YOUTH JUSTICE ACT 2024 - SECT 3 Definitions

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YOUTH JUSTICE ACT 2024 - SECT 3

Definitions

(1) In this Act—

"Aboriginal-led early diversion group conference" means an early diversion group conference that is conducted in accordance with the Aboriginal-led early diversion group conference model developed under Part 4.5;

"Aboriginal person" means a person who—

(a) is descended from an Aboriginal person or Torres Strait Islander; and

(b) identifies as an Aboriginal person or Torres Strait Islander; and

"Aboriginal youth justice agency functions and powers "means the functions and powers conferred on the Secretary by or under this Act that are prescribed for the purposes of section 59;

"acknowledgement of sex application" means an application under—

(a) section 30A, 30B, 30E or 30EA of the Births, Deaths and Marriages Registration Act 1996 ; or

(b) a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;

"additional parole conditions" means the additional parole conditions set out in section 633(2);

"Adult Parole Board" means the Adult Parole Board established by section 61 of the Corrections Act 1986 ;

"age" means, in the absence of positive evidence as to age, apparent age;

"appeal", in Chapter 8, includes an application for leave to appeal;

"appeal period", in Chapter 8, means—

(a) the period permitted by or under this Act or any other Act for commencing an appeal under that Chapter; or

(b) if a notice of appeal or notice of application for leave to appeal under that Chapter is filed within that period, the determination of the appeal;

"appellant", in Chapter 8, includes an applicant for leave to appeal;

"appellate court", in Chapter 8, means the County Court or the Supreme Court (whether the Trial Division or the Court of Appeal), as the case requires;

"appropriate enforcement officer", in relation to an infringement notice or an infringement penalty, means—

(a) the enforcement agency; or

(b) a person appointed by the enforcement agency as an appropriate officer for the purposes of the notice or the class of notice; or

"approved dog" means a dog approved in accordance with the regulations for use by a youth justice custodial officer;

"approved service provider" means a person or body approved to provide services under section 757;

"authorised youth justice community worker" means a youth justice community worker authorised under Division 4 of Part 12.2;

"BDM Registrar" means—

(a) the Victorian BDM Registrar; or

(b)an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;

"Category A serious youth offence" means any of the following offences—

(a) murder;

(b) attempted murder;

(d) child homicide;

(e) homicide by firearm;

(f) an offence against any of the following sections of the Crimes Act 1958 —

(i) section 15A (intentionally causing serious injury in circumstances of gross violence);

(ii) section 77B (aggravated home invasion);

(iii) section 79A (aggravated carjacking);

(iv) section 197A (arson causing death);

(v) section 318 (culpable driving causing death);

(g) an offence against any of the following—

(i) section 4B of the Terrorism (Community Protection) Act 2003 ;

(ii) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth;

(iii) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;

(iv) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

"Category B serious youth offence "means an offence against any of the following sections of the Crimes Act 1958 —

(a) section 15B (recklessly causing serious injury in circumstances of gross violence);

(b) section 38 (rape);

(d) section 77A (home invasion);

(e) section 79 (carjacking);

"cautioning police officer", in relation to the giving of a youth caution to a child, means a police officer who is—

(a) of or above the rank of sergeant; or

(b) authorised to give a youth caution to a child by a police officer of or above the rank of sergeant;

"CAYPINS cancellation order" means—

(a) an order made by the registrar of the Children's Court under section 733(3)(g) or (h); or

(b) an order of the Children's Court under section 735(7)(d);

"CAYPINS enforcement order" means—

(a) an order made by the registrar of the Children's Court under section 733(3)(d) , (e) or (f); or

(b) an order of the Children's Court made under section 735(7)(a) or (b);

"CAYPINS procedure" means the procedure set out in Chapter 17;

"CAYPINS time to pay order" means—

(a) an order made by the registrar of the Children's Court under section 732 ; or

(b) an order of the Children's Court made under section 735(7)(c);

"change of name application" means an application under—

(a) section 25 or 26 of the Births, Deaths and Marriages Registration Act 1996 ; or

(b) a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;

"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under the Victoria Police Act 2013 ;

"Chief Health Officer" has the same meaning as in the Public Health and Wellbeing Act 2008 ;

"child" has the meaning given by section 4;

"child safety and wellbeing plan" means a case plan within the meaning of the Children, Youth and Families Act 2005 ;

"Commission for Children and Young People" means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012 ;

"Commissioner for Youth Justice" means the person employed under section 35;

"community service order "means an order referred to in section 263 ;

"confidential information", in Chapter 15, means any of the following—

(a) health information;

(b) personal information;

"contravene", in relation to a condition or a provision of an order or a sentence, includes a failure to comply with that condition or provision;

"contravention report" means a report referred to in section 428 ;

"convenor", in relation to a group conference, means a person contracted or employed to convene the group conference;

"conviction", in Chapter 8, includes a finding of guilt by the Children's Court, whether or not a conviction is recorded;

"core condition" means—

(a) in relation to a good behaviour order, the condition set out in section 247(1); or

(b) in relation to a community service order, the condition set out in section 265(1); or

(d) in relation to a youth supervision and support order, any condition set out in section 276(1); or

(e) in relation to a youth control order, any condition set out in section 283(1) ;

"court liaison officer "means a court liaison officer appointed under section 545 of the Children, Youth and Families Act 2005 ;

"court official" means—

(a) the principal registrar of the Children's Court; or

(b) a registrar or deputy registrar of the Children's Court; or

(d) a judicial registrar; or

(e) any person employed in any of the offices of the Children's Court;

"court register" means the register kept under section 537 of the Children, Youth and Families Act 2005 ;

"criminal act of violence" means any of the following—

(a) an offence that is a Category A serious youth offence;

(b) an offence that is a Category B serious youth offence;

(c) an offence that involves an assault on, or injury or a threat of injury to, a person which is punishable by imprisonment;

(d) a serious sex offence within the meaning of the Serious Offenders Act 2018 ;

(e) an offence against section 21A(1) of the Crimes Act 1958 (stalking);

(f) an offence against section 63 of the Crimes Act 1958 (child stealing);

(g) an offence against section 63A of the Crimes Act 1958 (kidnapping);

(h) an offence against section 77 of the Crimes Act 1958 (aggravated burglary);

(i) an offence against section 319(1) of the Crimes Act 1958 (dangerous driving causing death or serious injury);

(j) an offence against section 61(3) of the Road Safety Act 1986 (failing to stop and render assistance after a motor vehicle accident causing death or serious injury);

(k) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (j);

(l) an offence against the law of another Australian jurisdiction which substantially corresponds to an offence referred to in paragraphs (a) to (k);

"Criminal Division" means the Criminal Division of the Children's Court established under section 504(3)(b) of the Children, Youth and Families Act 2005 and, unless the context otherwise requires, includes—

(a) the Koori Court (Criminal Division). and

(b) the Neighbourhood Justice Division;

"cultural support plan" means a plan developed under section 750 ;

"custodial right "means a right set out in Division 1 of Part 10.2;

"custodial rule "means a rule made by the Commissioner for Youth Justice under section 458;

"dentist" means—

(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law—

(i) to practise in the dental profession (other than as a student); and

(ii) in the dentists division of that profession; or

(b) a person entitled to practise dentistry in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;

"Department" means the Department of Justice and Community Safety;

developmental condition has the meaning given by section 296 ;

"DFFH Secretary" means the Secretary to the Department of Families, Fairness and Housing;

"disability" includes an impairment referred to in section 6(a) ;

"domestic partner "of a person means—

(a) a person who is in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

Note

See subsection (2) in relation to the meaning of registered domestic relationship .

"DPP "has the same meaning as in the Criminal Procedure Act 2009 ;

"early diversion group conference" means a conference convened in accordance with Part 4.4 for a child who is alleged to have committed an offence;

"early diversion group conference order" means an order made by the Children's Court under section 161 that a child participate in an early diversion group conference;

"early diversion outcome plan "means an outcome plan developed in an early diversion group conference;

"enforcement agency", in relation to an infringement notice or an infringement penalty, means—

(a) a person or body authorised by or under an Act to commence a proceeding for the offence for which the notice was issued; or

(b) a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if commencing a proceeding referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or

(d) a prescribed administrative unit; or

(e) a prescribed group of persons;

"extension of time application" means an application under section 150 for an extension of the period within which a proceeding against a child for a summary offence may be commenced;

"family violence" has the same meaning as in the Family Violence Protection Act 2008 ;

"fine" includes any penalty, forfeiture, sum of money and costs ordered to be paid by the person fined and, in Chapter 7—

(a) means a fine imposed under section 249(1); and

(b) includes costs but does not include a sum of money payable by way of restitution or compensation;

"full brief" has the same meaning as in the Criminal Procedure Act 2009 ;

"gender identity" has the same meaning as in the Equal Opportunity Act 2010 ;

"good behaviour order "means an order referred to in section 245(1) ;

"group conference" means any of the following—

(a) an early diversion group conference;

Note

This includes an Aboriginal-led early diversion group conference.

(b) a pre-sentence group conference;

"group conference outcome plan "means an outcome plan included in a group conference report;

"guiding custodial principle" means a guiding principle set out in Part 10.1;

"guiding youth justice principle" means a guiding principle set out in sections 18 to 22 and 24;

"health information" has the same meaning as in the Health Records Act 2001 ;

"health practitioner "means any of the following—

(a) medical practitioner;

(b) dentist;

(d) registered nurse;

"hearing date", in relation to a proceeding, means the date on which the proceeding is listed for hearing;

"hierarchy of options" means the hierarchy of options set out in section 92(1) that a police officer may consider in respect of alleged offending by a child;

"high risk panel" means the panel established under section 693 ;

"information holder" means a person referred to in section 703 ;

"infringement notice" has the same meaning as in the Infringements Act 2006 ;

"infringement offence" has the same meaning as in the Infringements Act 2006 ;

"infringement penalty" has the same meaning as in the Infringements Act 2006 ;

"instalment order" means an order that a fine be paid by 2 or more instalments;

"intellectual disability "has the same meaning as in the Disability Act 2006 ;

"interpreter" means—

(a) an interpreter accredited with the National Accreditation Authority for Translators and Interpreters Limited A.C.N. 008 596 996; or

(b) a competent interpreter;

"isolation", in relation to a child or young person held in custody in a youth justice custodial centre, has the meaning given in section 478 ;

"Isolations Register" means the Isolations Register kept under section 524;

"judicial monitoring report" means a report referred to in section 432;

"judicial registrar "means a judicial registrar of the Children's Court appointed under Part 7.6A of the Children, Youth and Families Act 2005 ;

"Koori Court (Criminal Division)" means the Koori Court (Criminal Division) of the Children's Court established under section 504(3)(c) of the Children, Youth and Families Act 2005 ;

"legal practitioner "means an Australian legal practitioner;

"legal representation "means representation by a legal practitioner;

"magistrate "means a magistrate for the Children's Court and includes—

(a) a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to be a magistrate of the Children's Court under section 507 of the Children, Youth and Families Act 2005 ; and

(b) a person who was formerly the President who is acting under section 12H of the County Court Act 1958 ;

MAP eligible child or young person has the meaning given in section 689;

"medical expert" means a medical practitioner, dentist or psychologist;

"medical matters" includes dental matters and psychological matters;

"medical practitioner" means—

(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or

(b) a person entitled to practise medicine in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;

"medical treatment" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 ;

"mental illness" has the same meaning as in section 3(1) of the Mental Health and Wellbeing Act 2022 ;

"multi-agency panel" means a panel established under section 685 ;

"Neighbourhood Justice Division" means the Neighbourhood Justice Division of the Children's Court established under section 504(3)(d) of the Children, Youth and Families Act 2005 ;

"notice to attend" means a notice served under section 607(1)(b) , (c) or (d) requiring a person to attend a meeting of the Youth Parole Board;

"notice to produce" means a notice served under section 607(1)(a) requiring a person to produce a specified document or other thing to the Youth Parole Board;

"offence involving an assault "means an offence against any of the following sections of the Crimes Act 1958 —

(a) section 15A (intentionally causing serious injury in circumstances of gross violence);

(b) section 15B (recklessly causing serious injury in circumstances of gross violence);

(d) section 17 (recklessly causing serious injury);

(e) section 18 (intentionally or recklessly causing injury);

"offence involving property damage" means—

(a) an offence against section 197 of the Crimes Act 1958 (criminal damage); or

(b) an offence against section 9(1)(c) of the Summary Offences Act 1966 (wilful damage);

"officer in charge", in relation to a police gaol, has the same meaning as in section 104A of the Corrections Act 1986 ;

"official duty", in Chapter 15, means an official duty referred to in section 701;

"official person", in Chapter 15, means a person referred to in section 702;

"Ombudsman" means the person appointed as the Ombudsman under section 3 of the Ombudsman Act 1973 ;

"out of home care" has the same meaning as in the Children, Youth and Families Act 2005 ;

"oversight entity" means—

(a) the Ombudsman; or

(b) the Commission for Children and Young People; or

"panel member", in Chapter 15, means a member of a multi-agency panel or a high risk panel;

"parent", in relation to a child, includes—

(a) the father and mother of the child; and

(b) the spouse of the father or mother of the child; and

(d) any person who has parental responsibility for the child including, unless the context otherwise requires, the DFFH Secretary; and

(e) a person whose name is entered as the parent of the child in the register of births in the Register maintained by the BDM Registrar under Part 7 of the Births, Deaths and Marriages Registration Act 1996 ; and

(f) a person who acknowledges that the person is the father of the child by an instrument of the kind described in section 8(2) of the Status of Children Act 1974 ; and

(g) a person who acknowledges that the person is the non-birth mother of the child by an instrument of the kind described in section 8(2A) of the Status of Children Act 1974 ; and

(h) a person in respect of whom a court has made a declaration or a finding or order that the person is the father, mother or parent of the child;

"parental responsibility", in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children;

"parole period "means the period from a person's release on parole until the end of the period of the person's sentence;

"parole stage group conference" means a conference convened under Part 12.3 for a child or young person who is serving a custodial sentence;

"pat-down search "means a search of a person or of things in the possession or under the control of a person, other than a search conducted by use of an electronic or mechanical device, including—

(a) a search of a person conducted by quickly running the hands over the person's outer clothing; and

(b) for the purposes of paragraph (a), requiring the person to remove—

(i) the person's overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and

(ii) anything else that is conveniently removed by the person;

"payment arrangement" has the same meaning as in the Fines Reform Act 2014 ;

"payment plan" has the same meaning as in the Infringements Act 2006 ;

"penalty reminder notice" has the same meaning as in the Infringements Act 2006 ;

"penalty reminder notice fee" has the same meaning as in the Infringements Act 2006 ;

"performance standards", in relation to a registered Aboriginal youth justice agency, means the performance standards determined under section 47 ;

"period", in relation to detention, includes the total of 2 or more periods, whether cumulative or concurrent;

"permanent care order" has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005 ;

"permitted instrument of restraint" means—

(a) handcuffs (including disposable handcuffs, flex cuffs or handcuff inserts); or

(b) closeting chains; or

(d) a prescribed instrument of restraint (other than a spit hood);

"personal information" has the same meaning as in the Privacy and Data Protection Act 2014 ;

"police custody officer" has the same meaning as in the Victoria Police Act 2013 ;

"police custody officer supervisor" has the same meaning as in the Victoria Police Act 2013 ;

"police gaol "has the same meaning as in the Corrections Act 1986 ;

"police gaol officer", in relation to a police gaol, means—

(a) a police officer; or

(b) a protective services officer; or

(d) a police custody officer supervisor; or

(e) any person authorised under section 9A(1A) of the Corrections Act 1986 ;

"positive development "means positive physical, social, emotional, intellectual, cultural and spiritual development;

"preliminary brief "has the same meaning as in the Criminal Procedure Act 2009 ;

"pre-sentence group conference" means a conference convened in accordance with Part 7.4 for a child who is found guilty of an offence;

"pre-sentence group conference report" means a report referred to—

(a) in Division 4 of Part 9.2;

(b) in relation to an appeal, in Part 8.4

"pre-sentence outcome plan "means an outcome plan developed in a pre-sentence group conference;

"pre-sentence report "means—

(a) a report ordered under section 413, 414 or 415; and

(b) in relation to an appeal, a report ordered under section 355, 356 or 357;

"President "means the President appointed under section 508 of the Children, Youth and Families Act 2005 and includes the Acting President appointed under section 509 of that Act;

"previous pre-sentence report" means—

(a) an earlier pre-sentence report referred to in section 414(2)(a) or 415(2)(a); and

(b) in relation to an appeal, an earlier pre‑sentence report referred to in section 356(2)(a) or 357(2)(a);

"primary carer" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 ;

"principal officer", in relation to an Aboriginal youth justice agency, means the chief executive officer (by whatever name called) of the Aboriginal youth justice agency;

"prison "has the same meaning as in the Corrections Act 1986 ;

"probation order "means an order referred to in section 269(1) ;

"proceeding", in relation to the Children's Court, means any matter in the Children's Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as registrar under Chapter 17;

"process", in relation to the Children's Court, includes witness summons, charge-sheet, summons to answer to a charge, warrant to arrest, remand warrant, search warrant, warrant to seize property, warrant to imprison, warrant to detain in a youth justice custodial centre, warrant of delivery and any process by which a proceeding in the Children's Court is commenced;

"progress report "means a report prepared under section 433;

"prohibited item "means any article or thing which jeopardises or is likely to jeopardise the security of a youth justice custodial centre or the safety of persons in the centre, including—

(a) any firearm, offensive weapon or other article that is capable of being used as a weapon; or

(b) any form of drug other than a drug possessed by a person with the consent of the Commissioner for Youth Justice; or

(d) money; or

(e) any other prescribed article or thing;

"proper venue" has the same meaning as in the Children, Youth and Families Act 2005 ;

"protection application" means an application made to the Children's Court under the Children, Youth and Families Act 2005 for a finding that a child is in need of protection;

"protection order" has the same meaning as it has in the Children, Youth and Families Act 2005 ;

"protective services officer" has the same meaning as in the Victoria Police Act 2013 ;

"psychologist "means—

(a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

(b) a person who is qualified or registered to practise psychology in a place out of Australia under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise;

"public entity" has the same meaning as in the Public Administration Act 2004 ;

"public service body" has the same meaning as in the Public Administration Act 2004 ;

"referring police officer", in relation to a referral to an early diversion group conference, means a police officer who is—

(a) of or above the rank of sergeant; or

(b) authorised to refer a child to an early diversion group conference by a police officer of or above the rank of sergeant;

"registered Aboriginal youth justice agency "means a body registered as an Aboriginal youth justice agency under Part 2.3;

"registered amount" means the amount registered by the registrar of the Children's Court under section 726 or, if that amount is reduced by an enforcement order, that reduced amount;

"registered nurse "means a person who is registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student) and is in the registered nurses division of that profession;

"registrar of the Children's Court" means principal registrar or registrar of the Children's Court;

"registration document" means the document referred to in section 725(1)(a);

"registration certificate" means the certificate referred to in section 725(1)(b);

relevant impairment has the meaning given by section 6 ;

"relevant person", in Chapter 15, means—

(a) an official person; or

(b) an information holder;

"remotely piloted aircraft" includes the controls for the aircraft;

"representative charge" means a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the child;

representatives of the Aboriginal community on justice-related issues means the representatives prescribed under section 26;

"reserve judge "has the same meaning as in the County Court Act 1958 ;

"reserve magistrate" has the same meaning as in the Magistrates' Court Act 1989 ;

restorative condition has the meaning given by section 298 ;

restrictive condition has the meaning given by section 297 ;

"return date", in relation to a proceeding in the Children's Court, means any date on which the proceeding is listed before the Children's Court;

"rolled-up charge" means a charge in an indictment that alleges that the child has committed more than one offence of the same type between specified dates;

"screening search "means a search of a person or of things in the possession or under the control of a person to detect the presence of unauthorised items, other than a search that may involve bodily contact, including—

(a) a search of a person conducted by passing or placing an electronic or mechanical device over, on or in close proximity to the person's outer clothing; and

(b) an examination (including an examination conducted by passing or placing an electronic or mechanical device over, on or in close proximity) of anything worn or carried by the person, including requiring the person to remove—

(i) the person's overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and

(ii) anything else that is conveniently removed by the person; and

"Searches Register" means the Searches Register kept under section 525;

"Secretary "means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

"secretary of the Youth Parole Board "means the person authorised under section 601 to perform the functions of the secretary of the Youth Parole Board;

"Seizure Register "means the Seizure Register kept under section 515;

"sensitive information" has the same meaning as in Schedule 1 to the Privacy and Data Protection Act 2014 ;

"sentence "includes—

(a) the recording of a conviction; and

(b) an order made under Chapter 7, other than—

(i) an order incidental to or preparatory to the making of the order; or

(ii) an order granting bail made under section 259; and

(d) an order made under section 84S or 84T of the Road Safety Act 1986 ;

"sentencing principle" means a principle set out in Part 7.1;

"sex characteristics" has the same meaning as in the Equal Opportunity Act 2010 ;

"sexual orientation" has the same meaning as in the Equal Opportunity Act 2010 ;

"special condition "means any of the following—

(a) a developmental condition;

(b) a restrictive condition;

"special parole condition" means any condition imposed on a youth parole order under section 634;

"specialist assessment report" means a report under Division 2 of Part 9.2;

"spouse "of a person means a person to whom the person is married;

"standard parole conditions" means the standard parole conditions set out in section 632(1);

"supplementary pre-sentence report" means—

(a) a report ordered under section 416; and

(b) in relation to an appeal, a report ordered under section 358 ;

"temporary leave permit" means a permit issued under section 470 ;

"terrorism or foreign incursion offence" means an offence against—

(a) section 4B of the Terrorism (Community Protection) Act 2003 ; or

(b) a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003 ; or

(d) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or

(e) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

terrorism record has the meaning given in section 7;

"terrorism-related order" means—

(a) a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or

(b) a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(c) an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(d) a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ; or

(e) a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ; or

(f) an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ;

terrorism risk information has the meaning given in section 8 ;

"terrorist act" has the same meaning as in the Terrorism (Community Protection) Act 2003 ;

"terrorist organisation "has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;

"therapeutic treatment order" has the same meaning as it has in the Children, Youth and Families Act 2005 ;

"time to pay order" means an order under Division 5 of Part 7.7 that a child be allowed time to pay a fine;

transfer authority means—

(a) a transfer warrant; or

(b) an order under section 563(1); or

(d) a transfer under section 676(1) from a prison to a youth justice custodial centre; or

(e) a transfer order; or

(f) an order made by a court to detain or remand a child in a youth justice custodial centre;

"transfer officer", in Chapter 11, means—

(a) police officer; or

(b) protective services officer; or

"transfer order" means an order under clause 7 of Schedule 1;

"transfer warrant" means a warrant under section 473;

"unclothed search "means a search of a person or of things in the possession or under the control of the person that may include—

(a) requiring the person to remove all of the person's clothes; and

(b) an examination of the person's body (but not of the person's body cavities) and of those clothes;

"Use of Force Register" means the Use of Force Register kept under section 523;

"victim", in relation to an offence or an alleged offence, means a person who has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence or alleged offence;

"victim impact statement "means a statement referred to in section 212;

"Victoria Police" means the body established by section 6 of the Victoria Police Act 2013 ;

"Victorian BDM Registrar "means the person referred to in section 5 of the Births, Deaths and Marriages Registration Act 1996 ;

"visitor", in relation to a youth justice custodial centre, means any person who enters, leaves or remains in a youth justice custodial centre but does not include—

(a) a child or young person held in custody in a youth justice custodial centre; or

(b) a youth justice custodial officer;

"work and development permit" has the same meaning as in the Fines Reform Act 2014 ;

"working day" means—

(a) in relation to a court, a day on which the offices of the court are open; and

(b) in any other case, a day other than—

(i) a Saturday or Sunday; and

(ii) a public holiday within the meaning of the Public Holidays Act 1993 ;

"young person" has the meaning given by section 5;

"youth caution" means a caution given under section 103 ;

"youth control order "means an order referred to in section 280(1) ;

"youth justice community service centre" means a youth justice community service centre established or approved under section 756;

"youth justice community worker "means any person employed or engaged by the Secretary with duties in relation to the case management and supervision of children and young persons who are the subject of criminal proceedings or who are subject to a youth parole order or other order made under this Act, but does not include a youth justice custodial officer;

"youth justice custodial centre "means a youth justice custodial centre established under section 755;

"youth justice custodial officer "means any person employed or engaged in a youth justice custodial centre with duties in relation to ensuring—

(a) the security or stability of the centre; or

(b) the safety and security of any child or young person held in custody in the centre—

and, unless the context otherwise requires, includes the Commissioner for Youth Justice;

"youth justice custodial order "means an order referred to in section 325(1);

"youth justice custodial worker" means a person who is on duty as—

(a) a youth justice custodial officer; or

(b) a youth justice community worker, if the person is employed or engaged by the Secretary in a youth justice custodial centre and that person's duties include duties in relation to children and young persons in the legal custody of the Secretary;

Note

See also subsection (3) for when a youth justice custodial worker is on duty.

youth justice plan has the meaning given by section 288;

youth justice planning meeting has the meaning given by section 289;

"youth justice planning meeting report "means a report prepared—

(a) under section 291; or

(b) in relation to an appeal, under Division 4 of Part 8.4;

"youth justice system" means the collective of persons and bodies responsible for exercising statutory functions under this Act to—

(a) prevent and reduce offending by children and young persons; and

(b) support the positive development of children and young persons;

"Youth Justice Victims Register" means the register established under section 654;

"Youth Parole Board "means the Youth Parole Board referred to in section 592;

"Youth Parole Board annual report" means the annual report required under section 604;

"youth parole order "means an order under section 627;

"youth supervision and support order "means an order referred to in section 273(1);

"youth warning" means a warning given under section 95.

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008 ; and

(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3) For the purposes of the definition of youth justice custodial worker in subsection (1), a youth justice custodial worker is on duty at any time when the youth justice custodial worker is performing a function or exercising a power as a youth justice custodial worker.

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