Young Offenders (Age of Criminal Responsibility) Amendment Bill 2022 (SA)

South Australia Young Offenders (Age of Criminal Responsibility) Amendment Bill 2022 A Bill For An Act to amend the Young Offenders Act 1993 and to make related amendments to the Spent Convictions Act 2009 and the Youth Justice Administration Act 2016.

Contents Part 1—Preliminary 1 Short title 2 Amendment provisions 3 Commencement Part 2—Amendment of Young Offenders Act 1993 4 Amendment of section 4—Interpretation 5 Amendment of section 5—Age of criminal responsibility Schedule 1—Related amendments Part 1—Amendment of Spent Convictions Act 2009 1 Amendment of section 3—Preliminary 2 Amendment of section 5—Scope of Act 3 Insertion of section 8D 8D Spent conviction for designated juvenile offence 4 Amendment of Schedule 1—Exclusions Part 2—Amendment of Youth Justice Administration Act 2016 5 Amendment of section 4—Interpretation 6 Amendment of section 28—Safe rooms 7 Amendment of section 37—Transfer of young offenders to this State

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Young Offenders (Age of Criminal Responsibility) Amendment Act 2020. 2—Amendment provisions In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified. 3—Commencement This Act comes into operation 1 month after the day on which it is assented to by the Governor.

Part 2—Amendment of Young Offenders Act 1993 4—Amendment of section 4—Interpretation Section 4(1), definition of youth—delete "10" and substitute: 14 5—Amendment of section 5—Age of criminal responsibility Section 5—delete "10" and substitute: 14

Schedule 1—Related amendments Part 1—Amendment of Spent Convictions Act 2009 1—Amendment of section 3—Preliminary (1) Section 3(1)—after the definition of designated judicial authority insert: designated juvenile offence means an offence that was committed while the defendant was under the age of 14 years; (2) Section 3(1), definition of eligible juvenile offence—after "child" insert: of or above the age of 14 years 2—Amendment of section 5—Scope of Act Section 5(1)—after paragraph (d) insert: (e) a conviction for a designated juvenile offence. 3—Insertion of section 8D After section 8C insert: 8D—Spent conviction for designated juvenile offence A conviction for a designated juvenile offence is on the commencement of this section immediately spent. 4—Amendment of Schedule 1—Exclusions Schedule 1, clause a1(1)—after paragraph (c) insert: (d) does not apply in relation to a designated juvenile offence that is spent under section 8D. Part 2—Amendment of Youth Justice Administration Act 2016 5—Amendment of section 4—Interpretation Section 4(1), definition of youth—delete "10" and substitute: 14 6—Amendment of section 28—Safe rooms (1) Section 28(2)—delete the subsection (2) Section 28(4)—delete subsection (4) and substitute: (4) A resident of a training centre may only be detained in a safe room for so long as is necessary in the circumstances but, in any event, for no longer than 24 hours. 7—Amendment of section 37—Transfer of young offenders to this State Section 37(2)(a)—delete "over the age of 10" and substitute: of or above the age of 14