The youth justice system in South Australia is regulated by the following pieces of legislation:
These Acts are companion pieces of legislation which means that they are to be read together and understood as if they form a single Act [see Youth Justice Administration Act 2016 (SA) s 5].
The Youth Court specialist jurisdiction is governed by Chapter 8 of the Uniform Special Statutory Rules 2022 (SA).
The object of the Young Offenders Act 1993 (SA) is to ensure that youths who criminally offend receive the care, correction and guidance needed for their development into responsible and useful members of the community and the proper realisation of their potential [see Young Offenders Act 1993 (SA) s 3].
The Youth Justice Administration Act 2016 (SA) regulates the administration and oversight of youth training centres and other facilities relating to young offenders. The object of this Act is to provide for the 'safe, humane and secure management of youths held in training centres' in South Australia [Youth Justice Administration Act 2016 (SA) s 3].
A youth for the purposes of both Acts is a child of or above the age of 10 but under the age of 18 years [see Young Offenders Act 1993 (SA) s 4 and Youth Justice Administation Act 2016 (SA) s 3].
Section 3 of the Young Offenders Act 1993 (SA) sets out the importance of the following:
As far as the circumstances allow, in dealing with a youth under the Young Offenders Act 1993 (SA):
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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