YOUTH JUSTICE ACT 1992

Queensland Consolidated Acts

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- As at 19 September 2024
- Act 44 of 1992

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
2. Objectives of Act
3. Youth justice principles
4. Definitions
5. Note in text
6. (Repealed)
7. Meaning of police officer starting a proceeding
8. Meaning of serious offence
9. Meaning of court that made order
9B. (Repealed)
9C. (Repealed)
9D. (Repealed)
9E. (Repealed)

PART 1C - (Repealed)

PART 2 - SPECIAL PROVISIONS ABOUT POLICING AND CHILDREN

Division 1 - Police officer must consider appropriate way to proceed

10. Division does not apply to 2 general ways of proceeding
10A. (Repealed)
10B. (Repealed)
10C. (Repealed)
11. Police officer to consider alternatives to proceeding against child
12. Preferred way for police officer to start proceedings
13. Police officer’s power of arrest preserved in particular general circumstances

Division 2 - Cautioning

14. Purpose of caution
15. Police officer may administer a caution
16. Conditions for administration of police caution
17. Caution administered by respected person of Aboriginal or Torres Strait Islander community
18. Caution procedure must involve explanation
18A. (Repealed)
18B. (Repealed)
18C. (Repealed)
18D. (Repealed)
18E. (Repealed)
18F. (Repealed)
18G. (Repealed)
18H. (Repealed)
18I. (Repealed)
18J. (Repealed)
18K. (Repealed)
18L. (Repealed)
18M. (Repealed)
18N. (Repealed)
18O. (Repealed)
18P. (Repealed)
19. Caution procedure may involve apology to victim
20. Child must be given a notice of caution
21. Childrens Court may dismiss charge if caution should have been administered or no action taken

Division 3 - Referral for restorative justice process

22. When police officer may refer offence for restorative justice process
23. If restorative justice agreement is made as a consequence of referral for restorative justice process
24. Powers of police officer if referral is unsuccessful or if child contravenes restorative justice agreement
24A. Childrens Court may dismiss charge if offence should have been referred to restorative justice process

Division 4 - Identifying particulars

25. Application by police officer for permission to take child’s identifying particulars
26. Support person must be present when identifying particulars are taken
27. Destruction of identifying particulars taken under court order
28. Division does not limit other provisions

Division 5 - Statements

29. Support person must be present for statement to be admissible

PART 3 - RESTORATIVE JUSTICE PROCESSES

Division 1 - Preliminary

30. Object of part
31. The restorative justice process
32. Returning referrals

Division 2 - Conferences

33. Object of division
34. Who may participate in conference
35. Convening conference
36. Conference agreement
37. Amendment of conference agreement by chief executive

Division 3 - Alternative diversion programs

38. Alternative diversion program

Division 4 - General

39. Convenors
40. (Repealed)
41. Notice of successful completion of restorative justice agreement

PART 4 - PROCEEDINGS GENERALLY STARTED BY COMPLAINT AND SUMMONS

42. Preferred way of starting proceedings
43. Service of complaint and summons if offender a child
44. Proof of service of complaint and summons in compliance with this Act
45. No costs against child for lodgement of complaint and summons
46. Proceeding in relation to simple offence in absence of child

PART 5 - BAIL AND CUSTODY OF CHILDREN

47. Bail Act 1980 applies
48. Releasing children in custody in connection with a charge of an offence
48AAA. Releasing children in custody—risk assessment
48AA. Matters to be considered in making particular decisions about release and bail
48AB. Promotion of terrorism and references to terrorist acts
48AC. Representatives of community justice groups must advise of particular matters
48AD. (Repealed)
48AE. Releasing children whose safety is endangered because of offence
48AF. Releasing children charged with prescribed indictable offence committed while on release
48A. Releasing children found guilty of terrorism offences or subject to Commonwealth control orders
48B. Reasons for decisions to keep or remand children in custody
49. When arrested children must be brought before Childrens Court
50. Dealing with children not brought before Childrens Court in accordance with s 49
51. Release of child without bail
52. Conditions of release on bail—generally
52A. Other conditions of release on bail
52AA. Court may impose monitoring device condition
52B. Reasons for decisions to impose particular conditions
53. Granting of bail by audio visual link or audio link
54. Custody of child pending court appearance
55. Court may in all cases release child without bail
56. Custody of child if not released by court
56A. Temporary transfer of child on remand
57. Warrant for arrest of child who fails to appear after release without bail
58. Custody of child arrested on court warrant
59. Childrens Court judge may grant bail
59A. Police officers must consider alternatives to arrest for contraventions of bail conditions
59AA. Police officers may consider alternatives to arrest for contraventions of bail conditions—bail granted for serious indictable offence etc.

PART 5A - CHILDREN WHO ARE PRISONERS OF A COURT OR DETAINED IN COURT CELLS

59B. Definitions for part
59C. Child in custody of proper officer of a court
59D. Powers of proper officer of a court
59E. Proper officer of a court may ask for help to perform functions
59F. Officers providing help to proper officer of a court
59G. Delegation of powers of proper officer of a court
59H. Detention of children in court cells
59I. Regulation about exercise of powers

PART 6 - JURISDICTION AND PROCEEDINGS

Division 1 - General

60. Court jurisdiction generally unaffected
61. Application of Mental Health Act 2016
62. Childrens Court judge
63. District Court jurisdiction in aid
64. Childrens Court magistrate
65. Magistrates Court jurisdiction in aid
66. Application of usual laws where necessary
67. Limitation on justices
68. Infringement notices
69. Presence of parent required generally
69E. (Repealed)
70. Court may order parent to attend
71. Consequence of parent’s absence
72. Explanation of proceeding
73. Ordinary practice applies to explanations if child is represented
74. Chief executive’s right of audience generally
75. Adjournment power generally
76. One year limitation inapplicable if indictable offence dealt with summarily
77. Court to refrain from inappropriate summary hearing of indictable offence
78. Procedural elections under this Act in relation to an indictable offence replace other elections
79. Court to check child’s legal representation
80. Use of adduced evidence after change of procedure

Division 2 - Decision on how to proceed at start of proceedings for an indictable offence before a Childrens Court magistrate

Subdivision 1 - Procedure for serious offences

81. Committal proceeding if the offence is a serious offence

Subdivision 2 - Procedure for indictable offences other than serious offences if child is legally represented

82. Application of sdiv 2
83. Explanation and election at start
84. Procedure on summary hearing

Subdivision 3 - Procedure for indictable offences other than serious offences if child is not legally represented

85. Application of sdiv 3
86. Start as committal proceeding and explanation

Subdivision 4 - (Repealed)

Division 3 - Election for summary hearing for indictable offences other than serious offences after the prosecution evidence has been adduced

87. Application of div 3
88. Explanation of election at end of prosecution case
89. Procedure on summary hearing

Division 4 - Procedure if a child enters a plea of guilty at a committal proceeding

90. Application of div 4
91. If the offence is a supreme court offence
92. If the offence is a serious offence other than a supreme court offence
93. If the offence is an indictable offence other than a serious offence

Division 5 - Procedure after all evidence has been adduced in a committal proceeding

94. Application of div 5
95. If the offence is a supreme court offence
96. If the offence is not a supreme court offence

Division 6 - Election procedure if child committed for trial before a Childrens Court judge

97. Application of div 6
98. Election for trial with or without jury
98A. (Repealed)

Division 7 - Jurisdiction of Childrens Court judge

Subdivision 1 - Jurisdiction generally

99. Childrens Court judge to have criminal jurisdiction over child charged with indictable offence
100. Sentencing for summary offence
101. General laws relating to indictable offence apply

Subdivision 2 - Whether a jury is required

102. When a jury is not required
103. Committal charge—change to jury requirement
104. Charge other than committal charge—election by legally represented child for trial with or without jury
105. When a trial by jury is necessary

Subdivision 3 - Change of guilty plea

106. Child may change plea of guilty

Division 8 - Provision for joint trials

Subdivision 1 - Magistrate’s power

107. Joint committal proceeding in relation to adult and child are allowed
108. Committal or committal proceeding for joint trial with another person

Subdivision 2 - Removal of committed proceeding to another jurisdiction for joint trial

109. Definitions for sdiv 2
110. Removal to another jurisdiction for joint trial with another person
111. Formal removal to another jurisdiction for joint trial involving another charge
112. Concurrent jurisdiction available
113. Removal ends possibility of trial without jury

Division 9 - Appeal and review

Subdivision 1 - General

114. Appeal rights generally
114A. (Repealed)
115. Community based orders stayed during appeal

Subdivision 2 - Court of Appeal

116. Appeals to Court of Appeal

Subdivision 3 - Appeals to Childrens Court judge

117. Appeals under Justices Act 1886, pt 9, div 1

Subdivision 4 - Reviews of sentences by Childrens Court judge

117A. Definition for subdivision
118. Sentence review
119. Application for review
120. Preliminary procedure
121. Stay of proceeding and suspension of orders
122. Conduct of review
123. Review decision
124. Interrelation with other types of appeal
125. Incidents of review
126. Orders at end of reviews

Division 10 - Mistake in exercise of jurisdiction

127. Meaning of proceeding
128. Court may reopen proceedings
129. Removal of a proceeding because of lack of jurisdiction
130. Lack of jurisdiction discovered in course of a proceeding
131. Lack of jurisdiction discovered after proceeding ends

Division 11 - Child offenders who become adults

Subdivision 1 - Preliminary

132. Definitions for pt 6, div 11
133. Reference to offence includes alleged offence

Subdivision 2 - General

134. Offender treated as child

Subdivision 3 - Where offender is to be detained

135. Where offender is detained for adult offence
136. Offender remanded in custody for child offence
137. Offender remanded in custody for adult offence and child offence
138. Dealing with offender held in corrective services facility
139. Application to be held in detention centre

Subdivision 4 - Circumstances affecting whether offender is treated as adult or child

140. When offender must be treated as an adult
141. When offender may be treated as an adult
142. Continuing effect on offender of orders made when child
143. When order made as child may be dealt with as adult order
144. Sentencing offender as adult
145. Chief executive (corrective services) to be notified if offender sentenced as adult
146. Extension of Act for detainee offender

Division 12 - Admissibility of particular evidence

147. Use of evidence of cautions and restorative justice agreements in deciding issue of criminal responsibility
148. Evidence of childhood finding of guilt not admissible against adult
148A. Admissibility of evidence obtained while participating in particular programs

PART 7 - SENTENCING

Division 1 - Sentencing generally

149. Jurisdiction to sentence child exclusive
150. Sentencing principles
150A. Serious repeat offenders
150B. Court must rely on earlier serious repeat offender declaration
151. Pre-sentence report
151A. Permitted use and disclosure of information for pre-sentence report
152. Pre-sentence report evidence
153. Disclosure of pre-sentence report
153A. Permitted use and disclosure of information in a pre-sentence report
153B. Court may require copies of report to be given to department
154. Finding of guilt as child may be disclosed while a child
155. Mandatory sentence provisions inapplicable
156. Preference to be given to compensation and restitution
157. Outstanding charge may be taken into account on sentence
158. Children entitled to explanation of sentence
159. Audio visual link or audio link may be used to sentence
160. Copy of court order or decision to be given to child, parent etc.

Division 2 - Restorative justice process referrals before sentencing

161. Definitions for division
162. When court must consider making court diversion referral or presentence referral
163. Power of court to make restorative justice process referral
164. Court diversion referrals
165. Presentence referrals
166. (Repealed)

Division 3 - Court referred drug assessment and education sessions before sentencing

Subdivision 1 - Interpretation

167. Definitions for div 3
168. Meaning of eligible child
169. Meaning of eligible drug offence
170. Meaning of disqualifying offence
171. Meaning of approved provider

Subdivision 2 - Reference and consequences

172. Reference to drug assessment and education session by court
173. If child attends drug assessment and education session
174. If child fails to attend drug assessment and education session

Division 4 - Orders on children found guilty of offences

175. Sentence orders—general
176. Sentence orders—life and other significant offences
176A. Sentence orders—graffiti offences
176B. (Repealed)
177. More than 1 type of order may be made for a single offence
178. Combination of probation and community service orders
178A. Combination of graffiti removal order and probation and community service orders
178B. (Repealed)
178C. Combination of restorative justice orders and other sentence orders
179. Combination of intensive supervision order and probation or detention order prohibited
180. Combination of detention order and probation order
180A. Combination of detention order and graffiti removal order
180B. (Repealed)
181. Other orders
182. Orders may be combined in 1 form
183. Recording of conviction
184. Considerations whether or not to record conviction
185. Judge may delegate sentencing power to magistrate
186. Reference of case to Childrens Court judge for sentence
187. Reference to complying with, or contravening, an order

Division 5 - Good behaviour orders

188. Good behaviour order
189. Breach of conditions

Division 6 - Fines

190. Child’s capacity to pay fine to be considered
191. Requirements of fine order
192. Proper officer’s application on breach

Division 6A - Restorative justice orders

192A. Preconditions to making restorative justice order
192B. Requirements to be set out in restorative justice order
192C. Making restorative justice order and community service order or graffiti removal order
192D. Ending of restorative justice order

Division 7 - Probation orders

193. Probation orders—requirements
194. Child must be willing to comply

Division 7A - Graffiti removal orders

194A. Preconditions to making of graffiti removal order
194B. Requirements to be set out in graffiti removal order
194C. Obligation of chief executive
194D. Graffiti removal service to be performed within limited period
194E. Multiple offences dealt with together
194F. Limitation on number of hours of graffiti removal service for multiple graffiti offences
194G. Limitation on number of hours of unpaid service
194H. Limitation on number of hours of graffiti removal service when there is unperformed graffiti removal service
194I. Limitation on number of hours of graffiti removal service when there is unperformed unpaid service
194J. Unpaid service to be performed cumulatively
194K. Cumulative effect of child and adult orders
194L. Ending of graffiti removal order

Division 8 - Community service orders

195. Preconditions to making of community service order
196. Requirements to be set out in community service order
197. Obligation of chief executive
198. Community service to be performed within limited period
199. Multiple or successive community service orders
200. Limitation on number of hours of community service
201. Cumulative effect of child and adult community service orders
202. Ending of community service order

Division 9 - Intensive supervision order

203. Preconditions to making of intensive supervision order
204. Intensive supervision order—requirements
205. Program period
206. Suspension of intensive supervision program

Division 9A - (Repealed)

Division 10 - Detention order

Subdivision 1 - Initial order

207. Pre-sentence report must be obtained before detention order sentence
208. Detention must be only appropriate sentence
209. Court’s reasons for detention order to be stated and recorded
210. Detention to be served in detention centre
210A. Temporary transfer of child sentenced to period of detention
211. Commencement of detention period
212. Detention orders ordinarily concurrent
213. Court may order detention period to be cumulative
214. Limitation on cumulative orders
215. Period of escape, mistaken release or release pending appeal or review not counted as detention
216. Application for variation of detention order in interests of justice
217. Multiple orders of detention and imprisonment against person as adult and child
218. Period of custody on remand to be treated as detention on sentence

Subdivision 2 - Conditional release order

219. Purpose of conditional release order
220. Conditional release order
221. Conditional release order—requirements
222. Child must be willing to comply
223. Pre-sentence report must include particular comments
224. Effect of program period ending
225. Program period
226. Suspension of program

Subdivision 2A - (Repealed)

Subdivision 2B - (Repealed)

Subdivision 3 - Release after fixed period of detention

226A. When a child has promoted terrorism
227. Release of child after service of period of detention
228. Chief executive’s supervised release order
228A. Supervised release orders for children with links to terrorism
229. Child may be released from detention while absent from place of detention
230. Release period counts as part of detention period
231. (Repealed)

Subdivision 4 - Release for life sentences

232. Application of sdiv 4
233. Application of parole provisions

Subdivision 5 - Publication orders

234. Court may allow publication of identifying information about a child

Division 11 - Restitution and compensation

235. Restitution, compensation

Division 12 - Contravention of community based orders and related matters

236. Reference to child
237. Chief executive must warn child about contravention
238. Chief executive’s application on contravention
239. Cancellation of warrant
240. General options available on breach of order
241. General options available to superior court to which child committed for breach
242. General options available to court before which child found guilty of an indictable offence
243. Court may resentence child originally sentenced by lower court
244. General options available to court to which child committed for breach by indictable offence
245. Court’s power on breach of a community based order other than a conditional release order
246. Court’s power on breach of conditional release order—order made for offence other than prescribed indictable offence
246A. Court’s power on breach of conditional release order—order made for prescribed indictable offence
246AA. (Repealed)
246A. (Repealed)
247. Variation, discharge and resentence in the interests of justice
248. Detention reduced to the extent just
249. Matters relevant to making further order
250. Affidavits may be used in certain proceedings
251. Notice of discharge etc. of community based order
252. Variations by consent

Division 12A - Contravention of supervised release orders and related matters

252A. Definitions for div 12A
252B. Chief executive must warn child of contravention
252C. Chief executive’s application on contravention
252D. General options available to a Childrens Court magistrate on chief executive’s application
252E. General options available to a court if child found guilty of indictable offence
252F. General options available to a court before which a child is ordered to appear
252G. Matters relevant to making further order
252H. Committal to custody pending appearance before another court
252I. Issue of warrant for child in particular circumstances
252J. Effect of expiry of supervised release order before application dealt with

Division 13 - Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland)

253. Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland) generally
254. Disqualification

Division 14 - Order for identifying particulars to be taken

255. Court may order sentenced child’s identifying particulars to be taken

Division 15 - Application of Acts applying to victims

256. Victims of Crime Assistance Act 2009 etc.

Division 16 - Orders against parent

257. Interpretation
258. Notice to parent of child offender
259. Show cause hearing
260. Recovery of unpaid compensations amount

PART 8 - DETENTION ADMINISTRATION

Division 1 - Administration

261. Application of Corrective Services Act 2006
262. Establishment of detention centres and other places
262A. Human Rights Act 2019, s 58 does not apply to particular acts and decisions
263. Management of detention centres
263A. Recordings in detention centres and use of body-worn cameras
263B. Requirements for chief executive in relation to recordings and use of body-worn cameras
264. Authorisations for Mental Health Act 2016
264A. (Expired)

Division 2 - Children in detention centres

265. Where children to be detained
266. Authority for admission to detention centre
267. Child must be given information on entry to detention centre
268. Obligation to report harm to children in detention centres
269. Leave of absence
270. (Repealed)
271. Chief executive may authorise treatment
272. Ordinary visitor
273. Commissioner of police service to provide criminal history
274. Use of criminal history information
275. Helping child gain access to lawyer
276. Protection of lawyer representing child

Division 2A - Transfer of detainees to corrective services facilities

Subdivision 1 - Preliminary

276A. Definitions for division
276B. Particular detainees liable to be transferred to corrective services facility

Subdivision 2 - Decision about giving prison transfer notice

276C. Decision by chief executive about giving prison transfer notice
276D. Notice of decision to delay giving, or not to give, prison transfer notice
276DA. (Repealed)
276DB. (Repealed)

Subdivision 3 - Giving of prison transfer notice

276E. Application of subdivision
276F. Giving prison transfer notice
276G. Chief executive to facilitate consultation with lawyer
276H. Copy of prison transfer notice to be given to chief executive (corrective services)
276I. When detainee may be transferred

Subdivision 4 - Review by chief executive

276J. Application to chief executive for review
276K. Chief executive to decide application
276L. Action to be taken by chief executive after deciding application
276M. When detainee may be transferred
276N. Chief executive’s power to give new prison transfer notice—significant change in circumstances

Subdivision 5 - Temporary delay of transfer—application to sentencing court

276O. Persons to whom subdivision applies
276P. Application to sentencing court for temporary delay of transfer
276Q. Court to decide application
276R. When detainee may be transferred if application granted

Subdivision 6 - Review by Childrens Court of chief executive’s decision

276S. Application of subdivision
276T. Application for review by Childrens Court
276U. Childrens Court to hear and decide application
276V. Notice of decision to be given to chief executive (corrective services)
276W. Chief executive’s power to transfer detainee
276X. When chief executive may give new prison transfer notice—significant change in circumstances

Subdivision 7 - Other provisions

276Y. Persons over 18 years and 6 months should not be detained at a detention centre
276Z. Application of Corrective Services Act 2006

Division 3 - Complaints

277. Complaints generally

Division 4 - Offences

278. Escape
279. Offences relating to detention centres
279A. Unlawful use of drones around detention centres
279B. Photographing detainees and parts of a detention centre

Division 5 - Child of detainee

280. Child of detainee may be accommodated in detention centre
281. Registration of birth of child of detainee

Division 6 - Trust fund

282. Detainees trust fund to be kept

Division 7 - Releasing information to eligible persons

282A. Eligible persons register
282B. Non-release declaration
282BA. (Repealed)
282C. Application by child
282D. Deciding application
282E. Removing details from eligible persons register etc.
282F. Releasing information
282G. Confidentiality of detainee information

PART 8A - THE MACP SYSTEM

282H. Definitions for part
282I. Establishment of system
282J. Purpose
282K. Members
282L. Referral of children to MACP system
282M. Responsibilities of core members

PART 9 - PROVISIONS ABOUT DISCLOSURE OF INFORMATION

Division 1 - Preliminary

283. Confidential information to which this part applies
284. Definitions for pt 9
285. When does someone gain information through involvement in the administration of this Act
286. Meaning of disclose for pt 9

Division 2 - Preservation of confidentiality generally

287. Application
288. Preservation of confidentiality
289. Recording, use or disclosure for authorised purpose
289AA. Disclosure to the commissioner of the police service
289A. Disclosure to another member of the community justice group in a child’s community
290. Disclosure to the child or with the child’s consent
291. (Repealed)
292. Disclosure to ensure someone’s safety
293. Disclosure by chief executive to approved carers and others
294. Disclosure to law enforcement entity in another jurisdiction
295. Disclosure by police of information about cautions and restorative justice process referrals and restorative justice agreements
296. Disclosure by chief executive or convenor of information about restorative justice processes
297. Disclosure by chief executive of information for research purposes
297A. Making information available for Child Protection Act 1999

Division 2A - Information sharing and services coordination for children charged with offences

297B. Purpose
297C. Principle for sharing information
297D. Definitions for division
297E. References to a child charged with an offence
297F. Establishment of arrangements
297G. Disclosing, recording or using information for particular purposes
297H. Interaction with other laws

Division 3 - Confidentiality in relation to proceedings

298. Disclosure of information to court or tribunal
299. Production of department’s records
299A. (Repealed)

Division 4 - Other matters relating to confidential information

300. Identity of officer making a report under s 268
301. Prohibition of publication of identifying information about a child
301A. Protection from liability

PART 9A - PROVISIONS FOR DECLARED EMERGENCIES AND DISASTERS

Division 1 - Preliminary

301B. Definitions for part

Division 2 - Restorative justice processes

301C. Conference agreement reached at conference held during emergency period

Division 3 - Staffing detention centre during emergency period

301D. Appointment of temporary detention centre employees during emergency period
301E. Functions and powers of temporary detention centre employees

Division 4 - Detention centres adversely affected by disasters

Subdivision 1 - Declaring disaster-affected detention centre and place to be temporary detention centre

301F. When is detention centre adversely affected by disaster
301G. Temporary detention centre declaration
301H. Place selected to be temporary detention centre
301I. Notice of declaration
301J. Duration of declaration
301K. Extension or further extension of declaration
301L. Revoking declaration—detention centre no longer adversely affected
301M. Revoking declaration—more suitable place to be temporary detention centre

Subdivision 2 - Declaration by regulation

301N. Regulation may declare disaster-affected detention centre and place to be temporary detention centre
301O. Minister must recommend making of regulation declaring another place as temporary detention centre
301P. Minister must recommend making of regulation to end declaration

Subdivision 3 - General

301Q. Effect of declaration
301R. Review of suitability of place to be temporary detention centre
301S. Particular entities to be notified about declaration

PART 10 - GENERAL

302. Programs and services for children
302A. Chief executive may seek contact information for victims of offences
303. Chief executive must collect and keep information
304. Police may help in keeping child in custody
305. Parent entitled to know of whereabouts of child in custody
305A. Ongoing obligation to report harm to children in former boot camp centres
305B. Complaint about boot camp programs
306. Approved forms
307. Evidence
308. Proceeding for offence
309. Extension of time for payment of amounts
310. Enforcement of child payments
311. Enforcement of sentence by calendar
312. Delegation
313. Delegation of powers by proper officer
313A. Review of particular matters
314. Regulations

PART 11 - TRANSITIONAL AND VALIDATION PROVISIONS

Division 1 - Transitional provision for Juvenile Justice Legislation Amendment Act 1996

315. Application of Act to matters before Juvenile Justice Legislation Amendment Act 1996

Division 2 - Transitional provisions for Juvenile Justice Legislation Amendment Act 1998

316. Transfer of staff
317. Disciplinary proceedings
318. Transfer of amounts held on trust for detainees
319. Termination of contracts

Division 3 - Transitional provisions for the Juvenile Justice Amendment Act 2002

Subdivision 1 - Interpretation

320. Definitions for pt 11, div 3

Subdivision 2 - References

321. References to community conference
322. Immediate release orders and fixed release orders
323. References to attendance notices

Subdivision 3 - Investigation provisions

324. Statements
325. Identifying particulars

Subdivision 4 - Cautions and community conferences

326. Cautioning
327. Community conferencing

Subdivision 5 - Start of proceedings

328. Start of proceedings by a police officer

Subdivision 6 - Bail and custody of children

329. Police decision about bail or a related matter

Subdivision 7 - Jurisdiction and proceedings

330. Generally in relation to new pt 6
331. Transitional provision for current pt 4, divs 2–5
332. Transitional provision for appeals under Justices Act 1886, pt 9, div 1
333. Child offender who becomes an adult

Subdivision 8 - Sentencing

334. Sentencing generally
335. Current community based orders made by District Court
336. Contravention of a current probation order
337. Cumulative effect of child and adult community service orders
338. Contravention of a community service order
339. Contravention of a conditional release order
340. Contravention of community based orders generally

Subdivision 9 - (Repealed)

Division 4 - Transitional provision for Summary Offences Act 2005

341. Vagrants, Gaming and Other Offences Act 1931

Division 5 - Transitional provision for Criminal Code and Other Acts Amendment Act 2008

342. Reference to particular offence

Division 6 - Transitional provisions for Juvenile Justice and Other Acts Amendment Act 2009

343. Definitions for pt 11, div 6
344. Reference to Juvenile Justice Act 1992 and related references
345. Particular notices to include warning about arrest
346. If an agreement is made on a referral by a court to a conference before sentence
347. Application of Criminal Code, s 305
348. Cancellation of supervised release order
349. Court may order transfer to prison
350. (Repealed)

Division 7 - Transitional provision for Criminal History Screening Legislation Amendment Act 2010

351. Effect of s 252I on particular warrants

Division 8 - Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010

352. Particular amended provisions apply only to prosecutions commenced after commencement

Division 9 - Transitional provision for Criminal Law Amendment Act 2012

353. Application of Criminal Code, s 305

Division 10 - Transitional provisions for Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012

354. Definitions for div 10
355. Application of provisions about destruction of identifying particulars taken under court order
356. Application of provisions about referral by court for a conference
357. Application of provisions about boot camp order

Division 11 - Transitional provisions for Youth Justice and Other Legislation Amendment Act 2014

358. Definitions for div 11
358A. Uncommenced applications for review of sentence orders
359. Evidence of childhood finding of guilt
360. Detention orders and sentencing principles
361. Publication of identifying information
362. Court’s power on particular proceedings
363. Application of amendments about transfer direction for a child who will turn 17 years
364. Application of amendments about transfer direction for a person who is 17 years
365. Applications not granted before commencement
366. Orders made before commencement
367. Application of provisions about boot camp (vehicle offences) order

Division 12 - Transitional provision for Criminal Law (Domestic Violence) Amendment Act 2016

368. Sentencing submissions

Division 12A - Transitional provision for Health and Other Legislation Amendment Act 2016

368A. Particular definitions are taken to include reference to Criminal Code, s 208

Division 13 - Transitional provisions for Youth Justice and Other Legislation Amendment Act (No. 1) 2016

Subdivision 1 - Preliminary

369. Definitions for div 13

Subdivision 2 - Continuation of boot camp (vehicle offences) orders and boot camp orders

370. Boot camp (vehicle offences) order existing immediately before commencement
371. Boot camp order existing immediately before commencement

Subdivision 3 - Continued boot camp (vehicle offences) orders and boot camp order—contravention, revocation, discharge and resentence proceedings

372. Purpose of sdiv 3
373. Application of pt 7, div 13
374. Application of s 237
375. Application of s 238
376. Court’s power on breach of boot camp (vehicle offences) order
377. Court’s power on breach of boot camp order
378. Continued boot camp (vehicle offences) order—variation, discharge and resentence
379. Continued boot camp order—revocation and resentence

Subdivision 4 - No boot camp (vehicle offences) orders or boot camp orders after commencement

380. Court may not make boot camp (vehicle offences) order or boot camp order after commencement

Subdivision 5 - Other transitional provisions

381. Offence committed while on bail
382. Childhood finding of guilt
383. Sentence review
384. Sentencing principles
385. Publication of identifying information about child

Division 14 - Transitional provision for the Youth Justice and Other Legislation Amendment Act (No. 2) 2016

386. Application of Act to matters before commencement

Division 15 - Transitional provisions for Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016

387. Offences by 17-year-olds before commencement if offence proceedings not started
388. (Expired)
389. (Expired)
390. (Expired)
391. (Expired)

Division 16 - Transitional provision for Victims of Crime Assistance and Other Legislation Amendment Act 2017

392. Eligible persons register

Division 17 - Transitional provisions for Justice Legislation (Links to Terrorist Activity) Amendment Act 2019

393. Definition for division
394. Application of particular provisions to decisions about release made on or after commencement
395. Application of particular provisions to sentencing children after commencement

Division 18 - Transitional provisions for Youth Justice and Other Legislation Amendment Act 2019

Subdivision 1 - Preliminary

396. Definition for division

Subdivision 2 - Provision for amendments commencing on assent

397. Application of s 150

Subdivision 3 - Provisions for amendments commencing by proclamation

398. Decisions about release made on or after commencement
399. Dealing with children arrested before commencement
400. Application of s 59A
401. Existing bail conditions about tracking devices

Division 19 - Savings and transitional provisions for Youth Justice and Other Legislation Amendment Act 2021

402. Definition for division
403. Application of amended bail provisions
404. (Repealed)
405. Effectiveness of monitoring device condition after geographical area stops being prescribed or section 52AA expires
406. Application of amended sentencing principles and youth justice principles

Division 20 - Transitional provision for Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Act 2023

407. Existing declared emergencies

Division 21 - Transitional provisions for Strengthening Community Safety Act 2023

408. Application of s 48AF
409. Application of ss 150A and 150B
410. Application of s 246A and former s 246
411. Application of pt 8, div 2A, sdiv 1
412. Continued application of former pt 8, div 2A, sdiv 1
413. Application of pt 8, div 2A, sdiv 3

Division 22 - Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

414. Definition for division
415. Validation of holding of child remanded in custody before commencement
416. Validation of holding of child sentenced to detention before commencement
417. Application of s 56 to child remanded in custody before commencement
418. Application of s 210 to child sentenced to detention before commencement

Division 23 - Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024

419. Application of ss 48AA and 52A to release of a child
420. Sentencing principles

Division 24 - Transitional provisions for Queensland Community Safety Act 2024

421. Definitions for division
422. Application of amended bail provisions
423. Application of s 56A to child remanded in custody before commencement
424. Application of s 210A to child sentenced to detention before commencement
425. Application of amended pt 8, div 2A
426. Continued application of former pt 8, div 2A—existing directions and notices
427. Continued application of former pt 8, div 2A—existing court orders
428. Continued application of former pt 8, div 2A—existing court applications
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
Schedule 5 (Repealed)

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