South Australian Current Acts

YOUTH JUSTICE ADMINISTRATION ACT 2016 - SECT 3

3—Objects and guiding principles

        (1)         The objects of this Act are—

            (a)         to provide mechanisms for the establishment and proper administration of training centres, community based supervision services and other facilities and services relating to youths who offend against the criminal law; and

            (b)         to provide for the safe, humane and secure management of youths held in training centres in the State; and

            (c)         to provide for appropriate programs for youths who are in detention or under supervision in the community; and

            (d)         to follow, to the extent practicable, international and national requirements or guidelines relating to the detention of youths; and

            (e)         to promote the rehabilitation of youths by providing them with the care, correction and guidance necessary for their development into responsible members of the community and the proper realisation of their potential; and

            (f)         to have regard to the rights of victims of crime; and

            (g)         to have regard to the particular needs and circumstances of youths who are under the guardianship of the Chief Executive, or of whom the Chief Executive has custody, under the Children and Young People (Safety) Act 2017 and who are residents of training centres or are required to be supervised in the community; and

            (h)         to have regard to the particular needs and circumstances relevant to a youth's cultural identity and linguistic background; and

                  (i)         to promote, and endeavour to ensure compliance with, the Charter of Rights for Youths Detained in Training Centres ; and

            (j)         to recognise the importance of family and community involvement and participation in administering youth justice; and

            (k)         to support the reintegration of youths with the community as part of their rehabilitation; and

            (l)         to promote community safety.

        (2)         The Minister, the Chief Executive, the Department and other persons and bodies involved in the administration of this Act are to be guided by the following principles in the exercise of their functions:

            (a)         in exercising powers under this Act, consideration should at all times be given to promoting the well being and best interests of youths;

            (b)         youths should be made aware of their obligations under the law and of the consequences of any breach of the law;

            (c)         the management of residents of training centres, and youths who are subject to supervision in the community, should be designed to achieve their rehabilitation and development into responsible members of the community and the proper realisation of their potential;

            (d)         the community, and individual members of it, must be adequately protected against violent or wrongful acts;

            (e)         facilities and programs developed for the care, rehabilitation, detention, training, therapeutic treatment or other treatment of youths should—

                  (i)         be evidence based; and

                  (ii)         be individually designed as much as reasonably practicable—

                        (A)         to take account of the youth's age, gender, gender identity, sexuality or sexual identity, cultural identity, developmental and cognitive capacity, ability or disability, and any special needs; and

                        (B)         to promote the health of the youth; and

                        (C)         to promote the educational and vocational training needs of the youth; and

                        (D)         to address offending behaviours; and

                  (iii)         be governed by a comprehensive assessment and case plan developed in a multi-disciplinary framework; and

                  (iv)         support a focus on connecting and reintegrating with family and community; and

                  (v)         take into consideration the different traditions, cultural values and religious beliefs of ethnic or racial groups within the youth's community; and

                  (vi)         emphasise individual responsibilities.

        (3)         In addition to the principles set out in subsection (2), a person or body exercising a function or power under this Act in relation to an Aboriginal or Torres Strait Islander youth must—

            (a)         observe the Aboriginal and Torres Strait Islander Youth Justice Principle; and

            (b)         have regard to the particular needs and circumstances of Aboriginal or Torres Strait Islander youths who are residents of training centres or are under supervision in the community; and

            (c)         recognise the diversity of cultures within Aboriginal and Torres Strait Islander communities.