Children (Criminal Proceedings) Regulation 2021

This Regulation is the Children (Criminal Proceedings) Regulation 2021.

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Children (Criminal Proceedings) Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

In this Regulation—

applied Act means the Crimes (Sentencing Procedure) Act 1999, as applied by the Children (Criminal Proceedings) Act 1987, section 33C.

approved form means a form approved by the Minister.

the Act means the Children (Criminal Proceedings) Act 1987.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

For the purposes of the Act, section 3(1), definition of serious children’s indictable offence, paragraph (e), an offence under the Crimes Act 1900, section 80A in which the victim of the offence was under the age of 10 years when the offence occurred is prescribed.

The Commissioner of Police may arrange for the preparation and maintenance of lists of adults who are willing to be called on to be present when a child is making or giving a statement, confession, admission or information as referred to in the Act, section 13.

For the purposes of the Act, section 25(2)(a), a background report must—

be in the approved form, and

include details of any of the following matters relevant to the circumstances surrounding the commission of the offence—

the child’s family background,

the child’s employment,

the child’s education,

the child’s friends and associates,

the nature and extent of the child’s participation in community life,

the child’s disabilities,

the child’s antecedents,

other relevant matters requested by the Children’s Court,

other matters the prosecutor considers appropriate to include in the report.

For the purposes of the Act, section 31L, before the commencement of committal proceedings under the Act, Part 3, Division 3A the Magistrate must give the accused person—

an oral explanation in or to the effect of the form set out in Schedule 1, clause 1, and

a written explanation in or to the effect of the form set out in Schedule 1, clause 2.

For the purposes of the Act, section 51(1)(a), the kinds of conditions that may be imposed in relation to an order made under the Act, section 33(1) that provides for the child to enter into a good behaviour bond or releases the child on probation include the following—

conditions requiring the child to attend school regularly,

conditions relating to the child’s employment,

conditions aimed at preventing the child from committing further offences,

conditions relating to the child’s place of residence,

conditions requiring the child to undergo counselling or medical treatment,

conditions limiting or prohibiting the child from associating with specified persons,

conditions limiting or prohibiting the child from frequenting specified premises,

conditions requiring the child to comply with the directions of a specified person in relation to a matter referred to in paragraphs (a)–(g),

conditions relating to other matters the court considers appropriate in relation to the child.

For the purposes of the Act, section 51(1)(a), if the Children’s Court makes an order releasing a child on probation under the Act, section 33(1)(e) (the probation order) and makes an order requiring the child to perform community service work under the Act, section 33(1)(f) (the community service work order), the probation order may include a condition requiring the child to comply with the community service work order.

The Minister is to arrange for the preparation and maintenance of material to be given to children the subject of orders under the Act, section 33(1).

The material must be expressed in language readily capable of being understood by children and must include a description of the following in relation to a particular order—

the requirements imposed by the order,

the consequences that may follow if the requirements are not observed,

the rights of appeal in relation to the order,

the rights in relation to the variation of the order,

the grounds on which an application for a variation may be made.

The person responsible for supplying the material to a particular child must make all reasonable efforts to explain the material orally to the child.

For the purposes of the Act, section 39, definition of authorised officer, the persons employed in the Department of Communities and Justice who are assigned to the following roles are declared to be authorised officers—

Executive Director, Youth Justice,

Director, Operational Standards and Compliance, Youth Justice,

Regional Director, Youth Justice,

Area Manager, Youth Justice Community Offices,

Manager, Youth Justice Community Offices,

Assistant Manager, Youth Justice Community Offices,

Principal Psychologist, Youth Justice,

Youth Justice Officer,

Youth Justice Counsellor,

Youth Justice Professional Development Officer.

Before the Children’s Court imposes a condition relating to residence or treatment on a parole order, the court must—

consider a report from a youth justice officer about the detainee’s circumstances, and

satisfy itself, having regard to the youth justice officer’s report, that it is feasible to secure compliance with the condition, and

for a condition requiring the co-operation of a person other than the detainee or a youth justice officer—obtain the consent of the person to the imposition of the condition, to the extent the condition requires the person’s co-operation.

A parole order made by the Children’s Court must be in the approved form.

A copy of the order must be—

given to the detainee, and

sent to the following persons—

the centre manager of the detention centre in which the detainee is to be kept,

the Executive Director, Youth Justice, Department of Communities and Justice.

Copies of the order sent to the centre manager of the detention centre are, if practicable, to be sent so the copies arrive at the detention centre at or before the time the detainee arrives.