Youth Justice Regulations 1999

Youth Justice Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Youth Justice Act 1997 .

22 December 1999

G. S. M. GREEN

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Health and Human Services

1.   Short title

These regulations may be cited as the Youth Justice Regulations 1999 .

2.   Commencement

These regulations take effect on 1 February 2000.

3.   Interpretation

In these regulations,

Act means the Youth Justice Act 1997 .

4.   Prescribed person in sections 55 , 56 , 68 and 94 of Act

For the purposes of sections 55 , 56 , 68 and 94 of the Act, the following persons are prescribed persons:

(a) the Secretary;

(b) a person occupying the position of Youth Justice Coordinator in the Department;

(c) a police officer.

5.   Appeals

(1)  An appeal under section 118 of the Act is to be instituted by a notice of appeal lodged with the clerk of petty sessions.

(2)  A notice of appeal is to specify the parties to the appeal and the grounds giving rise to the appeal.

(3)  On the lodgment of a notice of appeal, the clerk of petty sessions must –

(a) cause a copy of the notice to be provided to the Minister; and

(b) notify the parties to the appeal, in writing, of the time and place at which the appeal is to be heard.

(4)  The magistrate hearing an appeal or a party to an appeal may summon a person to appear and give evidence at the hearing of the appeal by causing that person to be served with a summons.

(5)  The magistrate hearing an appeal –

(a) may adjourn the hearing as the magistrate considers appropriate; and

(b) may inform himself or herself on any relevant matters in such manner as he or she considers appropriate; and

(c) must proceed without undue formality; and

(d) is not bound by the rules of evidence.

(6)  The hearing of an appeal is to be open to the public.

(7)  A party to an appeal may be represented at the hearing of the appeal by another person (whether a legal practitioner or otherwise).

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 December 1999

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) provide the procedure for appeals under the Youth Justice Act 1997 ; and

(b) prescribe the persons who may make certain applications under sections 55 , 56 , 68 and 94 of that Act.