Youth Justice Act 2024

The Children's Court may make an order for the supervision and control of a child if the Court—

finds the child guilty of one or more offences whether indictable or summary; and

considers that the child would otherwise be sentenced to detention in a youth justice custodial centre as a result of the gravity or habitual nature of the child's unlawful behaviour.

The Children's Court must not make a youth control order unless—

the offence or one of the offences committed by the child is punishable by imprisonment; and

the Court has made inquiries of the Secretary and is satisfied that the child is a suitable person to be placed on a youth control order; and

the child consents to a youth control order being made; and

a youth justice plan has been developed for the child.

In determining whether to make a youth control order, the Children's Court must have regard to the following—

the child's behaviour on any bail supervision program in which the child has participated;

the child's behaviour while remanded in custody, if applicable;

the extent to which the child has acknowledged responsibility for their offending;

the availability of education, training or work opportunities (whether paid or unpaid) for the child;

the child's willingness to engage in education, training or work (whether paid or unpaid);

the youth justice planning meeting report in respect of the child for the offending;

any pre-sentence report;

any previous pre-sentence report and a supplementary pre-sentence report, if applicable;

any other matter the Court considers relevant.