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YOUTH JUSTICE ACT 2024 - SECT 182

Referral to DFFH Secretary—application for therapeutic treatment order

    (1)     The Children's Court may refer the matter of an application for a therapeutic treatment order to the DFFH Secretary for investigation under the Children, Youth and Families Act 2005 if—

        (a)     a child appears as an accused in a criminal proceeding in the Court; and

        (b)     the Court considers that there is prima facie evidence that grounds exist for the making of an application for a therapeutic treatment order in respect of the child.

    (2)     In deciding whether to refer a matter to the DFFH Secretary under subsection (1), the Children's Court must consider—

        (a)     the seriousness of the child's sexually abusive behaviours; and

        (b)     any previous history of sexually abusive behaviours of the child and how those behaviours were addressed; and

        (c)     the particular characteristics and circumstances of the child; and

        (d)     any other matters the Court considers relevant.

Note

See Division 2 of Part 4.6 of the Children, Youth and Families Act 2005 .



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