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 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.