Statements Made by Young People in Protected Interviews Cannot Be Used in Court and Police Can Hold Charged Youth for Up to 48 Hours
Youth Justice and Criminal Code Amendment Bill 2026
Introduced by: Gerard Maley (CLP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
It is now a crime to assault corrections workers; this includes officers, superintendents, and facility staff.
Police officers get immunity when performing functions under the Youth Justice Act 2005.
Police can hold youth in a station or watch house for up to 48 hours if they cannot get them to a detention centre quickly.
Youth can be held in intake and transfer facilities to await a move to a detention centre; this applies even if they first went to a hospital.
Superintendents can search detainees for safety or prohibited items; the rules for these searches differ based on whether the youth is inside or outside the facility.
Police must tell youth they have a right to silence, a right to a lawyer, and a right to a support person before interviews.
Police cannot interview a youth if that youth uses their right to silence.
Police can conduct urgent interviews about public safety; they must tell the youth that these specific statements cannot be used against them in court.
Police officers can invite young people to a 'protected interview' to get information about a crime or check if they can join a diversion program. Anything the young person says in this interview cannot be used against them in court.
During a protected interview, police must tell the young person they have the right to stay silent, the right to a lawyer, and the right to a support person. A support person must be present for the interview to happen.
Police cannot conduct a protected interview if the young person chooses to stay silent.
Police can invite young people to an 'urgent protected interview' about serious and urgent public safety matters. Anything said in these interviews cannot be used against the young person in court.
When interviewing young people under standard rules, police must tell them they have the right to a lawyer and a support person, but warn them that their statements can be used against them in court.
Police or watch house staff can hold a charged young person at a police station or watch house for up to 48 hours if they cannot be moved to a detention centre sooner.
Staff can use force to stop a youth detainee from escaping, to arrest them, or to move them to and from a detention centre.