YOUNG OFFENDERS ACT 1997 - SECT 39 Explanations to children

YOUNG OFFENDERS ACT 1997 - SECT 39

39 Explanations to children

(1) Before a specialist youth officer proceeds to refer a matter for a conference under this Part, the specialist youth officer must explain the following matters to the child concerned--

(a) the nature of the offence and the circumstances out of which it is alleged to have arisen,

(b) that the child is entitled to obtain legal advice and where that advice may be obtained,

(c) that the child is entitled to elect that the matter be dealt with by a court,

(d) what a conference is and the effect of the conference.

(2) A specialist youth officer must, if practicable, ensure that an explanation takes place in the presence of--

(a) a person responsible for the child, or

(b) an adult (other than an investigating official) who is present with the consent of a person responsible for the child, or

(c) if the child is 14 years or over, an adult chosen by the child, or

(d) an Australian legal practitioner chosen by the child.