Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 839

After section 198 (where secondly occurring) of the Personal Safety Intervention Orders Act 2010 insert —

" Division 6—Youth Justice Act 2024

        200     Transitional provision—Youth Justice Act 2024—increase in minimum age of criminal responsibility

    (1)     If, immediately before the commencement of Part 1.2 of the Youth Justice Act 2024 , a personal safety intervention order is in force against a respondent who was 10 or 11 years of age on the date that the application for the order was made, the order is, by virtue of this section, taken to be set aside on the commencement of that Part.

Note

"Personal safety intervention order" includes a final order and an interim order—see section 4.

    (2)     To avoid doubt, if a personal safety intervention order is taken to be set aside under this section, the respondent is released from any obligation to comply with the conditions of the order.

        201     Transitional provision—Youth Justice Act 2024—dismissal of application

    (1)     If an application to make, vary, revoke or extend a personal safety intervention order has been made against a child who was 10 or 11 years of age on the date of the making of the application, and that application has not been finally determined immediately before the commencement of Part 1.2 of the Youth Justice Act 2024 , on the commencement of that Part—

        (a)     the court must dismiss the application; and

        (b)     any direction given under section 26(1) requiring the child and any other party to the application to attend a mediation assessment or mediation is of no effect; and

        (c)     any order made under section 53(1) for the Secretary to provide an assessment report in respect of the child is, by virtue of this section, taken to be set aside.

    (2)     As soon as reasonably practicable after an application has been dismissed under subsection (1), the court must notify the child and any other party to the application of the dismissal of that application.

    (3)     Notice under subsection (2) must be given no later than the date on which the application was listed for its next hearing.

        202     Transitional provision—Youth Justice Act 2024—power to resolve transitional difficulties in proceeding

    (1)     A court may make any order it considers appropriate to resolve a difficulty in a proceeding that arises because of the operation of this Division, including any difficulty that arises as a consequence of the dismissal of an application or the setting aside of a personal safety intervention order.

    (2)     An order under subsection (1)—

        (a)     may be made on application of a party to the proceeding or on the court's own initiative; and

        (b)     has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ).

    (3)     This section is repealed on the fifth anniversary of the day on which it comes into operation.".

Part 19.15—Amendment of Sentencing Act 1991