Youth Justice Regulations 2019

Youth Justice Regulations 2019

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 .

C. WARNER

Governor

By Her Excellency's Command,

R. C. JAENSCH

Minister for Human Services

1.   Short title

These regulations may be cited as the Youth Justice Regulations 2019 .

2.   Commencement

These regulations take effect on 30 September 2019.

3.   Interpretation

In these regulations –

Act means the Youth Justice Act 1997 .

3A.   Prescribed details for purposes of section 25K of Act

[Regulation 3A Inserted by S.R. 2022, No. 104, Applied:01 Dec 2022]

(1)  In this regulation –

person of the required gender, in relation to a youth, has the same meaning as in section 25D of the Act.

(2)  A word or phrase used in this regulation that is also used in Division 3 of Part 3 of the Act has the same meaning in this regulation as the word or phrase has in that Division.

(3)  For the purposes of section 25K of the Act, the following information in relation to a search is prescribed:

(a) the name of the youth to whom the search relates;

(b) whether the youth identifies as an Aboriginal or Torres Strait Islander;

(c) the gender of the youth;

(d) the date of birth of the youth;

(e) each relevant search purpose for which the search was conducted;

(f) the date on which, and the time at which, the search was conducted;

(g) information sufficient to identify the room, or part of an area that is not a room, in which the search was carried out;

(h) the items, if any, seized during the search;

(i) the name of, and the position held by, the search officer who conducted the search;

(j) the name of, and the position held by, each other person who was present during the conduct of the search;

(k) whether the search officer conducting the search, and each other person who was present during the conduct of the search, was a person of the required gender in relation to the youth;

(l) if a person conducting the search, or another person who was present during the conduct of the search, was not a person of the required gender in relation to the youth, the name of, and the position held by, the person, if any, who gave approval for that person to conduct the search or to be present during the conduct of the search;

(m) if the search is an unclothed search –

(i) the name of, and the position held by, the person who authorised, under section 25E(6) of the Act, the search to be conducted; and

(ii) the conditions, if any, specified in the authorisation;

(n) whether the youth was given the information and opportunity required to be given to the youth under section 25H of the Act.

4.   Prescribed persons for 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.

5.   Prescribed person for section 99A of Act

For the purposes of section 99A of the Act, the Secretary is a prescribed person.

6.   Prescribed matters for section 135A of Act

(1)  For the purposes of section 135A(1) of the Act, the following persons are prescribed officers:

(a) the Commissioner for Children and Young People;

(b) the Custodial Inspector.

(2)  For the purposes of sections 135A(2)(a) and (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 26 September 2019

These regulations are administered in the Department of Communities Tasmania.