Young Offenders Act 1994 (WA)

Western Australia Young Offenders Act 1994 Western Australia Young Offenders Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Young offenders reaching 18 1 5. Criminal Procedure Act 2004 overridden 1 6A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 Part 2 — Objectives and principles 6. Objectives 1 7. General principles of juvenile justice 1 8. Responsible adults, role of 1 Part 3 — Administration Division 1 — Chief executive officer 9. Chief executive officer, functions of 1 10. Chief executive officer may delegate 1 Division 2 — Other officers and employees 11. Officers and employees, appointment of 1 11A. Duties of all officers and employees 1 11B. Powers and duties of custodial officers 1 Division 3 — Removal of custodial officers due to loss of confidence Subdivision 1 — Preliminary 11CA. Terms used 1 Subdivision 2 — Removal of custodial officers 11CB. Application of Subdivision 1 11CC. Removal action 1 11CD. Notice of loss of confidence 1 11CE. Maintenance payment 1 11CF. Withdrawal of removal action and revocation of removal 1 11CG. Resignation of custodial officer who has been removed 1 Subdivision 3 — Appeal against removal of custodial officer 11CH. Appeal right 1 11CI. Proceedings on appeal 1 11CJ. Leave to tender new evidence on appeal 1 11CK. Opportunity to consider new evidence 1 11CL. Revocation of removal after consideration of new evidence 1 11CM. Application of Industrial Relations Act 1979 to appeals 1 11CN. Adjournment of appeal if appellant charged with offence 1 11CO. Resumption of appeal before end of adjournment 1 11CP. Decision by WAIRC 1 11CQ. Determining amount of compensation 1 11CR. Restriction on publication 1 Subdivision 4 — General 11CS. Effect of charge for, or conviction or acquittal of, offence 1 11CT. Failure to comply with procedure 1 11CU. Transfer, standing down and leave of custodial officer 1 11CV. Review of Division 1 Division 4 — Management, control, security and wellbeing of young offenders 11C. Use of force 1 11D. Use of restraints 1 11E. Assistance by prison officers 1 11F. Assistance by police officers 1 12. Departmental and subsidised facilities, establishment of 1 13. Detention centres, establishing 1 14. Records of young offenders, duty to keep 1 15. Records of young offenders, access to 1 15A. Disclosure of personal information relating to young offenders 1 16. Exchange of information 1 16A. Disclosure authorised 1 16B. Protection of Commissioner of Police reports that may be withdrawn 1 16C. Protection of Commissioner of Police reports containing terrorist intelligence information 1 16D. Protection of terrorist intelligence information in legal proceedings 1 17. Confidentiality 1 Division 5 — Arrangements with councils of Aboriginal communities 17A. Terms used 1 17B. Community supervision agreement 1 17C. Appointment of monitor 1 17D. Compensation for injury 1 Part 4 — Young persons in custody before being dealt with for an offence 19. Detention of young persons apprehended by police 1 20. Responsible adult to be notified 1 21. Young person in custody awaiting trial 1 21A. Chief executive officer may direct that mandatory transfer does not apply 1 Part 5 — Dealing with young offenders without taking court proceedings Division 1 — Cautioning 22A. Purpose of this Division 1 22B. Police officer to consider alternatives to court proceedings 1 22. Cautions may be given except for certain offences 1 23. Cautioning to be preferred in certain cases 1 23A. Caution certificate to be given 1 23B. Police officer may retain a thing relating to an offence 1 Division 2 — Referral to juvenile justice team 24. Principles 1 25. Only certain matters may be referred to teams 1 26. Release of young person under arrest 1 27. Referral to team by prosecutor 1 28. Referral to team by court 1 29. First offenders usually should be referred to team 1 30. Role of responsible adult 1 31. Role of victim 1 32. Powers of juvenile justice team 1 33. Effect on liability to be dealt with by court 1 34. Civil liability not affected 1 Division 3 — Juvenile justice teams 35. Terms used 1 36. Juvenile Justice Team Coordinator, appointment of 1 37. Establishing juvenile justice teams 1 37A. No representation by lawyer or agent 1 38. Decisions to be unanimous 1 39. Records to be kept 1 40. No report of proceedings to be published 1 Part 6 — Court proceedings 41. Preliminary considerations for police before prosecuting 1 42. Notice to attend court usually preferable to summons 1 43. Notices to attend court, general provisions about 1 44. Proceedings to be explained to young persons 1 45. Responsible adult may be required to attend court 1 Part 7 — Sentencing and related matters Division 1 — General 46. Principles and considerations to be applied to young offenders 1 46A. Application of Sentencing Act 1995 1 47. Court may request information 1 48. Certain reports required 1 49. Remand for observation 1 50. Offender aged under 17 at time of sentence, options 1 50A. Offender aged 17 or over but under 18 at time of sentence, options 1 50B. Offender aged 18 or over at time of sentence, options 1 51. Responsible adult to be present for certain orders 1 52. Order requiring consent to be explained 1 54. Body samples may be required to be provided 1 55. Conviction, when to be recorded 1 56. Compensation and restitution, orders for 1 57. Costs may be ordered to be paid 1 58. Responsible adult may be made liable for fine etc. 1 59. Court orders to be provided in writing 1 60. Orders etc. under this Part are sentences 1 62. Workers' compensation for compulsory work 1 63. Terms used 1 64. Enforcing payment by young person who has reached 18 1 65. Enforcing payment by young person who has not reached 18 1 65A. Court's powers to deal with defaulter 1 65B. Community work order 1 65C. Detention order 1 Division 2 — No punishment and no conditions 66. Court may refrain from punishing in some cases 1 Division 3 — No punishment but conditions 67. Undertakings and informal punishment 1 68. Adjournment 1 Division 4 — No punishment but security or recognisance 69. Recognisance by offender to be of good behaviour etc. 1 70. Responsible adult may give security for offender's good behaviour etc. 1 Division 5 — Fine 71. Fine instead of imprisonment 1 72. Offender must be able to pay 1 Division 6 — Youth community based order 73. Youth community based order, nature of 1 74. Offender must be suitable and consent 1 75. Proposed agenda required for suitable person 1 76. Duration of order 1 77. Supervising officer 1 78. Conditions implied in order 1 79. Obligations under order may be suspended 1 80. Amendment of order, extent of power 1 81. Amendment of order 1 82. Breach of order, CEO may require offender to attend court 1 83. Breach of order, powers to deal with 1 84. Breach of order by re‑offending, new order may be made 1 85. Discharge or fulfillment of order, effect of 1 86. Proof of identity in proceedings for breach of order 1 87. Notice of court applications 1 Subdivision 1 — Attendance conditions 88. Requirement to attend courses 1 Subdivision 2 — Community work conditions 89. Requirement to perform unpaid work 1 90. Conditions cannot be imposed on child under 12 1 91. Community work, minimum and maximum hours of 1 92. Offender to attend before Departmental officer 1 93. Performing the work 1 94. Regulations relating to community work conditions 1 Subdivision 3 — Supervision conditions 95. Requirement to be supervised 1 96. Duration of supervision 1 97. Changing duration of supervision 1 Division 7 — Intensive youth supervision order 98. Intensive youth supervision order, nature of 1 99. Order may be made with or without custodial sentence 1 100. Order without custodial sentence 1 101. Order with custodial sentence (conditional release order) 1 102. Conditional release order to include agenda of conditions 1 103. Offender must be suitable and consent 1 104. Agenda proposal required for suitable person 1 105. Conditional release order, duration of 1 106. Conditional release order may relate to several sentences 1 107. Conditional release not to exceed 12 months 1 108. Supervising officer 1 109. Conditional release order, implied conditions of 1 109A. Conditional release order: specified places 1 109B. Conditional release order: devices 1 110. Obligations under order may be suspended 1 111. Amendment of order, extent of power 1 112. Amendment or cancellation of order 1 113. Breach of order, CEO may require offender to attend court 1 114. Breach of order, powers to deal with 1 115. Conditional release order, effect of expiry of 1 116. Cancellation of conditional release order, effect of 1 117. Notice of court applications 1 Division 8 — Custodial sentence 118. Sentencing for offences punishable by imprisonment 1 118A. Where sentence of imprisonment to be served 1 119. Taking time on remand into account 1 119A. Effect of not being in custody 1 120. Custodial sentence is sentence of last resort 1 121. Minimum period before release from detention 1 122. Aggregation of multiple sentences of detention 1 123. Cumulative sentences of detention, service of 1 Division 9 — Dealing with young person who repeatedly commits serious offences 124. When this Division applies 1 125. Protection of the community paramount 1 126. Special order, making of 1 127. Special order, time of operation 1 128. Special order, effect of 1 129. Special order, application to discharge 1 130. Special order, effect of expiry of 1 Part 8 — Supervised release orders Division 1 — Definitions 131. Terms used 1 Division 2 — The order 132. Supervised release order, Board may make 1 133. Supervised release order, when can be made 1 134. Duration of order 1 135. Order may relate to more than one sentence 1 136. Conditions implied in order 1 136A. Express conditions: specified places 1 136B. Express conditions: devices 1 137. Effect of proposed order to be explained to offender 1 138. Order to be provided in writing 1 139. Supervising officer 1 140. Obligations under order may be suspended 1 141. Amendment of order, extent of power 1 142. Amendment or cancellation of order 1 142A. Cancellation automatic in case of offender with links to terrorism 1 142B. Supervised release order, when cancellation under s. 142A takes effect 1 143. Cancellation of certain obligations after 6 months' release 1 144. Breach of order other than by re‑offending, report to CEO 1 145. Courts to notify Board and CEO of re‑offending 1 146. Report to be provided when referring matter to Board 1 147. Breach of order, how Board may deal with 1 147A. Offending while on supervised release order: automatic cancellation 1 148. Compliance with order, effect of 1 149. Suspension or cancellation of order, effect of 1 150. Cancellation of order after offender reaches 18 1 Division 2A — Offenders with links to terrorism or subject to Commissioner of Police reports Subdivision 1 — Preliminary 150A. Release considerations 1 Subdivision 2 — Supervised release orders in cases of offenders with links to terrorism 150B. References to Board 1 150C. Making supervised release orders 1 150D. Commissioner of Police reports 1 150E. Withdrawing Commissioner of Police reports 1 Subdivision 3 — Supervised release orders for other offenders subject to Commissioner of Police reports 150F. Releasing offender subject to Commissioner of Police report under supervised release order 1 Subdivision 4 — Review 150G. Review of Division 1 Division 3 — The Supervised Release Review Board 151. Board established 1 152. Board members 1 153. Term of office 1 154. Alternate members 1 155. Remuneration and allowances 1 156. Meetings 1 157. Quorum 1 158. Presiding at meetings 1 159. Board may request reports 1 160. Determination of questions 1 161. Procedure 1 162. Board may reconsider its decision 1 163. Rules of natural justice excluded 1 164. Judicial notice of Board's documents 1 165. Annual report 1 165A. Information to be excluded from annual reports 1 Part 9 — Detention centres 166. Appointment of visiting justices 1 168. Visiting justices, functions of 1 169. Right of certain persons to enter detention centre 1 169A. Investigation of alleged incident at detention centre 1 170. Detention offences 1 171. Detention offence charge, procedure on 1 172. Visiting justice may deal with referred charges 1 173. Detention offences, dealing with 1 174. Detention offence charges, hearing of 1 175. Visiting justice may direct prosecution for detention offence 1 176. Early discharge from detention 1 178. Transfer of offender who is 16 or 17 years old from detention centre to prison 1 178A. Transfer of offender who has reached age of 18 years from detention centre to prison 1 178B. Chief executive officer may direct that mandatory transfer does not apply 1 179. Medical treatment, removal for 1 180. Death of detainee, coroner to investigate 1 181. Rules for detention centres, CEO may make 1 Part 10 — Miscellaneous 182. Protection from legal liability 1 183. Order to be defence to actions 1 184. CEO may give consent in relation to detainee 1 185. Minister may make certain payments 1 186. Officer of Department may conduct cases 1 187. Certificate of superintendent to be evidence 1 188. Person having charge of detainee has legal custody 1 189. Certain offenders to be regarded as not convicted 1 190. Disclosure of certain convictions 1 191. Unlawfully communicating with detainee 1 192. Unlawfully remaining in detention centre 1 193. Escape from custody 1 193A. Arrest warrant may be issued if warrant of commitment in force 1 194. Personating an officer 1 195. General penalty 1 196. Regulations 1 197. Delegation of prescribed functions 1 197A. Delegation by Commissioner of Police 1 Part 11 — Amendment of certain other Acts and transitional provisions Division 3 — Transitional provisions Subdivision 1 — General 231. Interpretation Act 1984 applies 1 232. Orders for past matters 1 233. Orders under former provisions 1 234. Detention centres under Child Welfare Act 1947 1 235. Proceedings pending before children's panels 1 Subdivision 2 — Transitional provisions for Young Offenders Amendment Act 2023 235A. Term used: commencement day 1 235B. Young persons in detention on commencement day who have reached age of 18 years 1 235C. Offenders in detention on commencement day who have reached age of 18 years 1 235D. Applications not yet determined taken to be withdrawn 1 Division 4 — Miscellaneous 237. Review of Act 1 Schedule 1 — Schedule 1 offences Schedule 2 — Schedule 2 offences Schedule 3 — Adaptations for community work in default of payment 1. References to offender 1 2. Conditions 1 3. Duration of order 1 4. Powers of court in dealing with breach 1 5. Effect of partially performing work ordered in default of payment 1 6. Proof of identity 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Young Offenders Act 1994 An Act relating to young persons who commit offences against the law, to amend certain Acts 1, and for related purposes.