The date on which the family group conference is to be held is specified when a family group conference is convened.
The holding time takes effect from the day on which the date for the conference is fixed, not from the expiry of the maximum convening time.
It is not required to use the maximum holding times available to the family group conference as the conference can be held at any time up to and including the last legal date for holding.
Section |
Convening time |
Holding time |
Details |
247(a) |
21 days |
1 month |
Child offender:
For children who offend (aged over 10 and under 14) and who, pursuant to s18(3), are believed to be in need of care and protection under s14(1)(e) due to the level of their offending.
|
247(b) |
21 days |
1 month |
Intention to Charge (also referred to as a “Police Referral”):
For young people who are alleged to have committed an offence and for whom the police believe a prosecution is required in the public interest. The family group conference may still resolve the matters informally without recourse to the Youth Court.
|
247(c) |
7 days |
7 days |
Custody after denial:
Directed for young people who deny the offence and who are held in custody under s238(1)(d) & (e). They are held to consider the continued custody or otherwise of the young person pending a defended hearing.
|
247(d) |
14 days |
7 days |
Direction by Court:
These are directed for young people who do not deny offences in the Youth Court and who are not in custody under s238(1)(d) & (e).
|
247(d)
(in custody) |
7 days |
7 days |
Direction by Court:
These are directed for young people who do not deny offences or make no plea in the Youth Court and who are held in custody under s238(1)(d) & (e). These family group conference s should only address the custody of the young person before being adjourned until a later date to address the offending, given the limited time in which to properly prepare for the family group conference.
|
247(e) |
14 days |
1 month |
Proof of charge:
These are directed for young people when an offence is proven against them in a defended hearing in the Youth Court.
|
281B |
No specific timeframe |
No specific timeframe |
These can be directed by the Youth Court at any time if the Court considers that a family group conference is necessary or desirable.
The Court will direct the matters to be considered by the family group conference.
|
Other Referrals to a Youth Justice Coordinator
S70(3)(a) |
No specific timeframe |
From Family Court - family group conference for a child who has offended and for whom a s67 application has been made without a family group conference being held. |
S270(1A)(a) |
No specific timeframe |
From social worker or approved services – certain conditions apply. |
S280(A)(5) |
No specific timeframe |
From Youth Court – family group conference to consider if the making of a s67 declaration for 12 or 13 year old would serve the public interest more than continuing in Youth Court. |
S281(2) |
must be convened within 14 days of direction |
Family group conference to be held when young person summonsed under s295 or before certain orders cancelled. |
281B |
No specific timeframe |
These can be directed by the Youth Court at any time if the Court considers that a family group conference is necessary or desirable. The Court will direct the matters to be considered by the family group conference. |
