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Children and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
3 Principal Act 3
Part 2--Criminal justice changes 4
Division 1--Recruiting children to engage in criminal activity 4
4 New Division 11A of Part I inserted 4
Division 2--When certain proceedings may be heard in higher
courts 5
5 New section 356A inserted 5
Division 3--Consistent magistrate to oversee proceedings 6
6 New section 522A inserted 6
Division 4--Aggregate sentences 7
7 New section 362B inserted 7
8 New section 32A inserted 9
Part 3--Youth control orders 12
9 Definitions 12
10 Court may only consider certain matters and other reports 12
11 Sentences 12
12 Matters to be taken into account 12
13 New Division 8A of Part 5.3 inserted 13
14 Group conferences 32
15 New section 480A inserted 32
16 Standard of services 33
17 Proceedings in which a child is required to be legally
represented 34
18 Explanation of and reasons for orders 34
19 Reports to which Part applies 34
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Clause Page
Part 4--Serious youth offences 35
Division 1--Amendments of the Sentencing Act 1991 35
20 Definitions 35
21 Youth justice centre or youth residential centre order 36
Division 2--Amendments of the Children, Youth and Families
Act 2005 37
22 Definitions 37
23 Procedure for indictable offences that may be heard and
determined summarily 38
24 Matters to be taken into account 40
Division 3--Amendments of the Criminal Procedure Act 2009 40
25 Definitions 40
26 Court may transfer certain charges to Magistrates' Court or
Children's Court 41
27 New section 168A inserted 42
Division 4--Mandatory parole conditions 43
28 Release of person from remand centre etc. 43
29 New section 458A inserted 44
Part 5--Custodial management powers 47
30 New section 487A inserted 47
31 New section 488AA inserted 47
Part 6--Amendments relating to youth justice placement decisions 48
Division 1--Amendments relating to transfer and co-location 48
32 Form of care, custody or treatment 48
33 Removal of person from remand centre etc. 48
Division 2--Amendments relating to remand 49
34 When is a person in the legal custody of the Secretary? 49
35 Power to adjourn proceeding 49
36 Power to return accused to youth justice centre 50
37 New section 3C of the Bail Act 1977 inserted 51
38 Power to return accused to youth justice centre 51
Part 7--Information sharing 53
39 New Division 4 of Part 5.5 inserted 53
40 Restriction on publication of proceedings 54
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Clause Page
Part 8--Responding to offences in remand centres, youth
residential centres and youth justice centres 56
Division 1--Consequences of assaults on staff 56
41 Definitions 56
42 Matters to be taken into account 57
43 Youth residential centre orders 57
44 Youth justice centre orders 58
45 Definitions 60
46 Custodial sentence for certain offences against emergency
workers and custodial officers on duty 61
47 Special reasons relevant to imposing minimum non-parole
periods 62
48 Assaults 62
49 Assaulting, etc. emergency workers, custodial officers or local
authority staff on duty 63
50 Sentences--whether concurrent or cumulative 64
51 Sentence to be concurrent unless otherwise directed 64
Division 2--Increase in penalties 65
52 Youth justice centre orders 65
53 Offence to escape or attempt to escape etc. 65
54 Offence to harbour or conceal person 65
55 Offence to counsel or induce person to escape 65
56 Offences in relation to persons held in centres 66
57 Offence to obstruct Secretary or employee 66
58 Youth justice centre or youth residential centre order 66
Part 9--Youth diversion and other amendments 67
59 New Division 3A inserted in Part 5.2 67
60 Offences in relation to community service etc. 73
61 Offences in relation to persons held in centres 74
62 Circumstances in which Koori Court (Criminal Division) may
deal with breach of a sentence imposed by it or another Division
of the Children's Court 74
63 Circumstances in which Koori Court (Criminal Division) may
deal with certain offences 74
Part 10--Transitional provisions 75
64 Transitional provisions 75
Part 11--Amendments relating to review of Act 80
65 New Part 5.9 inserted 80
Part 12--Repeal of amending Act 83
66 Repeal of amending Act 83
═════════════
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Clause Page
Endnotes 84
1 General information 84
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Children and Justice Legislation
Amendment (Youth Justice Reform)
Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Crimes Act 1958 to create an
offence of recruiting a child to engage in
criminal activity; and
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Children and Justice Legislation Amendment (Youth Justice Reform)
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No. of 2017
Part 1--Preliminary
(b) to amend the Children, Youth and Families
Act 2005 in relation to--
(i) hearing proceedings in higher courts;
and
(ii) providing for the same magistrate to
hear proceedings; and
(iii) aggregate sentences; and
(iv) a new sentencing order to be known as
a youth control order; and
(v) the removal to and from, and detention
of, persons at remand centres, youth
residential centres and youth justice
centres; and
(vi) the management of detainees and other
persons; and
(vii) information sharing in relation to
certain persons; and
(viii) increase penalties for certain offences;
and
(ix) the provision of diversion in the
Criminal Division and the Koori Court
(Criminal Division) of the Children's
Court; and
(c) to amend the Sentencing Act 1991, the
Children, Youth and Families Act 2005
and the Criminal Procedure Act 2009 in
relation to serious youth offences; and
(d) to amend the Corrections Act 1986, the
Bail Act 1977 and the Criminal Procedure
Act 2009 in relation to remand; and
(e) to amend the Children, Youth and Families
Act 2005, the Crimes Act 1958 and the
Summary Offences Act 1966 in relation to
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Part 1--Preliminary
offences committed in remand centres, youth
residential centres and youth justice centres.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 June 2018, it comes into
operation on that day.
3 Principal Act
In this Act, the Children, Youth and Families
Act 2005 is called the Principal Act.
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Part 2--Criminal justice changes
Part 2--Criminal justice changes
Division 1--Recruiting children to
engage in criminal activity
4 New Division 11A of Part I inserted
After Division 11 of Part I of the Crimes
Act 1958 insert--
"Division 11A--Recruiting a child to
engage in criminal activity
321LA Definitions
In this Division--
child means a person aged under 18 years;
criminal activity means conduct that
constitutes an offence punishable on
first conviction with imprisonment for
life or for a term of 5 years or more;
recruit means incite, direct or induce.
321LB Recruiting a child to engage in criminal
activity
(1) An adult aged 21 years or more must not
recruit another person to engage in criminal
activity, knowing that the other person is a
child.
Penalty: Level 5 imprisonment (10 years
maximum).
(2) For an adult to be guilty of an offence under
subsection (1), the adult must know that it is
likely the child will engage in the criminal
activity that is the subject of the recruiting.
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(3) For the purposes of subsection (1), the
ages of the adult and the child are to be
ascertained at the time of the recruitment.
321LC Child need not engage in conduct or be
prosecuted or found guilty of an offence
A person may be found guilty of the offence
referred to in section 321LB(1) whether or
not the child referred to in that section--
(a) engages in criminal activity; or
(b) is prosecuted for, or is found guilty of,
any offence.
321LD Limitation on prosecution
A person is not liable to be convicted in
respect of the same conduct of both--
(a) an offence under section 321LB(1); and
(b) an offence under section 321G(1).".
Division 2--When certain proceedings
may be heard in higher courts
5 New section 356A inserted
After section 356 of the Principal Act insert--
"356A Exceptional circumstances
(1) For the purposes of section 356(3)(b),
exceptional circumstances exist, in relation
to a charge referred to in section 356(3) in
respect of a child, if the Court considers that
the sentencing options available to it under
this Act are inadequate to respond to the
child's offending.
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(2) In determining whether the sentencing
options available to the Court under this
Act are inadequate to respond to the child's
offending, the Court must have regard to--
(a) the seriousness of the conduct alleged,
including the impact on any victims of
the conduct and the role of the accused
in the conduct; and
(b) the nature of the offence concerned;
and
(c) the age and maturity of the child, and
any disability or mental illness of the
child, at the time of the offence and the
time of sentencing; and
(d) the seriousness, nature and number of
any prior offences committed by the
child; and
(e) whether the alleged offence was
committed while the child was in youth
detention, on parole or in breach of an
order made under this Act; and
(f) any other matter the Court considers
relevant.".
Division 3--Consistent magistrate to
oversee proceedings
6 New section 522A inserted
After section 522 of the Principal Act insert--
"522A Consistent magistrate to oversee criminal
proceedings
(1) If--
(a) criminal proceedings are brought in the
Court against a child; and
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(b) the child has previously been brought
before the Criminal Division of the
Court constituted by a particular
magistrate--
the Court is to be constituted by that
magistrate, unless--
(c) that magistrate does not still hold office
as a magistrate; or
(d) it is otherwise impracticable for that
magistrate to constitute the Court; or
(e) the child consents to another magistrate
constituting the Court.
(2) If a child is before the Criminal Division
of the Court in relation to more than one
proceeding, the Court must, as far as
practicable, ensure that the Court is
constituted by the same magistrate for
all the proceedings.
(3) This section does not apply to contested
proceedings.".
Division 4--Aggregate sentences
7 New section 362B inserted
After section 362A of the Principal Act insert--
"362B Aggregate sentence of detention
(1) This section applies if a child is convicted by
the Court of 2 or more offences which--
(a) are founded on the same facts; or
(b) form, or are part of, a series of offences
of the same or a similar character.
(2) The Court may impose an aggregate
sentence of detention in respect of those
offences in place of a separate sentence of
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detention in respect of all or any 2 or more
of them.
(3) The term of the aggregate sentence of
detention must not exceed the total effective
period of detention that could have been
imposed in respect of the offences in
accordance with this Act if the Court had
imposed a separate sentence of detention in
respect of each of them.
(4) If the Court proposes to impose an aggregate
sentence of detention it must, before doing
so, announce in open court, in language
likely to be readily understood by the child--
(a) the decision to impose an aggregate
sentence and the reasons for doing so;
and
(b) the effect of the proposed aggregate
sentence.
(5) If the Court imposes an aggregate sentence
of detention in respect of 2 or more offences,
the Court--
(a) is not required to identify separate
events giving rise to specific charges;
and
(b) is not required to announce--
(i) the sentences that would have
been imposed for each offence,
had separate sentences been
imposed; or
(ii) whether those sentences would
have been imposed concurrently
or cumulatively.
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(6) To avoid doubt, an aggregate sentence of
detention may be imposed in respect of
convictions for offences that are the subject
of a rolled-up charge or a representative
charge.
Note
A representative charge is a charge in an indictment
for an offence that is representative of a number of
offences of the same type alleged to have been
committed by the accused. A rolled-up charge is a
charge in an indictment that alleges that the accused
has committed more than one offence of the same
type between specified dates.
(7) Nothing in this section affects the
requirements of--
(a) section 362A (sentence discount for
guilty plea); or
(b) section 411 (youth residential centre
orders); or
(c) section 413 (youth justice centre
orders).".
8 New section 32A inserted
After section 32 of the Sentencing Act 1991
insert--
"32A Aggregate sentence of detention
(1) This section applies if a young offender is
convicted by a court of 2 or more offences
which--
(a) are founded on the same facts; or
(b) form, or are part of, a series of offences
of the same or a similar character.
(2) The court may impose an aggregate sentence
of detention in respect of those offences in
place of a separate sentence of detention in
respect of all or any 2 or more of them.
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(3) The term of the aggregate sentence of
detention must not exceed the total effective
period of detention that could have been
imposed in respect of the offences in
accordance with this Act if the court had
imposed a separate sentence of detention in
respect of each of them.
(4) If the court proposes to impose an aggregate
sentence of detention it must, before doing
so, announce in open court, in language
likely to be readily understood by the young
offender--
(a) the decision to impose an aggregate
sentence and the reasons for doing so;
and
(b) the effect of the proposed aggregate
sentence.
(5) If the court imposes an aggregate sentence
of detention in respect of 2 or more offences,
the court--
(a) is not required to identify separate
events giving rise to specific charges;
and
(b) is not required to announce--
(i) the sentences that would have
been imposed for each offence,
had separate sentences been
imposed; or
(ii) whether those sentences would
have been imposed concurrently
or cumulatively.
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(6) To avoid doubt, an aggregate sentence of
detention may be imposed in respect of
convictions for offences that are the subject
of a rolled-up charge or a representative
charge.
Note
A representative charge is a charge in an indictment
for an offence that is representative of a number of
offences of the same type alleged to have been
committed by the accused. A rolled-up charge is a
charge in an indictment that alleges that the accused
has committed more than one offence of the same
type between specified dates.
(7) Nothing in this section affects the
requirements of section 6AAA
(sentence discount for guilty plea).".
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Part 3--Youth control orders
Part 3--Youth control orders
9 Definitions
In section 3(1) of the Principal Act insert the
following definitions--
"youth control order means an order made under
section 409B;
youth control order plan means a plan referred to
in section 409C(d);
youth control order planning meeting means a
meeting ordered under section 409D;
youth control order planning meeting
report means a report prepared under
section 409V;".
10 Court may only consider certain matters and other
reports
After section 358(b) of the Principal Act insert--
"(ba) a youth control order planning meeting
report;".
11 Sentences
After section 360(1)(h) of the Principal Act
insert--
"(ha) convict the child and make a youth control
order under section 409B; or".
12 Matters to be taken into account
(1) After section 362(4) of the Principal Act insert--
"(4A) If sentencing of a child is deferred for the
purpose of the child's participation in a youth
control order planning meeting and the child
has failed to participate in the meeting, the
Court must not impose a sentence more
severe than it would have imposed had
sentencing not been so deferred.".
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(2) After section 362(6) of the Principal Act insert--
"(7) A reference in subsection (3) or (4) to
a group conference does not include a
reference to a group conference ordered
under section 409F(2)(g).".
13 New Division 8A of Part 5.3 inserted
After Division 8 of Part 5.3 of Chapter 5 of the
Principal Act insert--
"Division 8A--Youth control orders
Subdivision 1--Youth control orders
409A Objects of a youth control order
The objects of a youth control order in
respect of a child are--
(a) to provide a judicially supervised,
intensive supervision regime for the
child; and
(b) to penalise the child by imposing
restrictions on his or her liberty; and
(c) to provide intensive, targeted
supervision to the child, to help him
or her to develop an ability to abide
by the law; and
(d) to engage the child in education,
training or work (whether paid or
unpaid); and
(e) to give the child an opportunity to
demonstrate a desire to cease offending.
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409B Court may make youth control order
(1) The Court may make a youth control order in
respect of a child if--
(a) the Court convicts the child of one or
more offences whether indictable or
summary; and
(b) the Court considers that the child
would otherwise be sentenced to
detention in a youth justice centre or
a youth residential centre as a result
of the gravity or habitual nature of
the child's unlawful behaviour.
(2) The term of a youth control order must
not exceed 12 months and must not extend
beyond the child's twenty-first birthday.
(3) The power to make a youth control order
is subject to the restrictions set out in
section 409C.
409C Restrictions on power to make a youth
control order
The Court does not have power to make
a youth control order in respect of a child
under section 409B(1) unless--
(a) the offence or one of the offences
committed by the child is punishable
by imprisonment; and
(b) the Court has made enquiries of the
Secretary and is satisfied that the child
is a suitable person to be placed on a
youth control order; and
(c) the child has consented to the youth
control order being made; and
(d) a youth control order plan has been
developed for the child.
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409D Court order for youth control order
planning meeting
(1) The Court must order that a youth control
order planning meeting be held for a child
if the Court is considering making a youth
control order in respect of the child.
(2) The Court may order that a youth control
order planning meeting be held for a child
if--
(a) a youth control order is in force in
respect of the child; and
(b) the Court considers that such a meeting
is necessary.
Note
The requirements for youth control order planning
meetings are set out in Subdivision 2 of this Division.
(3) Before ordering that a youth control order
planning meeting be held for a child, the
Court must make inquiries of the child, the
Secretary and any other person the Court
considers appropriate about the people who
should attend the meeting, having regard
to--
(a) the objects of a youth control
order (see section 409A); and
(b) the purpose of the meeting
(see section 409S).
(4) Nothing in this section affects the obligation
of the Court to direct that a pre-sentence
report be prepared in respect of the child
under section 571.
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409E Matters to which Court is to have regard
in determining whether to make a youth
control order
In determining whether to make a youth
control order in respect of a child, the
Court must have regard to the following--
(a) the child's behaviour on any bail
supervision program in which he
or she has participated;
(b) the child's behaviour on remand, if
applicable;
(c) the extent to which the child has
acknowledged responsibility for
his or her offending;
(d) the availability of education, training
or work opportunities (whether paid or
unpaid) for the child;
(e) the child's willingness to engage
in education, training or work
(whether paid or unpaid);
(f) the report of the youth control order
planning meeting held for the child
(see Subdivision 2);
(g) any other matter the Court considers
relevant.
409F Court to impose certain requirements
(1) A youth control order in respect of a child is
subject to the following requirements--
(a) that the child not commit another
offence, whether within or outside
Victoria, during the period that the
order is in force;
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(b) that the child report to the Secretary
within 2 working days after the order
is made;
(c) that the child report to the Secretary,
as required by the Secretary, during
the period that the order is in force;
(d) that the child comply with any lawful
and reasonable directions given by the
Secretary;
(e) that the child attend the Court
as directed by the Court under
section 409L;
(f) that the child participate in education,
training or work (whether paid or
unpaid), for some or all of the period
that the order is in force;
(g) that the child notify the Secretary of
any change in the child's residence,
school or employment within
2 working days after the change;
(h) that the child not leave Victoria without
the permission of the Secretary.
(2) When making a youth control order, the
Court may, having regard to the child's
youth control order plan and personal
circumstances, impose on the child any
of the following requirements--
(a) that the child participate in one or more
community service activities;
(b) that the child undergo treatment for
drug or alcohol dependence;
(c) that the child attend a counselling or
treatment service of any kind;
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(d) that the child reside at a specified
address;
(e) that the child not leave his or her place
of residence between specified hours on
specified days;
(f) that the child not contact specified
persons;
(g) that the child attend and participate in a
group conference;
(h) that the child participate in cultural
programs or attend culturally specific
community support services;
(i) that the child not use specified social
media if this is required for the
protection of the community;
(j) that the child not visit particular places
or areas, or only visit the places or
areas at specified times;
(k) if a pre-sentence report includes a
statement from the Secretary that the
child has an intellectual disability
within the meaning of the Disability
Act 2006, that the child participate in
disability services available under that
Act as directed by the Secretary;
(l) any other requirement that the Court
considers appropriate, having regard
to the circumstances of the child.
(3) The Court must attach requirements to a
youth control order in accordance with--
(a) the principle of proportionality; and
(b) the objects of a youth control order, as
set out in section 409A.
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(4) If a requirement of a youth control order
is that the child attend and participate in
a group conference, the group conference is
to be held in accordance with section 415(2)
to (11).
409G Non-accountable parental undertaking
If the Court makes a youth control order
in respect of a child, the Court may make
an order that the child's parent give an
undertaking, with or without conditions, to
support the child to comply with the youth
control order for a period not exceeding the
period of the youth control order.
409H Breach of undertaking
If an undertaking under section 409G is
breached, the Court must not take any action.
409I Concurrent orders
(1) If a child is convicted on the same day, or
in the same proceeding, of more than one
offence--
(a) the aggregate period of any youth
control orders made in respect of the
offences must not exceed 12 months or
extend beyond the child's twenty-first
birthday; and
(b) if the Court--
(i) makes a youth control order in
relation to an offence; and
(ii) directs that the child be detained
in a youth justice centre in respect
of another offence--
the aggregate term of detention and
youth control orders in respect of all of
the offences must not exceed 4 years.
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(2) Subject to subsection (3), a youth control
order in respect of a child must be served,
from the date the order commences,
concurrently with any uncompleted youth
control order in respect of that child.
(3) If the Court makes a youth control order in
respect of a child who has not completed
another youth control order, it may, at the
time of making the order, direct that the
order be served--
(a) in part concurrently with the other
order; or
(b) wholly cumulatively on the other order.
(4) If the Court--
(a) makes a youth control order in respect
of a child in relation to one or more
offences; and
(b) directs that the child be detained in a
youth residential centre in respect of
one or more other offences--
the aggregate term of detention and youth
control orders must not exceed 2 years.
409J Copy of order to be given
(1) A youth control order must be in the
prescribed form.
(2) The Court, when it makes a youth control
order in respect of a child, must cause a copy
of the order to be given or sent by post to--
(a) the child and, if the child is aged under
15 years, the child's parent; and
(b) the Secretary.
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409K Remission of monitoring etc. to the Court
If a court other than the Court makes a youth
control order, the court that made the order
must remit to the Court the matters in respect
of the order in--
(a) section 409L (reporting and
monitoring); and
(b) section 409N (variation); and
(c) subject to section 423, section 409Q
(revocation).
409L Reporting and monitoring
(1) A child in respect of whom a youth control
order is in force must attend the Court from
time to time as directed by the Court, for the
Court to consider--
(a) the child's compliance with the order;
and
(b) the ongoing suitability of the
requirements of the order.
(2) The Court must direct that the child attend
the Court at least monthly for the first half
of the order.
(3) The Secretary must provide a report to the
Court about the child's compliance before
each attendance by the child before the
Court.
(4) A report under subsection (3) must be
filed with the appropriate registrar at least
3 working days before the attendance, or
otherwise as directed by the Court.
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(5) The author of a report under subsection (3)
must provide a copy of the report, at least
3 working days before the attendance to--
(a) the child who is the subject of the
report and, if the child is aged under
15 years, the child's parent; and
(b) the legal practitioner representing the
child; and
(c) any other person the Court has ordered
is to receive a copy of the report.
(6) When the child attends the Court, the Court
must consider whether the order should be
varied under section 409N.
(7) The Court is to be constituted by the
magistrate who sentenced the child, unless--
(a) that magistrate does not still hold office
as a magistrate; or
(b) the matters in this section were remitted
to the Court under section 409K; or
(c) it is otherwise impracticable for that
magistrate to constitute the Court.
409M Suspension of youth control order
(1) This section applies if--
(a) at the time the Court makes a youth
control order in respect of a child, the
child is in custody in a remand centre,
youth residential centre, youth justice
centre or prison; or
(b) after the making of a youth control
order in respect of a child, the child is
taken into custody in a remand centre,
youth residential centre, youth justice
centre or prison.
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(2) The Secretary may, by notice served on the
child and, if the child is aged under 15 years,
the child's parent, suspend the child's service
of the order throughout the period of
custody.
(3) The Secretary must, after consultation with
the appropriate parole board, superintendent
of a youth residential centre or youth justice
centre--
(a) determine a time at which, and a date
on which, a person must commence or
recommence service of the order; and
(b) serve a notice on the child specifying
the time at and date on which the child
is first required to report to the
Secretary.
Note
Sections 593 to 596 deal with service of documents.
(4) The Secretary may, with the consent of the
appropriate parole board, direct that the term
of operation of a youth control order be
served concurrently with a period of parole,
but that service must not be a condition of
the parole.
409N Variation of youth control order
(1) The Court may vary a youth control order
in respect of a child from time to time if the
Court considers it appropriate to do so, based
on its assessment of the child's compliance
having regard to reports and discussions at
attendances at the Court under section 409L.
(2) The Court may vary an order under
subsection (1) on its own initiative,
or on the application of--
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(a) the child or, if the child is aged under
15 years, the child's parent; or
(b) the Secretary.
(3) An application under subsection (2) may be
made--
(a) orally, when the child attends Court
under section 409L; or
(b) by filing an application with the Court
and serving a copy of the application--
(i) if the application is made by the
child or the child's parent--on the
Secretary; or
(ii) if the application is made by the
Secretary--on the child and, if the
child is aged under 15 years, the
child's parent.
Note
Sections 593 to 596 deal with service of documents.
(4) Variations of a youth control order may--
(a) make the order more restrictive, if
the Court considers that the child's
compliance is unsatisfactory and the
Court considers that making the order
more restrictive would assist the
child's compliance with the order; or
(b) make the order less restrictive if--
(i) the Court considers that the child's
compliance is satisfactory; or
(ii) the Court considers that the child's
compliance is unsatisfactory
but that making the order less
restrictive would assist the child's
compliance with the order.
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(5) When varying a youth control order, the
Court must have regard to the matters set
out in section 409F(2) and (3).
409O Warning of possible variation of a youth
control order
The Court may give a warning to a child
when the child attends the Court under
section 409L, stating that the Court may
at a later time vary a youth control order
in respect of the child, if--
(a) the Court considers that the child is
failing to comply with the requirements
of the order; and
(b) the Court considers it appropriate to
give such a warning.
409P Neither consent nor warning required
To avoid doubt, a youth control order in
respect of a child may be varied or
revoked--
(a) without the consent of the child; and
(b) without a warning being given to the
child under section 409O.
409Q Revocation of youth control order
(1) The Court must revoke a youth control
order in respect of a child if an application
for revocation has been made and--
(a) the Court is satisfied that the child
has breached the order, by failing
to comply with the order to such an
extent that he or she is no longer
suitable for the order; or
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(b) the child commits an offence
punishable on first conviction with
imprisonment for life or for a term of
5 years or more during the period that
the youth control order is in force.
(2) The youth control order may be revoked on
the application of--
(a) the child or, if the child is aged under
15 years, the child's parent; or
(b) if it appears to the Secretary that the
child has breached the order for any
reason--the Secretary; or
(c) if the child has been convicted of an
offence punishable on first conviction
with imprisonment for life or for a
term of 5 years or more during the
period that the youth control order is
in force--a police officer.
(3) If the breach is constituted by--
(a) an act that is the subject of a charge
before a court, the application for
revocation must be made not later
than 3 months after a finding of guilt
in respect of the charge; or
(b) any other act, the application for
revocation must be made not later than
14 working days after the alleged
breach.
(4) An application under subsection (2) may be
made by filing an application with the Court
and serving a copy of the application--
(a) if the application is made by the child
or the child's parent--on the Secretary;
or
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(b) if the application is made by the
Secretary--on the child and, if the
child is aged under 15 years, the
child's parent; or
(c) if the application is made by a police
officer--on the Secretary and the child
and, if the child is aged under 15 years,
the child's parent.
Note
Sections 593 to 596 deal with service of documents.
(5) The Court is to be constituted by the
magistrate who made the youth control
order, unless--
(a) that magistrate does not still hold office
as a magistrate; or
(b) the matters in this section were remitted
to the Court under section 409K; or
(c) it is otherwise impracticable for that
magistrate to constitute the Court.
(6) Before the Court considers an application to
revoke an order under this section, notice of
the hearing concerning the revocation must
be served by the Court on--
(a) the child and, if the child is aged under
15 years, the child's parent; and
(b) the applicant for revocation--
and the Court may order that a warrant
to arrest be issued against the child if he
or she does not attend for the hearing.
Notes
1 For requirements relating to breach of sentence see
section 423.
2 Sections 593 to 596 deal with service of documents.
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409R Consequences of revocation of youth
control order
(1) If the Court revokes a youth control order
in respect of a child, the Court must impose
a sentence of detention on the child, unless
the Court considers that detention is not
appropriate because exceptional
circumstances exist.
(2) The sentence of detention must not be for a
period longer than the remaining period of
the youth control order.
(3) In sentencing the child, the Court must have
regard to--
(a) the period for which the youth control
order has been in force; and
(b) the extent of the child's compliance
with the order.
Subdivision 2--Youth control order
planning meetings
409S Purpose of youth control order planning
meeting
The purpose of a youth control order
planning meeting for a child is--
(a) to develop, through discussion, a youth
control order plan for the child; or
(b) to review or vary a youth control order
plan that is in force for a child.
409T Requirements for youth control order
planning meetings
(1) A youth control order planning meeting
for a child must be chaired by a convenor
appointed by a service approved under
section 480A.
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(2) The convenor of the meeting is to fix the
date on which, and the time and place at
which, the meeting is to be held.
(3) The meeting must be attended by the
following--
(a) the child;
(b) the child's legal practitioner;
(c) a youth justice officer, other than an
honorary youth justice officer;
(d) the convenor;
(e) any other person directed by the Court
to attend.
(4) The meeting may be attended by one or more
of the following, as directed by the Court--
(a) members of the child's family;
(b) persons of significance to the child;
(c) persons of significance within the
child's community;
(d) police officers;
(e) representatives of the Department of
Education and Training;
(f) social workers;
(g) representatives of drug and alcohol
services, mental health services,
counselling services or other services;
(h) child protection workers;
(i) any other person permitted to attend by
the convenor;
(j) any other person.
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409U Youth control order plan
(1) A youth control order plan for a child is a
plan designed to--
(a) assist the child to take responsibility for
his or her actions; and
(b) reduce the likelihood of the child
re-offending; and
(c) provide the child with opportunities to
receive instruction, guidance, assistance
and experiences that will assist the
child to develop the ability to abide by
the law and complete the requirements
of the youth control order; and
(d) provide the Court with information
about which requirements of the youth
control order would best meet the
objects of the order (as set out in
section 409A).
(2) A youth control order plan must be agreed to
by the child.
409V Requirements for report of meeting
The convenor of a youth control order
planning meeting must--
(a) prepare a report of the meeting for the
Court; and
(b) include in the report the youth control
order plan agreed to by the child.
409W Youth control order planning meeting
report to be filed with registrar
A youth control order planning meeting
report must be filed with the appropriate
registrar at least 3 working days before
the return date for proceedings in relation
to the youth control order.
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409X Access to youth control order planning
meeting report
The author of a youth control order planning
meeting report must, at least 3 working
days before the return date referred to in
section 409W, send a copy of the report to--
(a) the child who is the subject of the
report and, if the child is aged under
15 years, the child's parent; and
(b) the legal practitioner representing the
child; and
(c) any other person the Court has ordered
is to receive a copy of the report.
409Y Confidentiality of meeting
(1) Subject to section 409V and Division 1 of
Part 7.8, the proceedings of a youth control
order planning meeting are confidential
except with the leave of the Court or consent
of all the people who attended the meeting.
(2) Nothing in subsection (1) prevents any of the
following--
(a) the convenor making a record of the
proceedings at the youth control order
planning meeting;
(b) discussions taking place between any
person who attended the meeting;
(c) discussions taking place between the
legal representatives of persons who
attended the meeting.
409Z Report by appellate court
(1) If an appellate court finds a person guilty of
an offence and adjourns the proceedings for
the purpose of a youth control order planning
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meeting, it must order a youth control order
planning meeting report.
(2) The report must be prepared by the convenor
of the youth control order planning meeting.
(3) Sections 430N and 430O apply to youth
control order planning meeting reports
under this section in the same way as they
apply to group conference reports.
Subdivision 3--Secretary
409ZA References to the Secretary
In this Division--
Secretary means the Secretary to the
Department of Justice and Regulation.".
14 Group conferences
In section 415(1) of the Principal Act--
(a) in paragraph (e), for "412." substitute
"412; or";
(b) after paragraph (e), insert--
"(f) convicting the child and making
a youth control order under
section 409B.".
15 New section 480A inserted
After section 480 of the Principal Act insert--
"480A Approval of service as a youth control
order planning meeting program
(1) The Secretary to the Department of Justice
and Regulation may--
(a) approve a service operated by any
person or body of persons (other
than the Department of Justice and
Regulation or the Department of
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Health and Human Services) as a
youth control order planning meeting
program; or
(b) authorise a service operated by a
person or class of persons employed
by the Department of Justice and
Regulation or the Department of
Health and Human Services (other
than a person working in an area of
either Department that is responsible
for youth justice or child protection)--
as a youth control order planning meeting
program.
(2) An approval under subsection (1)--
(a) may be of general or limited
application; and
(b) is given by sending by post to the
person or body of persons concerned
a notice of approval; and
(c) may, if at any time the Secretary is
satisfied that a youth control order
planning meeting program is unable
to provide services of an adequate
standard, be withdrawn by sending by
post to the person or body of persons
concerned a notice of withdrawal of
approval.".
16 Standard of services
In section 481 of the Principal Act for "or 480"
substitute ", 480 or 480A".
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17 Proceedings in which a child is required to be legally
represented
(1) After section 525(2)(d) of the Principal Act
insert--
"(da) proceedings in respect of varying a youth
control order to make the order more
restrictive or revoking a youth control
order;".
(2) In section 525(2)(e) of the Principal Act,
for "or youth attendance order" substitute
", youth attendance order or youth control
order".
18 Explanation of and reasons for orders
In section 527(4) of the Principal Act--
(a) in paragraph (m), for "sentence." substitute
"sentence;";
(b) after paragraph (m) insert--
"(n) an order varying a youth control
order.".
19 Reports to which Part applies
In section 547 of the Principal Act--
(a) in paragraph (h), for "reports." substitute
"reports;";
(b) after paragraph (h) insert--
"(i) youth control order planning
meeting reports;
(j) reports under section 409L(3)
(child's compliance with youth
control order).".
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Part 4--Serious youth offences
Part 4--Serious youth offences
Division 1--Amendments of the
Sentencing Act 1991
20 Definitions
In section 3(1) of the Sentencing Act 1991 insert
the following definitions--
"Category A serious youth offence means any of
the following offences--
(a) murder;
(b) attempted murder;
(c) manslaughter;
(d) child homicide;
(e) an offence against any of the following
sections of the Crimes Act 1958--
(i) section 15A (intentionally causing
serious injury in circumstances of
gross violence);
(ii) section 77B (aggravated home
invasion);
(iii) section 79A (aggravated
carjacking);
(iv) section 197A (arson causing
death);
(v) section 318 (culpable driving
causing death);
(f) an offence against a provision of
Division 101 of the Criminal Code
of the Commonwealth;
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Category B serious youth offence means
an offence against any of the following
sections of the Crimes Act 1958--
(a) section 15B (recklessly causing
serious injury in circumstances of
gross violence);
(b) section 38 (rape);
(c) section 39 (rape by compelling
sexual penetration);
(d) section 77A (home invasion);
(e) section 79 (carjacking);".
21 Youth justice centre or youth residential centre
order
(1) In section 32(1) of the Sentencing Act 1991, for
"and (2B)" substitute "(2B), (2C) and (2D)".
(2) After section 32(2B) of the Sentencing Act 1991
insert--
"(2C) If a young offender is to be sentenced for a
category A serious youth offence, a court
must not make a youth justice centre order
or a youth residential centre order in respect
of the young offender unless the court is
satisfied that exceptional circumstances
exist.
(2D) If--
(a) a young offender is to be sentenced for
a category B serious youth offence; and
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(b) the young offender has previously been
convicted of another offence that is a
category A serious youth offence or a
category B serious youth offence--
a court must not make a youth justice centre
order or a youth residential centre order in
respect of the young offender unless the
court is satisfied that exceptional
circumstances exist.".
Division 2--Amendments of the Children,
Youth and Families Act 2005
22 Definitions
In section 3(1) of the Principal Act insert the
following definitions--
"Category A serious youth offence means any of
the following offences--
(a) murder;
(b) attempted murder;
(c) manslaughter;
(d) child homicide;
(e) an offence against any of the following
sections of the Crimes Act 1958--
(i) section 15A (intentionally causing
serious injury in circumstances of
gross violence);
(ii) section 77B (aggravated home
invasion);
(iii) section 79A (aggravated
carjacking);
(iv) section 197A (arson causing
death);
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(v) section 318 (culpable driving
causing death);
(f) an offence against a provision of
Division 101 of the Criminal Code of
the Commonwealth;
Category B serious youth offence means
an offence against any of the following
sections the Crimes Act 1958--
(a) section 15B (recklessly causing
serious injury in circumstances of
gross violence);
(b) section 38 (rape);
(c) section 39 (rape by compelling
sexual penetration);
(d) section 77A (home invasion);
(e) section 79 (carjacking).".
23 Procedure for indictable offences that may be heard
and determined summarily
(1) After section 356(3)(a) of the Principal Act
insert--
"(ab) subsection (6) applies; or".
(2) After section 356(5) of the Principal Act insert--
"(6) If a child is charged before the Court
with a Category A serious youth offence
committed when the child was aged 16 years
or over, other than murder, attempted
murder, manslaughter, child homicide, an
offence against section 197A of the Crimes
Act 1958 (arson causing death) or an offence
against section 318 of the Crimes Act 1958
(culpable driving causing death), the Court
must not hear and determine the charge
summarily unless--
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(a) the child or the prosecution requests
that the charge be heard and determined
summarily; and
(b) the Court is satisfied that the sentencing
options available to it under this Act are
adequate to respond to the child's
offending; and
(c) any of the following applies--
(i) it is in the interests of the victim
or victims that the charge be heard
and determined summarily;
(ii) the accused is particularly
vulnerable because of cognitive
impairment or mental illness;
(iii) there is a substantial and
compelling reason why the charge
should be heard and determined
summarily.
(7) In determining whether there is a substantial
and compelling reason why the charge
should be heard and determined summarily,
the Court must have regard to the intention
of the Parliament that a charge for a
Category A serious youth offence should
not normally be heard and determined
summarily.
(8) If a child is charged before the Court with a
Category B serious youth offence committed
when the child was aged 16 years or over,
the Court must consider whether subsection
(3) has the effect that the offence should not
be heard and determined summarily.
(9) If a charge has been transferred to the
Children's Court under section 168 of the
Criminal Procedure Act 2009 because of
the operation of section 168A of that Act--
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(a) the child or the prosecution may apply
to the Court for the charge not to be
heard and determined summarily; and
(b) if such an application has been made,
the Court must not hear and determine
the charge summarily unless subsection
(6) or (8), as the case requires,
applies.".
24 Matters to be taken into account
For section 362(1)(g) of the Principal Act
substitute--
"(g) the need to protect the community, or any
person, from the violent or other wrongful
acts of the child--
(i) in all cases where the sentence is for a
Category A serious youth offence or a
Category B serious youth offence; or
(ii) in any other case--if it is appropriate to
do so.".
Division 3--Amendments of the
Criminal Procedure Act 2009
25 Definitions
In section 3 of the Criminal Procedure Act 2009
insert the following definitions--
"Category A serious youth offence means any of
the following offences--
(a) murder;
(b) attempted murder;
(c) manslaughter;
(d) child homicide;
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(e) an offence against any of the following
sections of the Crimes Act 1958--
(i) section 15A (intentionally causing
serious injury in circumstances of
gross violence);
(ii) section 77B (aggravated home
invasion);
(iii) section 79A (aggravated
carjacking);
(iv) section 197A (arson causing
death);
(v) section 318 (culpable driving
causing death);
(f) an offence against a provision of
Division 101 of the Criminal Code
of the Commonwealth;
Category B serious youth offence means
an offence against any of the following
sections the Crimes Act 1958--
(a) section 15B (recklessly causing
serious injury in circumstances of
gross violence);
(b) section 38 (rape);
(c) section 39 (rape by compelling
sexual penetration);
(d) section 77A (home invasion);
(e) section 79 (carjacking);".
26 Court may transfer certain charges to Magistrates'
Court or Children's Court
In section 168(2) of the Criminal Procedure
Act 2009 for "The" substitute "Subject to
section 168A, the".
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27 New section 168A inserted
After section 168 of the Criminal Procedure
Act 2009 insert--
"168A Category A and Category B serious youth
offences--transfer
(1) Despite section 168(2), the court may, under
section 168(1), transfer a charge in respect of
an accused who is a child to the Children's
Court if--
(a) the charge is for a Category A serious
youth offence committed when the
child was aged 16 years or over,
other than murder, attempted murder,
manslaughter, child homicide, an
offence against section 197A of the
Crimes Act 1958 (arson causing death)
or an offence against section 318 of the
Crimes Act 1958 (culpable driving
causing death); and
(b) the Children's Court has refused to hear
and determine the charge summarily;
and
(c) the child or the prosecution requests
that the charge be heard and determined
summarily; and
(d) the court is satisfied that the sentencing
options available to the Children's
Court under the Children, Youth and
Families Act 2005 are adequate to
respond to the child's offending; and
(e) any of the following applies--
(i) it is in the interests of the victim
or victims that the charge be heard
and determined summarily;
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(ii) the accused is particularly
vulnerable because of cognitive
impairment or mental illness;
(iii) there is a substantial and
compelling reason why the charge
should be heard and determined
summarily.
(2) In determining whether there is a substantial
and compelling reason why the charge
should be heard and determined summarily,
the court must have regard to the intention of
the Parliament that a charge for a Category A
serious youth offence should not normally be
heard and determined summarily.
(3) Despite section 168(2), the court may,
under section 168(1), transfer a charge to
the Children's Court if the charge is for a
Category B serious youth offence committed
when the child was aged 16 years or over,
after considering whether section 356(3)
of the Children, Youth and Families
Act 2005 has the effect that the offence
should not be heard and determined
summarily.".
Division 4--Mandatory parole conditions
28 Release of person from remand centre etc.
For section 458(4) of the Principal Act
substitute--
"(4) Subject to any determination of the Youth
Parole Board, a parole order is subject to--
(a) the prescribed terms and conditions;
and
(b) any conditions imposed under
section 458A.".
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29 New section 458A inserted
After section 458 of the Principal Act, insert--
"458A Certain conditions to be imposed in
relation to certain offences
(1) The Youth Parole Board must impose the
conditions referred to in subsection (3) on a
parole order in relation to a person if--
(a) the person was detained in a youth
justice centre or a youth residential
centre or was otherwise subject to the
jurisdiction of the Youth Parole Board;
and
(b) the person was detained in respect of--
(i) a Category A serious youth
offence committed when the
person was aged 16 years or
over; or
(ii) a Category B serious youth
offence committed when the
person was aged 16 years or over,
if the person had previously been
convicted of a Category A serious
youth offence or a Category B
serious youth offence.
(2) Despite subsection (1), the Youth Parole
Board is not required to impose the
conditions referred to in subsection (3) if
the Youth Parole Board considers that the
person has demonstrated a history of good
behaviour and positive engagement with
rehabilitation programs throughout the
period of detention for the offence referred
to in subsection (1)(b).
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(3) For the purposes of subsection (1), the
conditions that the Youth Parole Board
must impose are as follows--
(a) the person must not break any law;
(b) the person must be supervised by a
parole officer;
(c) the person must obey any lawful
instructions of that parole officer;
(d) the person must report as and when
reasonably directed by that parole
officer;
(e) the person may be interviewed by that
parole officer at any reasonable time
and place directed by that parole
officer;
(f) the person must, within 2 days of
changing his or her address, advise that
parole officer of the change of address;
(g) the person must not leave Victoria
without the written permission of the
Youth Parole Board;
(h) any other condition the Youth Parole
Board considers necessary for the
protection of any victim of an offence
referred to in subsection (1)(b);
(i) if the Youth Parole Board considers
it appropriate having regard to the
circumstances of any offence referred
to in subsection (1)(b), one or more of
the following--
(i) that the person not visit particular
places or areas, or only visit the
places or areas at specified times;
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(ii) that the person not contact
specified persons or classes of
person;
(iii) that the person undergo
rehabilitation and treatment
ordered by the Youth Parole
Board;
(iv) that the person attend a day
program specified by the Youth
Parole Board.".
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Part 5--Custodial management powers
Part 5--Custodial management powers
30 New section 487A inserted
After section 487 of the Principal Act insert--
"487A Exemption from liability
Without affecting the liability of the Crown
or any other body or person, an officer is not
personally liable for injury or damage caused
by the use of reasonable force in accordance
with section 487.".
31 New section 488AA inserted
After section 488 of the Principal Act insert--
"488AA Reporting on use of reasonable force and
isolation
(1) This section applies if an officer takes any
of the following actions at a remand centre,
youth justice centre or youth residential
facility in relation to a detainee--
(a) uses physical force;
(b) places the detainee in isolation in
accordance with section 488(7).
(2) As soon as possible after taking the action,
the officer must report the taking of the
action to the Officer in Charge of the
remand centre, youth residential centre or
youth justice centre in which the detainee is
detained or to or from which the detainee is
being transported.
(3) As soon as possible after receiving a report
under subsection (2), the Officer in Charge
must report the taking of the action by the
officer to the Secretary to the Department
of Justice and Regulation.".
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Part 6--Amendments relating to youth justice placement decisions
Part 6--Amendments relating to youth
justice placement decisions
Division 1--Amendments relating to transfer
and co-location
32 Form of care, custody or treatment
For section 482(1)(c)(ii) of the Principal Act
substitute--
"(ii) either--
(A) the persons on remand consent; or
(B) the persons on remand have
previously served a period of detention,
it is in the best interests of each person
on remand to be accommodated with
persons who are serving a period of
detention and it is reasonably necessary
to accommodate persons on remand
with persons who are serving a period
of detention; and".
33 Removal of person from remand centre etc.
After section 484(5) of the Principal Act insert--
"(6) When making a decision under this section
to cause the removal of a person under
subsection (1)(a), (b) or (c), the Secretary to
the Department of Justice and Regulation,
in the Secretary's complete discretion, may
have regard to the following--
(a) the availability and appropriateness of
accommodation for the combination of
all persons detained across all remand
centres, youth residential centres and
youth justice centres;
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(b) the safety, security and good order of
any remand centre, youth residential
centre or youth justice centre;
(c) the safety, security and needs of any
person detained at any remand centre,
youth residential centre or youth justice
centre;
(d) the safety of any person at any remand
centre, youth residential centre or youth
justice centre;
(e) any matter that the Secretary to the
Department of Justice and Regulation
considers relevant.
(7) For the avoidance of doubt, the Secretary to
the Department of Justice and Regulation is
not required to afford procedural fairness in
making any decision under this section.".
Division 2--Amendments relating to remand
34 When is a person in the legal custody of the
Secretary?
After section 6A(2) of the Corrections Act 1986
insert--
"(2A) Subsection (2) applies despite an order of
the Children's Court or any other court that
the person is to be remanded as a child.".
35 Power to adjourn proceeding
For the note at the foot of section 331(2) of the
Criminal Procedure Act 2009 substitute--
"Notes
1 See section 333 of this Act and section 5A of the Bail
Act 1977 where the accused is undergoing a sentence
of detention in a youth justice centre.
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2 If an order is made under paragraph (a) or (c) and the
accused is the subject of a youth remand warrant that
was issued in another criminal proceeding, the youth
remand warrant remains in effect.
3 If an accused is remanded into custody under
paragraph (b), section 6A(2A) of the Corrections
Act 1986 provides that the remand order under
paragraph (b) takes effect despite the existence of a
youth remand warrant.".
36 Power to return accused to youth justice centre
(1) In section 333(1) of the Criminal Procedure
Act 2009, after "court may," insert "subject to
subsection (3),".
(2) After section 333(2) of the Criminal
Procedure Act 2009 insert--
"(3) If the prosecution in a criminal proceeding
objects to the accused being returned to a
youth justice centre under subsection (1),
the court may only order that the accused is
to be returned to the youth justice centre if
the court has considered--
(a) the antecedents and behaviour of the
accused; and
(b) the age and maturity of the accused;
and
(c) any evidence of the behaviour of the
accused in custody; and
(d) whether an application has been made
to the Youth Parole Board regarding
the custody of the accused; and
(e) any other relevant factor.".
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37 New section 3C of the Bail Act 1977 inserted
After section 3B of the Bail Act 1977 insert--
"3C Determination in relation to a person of
or over the age of 18 years in a remand
centre
If--
(a) the accused in a criminal proceeding
in any court is of or over the age of
18 years and is in a remand centre
(within the meaning of the Children,
Youth and Families Act 2005),
pursuant to a remand warrant issued
when the accused was aged under 18;
and
(b) the criminal proceeding relates to one
or more offences alleged to have been
committed when the accused was of or
over the age of 18 years--
in making a determination under this Act in
relation to the accused, the court must take
into account (in addition to any other
requirements of this Act)--
(c) whether the accused has engaged in
conduct that threatens the good order
and safe operation of the youth remand
centre; and
(d) whether the accused can be properly
controlled in the youth remand centre.".
38 Power to return accused to youth justice centre
(1) In section 5A(1) of the Bail Act 1977, after
"Court may," insert "subject to subsection (3),".
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(2) After section 5A(2) of the Bail Act 1977 insert--
"(3) The Supreme Court or the County Court may
only order that the accused is to be returned
to a youth justice centre under subsection (1)
if the Supreme Court or the County Court
has considered--
(a) the antecedents and behaviour of the
accused; and
(b) the age and maturity of the accused;
and
(c) any evidence of the behaviour of the
accused in custody; and
(d) whether an application has been made
to the Youth Parole Board regarding
the custody of the accused; and
(e) any other relevant factor.".
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Part 7--Information sharing
Part 7--Information sharing
39 New Division 4 of Part 5.5 inserted
After Division 3 of Part 5.5 of the Principal Act
insert--
"Division 4--Information sharing
454 Information sharing by Secretary about
incidents
(1) The Secretary to the Department of
Justice and Regulation must notify the
Youth Parole Board in writing within
48 hours of becoming aware that a person
detained in a youth residential centre or a
youth justice centre--
(a) has been involved in an incident that
has threatened the safety or security of
the centre; or
(b) has engaged in conduct that has
threatened the safety of another person,
or damaged property, at the centre.
(2) After receiving a notice under subsection (1),
the Youth Parole Board may request further
additional information about the incident or
conduct and may specify a reasonable period
within which the additional information is to
be provided.
(3) If the Youth Parole Board requests further
additional information under subsection (2),
the Secretary must provide the additional
information within the specified period.
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(4) If the Secretary notifies the Youth Parole
Board of a person's involvement in an
incident or conduct under subsection (1)--
(a) the Secretary must notify the person
that he or she has done so; and
(b) the Youth Parole Board must give the
person an opportunity to comment on
that involvement or conduct.
455 Information sharing by Youth Parole
Board about release
(1) The Youth Parole Board must notify Victoria
Police of--
(a) the release on parole, or scheduled
release on parole, of a person detained
in a youth residential centre or a youth
justice centre, if the detention related to
at least one Category A serious youth
offence or Category B serious youth
offence; and
(b) any conditions of the parole.
(2) The Youth Parole Board may notify Victoria
Police of--
(a) the release on parole, or scheduled
release on parole of any other person
detained in a youth residential centre
or a youth justice centre; and
(b) any conditions of the parole.".
40 Restriction on publication of proceedings
(1) After section 534(3) of the Principal Act insert--
"(3A) The Secretary to the Department of Justice
and Regulation may grant permission for the
publication of any identifying particular of
any person who has escaped from a remand
centre, a youth residential centre or a youth
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justice centre if the Secretary is satisfied that
publication--
(a) is reasonably necessary for the safety
of the person who has escaped or any
other person; or
(b) will assist in apprehending the person
or protecting the community.
(3B) In making a decision under subsection (3A),
the Secretary must--
(a) have regard to the desirability of
minimising the stigma to the person
and the child's family; and
(b) grant permission for publication only to
the extent necessary to apprehend the
person.".
(2) In section 534(4) of the Principal Act, for
"and (3)" substitute ", (3), (3A) and (3B)".
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Part 8--Responding to offences in remand centres, youth residential centres
and youth justice centres
Part 8--Responding to offences in
remand centres, youth residential
centres and youth justice centres
Division 1--Consequences of assaults on staff
41 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
"offence involving an assault means an offence
against any of the following sections of the
Crimes Act 1958--
(a) section 15A (intentionally causing
serious injury in circumstances of
gross violence);
(b) section 15B (recklessly causing
serious injury in circumstances of
gross violence);
(c) section 16 (intentionally causing
serious injury);
(d) section 17 (recklessly causing serious
injury);
(e) section 18 (intentionally or recklessly
causing serious injury);
offence involving property damage means--
(a) an offence against section 197 of the
Crimes Act 1958 (criminal damage);
or
(b) an offence against section 9(1)(c) of
the Summary Offences Act 1966
(wilful damage);
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youth justice custodial worker means a person--
(a) who is employed or engaged by the
Secretary to the Department of Justice
and Regulation in a remand centre, a
youth residential centre or a youth
justice centre; and
(b) whose duties include duties in
relation to detainees in the custody of
the Secretary;".
(2) After section 3(4) of the Principal Act, insert--
"(5) For the purposes of the definition of youth
justice custodial worker in subsection (1),
a youth justice custodial worker is on duty
at any time when the youth justice custodial
worker is performing a function or
exercising a power as a youth justice
custodial worker.".
42 Matters to be taken into account
In section 362 of the Principal Act--
(a) in paragraph (g), for "child." substitute
"child; and";
(b) after paragraph (g) insert--
"(h) if appropriate, the need to deter the
child from committing offences in
remand centres, youth residential
centres or youth justice centres.".
43 Youth residential centre orders
(1) In section 411(2)(a) of the Principal Act for "any"
(where first occurring), substitute "subject to
subsection (2A), any".
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(2) After section 411(2) of the Principal Act insert--
"(2A) If one or more of the offences referred to in
subsection (2) is--
(a) an offence involving an assault on a
youth justice custodial worker on duty;
or
(b) an offence constituted by escape from a
remand centre, youth justice centre or a
youth residential centre; or
(c) an offence involving property damage
to a remand centre, a youth justice
centre or a youth residential centre--
any period of detention imposed on the
child for that offence or those offences must
be served cumulatively with any period of
detention in respect of any of the other
offences, unless the Court, at the time of
sentencing, states that the sentences are
concurrent and gives reasons for its
decision.".
(3) In section 411(5) of the Principal Act, for
"32 and", substitute "32, 32A and".
44 Youth justice centre orders
(1) In section 413(3)(a) of the Principal Act, for "any"
(where first occurring) substitute "subject to
subsection (3A), any".
(2) After section 413(3) of the Principal Act insert--
"(3A) If one or more of the offences referred to in
subsection (3) is--
(a) an offence involving an assault on a
youth justice custodial worker on duty;
or
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(b) an offence constituted by escape from a
remand centre or a youth justice centre;
or
(c) an offence involving property damage
to a remand centre or a youth
residential centre or a youth justice
centre--
any period of detention imposed on the
child for that offence or those offences must
be served cumulatively with any period of
detention in respect of any of the other
offences, unless the Court, at the time of
sentencing, states that the sentences are
concurrent and gives reasons for its
decision.".
(3) In section 413(4) of the Principal Act for "Every",
substitute "Subject to subsection (4A), every".
(4) After section 413(4) of the Principal Act insert--
"(4A) If one or more of the offences to which
a sentence of detention referred to in
subsection (4) is--
(a) an offence involving an assault on a
youth justice custodial worker on duty;
or
(b) an offence constituted by escape from a
remand centre or a youth justice centre;
or
(c) an offence involving property damage
to a remand centre or a youth justice
centre--
any period of detention imposed on the child
for that offence or those offences must be
served cumulatively with any uncompleted
sentence or sentences of detention in a youth
justice centre imposed on the child, unless
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the Court, at the time of sentencing, states
that the sentences are concurrent and gives
reasons for its decision.".
45 Definitions
In section 3(1) of the Sentencing Act 1991 insert
the following definitions--
"offence involving an assault means an offence
against any of the following sections of the
Crimes Act 1958--
(a) section 15A (intentionally causing
serious injury in circumstances of
gross violence);
(b) section 15B (recklessly causing
serious injury in circumstances of
gross violence);
(c) section 16 (intentionally causing
serious injury);
(d) section 17 (recklessly causing serious
injury);
(e) section 18 (intentionally or recklessly
causing injury);
offence involving property damage means--
(a) an offence against section 197 of the
Crimes Act 1958 (criminal damage);
or
(b) an offence against section 9(1)(c) of
the Summary Offences Act 1966
(wilful damage);".
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and youth justice centres
46 Custodial sentence for certain offences against
emergency workers and custodial officers on duty
(1) In section 10AA(1), (2), (4) and (5)(a) of the
Sentencing Act 1991 for "or a custodial officer
on duty" substitute ", a custodial officer on duty
or a youth justice custodial worker on duty".
(2) In section 10AA(5)(b) of the Sentencing
Act 1991, after "custodial officer" insert
"or a youth justice custodial worker".
(3) In section 10AA(8) of the Sentencing Act 1991--
(a) in the definition of hospital, for "1988."
substitute "1988;";
(b) insert the following definition--
"youth justice custodial worker means a
person--
(a) who is employed or engaged by
the Secretary to the Department
of Justice and Regulation in a
remand centre, a youth residential
centre or a youth justice centre;
and
(b) whose duties include duties in
relation to detainees in the custody
of the Secretary.".
(4) After section 10AA(10) of the Sentencing
Act 1991 insert--
"(11) For the purposes of this section, a youth
justice custodial worker is on duty at
any time when he or she is performing a
function or exercising a power as a youth
justice custodial worker.".
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(5) For the heading to section 10AA of the
Sentencing Act 1991 substitute--
"Assaulting, etc. emergency workers, custodial
officers and youth justice custodial workers on
duty".
47 Special reasons relevant to imposing minimum
non-parole periods
In section 10A(2A) of the Sentencing Act 1991,
for "or a custodial officer on duty " substitute
", a custodial officer on duty or a youth justice
custodial worker on duty".
48 Assaults
(1) In section 31(1)(b) of the Crimes Act 1958--
(a) after "duty" insert "or a youth justice
custodial worker on duty,";
(b) after "was an emergency worker" insert
"or a youth justice custodial worker".
(2) In section 31(1)(ba) of the Crimes Act 1958--
(a) after "duty" insert "or a youth justice
custodial worker on duty,";
(b) after "was assisting an emergency worker"
insert "or a youth justice custodial worker".
(3) In section 31(2A) of the Crimes Act 1958, in
the definition of emergency worker on duty
and emergency worker, for "emergency worker
on duty and emergency worker" substitute
"emergency worker on duty, emergency worker,
youth justice custodial worker on duty and youth
justice custodial worker".
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49 Assaulting, etc. emergency workers, custodial
officers or local authority staff on duty
(1) For the heading to section 51 of the Summary
Offences Act 1966 substitute--
"Assaulting, etc. emergency workers, custodial
officers, youth justice custodial workers or
local authority staff on duty".
(2) In section 51(1) of the Summary Offences
Act 1966--
(a) in the definition of emergency worker on
duty and emergency worker, for "1991."
substitute "1991;";
(b) insert the following definition--
"youth justice custodial worker on duty and
youth justice custodial worker have the
same meanings as in section 10AA of
the Sentencing Act 1991.".
(3) In section 51(2) of the Summary Offences
Act 1966, for "duty or a custodial officer on duty"
substitute "duty, a custodial officer on duty or a
youth justice custodial worker on duty".
(4) In section 51(4) of the Summary Offences
Act 1966, for "duty or a custodial officer on duty"
insert "duty, a custodial officer on duty or a youth
justice custodial worker on duty".
(5) For section 51(5) of the Summary Offences
Act 1966 substitute--
"(5) In addition to imposing a penalty under
this section, the court may order and award
a sum sufficient to cover any damage which
an emergency worker, a custodial officer, a
youth justice custodial worker or a member
of staff of a local authority or a person
lawfully assisting an emergency worker, a
custodial officer or a youth justice custodial
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worker has sustained by the assault,
resistance, obstruction, hindrance or delay.".
50 Sentences--whether concurrent or cumulative
In section 16(1A) of the Sentencing Act 1991--
(a) in paragraph (e), for "offence." substitute
"offence; or";
(b) after paragraph (e) insert--
"(f) on a young offender because of the
operation of section 33(1A).".
51 Sentence to be concurrent unless otherwise directed
(1) In section 33(1) of the Sentencing Act 1991, for
"Every" substitute "Subject to subsection (1A),
every".
(2) After section 33(1) of the Sentencing Act 1991
insert--
"(1A) If one or more of the offences referred to in
subsection (1) is--
(a) an offence of escape from a remand
centre, a youth residential centre or a
youth justice centre; or
(b) an offence involving property damage
to a remand centre, a youth residential
centre or a youth justice centre--
any period of detention imposed on the
young offender for that offence or those
offences must be served cumulatively with
any uncompleted sentence or sentences of
detention in a youth justice centre imposed
on the child, unless the Court, at the time of
sentencing, states that the sentences are
concurrent and gives reasons for its
decision.".
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Division 2--Increase in penalties
52 Youth justice centre orders
(1) In section 413(2) of the Principal Act, for
"2 years" substitute "3 years".
(2) In section 413(3)(b) of the Principal Act, for
"3 years" substitute "4 years".
53 Offence to escape or attempt to escape etc.
In the penalty at the foot of section 498(1) of the
Principal Act--
(a) in paragraph (a), for "3 months" substitute
"6 months";
(b) in paragraph (b), for "6 months" substitute
"12 months";
(c) in paragraph (c), for "6 months" substitute
"12 months".
54 Offence to harbour or conceal person
In the penalty at the foot of section 499 of
the Principal Act--
(a) for "15 penalty units" substitute
"120 penalty units";
(b) for "3 months" substitute "12 months".
55 Offence to counsel or induce person to escape
In the penalty at the foot of section 500 of
the Principal Act--
(a) for "15 penalty units" substitute
"120 penalty units";
(b) for "3 months" substitute "12 months".
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56 Offences in relation to persons held in centres
(1) In the penalty at the foot of section 501(1) of
the Principal Act--
(a) for "15 penalty units" substitute
"120 penalty units";
(b) for "3 months" substitute "12 months".
(2) In the penalty at the foot of section 501(2) of
the Principal Act--
(a) for "15 penalty units" substitute
"120 penalty units";
(b) for "3 months" substitute "12 months".
57 Offence to obstruct Secretary or employee
In the penalty at the foot of section 503 of
the Principal Act--
(a) for "15 penalty units" substitute
"120 penalty units";
(b) for "3 months" substitute "12 months".
58 Youth justice centre or youth residential centre
order
In section 32(3)(b) of the Sentencing Act 1991,
for "3 years" substitute "4 years".
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Part 9--Youth diversion and other amendments
Part 9--Youth diversion and
other amendments
59 New Division 3A inserted in Part 5.2
After Division 3 of Part 5.2 of the Principal Act
insert--
"Division 3A--Diversion
356B Application of Division
(1) This Division does not apply to--
(a) an offence punishable by a minimum
or fixed sentence or penalty, including
cancellation or suspension of a licence
or permit to drive a motor vehicle and
disqualification under the Road Safety
Act 1986 or the Sentencing Act 1991
from obtaining such a licence or permit
or from driving a motor vehicle on a
road in Victoria but not including the
incurring of demerit points under the
Road Safety Act 1986 or regulations
made under that Act; or
(b) an offence against section 49(1) of the
Road Safety Act 1986 not referred to
in paragraph (a).
(2) This Division does not affect the incurring
of demerit points under the Road Safety
Act 1986 or regulations made under that Act.
356C Purposes of diversion
The following purposes of diversion are to
guide the operation of this Division--
(a) a child should be diverted away
from the criminal justice system
where possible and appropriate;
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(b) the risk of stigma being caused to a
child by contact with the criminal
justice system should be reduced;
(c) a child should be encouraged to accept
responsibility for unlawful behaviour;
(d) a child's offending should be responded
to in a manner that acknowledges the
child's needs and assists with
rehabilitation;
(e) a child should be provided with
opportunities to strengthen and preserve
relationships with family and other
persons of importance in the child's life;
(f) a child should be provided with
ongoing pathways to connect with
education, training and employment.
356D Adjournment to undertake diversion
program
(1) Subject to this Division, at any time
before taking a formal plea from a child in a
criminal proceeding for an offence, the Court
may, on its own motion or on application by
the child or the prosecutor, adjourn the
proceeding for a period not exceeding
4 months to enable the child to participate
in and complete a diversion program.
(2) The Court may refuse to accept a plea of
guilty from a child in a criminal proceeding
for an offence, or may allow the child to
withdraw such a plea, if--
(a) there has been no application for an
adjournment under subsection (1); and
(b) the Court considers it necessary to
consider the appropriateness of
diversion; and
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(c) the Court has not heard any evidence in
the proceeding; and
(d) in the case of a withdrawal of a plea,
the Court is satisfied that the prosecutor
does not object to diversion.
(3) Despite anything to the contrary in
subsection (1), the Court may not adjourn
a proceeding for the purpose of the child
completing a diversion program if--
(a) the prosecutor does not consent to the
adjournment; or
(b) the child does not consent to the
adjournment in accordance with
section 356E.
(4) The Court, as far as practicable, must
consider the following matters when
determining whether to grant an
adjournment under subsection (1)--
(a) the seriousness and the nature of the
offending;
(b) the seriousness and the nature of any
previous offending;
(c) the impact on the victim (if any);
(d) the interests of justice and any other
matter the Court considers appropriate.
(5) In considering the matters in subsection (4),
the Court may inform itself in any way it
considers appropriate.
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356E Acknowledgement of responsibility and
consent to diversion by the child
(1) An adjournment must not be granted under
section 356D(1) unless the child--
(a) acknowledges to the Court
responsibility for the offence; and
(b) consents to the Court adjourning the
proceeding for the purpose of the child
participating in a diversion program.
(2) A child's acknowledgement to the Court of
responsibility for an offence is inadmissible
as evidence in a proceeding for that offence
and does not constitute a plea.
(3) A plea withdrawn under section 356D(2) is
inadmissible as evidence in a proceeding for
the offence and does not constitute a plea.
356F Prosecutorial consent to diversion
A prosecutor must consider the following
matters when determining whether to
consent to an adjournment under
section 356D(1)--
(a) the availability of suitable diversion
programs;
(b) the impact on the victim (if any);
(c) the child's failure to complete previous
diversion programs (if any);
(d) the alleged level of involvement of the
child in the offending;
(e) any other matter that the prosecutor
considers relevant.
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Part 9--Youth diversion and other amendments
356G Matters to be considered when
determining the type of diversion
program
(1) The Court, as far as practicable, must
consider the following matters when
determining the type of diversion program
to be ordered--
(a) the diversion program should not be
more punitive than the sentence that
would have been imposed had the child
been found guilty;
(b) the diversion program should be
achievable by the child and measurable;
(c) the personal characteristics and
circumstances of the child;
(d) the desirability of maintaining a child's
engagement in education, training and
employment;
(e) the diversion program should be
culturally appropriate;
(f) the impact on the victim (if any);
(g) the appropriateness of a restorative
approach;
(h) any other matter the Court considers
appropriate.
(2) In considering the matters in subsection (1),
the Court may inform itself in any way it
considers appropriate.
356H Extension of adjournment
(1) Despite anything to the contrary in
section 356D, the Court may adjourn the
proceeding for a further period not exceeding
2 months if it considers it to be appropriate
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Part 9--Youth diversion and other amendments
to enable the completion of the diversion
program.
(2) The total period of the adjournment under
section 356D(1) and subsection (1) must not
exceed 6 months.
356I Conclusion of the diversion program
(1) If a child completes a diversion program to
the satisfaction of the Court--
(a) no plea to the charge is to be taken, or
if a plea to the charge was withdrawn
under section 356D(2) no further plea
to the charge is to be taken; and
(b) the Court must discharge the child
without any finding of guilt; and
(c) the fact of participation in the diversion
program is not to be treated as a finding
of guilt except for the purposes of--
(i) Division 1 of Part 3 and Part 10 of
the Confiscation Act 1997; and
(ii) section 9 of the Control of
Weapons Act 1990; and
(iii) section 151 of the Firearms
Act 1996; and
(iv) Part 4 of the Sentencing
Act 1991; and
(d) the fact of participation in the diversion
program and the discharge of the child
is a defence to a later charge for the
same offence or a similar offence
arising out of the same circumstances.
Note
In relation to subsection (1)(c)(iv) see section 417.
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(2) If a child does not complete a diversion
program to the satisfaction of the Court and
the child is subsequently found guilty of the
charge, the Court must take into account the
extent to which the child complied with the
diversion program when sentencing the
child.
356J Diversion program and community
service activities
If an adjournment is granted under
section 356D(1) and the diversion program
requires a person to engage in community
service activities, section 407(3) of this Act
applies as if a reference to a direction under
subsection (1) were a reference to a diversion
program.
356K Natural justice
Nothing in this Division affects the
requirement to observe the rules of natural
justice.".
60 Offences in relation to community service etc.
At the end of section 497 of the Principal Act
insert--
"(2) For the purposes of subsection (1)(c),
the Secretary may issue a written instruction
to any person directing the person not to
attempt to have contact with a child placed
under an interim accommodation order or by
the Secretary under section 173.
(3) An instruction under subsection (2) must be
served in accordance with section 593.".
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Children and Justice Legislation Amendment (Youth Justice Reform)
Act 2017
No. of 2017
Part 9--Youth diversion and other amendments
61 Offences in relation to persons held in centres
After section 501(4) of the Principal Act insert--
"(5) For the purposes of subsection (1)(a), the
Secretary may issue a written instruction
to any person directing the person not to
communicate or attempt to communicate
with a person held in a remand centre, youth
residential centre, youth justice centre or
youth justice unit in contravention of the
instruction.
(6) An instruction under subsection (5) must be
served in accordance with section 593.".
62 Circumstances in which Koori Court
(Criminal Division) may deal with breach of a
sentence imposed by it or another Division of the
Children's Court
(1) In section 518A(c)(iii) of the Principal Act,
for "Division; and" substitute "Division; or".
(2) After section 518A(c)(iii) of the Principal Act
insert--
"(iv) intends to consent to the adjournment of the
proceeding under section 356D to enable the
child to participate in a diversion program;
and".
63 Circumstances in which Koori Court
(Criminal Division) may deal with certain offences
(1) In section 519(1)(c)(iii) of the Principal Act,
for "Division; and" substitute "Division; or".
(2) After section 519(1)(c)(iii) of the Principal Act
insert--
"(iv) intends to consent to the adjournment of the
proceeding under section 356D to enable the
child to participate in a diversion program;
and".
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Children and Justice Legislation Amendment (Youth Justice Reform)
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No. of 2017
Part 10--Transitional provisions
Part 10--Transitional provisions
64 Transitional provisions
(1) After section 160 of the Sentencing Act 1991
insert--
"161 Transitional provision--Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
(1) The amendments made to section 32 of
this Act by section 21 of the Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017 apply
to the sentencing of an offender for an
offence alleged to have been committed on
or after the commencement of that section,
irrespective of when the previous offence
referred to in section 32(2D)(b) of this Act
(as inserted by the Children and Justice
Legislation Amendment (Youth Justice
Reform) Act 2017) was committed.
(2) The amendments made to this Act by
Division 1 and 2 of Part 8 of the Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017 apply
respectively to the sentencing of an offender,
or the hearing of a charge, for an offence
alleged to have been committed on or after
the commencement of that Part.
(3) For the purposes of subsection (1) and (2), if
an offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of Children and Justice
Legislation Amendment (Youth Justice
Reform) Act 2017, the offence is alleged to
have been committed before that
commencement.".
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Children and Justice Legislation Amendment (Youth Justice Reform)
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No. of 2017
Part 10--Transitional provisions
(2) After Schedule 5 to the Children, Youth and
Families Act 2005 insert--
"Schedule 6--Transitional
provisions relating to the
Children and Justice Legislation
Amendment (Youth Justice
Reform) Act 2017
1 Transitional provisions--Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
(1) The amendments made to this Act by
Division 2 of Part 4 of Children and
Justice Legislation Amendment
(Youth Justice Reform) Act 2017 apply
to the sentencing of an offender for an
offence alleged to have been committed on
or after the commencement of that Part.
(2) The amendments made to this Act by
section 29 of the Children and Justice
Legislation Amendment (Youth Justice
Reform) Act 2017 apply to the detention
of a person for an offence for which the
person has been convicted on or after the
commencement of that section, irrespective
of when the previous offence referred to in
section 458A(1)(b)(ii) of this Act (as inserted
by the Children and Justice Legislation
Amendment (Youth Justice Reform)
Act 2017) was committed, being an
offence committed when the person was
aged 16 years or over.
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Part 10--Transitional provisions
(3) The amendments made to this Act
by Divisions 1 and 2 of Part 8 of the
Children and Justice Legislation
Amendment (Youth Justice Reform)
Act 2017 (other than by section 52
of that Act) apply respectively to
the sentencing of an offender, or the
hearing of a charge, for an offence
alleged to have been committed on
or after the commencement of that Part.".
(3) After section 63 of the Summary Offences
Act 1966 insert--
"64 Transitional provision--Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
(1) The amendments made to this Act by
Division 1 of Part 8 of the Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
apply to the sentencing of an offender
for an offence alleged to have been
committed on or after the commencement
of that Part.
(2) For the purposes of subsections (1), if an
offence is alleged to have been committed
between 2 dates, one before and one after
the commencement of Children and Justice
Legislation Amendment (Youth Justice
Reform) Act 2017, the offence is alleged
to have been committed before that
commencement.".
77
Children and Justice Legislation Amendment (Youth Justice Reform)
Act 2017
No. of 2017
Part 10--Transitional provisions
(4) After Schedule 4 of the Criminal Procedure
Act Act 2009 insert--
"Schedule 5--Transitional
provisions relating to the
Children and Justice Legislation
Amendment (Youth Justice
Reform) Act 2017
1 Transitional provision--Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
(1) The amendments made to this Act by
Division 3 of Part 4 of the Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017 apply
to the hearing of a charge for an offence
alleged to have been committed on or after
the commencement of that Division.
(2) For the purposes of subsection (1), if
an offence is alleged to have been
committed between 2 dates, one before
and one after the commencement of
Division 3 of Part 4 of Children and
Justice Legislation Amendment
(Youth Justice Reform) Act 2017, the
offence is alleged to have been committed
before that commencement.".
(5) After section 628 of the Crimes Act 1958
insert--
"629 Transitional provision--Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
(1) The amendments made to this Act by
Division 1 of Part 8 of the Children
and Justice Legislation Amendment
78
Children and Justice Legislation Amendment (Youth Justice Reform)
Act 2017
No. of 2017
Part 10--Transitional provisions
(Youth Justice Reform) Act 2017 apply to
the sentencing of an offender for an offence
alleged to have been committed on or after
the commencement of that Part.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between 2 dates, one before and one after
the commencement of Division 1 of Part 8
of the Children and Justice Legislation
Amendment (Youth Justice Reform)
Act 2017, the offence is alleged to have been
committed before that commencement.".
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Children and Justice Legislation Amendment (Youth Justice Reform)
Act 2017
No. of 2017
Part 11--Amendments relating to review of Act
Part 11--Amendments relating to
review of Act
65 New Part 5.9 inserted
After Part 5.8 of Chapter 5 of the Principal Act
insert--
"Part 5.9--Review of Children and
Justice Legislation Amendment
(Youth Justice Reform) Act 2017
492B Review of Children and Justice
Legislation Amendment (Youth Justice
Reform) Act 2017
(1) The Minister must undertake a review of the
amendments made to this Act and other Acts
by the Children and Justice Legislation
Amendment (Youth Justice Reform)
Act 2017 to determine whether the policy
objectives of the Children and Justice
Legislation Amendment (Youth Justice
Reform) Act 2017 remain valid and whether
the amendments made by that Act remain
appropriate to achieve those objectives.
(2) The review is to be undertaken as soon
as possible after the third anniversary of
the first day on which all the provisions of
the Children and Justice Legislation
Amendment (Youth Justice Reform)
Act 2017 have commenced.
(3) Without limiting the matters that the review
may consider, the review must cover the
following matters--
(a) the effects of the amendments made by
the Children and Justice Legislation
Amendment (Youth Justice Reform)
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No. of 2017
Part 11--Amendments relating to review of Act
Act 2017, whether adverse or
otherwise, on the following--
(i) rates of offending and
re-offending;
(ii) incarceration of young people;
(iii) community safety;
(iv) the long-term well-being of
children and young people in
contact with the justice system;
(b) the operation of youth control orders;
(c) the operation of youth diversion
strategies and programs;
(d) the operation of the system known as
the dual track system;
(e) the categorisation of certain offences as
serious youth offences, and the effect of
this categorisation on decisions about
bail, non-custodial sentences and the
placement of young adults in youth
justice centres;
(f) whether the incarceration of Aboriginal
or Torres Strait Islander children and
young people has increased or
decreased as a proportion of the total
incarcerated population of young
people in Victoria since the Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
received the Royal Assent;
(g) whether any additional legislative,
administrative or policy reform is
necessary to improve the operation of
Victoria's youth justice system.
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No. of 2017
Part 11--Amendments relating to review of Act
(4) The Minister must cause a report on the
review to be laid before each House of the
Parliament not later than 12 months after the
third anniversary of the first day on which all
the provisions of the Children and Justice
Legislation Amendment (Youth Justice
Reform) Act 2017 have commenced.".
82
Children and Justice Legislation Amendment (Youth Justice Reform)
Act 2017
No. of 2017
Part 12--Repeal of amending Act
Part 12--Repeal of amending Act
66 Repeal of amending Act
This Act is repealed on 1 June 2019.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═════════════
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Children and Justice Legislation Amendment (Youth Justice Reform)
Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Crimes Act 1958 in relation to recruiting children to engage in criminal
activity, to amend the Children, Youth and Families Act 2005 in
relation to the hearing of proceedings, sentencing, the removal to and
from, and detention of, persons at remand centres, youth residential
centres and youth justice centres, and to deal with offences committed at
those centres, to further provide for management of detainees and youth
offenders, to provide for the increase of penalties for certain offences, to
make provision in relation to information sharing, to amend the
Sentencing Act 1991 and other Acts in relation to serious youth offences,
to amend the Corrections Act 1986 and other Acts in relation to remand,
and for other purposes."
By Authority. Government Printer for the State of Victoria.
84
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