2010
2010
s2009-015
2016-09-01
Young Offenders Act 1997
act-1997-054
reg
none
reprint
act-2013-080
allinforce
website
LW 30 July 2010
1
2015-09-01
2016-09-01
2016-09-01
act
act-1989-146
sl-2010-0399
396ca97b-b2e7-4357-a2a1-5c95c0288f05
74dffdc7-8222-4078-a117-ece8d53d018b
Repeal:
This Regulation was repealed by sec 10 (2) of the
Subordinate Legislation Act 1989 No 146
with effect from 1.9.2016.
Part 1Preliminary
1Name of
Regulation
This Regulation is the Young Offenders Regulation
2010.
2Commencement
This Regulation commences on 1 September 2010 and
is required to be published on the NSW legislation website.
Note—
This Regulation replaces the Young Offenders Regulation 2004, which
is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act
1989.
3Definitions
(1)
In this Regulation:
COPS means the COPS (Computerised
Operational Policing System) database maintained by the NSW Police
Force.
DPP means the Director of Public
Prosecutions.
the
Act means the Young Offenders
Act 1997.
(2)
Notes included in this Regulation do not form
part of this Regulation.
Part 2Youth justice
conferences
4Notification of
referrals
(1)
If the DPP or a court refer a matter involving a
child who is alleged to have committed an offence to a conference
administrator for a conference under section 40 of the Act, the DPP or court
must notify, in writing, the Local Area Commander of the local police area in
which the offence was alleged to have occurred.
(2)
A notification is to include the reasons why the
referral is being made and state how those reasons relate to the matters set
out in section 40 (5) of the Act.
5Notice of referrals to be
given to conference administrators
(1)
The referral of a matter to a conference
administrator under section 38 (1) or 40 (1) of the Act must be accompanied by
a notice in accordance with this clause.
(2)
A notice must be in the form approved by the
Director-General.
(3)
The Director-General may approve a form only
after consultation with:
(a)
in the case of a matter referred by a specialist
youth officer—the Commissioner of Police, and
(b)
in the case of a matter referred by the
DPP—the DPP, and
(c)
in the case of a matter referred by the Local
Court—the Chief Magistrate of the Local Court, and
(d)
in the case of a matter referred by the
Children’s Court—the President of the Children’s
Court.
(4)
A notice is to include the following, unless it
is not reasonably practicable to do so:
(a)
a summary of the criminal history of the child
concerned,
(b)
details of any warning or caution given, or
conference held, under the Act in relation to the child
concerned,
(c)
in the case of a matter referred by a specialist
youth officer—a copy of any record kept on COPS that relates to the
matter or any equivalent record,
(d)
in the case of a matter referred by the DPP or a
court:
(i)
a copy of the charge sheet, charge cover sheet
and facts sheet that relate to the matter or any equivalent record,
and
(ii)
if the DPP or court has been provided with any
record kept on COPS that relates to the matter or any equivalent
record—a copy of such record,
(e)
such other information that the person or body
giving the notice considers relevant.
6Times for outcome
plans
For the purposes of section 52 (6) (b) of the
Act, the maximum time for the implementation of any outcome plan is 6 months
or such further time as the Director-General may approve in any particular
case.
7Maximum period of community
service work
For the purposes of section 52 (6) (c) of the
Act, the period of community service work imposed by an outcome plan must not
exceed the maximum number of hours that may be imposed in respect of the same
offence under the Children (Community Service Orders)
Act 1987.
8Outcome plans in respect of
bush fire or arson offences
(1)
This clause applies to a child who admits to an
offence covered by the Act that consists of:
(a)
the lighting of a bush fire,
or
(b)
the destruction or damage of property by means of
fire.
(2)
For the purposes of section 52 (6) (e) of the
Act, an outcome plan for a child to whom this clause applies must provide
for:
(a)
attendance by the child at a program, or at the
screening of a film or video, designed to provide education as to the harmful
effects of fire, and
(b)
the making of reparation for the offence, such
as:
(i)
assistance in clean-up operations and in
treatment of injured animals or, if such work is not available, community
service work comparable to the performance of such work,
and
(ii)
the payment of compensation (not exceeding the
amount that a court may impose on conviction for the
offence).
(3)
This clause does not limit any other matter for
which an outcome plan may provide.
(4)
This clause does not affect the requirements of
the Act relating to the agreement of the child and victims of the offence to
the outcome plan.
9Outcome plans in respect of
graffiti offences
(1)
This clause applies to a child who admits to an
offence covered by the Act that consists of:
(a)
an offence against section 5 or 6 of the Graffiti Control Act 2008 or another
crime involving graffiti, or
(b)
damage to property by means of any graffiti
implement (within the meaning of the Graffiti Control
Act 2008).
(2)
For the purposes of section 52 (6) (e) of the
Act, an outcome plan for a child to whom this clause applies must provide for
at least one of the following:
(a)
the making of reparation for the offence, such
as:
(i)
the performance of graffiti removal work or, if
such work is not available, community service work comparable to the
performance of such work, and
(ii)
the payment of compensation (not exceeding the
amount that a court may impose on conviction for the
offence),
(b)
participation in a personal development,
educational or other program,
(c)
the fulfilment of any other obligation by the
child:
(i)
that is suggested by any victim of the offence
who personally attends the conference, and
(ii)
that is consistent with the objects of the
Act.
(3)
This clause does not limit any other matter for
which an outcome plan may provide.
(4)
This clause does not affect the requirements of
the Act relating to the agreement of the child and victims of the offence to
the outcome plan.
10Records of
conferences
For the purposes of section 59 (2) of the Act, a
record of a conference is to contain the following matters:
(a)
the name and address of the
child,
(b)
the date of birth of the
child,
(c)
the gender of the child,
(d)
the cultural or ethnic background of the
child,
(e)
the nature of the offence,
(f)
the date the referral for a conference was
received,
(g)
the name of the conference
convenor,
(h)
the name of the conference administrator
concerned,
(i)
the date on which, and place where, the
conference was held,
(j)
the persons who attended the conference and the
capacity in which they attended,
(k)
particulars of the outcome plan of the
conference,
(l)
the person responsible for the outcome
plan,
(m)
whether the outcome plan was
completed,
(n)
any other matters the conference administrator
thinks relevant.
Part 3Miscellaneous
11Penalty notice offences
subject to young offenders scheme
For the purposes of section 9 (2A) of the Act, an
offence under any of the following provisions is prescribed as an offence in
respect of which an investigating official must consider the matters referred
to in section 9 (2) (a) and (b) of the Act before issuing a penalty
notice:
(a)
section 11C of the Summary Offences Act
1988,
(b)
section 199 of the Law
Enforcement (Powers and Responsibilities) Act
2002.
12Records of warnings and
cautions
(1)
For the purposes of section 17 (2) of the Act, a
record of a warning given to a child under Part 3 of the Act must contain the
following matters:
(a)
the time the offence
occurred,
(b)
the place where the offence
occurred,
(c)
the nature of the offence,
(d)
the name of the child,
(e)
the gender of the
child.
(2)
For the purposes of section 33 (2) of the Act, a
record of a caution given to a child under Part 4 of the Act must contain the
following matters:
(a)
the name and address of the
child,
(b)
the date of birth of the
child,
(c)
the gender of the child,
(d)
the cultural or ethnic background of the
child,
(e)
the name and rank (if any) of the person who gave
the caution,
(f)
the nature of the offence,
(g)
the place, date and time of the
caution,
(h)
the persons present when the caution was
given.
(3)
A record referred to in subclause (1) or (2) is
to be kept on COPS.
13Form and content of written
victim statements
For the purposes of section 24A (2) of the Act, a
written statement from a victim:
(a)
must be legible, and may be either typed or
hand-written, and
(b)
must be no longer than two A4 sized pages,
and
(c)
must identify the victim or victims to whom it
relates, and
(d)
must include the full name of the person who
prepared the statement and must be signed and dated by that person,
and
(e)
must include only the victim’s description
of the incident that is the subject of the caution and its impact on the
victim, and
(f)
must not have any medical, psychological or
similar report attached, and
(g)
must not contain anything that is offensive,
threatening, intimidating or harassing, and
(h)
must not contain a request for compensation or
reparation.
14Delegation of
Director-General’s functions
For the purposes of section 62A (b) of the Act, a
Regional Director of the Department of Attorney General and Justice is
prescribed as a person to whom the Director-General may delegate any of the
Director-General’s functions.
cl 14: Am 2012 No 67,
Sch 3.6 [1].
15Disclosure of records relating
to cautions and conferences to Department of Attorney General and
Justice
For the purposes of section 66 (2) (e) of the
Act, a record of, or relating to, a caution or conference under the Act may be
divulged to an authorised officer of the Department of Attorney General and
Justice only if the request for any such record:
(a)
is in writing (on Department of Attorney General
and Justice letterhead) and addressed to the Manager, Criminal Records
Section, NSW Police Force, and
(b)
includes the reason for the request and describes
how the information will be used, and
(c)
includes the full name and work location of the
authorised officer of the Department of Attorney General and Justice to whom
the records are to be divulged, and
(d)
contains a declaration, by the authorised
officer, that:
(i)
the request relates to a child who is subject to
the supervision of the Department of Attorney General and Justice pursuant to
an order made under section 33 of the Children
(Criminal Proceedings) Act 1987, and
(ii)
the information will be used only in the manner
set out in the request, and
(e)
includes the full name and date of birth (and, if
known, the place of birth) of the person to whom the record relates,
and
(f)
includes a description of any court order that
relates to the request.
cl 15: Am 2012 No 67,
Sch 3.6 [2].
15ADisclosure of records relating
to warnings, cautions and conferences to Bureau of Crime Statistics and
Research
For the purposes of section 66 (2) (f) of the
Act, a record of, or relating to, a warning, caution or conference under the
Act may be divulged to a person employed in the Bureau of Crime Statistics and
Research if:
(a)
the information contained in the record will only
be used in research by that Bureau, the production of statistics by that
Bureau and the publication of those statistics and of reports relating to that
research, and
(b)
any such publication does not name or otherwise
identify the child to whom the record relates.
cl 15A: Ins 2012 No
67, Sch 3.6 [3].
15BDisclosure of records relating
to warnings, cautions and conferences to the Australian Bureau of Statistics
and the Australian Institute of Criminology
For the purposes of section 66 (2) (f1) of the
Act, a record of, or relating to, a warning, caution or conference under the
Act may be divulged to a person employed in the Australian Bureau of
Statistics or the Australian Institute of Criminology if:
(a)
the information contained in the record will only
be used by that Bureau or Institute in research, the production of statistics
and the publication of those statistics and of reports relating to that
research, and
(b)
any such publication does not name or otherwise
identify the person to whom the record relates.
cl 15B: Ins 2013 No
80, Sch 16.
16Authorised
officers
For the purposes of paragraph (e) of the
definition of authorised officer of the Department of Attorney
General and Justice in section 66 (4) of the Act, the
following members of staff of the Department of Attorney General and Justice
are prescribed:
(a)
an Executive Director,
(b)
a Regional Director,
(b1)
an Assistant Regional
Director,
(c)
an Area Manager,
(d)
an Assistant Manager,
(d1)
a Project Manager or Project Officer performing
duties in connection with the Department’s Youth on Track
scheme,
(e)
any person who has direct responsibility for
youth justice conferencing policy and procedures and who is authorised by the
Director-General for the purposes of this
paragraph.
cl 16: Am 2012 No 67,
Sch 3.6 [1] [4]; 2013 (355), cl 3.
17Transitional
provision—limit on number of cautions
A caution given before 15 November 2002 is to be
disregarded for the purposes of sections 20 (7), 23 (5), 31 (5), 37 (6), 38
(5), 41 (9) and 44 (5) of the Act.
18Savings
Any act, matter or thing that, immediately before
the repeal of the Young Offenders Regulation
2004, had effect under that Regulation continues to have
effect under this Regulation.
Historical
notes
Table of amending
instruments
Young Offenders
Regulation 2010 (399). LW 30.7.2010. Date of commencement,
1.9.2010, cl 2. This Regulation has been amended as follows:
2012
No
67
Crimes
Legislation Amendment Act 2012. Assented to
24.9.2012.
Date of commencement, assent, sec
2.
2013
(355)
Young Offenders Amendment (Youth on
Track) Regulation 2013. LW 28.6.2013.
Date of commencement, on publication on LW, cl
2.
No
80
Crimes and Courts
Legislation Amendment Act 2013. Assented to
29.10.2013.
Date of commencement, assent, sec
2.
Table of
amendments
Cl
14
Am 2012 No
67, Sch 3.6 [1].
Cl
15
Am 2012 No
67, Sch 3.6 [2].
Cl
15A
Ins 2012 No
67, Sch 3.6 [3].
Cl
15B
Ins 2013 No
80, Sch 16.
Cl
16
Am 2012 No
67, Sch 3.6 [1] [4]; 2013 (355), cl 3.