Northern Territory Numbered Acts

YOUTH JUSTICE AMENDMENT (FAMILY RESPONSIBILITY) ACT 2008 (NO 14 OF 2008) - SECT 4

Section 39(3), (4) and (5)

omit, substitute

    (3)     Subsection (2) does not apply if:

    (a)     the youth has left the Territory or the youth's whereabouts is unknown; or

    (b)     the alleged offence is a serious offence; or

    (c)     the youth has, on 2 previous occasions, been dealt with by Youth Justice Conference or diversion program (or on one of the occasions by Youth Justice Conference and on the other by diversion program); or

    (d)     the youth has some other history that makes diversion an unsuitable option (including a history of previous diversion or previous convictions).

    (4)     However, the Commissioner of Police (or the Commissioner's delegate) may authorise or require a police officer to deal with a youth by Youth Justice Conference or by referring the youth to a diversion program despite the fact that the case is covered by subsection (3).