- Act 81 of 1997 - Royal Assent 14 January 1998 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 4. Objectives of Act 5. General principles of youth justice 6. Determining age PART 2 - Diverting youths from court system Division 1 - Preliminary 7. Purpose of Part 2 Division 2 - Diversionary procedure by police 8. Informal caution 9. More formal proceedings 10. Formal caution 11. Caution administered by Aboriginal Elder or representative 12. Caution administered by community representative Division 3 - Community conferences 13. Notifying Secretary that community conference required 14. Convening of community conference 15. Constitution of and attendance at community conference 16. Powers of community conference 17. Procedure at community conference 18. Concluding community conference 19. Procedure after community conference 20. Liability of youth to be prosecuted Division 4 - Instructions by Commissioner of Police 21. Instructions by Commissioner of Police Division 5 - Confidentiality 22. Confidentiality PART 3 - Arrest and custody of suspected offenders 23. Application of general law 24. Limit on power to arrest 25. How youth is to be dealt with if not granted bail PART 4 - Court proceedings against a youth Division 1 - Commencing proceedings 26. Commencing proceedings 27. Limitation on joint charge 28. Limitation on power of Court to hear joint charge 29. Duty of Court Division 2 - Confidentiality of proceedings 30. Persons who may be present in Court 31. Restrictions on reporting proceedings Division 3 - Proceedings after guilt is established 32. Application of Division 3 33. Presentence report 34. Disclosure of presentence report 35. Presentence report evidence 36. Disputed presentence report Division 4 - Court-ordered community conferences 37. Court may order community conference 38. Convening of community conference 39. Constitution of, attendance and procedure at, powers of and finalising of community conference 40. Procedure after successful community conference 41. Dismissal of charge 42. Procedure after unsuccessful community conference 43. Failure to fulfil undertaking 44. Requiring community conference facilitator to attend Court 45. Confidentiality of community conference Division 5 - Sentences 46. Application and interpretation of certain sentence provisions 47. Sentences and other orders that may be imposed 48. Limitations on imposing sentences 49. Recording conviction 50. Youth entitled to explanation of Court order Division 6 - Undertakings to be of good behaviour 51. Undertaking to be of good behaviour 52. Limitation on requiring undertaking to be of good behaviour 53. Contravention of undertaking to be of good behaviour Division 7 - Release and adjournment orders 54. Release and adjournment order 55. Review of release and adjournment order 56. Contravention of release and adjournment order Division 8 - Fines 57. Amount of fine 58. Financial circumstances of youth to be considered 59. Time for payment or payment by instalments 60. Alteration of time for, or method of, paying fine 61. Failure to pay fine or instalment 62. Court proceeding for failure to pay fine 63. Community service instead of fine 64. Proceedings under Magistrates Court (Civil Division) Act 1992 to recover fine Division 9 - Probation 65. Probation order 66. Period of probation order 67. Review of probation order 68. Contravention of probation order Division 10 - Community service orders 69. Community service order 70. Preconditions for making community service order 71. Multiple community service orders 72. Limitation on number of hours of community service 73. Community service to be performed within limited period 74. Community service may only involve certain kinds of work 75. Obligations and powers of assigned youth justice worker 76. Review of community service order, &c. 77. Contravention of community service order 78. Ending of community service order Division 11 - Detention orders 79. Detention order 80. Preconditions for making detention order 81. Period of detention 82. Warrant for detention 83. Commencement of detention 84. Detention orders ordinarily concurrent 85. Court may order detention period to be cumulative 86. Limitation on cumulative orders 87. Period of escape or release pending appeal not counted as detention 88. Multiple orders of detention and imprisonment against person as adult and youth 89. Period of custody on remand to be treated as detention on sentence Division 12 - Suspended detention orders 90. Suspended detention order 91. Period of suspension 92. Effect of suspended detention order 93. Review of suspended detention order 94. Contravention of suspended detention order Division 13 - Restitution 95. Restitution order 96. Preconditions for restitution order 97. Enforcement of restitution order Division 14 - Compensation 98. Compensation order 99. Preconditions for compensation order Division 15 - Miscellaneous 100. Sentence order to be written 101. Copy of certain Court orders to be provided to youth, guardian and Secretary 102. Court may order attendance of guardian 103. Effect of youth attaining 18 or more years, &c. 104. Adjournment to determine youth protection matters 105. Adjournment to determine mental or nervous health of youth 106. Copy of complaint, summons and application to be served on person having legal custody of youth 107. Sanctions, &c., available to other courts 108. Restrictions on reporting proceedings of other courts PART 5 - Supervised release orders 109. Right to be released 110. Supervised release order 111. Supervised release order subject to conditions 112. Effect of proposed supervised release order to be explained 113. Supervised release order, &c., to be provided in writing 114. Temporary suspension of obligations under supervised release order 115. Cancellation of obligations after 6 months' release 116. Courts to notify Secretary if further offence committed 117. Contravention of supervised release order other than by further offence punishable by detention or imprisonment 118. Appeal against suspension or cancellation of supervised release order 119. Contravention of supervised release order by further offence punished by detention or imprisonment 120. Effect of suspension or cancellation of supervised release order 121. Effect of suspension or cancellation of supervised release order after youth reaches 19 years 122. Effect of satisfying supervised release order PART 6 - Detention centres Division 1 - Establishment and management of detention centres 123. Establishment or abolition of detention centre 124. Management of detention centre Division 2 - Admission to detention centres 125. Where youth is to be detained 126. Authority for admission to detention centre 127. Explanation of rights and responsibilities on admission to detention centre 128. Provision of instructions on admission to detention centre Division 3 - Treatment of detainees, &c. 129. Rights of detainee 130. Leave from detention centre 131. Search of detainee and possessions 132. Prohibited actions 133. Isolation 134. Secretary may authorise medical treatment, &c. 135. Refusal of ordinary visitor, &c. 136. Protection of legal practitioner representing detainee Division 4 - Complaints 137. Right to make complaint 138. Complaint procedure Division 5 - Offences relating to detention 139. Detention offences 140. Dealing with detention offence 141. Court proceedings for detention offence 142. Effect of change of earliest release date 143. Offences in respect of escape of detainee 144. Offences in respect of detention centres Division 6 - Miscellaneous 145. Child of detainee 146. Registration of birth of child of detainee PART 7 - Interstate transfer of certain offenders 147. Application of Part 7 148. Minister may enter into transfer agreement 149. Secretary may make transfer arrangement 150. Transfer arrangement for transfer out of Tasmania 151. Transfer arrangement for transfer to Tasmania 152. Detail to be included in each transfer arrangement 153. Transfer order made under a transfer arrangement 154. Transfer to Tasmania in custody of escort 155. Reports 156. Transfer of sentence or order in case of offender to whom this Part applies 157. Sentence, &c., taken to have been imposed in this State 158. Revocation of order of transfer by consent PART 8 - Magistrates Court (Youth Justice Division) 159. Establishment of Youth Justice Division of Magistrates Court 160. Composition of Court 161. Jurisdiction of Court 162. Time of sittings 163. Proceedings generally PART 9 - Miscellaneous 164. Lack of jurisdiction discovered during proceedings 165. Delegation 166. Evidentiary matters 167. Appointment of facilitators 168. Regulations 169. Administration of Act[ Note: This table has been automatically generated and may be incomplete. ]