New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 9

9 Procedures under scheme

(1) The procedures available for dealing with children who have committed, or are alleged to have committed, offences covered by this Act are as follows--

(a) a warning may be given, including a warning in accordance with Part 3,

(b) a caution may be given, but only if it is a caution given in accordance with Part 4,

(c) a conference may be held, but only if it is a youth justice conference held in accordance with Part 5.

(2) An investigating official dealing with a child who has committed, or is alleged to have committed, an offence must, before issuing a summons or attendance notice or otherwise commencing criminal proceedings against the child, determine--

(a) whether the offence is one covered by this Act, and

(b) in the case of such an offence, whether the child should be dealt with under Part 3 or 4 or the matter should be referred to a specialist youth officer under Part 5 to determine whether a youth justice conference should be held.

(2A) In the case of an offence prescribed by the regulations, an investigating official must also determine the matters referred to in subsection (2) (a) and (b) before issuing a penalty notice for the offence.

(2B) In determining whether a child should be dealt with under Part 3 or 4 or referred to a specialist youth officer under Part 5, an investigating official is (if the official considers it practicable) to make that determination within the period of 14 days after the official becomes aware of the offence or alleged offence.

(2C) A failure of an investigating official to comply with subsection (2B)--

(a) does not prevent action being taken under this Act, or

(b) invalidate any action taken under this Act.

(3) An investigating official may, at any time after commencing proceedings and before the proceedings are heard, decide to deal with a child alleged to have committed an offence under Part 4 or consider whether the matter should be referred to a specialist youth officer under Part 5, if the investigating official forms the opinion that the child is entitled to be dealt with under Part 4 or Part 5.