YOUNG OFFENDERS ACT 1994

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 4 Young offenders reaching
 
• 5 Criminal Procedure Act 2004 overridden
 
• 6A Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

PART 2 -- Objectives and principles  

• 6 Objectives
 
• 7 General principles of juvenile justice
 
• 8 Responsible adults, role of

PART 3 -- Administration

Division 1 -- Chief executive officer  

• 9 Chief executive officer, functions of
 
• 10 Chief executive officer may delegate

Division 2 -- Other officers and employees  

• 11 Officers and employees, appointment of
 
• 11A Duties of all officers and employees
 
• 11B Powers and duties of custodial officers

Division 3 -- Removal of custodial officers due to loss of confidence

• 11CA Terms used
Subdivision 2 -- Removal of custodial officers  
• 11CB Application of Subdivision
 
• 11CC Removal action
 
• 11CD Notice of loss of confidence
 
• 11CE Maintenance payment
 
• 11CF Withdrawal of removal action and revocation of removal
 
• 11CG Resignation of custodial officer who has been removed
Subdivision 3 -- Appeal against removal of custodial officer  
• 11CH Appeal right
 
• 11CI Proceedings on appeal
 
• 11CJ Leave to tender new evidence on appeal
 
• 11CK Opportunity to consider new evidence
 
• 11CL Revocation of removal after consideration of new evidence
 
• 11CM Application of Industrial Relations Act 1979 to appeals
 
• 11CN Adjournment of appeal if appellant charged with offence
 
• 11CO Resumption of appeal before end of adjournment
 
• 11CP Decision by WAIRC
 
• 11CQ Determining amount of compensation
 
• 11CR Restriction on publication
Subdivision 4 -- General  
• 11CS Effect of charge for, or conviction or acquittal of, offence
 
• 11CT Failure to comply with procedure
 
• 11CU Transfer, standing down and leave of custodial officer
 
• 11CV Review of Division

Division 4 -- Management, control, security and wellbeing of young offenders  

• 11C Use of force
 
• 11D Use of restraints
 
• 11E Assistance by prison officers
 
• 11F Assistance by police officers
 
• 12 Departmental and subsidised facilities, establishment of
 
• 13 Detention centres, establishing
 
• 14 Records of young offenders, duty to keep
 
• 15 Records of young offenders, access to
 
• 15A Disclosure of personal information relating to young offenders
 
• 16 Exchange of information
 
• 16A Disclosure authorised
 
• 16B Protection of Commissioner of Police reports that may be withdrawn
 
• 16C Protection of Commissioner of Police reports containing terrorist intelligence information
 
• 16D Protection of terrorist intelligence information in legal proceedings
 
• 17 Confidentiality

Division 5 -- Arrangements with councils of Aboriginal communities  

• 17A Terms used
 
• 17B Community supervision agreement
 
• 17C Appointment of monitor
 
• 17D Compensation for injury

PART 4 -- Young persons in custody before being dealt with for an offence  

• 19 Detention of young persons apprehended by police
 
• 20 Responsible adult to be notified
 
• 21 Young person in custody awaiting trial
 
• 21A Chief executive officer may direct that mandatory transfer does not apply

PART 5 -- Dealing with young offenders without taking court proceedings

Division 1 -- Cautioning  

• 22A Purpose of this Division
 
• 22B Police officer to consider alternatives to court proceedings
 
• 22 Cautions may be given except for Sch. 1 or 2 offences
 
• 23 Cautioning to be preferred in certain cases
 
• 23A Caution certificate to be given
 
• 23B Police officer may retain a thing relating to an offence

Division 2 -- Referral to juvenile justice team  

• 24 Principles
 
• 25 Only certain matters may be referred to teams
 
• 26 Release of young person under arrest
 
• 27 Referral to team by prosecutor
 
• 28 Referral to team by court
 
• 29 First offenders usually should be referred to team
 
• 30 Role of responsible adult
 
• 31 Role of victim
 
• 32 Powers of juvenile justice team
 
• 33 Effect on liability to be dealt with by court
 
• 34 Civil liability not affected

Division 3 -- Juvenile justice teams  

• 35 Terms used
 
• 36 Juvenile Justice Team Coordinator, appointment of
 
• 37 Establishing juvenile justice teams
 
• 37A No representation by lawyer or agent
 
• 38 Decisions to be unanimous
 
• 39 Records to be kept
 
• 40 No report of proceedings to be published

PART 6 -- Court proceedings  

• 41 Preliminary considerations for police before prosecuting
 
• 42 Notice to attend court usually preferable to summons
 
• 43 Notices to attend court, general provisions about
 
• 44 Proceedings to be explained to young persons
 
• 45 Responsible adult may be required to attend court

PART 7 -- Sentencing and related matters

Division 1 -- General  

• 46 Principles and considerations to be applied to young offenders
 
• 46A Application of Sentencing Act 1995
 
• 47 Court may request information
 
• 48 Certain reports required
 
• 49 Remand for observation
 
• 50 Offender aged under 17 at time of sentence, options
 
• 50A Offender aged 17 or over but under 18 at time of sentence, options
 
• 50B Offender aged 18 or over at time of sentence, options
 
• 51 Responsible adult to be present for certain orders
 
• 52 Order requiring consent to be explained
 
• 54 Body samples may be required to be provided
 
• 55 Conviction, when to be recorded
 
• 56 Compensation and restitution, orders for
 
• 57 Costs may be ordered to be paid
 
• 58 Responsible adult may be made liable for fine etc.
 
• 59 Court orders to be provided in writing
 
• 60 Orders etc. under this Part are sentences
 
• 62 Workers’ compensation for compulsory work
 
• 63 Terms used
 
• 64 Enforcing payment by young person who has reached
 
• 65 Enforcing payment by young person who has not reached
 
• 65A Court’s powers to deal with defaulter
 
• 65B Community work order
 
• 65C Detention order

Division 2 -- No punishment and no conditions  

• 66 Court may refrain from punishing in some cases

Division 3 -- No punishment but conditions  

• 67 Undertakings and informal punishment
 
• 68 Adjournment

Division 4 -- No punishment but security or recognisance  

• 69 Recognisance by offender to be of good behaviour etc.
 
• 70 Responsible adult may give security for offender’s good behaviour etc.

Division 5 -- Fine  

• 71 Fine instead of imprisonment
 
• 72 Offender must be able to pay

Division 6 -- Youth community based order  

• 73 Youth community based order, nature of
 
• 74 Offender must be suitable and consent
 
• 75 Proposed agenda required for suitable person
 
• 76 Duration of order
 
• 77 Supervising officer
 
• 78 Conditions implied in order
 
• 79 Obligations under order may be suspended
 
• 80 Amendment of order, extent of power
 
• 81 Amendment of order
 
• 82 Breach of order, CEO may require offender to attend court
 
• 83 Breach of order, powers to deal with
 
• 84 Breach of order by re-offending, new order may be made
 
• 85 Discharge or fulfillment of order, effect of
 
• 86 Proof of identity in proceedings for breach of order
 
• 87 Notice of court applications
Subdivision 1 -- Attendance conditions  
• 88 Requirement to attend courses
Subdivision 2 -- Community work conditions  
• 89 Requirement to perform unpaid work
 
• 90 Conditions cannot be imposed on child under
 
• 91 Community work, minimum and maximum hours of
 
• 92 Offender to attend before Departmental officer
 
• 93 Performing the work
 
• 94 Regulations relating to community work conditions
Subdivision 3 -- Supervision conditions  
• 95 Requirement to be supervised
 
• 96 Duration of supervision
 
• 97 Changing duration of supervision

Division 7 -- Intensive youth supervision order  

• 98 Intensive youth supervision order, nature of
 
• 99 Order may be made with or without custodial sentence
 
• 100 Order without custodial sentence
 
• 101 Order with custodial sentence (conditional release order)
 
• 102 Conditional release order to include agenda of conditions
 
• 103 Offender must be suitable and consent
 
• 104 Agenda proposal required for suitable person
 
• 105 Conditional release order, duration of
 
• 106 Conditional release order may relate to several sentences
 
• 107 Conditional release not to exceed 12 months
 
• 108 Supervising officer
 
• 109 Conditional release order, implied conditions of
 
• 109A Conditional release order: specified places
 
• 109B Conditional release order: devices
 
• 110 Obligations under order may be suspended
 
• 111 Amendment of order, extent of power
 
• 112 Amendment or cancellation of order
 
• 113 Breach of order, CEO may require offender to attend court
 
• 114 Breach of order, powers to deal with
 
• 115 Conditional release order, effect of expiry of
 
• 116 Cancellation of conditional release order, effect of
 
• 117 Notice of court applications

Division 8 -- Custodial sentence  

• 118 Sentencing for offences punishable by imprisonment
 
• 118A Where sentence of imprisonment to be served
 
• 119 Taking time on remand into account
 
• 119A Effect of not being in custody
 
• 120 Custodial sentence is sentence of last resort
 
• 121 Minimum period before release from detention
 
• 122 Aggregation of multiple sentences of detention
 
• 123 Cumulative sentences of detention, service of

Division 9 -- Dealing with young person who repeatedly commits serious offences  

• 124 When this Division applies
 
• 125 Protection of the community paramount
 
• 126 Special order, making of
 
• 127 Special order, time of operation
 
• 128 Special order, effect of
 
• 129 Special order, application to discharge
 
• 130 Special order, effect of expiry of

PART 8 -- Supervised release orders

Division 1 -- Definitions  

• 131 Terms used

Division 2 -- The order  

• 132 Supervised release order, Board may make
 
• 133 Supervised release order, when can be made
 
• 134 Duration of order
 
• 135 Order may relate to more than one sentence
 
• 136 Conditions implied in order
 
• 136A Express conditions: specified places
 
• 136B Express conditions: devices
 
• 137 Effect of proposed order to be explained to offender
 
• 138 Order to be provided in writing
 
• 139 Supervising officer
 
• 140 Obligations under order may be suspended
 
• 141 Amendment of order, extent of power
 
• 142 Amendment or cancellation of order
 
• 142A Cancellation automatic in case of offender with links to terrorism
 
• 142B Supervised release order, when cancellation under s. 142A takes effect
 
• 143 Cancellation of certain obligations after 6 months’ release
 
• 144 Breach of order other than by re-offending, report to CEO
 
• 145 Courts to notify Board and CEO of re-offending
 
• 146 Report to be provided when referring matter to Board
 
• 147 Breach of order, how Board may deal with
 
• 147A Offending while on supervised release order: automatic cancellation
 
• 148 Compliance with order, effect of
 
• 149 Suspension or cancellation of order, effect of
 
• 150 Cancellation of order after offender reaches

Division 2A -- Offenders with links to terrorism or subject to Commissioner of Police reports

• 150A Release considerations
Subdivision 2 -- Supervised release orders in cases of offenders with links to terrorism  
• 150B References to Board
 
• 150C Making supervised release orders
 
• 150D Commissioner of Police reports
 
• 150E Withdrawing Commissioner of Police reports
Subdivision 3 -- Supervised release orders for other offenders subject to Commissioner of Police reports  
• 150F Releasing offender subject to Commissioner of Police report under supervised release order
Subdivision 4 -- Review  
• 150G Review of Division

Division 3 -- The Supervised Release Review Board  

• 151 Board established
 
• 152 Board members
 
• 153 Term of office
 
• 154 Alternate members
 
• 155 Remuneration and allowances
 
• 156 Meetings
 
• 157 Quorum
 
• 158 Presiding at meetings
 
• 159 Board may request reports
 
• 160 Determination of questions
 
• 161 Procedure
 
• 162 Board may reconsider its decision
 
• 163 Rules of natural justice excluded
 
• 164 Judicial notice of Board’s documents
 
• 165 Annual report
 
• 165A Information to be excluded from annual reports

PART 9 -- Detention centres  

• 166 Appointment of visiting justices
 
• 168 Visiting justices, functions of
 
• 169 Right of certain persons to enter detention centre
 
• 169A Investigation of alleged incident at detention centre
 
• 170 Detention offences
 
• 171 Detention offence charge, procedure on
 
• 172 Visiting justice may deal with referred charges
 
• 173 Detention offences, dealing with
 
• 174 Detention offence charges, hearing of
 
• 175 Visiting justice may direct prosecution for detention offence
 
• 176 Early discharge from detention
 
• 178 Transfer of offender who is 16 or 17 years old from detention centre to prison
 
• 178A Transfer of offender who has reached age of 18 years from detention centre to prison
 
• 178B Chief executive officer may direct that mandatory transfer does not apply
 
• 179 Medical treatment, removal for
 
• 180 Death of detainee, coroner to investigate
 
• 181 Rules for detention centres, CEO may make

PART 10 -- Miscellaneous  

• 182 Protection from legal liability
 
• 183 Order to be defence to actions
 
• 184 CEO may give consent in relation to detainee
 
• 185 Minister may make certain payments
 
• 186 Officer of Department may conduct cases
 
• 187 Certificate of superintendent to be evidence
 
• 188 Person having charge of detainee has legal custody
 
• 189 Certain offenders to be regarded as not convicted
 
• 190 Disclosure of certain convictions
 
• 191 Unlawfully communicating with detainee
 
• 192 Unlawfully remaining in detention centre
 
• 193 Escape from custody
 
• 193A Arrest warrant may be issued if warrant of commitment in force
 
• 194 Personating an officer
 
• 195 General penalty
 
• 196 Regulations
 
• 197 Delegation of prescribed functions
 
• 197A Delegation by Commissioner of Police

PART 11 -- Amendment of certain other Acts and transitional provisions

Division 3 -- Transitional provisions

• 231 Interpretation Act 1984 applies
 
• 232 Orders for past matters
 
• 233 Orders under former provisions
 
• 234 Detention centres under Child Welfare Act 1947
 
• 235 Proceedings pending before children’s panels
Subdivision 2 -- Transitional provisions for Young Offenders Amendment Act 2023  
• 235A Term used: commencement day
 
• 235B Young persons in detention on commencement day who have reached age of 18 years
 
• 235C Offenders in detention on commencement day who have reached age of 18 years
 
• 235D Applications not yet determined taken to be withdrawn

Division 4 -- Miscellaneous  

• 237 Review of Act
• SCHEDULE 1 -- Schedule 1 offences
• SCHEDULE 2 -- Schedule 2 offences
• SCHEDULE 3 -- Adaptations for community work in default of payment