Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SCHEDULE 1

SCHEDULE 1 – Charter of youth justice principles

1 The community should be protected from offences and, in particular, recidivist high-risk offenders.

2 The youth justice system should uphold the rights of children, keep them safe and promote their physical and mental wellbeing.

3 A child being dealt with under this Act should be—

(a) treated with respect and dignity, including while the child is in custody; and

(b) encouraged to treat others with respect and dignity, including courts, persons administering this Act and other children being dealt with under this Act.

4 Because a child tends to be vulnerable in dealings with a person in authority, a child should be given the special protection allowed by this Act during an investigation or proceeding in relation to an offence committed, or allegedly committed, by the child.

5 If a child commits an offence, the child should be treated in a way that diverts the child from the courts’ criminal justice system, unless the nature of the offence and the child’s criminal history indicate that a proceeding for the offence should be started.

6 A child being dealt with under this Act should have procedures and other matters explained to the child in a way the child understands.

7 If a proceeding is started against a child for an offence—

(a) the proceeding should be conducted in a fair, just and timely way; and

(b) the child should be given the opportunity to participate in and understand the proceeding; and

(c) the proceeding should be finalised as soon as practicable.

8 The youth justice system should give priority to proceedings for children remanded in custody.

9 A child who commits an offence should be—

(a) held accountable and encouraged to accept responsibility for the offending behaviour; and

(b) dealt with in a way that will give the child the opportunity to develop in responsible, beneficial and socially acceptable ways; and

(c) dealt with in a way that strengthens the child’s family; and

(d) dealt with in a way that recognises the child’s need for guidance and assistance because children tend to be dependent and immature.

10 A victim of an offence committed by a child should be given the opportunity to participate in the process of dealing with the child for the offence in a way allowed by the law.

11 A parent of a child should be encouraged to fulfil the parent’s responsibility for the care and supervision of the child, and supported in the parent’s efforts to fulfil this responsibility.

12 A decision affecting a child should, if practicable, be made and implemented within a timeframe appropriate to the child’s sense of time.

13 A person making a decision relating to a child under this Act should consider the child’s age, maturity and, where appropriate, cultural and religious beliefs and practices.

14 If practicable, a child of Aboriginal or Torres Strait Islander background should be dealt with in a way that involves the child’s community.

15 Programs and services established under this Act for children should—

(a) be culturally appropriate; and

(b) promote their health and self respect; and

(c) foster their sense of responsibility; and

(d) encourage attitudes and the development of skills that will help the children to develop their potential as members of society.

16 A child being dealt with under this Act should have access to legal and other support services, including services concerned with advocacy and interpretation.

17 A child should be dealt with under this Act in a way that allows the child—

(a) to be reintegrated into the community; and

(b) to continue the child’s education, training or employment without interruption or disturbance, if practicable; and

(c) to continue to reside in the child’s home, if practicable.

18 A child should be detained in custody for an offence, whether on arrest, remand or sentence, only as a last resort and for the least time that is justified in the circumstances.

19 A child detained in custody should only be held in a facility suitable for children.

20 While a child is in detention, contacts should be fostered between the child and the community.

21 A child who is detained in a detention centre under this Act—

(a) should be provided with a safe and stable living environment; and

(b) should be helped to maintain relationships with the child’s family and community; and

(c) should be consulted about, and allowed to take part in making, decisions affecting the child’s life (having regard to the child’s age or ability to understand), particularly decisions about—

(i) the child’s participation in programs at the detention centre; and

(ii) contact with the child’s family; and

(iii) the child’s health; and

(iv) the child’s schooling; and

(d) should be given information about decisions and plans about the child’s future while in the chief executive’s custody (having regard to the child’s age or ability to understand and the security and safety of the child, other persons and property); and

(e) should be given privacy that is appropriate in the circumstances including, for example, privacy in relation to the child’s personal information; and

(f) should have access to dental, medical and therapeutic services necessary to meet the child’s needs; and

(g) should have access to education appropriate to the child’s age and development; and

(h) should receive appropriate help in making the transition from being in detention to independence.

Example for paragraph (h)—

help in gaining access to training or finding suitable employment