Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 855

After section 347A of the Children, Youth and Families Act 2005 insert —

        " 347B     Statements by child participating in treatment or rehabilitation program not admissible in proceedings

    (1)     Any statement, confession, admission or information that is made or given by a child for the purposes of assessment for a treatment or rehabilitation program or whilst participating in a treatment or rehabilitation program is not admissible in—

        (a)     a hearing under the Bail Act 1977 ; or

        (b)     any proceeding (whether civil or criminal) other than a proceeding for a support and engagement order under the Terrorism (Community Protection) Act 2003 .

    (2)     Subsection (1) does not apply if the child consents to the use or disclosure of the statement, confession, admission or information referred to in that subsection.

    (3)     In this section—

"treatment or rehabilitation program" means any treatment, rehabilitation or intervention provided under this Chapter that is offered to or undertaken by a child—

        (a)     as part of early intervention or diversion; or

        (b)     after the child is charged with an offence or while the child is on bail or remand; or

        (c)     after the commencement of a proceeding; or

        (d)     while subject to a probation order, a youth supervision order, a youth attendance order or a youth control order or serving a sentence of detention.

        347C     Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced

Any score, assessment or rating related to a child's risk of re-offending derived from an assessment of the child's individual risks and needs conducted after the alleged commission of an offence is not admissible in—

        (a)     a hearing under the Bail Act 1977 ; or

        (b)     any criminal proceeding before the child is sentenced for the offence.".