Youth Justice Act 2024 (Vic)
Version No. 006
Youth Justice Act 2024
No. 32 of 2024
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Chapter 1—Preliminary
Part 1.1—Introductory provisions
1Purposes
2Commencement
3Definitions
4Meaning of child
5Meaning of young person
6Meaning of relevant impairment
7Meaning of terrorism record
8Meaning of terrorism risk information
9References to sentencing child include sentencing on appeal
Part 1.2—Criminal responsibility of children
10Minimum age of criminal responsibility
11Presumption that child 12 or 13 years of age cannot commit an offence
12Matters to which police officer must have regard
13Review of charge against child who allegedly committed offence at 12 or 13 years of age
14Notice of completion of review of charge
Part 1.3—Guiding youth justice principles
Division 1—Operation and purpose of the guiding youth justice principles
15Interaction of guiding youth justice principles with this Act
16Purposes of guiding youth justice principles
17Taking into account guiding youth justice principles
Division 2—Guiding youth justice principles
18Guiding youth justice principle—treatment of children and young persons
19Guiding youth justice principle—prevention, diversion and minimum intervention
20Guiding youth justice principle—rights of victims and the importance of restoration
21Guiding youth justice principle—importance of parents and family
22Guiding youth justice principle—promotion of partnership and collaboration with agencies and other entities
Division 3—Guiding youth justice principles and matters specific to Aboriginal children and young persons
23Statement of recognition in respect of Aboriginal children and young persons
24Guiding youth justice principle—additional principles specific to Aboriginal children and young persons
25Obligation on Secretary to develop strategic partnerships with Aboriginal communities
Division 4—Consultation with representatives of the Aboriginal community on justice-related issues
26Minister or the Secretary to consult with representatives
Chapter 2—Entities with functions and powers under this Act
Part 2.1—Functions and powers of the Secretary
27Functions and powers of the Secretary
28Power of the Secretary to enter into contracts
29Powers of the Secretary in relation to land
30Committee of management
31Record of dealings by Registrar of Titles
32Secretary's powers in relation to intellectual property
33Delegation
34Report by Secretary
Part 2.2—Commissioner for Youth Justice
35Commissioner for Youth Justice
36Functions and powers of Commissioner for Youth Justice
37Secretary has and may exercise functions and powers of the Commissioner for Youth Justice
38Commissioner for Youth Justice has and may exercise functions and powers of youth justice custodial officer
39Delegation by Commissioner for Youth Justice
Part 2.3—Aboriginal youth justice agencies
Division 1—Registration of Aboriginal youth justice agencies
40Application for registration
41Secretary may register body corporate as an Aboriginal youth justice agency
42Secretary may impose conditions on registration
43Registration period
44Renewal of registration
45Secretary must give notice of refusal to renew registration
46Register of registered Aboriginal youth justice agencies
Division 2—Performance standards
47Performance standards for registered Aboriginal youth justice agencies
48Subject matter for performance standards
49Publication, amendment and revocation of performance standards
50Registered Aboriginal youth justice agency must comply with relevant performance standard
Division 3—Revocation of registration
51Revocation of registration
52Secretary must give notice of revocation
53Effect of revocation of registration
Division 4—Review of decisions
54Internal review by Secretary
55Review by VCAT of decision made on internal review
Division 5—Monitoring
56Secretary may make inquiries
57Secretary may visit registered Aboriginal youth justice agency
58Registered Aboriginal youth justice agency must assist
Division 6—Authorisation of registered Aboriginal youth justice agency to act in relation to an Aboriginal child or young person
59Secretary may authorise principal officer of registered Aboriginal youth justice agency to perform functions or exercise powers
60Secretary must disclose information to principal officer for making decision about agreeing to authorisation
61Effect of authorisation
62Secretary may revoke authorisation
63Powers and functions of acting principal officer
64Delegation by principal officer of registered Aboriginal youth justice agency
65Use of information disclosed to registered Aboriginal youth justice agency and principal officer for making decision about agreeing to authorisation
Chapter 3—Police power to take into care and control and transport a child aged 10 or 11 years old
Part 3.1—Preliminary
66Application of Chapter
67Definitions
Part 3.2—Transport power
68Child taken into care and control
69Transportation of child taken into care and control
70Child kept in care and control at police station
71Child in respect of whom transport power is being exercised not to be questioned or interviewed
72Child who is Aboriginal or Torres Strait Islander taken into care and control
73Use of force
74Requirements after use of force
75Search
76Seizure
77Record keeping
78Information to be provided to child and parent in relation to exercise of transport power
79Interaction with other powers of police officers
Part 3.3—Role of Commission for Children and Young People in relation to transport power
80Functions of Commission for Children and Young People in relation to transport power
81Access to documents and information
82Assistance to be given to Commission for Children and Young People for performance of functions and exercise of powers
83Disclosures by relevant professionals
84Disclosers protected
85Transport power reports
86Transport power reports provided to Parliament
87Transport power reports containing identifying information must not be provided to Parliament
88Commission may publish transport power reports provided to Parliament on Internet
89Annual reporting
90Mandatory notification to IBAC
91Commission for Children and Young People not to prejudice legal proceedings or investigations
Chapter 4—Diverting children from the justice system
Part 4.1—General
92Hierarchy of options for alleged offending behaviour
93Record of reasons if youth warning, youth caution or early diversion group conference is inappropriate
Part 4.2—Youth warnings
94Objects of youth warning
95Police officer may give youth warning to child
96Eligibility of child for youth warning
97Timing of youth warning
98Place and form for giving youth warning
99Explanation of youth warning
100Parent may be notified of youth warning
101Record of youth warning
Part 4.3—Youth cautions
102Objects of youth caution
103Youth caution may be given to child
104Eligibility of child for youth caution
105Explanation of youth caution
106Consent of child
107Timing of youth caution
108Persons who may give a youth caution other than a cautioning police officer
109Persons to attend giving of youth caution
110Victim statement may be given to child
111Person giving youth caution may request apology or make referral
112Place for giving youth caution
113Form of youth caution
114Parent may be notified of youth caution
115Record of youth caution
Part 4.4—Early diversion group conferences
116Objects of early diversion group conference
117Police officer referral of child to early diversion group conference
118Eligibility of child for early diversion group conference
119Timing of referral
120Aboriginal child referred to early diversion group conference may elect model
121Form of referral by police officer
122Form of notice of referral
123Parent may be notified of referral
124Date and time of early diversion group conference
125Convenor may refer matter back
126Legal representation
127Persons to attend early diversion group conference
128Victim statement may be provided
128AReading aloud of victim statement
129Conduct of early diversion group conference
130Early diversion outcome plan
131Finalisation of early diversion outcome plan
132Deferral or discontinuation of group conference
133Discretion of Chief Commissioner of Police
134Confidentiality of early diversion group conference proceedings
135Confidentiality of early diversion outcome plan
Part 4.5—Aboriginal-led early diversion group conference model
136Secretary to develop Aboriginal-led model
137Requirements of Aboriginal-led model
138Conduct of Aboriginal-led early diversion group conferences
Part 4.6—Effect of youth warnings, youth cautions and early diversion group conferences
139Criminal record
140No further action or criminal proceeding to be taken
141Leave of court required
142Evidence of youth warning or youth caution inadmissible
143Evidence inadmissible where child referred by police officer
144Evidence inadmissible where child referred by Children's Court
145Admissibility of evidence in certain circumstances
146Participation does not rebut presumption
Chapter 5—Commencing a proceeding against a child
Part 5.1—Commencing a proceeding
147Child to be proceeded against by summons
148Time limits for commencing a proceeding
149Withdrawal of consent
150Application for extension of time to commence proceeding
151Extension of time
152Rehearing
153Notice of intention to apply for rehearing
Part 5.2—Custody, bail and remand
154Child in custody to be brought before Children's Court or bail justice
155Placement of child in custody
Chapter 6—Conduct of a proceeding
Part 6.1—Proceedings generally
Division 1—Procedure for indictable offences
156How Children's Court must deal with indictable offences
157Indictable offences that must be uplifted—child objects to charge being determined summarily
158Indictable offences to be uplifted if exceptional circumstances exist
159Transfer of indictable offence that is related to uplifted indictable offence
Division 2—Transfer of proceeding
160Transfer of proceeding from Magistrates' Court to Children's Court
Division 3—Referral to early diversion group conference
161Referral by Children's Court to early diversion group conference
162Adjournment of proceeding for early diversion group conference
163Form of referral by Children's Court
164Conduct of early diversion group conference
165Early diversion group conference not appropriate or discontinued
166Early diversion outcome plan finalised
Division 4—Conduct of proceeding
167Procedural guidelines to be followed by Children's Court
168Children's Court to be constituted by the same judicial officer
169Children's Court proceedings to be heard in open court
170Legal representation of child in proceeding
171Proceedings in which child is required to be legally represented
172Legal practitioner may represent multiple children
173Interpreter in proceeding
174Explanation for order
175Order and reasons for order
176Translation of documents
177Order not invalidated by failure to comply
Division 5—Other matters
178Application by child under 15 years of age
179Service of documents on child under 15 years of age
180Warrants to arrest
Part 6.2—Referral for investigation of matters under Children, Youth and Families Act 2005
181Referral to DFFH Secretary—protection application
182Referral to DFFH Secretary—application for therapeutic treatment order
183Investigation and report of investigation
184Report on outcome of application
185Adjournment of proceeding if therapeutic treatment order made
186Report to Children's Court on therapeutic treatment order
187Hearing of adjourned proceeding
188Adjournment of proceeding for voluntary participation in therapeutic treatment program
189Hearing of adjourned proceeding
190Pre-sentence report to Children's Court
Part 6.3—Diversion
191Application of Part
192Purposes of diversion
193Adjournment to undertake diversion program
194Consent to diversion by the child
195Prosecutorial consent to diversion
196Matters to be considered when determining the type of diversion program
197Extension of adjournment
198Conclusion of the diversion program
199Diversion program and community service activities
200Natural justice
Part 6.4—Standard of proof
201Proof beyond reasonable doubt
Chapter 7—Sentencing
Part 7.1—Sentencing principles
202Court must have regard to sentencing principles and general common law principles or rules in sentencing a child
203Sentencing principle—rehabilitation and positive development
204Sentencing principle—protection of the community from reoffending
205Sentencing principle—individual characteristics and vulnerabilities
206Sentencing principle—responsibility for action
207Sentencing principle—impact on victims
208Sentencing principle—minimum intervention
209Sentencing principle—deterrence from committing offences in youth justice custodial centre
210Additional sentencing principles for Aboriginal children
Part 7.2—Reports and other matters to be taken into account in considering sentence
211Children's Court may only consider certain reports and other matters
212Victim impact statements
213Medical reports
214Use of victim impact statements
215Distribution of victim impact statement
216Examination of victim or medical expert
217Witnesses
218Reading aloud of victim impact statement
219Alternative arrangements for reading aloud of victim impact statement
220Alternative arrangements for examination
221Submission in respect of unique and systemic background factors affecting child
Part 7.3—Deferral of sentencing
222Children's Court may defer sentencing
223Pre-sentence group conference or youth justice planning meeting to be held if sentencing deferred
224Adjourning deferred sentence and period of deferral
225Application by child for hearing of adjourned case at short notice
226Court may re-list adjourned case at short notice on own motion
227Hearing of adjourned case
Part 7.4—Pre-sentence group conferences
228Objects of pre-sentence group conference
229Date and time of pre-sentence group conference
230Persons to attend pre-sentence group conference
231Pre-sentence outcome plan
232Report of pre-sentence group conference
233Confidentiality
234Confidentiality of pre-sentence outcome plan
Part 7.5—Sentence discount and total sentences
235Sentence discount for undertaking to assist law enforcement authorities
236Sentence discount for assistance given or being given to law enforcement authorities
237Sentence discount for guilty plea
238Sentence discount for participation in pre-sentence group conference
239Failure to attend youth justice planning meeting
Part 7.6—Sentencing generally
240Hierarchy of options for sentencing
241Supreme Court or County Court may exercise sentencing powers of Children's Court
Part 7.7—Unsupervised community-based orders
Division 1—General
242Conviction not to be recorded when making an unsupervised order
Division 2—Dismissal without formal warning
243Dismissal without formal warning
Division 3—Dismissal with formal warning
244Dismissal with formal warning
Division 4—Good behaviour orders
245Making a good behaviour order
246Objects of a good behaviour order
247Conditions of a good behaviour order
248Maximum period of a good behaviour order
Division 5—Fines
249Imposing a fine
250Objects of a fine
251Financial circumstances of child to be considered
252Maximum fine which may be imposed
253Instalment orders
254Time to pay orders
255Application for time to pay order, instalment order or variation of instalment order
256Making of instalment order or time to pay order
257Default in payment of fine or instalment order
258Calculation to convert fine into community service order
259Bail
260Reduction of order by payment of portion of fine
261Proceeding for default in payment of fine or instalment order
Part 7.8—Supervised community-based orders
Division 1—General
262Imposing a supervised order with or without conviction
Division 2—Community service orders
263Making a community service order
264Objects of a community service order
265Conditions of a community service order
266Consideration of likely impact on education, training, employment or rehabilitation
267Maximum number of hours of work under a community service order
268Failure to perform ordered hours of community service activities where no appropriate community service to perform not to constitute a contravention
Division 3—Probation orders
269Making a probation order
270Objects of a probation order
271Conditions of a probation order
272Maximum period of a probation order
Division 4—Youth supervision and support orders
273Making a youth supervision and support order
274Objects of a youth supervision and support order
275Ordering a youth justice planning meeting
276Conditions of a youth supervision and support order
277Ordering judicial monitoring of a youth supervision and support order
278Maximum period of a youth supervision and support order
279Remission of monitoring etc. to the Children's Court
Division 5—Youth control orders
280Making a youth control order
281Objects of a youth control order
282Ordering a youth justice planning meeting
283Conditions of a youth control order
284Maximum period of a youth control order
285Non-accountable parental undertaking
286Contravention of parental undertaking
287Remission of monitoring and other matters to the Children's Court
Division 6—Youth justice plans and youth justice planning meetings
288What is a youth justice plan?
289What is a youth justice planning meeting?
290Requirements of youth justice planning meeting
291Requirements for report of meeting
292Confidentiality of meeting
293Court may revoke order for youth justice planning meeting
Division 7—Judicial monitoring of youth supervision and support orders and youth control orders
294Reporting and monitoring of youth supervision and support orders and youth control orders
295Warning of possible variation or revocation of youth supervision and support order or youth control order
Part 7.9—Special conditions
Division 1—Special conditions
296Developmental conditions
297Restrictive conditions
298Restorative condition
299Directing manner of compliance with special conditions
300Reasons for attaching special conditions to be given
Division 2—Attaching special conditions or varying special conditions
301Attaching special conditions to certain community-based orders
302Varying existing special conditions or attaching special conditions to an existing order
Part 7.10—Varying or revoking community-based orders
303Application by Secretary or child to vary or revoke community-based order
304Variation or revocation of community-based order
305Warrant to arrest for failure to appear
306Varying or revoking youth supervision and support order or youth control order without consent or warning
Part 7.11—Contravention of community‑based orders
Division 1—Revocation of community-based orders for contravention
307Application by Secretary to vary or revoke community-based order for contravention
308Court may issue notice to appear before court in relation to contravention of community-based order
309Variation or revocation of community-based order for contravention
310Variation or revocation of youth supervision and support order or youth control order for contravention without consent or warning
Division 2—General
311Time limit for making application for alleged contravention of order
312Warrant may be issued for failure to appear
313Bail
314Proceeding for contravention of sentence
Part 7.12—General provisions for community-based orders
315Copies of community-based orders to be given
316Maximum total period of orders—same type of certain community-based orders
317Maximum total period of orders—certain community-based orders and youth justice custodial orders
318Community-based orders to be served concurrently unless ordered otherwise
319Suspension of community-based orders on the grounds of illness or other exceptional circumstances
320Child in custody while subject to order imposing fine or instalment order
321Suspension of community-based order—child in custody
322Secretary to notify Children's Court when a child subject to a community-based order with judicial monitoring is in custody or has order suspended
323Inconsistent conditions
Part 7.13—Sentences of detention
Division 1—Presumption against imposing sentence of detention on certain children
324Court not to impose a sentence of detention on child who is under 14 years of age at time of offence except in certain circumstances
Division 2—Youth justice custodial orders
325Making a youth justice custodial order
326Objects of a youth justice custodial order
327Maximum period of a youth justice custodial order
328Total sentence of detention
Part 7.14—Orders in addition to sentence
329Orders in addition to sentence
330Enforcement of orders in addition to sentence
Chapter 8—Appeals
Part 8.1—Appeal by offender to County Court or Trial Division of Supreme Court
331Right of appeal
332How appeal is commenced
333Determination of appeal
Part 8.2—Appeals by DPP
334DPP's right of appeal against sentence
335How appeal against sentence is commenced
336Determination of DPP appeal
337DPP's right of appeal—failure to fulfil undertaking
338How appeal under section 337 is commenced
339Determination of DPP's appeal—failure to fulfil undertaking
340Element of double jeopardy not to be taken into account
Part 8.3—Procedure on appeals from Children's Court
341Late notice of appeal taken to be application for leave to appeal
342Stay of order
343Bail pending appeal
344Abandonment of appeal
345Appellant's failure to appear
346Respondent's failure to appear on appeal by DPP
347One notice of appeal for 2 or more sentences
348Appeal to County Court or Supreme Court authorised by other Acts
Part 8.4—Reports
Division 1—Preliminary
349Application of this Part
350Warning to be given to persons being interviewed
351Confidentiality of reports
352Notification of requirement to submit report
353Attendance at appellate court of author of report
354Disputed reports
Division 2—Pre-sentence reports
355Court may order pre-sentence report
356Pre-sentence report must be ordered if appellate court is considering certain orders
357Pre-sentence report must be ordered if child has or appears to have a relevant impairment
358Supplementary pre-sentence report
359Content of pre-sentence report
360Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment
361Time for filing pre-sentence report
362Access to pre-sentence reports
363Pre-sentence report to be filed with court
Division 3—Pre-sentence group conference reports
364Pre-sentence group conference report
365Content of pre-sentence group conference report
366Access to pre-sentence group conference report
367Pre-sentence group conference report to be filed with court
Division 4—Youth justice planning meeting report
368Youth justice planning meeting report ordered by appellate court
369Youth justice planning meeting report to be filed with court
370Access to youth justice planning meeting report
Part 8.5—Appeal to Supreme Court on a question of law
371Appeal to Supreme Court on a question of law
372Appeal commenced out of time taken to be application for leave to appeal
373Orders of the Supreme Court
374Appeal on question of law precludes other appeals
Part 8.6—Appeal to Court of Appeal
375Right of appeal against sentence of detention imposed on appeal from Children's Court
376How application for leave to appeal is commenced
377Determination of application for leave to appeal under section 376
378Determination of appeal
379Orders and powers on successful appeal
380Powers and procedure
Part 8.7—Case stated for Court of Appeal
381Reservation of question of law
382Adjournment if question of law reserved
383Refusal to reserve question of law
384Case to be stated if question of law reserved
385General powers of Court of Appeal on case stated
386Judgment to be entered on record
387DPP may refer point of law to Court of Appeal
388Powers and procedure
Part 8.8—Status of sentence and orders during appeal period
389Sentence not stayed during appeal period
390Bail pending appeal
391Stay of certain orders during appeal period
392Execution of order for forfeiture or destruction of property
Part 8.9—Miscellaneous
393Appeal by child under 15 years of age
394Parent may enter into bail
395Appeals to be heard in open court
396Legal representation
397Interpreters
398Explanation of and reasons for orders
Part 8.10—Costs on appeal
399No costs on appeal or new hearing
Chapter 9—Assistance and reports to the Children's Court
Part 9.1—Assisting the Children's Court
400Children's Court may require Secretary to give assistance
401Children's Court may require DFFH Secretary or principal officer of Aboriginal agency to attend or give information or assistance
402Duty of Secretary to assist Children's Court
403Secretary may apply to Children's Court to be heard
Part 9.2—Reports to the Court
Division 1—General provisions for reports to the Children's Court
404Application of Division
405Notification of requirement to file report
406Report author must give warning to persons being interviewed
407Attendance at Court of author of report
408Disputed report
409Confidentiality of reports
Division 2—Specialist assessment reports
410Specialist assessment reports
411Author of specialist assessment report may prepare statement for filing with report
412Access to specialist assessment reports
Division 3—Pre-sentence reports
413Children's Court may order pre-sentence report
414Pre-sentence report must be ordered if Children's Court is considering certain orders
415Pre-sentence report must be ordered if child has or appears to have a relevant impairment
416Supplementary pre-sentence report
417Content of pre-sentence report
418Additional content of pre-sentence report in respect of child who has or appears to have a relevant impairment
419Time for filing pre-sentence report or supplementary pre-sentence report
420Access to pre-sentence reports or supplementary pre-sentence reports
421Filing of and access to previous pre-sentence report
Division 4—Pre-sentence group conference reports
422Content of pre-sentence group conference report
423Filing of pre-sentence group conference report
424Access to pre-sentence group conference report
Division 5—Variation reports
425Variation reports
426Filing of variation reports
427Access to variation reports
Division 6—Contravention reports
428Contravention reports
429Access to contravention reports
Division 7—Youth justice planning meeting reports
430Filing of youth justice planning meeting report
431Access to youth justice planning meeting report
Division 8—Judicial monitoring reports
432Judicial monitoring reports
Division 9—Progress reports
433Progress reports
434Filing of progress report
435Extension of time to file report
436Access to progress report
Chapter 10—Youth justice custody
Part 10.1—Guiding custodial principles
437Taking into account guiding custodial principles
438Guiding custodial principle—safety, stability and security
439Guiding custodial principle—positive development
440Guiding custodial principle—individual responses
441Guiding custodial principle—additional guiding custodial principles specific to Aboriginal children and young persons
442Guiding custodial principle—children's and young persons' voices
443Guiding custodial principle—families and community
444Guiding custodial principle—collaboration
Part 10.2—Rights and responsibilities
Division 1—Rights of children and young persons in youth justice custodial centres
445Custodial rights of children and young persons
446Obligation to uphold custodial rights
447Custodial right—positive development
448Custodial right—safety, security and stability
449Custodial right—mental and physical health
450Custodial right—individual responses
451Custodial right—family, community, cultural and religious connections
452Custodial right—Aboriginal children and young persons
453Custodial right—being informed
454Custodial right—children's and young persons' voices
455Custodial right—legal representation
456Custodial right—external support
Division 2—Responsibility of children and young persons in youth justice custodial centres
457Responsibility to comply with custodial rules
458Commissioner for Youth Justice to make custodial rules
459Contravention of custodial rules
Part 10.3—Legal custody and management and operation of youth justice custodial centres
Division 1—Responsibility for youth justice custodial centres and legal custody
460Responsibility of Secretary in relation to youth justice custodial centres and legal custody of children and young persons
461Legal custody of child or young person during removal from court to youth justice custodial centre
462Commissioner for Youth Justice has operational management responsibility for youth justice custodial centres
463Photographs and records
Division 2—Accommodation
464Separate accommodation for certain cohorts
465Displacement of presumptions
Division 3—Powers relating to visitors
466Commissioner for Youth Justice may approve entry of visitors
467Visitors required to comply with orders
468Visitors to give required information
469Commissioner for Youth Justice may refuse or terminate visits for security reasons
Division 4—Temporary leave
470Temporary leave from legal custody in youth justice custodial centre
471Cancellation of temporary leave permit
472Contravention of temporary leave permits
473Removal from one youth justice custodial centre to another centre (transfer warrants)
Part 10.4—Prohibited actions and restricted practices
Division 1—Prohibited actions
474Prohibited actions
Division 2—Use of force
475Use of force prohibited except in certain circumstances
476Prohibited physical restraint techniques
477Use of instruments of restraint prohibited except in certain circumstances
Division 3—Isolation
478Meaning of isolation
479Solitary confinement prohibited
480Isolation prohibited unless authorised by Commissioner for Youth Justice
481Commissioner for Youth Justice may authorise placing of child or young person in isolation
482Commissioner for Youth Justice may authorise placing of group or class of children or young persons in isolation
483Commissioner for Youth Justice must determine isolation period for individual child or young person
484Commissioner for Youth Justice must determine isolation period for group or class of children or young persons
485Reasonable force
486Supervision, observation and meaningful human contact while in isolation
487Minimum requirements for meaningful human contact during isolation
488Review of isolation period
489Ending isolation period for individual child or young person
490Ending isolation period for group or class of children or young persons
491Actions after placing the child or young person in isolation
492Child or young person to be informed about actions required and complaints after being placed in isolation
493Rights of children and young persons placed in isolation
Division 4—Search of child or young person held in custody in a youth justice custodial centre or of youth justice custodial centre
494Search of child or young person on entering or leaving a youth justice custodial centre
495Commissioner for Youth Justice may order search
496Search of area ordered under section 495
497Unclothed search of child or young person held in custody in a youth justice custodial centre
498Use of reasonable force for unclothed searches must be authorised
499General requirements for conducting search of a child or young person held in custody in a youth justice custodial centre
500Sex or gender identity of officer conducting pat-down search or unclothed search of child or young person
501Additional requirements for conduct of unclothed searches
502Actions after completion of an unclothed search
503Child or young person to be informed about complaints and actions required after completion of unclothed search
504Commissioner for Youth Justice may order search to be terminated
504APublication of information—unclothed searches
Division 5—General requirements applying to use of force
505General requirements applying to use of force
506Actions to be taken after child or young person subjected to any use of force
507Child or young person to be informed of rights to complain and requirements under this Division
Division 6—Search of any other person in a youth justice custodial centre
508Search of any person on entering or leaving a youth justice custodial centre
509Commissioner for Youth Justice may order search
510General requirements for search of a person other than a child or young person detained in a youth justice custodial centre
511Sex or gender identity of officer conducting pat-down search
512Consequences of refusal to submit to search
513Commissioner for Youth Justice may order search of any person to be terminated
Division 7—Seizure
514Seizure
515Seizure Register
516Certain seized items to be handed to police
517Manner of dealing with seized things that may be used in a legal proceeding
518Manner of dealing with seized money
519Manner of dealing with other seized articles or things
520Disposal
Division 8—Reporting and record keeping
521Use of force by youth justice custodial officer must be reported
522Use of isolation must be reported
523Use of Force Register
524Isolations Register
524APublication of information from Isolations Register
525Searches Register
526Inspection of Registers by Commission for Children and Young People
Division 9—Exemption from liability
527Exemption from liability
Part 10.5—Offences relating to youth justice custodial centres and youth justice community service centres
Division 1—Offences relating to operation or possession of remotely piloted aircraft or helicopter
528Offences relating to operation or possession of remotely piloted aircraft or helicopter
529Youth justice custodial officer may order person to leave public place adjoining youth justice custodial centre
530Commissioner for Youth Justice may give authorisation
531Search relating to operation or possession of remotely piloted aircraft or helicopter
532Seizure of things found in carrying out search under section 531
Division 2—Escaping from youth justice custodial centre or other custody
533Offence to escape from youth justice custodial centre or other custody
534Apprehension without warrant—escaping from youth justice custodial centre or other custody
535Search warrant—escaping from youth justice custodial centre or other custody
536Placement of child—escaping from youth justice custodial centre or other custody
537Offence to harbour or conceal child or young person
538Offence to prevent child or young person from returning to youth justice custodial centre
539Offence to withdraw child or young person from youth justice custodial centre
540Offence to counsel or induce child or young person to escape
Division 3—Other offences relating to youth justice custodial centres and youth justice community service centres
541Offence to enter youth justice custodial centre or youth justice community service centre
542Offence to communicate with child or young person in youth justice custodial centre or youth justice community service centre
543Offence to communicate with child or young person on leave from youth justice custodial centre
544Offence to deliver or introduce certain items to youth justice custodial centre or youth justice community service centre
545Offence to take or receive articles or things from child or young person in youth justice custodial centre or youth justice community service centre without consent
546Offences to deliver or leave articles or things for introduction into youth justice custodial centre or youth justice community service centre
547Offence to lurk or loiter about a youth justice custodial centre or youth justice community service centre
548Offence to refuse or fail to leave youth justice custodial centre or youth justice community service centre when required to do so
549Person may be apprehended without warrant for certain offences
Part 10.6—Change of name applications and acknowledgement of sex applications
Division 1—Approval to make change of name applications
550Application of Division
551Offence to make a change of name application without approval
552Application by child or young person in youth justice custodial centre or other person for approval to make a change of name application
553Approval by Secretary to make a change of name application
554Copy of Secretary's approval or refusal
555Registration of name change
556Victorian BDM Registrar may correct Register
Division 2—Approval to make acknowledgement of sex applications
557Application of Division
558Offence to make an acknowledgement of sex application without approval
559Application by child or young person in youth justice custodial centre or other person for approval to make an acknowledgement of sex application
560Approval by Secretary to make an acknowledgement of sex application
561Copy of Secretary's approval or refusal
Part 10.7—Other provisions relating to youth justice custodial centres
562Detention in default of payment of a fine
563Bringing of child or young person before court
564Power of police to arrest person in youth justice custodial centre
565Interstate transfers of young offenders
566Secrecy of security arrangements
Chapter 11—Children and young persons held in police gaols or in custody of transfer officer under transfer authority
Part 11.1—Rights of children in police gaols
567Rights of children in police gaols
568Chief Commissioner of Police to ensure rights are complied with
569Right in police gaol—separate accommodation
570Right in police gaol—communication
571Right in police gaol—individual needs and environment
572Right in police gaol—making complaints
573Right in police gaol—being informed
Part 11.2—Children and young persons detained in police gaols or in custody of transfer officer under transfer authority
Division 1—Application of this Part
574No application to child held in custody in police gaol under Terrorism (Community Protection) Act 2003
575Disapplication of provisions of the Corrections Act 1986
576Authority of police custody officer supervisors and police custody officers
Division 2—Prohibited actions
577Prohibited actions
Division 3—Use of force in police gaol or in custody of transfer officer under transfer authority
578Use of force prohibited in certain circumstances
579Prohibited physical restraint techniques in police gaols or in custody of a transfer officer under transfer authority
580Use of instruments of restraint prohibited except in certain circumstances
Division 4—Unclothed searches
581Unclothed search of child held in custody in a police gaol
582Use of reasonable force for unclothed searches must be authorised
583Requirements before conducting unclothed searches in police gaols
584Conduct of unclothed searches in police gaols
585Sex or gender identity of officer conducting unclothed search of child held in custody in a police gaol
586Actions after completion of an unclothed search
587Child to be informed about complaints and actions required after unclothed search
Division 5—General requirements for use of force
588General requirements applying to use of force
589Actions to be taken after child held in custody in police gaol is subjected to use of force under this Part
590Actions to be taken after child or young person in custody of transfer officer under transfer authority is subjected to use of force under this Part
591Child to be informed of rights to complain and entitlements under this Division
Chapter 12—Youth parole
Part 12.1—Youth Parole Board
Division 1—The Youth Parole Board
592Youth Parole Board
593Terms and conditions of office
594Deputy chairperson to act as chairperson
595Divisions of the Youth Parole Board
596Aboriginal division of the Youth Parole Board
597Meetings of the Youth Parole Board
598Quorum
599Validity of acts or decisions of the Youth Parole Board
600Youth Parole Board secretary
601Youth Parole Board secretary or member may act on behalf of Youth Parole Board
602Evidentiary provisions
603Immunity of Youth Parole Board members and secretary from liability
604Youth Parole Board annual reports
605Additional reports
Division 2—General powers and jurisdiction of the Youth Parole Board
606Powers of Youth Parole Board
607Power of Youth Parole Board to compel production of documents and other things or attendance of witnesses
608Variation or revocation of notice to produce or notice to attend
609Service of notice to produce or notice to attend
610Power of Youth Parole Board to compel attendance of witnesses does not affect power of Board to direct child or young person on parole to attend for interview
611Appearance by audio visual link
612Notice to attend issued to child or young person detained in a youth justice custodial centre
613Power to take evidence on oath or affirmation
614Offence to fail to comply with a notice to produce or attend
615Offence to fail to take oath, make affirmation or answer question
616Costs of attending meeting of the Youth Parole Board
617Protection of members of the Youth Parole Board at Youth Parole Board meetings
Division 3—Jurisdiction of the Youth Parole Board
618Children and young persons detained in youth justice custodial centre subject to Youth Parole Board
Division 4—Information sharing about incidents and release on parole
619Secretary must give certain information to Youth Parole Board about incidents
620Information sharing by Youth Parole Board about release on parole
Part 12.2—Release on parole from youth justice custodial centre
Division 1—Explanation and use of information
621Explanation of parole orders and decision-making criteria
622Use of information given by persons on Youth Justice Victims Register
623Use of victim impact statement
624Use of parole stage group conference report
625Limitation on Youth Parole Board's consideration of terrorism risk information
626Secretary may provide terrorism risk information for purposes of this Part
Division 2—Release on parole
627Release on parole from youth justice custodial centre
628Release on parole of young person subject to youth justice custodial order under section 10AA(2) of the Sentencing Act 1991
629Determination of parole where terrorism risk information provided
630Presumption against release on parole in case of terrorism risk
631Conditions of a youth parole order
632Standard conditions of youth parole order
633Additional parole conditions to be imposed in relation to certain offences
634Special parole conditions
635Child or young person still under sentence until end of parole period
Division 3—Cancellation of parole
636Cancellation of parole
637Youth Parole Board must consider cancelling parole of child or young person charged with terrorism or foreign incursion offences in certain circumstances
638Youth Parole Board must consider cancelling parole of child or young person who gains a terrorism record while on parole
639Youth Parole Board must consider cancelling parole if new terrorism risk information provided
640Warrant may be issued if parole cancelled
641Execution of warrant issued under section 640
642Cancellation of parole may be revoked
643Youth Parole Board may release on parole more than once
Division 4—Authorised youth justice community workers
644Secretary may authorise youth justice community worker to perform functions and exercise duties and powers under youth parole orders
Part 12.3—Parole stage group conference
645Referral for parole stage group conference
646Assessment for parole stage group conference
647Conference will only proceed with consent of child or young person
648Date and time of parole stage group conference
649Attendees of parole stage group conference
650Objects of parole stage group conference
651Conduct of parole stage group conference
652Report of parole stage group conference
653Confidentiality
Part 12.4—Youth Justice Victims Register
654Youth Justice Victims Register
655Functions and powers of the Secretary in relation to the Youth Justice Victims Register
656Application to be included on the Youth Justice Victims Register
657Inclusion on the Youth Justice Victims Register
658Appointment of nominee
659Person on the Youth Justice Victims Register to be given certain information
660Confidentiality of information
661Offence to publish information disclosed under section 659
662Removal of person from Youth Justice Victims Register
663Removal of nominee from Youth Justice Victims Register
664Person on Youth Justice Victims Register may supply information to Youth Parole Board
Chapter 13—Transfers
Part 13.1—Transfer directions
Division 1—Preliminary
665Limitation of Youth Parole Board's consideration of terrorism risk information
666Entitlement to legal advice prior to transfer application under Division 2 or 4 being heard and determined
Division 2—Transfer from youth justice custodial centre to prison
667Secretary may apply to Youth Parole Board to transfer child or young person to prison
668Secretary may apply for transfer of child 18 years of age or over or young person to prison
669Child or young person may apply for transfer to prison
670Youth Parole Board must transfer child or young person to prison prior to child or young person turning 25 years of age
671Transfer of other existing youth justice custodial orders in force at time a transfer direction is given
672Custody—transfer to prison
673Parole—transfer to prison
Division 3—Transfer from prison to youth justice custodial centre
674Child or young person in prison may be transferred to youth justice custodial centre
675Effect of transfer on sentence
676Custody—transfer to youth justice custodial centre
677Parole—transfer to youth justice custodial centre
Division 4—Other directions and general matters
678Child or young person transferred to prison—default of payment of fine or sum of money
679Child or young person in youth justice custodial centre sentenced to imprisonment
680Child or young person in prison sentenced to detention in youth justice custodial centre
681Transfers unaffected by appeal
Part 13.2—Service of sentences of detention and sentences of imprisonment
682Child or young person in youth justice custodial centre sentenced to term of imprisonment—presumption of concurrent service of sentences
683Child or young person in prison sentenced to term of detention in youth justice custodial centre—presumption of concurrent service of sentences
684Serving sentence of detention in youth justice custodial centre and held in custody elsewhere
Chapter 14—Multi-agency panels and high risk panel
Part 14.1—Multi-agency panels
685Secretary may establish multi-agency panels
686Membership of multi-agency panels
687Purpose of multi-agency panels
688Functions of multi-agency panels
689Who is a MAP eligible child or young person?
690Cooperation and shared responsibility
691Chair may assess and accept MAP eligible child or young person for oversight by multi-agency panel
692Confidentiality of multi-agency panel meetings and information
Part 14.2—High risk panel
693Commissioner for Youth Justice may establish high risk panel
694Membership of high risk panel
695Purpose of high risk panel
696Functions of high risk panel
697Cooperation and shared responsibility
698Assessment for admission to high risk panel
699Confidentiality of high risk panel meetings and information
Chapter 15—Sharing of confidential information
Part 15.1—Sharing of confidential information
700Application of Part
701What is an official duty?
702Who is an official person?
703Who is an information holder?
704Request for confidential information from a relevant person
705Disclosure of confidential information without request
706Disclosure of confidential information to interstate youth justice agency
707Disclosure of information for purposes of sentencing
708Disclosure of confidential information for case management, case planning and service delivery purposes
709Disclosure to a parent or legal representative
710Disclosure made in good faith protected
711No consent required from person to whom confidential information relates
712Relevant persons and panel members authorised to use and disclose confidential information despite specified provisions
713Offence for unauthorised disclosure of confidential information
714Offence for unauthorised use of confidential information
Part 15.2—Sharing of terrorism risk information
715What is the permitted purpose for disclosing information under this Part?
716Secretary or Department may disclose terrorism risk information
717Youth Parole Board may disclose terrorism risk information
Chapter 16—System planning, performance, collaboration and accountability
718Strategic plan
719Publication of prescribed information—operation of youth justice system
720Obligations in delivery of services in youth justice system
721Publication of prescribed information—accountability measures to improve outcomes for Aboriginal children and young persons
Chapter 17—Children and Young Persons Infringement Notice System (CAYPINS)
Part 17.1—Preliminary
722Application of CAYPINS procedure
723Certain agencies may give information for enforcement purposes
724Court may order infringement penalty be dealt with through CAYPINS procedure
Part 17.2—Enforcement of infringement notices
725Enforcement agency to provide documents for registration of infringement penalty
726Registration of infringement penalty
727Multiple registered infringement penalties may be dealt with together
728Extended period for registration if work and development permit cancelled
729Enforcement agency may request cancellation of registration
730Notice of registration
731Child's options
732Applications concerning extended time to pay registered amount
733Registrar's enforcement decision
734Notice of enforcement decision
735Court review of CAYPINS enforcement order
736Effect of CAYPINS cancellation order
737CAYPINS enforcement hearing
738Effect of orders made under this Part
739Expiry of CAYPINS enforcement orders and CAYPINS cancellation orders
740Reinstatement of order made under this Part
741Service of documents
Part 17.3—Cancellation of infringement notice
742Cancellation of infringement notice if child not aware
743Powers of Children's Court to cancel infringement notice
Part 17.4—Decision to go to court
744Commencing proceeding for summary offence
Chapter 18—General
Part 18.1—Additional safeguards
745Statements by child or young person participating in treatment or rehabilitation program not admissible in proceedings
746Risk rating derived from assessment of child's risk of re-offending not admissible before child is sentenced
747Statements by child or young person participating in restorative justice program not admissible in subsequent proceedings
Part 18.2—Powers in relation to medical services
748Powers in relation to assessment, medical treatment and admission to hospital
Part 18.3—Cultural support plans for Aboriginal children and young persons
749Objects of cultural support plan
750Development of cultural support plan
751Secretary to assist Aboriginal child or young person to develop cultural support plan in accordance with request
752Record of cultural support plan
753Use of cultural support plan
754Report to Commission for Children and Young People
Part 18.4—Establishment, approval and abolition of youth justice services
755Establishment or abolition of youth justice custodial centre
756Establishment, approval or abolition of youth justice community service centre
757Approval of services
Part 18.5—Matters relating to group conferences
758Person engaged to convene group conferences
759Functions of group conference convenor
760Remote conduct of or participation in group conference
761Obligation to keep records
762Financial assistance for victims of crime
Part 18.6—Enforcement and other matters
763Offence to obstruct Secretary, Commissioner or employee
764Requirements relating to reporting
Part 18.7—Limitation of the Supreme Court's jurisdiction
765Supreme Court—limitation of jurisdiction
Part 18.8—Regulations
766Regulations
767Regulations dealing with transitional matters
Chapter 19—Transitional provisions and consequential amendments relating to minimum age of criminal responsibility
Part 19.1—Transitional provisions
768Definitions
769Person cannot be held criminally responsible for conduct at 10 or 11 years of age
770Person must be released from custody for offence committed at 10 or 11 years of age
771Criminal proceeding on foot
772Criminal proceeding adjourned for therapeutic treatment order or protection order
773Conviction or finding of guilt to be set aside
774Presumption that person cannot be held criminally responsible for conduct at 12 or 13 years of age
775Power to resolve transitional difficulties in proceeding
776Regulations dealing with transitional matters—minimum age of criminal responsibility
777Costs
778No new entitlement to compensation
Part 19.2—Amendment of Bail Act 1977
779Definitions
780Determination in relation to a child
Part 19.3—Amendment of Children, Youth and Families Act 2005
781Definitions
782Part 5.1 repealed
783Time limits for filing a charge-sheet
784Children to be proceeded against by summons
785Matters to be taken into account
786Court may make youth residential centre order
787Rules
788Schedule 3—Definitions
Part 19.4—Amendment of Commission for Children and Young People Act 2012
789Delegation
790Definition
791Section 60 amended
Part 19.5—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
792Definitions
793Section 38ZG repealed
794How long does a supervision order last?
795New section 91 inserted
Part 19.6—Amendment of Crimes Act 1958
Division 1—Conspiracy, incitement, recruitment and complicity
796Conspiracy to commit an offence
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Youth Justice Act 2024 by Acts and subordinate instruments.
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Youth Justice Act 2024, No. 32/2024
Assent Date: 10.9.24 Commencement Date: Ss 852, 853 on 30.9.25: s. 2(2) Current State: This information relates only to the provision/s amending the Youth Justice Act 2024
Bail Amendment Act 2025, No. 8/2025
Assent Date: 25.3.25 Commencement Date: S. 17 on 26.3.25: Special Gazette (No. 138) 25.3.25 p. 1 CurrentState: This information relates only to the provision/s amending the Youth Justice Act 2024
Statute Law Revision Act 2025, No. 41/2025
Assent Date: 21.10.25 Commencement Date: S. 3(Sch. 1 item 35) on 22.10.25: s. 2 Current State: This information relates only to the provision/s amending the Youth Justice Act 2024
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3 Explanatory details
No entries at date of publication.
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