Victorian Numbered Acts

COURTS AND SENTENCING LEGISLATION AMENDMENT ACT 2012 (NO. 26 OF 2012) - SECT 9

After section 518 of the Children, Youth and Families Act 2005 insert —

        " 518A     Circumstances in which Koori Court (Criminal Division) may deal with breach of a sentence imposed by it or by another Division of the Children's Court

For the purposes of section 518(b) and (ba), the circumstances are—

        (a)     the child is Aboriginal; and

        (b)     the offence to which the sentence relates is within the jurisdiction of the Criminal Division, other than a sexual offence as defined in section 6B(1) of the Sentencing Act 1991 ; and

        (c)     in the case of an offence constituted by a breach of a sentence referred to in section 518(b) or (ba), the child—

              (i)     intends to plead guilty to the offence; or

              (ii)     pleads guilty to the offence; or

              (iii)     has been found guilty of the offence by the Criminal Division; and

        (d)     the child consents to the proceeding being dealt with by the Koori Court (Criminal Division).".