YOUTH JUSTICE ACT 2024

Victorian Current Acts

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YOUTH JUSTICE ACT 2024

TABLE OF PROVISIONS

1. Purposes
2. Commencement
3. Definitions
4. Meaning of child
5. Meaning of young person
6. Meaning of relevant impairment
7. Meaning of terrorism record
8. Meaning of terrorism risk information
9. References to sentencing child include sentencing on appeal

PART 1.2--CRIMINAL RESPONSIBILITY OF CHILDREN

10. Minimum age of criminal responsibility
11. Presumption that child 12 or 13 years of age cannot commit an offence
12. Matters to which police officer must have regard
13. Review of charge against child who allegedly committed offence at 12 or 13 years of age
14. Notice of completion of review of charge

PART 1.3--GUIDING YOUTH JUSTICE PRINCIPLES

Division 1--Operation and purpose of the guiding youth justice principles

15. Interaction of guiding youth justice principles with this Act
16. Purposes of guiding youth justice principles
17. Taking into account guiding youth justice principles

Division 2--Guiding youth justice principles

18. Guiding youth justice principle—treatment of children and young persons
19. Guiding youth justice principle—prevention, diversion and minimum intervention
20. Guiding youth justice principle—rights of victims and the importance of restoration
21. Guiding youth justice principle—importance of parents and family
22. Guiding youth justice principle—promotion of partnership and collaboration with agencies and other entities

Division 3--Guiding youth justice principles and matters specific to Aboriginal children and young persons

23. Statement of recognition in respect of Aboriginal children and young persons
24. Guiding youth justice principle—additional principles specific to Aboriginal children and young persons
25. Obligation on Secretary to develop strategic partnerships with Aboriginal communities

Division 4--Consultation with representatives of the Aboriginal community on justice-related issues

26. Minister or the Secretary to consult with representatives

PART 2.1--FUNCTIONS AND POWERS OF THE SECRETARY

27. Functions and powers of the Secretary
28. Power of the Secretary to enter into contracts
29. Powers of the Secretary in relation to land
30. Committee of management
31. Record of dealings by Registrar of Titles
32. Secretary's powers in relation to intellectual property
33. Delegation
34. Report by Secretary

PART 2.2--COMMISSIONER FOR YOUTH JUSTICE

35. Commissioner for Youth Justice
36. Functions and powers of Commissioner for Youth Justice
37. Secretary has and may exercise functions and powers of the Commissioner for Youth Justice
38. Commissioner for Youth Justice has and may exercise functions and powers of youth justice custodial officer
39. Delegation by Commissioner for Youth Justice

PART 2.3--ABORIGINAL YOUTH JUSTICE AGENCIES

Division 1--Registration of Aboriginal youth justice agencies

40. Application for registration
41. Secretary may register body corporate as an Aboriginal youth justice agency
42. Secretary may impose conditions on registration
43. Registration period
44. Renewal of registration
45. Secretary must give notice of refusal to renew registration
46. Register of registered Aboriginal youth justice agencies

Division 2--Performance standards

47. Performance standards for registered Aboriginal youth justice agencies
48. Subject matter for performance standards
49. Publication, amendment and revocation of performance standards
50. Registered Aboriginal youth justice agency must comply with relevant performance standard

Division 3--Revocation of registration

51. Revocation of registration
52. Secretary must give notice of revocation
53. Effect of revocation of registration

Division 4--Review of decisions

54. Internal review by Secretary
55. Review by VCAT of decision made on internal review

Division 5--Monitoring

56. Secretary may make inquiries
57. Secretary may visit registered Aboriginal youth justice agency
58. Registered Aboriginal youth justice agency must assist

Division 6--Authorisation of registered Aboriginal youth justice agency to act in relation to an Aboriginal child or young person

59. Secretary may authorise principal officer of registered Aboriginal youth justice agency to perform functions or exercise powers
60. Secretary must disclose information to principal officer for making decision about agreeing to authorisation
61. Effect of authorisation
62. Secretary may revoke authorisation
63. Powers and functions of acting principal officer
64. Delegation by principal officer of registered Aboriginal youth justice agency
65. Use of information disclosed to registered Aboriginal youth justice agency and principal officer for making decision about agreeing to authorisation

PART 3.1--PRELIMINARY

66. Application of Chapter
67. Definitions

PART 3.2--TRANSPORT POWER

68. Child taken into care and control
69. Transportation of child taken into care and control
70. Child kept in care and control at police station
71. Child in respect of whom transport power is being exercised not to be questioned or interviewed
72. Child who is Aboriginal or Torres Strait Islander taken into care and control
73. Use of force
74. Requirements after use of force
75. Search
76. Seizure
77. Record keeping
78. Information to be provided to child and parent in relation to exercise of transport power
79. Interaction with other powers of police officers

PART 3.3--ROLE OF COMMISSION FOR CHILDREN AND YOUNG PEOPLE IN RELATION TO TRANSPORT POWER

80. Functions of Commission for Children and Young People in relation to transport power
81. Access to documents and information
82. Assistance to be given to Commission for Children and Young People for performance of functions and exercise of powers
83. Disclosures by relevant professionals
84. Disclosers protected
85. Transport power reports
86. Transport power reports provided to Parliament
87. Transport power reports containing identifying information must not be provided to Parliament
88. Commission may publish transport power reports provided to Parliament on Internet
89. Annual reporting
90. Mandatory notification to IBAC
91. Commission for Children and Young People not to prejudice legal proceedings or investigations

PART 4.1--GENERAL

92. Hierarchy of options for alleged offending behaviour
93. Record of reasons if youth warning, youth caution or early diversion group conference is inappropriate

PART 4.2--YOUTH WARNINGS

94. Objects of youth warning
95. Police officer may give youth warning to child
96. Eligibility of child for youth warning
97. Timing of youth warning
98. Place and form for giving youth warning
99. Explanation of youth warning
100. Parent may be notified of youth warning
101. Record of youth warning

PART 4.3--YOUTH CAUTIONS

102. Objects of youth caution
103. Youth caution may be given to child
104. Eligibility of child for youth caution
105. Explanation of youth caution
106. Consent of child
107. Timing of youth caution
108. Persons who may give a youth caution other than a cautioning police officer
109. Persons to attend giving of youth caution
110. Victim statement may be given to child
111. Person giving youth caution may request apology or make referral
112. Place for giving youth caution
113. Form of youth caution
114. Parent may be notified of youth caution
115. Record of youth caution

PART 4.4--EARLY DIVERSION GROUP CONFERENCES

116. Objects of early diversion group conference
117. Police officer referral of child to early diversion group conference
118. Eligibility of child for early diversion group conference
119. Timing of referral
120. Aboriginal child referred to early diversion group conference may elect model
121. Form of referral by police officer
122. Form of notice of referral
123. Parent may be notified of referral
124. Date and time of early diversion group conference
125. Convenor may refer matter back
126. Legal representation
127. Persons to attend early diversion group conference
128. Victim statement may be provided
128A. Reading aloud of victim statement
129. Conduct of early diversion group conference
130. Early diversion outcome plan
131. Finalisation of early diversion outcome plan
132. Deferral or discontinuation of group conference
133. Discretion of Chief Commissioner of Police
134. Confidentiality of early diversion group conference proceedings
135. Confidentiality of early diversion outcome plan

PART 4.5--ABORIGINAL-LED EARLY DIVERSION GROUP CONFERENCE MODEL

136. Secretary to develop Aboriginal-led model
137. Requirements of Aboriginal-led model
138. Conduct of Aboriginal-led early diversion group conferences

PART 4.6--EFFECT OF YOUTH WARNINGS, YOUTH CAUTIONS AND EARLY DIVERSION GROUP CONFERENCES

139. Criminal record
140. No further action or criminal proceeding to be taken
141. Leave of court required
142. Evidence of youth warning or youth caution inadmissible
143. Evidence inadmissible where child referred by police officer
144. Evidence inadmissible where child referred by Children's Court
145. Admissibility of evidence in certain circumstances
146. Participation does not rebut presumption

PART 5.1--COMMENCING A PROCEEDING

147. Child to be proceeded against by summons
148. Time limits for commencing a proceeding
149. Withdrawal of consent
150. Application for extension of time to commence proceeding
151. Extension of time
152. Rehearing
153. Notice of intention to apply for rehearing

PART 5.2--CUSTODY, BAIL AND REMAND

154. Child in custody to be brought before Children's Court or bail justice
155. Placement of child in custody

PART 6.1--PROCEEDINGS GENERALLY

Division 1--Procedure for indictable offences

156. How Children's Court must deal with indictable offences
157. Indictable offences that must be uplifted—child objects to charge being determined summarily
158. Indictable offences to be uplifted if exceptional circumstances exist
159. Transfer of indictable offence that is related to uplifted indictable offence

Division 2--Transfer of proceeding

160. Transfer of proceeding from Magistrates' Court to Children's Court

Division 3--Referral to early diversion group conference

161. Referral by Children's Court to early diversion group conference
162. Adjournment of proceeding for early diversion group conference
163. Form of referral by Children's Court
164. Conduct of early diversion group conference
165. Early diversion group conference not appropriate or discontinued
166. Early diversion outcome plan finalised

Division 4--Conduct of proceeding

167. Procedural guidelines to be followed by Children's Court
168. Children's Court to be constituted by the same judicial officer
169. Children's Court proceedings to be heard in open court
170. Legal representation of child in proceeding
171. Proceedings in which child is required to be legally represented
172. Legal practitioner may represent multiple children
173. Interpreter in proceeding
174. Explanation for order
175. Order and reasons for order
176. Translation of documents
177. Order not invalidated by failure to comply

Division 5--Other matters

178. Application by child under 15 years of age
179. Service of documents on child under 15 years of age
180. Warrants to arrest

PART 6.2--REFERRAL FOR INVESTIGATION OF MATTERS UNDER CHILDREN, YOUTH AND FAMILIES ACT 2005

181. Referral to DFFH Secretary—protection application
182. Referral to DFFH Secretary—application for therapeutic treatment order
183. Investigation and report of investigation
184. Report on outcome of application
185. Adjournment of proceeding if therapeutic treatment order made
186. Report to Children's Court on therapeutic treatment order
187. Hearing of adjourned proceeding
188. Adjournment of proceeding for voluntary participation in therapeutic treatment program
189. Hearing of adjourned proceeding
190. Pre-sentence report to Children's Court

PART 6.3--DIVERSION

191. Application of Part
192. Purposes of diversion
193. Adjournment to undertake diversion program
194. Consent to diversion by the child
195. Prosecutorial consent to diversion
196. Matters to be considered when determining the type of diversion program
197. Extension of adjournment
198. Conclusion of the diversion program
199. Diversion program and community service activities
200. Natural justice

PART 6.4--STANDARD OF PROOF

201. Proof beyond reasonable doubt

PART 7.1--SENTENCING PRINCIPLES

202. Court must have regard to sentencing principles and general common law principles or rules in sentencing a child
203. Sentencing principle—rehabilitation and positive development
204. Sentencing principle—protection of the community from reoffending
205. Sentencing principle—individual characteristics and vulnerabilities
206. Sentencing principle—responsibility for action
207. Sentencing principle—impact on victims
208. Sentencing principle—minimum intervention
209. Sentencing principle—deterrence from committing offences in youth justice custodial centre
210. Additional sentencing principles for Aboriginal children

PART 7.2--REPORTS AND OTHER MATTERS TO BE TAKEN INTO ACCOUNT IN CONSIDERING SENTENCE

211. Children's Court may only consider certain reports and other matters
212. Victim impact statements
213. Medical reports
214. Use of victim impact statements
215. Distribution of victim impact statement
216. Examination of victim or medical expert
217. Witnesses
218. Reading aloud of victim impact statement
219. Alternative arrangements for reading aloud of victim impact statement
220. Alternative arrangements for examination
221. Submission in respect of unique and systemic background factors affecting child

PART 7.3--DEFERRAL OF SENTENCING

222. Children's Court may defer sentencing
223. Pre-sentence group conference or youth justice planning meeting to be held if sentencing deferred

Division 6--of Part 7.8 sets out the requirements and purposes of a youth justice planning meeting and Divisions 1 and 7 of Part 9.2 set out requirements in relation to youth justice planning meeting reports.

224. Adjourning deferred sentence and period of deferral
225. Application by child for hearing of adjourned case at short notice
226. Court may re-list adjourned case at short notice on own motion
227. Hearing of adjourned case

PART 7.4--PRE-SENTENCE GROUP CONFERENCES

228. Objects of pre-sentence group conference
229. Date and time of pre-sentence group conference
230. Persons to attend pre-sentence group conference
231. Pre-sentence outcome plan
232. Report of pre-sentence group conference
233. Confidentiality
234. Confidentiality of pre-sentence outcome plan

PART 7.5--SENTENCE DISCOUNT AND TOTAL SENTENCES

235. Sentence discount for undertaking to assist law enforcement authorities
236. Sentence discount for assistance given or being given to law enforcement authorities
237. Sentence discount for guilty plea
238. Sentence discount for participation in pre-sentence group conference
239. Failure to attend youth justice planning meeting

PART 7.6--SENTENCING GENERALLY

240. Hierarchy of options for sentencing
241. Supreme Court or County Court may exercise sentencing powers of Children's Court

PART 7.7--UNSUPERVISED COMMUNITY-BASED ORDERS

Division 1--General

242. Conviction not to be recorded when making an unsupervised order

Division 2--Dismissal without formal warning

243. Dismissal without formal warning

Division 3--Dismissal with formal warning

244. Dismissal with formal warning

Division 4--Good behaviour orders

245. Making a good behaviour order
246. Objects of a good behaviour order
247. Conditions of a good behaviour order
248. Maximum period of a good behaviour order

Division 5--Fines

249. Imposing a fine
250. Objects of a fine
251. Financial circumstances of child to be considered
252. Maximum fine which may be imposed
253. Instalment orders
254. Time to pay orders
255. Application for time to pay order, instalment order or variation of instalment order
256. Making of instalment order or time to pay order
257. Default in payment of fine or instalment order
258. Calculation to convert fine into community service order
259. Bail
260. Reduction of order by payment of portion of fine
261. Proceeding for default in payment of fine or instalment order

PART 7.8--SUPERVISED COMMUNITY-BASED ORDERS

Division 1--General

262. Imposing a supervised order with or without conviction

Division 2--Community service orders

263. Making a community service order
264. Objects of a community service order
265. Conditions of a community service order
266. Consideration of likely impact on education, training, employment or rehabilitation
267. Maximum number of hours of work under a community service order
268. Failure to perform ordered hours of community service activities where no appropriate community service to perform not to constitute a contravention

Division 3--Probation orders

269. Making a probation order
270. Objects of a probation order
271. Conditions of a probation order
272. Maximum period of a probation order

Division 4--Youth supervision and support orders

273. Making a youth supervision and support order
274. Objects of a youth supervision and support order
275. Ordering a youth justice planning meeting
276. Conditions of a youth supervision and support order
277. Ordering judicial monitoring of a youth supervision and support order
278. Maximum period of a youth supervision and support order
279. Remission of monitoring etc. to the Children's Court

Division 5--Youth control orders

280. Making a youth control order
281. Objects of a youth control order
282. Ordering a youth justice planning meeting
283. Conditions of a youth control order
284. Maximum period of a youth control order
285. Non-accountable parental undertaking
286. Contravention of parental undertaking
287. Remission of monitoring and other matters to the Children's Court

Division 6--Youth justice plans and youth justice planning meetings

288. What is a youth justice plan?
289. What is a youth justice planning meeting?
290. Requirements of youth justice planning meeting
291. Requirements for report of meeting
292. Confidentiality of meeting
293. Court may revoke order for youth justice planning meeting

Division 7--Judicial monitoring of youth supervision and support orders and youth control orders

294. Reporting and monitoring of youth supervision and support orders and youth control orders

Division 8--of Part 9.2 requires the Secretary to provide a judicial monitoring report to the Children's Court about the child's compliance with the order before each attendance by the child before the Court under this Division.

295. Warning of possible variation or revocation of youth supervision and support order or youth control order

PART 7.9--SPECIAL CONDITIONS

Division 1--Special conditions

296. Developmental conditions
297. Restrictive conditions
298. Restorative condition
299. Directing manner of compliance with special conditions
300. Reasons for attaching special conditions to be given

Division 2--Attaching special conditions or varying special conditions

301. Attaching special conditions to certain community-based orders
302. Varying existing special conditions or attaching special conditions to an existing order

PART 7.10--VARYING OR REVOKING COMMUNITY-BASED ORDERS

303. Application by Secretary or child to vary or revoke community-based order
304. Variation or revocation of community-based order
305. Warrant to arrest for failure to appear
306. Varying or revoking youth supervision and support order or youth control order without consent or warning

PART 7.11--CONTRAVENTION OF COMMUNITY‑BASED ORDERS

Division 1--Revocation of community-based orders for contravention

307. Application by Secretary to vary or revoke community-based order for contravention
308. Court may issue notice to appear before court in relation to contravention of community-based order
309. Variation or revocation of community-based order for contravention
310. Variation or revocation of youth supervision and support order or youth control order for contravention without consent or warning

Division 2--General

311. Time limit for making application for alleged contravention of order
312. Warrant may be issued for failure to appear
313. Bail
314. Proceeding for contravention of sentence

PART 7.12--GENERAL PROVISIONS FOR COMMUNITY-BASED ORDERS

315. Copies of community-based orders to be given
316. Maximum total period of orders—same type of certain community-based orders
317. Maximum total period of orders—certain community-based orders and youth justice custodial orders
318. Community-based orders to be served concurrently unless ordered otherwise
319. Suspension of community-based orders on the grounds of illness or other exceptional circumstances
320. Child in custody while subject to order imposing fine or instalment order
321. Suspension of community-based order—child in custody
322. Secretary to notify Children's Court when a child subject to a community-based order with judicial monitoring is in custody or has order suspended
323. Inconsistent conditions

PART 7.13--SENTENCES OF DETENTION

Division 1--Presumption against imposing sentence of detention on certain children

324. Court not to impose a sentence of detention on child who is under 14 years of age at time of offence except in certain circumstances

Division 2--Youth justice custodial orders

325. Making a youth justice custodial order
326. Objects of a youth justice custodial order
327. Maximum period of a youth justice custodial order
328. Total sentence of detention

PART 7.14--ORDERS IN ADDITION TO SENTENCE

329. Orders in addition to sentence
330. Enforcement of orders in addition to sentence

PART 8.1--APPEAL BY OFFENDER TO COUNTY COURT OR TRIAL DIVISION OF SUPREME COURT

331. Right of appeal
332. How appeal is commenced
333. Determination of appeal

Division 7A--of Part 8.2 of the Criminal Procedure Act 2009 provides for the admission of recorded evidence of complainants in proceedings for certain sexual offences heard summarily by the Children's Court.

PART 8.2--APPEALS BY DPP

334. DPP's right of appeal against sentence
335. How appeal against sentence is commenced
336. Determination of DPP appeal

337. DPP's right of appeal—failure to fulfil undertaking
338. How appeal under section 337 is commenced
339. Determination of DPP's appeal—failure to fulfil undertaking
340. Element of double jeopardy not to be taken into account

PART 8.3--PROCEDURE ON APPEALS FROM CHILDREN'S COURT

341. Late notice of appeal taken to be application for leave to appeal
342. Stay of order
343. Bail pending appeal
344. Abandonment of appeal
345. Appellant's failure to appear
346. Respondent's failure to appear on appeal by DPP
347. One notice of appeal for 2 or more sentences
348. Appeal to County Court or Supreme Court authorised by other Acts

PART 8.4--REPORTS

Division 1--Preliminary

349. Application of this Part
350. Warning to be given to persons being interviewed
351. Confidentiality of reports
352. Notification of requirement to submit report
353. Attendance at appellate court of author of report
354. Disputed reports

Division 2--Pre-sentence reports

355. Court may order pre-sentence report
356. Pre-sentence report must be ordered if appellate court is considering certain orders
357. Pre-sentence report must be ordered if child has or appears to have a relevant impairment
358. Supplementary pre-sentence report
359. Content of pre-sentence report
360. Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment
361. Time for filing pre-sentence report
362. Access to pre-sentence reports
363. Pre-sentence report to be filed with court

Division 3--Pre-sentence group conference reports

364. Pre-sentence group conference report
365. Content of pre-sentence group conference report
366. Access to pre-sentence group conference report
367. Pre-sentence group conference report to be filed with court

Division 4--Youth justice planning meeting report

368. Youth justice planning meeting report ordered by appellate court
369. Youth justice planning meeting report to be filed with court
370. Access to youth justice planning meeting report

PART 8.5--APPEAL TO SUPREME COURT ON A QUESTION OF LAW

371. Appeal to Supreme Court on a question of law
372. Appeal commenced out of time taken to be application for leave to appeal
373. Orders of the Supreme Court
374. Appeal on question of law precludes other appeals

PART 8.6--APPEAL TO COURT OF APPEAL

375. Right of appeal against sentence of detention imposed on appeal from Children's Court
376. How application for leave to appeal is commenced
377. Determination of application for leave to appeal under section 376
378. Determination of appeal
379. Orders and powers on successful appeal
380. Powers and procedure

Division 7--of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 applies as if a reference in that Division to that Part were a reference to this Part.

PART 8.7--CASE STATED FOR COURT OF APPEAL

381. Reservation of question of law
382. Adjournment if question of law reserved
383. Refusal to reserve question of law
384. Case to be stated if question of law reserved
385. General powers of Court of Appeal on case stated
386. Judgment to be entered on record
387. DPP may refer point of law to Court of Appeal
388. Powers and procedure

Division 7--of Part 6.3 of the Criminal Procedure Act 2009 applies as if a reference in that Division to that Part were a reference to this Part.

PART 8.8--STATUS OF SENTENCE AND ORDERS DURING APPEAL PERIOD

389. Sentence not stayed during appeal period
390. Bail pending appeal
391. Stay of certain orders during appeal period
392. Execution of order for forfeiture or destruction of property

PART 8.9--MISCELLANEOUS

393. Appeal by child under 15 years of age
394. Parent may enter into bail
395. Appeals to be heard in open court
396. Legal representation
397. Interpreters
398. Explanation of and reasons for orders

PART 8.10--COSTS ON APPEAL

399. No costs on appeal or new hearing

PART 9.1--ASSISTING THE CHILDREN'S COURT

400. Children's Court may require Secretary to give assistance
401. Children's Court may require DFFH Secretary or principal officer of Aboriginal agency to attend or give information or assistance
402. Duty of Secretary to assist Children's Court
403. Secretary may apply to Children's Court to be heard

PART 9.2--REPORTS TO THE COURT

Division 1--General provisions for reports to the Children's Court

404. Application of Division
405. Notification of requirement to file report
406. Report author must give warning to persons being interviewed
407. Attendance at Court of author of report
408. Disputed report
409. Confidentiality of reports

Division 2--Specialist assessment reports

410. Specialist assessment reports
411. Author of specialist assessment report may prepare statement for filing with report
412. Access to specialist assessment reports

Division 3--Pre-sentence reports

413. Children's Court may order pre-sentence report
414. Pre-sentence report must be ordered if Children's Court is considering certain orders
415. Pre-sentence report must be ordered if child has or appears to have a relevant impairment
416. Supplementary pre-sentence report
417. Content of pre-sentence report
418. Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment
419. Time for filing pre-sentence report or supplementary pre-sentence report
420. Access to pre-sentence reports or supplementary pre-sentence reports
421. Filing of and access to previous pre-sentence report

Division 4--Pre-sentence group conference reports

422. Content of pre-sentence group conference report
423. Filing of pre-sentence group conference report
424. Access to pre-sentence group conference report

Division 5--Variation reports

425. Variation reports
426. Filing of variation reports
427. Access to variation reports

Division 6--Contravention reports

428. Contravention reports
429. Access to contravention reports

Division 7--Youth justice planning meeting reports

430. Filing of youth justice planning meeting report
431. Access to youth justice planning meeting report

Division 8--Judicial monitoring reports

432. Judicial monitoring reports

Division 9--Progress reports

433. Progress reports
434. Filing of progress report
435. Extension of time to file report
436. Access to progress report

PART 10.1--GUIDING CUSTODIAL PRINCIPLES

437. Taking into account guiding custodial principles
438. Guiding custodial principle—safety, stability and security
439. Guiding custodial principle—positive development
440. Guiding custodial principle—individual responses
441. Guiding custodial principle—additional guiding custodial principles specific to Aboriginal children and young persons
442. Guiding custodial principle—children's and young persons' voices
443. Guiding custodial principle—families and community
444. Guiding custodial principle—collaboration

PART 10.2--RIGHTS AND RESPONSIBILITIES

Division 1--Rights of children and young persons in youth justice custodial centres

445. Custodial rights of children and young persons
446. Obligation to uphold custodial rights
447. Custodial right—positive development
448. Custodial right—safety, security and stability
449. Custodial right—mental and physical health
450. Custodial right—individual responses
451. Custodial right—family, community, cultural and religious connections
452. Custodial right—Aboriginal children and young persons
453. Custodial right—being informed
454. Custodial right—children's and young persons' voices
455. Custodial right—legal representation
456. Custodial right—external support

Division 2--Responsibility of children and young persons in youth justice custodial centres

457. Responsibility to comply with custodial rules
458. Commissioner for Youth Justice to make custodial rules
459. Contravention of custodial rules

PART 10.3--LEGAL CUSTODY AND MANAGEMENT AND OPERATION OF YOUTH JUSTICE CUSTODIAL CENTRES

Division 1--Responsibility for youth justice custodial centres and legal custody

460. Responsibility of Secretary in relation to youth justice custodial centres and legal custody of children and young persons
461. Legal custody of child or young person during removal from court to youth justice custodial centre
462. Commissioner for Youth Justice has operational management responsibility for youth justice custodial centres
463. Photographs and records

Division 2--Accommodation

464. Separate accommodation for certain cohorts
465. Displacement of presumptions

Division 3--Powers relating to visitors

466. Commissioner for Youth Justice may approve entry of visitors
467. Visitors required to comply with orders
468. Visitors to give required information
469. Commissioner for Youth Justice may refuse or terminate visits for security reasons

Division 4--Temporary leave

470. Temporary leave from legal custody in youth justice custodial centre
471. Cancellation of temporary leave permit
472. Contravention of temporary leave permits
473. Removal from one youth justice custodial centre to another centre (transfer warrants)

PART 10.4--PROHIBITED ACTIONS AND RESTRICTED PRACTICES

Division 1--Prohibited actions

474. Prohibited actions

Division 2--Use of force

475. Use of force prohibited except in certain circumstances

Division 5--and sections 521 and 523 apply to a use of force under this Part in relation to a child or young person held in custody in a youth justice custodial centre, who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit.

476. Prohibited physical restraint techniques
477. Use of instruments of restraint prohibited except in certain circumstances

Division 3--Isolation

478. Meaning of isolation
479. Solitary confinement prohibited
480. Isolation prohibited unless authorised by Commissioner for Youth Justice
481. Commissioner for Youth Justice may authorise placing of child or young person in isolation
482. Commissioner for Youth Justice may authorise placing of group or class of children or young persons in isolation
483. Commissioner for Youth Justice must determine isolation period for individual child or young person
484. Commissioner for Youth Justice must determine isolation period for group or class of children or young persons
485. Reasonable force

Division 5--and sections 521 and 523 apply to any use of force under this Part.

486. Supervision, observation and meaningful human contact while in isolation
487. Minimum requirements for meaningful human contact during isolation
488. Review of isolation period
489. Ending isolation period for individual child or young person
490. Ending isolation period for group or class of children or young persons
491. Actions after placing the child or young person in isolation
492. Child or young person to be informed about actions required and complaints after being placed in isolation
493. Rights of children and young persons placed in isolation

Division 4--Search of child or young person held in custody in a youth justice custodial centre or of youth justice custodial centre

494. Search of child or young person on entering or leaving a youth justice custodial centre
495. Commissioner for Youth Justice may order search
496. Search of area ordered under section 495
497. Unclothed search of child or young person held in custody in a youth justice custodial centre
498. Use of reasonable force for unclothed searches must be authorised

Division 5--and sections 521 and 523 apply to any use of force by a youth justice custodial officer under this Part.

499. General requirements for conducting search of a child or young person held in custody in a youth justice custodial centre
500. Sex or gender identity of officer conducting pat-down search or unclothed search of child or young person
501. Additional requirements for conduct of unclothed searches
502. Actions after completion of an unclothed search
503. Child or young person to be informed about complaints and actions required after completion of unclothed search
504. Commissioner for Youth Justice may order search to be terminated
504A. Publication of information—unclothed searches

Division 5--General requirements applying to use of force

505. General requirements applying to use of force
506. Actions to be taken after child or young person subjected to any use of force
507. Child or young person to be informed of rights to complain and requirements under this Division

Division 6--Search of any other person in a youth justice custodial centre

508. Search of any person on entering or leaving a youth justice custodial centre
509. Commissioner for Youth Justice may order search
510. General requirements for search of a person other than a child or young person detained in a youth justice custodial centre
511. Sex or gender identity of officer conducting pat-down search
512. Consequences of refusal to submit to search
513. Commissioner for Youth Justice may order search of any person to be terminated

Division 7--Seizure

514. Seizure
515. Seizure Register
516. Certain seized items to be handed to police
517. Manner of dealing with seized things that may be used in a legal proceeding
518. Manner of dealing with seized money
519. Manner of dealing with other seized articles or things
520. Disposal

Division 8--Reporting and record keeping

521. Use of force by youth justice custodial officer must be reported
522. Use of isolation must be reported
523. Use of Force Register
524. Isolations Register
524A. Publication of information from Isolations Register
525. Searches Register
526. Inspection of Registers by Commission for Children and Young People

Division 9--Exemption from liability

527. Exemption from liability

PART 10.5--OFFENCES RELATING TO YOUTH JUSTICE CUSTODIAL CENTRES AND YOUTH JUSTICE COMMUNITY SERVICE CENTRES

Division 1--Offences relating to operation or possession of remotely piloted aircraft or helicopter

528. Offences relating to operation or possession of remotely piloted aircraft or helicopter
529. Youth justice custodial officer may order person to leave public place adjoining youth justice custodial centre
530. Commissioner for Youth Justice may give authorisation
531. Search relating to operation or possession of remotely piloted aircraft or helicopter
532. Seizure of things found in carrying out search under section 531

Division 2--Escaping from youth justice custodial centre or other custody

533. Offence to escape from youth justice custodial centre or other custody
534. Apprehension without warrant—escaping from youth justice custodial centre or other custody
535. Search warrant—escaping from youth justice custodial centre or other custody
536. Placement of child—escaping from youth justice custodial centre or other custody
537. Offence to harbour or conceal child or young person
538. Offence to prevent child or young person from returning to youth justice custodial centre
539. Offence to withdraw child or young person from youth justice custodial centre
540. Offence to counsel or induce child or young person to escape

Division 3--Other offences relating to youth justice custodial centres and youth justice community service centres

541. Offence to enter youth justice custodial centre or youth justice community service centre
542. Offence to communicate with child or young person in youth justice custodial centre or youth justice community service centre
543. Offence to communicate with child or young person on leave from youth justice custodial centre
544. Offence to deliver or introduce certain items to youth justice custodial centre or youth justice community service centre
545. Offence to take or receive articles or things from child or young person in youth justice custodial centre or youth justice community service centre without consent
546. Offences to deliver or leave articles or things for introduction into youth justice custodial centre or youth justice community service centre
547. Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre
548. Offence to refuse or fail to leave youth justice custodial centre or youth justice community service centre when required to do so
549. Person may be apprehended without warrant for certain offences

PART 10.6--CHANGE OF NAME APPLICATIONS AND ACKNOWLEDGEMENT OF SEX APPLICATIONS

Division 1--Approval to make change of name applications

550. Application of Division
551. Offence to make a change of name application without approval
552. Application by child or young person in youth justice custodial centre or other person for approval to make a change of name application
553. Approval by Secretary to make a change of name application
554. Copy of Secretary's approval or refusal
555. Registration of name change
556. Victorian BDM Registrar may correct Register

Division 2--Approval to make acknowledgement of sex applications

557. Application of Division
558. Offence to make an acknowledgement of sex application without approval
559. Application by child or young person in youth justice custodial centre or other person for approval to make an acknowledgement of sex application
560. Approval by Secretary to make an acknowledgement of sex application
561. Copy of Secretary's approval or refusal

PART 10.7--OTHER PROVISIONS RELATING TO YOUTH JUSTICE CUSTODIAL CENTRES

562. Detention in default of payment of a fine
563. Bringing of child or young person before court
564. Power of police to arrest person in youth justice custodial centre
565. Interstate transfers of young offenders
566. Secrecy of security arrangements

PART 11.1--RIGHTS OF CHILDREN IN POLICE GAOLS

567. Rights of children in police gaols
568. Chief Commissioner of Police to ensure rights are complied with
569. Right in police gaol—separate accommodation
570. Right in police gaol—communication
571. Right in police gaol—individual needs and environment
572. Right in police gaol—making complaints
573. Right in police gaol—being informed

PART 11.2--CHILDREN AND YOUNG PERSONS DETAINED IN POLICE GAOLS OR IN CUSTODY OF TRANSFER OFFICER UNDER TRANSFER AUTHORITY

Division 1--Application of this Part

574. No application to child held in custody in police gaol under Terrorism (Community Protection) Act 2003
575. Disapplication of provisions of the Corrections Act 1986
576. Authority of police custody officer supervisors and police custody officers

Division 2--Prohibited actions

577. Prohibited actions

Division 3--Use of force in police gaol or in custody of transfer officer under transfer authority

578. Use of force prohibited in certain circumstances
579. Prohibited physical restraint techniques in police gaols or in custody of a transfer officer under transfer authority
580. Use of instruments of restraint prohibited except in certain circumstances

Division 4--Unclothed searches

581. Unclothed search of child held in custody in a police gaol
582. Use of reasonable force for unclothed searches must be authorised

Division 5--applies to any use of force by a police gaol officer under this Part.

583. Requirements before conducting unclothed searches in police gaols
584. Conduct of unclothed searches in police gaols
585. Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol
586. Actions after completion of an unclothed search
587. Child to be informed about complaints and actions required after unclothed search

Division 5--General requirements for use of force

588. General requirements applying to use of force
589. Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part
590. Actions to be taken after child or young person in custody of transfer officer under transfer authority is subjected to use of force under this Part
591. Child to be informed of rights to complain and entitlements under this Division

PART 12.1--YOUTH PAROLE BOARD

Division 1--The Youth Parole Board

592. Youth Parole Board
593. Terms and conditions of office
594. Deputy chairperson to act as chairperson
595. Divisions of the Youth Parole Board
596. Aboriginal division of the Youth Parole Board
597. Meetings of the Youth Parole Board
598. Quorum
599. Validity of acts or decisions of the Youth Parole Board
600. Youth Parole Board secretary
601. Youth Parole Board secretary or member may act on behalf of Youth Parole Board
602. Evidentiary provisions
603. Immunity of Youth Parole Board members and secretary from liability
604. Youth Parole Board annual reports
605. Additional reports

Division 2--General powers and jurisdiction of the Youth Parole Board

606. Powers of Youth Parole Board
607. Power of Youth Parole Board to compel production of documents and other things or attendance of witnesses
608. Variation or revocation of notice to produce or notice to attend
609. Service of notice to produce or notice to attend
610. Power of Youth Parole Board to compel attendance of witnesses does not affect power of Board to direct child or young person on parole to attend for interview
611. Appearance by audio visual link
612. Notice to attend issued to child or young person detained in a youth justice custodial centre
613. Power to take evidence on oath or affirmation
614. Offence to fail to comply with a notice to produce or attend
615. Offence to fail to take oath, make affirmation or answer question
616. Costs of attending meeting of the Youth Parole Board
617. Protection of members of the Youth Parole Board at Youth Parole Board meetings

Division 3--Jurisdiction of the Youth Parole Board

618. Children and young persons detained in youth justice custodial centre subject to Youth Parole Board

Division 4--Information sharing about incidents and release on parole

619. Secretary must give certain information to Youth Parole Board about incidents
620. Information sharing by Youth Parole Board about release on parole

PART 12.2--RELEASE ON PAROLE FROM YOUTH JUSTICE CUSTODIAL CENTRE

Division 1--Explanation and use of information

621. Explanation of parole orders and decision-making criteria
622. Use of information given by persons on Youth Justice Victims Register
623. Use of victim impact statement
624. Use of parole stage group conference report
625. Limitation on Youth Parole Board's consideration of terrorism risk information
626. Secretary may provide terrorism risk information for purposes of this Part

Division 2--Release on parole

627. Release on parole from youth justice custodial centre
628. Release on parole of young person subject to youth justice custodial order under section 10AA(2) of the Sentencing Act 1991
629. Determination of parole where terrorism risk information provided
630. Presumption against release on parole in case of terrorism risk
631. Conditions of a youth parole order
632. Standard conditions of youth parole order
633. Additional parole conditions to be imposed in relation to certain offences
634. Special parole conditions
635. Child or young person still under sentence until end of parole period

Division 3--Cancellation of parole

636. Cancellation of parole
637. Youth Parole Board must consider cancelling parole of child or young person charged with terrorism or foreign incursion offences in certain circumstances
638. Youth Parole Board must consider cancelling parole of child or young person who gains a terrorism record while on parole
639. Youth Parole Board must consider cancelling parole if new terrorism risk information provided
640. Warrant may be issued if parole cancelled
641. Execution of warrant issued under section 640
642. Cancellation of parole may be revoked
643. Youth Parole Board may release on parole more than once

Division 4--Authorised youth justice community workers

644. Secretary may authorise youth justice community worker to perform functions and exercise duties and powers under youth parole orders

PART 12.3--PAROLE STAGE GROUP CONFERENCE

645. Referral for parole stage group conference
646. Assessment for parole stage group conference
647. Conference will only proceed with consent of child or young person
648. Date and time of parole stage group conference
649. Attendees of parole stage group conference
650. Objects of parole stage group conference
651. Conduct of parole stage group conference
653. Confidentiality

PART 12.4--YOUTH JUSTICE VICTIMS REGISTER

654. Youth Justice Victims Register
655. Functions and powers of the Secretary in relation to the Youth Justice Victims Register
656. Application to be included on the Youth Justice Victims Register
657. Inclusion on the Youth Justice Victims Register
658. Appointment of nominee
659. Person on the Youth Justice Victims Register to be given certain information
660. Confidentiality of information
661. Offence to publish information disclosed under section 659
662. Removal of person from Youth Justice Victims Register
663. Removal of nominee from Youth Justice Victims Register
664. Person on Youth Justice Victims Register may supply information to Youth Parole Board

PART 13.1--TRANSFER DIRECTIONS

Division 1--Preliminary

665. Limitation of Youth Parole Board's consideration of terrorism risk information
666. Entitlement to legal advice prior to transfer application under Division 2 or 4 being heard and determined

Division 2--Transfer from youth justice custodial centre to prison

667. Secretary may apply to Youth Parole Board to transfer child or young person to prison
668. Secretary may apply for transfer of child 18 years of age or over or young person to prison
669. Child or young person may apply for transfer to prison
670. Youth Parole Board must transfer child or young person to prison prior to child or young person turning 25 years of age
671. Transfer of other existing youth justice custodial orders in force at time a transfer direction is given
672. Custody—transfer to prison
673. Parole—transfer to prison

Division 3--Transfer from prison to youth justice custodial centre

674. Child or young person in prison may be transferred to youth justice custodial centre
675. Effect of transfer on sentence
676. Custody—transfer to youth justice custodial centre
677. Parole—transfer to youth justice custodial centre

Division 4--Other directions and general matters

678. Child or young person transferred to prison—default of payment of fine or sum of money
679. Child or young person in youth justice custodial centre sentenced to imprisonment
680. Child or young person in prison sentenced to detention in youth justice custodial centre
681. Transfers unaffected by appeal

PART 13.2--SERVICE OF SENTENCES OF DETENTION AND SENTENCES OF IMPRISONMENT

682. Child or young person in youth justice custodial centre sentenced to term of imprisonment—presumption of concurrent service of sentences
683. Child or young person in prison sentenced to term of detention in youth justice custodial centre—presumption of concurrent service of sentences
684. Serving sentence of detention in youth justice custodial centre and held in custody elsewhere

PART 14.1--MULTI-AGENCY PANELS

685. Secretary may establish multi-agency panels
686. Membership of multi-agency panels
687. Purpose of multi-agency panels
688. Functions of multi-agency panels
689. Who is a MAP eligible child or young person?
690. Cooperation and shared responsibility
691. Chair may assess and accept MAP eligible child or young person for oversight by multi-agency panel
692. Confidentiality of multi-agency panel meetings and information

PART 14.2--HIGH RISK PANEL

693. Commissioner for Youth Justice may establish high risk panel
694. Membership of high risk panel
695. Purpose of high risk panel
696. Functions of high risk panel
697. Cooperation and shared responsibility
698. Assessment for admission to high risk panel
699. Confidentiality of high risk panel meetings and information

PART 15.1--SHARING OF CONFIDENTIAL INFORMATION

700. Application of Part
701. What is an official duty?
702. Who is an official person?
703. Who is an information holder?
704. Request for confidential information from a relevant person
705. Disclosure of confidential information without request
706. Disclosure of confidential information to interstate youth justice agency
707. Disclosure of information for purposes of sentencing
708. Disclosure of confidential information for case management, case planning and service delivery purposes
709. Disclosure to a parent or legal representative
710. Disclosure made in good faith protected
711. No consent required from person to whom confidential information relates
712. Relevant persons and panel members authorised to use and disclose confidential information despite specified provisions
713. Offence for unauthorised disclosure of confidential information
714. Offence for unauthorised use of confidential information

PART 15.2--SHARING OF TERRORISM RISK INFORMATION

715. What is the permitted purpose for disclosing information under this Part?
716. Secretary or Department may disclose terrorism risk information
717. Youth Parole Board may disclose terrorism risk information
718. Strategic plan
719. Publication of prescribed information—operation of youth justice system
720. Obligations in delivery of services in youth justice system
721. Publication of prescribed information—accountability measures to improve outcomes for Aboriginal children and young persons

PART 17.1--PRELIMINARY

722. Application of CAYPINS procedure
723. Certain agencies may give information for enforcement purposes
724. Court may order infringement penalty be dealt with through CAYPINS procedure

PART 17.2--ENFORCEMENT OF INFRINGEMENT NOTICES

725. Enforcement agency to provide documents for registration of infringement penalty
726. Registration of infringement penalty
727. Multiple registered infringement penalties may be dealt with together
728. Extended period for registration if work and development permit cancelled
729. Enforcement agency may request cancellation of registration
730. Notice of registration
731. Child's options
732. Applications concerning extended time to pay registered amount
733. Registrar's enforcement decision
734. Notice of enforcement decision
735. Court review of CAYPINS enforcement order
736. Effect of CAYPINS cancellation order
737. CAYPINS enforcement hearing
738. Effect of orders made under this Part
739. Expiry of CAYPINS enforcement orders and CAYPINS cancellation orders
740. Reinstatement of order made under this Part
741. Service of documents

PART 17.3--CANCELLATION OF INFRINGEMENT NOTICE

742. Cancellation of infringement notice if child not aware
743. Powers of Children's Court to cancel infringement notice

PART 17.4--DECISION TO GO TO COURT

744. Commencing proceeding for summary offence

PART 18.1--ADDITIONAL SAFEGUARDS

745. Statements by child or young person participating in treatment or rehabilitation program not admissible in proceedings
746. Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced
747. Statements by child or young person participating in restorative justice program not admissible in subsequent proceedings

PART 18.2--POWERS IN RELATION TO MEDICAL SERVICES

748. Powers in relation to assessment, medical treatment and admission to hospital

PART 18.3--CULTURAL SUPPORT PLANS FOR ABORIGINAL CHILDREN AND YOUNG PERSONS

749. Objects of cultural support plan
750. Development of cultural support plan
751. Secretary to assist Aboriginal child or young person to develop cultural support plan in accordance with request
752. Record of cultural support plan
753. Use of cultural support plan
754. Report to Commission for Children and Young People

PART 18.4--ESTABLISHMENT, APPROVAL AND ABOLITION OF YOUTH JUSTICE SERVICES

755. Establishment or abolition of youth justice custodial centre
756. Establishment, approval or abolition of youth justice community service centre
757. Approval of services

PART 18.5--MATTERS RELATING TO GROUP CONFERENCES

758. Person engaged to convene group conferences
759. Functions of group conference convenor
760. Remote conduct of or participation in group conference
761. Obligation to keep records
762. Financial assistance for victims of crime

PART 18.6--ENFORCEMENT AND OTHER MATTERS

763. Offence to obstruct Secretary, Commissioner or employee
764. Requirements relating to reporting

PART 18.7--LIMITATION OF THE SUPREME COURT'S JURISDICTION

765. Supreme Court—limitation of jurisdiction

PART 18.8--REGULATIONS

766. Regulations
767. Regulations dealing with transitional matters

PART 19.1--TRANSITIONAL PROVISIONS

768. Definitions
769. Person cannot be held criminally responsible for conduct at 10 or 11 years of age
770. Person must be released from custody for offence committed at 10 or 11 years of age
771. Criminal proceeding on foot
772. Criminal proceeding adjourned for therapeutic treatment order or protection order
773. Conviction or finding of guilt to be set aside
774. Presumption that person cannot be held criminally responsible for conduct at 12 or 13 years of age
775. Power to resolve transitional difficulties in proceeding
776. Regulations dealing with transitional matters—minimum age of criminal responsibility
777. Costs
778. No new entitlement to compensation

PART 19.2--AMENDMENT OF BAIL ACT 1977

779. Definitions
780. Determination in relation to a child

PART 19.3--AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005

781. Definitions
782. Part 5.1 repealed
783. Time limits for filing a charge-sheet
784. Children to be proceeded against by summons
785. Matters to be taken into account
786. Court may make youth residential centre order
787. Rules
788. Schedule 3—Definitions

PART 19.4--AMENDMENT OF COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2012

789. Delegation
790. Definition
791. Section 60 amended

PART 19.5--AMENDMENT OF CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997

792. Definitions
793. Section 38ZG repealed
794. How long does a supervision order last?
795. New section 91 inserted

PART 19.6--AMENDMENT OF CRIMES ACT 1958

Division 1--Conspiracy, incitement, recruitment and complicity

796. Conspiracy to commit an offence
797. New section 321AA inserted
798. New section 321GA inserted
799. Definitions
800. Recruiting a child to engage in criminal activity
801. Child need not engage in conduct or be prosecuted or found guilty of an offence
802. Limitation on prosecution
803. New section 324AB inserted

Division 2--Investigation, fingerprinting and forensic procedures

804. Questioning or investigation of person already held for another matter
805. Fingerprinting of children aged 14 or under
806. Children's Court may order fingerprinting
807. Forensic procedure on child
808. Forensic procedure following the commission of forensic sample offence
809. Forensic procedure following finding of not guilty because of mental impairment

Division 3--Destruction of records

810. New sections 464ZGFC and 464ZGFD inserted

PART 19.7--AMENDMENT OF CRIMINAL PROCEDURE ACT 2009

811. Definitions
812. Commencement of a criminal proceeding in the Magistrates' Court
813. Summons or warrant to be accompanied by charge-sheet and notice when served
814. Contents of preliminary brief
815. Contents of full brief
816. Documents to be provided by police at first mention hearing
817. Summary case conference
818. Contents of hand-up brief
819. Contents of plea brief
820. Powers of court at directions hearing
821. Court may make orders and other decisions before trial
822. Pre-trial orders and other decisions generally binding on trial judge
823. New Division 5 of Part 5.5 inserted
824. Determination of appeal
825. New section 300A inserted
826. Meaning of fresh and compelling evidence

PART 19.8--AMENDMENT OF FAMILY VIOLENCE PROTECTION ACT 2008

827. Contravention of family violence intervention order
828. Contravention of order intending to cause harm or fear for safety
829. Persistent contravention of notices and orders

PART 19.9--AMENDMENT OF FINES REFORM ACT 2014

830. Definitions
831. New section 201C inserted

PART 19.10--AMENDMENT OF INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011

832. Disclosure or provision of information by the IBAC

PART 19.11--AMENDMENT OF INFRINGEMENTS ACT 2006

833. Definitions
834. New Division 4 of Part 16 inserted

PART 19.12--AMENDMENT OF JURY DIRECTIONS ACT 2015

835. Application of Act to criminal proceedings without juries

PART 19.13--AMENDMENT OF OPEN COURTS ACT 2013

836. Other laws restricting or prohibiting publication not affected

PART 19.14--AMENDMENT OF PERSONAL SAFETY INTERVENTION ORDERS ACT 2010

837. Section 18 amended
838. Division 4—Justice Legislation Miscellaneous Amendment Act 2018—statute law revision
839. New Division 6 of Part 13 inserted

PART 19.15--AMENDMENT OF SENTENCING ACT 1991

840. Factors to be considered in determining offender's character

PART 19.16--AMENDMENT OF SPENT CONVICTIONS ACT 2021

841. Definitions
842. Use of criminal record information by law enforcement agencies, courts and tribunals
843. Collection, use and disclosure of criminal record information by Court Services Victoria
844. New Part 4A inserted
845. Regulations

PART 19.16A--AMENDMENT OF SUMMARY OFFENCES ACT 1966

845A. Contravening certain conduct conditions of bail undertakings

PART 19.17--AMENDMENT OF VICTIMS' CHARTER ACT 2006

846. Definition of person adversely affected by crime
847. Definition of victim
848. Objects
849. Nomination of representatives
850. Victims' privacy
851. Information regarding complaints process for persons adversely affected by crime

PART 19.18--AMENDMENT OF YOUTH JUSTICE ACT 2024

852. Definitions
853. Commission for Children and Young People not to prejudice legal proceedings or investigations

PART 19.19--REPEAL OF AMENDING PARTS

854. Repeal of amending Parts

PART 20.1--ADDITIONAL AMENDMENTS TO THE CHILDREN, YOUTH AND FAMILIES ACT 2005

855. New sections 347B and 347C inserted
856. New section 491A inserted

PART 20.2--REPEAL OF THIS CHAPTER

857. Repeal of this Chapter

PART 21.1--GENERAL TRANSITIONAL PROVISIONS

858. Definitions
859. General transitional provision
860. Renumbering
861. References to a superseded provision

PART 21.2--EARLY DIVERSION GROUP CONFERENCES

862. Early diversion group conferences

PART 21.3--CRIMINAL PROCEEDINGS

863. Criminal proceedings and imposition of sentence

PART 21.4--SENTENCING

864. Deferrals of sentence
865. Maximum period of a youth justice custodial order—offences relating to remand centres, youth justice centres and youth residential centres

PART 21.5--YOUTH JUSTICE SERVICES

866. Transitional provision—youth justice custodial centres
867. Transitional provision—youth justice community service centres
868. Transitional provision—services
869. References to remand centres, youth residential centres, youth justice centres and youth justice units
870. References to remand centres, youth residential centres and youth justice centres in Children, Youth and Families Act 2005 and other Acts before the commencement of this Act

PART 21.6--SENTENCES IMPOSED UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005

Division 1--General

871. Definitions
872. Children, Youth and Families Act orders to continue in accordance with Part 5.3 of the Children, Youth and Families Act 2005
873. Revocation of Children, Youth and Families Act order and making of order under this Act
874. Application made or breach proceeding commenced but matter not heard and determined

Division 2--Accountable undertakings

875. CYFA accountable undertakings

Division 3--Good behaviour bonds

876. CYFA good behaviour bonds

Division 4--Probation orders

877. CYFA probation orders—re-offending during period of order
878. CYFA probation orders—revocation and imposition of sentence more severe in the hierarchy
879. CYFA probation orders—special conditions

Division 5--Youth supervision orders

880. CYFA youth supervision orders—re-offending during period of order
881. CYFA youth supervision orders—special conditions
882. CYFA youth supervision orders—judicial monitoring

Division 6--Youth attendance orders

883. CYFA youth attendance orders—special conditions

Division 7--Youth control orders

884. CYFA youth control orders—special conditions
885. CYFA youth control orders—revocation
886. CYFA youth residential centre orders and CYFA youth justice centre orders to be treated as a youth justice custodial order for purposes of this Act

PART 21.7--TRANSITIONAL PROVISIONS--YOUTH PAROLE

887. Transitional provisions—Youth Parole Board and membership of the Board
888. Transitional provisions—decision-making by the Youth Parole Board
889. Transitional provisions—youth parole orders
890. Transitional provisions—cancellation of parole before commencement of section 627
891. Transitional provisions—youth parole officers
892. Transitional provisions—incident reporting, annual reports and eligibility for inclusion on the Youth Justice Victims Register

PART 21.8--TRANSFERS UNDER CHAPTER 13

893. Time spent in a youth residential centre and youth justice centre
894. Application for transfer direction made but not yet determined on the commencement of Chapter 13

PART 21.9--OTHER TRANSITIONAL PROVISIONS

895. Infringement penalties registered under Schedule 3 to the Children, Youth and Families Act 2005 to be dealt with under CAYPINS procedure
896. Application for approval to make change of name application or acknowledgement of sex application made but not yet determined on the commencement of Part 10.6
897. Transitional provision—Commissioner for Youth Justice
898. Transitional provision—appeals

PART 22.1--AMENDMENT OF BAIL ACT 1977

Division 1--Trial of electronic monitoring of children on bail in certain circumstances

899. Definitions
900. Surrounding circumstances
901. All offences—unacceptable risk test
902. Conduct conditions
903. New Part 2A inserted

Division 2--Scheduled offences, unacceptable risk and conduct conditions

903A. All offences—unacceptable risk test
903B. Conduct conditions
903C. New section 30A inserted

Division 3--Examples, revocation and review

903D. All offences—unacceptable risk test
903E. All offences—unacceptable risk test
903F. Application for revocation of bail
903G. Section 32C amended

Division 4--Transitional provisions and technical amendments

904. Transitional provisions
905. Statute law revision
906. References to conditions of bail and bail undertakings

PART 22.2--CONSEQUENTIAL AMENDMENTS TO SURVEILLANCE DEVICES ACT 1999

907. Regulation of installation, use and maintenance of tracking devices

PART 22.3--REPEAL OF THIS CHAPTER

908. Repeal of this Chapter

PART 23.1--AMENDMENT OF APPEAL COSTS ACT 1998

909. Application for indemnity certificate by respondent if the Crown or DPP appeals

PART 23.2--AMENDMENT OF BAIL ACT 1977

910. Definitions
911. Section 3C substituted
912. Power to return accused to youth justice custodial centre
913. Power of bail justice to grant or refuse bail
913A. Offence to commit Schedule 1 offence or Schedule 2 offence while on bail
914. Transitional provisions

PART 23.3--AMENDMENT OF BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996

915. Definitions

PART 23.4--AMENDMENT OF CHILD WELLBEING AND SAFETY ACT 2005

916. Schedule 7—Specified provisions

PART 23.5--AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005

Division 1--Repeals

917. Purposes
918. Definitions
919. Sections 3A and 3B repealed
920. Delegation
921. Parts of Chapter 5 repealed
922. Part 6.2 repealed
923. Section 522A repealed
924. Sections 543 and 544 repealed
925. Reports to which Part applies
926. Divisions 6 and 7 of Part 7.8 repealed
--Divisions 6 and 7 of Part 7.8 of the Children, Youth and Families Act 2005 are repealed.
927. Part 7.9 repealed
928. Sections 585 and 586 repealed
929. Supreme Court—limitation of jurisdiction
930. Regulations
931. Schedule 2 and Schedule 3 repealed

Division 2--Consequential amendments

932. Definitions
933. Role of recognition principles
934. Decision makers to have regard to principles
935. Role of principles
936. Disclosure of information for administrative purposes
937. Report by Secretary
938. Who is a mandatory reporter?
939. Referral to Therapeutic Treatment Board for advice
940. Appeals to be heard in open court
941. President
942. Annual report
943. Jurisdiction of Criminal Division
944. Joint committal proceedings
945. Koori Court (Criminal Division)
946. Jurisdiction of Koori Court (Criminal Division)
947. Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court
948. Circumstances in which Koori Court (Criminal Division) may deal with certain offences
949. Sentencing procedure in Koori Court (Criminal Division)
950. Neighbourhood Justice Division
951. Jurisdiction of Neighbourhood Justice Division
952. Transfer of proceedings
953. Sentencing procedure in Neighbourhood Justice Division
954. Application of Act to other Courts
955. Procedural guidelines to be followed by Court
956. Proceedings to be heard in open court
957. Legal representation
958. Proceedings in which child is required to be legally represented
959. Interpreter
960. Explanation of and reasons for orders
961. Court to have powers of Magistrates' Court
962. Recall and cancellation of warrant
963. Power to adjourn proceeding
964. Restriction on publication of proceedings
965. Certain publications exempted from the restriction on publication of proceedings
966. Certain publications exempted if publication is in relation to sentencing of an adult
967. Principal registrar, registrars and deputy registrars
968. Appointment of Aboriginal elders or respected persons
969. Court register
970. Process
971. Powers of registrar
972. Assignment of duties
973. Performance of duties by judicial registrar
974. Children's Court Clinic
975. Disputed report
976. Confidentiality of reports
977. Rules
978. Rules of court
979. Rules of court—Koori Court (Criminal Division)
980. Practice notes
981. Service of documents
982. Service on parent or child or other person
983. Proof of service
984. Person may cause document to be served
985. Powers of Secretary in relation to medical services and operations
986. Regulations
987. New section 636 inserted

PART 23.6--AMENDMENT OF CIVIL PROCEDURE ACT 2010

988. Application of this Act

PART 23.7--AMENDMENT OF COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 2012

989. Definitions
990. Vulnerable children and young persons
991. Commission may conduct inquiry concerning provision of services
992. Disclosure of information by Secretary
993. New section 60B inserted
994. New section 74 inserted

PART 23.8--AMENDMENT OF CONTROL OF WEAPONS ACT 1990

995. Forfeiture of controlled weapons if infringement notice served

PART 23.9--AMENDMENT OF CORONERS ACT 2008

996. Definitions and reportable death

PART 23.10--AMENDMENT OF CORRECTIONS ACT 1986

997. Sections 6D and 6E amended
998. Sections 9AA and 9A amended
999. Use of reasonable force by staff—police gaols
1000. Legal custody of prisoners and detainees transferred to institutions and designated mental health services
1001. Functions of Board
1002. Young offenders—sentence and non-parole period
1003. Power to restrain detained persons
1004. Search powers
1005. Sections 104DA and 104DB amended
1006. Use of reasonable force by police custody officers
1007. General power to authorise transfers of detained persons
1008. Definitions

PART 23.11--AMENDMENT OF COUNTY COURT ACT 1958

1009. Power to complete matters—judges and reserve judges

PART 23.12--AMENDMENT OF CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997

1010. Definitions
1011. Court may make orders pending investigation into fitness
1012. Definitions
1013. Procedure at special hearings
1014. Warrant to arrest child breaching non-custodial supervision order who leaves Victoria
1015. Contents of report
1016. Victim impact statements
1017. Certificate of available services

PART 23.13--AMENDMENT OF CRIMES ACT 1958

1018. Causing serious injury intentionally
1019. Causing serious injury recklessly
1020. Causing injury intentionally or recklessly
1021. Intimidation of a law enforcement officer or a family member of a law enforcement officer
1022. Care, supervision or authority
1023. Powers of police officer or protective services officer to apprehend offenders
1024. Definitions
1025. Fingerprinting of adults and children aged 15 or above
1026. Fingerprinting of children aged 14 or under
1027. Children's Court may order fingerprinting
1028. Destruction of records
1029. Informed consent
1030. Informed consent—DNA person and their parent or guardian
1031. Forensic procedure following the commission of forensic sample offence
1032. Warrants issued for forensic procedures under section 464ZF or 464ZFAAA
1033. Destruction of identifying information
1034. Safeguards after giving sample
1035. Young person sentenced to life imprisonment
1036. Sentences of imprisonment etc. to be carried out according to law relating to prisons
1037. Amendment of definitions

PART 23.14--AMENDMENT OF CRIMINAL PROCEDURE ACT 2009

1038. Definitions
1039. Time limits for filing a charge-sheet
1040. Court may issue summons or warrant to arrest
1041. Police or public official may issue summons
1042. Procedure before and on committing accused for trial
1043. Court may transfer certain charges to Magistrates' Court or Children's Court
1044. Category A and Category B serious youth offences—transfer
1045. Release from custody on discontinuance of prosecution
1046. Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court
1047. Power to adjourn proceeding
1048. Power to return accused to youth justice custodial centre

PART 23.15--AMENDMENT OF DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981

1049. Adjourned bonds to be given in certain cases
1050. Retention and return of seized items

PART 23.16--AMENDMENT OF EASTLINK PROJECT ACT 2004

1051. Enforcement of infringement penalty
1052. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

PART 23.17--AMENDMENT OF EDUCATION AND TRAINING REFORM ACT 2006

1053. Definitions

PART 23.18--AMENDMENT OF EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958

1054. Definitions

PART 23.19--AMENDMENT OF FAMILY VIOLENCE PROTECTION ACT 2008

1055. Schedule 1—Specified provisions

PART 23.20--AMENDMENT OF FINES REFORM ACT 2014

1056. Definitions
1057. Application for work and development permit
1058. Work and development permit may extend period for commencing proceeding for offence
1059. Part does not apply to children
1060. Person may apply for payment arrangement
1061. Payment arrangement may extend period for commencing a proceeding for offence

PART 23.21--AMENDMENT OF GRAFFITI PREVENTION ACT 2007

1062. Forfeiture of graffiti implements
1063. Return of seized items when no proceedings brought etc.

PART 23.22--AMENDMENT OF INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011

1064. Definitions

PART 23.23--AMENDMENT OF INFRINGEMENTS ACT 2006

1065. Definitions
1066. Infringement offences to which this Act applies
1067. Forms of infringement notice
1068. Late payment
1069. Person may elect to have matter heard in Court or Children's Court
1070. Enforcement agency can refer matter to Court or Children's Court
1071. Withdrawal of infringement notice
1072. Application for internal review
1073. Decision to go to Court
1074. Extension of time for commencement of proceedings if work and development permit cancelled
1075. Payment plans available in certain circumstances
1076. Payment plans may extend period for commencing proceedings for offence

PART 23.24--AMENDMENT OF JUDICIAL COMMISSION OF VICTORIA ACT 2016

1077. Definitions

PART 23.25--AMENDMENT OF JURY DIRECTIONS ACT 2015

1078. Application of Act to criminal proceedings without juries
1079. Jury Directions and Other Acts Amendment Act 2017
1080. Victims and Other Legislation Amendment Act 2018
1081. Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022
1082. Justice Legislation Amendment Act 2023

PART 23.26--AMENDMENT OF MAGISTRATES' COURT ACT 1989

1083. Definitions
1084. Updated references to Department and Secretary
1085. Power to complete matters—magistrates and reserve magistrates
1086. Rules of Court
1087. Extent of jurisdiction
1088. Warrants
1089. Recall and cancellation of warrant
1090. Duplicate warrants
1091. Effect of defect or error in certain warrants
1092. Provisions extend to detention in youth justice centre
1093. Directions in, and authority of, remand warrant
1094. New clause 59A of Schedule 8 inserted

PART 23.27--AMENDMENT OF MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004

1095. Definitions

PART 23.28--AMENDMENT OF MELBOURNE CITY LINK ACT 1995

1096. Application of Infringements Act 2006 or Fines Reform Act 2014 procedure
1097. Extension of time if no actual notice for offence to drive unregistered vehicle in toll zone

PART 23.29--AMENDMENT OF MENTAL HEALTH AND WELLBEING ACT 2022

1098. Definitions
1099. Effect of detention in custody on certain orders
1100. Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances
1101. Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances
1102. Powers of entry
1103. Powers of entry to the premises of a mental health and wellbeing service provider
1104. Construction of references

PART 23.30--AMENDMENT OF MONITORING OF PLACES OF DETENTION BY THE UNITED NATIONS SUBCOMMITTEE ON PREVENTION OF TORTURE (OPCAT) ACT 2022

1105. Meaning of place of detention

PART 23.31--AMENDMENT OF NORTH EAST LINK ACT 2020

1106. Definitions
1107. Section 88 amended
1108. Granting extension of time

PART 23.32--AMENDMENT OF PRISONERS (INTERSTATE TRANSFER) ACT 1983

1109. Definitions

PART 23.33--AMENDMENT OF PRIVACY AND DATA PROTECTION ACT 2014

1110. Definitions

PART 23.34--AMENDMENT OF PUBLIC HEALTH AND WELLBEING ACT 2008

1111. Application to be made before certain enforcement related events

PART 23.35--AMENDMENT OF ROAD SAFETY ACT 1986

1112. Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court
1113. Extension of time if no actual notice for certain traffic infringements
1114. When order takes effect
1115. Traffic infringements
1116. Extension of time to object if no actual notice
1117. Extension of time to lodge statement under section 84BE
1118. Application and modification of Schedule 3 to the Children, Youth and Families Act 2005

PART 23.36--AMENDMENT OF SENTENCING ACT 1991

1119. Definitions
1120. Definitions for purposes of this Part
1121. Sentences
1122. Court may order pre-sentence report
1123. Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
1124. Sentences—whether concurrent or cumulative
1125. Commencement of sentences
1126. Service in a secure custody facility
1127. Heading to Subdivision (4) of Division 2 of Part 3 amended
1128. Youth justice custodial orders
1129. New section 32AA inserted
1130. Sentences to be concurrent unless otherwise directed
1131. Commencement of sentences
1132. Court may reopen proceeding to correct penalties imposed contrary to law
1133. Release by Governor in exercise of royal prerogative of mercy
1134. New section 171A inserted

PART 23.37--AMENDMENT OF SEX OFFENDERS REGISTRATION ACT 2004

1135. Definitions
1136. Sex offender registration order
1137. Definitions
1138. New section 73L inserted

PART 23.38--AMENDMENT OF SOCIAL SERVICES REGULATION ACT 2021

1139. Definitions

PART 23.39--AMENDMENT OF SPENT CONVICTIONS ACT 2021

1140. Definitions
1141. Meaning of custodial term
1142. How length of custodial term to be determined
1143. Restriction on use of spent childhood conviction for law enforcement function
1144. Restriction on use of spent childhood conviction in civil or criminal proceeding

PART 23.40--AMENDMENT OF SUSTAINABLE FORESTS (TIMBER) ACT 2004

1145. Retention and return or forfeiture of certain seized items

PART 23.41--AMENDMENT OF TERRORISM (COMMUNITY PROTECTION) ACT 2003

1146. Definitions
1147. Nature of police detention decisions in relation to children—detention in youth justice custodial centres
1148. Recording of police detention decision
1149. Detention of children in a youth justice custodial centre
1150. Application of Youth Justice Act 2024 to children detained under this Part
1151. Transfer of detained child into legal custody of Chief Commissioner for questioning
1152. Return of child to youth justice custodial centre at end of questioning
1153. Restrictions on contact with other people
1154. Use of identification material
1155. Representations to a nominated senior police officer
1156. Parents or guardians prohibited from disclosing certain information
1157. Preventative detention orders
1158. Nature of preventative detention order
1159. Extension of preventative detention order
1160. Application by detainee for revocation or variation of preventative detention order or prohibited contact order
1161. Application by police for revocation or variation of preventative detention order or prohibited contact order
1162. Arrangement for detainee to be held in youth justice custodial centre
1163. Transfer of detained person into legal custody of Chief Commissioner for questioning
1164. Return of person to place of detention at end of questioning
1165. Restriction on contact with other people
1166. Disclosure offences
1167. Use of identification material

PART 23.42--AMENDMENT OF VICTORIA POLICE ACT 2013

1168. Considerations to be taken into account in authorising the giving of agency photographs

PART 23.43--AMENDMENT OF VICTORIAN INSPECTORATE ACT 2011

1169. Definitions

PART 23.44--AMENDMENT OF WEST GATE TUNNEL (TRUCK BANS AND TRAFFIC MANAGEMENT) ACT 2019

1170. Definitions
1171. Application of Infringements Act 2006, Fines Reform Act 2014 and Children, Youth and Families Act 2005 procedure
1172. Granting extension of time

PART 23.45--AMENDMENT OF WORKER SCREENING ACT 2020

1173. Pending charges
1174. Child-related work

PART 23.46--AMENDMENT OF YOUTH JUSTICE ACT 2024

1175. Meaning of child

PART 23.47--REPEAL OF THIS CHAPTER

1176. Repeal of this Chapter
SCHEDULE 1
ENDNOTES

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