Youth Justice Regulations 2009

Youth Justice Regulations 2009

I, the Lieutenant-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 .

E. C. CRAWFORD

Lieutenant-Governor

By His Excellency's Command,

L. E. THORP

Minister for Human Services

1.   Short title

These regulations may be cited as the Youth Justice Regulations 2009 .

2.   Commencement

These regulations take effect on 29 December 2009.

3.   Interpretation

In these regulations –

Act means the Youth Justice Act 1997 .

4.   Prescribed persons 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 police officer.

4A.   Prescribed person in section 99A of Act

[Regulation 4A Inserted by S.R. 2014, No. 114, Applied:05 Nov 2014] For the purposes of section 99A of the Act, the Secretary is a prescribed person.

5.   Appeal under section 118 of Act

(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).

6.   Prescribed officers in section 135A of Act

[Regulation 6 Inserted by S.R. 2016, No. 119, Applied:21 Dec 2016] For the purposes of the section 135A(1) of the Act, the following persons are prescribed officers:

(a) the Commissioner for Children and Young People;

(b) the Custodial Inspector.

7.   Prescribed Acts in section 135A(2) of Act

[Regulation 7 Inserted by S.R. 2016, No. 119, Applied:21 Dec 2016]

(1)  For the purposes of section 135A(2)(a) of the Act, the following Acts are prescribed Acts:

(a) Commissioner for Children and Young People Act 2016 ;

(b) Custodial Inspector Act 2016 .

(2)  For the purposes of section 135A(2)(b) of the Act, the following Acts are prescribed Acts:

(a) Commissioner for Children and Young People Act 2016 ;

(b) Custodial Inspector Act 2016 .

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

Notified in the Gazette on 30 September 2009

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