17Taking 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

(c) making any decision or taking any other action under this Act in respect of a child or young person.

(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

(c) making any decision or taking any other action under this Act in respect of the child or young person.

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.