Youth Justice (Miscellaneous Amendments) Act 2013 (TAS)

Youth Justice (Miscellaneous Amendments) Act 2013

An Act to amend the Youth Justice Act 1997 , and, in their application to youths, certain provisions in the Monetary Penalties Enforcement Act 2005 , the Police Offences Act 1935 and the Victims of Crime Compensation Act 1994

[Royal Assent 18 July 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Youth Justice (Miscellaneous Amendments) Act 2013. 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. PART 2Youth Justice Act 1997 Amended3Principal ActIn this Part, the Youth Justice Act 1997 is referred to as the Principal Act. 4The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 5The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 6The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 7The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 8The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 9The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 10The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 11The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 12The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 13The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 14The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 15The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 16The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 17The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 18The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 1920The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 21The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 22The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 23The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 24The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 25The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 26The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 27The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 28The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 29The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 30The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 31The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 32The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 33The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 34The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 35The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 36The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 37The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 38The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 39The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 40The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 41The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 42The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 43The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997.

[Uncommenced

44Section 101A insertedAfter section 101 of the Principal Act, the following section is inserted in Division 15: 101AWorkers rehabilitation provisions apply to youth performing community service (1)  A youth performing community service is, for the purposes of the Workers Rehabilitation and Compensation Act 1988, taken to be a worker who is employed by the Crown and who is being paid at the greater of the following rates: (a) a rate equal to the basic salary within the meaning of that Act; (b) the rate of the youth’s normal weekly earnings, if any, within the meaning of section 69 of that Act. (2)  For the purposes of this section, a youth is performing community service if he or she is – (a) performing a required activity for the purposes of – (i) an undertaking entered into by the youth under section 10(2)(c) or section 16(1)(e); or (ii) a community service order; or (b) making a required journey. (3)  For subsection (2)(a), a youth is taken to be performing a required activity for the purposes of an undertaking or order referred to in that paragraph if he or she is – (a) reporting to his or her youth justice worker for the purposes of the undertaking or order; or (b) performing community service in accordance with the undertaking or order; or (c) doing something else at the request or direction of, or with the express or implied authority of, the youth’s youth justice worker. (4)  For subsection (2)(b), a required journey is a journey made for the purposes of, or in connection with, a required activity. (5)  Despite subsection (4), a journey is not taken to be a required journey for subsection (2)(b) by reason only of the fact that it is for the purpose of enabling a youth to travel – (a) from his or her place of residence to the place at which he or she is required to perform a required activity; or (b) from the place at which he or she is required to perform a required activity to his or her place of residence.

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45The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 46The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 47The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997. 48The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 49The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 50The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. 51The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997. PART 3Monetary Penalties Enforcement Act 2005 Amended52The amendments effected by this Part have been incorporated into the authorised version of the Monetary Penalties Enforcement Act 2005. 53The amendments effected by this Part have been incorporated into the authorised version of the Monetary Penalties Enforcement Act 2005. PART 4Police Offences Act 1935 Amended54The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935. 55The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935. 56The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935. PART 5Victims of Crime Compensation Act 1994 Amended57The amendments effected by this Part have been incorporated into the authorised version of the Victims of Crime Compensation Act 1994. 58The amendments effected by this Part have been incorporated into the authorised version of the Victims of Crime Compensation Act 1994. PART 6Repeal of Act59Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which all its provisions commence.