You will need to consider s. 25(3) in assessing legislation, a policy or a program where it:

  • creates or amends procedures applicable to children charged with criminal offences in the investigation and prosecution of those offences;
  • creates or amends court procedures applicable to children charged with criminal offences;
  • creates or amends the law of evidence applicable to children charged with criminal offences;
  • creates or amends laws relating to the detention and custody of children charged with criminal offences;
  • creates an additional judisdiction or judicial forum in relation to matters involving children or amends the law relating to the existing Children’s Court of Victoria;
  • creates or amends offences for actions likely to be performed by children;
  • alters the definitions of ‘child’ and ‘young offender’ (for example, by reducing the age of criminal responsibility);
  • amends the law relating to adjournments of hearings involving children;
  • establishes or amends guidelines for sentencing children.

These policy triggers are not comprehensive.