Statements by child or young person participating in treatment or rehabilitation program not admissible in proceedings
745 Statements by child or young person participating in treatment or rehabilitation program not admissible in proceedings
Any statement, confession, admission or information that is made or given by a child or young person for the purposes of assessment for a treatment or rehabilitation program or whilst participating in a treatment or rehabilitation program is not admissible in—
a hearing under the Bail Act 1977; or
any proceeding (whether civil or criminal) other than a proceeding for a support and engagement order under the Terrorism (Community Protection) Act 2003.
Subsection (1) does not apply if a child or young person consents to the use or disclosure of the statement, confession, admission or information referred to in that subsection.
In this section—
treatment or rehabilitation program means any treatment, rehabilitation or intervention program provided under this Act that is offered to or undertaken by a child or young person for the purposes of addressing or responding to the underlying causes of the child's or young person's offending or alleged offending, or to counter violent extremism or radicalisation, including any treatment, rehabilitation or intervention program offered—
as part of early intervention or diversion; or
after the child or young person is charged with an offence or while on bail or remand; or
after the commencement of a proceeding; or
while subject to a community service order, a probation order, a youth supervision and support order or a youth control order or serving a sentence of detention.
This Act’s bill:Explanatory memorandumSecond reading speech
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