JUVENILE JUSTICE ACT (Repealed)

This reprint shows the Act as in force at 3 July 2002. Any amendments that commence after that date are not included.

An Act relating to the investigation of offences alleged to have been committed by juveniles, the establishment of the Juvenile Court, the procedures to be adopted in and in relation to proceedings against juvenile offenders, the punishment of juvenile offenders, the transfer of juvenile offenders between the Territory and the States, and for other purposes, with the intention that juveniles be dealt with in the criminal law system in a manner consistent with their age and level of maturity (including their being dealt with, where appropriate, by means of admonition and counselling) and to extend to juveniles the same rights and protections before the law as apply to adults in similar circumstances

(1) Subject to subsection (2), this Act shall come into operation on the commencement of the Community Welfare Act.

(2) Part III shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

approved project means a rehabilitation program or work, or both, approved under subsection (3).

authorized person means a person authorized in writing by the Minister to exercise powers and perform functions for the purposes of this Act.

community work order means a community work order made under Division 2 of Part VI.

Court means the Juvenile Court established by section 14 and, where the context so requires, includes the Supreme Court exercising its jurisdiction under or in pursuance of this Act.

detention centre means a juvenile detention centre approved under section 62.

Director means the Director of Correctional Services appointed under the Prisons (Correctional Services) Act.

(d) taking a sample of blood (other than by a swab or washing from an external part of the body);

(f) taking a sample from the external genital or anal area or the buttocks by swab or washing;

(g) taking a sample from the external genital or anal area or the buttocks by vacuum suction, scraping or lifting by tape;

(j) taking a photograph, or an impression or cast, of a wound to the genital or anal area or the buttocks;

(iii) taking a sample from the breasts by vacuum suction, scraping or lifting by tape; and

(b) in the absence of proof as to age, a child who apparently has not attained the age of 18 years.

(b) examining a part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;

(d) taking a sample by swab or washing from any external part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;

(e) taking a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;

(g) taking a photograph of, or an impression or cast of a wound to, a part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;

official visitor means a person appointed to be an official visitor under section 71.

prison has the same meaning as in the Prisons (Correctional Services) Act.

probation officer means a parole officer appointed under the Parole of Prisoners Act.

supervising officer means a supervising officer appointed under the Prisons (Correctional Services) Act.

(2) In this Act, where the context so requires, magistrate includes a Judge of the Supreme Court.

(3) A community work advisory committee established under the Prisons (Correctional Services) Act, may approve a rehabilitation program or work, or both, as a project to be participated in under a community work order.

(4) A juvenile is under suspicion of committing a crime if a member of the Police Force suspects the person of having committed the crime on reasonable grounds.

(1) The Minister or Director may, by instrument in writing, delegate to a person any of his powers and functions under this Act, other than this power of delegation.

(2) A power or function delegated under this section, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Minister or Director, as the case may be.

(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister or Director.

(1) The Minister may by notice in writing establish Boards of Management for such places or areas of the Territory as the Minister thinks fit.

(a) an employee, within the meaning of the Public Sector Employment and Management Act, employed in the Agency for the time being principally responsible under the Minister for the administration of this Act; and

(3) A member shall not be appointed under subsection (2)(b) unless that member has:

(a) an interest in the needs of young persons, particularly those young persons likely to be or who have been affected by the juvenile justice system; or

(b) special skills or experience in the needs and treatment of juvenile offenders.

(5) A member appointed under subsection (2)(b) holds office, subject to this Act, for 3 years from the date of appointment, but is eligible for re-appointment.

A member appointed under section 6(2)(b) may resign his office by writing signed by him and delivered to the Minister.

(1) The Minister may terminate the appointment of a member appointed under section 6(2)(b) for inability, inefficiency, misbehaviour or physical or mental incapacity.

(1) The Chairman of a Board shall call such meetings of the Board as are necessary for the exercise of its powers and the performance of its functions.

(2) The Minister may at any time direct the Chairman to convene a meeting of the Board and the Chairman shall convene a meeting accordingly.

(3) The Chairman shall preside at all meetings of the Board at which he is present and, in his absence, the members present shall elect one of their number to act as the Chairman.

(b) subject to this Act, a Board shall deter-mine the procedure to be followed at or in connection with the meeting.

(6) Where a member appointed under section 6(2)(a) is, for any reason, unable to attend a meeting of a Board that member may appoint a person to attend the meeting in the absence of that member.

(7) A person appointed under subsection (6) shall, when attending a meeting, be deemed to be the member.

The functions of a Board are, in respect of the place or area of the Territory for which it is established, to:

(b) examine and evaluate new or proposed juvenile justice programmes including diversionary programmes;

(d) do such other things in relation to this Act as the Minister, from time to time, directs.

(1) The Minister shall, in his discretion, on application by a Board, subject to subsection (2), provide such information and reports as the Board requires to enable it to carry out its functions.

(2) The information and reports referred to in subsection (1) do not include individual case files or reports.

(1) A Board shall, as soon as practicable after 30 June in each year, and in any event not later than the next following 30 September, furnish to the Minister a report on the activities of the Board during the year ending on that first-mentioned date.

(2) The Minister shall cause a copy of each report referred to in subsection (1) to be laid before the Legislative Assembly within 3 sitting days of the Legislative Assembly after its receipt by him.

Subject to this Act, the Justices Act applies to the proceedings, orders and convictions of the Court as if the Court were the Court of Summary Jurisdiction established by that Act.

(a) all charges, both of a summary or indictable nature, against a juvenile for having committed an offence; and

(b) all applications in the Territory relating to unlawful activity, or alleged unlawful activity, of juveniles, whether or not that activity took place, or is alleged to have taken place, in the Territory.

(1) Subject to subsection (2), the jurisdiction of the Court of Summary Jurisdiction under the Justices Act ceases to exist in relation to a matter in which the Court has jurisdiction.

(2) Nothing in subsection (1) derogates from the powers of a Justice of the Peace to:

(1) The Juvenile Court shall sit in such places as the Minister directs and in a building approved or appointed by the Minister for the holding of the Court.

(1) Proceedings under this Act against a juvenile shall be held in open court, but the magistrate before whom the proceedings are taken may, if it appears to him that the ends of justice will be best served by him so doing, order that the Court be closed and, subject to subsection (2), that no persons remain in or enter a room or place in which the Court is being held, or remain within the hearing of the Court, without his permission.

(2) Subsection (1) does not authorize a magistrate to exclude from the Court during proceedings against a juvenile a legal practitioner representing the juvenile or the prosecution or the Minister or his delegate.

(3) Where a magistrate has made an order under subsection (1), a person shall not remain in or enter a room or place, or remain within the hearing of the Court, in contravention of the order.

(1) A magistrate may, either by a separate order or in an order under section 22, direct that a report of or information relating to proceedings in, or the result of proceedings against a juvenile before the Court, be not published except by a person in the performance of his duties under this Act.

(2) Subject to subsection (3), a person who publishes a report or information in contravention of a direction under subsection (1) is guilty of an offence.

(3) It is not an offence against subsection (1) for a member of the Police Force, acting in the course of his duties, to send to the Police Force of a State or another Territory of the Commonwealth, in pursuance of an arrangement for the exchange of such information, information relating to the conviction of a juvenile for an offence.

(a) the Commissioner of Police or a Deputy or Assistant Commissioner of Police appointed under the Police Administration Act, or

(2) The Commissioner of Police or a Deputy or Assistant Commissioner of Police may make an authorization referred to in the definition of authorized officer in subsection (1) by reference to a particular rank and/or particular duties (including duties as the member in charge of a particular police station) and a person from time to time holding the rank or performing those duties is an authorized officer accordingly.

(1) Subject to subsections (2), (3) and (4) where a member of the Police Force or other person with the power to arrest believes, on reasonable grounds, that a juvenile:

(a) has committed an offence which, if committed by an adult, is punishable by imprisonment for 12 months or longer; or

the member or that other person shall not interview the juvenile in respect of an offence or cause the juvenile to do anything in connection with the investigation of an offence:

(iii) some other person acceptable to the juvenile who is not, in the opinion of the member of the Police Force or that other person, an accomplice of the juvenile in the alleged offence or likely to lose, destroy or fabricate evidence relating to the offence; or

is present while the member or that other person interviews the juvenile or the juvenile does the act, as the case may be; or

(i) the member or that other person has taken reasonable steps to secure the presence of a person referred to in paragraph (c);

(ii) it was not practicable for such a person to be present within 2 hours after he was requested to be present; and

(iii) another person who is a person of good repute who has not been concerned in the investigation of the offence and who has no interest in the outcome of the investigation is present during the interview or while the act is done, as the case may be.

(2) Nothing in subsection (1) shall prevent a member of the Police Force from interviewing a juvenile in respect of an offence, or causing a juvenile to do anything in connection with the investigation of an offence, in the presence of a member of the Police Force who is a parent or guardian of the juvenile.

(3) Nothing in subsection (1) derogates from the power of a member of the Police Force or any other person with the power to arrest to require, under section 134 of the Police Administration Act or under any other Act, a juvenile to furnish to him the name and address of the juvenile.

(4) Nothing in this section affects the operation of Part V or VI of the Traffic Act and, subject to section 53, a juvenile may be dealt with under Part V or VI of that Act as if the juvenile were an adult.

The Commissioner of Police may, by general orders issued under section 14A of the Police Administration Act, issue guidelines, not inconsistent with that Act or this Act, in relation to the arrest of juveniles and the investigation of offences committed or believed to have been committed by juveniles.

(1) Where a member of the Police Force who arrested a juvenile in respect of an offence, otherwise than in pursuance of a warrant, did so in accordance with the guidelines referred to in section 26, the arrest is not unlawful by reason only that an authorized officer did not consent to a prosecution or it subsequently appears, or it is found by a court or a jury, that the juvenile did not commit the offence.

(2) The arrest of a juvenile is not unlawful by reason only that the member of the Police Force or other person arresting him did not do so in accordance with this Act or, in the case of an arrest by a member of the Police Force, the guidelines referred to in section 26 if, at the time of the arrest the member or that other person, as the case may be, believed, on reasonable grounds, that the juvenile was not a juvenile.

(1) A complaint or information against a juvenile for an offence shall not be laid unless an authorized officer has consented to its being so laid.

(2) An averment in a complaint or information that an authorized officer has consented to it being laid and naming the officer who is purported to be the authorized officer is prima facie evidence that the officer named is an authorized officer and that the complaint or information is laid with his consent.

(3) Subsection (1) does not affect a requirement under any other law to obtain consent to a prosecution.

A member of the Police Force shall not charge a juvenile at a police station with an offence unless he believes, on reasonable grounds, that proceedings by summons will not effectively ensure the appearance of the juvenile to stand his trial for the offence or that his release from custody will be accompanied by a substantial risk of:

(a) a continuation or repetition of the offence or another offence by the juvenile;

As soon as practicable after a juvenile is arrested or charged at a police station with an offence, the member of the Police Force who charged him shall:

(a) take all reasonable steps to cause a parent or guardian of the juvenile to be notified of the charge and of the time and place when the juvenile will be brought before the Court, whether the parent or guardian resides in the Territory or not; and

(1) Subject to section 25 and this section, an authorized officer or a member of the Police Force for the time being in charge of a police station may arrange for a medical practitioner or registered dentist to carry out an intimate procedure on a juvenile who:

(b) has been summoned to appear in respect of proceedings against the juvenile for an offence,

if the authorized officer or member believes on reasonable grounds that the procedure may provide evidence relating to the offence or any other offence punishable by imprisonment.

(2) The intimate procedure may be carried out only after the approval of a magistrate is obtained.

(3) An authorized officer or a member of the Police Force for the time being in charge of a police station may apply to a magistrate for the approval:

(4) The magistrate may approve an intimate procedure being carried out if, after hearing:

he or she is satisfied that the authorized officer or member has reasonable grounds for the belief referred in subsection (1).

(6) A copy of the approval is to be sent to the authorized officer or the member of the Police Force.

(7) The authorized officer or the member of the Police Force may proceed under the approval despite not having received it if he or she is informed of it by the magistrate by telephone.

(8) A medical practitioner or registered dentist may carry out the intimate procedure in accordance with the approval given under subsection (4).

(a) may assist a medical practitioner or registered dentist to carry out the intimate procedure; and

(b) may use reasonable force when assisting the medical practitioner or registered dentist.

(10) Before arranging for a medical practitioner or registered dentist to carry out the intimate procedure, a member of the Police Force must inquire whether the juvenile or the person who is with the juvenile in accordance with section 25 wishes to have a medical practitioner or registered dentist of his or her own choice present when the procedure is carried out.

(11) If the juvenile or person with the juvenile wishes to have a medical practitioner or registered dentist present, the member of the Police Force must:

(a) provide reasonable facilities to enable the juvenile or person to arrange for a medical practitioner or a registered dentist to be present; and

(b) unless it would be impracticable to do so – arrange for the intimate procedure to be carried out at a time when the medical practitioner or registered dentist can be present.

(12) After the intimate procedure is carried out, the juvenile or person with the juvenile must be provided with a copy of the report of the medical practitioner or registered dentist provided in respect of the procedure if the juvenile or person requests it.

(13) No action or proceeding, civil or criminal, can be commenced against a medical practitioner or registered dentist in respect of anything reasonably done by him or her in carrying out an intimate procedure under this section.

(14) Nothing in this section prevents a medical practitioner or registered dentist from examining a juvenile in lawful custody at the request of the juvenile or treating the juvenile for an illness or injury.

(15) In this section, registered dentist means a dentist or dental specialist registered under the Dental Act.

(1) Subject to section 25, an authorized officer or a member of the Police Force for the time being in charge of a police station may carry out or cause to be carried out an identifying non-intimate procedure on a juvenile who:

(b) has been summoned to appear in respect of proceedings against the juvenile for an offence,

(2 Despite subsection (1), an authorized officer or the member of the Police Force for the time being in charge of a police station may carry out or cause to be carried out an identifying non-intimate procedure on a juvenile who is in lawful custody in respect of an offence if the juvenile appears to the authorized officer or member to be 14 years of age or older.

(3) An authorized officer or the member of the Police Force for the time being in charge of a police station may apply to a magistrate for the approval:

(4) The magistrate may approve an identifying non-intimate procedure being carried out after hearing:

(6) A copy of the approval is to be given to the authorized officer or the member of the Police Force.

(7) The authorized officer or the member of the Police Force may proceed under the approval despite not having received it if he or she is informed of it by the magistrate by telephone.

(8) The authorized officer or the member of the Police Force may use reasonable force in carrying out the identifying non-intimate procedure.

31B Non-intimate procedures on juveniles suspected of committing crimes or in lawful custody

(1) Subject to section 25 and this section, an authorized officer or a member of the Police Force may carry out or cause to be carried out a non-intimate procedure on a juvenile who:

(c) has been summoned to appear in respect of proceedings against the juvenile for an offence punishable by imprisonment.

(b) if the approval of a member of the Police Force of the rank of Superintendent or a higher rank is obtained.

(3) An approval under subsection (2)(b) must not be given unless the member referred to in the subsection is satisfied the juvenile is 14 years of age or older.

(4) An authorized officer or a member of the Police Force may apply to a magistrate for the approval:

(5) The magistrate may approve a non-intimate procedure being carried out after hearing:

(7) A copy of the approval is to be sent to the authorized officer or the member of the Police Force.

(8) The authorized officer or the member of the Police Force may proceed under the approval despite not having received it if he or she is informed of it by the magistrate by telephone.

(9) Subject to this section, an authorized officer or a member of the Police Force may cause a sample by buccal swab of a person to be taken by directing the juvenile to provide the sample.

(10) A juvenile is not to be taken to have provided a sample unless the sample is sufficient to enable an analysis of it to be carried out.

(11) The authorized officer or the member of the Police Force may use reasonable force in carrying out the non-intimate procedure.

(1) Subject to this section, a juvenile who has been charged with an offence and is not admitted to bail shall, as soon as practicable, be taken to a detention centre or other place approved by the Minister for the purpose, and shall be detained there on an order to that effect having been made by the Court or a magistrate.

(1A) A member of the Police Force may make an application for an order under subsection (1) in person or, if it is not practicable for an application to be made in person, it may be made by telephone to a magistrate.

(2) Where a juvenile referred to in subsection (1) requires medical attention, instead of being taken to a detention centre or other place referred to in that subsection he may be taken to a hospital within the meaning of the Medical Services Act or a private hospital within the meaning of the Private Hospitals and Nursing Homes Act and, if the person in charge of the hospital or private hospital consents, be detained there.

(3) A juvenile taken to a hospital in accordance with subsection (2) shall, while in that hospital, remain in the custody of the Police Force.

(4) Upon his being discharged from hospital, a juvenile referred to in subsection (2) shall be taken to a detention centre or other place approved by the Minister for the detention of juveniles, unless he has in the meantime been admitted to bail.

(5) Where it is necessary to take a juvenile from the place at which he is detained to a court, or from a court to that place, he shall, as far as practicable, be kept apart from other persons under detention who are not juveniles.

(1) Where a juvenile has been charged with an offence and has not been released from custody, he shall be brought before the Court as soon as practicable and in any case within 7 days after the arrest.

(2) Where a juvenile referred to in subsection (1) is not brought before the Court in accordance with that subsection, he shall immediately be released from custody.

(1) Where, in proceedings against a juvenile in respect of an offence, upon objection being taken to the admission of evidence on the ground that the evidence was obtained in contravention of, or in consequence of a contravention of or a failure to comply with, this Act or the general orders referred to in section 26 in relation to the juvenile, the Court is satisfied, on the balance of probabilities, that the evidence was so obtained, the Court shall not admit the evidence unless it is also satisfied, on the balance of probabilities, that admission of the evidence would specifically and substantially benefit the public interest without unduly prejudicing the rights and freedom of any person.

(2) The matters that a Court may have regard to in satisfying itself as required by subsection (1) include:

(a) the seriousness of the offence in the course of the investigation of which the provision was contravened or was not complied with, the difficulty of detecting the offender, the need to apprehend the offender urgently and the need to preserve evidence of the facts;

(c) the extent to which the evidence that was obtained in contravention of, or in consequence of the contravention of, or the failure to comply with, the Act might have been lawfully obtained.

(3) This section is in addition to, and does not derogate from, any other law or rule under which a Court may refuse to admit evidence.

Subject to sections 36, 37 and 38, where a juvenile is charged before the Court with an offence which, if committed by an adult, is punishable by imprisonment for 12 months or longer, other than an offence punishable by imprisonment for life, the Court shall hear and determine the matter in a summary manner.

(a) the Court is not empowered to hear and determine the matter in a summary manner; or

(b) the Court is so empowered but decides not to hear and determine the matter in a summary manner,

the Court shall, subject to this Act, deal with the charge in accordance with the provisions of the Justices Act relating to indictable offences.

(1) Where a juvenile is charged before the Court with an indictable offence and the offence is such that, if the juvenile were an adult, the Court would not be empowered to deal with it in a summary manner without the consent of the accused, the Court shall not so deal with it except with the consent of the juvenile.

(2) Before the case for the prosecution is opened, the Court shall inform the juvenile, and a parent or guardian of the juvenile who is present, of the provisions of subsection (1).

(3) Where the parent or guardian of a juvenile referred to in subsection (1) is not present, the Court may adjourn the hearing so as to enable the parent or guardian to be present.

(4) The Court may continue a hearing at a time to which it was adjourned under subsection (3), notwithstanding that a parent or guardian of the juvenile is not present.

(1) Where a juvenile is charged before the Court with an indictable offence that the Court is empowered to deal with in a summary manner, the Court may, of its own motion or on application by or on behalf of the informant, if it is of the opinion that the evidence has established a prima facie case against the juvenile in respect of an indictable offence, decline to deal with the charge in a summary manner and, in that case, shall, subject to this Act, deal with the charge in accordance with the provisions of the Justices Act relating to indictable offences.

(2) Before declining under subsection (1) to deal with a charge, the Court shall have regard to such matters as seem to it to be relevant and, in particular:

(1) Where a juvenile is found guilty before the Supreme Court of an offence, the Supreme Court:

(b) may order that the juvenile be detained in a detention centre for a period not exceeding the period of imprisonment for which such an offence, if committed by an adult, is punishable; or

(c) may remit the case to the Juvenile Court and that Court may deal with the juvenile in any way in which it might have dealt with him if he had been convicted of the offence in that Court.

(2) Without limiting its power under subsection (1)(b), where a juvenile is found guilty before the Supreme Court of the offence of murder, the Supreme Court may, notwithstanding section 164 of the Criminal Code, sentence the juvenile to life imprisonment or such shorter period of imprisonment as it thinks fit.

Where, in proceedings before the Court, or the Supreme Court in pursuance of this Act, the Juvenile Court or the Supreme Court, as the case may be, is of the opinion that the juvenile the subject of the proceedings needs legal representation and that such representation has not been arranged by or on behalf of the juvenile, it may, by order, make such provision for the legal representation of the juvenile as it thinks fit.

(1) In proceedings before the Court, or before the Supreme Court in pursuance of this Act, the Court or the Supreme Court, as the case may be, shall satisfy itself that the juvenile the subject of the proceedings understands the nature of the proceedings.

(2) Where a juvenile who has been charged with an offence before the Court, or before the Supreme Court in pursuance of this Act, is not represented by a legal practitioner, the Court shall explain to him as simply as practicable in a language that he understands, the nature of the allegations against him, the legal implications of those allegations and the elements of the offence that must be established by the prosecution.

(3) No order or adjudication of the Court is defective on the ground of failure to comply with this section where the Court has substantially complied with this section.

(1) The parents, guardian or person having the custody of a juvenile against whom proceedings before the Court or the Supreme Court are taken shall attend the Court, and remain in attendance, during the proceedings unless the Court is satisfied that it would be unreasonable to require that attendance.

(2) Where a parent, guardian or person having the custody of a juvenile referred to in subsection (1) fails without reasonable excuse to attend the Court, or remain in attendance during the proceedings, the Court may direct that a warrant be issued to bring him before the Court at that or a further hearing.

(3) The Court may proceed in the hearing referred to in this section notwithstanding that the parents, guardian or person having the custody of the juvenile against whom proceedings before the Court are taken are absent.

(1) The Registrar or Master, as the case may be, of the Court dealing under this Act with a juvenile shall advise the Minister, or the Minister's delegate where known to him, of the time and place of all hearings (including the hearing of submissions relating to sentence) before the Court concerning the juvenile.

(2) The Minister or his delegate, or a legal practitioner representing the Minister or his delegate, may be heard in relation to a matter being dealt with by the Court dealing under this Act with a juvenile.

(1) If the Court dealing under this Act with a juvenile finds a charge proven against the juvenile and is considering imposing a sentence of detention or imprisonment in respect of the offence charged, the Court must, except in a case to which subsection (1A) applies, require the Minister or such other person as it thinks fit to provide to it a report on the circumstances of the juvenile.

(1A) The Court need not require a report to be provided under subsection (1) if it is satisfied that, in all the circumstances of the case, it has all the information available to it necessary to enable an appropriate sentence to be determined without requiring a report to be provided.

(2) Notwithstanding anything in this Act, for the purpose of giving effect to a requirement under sub-section (1), the Minister or the person referred to in that subsection, or an authorized person, may:

(b) request the juvenile to submit to being interviewed and medically examined by a medical practitioner or interviewed or examined by another specified person.

(3) Without limiting the generality of subsection (2), a requirement under subsection (1) to furnish a report may include an order that the juvenile to whom it relates be interviewed and medically examined by a medical practitioner or interviewed or examined by another specified person and, when it so orders, the report shall contain details of the results of that interview or examination.

(4) Where a report required under subsection (1) to be furnished is furnished in good faith to the Court:

(a) the report shall not, in relation to information obtained as a result of an interview or examination conducted in pursuance of the order referred to in subsection (3), be held to constitute a breach of confidence or of professional etiquette or ethics or of a rule of professional conduct; and

(b) liability for defamation is not incurred by any person as a result of the furnishing of the report.

(1) Where a juvenile is charged with an offence, he shall, unless he is to be tried in the Supreme Court pursuant to this Act, plead guilty or not guilty to the charge at the commencement of the hearing in the Court.

(2) Where a juvenile has pleaded guilty to a charge for an offence, the Court may, at any stage of the proceedings, if it is of the opinion that the juvenile may not be guilty of the offence charged, order that the plea of guilty be withdrawn and a plea of not guilty be entered.

(3) Where the Court has exercised its powers under subsection (2), the juvenile is not entitled to plead autrefois convict by reason of his plea of guilty.

(1) Subject to this section, a juvenile may, from time to time, be remanded by the Court at any stage of proceedings under this Part, and upon remand the Court may, by order:

(i) where the Court has under this Part committed the juvenile to another court for trial – until the juvenile is released or delivered in due course of law; or

(iii) in the case of a juvenile who has attained the age of 15 years – in a prison or a detention centre; and

(2) A juvenile shall not under subsection (1) be remanded in custody unless, in the opinion of the Court:

(b) it is necessary for the protection of the juvenile, the general public, or any person or property, that the juvenile be remanded in custody.

(3) The Court may revoke an order made under subsection (1) and may substitute therefor any other order it is empowered to make under that subsection.

The Court may, if it has reason to suspect that the mental condition of a juvenile brought before it is such as to affect his criminal responsibility, cause the juvenile to be examined by a properly qualified person, and may accept as evidence the written or oral report (whether on oath or otherwise) of that person as to the juvenile's mental condition.

(1) Subject to subsection (3), the Court may, in its discretion, whether before or after the completion of proceedings against a juvenile, seek submissions or reports in relation to the juvenile.

(3) A submission or report under subsection (1) shall not be sought by the Court before an offence by a juvenile has been proved.

(1) Subject to this section, a copy of every report received by the Court in proceedings before it shall be furnished to the juvenile against whom the proceedings are taken, to a parent or guardian of the juvenile who is present in court and to the prosecutor, and any of those persons, or a legal practitioner representing any of them, shall be permitted by the Court to cross-examine the person by whom the report was made or who carried out an investigation on which the report was based.

(2) The Court may order that a report received by it in a proceeding, or part of such a report, shall not be made available to a juvenile to whom it relates or to any other person who, under subsection (1), would be entitled to receive a copy of the report, where it is of the opinion that the report contains material that, if disclosed to the juvenile or that person, may be prejudicial to the welfare of the juvenile.

(3) The juvenile to whom a report referred to in subsection (1) relates, or a parent, guardian or person having the custody of the juvenile, may give evidence or call witnesses to rebut the contents of the report.

(4) A person forwarding to the Court a report referred to in subsection (1), which is not a report under section 44, shall have the same protection in relation to the report as if the report were a report under section 44.

relative includes a relative according to Aboriginal tradition or contemporary social practice, a spouse and a de facto partner.

(b) where the person referred to in paragraph (a) dies as a result of the commission of the offence, a person who was a relative of, or who was financially or psychologically dependent on, the person.

victim impact statement means an oral or written statement prepared for the purposes of subsection (2) containing details of the harm suffered by a victim of an offence arising from the offence.

victim report means an oral or written statement, prepared by the prosecutor for the purposes of subsection (3), containing details of the harm suffered by a victim of an offence arising from the offence.

(2) The prosecutor shall present to the Court, before it sentences a juvenile in relation to an offence, a victim impact statement where the victim consents to its presentation.

(3) The prosecutor shall present to the Court, before it sentences a juvenile in relation to an offence, a victim report in relation to each victim of the offence where:

(a) the victim has not consented to the presentation to the Court of a victim impact statement in relation to him or her and has been informed of the contents of the victim report and does not object to its presentation; or

(b) the victim cannot, after reasonable attempts have been made by the prosecutor, be located,

and there are readily ascertainable details of the harm suffered by the victim arising from the offence that are not already before the Court as evidence or as part of a report prepared under section 49 in relation to the juvenile.

(4) With the permission of the Court, a person other than the prosecutor may present a victim impact statement.

(5) Subject to subsections (8) and (9), the Court shall consider each victim impact statement and each victim report, if any, in relation to an offence before determining the sentence to be imposed in relation to the offence.

(6) A victim impact statement or a victim report may contain details of the harm caused to the victim of the offence to which the statement or report relates arising from another offence:

(a) for which the juvenile has already been sentenced, or will be sentenced in the proceedings then before the Court; or

(b) which, under section 90A, has already been taken into account in a sentence or which may be taken into account under that section in the proceedings then before the Court.

(6) A victim impact statement or victim report may contain a statement as to the victim's wishes in respect of the order that the Court may make in relation to the offence referred to in the statement or the report.

(7) The Court shall not draw an inference in favour of a juvenile or against a victim because a victim impact statement or victim report is not presented to the Court.

(8) The Court shall not take into account a written victim impact statement unless it has been signed.

(9) The Court shall not take into account a victim impact statement or victim report, where the statement or report:

(a) is in writing, unless a copy of the statement or report is provided to the juvenile; or

(b) is to be presented to the Court orally, unless a written or oral summary of the contents of the statement or report is provided to the juvenile.

(10) A legal practitioner representing the juvenile or, with the leave of the Court, the juvenile:

(a) where a victim impact statement is in writing, may cross-examine the person who signed the statement; or

(b) where a victim impact statement is presented to the Court orally, may cross-examine the person, not being the prosecutor, presenting the statement,

(1) Where matter contained in a report referred to in section 49 is disputed by a juvenile against whom proceedings are taken or a parent or guardian of the juvenile, the Court shall not take that matter into account in its disposition unless it has decided that it is correct beyond reasonable doubt.

(2) Where matter contained in a report referred to in section 49 is disputed by the prosecution, the Court shall not take that matter into account in its disposition unless it has decided that it is correct on the balance of probabilities.

(1) The Court may order that identifying material referred to in section 31, relating to an offence committed by a juvenile, or for the commission of which a juvenile was detained, shall be destroyed by a person specified in the order at a time and place directed by the Court or determined by that person.

(2) Where the Court makes an order under subsection (1) in respect of identifying material relating to a person, it shall cause a copy of the order to be served on the person and, if the person is a juvenile, where practicable, on the parents, guardian or person having the custody of the juvenile.

(a) a juvenile against whom proceedings for an offence are brought is, or may be, a child in need of care within the meaning of section 4(2) of the Community Welfare Act; or

(b) the welfare of a juvenile against whom proceedings for an offence are brought is endangered in any way,

it may require the Minister responsible for the administration of the Community Welfare Act:

(d) to take appropriate action to secure the proper care of and attention to the juvenile’s welfare.

(2) If the Court requires the Minister responsible for the administration of the Community Welfare Act to make an investigation under subsection (1), that Minister is, as soon as practicable, to cause to be provided to the Court a report on:

(a) the circumstances of the juvenile (including whether or not the juvenile is a child in need of care); and

(1) If the Court finds a charge proven against a juvenile it may, as it thinks fit, whether or not it proceeds to conviction, but subject to subsection (2), do one or more of the following:

(b) adjourn the matter for a period not exceeding 6 months and, if during that period the juvenile does not commit a further offence, may discharge the juvenile without penalty;

(c) fine the juvenile not more than the maximum penalty that may be imposed under the relevant law in relation to the offence or $500, whichever is the lesser amount;

(d) order the juvenile to be of good behaviour for a period not exceeding 2 years, and on such security, as it thinks fit, and subject to one or more of the conditions:

(i) that the juvenile reside with the person or at the place specified in the order;

(ii) that the juvenile obey the reasonable directions of a person specified in the order under subparagraph (i);

(iii) that the juvenile refrain from the activities, or from associating with persons, specified in the order; or

(e) order in accordance with section 53AA that the juvenile participate, within such time as the Court orders, in an approved project for such number of hours, not exceeding 480, as are specified in the order;

(ea) order the juvenile to participate in a program approved under subsection (11) and adjourn the matter for that purpose;

(f) place the juvenile under probation for a maximum of 2 years and subject to one or more of the conditions:

(i) that the juvenile reside with the person or at the place specified in the order;

(ii) that the juvenile refrain from the activities, or from associating with persons, specified in the order;

(iii) that the juvenile be under the supervision of the Minister and that he reports to a person nominated by the Minister at the place and time as determined by that person;

(iv) where the juvenile is ordered under subparagraph (i) to reside with a person or under subparagraph (iii) to be under the supervision of the Minister – that the juvenile will obey the lawful directions of that person or the Minister, as the case may be; or

(g) subject to subsection (10), order that the juvenile to be detained at a detention centre or imprisoned for a period not exceeding the maximum period that may be imposed under the relevant law in relation to the offence or 12 months, whichever is the lesser;

(h) order the juvenile to participate in a project or programme provided or approved by the Minister as specified in the order; or

(j) make such other order in respect of the juvenile under the relevant law that it could make if the juvenile were an adult convicted of that offence under that law.

(2) Subject to subsection (12), where the Court finds a charge proven against a juvenile and, under subsection (1)(b), discharges the juvenile without penalty and the juvenile is subsequently found guilty of an offence committed during the period of the adjournment upon the expiration of which he was discharged under that subsection, the Court which finds him guilty of the further offence may, in addition to imposing a penalty it may impose in respect of that offence, impose on the juvenile any penalty the Court could have imposed on him in respect of the former offence, notwithstanding that the aggregate of both penalties exceeds a limit referred to in subsection (1).

(3) The Court may suspend all or part of a sentence of detention or imprisonment under this section on such conditions as it thinks fit.

(3A) If the Court imposes a fine under subsection (1)(c), the fine may be enforced under the Fines and Penalties (Recovery) Act unless the Court orders detention or imprisonment in default in accordance with subsection (3B).

(3B) The Court may order that if a fine is not paid within 28 days the juvenile is to be detained at a detention centre or imprisoned until his or her liability to pay the fine is discharged.

(3C) If the Court makes an order under subsection (3B) and the juvenile does not pay the fine within 28 days, the Court may issue a warrant of commitment in respect of the juvenile specifying the period of detention or imprisonment to be one day for each amount (or part of that amount) prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act that comprises the fine.

(3D) If the juvenile serves the total period of detention or imprisonment under a warrant under subsection (3C), the fine is taken to be satisfied.

(3E) If the juvenile serves part of the period of detention or imprisonment under a warrant under subsection (3C), the fine is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act for each day actually served.

(3F) Unless otherwise ordered by the Court, any period of detention or imprisonment that the juvenile has to serve as a result of an order under subsection (3B) is to be served:

(a) cumulatively on any incomplete sentence or sentences of detention or imprisonment imposed on the juvenile for the default of a payment of a fine or sum of money; and

(b) concurrently with any incomplete sentence or sentences of detention or imprisonment imposed on the juvenile other than for the default of a payment of a fine or sum of money, whether the other sentence was or the other sentences were imposed before or at the same time as that term.

(b) under subsection (1)(f) places the juvenile under probation subject to conditions; or

the Court may, on the application of the juvenile, the Director or a prosecutor, vary or revoke the order, probation or suspension (if it is still in force) and whether or not it is still in force, subject to subsection (4D), deal with the juvenile for the offence or offences with respect to which it was made or imposed in any manner in which the Court could deal with the juvenile if it had just found the juvenile guilty of the offence or those offences.

(4A) The Court shall not vary or revoke the order, probation or suspension under subsection (4) unless the Court is satisfied that:

(a) circumstances, including those of the juvenile, have materially altered since the order, probation or suspension was made or imposed and, as a result, the juvenile will not be able to comply with the order or a condition of the probation or suspension; or

(b) the juvenile is no longer complying with, or is no longer willing to comply with, the order or a condition of the probation or suspension.

(b) under subsection (1)(f) places the juvenile under probation subject to conditions; or

the Court may, on the application, in the prescribed form, if any, of the Director or a prosecutor:

(f) revoke the order, probation or suspension (if it is still in force) and, whether or not the order, probation or suspension is still in force, subject to subsection (4D), deal with the juvenile for the offence or offences with respect to which it was made or imposed in any manner in which the Court could deal with the juvenile if it had just found the juvenile guilty of the offence or those offences.

(4C) The Court shall not vary or revoke an order, probation or suspension under subsection (4B) unless the Court is satisfied, by evidence on oath or by affidavit, or by the admission of the juvenile, that the juvenile has failed without reasonable excuse to comply with the order or a condition of the probation or suspension.

(a) shall, in determining how to deal with the juvenile under subsection (4) or (4B), take into account the extent to which the juvenile had complied with the order or conditions of the probation or suspension before the revocation or expiration of the order, probation or suspension; and

(b) shall not under subsection (4) or (4B) impose on the juvenile, as a result of his so breaching the order or condition, or the revocation of the order, probation or suspension, a penalty greater than the maximum penalty it could have imposed on him in respect of the original offence.

(a) issue a summons directing the juvenile to appear before the Court on a date and at a time specified in the summons; or

(b) where the Justice is satisfied the juvenile may not appear, or having been served with a summons issued under paragraph (a), has failed to attend before the Court, issue a warrant for the arrest of the juvenile.

(5) A period of detention or imprisonment under this section may be served continuously or periodically at the discretion of the Court.

(6) Where the Court sentences a juvenile to a period of detention in a detention centre during which period the juvenile will attain the age of 18 years, the juvenile shall, not later than 28 days after attaining the age of 18 years, be transferred from the detention centre to a prison, within the meaning of the Prisons (Correctional Services) Act, to serve the remainder of the sentence.

(6A) Where a detainee is transferred to a prison under subsection (6), the order of the Court sentencing the juvenile to a period of detention in a detention centre shall, notwithstanding anything to the contrary in this Act, be deemed to be an order of the Court sentencing the juvenile to a term of imprisonment for the period remaining to be served under the order.

(7) Nothing in this section shall be construed as limiting the power of the Supreme Court to impose on a juvenile a sentence it could otherwise than under this section impose on him.

(8) Subject to subsection (6), where the Court makes an order under subsection (1) in respect of a juvenile that order shall remain in force, provided that the juvenile complies with the Act and the order, notwithstanding that the juvenile has attained the age of 18 years.

(10) The Court shall not make an order under subsection (1)(g) ordering the imprisonment of a juvenile unless the juvenile has attained the age of 15 years.

(11) The Minister may, by notice in the Gazette, approve a program for the purposes of subsection (1)(ea).

(12) If the Court is satisfied that a juvenile ordered under subsection (1)(ea) to participate in a program:

(a) has satisfactorily completed the program – the Court may make an order under subsection (1)(a) discharging the juvenile without penalty or take any other action referred to in subsection (1); or

(b) has failed to satisfactorily complete the program or is found guilty of one or more offences committed while the matter stands adjourned under subsection (1)(ea) – the Court must revoke the order (if it is still in force) and deal with the offence as if the juvenile had come before the Court for sentence for the offence in respect of which the order was made.

The purpose of a community work order is to reflect the public interest in ensuring that a juvenile who commits an offence makes amends to the community for the offence by performing work that is of benefit to the community.

(1) The Court shall not make a community work order unless the juvenile consents to the making of the order and to the terms of the order and the Court is:

(a) notified by a probation officer that arrangements have been or will be made for the juvenile to participate in an approved project under the order; and

(b) satisfied, after considering a report from a probation officer about the juvenile and his circumstances, and if the Court thinks necessary, hearing a probation officer, that:

(i) the juvenile is a suitable person to participate in the approved project; and

(ii) the project is approved and can be provided under the arrangements referred to in paragraph (a) for the juvenile to carry out.

(b) at a place and to a person and within the time and by the means as directed by the Director in writing.

(3) Where the Court makes a community work order, the juvenile shall not leave the precincts of the Court until he signs the order.

(4) Where the Court makes a community work order, it shall ensure that a copy of the order is:

(5) Where a community work order contains a requirement in accordance with subsection (2)(b), the Director shall cause written notice of the direction to be given to the juvenile as soon as practicable after the order is made.

(6) Where the Court makes a community work order in respect of 2 or more offences, the Court shall not order the juvenile to participate in an approved project under the order for a number of hours that exceeds 480.

(7) Where the Court makes a community work order and there is in force one or more other community work orders in respect of the juvenile, the Court shall not order the juvenile to participate in an approved project for a number of hours that would require the juvenile, after the making of the first-mentioned order, to participate in the project under the order and the previous order or orders for a number of hours that, in the aggregate, exceeds 480.

(a) shall participate, for the number of hours specified in the order, in such approved project as a probation officer directs;

(c) shall, while participating in the project, comply with any reasonable direction of a probation officer or supervising officer; and

(d) shall inform a probation officer of a change in his residential address not later than 48 hours after the change.

(2) Except where the juvenile consents, a juvenile shall not be required to participate in an approved project under a community work order for more than 8 hours (exclusive of time allowed for meals) in any one day.

(b) revoke a community work order and deal with the juvenile as if the juvenile had come before the Court for sentence for the offence in respect of which the order was made;

(d) vary the time within which the juvenile is to complete his participation in the approved project.

(2) Where the Director makes an application under subsection (1), the Court shall summons the juvenile to appear before it on the hearing of the application and, if the juvenile does not appear in answer to the summons, may order that a warrant to arrest the juvenile be issued.

(3) Where the juvenile makes an application under subsection (1), the Court shall cause notice of the application and of the time and place fixed for the hearing to be served on the Director.

(4) Without limiting the matters that the Court may take into consideration in reviewing a community work order, the grounds for reviewing such an order include the fact:

(b) that the juvenile's behaviour is such that the carrying out of the terms of the order is impracticable; or

(5) This section does not apply to a community work order made by the Director under this Act.

(d) assaults, threatens, insults or uses abusive language to a probation officer or supervising officer;

(e) changes his address for the purposes of evading the execution of this Act; or

(f) commits an offence against a law in force in the Territory during a time when he is participating in an approved project under the order.

(2) Where a Justice is satisfied that a juvenile is in breach of a community work order, the Justice may:

(a) issue a summons directing the juvenile to appear before the Court on a date and at a time specified in the summons; or

(b) where the Justice is satisfied the juvenile may not appear, issue a warrant for the arrest of the juvenile.

(3) Where a juvenile served with a summons issued under subsection (2)(a) fails to attend before the Court, the Court may issue a warrant for the arrest of the juvenile.

(4) Where the Court is satisfied, by evidence on oath or by affidavit, or by the admission of the juvenile, that a juvenile is in breach of a community work order, the Court may revoke the order (if it is still in force) and, whether or not it is still in force, subject to subsection (5), deal with the juvenile for the offence or offences with respect to which the order was made in any manner in which the Court could deal with the juvenile if it had just found him guilty of the offence or those offences.

(a) shall, in determining how to deal with the juvenile under subsection (4), take into account the extent to which the juvenile had complied with the order before the revocation or expiration of the order; and

(b) shall not under subsection (4) impose on the juvenile, as a result of his so breaching the order or the revocation of the order, a penalty greater than the maximum penalty it could have imposed on him in respect of the original offence.

(6) Where the Court is satisfied that a juvenile is in breach of a community work order and there is more than one community work order in force in respect of the juvenile, the juvenile shall, for the purposes of this section, be deemed:

(b) in respect of the juvenile’s participation in the approved projects under the orders, to have participated in the projects in the order in which the orders were made.

(7) Where a community work order is made in respect of more than one offence and the Court is satisfied that the juvenile is in breach of the order, the Court shall deal with the juvenile under this section for all the offences in respect of which the order was made.

Division 4 Miscellaneous
53AN Sentence of imprisonment or detention may be backdated

the Court may order that the imprisonment or detention is to be taken to have commenced on the day on which the juvenile was arrested or on any other day between that day and the day on which the Court passes sentence.

(1) In addition to the powers given a court under the Traffic Act, or any other Act to make an order disqualifying a person from holding a licence to drive a motor vehicle, the Court may, in addition to any other order it may make on a charge for any offence being proved against a juvenile, make an order disqualifying the juvenile from holding a licence to drive a motor vehicle:

if the Court is satisfied, having regard to all the facts and circumstances before it, that the juvenile is not a fit and proper person to hold such a licence.

(2) The powers of the Court under subsection (1) may be exercised on the charge being proved and with or without a conviction being recorded.

(3) An order made under this section shall have the same force and effect as if it were an order made by a court under the Traffic Act.

(4) Where the Court is satisfied that it is just and expedient to do so, it may, at any time on application by or on behalf of a juvenile disqualified from holding a licence under this section, vary or revoke an order made under this section.

(1) Where under this Act a juvenile is ordered to pay a fine, he may apply to the Clerk of the Court for further time to pay than provided in the order, and the Clerk may grant or refuse the application.

(2) Where an application under subsection (1) is refused, the juvenile may appeal to the Court.

(1) Where the Court thinks fit, it may, subject to subsection (3), make an order for restitution by way of monetary compensation or performance of service in respect of compensation for an offence.

(2) The Court shall, on making an order under subsection (1), have regard to the amount of loss or damage suffered as a result of the offence, and the ability of the offender to make restitution.

(3) Where the Court makes an order under subsection (1) for monetary compensation, it shall not exceed $5,000, and may be paid in a lump sum or by instalments as directed by the Court.

(4) Monetary compensation under this section shall be paid to the Clerk of the Court for distribution in accordance with the order.

(5) An amount payable under this section that is in arrears may be recovered, by the person in whose favour the order to pay the amount was made, as a debt due and payable by the juvenile against whom it was made.

(6) An order made under this section does not preclude any other action or proceedings for damages by a person who suffered loss or damages as a result of an offence.

(1) Where, under section 53(1)(g), a juvenile is ordered by the Court to be detained at a detention centre, the Court may, subject to this section, order that a parent or the parents of the juvenile pay an amount towards the cost of detaining the juvenile in the detention centre, which amount shall not exceed $100 per week, for each week during which the juvenile is detained in the detention centre.

(a) specify the amount that the parent is or parents are required to pay towards the cost of detaining the juvenile;

(b) determine whether the amount shall be paid in a lump sum or by instalments; and

(ii) where the amount may be paid by instalments, the date on or before which the first instalment and the dates on or before which subsequent instalments shall be paid.

(3) An amount ordered to be paid under this section (including by instalments) shall be paid to the Clerk of the Court.

(4) The Court shall not make an order under this section in respect of a parent or the parents of a juvenile:

(a) unless the parent is or the parents are, as the case may be, given an opportunity to be heard, and it has taken into account any matters put to it by the parent or parents;

(b) unless it is satisfied that the parent has or the parents have, as the case may be, failed to exercise reasonable supervision and control of the juvenile; and

(1) An order directing an amount to be paid under section 55A shall be deemed, for the purposes of the recovery of that amount on default of payment, to be an order of the Court adjudging the payment of a fine or sum of money for that amount by the person named in the order.

(2) Where an order made under section 55A is deemed, in pursuance of subsection (1), to be an order adjudging the payment of a fine or sum of money, sections 26, 27, 28, 29, 30, 37, 38 and 39 of the Sentencing Act shall apply to and in relation to that order notwithstanding anything to the contrary in those sections and a reference in those sections to an offender shall be construed as a reference to the person named in the order.

Where a person intends to commence proceedings for loss or damage as a result of an offence by a juvenile the proceedings under this Act in respect of which were closed to the public, he may apply to the Clerk of the Court who shall supply the person with the name and address of the juvenile convicted of the offence.

(1) Notwithstanding this Act, where, in the course of any proceedings before a court, other than the Court, it appears to the court that the proceeding should have been instituted in the Court, the court may desist from further proceedings with the hearing of the proceedings, or it may, subject to this Act, proceed with the hearing and determination of those proceedings or, as the case requires, with the preliminary examination, as if it were the Court.

(2) Where a court desists under subsection (1), it shall by memorandum refer the proceedings for hearing and determination by the Court on a date and time which shall be specified in the memorandum and notified to the parties to the proceedings.

(3) On referring the proceedings under subsection (2), a court may allow the juvenile to go at large or remand him in custody in a detention centre or other suitable place (not being a prison) or release the juvenile into the care and supervision of a suitable person or discharge him on his entering into a recognizance with or without sureties to appear before the Court on the date and at the time and place so specified.

(1) Notwithstanding this Act, where, in the course of any proceedings before the Court, it appears to the Court that the proceedings should have been instituted in the Court of Summary Jurisdiction, the Court may desist from further proceeding with the hearing of the proceedings, or it may proceed with the hearing and determination of those proceedings or, as the case requires, with the preliminary examination as if the Court were the Court of Summary Jurisdiction.

(2) Where the Court desists under subsection (1), it shall by memorandum refer the proceedings for hearing and determination by the Court of Summary Jurisdiction on a date and time which shall be specified in the memorandum and notified to the parties to the proceedings.

(3) On referring the proceedings under subsection (2), the Court may allow the defendant to go at large or remand him into suitable custody or discharge him on his entering into a recognizance with or without sureties to appear before the Court of Summary Jurisdiction on the date and at the time and place so specified.

A court to which proceedings are referred under section 57A or 57B shall have jurisdiction to hear and determine the proceedings.

(1) Where proceedings are referred back to the Court pursuant to section 57A, such proceedings shall, from the date of referral, be dealt with as proceedings before the Court, notwithstanding that prior to the date of referral, the proceedings or any part of those proceedings did not comply with this Act or that a requirement of this Act had not been compiled with.

(2) In addition to subsection (1), it is expressly declared that no proceedings referred to the Court under section 57A shall be declared invalid by reason that prior to the date of the referral those proceedings did not comply with this Act or that a requirement of this Act had not been complied with.

(1) An appeal shall lie to the Supreme Court from a final order, declaration or adjudication made by the Court under:

(a) shall be made in accordance with the rules of court made under this Act; and

(3) Subject to the rules, if any, made under or for the purposes of this Act, the provisions of the Justices Act relating to appeals from the Court of Summary Jurisdiction shall apply, so far as they are applicable, to an appeal under subsection (1).

Nothing in this Part derogates from the power of a Judge of the Supreme Court to refer an appeal to be heard by the Full Court of the Supreme Court.

The Supreme Court may, when hearing an appeal against a decision of the Court, exercise the same powers and make any order or adjudication in relation to a juvenile or the proceedings that could lawfully have been made by the Court acting under the powers conferred on it by this or any other Act in force in the Territory.

(1) Subject to this section, where a finding is made by the Court that a charge against a juvenile is proven, and an order is made against or in relation to the juvenile or a parent or the parents of the juvenile in consequence of that finding, the Court may, upon an application made under subsection (2), reconsider the order and may:

(b) discharge the order and substitute therefor any other order the Court could have made in relation to the offence.

(2) An application referred to in subsection (1) may be made, at any time, in accordance with the rules of Court under this Act, by:

(3) Where an application has been made under this section for reconsideration of a sentence of detention, the Court may before it hears the application, upon application by or on behalf of the juvenile, release the juvenile from detention upon bail.

(4) The Court shall notify an applicant and all other parties concerned with an application under subsection (2) of the place, date and time for the hearing of the application.

(5) Subject to subsection (7), where an appeal to the Supreme Court is instituted in respect of an original order of the Court, no application under this section may thereafter be made by or on behalf of the juvenile or by a parent or the parents of the juvenile to whom the appeal relates.

(6) Subject to subsection (7), where an application for reconsideration is made under subsection (2), no appeal shall lie to the Supreme Court against the order in respect of which reconsideration is sought.

(7) Where an application under subsection (2), or a notice of appeal to the Supreme Court, is withdrawn, all other parties concerned shall be notified accordingly by the Clerk of the Court, and thereupon an appeal shall lie to the Supreme Court, or an application may be made under subsection (2), as the case requires, in all respects as if the date of that withdrawal were the date upon which the original order was made.

(8) An appeal shall lie to the Supreme Court from any order made by the Court under this section.

The Minister may, for the purposes of this Act, approve an establishment to be a juvenile detention centre.

A person shall not be admitted to a detention centre except in accordance with this Act.

(2) The superintendent of a detention centre shall be responsible, so far as practicable, for the physical, psychological and emotional welfare of juveniles detained in the detention centre.

(3) For the purposes of subsection (2), the superintendent of a detention centre shall:

(a) promote programmes to assist and organize activities of detainees to enhance their well-being;

(b) encourage the social development and improvement of the welfare of detainees;

(c) maintain order and ensure the safe custody and protection of all persons who are within the precincts of the detention centre whether as detainees or otherwise;

(d) be responsible for the maintenance and efficient conduct of the detention centre; and

(e) supervise the health of detainees, including the provision of medical treatment and, where necessary, authorize the removal of a detainee to a hospital for medical treatment.

(1) The superintendent of a detention centre has such powers as are necessary for the performance of his functions.

(2) Without limiting the generality of subsection (1), the superintendent of a detention centre may, subject to the order of the Court under which the detainee is detained, permit a detainee to be absent from a detention centre:

(a) for a period not exceeding 12 hours for the purposes of receiving educational training or participating in arrangements of a social, recreational or vocational nature; or

(b) in the custody and under the supervision of a member of the staff of the detention centre, a member of the Police Force, the sheriff within the meaning of the Sheriff Act or a person authorized by the Director, for any period for a purpose approved by the superintendent.

(3) The powers and functions of the superintendent of a detention centre, in relation to a person legally detained in the detention centre are not altered or diminished by the fact that the detainee may be outside the precincts or absent from the detention centre.

(1) Subject to subsection (2), the superintendent of a detention centre may release a detainee from the detention centre not more than 48 hours before the detainee would have been discharged from the detention centre in accordance with the order sentencing the detainee to the period of detention in the detention centre.

(2) A detainee shall not be released under subsection (1) except where there are genuine compassionate grounds for doing so or where the release will facilitate the return of the detainee to his or her place of residence.

(1) The superintendent of a detention centre shall maintain discipline at the detention centre by the use of such force as is reasonably necessary in the circumstances other than:

(d) subject to subsection (1A), handcuffing or use of similar devices to restrain normal movement.

(1A) If the superintendent of a detention centre is of the opinion that an emergency situation exists and that a detainee should be temporarily restrained to protect the detainee from self harm or to protect other detainees, staff of the detention centre or visitors to the centre from harm, the superintendent may use handcuffs or a similar device to restrain the detainee until the superintendent is satisfied the emergency situation no longer exists.

(2) Where the superintendent of a detention centre is of the opinion that a detainee should be isolated from other detainees for their protection or for the protection of employees in or visitors to the detention centre or for the good order of the detention centre, the superintendent may do so for a period not exceeding 24 hours or, with the approval of the Director, not exceeding 72 hours.

The superintendent or the officer in charge of a detention centre may approve handcuffs or a similar device to restrain normal movement to be used when escorting a juvenile outside the detention centre.

(1) The superintendent of a detention centre may, by instrument in writing, delegate to a person employed as a member of the staff of the detention centre or a person authorized by the Director under section 65(2)(b) any of his powers and functions under this Act, other than this power of delegation.

(1A) A member of the Police Force or a prison officer within the meaning of the Prisons (Correctional Services) Act, if called upon by the superintendent of a detention centre to assist in an emergency situation or in preventing an emergency situation from arising, is to be taken to have been delegated the powers of the superintendent necessary to perform the superintendent's functions under section 64(3)(c).

(3) A delegation under this section does not prevent the exercise of a power or the performance of a function by the superintendent of the detention centre.

The superintendent of a detention centre shall, as soon as practicable after 31 December in each year, furnish to the Minister a report on the operation of the detention centre during the year ending on that date.

(1) The superintendent of a detention centre shall keep a register containing in relation to every juvenile received in the detention centre, so far as those particulars are reasonably ascertainable by the superintendent:

(b) the names and addresses of the parents or guardians or persons who, immediately before the detention of the juvenile in the detention centre, had the custody of the juvenile;

(c) the names and addresses of persons, other than the persons referred to in paragraph (b), from whom the juvenile was received in the detention centre and their relationship to the juvenile;

(d) the date on which the juvenile was received in, and the date on which the juvenile left, the detention centre; and

as the Director thinks fit and, for the purposes of paragraph (b), a reference to a medium includes, but is not limited to:

(1) The Minister or an authorized person may at any reasonable time enter and inspect a detention centre.

(2) The superintendent of a detention centre shall, if so required by the Minister or an authorized person, produce for inspection the register kept under section 69 and shall furnish the Minister or the authorized person with such information in relation to any juvenile in the detention centre as required by the Minister or that person.

(3) A person shall not hinder the Minister or an authorized person in the exercise of a power conferred on him by subsection (1) or fail to comply with a requirement made of him under subsection (2).

(1) The superintendent of a detention centre may, for the purposes of the management, good order or security of the detention centre, direct that tests be carried out under this section to determine whether there is any drug or alcohol present in the bodies of detainees.

(2) Where a direction is given under subsection (1), a detainee shall submit to the taking of such quantity of the detainee's blood, breath or urine by a person authorised under subsection (3) as is reasonably necessary for the purpose of determining whether there is present in the detainee's body any drug or alcohol.

(3) For the purpose of subsection (2), but subject to subsection (4), the Director may authorise a person to take samples of a detainee's blood, breath or urine for the purpose of determining whether there is present in the detainee's body any drug or alcohol.

(4) A person shall not be authorised under subsection (3) to take samples of a detainee's blood unless the person is a medical practitioner or registered under the Nursing Act.

(5) A person authorised under subsection (3) may, for the purposes of subsection (2), use such force on a detainee as is reasonably necessary to ensure that the quantity of the detainee's blood, breath or urine is taken and no action, civil or criminal, shall be commenced or lie against the person in relation to the person's exercise of the power.

(1) A juvenile detained in a detention centre for a crime must provide a sample by buccal swab to a person authorised under subsection (3) when directed to do so by the superintendent of the detention centre.

(2) A juvenile is not to be taken to have provided a sample unless the sample is sufficient to enable an analysis of it to be carried out.

(4) A person authorised under subsection (3) may use reasonable force to obtain a sample by buccal swab from a detainee if the detainee refuses to provide the sample when directed to do so by the superintendent of the detention centre.

(5) As soon as practicable after the sample is obtained, the superintendent of the detention centre must deliver the sample to the Commissioner of Police.

(6) No action or proceeding, civil or criminal, can be commenced against a person in relation to the exercise of the power conferred on the person by subsection (4).

(1) The Minister may appoint a person to be an official visitor for a detention centre.

(2) Not less than 3 official visitors shall be appointed for each detention centre.

(3) Subject to this section, an official visitor holds office for 3 years and is eligible for reappointment.

(4) An official visitor may resign his or her office by notice in writing to the Minister.

(5) An official visitor shall receive such remuneration, allowances and expenses, at such rates, as the Minister determines.

(a) having regard to this Act and the Regulations, inquire into the treatment, behaviour and conditions of detainees in the detention centre for which the official visitor is appointed; and

(i) if the Minister has directed that the official visitor report in relation to a specified matter to the Director – in relation to that matter, to the Director; and

A detention centre shall be visited by an official visitor appointed for that detention centre at least once every month.

An official visitor shall not, during or after a visit to a detention centre, interfere with or give instructions to a member of the staff of the detention centre regarding the management, discipline or treatment of detainees.

A juvenile detained at a detention centre shall, on request to the superintendent of the centre, be given access to a medical practitioner for the purpose of medical consultation and treatment.

The superintendent of a detention centre shall comply with the direction of a medical practitioner relating to the maintenance of the health of a juvenile detained at the centre.

The superintendent of a detention centre shall move to a hospital a juvenile detained at that centre in the event of the illness of the juvenile on the order of:

(1) Where a juvenile is moved to a hospital in pursuance of section 74C, the superintendent of the detention centre from which the juvenile was moved shall make such arrangements with the person in charge of the hospital as are necessary to ensure the security and good order of the juvenile while he is in hospital.

(2) A juvenile who is in hospital in accordance with an arrangement made under subsection (1) shall be deemed to be lawfully detained for the purposes of this Act.

(3) If, on discharge from the hospital, the sentence of detention of a juvenile moved to a hospital under section 74C has not expired, the juvenile shall be returned to the detention centre from which he was removed, to serve the remainder of his sentence.

(1) Where, in the opinion of a medical practitioner, the life or health of a juvenile detained in a detention centre is likely to be endangered or seriously affected by the refusal of the juvenile to undergo a medical examination or to submit to medical treatment, or any other juvenile or person is likely to be endangered or seriously affected by that juvenile's refusal, that juvenile shall submit, provided where practicable he has the right to a second medical opinion, to such medical examination or treatment as may be ordered by the Director, after the Director has consulted with the medical practitioner.

(2) As soon as practicable after his reception into a detention centre, and at such other times as the Director after consultation with a medical practitioner directs, a juvenile shall submit to the taking of such quantity of his blood or bodily secretion or excretion by a person qualified to take it as is reasonable necessary for the purpose of determining the medical condition of the juvenile.

(3) For the purposes of subsection (2), a person who is permitted under that subsection to take the blood or bodily secretion or excretion of a juvenile may use such force on the juvenile as is reasonably necessary to ensure that the blood or bodily secretion or excretion is taken and no action, civil or criminal, shall be commenced or lie against the person in relation to his exercising that power.

The Director shall, where a juvenile is detained at a detention centre, notify the next of kin, a close relative or legal representative of the juvenile, or such other person as requested by the juvenile to be notified, when the juvenile is seriously ill or dies.

(1) The superintendent of a detention centre shall, immediately on the death of a juvenile detained at that centre, notify the Director of the death.

(2) The Director shall, after receiving notification under subsection (1), immediately notify the coroner of the death of the juvenile.

Part X Interstate transfer of juveniles serving periods of detention and on probation

corresponding detention centre, in relation to a State, means an establishment in the State in which interstate detainees serve a period of detention imposed upon them, by a court of that State, for an offence against a law of that State.

corresponding Minister, in relation to a State, means the minister or officer of the State from time to time responsible for juveniles in that State who have had imposed on them, for an offence against a law of that State, a period of detention and, where 2 or more ministers or officers are so responsible, or where that minister or officer is not otherwise ascertain-able, means the minister or officer of that State which, in the opinion of the Minister, is so responsible.

detainee includes a juvenile the subject of a direction given under section 21 of the Prisons (Correctional Services) Act, but does not include an interstate detainee or a juvenile on remand to stand his trial for an offence.

interstate detainee, in relation to a State, means a juvenile in that State who has attained the age of 10 years and who has had imposed on him, for an offence against a law of that State, a period of detention.

Superintendent in relation to a corresponding detention centre, means the person for the time being in charge of the corresponding detention centre.

(2) Where a justice of a State, in the exercise of his powers, issues in respect of a juvenile an order for a period of detention of the juvenile while not constituting a court, the period of detention imposed by the order shall, for the purposes of this Act, be deemed to have been imposed by a court.

(3) For the purposes of this Act, a period of detention imposed, or originally imposed, on a juvenile by, or by the operation of, an Act or other law of a State shall, except as prescribed by the Regulations under this Act, be deemed to have been imposed, or originally imposed, by a court of the State.

(1) Subject to section 77, the Minister may, where he is of the opinion that, in all the circumstances, it is appropriate that a detainee serve his period of detention in a State, make an order for the transfer of the detainee to the State specified in the order.

(2) Without limiting the generality of subsection (1), the circumstances to be considered by the Minister for the purpose of deciding whether to make an order under that subsection in relation to a detainee may include circumstances relating to:

(3) For the purposes of deciding whether to make an order under subsection (1) in relation to a detainee, the Minister may request:

to supply to the Minister, within the period specified in the request, such information as is specified in the request and the detainee, parents or guardian shall, accordingly, supply to the Minister the information within that period.

(4) A decision to make, or not to make, an order under subsection (1) is not subject to review by a court or tribunal.

(1) The Minister shall not make an order under section 76(1) in relation to a detainee unless he is satisfied that:

(b) there is no appeal pending under Part VII in relation to the detainee and that the period for lodging such an appeal by the detainee has expired; and

(i) there is in force, in the State to which the detainee would be transferred under the order, a law the provisions of which substantially correspond to the law of the Territory the offence against which by the detainee gave rise to the detainee's period of detention;

(ii) the corresponding Minister of the State referred to in subparagraph (i) will, in accordance with that order, accept the detainee;

(iii) the State, or an authority of the State, referred to in subparagraph (i) will not impose on the detainee, in relation to the offence which gave rise to the detainee's period of detention, a penalty in addition to that period of detention; and

(iv) there is in force, in the State referred to in subparagraph (i), a law the provisions of which mean that the detainee would, in that State, for the purposes of section 80(1), be in the lawful custody of the escort referred to in that section and would, if the detainee were in that State to escape that custody, be subject to proceedings the tenor of which substantially correspond to section 84.

(2) Where the Minister is satisfied that special circumstances exist that warrant his so doing and that his action is in the best interest of the detainee, he may make an order under section 76(1) notwithstanding that the detainee has not consented to the order being made.

Subject to section 79, where the Minister receives a written request by the corresponding Minister, or a person authorized in writing by the corresponding Minister to make such a request, asking him to accept the transfer of an interstate detainee to the Territory, the Minister shall either refuse to consent, or consent, to the transfer and shall give to the corresponding Minister, or person authorized in writing, by whom the written request was made, written notice of his refusal or consent.

The Minister shall not consent under section 78 to the transfer to the Territory of an interstate detainee unless he is satisfied that:

(a) there is in force in the Territory a law the provisions of which substantially correspond to the law of the State the offence against which by the interstate detainee gave rise in that State to the interstate detainee's period of detention; and

(i) the interstate detainee would not be subject to an indeterminate period of detention;

(ii) the interstate detainee would not be subject to a period of detention in the Territory which is greater than the maximum period of detention which he would have had to serve if the court in the Territory corresponding to the court in the State which imposed the interstate detainee's period of detention, had made an order imposing on a detainee a period of detention in relation to an offence against the Territory law referred to in paragraph (a);

(iii) there would not be imposed on the detainee, in relation to the offence which gave rise to the period of detention imposed on the interstate detainee in the State seeking the transfer of the interstate detainee to the Territory, a penalty in addition to that period of detention; and

(iv) the detention centre in the Territory to which it is proposed to transfer the interstate detainee has adequate facilities to cater for him.

(a) shall direct the superintendent or other person in charge of the detention centre where the detainee who is the subject of the order is then held to deliver the detainee into the custody of an escort and shall be sufficient authority to the superintendent to so deliver the detainee; and

(b) authorizes the escort to hold, take and keep custody of the detainee for the purpose of conveying him from the Territory to such corresponding detention centre in a State as is specified in the order and there to deliver him into the custody of the Superintendent of that corresponding detention centre.

(2) A reference in subsection (1) to an escort is a reference to a member of the Police Force, or a person appointed by the Minister by an instrument in writing to be an escort for the purposes of this Act, or any 2 or more of them.

(a) in accordance with a consent given under section 78, an order is made for the transfer to the Territory of an interstate detainee held in the State where the order is made; and

(b) pursuant to the order, an escort brings the interstate detainee into the Territory,

the escort, while in the Territory, is authorized to hold, take and keep custody of the detainee for the purpose of conveying him to such detention centre in the Territory as is specified in the order and there to deliver him into the custody of the superintendent or other person in charge of the detention centre.

Where, pursuant to an order made under section 76(1), a detainee is conveyed to a State specified in the order, then, from the time the detainee arrives in the State the sentence or other order under which the period of detention was imposed upon the detainee by a court of the Territory ceases to have effect in the Territory except in relation to the period of detention served by the detainee in the Territory.

(1) Where, pursuant to an order under section 76(1), a detainee is conveyed to a State, the Minister shall cause to be sent to the corresponding Minister of the State or to some person for the time being designated by the corresponding Minister for the purpose:

(b) the order, or other authority, for commitment for a period of detention which the detainee was, immediately before he left the Territory, serving or liable to serve;

(c) a report relating to the detainee, which shall contain such information and be accompanied by such documents available in the Territory as appear likely to be of assistance to a court, authority or officer in the State and shall include details of the period of detention served, entitlements to a review of the period of detention to be served and a copy of any record relating to the detainee's conduct; and

(d) details, accompanied by relevant orders or other documents, of any subsequent variations to the information provided in accordance with this subsection, whether arising from a review or otherwise.

(2) A reference in subsection (1) to an order or other document is a reference to either the original or a copy certified in the prescribed manner.

Where under a law of a State an order is issued for the transfer to the Territory of an interstate detainee serving a period of detention in the State and the inter-state detainee is brought into the Territory pursuant to the order and a consent given under section 78, then from the time the interstate detainee arrives in the Territory:

(a) a period of detention imposed upon him by a court of the State (including a period of detention deemed by the provision of a law of that State that corresponds to this section to have been imposed by a court of that State) shall be deemed to have been imposed upon him; and

(b) a direction or order given or made by a court of the State in relation to when that period of detention shall commence shall, so far as practicable, be deemed to have been given or made,

by a court of the Territory corresponding to the court of that State and, except as otherwise provided in this Act, shall be given effect to in the Territory, and the laws of the Territory shall apply, as if the Territory court so specified had had power to impose the period of detention and give or make the direction or order, if any, and did in fact impose the period of detention and give or make the direction or order.

(1) A detainee who, being a detainee in the custody of an escort pursuant to an order referred to in section 80(1), shall not escape or attempt to escape from that custody while he is within the Territory, the State from which he is being conveyed under the order or any other State.

(2) An interstate detainee, being an interstate detainee in the custody of an escort pursuant to an order referred to in section 80(3), shall not escape or attempt to escape from that custody while he is within the Territory, the State from which he is being conveyed under the order or any other State.

(3) A period of detention imposed on a detainee for an offence against subsection (1) shall be served after the expiration of the period of detention to which he was subject at the time of his escape or attempt to escape.

The Court may revoke an order made under section 76(1) if it appears to the Court, on application to it under this section by the holder of a prescribed office or position or by a person who belongs to a prescribed class of persons, that the detainee in respect of whom the order was made had, in the course of his being conveyed pursuant to that order, committed:

(c) the offence was an offence against a law of the Territory or of the State to which he was being transferred in accordance with that order; or

(1) For the purpose of forming an opinion or exercising a discretion under this Part, the Minister may inform himself as he thinks fit and, in particular, may have regard to reports from a superintendent or other person in charge of a detention centre or the Superintendent of a corresponding detention centre or any other person.

(2) Reports of a superintendent or other person in charge of a detention centre may be sent to a corresponding Minister of a State for the purpose of assisting the corresponding Minister to form an opinion or to exercise a discretion under a law of that State administered by him which relates to the interstate transfer of an interstate detainee.

(1) Where a juvenile is convicted of an offence but is released by an order under section 53 subject to conditions, the Minister may, on application being made to him on behalf of the juvenile, on being satisfied that adequate power exists under the law of a State or another Territory of the Commonwealth to ensure that the juvenile will continue to be subject to a similar liability to abide by the conditions subject to which he was released and that the relevant authority in the State or other Territory has agreed to undertake the supervision of the juvenile on similar terms and conditions to which he is subject in the Territory, approve in writing the transfer of the juvenile to that State or other Territory.

(2) The Minister shall send to the relevant Authority a copy of his approval under subsection (1).

(3) On the Minister being advised in writing by the relevant authority in the State or other Territory to which a juvenile is transferred in pursuance of an approval under this section of the arrival of the juvenile in that State or Territory, section 53 ceases to apply to or in relation to the juvenile and all recognizances and other conditions under that Act cease to have effect or apply.

(a) has been released on probation or other conditional arrangement by order of a court of a State or another Territory of the Commonwealth; and

(b) is, in consequence of the making of the probation or other conditional arrangement, subject to the supervision of a person.

(2) The Minister may enter into an agreement with the person who is responsible in a State or another Territory of the Commonwealth for the supervision of a person to whom this section applies for the supervision in the Territory of that person on probation.

(3) On a person to whom this section applies reporting to the Minister, or a person approved by the Minister for that purpose, on his arrival in the Territory in pursuance of an agreement under subsection (2), the Minister shall, by notice in writing, advise the person under whose supervision the person was before his arrival in the Territory and the Minister shall, on signing the notice, assume responsibility for the supervision of that person on probation on the same terms and conditions, with the necessary changes, as those applying to him in the State or other Territory from which he was transferred.

(4) The order of a court in a State or other Territory from which a person to whom this section applies was transferred shall be deemed to be an order, with the necessary changes, made under section 53 and a recognizance or other obligation entered into under that order shall be enforceable as if it was entered into in the Territory under that section.

(5) Where a person to whom this section applies transferred under this section to the supervision of the Minister fails to comply with a condition to which he is subject, he may be dealt with by the Court as if the offence in relation to which he was released on probation by the Court in the State or other Territory was committed in the Territory and he had been convicted accordingly.

(1) If a member of the Police Force has reason to believe that a juvenile has breached a condition imposed on the juvenile under section 53(1)(d), (f), (h) or (j) or (3), the member may, without warrant, arrest the juvenile and shall, as soon as practicable, bring him before the Court.

(1) If the Court orders forfeiture of a bail undertaking or monetary recognizance, Part 8 of the Fines and Penalties (Recovery) Act applies and payment is to be enforced under that Act unless the Court orders detention or imprisonment in default under subsection (2).

(2) The Court may order that if the forfeited amount is not paid within 28 days, the juvenile in respect of whom the order is made is to be detained at a detention centre or imprisoned until his or her liability to pay the forfeited amount is discharged.

(3) If the Court makes an order under subsection (2) and the forfeited amount is not paid within 28 days, the Court may issue a warrant of commitment in respect of the juvenile specifying the period of detention or imprisonment calculated on the basis of the amount forfeited as follows:

(a) the period is to be one day for each amount (or part of that amount) prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act that comprises the amount forfeited;

(4) If a juvenile serves the total period of detention or imprisonment under a warrant under subsection (3), the forfeiture is taken to be satisfied.

(5) If a juvenile serves part of the period of detention or imprisonment under a warrant under subsection (3), the forfeiture is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act for each day actually served.

(6) Unless otherwise ordered by the Court, any period of detention or imprisonment that the juvenile has to serve as a result of an order under subsection (2) is to be served:

(a) cumulatively on any incomplete sentence or sentences of detention or imprisonment imposed on the juvenile for the default of a payment of a fine or sum of money; and

Where a juvenile has, whether before or after the commencement of this Act, been found by a court to have committed an offence but no conviction was recorded by the court, no evidence or mention of that offence may be made to, or the offence be taken into account by, a court other than the Juvenile Court.

Section 107 of the Sentencing Act applies to and in relation to proceedings under this Act as if a reference in that section to:

(c) a court of summary jurisdiction in subsection (3) were a reference to the Juvenile Court established under section 14.

(1A) For the purposes of subsection (1) or (1B), and without limiting the generality of those subsections, a detainee shall be taken to have absconded from lawful detention at a detention centre if the detainee absconds while absent from the detention centre in pursuance of section 65(2).

(1B) Where a detainee absconds from lawful detention at a detention centre, the order detaining the detainee shall not run during the period the detainee remains at large.

(2) A person found guilty of an offence against subsection (1) shall be liable to up to 90 days detention at a detention centre or imprisonment as may be ordered by the Court, such period being in addition and subsequent to the period of detention or imprisonment originally ordered by the Court.

(3) A person authorized in writing by the Minister or orally or in writing by a member of the Police Force may, in respect of the arrest and taking into custody of a detainee who has escaped from a detention centre, exercise the powers conferred on a member of the Police Force and shall, in relation to the exercise of those powers, discharge all of the obligations imposed on such a member by the Police Administration Act.

(a) remove a detainee from a detention centre except in accordance with this Act or any other law in force in the Territory;

(b) knowingly harbour or aid a detainee who has absconded from lawful detention;

(e) remain in the vicinity of a detention centre after being requested to leave by the superintendent or member of the staff of that detention centre or by a member of the Police Force;

(g) without the permission of the superintendent of the detention centre, convey or deliver or allow to be conveyed or delivered to a detainee liquor or drugs or any money, letter, document, clothing or other article;

(h) without the permission of the superintendent of the detention centre, convey or deliver or receive liquor or drugs or any money, letter, document, clothing or other article out of a detention centre;

(j) without the permission of the superintendent of the detention centre, leave liquor or drugs or any money, letter, document, clothing or other article with the intention of it being received or found by a detainee; or

(k) without the permission of the superintendent of the detention centre, communicate or attempt to communicate with a detainee.

a superintendent or member of the staff of a detention centre, member of the Police Force or an authorized person in the exercise of his powers or performance of his functions or duties under this Act.

A person who is not a superintendent of a detention centre or an authorized person who falsely represents himself to be such a person is guilty of an offence.

A person who, without lawful excuse, removes a juvenile from the care of a person or an establishment with whom or at which the juvenile has been placed pursuant to this Act, is guilty of an offence.

(1) The superintendent of a detention centre or an authorized person shall, if the Minister directs, before entering upon his duties or exercising his powers or functions under this Act, make a declaration in accordance with the prescribed form.

(2) The superintendent of a detention centre or authorized person shall not, directly or indirectly, except in the performance of his duties or in the exercise of his powers or functions under this Act, and while he is, or after he ceases to be, the superintendent or an authorized person, make a record of, or disclose or communicate to any person, any information relating to the affairs of another person acquired by him in the exercise of his powers or in the performance of his functions or duties under this Act.

(3) A person who is or who has been the superintendent of a detention centre or an authorized person shall not, except for the purposes of this Act, be required to:

(a) produce in court a document that has come into his possession or is under his control; or

(b) disclose or communicate to a court any matter or thing that has come under his notice,

(4) Notwithstanding subsection (2), the superintendent of a detention centre or an authorized person may disclose information or records that have come to his notice in the performance of his functions or duties under this Act:

(e) where the Minister certifies that it is necessary in the public interest that the information should be disclosed – to such person as the Minister directs;

(g) to a person who, in the opinion of the Minister, is expressly or impliedly authorized by the person to whom the information relates to obtain it;

(h) subject to the approval of the Minister, to a person engaged in a bona fide research programme where the person has given a prior undertaking in writing to the Minister to preserve the identity and confidentiality regarding individual persons to whom the information and records relate; or

(1) A person who contravenes or fails to comply with this Act (other than Parts V and IX), the Regulations or an order made under this Act is guilty of an offence.

(2) A person who contravenes or fails to comply with this Act (other than Parts V IX), the Regulations or an order made under this Act for which a penalty is not, other than by this section, provided is punishable on conviction by a fine of $2,000 or imprisonment for 6 months.

(1) A suit or action shall not be commenced against the Minister or a Chief Executive Officer, or an employee, as defined in the Public Sector Employment and Training Act for or on account of an act, matter or thing done by him or under his direction and purporting to be done for the purpose of carrying out the provisions of this Act:

(a) if the Minister, Chief Executive Officer or employee acted in good faith and with reasonable care; or

(2) If, pending a suit or action against the Minister or a Chief Executive Officer, or an employee, as defined in the Public Sector Employment and Management Act for or on account of an act, matter or thing done by him or under his direction and purporting to be done for the purpose of carrying out the provisions of this Act:

(a) application to stay the suit or action is made to the court in which the suit or action is pending or commenced; and

(i) there is no reasonable ground for alleging want of good faith or reasonable care; or

the court may stay the proceedings in the suit or action on such terms as to costs or otherwise as the court thinks fit.

(1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for providing for:

(a) the construction (including provision for the storage and preparation of food), cleanliness, sanitation, lighting, heating, ventilation and safety of detention centres;

(c) the number of juveniles who may be received in a detention centre having regard to the available facilities (including medical facilities and other amenities), space and staff of the centre;

(e) the suitability of persons operating detention centres and of the staff employed in such centres, and fixing the numbers of such staff;

(f) the maintaining of order within a detention centre, including the conduct of searches, and the manner of dealing with the misconduct of detainees and any grievances or complaints of detainees;

(g) penalties not exceeding $2,000 or imprisonment for 6 months for offences against the Regulations.

(2) The Regulations may authorise the Director or a superintendent of a detention centre to make a determination in relation to:

Where before the commencement of the Community Welfare Act a proceeding or other action against or in relation to a juvenile in relation to which, but for this section, this Act would apply had been or was taken under the Acts repealed by section 3 of the Community Welfare Act but had not, immediately before the commencement of that Act, been disposed of or completed, those Acts, as in force immediately before the commencement of the Community Welfare Act, shall continue to apply to and in relation to that juvenile until the proceeding or action is completed and all orders of a court made in that proceeding or action are discharged or expire, as if the Community Welfare Act had never commenced.

(b) the offence was not part of a single criminal enterprise during which the juvenile committed an offence against Part VI of the Criminal Code;

(d) the offender was not employed at the premises or place at the time of the offence.

2. An offence against section 211, 212, 213, 214, 215, 218, 229, 230, 231 or 251 of the Criminal Code.

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

Juvenile Justice Act 1983 (Act No. 77, 1983)
Assent date	28 November 1983
Commenced	20 April 1984 (s 2, s 2 Community Welfare Act 1983 (Act No. 76, 1983) and Gaz S14, 30 March 1984; Part III - Gazette
Statute Law Revision Act 1984 (Act No. 28, 1984)
Assent date	20 July 1984
Commenced	20 July 1984
Statute Law Revision Act 1986 (Act No. 64, 1986)
Assent date	19 December 1986
Commenced	19 December 1986
Juvenile Justice Amendment Act 1987 (Act No. 58, 1987)
Assent date	18 December 1987
Commenced	s 16: 20 June 1987; rem: 8 March 1989 (s 2, s 2 Traffic Act 1987 (Act No. 44, 1987) and Gaz G9, 8 March 1989, p 2)
Statute Law Revision Act 1988 (Act No. 66, 1988)
Assent date	22 December 1988
Commenced	22 December 1988
Local Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)
Assent date	5 June 1989
Commenced	s 6: 5 June 1989; rem: 1 January 1991 (s 2, s 2 Small Claims Amendment Act 1988 (Act No. 43, 1988), Gaz G17, 3 May 1989, p 2, s 2 Local Court Act 1989 (Act No. 31, 1989) and Gaz G49, 12 December 1990, p 2)
Juvenile Justice Amendment Act 1990 (Act No. 24, 1990)
Assent date	7 June 1990
Commenced	7 June 1990
Statute Law Revision Act 1991 (Act No. 31, 1991)
Assent date	25 June 1991
Commenced	25 June 1991
Juvenile Justice Amendment Act 1991 (Act No. 43, 1991)
Assent date	26 June 1991
Commenced	1 January 1992 (Gaz S63, 16 December 1991)
Statute Law Revision Act 1992 (Act No. 46, 1992)
Assent date	7 September 1992
Commenced	7 September 1992
Juvenile Justice Amendment Act 1992 (Act No. 74, 1992)
Assent date	14 December 1992
Commenced	29 March 1993 (s 2, s 2 Criminal Records (Spent Convictions) Act 1992 (Act No. 76, 1992) and Gaz G12, 24 March 1993, p 3)
Juvenile Justice Amendment Act 1993 (Act No. 45, 1993)
Assent date	27 September 1993
Commenced	27 September 1993
Statute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)
Assent date	9 November 1993
Commenced	9 November 1993
Statute Law Revision Act 1995 (Act No. 14, 1995)
Assent date	26 June 1995
Commenced	26 June 1995
Juvenile Justice Amendment Act 1995 (Act No. 18, 1995)
Assent date	26 June 1995
Commenced	1 November 1995 (Gaz G44, 1 November 1995, p 2)
Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)
Assent date	19 April 1996
Commenced	1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)
Juvenile Justice Amendment Act 1996 (Act No. 23, 1996)
Assent date	25 June 1996
Commenced	25 June 1996
Juvenile Justice Amendment Act (No. 2) 1996 (Act No. 61, 1996)
Assent date	31 December 1996
Commenced	8 March 1997 (Gaz S7, 7 March 1997)
Juvenile Justice Amendment Act (No. 3) 1996 (Act No. 62, 1996)
Assent date	31 December 1996
Commenced	1 March 1997 (Gaz G8, 26 February 1997, p 3)
Juvenile Justice Amendment Act 1998 (Act No. 12, 1998)
Assent date	30 March 1998
Commenced	29 April 1998 (Gaz G16, 29 April 1998, p 3)
Juvenile Justice Amendment Act (No. 2) 1998 (Act No. 81, 1998)
Assent date	21 October 1998
Commenced	21 October 1998
Juvenile Justice Amendment Act (No. 3) 1998 (Act No. 86, 1998)
Assent date	9 December 1998
Commenced	15 February 1999 (s 2, s 2 Police Administration Amendment Act (No. 2) 1998 (Act No. 87, 1998) and Gaz S6, 15 February 1999)
Juvenile Justice Amendment Act 1999 (Act No. 12, 1999)
Assent date	25 March 1999
Commenced	22 December 1999 (Gaz G50, 22 December 1999, p 3)
Juvenile Justice Amendment Act (No. 2) 1999 (Act No. 34, 1999)
Assent date	18 June 1999
Commenced	1 August 1999 (Gaz S31, 1 July 1999)
Juvenile Justice Amendment Act 2000 (Act No. 6, 2000)
Assent date	21 March 2000
Commenced	ss 3 and 5: 22 December 1999; rem: 21 March 2000
Sentencing of Juveniles (Miscellaneous Provisions) Act 2000 (Act No. 17, 2000)
Assent date	30 May 2000
Commenced	1 June 2000 (s 2)
Juvenile Justice Amendment Act 2001 (Act No. 28, 2001)
Assent date	19 July 2001
Commenced	3 July 2002 (Gaz G26, 3 July 2002, p 2)
Juvenile Justice Amendment Act (No. 2) 2001 (Act No. 53, 2001)
Assent date	21 March 2000
Commenced	22 October 2001 (s 2)
Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60, 2001)
Assent date	11 December 2001
Commenced	22 October 2001 (s 2, s 2 Fines and Penalties (Recovery) Act 2001 (Act No. 59, 2001) and Gaz G50, 19 December 2001, p 3)
Juvenile Justice Amendment Act 2002 (Act No. 5, 2002)
Assent date	28 March 2002
Commenced	29 May2002 (Gaz G21, 29 May 2002, pp 3 and 4)

pts 3 and 4 Sentencing of Juveniles (Miscellaneous Provisions) Act 2000 (Act No. 17, 2000)

s 3 amd No. 58, 1987, s 4; No. 18, 1995, s 4; No. 23, 1996, s 3; No. 61, 1996, s 4; No. 12, 1998, s 4; No. 86, 1998, s 4; No. 34, 1999, s 4; No. 17, 2000, s 4; No. 53, 2001, s 4

s 53 amd No. 28, 1984, s 3; No. 58, 1987, s 20; No. 24, 1990, s 4; No. 18, 1995, s 9; No. 23, 1996, s 4; No. 61, 1996, s 6; No. 12, 1998, s 5; No. 34, 1999, s 5; No. 17, 2000, s 4; No. 53, 2001, s 6; No. 60, 2001, s 10

amd No. 61, 1996, s 12; No. 12, 1999, s 12; No. 53, 2001, s 9; No. 60, 2001, s 10

Northern Territory Repealed Acts

JUVENILE JUSTICE ACT