Young Offenders Act 1993

In this Act, unless the contrary intention appears—

Chief Executive means the Chief Executive of the

Department;

Commonwealth Criminal Code means the Criminal

Code set out in the Schedule to the Criminal Code

Act 1995 of the Commonwealth, or a law of the

Commonwealth that replaces that Code;

community youth justice officer has the same meaning as in the Youth Justice Administration Act;

Court or Youth Court means the Youth Court of South Australia;

Department means the administrative unit of the

Public Service that is responsible for assisting a Minister in the administration of the Youth Justice

Administration Act 2016;

designated member means the member of the

Training Centre Review Board designated by the Attorney‑General in accordance with subsection (3) and includes any member designated by the Attorney‑General in accordance with that subsection to act in the absence of that designated member;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

DPP means the Director of Public

Prosecutions;

family conference—see

Part

2Division 3;

guardian, in relation to a youth, means a parent of the youth or a person (other than the Minister) who is the guardian of the youth or has the immediate custody and control of the youth;

home detention officer means an employee of the

Department assigned to the position of a home detention officer or authorised by the Minister (individually or by class) to exercise the powers of a home detention officer under this Act;

homicide means murder or manslaughter;

immediate family of a victim means—

a spouse or domestic partner;

a parent;

a grandparent;

a child (including an adult child);

a grandchild (including an adult grandchild);

a brother or sister;

injury means physical or mental injury, and includes pregnancy, mental shock and nervous shock;

loss or damage includes costs and expenses, but does not include injury;

Minister means the Minister to whom the administration of this Act is committed by the Governor or the Minister on whom, or to whom, the relevant Ministerial power or function is conferred or assigned under the Administration of Acts

Act 1910;

minor offence means an offence to which this Act applies that should, in the opinion of the police officer in charge of the investigation of the offence, be dealt with as a minor offence because of—

the limited extent of the harm caused through the commission of the offence; and

the character and antecedents of the alleged offender;

and

the improbability of the youth re-offending; and

where relevant—the attitude of the youth's parents or guardians;

offence to which this Act applies means any offence alleged to have been committed by a youth except an offence excluded by regulation;

recidivist young offender means a youth who is a recidivist young offender under Part 3 Division 4 of the

Sentencing

Act 2017;

registered victim includes a member of a victim's immediate family whose name is entered in the Victims

Register;

Registrar means the Registrar of the

Court;

serious firearm offender means a youth who is, pursuant to Part 3 Division 3 of the

Sentencing

Act 2017, a serious firearm offender;

spouse—a person is the spouse of another if they are legally married;

terrorism intelligence authority means a terrorism intelligence authority designated by regulations under section 74B of the Police

Act 1998;

terrorism notification means a terrorism notification under section 74B of the Police Act 1998;

terrorist offence means—

an offence against Division 72 Subdivision A of the

Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or

a terrorism offence against Part 5.3 of the Commonwealth

Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or

an offence against Part 5.5 of the Commonwealth Criminal

Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements);

or

an offence against the repealed Crimes (Foreign Incursions and Recruitment)

Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or

an offence of a kind prescribed by the regulations for the purposes of this definition;

terror suspect—see subsection (4);

training centre means a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice

Administration Act;

Training Centre Review Board means the Training

Centre Review Board established under

Part

5;

victim of an offence means a person who suffers injury as a result of the offence;

Victims Register—see section 5A;

working day means a day other than a Saturday,

Sunday or public holiday;

youth means a person of or above the age of 10 years but under the age of 18 years and, in relation to proceedings for an offence or detention in a training centre, includes a person who was under the age of 18 years on the date of the alleged offence;

Youth Justice Administration Act means the

Youth Justice Administration

Act 2016;

Youth Justice Co-ordinator—see

Part

2Division 3;

Youth Parole Board means the Training Centre

Review Board as constituted from time to time under

Part

5Division 3 to review the progress and circumstances of a recidivist young offender, or hear and determine any other matter relating to a recidivist young offender assigned to the Board under this

Act.

A reference in this Act to an officer of the

Department includes a reference to—

a person who, immediately before the commencement of this subsection, held an appointment made by the Governor as an officer of the

Department; or

a person who, after the commencement of this subsection, is designated by the Minister as an officer of the Department under section 4A.

A reference in this Act to a person who has suffered loss or damage includes a reference to a body that has suffered loss or damage.

The Attorney‑General may, from time to time, by written instrument—

designate a member of the Training Centre Review Board who is a member of the Court's judiciary as the designated member for the purposes of sections 41BA and

43; and

designate another member of the Training Centre Review Board who is a member of the Court's judiciary to act for the purposes of those sections in the absence of the designated member, and in any proceedings, a certificate purporting to be executed by the Attorney‑General certifying as to a matter relating to a designation under this subsection may be admitted in evidence and is proof, in the absence of proof to the contrary, of the matter so certified.

A youth is a terror suspect for the purposes of this Act if the youth—

is, or has previously been, charged with a terrorist offence;

or

has ever been convicted of a terrorist offence; or

is the subject of a terrorism notification; or

is, or has previously been, the subject of a control order under

Part 5.3 of the Commonwealth Criminal Code.

For the purposes of subsection (4)(a), a youth is only taken to have been charged with an offence if an information or other initiating process charging the youth with the offence has been filed in a court.