Youth Justice Act 2024

A court may make any order it considers appropriate to resolve a difficulty in a proceeding that arises because of the operation of this Part, including any difficulty that arises as a consequence of the following—

a person being taken to be not guilty of an offence allegedly committed by the person when the person was 10 or 11 years of age;

the setting aside of a conviction or a finding of guilt for an offence committed when a person was 10 or 11 years of age;

the setting aside of a sentencing order or any other order made by a court.

An order made under subsection (1)—

may be made on application of a party to the proceeding or on the court's own motion; and

must be consistent with the principle that a person cannot be held criminally responsible for conduct of the person when the person was 10 or 11 years of age; and

has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006).

This section is repealed on the fifth anniversary of the day on which it comes into operation.