Youth Justice Regulation 2016

This section applies to a convenor of a conference.

To ensure a child has reasonable information about how to obtain legal advice for section 35(4)(b) of the Act, the convenor must give the child—

details of at least 1 entity, other than an entity mentioned in paragraph (b), that provides free legal services to children; and

for an Aboriginal or Torres Strait Islander child—details of an Aboriginal or Torres Strait Islander legal service that represents the area in which the conference is being held.

Subsection (2) does not limit the information about obtaining legal advice the convenor may give to the child.

This section applies if one of the following events happens—

a restorative justice agreement is reached;

a conference agreement is amended under section 37 of the Act.

The chief executive must ensure that, as soon as practicable after the event happens, the child the subject of the agreement is told about the consequences for the child under the Act if the child contravenes the agreement.

If, under section 151(1) of the Act, a court orders the chief executive to give to the court a pre-sentence report concerning a child, the report must include all of the following information—

the child’s full name, address, date of birth and occupation;

the source of the information on which the report is based;

the offence to which the report relates;

the child’s placement between the start of the proceeding and the date of the report;

details of all community based orders or detention orders made against or for the child;

if the chief executive is aware of a corresponding order made against or for the child—details of the corresponding order;

an assessment of factors the chief executive believes may have contributed to the child committing the offence;

the child’s attitude to the offence and to the victim of the offence;

if the chief executive is aware of any consequences that have happened to the child as a result of the act or omission that constitutes the offence—details of the consequences;

information about sentencing options suitable for the child.

In this section—

This section applies if a court orders the chief executive to give to the court a pre-sentence report under section 151(1) of the Act.

In having regard, under section 151(6) of the Act, to the likely complexity of the pre-sentence report, the matters the court may consider include the following—

the number of offences to which the report relates;

the nature and seriousness of the offence to which the report relates and the circumstances in which the offence was committed;

any other matter the court considers relevant to the likely complexity of the report.

This section applies if, under section 151(10)(b) of the Act, the chief executive gives a court further material to be considered with another pre-sentence report.

The further material must, for the offence for which it is given, include the information mentioned in section 5(1) that is relevant to the offence and not included in the other report.

This section applies to a child against or for whom a community based order is made.

If the child can not comply with a reasonable direction of the chief executive given in relation to the order because of illness, injury or other circumstance beyond the child’s control, the child must—

inform the chief executive of the illness, injury or other circumstance as soon as practicable; and

comply with a request by the chief executive for the child to give the chief executive—

a medical certificate that states the nature of the illness or injury; or

documentary or other evidence of the reason for the child’s noncompliance with the reasonable direction.

If the child is injured while performing an activity under the community based order the child must report the circumstances of the injury to the chief executive as soon as practicable.

Also, if the person who is supervising the child’s activity is aware of the circumstances of the injury, the person must report the circumstances to the chief executive as soon as practicable.

The chief executive must, as soon as practicable after the community based order is made, inform the child about the child’s obligations under this section.

This section applies in relation to an activity that a child must perform under a community based order.

The chief executive must not direct the child to perform an activity that is dangerous, unsafe or likely to harm the child’s health, having regard to—

the child’s age, maturity, physical capacity and intellectual capacity; and

any trauma experienced by the child that the chief executive knows about.

Also, in giving directions to the child in relation to the child’s performance of an activity (other than community service), the chief executive must avoid, if practicable, conflicts with the religious and cultural beliefs and practices of the child or the child’s parent.

If the child is 15 years or older, the chief executive must not direct the child to perform an activity for more than—

for a child attending school or another educational institution on a full-time basis—the following hours in a week—

during vacations of the school or educational institution—30 hours;

at other times—8 hours; or

for a child in full-time employment—8 hours a week; or

otherwise—30 hours a week.

If the child is under 15 years, the chief executive must not direct the child to perform an activity for more than the following hours in a week—

during vacations of the school or educational institution the child attends—20 hours;

at other times—6 hours.

Also, the chief executive must not direct the child to perform an activity for more than—

if the child is 15 years or older—8 hours a day; or

if the child is under 15 years—4 hours a day.

The chief executive must ensure the child is allowed reasonable rest and meal breaks while performing an activity.

For calculating the maximum number of hours a child can be directed to perform an activity under subsections (4), (5) and (6), the time required to be spent in rest and meal breaks under subsection (7) must be taken to be time spent performing the activity.