Youth Court

Function |Membership | Jurisdictions | Registries | Administration and support services | Family Conference Team | Care and Protection Unit | Locations | Opening times | Contact details | Virtual Tour

 

Function

The Youth Court comprises the Court, a Family Conference Team, and a Care and Protection Unit. The Court hears criminal trials and pleas for youths under the age of 18 years, child protection applications and applications for the adoption of children. The Family Conference Team conducts family conferences for young offenders. The Care and Protection Unit conducts family care meetings. Youth Court hearings, family conferences and family care meetings are conducted in metropolitan and country areas.

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Membership

The court is comprised of two District Court judges, one of whom is designated by proclamation as the Senior Judge of the Youth Court, plus two specialist magistrates. All magistrates have been appointed to sit in the jurisdiction, as they are often required to deal with Youth Court matters in country regions.

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Jurisdictions

Young Offenders Act, 1993
This Act establishes the criminal jurisdiction for all youths in South Australia. Under the the Young Offenders Act, a youth is defined as a person of or above the age of ten years but under the age of eighteen years. The objective of this Act is to secure for young offenders the care, correction, and guidance necessary for their development into responsible and useful members of the community as well as the proper realisation of their potential. The Act provides for the court and diversionary mechanisms for dealing with juvenile offenders. Under the Act, only judges are permitted to hear and sentence young offenders in relation to major indictable offences. Amongst their other sentencing powers, judges have the power to order detention for more than two, and up to three, years.

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Children’s Protection Act, 1993
This Act establishes the Youth Court jurisdiction to deal with applications relating to children in need of care and protection. Provision is made for orders to be obtained from the court to assist in investigation and assessment in cases where abuse is suspected. The Act also provides for family care meetings which are a diversionary mechanism offering an opportunity for the child’s family, in conjunction with other professionals, to make informed decisions regarding the care and protection of the child and to review those arrangements.

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Registries

The Youth Court registry at 75 Wright Street, Adelaide is where court documents are lodged, files are managed, cases are listed and enquiries can be made regarding court hearings. All country courts also function as Youth Court registries. The Family Conference Team and Care and Protection Unit offices function as separate registries for their respective administrative purposes.
While all three branches of the Youth Court of South Australia usually act independently of each other, criminal files may be referred from court to a family conference, and from a family conference to court. Child Protection matters can be referred from court to the Care and Protection Unit. However, there is no direct link between the Family Conference Team and the Care and Protection Unit.

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Administration and support services

For administrative purposes, the Youth Court registry, the Family Conference Team and the Care and Protection Unit are managed by the court registrar, the senior youth justice coordinator, and the senior care and protection coordinator respectively.

Each of the Youth Court judicial members are supported by a private secretary or clerk. Clerical and administrative support in the Youth Court registry, the Family Conference Team and the Care and Protection Unit is provided by Courts Administration Authority clerical officers.

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Family Conference Team

Family conferences are convened by youth justice coordinators and take place when a youth admits the commission of a ‘minor offence’. Conferences are intended to divert matters away from the court system. At a conference the young offender, the offender's guardian/family/or other appropriate person, the victims of the crime, a police officer and a coordinator meet together. These people discuss the offence and determine a suitable outcome that will attempt to address the needs of all parties, while adhering to the philosophy and policy directives set out in the Young Offenders Act.

This model is based on a "family decision making" philosophy. Current worldwide thinking in this area is that, given supports such as information, opportunity and resources family members and other participants are able to make decisions appropriate to the circumstances. This process empowers participants to take responsibility for key decisions affecting them.

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Care and Protection Unit

Under the Children’s Protection Act, the Care and Protection Unit responds to referrals from Families SA and from the Youth Court. Referrals state the care and protection concerns in relation to children. The Care and Protection Unit offers families the opportunity to address these concerns via a family care meeting. It is the family’s right to have such a meeting if they believe it would be useful. However, they are not obliged to do so and may prefer to seek alternatives.

These meetings are conducted by care and protection coordinators. The meetings involve the guardians/parents of the child, family members, an officer from Families SA, any person who has counselled or treated the child, and can involve the child. Additionally, the child must be represented by an advocate so that his/her wishes are adequately represented at the meeting. It is the coordinator’s role to arrange for the appointment of the child advocate.

The aim of the meeting is to provide an opportunity for the child’s family to make arrangements which will secure the best care and protection of the child and to review those arrangements from time to time.

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Locations

The court has a principal registry at 75 Wright Street, Adelaide, South Australia, while every country court also functions as a registry of the Youth Court. The Family Conference Team and the Care and Protection Unit are located at the same address. The Family Conference Team has an additional office base at Port Augusta, South Australia.

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Opening times

The Youth Court registry is open between 9am to 5pm Monday to Friday. The Family Conference Team and the Care and Protection Unit office hours are 9am to 5pm Monday to Friday.

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Contact details

Youth Court Registry
Postal address:
75 Wright Street, Adelaide
South Australia, 5000

Enquiries:
Telephone: 61 8 8204 0331
Facsimile: 61 8 8204 0333
E-mail: youthcourt@courts.sa.gov.au

A virtual tour of the Youth Court and other related information can be supplied free of charge on CD, by contacting the Youth Court on the above number or e-mail address.

Family Conference Team
Postal address:
75 Wright Street, Adelaide
South Australia, 5000

Enquiries:
Telephone: 61 8 8204 0566
Facsimile: 61 8 8204 0513
E-mail: familyconference@courts.sa.gov.au

Care and Protection Unit
Postal address:
75 Wright Street, Adelaide
South Australia, 5000

Enquiries:
Telephone: 61 8 8204 0594
Facsimile: 61 8 8204 0591
E-mail: careandprotection@courts.sa.gov.au

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