Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Young Offenders
Act 1994 and includes the amendments made by the other written laws
referred to in the following table 1a, 6, 7, 8. The
table also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
104 of 1994 |
11 Jan 1995 |
s. 1 and 2: 11 Jan 1995;
|
|
|
Criminal Law Amendment Act 1994 s. 13(6)
and 20 |
82 of 1994 |
23 Dec 1994 |
s. 13(6): 20 Jan 1995 (see
s. 2(3)); |
|
Acts Amendment (Fines, Penalties and Infringement
Notices) Act 1994 Pt. 22 |
92 of 1994 |
23 Dec 1994 |
11 Jan 1995
(see s. 2(2)) |
|
Sentencing (Consequential Provisions) Act 1995
Pt. 86 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Coroners Act 1996 s. 61 |
2 of 1996 |
24 May 1996 |
7 Apr 1997 (see s. 2 and Gazette
18 Mar 1997 p. 1529) |
|
Mental Health (Consequential Provisions)
Act 1996 Pt. 22 |
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) |
|
Reprint of the Young Offenders Act 1994 as at
26 Nov 1996 (includes amendments listed above except those in the
Coroners Act 1996 and the Mental Health (Consequential
Provisions) Act 1996) |
|||
|
Criminal Law Amendment Act (No. 2) 1998
Pt. 7 |
29 of 1998 |
6 Jul 1998 |
3 Aug 1998 |
|
Police Amendment Act 1998
Pt. 3 |
47 of 1998 |
19 Nov 1998 |
5 Dec 1998 (see s. 2 and Gazette
4 Dec 1998 p. 6447) |
|
School Education Act 1999
s. 247 |
36 of 1999 |
2 Nov 1999 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7904) |
|
Court Security and Custodial Services (Consequential
Provisions) Act 1999 Pt. 12 |
47 of 1999 |
8 Dec 1999 |
18 Dec 1999 (see s. 2 and Gazette
17 Dec 1999 p. 6175-6) |
|
Prostitution Act 2000
s. 64 |
17 of 2000 |
22 Jun 2000 |
29 Jul 2000 (see s. 2 and Gazette
28 Jul 2000 p. 3987) |
|
50 of 2000 |
28 Nov 2000 |
1 Jan 2001 (see s. 2 and Gazette
29 Dec 2000 p. 7903) |
|
|
Reprint of the Young Offenders Act 1994 as at
8 Dec 2000 (includes amendments listed above except those in the
School Education Act 1999 and the Protective Custody
Act 2000) |
|||
|
Criminal Law Amendment Act 2001
s. 10(4) |
23 of 2001 |
26 Nov 2001 |
24 Dec 2001 |
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 29(3) and 104 |
50 of 2003 |
9 Jul 2003 |
s. 29(3): 31 Aug 2003 (see s. 2 and
Gazette 29 Aug 2003
p. 3833); |
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 73 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Inspector of Custodial Services Act 2003
s. 56(1) 9 |
75 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Criminal Code Amendment Act 2004 s. 24
and 26 |
4 of 2004 |
23 Apr 2004 |
21 May 2004 (see s. 2) |
|
Sentencing Legislation Amendment Act 2004
s. 17 |
27 of 2004 |
14 Oct 2004 |
31 May 2006 (see s. 2 and Gazette
30 May 2006 p. 1965) |
|
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette
14 Feb 2006 p. 695) |
|
|
Workers’ Compensation Reform Act 2004
s. 174 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
Young Offenders Amendment Act 2004 10
|
58 of 2004 |
22 Nov 2004 |
s. 1 and 2: 22 Nov 2004;
|
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Misuse of Drugs Amendment Act 2004
s. 9(4) |
62 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
10 Dec 2004 p. 5965) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 Pt. 15, s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 3: The Young Offenders Act 1994 as at
15 Jul 2005 (includes amendments listed above except those in the
Sentencing Legislation Amendment Act 2004 and the Children and
Community Services Act 2004) |
|||
|
Parole and Sentencing Legislation Amendment Act 2006
Pt. 5 |
41 of 2006 |
22 Sep 2006 |
28 Jan 2007 (see s. 2 and Gazette
29 Dec 2006 p. 5867) |
|
Prisons and Sentencing Legislation Amendment
Act 2006 Pt. 13 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette
3 Apr 2007 p. 1491) |
|
Road Traffic Amendment (Drugs) Act 2007
Pt. 3 |
6 of 2007 |
23 May 2007 |
12 Oct 2007 (see s. 2 and Gazette
11 Oct 2007 p. 5475) |
|
Road Traffic Amendment Act (No. 2) 2007
Pt. 3 |
39 of 2007 |
21 Dec 2007 |
15 Mar 2008 (see s. 2(k) and Gazette
14 Mar 2008 p. 829) |
|
Acts Amendment (Justice) Act 2008 s. 132
|
5 of 2008 |
31 Mar 2008 |
31 Jul 2008 (see s. 2(d) and Gazette
11 Jul 2008 p. 3253) |
|
14 of 2008 |
15 Apr 2008 |
28 Mar 2009 (see s. 2 and Gazette
27 Mar 2009 p. 917) |
|
|
Legal Profession Act 2008
s. 714 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p.
4989) |
|
|
Criminal Law Amendment (Homicide) Act 2008
s. 41 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette
22 Jul 2008 p. 3353) |
|
Reprint 4: The Young Offenders Act 1994 as at
2 Jan 2009 (includes amendments listed above except those in the Legal
Profession Act 2008 and the Parental Support and Responsibility
Act 2008) |
|||
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Prostitution Amendment Act 2008
s. 36 11 |
13 of 2008 |
14 Apr 2008 |
To be proclaimed (see s. 2(b)) |
2 The provisions in this Act amending those Acts have been
omitted under the Reprints Act 1984 s. 7(4)(e).
3 Formerly referred to the Workers’ Compensation and
Rehabilitation Act 1981 the short title of which was changed to the
Workers’ Compensation and Injury Management Act 1981 by
the Workers’ Compensation Reform Act 2004 s. 5. The
reference was changed under the Reprints Act 1984
s. 7(3)(gb).
4 The Criminal Code s. 666 was repealed by the
Sentencing (Consequential Provisions) Act 1995 s. 26.
5 The Criminal Code s. 390B was repealed by the
Criminal Law Amendment (Simple Offences) Act 2004 s. 26.
6 The Criminal Law Amendment Act 1996 Pt. 6 did not
come into operation and was repealed by the Criminal Law Amendment Act (No.
2) 1998 s. 7.
7 The Sentencing Legislation Amendment and Repeal
Act 1999 s. 26 did not come into operation and was repealed by the
Sentencing Legislation Amendment and Repeal Act 2003
s. 31.
8 The Sentencing Amendment Act 2000 Pt. 2 Div. 2
did not come into operation and was repealed by the Sentencing
Legislation Amendment and Repeal Act 2003 s. 32.
9 The Inspector of Custodial Services Act 2003
s. 56(1), which gives effect to Sch. 2, reads as follows:
56. Consequential amendments to other Acts
and regulations
(1) Schedule 2 has effect.
”.
Schedule 2 cl. 7(3) reads as follows:
“
Schedule 2 — Consequential
amendments to Acts and regulations
(3) A person who, immediately before the commencement of this Act, was a
person who had been appointed by the Governor, under the Young Offenders
Act 1994 section 166, to be a visiting justice is to be regarded,
on and from the commencement, as a person who is appointed by the Minister,
under the Young Offenders Act 1994 section 166, as a visiting
justice on the same terms and conditions as applied to the person’s
appointment by the Governor.
”.
10 The Young Offenders Amendment Act 2004
s. 6(3), which gives effect to Sch. 1, reads as follows:
“
6. Section 11
amended and transitional
(3) Schedule 1 has effect.
”.
Schedule 1 reads as follows:
“
Schedule 1 —
Transitional
[s. 6(3)]
1. Interpretation
In this Schedule —
commencement means the day fixed as the day on which
section 6 of this Act comes into operation;
principal Act means the Young Offenders
Act 1994.
2. Conditions of employment of “group workers” on
commencement to continue
(1) A person who was paid by the Department as a custodial officer with
primarily non-administrative functions (group worker) immediately
before commencement is, on commencement, to be taken to be appointed by the
chief executive officer under section 11(1a)(a) of the principal Act (as
amended by this Act), on the same terms and conditions, including as to
remuneration, as those which applied to the person immediately before
commencement.
(2) A person to whom subclause (1) applies retains all existing and
accruing rights and benefits as if the person’s employment, for the
purposes of the principal Act, were a continuation of the person's employment
immediately before commencement.
3. Conditions of employment of other employees and officers on
commencement to continue
(1) A person who was appointed by the Minister under the Act as an
overseer, or as an officer or employee without custodial functions, before
commencement, and who is still employed immediately before commencement, is to
be regarded, on commencement, as having been appointed by the chief executive
officer under section 11(1a)(b) of the principal Act (as amended by this
Act), on the same terms and conditions, including as to remuneration, as those
which applied to the person immediately before commencement.
(2) A person to whom subclause (1) applies retains all existing and
accruing rights and benefits as if the person’s employment, for the
purposes of the principal Act, were a continuation of the person's employment
immediately before commencement.
”.
11 On
the date as at which this compilation was prepared, the Prostitution
Amendment Act 2008 s. 36 had not come into operation.
It reads as follows:
“
36. Young Offenders Act 1994 amended
(1) The amendments in this section are to the Young Offenders
Act 1994.
(2) Schedule 2 is amended by deleting the entry relating to the
Prostitution Act 2000 and inserting instead —
“
|
2A. Sexual Services Act 2000 |
|
|
s. 7 |
Seeking to induce person to act as a sex worker |
|
s. 16 |
Causing, permitting or seeking to induce a child to act as a sex
worker |
|
s. 17 |
Obtaining payment for commercial sexual act by a child |
|
s. 18 |
Agreement for a child to act as a sex worker |
”.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
Aboriginal
community 3
appointed person or body 15A
appropriate
person 23B(3)
approved 35
attendance conditions 3
authorised
officer 15A
authorised person 169A(7)
Board 131
body sample 3
CEO
(child welfare) 15A(2)
chief executive officer 3
child 15A
community
work conditions 3
community work order 63
conditional release
order 3
contractor 16(1)
Coordinator 35
court 3
Department 3
detainee 3,
188(1)
detention 3
detention centre 3
detention order 63
earliest
release day 3
exempt responsible adult 3
fine 63
former
provisions 234(1), 235(1)
general principles of juvenile justice 3
group
workers 11(1a)(a)
imprisonment 3
independent young
person 3
infringement notice 25(3)
intensive youth supervision
order 3
lawyer 37A(1)
lock-up 3
medical officer 179(1)
medical
treatment 179(1)
monitor 17A
notice to attend
court 3
party 32(3)
proceedings for or in respect of a responsible
parenting order 15A
public authority 16(1)
registrar of the
court 3
relevant day 127(1)
relevant
information 16(1)
research 16(1)
responsible adult 3,
58(1)
Schedule 1 offence 3
Schedule 2
offence 3
Secretary 131
sentence 1 124(1)(a)
sentence
2 124(1)(b)
serious offence 124(3)
special
order 3
superintendent 3
supervise 17A
supervised release
order 3
supervision conditions 3
the council 17A
the current
offence 124(1)
the defaulter 65A(1)
the first sentence 123(1)
the
offender 50(1), 50A(1), 50B(1)
the original offence 83(2)(c)
the second
sentence 123(1)
the sentencing court 129(1)
victim 31(1),
133(3)
welfare agency 15A(2)
work 3
young person 3
youth community
based order 3