New South Wales Repealed Regulations

This legislation has been repealed.

CHILDREN (CRIMINAL PROCEEDINGS) REGULATION 2005 - REG 5

5 Prescribed eligibility criteria

(1) The following eligibility criteria are prescribed for the purposes of section 48E of the Act as the criteria that a person must meet to be eligible to participate in the scheme:

(a) the person concerned was 14 years old or older (but less than 18 years old) at the time that the offence was committed or alleged to have been committed,

(b) the person concerned is less than 19 years old at the time it is first proposed to make a youth conduct order with respect to the person concerning the offence or alleged offence,

(c) there is an appropriate connection with a participating Local Area Command of a kind referred to in subclause (1A),

(d) the Children's Court has not yet imposed a penalty on the person concerned for the offence or alleged offence.

(1A) There is an appropriate connection with a participating Local Area Command for the purposes of subclause (1) (c) if either or both of the following conditions are met:

(a) the person concerned permanently or temporarily resides in, or is an habitual visitor to, the area of the Command,

(b) the relevant offence (or, in the case where more than one relevant offence is sought to be dealt with, at least one of the offences) was committed, or alleged to have been committed, in the area of the Command.

(2) A person who is 18 years old or older (but less than 21 years old) continues to be eligible to participate in the scheme in relation to a relevant offence if the person met the criteria referred to in subclause (1) when he or she entered the scheme.

Note: Section 48E (3) of the Act provides that if the regulations make provision for persons who are no longer children to continue to be eligible to participate in the scheme, the other provisions of that Part (and any provisions of the regulations made for the purposes of that Part) extend to such persons as if they were still children.

(2A) A person who ceases to meet the eligibility criteria referred to in subclause (1) (c) continues to be eligible to participate in the scheme in relation to a relevant offence if the person met the criteria referred to in subclause (1) when he or she entered the scheme.

(3) Despite subclauses (1)-(2A), a person is not eligible to participate in the scheme in relation to an offence if:

(a) the person is charged with the offence after 25 February 2012, or

(b) in the case where the person was charged with the offence on or before 25 February 2012--the person has not been referred to a Coordination Group for suitability assessment on or before that day.