41Secretary 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

(c) the board operates consistently with principles of Aboriginal self-determination; 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.