Submissions can be forwarded in any of the following ways:PostYoung Offenders Regulation ReviewLegislation, Policy and Criminal Law Review DivisionNSW Attorney General’s DepartmentGPO Box 6 Sydney NSW 2001 Facsimile(02) 8061 9370Email[email protected]Hand deliveryLevel 1410 Spring StreetSydney NSW 20001.4Additional InformationCopies of the draft Young Offenders Regulation 2009 and this RIS areavailable from the Department of Justice and Attorney General’s website ator by telephoning (02) 8061 9222Copies of the Young Offenders Act 1997and the Young Offenders Regulation2004 are available online at , or at your locallibrary.3
2.THE REGULATORY PROPOSAL2.1Background: The Young Offenders Act 1997The YO Act establishes a scheme that provides for a hierarchy of fourdifferent levels of intervention into juvenile offending, beginning with policewarnings and cautions and graduating to conferencing and, finally, attendanceat 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 amatter 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 anyvictim.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 dependencyand immaturity.The YO Regulation is made under the YO Act (and in particular section 73 of the YO Act).2.2Objects of clauses 8 and 9 of the proposed YO RegulationThe purpose of the proposed Regulation is to repeal and remake, withoutsubstantial alteration, the YO Regulation. The object of clause 8 of the proposed Regulation is to set out the specificrequirements for an outcome plan for children who admit to offences underthe 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 specificrequirements for an outcome plan for children who admit to offences underthe YO Act that consist of:(a)section 5 or 6 of the Graffiti Control Act 2008or another crime involvinggraffiti; or(b)damage to property by means of any graffiti implement (within themeaning of the Graffiti Control Act 2008).4
It is intended to ensure that outcome plans for children who admit to theseoffences help the child understand the harm caused by their offence, andrequire the child to make some form of reparation for their offence.