Section 547 - Youth Justice Act 2024 - Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre 474 | Zoe
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