1Short title
This Act may be cited as the Young Offenders Act 1994.
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Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Young Offenders Act 1994.
This Act comes into operation on such day as is fixed by proclamation.
In this Act, unless the contrary intention appears —
Aboriginal community has the meaning given to that term in section 3 of the Aboriginal Communities Act 1979;
attendance conditions means conditions referred to in section 73(1)(a);
body sample means a sample of a person’s blood, breath, or urine;
category 1 offender means —
an offender who —
has been charged with, or convicted of, a terrorism offence; or
is subject to an interim control order or a confirmed control order;
or
an offender who has been subject to an interim control order or a confirmed control order at any time during —
the period of the offender’s sentence (the current sentence); or
the period of 4 years ending on the day on which the offender’s current sentence begins or is taken to have begun;
or
an offender for whom an interim control order in respect of the offender is being sought under the Commonwealth Criminal Code section 104.3;
category 2 offender means an offender who has been charged with, or convicted of, an offence against the Commonwealth Criminal Code section 80.2C(1);
chairperson means the person appointed under section 152(1)(a);
chief executive officer means the chief executive officer of the Department;
Commissioner of Police report means a written report referred to in section 150D(1) or (4);
Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth);
community work conditions means conditions referred to in section 73(1)(b);
conditional release order has the meaning given by section 101;
confirmed control order has the meaning given in the Commonwealth Criminal Code section 100.1(1);
court means the Children’s Court or other court dealing with a young person for an offence;
custodial officer means —
a superintendent, or other officer with custodial functions, appointed under section 11(1); or
a person who is appointed under section 11(1a)(a) as a custodial officer;
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
detainee means a person who is detained in a detention centre;
detention, when referring to a sentence of detention, means detention in a detention centre;
detention centre means a place declared to be a detention centre under section 13;
earliest release day, in relation to a sentence of detention, means the earliest day on which the offender can, in accordance with section 121, be released under a supervised release order from custody under the sentence;
exempt responsible adult, in relation to a young person, means a responsible adult whose responsibility for the young person arises from being —
a person having the custody, care or control of the young person for a period that the court considers to be limited or temporary; or
the CEO as defined in section 3 of the Children and Community Services Act 2004 who, under that Act, has parental responsibility for the young person; or
an officer as defined in section 3 of the Children and Community Services Act 2004; or
in any other capacity prescribed for the purposes of this paragraph by the regulations;
general principles of juvenile justice means the principles described in section 7;
imprisonment means imprisonment in a prison under the Prisons Act 1981;
independent young person means a young person who —
has reached the age of 17 years; and
has sufficient maturity to live independently without the guidance or control of a responsible adult, and is doing so;
intensive youth supervision order means an order made under section 98;
interim control order has the meaning given in the Commonwealth Criminal Code section 100.1(1);
lock‑up means a lock‑up as defined in the Court Security and Custodial Services Act 1999;
notice to attend court means a notice to attend court issued to a young person in accordance with section 43;
offender with links to terrorism means —
a category 1 offender; or
a category 2 offender who is subject to a Commissioner of Police report; or
an offender who —
is subject to a Commissioner of Police report; and
the Supervised Release Review Board as constituted by the chairperson alone is satisfied, having regard to the report, has made statements or carried out activities that support, or advocate support for, terrorist acts;
registrar of the court, in relation to the Children’s Court, means the registrar of the Children’s Court at the place where the relevant matter was heard;
remove, in relation to an officer or other person appointed under section 11(1), means terminate the employment of the officer or person;
responsible adult, in relation to a young person, means a parent, guardian, or other person having responsibility for the day to day care of the young person but does not include a person who the regulations may provide is not a responsible adult;
Schedule 1 offence means —
an offence that is committed against an enactment referred to in column 1 of Schedule 1 and is —
described in column 2 of Schedule 1 opposite the reference; or
committed in the circumstances set out in column 2 of Schedule 1 opposite the reference;
or
the offence of counselling or procuring the commission of an offence mentioned in paragraph (a);
Schedule 2 offence means —
an offence that is committed against an enactment referred to in column 1 of Schedule 2 and is —
described in column 2 of Schedule 2 opposite the reference; or
committed in the circumstances set out in column 2 of Schedule 2 opposite the reference;
or
the offence of counselling or procuring the commission of an offence mentioned in paragraph (a);
special order means an order made under section 126;
superintendent means the person in charge of a detention centre;
supervised release order means an order made under section 132 for a person who is serving a sentence of detention to be released from custody subject to conditions;
supervision conditions means conditions referred to in section 73(1)(c);
terrorism offence means —
an offence against the Commonwealth Criminal Code Division 72 Subdivision A; or
an offence against the Commonwealth Criminal Code Division 80 Subdivision B; or
an offence against the Commonwealth Criminal Code Part 5.3, other than an offence against section 104.22, 104.27, 104.27A, 105.41 or 105.45; or
an offence against the Commonwealth Criminal Code Part 5.5; or
an offence against the following provisions of the Charter of the United Nations Act 1945 (Commonwealth) —
Part 4;
Part 5, to the extent that it relates to the Charter of the United Nations (Sanctions—Al‑Qaida) Regulations 2008 (Commonwealth);
or
an offence against the Crimes (Foreign Incursions and Recruitment) Act 1978 (Commonwealth) (repealed); or
an offence against the Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) section 8; or
an offence under a written law or a law of the Commonwealth, another State, a Territory or another country, that substantially corresponds to an offence referred to in paragraph (a), (b), (c), (d), (e) or (g); or
an offence of attempting, inciting or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h);
terrorist act has the meaning given in the Terrorism (Commonwealth Powers) Act 2002 section 3;
terrorist intelligence information means information relating to a prohibited act or suspected prohibited act, the disclosure of which could reasonably be expected to —
prejudice national security; or
endanger a person’s life or physical safety; or
threaten significant damage to infrastructure or property; or
prejudice a criminal investigation; or
reveal intelligence gathering methodologies, investigative techniques or technologies or covert practices; or
enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement;
work includes any form of work, service or activity;
young person means —
a person who has not reached the age of 18 years; or
a person to whom this Act applies because of section 4;
youth community based order means an order made under section 73.
For the purposes of the definition of terrorist intelligence information, a prohibited act is —
a terrorism offence; or
an offence against the Commonwealth Criminal Code section 80.2C(1); or
a terrorist act (whether in this State or elsewhere).
[Section 3 amended: No. 47 of 1999 s. 40; No. 34 of 2004 s. 251; No. 58 of 2004 s. 4; No. 59 of 2004 s. 141; No. 29 of 2014 s. 11; No. 14 of 2022 s. 30.]
[Section 3. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Dec 2009. See endnote 1M.]
If a person commits or allegedly commits an offence before reaching the age of 18 years, this Act applies to the person as a young person for purposes connected with that offence or any order that was made in dealing with the person for that offence.
To the extent that this Act is inconsistent with the Criminal Procedure Act 2004 this Act prevails.
[Section 5 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 77.]
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
[Section 6A inserted: No. 20 of 2013 s. 137.]
The main objectives of this Act are —
to provide for the administration of juvenile justice; and
to set out provisions, embodying the general principles of juvenile justice, for dealing with young persons who have, or are alleged to have, committed offences; and
to ensure that the legal rights of young persons involved with the criminal justice system are observed; and
to enhance and reinforce the roles of responsible adults, families, and communities in —
minimising the incidence of juvenile crime; and
punishing and managing young persons who have committed offences; and
rehabilitating young persons who have committed offences towards the goal of their becoming responsible citizens;
and
to integrate young persons who have committed offences into the community; and
to ensure that young persons are dealt with in a manner that is culturally appropriate and which recognises and enhances their cultural identity.
The general principles that are to be observed in performing functions under this Act are that —
there should be special provision to ensure the fair treatment of young persons who have, or are alleged to have, committed offences; and
a young person who commits an offence is to be dealt with, either formally or informally, in a way that encourages the young person to accept responsibility for his or her conduct; and
a young person who commits an offence is not to be treated more severely because of the offence than the person would have been treated if an adult; and
the community must be protected from illegal behaviour; and
victims of offences committed by young persons should be given the opportunity to participate in the process of dealing with the offenders to the extent that the law provides for them to do so; and
responsible adults should be encouraged to fulfil their responsibility for the care and supervision of young persons, and supported in their efforts to do so; and
consideration should be given, when dealing with a young person for an offence, to the possibility of taking measures other than judicial proceedings for the offence if the circumstances of the case and the background of the alleged offender make it appropriate to dispose of the matter in that way and it would not jeopardise the protection of the community to do so; and
detaining a young person in custody for an offence, whether before or after the person is found to have committed the offence, should only be used as a last resort and, if required, is only to be for as short a time as is necessary; and
detention of a young person in custody, if required, is to be in a facility that is suitable for a young person and at which the young person is not exposed to contact with any adult detained in the facility, although a young person who has reached the age of 16 years may be held in a prison for adults but is not to share living quarters with an adult prisoner; and
punishment of a young person for an offence should be designed so as to give the offender an opportunity to develop a sense of social responsibility and otherwise to develop in beneficial and socially acceptable ways; and
a young person who is dealt with for an offence should be dealt with in a time frame that is appropriate to the young person’s sense of time; and
in dealing with a young person for an offence, the age, maturity, and cultural background of the offender are to be considered; and
a young person who commits an offence is to be dealt with in a way that —
strengthens the family and family group of the young person; and
fosters the ability of families and family groups to develop their own means of dealing with offending by their young persons; and
recognises the right of the young person to belong to a family.
[Section 7 amended: No. 82 of 1994 s. 20; No. 78 of 1995 s. 145; No. 29 of 1998 s. 20.]
While observing the general principles of juvenile justice as required by section 7, a person performing functions under this Act is also to have regard to the principles that —
responsible adults have an important responsibility for the behaviour of young persons under their care; and
responsible adults should be involved in the disposition, by a court or otherwise, of allegations of offences by the young persons under their care and in their punishment or management as a result of having offended; and
a responsible adult should be notified as soon as practicable after a young person is taken into custody or otherwise dealt with under this Act and, if the young person is in custody, should be kept informed as to the whereabouts of the young person; and
in determining the degree of responsibility expected of a responsible adult the age, intellectual and emotional maturity of the young person and the fact that the young person is in employment or is living independently shall be taken into account.
It is the duty of the chief executive officer, under the direction of the Minister, to carry into operation the provisions of this Act so far as the duty is not expressly committed to any other person.
The chief executive officer may, by a signed instrument of delegation, delegate to an officer of the Department, either generally or as otherwise provided in the instrument, any power or duty under this Act, other than this power of delegation.
[Section 10. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Dec 2009. See endnote 1M.]
The chief executive officer may appoint, under and subject to Part 3 of the Public Sector Management Act 1994, such officers and other persons as are necessary to implement or administer this Act.
In addition to persons appointed under subsection (1) and for the purposes of this Act the chief executive officer may appoint —
custodial officers for primarily non‑administrative functions; and
officers and employees of particular classes as are prescribed by the regulations,
and may remove those persons in the prescribed circumstances.
The custodial officers appointed under subsection (1a)(a) —
may be subject to employment conditions set out in an award or industrial agreement; and
may be subject to —
disciplinary proceedings provided for in the regulations; or
if regulations are made under subsection (1C) — disciplinary proceedings under the Public Sector Management Act 1994 Part 5.
The regulations may prescribe custodial officers for the purposes of the Public Sector Management Act 1994 section 76(1)(b).
The officers and employees appointed under subsection (1a)(b) —
are to have such functions as are given to them under the regulations; and
may be subject to employment conditions set out in an award or industrial agreement; and
in prescribed circumstances, may be subject to such disciplinary procedures as are set out in the regulations.
Appointments under subsection (1a) may be on a paid or honorary basis.
[Section 11 amended: No. 58 of 2004 s. 6(1) and (2); No. 29 of 2014 s. 14.]
[11AA. 1M Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section inserted 1 Nov 2009. See endnote 1M.]
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