Section 746 - Youth Justice Act 2024 - Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced 647 | Zoe
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
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
(c) to set out transitional provisions; and
(d) to make consequential amendments to other Acts.