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YOUNG OFFENDERS ACT 1994

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

              Subdivision 1 -- Preliminary  

   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

              Subdivision 1 -- Preliminary  

   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

              Subdivision 1 -- General  

   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