Table Of Contents

Contents (1997 - 81)

1. Short title

2. Commencement

3. Interpretation

4. Objectives of Act

5. General principles of youth justice

5A. Inconsistency with Mental Health Act 2013

6. Determining age

6A. Activities that may be performed as community service

Part 2 - Diverting youths from court system

Division 1 - Preliminary

7. Purpose of Part 2

Division 2 - Diversionary procedure by police

8. Informal caution

9. More formal proceedings

10. Formal caution

11. Caution administered by Aboriginal Elder or representative

12. Caution administered by community representative

12A. Where undertakings in formal caution not substantially fulfilled

Division 3 - Community conferences

13. Notifying Secretary that community conference required

14. Convening of community conference

15. Constitution of and attendance at community conference

16. Powers of community conference

17. Procedure at community conference

18. Concluding community conference

19. Procedure after community conference

20. Liability of youth to be prosecuted

Division 4 - Provisions of general application

21. Instructions by Commissioner of Police

22. Confidentiality

22A. Forfeiture of articles used in commission of offences

Part 3 - Arrest, search, bail and custody of youth

23. Application of general law

24. Limit on power to arrest

24A. Duties of police officer where youth arrested

24B. Conditions of bail

24C. Breach of condition of bail

25. How youth is to be dealt with if not granted bail

Part 4 - Court proceedings against a youth

Division 1 - Commencing proceedings

26. Commencing proceedings

27. Limitation on joint charge

27A. Taking plea if joint charge

28. Limitation on power of Court to hear joint charge

29. Duty of Court

Division 2 - Confidentiality of proceedings

30. Persons who may be present in Court

31. Restrictions on reporting proceedings

Division 3 - Proceedings after guilt is established

32. Application of Division 3

33. Presentence report

33AA. Court may request oral presentence report

33A. Court may order rehabilitation program assessment

34. Disclosure of presentence report

35. Presentence report evidence

36. Disputed presentence report

36A. Victim impact statements

Division 4 - Court-ordered community conferences

37. Court may order community conference

38. Convening of community conference

39. Constitution of, attendance and procedure at, powers of and finalising of community conference

40. Procedure after successful community conference

40A. Additional requirements for court-ordered community conference

41. Dismissal of charge

42. Procedure after unsuccessful community conference

43. Failure to fulfil undertaking

44. Requiring community conference facilitator to attend Court

45. Confidentiality of community conference

Division 5 - Sentences

46. Application and interpretation of certain sentence provisions

47. Sentences and other orders that may be imposed

48. Limitations on imposing sentences

49. Recording conviction

49A. Court may impose single, general or mixed sentence

50. Youth entitled to explanation of Court order

Division 6 - Undertakings to be of good behaviour

51. Undertaking to be of good behaviour

52. Limitation on requiring undertaking to be of good behaviour

53. Contravention of undertaking to be of good behaviour

Division 7 - Release and adjournment orders

54. Release and adjournment order

54A. Discharge of release and adjournment order

55. Review of release and adjournment order

56. Contravention of release and adjournment order

Division 7A - Deferral of sentencing

56A. When sentence may be deferred under section 47(1)(j)

56B. Grant of bail and review

56C. Amendment of date of order deferring sentencing of youth

56D. When order deferring sentence may be revoked

Division 8 - Fines

57. Amount of fine

58. Financial circumstances of youth to be considered

59. Time for payment or payment by instalments

60. Alteration of time for, or method of, paying fine

61. Failure to pay fine or instalment

62. Court proceeding for failure to pay fine

63. Community service instead of fine

64. Proceedings under Magistrates Court (Civil Division) Act 1992 to recover fine

Division 9 - Probation

65. Probation order

66. Period of probation order

67. Review of probation order

68. Contravention of probation order

Division 10 - Community service orders

69. Community service order

70. Preconditions for making community service order

71. Multiple community service orders

72. Limitation on number of hours of community service

73. Community service to be performed within limited period

74. Repealed

75. Obligations and powers of assigned youth justice worker

76. Review of community service order, &c.

77. Contravention of community service order

78. Ending of community service order

Division 11 - Detention orders

79. Detention order

80. Preconditions for making detention order

81. Period of detention

82. Warrant for detention

83. Commencement of detention

84. Detention orders ordinarily concurrent

85. Court may order detention period to be cumulative

86. Limitation on cumulative orders

87. Period of escape or release pending appeal not counted as detention

88. Multiple orders of detention and imprisonment against person as adult and youth

89. Period of custody on remand to be treated as detention on sentence

89A. Detention order to specify earliest release date

Division 12 - Suspended detention orders

90. Suspended detention order

91. Period of suspension

92. Effect of suspended detention order

93. Review of suspended detention order

94. Contravention of suspended detention order

Division 13 - Restitution

95. Restitution order

96. Preconditions for restitution order

97. Enforcement of restitution order

Division 14 - Compensation

98. Compensation order

99. Preconditions for compensation order

Division 14A - Failure to undertake rehabilitation program

99A. Contravention of rehabilitation program order

Division 15 - Miscellaneous

100. Sentence order to be written

100A. Correction of sentence or order

100B. Sentencing by different magistrate

101. Copy of certain Court orders to be provided to youth, guardian and Secretary

102. Court may order attendance of guardian

103. Effect of youth attaining 18 or more years, &c.

104. Adjournment to determine youth protection matters

105. Adjournment to determine mental health or disability of youth

106. Copy of complaint, summons and application to be served on person having legal custody of youth

107. Sanctions, &c., available to other courts

107A. Contravention of section 47 order made by other court

108. Restrictions on reporting proceedings of other courts

108A. Sentence, &c., not invalidated by non-compliance with procedural requirements

Part 5 - Supervised release orders

108B. Application of Part 5

109. Right to be released

110. Supervised release order

111. Supervised release order subject to conditions

112. Effect of proposed supervised release order to be explained

113. Supervised release order, &c., to be provided in writing

114. Temporary suspension of obligations under supervised release order

115. Cancellation of obligations after 6 months' release

116. Courts to notify Secretary if further offence committed

117. Contravention of supervised release order other than by further offence punishable by detention or imprisonment

118. Repealed

119. Contravention of supervised release order by further offence punished by detention or imprisonment

120. Effect of cancellation of supervised release order

121. Effect of cancellation of supervised release order after youth reaches 19 years

122. Effect of satisfying supervised release order

Part 6 - Detention centres

Division 1 - Establishment and management of detention centres

123. Establishment or abolition of detention centre

124. Management of detention centre

124A. Appointment of detention centre manager

Division 2 - Admission to detention centres

125. Where youth is to be detained

126. Authority for admission to detention centre

127. Explanation of rights and responsibilities on admission to detention centre

128. Provision of instructions on admission to detention centre

Division 3 - Treatment of detainees, &c.

129. Rights of detainee

130. Leave from detention centre

131. Search of detainee and possessions

132. Prohibited actions

133. Isolation

133A. Secretary may allow police to visit detainee in connection with police investigation

133B. Secretary may allow temporary removal of detainee in connection with police investigation

133C. Court may authorise temporary removal of detainee in connection with police investigation

133D. Other police powers unaffected

134. Secretary may authorise medical treatment, &c.

134A. Removal of detainee to secure mental health unit

134B. Appeal against direction under section 134A

135. Refusal of ordinary visitor, &c.

135A. Access to detainee by prescribed officer

136. Protection of legal practitioner representing detainee

Division 4 - Complaints

137. Right to make complaint

138. Complaint procedure

Division 5 - Offences relating to detention

139. Detention offences

140. Dealing with detention offence

141. Court proceedings for detention offence

142. Effect of change of earliest release date or next release date

143. Offences in respect of escape of detainee

144. Offences in respect of detention centres

Division 6 - Miscellaneous

145. Child of detainee

146. Registration of birth of child of detainee

146A. Treatment of youth in prison and prisoner in detention centre

146B. Delegation by detention centre manager

Part 7 - Interstate transfer of certain offenders

147. Application of Part 7

148. Minister may enter into transfer agreement

149. Secretary may make transfer arrangement

150. Transfer arrangement for transfer out of Tasmania

151. Transfer arrangement for transfer to Tasmania

152. Detail to be included in each transfer arrangement

153. Transfer order made under a transfer arrangement

154. Transfer to Tasmania in custody of escort

155. Reports

156. Transfer of sentence or order in case of offender to whom this Part applies

157. Sentence, &c., taken to have been imposed in this State

158. Revocation of order of transfer by consent

Part 8 - Magistrates Court (Youth Justice Division)

159. Establishment of Youth Justice Division of Magistrates Court

160. Composition of Court

161. Jurisdiction of Court

161A. Court may impose certain sentences under Sentencing Act 1997

162. Time of sittings

163. Proceedings generally

Part 9 - Miscellaneous

164. Lack of jurisdiction discovered during proceedings

165. Delegation

166. Evidentiary matters

166A. Youth justice workers

167. Appointment of facilitators

167A. Protection against prosecution in relation to certain disclosures of information

168. Regulations

169. Administration of Act

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Youth Justice Act 1997

Version current from 18 June 2019 to 5 April 2020 (accessed 2 April 2025 at 13:17)

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Version current from 18 June 2019 to 5 April 2020 (accessed 2 April 2025 at 13:17)

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File last modified 7 November 2024

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