

The principal officer and every member of staff of a registered Aboriginal youth justice agency must provide the Secretary with such reasonable assistance and access to records and members of staff as the Secretary requires in carrying out a function under this Division.

Div 6

Authorisation of registered Aboriginal youth justice agency to act in relation to an Aboriginal child or young person

Division 6—Authorisation of registered Aboriginal youth justice agency to act in relation to an Aboriginal child or young person

59 Secretary may authorise principal officer of registered Aboriginal youth justice agency to perform functions or exercise powers

(1) Subject to this section, the Secretary may authorise the principal officer of a registered Aboriginal youth justice agency to perform specified prescribed functions and exercise specified prescribed powers conferred on the Secretary by or under this Act in relation to an Aboriginal child or young person.

(2) The Secretary may only make an authorisation under subsection (1) if—

(a) the Secretary has—

(i) explained the effect and purpose of the authorisation to the child or young person; and

(ii) the child or young person has given oral or written consent to the authorisation; and

(b) in the case of an authorisation relating to a child who is under 18 years of age, the Secretary has had regard to any views expressed by the parent of the child or any person who has day-to-day care of the child, if those views can be reasonably obtained; and

(d) the registered Aboriginal youth justice agency is registered to perform the prescribed function or exercise the prescribed power that will be specified in the authorisation.

(3) The authorisation under subsection (1) must be in writing.

Secretary must disclose information to principal officer for making decision about agreeing to authorisation

60 Secretary must disclose information to principal officer for making decision about agreeing to authorisation

(1) Before making an authorisation under section 59, the Secretary must provide the registered Aboriginal youth justice agency and the principal officer with all information that is known to the Secretary and that is reasonably necessary to assist the registered Aboriginal youth justice agency and the principal officer to make an informed decision as to whether or not to agree to the authorisation.

(2) For the purposes of subsection (1), the Secretary may disclose to the principal officer of a registered Aboriginal youth justice agency any information that is otherwise prohibited from being disclosed under this Act.

(3) The Secretary must not disclose any information under this section if it would be contrary to a court order.

(4) Information referred to in subsections (1) and (2) may only be disclosed by the Secretary to the extent that it relates to a child or young person who is to be the subject of an authorisation of the principal officer under section 59.

Effect of authorisation

61 Effect of authorisation

(1) On an authorisation under section 59 being made, this Act applies in relation to the performance or the exercise of an Aboriginal youth justice agency function or power specified in the authorisation as if the principal officer were the Secretary.

(2) If an authorisation under section 59 has been made, the Secretary must provide the principal officer with reasonable assistance and support to enable the principal officer to perform the specified functions or exercise the specified powers.

Secretary may revoke authorisation

62 Secretary may revoke authorisation

(1) The Secretary, at any time, may revoke an authorisation under section 59 and on that revocation the Secretary may continue and complete any action commenced under the authorisation by the principal officer.

(2) On the revocation of an authorisation under subsection (1), the principal officer must provide the Secretary with all of the records that have been created by or on behalf of the registered Aboriginal youth justice agency, or provided to the registered Aboriginal youth justice agency, in respect of the child or young person as a result of the authorisation.

(3) The revocation under subsection (1) must be in writing.

Powers and functions of acting principal officer

63 Powers and functions of acting principal officer

(1) This section applies if a person is appointed to act as the principal officer of a registered Aboriginal youth justice agency during—

(a) a vacancy in the office of the principal officer; or

(b) any period when the principal officer is unable to perform the functions of the principal officer's office, whether because of illness, absence or for any other reason.

(2) The person who is acting as the principal officer is authorised to perform the functions and exercise the powers specified in an authorisation under section 59 in respect of a child or young person who is the subject of the authorisation as if—

(a) the person were the principal officer; and

(b) the person has all the functions, powers and duties of the principal officer under this Act.

(3) This section applies even if the person acting as the principal officer is not an Aboriginal person.

Delegation by principal officer of registered Aboriginal youth justice agency

64 Delegation by principal officer of registered Aboriginal youth justice agency

The principal officer of a registered Aboriginal youth justice agency, by instrument, may delegate to any person or class of person employed by the registered Aboriginal youth justice agency any function or power that the principal officer has been authorised to perform or exercise by an authorisation under section 59, except this power of delegation.

65 Use of information disclosed to registered Aboriginal youth justice agency and principal officer for making decision about agreeing to authorisation

(1) A person must not disclose information provided by the Secretary to a registered Aboriginal youth justice agency or the principal officer under section 60 to any other person unless the disclosure is—

(a) to a person employed by that registered Aboriginal youth justice agency; and

(b) for the purpose of assisting the registered Aboriginal youth justice agency and the principal officer to make an informed decision as to whether or not to agree to an authorisation.

(2) Subsection (1) does not apply to the disclosure of information by a principal officer of a registered Aboriginal youth justice agency who has accepted an authorisation under section 59 in respect of the child or young person to whom the information relates.

Chapter 3—Police power to take into care and control and transport a child aged 10 or 11 years old

Part 3.1—Preliminary

66 Application of Chapter

This Chapter applies to a child who is 10 or 11 years of age.

Definitions

67 Definitions

In this Chapter—

IBAC means the Independent Broad-based Anti‑corruption Commission established under the Independent Broad-based Anti-corruption Commission Act 2011;

S. 67 def. of Integrity Oversight Victoria inserted by No. 32/2024 s. 852(a).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

suitable person has the meaning given by section 69(1);

transport power means one or more of the following—

(a) the power to take a child into care and control under section 68;

(b) the power to transport a child under section 69;

S. 67 def. of transport power report amended by No. 32/2024 s. 852(b).

transport power report means a report prepared under section 85(1).

S. 67 def. of Victorian Inspectorate repealed by No. 32/2024 s. 852(c).

Part 3

2—Transport power

Part 3.2—Transport power

Child taken into care and control

68 Child taken into care and control

(1) Subject to subsection (2), a police officer may take a child into care and control if the police officer believes on reasonable grounds that—

(a) there is a risk of serious harm to the child or another person that is likely to occur as a result of the behaviour of the child; and

(b) it is necessary for the child to be transported under section 69 to minimise that risk of serious harm to the child or other person occurring.

(2) Before a child is taken into care and control under subsection (1), a police officer must take reasonable steps, in the circumstances, to minimise the risk of serious harm to the child or another person that is likely to occur as a result of the behaviour of the child.

Ask the child to leave the place and to go home.

1 Ask the child to leave the place and to go home.

2 Offer to transport the child to another location.

3 Warn the child that they will be taken into the care and control of the police officer if the child does not cease to engage in behaviour that is likely to cause serious harm.

(3) As soon as practicable after taking a child into care and control under subsection (1), a police officer must—

(a) inform the child that the child—

(i) is not under arrest and is not being charged with an offence; and

(ii) has been taken into care and control for the purpose of transporting the child to prevent serious harm to the child or another person that is likely to occur as a result of the behaviour of the child; and

(b) ask the child whether they are Aboriginal or Torres Strait Islander.

Section 72 contains additional requirements in respect of a child who is Aboriginal or Torres Strait Islander that is taken into care and control.

(4) A police officer may release a child taken into care and control under subsection (1) before the child is transported under section 69 if the police officer no longer holds the belief on reasonable grounds referred to in subsection (1).

Transportation of child taken into care and control

69 Transportation of child taken into care and control

(1) As soon as practicable after complying with the requirements in section 68, a police officer must place the child into the care of a suitable person, being a person who—

(a) the police officer believes on reasonable grounds is capable of caring for the child; and

(b) consents to taking care of the child.

Depending on the circumstances of each case, a suitable person may include the child's parent, a relative or an adult known to the child.

(2) In determining who is a suitable person under subsection (1), a police officer may consider the child's views in relation to the suitability of a person.

(3) If a police officer is unable to place the child into the care of a suitable person, a police officer must take reasonable steps to place the child into the care of an appropriate health or welfare agency.

(4) For the purposes of subsections (1) and (3), a police officer may—

(a) transport the child to the suitable person or the appropriate health or welfare agency; or

(b) arrange for the suitable person or appropriate health or welfare agency to collect the child from the place the child was taken into care and control.

(5) If a police officer is unable to place the child into the care of a suitable person or an appropriate health or welfare agency, a police officer may, as a last resort, transport the child to a police station.

Child kept in care and control at police station

70 Child kept in care and control at police station

(1) This section applies in respect of a child who has been transported to a police station under section 69(5).

(2) A police officer must not place the child in a police gaol or a police cell.

(3) A police officer must continue to take reasonable steps to place the child into the care of a suitable person or an appropriate health or welfare agency while the child is kept in care and control at the police station.

(4) For the purposes of subsection (3), a police officer may—

(a) transport the child to the suitable person or the appropriate health or welfare agency; or

(b) arrange for the suitable person or appropriate health or welfare agency to collect the child from the police station.

(5) A police officer may only continue to keep in care and control the child at the police station if the police officer believes on reasonable grounds that there is a risk of serious harm to the child or another person that is likely to occur as a result of the behaviour of the child if the child were released.

Child in respect of whom transport power is being exercised not to be questioned or interviewed

71 Child in respect of whom transport power is being exercised not to be questioned or interviewed

A police officer must not question or interview a child in respect of whom the transport power is being exercised in relation to any offence or alleged offence.

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Youth Justice Act 2024

Version No. 008

Youth Justice Act 2024

No. 32 of 2024

Version incorporating amendments as at
27 February 2026

TABLE OF PROVISIONS

Section Page

Chapter 1—Preliminary 1

Part 1.1—Introductory provisions 1

1 Purposes 1

2 Commencement 3

3 Definitions 3

4 Meaning of child 36

5 Meaning of young person 37

6 Meaning of relevant impairment 38

7 Meaning of terrorism record 39

8 Meaning of terrorism risk information 39

9 References to sentencing child include sentencing on appeal 40

Part 1.2—Criminal responsibility of children 41

10 Minimum age of criminal responsibility 41

11 Presumption that child 12 or 13 years of age cannot commit an offence 41

12 Matters to which police officer must have regard 42

13 Review of charge against child who allegedly committed offence at 12 or 13 years of age 43

14 Notice of completion of review of charge 45

Part 1.3—Guiding youth justice principles 46

Division 1—Operation and purpose of the guiding youth justice principles 46

15 Interaction of guiding youth justice principles with this Act 46

16 Purposes of guiding youth justice principles 46

17 Taking into account guiding youth justice principles 46

Division 2—Guiding youth justice principles 48

18 Guiding youth justice principle—treatment of children and young persons 48

19 Guiding youth justice principle—prevention, diversion and minimum intervention 50

20 Guiding youth justice principle—rights of victims and the importance of restoration 51

21 Guiding youth justice principle—importance of parents and family 51

22 Guiding youth justice principle—promotion of partnership and collaboration with agencies and other entities 51

Division 3—Guiding youth justice principles and matters specific to Aboriginal children and young persons 52

23 Statement of recognition in respect of Aboriginal children and young persons 52