Children and Young Persons (Age Jurisdiction) Act 2004
Victorian Legislation and Parliamentary Documents
i
Children and Young Persons (Age Jurisdiction) Act
2004
Act No. 72/2004
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2—AMENDMENTS TO CHILDREN AND YOUNG
PERSONS ACT 1989 3
3. Definition of "child" amended 3
4. Proceedings to be heard in open court 3
5. Court to have powers of Magistrates' Court 3
6. Appeals to be heard in open court 3
7. Non-accountable undertaking 3
8. Good behaviour bond 3
9. Court may order probation 4
10. Breach of probation 4
11. Court may impose youth supervision order 4
12. Penalties for breach 4
13. Youth attendance order 4
14. Concurrent orders 4
15. Breach of youth attendance order 4
16. Court may make youth training centre order 5
17. Appeal to County Court or Supreme Court 5
18. Appeals to be heard in open court 5
19. Power of Youth Parole Board to transfer person to prison 5
20. Persons in youth training centre may be transferred to youth
residential centre 5
21. Persons in prison may be transferred to youth residential centre 5
22. Power of police to arrest person in youth training centre 6
23. Transitional 6
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Victorian Legislation and Parliamentary Documents
Section Page
ii
PART 3—AMENDMENTS TO CRIMES ACT 1958 7
24. Definition of "relevant suspect" 7
25. Definition of "suspect" 7
26. Questioning or investigation of person already held for another
matter 7
27. Persons under 17 years 7
28. Fingerprinting of children aged 17 7
29. Senior police officer may authorise non-intimate compulsory
procedure for certain adults 7
30. Forensic procedure on child 8
31. Forensic procedure following the commission of forensic sample
offence 8
32. Samples given voluntarily 8
33. Transitional 8
601. Transitional provision—Children and Young Persons
(Age Jurisdiction) Act 2004 8
PART 4—AMENDMENTS TO CRIMES (FAMILY VIOLENCE)
ACT 1987 10
34. Definition of "child" 10
35. Jurisdiction of Children's Court 10
36. Complaints for intervention orders 10
37. Transitional 10
29. Transitional provision—Children and Young Persons
(Age Jurisdiction) Act 2004 10
PART 5—AMENDMENTS TO SENTENCING ACT 1991 11
38. Sentencing orders 11
39. Deferral of sentencing 11
40. Transitional 11
129. Transitional provision—Children and Young Persons
(Age Jurisdiction) Act 2004 11
PART 6—AMENDMENTS TO EVIDENCE ACT 1958 12
41. Definition of "child" 12
42. Transitional 12
157. Transitional provision—Children and Young Persons
(Age Jurisdiction) Act 2004 12
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Section Page
iii
PART 7—AMENDMENT TO PAROLE ORDERS (TRANSFER)
ACT 1983 13
43. Definition of "parole order" 13
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ENDNOTES 14
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Victorian Legislation and Parliamentary Documents
1
Children and Young Persons (Age
Jurisdiction) Act 2004†
[Assented to 9 November 2004]
The Parliament of Victoria enacts as follows:
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
Victoria
No. 72 of 2004
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Victorian Legislation and Parliamentary Documents
Part 1—Preliminary
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
2
(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
(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.
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Victorian Legislation and Parliamentary Documents
Part 2—Amendments to Children and Young Persons Act 1989
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
3
PART 2—AMENDMENTS TO CHILDREN AND YOUNG
PERSONS ACT 1989
3. Definition of "child" amended
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
"18 years".
5. Court to have powers of Magistrates' Court
In section 24(3) of the Children and Young
Persons Act 1989, for "17 years" substitute
"18 years".
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
"18 years".
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".
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.
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Victorian Legislation and Parliamentary Documents
Part 2—Amendments to Children and Young Persons Act 1989
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
4
9. Court may order probation
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
"19 years".
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
"19 years".
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
"19 years".
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Victorian Legislation and Parliamentary Documents
Part 2—Amendments to Children and Young Persons Act 1989
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
5
16. Court may make youth training centre order
In section 188(1)(b) of the Children and Young
Persons Act 1989, for "18 years" substitute
"19 years".
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
"18 years".
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
"18 years".
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
"18 years".
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
"18 years".
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Part 2—Amendments to Children and Young Persons Act 1989
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
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22. Power of police to arrest person in youth training
centre
In section 259(1) of the Children and Young
Persons Act 1989, for "17 years" substitute
"18 years".
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.".
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Victorian Legislation and Parliamentary Documents
Part 3—Amendments to Crimes Act 1958
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
7
PART 3—AMENDMENTS TO CRIMES ACT 1958
24. Definition of "relevant suspect"
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".
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.
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Part 3—Amendments to Crimes Act 1958
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
8
30. Forensic procedure on child
(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
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Part 3—Amendments to Crimes Act 1958
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
9
(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.
(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 III
before 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.".
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Victorian Legislation and Parliamentary Documents
Part 4—Amendments to Crimes (Family Violence) Act 1987
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
10
PART 4—AMENDMENTS TO CRIMES (FAMILY VIOLENCE)
ACT 1987
34. Definition of "child"
In the definition of "child" in section 3(1) of
the Crimes (Family Violence) Act 1987, for
"17 years" 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
"18 years".
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.
19/1987.
Reprint No. 5
as at
17 June 2003.
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Part 5—Amendments to Sentencing Act 1991
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
11
PART 5—AMENDMENTS TO SENTENCING ACT 1991
38. Sentencing orders
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.
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:
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dpc.vic.
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Victorian Legislation and Parliamentary Documents
Part 6—Amendments to Evidence Act 1958
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
12
PART 6—AMENDMENTS TO EVIDENCE ACT 1958
41. Definition of "child"
In paragraph (d) of the definition of "child"
in section 42C of the Evidence Act 1958, for
"17 years" 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.
6246.
Reprint No. 14
as at
6 June 2002
and
amending
Act No.
20/2004.
LawToday:
www.dms.
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Part 7—Amendment to Parole Orders (Transfer) Act 1983
Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
13
PART 7—AMENDMENT TO PAROLE ORDERS (TRANSFER)
ACT 1983
43. Definition of "parole order"
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".
═══════════════
See:
Act No.
9960.
Reprint No. 1
as at
19 September
1996
and
amending
Act Nos
46/1998 and
67/1998.
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Children and Young Persons (Age Jurisdiction) Act 2004
Act No. 72/2004
14
ENDNOTES
† 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."
Endnotes
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