Criminal matters — legislation

[7-0050] Bail Act 2013

Children — bail conditions in relation to accommodation: s 28 — prohibition against multiple or detention applications to the same court unless there are grounds for a further release application: s 74 — an application for release may be made in relation to a child: s 74(3)(d).

[7-0100] Children (Criminal Proceedings) Act 1987

Children — criminal proceedings — age of criminal responsibility — Children’s Court jurisdiction — commencement of proceedings — hearings — publication and broadcasting of names — penalties — compensation — background reports — criminal proceedings — adjournments — charges hearings — cumulative or concurrent orders — guilty plea — non-association and place restriction orders — reasons for decisions — compensation — term of control order — variation of good behaviour bond or probation — enforcement — suspension of control order — mistake in exercise of jurisdiction — youth conduct orders — proceedings for offences — procedures for remitting cases from one court to another — drug rehabilitation programs.

[7-0110] Children (Criminal Proceedings) Regulation 2016

Children — criminal proceedings — serious children’s indictable offence — lists of adults willing to attend interviews — background reports — conditions that may be imposed by certain orders — explanatory material for orders — authorised officers — consultation required before conditions as to residence or treatment imposed on parole — parole orders — warrants of commitment — savings — any act, matter or thing that, immediately before the repeal of the Children (Criminal Proceedings) Regulation 2011, had effect under the 2011 Regulation continues to have effect under the 2016 Regulation.

[7-0150] Children (Community Service Orders) Act 1987

Children — criminal proceedings — applicable to children under 21 years and guilty or convicted of an offence — making children’s community service orders by courts — administration of children’s community service orders — extension and revocation of children’s community service orders — liability in respect of community service work — notice of revocation of orders — orders to be taken into account in subsequent dealings — disclosure of information.

[7-0200] Children (Detention Centres) Act 1987

Children — criminal — detention centres — establishment, control, management and inspection — Official Visitors — admission to detention centres — persons on remand and persons subject to control — exceptions — transfers — detention orders — treatment of detainees — maintenance of physical, psychological and emotional well-being of detainees — promotion of social, cultural and educational development — maintenance of discipline and good order — facilitation of the proper control and management of detention centres — leave — escorted absences — restrictions on and conditions of leave — medical attention — riots and disturbances — transfers — detention centre offence — discharge — termination of detention orders — offences — administration — appointment of medical officers — testing of juvenile justice officers for alcohol and prohibited drugs — Serious Young Offenders Review Panel — Victims Register.

[7-0210] Children (Detention Centres) Regulation 2015

Children — criminal — detention centres — administration — admission — information — classification — health and medical attention — health, medical attention and maintenance of physical well-being — segregation — uniform — property, possession and disposal — education and training — access to programs — case management — preparation and development of case plans — visits — letters and parcels — telephone communications — communications with staff members — complaints — leave — maintenance of order — use of dogs to assist in drug detection — use of force — testing for alcohol or drugs — list of punishments for misbehaviour — inquiry into misbehaviour — misbehaviour dealt with by the Children’s Court — parole — conduct of juvenile justice officers regarding alcohol and prohibited drugs — health, mental illness and death of detainees — diet, exercise and treatment — spiritual welfare — list of general misbehaviour — serious misbehaviour — forms — notice of revocation of parole order — arrest warrant — warrant of commitment to detention centre.

[7-0250] Children (Interstate Transfer of Offenders) Act 1988

Children — criminal — interstate transfer of offenders — general agreement — arrangements — transfer orders — transfer to NSW in custody of escort — escape from custody — transfer of sentence or order — transit through NSW — revocation of transfer orders — reports — proceedings for offences.

[7-0300] Children’s Court Act 1987

Children — Children’s Court of NSW — constitution — jurisdiction — Children’s Court Advisory Committee — Children’s Court Clinic — functions of the President — reports — venue — contempt — judicial notice of signatures — appeals — rules — practice notes — directions may be given in circumstances not covered by the rules or the practice notes — provisions relating to Children’s Magistrates.

[7-0305] Children’s Court Regulation 2019

Children — Children’s Court of NSW — appeals in relation to decisions of Presidential Children’s Court — appeals etc under Children and Young Persons (Care and Protection) Act 1998 — appeals under Crimes (Appeal and Review) Act 2001 — appeals relating to apprehended violence orders — appeals relating to forfeiture orders under Sch 2 to the Bail Act 2013 — appeals relating to youth conduct orders — definitions — savings.

[7-0310] Children’s Court Rule 2000

Children — Children’s Court of NSW — general practice and procedure — application of the Rule — administration of the court, including seal, venue, sittings and delegation of functions — filing, lodgment and service of documents — care proceedings — functions of Children’s Registrars — applications — children and young persons as witnesses — evidence of school attendance — application for appointment of a person to act as guardian ad litem — record of proceedings — subpoenas — criminal proceedings — Children’s Court Clinic — Children’s Court Advisory Committee — forms.

[7-0350] Crimes Act 1900

Crimes — child murder — injuries to child at time of birth — abandoning or exposing a child under 7 years — failure of persons with parental responsibility to care for child — sexual intercourse with a child under 10 — attempting or assaulting with intent to have sexual intercourse with child under 10 — sexual intercourse with child between 10 and 16 — attempting or assaulting with intent to have sexual intercourse with child between 10 and 16 — persistent sexual abuse of a child — procuring or grooming a child under 16 for unlawful sexual activity — child abduction — child prostitution — child abuse material — measures to protect children in AVO proceedings.

[7-0400] Crimes (Administration of Sentences) Act 1999

Crimes — children — custody of persons during proceedings — subject to Children (Detention Centres) Act 1987 — see [7-0210].

[7-0450] Crimes (Sentencing Procedure) Act 1999

Crimes — children — provisional sentencing for child offenders — power to impose provisional sentence — case plan to be provided — effect of provisional sentence — progress reviews — progress reports to be provided by person responsible for detention of an offender — final sentence — time limit for imposition of final sentence — appeals.

[7-0500] Young Offenders Act 1997

Children — scheme to provide alternative processes to the court system — youth justice conferences — cautions — warnings — proceedings for offences — publication and broadcasting of names — disclosure of records — certain statements inadmissible — interventions not to be disclosed as criminal history — range of investigating officials — notices — liability of officers — conference convenors.

Act

Young Offenders Act 1997

Second Reading Speech

Young Offenders Bill 1997, NSW, Legislative Council, Hansard, 21 May 1997, p 8958.

[7-0550] Young Offenders Regulation 2016

Children — Youth justice conferences — notification of referrals — notice of referrals to be given to conference administrators — times for outcome plans — maximum period of community service work — outcome plans in respect of bush fire or arson offences — outcome plans in respect of graffiti offences — records of conferences — Disclosure of records — disclosure relating to cautions and conferences to Department of Justice — disclosure relating to warnings, cautions and conferences to the Bureau of Crime Statistics and Research — disclosure relating to warnings, cautions and conferences to the Australian Bureau of Statistics and the Australian Institute of Criminology — Miscellaneous — penalty notice offences subject to young offenders scheme — records of warnings and cautions — form and content of written victim statements — delegation of Secretary’s functions — authorised officers — savings — any act, matter or thing that, immediately before the repeal of the Young Offenders Regulation 2010, had effect under the 2010 Regulation continues to have effect under the 2016 Regulation.