CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 114 Definitions—pt 5.2

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 114

    (1)     In this part:

"Minister of a State" means—

        (a)     for a State other than the Northern Territory—a Minister of the Crown of the State; or

        (b)     for the Northern Territory—a person holding ministerial office under the Northern Territory (Self-Government) Act 1978

(Cwlth).

"person responsible", for a young offender, means—

        (a)     a parent of the young offender or someone else who has daily care responsibility, or long-term care responsibility, for the young offender; or

        (b)     a person who has the care of the young offender, whether or not the person has parental responsibility (however described) for the young offender; or

        (c)     for a young offender who is detained—a person who had the care of the young offender before the young offender was detained, whether or not the person has, or had, parental responsibility (however described) for the young offender.

"receiving State" means the State to which a young offender is transferred.

"sending State" means the State from which a young offender is transferred.

"transfer agreement"—see section 115.

"transfer arrangement"—see section 116.

"transfer escort" means a person who is authorised under a transfer agreement, transfer arrangement or transfer order to take and keep custody of a young offender.

"transfer order"—see section 120.

"young offender" means a person who—

        (a)     has been convicted or found guilty of an offence by a court; and

        (b)     was under 18 years old when the offence was committed but not under the age of criminal responsibility for the offence; and

        (c)     has been sentenced for the offence.

    (2)     In this section:

"under the age of criminal responsibility"—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code

, section 25 for the offence.