91Commission for Children and Young People not to prejudice legal proceedings or investigations

91 Commission for Children and Young People not to prejudice legal proceedings or investigations

S. 91(1) amended by No. 32/2024 s. 853.

(1) The Commission for Children and Young People must not perform the functions or duties or exercise the powers of the Commission in relation to the preparation of a transport power report in a manner that would prejudice any preliminary inquiries or investigations by the IBAC or Integrity Oversight Victoria.

S. 91(2) amended by No. 32/2024 s. 853.

(2) For the purposes of ensuring compliance with subsection (1), the Commission for Children and Young People may consult with the IBAC or Integrity Oversight Victoria.

(3) The Commission for Children and Young People must not provide a transport power report to any person if it contains information that would prejudice any current criminal proceedings or current criminal investigations.

(4) For the purposes of ensuring compliance with subsection (3), the Commission for Children and Young People may consult any of the following—

(a) the Director of Public Prosecutions;

(b) the Chief Commissioner of Police;

(c) a person or body who may initiate a criminal proceeding.

Chapter 4—Diverting children from the justice system

Part 4.1—General

92 Hierarchy of options for alleged offending behaviour

(1) If a child is alleged to have committed an offence, a police officer may decide—

(a) to take no action under this Act or any other Act or law against the child for the alleged offence; or

(b) if paragraph (a) is clearly inappropriate in the circumstances, to give a youth warning to the child for the alleged offence; or

(c) if paragraphs (a) and (b) are clearly inappropriate in the circumstances, to give a youth caution to the child for the alleged offence; or

(d) if paragraphs (a), (b) and (c) are clearly inappropriate in the circumstances, to refer the child to participate in an early diversion group conference for the alleged offence; or

(e) if paragraphs (a), (b), (c) and (d) are clearly inappropriate in the circumstances, to commence a criminal proceeding against the child for the alleged offence.

(2) In deciding whether an action in the hierarchy of options is clearly inappropriate in the circumstances, the police officer must have regard to each of the following matters—

(a) the nature and seriousness of the alleged offending;

(b) the number, frequency and nature of findings of guilt or convictions (if any) in respect of the child;

(c) any previous conduct of the child relevant to the alleged offending, including but not limited to whether the child has acknowledged responsibility or shown remorse for their behaviour;