Youth Justice Regulations 2006

These

Regulations may be cited as the Youth Justice Regulations 2006.

These

Regulations commence on the commencement of the Youth Justice Act 2005.

In these Regulations:

blood analysis, for Part 4AA, see regulation 28AB(e).

breath analysis, for Part 4AA, see regulation 28AB(d).

breath test, for Part 4AA, see regulation 28AB(a).

health practitioner, for Part 4AA, see regulation 28AA.

pathologist, for Part 4AA, see regulation 28AA.

phlebotomist, for Part 4AA, see regulation 28AA.

prescribed breath analysis instrument, for Part 4AA, see regulation

28AA.

saliva test, for Part 4AA, see regulation 28AB(b).

urine test, for Part 4AA, see regulation 28AB(c).

For section 18(4) of the Act, a police officer must record the following particulars:

(a) that the officer has informed the youth of the youth's right to silence;

(b) whether the youth elected to exercise the youth's right to silence or answer the officer's questions (including answering questions through legal representation);

(c) if the youth elected to access legal advice and representation –

details of the efforts the officer made to contact the youth's legal practitioner;

(d) that the officer has informed the youth that the youth may contact a friend, relative, responsible adult in respect of the youth or support person;

(e) if the youth elected to contact a person mentioned in paragraph (d):

(i) details of the efforts the officer made to contact the person; and

(ii) the name and contact details of the person.

(1) For section 38A(a) of the Act, an offence under or against each of the following is prescribed:

(a) section 54,

55(1), 110, 111, 125B(1), 156, 160, 165, 170, 174C, 174F, 175, 176,

177, 179, 180, 181, 194, 195, 196(1), 201, 208H, 208HA, 208HB, 208J,

208JA, 208JB, 208MA, 243 or 246 of the

Criminal Code;

(b) section

66, 161A, 174D, 174E, 174FA, 174FB, 188A, 189A(1), 193B(1), 218, 221 or 228AB of the Criminal Code;

(f) section

5(1), 6(1), 6E(1) or 6F(1) of the Misuse of Drugs Act 1990;

(g) section

21, 22, 23, 24, 25, 28, 29AAA, 29AAB, 29AAE, 29AAFA, 29AAH, 29AAP,

29AAYD, 30, 30A or 31 of the Traffic Act 1987.

(2) For section 38A(a) of the Act, an offence against each of the following provisions of the Criminal Code as in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022 is prescribed:

(a) section

211(1) or 212(1) of the Code;

(c) section

213(1) of the Code in the circumstances mentioned in section 213(6) of the Code.

(3) For section 38A(a) of the Act, an offence against section 127(1), (2) or

Legislation Amendment (Sexual Offences) Act 2023, is prescribed.

(1) A youth who performs service in accordance with an order under section 89(1)(b) of the Act satisfies the amount of compensation specified in the order at the rate of $12.50 for each hour of service performed.

(2) If a higher rate is prescribed by regulation 14 of the Fines and

Penalties (Recovery) Regulations 2001 for the Fines and

Penalties (Recovery) Act 2001, that rate applies instead for this regulation.

This

Part applies in relation to a youth who is subject to a community work order.

In this Part:

supervising officer includes:

(a) a community youth justice officer; and

(b) the person nominated as the project supervisor for section 97(2) of the Act.

(1) The following are functions of a supervising officer:

(a) to supervise a youth or youths as directed by the CEO;

(b) to establish that the person who attends to perform work under a community work order is the youth named in the order;

(c) to report to the CEO on matters the CEO requires, including the attendance record, the work attitude and the conduct of a youth when performing work under a community work order.

(2) It is also a function of a supervising officer to give evidence or provide a report in court proceedings against a youth for a breach of a community work order.

(1) The youth must attend to perform work under a community work order at the place and times specified:

(a) in the court order; or

(b) by the youth's supervising officer.

(2) The youth must not leave the place without approval from the supervising officer.

(1) The youth may apply to the CEO for an exemption from attending for work under a community work order for all or part of a day.

(2) The

CEO may exempt the youth if satisfied reasonable grounds exist.

(3) An application for exemption must be made not less than 24 hours before the day on which the youth is to attend.

(4) The

CEO may, in a particular case, approve a shorter period within which an application may be made.

(5) The

CEO may require the youth to provide information or evidence the CEO considers appropriate in support of the application.

(6) A youth who is exempted from attending:

(a) is not taken to be performing work under the order for the period exempted; and

(b) must continue to attend under the order until the full number of hours have been worked.

The youth must not:

(a) report for work under a community work order while under the influence of alcohol or an illicit drug or substance; or

(b) use or consume alcohol or an illicit drug or substance while at work or during a rest or meal break.