YOUNG OFFENDERS ACT 1994

Western Australian Current Acts

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YOUNG OFFENDERS ACT 1994

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Young offenders reaching
5. Criminal Procedure Act 2004 overridden
6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

PART 2 -- Objectives and principles

6. Objectives
7. General principles of juvenile justice
8. Responsible adults, role of

PART 3 -- Administration

Division 1 -- Chief executive officer

9. Chief executive officer, functions of
10. Chief executive officer may delegate

Division 2 -- Other officers and employees

11. Officers and employees, appointment of
11A. Duties of all officers and employees
11B. Powers and duties of custodial officers

Division 3 -- Removal of custodial officers due to loss of confidence

Subdivision 1 -- Preliminary

11CA. Terms used

Subdivision 2 -- Removal of custodial officers

11CB. Application of Subdivision
11CC. Removal action
11CD. Notice of loss of confidence
11CE. Maintenance payment
11CF. Withdrawal of removal action and revocation of removal
11CG. Resignation of custodial officer who has been removed

Subdivision 3 -- Appeal against removal of custodial officer

11CH. Appeal right
11CI. Proceedings on appeal
11CJ. Leave to tender new evidence on appeal
11CK. Opportunity to consider new evidence
11CL. Revocation of removal after consideration of new evidence
11CM. Application of Industrial Relations Act 1979 to appeals
11CN. Adjournment of appeal if appellant charged with offence
11CO. Resumption of appeal before end of adjournment
11CP. Decision by WAIRC
11CQ. Determining amount of compensation
11CR. Restriction on publication

Subdivision 4 -- General

11CS. Effect of charge for, or conviction or acquittal of, offence
11CT. Failure to comply with procedure
11CU. Transfer, standing down and leave of custodial officer
11CV. Review of Division

Division 4 -- Management, control, security and wellbeing of young offenders

11C. Use of force
11D. Use of restraints
11E. Assistance by prison officers
11F. Assistance by police officers
12. Departmental and subsidised facilities, establishment of
13. Detention centres, establishing
14. Records of young offenders, duty to keep
15. Records of young offenders, access to
15A. Disclosure of personal information relating to young offenders
16. Exchange of information
16A. Disclosure authorised
16B. Protection of Commissioner of Police reports that may be withdrawn
16C. Protection of Commissioner of Police reports containing terrorist intelligence information
16D. Protection of terrorist intelligence information in legal proceedings
17. Confidentiality

Division 5 -- Arrangements with councils of Aboriginal communities

17A. Terms used
17B. Community supervision agreement
17C. Appointment of monitor
17D. Compensation for injury

PART 4 -- Young persons in custody before being dealt with for an offence

19. Detention of young persons apprehended by police
20. Responsible adult to be notified
21. Young person in custody awaiting trial
21A. Chief executive officer may direct that mandatory transfer does not apply

PART 5 -- Dealing with young offenders without taking court proceedings

Division 1 -- Cautioning

22A. Purpose of this Division
22B. Police officer to consider alternatives to court proceedings
22. Cautions may be given except for Sch. 1 or 2 offences
23. Cautioning to be preferred in certain cases
23A. Caution certificate to be given
23B. Police officer may retain a thing relating to an offence

Division 2 -- Referral to juvenile justice team

24. Principles
25. Only certain matters may be referred to teams
26. Release of young person under arrest
27. Referral to team by prosecutor
28. Referral to team by court
29. First offenders usually should be referred to team
30. Role of responsible adult
31. Role of victim
32. Powers of juvenile justice team
33. Effect on liability to be dealt with by court
34. Civil liability not affected

Division 3 -- Juvenile justice teams

35. Terms used
36. Juvenile Justice Team Coordinator, appointment of
37. Establishing juvenile justice teams
37A. No representation by lawyer or agent
38. Decisions to be unanimous
39. Records to be kept
40. No report of proceedings to be published

PART 6 -- Court proceedings

41. Preliminary considerations for police before prosecuting
42. Notice to attend court usually preferable to summons
43. Notices to attend court, general provisions about
44. Proceedings to be explained to young persons
45. Responsible adult may be required to attend court

PART 7 -- Sentencing and related matters

Division 1 -- General

46. Principles and considerations to be applied to young offenders
46A. Application of Sentencing Act 1995
47. Court may request information
48. Certain reports required
49. Remand for observation
50. Offender aged under 17 at time of sentence, options
50A. Offender aged 17 or over but under 18 at time of sentence, options
50B. Offender aged 18 or over at time of sentence, options
51. Responsible adult to be present for certain orders
52. Order requiring consent to be explained
54. Body samples may be required to be provided
55. Conviction, when to be recorded
56. Compensation and restitution, orders for
57. Costs may be ordered to be paid
58. Responsible adult may be made liable for fine etc.
59. Court orders to be provided in writing
60. Orders etc. under this Part are sentences
62. Workers’ compensation for compulsory work
63. Terms used
64. Enforcing payment by young person who has reached
65. Enforcing payment by young person who has not reached
65A. Court’s powers to deal with defaulter
65B. Community work order
65C. Detention order

Division 2 -- No punishment and no conditions

66. Court may refrain from punishing in some cases

Division 3 -- No punishment but conditions

67. Undertakings and informal punishment
68. Adjournment

Division 4 -- No punishment but security or recognisance

69. Recognisance by offender to be of good behaviour etc.
70. Responsible adult may give security for offender’s good behaviour etc.

Division 5 -- Fine

71. Fine instead of imprisonment
72. Offender must be able to pay

Division 6 -- Youth community based order

73. Youth community based order, nature of
74. Offender must be suitable and consent
75. Proposed agenda required for suitable person
76. Duration of order
77. Supervising officer
78. Conditions implied in order
79. Obligations under order may be suspended
80. Amendment of order, extent of power
81. Amendment of order
82. Breach of order, CEO may require offender to attend court
83. Breach of order, powers to deal with
84. Breach of order by re-offending, new order may be made
85. Discharge or fulfillment of order, effect of
86. Proof of identity in proceedings for breach of order
87. Notice of court applications

Subdivision 1 -- Attendance conditions

88. Requirement to attend courses

Subdivision 2 -- Community work conditions

89. Requirement to perform unpaid work
90. Conditions cannot be imposed on child under
91. Community work, minimum and maximum hours of
92. Offender to attend before Departmental officer
93. Performing the work
94. Regulations relating to community work conditions

Subdivision 3 -- Supervision conditions

95. Requirement to be supervised
96. Duration of supervision
97. Changing duration of supervision

Division 7 -- Intensive youth supervision order

98. Intensive youth supervision order, nature of
99. Order may be made with or without custodial sentence
100. Order without custodial sentence
101. Order with custodial sentence (conditional release order)
102. Conditional release order to include agenda of conditions
103. Offender must be suitable and consent
104. Agenda proposal required for suitable person
105. Conditional release order, duration of
106. Conditional release order may relate to several sentences
107. Conditional release not to exceed 12 months
108. Supervising officer
109. Conditional release order, implied conditions of
109A. Conditional release order: specified places
109B. Conditional release order: devices
110. Obligations under order may be suspended
111. Amendment of order, extent of power
112. Amendment or cancellation of order
113. Breach of order, CEO may require offender to attend court
114. Breach of order, powers to deal with
115. Conditional release order, effect of expiry of
116. Cancellation of conditional release order, effect of
117. Notice of court applications

Division 8 -- Custodial sentence

118. Sentencing for offences punishable by imprisonment
118A. Where sentence of imprisonment to be served
119. Taking time on remand into account
119A. Effect of not being in custody
120. Custodial sentence is sentence of last resort
121. Minimum period before release from detention
122. Aggregation of multiple sentences of detention
123. Cumulative sentences of detention, service of

Division 9 -- Dealing with young person who repeatedly commits serious offences

124. When this Division applies
125. Protection of the community paramount
126. Special order, making of
127. Special order, time of operation
128. Special order, effect of
129. Special order, application to discharge
130. Special order, effect of expiry of

PART 8 -- Supervised release orders

Division 1 -- Definitions

131. Terms used

Division 2 -- The order

132. Supervised release order, Board may make
133. Supervised release order, when can be made
134. Duration of order
135. Order may relate to more than one sentence
136. Conditions implied in order
136A. Express conditions: specified places
136B. Express conditions: devices
137. Effect of proposed order to be explained to offender
138. Order to be provided in writing
139. Supervising officer
140. Obligations under order may be suspended
141. Amendment of order, extent of power
142. Amendment or cancellation of order
142A. Cancellation automatic in case of offender with links to terrorism
142B. Supervised release order, when cancellation under s. 142A takes effect
143. Cancellation of certain obligations after 6 months’ release
144. Breach of order other than by re-offending, report to CEO
145. Courts to notify Board and CEO of re-offending
146. Report to be provided when referring matter to Board
147. Breach of order, how Board may deal with
147A. Offending while on supervised release order: automatic cancellation
148. Compliance with order, effect of
149. Suspension or cancellation of order, effect of
150. Cancellation of order after offender reaches

Division 2A -- Offenders with links to terrorism or subject to Commissioner of Police reports

Subdivision 1 -- Preliminary

150A. Release considerations

Subdivision 2 -- Supervised release orders in cases of offenders with links to terrorism

150B. References to Board
150C. Making supervised release orders
150D. Commissioner of Police reports
150E. Withdrawing Commissioner of Police reports

Subdivision 3 -- Supervised release orders for other offenders subject to Commissioner of Police reports

150F. Releasing offender subject to Commissioner of Police report under supervised release order

Subdivision 4 -- Review

150G. Review of Division

Division 3 -- The Supervised Release Review Board

151. Board established
152. Board members
153. Term of office
154. Alternate members
155. Remuneration and allowances
156. Meetings
157. Quorum
158. Presiding at meetings
159. Board may request reports
160. Determination of questions
161. Procedure
162. Board may reconsider its decision
163. Rules of natural justice excluded
164. Judicial notice of Board’s documents
165. Annual report
165A. Information to be excluded from annual reports

PART 9 -- Detention centres

166. Appointment of visiting justices
168. Visiting justices, functions of
169. Right of certain persons to enter detention centre
169A. Investigation of alleged incident at detention centre
170. Detention offences
171. Detention offence charge, procedure on
172. Visiting justice may deal with referred charges
173. Detention offences, dealing with
174. Detention offence charges, hearing of
175. Visiting justice may direct prosecution for detention offence
176. Early discharge from detention
178. Transfer of offender who is 16 or 17 years old from detention centre to prison
178A. Transfer of offender who has reached age of 18 years from detention centre to prison
178B. Chief executive officer may direct that mandatory transfer does not apply
179. Medical treatment, removal for
180. Death of detainee, coroner to investigate
181. Rules for detention centres, CEO may make

PART 10 -- Miscellaneous

182. Protection from legal liability
183. Order to be defence to actions
184. CEO may give consent in relation to detainee
185. Minister may make certain payments
186. Officer of Department may conduct cases
187. Certificate of superintendent to be evidence
188. Person having charge of detainee has legal custody
189. Certain offenders to be regarded as not convicted
190. Disclosure of certain convictions
191. Unlawfully communicating with detainee
192. Unlawfully remaining in detention centre
193. Escape from custody
193A. Arrest warrant may be issued if warrant of commitment in force
194. Personating an officer
195. General penalty
196. Regulations
197. Delegation of prescribed functions
197A. Delegation by Commissioner of Police

PART 11 -- Amendment of certain other Acts and transitional provisions

Division 3 -- Transitional provisions

Subdivision 1 -- General

231. Interpretation Act 1984 applies
232. Orders for past matters
233. Orders under former provisions
234. Detention centres under Child Welfare Act 1947
235. Proceedings pending before children’s panels

Subdivision 2 -- Transitional provisions for Young Offenders Amendment Act 2023

235A. Term used: commencement day
235B. Young persons in detention on commencement day who have reached age of 18 years
235C. Offenders in detention on commencement day who have reached age of 18 years
235D. Applications not yet determined taken to be withdrawn

Division 4 -- Miscellaneous

237. Review of Act
SCHEDULE 1 -- Schedule 1 offences
SCHEDULE 2 -- Schedule 2 offences
SCHEDULE 3 -- Adaptations for community work in default of payment

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