Submissions can be forwarded in any of the following ways Post Young Offenders

Submissions can be forwarded in any of the following

This preview shows page 4 - 7 out of 12 pages.

Submissions can be forwarded in any of the following ways: Post Young Offenders Regulation Review Legislation, Policy and Criminal Law Review Division NSW Attorney General’s Department GPO Box 6 Sydney NSW 2001 Facsimile (02) 8061 9370 Email [email protected] Hand delivery Level 14 10 Spring Street Sydney NSW 2000 1.4 Additional Information Copies of the draft Young Offenders Regulation 2009 and this RIS are available from the Department of Justice and Attorney General’s website at or by telephoning (02) 8061 9222 Copies of the Young Offenders Act 1997 and the Young Offenders Regulation 2004 are available online at , or at your local library. 3
Image of page 4
2. THE REGULATORY PROPOSAL 2.1 Background: The Young Offenders Act 1997 The YO Act establishes a scheme that provides for a hierarchy of four different levels of intervention into juvenile offending, beginning with police warnings and cautions and graduating to conferencing and, finally, attendance at court. A young person is entitled to have a matter dealt with by way of a warning, caution or conference provided the matter meets the relevant criteria. How a matter is dealt with depends on the type of offence that has been committed, how serious it is, the amount of violence involved, and the harm caused to any victim. The YO Act recognises that: Underlying social factors contribute to juvenile offending; Children require different treatment by the justice system to adults; Children should generally only be imprisoned as a measure of last resort; and Children who commit offences should bear responsibility for their actions, but require guidance and assistance because of their state of dependency and immaturity. The YO Regulation is made under the YO Act (and in particular section 73 of the YO Act). 2.2 Objects of clauses 8 and 9 of the proposed YO Regulation The purpose of the proposed Regulation is to repeal and remake, without substantial alteration, the YO Regulation. The object of clause 8 of the proposed Regulation is to set out the specific requirements for an outcome plan for children who admit to offences under the YO Act that consist of: (a) lighting a bush fire; or (b) the destruction or damage of property by means of fire. The object of clause 9 of the proposed Regulation is to set out the specific requirements for an outcome plan for children who admit to offences under the YO Act that consist of: (a) section 5 or 6 of the Graffiti Control Act 2008 or another crime involving graffiti; or (b) damage to property by means of any graffiti implement (within the meaning of the Graffiti Control Act 2008 ). 4
Image of page 5
It is intended to ensure that outcome plans for children who admit to these offences help the child understand the harm caused by their offence, and require the child to make some form of reparation for their offence.
Image of page 6
Image of page 7

You've reached the end of your free preview.

Want to read all 12 pages?

  • Fall '16
  • Jeff Miller

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture