Chapter 1 — Preliminary
Part 1.1 — Introductory provisions
s 1 Purposes s 2 Commencement s 3 Definitions s 4 Meaning of child s 5 Meaning of young person s 6 Meaning of relevant impairment s 3 Foetal alcohol spectrum disorder. s 7 Meaning of terrorism record s 8 Meaning of terrorism risk information s 9 References to sentencing child include sentencing on appeal Part 1.2 — Criminal responsibility of children
s 10 Minimum age of criminal responsibility s 11 Presumption that child 12 or 13 years of age cannot commit an offence s 12 Matters to which police officer must have regard s 13 Review of charge against child who allegedly committed offence at 12 or 13 years of age s 14 Notice of completion of review of charge Part 1.3 — Guiding youth justice principles
Division 1 — Operation and purpose of the guiding youth justice principles
s 15 Interaction of guiding youth justice principles with this Act s 16 Purposes of guiding youth justice principles s 17 Taking into account guiding youth justice principles Division 2 — Guiding youth justice principles
s 18 Guiding youth justice principle—treatment of children and young persons s 19 Guiding youth justice principle—prevention, diversion and minimum intervention s 20 Guiding youth justice principle—rights of victims and the importance of restoration s 21 Guiding youth justice principle—importance of parents and family s 22 Guiding youth justice principle—promotion of partnership and collaboration with agencies and other entities Division 3 — Guiding youth justice principles and matters specific to Aboriginal children and young persons
s 23 Statement of recognition in respect of Aboriginal children and young persons s 24 Guiding youth justice principle—additional principles specific to Aboriginal children and young persons s 25 Obligation on Secretary to develop strategic partnerships with Aboriginal communities Division 4 — Consultation with representatives of the Aboriginal community on justice-related issues
s 26 Minister or the Secretary to consult with representatives Chapter 2 — Entities with functions and powers under this Act
Part 2.1 — Functions and powers of the Secretary
s 27 Functions and powers of the Secretary s 28 Power of the Secretary to enter into contracts s 29 Powers of the Secretary in relation to land s 30 Committee of management s 31 Record of dealings by Registrar of Titles s 32 Secretary's powers in relation to intellectual property s 33 Delegation s 34 Report by Secretary Part 2.2 — Commissioner for Youth Justice
s 35 Commissioner for Youth Justice s 36 Functions and powers of Commissioner for Youth Justice s 37 Secretary has and may exercise functions and powers of the Commissioner for Youth Justice s 38 Commissioner for Youth Justice has and may exercise functions and powers of youth justice custodial officer s 39 Delegation by Commissioner for Youth Justice Part 2.3 — Aboriginal youth justice agencies
Division 1 — Registration of Aboriginal youth justice agencies
s 40 Application for registration s 41 Secretary may register body corporate as an Aboriginal youth justice agency s 42 Secretary may impose conditions on registration s 43 Registration period s 44 Renewal of registration s 45 Secretary must give notice of refusal to renew registration s 46 Register of registered Aboriginal youth justice agencies Division 2 — Performance standards
s 47 Performance standards for registered Aboriginal youth justice agencies s 48 Subject matter for performance standards s 49 Publication, amendment and revocation of performance standards s 50 Registered Aboriginal youth justice agency must comply with relevant performance standard Division 3 — Revocation of registration
s 51 Revocation of registration s 52 Secretary must give notice of revocation s 53 Effect of revocation of registration Division 4 — Review of decisions
s 54 Internal review by Secretary s 55 Review by VCAT of decision made on internal review Division 5 — Monitoring
s 56 Secretary may make inquiries s 57 Secretary may visit registered Aboriginal youth justice agency s 58 Registered Aboriginal youth justice agency must assist s 59 Secretary may authorise principal officer of registered Aboriginal youth justice agency to perform functions or exercise powers Division 6 — Authorisation of registered Aboriginal youth justice agency to act in relation to an Aboriginal child or young person
s 60 Secretary must disclose information to principal officer for making decision about agreeing to authorisation s 61 Effect of authorisation s 62 Secretary may revoke authorisation s 63 Powers and functions of acting principal officer s 64 Delegation by principal officer of registered Aboriginal youth justice agency s 65 Use of information disclosed to registered Aboriginal youth justice agency and principal officer for making decision about agreeing to authorisation Chapter 3 — Police power to take into care and control and transport a child aged 10 or 11 years old
Part 3.1 — Preliminary
s 66 Application of Chapter s 67 Definitions Part 3.2 — Transport power
s 68 Child taken into care and control s 3 Warn the child that they will be taken into the care and control of the police officer if the child does not cease to engage in behaviour that is likely to cause serious harm. s 69 Transportation of child taken into care and control s 70 Child kept in care and control at police station s 71 Child in respect of whom transport power is being exercised not to be questioned or interviewed s 72 Child who is Aboriginal or Torres Strait Islander taken into care and control s 73 Use of force s 74 Requirements after use of force s 75 Search s 76 Seizure s 77 Record keeping s 78 Information to be provided to child and parent in relation to exercise of transport power s 79 Interaction with other powers of police officers Part 3.3 — Role of Commission for Children and Young People in relation to transport power
s 80 Functions of Commission for Children and Young People in relation to transport power s 81 Access to documents and information s 82 Assistance to be given to Commission for Children and Young People for performance of functions and exercise of powers s 83 Disclosures by relevant professionals s 84 Disclosers protected s 85 Transport power reports s 86 Transport power reports provided to Parliament s 87 Transport power reports containing identifying information must not be provided to Parliament s 88 Commission may publish transport power reports provided to Parliament on Internet s 89 Annual reporting s 90 Mandatory notification to IBAC s 91 Commission for Children and Young People not to prejudice legal proceedings or investigations Chapter 4 — Diverting children from the justice system
Part 4.1 — General
s 92 Hierarchy of options for alleged offending behaviour s 2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11. s 93 Record of reasons if youth warning, youth caution or early diversion group conference is inappropriate Part 4.2 — Youth warnings
s 94 Objects of youth warning s 95 Police officer may give youth warning to child s 2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11. s 96 Eligibility of child for youth warning s 97 Timing of youth warning s 98 Place and form for giving youth warning s 99 Explanation of youth warning s 100 Parent may be notified of youth warning s 101 Record of youth warning Part 4.3 — Youth cautions
s 102 Objects of youth caution s 103 Youth caution may be given to child s 2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11. s 104 Eligibility of child for youth caution s 105 Explanation of youth caution s 106 Consent of child s 107 Timing of youth caution s 108 Persons who may give a youth caution other than a cautioning police officer s 109 Persons to attend giving of youth caution s 110 Victim statement may be given to child s 111 Person giving youth caution may request apology or make referral s 112 Place for giving youth caution s 113 Form of youth caution s 114 Parent may be notified of youth caution s 115 Record of youth caution Part 4.4 — Early diversion group conferences
s 116 Objects of early diversion group conference s 117 Police officer referral of child to early diversion group conference s 2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11. s 118 Eligibility of child for early diversion group conference s 119 Timing of referral s 120 Aboriginal child referred to early diversion group conference may elect model s 121 Form of referral by police officer s 122 Form of notice of referral s 123 Parent may be notified of referral s 124 Date and time of early diversion group conference s 125 Convenor may refer matter back s 126 Legal representation s 127 Persons to attend early diversion group conference s 128 Victim statement may be provided s 128A Reading aloud of victim statement s 129 Conduct of early diversion group conference s 130 Early diversion outcome plan s 131 Finalisation of early diversion outcome plan s 132 Deferral or discontinuation of group conference s 133 Discretion of Chief Commissioner of Police s 134 Confidentiality of early diversion group conference proceedings s 135 Confidentiality of early diversion outcome plan Part 4.5 — Aboriginal-led early diversion group conference model
s 136 Secretary to develop Aboriginal-led model s 137 Requirements of Aboriginal-led model s 138 Conduct of Aboriginal-led early diversion group conferences Part 4.6 — Effect of youth warnings, youth cautions and early diversion group conferences
s 139 Criminal record s 140 No further action or criminal proceeding to be taken s 141 Leave of court required s 142 Evidence of youth warning or youth caution inadmissible s 143 Evidence inadmissible where child referred by police officer s 144 Evidence inadmissible where child referred by Children's Court s 145 Admissibility of evidence in certain circumstances s 146 Participation does not rebut presumption Chapter 5 — Commencing a proceeding against a child
Part 5.1 — Commencing a proceeding
s 147 Child to be proceeded against by summons s 148 Time limits for commencing a proceeding s 149 Withdrawal of consent s 150 Application for extension of time to commence proceeding s 151 Extension of time s 152 Rehearing s 153 Notice of intention to apply for rehearing Part 5.2 — Custody, bail and remand
s 154 Child in custody to be brought before Children's Court or bail justice s 155 Placement of child in custody Chapter 6 — Conduct of a proceeding
Part 6.1 — Proceedings generally
Division 1 — Procedure for indictable offences
s 156 How Children's Court must deal with indictable offences s 157 Indictable offences that must be uplifted—child objects to charge being determined summarily s 157A Indictable offences that must be uplifted—designated offence committed at 14 years of age s 157B Indictable offences that must be uplifted—carjacking committed at 14 years of age or over s 158 Indictable offences to be uplifted if exceptional circumstances exist s 159 Transfer of indictable offence that is related to uplifted indictable offence Division 2 — Transfer of proceeding
s 160 Transfer of proceeding from Magistrates' Court to Children's Court Division 3 — Referral to early diversion group conference
s 161 Referral by Children's Court to early diversion group conference s 162 Adjournment of proceeding for early diversion group conference s 163 Form of referral by Children's Court s 164 Conduct of early diversion group conference s 165 Early diversion group conference not appropriate or discontinued s 166 Early diversion outcome plan finalised Division 4 — Conduct of proceeding
s 167 Procedural guidelines to be followed by Children's Court s 168 Children's Court to be constituted by the same judicial officer s 169 Children's Court proceedings to be heard in open court s 170 Legal representation of child in proceeding s 171 Proceedings in which child is required to be legally represented s 172 Legal practitioner may represent multiple children s 173 Interpreter in proceeding s 174 Explanation for order s 175 Order and reasons for order s 176 Translation of documents s 177 Order not invalidated by failure to comply Division 5 — Other matters
s 178 Application by child under 15 years of age s 179 Service of documents on child under 15 years of age s 180 Warrants to arrest Part 6.2 — Referral for investigation of matters under Children, Youth and Families Act
s 181 Referral to DFFH Secretary—protection application s 182 Referral to DFFH Secretary—application for therapeutic treatment order s 183 Investigation and report of investigation s 184 Report on outcome of application s 185 Adjournment of proceeding if therapeutic treatment order made s 186 Report to Children's Court on therapeutic treatment order s 187 Hearing of adjourned proceeding s 188 Adjournment of proceeding for voluntary participation in therapeutic treatment program s 189 Hearing of adjourned proceeding s 190 Pre-sentence report to Children's Court Part 6.3 — Diversion
s 191 Application of Part s 192 Purposes of diversion s 193 Adjournment to undertake diversion program s 194 Consent to diversion by the child s 195 Prosecutorial consent to diversion s 196 Matters to be considered when determining the type of diversion program s 197 Extension of adjournment s 198 Conclusion of the diversion program s 199 Diversion program and community service activities s 200 Natural justice Part 6.4 — Standard of proof
s 201 Proof beyond reasonable doubt Chapter 7 — Sentencing
Part 7.1 — Sentencing principles
s 202 Court must have regard to sentencing principles and general common law principles or rules in sentencing a child s 203 Sentencing principle—rehabilitation and positive development s 204 Sentencing principle—protection of the community from reoffending s 205 Sentencing principle—individual characteristics and vulnerabilities s 206 Sentencing principle—responsibility for action s 207 Sentencing principle—impact on victims s 208 Sentencing principle—minimum intervention s 209 Sentencing principle—deterrence from committing offences in youth justice custodial centre s 210 Additional sentencing principles for Aboriginal children Part 7.2 — Reports and other matters to be taken into account in considering sentence
s 211 Children's Court may only consider certain reports and other matters s 212 Victim impact statements s 213 Medical reports s 214 Use of victim impact statements s 215 Distribution of victim impact statement s 216 Examination of victim or medical expert s 217 Witnesses s 218 Reading aloud of victim impact statement s 219 Alternative arrangements for reading aloud of victim impact statement s 220 Alternative arrangements for examination s 221 Submission in respect of unique and systemic background factors affecting child Part 7.3 — Deferral of sentencing
s 222 Children's Court may defer sentencing s 223 Pre-sentence group conference or youth justice planning meeting to be held if sentencing deferred s 224 Adjourning deferred sentence and period of deferral s 225 Application by child for hearing of adjourned case at short notice s 226 Court may re-list adjourned case at short notice on own motion s 227 Hearing of adjourned case Part 7.4 — Pre-sentence group conferences
s 228 Objects of pre-sentence group conference s 229 Date and time of pre-sentence group conference s 230 Persons to attend pre-sentence group conference s 231 Pre-sentence outcome plan s 232 Report of pre-sentence group conference s 233 Confidentiality s 234 Confidentiality of pre-sentence outcome plan Part 7.5 — Sentence discount and total sentences
s 235 Sentence discount for undertaking to assist law enforcement authorities s 236 Sentence discount for assistance given or being given to law enforcement authorities s 237 Sentence discount for guilty plea s 238 Sentence discount for participation in pre-sentence group conference s 239 Failure to attend youth justice planning meeting Part 7.6 — Sentencing generally
s 240 Hierarchy of options for sentencing s 241 Supreme Court or County Court may exercise sentencing powers of Children's Court Part 7.7 — Unsupervised community-based orders
Division 1 — General
s 242 Conviction not to be recorded when making an unsupervised order Division 2 — Dismissal without formal warning
s 243 Dismissal without formal warning Division 3 — Dismissal with formal warning
s 244 Dismissal with formal warning Division 4 — Good behaviour orders
s 245 Making a good behaviour order s 246 Objects of a good behaviour order s 247 Conditions of a good behaviour order s 248 Maximum period of a good behaviour order Division 5 — Fines
s 249 Imposing a fine s 250 Objects of a fine s 251 Financial circumstances of child to be considered s 252 Maximum fine which may be imposed s 253 Instalment orders s 254 Time to pay orders s 255 Application for time to pay order, instalment order or variation of instalment order s 256 Making of instalment order or time to pay order s 257 Default in payment of fine or instalment order s 258 Calculation to convert fine into community service order s 259 Bail s 260 Reduction of order by payment of portion of fine s 261 Proceeding for default in payment of fine or instalment order Part 7.8 — Supervised community-based orders
Division 1 — General
s 262 Imposing a supervised order with or without conviction Division 2 — Community service orders
s 263 Making a community service order s 264 Objects of a community service order s 265 Conditions of a community service order s 266 Consideration of likely impact on education, training, employment or rehabilitation s 267 Maximum number of hours of work under a community service order s 268 Failure to perform ordered hours of community service activities where no appropriate community service to perform not to constitute a contravention Division 3 — Probation orders
s 269 Making a probation order s 270 Objects of a probation order s 271 Conditions of a probation order s 272 Maximum period of a probation order Division 4 — Youth supervision and support orders
s 273 Making a youth supervision and support order s 274 Objects of a youth supervision and support order s 275 Ordering a youth justice planning meeting s 276 Conditions of a youth supervision and support order s 277 Ordering judicial monitoring of a youth supervision and support order s 278 Maximum period of a youth supervision and support order s 279 Remission of monitoring etc. to the Children's Court Division 5 — Youth control orders
s 280 Making a youth control order s 281 Objects of a youth control order s 282 Ordering a youth justice planning meeting s 283 Conditions of a youth control order s 284 Maximum period of a youth control order s 285 Non-accountable parental undertaking s 286 Contravention of parental undertaking s 287 Remission of monitoring and other matters to the Children's Court Division 6 — Youth justice plans and youth justice planning meetings
s 288 What is a youth justice plan? s 289 What is a youth justice planning meeting? s 290 Requirements of youth justice planning meeting s 291 Requirements for report of meeting s 292 Confidentiality of meeting s 293 Court may revoke order for youth justice planning meeting Division 7 — Judicial monitoring of youth supervision and support orders and youth control orders
s 294 Reporting and monitoring of youth supervision and support orders and youth control orders s 295 Warning of possible variation or revocation of youth supervision and support order or youth control order Part 7.9 — Special conditions
Division 1 — Special conditions
s 296 Developmental conditions s 297 Restrictive conditions s 298 Restorative condition s 299 Directing manner of compliance with special conditions s 300 Reasons for attaching special conditions to be given Division 2 — Attaching special conditions or varying special conditions
s 301 Attaching special conditions to certain community-based orders s 302 Varying existing special conditions or attaching special conditions to an existing order Part 7.10 — Varying or revoking community-based orders
s 303 Application by Secretary or child to vary or revoke community-based order s 304 Variation or revocation of community-based order s 305 Warrant to arrest for failure to appear s 306 Varying or revoking youth supervision and support order or youth control order without consent or warning Part 7.11 — Contravention of community‑based orders
Division 1 — Revocation of community-based orders for contravention
s 307 Application by Secretary to vary or revoke community-based order for contravention s 308 Court may issue notice to appear before court in relation to contravention of community-based order s 309 Variation or revocation of community-based order for contravention s 310 Variation or revocation of youth supervision and support order or youth control order for contravention without consent or warning Division 2 — General
s 311 Time limit for making application for alleged contravention of order s 312 Warrant may be issued for failure to appear s 313 Bail s 314 Proceeding for contravention of sentence Part 7.12 — General provisions for community-based orders
s 315 Copies of community-based orders to be given s 316 Maximum total period of orders—same type of certain community-based orders s 317 Maximum total period of orders—certain community-based orders and youth justice custodial orders s 318 Community-based orders to be served concurrently unless ordered otherwise s 319 Suspension of community-based orders on the grounds of illness or other exceptional circumstances s 320 Child in custody while subject to order imposing fine or instalment order s 321 Suspension of community-based order—child in custody s 322 Secretary to notify Children's Court when a child subject to a community-based order with judicial monitoring is in custody or has order suspended s 323 Inconsistent conditions s 324 Court not to impose a sentence of detention on child who is under 14 years of age at time of offence except in certain circumstances Part 7.13 — Sentences of detention
Division 2 — Youth justice custodial orders
s 325 Making a youth justice custodial order s 326 Objects of a youth justice custodial order s 327 Maximum period of a youth justice custodial order s 328 Total sentence of detention Part 7.14 — Orders in addition to sentence
s 329 Orders in addition to sentence s 330 Enforcement of orders in addition to sentence Chapter 8 — Appeals
Part 8.1 — Appeal by offender to County Court or Trial Division of Supreme Court
s 331 Right of appeal s 332 How appeal is commenced s 333 Determination of appeal Part 8.2 — Appeals by DPP
s 334 DPP's right of appeal against sentence s 335 How appeal against sentence is commenced s 336 Determination of DPP appeal s 337 DPP's right of appeal—failure to fulfil undertaking s 338 How appeal under section 337 is commenced s 339 Determination of DPP's appeal—failure to fulfil undertaking s 340 Element of double jeopardy not to be taken into account Part 8.3 — Procedure on appeals from Children's Court
s 341 Late notice of appeal taken to be application for leave to appeal s 342 Stay of order s 343 Bail pending appeal s 344 Abandonment of appeal s 345 Appellant's failure to appear s 346 Respondent's failure to appear on appeal by DPP s 347 One notice of appeal for 2 or more sentences s 348 Appeal to County Court or Supreme Court authorised by other Acts Part 8.4 — Reports
Division 1 — Preliminary
s 349 Application of this Part s 350 Warning to be given to persons being interviewed s 351 Confidentiality of reports s 352 Notification of requirement to submit report s 353 Attendance at appellate court of author of report s 354 Disputed reports Division 2 — Pre-sentence reports
s 355 Court may order pre-sentence report s 356 Pre-sentence report must be ordered if appellate court is considering certain orders s 357 Pre-sentence report must be ordered if child has or appears to have a relevant impairment s 358 Supplementary pre-sentence report s 359 Content of pre-sentence report s 360 Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment s 361 Time for filing pre-sentence report s 362 Access to pre-sentence reports s 363 Pre-sentence report to be filed with court Division 3 — Pre-sentence group conference reports
s 364 Pre-sentence group conference report s 365 Content of pre-sentence group conference report s 366 Access to pre-sentence group conference report s 367 Pre-sentence group conference report to be filed with court Division 4 — Youth justice planning meeting report
s 368 Youth justice planning meeting report ordered by appellate court s 369 Youth justice planning meeting report to be filed with court s 370 Access to youth justice planning meeting report Part 8.5 — Appeal to Supreme Court on a question of law
s 371 Appeal to Supreme Court on a question of law s 372 Appeal commenced out of time taken to be application for leave to appeal s 373 Orders of the Supreme Court s 374 Appeal on question of law precludes other appeals Part 8.6 — Appeal to Court of Appeal
s 375 Right of appeal against sentence of detention imposed on appeal from Children's Court s 376 How application for leave to appeal is commenced s 377 Determination of application for leave to appeal under section 376 s 378 Determination of appeal s 379 Orders and powers on successful appeal s 380 Powers and procedure Part 8.7 — Case stated for Court of Appeal
s 381 Reservation of question of law s 382 Adjournment if question of law reserved s 383 Refusal to reserve question of law s 384 Case to be stated if question of law reserved s 385 General powers of Court of Appeal on case stated s 386 Judgment to be entered on record s 387 DPP may refer point of law to Court of Appeal s 388 Powers and procedure Part 8.8 — Status of sentence and orders during appeal period
s 389 Sentence not stayed during appeal period s 390 Bail pending appeal s 391 Stay of certain orders during appeal period s 392 Execution of order for forfeiture or destruction of property Part 8.9 — Miscellaneous
s 393 Appeal by child under 15 years of age s 394 Parent may enter into bail s 395 Appeals to be heard in open court s 396 Legal representation s 397 Interpreters s 398 Explanation of and reasons for orders Part 8.10 — Costs on appeal
s 399 No costs on appeal or new hearing Chapter 9 — Assistance and reports to the Children's Court
Part 9.1 — Assisting the Children's Court
s 400 Children's Court may require Secretary to give assistance s 401 Children's Court may require DFFH Secretary or principal officer of Aboriginal agency to attend or give information or assistance s 402 Duty of Secretary to assist Children's Court s 403 Secretary may apply to Children's Court to be heard Part 9.2 — Reports to the Court
Division 1 — General provisions for reports to the Children's Court
s 404 Application of Division s 405 Notification of requirement to file report s 406 Report author must give warning to persons being interviewed s 407 Attendance at Court of author of report s 408 Disputed report s 409 Confidentiality of reports Division 2 — Specialist assessment reports
s 410 Specialist assessment reports s 411 Author of specialist assessment report may prepare statement for filing with report s 412 Access to specialist assessment reports Division 3 — Pre-sentence reports
s 413 Children's Court may order pre-sentence report s 414 Pre-sentence report must be ordered if Children's Court is considering certain orders s 415 Pre-sentence report must be ordered if child has or appears to have a relevant impairment s 416 Supplementary pre-sentence report s 417 Content of pre-sentence report s 418 Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment s 419 Time for filing pre-sentence report or supplementary pre-sentence report s 420 Access to pre-sentence reports or supplementary pre-sentence reports s 421 Filing of and access to previous pre-sentence report Division 4 — Pre-sentence group conference reports
s 422 Content of pre-sentence group conference report s 423 Filing of pre-sentence group conference report s 424 Access to pre-sentence group conference report Division 5 — Variation reports
s 425 Variation reports s 426 Filing of variation reports s 427 Access to variation reports Division 6 — Contravention reports
s 428 Contravention reports s 429 Access to contravention reports Division 7 — Youth justice planning meeting reports
s 430 Filing of youth justice planning meeting report s 431 Access to youth justice planning meeting report Division 8 — Judicial monitoring reports
s 432 Judicial monitoring reports Division 9 — Progress reports
s 433 Progress reports s 434 Filing of progress report s 435 Extension of time to file report s 436 Access to progress report Chapter 10 — Youth justice custody
Part 10.1 — Guiding custodial principles
s 437 Taking into account guiding custodial principles s 438 Guiding custodial principle—safety, stability and security s 439 Guiding custodial principle—positive development s 440 Guiding custodial principle—individual responses s 441 Guiding custodial principle—additional guiding custodial principles specific to Aboriginal children and young persons s 442 Guiding custodial principle—children's and young persons' voices s 443 Guiding custodial principle—families and community s 444 Guiding custodial principle—collaboration Part 10.2 — Rights and responsibilities
Division 1 — Rights of children and young persons in youth justice custodial centres
s 445 Custodial rights of children and young persons s 446 Obligation to uphold custodial rights s 447 Custodial right—positive development s 448 Custodial right—safety, security and stability s 449 Custodial right—mental and physical health s 450 Custodial right—individual responses s 451 Custodial right—family, community, cultural and religious connections s 452 Custodial right—Aboriginal children and young persons s 453 Custodial right—being informed s 454 Custodial right—children's and young persons' voices s 455 Custodial right—legal representation s 456 Custodial right—external support Division 2 — Responsibility of children and young persons in youth justice custodial centres
s 457 Responsibility to comply with custodial rules s 458 Commissioner for Youth Justice to make custodial rules s 459 Contravention of custodial rules s 460 Responsibility of Secretary in relation to youth justice custodial centres and legal custody of children and young persons Part 10.3 — Legal custody and management and operation of youth justice custodial centres
Division 1 — Responsibility for youth justice custodial centres and legal custody
s 461 Legal custody of child or young person during removal from court to youth justice custodial centre s 462 Commissioner for Youth Justice has operational management responsibility for youth justice custodial centres s 463 Photographs and records Division 2 — Accommodation
s 464 Separate accommodation for certain cohorts s 465 Displacement of presumptions Division 3 — Powers relating to visitors
s 466 Commissioner for Youth Justice may approve entry of visitors s 467 Visitors required to comply with orders s 468 Visitors to give required information s 469 Commissioner for Youth Justice may refuse or terminate visits for security reasons Division 4 — Temporary leave
s 470 Temporary leave from legal custody in youth justice custodial centre s 471 Cancellation of temporary leave permit s 472 Contravention of temporary leave permits s 473 Removal from one youth justice custodial centre to another centre (transfer warrants) Part 10.4 — Prohibited actions and restricted practices
Division 1 — Prohibited actions
s 474 Prohibited actions Division 2 — Use of force
s 475 Use of force prohibited except in certain circumstances s 476 Prohibited physical restraint techniques s 477 Use of instruments of restraint prohibited except in certain circumstances Division 3 — Isolation
s 478 Meaning of isolation s 479 Solitary confinement prohibited s 480 Isolation prohibited unless authorised by Commissioner for Youth Justice s 481 Commissioner for Youth Justice may authorise placing of child or young person in isolation s 482 Commissioner for Youth Justice may authorise placing of group or class of children or young persons in isolation s 483 Commissioner for Youth Justice must determine isolation period for individual child or young person s 484 Commissioner for Youth Justice must determine isolation period for group or class of children or young persons s 485 Reasonable force s 486 Supervision, observation and meaningful human contact while in isolation s 487 Minimum requirements for meaningful human contact during isolation s 488 Review of isolation period s 489 Ending isolation period for individual child or young person s 490 Ending isolation period for group or class of children or young persons s 491 Actions after placing the child or young person in isolation s 492 Child or young person to be informed about actions required and complaints after being placed in isolation s 493 Rights of children and young persons placed in isolation Division 4 — Search of child or young person held in custody in a youth justice custodial centre or of youth justice custodial centre
s 494 Search of child or young person on entering or leaving a youth justice custodial centre s 495 Commissioner for Youth Justice may order search s 496 Search of area ordered under section 495 s 497 Unclothed search of child or young person held in custody in a youth justice custodial centre s 498 Use of reasonable force for unclothed searches must be authorised s 499 General requirements for conducting search of a child or young person held in custody in a youth justice custodial centre s 500 Sex or gender identity of officer conducting pat-down search or unclothed search of child or young person s 501 Additional requirements for conduct of unclothed searches s 502 Actions after completion of an unclothed search s 503 Child or young person to be informed about complaints and actions required after completion of unclothed search s 504 Commissioner for Youth Justice may order search to be terminated s 504A Publication of information—unclothed searches Division 5 — General requirements applying to use of force
s 505 General requirements applying to use of force s 506 Actions to be taken after child or young person subjected to any use of force s 507 Child or young person to be informed of rights to complain and requirements under this Division Division 6 — Search of any other person in a youth justice custodial centre
s 508 Search of any person on entering or leaving a youth justice custodial centre s 509 Commissioner for Youth Justice may order search s 510 General requirements for search of a person other than a child or young person detained in a youth justice custodial centre s 511 Sex or gender identity of officer conducting pat-down search s 512 Consequences of refusal to submit to search s 513 Commissioner for Youth Justice may order search of any person to be terminated Division 7 — Seizure
s 514 Seizure s 515 Seizure Register s 516 Certain seized items to be handed to police s 517 Manner of dealing with seized things that may be used in a legal proceeding s 518 Manner of dealing with seized money s 519 Manner of dealing with other seized articles or things s 520 Disposal Division 8 — Reporting and record keeping
s 521 Use of force by youth justice custodial officer must be reported s 522 Use of isolation must be reported s 523 Use of Force Register s 524 Isolations Register s 524A Publication of information from Isolations Register s 525 Searches Register s 526 Inspection of Registers by Commission for Children and Young People Division 9 — Exemption from liability
s 527 Exemption from liability Part 10.5 — Offences relating to youth justice custodial centres and youth justice community service centres
Division 1 — Offences relating to operation or possession of remotely piloted aircraft or helicopter
s 528 Offences relating to operation or possession of remotely piloted aircraft or helicopter s 529 Youth justice custodial officer may order person to leave public place adjoining youth justice custodial centre s 530 Commissioner for Youth Justice may give authorisation s 531 Search relating to operation or possession of remotely piloted aircraft or helicopter s 532 Seizure of things found in carrying out search under section 531 Division 2 — Escaping from youth justice custodial centre or other custody
s 533 Offence to escape from youth justice custodial centre or other custody s 534 Apprehension without warrant—escaping from youth justice custodial centre or other custody s 535 Search warrant—escaping from youth justice custodial centre or other custody s 536 Placement of child—escaping from youth justice custodial centre or other custody s 537 Offence to harbour or conceal child or young person s 538 Offence to prevent child or young person from returning to youth justice custodial centre s 539 Offence to withdraw child or young person from youth justice custodial centre s 540 Offence to counsel or induce child or young person to escape Division 3 — Other offences relating to youth justice custodial centres and youth justice community service centres
s 541 Offence to enter youth justice custodial centre or youth justice community service centre s 542 Offence to communicate with child or young person in youth justice custodial centre or youth justice community service centre s 543 Offence to communicate with child or young person on leave from youth justice custodial centre s 544 Offence to deliver or introduce certain items to youth justice custodial centre or youth justice community service centre s 545 Offence to take or receive articles or things from child or young person in youth justice custodial centre or youth justice community service centre without consent s 546 Offences to deliver or leave articles or things for introduction into youth justice custodial centre or youth justice community service centre s 547 Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre s 548 Offence to refuse or fail to leave youth justice custodial centre or youth justice community service centre when required to do so s 549 Person may be apprehended without warrant for certain offences Part 10.6 — Change of name applications and acknowledgement of sex applications
Division 1 — Approval to make change of name applications
s 550 Application of Division s 551 Offence to make a change of name application without approval s 552 Application by child or young person in youth justice custodial centre or other person for approval to make a change of name application s 553 Approval by Secretary to make a change of name application s 554 Copy of Secretary's approval or refusal s 555 Registration of name change s 556 Victorian BDM Registrar may correct Register Division 2 — Approval to make acknowledgement of sex applications
s 557 Application of Division s 558 Offence to make an acknowledgement of sex application without approval s 559 Application by child or young person in youth justice custodial centre or other person for approval to make an acknowledgement of sex application s 560 Approval by Secretary to make an acknowledgement of sex application s 561 Copy of Secretary's approval or refusal Part 10.7 — Other provisions relating to youth justice custodial centres
s 562 Detention in default of payment of a fine s 563 Bringing of child or young person before court s 564 Power of police to arrest person in youth justice custodial centre s 565 Interstate transfers of young offenders s 566 Secrecy of security arrangements Chapter 11 — Children and young persons held in police gaols or in custody of transfer officer under transfer authority
Part 11.1 — Rights of children in police gaols
s 567 Rights of children in police gaols s 568 Chief Commissioner of Police to ensure rights are complied with s 569 Right in police gaol—separate accommodation s 570 Right in police gaol—communication s 571 Right in police gaol—individual needs and environment s 572 Right in police gaol—making complaints s 573 Right in police gaol—being informed Part 11.2 — Children and young persons detained in police gaols or in custody of transfer officer under transfer authority
Division 1 — Application of this Part
s 574 No application to child held in custody in police gaol under Terrorism (Community Protection) Act 2003 s 575 Disapplication of provisions of the Corrections Act 1986 s 576 Authority of police custody officer supervisors and police custody officers Division 2 — Prohibited actions
s 577 Prohibited actions Division 3 — Use of force in police gaol or in custody of transfer officer under transfer authority
s 578 Use of force prohibited in certain circumstances s 579 Prohibited physical restraint techniques in police gaols or in custody of a transfer officer under transfer authority s 580 Use of instruments of restraint prohibited except in certain circumstances Division 4 — Unclothed searches
s 581 Unclothed search of child held in custody in a police gaol s 582 Use of reasonable force for unclothed searches must be authorised s 583 Requirements before conducting unclothed searches in police gaols s 584 Conduct of unclothed searches in police gaols s 585 Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol s 586 Actions after completion of an unclothed search s 587 Child to be informed about complaints and actions required after unclothed search Division 5 — General requirements for use of force
s 588 General requirements applying to use of force s 589 Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part s 590 Actions to be taken after child or young person in custody of transfer officer under transfer authority is subjected to use of force under this Part s 591 Child to be informed of rights to complain and entitlements under this Division Chapter 12 — Youth parole
Part 12.1 — Youth Parole Board
Division 1 — The Youth Parole Board
s 592 Youth Parole Board s 593 Terms and conditions of office s 594 Deputy chairperson to act as chairperson s 595 Divisions of the Youth Parole Board s 596 Aboriginal division of the Youth Parole Board s 597 Meetings of the Youth Parole Board s 598 Quorum s 599 Validity of acts or decisions of the Youth Parole Board s 600 Youth Parole Board secretary s 601 Youth Parole Board secretary or member may act on behalf of Youth Parole Board s 602 Evidentiary provisions s 603 Immunity of Youth Parole Board members and secretary from liability s 604 Youth Parole Board annual reports s 605 Additional reports Division 2 — General powers and jurisdiction of the Youth Parole Board
s 606 Powers of Youth Parole Board s 1 The Youth Parole Board should take into account the guiding youth justice principles to the fullest extent possible—see section 17. s 607 Power of Youth Parole Board to compel production of documents and other things or attendance of witnesses s 608 Variation or revocation of notice to produce or notice to attend s 609 Service of notice to produce or notice to attend s 610 Power of Youth Parole Board to compel attendance of witnesses does not affect power of Board to direct child or young person on parole to attend for interview s 611 Appearance by audio visual link s 612 Notice to attend issued to child or young person detained in a youth justice custodial centre s 613 Power to take evidence on oath or affirmation s 614 Offence to fail to comply with a notice to produce or attend s 615 Offence to fail to take oath, make affirmation or answer question s 616 Costs of attending meeting of the Youth Parole Board s 617 Protection of members of the Youth Parole Board at Youth Parole Board meetings Division 3 — Jurisdiction of the Youth Parole Board
s 618 Children and young persons detained in youth justice custodial centre subject to Youth Parole Board Division 4 — Information sharing about incidents and release on parole
s 619 Secretary must give certain information to Youth Parole Board about incidents s 620 Information sharing by Youth Parole Board about release on parole Part 12.2 — Release on parole from youth justice custodial centre
Division 1 — Explanation and use of information
s 621 Explanation of parole orders and decision-making criteria s 622 Use of information given by persons on Youth Justice Victims Register s 623 Use of victim impact statement s 624 Use of parole stage group conference report s 625 Limitation on Youth Parole Board's consideration of terrorism risk information s 626 Secretary may provide terrorism risk information for purposes of this Part s 1 Other sections of this Part impose certain requirements as a consequence of the Secretary providing information under this section. See sections 629 and 639. Division 2 — Release on parole
s 627 Release on parole from youth justice custodial centre s 628 Release on parole of young person subject to youth justice custodial order under section 10AA(2) of the Sentencing Act 1991 s 629 Determination of parole where terrorism risk information provided s 630 Presumption against release on parole in case of terrorism risk s 631 Conditions of a youth parole order s 632 Standard conditions of youth parole order s 633 Additional parole conditions to be imposed in relation to certain offences s 634 Special parole conditions s 635 Child or young person still under sentence until end of parole period Division 3 — Cancellation of parole
s 636 Cancellation of parole s 637 Youth Parole Board must consider cancelling parole of child or young person charged with terrorism or foreign incursion offences in certain circumstances s 638 Youth Parole Board must consider cancelling parole of child or young person who gains a terrorism record while on parole s 639 Youth Parole Board must consider cancelling parole if new terrorism risk information provided s 640 Warrant may be issued if parole cancelled s 641 Execution of warrant issued under section 640 s 642 Cancellation of parole may be revoked s 643 Youth Parole Board may release on parole more than once s 644 Secretary may authorise youth justice community worker to perform functions and exercise duties and powers under youth parole orders Part 12.3 — Parole stage group conference
s 645 Referral for parole stage group conference s 646 Assessment for parole stage group conference s 647 Conference will only proceed with consent of child or young person s 648 Date and time of parole stage group conference s 649 Attendees of parole stage group conference s 650 Objects of parole stage group conference s 651 Conduct of parole stage group conference s 652 Report of parole stage group conference s 653 Confidentiality Part 12.4 — Youth Justice Victims Register
s 654 Youth Justice Victims Register s 655 Functions and powers of the Secretary in relation to the Youth Justice Victims Register s 656 Application to be included on the Youth Justice Victims Register s 657 Inclusion on the Youth Justice Victims Register s 658 Appointment of nominee s 659 Person on the Youth Justice Victims Register to be given certain information s 660 Confidentiality of information s 661 Offence to publish information disclosed under section 659 s 662 Removal of person from Youth Justice Victims Register s 663 Removal of nominee from Youth Justice Victims Register s 664 Person on Youth Justice Victims Register may supply information to Youth Parole Board Chapter 13 — Transfers
Part 13.1 — Transfer directions
Division 1 — Preliminary
s 665 Limitation of Youth Parole Board's consideration of terrorism risk information s 666 Entitlement to legal advice prior to transfer application under Division 2 or 4 being heard and determined Division 2 — Transfer from youth justice custodial centre to prison
s 667 Secretary may apply to Youth Parole Board to transfer child or young person to prison s 668 Secretary may apply for transfer of child 18 years of age or over or young person to prison s 669 Child or young person may apply for transfer to prison s 670 Youth Parole Board must transfer child or young person to prison prior to child or young person turning 25 years of age s 671 Transfer of other existing youth justice custodial orders in force at time a transfer direction is given s 672 Custody—transfer to prison s 673 Parole—transfer to prison Division 3 — Transfer from prison to youth justice custodial centre
s 674 Child or young person in prison may be transferred to youth justice custodial centre s 675 Effect of transfer on sentence s 676 Custody—transfer to youth justice custodial centre s 677 Parole—transfer to youth justice custodial centre Division 4 — Other directions and general matters
s 678 Child or young person transferred to prison—default of payment of fine or sum of money s 679 Child or young person in youth justice custodial centre sentenced to imprisonment s 680 Child or young person in prison sentenced to detention in youth justice custodial centre s 681 Transfers unaffected by appeal s 682 Child or young person in youth justice custodial centre sentenced to term of imprisonment—presumption of concurrent service of sentences s 683 Child or young person in prison sentenced to term of detention in youth justice custodial centre—presumption of concurrent service of sentences Part 13.2 — Service of sentences of detention and sentences of imprisonment
s 684 Serving sentence of detention in youth justice custodial centre and held in custody elsewhere Chapter 14 — Multi-agency panels and high risk panel
Part 14.1 — Multi-agency panels
s 685 Secretary may establish multi-agency panels s 686 Membership of multi-agency panels s 687 Purpose of multi-agency panels s 688 Functions of multi-agency panels s 689 Who is a MAP eligible child or young person? s 690 Cooperation and shared responsibility s 691 Chair may assess and accept MAP eligible child or young person for oversight by multi-agency panel s 692 Confidentiality of multi-agency panel meetings and information Part 14.2 — High risk panel
s 693 Commissioner for Youth Justice may establish high risk panel s 694 Membership of high risk panel s 695 Purpose of high risk panel s 696 Functions of high risk panel s 697 Cooperation and shared responsibility s 698 Assessment for admission to high risk panel s 699 Confidentiality of high risk panel meetings and information Chapter 15 — Sharing of confidential information
Part 15.1 — Sharing of confidential information
s 700 Application of Part s 701 What is an official duty? s 702 Who is an official person? s 703 Who is an information holder? s 704 Request for confidential information from a relevant person s 705 Disclosure of confidential information without request s 706 Disclosure of confidential information to interstate youth justice agency s 707 Disclosure of information for purposes of sentencing s 708 Disclosure of confidential information for case management, case planning and service delivery purposes s 709 Disclosure to a parent or legal representative s 710 Disclosure made in good faith protected s 711 No consent required from person to whom confidential information relates s 712 Relevant persons and panel members authorised to use and disclose confidential information despite specified provisions s 713 Offence for unauthorised disclosure of confidential information s 714 Offence for unauthorised use of confidential information Part 15.2 — Sharing of terrorism risk information
s 715 What is the permitted purpose for disclosing information under this Part? s 716 Secretary or Department may disclose terrorism risk information s 717 Youth Parole Board may disclose terrorism risk information Chapter 16 — System planning, performance, collaboration and accountability
s 718 Strategic plan s 719 Publication of prescribed information—operation of youth justice system s 720 Obligations in delivery of services in youth justice system s 721 Publication of prescribed information—accountability measures to improve outcomes for Aboriginal children and young persons Chapter 17 — Children and Young Persons Infringement Notice System (CAYPINS)
Part 17.1 — Preliminary
s 722 Application of CAYPINS procedure s 723 Certain agencies may give information for enforcement purposes s 724 Court may order infringement penalty be dealt with through CAYPINS procedure Part 17.2 — Enforcement of infringement notices
s 725 Enforcement agency to provide documents for registration of infringement penalty s 726 Registration of infringement penalty s 727 Multiple registered infringement penalties may be dealt with together s 728 Extended period for registration if work and development permit cancelled s 729 Enforcement agency may request cancellation of registration s 730 Notice of registration s 731 Child's options s 732 Applications concerning extended time to pay registered amount s 733 Registrar's enforcement decision s 734 Notice of enforcement decision s 735 Court review of CAYPINS enforcement order s 736 Effect of CAYPINS cancellation order s 737 CAYPINS enforcement hearing s 738 Effect of orders made under this Part s 739 Expiry of CAYPINS enforcement orders and CAYPINS cancellation orders s 740 Reinstatement of order made under this Part s 741 Service of documents Part 17.3 — Cancellation of infringement notice
s 742 Cancellation of infringement notice if child not aware s 743 Powers of Children's Court to cancel infringement notice Part 17.4 — Decision to go to court
s 744 Commencing proceeding for summary offence Chapter 18 — General
Part 18.1 — Additional safeguards
s 745 Statements by child or young person participating in treatment or rehabilitation program not admissible in proceedings s 746 Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced s 747 Statements by child or young person participating in restorative justice program not admissible in subsequent proceedings Part 18.2 — Powers in relation to medical services
s 748 Powers in relation to assessment, medical treatment and admission to hospital Part 18.3 — Cultural support plans for Aboriginal children and young persons
s 749 Objects of cultural support plan s 750 Development of cultural support plan s 751 Secretary to assist Aboriginal child or young person to develop cultural support plan in accordance with request s 752 Record of cultural support plan s 753 Use of cultural support plan s 754 Report to Commission for Children and Young People Part 18.4 — Establishment, approval and abolition of youth justice services
s 755 Establishment or abolition of youth justice custodial centre s 756 Establishment, approval or abolition of youth justice community service centre s 757 Approval of services Part 18.5 — Matters relating to group conferences
s 758 Person engaged to convene group conferences s 759 Functions of group conference convenor s 760 Remote conduct of or participation in group conference s 761 Obligation to keep records s 762 Financial assistance for victims of crime Part 18.6 — Enforcement and other matters
s 763 Offence to obstruct Secretary, Commissioner or employee s 764 Requirements relating to reporting Part 18.7 — Limitation of the Supreme Court's jurisdiction
s 765 Supreme Court—limitation of jurisdiction Part 18.8 — Regulations
s 766 Regulations s 767 Regulations dealing with transitional matters Chapter 19 — Transitional provisions and consequential amendments relating to minimum age of criminal responsibility
Part 19.1 — Transitional provisions
s 768 Definitions s 769 Person cannot be held criminally responsible for conduct at 10 or 11 years of age s 770 Person must be released from custody for offence committed at 10 or 11 years of age s 771 Criminal proceeding on foot s 772 Criminal proceeding adjourned for therapeutic treatment order or protection order s 773 Conviction or finding of guilt to be set aside s 774 Presumption that person cannot be held criminally responsible for conduct at 12 or 13 years of age s 775 Power to resolve transitional difficulties in proceeding s 776 Regulations dealing with transitional matters—minimum age of criminal responsibility s 777 Costs s 778 No new entitlement to compensation Part 19.2 — Amendment of Bail Act
s 779 Definitions s 780 Determination in relation to a child Part 19.3 — Amendment of Children, Youth and Families Act
s 781 Definitions s 782 Part 5.1 repealed s 783 Time limits for filing a charge-sheet s 1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024. s 784 Children to be proceeded against by summons s 785 Matters to be taken into account s 786 Court may make youth residential centre order s 787 Rules s 788 Schedule 3—Definitions Part 19.4 — Amendment of Commission for Children and Young People Act
s 789 Delegation s 790 Definition s 791 Section 60 amended Part 19.5 — Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act
s 792 Definitions s 793 Section 38ZG repealed s 794 How long does a supervision order last? s 795 New section 91 inserted Part 19.6 — Amendment of Crimes Act
Division 1 — Conspiracy, incitement, recruitment and complicity
s 796 Conspiracy to commit an offence s 797 New section 321AA inserted s 798 New section 321GA inserted s 799 Definitions s 800 Recruiting a child to engage in criminal activity s 801 Child need not engage in conduct or be prosecuted or found guilty of an offence s 802 Limitation on prosecution s 803 New section 324AB inserted Division 2 — Investigation, fingerprinting and forensic procedures
s 804 Questioning or investigation of person already held for another matter s 805 Fingerprinting of children aged 14 or under s 806 Children's Court may order fingerprinting s 807 Forensic procedure on child s 808 Forensic procedure following the commission of forensic sample offence s 809 Forensic procedure following finding of not guilty because of mental impairment Division 3 — Destruction of records
s 810 New sections 464ZGFC and 464ZGFD inserted s 464ZGFC Destruction of fingerprints for children under 12 years of age s 464ZGFD Destruction of samples and other identifying information for children under 12 years of age Part 19.7 — Amendment of Criminal Procedure Act
s 811 Definitions s 812 Commencement of a criminal proceeding in the Magistrates' Court s 1 A criminal proceeding against a child is commenced in the same manner in the Children's Court: section 528 of the Children, Youth and Families Act 2005. s 813 Summons or warrant to be accompanied by charge-sheet and notice when served s 814 Contents of preliminary brief s 815 Contents of full brief s 816 Documents to be provided by police at first mention hearing s 817 Summary case conference s 818 Contents of hand-up brief s 819 Contents of plea brief s 820 Powers of court at directions hearing s 821 Court may make orders and other decisions before trial s 822 Pre-trial orders and other decisions generally binding on trial judge s 823 New Division 5 of Part 5.5 inserted s 206A Application for pre-trial hearing about presumption against criminal responsibility s 206B Issue to be determined expeditiously s 206C Conduct of pre-trial hearing about presumption against criminal responsibility s 206D Court to be constituted by the same judge who made pre-trial determination s 206E Determination at pre-trial hearing as to whether presumption is rebutted s 206F Judgment in pre-trial hearing of presumption against criminal responsibility s 206G Court may make suppression order s 824 Determination of appeal s 825 New section 300A inserted s 826 Meaning of fresh and compelling evidence Part 19.8 — Amendment of Family Violence Protection Act
s 827 Contravention of family violence intervention order s 828 Contravention of order intending to cause harm or fear for safety s 829 Persistent contravention of notices and orders Part 19.9 — Amendment of Fines Reform Act
s 830 Definitions s 831 New section 201C inserted Part 19.10 — Amendment of Independent Broad-based Anti-corruption Commission Act
s 832 Disclosure or provision of information by the IBAC Part 19.11 — Amendment of Infringements Act
s 833 Definitions s 834 New Division 4 of Part 16 inserted s 218 Definition of commencement day s 219 Child cannot be held criminally responsible for infringement offence at 10 or 11 years of age s 220 Child to be released from obligation to pay an infringement penalty s 221 Proceeding in Children's Court to be discontinued Part 19.12 — Amendment of Jury Directions Act
s 835 Application of Act to criminal proceedings without juries Part 19.13 — Amendment of Open Courts Act
s 836 Other laws restricting or prohibiting publication not affected Part 19.14 — Amendment of Personal Safety Intervention Orders Act
s 837 Section 18 amended s 838 Division 4—Justice Legislation Miscellaneous Amendment Act 2018—statute law revision s 839 New Division 6 of Part 13 inserted s 200 Transitional provision—Youth Justice Act 2024—increase in minimum age of criminal responsibility s 201 Transitional provision—Youth Justice Act 2024—dismissal of application s 202 Transitional provision—Youth Justice Act 2024—power to resolve transitional difficulties in proceeding Part 19.15 — Amendment of Sentencing Act
s 840 Factors to be considered in determining offender's character Part 19.16 — Amendment of Spent Convictions Act
s 841 Definitions s 842 Use of criminal record information by law enforcement agencies, courts and tribunals s 843 Collection, use and disclosure of criminal record information by Court Services Victoria s 844 New Part 4A inserted s 24A Disclosure of spent childhood conviction s 24B Restriction on use of spent childhood conviction for law enforcement function s 24C Restriction on use of spent childhood conviction in civil or criminal proceeding s 24D Restriction on use of spent childhood conviction for other purposes s 24E Offence to contravene spent childhood conviction safeguards s 845 Regulations Part 19.16A — Amendment of Summary Offences Act
s 845A Contravening certain conduct conditions of bail undertakings Part 19.17 — Amendment of Victims' Charter Act
s 846 Definition of person adversely affected by crime s 2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024."; s 847 Definition of victim s 2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024."; s 848 Objects s 2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.". s 849 Nomination of representatives s 850 Victims' privacy s 851 Information regarding complaints process for persons adversely affected by crime Part 19.18 — Amendment of Youth Justice Act
s 852 Definitions s 853 Commission for Children and Young People not to prejudice legal proceedings or investigations Part 19.19 — Repeal of amending Parts
s 854 Repeal of amending Parts Chapter 20 — Additional amendments to the Children, Youth and Families Act
Part 20.1 — Additional amendments to the Children, Youth and Families Act
s 855 New sections 347B and 347C inserted s 347C Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced s 856 New section 491A inserted Part 20.2 — Repeal of this Chapter
s 857 Repeal of this Chapter Chapter 21 — Transitional provisions
Part 21.1 — General transitional provisions
s 858 Definitions s 859 General transitional provision s 860 Renumbering s 861 References to a superseded provision Part 21.2 — Early diversion group conferences
s 862 Early diversion group conferences Part 21.3 — Criminal proceedings
s 863 Criminal proceedings and imposition of sentence Part 21.4 — Sentencing
s 864 Deferrals of sentence s 865 Maximum period of a youth justice custodial order—offences relating to remand centres, youth justice centres and youth residential centres Part 21.5 — Youth justice services
s 866 Transitional provision—youth justice custodial centres s 867 Transitional provision—youth justice community service centres s 868 Transitional provision—services s 869 References to remand centres, youth residential centres, youth justice centres and youth justice units s 870 References to remand centres, youth residential centres and youth justice centres in Children, Youth and Families Act 2005 and other Acts before the commencement of this Act Part 21.6 — Sentences imposed under the Children, Youth and Families Act
Division 1 — General
s 871 Definitions s 872 Children, Youth and Families Act orders to continue in accordance with Part 5.3 of the Children, Youth and Families Act 2005 s 873 Revocation of Children, Youth and Families Act order and making of order under this Act s 874 Application made or breach proceeding commenced but matter not heard and determined Division 2 — Accountable undertakings
s 875 CYFA accountable undertakings Division 3 — Good behaviour bonds
s 876 CYFA good behaviour bonds Division 4 — Probation orders
s 877 CYFA probation orders—re-offending during period of order s 878 CYFA probation orders—revocation and imposition of sentence more severe in the hierarchy s 879 CYFA probation orders—special conditions Division 5 — Youth supervision orders
s 880 CYFA youth supervision orders—re-offending during period of order s 881 CYFA youth supervision orders—special conditions s 882 CYFA youth supervision orders—judicial monitoring Division 6 — Youth attendance orders
s 883 CYFA youth attendance orders—special conditions Division 7 — Youth control orders
s 884 CYFA youth control orders—special conditions s 885 CYFA youth control orders—revocation s 886 CYFA youth residential centre orders and CYFA youth justice centre orders to be treated as a youth justice custodial order for purposes of this Act Part 21.7 — Transitional provisions—Youth parole
s 887 Transitional provisions—Youth Parole Board and membership of the Board s 888 Transitional provisions—decision-making by the Youth Parole Board s 889 Transitional provisions—youth parole orders s 890 Transitional provisions—cancellation of parole before commencement of section 627 s 891 Transitional provisions—youth parole officers s 892 Transitional provisions—incident reporting, annual reports and eligibility for inclusion on the Youth Justice Victims Register Part 21.8 — Transfers under Chapter
s 893 Time spent in a youth residential centre and youth justice centre s 894 Application for transfer direction made but not yet determined on the commencement of Chapter 13 s 895 Infringement penalties registered under Schedule 3 to the Children, Youth and Families Act 2005 to be dealt with under CAYPINS procedure s 896 Application for approval to make change of name application or acknowledgement of sex application made but not yet determined on the commencement of Part 10.6 Part 21.9 — Other transitional provisions
s 897 Transitional provision—Commissioner for Youth Justice s 898 Transitional provision—appeals Chapter 22 — Bail amendments
Part 22.1 — Amendment of Bail Act
Division 1 — Trial of electronic monitoring of children on bail in certain circumstances
s 899 Definitions s 900 Surrounding circumstances s 901 All offences—unacceptable risk test s 902 Conduct conditions s 903 New Part 2A inserted Division 1 — Preliminary
s 17C Definitions s 17D Meaning of applicable decision s 17E What are electronic monitoring conditions? s 17F What is a suitability report? Division 2 — Electronic monitoring of children on bail
s 17G When bail decision maker may impose electronic monitoring conditions s 17H Bail decision maker may adjourn for preparation of suitability report s 17I Extension of bail where electronic monitoring conditions imposed s 17J Varying conditions of bail by revoking related conduct condition s 17K Accused ceasing to be of eligible age does not affect electronic monitoring conditions s 17L Electronic monitoring devices and equipment to be removed if conditions cease s 17M Temporary removal of electronic monitoring device if person arrested Division 3 — Miscellaneous
s 17N Confidentiality of personal information s 17O Delegation s 17P Regulations for this Part Division 2 — Scheduled offences, unacceptable risk and conduct conditions
s 903A All offences—unacceptable risk test s 903B Conduct conditions s 903C New section 30A inserted Division 3 — Examples, revocation and review
s 903D All offences—unacceptable risk test s 903E All offences—unacceptable risk test s 903F Application for revocation of bail s 903G Section 32C amended Division 4 — Transitional provisions and technical amendments
s 904 Transitional provisions s 905 Statute law revision s 906 References to conditions of bail and bail undertakings Part 22.2 — Consequential amendments to Surveillance Devices Act
s 907 Regulation of installation, use and maintenance of tracking devices Part 22.3 — Repeal of this Chapter
s 908 Repeal of this Chapter Chapter 23 — Amendment of other Acts
Part 23.1 — Amendment of Appeal Costs Act
s 909 Application for indemnity certificate by respondent if the Crown or DPP appeals Part 23.2 — Amendment of Bail Act
s 910 Definitions s 911 Section 3C substituted s 912 Power to return accused to youth justice custodial centre s 913 Power of bail justice to grant or refuse bail s 913A Offence to commit Schedule 1 offence or Schedule 2 offence while on bail s 914 Transitional provisions Part 23.3 — Amendment of Births, Deaths and Marriages Registration Act
s 915 Definitions Part 23.4 — Amendment of Child Wellbeing and Safety Act
s 916 Schedule 7—Specified provisions Part 23.5 — Amendment of Children, Youth and Families Act
Division 1 — Repeals
s 917 Purposes s 918 Definitions s 919 Sections 3A and 3B repealed s 920 Delegation s 921 Parts of Chapter 5 repealed s 922 Part 6.2 repealed s 923 Section 522A repealed s 924 Sections 543 and 544 repealed s 925 Reports to which Part applies s 926 Divisions 6 and 7 of Part 7.8 repealed s 927 Part 7.9 repealed s 928 Sections 585 and 586 repealed s 929 Supreme Court—limitation of jurisdiction s 930 Regulations s 931 Schedule 2 and Schedule 3 repealed Division 2 — Consequential amendments
s 932 Definitions s 933 Role of recognition principles s 934 Decision makers to have regard to principles s 935 Role of principles s 936 Disclosure of information for administrative purposes s 937 Report by Secretary s 938 Who is a mandatory reporter? s 939 Referral to Therapeutic Treatment Board for advice s 940 Appeals to be heard in open court s 941 President s 942 Annual report s 943 Jurisdiction of Criminal Division s 944 Joint committal proceedings s 945 Koori Court (Criminal Division) s 946 Jurisdiction of Koori Court (Criminal Division) s 947 Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court s 948 Circumstances in which Koori Court (Criminal Division) may deal with certain offences s 949 Sentencing procedure in Koori Court (Criminal Division) s 950 Neighbourhood Justice Division s 951 Jurisdiction of Neighbourhood Justice Division s 952 Transfer of proceedings s 953 Sentencing procedure in Neighbourhood Justice Division s 954 Application of Act to other Courts s 955 Procedural guidelines to be followed by Court s 956 Proceedings to be heard in open court s 957 Legal representation s 958 Proceedings in which child is required to be legally represented s 959 Interpreter s 960 Explanation of and reasons for orders s 961 Court to have powers of Magistrates' Court s 962 Recall and cancellation of warrant s 963 Power to adjourn proceeding s 964 Restriction on publication of proceedings s 965 Certain publications exempted from the restriction on publication of proceedings s 966 Certain publications exempted if publication is in relation to sentencing of an adult s 967 Principal registrar, registrars and deputy registrars s 968 Appointment of Aboriginal elders or respected persons s 969 Court register s 970 Process s 971 Powers of registrar s 972 Assignment of duties s 973 Performance of duties by judicial registrar s 974 Children's Court Clinic s 975 Disputed report s 976 Confidentiality of reports s 977 Rules s 978 Rules of court s 979 Rules of court—Koori Court (Criminal Division) s 980 Practice notes s 981 Service of documents s 982 Service on parent or child or other person s 983 Proof of service s 984 Person may cause document to be served s 985 Powers of Secretary in relation to medical services and operations s 986 Regulations s 987 New section 636 inserted Part 23.6 — Amendment of Civil Procedure Act
s 988 Application of this Act Part 23.7 — Amendment of Commission for Children and Young People Act
s 989 Definitions s 990 Vulnerable children and young persons s 991 Commission may conduct inquiry concerning provision of services s 992 Disclosure of information by Secretary s 993 New section 60B inserted s 994 New section 74 inserted Part 23.8 — Amendment of Control of Weapons Act
s 995 Forfeiture of controlled weapons if infringement notice served Part 23.9 — Amendment of Coroners Act
s 996 Definitions and reportable death Part 23.10 — Amendment of Corrections Act
s 997 Sections 6D and 6E amended s 998 Sections 9AA and 9A amended s 999 Use of reasonable force by staff—police gaols s 1000 Legal custody of prisoners and detainees transferred to institutions and designated mental health services s 1001 Functions of Board s 1002 Young offenders—sentence and non-parole period s 1003 Power to restrain detained persons s 1004 Search powers s 1005 Sections 104DA and 104DB amended s 1006 Use of reasonable force by police custody officers s 1007 General power to authorise transfers of detained persons s 1008 Definitions Part 23.11 — Amendment of County Court Act
s 1009 Power to complete matters—judges and reserve judges Part 23.12 — Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act
s 1010 Definitions s 1011 Court may make orders pending investigation into fitness s 1012 Definitions s 1013 Procedure at special hearings s 1014 Warrant to arrest child breaching non-custodial supervision order who leaves Victoria s 1015 Contents of report s 1016 Victim impact statements s 1017 Certificate of available services Part 23.13 — Amendment of Crimes Act
s 1018 Causing serious injury intentionally s 1019 Causing serious injury recklessly s 1020 Causing injury intentionally or recklessly s 1020A Assaults s 1021 Intimidation of a law enforcement officer or a family member of a law enforcement officer s 1022 Care, supervision or authority s 1023 Powers of police officer or protective services officer to apprehend offenders s 1024 Definitions s 1025 Fingerprinting of adults and children aged 15 or above s 1026 Fingerprinting of children aged 14 or under s 1027 Children's Court may order fingerprinting s 1028 Destruction of records s 1029 Informed consent s 1030 Informed consent—DNA person and their parent or guardian s 1031 Forensic procedure following the commission of forensic sample offence s 1032 Warrants issued for forensic procedures under section 464ZF or 464ZFAAA s 1033 Destruction of identifying information s 1034 Safeguards after giving sample s 1035 Young person sentenced to life imprisonment s 1036 Sentences of imprisonment etc. to be carried out according to law relating to prisons s 1037 Amendment of definitions Part 23.14 — Amendment of Criminal Procedure Act
s 1038 Definitions s 1039 Time limits for filing a charge-sheet s 1040 Court may issue summons or warrant to arrest s 1041 Police or public official may issue summons s 1042 Procedure before and on committing accused for trial s 1043 Court may transfer certain charges to Magistrates' Court or Children's Court s 1044 Charges returned to Children's Court s 1045 Release from custody on discontinuance of prosecution s 1046 Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court s 1047 Power to adjourn proceeding s 1048 Power to return accused to youth justice custodial centre s 1048A New section 465 inserted Part 23.15 — Amendment of Drugs, Poisons and Controlled Substances Act
s 1049 Adjourned bonds to be given in certain cases s 1050 Retention and return of seized items Part 23.16 — Amendment of EastLink Project Act
s 1051 Enforcement of infringement penalty s 1052 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone Part 23.17 — Amendment of Education and Training Reform Act
s 1053 Definitions Part 23.18 — Amendment of Evidence (Miscellaneous Provisions) Act
s 1054 Definitions Part 23.19 — Amendment of Family Violence Protection Act
s 1055 Schedule 1—Specified provisions Part 23.20 — Amendment of Fines Reform Act
s 1056 Definitions s 1057 Application for work and development permit s 1058 Work and development permit may extend period for commencing proceeding for offence s 1059 Part does not apply to children s 1060 Person may apply for payment arrangement s 1061 Payment arrangement may extend period for commencing a proceeding for offence Part 23.21 — Amendment of Graffiti Prevention Act
s 1062 Forfeiture of graffiti implements s 1063 Return of seized items when no proceedings brought etc. Part 23.22 — Amendment of Independent Broad-based Anti-corruption Commission Act
s 1064 Definitions Part 23.23 — Amendment of Infringements Act
s 1065 Definitions s 1066 Infringement offences to which this Act applies s 1067 Forms of infringement notice s 1068 Late payment s 1069 Person may elect to have matter heard in Court or Children's Court s 1070 Enforcement agency can refer matter to Court or Children's Court s 1071 Withdrawal of infringement notice s 1072 Application for internal review s 1073 Decision to go to Court s 1074 Extension of time for commencement of proceedings if work and development permit cancelled s 1075 Payment plans available in certain circumstances s 1076 Payment plans may extend period for commencing proceedings for offence Part 23.24 — Amendment of Judicial Commission of Victoria Act
s 1077 Definitions Part 23.25 — Amendment of Jury Directions Act
s 1078 Application of Act to criminal proceedings without juries s 1079 Jury Directions and Other Acts Amendment Act 2017 s 1080 Victims and Other Legislation Amendment Act 2018 s 1081 Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 s 1082 Justice Legislation Amendment Act 2023 Part 23.26 — Amendment of Magistrates' Court Act
s 1083 Definitions s 1084 Updated references to Department and Secretary s 1085 Power to complete matters—magistrates and reserve magistrates s 1086 Rules of Court s 1087 Extent of jurisdiction s 1088 Warrants s 1089 Recall and cancellation of warrant s 1090 Duplicate warrants s 1091 Effect of defect or error in certain warrants s 1092 Provisions extend to detention in youth justice centre s 1093 Directions in, and authority of, remand warrant s 1094 New clause 59A of Schedule 8 inserted Part 23.27 — Amendment of Major Crime (Investigative Powers) Act
s 1095 Definitions Part 23.28 — Amendment of Melbourne City Link Act
s 1096 Application of Infringements Act 2006 or Fines Reform Act 2014 procedure s 1097 Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone Part 23.29 — Amendment of Mental Health and Wellbeing Act
s 1098 Definitions s 1099 Effect of detention in custody on certain orders s 1100 Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances s 1101 Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances s 1102 Powers of entry s 1103 Powers of entry to the premises of a mental health and wellbeing service provider s 1104 Construction of references Part 23.30 — Amendment of Monitoring of Places of Detention by the United Nations Subcommittee on Prevention of Torture (OPCAT) Act
s 1105 Meaning of place of detention Part 23.31 — Amendment of North East Link Act
s 1106 Definitions s 1107 Section 88 amended s 1108 Granting extension of time Part 23.32 — Amendment of Prisoners (Interstate Transfer) Act
s 1109 Definitions Part 23.33 — Amendment of Privacy and Data Protection Act
s 1110 Definitions Part 23.34 — Amendment of Public Health and Wellbeing Act
s 1111 Application to be made before certain enforcement related events s 1112 Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court Part 23.35 — Amendment of Road Safety Act
s 1113 Extension of time if no actual notice for certain traffic infringements s 1114 When order takes effect s 1115 Traffic infringements s 1116 Extension of time to object if no actual notice s 1117 Extension of time to lodge statement under section 84BE s 1118 Application and modification of Schedule 3 to the Children, Youth and Families Act 2005 Part 23.36 — Amendment of Sentencing Act
s 1119 Definitions s 1120 Definitions for purposes of this Part s 1121 Sentences s 1122 Court may order pre-sentence report s 1123 Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty s 1124 Sentences—whether concurrent or cumulative s 1125 Commencement of sentences s 1126 Service in a secure custody facility s 1127 Heading to Subdivision (4) of Division 2 of Part 3 amended s 1128 Youth justice custodial orders s 1129 New section 32AA inserted s 1130 Sentences to be concurrent unless otherwise directed s 1131 Commencement of sentences s 1132 Court may reopen proceeding to correct penalties imposed contrary to law s 1133 Release by Governor in exercise of royal prerogative of mercy s 1134 New section 171A inserted Part 23.37 — Amendment of Sex Offenders Registration Act
s 1135 Definitions s 1136 Sex offender registration order s 1137 Definitions s 1138 New section 73L inserted Part 23.38 — Amendment of Social Services Regulation Act
s 1139 Definitions Part 23.39 — Amendment of Spent Convictions Act
s 1140 Definitions s 1141 Meaning of custodial term s 1142 How length of custodial term to be determined s 1143 Restriction on use of spent childhood conviction for law enforcement function s 1144 Restriction on use of spent childhood conviction in civil or criminal proceeding s 1144A Assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty Part 23.40 — Amendment of Sustainable Forests (Timber) Act
s 1145 Retention and return or forfeiture of certain seized items Part 23.41 — Amendment of Terrorism (Community Protection) Act
s 1146 Definitions s 1147 Nature of police detention decisions in relation to children—detention in youth justice custodial centres s 1148 Recording of police detention decision s 1149 Detention of children in a youth justice custodial centre s 1150 Application of Youth Justice Act 2024 to children detained under this Part s 1151 Transfer of detained child into legal custody of Chief Commissioner for questioning s 1152 Return of child to youth justice custodial centre at end of questioning s 1153 Restrictions on contact with other people s 1154 Use of identification material s 1155 Representations to a nominated senior police officer s 1156 Parents or guardians prohibited from disclosing certain information s 1157 Preventative detention orders s 1158 Nature of preventative detention order s 1159 Extension of preventative detention order s 1160 Application by detainee for revocation or variation of preventative detention order or prohibited contact order s 1161 Application by police for revocation or variation of preventative detention order or prohibited contact order s 1162 Arrangement for detainee to be held in youth justice custodial centre s 1163 Transfer of detained person into legal custody of Chief Commissioner for questioning s 1164 Return of person to place of detention at end of questioning s 1165 Restriction on contact with other people s 1166 Disclosure offences s 1167 Use of identification material Part 23.42 — Amendment of Victoria Police Act
s 1168 Considerations to be taken into account in authorising the giving of agency photographs Part 23.43 — Amendment of Victorian Inspectorate Act
s 1169 Definitions Part 23.44 — Amendment of West Gate Tunnel (Truck Bans and Traffic Management) Act
s 1170 Definitions s 1171 Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure s 1172 Granting extension of time Part 23.45 — Amendment of Worker Screening Act
s 1173 Pending charges s 1174 Child-related work Part 23.46 — Amendment of Youth Justice Act
s 1175 Meaning of child Part 23.47 — Repeal of this Chapter
s 1176 Repeal of this Chapter s 1 Definitions s 2 Minister may enter into general agreement s 3 Secretary may make arrangements s 4 Arrangement for transfer out of Victoria s 5 Arrangement for transfer to Victoria s 6 Provisions to be made in each arrangement s 7 Transfer order made under an arrangement s 8 Transfer to Victoria in custody of escort s 9 Reports s 10 Transfer of sentence or order with transferee s 11 Sentence etc. taken to have been imposed in this State s 12 Lawful custody for transit through Victoria s 13 Escape from custody of young offender being transferred s 14 Escape from custody—penalty s 15 Revocation of order of transfer on escape from custody s 16 Revocation of order of transfer by consent Endnote 1 General information Endnote 2 Table of Amendments Endnote 3 Explanatory details