Western Australian Current Acts

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           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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