What is an official duty?
701 What is an official duty?
For the purposes of this Part, any of the following is an official duty—
the administration of this Act;
the performance of any function or duty or exercise of any power under this Act;
the coordination or delivery of education, health, rehabilitation or other programs or services, including case management and case planning, to a child or young person who—
is charged with an offence; or
is held in custody in a youth justice custodial centre; or
is subject to an order or sentence imposed under this Act;
the coordination, administration or delivery of pre-charge diversion processes, including assessing a child's suitability or eligibility for a youth warning, a youth caution or an early diversion group conference;
the preparation or coordination of reports for the purposes of proceedings or conferences under this Act;
the preparation and coordination of information required to assist the Children's Court for the purposes of proceedings or conferences under this Act;
the administration of a sentence or order made under this Act;
the assessment of a child's or young person's suitability to be accommodated in a youth justice custodial centre, including assessment of the appropriate form of care, custody and supports that are necessary to address the child or young person's risks and needs;
any other prescribed function, duty or power.
Notes
1 This Chapter applies in respect of a child held in custody in a youth justice custodial centre under Part 2AA or 2A of the Terrorism (Community Protection) Act 2003. However, in the event of any inconsistency between this Chapter and the provisions of Part 2AA of the Terrorism (Community Protection) Act 2003, the relevant provisions of that Act prevail—see section 13AS of the Terrorism (Community Protection) Act 2003.
2 In the event of any inconsistency between this Chapter and the provisions of Part 2A of the Terrorism (Community Protection) Act 2003, a preventative detention order under that Act, or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of the Terrorism (Community Protection) Act 2003 or the terms of either order (as the case requires) prevail—see section 13WA of the Terrorism (Community Protection) Act 2003.
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