Young Offenders Act 1997

A non-denial statement, in relation to an offence, is a statement made by a child that the child does not deny or admits the following allegations against the child about the offence—

the elements of the offence,

the time and place of the commission of the offence.

A non-denial statement is not valid unless it is made by a child in the presence of—

a person responsible for the child, or

an adult, other than an investigating official, who is present with the consent of a person responsible for the child, or

if the child is 14 years of age or more—an adult chosen by the child, or

an Australian legal practitioner chosen by the child.

The Secretary must approve a standard written form of a non-denial statement.

A non-denial statement must, if practicable, be made in the standard written form approved by the Secretary.

A formal guilty plea made by a child before a court in relation to an offence is taken for this Act to be a non-denial statement made in relation to the offence.

To avoid doubt, for subsection (1)(a), the reference to the elements of the offence does not include that the child knew, at the time of the offence, that it was seriously wrong to engage in the conduct constituting the offence.