Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- Act 81 of 1997
- Royal Assent 14 January 1998
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3. Interpretation
4. 4. Objectives of Act
5. 5. General principles of youth justice
6. 6. Determining age
PART 2 - Diverting youths from court system Division 1 -
Preliminary
7. 7. Purpose of Part 2
Division 2 - Diversionary procedure by police
8. 8. Informal caution
9. 9. More formal proceedings
10. 10. Formal caution
11. 11. Caution administered by Aboriginal Elder or representative
12. 12. Caution administered by community representative
Division 3 - Community conferences
13. 13. Notifying Secretary that community conference required
14. 14. Convening of community conference
15. 15. Constitution of and attendance at community conference
16. 16. Powers of community conference
17. 17. Procedure at community conference
18. 18. Concluding community conference
19. 19. Procedure after community conference
20. 20. Liability of youth to be prosecuted
Division 4 - Provisions of general application
21. 21. Instructions by Commissioner of Police
22. 22. Confidentiality
22A. 22A. Forfeiture of articles used in commission of offences
PART 3 - Arrest and custody of suspected offenders
23. 23. Application of general law
24. 24. Limit on power to arrest
25. 25. How youth is to be dealt with if not granted bail
PART 4 - Court proceedings against a youth Division 1 - Commencing
proceedings
26. 26. Commencing proceedings
27. 27. Limitation on joint charge
27A. 27A. Taking plea if joint charge
28. 28. Limitation on power of Court to hear joint charge
29. 29. Duty of Court
Division 2 - Confidentiality of proceedings
30. 30. Persons who may be present in Court
31. 31. Restrictions on reporting proceedings
Division 3 - Proceedings after guilt is established
32. 32. Application of Division 3
33. 33. Presentence report
33A. 33A. Court may order rehabilitation program assessment
34. 34. Disclosure of presentence report
35. 35. Presentence report evidence
36. 36. Disputed presentence report
Division 4 - Court-ordered community conferences
37. 37. Court may order community conference
38. 38. Convening of community conference
39. 39. Constitution of, attendance and procedure at, powers of and
finalising of community conference
40. 40. Procedure after successful community conference
41. 41. Dismissal of charge
42. 42. Procedure after unsuccessful community conference
43. 43. Failure to fulfil undertaking
44. 44. Requiring community conference facilitator to attend Court
45. 45. Confidentiality of community conference
Division 5 - Sentences
46. 46. Application and interpretation of certain sentence provisions
47. 47. Sentences and other orders that may be imposed
48. 48. Limitations on imposing sentences
49. 49. Recording conviction
49A. 49A. Court may impose single, general or mixed sentence
50. 50. Youth entitled to explanation of Court order
Division 6 - Undertakings to be of good behaviour
51. 51. Undertaking to be of good behaviour
52. 52. Limitation on requiring undertaking to be of good behaviour
53. 53. Contravention of undertaking to be of good behaviour
Division 7 - Release and adjournment orders
54. 54. Release and adjournment order
55. 55. Review of release and adjournment order
56. 56. Contravention of release and adjournment order
Division 8 - Fines
57. 57. Amount of fine
58. 58. Financial circumstances of youth to be considered
59. 59. Time for payment or payment by instalments
60. 60. Alteration of time for, or method of, paying fine
61. 61. Failure to pay fine or instalment
62. 62. Court proceeding for failure to pay fine
63. 63. Community service instead of fine
64. 64. Proceedings under Magistrates Court (Civil Division) Act 1992
to recover fine
Division 9 - Probation
65. 65. Probation order
66. 66. Period of probation order
67. 67. Review of probation order
68. 68. Contravention of probation order
Division 10 - Community service orders
69. 69. Community service order
70. 70. Preconditions for making community service order
71. 71. Multiple community service orders
72. 72. Limitation on number of hours of community service
73. 73. Community service to be performed within limited period
74. 74. Community service may only involve certain kinds of work
75. 75. Obligations and powers of assigned youth justice worker
76. 76. Review of community service order, &c.
77. 77. Contravention of community service order
78. 78. Ending of community service order
Division 11 - Detention orders
79. 79. Detention order
80. 80. Preconditions for making detention order
81. 81. Period of detention
82. 82. Warrant for detention
83. 83. Commencement of detention
84. 84. Detention orders ordinarily concurrent
85. 85. Court may order detention period to be cumulative
86. 86. Limitation on cumulative orders
87. 87. Period of escape or release pending appeal not counted as
detention
88. 88. Multiple orders of detention and imprisonment against person
as adult and youth
89. 89. Period of custody on remand to be treated as detention on
sentence
Division 12 - Suspended detention orders
90. 90. Suspended detention order
91. 91. Period of suspension
92. 92. Effect of suspended detention order
93. 93. Review of suspended detention order
94. 94. Contravention of suspended detention order
Division 13 - Restitution
95. 95. Restitution order
96. 96. Preconditions for restitution order
97. 97. Enforcement of restitution order
Division 14 - Compensation
98. 98. Compensation order
99. 99. Preconditions for compensation order
Division 14A - Failure to undertake rehabilitation program
99A. 99A. Contravention of rehabilitation program order
Division 15 - Miscellaneous
100. 100. Sentence order to be written
100A. 100A. Correction of sentence or order
100B. 100B. Sentencing by different magistrate
101. 101. Copy of certain Court orders to be provided to youth,
guardian and Secretary
102. 102. Court may order attendance of guardian
103. 103. Effect of youth attaining 18 or more years, &c.
104. 104. Adjournment to determine youth protection matters
105. 105. Adjournment to determine mental health or disability of
youth
106. 106. Copy of complaint, summons and application to be served on
person having legal custody of youth
107. 107. Sanctions, &c., available to other courts
107A. 107A. Contravention of section 47 order made by other court
108. 108. Restrictions on reporting proceedings of other courts
108A. 108A. Sentence, &c., not invalidated by non-compliance with
procedural requirements
PART 5 - Supervised release orders
108B. 108B. Application of Part 5
109. 109. Right to be released
110. 110. Supervised release order
111. 111. Supervised release order subject to conditions
112. 112. Effect of proposed supervised release order to be explained
113. 113. Supervised release order, &c., to be provided in writing
114. 114. Temporary suspension of obligations under supervised release
order
115. 115. Cancellation of obligations after 6 months' release
116. 116. Courts to notify Secretary if further offence committed
117. 117. Contravention of supervised release order other than by
further offence punishable by detention or imprisonment
118. 118. Appeal against suspension or cancellation of supervised
release order
119. 119. Contravention of supervised release order by further offence
punished by detention or imprisonment
120. 120. Effect of suspension or cancellation of supervised release
order
121. 121. Effect of suspension or cancellation of supervised release
order after youth reaches 19 years
122. 122. Effect of satisfying supervised release order
PART 6 - Detention centres Division 1 - Establishment and management
of detention centres
123. 123. Establishment or abolition of detention centre
124. 124. Management of detention centre
Division 2 - Admission to detention centres
125. 125. Where youth is to be detained
126. 126. Authority for admission to detention centre
127. 127. Explanation of rights and responsibilities on admission to
detention centre
128. 128. Provision of instructions on admission to detention centre
Division 3 - Treatment of detainees, &c.
129. 129. Rights of detainee
130. 130. Leave from detention centre
131. 131. Search of detainee and possessions
132. 132. Prohibited actions
133. 133. Isolation
133A. 133A. Secretary may allow police to visit detainee in connection
with police investigation
133B. 133B. Secretary may allow temporary removal of detainee in
connection with police investigation
133C. 133C. Court may authorise temporary removal of detainee in
connection with police investigation
133D. 133D. Other police powers unaffected
134. 134. Secretary may authorise medical treatment, &c.
134A. 134A. Removal of detainee to secure mental health unit
134B. 134B. Appeal against direction under section 134A
135. 135. Refusal of ordinary visitor, &c.
136. 136. Protection of legal practitioner representing detainee
Division 4 - Complaints
137. 137. Right to make complaint
138. 138. Complaint procedure
Division 5 - Offences relating to detention
139. 139. Detention offences
140. 140. Dealing with detention offence
141. 141. Court proceedings for detention offence
142. 142. Effect of change of earliest release date
143. 143. Offences in respect of escape of detainee
144. 144. Offences in respect of detention centres
Division 6 - Miscellaneous
145. 145. Child of detainee
146. 146. Registration of birth of child of detainee
146A. 146A. Treatment of youth in prison and prisoner in detention
centre
146B. 146B. Delegation by detention centre manager
PART 7 - Interstate transfer of certain offenders
147. 147. Application of Part 7
148. 148. Minister may enter into transfer agreement
149. 149. Secretary may make transfer arrangement
150. 150. Transfer arrangement for transfer out of Tasmania
151. 151. Transfer arrangement for transfer to Tasmania
152. 152. Detail to be included in each transfer arrangement
153. 153. Transfer order made under a transfer arrangement
154. 154. Transfer to Tasmania in custody of escort
155. 155. Reports
156. 156. Transfer of sentence or order in case of offender to whom
this Part applies
157. 157. Sentence, &c., taken to have been imposed in this State
158. 158. Revocation of order of transfer by consent
PART 8 - Magistrates Court (Youth Justice Division)
159. 159. Establishment of Youth Justice Division of Magistrates Court
160. 160. Composition of Court
161. 161. Jurisdiction of Court
162. 162. Time of sittings
163. 163. Proceedings generally
PART 9 - Miscellaneous
164. 164. Lack of jurisdiction discovered during proceedings
165. 165. Delegation
166. 166. Evidentiary matters
166A. 166A. Youth justice workers
167. 167. Appointment of facilitators
168. 168. Regulations
169. 169. Administration of Act
[ Note: This table has been automatically generated and may be incomplete. ]