South Australian Consolidated Acts

YOUNG OFFENDERS ACT 1993 - SECT 4

4—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"Chief Executive" means the Chief Executive of the Department;

"Court" or "Youth Court" means the Youth Court of South Australia ;

"Department" means the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Family and Community Services Act 1972 ;

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

"DPP" means the Director of Public Prosecutions;

"family conference"—see Part 2 Division 3;

"guardian", in relation to a youth, means a parent of the youth or a person (other than the Minister) who is the guardian of the youth or has the immediate custody and control of the youth;

"home detention officer" means an employee of the Department assigned to the position of a home detention officer or authorised by the Minister (individually or by class) to exercise the powers of a home detention officer under this Act;

"homicide" means murder or manslaughter;

"immediate family" of a victim means—

            (a)         a spouse or domestic partner;

            (b)         a parent;

            (c)         a grandparent;

            (d)         a child (including an adult child);

            (e)         a grandchild (including an adult grandchild);

            (f)         a brother or sister;

"injury" means physical or mental injury, and includes pregnancy, mental shock and nervous shock;

"Judge" means a Judge of the Court;

"Minister" means the Minister to whom the administration of this Act is committed by the Governor or the Minister on whom, or to whom, the relevant Ministerial power or function is conferred or assigned under the Administration of Acts Act 1910 ;

"minor offence" means an offence to which this Act applies that should, in the opinion of the police officer in charge of the investigation of the offence, be dealt with as a minor offence because of—

            (a)         the limited extent of the harm caused through the commission of the offence; and

            (b)         the character and antecedents of the alleged offender; and

            (c)         the improbability of the youth re-offending; and

            (d)         where relevant—the attitude of the youth's parents or guardians;

"offence to which this Act applies" means any offence alleged to have been committed by a youth except an offence excluded by regulation;

"recidivist young offender" means a youth who is declared under Part 2 Division 2A of the Criminal Law (Sentencing) Act 1988 to be a recidivist young offender;

"registered victim" includes a member of a victim's immediate family whose name is entered in the Victims Register;

"Registrar" means the Registrar of the Court;

"spouse"—a person is the spouse of another if they are legally married;

"training centre" means a home or facility established by the Minister under the Community Welfare Act 1972 for the reception, detention, correction and training of youths;

"Training Centre Review Board" means the Training Centre Review Board established under Part 5;

"victim" of an offence means a person who suffers injury as a result of the offence;

"Victims Register"—see section 5A;

"working day" means a day other than a Saturday, Sunday or public holiday;

"youth" means a person of or above the age of 10 years but under the age of 18 years and, in relation to proceedings for an offence or detention in a training centre, includes a person who was under the age of 18 years on the date of the alleged offence;

"Youth Justice Co-ordinator"—see Part 2 Division 3;

"Youth Parole Board" means the Training Centre Review Board as constituted from time to time under Part 5 Division 3 to review the progress and circumstances of a recidivist young offender, or hear and determine any other matter relating to a recidivist young offender assigned to the Board under this Act.

        (2)         A reference in this Act to an "officer of the Department" includes a reference to—

            (a)         a person who, immediately before the commencement of this subsection, held an appointment made by the Governor as an officer of the Department; or

            (b)         a person who, after the commencement of this subsection, is designated by the Minister as an officer of the Department under section 4A.