18Guiding 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

(c) tend to be vulnerable when dealing with persons of authority; 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.