New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 38

38 Determinations by specialist youth officers

(1) If a specialist youth officer determines that a conference should be held in respect of an alleged offence (other than a graffiti offence) committed by a child, the specialist youth officer must refer the matter to a conference administrator for a conference.

(2) If a specialist youth officer is of the opinion that a matter can and should be dealt with by giving a caution and need not be dealt with by holding a conference, the specialist youth officer must refer the matter to a person authorised for the purposes of section 27 for a caution to be given under Part 4.

Note : Graffiti offences cannot be dealt with by caution except by a court--see section 18.

(3) If a specialist youth officer is of the opinion that a matter should be dealt with by commencing proceedings against the child, the specialist youth officer must refer the matter to an investigating official or other appropriate authority for the commencement of proceedings.

(4) Unless it is impracticable to do so, a specialist youth officer must consult with the investigating official before making any decision as to whom the matter is to be referred.

(5) Despite any other provision of this section, a specialist youth officer may not refer a child for a caution in relation to an offence if the child has been dealt with by way of caution on 3 or more occasions--

(a) whether by or at the request of a police officer or specialist youth officer under section 29 or by a court under section 31, and

(b) whether for offences of the same or of a different kind.