South Australia: Youth Court Act 1993 (SA)

South Australia Youth Court Act 1993 An Act to establish the Youth Court of South Australia; to define its jurisdiction and powers; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Youth Court of South Australia Division 1—Establishment of Court 4 Establishment of Court 5 Court of record 6 Seals Division 2—Jurisdiction of the Court 7 Jurisdiction Division 3—Court's duty to explain proceedings 8 Duty to explain proceedings Part 3—Composition and administration of the Court Division 1—The Court's judiciary 9 Court's judiciary 10 Court's principal judicial officer 10A Appointment and conditions of judicial registrars 10B Judicial registrar ceasing to hold office and suspension 10C Jurisdiction of judicial registrar Division 2—The Court's administrative and ancillary staff 11 Administrative and ancillary staff 12 Registrar 13 Responsibilities of staff 13A Sitting or acting outside State Division 3—Sitting and distribution of business 14 Constitution of Court 15 Time and place of sittings 16 Adjournment from time to time and place to place 17 Segregation of proceedings Part 4—Evidentiary powers 18 Power to require attendance of witnesses and production of evidentiary material 19 Power to compel the giving of evidence 20 Entry and inspection of property 21 Production of persons held in custody Part 5—Appellate proceedings 22 Appeals 23 Reservation of question of law Part 6—Confidentiality of proceedings 24 Persons who may be present in Court Part 7—Miscellaneous 26 Immunities 27 Contempt of Court 28 Punishment of contempt 29 Authority for imprisonment or detention 30 Age 31 Legal process 32 Rules of Court 33 Court fees Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Youth Court Act 1993. 3—Interpretation In this Act, unless the contrary intention appears— Court or Youth Court means the Youth Court of South Australia; evidentiary material means any document, object or substance of evidentiary value in proceedings before the Court and includes any document, object or substance that should, in the opinion of the Court, be produced for the purpose of enabling the Court to determine whether or not it has evidentiary value; judicial office means the office of Judge, magistrate, judicial registrar or special justice; judicial registrar means a Youth Court judicial registrar; judgment includes a declaration or order; Registrar means the Registrar of the Court, but does not include a judicial registrar. Part 2—Youth Court of South Australia Division 1—Establishment of Court 4—Establishment of Court The Youth Court of South Australia is established. 5—Court of record The Court is a court of record. 6—Seals (1) The Court will have such seals as are necessary for the transaction of its business. (2) A document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court. Division 2—Jurisdiction of the Court 7—Jurisdiction The Court— (a) has jurisdiction to hear and determine proceedings under the Children's Protection Act 1993 and the Children and Young People (Safety) Act 2017; and (b) has the civil and criminal jurisdiction conferred by the Young Offenders Act 1993; and (ba) has the same jurisdiction as the Magistrates Court to make a non‑association or place restriction order under the Summary Procedure Act 1921 where the person who is to be subject to the order is a child or youth, and has power under that Act to vary or revoke such an order previously made by the Court; and (c) has the same jurisdiction as the Magistrates Court to make a restraining order under the Summary Procedure Act 1921 or an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 if the person for or against whom protection is sought is a child or youth, and has power under those Acts to vary or revoke such an order previously made by the Court; and (d) has the powers conferred on a court or justice by the Bail Act 1985; and (e) has any other civil or criminal jurisdiction conferred by statute. Division 3—Court's duty to explain proceedings 8—Duty to explain proceedings The Court has a duty to ensure, as far as practicable, that parties to proceedings before the Court understand the nature and the purpose of those proceedings. Part 3—Composition and administration of the Court Division 1—The Court's judiciary 9—Court's judiciary (1) The Court's judiciary consists of— (a) the Judge of the Court; and (b) magistrates who are designated by proclamation as magistrates of the Court (of whom at least 2 must be designated as members of the Court's principal judiciary); and (ba) the judicial registrars of the Court; and (c) special justices who are designated by proclamation as special justices of the Court. (2) A proclamation designating a magistrate or special justice as a member of the Court's judiciary must classify him or her as a member of the Court's principal judiciary (being those members who are to be occupied predominantly in the Court) or as a member of the Court's ancillary judiciary (being those members who are not occupied predominantly in the Court). (4) A proclamation under this section may be varied or revoked by subsequent proclamation. (5) The fact that a judicial officer is a member of the Court's judiciary does not prevent the judicial officer from performing judicial functions unrelated to the Court. 10—Court's principal judicial officer (1) The principal judicial officer of the Court with responsibility for the administration of the Court is the Judge of the Court. (2) The Judge of the Court is a Judge of the District Court designated by proclamation as the Judge of the Court. (3) A proclamation designating a person as the Judge of the Court must state a term (not exceeding 5 years) for which he or she is to be the Judge of the Court. (4) A person may, at the expiration of a term of office, be designated by subsequent proclamation as the Judge of the Court for a further term (not exceeding 5 years) stated in the proclamation. (5) A proclamation under this section may be varied or revoked by subsequent proclamation. (6) The Judge of the Court may delegate any power or function conferred on the Judge of the Court under this Act or another Act to a magistrate who is a member of the Court's principal judiciary. (7) A delegation under subsection (6) is revocable at will and does not derogate from the power of the Judge of the Court to act himself or herself in any matter. (7a) The Judge of the Court may, by instrument in writing, delegate a judicial function conferred on the Judge of the Court under this Act or another Act to a Judge of the District Court (including a person appointed under the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 to act in the office of Judge of the District Court on an auxiliary basis). (7b) A delegation under subsection (7a)— (a) is revocable at will; and (b) does not derogate from the power of the Judge of the Court to act in any matter. (7c) To avoid doubt, delegation of a judicial function under subsection (7a) to a Judge does not result in the Judge being a member of the Court's principal judiciary. (8) In the absence of the Judge of the Court from official duties as the principal judicial officer of the Court, the Governor may nominate a Judge of the District Court to act in the office of the Judge of the Court. (10) The Judge of the Court may exercise the powers of the Chief Magistrate under the Magistrates Act 1983 in place of the Chief Magistrate in relation to a magistrate who is a member of the Court's principal judiciary. (11) The appointment of a person as the Judge of the Court does not prevent the person while holding such office from simultaneously holding the office, and performing the duties and exercising the powers, of a Judge of the District Court. 10A—Appointment and conditions of judicial registrars (1) The Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Judge of the Court, appoint a legal practitioner of at least 5 years standing to be a Youth Court judicial registrar. (2) The term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Judge of the Court, and specified in the instrument of appointment. (3) An appointment of a judicial registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis. (4) However, a judicial registrar not appointed on a part‑time basis may, by written agreement with the Judge of the Court made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement. (5) An instrument appointing a judicial registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the judicial registrar will ordinarily be required to work, expressed as a proportion of the time a judicial registrar appointed on a full‑time basis is ordinarily required to work. (6) The hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the judicial registrar and the Judge of the Court made with the approval of the Attorney‑General. (7) The remuneration determined by the Governor with the concurrence of the Judge of the Court and specified in the instrument of appointment may not be reduced by subsequent determination. (8) However, a judicial registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a judicial registrar appointed on a full‑time basis. (9) For the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of judicial registrar, periods of legal practice within and outside the State will be taken into account. (10) A person appointed as a judicial registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Judge of the Court, eligible for reappointment at the expiration of a term of office. (11) A judicial registrar may, with the approval of the Attorney‑General and the concurrence of the Judge of the Court, concurrently hold office as a member of the Court's non‑judicial staff if the non‑judicial office is compatible with the judicial office. 10B—Judicial registrar ceasing to hold office and suspension (1) The Governor may, on the recommendation of the Attorney‑General, remove a judicial registrar from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (2) A judicial registrar ceases to hold office if the judicial registrar— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Attorney‑General; or (d) ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of judicial registrar; or (e) is removed from office under subsection (1). (3) The Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Judge of the Court. (4) The Judge of the Court may, on the Judge's own initiative or at the request of the Attorney‑General, suspend a judicial registrar from office if it appears that there may be grounds for the removal of the judicial registrar from office. (5) If a judicial registrar is suspended under subsection (4), the judicial registrar remains entitled to the judicial registrar's usual remuneration and allowances during the period of suspension. 10C—Jurisdiction of judicial registrar Subject to the regulations, judicial registrars may exercise such jurisdiction of the Court as assigned by the Judge of the Court or the rules. Division 2—The Court's administrative and ancillary staff 11—Administrative and ancillary staff (1) The Court's administrative and ancillary staff consists of— (a) the Registrar; and (b) any other persons appointed to the non-judicial staff of the Court. (2) The Court's administrative and ancillary staff will be appointed under the Courts Administration Act 1993. 12—Registrar (1) The Registrar is the Court's principal administrative officer. (2) A person cannot be appointed to the office of Registrar of the Court, nor can a person holding that office be dismissed or reduced in status, except on the recommendation, or with the concurrence, of the Judge of the Court. 13—Responsibilities of staff A member of the Court's administrative or ancillary staff is responsible to the Judge of the Court (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties. 13A—Sitting or acting outside State (1) If the Court is required to perform its functions at a place outside the State, the Minister may appoint as a member of the non‑judicial staff of the Court at the place— (a) a person who holds office as a registrar or other officer of a court of the jurisdiction in which the place is located; or (b) any other person. (2) The Courts Administration Act 1993 applies— (a) with any modifications and exclusions required by the context; and (b) with prescribed modifications and exclusions, in relation to an appointment (and to the person subject to an appointment) under subsection (1). (3) The conditions of service of a person appointed under subsection (1) will be as determined by the Minister. (4) A person appointed under subsection (1)(a) ceases to hold office if the person ceases to hold office as an officer of the court of the other jurisdiction. (5) A member of the Court's administrative and ancillary staff may, with the approval of the State Courts Administrator, concurrently hold office as an officer of a court of another jurisdiction. Division 3—Sitting and distribution of business 14—Constitution of Court (1) Subject to this Act, the Court, when sitting to adjudicate on any matter, must be constituted of the Judge of the Court, a magistrate or a judicial registrar. (2) The Court may not impose a sentence of detention of more than 3 years in criminal proceedings. (2a) The Court, when constituted of a judicial registrar in criminal proceedings, may not impose a sentence of detention. (3) The Court may be constituted of a special justice if neither the Judge of the Court nor a magistrate or judicial registrar is available to constitute the Court but, when so constituted, the Court may not— (a) hear and determine a charge of an indictable offence; or (b) impose a sentence of detention in criminal proceedings; or (c) hear and determine proceedings in which an order for the protection or care of a child is sought. (5) If the Court, when constituted of a judicial registrar or special justice in criminal proceedings, is of the opinion that the limitation on its powers imposed under this section prevents it from imposing an appropriate sentence, the Court may adjourn the question of sentence for hearing and determination by the Judge of the Court or a magistrate. (6) The Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters. (7) A judicial registrar, Registrar or special justice may— (a) issue summonses and warrants on behalf of the Court; or (b) adjourn proceedings; or (c) exercise any procedural or non-judicial powers assigned by the rules. 15—Time and place of sittings (1) The Court may sit at any time (including a Sunday). (2) The Court may sit at any place (either in or outside the State). (3) The Court will sit at such times and places as the Judge of the Court directs. (4) Registries of the Court will be maintained at such places (either within or outside the State) as the Governor may determine. 16—Adjournment from time to time and place to place The Court may— (a) adjourn proceedings from time to time and from place to place; or (b) adjourn proceedings to a time and place to be fixed; or (c) order the transfer of proceedings from place to place. 17—Segregation of proceedings The Court should, as far as practicable, segregate civil and criminal proceedings. Part 4—Evidentiary powers 18—Power to require attendance of witnesses and production of evidentiary material (1) The Court may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Court at a specified time and place to give evidence or to produce evidentiary material (or both). (2) A summons to produce evidentiary material may, instead of providing for production of the material before the Court, provide for production of the material to an officer of the Court nominated in the summons. (3) If— (a) a person fails to comply with a summons under subsection (1); or (b) there are grounds for believing that, if such a summons were issued, a person would not comply with it, the Court may issue a warrant to have the person arrested and brought before the Court. 19—Power to compel the giving of evidence (1) A person who is called to give evidence or to produce evidentiary material before the Court and— (a) refuses or fails to make an oath or affirmation when required to do so by the Court; or (b) refuses or fails to give evidence on a subject on which that person is compellable to give evidence; or (c) refuses or fails, without reasonable excuse, to produce evidentiary material that the person is required by the Court to produce, commits a contempt of the Court. (2) This section applies whether the person was summoned before the Court, brought before the Court on a warrant, or came to the Court of his or her own volition. 20—Entry and inspection of property (1) The Court may enter any land or building and carry out an inspection that the Court considers relevant to a proceeding before the Court. (2) The Court may authorise an officer of the Court to enter any land or building and carry out an inspection that the Court considers relevant to a proceeding before the Court. (3) A person who obstructs the Court, or a person authorised by the Court, in the exercise of a power of entry of inspection under this section commits a contempt of the Court. 21—Production of persons held in custody If the Court requires the attendance before it of any person who is held in custody in the State, the Court may— (a) issue a summons or a notice requiring the custodian to produce the person before the Court at a nominated time and place; or (b) issue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring him or her before the Court. Part 5—Appellate proceedings 22—Appeals (1) A party to proceedings in the Court may, in accordance with the rules of the appellate court, appeal against any judgment given in the proceedings (including an acquittal on a charge of a summary or indictable offence) but an appeal does not lie against a judgment in committal proceedings. (2) The appeal lies— (a) if the judgment is given by the Judge of the Court— (i) in the case of an interlocutory judgment—to a single Judge in the General Division of the Supreme Court; or (ii) in any other case—to the Court of Appeal; or (b) if the judgment is given by a magistrate or judicial registrar— (i) in the case of an interlocutory judgment—to the Judge of the Court; or (ii) in the case of an action relating to a major indictable offence—to the Court of Appeal; or (iii) in any other case—to the Supreme Court constituted of a single Judge; or (c) if the judgment (including an interlocutory judgment) is given by a special justice—to a single Judge in the General Division of the Supreme Court. (3) On the appeal, the appellate court may exercise any one or more of the following powers: (a) it may confirm, vary or quash the judgment subject to the appeal and, if the court thinks the interests of justice so require, it may vary or quash any other judgment given in the same or related proceedings; (b) it may remit the matter for hearing or further hearing; (c) it may make any other order (including an order for costs) that may be necessary or desirable in the circumstances. 23—Reservation of question of law (1) The Court may reserve any question of law arising in proceedings (except committal proceedings) for determination by the Supreme Court. (2) The Supreme Court may determine the question reserved and give any consequential orders or directions that may be appropriate in the circumstances of the case. Part 6—Confidentiality of proceedings 24—Persons who may be present in Court (1) Subject to this section, no person may be present at any sitting of the Court except— (a) officers of the Court; (ab) officers or employees of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016; (b) officers or employees of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Family and Community Services Act 1972; (c) parties to the proceedings and their legal representatives; (d) witnesses while giving evidence or permitted by the Court to remain in the Court; (e) a guardian of the child or youth to whom the proceedings relate; (f) if the proceedings relate to an offence or alleged offence— (i) an alleged victim of the offence and a person chosen by the victim to provide support for the victim; (ii) a genuine representative of the news media; (iii) if a guardian of the youth who committed, or is alleged to have committed, the offence is not present—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth; (h) any other persons authorised by the Court to be present. (1a) For the purposes of subsection (1)(f)(i) it is irrelevant if the proceedings also relate to other offences or alleged offences. (2) The Court may, however, exclude any of those persons from the Court if the Court considers it necessary to do so in the interests of the proper administration of justice. Part 7—Miscellaneous 26—Immunities (1) The Judge of the Court, or a magistrate, judicial registrar, special justice or any other person exercising the jurisdiction of the Court has the same privileges and immunities from liability as a Judge of the Supreme Court. (2) A non‑judicial officer of the Court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions. 27—Contempt of Court A person who— (a) interrupts the proceedings of the Court or misbehaves before the Court; or (b) insults the Judge of the Court or a magistrate, judicial registrar, Registrar or other officer of the Court who is acting in the exercise of official functions; or (c) refuses, in the face of the Court, to obey a lawful direction of the Court, is guilty of a contempt of the Court. 28—Punishment of contempt The Court may punish a contempt as follows: (a) if the person guilty of the contempt is a child or youth—it may impose a fine not exceeding $2 500 or commit the child or youth to a training centre for a period not exceeding 6 months; (b) if the person guilty of the contempt is an adult—it may impose a fine not exceeding $10 000 or commit the person to prison for a period not exceeding 2 years. 29—Authority for imprisonment or detention (1) If the Court makes an order for imprisonment or detention, a copy of the order under the Court's seal is a sufficient warrant to apprehend the person against whom the order was made, to take that person to the prison, training centre or other place contemplated by the order, and to imprison or detain that person in accordance with the order. (2) The Court may, however, issue a warrant for the person's apprehension and imprisonment or detention if the Court considers it appropriate to do so. 30—Age If the Court does not have available to it satisfactory evidence of the age of a person in relation to whom proceedings have been brought before the Court, the Court may make its own estimate of the age of that person and act on the basis of that estimate. 31—Legal process (1) Any process of the Court may be issued, served or executed on a Sunday as well as any other day. (2) The validity of process is not affected by the fact that the person who issued it dies or ceases to hold office. 32—Rules of Court (1) Rules of the Court may be made— (a) regulating the business of the Court and the duties of the various officers of the Court; (b) regulating the custody and use of the Court's seals; (ba) regulating the making of bail applications, including limiting the making of bail applications to the Court in circumstances where the application may be made to another court; (c) regulating the practice and procedure of the Court; (d) regulating the form in which evidence is taken or received by the Court; (e) regulating costs; (f) dealing with any other matter necessary or expedient for the effective and efficient operation of the Court. (2) The rules may be made by the Judge of the Court and the magistrates who are members of the principal judiciary of the Court. (3) Rules of the Court take effect from the date of publication in the Gazette or some later date specified in the rules. 33—Court fees (1) The Governor may, by regulation, prescribe and provide for the payment of fees in relation to proceedings in the Court. (2) The Court may remit or reduce a fee on account of the poverty of the party by whom the fee is payable or for any other proper reason. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation amended by principal Act The Youth Court Act 1993 amended the following: Courts Administration Act 1993 Principal Act and amendments New entries appear in bold. Year|No|Title|Assent|Commencement| 1993|58| Youth Court Act 1993|27.5.1993|1.1.1994 (Gazette 4.11.1993 p2177)| 1995|85| Statutes Amendment (Courts Administration Staff) Act 1995|30.11.1995|14.12.1995 (Gazette 14.12.1995 p1641)| 1996|68| Statutes Amendment (Sentencing of Young Offenders) Act 1996|15.8.1996|8.10.1996 (Gazette 29.8.1996 p810)| 1998|5| Statutes Amendment (Attorney-General's Portfolio) Act 1998|3.9.1998|Pt 14 (s 23)—13.12.1998 (Gazette 3.12.1998 p1676)| 1999|42| Statutes Amendment and Repeal (Justice Portfolio) Act 1999|5.8.1999|Pt 14 (s 60)—3.10.1999 (Gazette 23.9.1999 p1208)| 2001|14| Youth Court (Judicial Tenure) Amendment Act 2001|12.4.2001|12.4.2001| 2004|23| Statutes Amendment (Courts) Act 2004|8.7.2004|Pt 11 (s 29)—1.9.2004 (Gazette 26.8.2004 p3402)| 2005|56| Justices of the Peace Act 2005|17.11.2005|Sch 2 (cll 46—50)—1.7.2006 (Gazette 22.6.2006 p2012)| 2007|48| Statutes Amendment (Victims of Crime) Act 2007|8.11.2007|Pt 6 (s 18)—17.7.2008 (Gazette 17.7.2008 p3372)| 2009|18| Cross-border Justice Act 2009|21.5.2009|Sch 1 (cll 5 & 6)—1.12.2009 (Gazette 29.10.2009 p4982)| 2009|84| Statutes Amendment (Public Sector Consequential Amendments) Act 2009|10.12.2009|Pt 169 (ss 383 & 384)—1.2.2010 (Gazette 28.1.2010 p320)| 2009|85| Intervention Orders (Prevention of Abuse) Act 2009|10.12.2009|Sch 1 (cl 35)—9.12.2011 (Gazette 20.10.2011 p4269)| 2012|12| Statutes Amendment (Serious and Organised Crime) Act 2012|10.5.2012|Pt 13 (s 51)—17.6.2012 (Gazette 14.6.2012 p2756)| 2012|43| Statutes Amendment (Courts Efficiency Reforms) Act 2012|22.11.2012|Pt 15 (ss 45—47)—1.7.2013 (Gazette 16.5.2013 p1541)| 2013|47| Statutes Amendment (Attorney-General's Portfolio No 2) Act 2013|24.10.2013|Pt 10 (s 15)—17.5.2014 (Gazette 8.5.2014 p1630)| 2016|6| Youth Justice Administration Act 2016|17.3.2016|Sch 1 (cl 29)—1.12.2016 (Gazette 8.9.2016 p3677)| 2016|32| Statutes Amendment (Youth Court) Act 2016|30.6.2016|Pt 2 (ss 4—11)—1.1.2017 (Gazette 8.12.2016 p4903)| 2016|62| Statutes Amendment (Courts and Justice Measures) Act 2016|8.12.2016|Pt 11 (s 17)—1.1.2017 immediately after s 4 of 32/2016 s 4: s 2(2)| 2017|10| Statutes Amendment (Judicial Registrars) Act 2017|11.4.2017|Pt 6 (ss 43—49)—23.5.2017 (Gazette 23.5.2017 p1725)| 2017|18| Summary Procedure (Indictable Offences) Amendment Act 2017|14.6.2017|Sch 2 (cll 39—41)—5.3.2018 (Gazette 12.12.2017 p4961)| 2017|64| Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017|12.12.2017|Pt 22 (s 147)—26.2.2018 (Gazette 19.12.2017 p5119)| 2019|21| Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019|19.9.2019|Pt 19 (s 28)—19.9.2019: s 2(1)| 2019|45| Supreme Court (Court of Appeal) Amendment Act 2019|19.12.2019|Sch 1 (cl 88)—1.1.2021 (Gazette 10.12.2020 p5638)| 2020|34| Statutes Amendment (Attorney-General's Portfolio) Act 2020|1.10.2020|Pt 9 (s 16)—1.1.2021 immediately after s 4 of Statutes Amendment (Bail Authorities) Act 2020: s 2(3)| 2023|2| Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2023|23.2.2023|Pt 3 (s 5)—1.5.2023 (Gazette 27.4.2023 p862)| 2023|4| Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023|23.2.2023|Pt 17 (s 34)—22.6.2023 (Gazette 15.6.2023 p1774)| Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision|How varied|Commencement| Long title|amended under Legislation Revision and Publication Act 2002|1.9.2004| Pt 1||| s 2|omitted under Legislation Revision and Publication Act 2002|1.9.2004| s 3||| Department|deleted by 84/2009 s 383|1.2.2010| judicial office|amended by 56/2005 Sch 2 cl 46|1.7.2006| |amended by 10/2017 s 43(1)|23.5.2017| judicial registrar|inserted by 10/2017 s 43(2)|23.5.2017| Registrar|amended by 10/2017 s 43(3)|23.5.2017| Pt 2||| s 7|amended by 68/1996 s 65|8.10.1996| |amended by 85/2009 Sch 1 cl 35|9.12.2011| |amended by 12/2012 s 51|17.6.2012| |amended by 64/2017 s 147|26.2.2018| Pt 3||| s 9 before substitution by 32/2016||| s 9(1)|amended by 56/2005 Sch 2 cl 47(1)|1.7.2006| s 9(5)|amended by 56/2005 Sch 2 cl 47(2)|1.7.2006| s 9(9)|amended by 59/1998 s 23|13.12.1998| |substituted by 14/2001 s 2|12.4.2001| s 9|substituted by 32/2016 s 4 |1.1.2017| s 9(1)|amended by 10/2017 s 44|23.5.2017| s 9(3)|deleted by 4/2023 s 34|22.6.2023| s 10 before substitution by 32/2016||| s 10(4)|inserted by 68/1996 s 66|8.10.1996| s 10|substituted by 32/2016 s 4|1.1.2017| s 10(7a)—(7c)|inserted by 2/2023 s 5|1.5.2023| s 10(9)|deleted by 62/2016 s 17|1.1.2017| ss 10A—10C|inserted by 10/2017 s 45|23.5.2017| s 11||| s 11(2)|amended by 85/1995 s 19|14.12.1995| s 12||| s 12(2)|amended by 32/2016 s 5|1.1.2017| s 13|amended by 32/2016 s 6|1.1.2017| s 13A|inserted by 18/2009 Sch 1 cl 5|1.12.2009| s 14||| s 14(1)|amended by 32/2016 s 7(1)|1.1.2017| |amended by 10/2017 s 46(1), (2)|23.5.2017| s 14(2)|amended by 43/2012 s 45(1)|1.7.2013| |substituted by 32/2016 s 7(2)|1.1.2017| s 14(2a)|inserted by 43/2012 s 45(2)|1.7.2013| |deleted by 32/2016 s 7(2)|1.1.2017| |inserted by 10/2017 s 46(3)|23.5.2017| s 14(3)|substituted by 32/2016 s 7(2)|1.1.2017| |amended by 10/2017 s 46(4)|23.5.2017| s 14(4)|amended by 56/2005 Sch 2 cl 48(1)|1.7.2006| |deleted by 32/2016 s 7(2)|1.1.2017| s 14(5)|amended by 56/2005 Sch 2 cl 48(2)|1.7.2006| |amended by 32/2016 s 7(3), (4)|1.1.2017| |amended by 10/2017 s 46(5)|23.5.2017| s 14(7)|amended by 56/2005 Sch 2 cl 48(3)|1.7.2006| |amended by 10/2017 s 46(6)|23.5.2017| s 15||| s 15(3)|amended by 32/2016 s 8|1.1.2017| s 15(4)|inserted by 18/2009 Sch 1 cl 6|1.12.2009| Pt 5||| s 22||| s 22(1)|amended by 32/2016 s 9(1)|1.1.2017| |amended by 18/2017 Sch 2 cl 39|5.3.2018| s 22(2)|amended by 56/2005 Sch 2 cl 49(1), (2)|1.7.2006| |amended by 43/2012 s 46|1.7.2013| |substituted by 32/2016 s 9(2)|1.1.2017| |amended by 10/2017 s 47|23.5.2017| |substituted by 45/2019 Sch 1 cl 88|1.1.2021| s 22(2a)|inserted by 47/2013 s 15|17.5.2014| |amended by 32/2016 s 9(3)|1.1.2017| |deleted by 45/2019 Sch 1 cl 88|1.1.2021| s 22(2b)|inserted by 47/2013 s 15|17.5.2014| |deleted by 45/2019 Sch 1 cl 88|1.1.2021| s 23||| s 23(1)|amended by 18/2017 Sch 2 cl 40|5.3.2018| Pt 6||| s 24||| s 24(1)|(g) deleted by 23/2004 s 29|1.9.2004| |amended by 84/2009 s 384|1.2.2010| |amended by 6/2016 Sch 1 cl 29|1.12.2016| s 24(1a)|inserted by 48/2007 s 18|17.7.2008| s 25|amended by 68/1996 s 67|8.10.1996| |deleted by 42/1999 s 60|3.10.1999| Pt 7||| s 26|substituted by 10/2017 s 48|23.5.2017| s 26(1)|amended by 21/2019 s 28|19.9.2019| s 27|amended by 10/2017 s 49|23.5.2017| s 28|amended by 68/1996 s 68|8.10.1996| s 32||| s 32(1)|amended by 34/2020 s 16|1.1.2021| s 32(2)|amended by 68/1996 s 69|8.10.1996| |amended by 32/2016 s 10|1.1.2017| Sch|omitted under Legislation Revision and Publication Act 2002|1.9.2004| Transitional etc provisions associated with Act or amendments Statutes Repeal and Amendment (Children's Protection and Young Offenders) Act 1993 18—Transitional provisions—Youth Court On the commencement of the Youth Court Act 1993 the non-judicial staff of the Children's Court of South Australia are transferred to corresponding positions on the staff of the Youth Court of South Australia. 21—Interpretation of Acts and instruments The following provisions apply to the interpretation of Acts and instruments (whether of a legislative character or not): (a) a reference to the Children's Court of South Australia will be construed as a reference to the Youth Court of South Australia; (b) a reference to an officer of the Children's Court of South Australia will be construed as a reference to an officer with corresponding functions and responsibilities in relation to the Youth Court of South Australia. Statutes Amendment (Courts Administration Staff) Act 1995 20—Transitional provision (1) An appointment to a non-judicial office or position made or purportedly made before the commencement of this Act in accordance with an Act that is amended by this Act will be taken to have been duly made under the statutory provisions that, as amended by this Act, provide for the making of such an appointment as if this Act had been enacted and in force at the relevant time. Justices of the Peace Act 2005, Sch 2 50—Transitional provision An amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the Youth Court Act 1993 does not apply in respect of proceedings commenced before the commencement of the amending provision (and those proceedings may continue as if the amending provision had not been enacted). Statutes Amendment (Courts Efficiency Reforms) Act 2012 47—Transitional provision The amendments made to the Youth Court Act 1993 by this Part apply in respect of the sentencing of a person by the Youth Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) only if the proceedings for the relevant offence were commenced on or after that commencement. Statutes Amendment (Youth Court) Act 2016 11—Transitional provision (1) A person who was the Senior Judge or a Judge of the Youth Court immediately before the commencement day may sit as a member of the Court for the purpose of continuing and completing the hearing and determination of proceedings that are, on the commencement day, part heard. (2) A person who is, immediately before the commencement day, designated by proclamation as a magistrate of the Court or as a special justice of the Court will, after the commencement day, continue to be a magistrate of the Court or a special justice of the Court (as the case may be) of the classification, and for the term (if any), specified in the proclamation. (3) Subject to subsection (4), section 22 of the Youth Court Act 1993 as in force on and after the commencement day applies in relation to an appeal that has been lodged but not heard or determined before the commencement day. (4) Section 22(2) as in force immediately before the commencement day continues to apply in relation to an appeal against a judgment given in the Court by a Judge who, after the commencement day, is no longer a member of the Youth Court's judiciary. (5) In this section— commencement day means the day on which this Part comes into operation. Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14 41—Transitional provision The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act). Historical versions Reprint No 1—14.12.1995|| Reprint No 2—8.10.1996|| Reprint No 3—13.12.1998|| Reprint No 4—3.10.1999|| Reprint No 5—12.4.2001|| 1.9.2004|| 1.7.2006|| 17.7.2008|| 1.12.2009|| 1.2.2010|| 9.12.2011|| 17.6.2012|| 1.7.2013|| 17.5.2014|| 1.12.2016|| 1.1.2017|| 23.5.2017|| 26.2.2018 (electronic only)|| 5.3.2018|| 19.9.2019|| 1.1.2021|| 1.5.2023||