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New South Wales
Children (Criminal Proceedings)
Amendment (Youth Conduct Orders)
Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Children (Criminal Proceedings) Act
1987 No 55 2
4 Amendment of Children (Criminal Proceedings)
Regulation 2005 2
5 Repeal of Act 2
Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987 3
Schedule 2 Amendment of Children (Criminal Proceedings)
Regulation 2005 24
b2007-136-94.d16
New South Wales
Children (Criminal Proceedings)
Amendment (Youth Conduct Orders)
Bill 2008
No , 2008
A Bill for
An Act to amend the Children (Criminal Proceedings) Act 1987 and the Children
(Criminal Proceedings) Regulation 2005 to provide for the establishment of a youth
conduct order scheme.
Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Bill
Clause 1 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Children (Criminal Proceedings) Amendment (Youth 3
Conduct Orders) Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Amendment of Children (Criminal Proceedings) Act 1987 No 55 7
The Children (Criminal Proceedings) Act 1987 is amended as set out in 8
Schedule 1. 9
4 Amendment of Children (Criminal Proceedings) Regulation 2005 10
The Children (Criminal Proceedings) Regulation 2005 is amended as 11
set out in Schedule 2. 12
5 Repeal of Act 13
(1) This Act is repealed on the day following the day on which all of the 14
provisions of this Act have commenced. 15
(2) The repeal of this Act does not, because of the operation of section 30 16
of the Interpretation Act 1987, affect any amendment made by this Act. 17
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Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Bill
2008
Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
Schedule 1 Amendment of Children (Criminal 1
Proceedings) Act 1987 2
(Section 3) 3
[1] Part 4A 4
Insert after Part 4: 5
Part 4A Youth conduct orders 6
Division 1 Interpretation 7
48A Objects of Part 8
The objects of this Part are as follows: 9
(a) to establish a scheme for dealing with children who have 10
been charged with (or pleaded guilty to or been found 11
guilty of) offences covered by the Young Offenders Act 12
1997, but for whom the diversionary scheme created by 13
that Act is not appropriate, 14
(b) to address the underlying causes of anti-social behaviour 15
by such children by means of youth conduct orders that 16
operate to prohibit or restrict negative behaviours and to 17
promote socially acceptable behaviours through 18
participation in anti-social behaviour programs, 19
(c) to provide for a coordinated multi-agency approach to the 20
administration of the scheme. 21
48B Definitions 22
In this Part: 23
ASB pilot project means the multi-agency intervention strategy 24
known as the Anti-Social Behaviour Pilot Project that was 25
established by the Government in September 2006. 26
associate with means: 27
(a) to be in company with, or 28
(b) to communicate with by any means (including post, 29
facsimile, telephone, email or any other form of electronic 30
communication). 31
body includes an agency, authority or any other organisation 32
(whether or not incorporated). 33
charged with a relevant offence means a court attendance notice 34
has been issued to a person for the offence. 35
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Children (Criminal Proceedings) Amendment (Youth Conduct Orders) Bill
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Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
conduct plan means a plan that provides for the kinds of conduct 1
that a child must, or must not, engage in while a youth conduct 2
order is in effect with respect to the child. 3
conduct restriction provisions--see section 48C (2). 4
final conduct plan--see section 48K. 5
final youth conduct order--see section 48L (1) (b). 6
interim conduct plan--see section 48J. 7
interim youth conduct order--see section 48L (1) (a). 8
positive conduct provisions--see section 48C (1). 9
prescribed eligibility criteria means the eligibility criteria for 10
participation in the scheme that are prescribed by the regulations 11
for the purposes of section 48E. 12
relevant offence--see section 48D. 13
scheme participation approval for a child means an approval that 14
has been granted in accordance with the regulations for the 15
potential participation of the child in the scheme in the event that 16
the child is found suitable to participate in the scheme following 17
a suitability assessment. 18
suitability assessment means an assessment as to a child's 19
capacity and prospects to participate in the scheme. 20
suitability assessment order--see section 48G. 21
the scheme means the scheme established by this Part. 22
victim has the same meaning as victim of crime has for the 23
purposes of the Victims Rights Act 1996. 24
youth conduct order means an interim youth conduct order or a 25
final youth conduct order. 26
48C Meanings of "positive conduct provisions" and "conduct 27
restriction provisions" 28
(1) For the purposes of this Part, positive conduct provisions are any 29
of the following kinds of provisions: 30
(a) provisions requiring a child to engage in kinds of conduct 31
aimed at addressing the underlying causes of the child's 32
anti-social behaviour, including (without limitation) any of 33
the following: 34
(i) attending or completing a course of study or 35
training, 36
(ii) meeting with health professionals or other persons 37
with backgrounds or experience that may assist the 38
child, 39
(iii) participating in sporting or recreational activities, 40
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Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
(b) such other kinds of provisions as may be prescribed by the 1
regulations. 2
(2) For the purposes of this Part, conduct restriction provisions are 3
any of the following kinds of provisions: 4
(a) provisions prohibiting or restricting a child from 5
associating with specified persons or kinds of persons, 6
(b) provisions prohibiting or restricting a child from 7
frequenting or visiting specified places or kinds of places, 8
(c) provisions imposing curfews on a child, 9
(d) provisions requiring a child to reside at a specified place or 10
places, 11
(e) provisions requiring a child to report to a specified person, 12
court or other body, 13
(f) provisions requiring a child to be of good behaviour, 14
(g) such other kinds of provisions as may be prescribed by the 15
regulations. 16
48D Meaning of "relevant offence" 17
(1) For the purposes of this Part (and except as provided by this 18
section), a relevant offence is: 19
(a) a summary offence, or 20
(b) an indictable offence that may be dealt with summarily 21
under Chapter 5 of the Criminal Procedure Act 1986. 22
(2) Despite subsection (1), an offence is not a relevant offence for the 23
purposes of this Part if: 24
(a) the offence is a traffic offence committed by a child who 25
was, when the alleged offence occurred, old enough to 26
obtain a learner licence under the Road Transport (Driver 27
Licensing) Act 1998 to drive the motor vehicle to which the 28
offence relates, or 29
(b) the offence results in the death of any person, or 30
(c) the offence is an offence under section 61E, 61L, 61M, 31
61N, 61O (1), (1A) or (2), 66C, 66D, 80, 81A or 81B of the 32
Crimes Act 1900, or 33
(d) the offence is an offence under the Crimes (Domestic and 34
Personal Violence) Act 2007, or 35
(e) the offence is an offence under Division 1 of Part 2 of the 36
Drug Misuse and Trafficking Act 1985 other than an 37
offence to which subsection (3) applies, or 38
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Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
(f) the offence is an offence under Division 2 of Part 2 of the 1
Drug Misuse and Trafficking Act 1985 other than: 2
(i) an offence under section 23 (1) (a) or (c) of that Act 3
to which subsection (4) applies, or 4
(ii) an offence under section 27 or 28 of that Act of 5
aiding, abetting, counselling, procuring, soliciting 6
or inciting the commission of an offence under 7
section 23 (1) (a) or (c) of that Act to which 8
subsection (4) applies, or 9
(g) the offence is prescribed by the regulations for the 10
purposes of this section. 11
(3) An offence under Division 1 of Part 2 of the Drug Misuse and 12
Trafficking Act 1985 is a relevant offence if in the opinion of the 13
eligibility assessor: 14
(a) in relation to an offence relating to a prohibited drug other 15
than cannabis leaf within the meaning of the Drug Misuse 16
and Trafficking Act 1985--the offence involves not more 17
than the small quantity applicable to that drug under that 18
Act, or 19
(b) in relation to an offence relating to cannabis leaf: 20
(i) the offence involves not more than half the small 21
quantity of cannabis leaf within the meaning of the 22
Drug Misuse and Trafficking Act 1985, or 23
(ii) there are exceptional circumstances in that: 24
(A) the offence involves more than half, but not 25
more than the total, small quantity of 26
cannabis leaf within the meaning of that Act, 27
and 28
(B) it would be in the interests of rehabilitation, 29
and appropriate in all the circumstances, to 30
deal with the matter under the scheme. 31
(4) An offence under section 23 (1) (a) or (c) of the Drug Misuse and 32
Trafficking Act 1985 is a relevant offence if in the opinion of the 33
eligibility assessor: 34
(a) the offence involves not more than half the small quantity 35
applicable to the prohibited plant within the meaning of the 36
Drug Misuse and Trafficking Act 1985, or 37
(b) there are exceptional circumstances in that: 38
(i) the offence involves more than half, but not more 39
than the total, small quantity applicable to the 40
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Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
prohibited plant within the meaning of the Drug 1
Misuse and Trafficking Act 1985, and 2
(ii) it would be in the interests of rehabilitation, and 3
appropriate in all the circumstances, to deal with the 4
matter under the scheme. 5
(5) In this section, eligibility assessor means the body or person that 6
is required, authorised or permitted to determine whether an 7
offence is a relevant offence for the purposes of a provision of 8
this Act or the regulations. 9
48E Prescribed eligibility criteria 10
(1) The regulations may make provision for or with respect to the 11
criteria (prescribed eligibility criteria) that a person must meet to 12
be eligible to participate in the scheme in relation to relevant 13
offences committed (or alleged to have been committed) while 14
the person was a child. 15
(2) Without limiting subsection (1), the regulations may provide for 16
persons who are 18 years old or older (but less than 21 years old) 17
to continue to be eligible to participate in the scheme in relation 18
to any relevant offences committed (or alleged to have been 19
committed) by such persons while they were children. 20
(3) If the regulations make provision for persons who are no longer 21
children to continue to be eligible to participate in the scheme, the 22
other provisions of this Part (and any provisions of the 23
regulations made for the purposes of this Part) extend to such 24
persons as if they were still children. 25
Division 2 Overview of scheme 26
48F Summary of operation of scheme 27
(1) The following is a summary of the operation of the scheme: 28
(a) Child commits, or is alleged to have committed, a 29
relevant offence 30
The child is charged with (or has pleaded guilty to or been 31
found guilty of) a relevant offence. Section 48D defines 32
the term relevant offence to cover the same kinds of 33
offences as are covered by the Young Offenders Act 1997. 34
(b) Referral of child for suitability assessment 35
The Children's Court may make a suitability assessment 36
order under section 48G in relation to such a child if 37
satisfied of certain matters, including that it would not be 38
appropriate for the child to be dealt with instead under the 39
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Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
Young Offenders Act 1997. The consent of the child will be 1
required if the child has not yet pleaded guilty to or been 2
found guilty of the relevant offence. 3
The order operates to adjourn the criminal proceedings so 4
that a suitability assessment can be carried out in relation 5
to the child in accordance with the regulations. 6
(c) Children's Court makes youth conduct order 7
The Children's Court may make an interim youth conduct 8
order or a final youth conduct order in respect of the child 9
under section 48L if satisfied of certain matters, including 10
that the child has been assessed as being suitable for 11
participation in the scheme following a suitability 12
assessment. 13
An interim youth conduct order requires the child to 14
participate in the preparation of a final conduct plan to be 15
approved by the Children's Court when it makes a final 16
youth conduct order. Such an order may have effect for a 17
period not exceeding 2 months. While the order is in effect, 18
the child will be required to comply with an interim 19
conduct plan prepared in accordance with the regulations. 20
A final youth conduct order, on the other hand, requires the 21
child to comply with the final conduct plan that the child 22
has participated in preparing. Such an order may have 23
effect for a period not exceeding 12 months. 24
A conduct plan is a plan that provides for the kinds of 25
conduct that a child must, or must not, engage in while a 26
youth conduct order is in effect with respect to the child. 27
While a youth conduct order (whether interim or final) is 28
in effect, the Children's Court will not be required to make 29
a finding as to a child's guilt (if there has not yet been a 30
finding or a guilty plea) or to consider penalties for the 31
offence (if there has been a finding of guilt or a guilty 32
plea). Also, the Children's Court is taken to have 33
dispensed with the requirement for bail for the relevant 34
offence while the order is in effect. 35
(d) Child to comply with youth conduct order 36
A child who is subject to a youth conduct order (whether 37
interim or final) must comply with the order. Division 6 38
makes provision for the enforcement of youth conduct 39
orders. 40
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Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
A failure to comply with a youth conduct order may result 1
in the child being returned to the Children's Court for the 2
Court to deal with the child. 3
If a child complies with a final youth conduct order, the 4
child's compliance will be taken into account when 5
dealing with the child for the relevant offence concerned. 6
(2) This section does not affect the meaning or interpretation of any 7
provision of this Part that it summarises. 8
Division 3 Suitability assessments 9
48G Children's Court may make suitability assessment orders 10
(1) The Children's Court may, of its own motion or on the 11
application of an authorised applicant, make an order (a 12
suitability assessment order) adjourning criminal proceedings 13
against a child for a relevant offence for the purpose of enabling 14
a suitability assessment to be carried out in relation to the child if: 15
(a) the child has: 16
(i) pleaded guilty to, or been found guilty of, the 17
relevant offence, or 18
(ii) in any other case--consented to the making of the 19
order in circumstances where the child is capable in 20
law of giving such consent, and 21
(b) the Court is satisfied that the child has been afforded an 22
opportunity to seek advice on the proposed order from an 23
Australian legal practitioner, and 24
(c) in the case where the child has not pleaded guilty to, or has 25
not yet been found guilty of, the relevant offence--the 26
Court is satisfied that the child had sufficient information 27
by the time of the hearing to enable the child to make an 28
informed choice about whether to consent to the making of 29
the order, and 30
(d) the child has been granted a scheme participation approval 31
unless the Court is satisfied that it was not possible in the 32
circumstances for the approval to be granted in time for the 33
hearing. 34
(2) In determining whether a child has sufficient information to make 35
an informed choice for the purposes of subsection (1) (c), the 36
Children's Court is to have regard to the following: 37
(a) if a brief of evidence relating to the relevant offence was 38
required to be served on the child--whether a brief was 39
served within a reasonable time before the hearing of the 40
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Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
application and contained sufficient information to enable 1
the child to make an informed choice, 2
(b) if a brief of evidence was not served because it was not 3
required--whether the child was nonetheless provided 4
with sufficient information within a reasonable time before 5
the hearing of the application to enable the child to make 6
an informed choice. 7
Note. Section 183 of the Criminal Procedure Act 1986 makes provision 8
for the service of briefs of evidence for offences. A brief of evidence must 9
contain certain documents, subject to the regulations, regarding the 10
evidence. Also, section 187 (5) of that Act provides that a prosecutor is 11
not required to serve a brief of evidence in proceedings for an offence of 12
a kind, or proceedings of a kind, prescribed by the regulations under that 13
Act. 14
(3) Each of the following persons is an authorised applicant for the 15
purposes of the making of an application under subsection (1): 16
(a) the child against whom the criminal proceedings have been 17
brought, 18
(b) any person making the application on behalf of the child, 19
(c) any other person who is authorised to make such an 20
application by the regulations. 21
(4) The Children's Court is not to make a suitability assessment 22
order unless it is satisfied that it would not be appropriate for the 23
child to be dealt with instead under the Young Offenders Act 24
1997. 25
(5) The Children's Court is not required to be satisfied that a child 26
meets the prescribed eligibility criteria before it makes a 27
suitability assessment order. 28
(6) This section does not limit any power that the Children's Court 29
has, apart from this section, to adjourn proceedings. 30
48H Conduct of suitability assessments 31
A suitability assessment is to be carried out in accordance with 32
the regulations. 33
48I Granting of bail for suitability assessments and charging 34
procedure 35
(1) Without limiting section 36, 36A or 36B of the Bail Act 1978, 36
bail may be granted under that Act subject to the condition that a 37
child submit to a suitability assessment. 38
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Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
(2) Nothing in this Division: 1
(a) authorises any person to detain a child for the purposes of 2
a suitability assessment, or 3
(b) limits the provisions of Division 2 of Part 2 in their 4
application to the commencement of criminal proceedings 5
against children. 6
Division 4 Preparation of conduct plans 7
48J Interim conduct plans 8
(1) An interim conduct plan is a conduct plan that is prepared in 9
accordance with the regulations for submission to the Children's 10
Court for its consideration and approval when framing the terms 11
of an interim youth conduct order. 12
(2) An interim conduct plan may include only conduct restriction 13
provisions and positive conduct provisions. 14
48K Final conduct plans 15
(1) A final conduct plan is a conduct plan that is prepared in 16
accordance with the regulations for submission to the Children's 17
Court for its consideration and approval when framing the terms 18
of a final youth conduct order. 19
(2) A final conduct plan may include only conduct restriction 20
provisions and positive conduct provisions. 21
Division 5 Making of youth conduct orders 22
48L Youth conduct orders 23
(1) Power to make youth conduct orders 24
Subject to this section, the Children's Court may make any of the 25
following orders of its own motion or on the application of an 26
authorised applicant: 27
(a) an order having effect for a period not exceeding 2 months 28
(an interim youth conduct order) requiring a child in 29
criminal proceedings before the Court: 30
(i) to participate in the preparation of a final conduct 31
plan as provided by the scheme, and 32
(ii) to comply with the requirements of an interim 33
conduct plan approved by the Court in the order, 34
(b) an order having effect for a period not exceeding 12 35
months (a final youth conduct order) requiring a child in 36
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Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
criminal proceedings before the Court to comply with the 1
requirements of a final conduct plan approved by the Court 2
in the order. 3
(2) Each of the following persons is an authorised applicant for the 4
purposes of the making of an application under subsection (1): 5
(a) the child against whom the criminal proceedings have been 6
brought, 7
(b) any person making the application on behalf of the child, 8
(c) any other person who is authorised to make such an 9
application by the regulations. 10
(3) General preconditions for making of orders 11
The Children's Court may not make a youth conduct order with 12
respect to a child unless: 13
(a) the child has been charged with, or has pleaded guilty to or 14
been found guilty of, a relevant offence in the criminal 15
proceedings, and 16
(b) a suitability assessment of the child has been carried out 17
and the child has, following such an assessment, been 18
found to be suitable to participate in the scheme, and 19
(c) the Court is satisfied that the child meets the prescribed 20
eligibility criteria, and 21
(d) in the case where the child pleaded not guilty to the 22
relevant offence on or before the day on which a suitability 23
assessment order was made in respect of the child but 24
subsequently changed his or her plea to guilty--the Court 25
is satisfied that the time taken to change the plea was not 26
unreasonable in the circumstances, and 27
(e) in the case where the proposed order is to be an interim 28
youth conduct order--an interim conduct plan has been 29
prepared and submitted to the Court for its consideration 30
and approval, and 31
(f) in the case where the proposed order is to be a final youth 32
conduct order--a final conduct plan has been prepared and 33
submitted to the Court for its consideration and approval. 34
(4) Consent of child required unless child pleads guilty or found 35
guilty 36
Without limiting subsection (3), the consent of a child who is 37
capable in law of giving consent to the making of a youth conduct 38
order is required before such an order is made with respect to the 39
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Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
child in relation to a relevant offence unless the child has pleaded 1
guilty to, or been found guilty of, the offence. 2
(5) Court to take into account child's submissions 3
Before making a youth conduct order, the Children's Court is to 4
take into account any submissions and evidence put forward by 5
or on behalf of the child as to the appropriateness of the order. 6
(6) Court may request that conduct plan be revised 7
The Children's Court may request the person or body that 8
prepared an interim conduct plan or final conduct plan for the 9
Court's consideration and approval to consider making changes 10
to the plan before its approval by the Court in a youth conduct 11
order. 12
(7) Effect of youth conduct order on criminal proceedings 13
While a youth conduct order remains in effect with respect to a 14
child for a relevant offence: 15
(a) if the Children's Court did not make a finding as to the 16
guilt of the child for the offence before making the order-- 17
the Court is not required to make a finding as to the child's 18
guilt for the offence, and 19
(b) if the child pleaded guilty to, or was found guilty by the 20
Children's Court of, the offence before making the order-- 21
the Court is not required to determine what penalty, if any, 22
should be imposed on the child for the offence, and 23
(c) the Children's Court is taken to have dispensed with any 24
requirement for bail in connection with the offence for the 25
purposes of the Bail Act 1978. 26
(8) Subsection (7) has effect despite anything to the contrary in any 27
Act or other law. 28
(9) Section does not limit power to grant adjournments 29
This section does not limit any power that the Children's Court 30
has to adjourn proceedings. 31
48M Explanation of youth conduct order 32
(1) If the Children's Court makes a youth conduct order with respect 33
to a child, the Court must ensure that all reasonable steps are 34
taken to explain to the child (in language that the child can readily 35
understand): 36
(a) the child's obligations under the order, and 37
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Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
(b) the consequences that may follow if the child fails to 1
comply with those obligations. 2
(2) A youth conduct order is not invalidated by a failure to comply 3
with this section. 4
(3) Nothing in this section limits the operation of section 12 5
(Proceedings to be explained to children). 6
48N Review of youth conduct order by Children's Court 7
(1) The Children's Court may review a youth conduct order: 8
(a) of its own motion, or 9
(b) on an application made to the Court by or on behalf of the 10
child to whom the order applies, or 11
(c) on an application made to the Court by any other person 12
authorised by the regulations, or 13
(d) if the District Court in an appeal under section 48O remits 14
a matter concerning the order to the Children's Court to be 15
dealt with under this section. 16
(2) On any such review of a youth conduct order, the Court may: 17
(a) confirm the order, or 18
(b) vary the order, or 19
(c) revoke the order. 20
48O Appeals to District Court against youth conduct orders 21
(1) A child in respect of whom a youth conduct order is made may, 22
with the leave of the District Court, appeal to the Court against 23
the order or the variation or revocation of the order. 24
(2) An appeal must be made within the period of: 25
(a) 28 days after the order is made, or 26
(b) if the order has been varied or revoked--28 days after the 27
order is varied or revoked. 28
(3) On any such appeal, the District Court may: 29
(a) confirm the order, or 30
(b) vary the order, or 31
(c) revoke the order, or 32
(d) remit the matter to the Children's Court to be dealt with 33
under section 48N. 34
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Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
(4) The regulations may make provision for or with respect to: 1
(a) the designation of a respondent or other persons to assist 2
the District Court in an appeal under this section 3
(including, but not limited to, the designation of the Crown 4
for any such purpose), and 5
(b) the service of court processes and other documents in 6
connection with an appeal under this section on any such 7
designated respondent or other person. 8
Division 6 Enforcement of youth conduct orders 9
48P Proceedings for non-compliance with youth conduct orders 10
(1) On an application made in accordance with the regulations, the 11
Children's Court may call on a child in respect of whom a youth 12
conduct order has been made to appear before it if the Court 13
suspects that the child may have failed to comply with the order. 14
(2) If the child fails to appear, the Children's Court may take any 15
action referred to in section 98 (1A) of the Crimes (Sentencing 16
Procedure) Act 1999 as if the child were an offender for the 17
purposes of that subsection who had failed to appear. 18
(3) If the Children's Court is satisfied that a child appearing before it 19
has failed to comply with a youth conduct order, the Court may: 20
(a) administer a warning to the child, or 21
(b) decide to take no action with respect to the failure to 22
comply, or 23
(c) vary the order, or 24
(d) revoke the order. 25
48Q Consequences of revocation of youth conduct orders 26
(1) This section applies if the Children's Court revokes a youth 27
conduct order under this Part. 28
(2) If a child did not plead guilty to (or had not yet been found guilty 29
of) a relevant offence before the Children's Court made a youth 30
conduct order in relation to the offence, the Court may on the 31
revocation of the order: 32
(a) proceed to make a finding as to the guilt of the child for the 33
offence, and 34
(b) if the child is found guilty of the offence--deal with the 35
child for the offence in accordance with Division 4 of 36
Part 3. 37
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Schedule 1 Amendment of Children (Criminal Proceedings) Act 1987
(3) If a child pleaded guilty to (or was found guilty of) a relevant 1
offence before the Children's Court made a youth conduct order 2
in relation to the offence, the Court may, on the revocation of the 3
order, deal with the child for the offence in accordance with 4
Division 4 of Part 3. 5
(4) In determining the penalty to be imposed on a child who has 6
pleaded guilty to (or was found guilty of) a relevant offence to 7
which a revoked youth conduct order related, the Children's 8
Court is to have regard to: 9
(a) the fact of, and the circumstances surrounding, the child's 10
failure to comply with the order (including the extent to 11
which the child did comply with the order), and 12
(b) any report on the child's failure to comply with the youth 13
conduct order prepared in accordance with the regulations 14
for submission to the Court. 15
48R Consequences of compliance with final youth conduct orders 16
(1) On an application made in accordance with the regulations, the 17
Children's Court may deal with a child under this section if the 18
Court is satisfied that the child has substantially complied with 19
the terms of a final youth conduct order during the period the 20
order was in effect. 21
(2) If a child did not plead guilty to (or had not yet been found guilty 22
of) a relevant offence before the Children's Court made a final 23
youth conduct order in relation to the offence, the Court may 24
make an order directing that the charge for the offence be 25
dismissed. 26
(3) If a child pleaded guilty to (or was found guilty of) a relevant 27
offence before the Children's Court made a final youth conduct 28
order in relation to the offence, the Court may deal with the child 29
for the offence in accordance with Division 4 of Part 3 having 30
regard to the fact that the child has substantially complied with 31
the order. 32
Note. Section 33 provides for the things that the Children's Court may 33
do if it finds a child guilty of an offence. That section provides for the 34
imposition of penalties for offences, as well as conferring a power on the 35
Court to direct that charges for offences be dismissed. 36
Division 7 Miscellaneous 37
48S Evidence of certain matters not admissible 38
(1) Evidence of the following is not admissible in criminal 39
proceedings: 40
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(a) any admission made by a child in the course of being 1
assessed for participation, or while participating, in the 2
ASB pilot project or the scheme, 3
(b) any document produced for the purposes of a child's 4
assessment for, or participation in, the project or the 5
scheme. 6
(2) Subsection (1) does not apply to: 7
(a) the criminal proceedings in respect of which the child was 8
referred for assessment for, or participation in, the project 9
or the scheme, or 10
(b) any other criminal proceedings of a kind prescribed by the 11
regulations. 12
48T Disclosure of certain information prohibited 13
(1) A person must not disclose: 14
(a) the name of, or any other identifying information about, a 15
child or a victim (or alleged victim) of a child that the 16
person has obtained in connection with the exercise of a 17
relevant function, or 18
(b) any other information about a child that the person has 19
obtained in connection with the exercise of a relevant 20
function. 21
Maximum penalty: 20 penalty units. 22
(2) A relevant function means any of the following functions: 23
(a) the assessment of a child's suitability to participate in the 24
ASB pilot project or the scheme, 25
(b) the conduct of the ASB pilot project, 26
(c) the conduct of the scheme (including the exercise of any 27
functions conferred or imposed by regulations made for 28
the purposes of this Part), 29
(d) any other function prescribed by the regulations. 30
(3) Nothing in subsection (1) prevents a person from disclosing the 31
information referred to in that subsection: 32
(a) to any of the following persons: 33
(i) the child, 34
(ii) any person having parental responsibility (within 35
the meaning of the Children and Young Persons 36
(Care and Protection) Act 1998) for the child (but 37
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only with the consent of the child if he or she is 1
capable in law of giving such consent), 2
(iii) another person exercising a relevant function, 3
(iv) any police officer responsible for investigating the 4
offence in respect of which the child was referred to 5
the scheme, or 6
(b) in connection with the conduct of an assessment of a 7
child's suitability to participate in the ASB pilot project or 8
the scheme, or 9
(c) to a person or body for the purpose of monitoring or 10
evaluating the ASB pilot project or the scheme, or 11
(d) for the purposes of any legal proceedings, or 12
(e) in accordance with a requirement of the Ombudsman Act 13
1974 or with any request made by the Ombudsman, or 14
(f) to a body of the Commonwealth or another State or 15
Territory (or to a body of the Commonwealth or another 16
State or Territory belonging to a class) that is prescribed 17
by, or approved in accordance with, the regulations, or 18
(g) to any other person or body (or to a person or body 19
belonging to a class) that is prescribed by, or approved in 20
accordance with, the regulations, or 21
(h) with other lawful excuse. 22
(4) In this section: 23
identifying information, in relation to a child, means any 24
information that identifies the child or that is likely to lead to the 25
identification of the child. 26
48U Exchange of information 27
(1) A scheme administrator may (but need not) enter into an 28
arrangement (an information sharing arrangement) with a 29
relevant agency for the purposes of sharing or exchanging any 30
information that is held by persons involved in the administration 31
of the scheme or by the agency. 32
Note. The disclosure of information by a scheme administrator to a 33
relevant agency may also be permissible under section 48T (3) even in 34
the absence of an information sharing arrangement. 35
(2) The information to which an information sharing arrangement 36
may relate is limited to the following: 37
(a) information concerning the needs of a child who is being 38
assessed for participation, or who is participating, in the 39
scheme, 40
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(b) information that assists in the exercise of functions under 1
this Part (or under regulations made for the purposes of this 2
Part) or of the relevant agency concerned, 3
(c) any other information that may be prescribed by the 4
regulations. 5
(3) Under an information sharing arrangement, a scheme 6
administrator and the relevant agency are, despite any other Act 7
or law of the State, authorised: 8
(a) to request and receive information that is held by the other 9
party to the arrangement, and 10
(b) to disclose that information to the other party, 11
but only to the extent that the information is reasonably necessary 12
to assist in the exercise of functions under this Part (or under 13
regulations made for the purposes of this Part) or the functions of 14
the relevant agency concerned. 15
(4) This section does not limit the operation of any Act under which 16
a scheme administrator or a relevant agency is authorised or 17
required to disclose information to another person or body. 18
(5) In this section: 19
relevant agency means any of the following: 20
(a) a body of the Commonwealth or another State or Territory 21
(or a body of the Commonwealth or another State or 22
Territory belonging to a class) that is prescribed by, or 23
approved in accordance with, the regulations, 24
(b) any other person or body (or a person or body belonging to 25
a class) that is prescribed by, or approved in accordance 26
with, the regulations. 27
scheme administrator means any person involved in the 28
administration of the scheme who is prescribed by, or approved 29
in accordance with, the regulations. 30
48V Destruction of photographs, finger-prints, palm-prints and other 31
records 32
(1) Section 38 extends to an order of the Children's Court under 33
section 48R (2) directing that a charge for an offence be 34
dismissed in the same way as it extends to an order dismissing a 35
charge for an offence made under section 33 (1) (a). 36
(2) Nothing in subsection (1) limits the application of section 38 to 37
any finding by the Children's Court that a child is not guilty of a 38
relevant offence in proceedings that have been determined 39
following the revocation of a youth conduct order. 40
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48W Regulations 1
Without limiting any other provision of this Part, the regulations 2
may make provision for or with respect to any of the following 3
matters: 4
(a) eligibility to participate in the scheme, 5
(b) the granting and revocation of scheme participation 6
approvals, 7
(c) the places at which, or the areas within which, the scheme 8
is to operate, 9
(d) the referral for the assessment, and the assessment, of the 10
suitability of a child to participate in the scheme (or of a 11
child's capacity or prospects for participation in the 12
scheme), 13
(e) the carrying out of investigations, and the preparation and 14
provision of reports, as to a child's suitability, capacity or 15
prospects for participation in the scheme, 16
(f) the provision of reports to the Children's Court and other 17
persons or bodies as to a child's compliance with a youth 18
conduct order (including compliance with the conduct plan 19
to which the order gives effect), 20
(g) the persons or bodies who may participate in the scheme 21
(in addition to the child), 22
(h) the role of particular persons or bodies in the carrying out 23
or implementation of the scheme (including the 24
constitution of, and procedure for, bodies to carry out 25
functions in relation to the scheme), 26
(i) rebuttable presumptions concerning the constitution and 27
decisions of bodies that are constituted by the regulations 28
for the purposes of the scheme, 29
(j) the preparation and implementation of conduct plans 30
(whether interim or final), including the adoption, 31
revision, variation or revocation of such plans, 32
(k) the making of applications to the Children's Court under 33
this Part by persons who are permitted or authorised to 34
make such applications, 35
(l) procedures for notification of courts or other persons or 36
bodies of a decision of a child not to participate in, or not 37
to continue to participate in, the scheme, 38
(m) procedures for notification of orders and other decisions of 39
the Children's Court in connection with the scheme, 40
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(n) the content and keeping of records in connection with the 1
the scheme, 2
(o) the monitoring and evaluation of, or research into, the 3
operation and effect of the scheme, 4
(p) the issuing of guidelines and directions with respect to 5
suitability assessments and the implementation or 6
operation of the scheme, 7
(q) the delegation of functions conferred or imposed on a 8
person or body by a provision of this Part or a provision of 9
the regulations made for the purposes of this Part, 10
(r) any other matter relating to the implementation or 11
operation of the scheme. 12
48X Relationship with other legislation, projects and measures 13
(1) This Part: 14
(a) does not affect any jurisdiction conferred on any court 15
under this or any other Act or law, or 16
(b) does not, except to the extent that this Part expressly 17
provides otherwise, derogate from the functions of any 18
person or court dealing with an offence or alleged offence 19
to take any other action in relation to an offence or alleged 20
offence, under this or any other Act or law, or 21
(c) does not prevent or limit the development, conduct or 22
operation of programs or measures apart from the scheme 23
for the treatment or rehabilitation of offenders or accused 24
persons who are children. 25
(2) Without limiting subsection (1), nothing in this Part is intended 26
to limit the rights and protections provided to persons by the Law 27
Enforcement (Powers and Responsibilities) Act 2002 to the 28
extent that the provisions of that Act can operate in circumstances 29
covered by this Part. 30
48Y Part to cease to have effect 31
(1) The provisions of this Part (other than this section) cease to have 32
effect on the day that is 26 months after the day on which section 33
48L commences or on such later day as may be prescribed by the 34
regulations. 35
Note. Any portion of an Act that ceases to have effect on a specified day 36
ceases to have effect at the end of the specified day. See sections 5 (3) 37
and 71 of the Interpretation Act 1987. 38
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(2) A regulation made for the purposes of subsection (1) must be 1
made before the day on which the provisions of this Part (other 2
than this section) cease to have effect under that subsection. 3
(3) Regulations containing provisions of a savings or transitional 4
nature may be made consequent on the operation of 5
subsection (1). 6
[2] Section 50 Act is generally subject to Bail Act 1978 7
Omit "The". Insert instead "Subject to Part 4A, the". 8
[3] Schedule 2 Savings and transitional provisions 9
Insert at the end of clause 1 (1): 10
Children (Criminal Proceedings) Amendment (Youth Conduct 11
Orders) Act 2008 12
[4] Schedule 2, Part 15 13
Insert at the end of the Schedule: 14
Part 15 Children (Criminal Proceedings) 15
Amendment (Youth Conduct Orders) Act 16
2008 17
23 Definition 18
In this Part: 19
amending Act means the Children (Criminal Proceedings) 20
Amendment (Youth Conduct Orders) Act 2008. 21
24 Application of Part 4A to pre-commencement offences 22
Part 4A, as inserted by the amending Act, extends to a relevant 23
offence (within the meaning of that Part) committed, or alleged 24
to have been committed, by a child before the commencement of 25
that Part, but only if the child is charged with the offence (within 26
the meaning of that Part) after that commencement. 27
25 Exercise of certain powers between enactment and 28
commencement of amending Act 29
The provisions of section 26 of the Interpretation Act 1987 apply 30
in relation to a power to make an instrument that is to be 31
conferred by an uncommenced amendment to the Children 32
(Criminal Proceedings) Regulation 2005 made by the amending 33
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Amendment of Children (Criminal Proceedings) Act 1987 Schedule 1
Act in the same way as they apply to powers to make instruments 1
conferred by uncommenced amendments to Acts. 2
Note. Section 26 of the Interpretation Act 1987 enables a power to make 3
instruments of a legislative or administrative character that is to be 4
conferred by an enacted but uncommenced amendment to an Act to be 5
exercised before the amendment commences. Any such instrument will 6
have effect on the commencement of the amendment. 7
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Schedule 2 Amendment of Children (Criminal 1
Proceedings) Regulation 2005 2
(Section 4) 3
[1] Part 1, heading 4
Insert before clause 1: 5
Part 1 Preliminary 6
[2] Part 2 7
Insert after clause 3: 8
Part 2 Youth conduct orders 9
Division 1 Preliminary 10
4 Definitions 11
(1) In this Part: 12
appropriate Coordination Group for a child means: 13
(a) in relation to the referral of a child for a suitability 14
assessment by a suitability assessment order--the 15
Coordination Group for the participating Local Area 16
Command that the Children's Court considers appropriate 17
for the child, or 18
(b) in relation to any application or report concerning a youth 19
conduct order made with respect to the child--the 20
Coordination Group for the participating Local Area 21
Command that prepared the interim or final conduct plan 22
for the child adopted by the Children's Court in the order. 23
authorised police officer means any of the following: 24
(a) a youth liaison officer (within the meaning of the Young 25
Offenders Act 1997), 26
(b) a Youth Case Manager for a Police Community Youth 27
Club, 28
(c) any other police officer (other than a senior police officer) 29
who has completed a course of training in relation to youth 30
conduct orders of a kind approved by the 31
Director-General. 32
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authorised scheme officer means any of the following: 1
(a) the Director-General, 2
(b) an authorised police officer, 3
(c) any other person appointed (or belonging to a class of 4
persons appointed) under clause 6 by the Director-General 5
as an authorised scheme officer (or authorised scheme 6
officers) for the purposes of the provision in which the 7
expression is used. 8
compliance report--see clause 18. 9
Coordination Group means a Case Coordination Senior 10
Officers' Group established under Division 7. 11
Director-General means the Director-General of the Department 12
of Premier and Cabinet. 13
first scheme anniversary day means the day that is the first 14
anniversary of the day on which section 48L of the Act 15
commenced. 16
participating Local Area Command means any of the following 17
areas designated by the Commissioner of Police as a Local Area 18
Command for the NSW Police Force: 19
(a) the Campbelltown Local Area Command, 20
(b) the Mount Druitt Local Area Command, 21
(c) the New England Local Area Command. 22
referred child means a child who has been referred to a 23
Coordination Group for a suitability assessment. 24
scheme directions means directions given by the 25
Director-General under Division 8. 26
senior police officer means a police officer of or above the rank 27
of Superintendent. 28
(2) Words and expressions used in this Part that are defined for the 29
purposes of Part 4A of the Act have the same meanings as in
Part 4A of the Act, except in so far as they are defined differently 30
in this Part or the context or subject-matter otherwise indicates or 32
31
requires. 33
5 Prescribed eligibility criteria 34
(1) The following eligibility criteria are prescribed for the purposes 35
of section 48E of the Act as the criteria that a person must meet 36
to be eligible to participate in the scheme: 37
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(a) the person concerned was 14 years old or older (but less 1
than 18 years old) at the time that the offence was 2
committed or alleged to have been committed, 3
(b) the person concerned is less than 19 years old at the time it 4
is first proposed to make a youth conduct order with 5
respect to the person concerning the offence or alleged 6
offence, 7
(c) the person concerned permanently or temporarily resides 8
in, or is an habitual visitor to, the area of a participating 9
Local Area Command, 10
(d) the Children's Court has not yet imposed a penalty on the 11
person concerned for the offence or alleged offence. 12
(2) A person who is 18 years old or older (but less than 21 years old) 13
continues to be eligible to participate in the scheme in relation to 14
a relevant offence if the person met the criteria referred to in 15
subclause (1) when he or she entered the scheme. 16
Note. Section 48E (3) of the Act provides that if the regulations make 17
provision for persons who are no longer children to continue to be 18
eligible to participate in the scheme, the other provisions of that Part (and 19
any provisions of the regulations made for the purposes of that Part) 20
extend to such persons as if they were still children. 21
(3) Despite subclauses (1) and (2), a person is not eligible to 22
participate in the scheme in relation to an offence if: 23
(a) the person is charged with the offence after the first 24
scheme anniversary day, or 25
(b) in the case where the person was charged with the offence 26
on or before the first scheme anniversary day--the person 27
has not been referred to a Coordination Group for 28
suitability assessment on or before that day. 29
6 Authorised scheme officers 30
(1) The Director-General may, by order, appoint: 31
(a) a person (other than a police officer) specified in the order 32
as an authorised scheme officer for the purposes of any or 33
all of the provisions of this Part, or 34
(b) persons (other than police officers) belonging to a class of 35
persons specified in the order as authorised scheme 36
officers for the purposes of any or all of the provisions of 37
this Part. 38
(2) The Director-General may at any time and for any reason revoke 39
any appointment under subclause (1). 40
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Division 2 Scheme participation approvals 1
7 Granting of scheme participation approvals 2
(1) An authorised police officer may grant a scheme participation 3
approval for the potential participation of a child in the scheme in 4
relation to a relevant offence committed (or alleged to have been 5
committed) by the child if: 6
(a) the officer is satisfied that: 7
(i) the child meets the criteria referred to in clause 5 (1), 8
and 9
(ii) it would not be appropriate for the child to be dealt 10
with under the Young Offenders Act 1997, and 11
(b) the officer considers that it is appropriate for the child to be 12
dealt with under the scheme having regard to: 13
(i) the seriousness of the relevant offence concerned, 14
and 15
(ii) the degree of violence, if any, involved in the 16
offence, and 17
(iii) any harm caused to any victim of the offence, and 18
(iv) the number and nature of any previous offences 19
(whether or not relevant offences) committed by the 20
child, and 21
(v) the number of times, if any, that the child has been 22
dealt with under the Young Offenders Act 1997, and 23
(c) the officer has obtained the written concurrence of a senior 24
police officer to the granting of the approval. 25
(2) A scheme participation approval must: 26
(a) be in the form (if any) approved by the Director-General, 27
and 28
(b) state the reasons, in accordance with the scheme 29
directions, why the authorised police officer granting the 30
approval considers it appropriate for the child to be 31
considered for participation in the scheme. 32
(3) An authorised police officer who grants a scheme participation 33
approval must provide the Children's Court with a copy of the 34
approval (along with a copy of the written concurrence of a senior 35
police officer referred to in subclause (1) (c)) as soon as is 36
reasonably practicable after granting the approval. 37
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Division 3 Suitability assessments 1
8 Applications for suitability assessment orders 2
(1) An authorised scheme officer is authorised for the purposes of 3
section 48G (3) (c) of the Act to make applications to the 4
Children's Court for a suitability assessment order with respect to 5
a child. 6
(2) An authorised scheme officer may make such an application only 7
if: 8
(a) in the case where the officer is an authorised police 9
officer--a scheme participation approval for the child has 10
been granted, and 11
(b) in the case where the officer is not an authorised police 12
officer--a scheme participation approval for the child has 13
been granted unless the Children's Court is satisfied that it 14
was not possible in the circumstances for the approval to 15
be granted in time for the hearing of the application, and 16
(c) a notice of intention to make the application in the form (if 17
any) approved by the Director-General has been filed with 18
the Court, and 19
(d) the officer is satisfied that the application conforms with 20
the scheme directions in relation to the making of such an 21
application. 22
9 Notification of suitability assessment order by Children's Court 23
If the Children's Court makes a suitability assessment order with 24
respect to a child, the Court must, within 7 days after making the 25
order, ensure that: 26
(a) the appropriate Coordination Group for the child is 27
notified in writing that the Court has made the order, and 28
(b) a copy of the scheme participation approval (if any) by 29
reference to which the order was made is provided to the 30
Group. 31
10 Suitability assessment of referred child 32
(1) Each Coordination Group has the function of carrying out the 33
suitability assessments for referred children. 34
(2) A Coordination Group must ensure that a suitability assessment 35
of a referred child is carried out within 7 days (or such further 36
period as the Children's Court may allow) after it is notified of 37
the suitability assessment order under clause 9. 38
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(3) The assessment must be carried out in accordance with the 1
scheme directions. 2
(4) A Coordination Group must report to the Children's Court on the 3
suitability of the referred child to participate in the scheme in the 4
form (if any) approved by the Director-General at any time 5
before the child's next appearance before the Court in relation to 6
the matter. 7
Note. A youth conduct order cannot be made with respect to a child who 8
has been found unsuitable to participate in the scheme following a 9
suitability assessment. See section 48L (3) (b) of the Act. 10
Division 4 Conduct plans 11
11 Preparation of interim conduct plans 12
(1) Each Coordination Group has the function of preparing interim 13
conduct plans with respect to referred children. 14
(2) A Coordination Group is to prepare an interim conduct plan for a 15
referred child only if it has found, following the carrying out of a 16
suitability assessment, that the child is suitable for participation 17
in the scheme. 18
(3) An interim conduct plan must be: 19
(a) prepared in accordance with the scheme directions and the 20
requirements of section 48J (2) of the Act, and 21
(b) in the form (if any) approved by the Director-General, and 22
(c) endorsed by the Coordination Group that prepared it. 23
Note. Section 48J (2) of the Act provides that an interim conduct plan 24
may include only conduct restriction provisions and positive conduct 25
provisions of the kind specified by section 48C of the Act. 26
(4) An interim conduct plan prepared by a Coordination Group must 27
be provided to the Children's Court with the report on the 28
suitability of the child provided under clause 10. 29
Note. Clause 10 provides that a report on the suitability of the child must 30
be provided to the Children's Court at any time before the child's next 31
appearance before the Court. 32
(5) A Coordination Group may revise the terms of an interim 33
conduct plan it has prepared if the Children's Court has requested 34
that it do so. 35
12 Preparation of final conduct plans 36
(1) Each Coordination Group has the function of preparing final 37
conduct plans under interim conduct orders with respect to 38
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Schedule 2 Amendment of Children (Criminal Proceedings) Regulation 2005
children if the Group prepared the interim conduct plans for the 1
orders. 2
(2) If the Children's Court makes an interim youth conduct order 3
with respect to a child that approves an interim conduct plan 4
prepared by a Coordination Group, the Coordination Group is to 5
arrange one or more meetings with the child in order to prepare a 6
final conduct plan for the child. 7
(3) The Coordination Group is to endeavour to ensure that a parent 8
of the child (within the meaning of the Children (Protection and 9
Parental Responsibility) Act 1997) is present at all times during 10
any such meetings unless: 11
(a) the child requests otherwise, or 12
(b) the Group considers that it would be inappropriate in the 13
circumstances. 14
(4) The Coordination Group must afford a child an opportunity to 15
review a proposed final conduct plan before the Group endorses 16
the plan. 17
(5) A final conduct plan must be: 18
(a) prepared in accordance with the scheme directions and the 19
requirements of section 48K (2) of the Act, and 20
(b) in the form approved by the Director-General, and 21
(c) endorsed by the Coordination Group that prepared it. 22
Note. Section 48K (2) of the Act provides that a final conduct plan may 23
include only conduct restriction provisions and positive conduct 24
provisions of the kind specified by section 48C of the Act. 25
(6) The final conduct plan must be provided to the Children's Court 26
before the date on which the child is next due to appear before the 27
Children's Court in relation to the matter. 28
(7) A Coordination Group may revise the terms of a final conduct 29
plan it has prepared if the Children's Court has requested that it 30
do so. 31
Division 5 Applications relating to youth conduct 32
orders 33
13 Applications for interim youth conduct orders 34
(1) An authorised scheme officer is authorised for the purposes of 35
section 48L (2) (c) of the Act to make applications to the 36
Children's Court for an interim youth conduct order with respect 37
to a child. 38
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(2) An authorised scheme officer may make such an application only 1
if: 2
(a) in the case where the officer is an authorised police 3
officer--a scheme participation approval for the child has 4
been granted, and 5
(b) in the case where the officer is not an authorised police 6
officer--a scheme participation approval for the child has 7
been granted unless the Children's Court is satisfied that it 8
was not possible in the circumstances for the approval to 9
be granted in time for the hearing of the application, and 10
(c) a notice of intention to make the application in the form (if 11
any) approved by the Director-General has been filed with 12
the Court, and 13
(d) the officer is satisfied that the application conforms with 14
the scheme directions in relation to the making of such an 15
application. 16
(3) Any such application must be made on or before the date on 17
which the child is next due to appear before the Children's Court 18
in relation to the matter. 19
(4) Any such application must be accompanied by a copy of each of 20
the following documents: 21
(a) the report of the suitability assessment conducted by the 22
appropriate Coordination Group for the child, 23
(b) the interim conduct plan prepared by the appropriate 24
Coordination Group for the child. 25
14 Applications for final youth conduct orders 26
(1) An authorised scheme officer is authorised for the purposes of 27
section 48L (2) (c) of the Act to make applications to the 28
Children's Court for a final youth conduct order with respect to a 29
child. 30
(2) An authorised scheme officer may make such an application only 31
if: 32
(a) the appropriate Coordination Group for the child has 33
endorsed a final conduct plan for the child to be submitted 34
to the Court for its consideration and approval in framing 35
the terms of such an order, and 36
(b) the officer is satisfied that the application conforms with 37
the scheme directions in relation to the making of such an 38
application. 39
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(3) Any such application must be: 1
(a) made on or before the date on which the child is next due 2
to appear before the Children's Court in relation to the 3
matter, and 4
(b) accompanied by a copy of the final conduct plan prepared 5
by the appropriate Coordination Group for the child. 6
15 Applications for review of final youth conduct orders 7
(1) For the purposes of section 48N (1) (c) of the Act, an authorised 8
scheme officer is authorised to make applications for a review of 9
a youth conduct order under that section. 10
(2) Any such authorised scheme officer may apply to the Children's 11
Court for the review of a youth conduct order under section 48N 12
of the Act with respect to a child only if the officer is satisfied that 13
the application conforms with the scheme directions in relation to 14
the making of such an application. 15
16 Applications relating to non-compliance with youth conduct 16
orders 17
(1) An application to the Children's Court under section 48P (1) of 18
the Act may be made only if: 19
(a) the application is made by an authorised scheme officer, 20
and 21
(b) the appropriate Coordination Group for the child has 22
prepared a compliance report in relation to the youth 23
conduct order concerned, and 24
(c) the officer is satisfied that the application conforms with 25
the scheme directions in relation to the making of such an 26
application. 27
(2) Any such application must be accompanied by a copy of the 28
compliance report. 29
17 Applications relating to compliance with youth conduct orders 30
(1) An application to the Children's Court under section 48R (1) of 31
the Act may be made only if: 32
(a) the application is made by an authorised scheme officer, 33
and 34
(b) the appropriate Coordination Group for the child has 35
prepared a compliance report in relation to the final youth 36
conduct order concerned, and 37
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Amendment of Children (Criminal Proceedings) Regulation 2005 Schedule 2
(c) the officer is satisfied that the application conforms with 1
the scheme directions in relation to the making of such an 2
application. 3
(2) Any such application must be accompanied by a copy of the 4
compliance report. 5
Division 6 Reports 6
18 Compliance reports 7
(1) The appropriate Coordination Group for a child may, in 8
accordance with the scheme directions and at the request of a 9
member of the Group or the Children's Court, prepare a report (a 10
compliance report) for submission to the Court on the child's 11
compliance (or failure to comply) with a youth conduct order 12
made with respect to the child. 13
(2) A compliance report is to be in the form (if any) approved by the 14
Director-General. 15
19 Scheme operation reports 16
The Director-General may require a Coordination Group for a 17
participating Local Area Command to report to the 18
Director-General on the operation of the scheme in relation to 19
that Command at the times and in the manner directed by the 20
Director-General from time to time. 21
Division 7 Case Coordination Senior Officers' Groups 22
20 Director-General to establish Case Coordination Senior Officers' 23
Groups 24
The Director-General is to establish a Case Coordination Senior 25
Officers' Group (a Coordination Group) for each participating 26
Local Area Command. 27
21 Constitution of Coordination Groups 28
(1) For the purposes of transacting any of its business, each 29
Coordination Group is to be constituted by the following 30
members: 31
(a) a Chairperson appointed by the Director-General under 32
clause 22, 33
(b) one police officer nominated in writing by the 34
Commissioner of Police (or his or her delegate) to 35
represent the NSW Police Force, 36
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Schedule 2 Amendment of Children (Criminal Proceedings) Regulation 2005
(c) one person nominated in writing by the Director-General 1
of the Department of Juvenile Justice (or his or her 2
delegate) to represent the Department, 3
(d) one person nominated in writing by the Director-General 4
of the Department of Community Services (or his or her 5
delegate) to represent the Department, 6
(e) one person nominated in writing by the Director-General 7
of the Department of Education and Training (or his or her 8
delegate) to represent the Department, 9
(f) one person nominated in writing by the chief executive of 10
an area health service (or his or her delegate), being an area 11
health service that is designated by the Director-General as 12
the appropriate area health service to make the nomination 13
for the Group, 14
(g) such other persons (if any) as may be nominated in writing 15
by the following heads of government agencies (or their 16
delegates) to represent the agency of which they are the 17
head: 18
(i) the Director-General of Housing NSW, 19
(ii) the Director-General of the Department of 20
Aboriginal Affairs, 21
(iii) the Director-General of the Department of Ageing, 22
Disability and Home Care, 23
(iv) the Director-General of the Department of the Arts, 24
Sport and Recreation, 25
(v) the Commissioner of Corrective Services for the 26
Department of Corrective Services, 27
(vi) the Director-General of the Department of Premier 28
and Cabinet, 29
(vii) the Director-General of the Department of Health, 30
(viii) the Chief Executive of Justice Health. 31
(2) A person nominated under subclause (1) must be a member of the 32
Government Service. 33
(3) Only one person may be nominated for each government agency 34
referred to in subclause (1) (g). 35
(4) A person who is authorised by subclause (1) to nominate a person 36
to be a member of a Coordination Group may nominate a person 37
for a specified period or for a particular meeting or meetings, and 38
may revoke any such nomination at any time and for any reason. 39
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Amendment of Children (Criminal Proceedings) Regulation 2005 Schedule 2
(5) The Chairperson of a Coordination Group is: 1
(a) to keep copies of the written nominations of persons to be 2
members of the Group that are relevant for each meeting 3
of the Group, and 4
(b) to cause the name of each person present at a meeting of 5
the Group (along with the name of the government agency 6
that he or she represents) to be included in the minutes of 7
the meeting. 8
(6) It is to be presumed (unless the contrary is established) that a 9
person was duly nominated under subclause (1) to represent a 10
government agency at a meeting of a Coordination Group if the 11
minutes of the meeting indicate that the person attended the 12
meeting as the representative of the agency. 13
22 Chairpersons of Coordination Groups 14
(1) The Director-General is to appoint a Chairperson for each 15
Coordination Group. 16
(2) The Director-General may remove a person from office as the 17
Chairperson at any time and for any reason. 18
(3) A person who is Chairperson vacates office as Chairperson if the 19
person: 20
(a) is removed from office by the Director-General, or 21
(b) resigns that office by instrument in writing addressed to 22
the Director-General. 23
23 Functions of Coordination Groups 24
The functions of each Coordination Group include (but are not 25
limited to) the following functions: 26
(a) assessing and reporting on the suitability of a child that is 27
referred to it for suitability assessment, 28
(b) monitoring, evaluating and reporting on the scheme and 29
compliance with youth conduct orders in connection with 30
the participating Local Area Command for which the 31
Group was established, 32
(c) the preparation of interim and final conduct plans for the 33
consideration and approval of the Children's Court, 34
(d) such other functions as may be imposed or conferred on 35
the Group by this Part or the scheme directions. 36
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24 Procedure 1
(1) The procedure for the calling of meetings of a Coordination 2
Group and for the conduct of business at those meetings is, 3
subject to the scheme directions and this Division, to be as 4
determined by the Coordination Group. 5
(2) The quorum for a meeting of a Coordination Group is at least the 6
6 members of the Group who are nominated as referred to in 7
clause 21 (1) (a), (b), (c), (d), (e) and (f). 8
(3) A Coordination Group is taken to have made a decision if the 9
decision is supported by a majority of the votes cast at a meeting 10
of the Group at which a quorum is present. 11
(4) The Chairperson (or, in the absence of the Chairperson, a person 12
elected by the members of the Coordination Group who are 13
present at a meeting of the Group) is to preside at a meeting of the 14
Group. 15
(5) The presiding member has a deliberative vote and, in the event of 16
an equality of votes, has a second or casting vote. 17
Division 8 Scheme directions 18
25 Director-General may issue scheme directions 19
(1) The Director-General may, by order published in the Gazette, 20
issue directions, not inconsistent with this Part or the Act, for or 21
with respect to any or all of the following matters: 22
(a) the carrying out of suitability assessments, 23
(b) the provisions in conduct plans, 24
(c) the training to be undertaken by persons involved in the 25
administration of the scheme (including authorised police 26
officers), 27
(d) the granting of scheme participation approvals, 28
(e) the granting of approvals for the purposes of clause 28, 29
(f) the making of applications to the Children's Court by 30
authorised scheme officers under Part 4A of the Act, 31
(g) the procedure for meetings of Coordination Groups, 32
(h) the functions of Coordination Groups and of members of 33
the Groups in connection with the scheme or the carrying 34
out of suitability assessments, 35
(i) any other matter in respect of which scheme directions are 36
permitted or required by this Part. 37
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Amendment of Children (Criminal Proceedings) Regulation 2005 Schedule 2
(2) The Director-General may from time to time amend, revoke or 1
replace the scheme directions by further order published in the 2
Gazette. 3
(3) Without limiting subclause (1), the scheme directions may 4
include provisions that: 5
(a) apply generally, or 6
(b) apply only in relation to specified persons, courts, groups 7
or other bodies, or 8
(c) apply only in specified circumstances, or 9
(d) do a combination of the things referred to in paragraphs 10
(a), (b) and (c). 11
Division 9 Miscellaneous 12
26 Delegations by Director-General 13
The Director-General may delegate to a member of the 14
Government Service the exercise of any of the 15
Director-General's functions under this Part (other than this 16
power of delegation) or section 48U of the Act. 17
27 Respondent in appeals under section 48O of Act 18
The Crown is designated as the respondent in any appeal by a 19
child under section 48O of the Act. 20
28 Disclosure and exchange of information 21
(1) Each of the following persons may, by an order in writing, 22
approve a person or body (or a class of persons or bodies) for the 23
purposes of section 48T (3) (f) or (g) of the Act or the definition 24
of relevant agency in section 48U (5) of the Act: 25
(a) the Director-General, 26
(b) a Chairperson of a Coordination Group. 27
(2) The Director-General or Chairperson may from time to time 28
amend, revoke or replace any such approval given by the 29
Director-General or Chairperson by further order in writing. 30
(3) The Director-General and each Chairperson of a Coordination 31
Group are prescribed for the purposes of the definition of scheme 32
administrator in section 48U (5) of the Act. 33
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Schedule 2 Amendment of Children (Criminal Proceedings) Regulation 2005
[3] Part 3, heading 1
Insert before existing clause 4: 2
Part 3 Miscellaneous 3
[4] Clauses 29-38 4
Renumber existing clauses 4-13 as clauses 29-38. 5
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