YOUTH JUSTICE ACT 2005
Table of Provisions
PART 1--PRELIMINARY MATTERS
Division 1-- General matters
Division 2--Interpretation matters
- 5 Interpretation
- 6 Meaning of youth
- 7 Intimate procedures
- 8 Non-intimate procedures
- 9 Illicit drug or substance
Division 3--Use of force generally
- 10 Use of force generally
PART 2--APPREHENSION AND REMAND
Division 1--General matters
Division 2--Police powers and obligations
- 15 Explanations by police officers
- 16 Guidelines in relation to arrest of youths
- 17 Authorised officer to be notified
- 18 Interview of youth
- 19 Search of youth
- 20 Search must be by person of same gender
- 21 Authorised officer must consent to prosecution
- 22 Charge to be by summons except in certain cases
- 23 Responsible adults to be informed
- 24 Detention of youth not admitted to bail
- 25 Detained youth requiring medical attention
- 26 Separation from adults where practicable
- 27 Youth to be brought before Court promptly
Division 3--Forensic procedures
- 28 Interpretation
- 29 Restriction on carrying out procedure
- 30 Intimate procedure
- 31 Non-intimate procedure
- 32 Voluntary non-intimate procedure
- 33 Identifying procedure
- 34 Youth to be provided with copy of report
Division 4--Support persons and authorised officers
- 35 Support person
- 36 Authorised officers
PART 3--DIVERSION OF YOUTH
- 37 Purpose and application of Part
- 38 Definitions
- 38A Meaning of prescribed offence
- 39 Diversion of youth
- 40 Youth and responsible adult must consent to diversion
- 41 Effect of diverting youth
- 42 Extension of limitation period
- 42A Reporting on diversion of youth
- 43 Publication of information of diversion
- 44 No review or appeal
PART 4--YOUTH JUSTICE COURT
- 45 Continuation and constitution
- 46 Exercise of jurisdiction
- 46A Changes in constitution of Court during proceedings
- 47 Registrar of Youth Justice Court
- 48 Where Youth Justice Court may be held
- 49 Proceedings to be in closed court
- 50 Restriction of publication
- 51 Youth in need of protection
PART 5--COURT PROCEEDINGS
Division 1--Jurisdiction and proceedings generally
- 52 Jurisdiction of Youth Justice Court
- 53 Application of other Acts
- 54 Court to deal with matters summarily except in certain cases
- 54A Exception if adult offender would be liable to life imprisonment
- 55 Indictable offence tried summarily if youth consents
- 56 Court may decline to hear and determine charge summarily
- 56A Youth may elect to be tried summarily
- 56B Youth and adult charged – joint preliminary examination
- 57 Referral to Supreme Court for sentencing
- 58 Pleas in summary hearing
- 59 Exclusion of evidence unlawfully obtained
- 60 Points of law may be reserved for consideration of Supreme Court
- 61 Court must explain proceedings to youth
- 62 Legal representation of youth
- 63 Responsible adults to attend court
- 64 Court may refer youth to diversion
- 64A Youth Justice Court may dismiss charges
- 64B Court may order appropriate Agency to enter into family responsibility agreement with parent of youth
- 65 Court may remand youth
Division 2--Reports and submissions
- 66 Enquiry and examination authorised
- 67 Report as to mental condition of youth
- 68 Court may seek submissions or reports
- 69 Court must require pre-sentence report
- 70 Content of pre-sentence report
- 71 Report in certain circumstances
- 72 Court may adjourn for report to be prepared
- 73 Reports to be made available
- 74 Challenge to contents of report
- 75 Protection in relation to report
Division 3--Victim impact statements and victim reports
- 76 Definitions
- 77 Court must consider victim impact statement or victim report
- 78 Victim impact statements
- 79 Victim reports
- 80 Other matters may be addressed
Division 4--Community court sentencing procedure
- 80A Definitions
- 80B Meaning of Aboriginal experience report
- 80C Application for community court sentencing procedure
- 80D Community court sentencing procedure
- 80E Information in Aboriginal experience report and responses of Law and Justice Group
- 80F Rules of Court and practice directions
PART 6--DISPOSITION BY COURT
Division 1--General principles
- 81 Principles and considerations to be applied to youth offenders
- 82 Powers of Supreme Court in sentencing
Division 2--Sentencing options
- 83 Orders Court may make
- 84 Court may order pre-sentencing conference
- 85 Non-parole period
- 86 Fixing non-parole period otherwise than at time of sentencing
- 87 Fixing new non-parole period in respect of multiple sentences
- 88 Court may disqualify youth from holding driving licence
- 89 Restitution
- 89A Court may order family responsibility agreement be entered into
Division 3--Approved programs
- 90 Matters relating to approved programs
Division 4--Good behaviour orders
- 91 Making good behaviour order
Division 5--Fines
- 92 Imposition of fine
Division 6--Community work orders
- 93 Application and purpose of community work orders
- 94 Making community work order
- 95 Duties of youth in carrying out community work order
- 96 Breach of community work order
- 97 CEO may approve projects
Division 7--Suspended sentences
Division 8--Alternative detention orders
- 99 Application
- 100 Making alternative detention order
- 101 Circumstances in which alternative detention order may be made
- 102 Conditions of order
- 103 Procedural matters
- 104 If more than one alternative detention order made
- 110 Breach of alternative detention order
Division 9--Periodic detention orders
- 111 Application
- 112 Making periodic detention order
- 113 Order must specify number of detention or imprisonment periods
- 114 Conditions of order
- 115 Procedural matters
- 116 Order remains in force until served or cancelled
- 117 Warrant of commitment covers all periods
- 118 Youth in lawful custody
- 119 Appropriate authority can vary times
- 120 Youth unfit for detention or imprisonment
Division 10--Breach of order and re-offending during adjournment
Division 11--Miscellaneous matters
- 123 Explanation of orders
- 124 Arrest without warrant if condition breached
- 125 Aggregate sentences of detention or imprisonment
- 126 Detention or imprisonment to be concurrent unless otherwise ordered
- 127 Cumulative orders of detention or imprisonment
- 128 Taking other offences into account
- 129 Sentence of detention or imprisonment may be backdated
- 130 Order of service of sentences of detention or imprisonment
- 131 Further sentence if detainee on parole
- 133 Parents liable for costs of detention
- 134 Forfeiture of bail
- 135 Registrar may disclose name of youth
- 136 Certain findings of guilt not to be mentioned
- 137 Procedure where youth before another court
- 138 Procedure where adult before Youth Justice Court
- 139 Court has jurisdiction
- 140 Referred proceedings valid
PART 6AA--COMMUNITY YOUTH JUSTICE OFFICERS AND MONITORING
Division 1--Community youth justice officers
Division 2--Monitoring
- 140AB Approval of monitoring devices
- 140AC Direction by community youth justice officer
- 140AD CEO may direct use of approved monitoring device
- 140AE Compliance with monitoring order
Division 3--Alcohol and drug testing
- 140AF Prescribed alcohol/drug tests
- 140AG Tampering with test samples
- 140AH Evidentiary matters in relation to prescribed alcohol/drug tests
PART 6A--RESPONSIBLE CARE AND SUPERVISION WITHIN THE FAMILY
Division 1--Preliminary
- 140A Definitions
- 140B Guiding principles
- 140C How Agency acts for the purposes of this Act
- 140CA Relationship of this Part to Court powers
Division 2--Family responsibility agreements
- 140D Power to enter into family responsibility agreement
- 140E Family responsibility agreement
- 140F Family responsibility agreement not to give rise to enforceable obligations
Division 3--Family circumstances
PART 7--RECONSIDERATION AND REVIEW OF SENTENCES AND APPEALS
- 141 Reconsideration of sentence
- 142 Review of sentencing orders
- 143 Court may re-open proceeding to correct sentencing errors
- 144 Appeal to Supreme Court
- 145 Appeal operates as stay
- 146 Single Judge may refer appeal to Full Court
- 147 Powers of Supreme Court on appeal
PART 8--YOUTH DETENTION CENTRES
Division 1--Detention centres
- 148 Approval of youth detention centres
- 149 Admission to detention centre
- 150 Explanation of rights and responsibilities
Division 2--Superintendent
- 151AB Meaning of approved restraints
- 151 Superintendent of detention centre
- 152 Powers of superintendent
- 153 Prohibited actions
- 154 Use of force
- 155 Use of restraint devices
- 155A Separation of detainees
- 155B What happens during separation
- 156 Detainee's right to be heard
- 157 Delegation by superintendent
- 157A Assistance to deal with or prevent emergency
- 158 Register of detainees
- 158A Register of use of approved restraints
Division 3--Detainees
- 159 Sample by buccal swab
- 160 Detainee may be tested for alcohol or illicit drug
- 161 Search of detainees
- 162 At risk detainees
- 163 Complaint
Division 4--Miscellaneous matters
- 164 Detainee who becomes an adult
- 165 Superintendent may permit absence from centre
- 166 Early release by superintendent
- 167 Arrest of unlawfully absent detainee
- 167A Return to custody
- 167B Use of detention centre to accommodate sheriff's detainees
- 168 Inspection of detention centre
- 168A Transfer of detainee to another detention centre
PART 9--OFFICIAL VISITORS
- 169 Appointment of official visitors
- 170 Functions of official visitors
- 171 Frequency of visits
- 172 Official visitors not to interfere
PART 10--MEDICAL TREATMENT FOR DETAINEES
- 173 Access to medical practitioner
- 174 Direction of medical practitioner
- 175 Taking of medical sample
- 176 Detainee may be required to be examined or treated
- 177 CEO can give consent
- 178 Removal to hospital
- 179 Custody of detainee in hospital
- 180 Notification of illness or death
PART 11--INTERSTATE TRANSFER OF DETAINEES AND YOUTHS UNDER SUPERVISION
- 181 Definitions
- 182 Application of Part
- 183 Ministers may agree
- 184 Transfer from Territory
- 185 Transfer from State to Territory
- 186 Reports
- 187 Escort for transfer
- 188 Information to be sent to corresponding Minister
- 189 Sentence transferred
- 190 Order revoked if transferee escapes
- 191 Territory transferee subject to supervision
- 192 Youth subject to supervision in State
PART 12--OFFENCES
- 193 Escaping from detention centre
- 194 Escape of interstate detainee
- 195 Aiding or abetting escapee
- 196 Loitering
- 197 Contraband
- 198 Communication
- 199 Offence to remove youth
- 200 Obstructing or hindering detention centre staff and other officers
- 201 Personation
PART 13--YOUTH JUSTICE ADVISORY COMMITTEE
- 202 Definition
- 203 Establishment
- 204 Functions
- 205 Powers
- 206 Members
- 207 Chairperson
- 208 Term of office
- 209 Vacation of office
- 210 Termination of appointment
- 211 Meetings
- 212 Quorum
- 213 Annual report
PART 14--MISCELLANEOUS MATTERS
- 214 Confidentiality
- 215 Immunity
- 215A Prosecutions
- 215B Civil proceedings
- 216 Delegation by Minister or CEO
- 217 Regulations
PART 15--REPEALS AND TRANSITIONAL MATTERS FOR YOUTH JUSTICE ACT 2005
- 218 Definition
- 219 Repeal of Acts
- 220 Saving of approvals and appointments
- 221 Orders of Juvenile Court
- 222 Proceedings not completed
- 223 Offences committed before commencement of this Act
PART 16--PROVISIONS FOR YOUTH JUSTICE AMENDMENT ACT 2010
- 224 Exercise of jurisdiction under pre-commencement Act
- 225 Matter before Supreme Court at commencement
PART 17--TRANSITIONAL MATTERS
Division 1--Criminal Code Amendment (Criminal Damage) Act 2011
- 226 Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2011
Division 2--Justice and Other Legislation Amendment Act 2014
- 227 Application of section 131 to offences committed before commencement
Division 3--Sentencing Legislation Amendment Act 2015
- 228 Application of amendments
Division 4--Transitional matters for Youth Justice Legislation Amendment Act 2017
- 229 Definitions
- 230 Immunity continues
- 231 Prosecutions may be made by Commissioner of Correctional Services
- 232 Superseded references to certain offices
Division 5--Transitional matters for Youth Justice Legislation Amendment Act 2018
Division 6--Transitional matters for Youth Justice and Related Legislation Amendment Act 2019
- 236 Definitions
- 237 Application of section 215B after commencement
- 238 Application of section 215B before commencement
Division 7--Transitional matters for Sexual Offences (Evidence and Procedure) Amendment Act 2020
- 239 Publications allowed under section 50(2)
- 241 Application of Part 5, Division 4