Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act,
unless the contrary intention appears —
Aboriginal community has the meaning given to that
term in section 3 of the Aboriginal Communities Act 1979 ;
attendance conditions means conditions referred to
in section 73(1)(a);
body sample means a sample of a person’s
blood, breath, or urine;
chief executive officer means the chief executive
officer of the Department;
community work conditions means conditions
referred to in section 73(1)(b);
conditional release order has the meaning given by
section 101;
court means the Children’s Court or other
court dealing with a young person for an offence;
Department means the department of the Public
Service principally assisting the Minister in the administration of
this Act;
detainee means a person who is detained in a
detention centre;
detention , when referring to a sentence of
detention, means detention in a detention centre;
detention centre means a place declared to be a
detention centre under section 13;
earliest release day , in relation to a sentence
of detention, means the earliest day on which the offender can, in accordance
with section 121, be released under a supervised release order from
custody under the sentence;
exempt responsible adult , in relation to a young
person, means a responsible adult whose responsibility for the young person
arises from being —
(a) a
person having the custody, care or control of the young person for a period
that the court considers to be limited or temporary;
(b) the
CEO as defined in section 3 of the Children and Community Services
Act 2004 who, under that Act, has parental responsibility for the young
person;
(c) an
officer as defined in section 3 of the Children and Community Services
Act 2004 ; or
(d) in
any other capacity prescribed for the purposes of this paragraph by the
regulations;
general principles of juvenile justice means the
principles described in section 7;
imprisonment means imprisonment in a prison under
the Prisons Act 1981 ;
independent young person means a young person
who —
(a) has
reached the age of 17 years; and
(b) has
sufficient maturity to live independently without the guidance or control of a
responsible adult, and is doing so;
intensive youth supervision order means an order
made under section 98;
lock-up means a lock-up as defined in the
Court Security and Custodial Services Act 1999 ;
notice to attend court means a notice to attend
court issued to a young person in accordance with section 43;
registrar of the court , in relation to the
Children’s Court, means the registrar of the Children’s Court at
the place where the relevant matter was heard;
responsible adult , in relation to a young person,
means a parent, guardian, or other person having responsibility for the day to
day care of the young person but does not include a person who the regulations
may provide is not a responsible adult;
Schedule 1 offence means —
(a) an
offence that is committed against an enactment referred to in column 1 of
Schedule 1 and is —
(i)
described in column 2 of Schedule 1 opposite the
reference; or
(ii)
committed in the circumstances set out in column 2
of Schedule 1 opposite the reference;
or
(b) the
offence of counselling or procuring the commission of an offence mentioned in
paragraph (a);
Schedule 2 offence means —
(a) an
offence that is committed against an enactment referred to in column 1 of
Schedule 2 and is —
(i)
described in column 2 of Schedule 2 opposite the
reference; or
(ii)
committed in the circumstances set out in column 2
of Schedule 2 opposite the reference;
or
(b) the
offence of counselling or procuring the commission of an offence mentioned in
paragraph (a);
special order means an order made under
section 126;
superintendent means the person in charge of a
detention centre;
supervised release order means an order made under
section 132 for a person who is serving a sentence of detention to be
released from custody subject to conditions;
supervision conditions means conditions referred
to in section 73(1)(c);
work includes any form of work, service or
activity;
young person means —
(a) a
person who has not reached the age of 18 years; or
(b) a
person to whom this Act applies because of section 4;
youth community based order means an order made
under section 73.
[Section 3 amended by No. 47 of 1999
s. 40; No. 34 of 2004 s. 251; No. 58 of 2004 s. 4;
No. 59 of 2004 s. 141.]