1Citation
These regulations may be cited as the Young Offenders Regulations 1995 1.
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Bill homepageThese regulations may be cited as the Young Offenders Regulations 1995 1.
In these regulations unless the contrary intention appears —
analyst means a person approved under regulation 102(5);
juvenile custodial officer means a person appointed under section 11(1a)(a) of the Act;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
special detention centre means a detention centre referred to in regulation 34;
supervising officer means —
in relation to a youth community based order, an officer of the Department assigned to be the supervising officer under section 77 of the Act; or
in relation to a conditional release order, an officer of the Department assigned to be the supervising officer under section 108 of the Act;
the overseer, in relation to an offender, means the person assigned to oversee the offender under regulation 7.
[Regulation 2 amended: Gazette 19 Jun 2009 p. 2232; 10 Jan 2017 p. 188; SL 2024/268 r. 4.]
The form of the written statement that the court is required to give a young person under section 44(2)(b) of the Act is set out in Schedule 1.
If a youth community based order or an intensive youth supervision order is made on the condition or undertaking that the offender submit to the taking of a body sample, and the chief executive officer requires the offender to submit to the taking of a body sample —
if the body sample to be taken is breath, the breath test is to be conducted by means of an apparatus of an approved kind; or
if the body sample to be taken is blood or urine, the blood or urine taken is to be labelled with —
the name of the offender;
the type of the sample;
the name of the person who took the sample; and
the date and time that the sample was taken.
A body sample that is to be taken in the form of blood is to be taken by a medical practitioner.
The chief executive officer is to direct, either generally or in respect of the particular case, whether a body sample is to be taken in the form of blood, breath or urine.
In subregulation (1)(a), approved means approved by the chief executive officer.
When a report that attendance conditions would be suitable for an offender is submitted to the court, the proposed agenda submitted to the court under section 75 of the Act is to specify —
proposals relating to the educational, rehabilitative or other course in which the offender is to participate;
details of the days and times when the course operates; and
proposals relating to the aggregate number of hours during which the offender is to participate in the course.
In this Division —
drug means a prohibited drug, or prohibited plant, within the meaning of the Misuse of Drugs Act 1981;
work means work required to be performed in accordance with community work conditions imposed by way of a youth community based order under section 73(1)(b) of the Act.
An offender performing work —
is to comply with any reasonable direction given by the overseer; and
is to wear any safety clothing or equipment supplied to the offender for the purpose of performing the work.
Unless the supervising officer and offender both consent to the requirement, an offender performing work is not to be required to perform more than 6 hours of work in any day.
The supervising officer is to take any measures that are practicable to ensure that an offender performing work —
is not exposed to hazards at the place where the work is being performed; and
performs the work in a manner that does not expose the offender or any other person to hazards.
If an offender performing work takes a break authorised by the supervising officer or overseer, the period of the break is to be taken to be a period of work in computing the number of hours of work performed by the offender.
An offender performing work is to be allowed during a normal working day —
a break of 15 minutes in the morning;
a break of 45 minutes for lunch; and
a break of 15 minutes in the afternoon.
The period of a break taken by an offender under subregulation (1) is to be taken to be a period of work in computing the number of hours of work performed by the offender.
If —
an offender attends to perform work at a time and place specified in a direction given to the offender by the supervising officer; and
neither the supervising officer nor overseer arrives at the specified place within one hour after the specified time,
the offender is not required to perform work on that day unless other arrangements are made for an appropriate person to oversee the work to be performed by the offender at the specified place or another place.
If an offender does not perform work because of circumstances referred to in subregulation (1), the period that the offender would have worked if not for those circumstances is to be taken to be a period of work in computing the number of hours of work performed by the offender.
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