Young Offenders Act 1993

A youth who is serving a period of detention in a training centre may be released from detention by the Training Centre Review Board in accordance with this Subdivision.

Subject to subsection (3a), the provisions set out below apply to the release from detention of a youth other than a recidivist young offender:

the youth must have completed at least two thirds of the period of detention in a training centre to which he or she has been sentenced;

an application for release of the youth from detention may be determined by the Training Centre Review Board no earlier than 7 days before completion by the youth of at least two thirds of the period of detention in a training centre to which he or she has been sentenced;

in determining whether the youth should be released from detention, the Training Centre Review Board—

must be satisfied that—

the behaviour of the youth during the period of detention has been satisfactory; and

there is no undue risk that the youth would, if released under this Subdivision, re‑offend;

if, in relation to an offence for which the youth was detained, there is a registered victim—must take into consideration the impact that the release of the youth is likely to have on the registered victim and the registered victim's family;

the release of the youth must be subject to the following conditions:

a condition that he or she not commit any offence;

a condition that he or she be under the supervision of an officer of the Department and that the youth obey the directions of that officer;

a condition prohibiting the youth from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm;

a condition requiring the youth to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by an officer of the Department who is supervising the youth;

any other condition that the Board thinks fit;

a decision of the majority of the Board is a decision of the Board.

Subject to subsection (3a), the provisions set out below apply to the release from detention of a youth who is a recidivist young offender:

the recidivist young offender must have completed at least four fifths of the period of detention in a training centre to which he or she has been sentenced;

an application for the release of the recidivist young offender may be determined by the Youth Parole Board no earlier than 7 days before completion by the offender of at least four fifths of the period of detention in a training centre to which he or she has been sentenced;

in determining whether the recidivist young offender should be released from detention—

despite any other provision of this Act, the paramount consideration of the Youth Parole Board must be the safety of the community; and

the Youth Parole Board must also take the following matters into consideration:

the likelihood of the recidivist young offender re‑offending if released from detention;

the likelihood of the recidivist young offender complying with the conditions of release;

if, in relation to an offence for which the recidivist young offender was sentenced to a period of detention in a training centre, there is a registered victim—the impact that the release of the recidivist young offender is likely to have on the registered victim and the registered victim's family;

the behaviour of the recidivist young offender while in detention;

the behaviour of the recidivist young offender during any previous release from detention;

any reports provided to the Board as required by the Board;

the probable circumstances of the recidivist young offender after release from detention;

any other matters that the Board thinks are relevant;

the release of the recidivist young offender must be subject to the following conditions:

a condition that he or she not commit any offence;

a condition that he or she be under the supervision of an officer of the Department and that he or she obey the directions of that officer;

a condition prohibiting the youth from possessing a firearm or ammunition (both within the meaning of the Firearms Act 1977) or any part of a firearm;

a condition requiring the youth to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by an officer of the Department who is supervising the youth;

any other condition that the Board thinks fit;

a decision of the majority of the Board is a decision of the Board.

The following subsections do not apply in relation to release by the Board of a youth on home detention under section 41B:

subsection (2)(a);

subsection (2)(ab);

subsection (3)(a);

subsection (3)(ab).

A condition of release of a youth under this section may, for any proper reason, be varied or revoked at any time as follows:

in the case of a condition under subsection (2)(c)—by the Training Centre Review Board;

in the case of a condition under subsection (3)(c)—by the Youth Parole Board.

The Board may only vary or revoke the conditions imposed by subsection (2)(c)(iia) and (iib), or subsection (3)(c)(iia) and (iib), on the release from detention of a youth if the youth satisfies the Board that—

there are cogent reasons to do so; and

the possession of a firearm, ammunition or part of a firearm by the youth does not represent an undue risk to the safety of the public.

If, in relation to an offence for which a youth was detained, there is a registered victim and the release of the youth under this section is subject to a condition that relates to the victim or the victim's family, the Training Centre Review Board must notify the victim of the terms of the condition.

However, the Training Centre Review Board is not required to notify the registered victim if—

the victim has indicated to the Board that he or she does not wish to be so notified; or

the Board is satisfied that, in the circumstances of the case, it is not appropriate to so notify the victim.

A decision of the Training Centre Review Board to notify or not notify a victim of the terms of any such condition is final and is not reviewable by a court.

Subject to this Subdivision, the conditions on which a youth is released from a training centre under this Subdivision are binding on the youth for the unexpired period of the detention order.