Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
table of provisions
SectionPage
SectionPage
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendments to Children and Young Persons Act 1989
3.Definition of "child" amended
4.Proceedings to be heard in open court
5.Court to have powers of Magistrates' Court
6.Appeals to be heard in open court
7.Non-accountable undertaking
8.Good behaviour bond
9.Court may order probation
10.Breach of probation
11.Court may impose youth supervision order
12.Penalties for breach
13.Youth attendance order
14.Concurrent orders
15.Breach of youth attendance order
16.Court may make youth training centre order
17.Appeal to County Court or Supreme Court
18.Appeals to be heard in open court
19.Power of Youth Parole Board to transfer person to prison
20.Persons in youth training centre may be transferred to youth residential centre
21.Persons in prison may be transferred to youth residential centre
22.Power of police to arrest person in youth training centre
23.Transitional
Part 3—Amendments to Crimes Act 1958
24.Definition of "relevant suspect"
25.Definition of "suspect"
26.Questioning or investigation of person already held for another matter
27.Persons under 17 years
28.Fingerprinting of children aged 17
29.Senior police officer may authorise non-intimate compulsory procedure for certain adults
30.Forensic procedure on child
31.Forensic procedure following the commission of forensic sample offence
32.Samples given voluntarily
33.Transitional
601.Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
Part 4—Amendments to Crimes (Family Violence) Act 1987
34.Definition of "child"
35.Jurisdiction of Children's Court
36.Complaints for intervention orders
37.Transitional
29.Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
Part 5—Amendments to Sentencing Act 1991
38.Sentencing orders
39.Deferral of sentencing
40.Transitional
129.Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
Part 6—Amendments to Evidence Act 1958
41.Definition of "child"
42.Transitional
157.Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
Part 7—Amendment to Parole Orders (Transfer) Act 1983
43.Definition of "parole order"
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Endnotes
1
SectionPage
Victoria
No. 72 of 2004
1
SectionPage
1
SectionPage
Children and Young Persons (Age Jurisdiction) Act 2004[†]
[Assented to 9 November 2004]
1
Act No. 72/2004
Children and Young Persons (Age Jurisdiction) Act 2004
1
Act No. 72/2004
Children and Young Persons (Age Jurisdiction) Act 2004
The Parliament of Victoriaenacts as follows:
1
Part 7—Amendment to Parole Orders (Transfer) Act 1983
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
Part 1—Preliminary
1.Purposes
The purposes of this Act are—
(a) to amend the Children and Young Persons Act 1989 to increase the age jurisdiction of the Criminal Division of the Children's Court from 17 years to 18 years; and
(b)to make consequential amendments to the Crimes Act 1958, the Crimes (Family Violence) Act 1987, the Sentencing Act 1991, the Evidence Act 1958 and the Parole Orders (Transfer) Act 1983.
2.Commencement
s. 2
(1)This Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 July 2005, it comes into operation on that day.
______
See:
Act No.
56/1989.
Reprint No. 7
as at
1 March 2002
and amending
Act Nos
69/1992, 11/2002, 35/2002, 83/2003 and 36/2004.
LawToday:
dpc.vic.
gov.au
Part 2—Amendments to Children and Young Persons Act 1989
3.Definition of "child" amended
s. 3
In paragraph (a) of the definition of "child" in section 3(1) of the Children and Young Persons Act 1989—
(a) for "17 years" substitute "18 years";
(b)for "18 years" substitute "19 years".
4.Proceedings to be heard in open court
In paragraph (a) of the penalty at the foot of section 19(6) of the Children and Young Persons Act 1989, for "17 years" substitute "18years".
5.Court to have powers of Magistrates' Court
In section 24(3) of the Children and Young Persons Act 1989, for "17 years" substitute "18years".
6.Appeals to be heard in open court
In paragraph (a) of the penalty at the foot of section 118(6) of the Children and Young Persons Act 1989, for "17 years" substitute "18years".
7.Non-accountable undertaking
In section 140 of the Children and Young Persons Act 1989, for "eighteenth" substitute "nineteenth".
8.Good behaviour bond
In section 144(2) of the Children and Young Persons Act 1989, for "eighteenth" substitute "nineteenth".
9.Court may order probation
s. 9
In section 158(1) of the Children and Young Persons Act 1989, for "nineteenth" substitute "twentieth".
10.Breach of probation
In section 160(5) of the Children and Young Persons Act 1989, for "18 years" substitute "19years".
11.Court may impose youth supervision order
In section 163(1) of the Children and Young Persons Act 1989, for "nineteenth" substitute "twentieth".
12.Penalties for breach
In section 166(2) of the Children and Young Persons Act 1989, for "18 years" substitute "19years".
13.Youth attendance order
In section 170(1) of the Children and Young Persons Act 1989—
(a)in paragraph (b), for "18 years" substitute "19 years";
(b)for "nineteenth" substitute "twentieth".
14.Concurrent orders
In section 174(1)(a) of the Children and Young Persons Act 1989, for "nineteenth" substitute "twentieth".
15.Breach of youth attendance order
In section 184(12) of the Children and Young Persons Act 1989, for "18 years" substitute "19years".
16.Court may make youth training centre order
s. 16
In section 188(1)(b) of the Children and Young Persons Act 1989, for "18 years" substitute "19years".
17.Appeal to County Court or Supreme Court
In section 197(9) of the Children and Young Persons Act 1989—
(a) for "18 years" substitute "19 years";
(b)for "19 years" substitute "20 years".
18.Appeals to be heard in open court
In paragraph (a) of the penalty at the foot of section 203(6) of the Children and Young Persons Act 1989, for "17 years" substitute "18years".
19.Power of Youth Parole Board to transfer person to prison
In section 240(4) of the Children and Young Persons Act 1989, for "17 years" substitute "18years".
20.Persons in youth training centre may be transferred to youth residential centre
In section 243(1) of the Children and Young Persons Act 1989, for "17 years" substitute "18years".
21.Persons in prison may be transferred to youth residential centre
In section 244A(1) of the Children and Young Persons Act 1989, for "17 years" substitute "18years".
22.Power of police to arrest person in youth training centre
s. 22
In section 259(1) of the Children and Young Persons Act 1989, for "17 years" substitute "18years".
23.Transitional
After clause 25 in Schedule 3 to the Children and Young Persons Act 1989 insert—
"26. (1)An amendment made to this Act by a provision of Part 2 of the Children and Young Persons (Age Jurisdiction) Act 2004 (other than sections 19 to 22) applies to a proceeding for an offence or for a breach of a sentencing order commenced on or after the commencement of that provision, regardless of when the offence to which the proceeding relates is alleged to have been committed or the sentencing order was made.
(2)An amendment made to this Act by a provision of sections 19 to 22 of the Children and Young Persons (Age Jurisdiction) Act 2004 applies to any person who is in a youth training centre or a prison at any time on or after the commencement of that provision, regardless of when the order for their detention or imprisonment was made.".
______
See:
Act No.
6231.
Reprint No. 17
as at
17 June 2003
and amending
Act Nos
63/2003, 80/2003, 104/2003, 105/2003, 16/2004, 20/2004 and 41/2004.
LawToday:
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gov.au
Part 3—Amendments to Crimes Act 1958
24.Definition of "relevant suspect"
s. 24
In the definition of "relevant suspect" in section 464(2) of the Crimes Act 1958, for "17 years" substitute "18 years".
25.Definition of "suspect"
In the definition of "suspect" in section 464(2) of the Crimes Act 1958, for "17 years" substitute "18 years".
26.Questioning or investigation of person already held for another matter
In section 464B(10) of the Crimes Act 1958—
(a) for "17 years" substitute "18 years";
(b) for "18 years" substitute "19 years".
27.Persons under 17 years
(1)Insert the following heading to section 464E of the Crimes Act 1958—
"Persons under 18 years".
(2)In section 464E(1) of the Crimes Act 1958, for "17 years" substitute "18 years".
28.Fingerprinting of children aged 17
In section 464K(8) of the Crimes Act 1958, for "15 or 16 years" substitute "15, 16 or 17 years".
29.Senior police officer may authorise non-intimate compulsory procedure for certain adults
In section 464SA(2)(b) of the Crimes Act 1958, for "17 years" substitute "18 years".
30.Forensic procedure on child
s. 30
(1)In section 464U(2) of the Crimes Act 1958, for "17 years" substitute "18 years".
(2)In section 464U(7) of the Crimes Act 1958, for "17 years" substitute "18 years".
31.Forensic procedure following the commission of forensic sample offence
(1)In section 464ZF(1) of the Crimes Act 1958, for "17 years" substitute "18 years".
(2)In section 464ZF(5) of the Crimes Act 1958, for "17 years" substitute "18 years".
32.Samples given voluntarily
In section 464ZGB(1) of the Crimes Act 1958, for "17 years" substitute "18 years".
33.Transitional
After section 600 of the Crimes Act 1958 insert—
"601.Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
(1)An amendment made to this Act by a provision of the Children and Young Persons (Age Jurisdiction) Act 2004 applies to all persons on and after the commencement of that provision regardless of whether or not immediately before that commencement—
(a)the person was in custody within the meaning of Subdivision (30A) of Division 1 of Part III; or
(b)the person had consented to undergo a forensic procedure under section 464R but the procedure had not yet been conducted; or
(c)the conduct of a non-intimate compulsory procedure was authorised under section 464SA but the procedure had not yet been conducted; or
(d)the person had consented to give a sample in accordance with section 464ZGB but the sample had not yet been taken.
s. 33
(2)Without limiting sub-section (1) or section 14(2) of the Interpretation of Legislation Act 1984, an amendment made to this Act by a provision of the Children and Young Persons (Age Jurisdiction) Act 2004 does not affect any order made by a court under Subdivision (30A) of Division 1 of Part IIIbefore the commencement of that provision and any such order may be executed or enforced, and any period of custody specified in it may be extended, as if this Act had not been amended by that provision.".
______
See:
Act No.
19/1987.
Reprint No. 5
as at
17 June 2003.
LawToday:
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gov.au
Part 4—Amendments to Crimes (Family Violence) Act 1987
34.Definition of "child"
s. 34
In the definition of "child" in section 3(1) of theCrimes (Family Violence) Act 1987, for "17years" substitute "18 years".
35.Jurisdiction of Children's Court
In section 3A(1) of the Crimes (Family Violence) Act 1987, for "17 years" substitute "18 years".
36.Complaints for intervention orders
In section 7(1)(d) of the Crimes (Family Violence) Act 1987, for "17 years" substitute "18years".
37.Transitional
At the end of Part 4 of the Crimes (Family Violence) Act 1987 insert—
"29.Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
An amendment made to this Act by a provision of the Children and Young Persons (Age Jurisdiction) Act 2004 applies to a complaint or other application made on or after the commencement of that provision, regardless of when the conduct to which the complaint or other application relates is alleged to have taken place.".
______
See:
Act No.
49/1991.
Reprint No. 7
as at
1 January 2004
and amending
Act Nos
2/2002, 53/2003, 10/2004, 20/2004 and 49/2004.
LawToday:
dpc.vic.
gov.au
Part 5—Amendments to Sentencing Act 1991
38.Sentencing orders
s. 38
In section 7(2) of the Sentencing Act 1991, for "17 years" substitute "18 years".
39.Deferral of sentencing
In section 83A(1)(a) of the Sentencing Act 1991, for "17 years" substitute "18 years".
40.Transitional
After section 128 of the Sentencing Act 1991 insert—
"129.Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
An amendment made to this Act by a provision of the Children and Young Persons (Age Jurisdiction) Act 2004 applies to a proceeding for an offence commenced on or after the commencement of that provision, regardless of when the offence is alleged to have been committed.".
______
See:
Act No.
6246.
Reprint No. 14
as at
6 June 2002
and amending
Act No.
20/2004.
LawToday:
dpc.vic.
gov.au
Part 6—Amendments to Evidence Act 1958
41.Definition of "child"
s. 41
In paragraph (d) of the definition of "child" insection 42C of the Evidence Act 1958, for "17years" substitute "18 years".
42.Transitional
At the end of Part VIII of the Evidence Act 1958 insert—
"157.Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
An amendment made to this Act by a provision of the Children and Young Persons (Age Jurisdiction) Act 2004 applies to a proceeding commenced on or after the commencement of that provision.".
______
See:
Act No.
9960.
Reprint No. 1
as at
19 September 1996
and amending
Act Nos
46/1998 and 67/1998.
LawToday:
dpc.vic.
gov.au
Part 7—Amendment to Parole Orders (Transfer) Act 1983
43.Definition of "parole order"
s. 43
In paragraph (a) of the definition of "parole order" in section 3 of the Parole Orders (Transfer) Act 1983, for "17 years" substitute "18 years".
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1
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
Endnotes
Endnotes
1
[†] Minister's second reading speech—
Legislative Assembly: 16 September 2004
Legislative Council: 3 November 2004
The long title for the Bill for this Act was "to amend the Children and Young Persons Act 1989 to increase the age jurisdiction of the Criminal Division of the Children's Court by one year from 17 years to 18 years, to make consequential amendments to certain other Acts and for other purposes."