YOUTH JUSTICE ACT 1997

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Objectives of Act
• 5 General principles of youth justice
• 5A Inconsistency with Mental Health Act 2013
• 6 Determining age
• 6A Activities that may be performed as community service

PART 2 - Diverting youths from court system Division 1 -

• 7 Purpose of Part 2

Division 2 - Diversionary procedure by police

• 8 Informal caution
• 9 More formal proceedings
• 10 Formal caution
• 11 Caution administered by Aboriginal Elder or representative
• 12 Caution administered by community representative
• 12A Where undertakings in formal caution not substantially fulfilled

Division 3 - Community conferences

• 13 Notifying Secretary that community conference required
• 14 Convening of community conference
• 15 Constitution of and attendance at community conference
• 16 Powers of community conference
• 17 Procedure at community conference
• 18 Concluding community conference
• 19 Procedure after community conference
• 20 Liability of youth to be prosecuted

Division 4 - Provisions of general application

• 21 Instructions by Commissioner of Police
• 22 Confidentiality
• 22A Forfeiture of articles used in commission of offences

PART 3 - Arrest, search, bail and custody of youth Division 1 -

• 23 Application of general law

Division 2 - Power of arrest and bail

• 24 Limit on power to arrest
• 24A Duties of police officer where youth arrested
• 24B Conditions of bail
• 24C Breach of condition of bail
• 25 How youth is to be dealt with if not granted bail

Division 3 - Searches

• 25A Interpretation of Division 3
• 25B Searches to which this Division applies
• 25C Persons who may conduct searches of youths
• 25D Requirements as to gender of search officer conducting search,
&c.
• 25E Conduct of searches
• 25F Relevant search purposes
• 25G Determination of least intrusive type and manner of search
• 25H Information to be given to youth before search conducted
• 25I Seizure of articles found during searches
• 25J Reporting of use of force
• 25K Register of searches
• 25L Provision of information

PART 4 - Court proceedings against a youth Division 1 - Commencing

• 26 Commencing proceedings
• 27 Limitation on joint charge
• 27A Taking plea if joint charge
• 28 Limitation on power of Court to hear joint charge
• 29 Duty of Court

Division 2 - Confidentiality of proceedings

• 30 Persons who may be present in Court
• 31 Restrictions on reporting proceedings

Division 3 - Proceedings after guilt is established

• 32 Application of Division 3
• 33 Presentence report
• 33AA Court may request oral presentence report
• 33A Court may order rehabilitation program assessment
• 34 Disclosure of presentence report
• 35 Presentence report evidence
• 36 Disputed presentence report
• 36A Victim impact statements

Division 4 - Court-ordered community conferences

• 37 Court may order community conference
• 38 Convening of community conference
• 39 Constitution of, attendance and procedure at, powers of and
finalising of community conference
• 40 Procedure after successful community conference
• 40A Additional requirements for court-ordered community conference
• 41 Dismissal of charge
• 42 Procedure after unsuccessful community conference
• 43 Failure to fulfil undertaking
• 44 Requiring community conference facilitator to attend Court
• 45 Confidentiality of community conference

Division 5 - Sentences

• 46 Application and interpretation of certain sentence provisions
• 47 Sentences and other orders that may be imposed
• 48 Limitations on imposing sentences
• 49 Recording conviction
• 49A Court may impose single, general or mixed sentence
• 50 Youth entitled to explanation of Court order

Division 6 - Undertakings to be of good behaviour

• 51 Undertaking to be of good behaviour
• 52 Limitation on requiring undertaking to be of good behaviour
• 53 Contravention of undertaking to be of good behaviour

Division 7 - Release and adjournment orders

• 54 Release and adjournment order
• 54A Discharge of release and adjournment order
• 55 Review of release and adjournment order
• 56 Contravention of release and adjournment order

Division 7A - Deferral of sentencing

• 56A When sentence may be deferred under section 47(1)(j)
• 56B Grant of bail and review
• 56C Amendment of date of order deferring sentencing of youth
• 56D When order deferring sentence may be revoked

Division 8 - Fines

• 57 Amount of fine
• 58 Financial circumstances of youth to be considered
• 59 Time for payment or payment by instalments
• 60 Alteration of time for, or method of, paying fine
• 61 Failure to pay fine or instalment
• 62 Court proceeding for failure to pay fine
• 63 Community service instead of fine
• 64 Proceedings under Magistrates Court (Civil Division) Act 1992 to
recover fine

Division 9 - Probation

• 65 Probation order
• 66 Period of probation order
• 67 Review of probation order
• 68 Contravention of probation order

Division 10 - Community service orders

• 69 Community service order
• 70 Preconditions for making community service order
• 71 Multiple community service orders
• 72 Limitation on number of hours of community service
• 73 Community service to be performed within limited period
• 74 Section 74
• 75 Obligations and powers of assigned youth justice worker
• 76 Review of community service order, &c.
• 77 Contravention of community service order
• 78 Ending of community service order

Division 11 - Detention orders

• 79 Detention order
• 80 Preconditions for making detention order
• 81 Period of detention
• 82 Warrant for detention
• 83 Commencement of detention
• 84 Detention orders ordinarily concurrent
• 85 Court may order detention period to be cumulative
• 86 Limitation on cumulative orders
• 87 Period of escape or release pending appeal not counted as detention
• 88 Multiple orders of detention and imprisonment against person as adult
and youth
• 89 Period of custody on remand to be treated as detention on sentence
• 89A Detention order to specify earliest release date

Division 12 - Suspended detention orders

• 90 Suspended detention order
• 91 Period of suspension
• 92 Effect of suspended detention order
• 93 Review of suspended detention order
• 94 Contravention of suspended detention order

Division 13 - Restitution

• 95 Restitution order
• 96 Preconditions for restitution order
• 97 Enforcement of restitution order

Division 14 - Compensation

• 98 Compensation order
• 99 Preconditions for compensation order

Division 14A - Failure to undertake rehabilitation program

• 99A Contravention of rehabilitation program order

Division 15 - Miscellaneous

• 100 Sentence order to be written
• 100A Correction of sentence or order
• 100B Sentencing by different magistrate
• 101 Copy of certain Court orders to be provided to youth, guardian and
Secretary
• 102 Court may order attendance of guardian
• 103 Effect of youth attaining 18 or more years, &c.
• 104 Adjournment to determine youth protection matters
• 105 Adjournment to determine mental health or disability of youth
• 106 Copy of complaint, summons and application to be served on person
having legal custody of youth
• 107 Sanctions, &c., available to other courts
• 107A Contravention of section 47 order made by other court
• 108 Restrictions on reporting proceedings of other courts
• 108A Sentence, &c., not invalidated by non-compliance with procedural
requirements

PART 5 - Supervised release orders

• 108B Application of Part 5
• 109 Right to be released
• 110 Supervised release order
• 111 Supervised release order subject to conditions
• 112 Effect of proposed supervised release order to be explained
• 113 Supervised release order, &c., to be provided in writing
• 114 Temporary suspension of obligations under supervised release order
• 115 Cancellation of obligations after 6 months' release
• 116 Courts to notify Secretary if further offence committed
• 117 Contravention of supervised release order other than by further
offence punishable by detention or imprisonment
• 118 Section 118
• 119 Contravention of supervised release order by further offence punished
by detention or imprisonment
• 120 Effect of cancellation of supervised release order
• 121 Effect of cancellation of supervised release order after youth
reaches 19 years
• 122 Effect of satisfying supervised release order

PART 6 - Detention centres Division 1 - Establishment and management

• 123 Establishment or abolition of detention centre
• 124 Management of detention centre
• 124A Appointment of detention centre manager

Division 2 - Admission to detention centres

• 125 Where youth is to be detained
• 126 Authority for admission to detention centre
• 127 Explanation of rights and responsibilities on admission to detention
centre
• 128 Provision of instructions on admission to detention centre

Division 3 - Treatment of detainees, &c.

• 129 Rights of detainee
• 130 Leave from detention centre
• 131 Search of facility and possessions of detainee
• 132 Prohibited actions
• 133 Isolation
• 133A Secretary may allow police to visit detainee in connection with
police investigation
• 133B Secretary may allow temporary removal of detainee in connection with
police investigation
• 133C Court may authorise temporary removal of detainee in connection with
police investigation
• 133D Other police powers unaffected
• 134 Secretary may authorise medical treatment, &c.
• 134A Removal of detainee to secure mental health unit
• 134B Appeal against direction under section 134A
• 135 Refusal of ordinary visitor, &c.
• 135A Access to detainee by prescribed officer
• 136 Protection of legal practitioner representing detainee

Division 4 - Complaints

• 137 Right to make complaint
• 138 Complaint procedure

Division 5 - Offences relating to detention

• 139 Detention offences
• 140 Dealing with detention offence
• 141 Court proceedings for detention offence
• 142 Effect of change of earliest release date or next release date
• 143 Offences in respect of escape of detainee
• 144 Offences in respect of detention centres

Division 6 - Miscellaneous

• 145 Child of detainee
• 146 Registration of birth of child of detainee
• 146A Treatment of youth in prison and prisoner in detention centre
• 146B Delegation by detention centre manager

PART 7 - Interstate transfer of certain offenders

• 147 Application of Part 7
• 148 Minister may enter into transfer agreement
• 149 Secretary may make transfer arrangement
• 150 Transfer arrangement for transfer out of Tasmania
• 151 Transfer arrangement for transfer to Tasmania
• 152 Detail to be included in each transfer arrangement
• 153 Transfer order made under a transfer arrangement
• 154 Transfer to Tasmania in custody of escort
• 155 Reports
• 156 Transfer of sentence or order in case of offender to whom this
Part applies
• 157 Sentence, &c., taken to have been imposed in this State
• 158 Revocation of order of transfer by consent

PART 8 - Magistrates Court (Youth Justice Division)

• 159 Establishment of Youth Justice Division of Magistrates Court
• 160 Composition of Court
• 161 Jurisdiction of Court
• 161A Court may impose certain sentences under Sentencing Act 1997
• 162 Time of sittings
• 163 Proceedings generally

PART 9 - Miscellaneous

• 164 Lack of jurisdiction discovered during proceedings
• 165 Delegation
• 166 Evidentiary matters
• 166A Youth justice workers
• 167 Appointment of facilitators
• 167A Protection against prosecution in relation to certain disclosures of
information
• 168 Regulations
• 169 Administration of Act

[ Note: This table has been automatically generated and may be incomplete. ]