Youth Justice Act 2024

The main purposes of this Act are—

to raise the minimum age of criminal responsibility from 10 years of age to 12 years of age; and

to provide for police powers in relation to children under the minimum age of criminal responsibility who are 10 or 11 years of age; and

to provide for the procedures and other matters relevant to the Criminal Division of the Children's Court as the specialist division dealing with criminal matters relating to children; and

to ensure robust oversight and accountability of the youth justice system to—

promote community safety; and

prevent and reduce offending by children and young persons; and

support the rehabilitation and positive development of children and young persons involved in the youth justice system; and

provide victims with appropriate opportunities to participate in the youth justice process; and

protect the rights of children and young persons involved in the youth justice system; and

to establish a scheme that provides alternative processes to a court proceeding for dealing with children who are alleged to have committed offences, including the use of—

youth warnings and youth cautions; and

early diversion group conferences; and

court ordered diversion from criminal proceedings; and

to make provision in relation to—

children who have been charged with offences; and

children and young persons who have been found guilty of, offences.

The other purposes of this Act are—

to repeal certain provisions from the Children, Youth and Families Act 2005 and reform and re-enact those provisions in this Act; and

to amend the Bail Act 1977, including by providing for the trial of a scheme under which, in certain circumstances, certain courts may grant bail to a child subject to conditions that provide for electronic monitoring of the child; and

to set out transitional provisions; and

to make consequential amendments to other Acts.

The following provisions come into operation on the day after the day on which this Act receives the Royal Assent—

this section; and

Division 3 of Part 22.1; and

section 904.

Subject to subsections (1A), (2) and (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

If Division 2 of Part 22.1 does not come into operation before 2 December 2024, it comes into operation on that day.

If the remaining provisions of this Chapter (other than Part 1.3), Chapter 3, Chapter 19, Chapter 20, the remaining provisions of Chapter 22 and section 766 (other than subsection (2)) do not come into operation before 30 September 2025, those provisions come into operation on that day.

If a remaining provision of this Act does not come into operation before 30 September 2026, it comes into operation on that day.

In this Act, child means a person who is under 18 years of age.

Additionally, in this Act, child includes, in the case of a person who commits an offence or is alleged to have committed an offence, a person who—

was under 18 years of age at the time of the commission or alleged commission of the offence; and

is not excluded by subsection (3).

A person is excluded if the person is 19 years of age or over at the time of the commencement of the proceeding for the offence or alleged offence.

sentenced to a term of detention in a youth justice custodial centre under the Sentencing Act 1991; or

sentenced to a term of imprisonment under the Sentencing Act 1991 and is—

the subject of a direction under Chapter 13 for transfer to a youth justice custodial centre; or

being considered under Chapter 13 for transfer to a youth justice custodial centre.

the child has any of the following impairments—

an intellectual disability;

an acquired brain injury;

a neurodevelopmental disorder; and

the impairment has resulted in the child having substantially reduced functional capacity in relation to any of the following—

communication;

social interaction;

learning;

self-care;

self-management.

has been convicted of a terrorism or foreign incursion offence; or

is or has been subject to a terrorism-related order.

For the purposes of this Act, terrorism risk information in respect of a person means—

an assessment made by an entity specified in subsection (2) that there is a risk that the person will commit a terrorism or foreign incursion offence; and

the information relied on in making that assessment.

The specified entities are—

the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth; and

Victoria Police; and

the Australian Federal Police; and

the Australian Security Intelligence Organisation; and

the Department; and

the police force or police service of another State or a Territory; and

the Department of Home Affairs of the Commonwealth; and

each prescribed entity.

Without limiting subsection (1)(b), the information referred to in that provision may include—

information regarding the person having expressed support for—

the doing of a terrorist act; or

a terrorist organisation; or

the provision of resources to a terrorist organisation; or

information regarding the person having, or having had, an association with—

another person or a group that has expressed support of the kind referred to in paragraph (a); or

another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

a terrorist organisation.

It is presumed that a child who is 12 or 13 years of age cannot commit an offence.

The presumption in subsection (1) is rebutted only if the prosecution proves beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong.

Whether a child knew that their conduct was seriously wrong—

is a question of fact; and

cannot be inferred merely from the fact that the child engaged in the conduct which constituted the offence; and

refers to the child's knowledge that it was seriously wrong in a moral sense to engage in the conduct that constitutes the physical element or elements of the offence.

To avoid doubt—

any presumption arising by or under the common law in relation to the criminal responsibility of a child continues to apply; and

in the event of inconsistency between this section and a presumption referred to in paragraph (a), this section prevails to the extent of the inconsistency.

Before deciding to commence a proceeding for an offence allegedly committed by a child at 12 or 13 years of age, a police officer must have regard to whether it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong having regard to section 11(3).

For the purposes of subsection (1), as far as practicable, a police officer must consider the following—

any information available to the police officer about the child's age, maturity and stage of development;

any information available to the police officer about whether the child has a disability or a mental illness;

any previous decision by a court or any person about whether the child could be held criminally responsible for any other conduct;

any other matter relevant to the criminal responsibility of the child or the circumstances of the alleged offending.

If a police officer decides to commence a proceeding for the alleged offence, the police officer must record—

the reasons why it appears that there is admissible evidence to prove beyond reasonable doubt that the child knew at the time of the alleged commission of the offence that the child's conduct was seriously wrong having regard to section 11(3); and

any information, evidence or other matter referred to in subsection (2) that was considered by the police officer; and

any other prescribed information.

A record under subsection (3)—

must be in the prescribed form; and

must be filed in the court with the charge‑sheet at the commencement of the proceeding.