Youth Justice (Miscellaneous Amendments) Act 2013


Tasmanian Crest
Youth Justice (Miscellaneous Amendments) Act 2013

An Act to amend the Youth Justice Act 1997 , and, in their application to youths, certain provisions in the Monetary Penalties Enforcement Act 2005 , the Police Offences Act 1935 and the Victims of Crime Compensation Act 1994

[Royal Assent 18 July 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Youth Justice (Miscellaneous Amendments) Act 2013 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.
PART 2 - Youth Justice Act 1997 Amended

3.   Principal Act

In this Part, the Youth Justice Act 1997 is referred to as the Principal Act.

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

[Commences: 1 September 2014

18.    Sections 24A , 24B and 24C inserted

After section 24 of the Principal Act , the following sections are inserted in Part 3:

24A.   Duties of police officer where youth arrested

(1)  If a youth is arrested, a reference in the Criminal Law (Detention and Interrogation) Act 1995 to a friend is to be taken, in relation to the youth, to include a reference to a person who is a responsible adult, within the meaning of this Act, in respect of the youth.
(2)  A police officer who arrests a youth must, as soon as practicable –
(a) inform the youth of the youth's right to refuse to answer questions, or to participate in investigations, except where required to do so by or under an Act of the State or of the Commonwealth; and
(b) ensure that, if practicable, the youth's guardian is notified of the arrest.
(3)  Subsection (2) does not derogate from any other duties that a police officer who arrests a youth has under any other law of the State relating to investigation, interrogation, arrest, bail, remand or custody.

24B.   Conditions of bail

A court or justice, or a police officer, who intends to admit a youth to bail must have regard to the principles set out in section 5 , so far as they may apply to the circumstances of the youth, in deciding whether to impose any conditions on the bail and in determining the conditions that are imposed on the bail.

24C.   Breach of condition of bail

(1)  In this section –
relevant contravention, in relation to a youth, means a contravention by the youth, without reasonable cause, of any condition of bail that has effect after the release of the youth from custody, other than a contravention consisting of a failure to appear before a justice or a court, as required under section 5 or 7 of the Bail Act 1994 .
(2)  If a relevant contravention by a youth occurs –
(a) sections 5(4) and 9 of the Bail Act 1994 do not apply in relation to the contravention; and
(b) a court (including the Court) may take the contravention into account in sentencing the youth for the offence in relation to which the bail to which the contravention relates was granted.
(3)  If a youth is arrested under section 5(5A) of the Bail Act 1994 in respect of a relevant contravention, a reference in section 34(1) or 34A of the Justices Act 1959 to a simple offence, or to an offence, respectively, is,in its application to the youth in respect of the arrest, to be taken to include a reference to a relevant contravention.
(4)  If a youth is arrested under section 5(5A) or 10 of the Bail Act 1994 in respect of a relevant contravention, a reference in section 4 of the Criminal Law (Detention and Interrogation) Act 1995 to an offence, in its application to the youth in respect of the arrest, is to be taken to be a reference to a relevant contravention.

]

[Uncommenced

19.    Section 25A inserted

After section 25 of the Principal Act , the following section is inserted in Part 3:

25A.   Searches of youths

(1)  In this section –
body cavity search means a search of the rectum or vagina of a youth;
custodial premises means a prison, detention centre, police station or watch-house.
(2)  This section applies only toa search of a youth who is in custody in custodial premises.
(3)  Despite any other provision of this Act or any other Act, if –
(a) a search of a person is authorised under section 131 or any other Act; and
(b) this section applies to the search –
the search is only authorised if it is carried out in accordance with the requirements of the regulations.
(4)  Nothing in this section or the regulations is to be taken to authorise a person to carry out a search if the search is not authorised under section 131 or a provision of another Act.
(5)  Nothing in this section or the regulations is to be taken to authorise the carrying out of a body cavity search of a youth by a person who may, under section 131 or a provision of another Act, carry out a search of the youth, unless such a search is specifically authorised under the provision of the other Act.

]

20.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

[Uncommenced

44.    Section 101A inserted

After section 101 of the Principal Act , the following section is inserted in Division 15:

101A.   Workers rehabilitation provisions apply to youth performing community service

(1)  A youth performing community service is, for the purposes of the Workers Rehabilitation and Compensation Act 1988 , taken to be a worker who is employed by the Crown and who is being paid at the greater of the following rates:
(a) a rate equal to the basic salary within the meaning of that Act;
(b) the rate of the youth's normal weekly earnings, if any, within the meaning of section 69 of that Act.
(2)  For the purposes of this section, a youth is performing community service if he or she is –
(a) performing a required activity for the purposes of –
(i) an undertaking entered into by the youth under section 10(2)(c) or section 16(1)(e) ; or
(ii) a community service order; or
(b) making a required journey.
(3)  For subsection (2)(a) , a youth is taken to be performing a required activity for the purposes of an undertaking or order referred to in that paragraph if he or she is –
(a) reporting to his or her youth justice worker for the purposes of the undertaking or order; or
(b) performing community service in accordance with the undertaking or order; or
(c) doing something else at the request or direction of, or with the express or implied authority of, the youth's youth justice worker.
(4)  For subsection (2)(b) , a required journey is a journey made for the purposes of, or in connection with, a required activity.
(5)  Despite subsection (4) , a journey is not taken to be a required journey for subsection (2)(b) by reason only of the fact that it is for the purpose of enabling a youth to travel –
(a) from his or her place of residence to the place at which he or she is required to perform a required activity; or
(b) from the place at which he or she is required to perform a required activity to his or her place of residence.

]

45.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

46.   

The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendments effected by this section have been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

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The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

50.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .

51.   

The amendment effected by this section has been incorporated into the authorised version of the Youth Justice Act 1997 .
PART 3 - Monetary Penalties Enforcement Act 2005 Amended

52.   

The amendments effected by this Part have been incorporated into the authorised version of the Monetary Penalties Enforcement Act 2005 .

53.   

The amendments effected by this Part have been incorporated into the authorised version of the Monetary Penalties Enforcement Act 2005 .
PART 4 - Police Offences Act 1935 Amended

54.   

The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935 .

55.   

The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935 .

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The amendments effected by this Part have been incorporated into the authorised version of the Police Offences Act 1935 .
PART 5 - Victims of Crime Compensation Act 1994 Amended

57.   

The amendments effected by this Part have been incorporated into the authorised version of the Victims of Crime Compensation Act 1994 .

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The amendments effected by this Part have been incorporated into the authorised version of the Victims of Crime Compensation Act 1994 .
PART 6 - Repeal of Act

59.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which all its provisions commence.