Youth Justice Act 1992

In new section 6—

a reference to a caution does not include a caution administered to a child before the commencement; and

a reference to a finding of guilt includes a finding of guilt against a child that occurred before the commencement to the extent the finding of guilt formed part of the child’s criminal history under former section 154; and

a reference to a restorative justice agreement does not include a restorative justice agreement—

made by a child before the commencement; or

made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and

a reference to a decision, finding, order or action of a court, Childrens Court judge, Childrens Court magistrate or other judicial officer—

in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or

in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement.

New section 6 applies in relation to a person—

whether the person is a child or an adult on the commencement; and

whether an offence committed by the person as a child was committed before, or is committed after, the commencement of this section; and

whether a proceeding for an offence against the person as a child was started before, or is started after, the commencement of this section.

For applying section 11 of the Act in relation to a child after the commencement, a reference to a child’s criminal history is taken to include any previous cautions administered to the child for an offence.

In this section—