What it does
These regulations set out a small number of detailed, technical prescriptions that operate as complements to the Youth Justice Act 1997 (the Act). They do three principal things.
First, they prescribe the precise data to be recorded when a search of a youth is carried out under the Act (regulation 3A). Regulation 3A(3) lists the items of information that, for the purposes of section 25K of the Act, must be treated as the prescribed information about a search. That list includes the youth’s name, whether the youth identifies as Aboriginal or Torres Strait Islander, gender, date of birth, the search purpose(s), date and time, the particular room or area searched, items seized, the name and position of the search officer and of any other person present, whether those persons were a person of the required gender in relation to the youth, who authorised any persons not of the required gender to be present, and, for unclothed searches, the authoriser and any conditions of authorisation. Regulation 3A(3)(n) also requires recording whether the youth was given the information and opportunity required under section 25H of the Act. Regulation 3A(1) and (2) cross‑reference the Act’s definitions, making the record‑keeping obligations read together with the Act (reg 3A(1)-(2)).
Second, the regulations identify specific offices and persons as the statutory “prescribed” persons for multiple provisions in the Act. Regulation 4 prescribes, for the purposes of sections 55, 56, 68 and 94 of the Act, that the Secretary and a police officer are the prescribed persons. Regulation 5 prescribes the Secretary as the prescribed person for section 99A of the Act. Third, regulation 6 prescribes, for the purposes of section 135A of the Act, two designated officers (the Commissioner for Children and Young People and the Custodial Inspector) and prescribes two Acts (the Commissioner for Children and Young People Act 2016 and the Custodial Inspector Act 2016) for particular subclauses (reg 6(1)-(2)).