Youth Justice Act 2024

This page provides general information and should not be considered legal advice. Seek legal advice if you are unsure about your legal rights. Be aware that the law can change.

The Youth Justice Act 2024 provides a framework for the youth justice system that responds to youth offending. Part 2.3 of the Act provides for registration of Aboriginal youth justice agencies by the Secretary of the Department of Justice and Community Safety. The Secretary may also authorise the principal officer of an Aboriginal youth justice agency to perform specified prescribed functions and powers of the Secretary in relation to an Aboriginal child or young person.

Cases we can hear

VCAT can review decisions of the Secretary made on internal review about the following decisions in relation to an Aboriginal youth justice agency:

• A decision to refuse registration.
• A decision to refuse to renew registration.
• A decision to revoke registration.
• A decision to revoke registration in respect of certain functions and powers.
• A decision to revoke an authorisation to perform specified prescribed functions and powers.

Legislation that gives VCAT the power to hear these applications

Section 55 of the Act.

Documents you need to apply

You need to provide the statement of reasons you received from the Secretary with your application. 

Time limits

You must apply to VCAT for review of the Secretary’s decision within 28 days after the day on which you were given a statement of reasons.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by ticking the ‘extension of time’ box on the application form and briefly explain why your application was late.

VCAT will ask the decision-maker if they agree to any extension. If the decision-maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

You must apply to the Secretary for internal review before applying to VCAT.

What can VCAT order

VCAT can:

• affirm the original decision, in which case it will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision and send back the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision maker to reconsider their decision at any time during the case.

Putting the original decision on hold

Applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision.

If you want the original decision put on hold, you must ask for this by ticking the ‘stay’ box on the application form and briefly explaining why you are seeking a stay.

It may not be possible to put the decision on hold if there would be no practical effect in doing so.

VCAT will ask the decision-maker if they agree to any stay. If the decision-maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

Additional information

Lawyer or professional representative

You do not need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the Secretary will usually be legally represented.

Find legal services that may be able to assist you

Apply

We can explain the application process and what the form is asking you for.

Contact us to get support

We can't give you legal advice. This means we cannot tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you're unsure about your options or need advice about your claim.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.