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YOUTH JUSTICE ACT 1992 - SCHEDULE 4

SCHEDULE 4 – Dictionary


"adult" ...

"adult offence" , for part 6 , division 11 , see section 132 .

"adversely affected" , for a detention centre, for part 9A , see section 301F (1) and (2) .

"alternative diversion program" see section 38 .

"applicant" , for part 8 , division 7 , see section 282A (2) .

"approved form" see section 306 .

"approved provider" , for part 7 , division 3 , see section 171 .

"arrest" includes apprehension and taking into custody.

"arrest offence" means—

(a) an offence of a type for which the offender may be arrested without warrant; or
(b) an offence committed in circumstances where the offender may be arrested without warrant.

"attend" , for part 7 , division 3 , see section 167 .

"attendance notice" ...

"bail" means bail as prescribed by the Bail Act 1980 .

"body-worn camera" see the Police Powers and Responsibilities Act 2000 , section 609A (5) .

"boot camp centre" ...

"boot camp centre provider" ...

"boot camp order" ...

"boot camp program" ...

"boot camp (vehicle offences) order" ...

"breach of duty" ...

"caution" see part 2 , division 2 .

"chief executive" ...

"chief executive (child safety)" means the chief executive of the department in which the Child Protection Act 1999 is administered.

"chief executive (corrective services)" means the chief executive of the department in which the Correctives Services Act 2006 is administered.

"child" ...

"child" , for part 7 , division 2 , see section 161 .

"child advocacy officer" means a person appointed as a child advocacy officer under the Public Guardian Act 2014 .

"child charged with an offence" , for part 9 , division 2A , see section 297E .

"child offence" , for part 6 , division 11 , see section 132 .

"Childrens Court judge" includes the Childrens Court when constituted by a Childrens Court judge or a District Court judge.

"Childrens Court magistrate" includes the Childrens Court when constituted by a Childrens Court magistrate, stipendiary magistrate or justices.

"child’s community" means the child’s Aboriginal or Torres Strait Islander community, whether it is—
(a) an urban community; or
(b) a rural community; or
(c) a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 .

"commission" ...

"Commissioner" ...

"committal proceeding" means a proceeding before a justice taking an examination of witnesses in relation to a charge of an indictable offence.

"Commonwealth control order" means a control order as defined in the Criminal Code (Cwlth) , section 100 .1(1).

"community based order" means a probation order, graffiti removal order, community service order, intensive supervision order, conditional release order or restorative justice order.

"community conference agreement" ...

"community conference convenor" ...

"community justice group" , for a child, means—
(a) the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , part 4 , for the child’s community; or
(b) a group of persons within the child’s community, other than a department of government, that is involved in the provision of any of the following—
(i) information to a court about Aboriginal or Torres Strait Islander offenders;
(ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders;
(iii) other activities relating to local justice issues; or
(c) a group of persons made up of the elders or other respected persons of the child’s community.

"community service" means activities decided to be community service under section 302 .

"community service hours" means the hours of community service that a child is required to perform under a community service order.

"community service order" means an order under section 175 (1) (e) .

"community visitor" ...

"community visitor (child)" means a person appointed as a community visitor (child) under the Public Guardian Act 2014 .

"concurrent jurisdiction" means—
(a) in relation to a Childrens Court judge—the jurisdiction of the judge when constituting the District Court for a proceeding in its criminal jurisdiction; or
(b) in relation to the District Court—the jurisdiction of the judge when constituting the Childrens Court; or
(c) in relation to a Childrens Court magistrate—the jurisdiction of the magistrate or justices when constituting a Magistrates Court for a proceeding under the Justices Act 1886 or the Criminal Code ; or
(d) in relation to a Magistrates Court—the jurisdiction of the magistrate or justices when constituting the Childrens Court.

"conditional release order" means an order made under section 220 .

"conference" means a conference under part 3 , division 2 .

"conference agreement" see section 36 .

"conference before sentence" ...

"contact information" , for a victim of an offence, means sufficient information about the victim to enable the chief executive to communicate with the victim.

"convene a conference" includes anything necessary to be done for the purpose of the convening of the conference, including, for example, preparing for and conducting conference meetings and doing anything necessary to finalise the conference.

"convenor" means a person approved as a convenor under section 39 .

"coordinator" ...

"core member" , for part 8A , see section 282H .

"corrective services facility" see the Corrective Services Act 2006 , schedule 4 .

"corrective services officer" see the Corrective Services Act 2006 , schedule 4 .

"court" includes a justice taking an examination of witnesses in relation to a charge of an indictable offence.

"court cell" means a place attached to or near a court that—
(a) is not a detention centre; and
(b) is used for detaining prisoners of the court and other persons.

"court diversion referral" , for part 7 , division 2 , see section 163 (1) (d) (i) .

"court of competent jurisdiction" , for the trial or sentence of a child on indictment, means—
(a) the Supreme Court; or
(b) the District Court within the jurisdiction under the District Court of Queensland Act 1967 , part 4 ; or
(c) a Childrens Court judge within the jurisdiction under part 6 , division 7 .

"curfew" means a requirement to remain at a stated place for stated periods.

"declared emergency" , for part 9A , see section 301B .

"details of the boot camp program" ...

"detainee" means a person—
(a) being held on remand, in the chief executive’s custody, in connection with a charge of an offence; or
(b) serving a period of detention, in a detention centre, for an offence; or
(c) otherwise being held in custody in a detention centre.

"detainee information" , for part 8 , division 7 , see section 282A (1) .

"detention centre" means—
(a) a detention centre established under section 262 ; or
(b) a temporary detention centre.

"detention centre employee" means a public service employee, any of whose functions are ordinarily performed in a detention centre.

"detention order" means an order made under section 175 (1) (g) or 176 (1) (b) .

"director of public prosecutions" means the director under the Director of Public Prosecutions Act 1984 .

"disaster" , for part 9A , see section 301B .

"disaster-affected detention centre" , for part 9A , see section 301B .

"disclosable caution" ...

"disclosable community conference agreement" ...

"disqualifying offence" , for part 7 , division 3 , see section 170 .

"driver licence" means a driver licence under the Transport Operations (Road Use Management) Act 1995 .

"driver’s licence" ...

"drug assessment and education session" , for part 7 , division 3 , see section 167 .

"drug diversion court" , for part 7 , division 3 , see section 167 .

"eligible child" , for part 7 , division 3 , see section 168 .

"eligible drug offence" , for part 7 , division 3 , see section 169 .

"eligible person" , in relation to a child detained in a detention centre, means a person included on the eligible persons register as an eligible person in relation to the child.

"eligible persons register" means the register kept under section 282A (1) .

"emergency period" , for part 9A , see section 301B .

"exceptional circumstances parole order" means an exceptional circumstances parole order under the Corrective Services Act 2006 .

"family relationship" has the meaning given by the Domestic and Family Violence Protection Act 2012 , section 19 .

"finding of guilt" means a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

"first-time offender" ...

"fixed release order" ...

"general principles of juvenile justice" ...

"good behaviour order" means an order made under section 175 (1) (b) .

"graffiti offence" means an offence against the Criminal Code , section 469 that is punishable under section 469 , item 9.

"graffiti removal order" means a graffiti removal order in force under part 7 , division 7A .

"graffiti removal program" see the Police Powers and Responsibilities Act 2000 , section 379A (10) .

"graffiti removal service" means—
(a) the removal of graffiti; or
(b) work related or incidental to the work mentioned in paragraph (a) ; or
(c) other work related to or incidental to the clean up of public places whether or not it relates to the removal of graffiti.

"grant bail" includes, for a court, enlarge the bail.

"identifying information" , about a child, means information that identifies the child, or is likely to lead to the identification of the child, as a child who is being, or has been, dealt with under this Act.
Example—
Each of the following is identifying information about a child if it identifies the child, or is likely to lead to the identification of a child, as a child who is being or has been dealt with under this Act—
(a) the child’s name, address, school or place of employment;
(b) a photograph, picture, videotape or other visual representation of the child or someone else.

"identifying particulars" see the Police Powers and Responsibilities Act 2000 , schedule 6 .

"immediate release order" ...

"indefinite referral" ...

"informal care relationship" has the meaning given by the Domestic and Family Violence Protection Act 2012 , section 20 .

"inspector of detention services" means the inspector of detention services under the Inspector of Detention Services Act 2022 .

"intensive supervision order" means an intensive supervision order made under section 175 (1) (f) .

"keep the child in custody" includes, for a court, remand the child in custody.

"law enforcement agency" see the Corrective Services Act 2006 , schedule 4 .

"lawyer" means—
(a) an Australian lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in this State; or
(b) a person mentioned in section 308 (2) acting for a party.

"Legal Aid Queensland" means Legal Aid under the Legal Aid Queensland Act 1997 .

"legal practitioner" ...

"legal representation" means representation by a lawyer.

"life offence" means an offence for which a person sentenced as an adult would be liable to life imprisonment.

"loss" of property includes loss, damage or destruction.

"MACP system" , for part 8A , see section 282H .

"medical treatment" includes a physical, psychiatric, psychological or dental examination or treatment.

"member of the police service" means a member of the Queensland Police Service under the Police Service Administration Act 1990 , section 2 . 2(1).

"monitoring device" means an electronic device capable of being worn, and not removed, by a person for the purpose of the chief executive, the Queensland Police Service, or the chief executive (corrective services), finding or monitoring the geographical location of the person.

"National Disability Insurance Agency" means the Agency under the National Disability Insurance Scheme Act 2013 (Cwlth) .

"nominee" , for part 8 , division 7 , see section 282A (4) .

"non-government entity" , for part 9 , division 2A , see section 297D .

"non-life offence" ...

"notice to appear" means a notice to appear under the Police Powers and Responsibilities Act 2000 , section 382 (2) .

"offence" , for part 7 , division 2 , see section 161 .

"offender" , for part 6 , division 11 , see section 132 .

"officer" ...

"Optional Protocol" means the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 18 December 2002, as amended and in force for Australia from time to time.

"original offence" ...

"parent" means—
(a) a parent or guardian of a child; or
(b) a person who has lawful custody of a child other than because of the child’s detention for an offence or pending a proceeding for an offence; or
(c) a person who has the day-to-day care and control of a child.

"parole" means a parole order under the Corrective Services Act 2006 .

"participant" means a person entitled to participate in a conference under section 34 .

"penalty unit" see Penalties and Sentences Act 1992 , section 5 .

"period of detention" ...

"period of imprisonment" ...

"personal offence" means an offence relating to the person of another.

"police station" means a police station within the meaning of the Police Service Administration Act 1990 .

"prescribed entity" , for part 9 , division 2A , see section 297D .

"prescribed indictable offence" means—
(a) a life offence; or
(b) an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, other than an offence against the Drugs Misuse Act 1986 , section 9 (1) for which the maximum penalty is 15 years imprisonment; or
(c) an offence against any of the following provisions of the Criminal Code
(i) section 315A ;
(ii) section 323 ;
(iii) section 328A ;
(iv) section 339 ;
(v) section 408A (1) , if the offence involves a motor vehicle;
(vi) section 408A (1) , to which section 408A (1A) applies;
(vii) section 412 ;
(viii) section 421 (1) .

"presentence referral" see section 163 (1) (d) (ii) .

"prison" means a prison within the meaning of the Corrective Services Act 2006 .

"prisoner" see the Corrective Services Act 2006 , schedule 4 .

"prisoner of a court" or
"prisoner of the court" means a person who is in the custody of a court.

"prison transfer direction" , for part 8 , division 2A , subdivision 1 , see section 276C (1) .

"probation order" means an order made under section 175 (1) (d) or 176 (1) (a) .

"procedural action or order" means an action or order made for, or incidental to, a proceeding that does not constitute a hearing and determination on the merits of the matter to which the proceeding relates, for example—
(a) the charging of a defendant; and
(b) the issue of a warrant; and
(c) the granting of bail or release without bail; and
(d) the remand of a defendant; and
(e) the adjournment of the proceeding.

"program period"
(a) for a conditional release order—see section 221 ; or
(b) for an intensive supervision order—see section 204 .

"proper officer" means—
(a) for the Supreme Court, the District Court or a Childrens Court judge—the registrar or a sheriff or deputy sheriff of the court; and
(b) for a Magistrates Court or a Childrens Court magistrate—the clerk of the court.

"property offence" means an offence relating to property.

"public guardian" means the public guardian under the Public Guardian Act 2014 .

"publish" means publish to the public by television, radio, internet, newspaper, periodical, notice, circular or other form of communication.

"reasonably suspects" means suspects on grounds that are reasonable in the circumstances.

"recidivist vehicle offender" ...

"referring authority" see section 31 (1) .

"referring court" ...

"referring police officer" ...

"release notice" see section 51 .

"relevant individual" ...

"remove" , in relation to graffiti, includes the following—
(a) repair;
(b) conceal;
(c) cover;
(d) attempt to remove.
Example—
painting over graffiti

"requirements of the boot camp order" ...

"residential phase" ...

"respected person" , of an Aboriginal or Torres Strait Islander community, means a member of the community who is generally respected in the community.

"restorative justice agreement" means—
(a) a conference agreement; or
(b) an alternative diversion program agreed to by the chief executive and the child who is to complete the program.

"restorative justice order" means an order made under section 175 (1) (da) or (db) .

"restorative justice process" means a conference or an alternative diversion program.

"sentence" , for part 6 , division 11 , see section 132 .

"sentence order"
(a) for part 6 , division 9 , subdivision 4 —see section 117A ; or
(b) otherwise—means any of the following—
(i) an order made under section 175 or 176 , including a reprimand;
(ii) the recording of a conviction under section 183 ;
(iii) a conditional release order made under section 220 ;
(iv) an order under section 234 .

"serious offence" means an offence mentioned in section 8 .

"service provider" , for part 9 , division 2A , see section 297D .

"seven year offence" means a life offence or an offence of a type, that if committed by an adult, would make the adult liable to imprisonment for 7 years or more.

"simple offence" includes a regulatory offence and a breach of duty.

"State" includes a Territory.

"subsequent offence" ...

"supervised release order" means an order made under section 228 .

"support person" , for a child, see the Police Powers and Responsibilities Act 2000 , schedule 6 .

"supreme court offence" means an offence for which the District Court does not have jurisdiction to try an adult because of the District Court of Queensland Act 1967 , section 61 .

"temporary delay" , for part 8 , division 2A , subdivision 1 , see section 276A .

"temporary detention centre" see section 301B .

"temporary detention centre declaration" , for part 9A , see section 301G (4) .

"term of imprisonment" see the Penalties and Sentences Act 1992 , section 4 .

"terrorism offence" means—
(a) a terrorism offence under the Crimes Act 1914 (Cwlth) ; or
(b) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 (Cwlth) , sections 6 to 9 ; or
(c) an offence against the Terrorism (Community Protection) Act 2003 (Vic) , section 4B ; or
(d) an offence against the Crimes Act 1900 (NSW) , section 310J ; or
(e) an offence against the Criminal Law Consolidation Act 1935 (SA) , section 83CA ; or
(f) another offence against a provision of a law of the Commonwealth or another State if the provision—
(i) is prescribed by regulation; and
(ii) is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act.

"terrorist act" see the Police Powers and Responsibilities Act 2000 , section 211 .

"tracking device" ...

"transfer day" ...

"transferred detention order" ...

"treatment" includes therapeutic, palliative and preventative treatment.

"UN expert" means an expert selected in accordance with the Optional Protocol, article 13.

"unlawfully at large" , for a person who has been lawfully detained under this Act, includes—
(a) having escaped from detention; or
(b) having been mistakenly released from detention before the person is eligible for the release.

"unpaid service" means the following—
(a) community service required to be performed under a community service order;
(b) graffiti removal service required to be performed under a graffiti removal order.

"unperformed graffiti removal service" , for a child, means graffiti removal service that the child—
(a) is required to perform under a graffiti removal order; and
(b) has not performed.

"unperformed unpaid service" , for a child, means unpaid service that the child—
(a) is required to perform under a community service order or a graffiti removal order; and
(b) has not performed.

"unserved period of detention" ...

"UN subcommittee" means the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture, established in accordance with the Optional Protocol, part II.

"vehicle offence" ...

"watch-house officer" , for part 5A , see section 59B .

"youth justice principles" means the principles stated in schedule 1 .

"youth justice staff member" , for part 5A , see section 59B .



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