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YOUTH JUSTICE ACT 2024 - SECT 766

Regulations

    (1)     The Governor in Council may make regulations for or with respect to the following—

        (a)     prescribing forms and particulars in relation to commencing a proceeding against a child who it is presumed cannot commit an offence;

        (b)     prescribing any matter relating to the review of a charge against a child who it is presumed cannot commit an offence;

        (c)     generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

    (2)     The Governor in Council may make regulations for or with respect to the following—

        (a)     prescribing regions of the State for the purposes of Part 5.2 and Division 4 of Part 7.8;

        (b)     the appointment, powers, duties and functions of persons responsible for programs engaged with under youth justice custodial orders, youth parole orders and supervised community-based orders;

        (c)     the conduct, management and supervision of programs engaged with under youth justice supervised bail, youth justice custodial orders, youth parole orders and supervised community-based orders;

        (d)     the appointment, powers, duties and functions of youth justice custodial officers and youth justice community workers;

        (e)     the care, supervision and management of persons in youth justice custodial centres, and youth justice community service centres or otherwise in the legal custody of the Secretary or the Commissioner for Youth Justice;

        (f)     the conduct, management, supervision, safety, stability and security of youth justice custodial centres, youth justice community service centres and any other institutions or places established under this Act or under the control of the Secretary or the Commissioner for Youth Justice;

        (g)     the entitlements of persons held in custody in youth justice custodial centres or of children held in custody in police gaols and other places and the responsibility of the Secretary, the Commissioner for Youth Justice, the Chief Commissioner of Police or any other person with respect to those entitlements;

        (h)     the earnings of a person held in custody in a youth justice custodial centre;

              (i)     the management, security and good order of police gaols and other places in which children are held in custody;

        (j)     particulars and other matters in relation to the use of force, searches and seizures;

        (k)     supervision, observation and other matters in relation to the use of isolation;

        (l)     visits to youth justice custodial centres and searches of visitors;

        (m)     all matters necessary for the management, supervision, safety, stability, security and health of children in respect of whom a supervised community-based order is in force;

        (n)     the variation by the Secretary or the Commissioner for Youth Justice of details relating to the dates and times of attendance at a youth justice community service centre;

        (o)     the conduct and management of group conference programs and group conferences generally, including but not limited to the composition of, or participants in, group conferences, the qualifications of convenors of group conferences and the engagement of persons or organisations in group conferences;

        (p)     prescribing the nature of reasonable directions which may be given by the Secretary or the Commissioner for Youth Justice in relation to supervised community-based orders;

        (q)     prescribing institutions or places in which children remanded in custody by a court or a bail justice may be placed;

        (r)     Division 5 of Part 7.7 (Fines) generally including the following—

              (i)     the matters to be specified in applications or orders made or notices given under that Division;

              (ii)     the manner of making applications for time to pay orders, instalment orders or variations of instalment orders;

              (iii)     the procedure of the Children's Court and of the registrar at the proper venue of the Court under that Division;

              (iv)     securing the attendance of a child before the Children's Court and the production of documents by a child to the Court under that Division;

              (v)     the functions of the registrar at the proper venue of the Children's Court under that Division;

(s)     prescribing the fees, costs and charges payable in respect of the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as a registrar under Chapter 17 (CAYPINS);

        (t)     reports for the purposes of this Act;

        (u)     prescribing forms.

    (3)     Regulations made under this Act may—

        (a)     be of general or limited application;

        (b)     differ according to differences in time, place or circumstance;

        (c)     apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

              (i)     wholly, partially or as amended by the regulations; or

              (ii)     as formulated, issued, prescribed or published at the time the regulations are made, at any time before then or from time to time;

        (d)     apply—

              (i)     at all times or at a specified time; or

              (ii)     throughout the whole of the State or in a specified part of the State; or

              (iii)     as specified in both subparagraphs (i) and (ii);

(e)     confer a discretionary authority on—

              (i)     a specified court official or specified class of court official; or

              (ii)     any specified representatives of the Aboriginal community on justice-related issues or specified class of representatives of the Aboriginal community on justice-related issues; or

              (iii)     any other specified person or other entity or specified class of person or other entity;

        (f)     provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—

              (i)     whether unconditionally or on specified conditions; and

              (ii)     either wholly or to the extent specified in the regulations;

        (g)     impose a penalty not exceeding 10 penalty units for a contravention of the regulations.



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