Youth Justice Act 1992 (Qld)

Youth Justice Act 1992

An Act to provide comprehensively for the laws concerning children who commit, or who are alleged to have committed, offences and for related purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Youth Justice Act 1992.

2   Objectives of Act

The principal objectives of this Act are—

(a)to establish the basis for the administration of juvenile justice; and

(b)to establish a code for dealing with children who have, or are alleged to have, committed offences; and

(c)to provide for the jurisdiction and proceedings of courts dealing with children; and

(d)to ensure that courts that deal with children who have committed offences deal with them according to principles established under this Act; and

(e)to recognise the importance of families of children and communities, in particular Aboriginal and Torres Strait Islander communities, in the provision of services designed to—

(i)rehabilitate children who commit offences; and

(ii)reintegrate children who commit offences into the community.

3   Youth justice principles

(1)Schedule 1 sets out a charter of youth justice principles.

(2)The principles underlie the operation of this Act.

4   Definitions

The dictionary in schedule 4 defines particular words used in this Act.

5   Note in text

A note in the text of this Act is part of the Act.

6   Meaning of criminal history of a child

(1)In this Act, criminal history, of a child, means—

(a)each caution administered to the child for an offence; and

(b)each finding of guilt against the child for an offence, other than a finding of guilt that is set aside or quashed; and

(c)each restorative justice agreement made by the child for an offence; and

(d)all decisions, findings and orders, other than interim orders, made, and actions taken, by a court, Childrens Court judge, Childrens Court magistrate or other judicial officer—

(i)under section 245, 246 or 246A in relation to the child’s contravention of a community based order; or

(ii)under section 247 on an application made by the child or the chief executive in relation to a community based order made against the child; or

(iii)under section 252D, 252E or 252F in relation to the child’s contravention of a supervised release order.

(2)If a child fails to comply with a restorative justice agreement that forms part of the child’s criminal history, the child’s criminal history also includes any action taken by a police officer under section 24(3).

(3)This section applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986.

(4)In this section—

action includes a decision to take no further action.

child—

(a)in relation to a child against whom a community based order has been made, see section 236; and

(b) for a child on release from detention under a supervised release order, see section 252A.

interim order means an order made by—

(a)a magistrate under section 252D(5); or

(b)a court under 252E(3)(c) or (4).

7   Meaning of police officer starting a proceeding

In this Act, mention of a police officer starting a proceeding against a child for an offence includes—

(a)obtaining a warrant for the arrest of a child on a charge for an offence; and

(b)arresting a child for an offence without a warrant.

8   Meaning of serious offence

(1)Subject to subsection (2), in this Act serious offence means—

(a)a life offence; or

(b)an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more.

(2)An offence is not a serious offence if—

(a)it is a relevant offence under the Criminal Code, section 552BA; or

Editor’s note—

Criminal Code, section 552BA (Charges of indictable offences that must be heard and decided summarily)

(b)it is an offence that is the subject of a charge to which the Criminal Code, section 552A or 552B applies; or

Editor’s note—

Criminal Code, section 552A (Charges of indictable offences that must be heard and decided summarily on prosecution election) or 552B (Charges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial)

(c)under the Drugs Misuse Act 1986, section 13, proceedings for a charge for the offence may be taken summarily; or

Editor’s note—

Drugs Misuse Act 1986, section 13 (Certain offences may be dealt with summarily)

(d)under the Drugs Misuse Act 1986, section 14, proceedings for a charge for the offence may be taken summarily.

Note—

Proceedings for a charge for an offence may not be taken summarily under section 14 if the prosecution allegations include an allegation as to a commercial purpose.

Editor’s note—

Drugs Misuse Act 1986, section 14 (Other offences that may be dealt with summarily if no commercial purpose alleged)

(2A)If it is necessary for the purposes of subsection (2) to have reference to the table of excluded offences included in the Criminal Code, section 552BB, a reference in that table to the circumstance that the offender does not plead guilty to an offence is taken to be a reference to a child not admitting to committing the offence.

(3)For the purpose of this section, the type of an offence includes the circumstances in which it is committed.

9   Meaning of court that made order

(1)In this Act, mention of the court that made a particular order on sentence includes, if the order was made by—

(a)the Supreme Court—any sittings of the Supreme Court in its criminal jurisdiction at any place in Queensland; or

(b)the District Court—any sittings of the District Court in its criminal jurisdiction at any place in Queensland; or

(c)a Childrens Court judge—any sittings of a Childrens Court judge at any place in Queensland; or

(d)a Magistrates Court—any Magistrates Court sitting at any place in Queensland; or

(e)a Childrens Court magistrate—any Childrens Court magistrate sitting at any place in Queensland.

(2)Subsection (1) applies even though the court is not constituted by the same judicial officer who made the order originally.

9B   [Repealed]

9C   [Repealed]

9D   [Repealed]

9E   [Repealed]

Part 1C    [Repealed]

Division 1 [Repealed]

Division 2 [Repealed]

Subdivision 1 [Repealed]

Subdivision 2 [Repealed]

Division 3 [Repealed]

Division 4 [Repealed]

Part 2    Special provisions about policing and children

Division 1 Police officer must consider appropriate way to proceed

10   Division does not apply to 2 general ways of proceeding

This division has no effect on—

(a)the charging of a child under the Justices Act 1886, section 42(1A); or

(b)a proceeding on an indictment.

10A   [Repealed]

10B   [Repealed]

10C   [Repealed]

11   Police officer to consider alternatives to proceeding against child

(1)Unless otherwise provided under this division, a police officer, before starting a proceeding against a child for an offence other than a serious offence, must first consider whether in all the circumstances it would be more appropriate to do 1 of the following—

(a)to take no action;

(b)to administer a caution to the child;

(c)to refer the offence to the chief executive for a restorative justice process;

(d)if the offence is a minor drugs offence and the child may be offered a drug diversion warning or the opportunity to participate in a drug diversion assessment program under the Police Powers and Responsibilities Act 2000, chapter 14, part 4, division 5—to offer the child the warning or opportunity in accordance with that division;

(e)if the offence is a graffiti offence and the child may be offered an opportunity to attend a graffiti removal program under the Police Powers and Responsibilities Act 2000, section 379A—to offer the child that opportunity in accordance with that section.

Note—

Because of section 134, a police officer must consider offering the same opportunities for diversion from the court system as apply to a child to a person who committed an offence as a child but is now an adult.

(2)The circumstances to which the police officer must have regard include—

(a)the circumstances of the alleged offence; and

(b)the child’s criminal history and, if the child has been in any other way dealt with for an offence under any Act, the other dealings.

(3)If necessary, the police officer must delay starting the proceeding in order to comply with a requirement under subsection (1) or (2).

(4)If, on complying with subsections (1) and (2), the police officer considers it would be more appropriate to act as mentioned in subsection (1)(a), (b), (c), (d) or (e), then the police officer must do so.

(5)If, on complying with subsections (1) and (2), the police officer considers it would not be more appropriate to act as mentioned in subsection (1)(a), (b), (c), (d) or (e), the police officer may start a proceeding against the child for the offence.

(6)The police officer may take the action mentioned in subsection (1)(a), (b), (c) or (e) even though—

(a)action of that kind has been taken in relation to the child on a previous occasion; or

(b)a proceeding against the child for another offence has already been started or has ended.

(7)Subsection (1) does not prevent a police officer from taking the action mentioned in subsection (1)(a) to (c) for a serious offence.

(8)If the police officer decides to act as mentioned in subsection (1)(a) or (b) in relation to a minor drugs offence, the minor drugs matter the subject of the minor drugs offence is forfeited to the State.

Note—

The Police Powers and Responsibilities Act 2000, chapter 14, part 4, division 5 provides for forfeiting a minor drugs matter on agreeing to an offer under that division.

(9)In this section—

minor drugs matter see the Police Powers and Responsibilities Act 2000, schedule 6.

minor drugs offence see the Police Powers and Responsibilities Act 2000, section 378B.

12   Preferred way for police officer to start proceedings

A police officer starting a proceeding against a child for an offence, other than a serious offence, must start the proceeding by way of complaint and summons or notice to appear, unless otherwise provided under this Act.

13   Police officer’s power of arrest preserved in particular general circumstances

(1)A police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000, section 365(3), without a warrant, to arrest a child for an offence without regard to sections 11 and 12 only if the police officer believes on reasonable grounds—

(a)the arrest is necessary—

(i)to prevent a continuation or a repetition of the offence or the commission of another offence; or

(ii)to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or

(iii)to prevent the fabrication of evidence; or

(iv)to ensure the child’s appearance before a court; or

(b)the child is an adult; or

(c)the child is contravening section 278 or is unlawfully at large.

(2)In deciding for subsection (1)(b) whether the police officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest.

(3)Also, a police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000, section 365(2), without a warrant, to arrest a child without regard to sections 11 and 12.

(4)Also, a police officer may use the police officer’s power of arrest under a warrant issued under the Bail Act 1980 without regard to sections 11 and 12.

(5)To remove any doubt, it is declared that this section does not affect a police officer’s power under the Police Powers and Responsibilities Act 2000, section 365(3), to arrest a child without warrant for a serious offence.

Division 2 Cautioning

14   Purpose of caution

The purpose of this division is to set up a way of diverting a child who commits an offence from the courts’ criminal justice system by allowing a police officer to administer a caution to the child instead of bringing the child before a court for the offence.

15   Police officer may administer a caution

(1)A police officer instead of bringing a child before a court for an offence may administer a caution to the child.

(2)The child is then not liable to be prosecuted for the offence.

16   Conditions for administration of police caution

(1)A police officer may administer a caution to a child for an offence only if the child—

(a)admits committing the offence to the police officer; and

(b)consents to being cautioned.

(2)A police officer who administers a caution, or who requests the administration of a caution under section 17, must, if practicable, arrange to be present at the administration of the caution—

(a)an adult chosen by the child; or

(b)a parent of the child or a person chosen by a parent of the child.

(3)The commissioner of the police service may authorise a police officer who the commissioner considers has sufficient training or experience (authorised officer) to administer cautions.

(4)If a police officer administering a caution is not an authorised officer, the caution must be administered in the presence of an authorised officer.

17   Caution administered by respected person of Aboriginal or Torres Strait Islander community

(1)If a caution is to be administered to a child who is a member of an Aboriginal or Torres Strait Islander community, an authorised officer mentioned in section 16—

(a)must consider whether there is a respected person of the community who is available and willing to administer the caution; and

(b)if a respected person of the community is available and willing to administer the caution—must request the person to administer the caution.

(2)In a proceeding, evidence that a person purported to administer a caution under subsection (1) as a respected person mentioned in the subsection is evidence that the person was a respected person.

18   Caution procedure must involve explanation

(1)A police officer who administers, or requests the administration of, a caution to a child must take steps to ensure that the child and the person present under section 16(2) understand the purpose, nature and effect of the caution, including the effect on the child’s criminal history.

(2)The steps that can be taken include, for example—

(a)personally explaining these matters to the child; and

(b)having some person with training or experience in the cautioning of children give the explanation; and

(c)having an interpreter or other person able to communicate effectively with the child give the explanation; and

(d)supplying an explanatory note in English or another language.

18A   [Repealed]

18B   [Repealed]

18C   [Repealed]

18D   [Repealed]

18E   [Repealed]

18F   [Repealed]

18G   [Repealed]

18H   [Repealed]

18I   [Repealed]

18J   [Repealed]

18K   [Repealed]

18L   [Repealed]

18M   [Repealed]

18N   [Repealed]

18O   [Repealed]

18P   [Repealed]

19   Caution procedure may involve apology to victim

(1)This section applies only after a police officer decides that a caution should be administered to a child for an offence.

(2)The procedure of administering a caution to a child for an offence may involve the child apologising to a victim of the offence if—

(a)the police officer administering, or requesting the administration of, the caution considers that an apology is an appropriate course of action in the particular circumstances of the case; and

(b)the child is willing to apologise; and

(c)the victim is willing to participate in the procedure.

20   Child must be given a notice of caution

(1)If a caution is administered to a child for an offence, the police officer who—

(a)administered the caution; or

(b)under section 17, requested the administration of the caution;

must give the child a notice in a form approved by the commissioner of the police service.

(2)The notice must state—

(a)that a caution was administered to the child; and

(b)the time and date the caution was administered; and

(c)the child’s name; and

(d)the substance of the offence; and

(e)the police officer’s name and rank; and

(f)the place where the caution was issued; and

(g)the names of all persons present when the caution was issued; and

(h)the nature and effect of a caution, including the effect on the child’s criminal history.

(3)In a proceeding, a document purporting to be a notice or copy of a notice is evidence that the child was administered a caution for the offence in the circumstances stated in the notice.

(4)A document mentioned in subsection (3) is not evidence that the child committed the offence.

21   Childrens Court may dismiss charge if caution should have been administered or no action taken

(1)If a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if—

(a)application is made for the dismissal by or on behalf of the child; and

(b)the court is satisfied that the child should have been cautioned instead of being charged or no action should have been taken against the child.

(2)In deciding the application, the Childrens Court may have regard to—

(a)any other cautions administered to the child for any offence; and

(b)whether any previous conference agreements have been made by the child.

(3)If the court dismisses a charge under subsection (1) because the child should have been cautioned, the court may—

(a)administer a caution to the child; or

(b)direct a police officer to administer a caution to the child as directed by the court.

Division 3 Referral for restorative justice process

22   When police officer may refer offence for restorative justice process

(1)This section applies if a child admits committing an offence to a police officer.

(2)Instead of bringing the child before a court for the offence, the police officer may, by written notice given to the chief executive, refer the offence to the chief executive for a restorative justice process.

(3)However, the police officer may make the referral only if—

(a)the child indicates willingness to comply with the referral; and

(b)having regard to the deciding factors, the officer considers—

(i)a caution is inappropriate; and

(ii)a proceeding for the offence would be appropriate if the referral were not made; and

(iii)the referral is a more appropriate way of dealing with the offence than starting a proceeding.

(4)The deciding factors for referring an offence to the chief executive for a restorative justice process are—

(a)the nature of the offence; and

(b)the harm suffered by anyone because of the offence; and

(c)whether the interests of the community and the child would be served by having the offence dealt with under a restorative justice process.

(5)The police officer must inform the child—

(a)generally of the restorative justice process and potential consequences for the child of failing to properly participate in the process; and

(b)that the making of a restorative justice agreement will form part of the child’s criminal history.

(6)If the referral is accepted by the chief executive, the chief executive must give written notice of the acceptance to the police officer and the child.

23   If restorative justice agreement is made as a consequence of referral for restorative justice process

(1)This section applies if—

(a)a police officer refers an offence committed by a child to the chief executive for a restorative justice process; and

(b)a restorative justice agreement is made as a consequence of the referral.

(2)The child is not liable to be prosecuted for the offence unless otherwise provided under this Act.

24   Powers of police officer if referral is unsuccessful or if child contravenes restorative justice agreement

(1)This section applies if a police officer refers an offence committed by a child to the chief executive for a restorative justice process and—

(a)the chief executive returns the referral to the officer under section 32(1); or

(b)the child fails to comply with a restorative justice agreement made as a consequence of the referral.

(2)In considering what further action is appropriate, the police officer must consider—

(a)the matters mentioned in section 11(2); and

(b)any participation by the child in the restorative justice process; and

(c)if a restorative justice agreement was made as a consequence of the referral—anything done by the child under the agreement.

(3)The police officer may—

(a)take no action; or

(b)administer a caution to the child; or

(c)refer the offence to the chief executive for another restorative justice process; or

(d)start a proceeding against the child for the offence.

24A   Childrens Court may dismiss charge if offence should have been referred to restorative justice process

(1)If a child pleads guilty before a Childrens Court to a charge made against the child by a police officer, the court may dismiss the charge instead of accepting the plea of guilty if—

(a)application is made for the dismissal by or on behalf of the child; and

(b)the court is satisfied the offence should have been referred to the chief executive for a restorative justice process under section 22, regardless of whether or not the child admitted committing the offence to the police officer.

(1A)In deciding the application, the Childrens Court may have regard to—

(a)any cautions administered to the child for any offence; and

(b)whether any previous restorative justice agreements have been made by the child.

(2)If the court dismisses the charge, the court may refer the offence to the chief executive for a restorative justice process.

(3)However, the dismissal of the charge does not prevent a police officer restarting a proceeding against the child for the offence or a court sentencing the child for the offence if—

(a)the chief executive returns the referral under section 32(1); or

(b)the child fails to comply with a restorative justice agreement made as a consequence of the referral.

(4)For part 3, the police officer is taken to be the referring authority for a referral made under subsection (2).

(5)If the court decides to—

(a)make an order of dismissal under the Justices Act 1886, section 149 and give the child a certificate of the dismissal; or

(b)give the child a certificate of dismissal under the Criminal Code, section 700;

the court must not give the child the certificate until the child discharges his or her obligations under a restorative justice agreement made as a consequence of the referral.

Division 4 Identifying particulars

25   Application by police officer for permission to take child’s identifying particulars

(1)This section applies if a child has been charged, without being arrested, with an indictable offence or an offence against any of the following Acts that is an arrest offence—

•Criminal Code

•Drugs Misuse Act 1986

•Police Service Administration Act 1990

•Regulatory Offences Act 1985

•Summary Offences Act 2005

•Weapons Act 1990.

(2)A police officer (the applicant) may apply to a Childrens Court magistrate (the court) to have all or any of the identifying particulars of the child taken.

(3)The applicant must give notice of the application to—

(a)the child; and

(b)a parent of the child, unless a parent can not be found after reasonable inquiry; and

(c)the chief executive.

(4)The court may decide the application in the absence of a person mentioned in subsection (3), if the court is satisfied that subsection (3) has been complied with.

(5)On the application—

(a)the applicant and anyone mentioned in subsection (3) is entitled to be heard and to provide evidence; and

(b)the court may act on statements of information and belief.

(6)The court may order the identifying particulars to be taken if it is satisfied, on the balance of probabilities, of all the following facts—

(a)someone has committed the charged offence;

(b)there is evidence of identifying particulars of the offender that are of the same type as the identifying particulars the applicant seeks to have taken from the child;

(c)the child is reasonably suspected of being the offender;

(d)the order is necessary for the proper conduct of the investigation of the offence.

(7)The order must state the investigation for which the order is made.

(8)If the child will not be in custody when the particulars are taken, the order must require the child to report to a police officer at a stated police station between stated hours within 7 days to enable a police officer to take the identifying particulars.

(9)A child must not contravene the order.

Maximum penalty (subject to part 7)—10 penalty units.

(10)If the child will be in custody when the particulars are taken, the order must require the particulars to be taken at the place the child is held in custody.

(11)This section is subject to section 26.

(12)In this section—

charged offence means the offence with which the child is charged or an offence arising out of the same, or the same set of, circumstances.

parent, of a child, includes someone who is apparently a parent of the child.

26   Support person must be present when identifying particulars are taken

(1)In a proceeding for an offence, a court must not admit into evidence against a defendant identifying particulars taken from the defendant under section 25 unless the court is satisfied a support person chosen by the child was present when the identifying particulars were taken.

(2)Subsection (1) does not apply if—

(a)the prosecution satisfies the court there was proper and sufficient reason for the absence of a support person when the particulars were taken; and

(b)the court considers that, in the particular circumstances, the particulars should be admitted into evidence.

(3)This section does not require that a police officer permit or cause to be present when the identifying particulars are taken a person whom the police officer suspects on reasonable grounds—

(a)is an accomplice of the child; or

(b)is, or is likely to become, an accessory after the fact;

for the offence or another offence under investigation.

(4)Also, this section does not require that a police officer permit or cause to be present when the identifying particulars are taken a parent of the child whom the police officer suspects on reasonable grounds is a person against whom the offence under investigation is alleged to have been committed.

(5)This section does not limit the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion.

27   Destruction of identifying particulars taken under court order

(1)Identifying particulars taken from a child under an order under section 25 must be destroyed if the investigation for which the order was made does not result in a sentence order being made.

(2)For subsection (1), the destruction must happen within 7 days of whichever of the following happens last—

(a)if the investigation is for an offence for which a proceeding had started when the order was made and the proceeding ends without a sentence order being made—the end of the proceeding;

(b)if the investigation is for an offence for which a proceeding is started within 28 days after the order is made and the proceeding ends without a sentence order being made—the end of the proceeding;

(c)if the investigation is for an offence for which a proceeding is not started within 28 days of the order—the end of the period of 28 days.

Note—

See the extended meaning of charged offence in section 25.

(3)An applicant who obtains an order to have identifying particulars taken from a child under section 25 must not fail to ensure the particulars are destroyed under this section, unless the applicant has a reasonable excuse for failing to do so.

(4)A failure to comply with subsection (3) may be dealt with as a breach of discipline under the Police Service Administration Act 1990.

28   Division does not limit other provisions

This division does not limit provisions of the Police Powers and Responsibilities Act 2000 authorising the taking of someone’s identifying particulars to the extent to which those provisions apply to a child.

Division 5 Statements

29   Support person must be present for statement to be admissible

(1)In a proceeding for an indictable offence, a court must not admit into evidence against the defendant a statement made or given to a police officer by the defendant when a child, unless the court is satisfied a support person was present with the child at the time and place the statement was made or given.

(2)Subsection (1) does not apply if—

(a)the prosecution satisfies the court there was a proper and sufficient reason for the absence of a support person at the time the statement was made or given; and

Examples—

1There was a reasonable suspicion that allowing a support person to be present would result in an accomplice or accessory of the relevant person taking steps to avoid apprehension.

2A support person was excluded under the Police Powers and Responsibilities Act 2000.

(b)the court considers that, in the particular circumstances, the statement should be admitted into evidence.

(3)This section does not require that a police officer permit or cause to be present when a child makes or gives the statement a person the police officer suspects on reasonable grounds—

(a)is an accomplice of the child; or

(b)is, or is likely to become, an accessory after the fact;

in relation to the offence or another offence under investigation.

(4)This section does not limit the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion.

Part 3    Restorative justice processes

Division 1 Preliminary

30   Object of part

The object of this part is to provide for the use of a restorative justice process for a child who commits an offence.

31   The restorative justice process

(1)This part applies if a police officer or a court (each a referring authority) refers an offence to the chief executive for a restorative justice process.

(2)The restorative justice process is to be a conference.

(3)However, the restorative justice process is to be an alternative diversion program if—

(a)the referral is made by a police officer under section 22 or made by a court under section 24A or 164; and

(b)a conference can not be convened for any reason other than—

(i)the chief executive being unable to contact the child after reasonable inquiries; or

(ii)the child being unwilling to participate in the conference.

32   Returning referrals

(1)The chief executive may, by written notice given to the referring authority, return the referral if—

(a)the chief executive is unable to contact the child after reasonable inquiries; or

(b)the chief executive has made reasonable requirements of the child to attend an interview about the process and the child has failed to attend as required; or

(c)the chief executive considers it necessary for a victim of the offence to participate and the victim does not wish to participate or can not be located after reasonable inquiries; or

(d)during the restorative justice process the child denies committing the offence to the chief executive, a convenor or victim of the offence; or

(e)the chief executive is satisfied that an appropriate restorative justice agreement is unlikely to be made within a time the chief executive considers appropriate; or

(f)the chief executive considers that the referral is unsuitable for a restorative justice process; or

(g)a conference is convened for the referral and the convenor ends the conference without an agreement being made.

(2)The notice must state the reasons for returning the referral, and the reasons may be considered by a court in any later proceeding for sentencing the child for the offence.

(3)The referring authority must make reasonable efforts to inform the child that the referral has been returned.

Division 2 Conferences

33   Object of division

This division provides for the use of a conference to allow a child, who commits an offence, and other concerned persons to consider or deal with the offence in a way that benefits all concerned.

34   Who may participate in conference

(1)The following persons are entitled to participate in the conference—

(a)the child;

(b)the victim;

(c)the convenor;

(d)a representative of the commissioner of the police service;

(e)a parent of the child;

(f)if requested by the child, 1 or more of the following—

(i)the child’s legal representative;

(ii)a member of the child’s family;

(iii)another adult;

(g)if requested by the victim, 1 or more of the following—

(i)the victim’s legal representative;

(ii)a member of the victim’s family;

(iii)another adult;

(h)another person approved by the convenor.

Examples for paragraph (h)—

1a representative of the chief executive

2a person present for the purpose of training, research or education

3for an Aboriginal or Torres Strait Islander child who is from an Aboriginal or Torres Strait Islander community, a respected person of the community or a representative of a community justice group that may be in the community

(2)To ensure that a victim of the offence is informed of his or her entitlement to participate in the conference, the referring authority must give the chief executive contact information for the victims of the offence.

(3)For subsection (1)(h), if the child is an Aboriginal or Torres Strait Islander person from an Aboriginal or Torres Strait Islander community, the convenor must consider inviting to attend the conference either or both of the following—

(a)a respected person of the community;

(b)if there is a community justice group in the community—a representative of the community justice group.

35   Convening conference

(1)The conference may be convened only if—

(a)the child and the convenor attend the conference; and

(b)there is a degree of victim participation in the conference through—

(i)the attendance of the victim or a representative of the victim; or

(ii)the use of pre-recorded communication recorded by the victim for use in the conference; or

(iii)a representative of an organisation that advocates on behalf of victims of crime.

(2)The convenor is responsible for convening the conference and must be independent of the circumstances of the offence.

(3)The conference must be directed towards making a conference agreement.

(4)If the child is not legally represented at the conference, the convenor must ensure the child—

(a)is informed of the right to obtain legal advice; and

(b)has reasonable information about how to obtain legal advice and a reasonable opportunity to do so.

(5)The conference ends when a conference agreement is made or the convenor brings the conference to an end because—

(a)the child fails to attend the conference as required; or

(b)the child denies committing the offence at the conference; or

(c)the convenor concludes a participant’s conduct or failure will result in a conference agreement being unlikely to be made; or

(d)the convenor concludes a conference agreement is unlikely to be made within a time the convenor considers appropriate.

(6)If the conference ends without a conference agreement but the convenor considers it is worthwhile persisting with efforts to make a conference agreement, the convenor may convene another conference.

36   Conference agreement

(1)A conference agreement is an agreement reached at the conference—

(a)in which a child admits committing the offence; and

(b)in which the child undertakes to address the harm caused by the child committing the offence.

(2)The conference agreement must be in the approved form and be agreed to and signed by—

(a)the child; and

(b)the convenor; and

(c)if a representative of the commissioner of the police service participates in the conference—the representative; and

(d)if a victim of the offence participates in the conference—the victim.

Note—

If a court makes a presentence referral, the court must, amongst other things, have regard to the child’s obligations, and anything done by the child, under the conference agreement in sentencing the child for the offence. See section 165(6).

(3)The conference agreement may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court or in a way that contravenes the sentencing principles in section 150.

(4)A copy of the conference agreement must immediately be given to each person who signed the agreement.

(5)To remove any doubt, it is declared that the conference agreement may contain a requirement that the child must comply with outside the State.

Example—

A conference agreement may require the child to perform voluntary work for a charity that is located outside the State.

(6)However, the conference agreement is not evidence that the child committed the offence.

37   Amendment of conference agreement by chief executive

(1)This section applies if the chief executive considers that the conference agreement is or becomes unworkable, including, for example, because compliance with the agreement has become impossible or unsafe.

(2)The chief executive may, if the child agrees, amend the conference agreement to the extent necessary to make the agreement workable.

(3)In deciding how to amend the conference agreement, the chief executive must take reasonable steps to find out, and give effect to, the views of each participant who signed the agreement.

(4)The amended conference agreement replaces the original agreement and takes effect from its amendment by the chief executive.

(5)After amending the conference agreement, the chief executive must make reasonable efforts to give a copy of the amended agreement to each participant who signed the agreement.

Division 3 Alternative diversion programs

38   Alternative diversion program

(1)An alternative diversion program is a program, agreed to by the chief executive and the child, that involves the child participating in any of the following to address the child’s behaviour—

(a)remedial actions;

(b)activities intended to strengthen the child’s relationship with the child’s family and community;

(c)educational programs.

(2)The program must be designed to—

(a)help the child to understand the harm caused by his or her behaviour; and

(b)allow the child an opportunity to take responsibility for the offence committed by the child.

(3)The program may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court or in a way that contravenes the sentencing principles in section 150.

(4)The program must be in writing and be signed by the child.

(5)The chief executive must give the referring authority a copy of the alternative diversion program.

Division 4 General

39   Convenors

(1)A convenor is responsible for convening a conference.

(2)The chief executive may approve appropriately qualified persons as convenors.

(3)A convenor has all the powers—

(a)necessary to perform the responsibilities of a convenor; or

(b)conferred on the convenor under this Act or another Act.

40   [Repealed]

41   Notice of successful completion of restorative justice agreement

If a child discharges his or her obligations under a restorative justice agreement made as a consequence of a restorative justice process, the chief executive must notify the referring authority for the process accordingly.

Part 4    Proceedings generally started by complaint and summons

42   Preferred way of starting proceedings

(1)A proceeding against a child for an offence, other than a serious offence, must be started by way of complaint and summons.

(2)This section does not apply to a police officer.

Note—

The requirement for a police officer to start a proceeding by complaint and summons or notice to appear is dealt with by section 12.

(3)This section does not affect—

(a)the charging of a child under the Justices Act 1886, section 42(1A); or

(b)the arrest of a child for escaping from lawful custody or who is unlawfully at large; or

(c)a proceeding against a child on an indictment.

43   Service of complaint and summons if offender a child

(1)A complaint and summons requiring a child to appear before a court to answer a complaint of an offence must be served on the child a reasonable time before the child is required to appear before the court.

(2)The complaint is also to be served on—

(a)a parent of the child, unless a parent can not be found after reasonable inquiry; and

(b)the chief executive.

(3)A person serving a complaint and summons on a child must do so—

(a)as discreetly as practicable; and

(b)not at or in the vicinity of the child’s place of employment or school, unless there is no other place where service may be reasonably effected.

(4)Subject to the Police Powers and Responsibilities Act 2000, sections 382(3) and 388, this section does not apply to a notice to appear.

(5)In this section—

parent, of a child, includes someone who is apparently a parent of the child.

44   Proof of service of complaint and summons in compliance with this Act

(1)A statement in a deposition made for the purposes of the Justices Act 1886, section 56(3)(b) that the complaint and summons was served as required by this Act is evidence of that fact.

(2)The Justices Act 1886, section 56(5) applies to the deposition.

45   No costs against child for lodgement of complaint and summons

In a proceeding started against a child by complaint and summons, a court must not order the child to pay the cost of lodging the complaint and summons with the clerk of the court.

46   Proceeding in relation to simple offence in absence of child

(1)Subject to subsection (2), a Childrens Court magistrate may hear and determine a proceeding against a child in relation to a complaint and summons for a simple offence in the absence of the child in the way set out in the Justices Act 1886, part 6.

(2)Under subsection (1), the only sentence order a Childrens Court magistrate may make against a child in the child’s absence is an order imposing a fine, and then only if the child has indicated in writing to the court that the child has a capacity to pay a fine of a specified amount that is equal to or greater than the fine ordered to be paid.

Part 5    Bail and custody of children

47   Bail Act 1980 applies

(1)Subject to this Act, the Bail Act 1980 applies in relation to a child charged with an offence.

Note—

Particular provisions of the Bail Act 1980 do not apply in relation to children. See, for example, sections 7, 11, 16 and 16A of that Act.

(2)A review of a sentence order under part 6, division 9 is an appeal for the purposes of the Bail Act 1980.

48   Releasing children in custody in connection with a charge of an offence

(1)This section applies if a court or police officer is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody.

(2)The court or police officer must decide to release the child unless required under this Act or another Act to keep the child in custody or exercising a discretion under this or another Act to keep the child in custody.

Notes—

1See, for example, sections 48AAA(2), 48AE, 48AF and 48A for when a child must not be released from custody.

2See also the Bail Act 1980, section 13 for when only particular courts may grant a person bail.

48AAA    Releasing children in custody—risk assessment

(1)This section applies if a court or police officer is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody.

(2)The court or police officer must decide to keep the child in custody if satisfied—

(a)if the child is released, there is an unacceptable risk that the child will commit an offence that endangers the safety of the community or the safety or welfare of a person; and

(b)it is not practicable to adequately mitigate that risk by imposing particular conditions of release on bail.

(3)Also, the court or police officer may decide to keep the child in custody if satisfied that, if the child is released, there is an unacceptable risk that—

(a)the child will not surrender into custody in accordance with a condition imposed on the release or a grant of bail to the child; or

(b)the child will commit an offence, other than an offence mentioned in subsection (2)(a); or

(c)the child will interfere with a witness or otherwise obstruct the course of justice, whether for the child or another person.

(4)Subsection (5) applies if—

(a)the child is before a court; and

(b)the court has information indicating there may be an unacceptable risk of a matter mentioned in subsection (2) or (3), but does not have enough information to properly consider the matter.

(5)The court may remand the child in custody while further information about the matter is obtained.

48AA    Matters to be considered in making particular decisions about release and bail

(1)This section applies if a court or police officer is making any of the following decisions in relation to a child in custody in connection with a charge of an offence (the alleged offence)—

(a)whether there is an unacceptable risk of a matter mentioned in section 48AAA(2);

(b)whether there is an unacceptable risk of a matter mentioned in section 48AAA(3);

(c)whether to release the child despite being satisfied there is an unacceptable risk of a matter mentioned in section 48AAA(3);

(d)whether to release the child without bail or grant bail to the child;

(e)whether the child has shown cause under section 48AF(2) why the child’s detention in custody is not justified.

(2)The court or police officer must have regard to the following matters of which the court or police officer is aware—

(a)any promotion by the child of terrorism;

(b)any association the child has or has had with a terrorist organisation, or with a person who has promoted terrorism, that the court or police officer is satisfied was entered into by the child for the purpose of supporting the organisation or person—

(i)in the carrying out of a terrorist act; or

(ii)in promoting terrorism.

Note—

See also section 48AB.

(3)Also, if the decision is being made by a court, the court must have regard to the sentence order or other order likely to be made for the child if found guilty.

(4)In making a decision mentioned in subsection (1)—

(a)the court or police officer may have regard to any of the following matters of which the court or police officer is aware—

(i)the nature and seriousness of the alleged offence;

(ii)the child’s criminal history and other relevant history, associations, home environment, employment and background;

(iii)the history of a previous grant of bail to the child;

(iv)the strength of the evidence against the child relating to the alleged offence;

(v)the child’s age, maturity level, cognitive ability and developmental needs;

(vi)whether a parent of the child, or another person, has indicated a willingness to the court or police officer that the parent or other person will do any of the following things—

(A)support the child to comply with the conditions imposed on a grant of bail;

(B)notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail;

(C)notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail;

(vii)if the child is an Aboriginal person or Torres Strait Islander—a submission made by a representative of the community justice group in the child’s community, including, for example, a submission about—

(A)the child’s connection with the child’s community, family or kin; or

(B)cultural considerations; or

(C)considerations relating to programs and services established for offenders in which the community justice group participates;

Note—

See also section 48AC.

(viii)any other relevant matter; and

(b)for a decision mentioned in subsection (1)(d)—the court or police officer may have regard to any of the following—

(ii)the desirability of strengthening and preserving the relationship between the child and the child’s parents and family;

(iii)the desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment;

(iv)the desirability of minimising adverse effects on the child’s reputation that may arise from being kept in custody;

(v)the child’s exposure to, experience of and reaction to trauma;

(vi)the child’s health, including the child’s need for medical assessment or medical treatment;

(vii)for a child with a disability—the disability and the child’s need for services and supports in relation to the disability;

(viii) if the child is an Aboriginal person or Torres Strait Islander—the desirability of maintaining the child’s connection with the child’s community, family and kin;

(ix)if the child is under 14 years—the particular desirability of releasing children under 14 years from custody due to their vulnerability and community expectations that children under 14 years are entitled to special care and protection;

(x)the likely effect that refusal to release the child would have on—

(A)a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or

(B)a person with whom the child is in an informal care relationship; or

(C)if the child is pregnant—the child of the pregnancy.

(5)In deciding whether there is an unacceptable risk of a matter mentioned in section 48AAA(3), the court or police officer may—

(a)consider whether a condition could, under section 52A, be imposed on a grant of bail to the child; and

(b)have regard to the effect on the risk of imposing the condition.

(6)The court or police officer must not decide there is an unacceptable risk of a matter mentioned in section 48AAA(2) or (3), or to refuse to release a child from custody, solely because 1 or both of the following apply—

(a)the child has no apparent family support;

(b)the child will not have accommodation, or adequate accommodation, on release from custody.

(7)In this section—

terrorist organisation see the Criminal Code (Cwlth), section 102.1(1).

48AB    Promotion of terrorism and references to terrorist acts

(1)For section 48AA(2), a person or organisation promotes terrorism if the person or organisation—

(a)carries out an activity to support the carrying out of a terrorist act; or

(b)makes a statement in support of the carrying out of a terrorist act; or

(c)carries out an activity, or makes a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act.

(2)To remove any doubt, it is declared that a reference in section 48AA(2) or subsection (1) to a terrorist act—

(a)includes a terrorist act that has not happened; and

(b)is not limited to a specific terrorist act.

48AC    Representatives of community justice groups must advise of particular matters

(1)This section applies if a representative of a community justice group in a child’s community makes a submission to a court or police officer for section 48AA(4)(a)(vii).

(2)The representative must, if requested by the court or police officer, advise the court or police officer whether—

(a)a member of the community justice group is related to the child or the victim of the offence with which the child has been charged; or

(b)there are circumstances that give rise to a conflict of interest between a member of the community justice group and the child or victim of the offence.

48AD    [Repealed]

48AE    Releasing children whose safety is endangered because of offence

(1)This section applies in relation to a child in custody in connection with a charge of an offence.

(2)A court or police officer must not release the child from custody if satisfied—

(a)the child’s safety would be endangered if the child were released; and

(b)the factors endangering the child’s safety arise from the circumstances of the offence; and

(c)in the circumstances, there is no reasonably practicable way of ensuring the child’s safety other than by keeping the child in custody.

(3)A court or police officer must not decide it is satisfied of the matters mentioned in subsection (2) only because—

(a)the child has no apparent family support; or

(b)the child will not have accommodation, or adequate accommodation, on release from custody.

48AF    Releasing children charged with prescribed indictable offence committed while on release

(1)This section applies in relation to a child in custody in connection with a charge of a prescribed indictable offence if the offence is alleged to have been committed—

(a)while the child was released into the custody of a parent, or at large with or without bail, between the day of the child’s apprehension and the day of the child’s committal for trial for another indictable offence; or

(b)while the child was awaiting trial, or sentencing, for another indictable offence.

(2)A court or police officer must refuse to release the child from custody unless the child shows cause why the child’s detention in custody is not justified.

(3)If a court releases the child, the order releasing the child must state the reasons for the decision.

(4)If a police officer releases the child, the police officer must make a record of the reasons for the decision.

48A   Releasing children found guilty of terrorism offences or subject to Commonwealth control orders

(1)This section applies in relation to a child in custody in connection with a charge of an offence if the child—

(a)has previously been found guilty of a terrorism offence; or

(b)is or has been the subject of a Commonwealth control order.

(2)Despite any other provision of this Act or the Bail Act 1980, a court must not release the child from custody unless the court is satisfied exceptional circumstances exist to justify releasing the child.

(3)In considering whether exceptional circumstances exist to justify releasing the child, the court may have regard to any relevant matter.

(4)If the court releases the child, the order releasing the child must state the reasons for the decision.

(5)This section does not affect the operation of section 48AAA(2) or (3) or 48AE.

48B   Reasons for decisions to keep or remand children in custody

(1)If a court makes an order keeping or remanding a child in custody in connection with a charge of an offence, the order must state the reasons for the decision.

(2)If a police officer decides to keep a child in custody in connection with a charge of an offence, the police officer must make a record of the reasons for the decision.

(3)The keeping or remanding of a child in custody is not unlawful merely because a court or police officer does not comply with subsection (1) or (2).

(4)Subsection (1) is subject to the Bail Act 1980, section 12.

49   When arrested children must be brought before Childrens Court

(1)This section applies if a child is arrested on a charge of an offence and is in custody in connection with the charge.

(2)The child must be brought before the Childrens Court to be dealt with according to law—

(a)as soon as practicable and within 24 hours after the arrest; or

(b)if it is not practicable to constitute the court within 24 hours after the arrest—as soon as practicable on the next day the court can practicably be constituted.

(2A)However, if the child is being detained under the Police Powers and Responsibilities Act 2000, chapter 15, part 2, the child must be brought before the Childrens Court to be dealt with according to law—

(a)as soon as practicable and within 24 hours after the child’s detention under that part ends; or

(b)if it is not practicable to constitute the court within 24 hours after the child’s detention under that part ends—as soon as practicable on the next day the court can practicably be constituted.

(3)This section does not apply if the child is being dealt with in a way mentioned in the Police Powers and Responsibilities Act 2000, section 393(2)(c) or (d) or (3)(b).

50   Dealing with children not brought before Childrens Court in accordance with s 49

(1)This section applies if—

(a)a child is arrested in connection with a charge of an offence and delivered into the custody of a police officer at a place that is a police station, police establishment or watch-house; and

(b)the child is not being detained under the Police Powers and Responsibilities Act 2000, chapter 15, part 2; and

(c)section 49 applies in relation to the child, but the child has not been brought before the Childrens Court in accordance with that section.

(2)The police officer for the time being in charge of the place or, if the place is a watch-house, a prescribed police officer within the meaning of the Bail Act 1980, section 7, must—

(a)give the child a release notice or a notice to appear and release the child from custody under section 51; or

(b)grant bail to the child and release the child from custody under section 52; or

(c)keep the child in custody.

(3)However, if the child is released under the Police Powers and Responsibilities Act 2000, section 379—

(a)subsection (2) does not apply; and

(b)any proceeding against the child for the offence is discontinued even though the child may have been charged with having committed the offence.

(4)Also—

(a)subsection (2) applies subject to sections 48, 48AAA and 48AE; and

(b)a police officer may not, under subsection (2)(a), release the child if the child—

(i)has previously been found guilty of a terrorism offence; or

(ii)is or has been the subject of a Commonwealth control order; and

(c)subsection (2)(b) applies subject to the Bail Act 1980, section 13.

51   Release of child without bail

(1)This section applies if, under section 50, a police officer decides to release a child without bail.

(2)The officer may release the child into the custody of the child’s parents or release the child to go at large.

(3)Before releasing the child, if the officer does not issue and give to the child a notice to appear, the officer must give the child a notice in the approved form (a release notice).

(4)The release notice must set out—

(a)the child’s name; and

(b)the offence or the nature of the warrant on which the child was held in custody; and

(c)the name of the police officer who started the proceeding, or justice who issued the warrant, on which the child was held in custody; and

(d)the court into whose custody the child is required to surrender under the conditions of release; and

(e)the time and place the child is required to surrender into the court’s custody; and

(f)a warning that a warrant will be issued for the child’s arrest if the child fails to surrender into the court’s custody.

52   Conditions of release on bail—generally

(1)This section applies if a court or police officer decides to grant bail to a child who is being held in custody in connection with a charge of an offence.

(2)The court or officer must release the child on the child’s own undertaking, without sureties and without deposit of money or other security, unless the court or officer is satisfied it would be inappropriate in all the circumstances.

(3)If the court or officer does not release the child under subsection (2), the court or officer must consider the conditions for the release of the child on bail in the following sequence—

(a)the release of the child on the child’s own undertaking with a deposit of money or other security of stated value;

(b)the release of the child on the child’s own undertaking with a surety or sureties of stated value;

(c)the release of the child on the child’s own undertaking with a deposit of money or other security of stated value and a surety or sureties of stated value.

52A   Other conditions of release on bail

(1)This section applies if a court or police officer is authorised or required under this Act or another Act to release a child in custody in connection with a charge of an offence.

(2)The court or police officer may impose a condition on the grant of bail to the child, other than a condition under section 52(3) or a condition about appearing before a court or surrendering into custody, only if the court or police officer is satisfied—

(a)there is a risk of the child doing a thing mentioned in section 48AAA(2)(a) or (3); and

(b)the condition is necessary to mitigate the risk; and

(c)the condition does not, having regard to the following matters of which the court or police officer is aware, involve undue management or supervision of the child—

(i)the child’s age, maturity level, cognitive ability and developmental needs;

(ii)the child’s health, including the child’s need for medical assessment or medical treatment;

(iii)for a child with a disability—the disability and the child’s need for services and supports in relation to the disability;

(iv)the child’s home environment;

(v)the child’s ability to comply with the condition; and

(d)the condition does not unduly restrict the child’s ability to carry out the child’s responsibilities for—

(i)a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or

(ii)a person with whom the child is in an informal care relationship; or

(iii)if the child is pregnant—the child of the pregnancy.

Examples of responsibilities—

•transporting a child of the child to an appointment, childcare or school

•attending a medical appointment in relation to a pregnancy

•cultural obligations to a family member

(3)A condition imposed under subsection (2)—

(a)must state the period the condition has effect (the stated period); and

(b)stops having effect at the end of the stated period.

(4)In deciding the stated period for a condition, the court or police officer must—

(a)consider the matters mentioned in subsection (2)(c); and

(b)ensure the stated period is no longer than is necessary to mitigate the risk mentioned in subsection (2)(a).

(5)A police officer must not impose on a grant of bail to the child a condition that the child must wear a monitoring device while released on bail.

Note—

See also section 52AA.

(6)If the child is not an Australian citizen or a permanent resident, the court or police officer must consider imposing a condition under subsection (2) requiring the child to surrender the child’s current passport.

(7)Subsection (2) does not limit the power of a court to impose conditions on a grant of bail under section 151(9).

(8)In this section—

Australian citizen see the Australian Citizenship Act 2007 (Cwlth), section 4.

permanent resident see the Bail Act 1980, section 11(10).

52AA    Court may impose monitoring device condition

(1)A court may, under section 52A(2), impose on a grant of bail to a child a condition that the child must wear a monitoring device while released on bail (a monitoring device condition) if—

(a)the child is at least 15 years; and

(b)the offence in relation to which bail is being granted is a prescribed indictable offence; and

(c)the child—

(i) has previously been found guilty of at least 1 indictable offence; or

(ii)has, in the previous 12 months, been charged with a prescribed indictable offence and the charge—

(A) has not been dealt with by a court, withdrawn or otherwise discontinued; and

(B)does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b); and

(d)the court is in a geographical area prescribed by regulation; and

(e)the child lives in a geographical area prescribed by regulation; and

(f)the court is satisfied, in addition to being satisfied of the matters mentioned in section 52A(2), that imposing the monitoring device condition is appropriate having regard to the following matters—

(i)whether the child has the capacity to understand the condition and any conditions under subsection (2);

(ii)whether the child is likely to comply with the condition and any conditions under subsection (2) having regard to the personal circumstances of the child;

Examples of personal circumstances of a child for subparagraph (ii)—

•whether the child has stable accommodation

•whether the child has the support of a parent or another person to assist with compliance with the conditions

•whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service

•whether the child has access to an electricity supply

(iii)whether a parent of the child, or another person, has indicated a willingness to the court to do any of the things mentioned in section 48AA(4)(a)(vi);

(iv)any other matter the court considers relevant.

Note—

See the Human Rights Act 2019, sections 19, 22, and 25 to 28.

(2)If bail for a child is subject to a monitoring device condition, the court—

(a)must consider making an order that the child be detained in custody until the monitoring device is fitted to the child; and

(b)may impose any other condition the court considers necessary to facilitate the operation of the monitoring device.

Examples of conditions a court may consider necessary to facilitate the operation of a monitoring device required to be worn by a child—

•a condition that requires the child to attend at a stated place to be fitted with the monitoring device

•a condition that requires the child to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order

•a condition that requires the child to permit a police officer to enter stated premises to install equipment necessary for the operation of the monitoring device

•a condition that requires the child to permit a police officer to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order

•a condition that requires the child to comply with a direction given by a police officer that is reasonably necessary for the operation of the monitoring device

(2A)For subsection (2)(a), the child may be detained in custody only for the purpose of fitting the monitoring device and for the least time that is justified in the circumstances.

(3)A court, before it imposes on a grant of bail to a child a monitoring device condition, must order the chief executive to give to the court a report (a suitability assessment report) containing the chief executive’s assessment of the child’s suitability for a monitoring device condition having regard to the matters mentioned in subsection (1)(f).

(4)If the court makes an order under subsection (3), the chief executive must give the court the suitability assessment report—

(a)within the period stated by the court under subsection (3); or

(b)if no period has been stated by the court—as soon as practicable after the order is made.

(5)The court must consider a suitability assessment report given to the court under subsection (4).

(6)If the court, under section 52A(2), imposes on a grant of bail to a child a monitoring device condition and other conditions under subsection (2)(b), the chief executive must make all necessary and convenient arrangements to ensure the imposition of the conditions.

(7)The chief executive may, for the performance of the chief executive’s function under subsection (6)—

(a)ask the commissioner of the police service to fit the monitoring device to, or remove the monitoring device from, the child; and

(b)ask the chief executive (corrective services) to do any of the following—

(i) remotely monitor the monitoring device;

(ii)contact the child on a mobile phone in relation to an alert or notification from the monitoring device;

(iii)give information relating to alerts and notifications from the monitoring device to the chief executive and the commissioner of the police service.

(8)The commissioner of the police service and the chief executive (corrective services) must comply with a request under subsection (7).

(9)The chief executive (corrective services) may delegate a function requested under subsection (7)(b) to a corrective services officer.

(10)This section expires 5 years after the commencement.

(11)In this section—

function includes a power.

prescribed indictable offence means—

(a)a life offence; or

(b)an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, other than an offence against the Drugs Misuse Act 1986, section 9(1) for which the maximum penalty is 15 years imprisonment; or

(c)an offence against any of the following provisions of the Criminal Code—

(i) section 69;

(ii)section 75;

(iii)section 315A;

(iv)section 323;

(v)section 328A;

(vi)section 339;

(vii)section 340, to the extent the offence is not of a type mentioned in paragraph (b);

(viii)section 359;

(ix)section 359E;

(x)section 408A(1), if the offence involves a motor vehicle and the child charged with the offence was allegedly the driver of the motor vehicle;

(xi)section 408A(1) to which section 408A(2) applies;

(xii)section 412, to the extent the offence is not of a type mentioned in paragraph (a) or (b);

(xiii)section 413;

(xiv)section 414.

52B   Reasons for decisions to impose particular conditions

(1)If a court imposes a condition on the grant of bail to a child under section 52A, the order granting bail must state how the condition is intended to mitigate the risk mentioned in section 52A(2)(a).

(2)If a police officer imposes a condition on the grant of bail to a child under section 52A, the police officer must make a record of how the condition is intended to mitigate the risk mentioned in section 52A(2)(a).

53   Granting of bail by audio visual link or audio link

(1)A court may allow anything that must or may be done in relation to the granting of bail to a child to be done over an audio visual link or audio link if the child agrees to the use of the link and the court is satisfied the child has had an opportunity to obtain independent legal advice.

(2)The provisions of the Evidence Act 1977 relating to the use of an audio visual link or audio link in criminal proceedings apply for, and are not limited by, subsection (1).

54   Custody of child pending court appearance

(1)Until brought before a court, a child arrested on a charge of an offence or a warrant issued under this Act who is not released from custody must be held in the custody of—

(a)the commissioner of the police service; or

(b)the chief executive in accordance with arrangements mentioned in subsection (2).

(2)The commissioner of the police service must make arrangements with the chief executive for an arrested child wherever practicable to be placed in a detention centre until brought before a court.

(3)The chief executive must take the action necessary to hold the child in custody in accordance with the arrangements.

55   Court may in all cases release child without bail

(1)If, under this Act or the Bail Act 1980, a court may grant bail to a child and release the child from custody, the court may instead—

(a)release the child into the custody of a parent; or

(b)permit the child to go at large;

without bail.

(2)The release of a child without bail must be subject to a condition that the child surrenders into the custody of the court before which the child is required to appear at the time and place for the time being appointed for the child to do so.

(3)Subsection (1) does not limit the power of a court to grant bail.

56   Custody of child if not released by court

(1)This section applies if—

(a)a court remands a child in custody; and

(b)the child does not remain the prisoner of the court; and

(c)the child is not already in the custody of the chief executive.

(2)The commissioner of the police service must—

(a)take immediate custody of the child; and

(b)deliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3).

Note—

However, subsection (2)(b) stops applying if a child is in custody in a watch-house and the child turns 18 years. See section 276A.

(3)The chief executive must—

(a)notify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and

(b)fulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.

(4)In deciding the date, the chief executive must have regard to the information available to the chief executive about the following matters—

(a)the child’s needs, having regard to—

(i)the child’s age and sex; and

(ii)the child’s cultural background; and

(iii)the child’s historic and current self-harm risk and suicide risk; and

(iv)the child’s medical conditions, if any; and

(v)the child’s physical health and mental health issues, if any; and

(vi)the child’s substance misuse and withdrawal issues, if any; and

(vii)the child’s cognitive capacity; and

(viii) the location and date of the child’s next court appearance; and

(ix)any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and

(x)any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;

(b)if 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a);

(c)the effect the delivery of the child is likely to have on—

(i)the chief executive’s ability to comply with section 263; and

(ii)the chief executive’s ability to fulfil the chief executive’s duties as an employer; and

(iii)the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and

(iv)the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for—

(A)the security and management of watch-houses; and

(B)the safety and wellbeing of people detained in watch-houses.

(5)A failure of the chief executive to provide procedural fairness to the child in deciding the date under subsection (4) does not affect the validity of the decision.

(4A)However, in deciding the date, the chief executive must not have regard to the effect of section 276A.

(6)Subsection (2) does not apply to a person who is an adult being dealt with for an offence committed by the person as a child if, under section 135, the person must be held in a corrective services facility.

(7)Subsection (8) applies to jurisdiction conferred by an Act on a court—

(a)to commit a person to a place of detention (other than a detention centre) pending appearance before a court; and

(b)to give directions to the person in charge of the place.

(8)The jurisdiction is taken, if the person is a child and this section applies, instead to confer jurisdiction on the court to remand the child into the custody of the chief executive and to give directions to the chief executive.

(9)If a court remands a child into the custody of the chief executive under subsection (8), subsection (2) applies to the child.

(10)Subject to subsection (11), the chief executive may keep a child mentioned in subsection (1) who is in the chief executive’s custody in places that the chief executive determines from time to time.

(11)The chief executive can not determine under subsection (10) that a child is to be kept in a prison.

(12)For the purposes of the Human Rights Act 2019, section 43(1), it is declared that this section has effect—

(a)despite being incompatible with human rights; and

(b)despite anything else in the Human Rights Act 2019.

(13)This subsection and subsections (12) and (14) expire on 31 December 2026.

(14)A regulation may postpone the expiry of this subsection and subsections (12) and (13) but can not postpone the expiry for more than 1 year after 31 December 2026.

56A   Temporary transfer of child on remand

(1)This section applies if—

(a)the commissioner of the police service has taken immediate custody of a child under section 56(2)(a); and

(b)the child has not been delivered into the custody of the chief executive under section 56(2)(b); and

(c)the child is in custody in a watch-house.

(2)The chief executive may take the child into the temporary custody of the chief executive for the purpose of enabling the child to participate in activities, programs or services at a specified detention centre for a period on a specified day (the temporary transfer period).

(3)However, the chief executive may take the child into the chief executive’s temporary custody under subsection (2) only if—

(a)the child agrees; and

(b)the commissioner of the police service has agreed in writing.

(4)In deciding whether to take the child into the chief executive’s temporary custody under subsection (2), the chief executive must have regard to—

(a)the matters mentioned in section 56(4); and

(b)the practicality of transporting the child between the watch-house where the child is held in custody and the specified detention centre, including, for example, the distance between the watch-house and the detention centre and the availability of suitable transportation.

(5)If the chief executive takes the child into the chief executive’s temporary custody under subsection (2), the chief executive may ask the chief executive of another department prescribed by regulation to assist with the transportation of the child between the watch-house and the specified detention centre.

(6)The chief executive must return the child to the custody of the commissioner of the police service before the end of the temporary transfer period unless—

(a)both of the following apply—

(i)the chief executive notifies the commissioner of the police service under section 56(3)(a) of the date from which delivery of the child into the chief executive’s custody will be accepted (the formal transfer date);

(ii)the formal transfer date is during the period the child is in the chief executive’s temporary custody under this section; or

(b)unforeseen circumstances reasonably prevent the return of the child to the custody of the commissioner.

Examples of unforeseen circumstances—

•a natural disaster prevents travel between the detention centre and the watch-house

•the child requires urgent medical treatment and must stay in hospital

(7)If the child is not returned to the custody of the commissioner of the police service under subsection (6)(b), the chief executive must—

(a)inform the child and the commissioner as soon as reasonably practicable of the unforeseen circumstances and when the chief executive expects to return the child to the custody of the commissioner of the police service; and

(b)return the child to the custody of the commissioner as soon as reasonably practicable unless—

(i)the chief executive notifies the commissioner under section 56(3)(a) of the date from which delivery of the child into the chief executive’s custody will be accepted (also the formal transfer date); and

(ii)the formal transfer date is before the child could be returned to the custody of the commissioner because of the unforeseen circumstances.

(8)While the child is in the chief executive’s temporary custody under this section, the child is taken to be detained in custody in the specified detention centre.

(9)To remove any doubt, it is declared that the temporary transfer of custody of a child by the commissioner of the police service to the chief executive under this section does not constitute delivery of the child into the chief executive’s custody under section 56(3).

57   Warrant for arrest of child who fails to appear after release without bail

Subject to this Act, the provisions of the Bail Act 1980 relating to the issue of warrants for the arrest of defendants who fail to surrender into the custody of the court before which they were required to appear after being permitted to go at large without bail apply to a child who fails to appear after being released into the custody of a parent, or permitted to go at large, without bail.

58   Custody of child arrested on court warrant

If, under an Act, a court issues or orders the issue of a warrant for the arrest of a child (other than a warrant for the commitment of a child to a detention centre) it must order the commissioner of the police service to have the child promptly brought before a court to be dealt with according to law.

59   Childrens Court judge may grant bail

(1)Subject to this part, a Childrens Court judge may—

(a)grant bail to a child held in custody on a charge of an offence; or

(b)enlarge, vary or revoke bail granted to a child in, or in connection with, a criminal proceeding within the meaning of the Bail Act 1980;

whether or not the child has appeared before the Childrens Court judge in, or in connection with, the offence or criminal proceeding.

(2)Subsection (1)(a) applies even if the child has previously been refused bail by the Childrens Court.

(3)Despite the Bail Act 1980, section 13(1), a Childrens Court judge may grant bail to a child in relation to whom that section applies.

(4)This section does not limit the power a court or person ordinarily has to grant, enlarge, vary or revoke bail.

424   Application of s 210A to child sentenced to detention before commencement

Section 210A applies to a child who—

(a)before the commencement, was sentenced to serve a period of detention in a detention centre; and

(b)on the commencement, is held in a watch-house by the commissioner of the police service under section 210(2).

425   Application of amended pt 8, div 2A

Subject to sections 426 to 428, amended part 8, division 2A applies in relation to a detainee—

(a)whether the detainee started to be detained before or after the commencement; or

(b)whether the detainee started to be remanded in custody before or after the commencement.

426   Continued application of former pt 8, div 2A—existing directions and notices

(1)This section applies if—

(a)before the commencement, the chief executive—

(i)gave a prison transfer direction to a person under section 276C as in force before the commencement; or

(ii)gave a person a prison transfer notice under section 276H as in force before the commencement; and

(b)immediately before the commencement, the person is detained in a detention centre.

(2)Former part 8, division 2A continues to apply in relation to the person, as if the amending Act had not been enacted.

427   Continued application of former pt 8, div 2A—existing court orders

(1)This section applies if—

(a)before the commencement, a court decided an application in relation to a person under section 276D as in force before the commencement; and

(b)immediately before the commencement, the person is detained in a detention centre.

(2)Former part 8, division 2A continues to apply in relation to the person as if the amending Act had not been enacted.

428   Continued application of former pt 8, div 2A—existing court applications

(1)This section applies if, before the commencement—

(a)an application to a court for a temporary delay under section 276D, as in force before the commencement, had been started but not decided; or

(b)an application to the Childrens Court for a review under section 276DB or section 276J, as in force before the commencement, had been started but not decided.

(2)The court may continue to hear, and decide, the application under former part 8, division 2A as if the amending Act had not been enacted.

Division 25 Transitional provisions for Making Queensland Safer Act 2024

429   Definitions for division

In this division—

amending Act means the Making Queensland Safer Act 2024.

former, for a provision of this Act, means the provision as in force immediately before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

430    Application of new pt 6, div 11

New part 6, division 11, subdivision 3 applies in relation to an offender from the commencement, whether the offence for which the offender is charged was committed before or after the commencement.

431    Application of former ss 135 and 136 for person detained in detention centre before commencement

(1)This section applies if, immediately before the commencement, an offender is serving a term of imprisonment, or is being held on remand, in a detention centre under former section 135(3) or 136(2).

(2)New part 8, division 2A applies in relation to the offender as if the offender had turned 18 years on the commencement.

432    Applications made under former s 139 before commencement

(1)This section applies if—

(a)before the commencement, an application to be held in a detention centre was made under former section 139; and

(b)immediately before the commencement the application was not decided.

(2)On the commencement, the application lapses.

433   Application of new pt 7 and sch 1

(1)New part 7, other than new sections 210 and 256A, and new schedule 1 apply in relation to an offence only if the offence was committed after the commencement.

(2)Despite the amending Act, former part 7 and former schedule 1 apply in relation to an offence committed before the commencement.

(3)New section 256A applies in relation to an offence whether committed before or after the commencement.

434   Application of Criminal Code, s 305

(1)This section applies for the purpose of applying the Criminal Code, section 305(2) and (3) (the Code provisions) to a child under section 175A(7) of this Act.

(2)The court, in applying the Code provisions, may have regard to an offence of murder that was committed before the commencement, whether the conviction or sentence for the murder happened before or happens after the commencement.

(3)Subsection (2) applies even if the offence of murder is an offence—

(a)for which the court is also sentencing the child; or

(b)that the court is taking into account on the sentence of the child.

435    Application of new pt 8, div 2A

(1)Subject to sections 436 and 437, new sections 56 and 210 and new part 8, division 2A apply—

(a)in relation to a person mentioned in section 276A(1) whether the person started to be in the custody of the commissioner of the police service before or after the commencement; and

(b)in relation to a person mentioned in section 276B(1), whether the person was sentenced to the period of detention before or after the commencement; and

(c)in relation to a person mentioned in section 276C(1), whether the person started to be detained or remanded in custody before or after the commencement.

(2)If a person mentioned in subsection (1) turned 18 years before the commencement, for applying new part 8, division 2A, the person is taken to have turned 18 on the commencement.

436    Continued application of former pt 8, div 2A for existing decisions by chief executive about prison transfer notices

(1)This section applies if—

(a)before the commencement, the chief executive had given a detainee—

(i)a notice of a decision to temporarily delay giving, or not to give, the detainee a prison transfer notice under former section 276D(2); or

(ii)a prison transfer notice under former section 276F; and

(b)for a notice mentioned in paragraph (a)(i)—the date specified in the notice occurs after the commencement; and

(c)immediately before the commencement—the detainee is detained in a detention centre.

(2)Former part 8, division 2A continues to apply in relation to the person as if the amending Act had not been enacted.

437    Continued application of former pt 8, div 2A for existing court applications

(1)This section applies—

(a)if—

(i)before the commencement, an application to a court for a temporary delay under former section 276P had been made; and

(ii)immediately before the commencement the court had not decided the application; or

(b)if—

(i)before the commencement, an application to the Childrens Court for a review of the chief executive’s decision under former section 276T had been made; and

(ii)immediately before the commencement the court had not decided the application.

(2)The court may continue to hear and decide the application under former part 8, division 2A as if the amending Act had not been enacted.

(3)Former part 8, division 2A continues to apply in relation to the person to whom the decision under subsection (2) relates as if the amending Act had not been enacted.

438   Admissibility and use of childhood criminal histories in sentencing adults

(1)This section applies in relation to a proceeding against an adult for an offence.

(2)The former Act applies to a proceeding for an appeal from a sentence that happened before the commencement.

(3)Subject to subsection (2) and section 438A, the new Act applies in relation to a proceeding for an offence—

(a)whether the proceeding was started before, or is started after, the commencement of this section; or

(b)whether the offence was committed before, or is committed after, the commencement of this section.

(4)In this section—

former Act means this Act as in force immediately before the commencement of the amending Act, part 4, division 3.

new Act means this Act as in force from the commencement of the amending Act, part 4, division 3.

438A    Admissibility of childhood findings of guilt against an adult for particular purposes

(1)New section 148B applies to a proceeding before a court in relation to an offence under the Criminal Code, section 328A only if the offence is committed after the commencement.

(2)In this section—

new section 148B means section 148B as in force from the commencement of the amending Act, part 4, division 3.

438B    Application of new s 150

(1)New section 150(3)(e) and (8A) applies in relation to the sentencing of a child for an offence—

(a)whether the offence was committed before, or is committed after, the commencement of this section; or

(b)whether the finding of guilt against the child for the offence occurred before or after the commencement of this section.

(2)In this section—

new section 150(3)(e) and (8A) means section 150(3)(e) and (8A) as in force from the commencement of the amending Act, part 4, division 3.

438C    Application of new s 150A

(1)New section 150A(2)(c)(i) and (3)(e) applies in relation to the sentencing of a child for a prescribed indictable offence—

(a)whether the offence was committed before, or is committed after, the commencement of this section; or

(b)whether the finding of guilt against the child for the offence occurred before or after the commencement of this section.

(2)In this section—

new section 150A(2)(c)(i) and (3)(e) means section 150A(2)(c)(i) and (3)(e) as in force from the commencement of the amending Act, part 4, division 3.

439   Criminal histories

(1)In new section 6—

(a)a reference to a caution does not include a caution administered to a child before the commencement; and

(b)a reference to a finding of guilt includes a finding of guilt against a child that occurred before the commencement to the extent the finding of guilt formed part of the child’s criminal history under former section 154; and

(c)a reference to a restorative justice agreement does not include a restorative justice agreement—

(i)made by a child before the commencement; or

(ii)made by a child on or after the commencement as a consequence of a referral of an offence for a restorative justice process that was made before the commencement; and

(d)a reference to a decision, finding, order or action of a court, Childrens Court judge, Childrens Court magistrate or other judicial officer—

(i)in relation to a community based order for a child, includes a decision, finding or order made, or action taken, under former section 245, 246, 246A or 247 before the commencement; or

(ii)in relation to a child’s contravention of a supervised release order, does not include a decision, finding or order made, or action taken, under former section 252D, 252E or 252F before the commencement.

(2)New section 6 applies in relation to a person—

(a)whether the person is a child or an adult on the commencement; and

(b)whether an offence committed by the person as a child was committed before, or is committed after, the commencement of this section; and

(c)whether a proceeding for an offence against the person as a child was started before, or is started after, the commencement of this section.

(3)For applying section 11 of the Act in relation to a child after the commencement, a reference to a child’s criminal history is taken to include any previous cautions administered to the child for an offence.

(4)In this section—

new section 6 means section 6 as in force from the commencement.

440    Release of information to eligible persons

New part 8, division 7 applies in relation to detainee information about a child whether the violent offence or sexual offence for which the child has been detained was committed before or after the commencement.

441   Transitional regulation-making power

(1)A regulation (a transitional regulation) may make provision about a matter for which—

(a)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of the former provisions of this Act to the operation of the new provisions of this Act; and

(b)this Act does not provide or sufficiently provide.

(2)A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.

(3)A transitional regulation must declare it is a transitional regulation.

(4)This section and any transitional regulation expire on the day that is 1 year after the day this section commences.

Division 26 Transitional provision for Making Queensland Safer (Adult Crime, Adult Time) Amendment Act 2025

442   Application of new s 175A

Section 175A, as amended by the Making Queensland Safer (Adult Crime, Adult Time) Amendment Act 2025, applies in relation to an offence only if the offence was committed after the commencement.

Schedule 1 Charter of youth justice principles

section 3

1The community should be protected from offences and, in particular, recidivist high-risk offenders.

2A child who commits an offence should be held accountable in a way that recognises the impact of the child’s offending on any victim of that offending.

3The youth justice system should uphold the rights of children, keep them safe and promote their physical and mental wellbeing.

4A child being dealt with under this Act should be—

(a)treated with respect and dignity, including while the child is in custody; and

(b)encouraged to treat others with respect and dignity, including courts, persons administering this Act and other children being dealt with under this Act.

5Because a child tends to be vulnerable in dealings with a person in authority, a child should be given the special protection allowed by this Act during an investigation or proceeding in relation to an offence committed, or allegedly committed, by the child.

6If a child commits an offence, the child should be treated in a way that diverts the child from the courts’ criminal justice system, unless the nature of the offence and the child’s criminal history indicate that a proceeding for the offence should be started.

7A child being dealt with under this Act should have procedures and other matters explained to the child in a way the child understands.

8If a proceeding is started against a child for an offence—

(a)the proceeding should be conducted in a fair, just and timely way; and

(b)the child should be given the opportunity to participate in and understand the proceeding; and

(c)the proceeding should be finalised as soon as practicable.

9The youth justice system should give priority to proceedings for children remanded in custody.

10A child who commits an offence should be—

(a)held accountable and encouraged to accept responsibility for the offending behaviour; and

(b)dealt with in a way that will give the child the opportunity to develop in responsible, beneficial and socially acceptable ways; and

(c)dealt with in a way that strengthens the child’s family; and

(d)dealt with in a way that recognises the child’s need for guidance and assistance because children tend to be dependent and immature.

11A victim of an offence committed by a child should be given the opportunity to participate in the process of dealing with the child for the offence in a way allowed by the law.

12A parent of a child should be encouraged to fulfil the parent’s responsibility for the care and supervision of the child, and supported in the parent’s efforts to fulfil this responsibility.

13A decision affecting a child should, if practicable, be made and implemented within a timeframe appropriate to the child’s sense of time.

14A person making a decision relating to a child under this Act should consider the child’s age, maturity and, where appropriate, cultural and religious beliefs and practices.

15If practicable, a child of Aboriginal or Torres Strait Islander background should be dealt with in a way that involves the child’s community.

16Programs and services established under this Act for children should—

(a)be culturally appropriate; and

(b)promote their health and self respect; and

(c)foster their sense of responsibility; and

(d)encourage attitudes and the development of skills that will help the children to develop their potential as members of society.

17A child being dealt with under this Act should have access to legal and other support services, including services concerned with advocacy and interpretation.

18A child should be dealt with under this Act in a way that allows the child—

(a)to be reintegrated into the community; and

(b)to continue the child’s education, training or employment without interruption or disturbance, if practicable; and

(c)to continue to reside in the child’s home, if practicable.

19A child detained in custody should only be held in a facility suitable for children.

20While a child is in detention, contacts should be fostered between the child and the community.

21A child who is detained in a detention centre under this Act—

(a)should be provided with a safe and stable living environment; and

(b)should be helped to maintain relationships with the child’s family and community; and

(c)should be consulted about, and allowed to take part in making, decisions affecting the child’s life (having regard to the child’s age or ability to understand), particularly decisions about—

(i)the child’s participation in programs at the detention centre; and

(ii)contact with the child’s family; and

(iii)the child’s health; and

(iv)the child’s schooling; and

(d)should be given information about decisions and plans about the child’s future while in the chief executive’s custody (having regard to the child’s age or ability to understand and the security and safety of the child, other persons and property); and

(e)should be given privacy that is appropriate in the circumstances including, for example, privacy in relation to the child’s personal information; and

(f)should have access to dental, medical, therapeutic and disability services necessary to meet the child’s needs; and

(g)should have access to education appropriate to the child’s age and development; and

(h)should receive appropriate help in making the transition from being in detention to independence.

Example for paragraph (h)—

help in gaining access to training or finding suitable employment

Schedule 2 Regulation-making power

section 314(2) of this Act

1The form of an attendance notice, all matters relating to the operation of attendance notices in the place of complaints and summons.

2All matters concerning conferences, including—

(a)convening of a conference; and

(b)reports to be given by the chief executive or convenor; and

(c)time for completing a conference; and

(d)regulating contents of conference agreements; and

(e)keeping of names of persons approved as conference convenors and information about conferences; and

(f)functions of the chief executive and convenors not otherwise expressed in this Act.

3Matters to be included in pre-sentence reports.

4Forms, conditions, requirements, duties, functions and powers relating to orders made under part 7.

5The standards, management, control and supervision of probation orders, community service orders, intensive supervision orders and conditional release orders.

6Standards, management, control and supervision of detention centres.

7Maintenance of good order and discipline within detention centres.

8Conditions for the release of children from detention centres.

9Medical services to children in detention.

10Searches of children and their possessions in detention centres.

11Matters relating to the breach, revocation or variation of orders made under this Act.

12Penalties for a contravention of a regulation of not more than 20 penalty units.

Schedule 3 [Expired]

Schedule 4 Dictionary

section 4

adult ...

adult offence, for part 6, division 11, see section 132.

adversely affected, for a detention centre, for part 9A, see section 301F(1) and (2).

alternative diversion program see section 38.

applicant, for part 8, division 7, see section 282BA(1).

approved form see section 306.

approved provider, for part 7, division 3, see section 171.

arrest includes apprehension and taking into custody.

arrest offence means—

(a)an offence of a type for which the offender may be arrested without warrant; or

(b)an offence committed in circumstances where the offender may be arrested without warrant.

attend, for part 7, division 3, see section 167.

attendance notice ...

bail means bail as prescribed by the Bail Act 1980.

body-worn camera see the Police Powers and Responsibilities Act 2000, section 609A(5).

boot camp centre ...

boot camp centre provider ...

boot camp order ...

boot camp program ...

boot camp (vehicle offences) order ...

breach of duty ...

caution see part 2, division 2.

chief executive ...

chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.

chief executive (corrective services) means the chief executive of the department in which the Correctives Services Act 2006 is administered.

child ...

child, for part 7, division 2, see section 161.

child advocacy officer means a person appointed as a child advocacy officer under the Public Guardian Act 2014.

child charged with an offence, for part 9, division 2A, see section 297E.

child offence, for part 6, division 11, see section 132.

Childrens Court judge includes the Childrens Court when constituted by a Childrens Court judge or a District Court judge.

Childrens Court magistrate includes the Childrens Court when constituted by a Childrens Court magistrate, stipendiary magistrate or justices.

child’s community means the child’s Aboriginal or Torres Strait Islander community, whether it is—

(a)an urban community; or

(b)a rural community; or

(c)a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.

commission ...

Commissioner ...

committal proceeding means a proceeding before a justice taking an examination of witnesses in relation to a charge of an indictable offence.

Commonwealth control order means a control order as defined in the Criminal Code (Cwlth), section 100.1(1).

community based order means a probation order, graffiti removal order, community service order, intensive supervision order, conditional release order or restorative justice order.

community conference agreement ...

community conference convenor ...

community justice group, for a child, means—

(a)the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4, for the child’s community; or

(b)a group of persons within the child’s community, other than a department of government, that is involved in the provision of any of the following—

(i)information to a court about Aboriginal or Torres Strait Islander offenders;

(ii)diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders;

(iii)other activities relating to local justice issues; or

(c)a group of persons made up of the elders or other respected persons of the child’s community.

community service means activities decided to be community service under section 302.

community service hours means the hours of community service that a child is required to perform under a community service order.

community service order means an order under section 175(1)(e).

community visitor ...

community visitor (child) means a person appointed as a community visitor (child) under the Public Guardian Act 2014.

concurrent jurisdiction means—

(a)in relation to a Childrens Court judge—the jurisdiction of the judge when constituting the District Court for a proceeding in its criminal jurisdiction; or

(b)in relation to the District Court—the jurisdiction of the judge when constituting the Childrens Court; or

(c)in relation to a Childrens Court magistrate—the jurisdiction of the magistrate or justices when constituting a Magistrates Court for a proceeding under the Justices Act 1886 or the Criminal Code; or

(d)in relation to a Magistrates Court—the jurisdiction of the magistrate or justices when constituting the Childrens Court.

conditional release order means an order made under section 220.

conference means a conference under part 3, division 2.

conference agreement see section 36.

conference before sentence ...

contact information, for a victim of an offence, means sufficient information about the victim to enable the chief executive to communicate with the victim.

convene a conference includes anything necessary to be done for the purpose of the convening of the conference, including, for example, preparing for and conducting conference meetings and doing anything necessary to finalise the conference.

convenor means a person approved as a convenor under section 39.

coordinator ...

core member, for part 8A, see section 282H.

corrective services facility see the Corrective Services Act 2006, schedule 4.

corrective services officer see the Corrective Services Act 2006, schedule 4.

court includes a justice taking an examination of witnesses in relation to a charge of an indictable offence.

court cell means a place attached to or near a court that—

(a)is not a detention centre; and

(b)is used for detaining prisoners of the court and other persons.

court diversion referral, for part 7, division 2, see section 163(1)(d)(i).

court of competent jurisdiction, for the trial or sentence of a child on indictment, means—

(a)the Supreme Court; or

(b)the District Court within the jurisdiction under the District Court of Queensland Act 1967, part 4; or

(c)a Childrens Court judge within the jurisdiction under part 6, division 7.

criminal history, of a child, see section 6.

curfew means a requirement to remain at a stated place for stated periods.

declared emergency, for part 9A, see section 301B.

details of the boot camp program ...

detainee means a person—

(a)being held on remand, in the chief executive’s custody, in connection with a charge of an offence; or

(b)serving a period of detention, in a detention centre, for an offence; or

(c)otherwise being held in custody in a detention centre.

detainee information, for part 8, division 7, see section 282A(1).

detention centre means—

(a)a detention centre established under section 262; or

(b)a temporary detention centre.

detention centre employee means a public service employee, any of whose functions are ordinarily performed in a detention centre.

detention order means an order made under section 175(1)(g), 175A(2)(b) or 176(1)(b).

director of public prosecutions means the director under the Director of Public Prosecutions Act 1984.

disaster, for part 9A, see section 301B.

disaster-affected detention centre, for part 9A, see section 301B.

disclosable caution ...

disclosable community conference agreement ...

disqualifying offence, for part 7, division 3, see section 170.

driver licence means a driver licence under the Transport Operations (Road Use Management) Act 1995.

driver’s licence ...

drug assessment and education session, for part 7, division 3, see section 167.

drug diversion court, for part 7, division 3, see section 167.

eligible child, for part 7, division 3, see section 168.

eligible drug offence, for part 7, division 3, see section 169.

eligible person, in relation to a child detained in a detention centre, means a person included on the eligible persons register as an eligible person in relation to the child.

eligible persons register means the register kept under section 282A(1).

emergency period, for part 9A, see section 301B.

exceptional circumstances parole order means an exceptional circumstances parole order under the Corrective Services Act 2006.

family relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 19.

finding of guilt means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

first-time offender ...

fixed release order ...

general principles of juvenile justice ...

good behaviour order means an order made under section 175(1)(b).

graffiti offence means an offence against the Criminal Code, section 469 that is punishable under section 469, item 9.

graffiti removal order means a graffiti removal order in force under part 7, division 7A.

graffiti removal program see the Police Powers and Responsibilities Act 2000, section 379A(10).

graffiti removal service means—

(a)the removal of graffiti; or

(b)work related or incidental to the work mentioned in paragraph (a); or

(c)other work related to or incidental to the clean up of public places whether or not it relates to the removal of graffiti.

grant bail includes, for a court, enlarge the bail.

human rights commissioner means the Human Rights Commissioner under the Anti-Discrimination Act 1991.

identifying information, about a child, means information that identifies the child, or is likely to lead to the identification of the child, as a child who is being, or has been, dealt with under this Act.

Example—

Each of the following is identifying information about a child if it identifies the child, or is likely to lead to the identification of a child, as a child who is being or has been dealt with under this Act—

(a)the child’s name, address, school or place of employment;

(b)a photograph, picture, videotape or other visual representation of the child or someone else.

identifying particulars see the Police Powers and Responsibilities Act 2000, schedule 6.

immediate release order ...

indefinite referral ...

informal care relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 20.

inspector of detention services means the inspector of detention services under the Inspector of Detention Services Act 2022.

intensive supervision order means an intensive supervision order made under section 175(1)(f).

keep the child in custody includes, for a court, remand the child in custody.

law enforcement agency see the Corrective Services Act 2006, schedule 4.

lawyer means—

(a)an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State; or

(b)a person mentioned in section 308(2) acting for a party.

Legal Aid Queensland means Legal Aid under the Legal Aid Queensland Act 1997.

legal practitioner ...

legal representation means representation by a lawyer.

life offence means an offence for which a person sentenced as an adult would be liable to life imprisonment.

loss of property includes loss, damage or destruction.

MACP system, for part 8A, see section 282H.

medical treatment includes a physical, psychiatric, psychological or dental examination or treatment.

member of the police service means a member of the Queensland Police Service under the Police Service Administration Act 1990, section 2.2(1).

monitoring device means an electronic device capable of being worn, and not removed, by a person for the purpose of the chief executive, the Queensland Police Service, or the chief executive (corrective services), finding or monitoring the geographical location of the person.

National Disability Insurance Agency means the Agency under the National Disability Insurance Scheme Act 2013 (Cwlth).

nominee, for part 8, division 7, see section 282A(3A) or 282BA(3).

non-government entity, for part 9, division 2A, see section 297D.

non-life offence ...

notice to appear means a notice to appear under the Police Powers and Responsibilities Act 2000, section 382(2).

offence, for part 7, division 2, see section 161.

offender, for part 6, division 11, see section 132.

officer ...

Optional Protocol means the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 18 December 2002, as amended and in force for Australia from time to time.

original offence ...

parent means—

(a)a parent or guardian of a child; or

(b)a person who has lawful custody of a child other than because of the child’s detention for an offence or pending a proceeding for an offence; or

(c)a person who has the day-to-day care and control of a child.

parole means a parole order under the Corrective Services Act 2006.

participant means a person entitled to participate in a conference under section 34.

penalty unit see Penalties and Sentences Act 1992, section 5.

period of detention ...

period of imprisonment ...

personal offence means an offence relating to the person of another.

police station means a police station within the meaning of the Police Service Administration Act 1990.

prescribed entity, for part 9, division 2A, see section 297D.

prescribed indictable offence means—

(a)a life offence; or

(b)an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, other than an offence against the Drugs Misuse Act 1986, section 9(1) for which the maximum penalty is 15 years imprisonment; or

(c)an offence against any of the following provisions of the Criminal Code—

(i)section 315A;

(ii)section 323;

(iii)section 328A;

(iv)section 339;

(v)section 408A(1), if the offence involves a motor vehicle;

(vi)section 408A(1), to which section 408A(2) applies;

(vii)section 412;

(viii)section 421(1).

presentence referral see section 163(1)(d)(ii).

prison means a prison within the meaning of the Corrective Services Act 2006.

prisoner see the Corrective Services Act 2006, schedule 4.

prisoner of a court or prisoner of the court means a person who is in the custody of a court.

prison transfer direction ...

prison transfer notice ...

probation order means an order made under section 175(1)(d), 175A(2)(a) or 176(1)(a).

procedural action or order means an action or order made for, or incidental to, a proceeding that does not constitute a hearing and determination on the merits of the matter to which the proceeding relates, for example—

(a)the charging of a defendant; and

(b)the issue of a warrant; and

(c)the granting of bail or release without bail; and

(d)the remand of a defendant; and

(e)the adjournment of the proceeding.

program period—

(a)for a conditional release order—see section 221; or

(b)for an intensive supervision order—see section 204.

proper officer means—

(a)for the Supreme Court, the District Court or a Childrens Court judge—the registrar or a sheriff or deputy sheriff of the court; and

(b)for a Magistrates Court or a Childrens Court magistrate—the clerk of the court.

property offence means an offence relating to property.

public guardian means the public guardian under the Public Guardian Act 2014.

publish means publish to the public by television, radio, internet, newspaper, periodical, notice, circular or other form of communication.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

recidivist vehicle offender ...

referring authority see section 31(1).

referring court ...

referring police officer ...

release notice see section 51.

relevant individual ...

remove, in relation to graffiti, includes the following—

(a)repair;

(b)conceal;

(c)cover;

(d)attempt to remove.

Example—

painting over graffiti

requirements of the boot camp order ...

residential phase ...

respected person, of an Aboriginal or Torres Strait Islander community, means a member of the community who is generally respected in the community.

restorative justice agreement means—

(a)a conference agreement; or

(b)an alternative diversion program agreed to by the chief executive and the child who is to complete the program.

restorative justice order means an order made under section 175(1)(da) or (db).

restorative justice process means a conference or an alternative diversion program.

review application ...

sentence, for part 6, division 11, see section 132.

sentence order—

(a)for part 6, division 9, subdivision 4—see section 117A; or

(b)otherwise—means any of the following—

(i)an order made under section 175, 175A or 176, including a reprimand;

(ii)the recording of a conviction under section 183;

(iii)a conditional release order made under section 220;

(iv)an order under section 234.

serious offence means an offence mentioned in section 8.

service provider, for part 9, division 2A, see section 297D.

seven year offence means a life offence or an offence of a type, that if committed by an adult, would make the adult liable to imprisonment for 7 years or more.

simple offence includes a regulatory offence and a breach of duty.

State includes a Territory.

subsequent offence ...

supervised release order means an order made under section 228.

support person, for a child, see the Police Powers and Responsibilities Act 2000, schedule 6.

supreme court offence means an offence for which the District Court does not have jurisdiction to try an adult because of the District Court of Queensland Act 1967, section 61.

temporary delay ...

temporary detention centre see section 301B.

temporary detention centre declaration, for part 9A, see section 301G(4).

term of imprisonment see the Penalties and Sentences Act 1992, section 4.

terrorism offence means—

(a)a terrorism offence under the Crimes Act 1914 (Cwlth); or

(b)an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 (Cwlth), sections 6 to 9; or

(c)an offence against the Terrorism (Community Protection) Act 2003 (Vic), section 4B; or

(d)an offence against the Crimes Act 1900 (NSW), section 310J; or

(e)an offence against the Criminal Law Consolidation Act 1935 (SA), section 83CA; or

(f)another offence against a provision of a law of the Commonwealth or another State if the provision—

(i)is prescribed by regulation; and

(ii)is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

tracking device ...

transfer day ...

transferred detention order ...

treatment includes therapeutic, palliative and preventative treatment.

UN expert means an expert selected in accordance with the Optional Protocol, article 13.

unlawfully at large, for a person who has been lawfully detained under this Act, includes—

(a)having escaped from detention; or

(b)having been mistakenly released from detention before the person is eligible for the release.

unpaid service means the following—

(a)community service required to be performed under a community service order;

(b)graffiti removal service required to be performed under a graffiti removal order.

unperformed graffiti removal service, for a child, means graffiti removal service that the child—

(a)is required to perform under a graffiti removal order; and

(b)has not performed.

unperformed unpaid service, for a child, means unpaid service that the child—

(a)is required to perform under a community service order or a graffiti removal order; and

(b)has not performed.

unserved period of detention ...

UN subcommittee means the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture, established in accordance with the Optional Protocol, part II.

vehicle offence ...

watch-house officer, for part 5A, see section 59B.

youth justice principles means the principles stated in schedule 1.

youth justice staff member, for part 5A, see section 59B.

Schedule 5 [Repealed](Repealed)