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1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Young
Offenders Act 1997 set out in Schedule 1.
Schedule 1 Amendments
Schedule 1 [ 1 ] defines the expression relevant conference administrator.
Schedule 1 [2] requires courts that give cautions (rather than imposing other
penalties) to notify local police area commanders of any such decisions and
of the reasons for giving cautions.
Schedule 1 [3] requires the conference convenor of a youth justice
conference to consult the relevant conference administrator when
determining details as to the holding of the conference. This will be in
addition to the persons the conference convenor is currently required to
consult.
Schedule 1 [4] makes it clear that a youth justice conference that relates to a
child who is held in custody in a detention centre may be held at the
detention centre.
Schedule 1 [5] requires a conference convenor to notify the relevant
conference administrator when a child fails, without reasonable excuse, to
attend a youth justice conference. Currently, the conference convenor notifies
the person who referred the child for a conference directly, but this function
will now be carried out by the conference convenor.
Schedule 1 [6] requires a conference convenor. to notify the relevant
conference administrator when he or she is satisfied that the participants at a
youth justice conference are unable to agree to an outcome plan that complies
with the Young Offenders Act 1997. Schedule 1 [7] provides that the
conference administrator will then notify the person who referred the child
for a conference. Currently, the conference convenor notifies the person who
referred the child for a conference directly, but this function will now be
carried out by the conference convenor.
Explanatory note page 2
Schedule 1 [8] removes the requirement for a court to notify a conference
convenor if it does not approve an outcome plan relating to a matter referred
for a youth justice conference by the court. The obligation to inform the
relevant conference administrator will remain.
Schedule 1 [9] confers the powers to reconvene a conference (now exercised
by the conference convenor) on the relevant conference administrator.
Schedule 1 [11] makes a consequential amendment.
Schedule 1 [10] makes it clear that the original conference convenor need not
be appointed for a reconvened conference.
Schedule 1 [12] amends a heading to more closely reflect the provision
concerned.
Schedule 1 [13] removes an unnecessary reference.
Schedule 1 [14] makes a consequential amendment.
Schedule 1 [15] makes statements, confessions, admissions or information
made or given by children during the giving of a caution or in a conference
under the Act inadmissible as evidence in civil proceedings as well as
criminal proceedings.
Schedule 1 [16] enables the Minister to appoint a member as deputy
chairperson of the Youth Justice Advisory Committee and enables that person
to exercise the functions of the chairperson in the chairperson's absence.
Schedule 1 [17] enables the regulations to provide for the appointment and
remuneration of deputies for members of the Youth Justice Advisory
Committee.
Schedule 1 [18] enables savings and transitional regulations to be made if
required as a consequence of the enactment of the proposed Act.
Explanatory note page 3