Feedback from those areas in which the package has already been delivered has been extremely positive. Police referral rates in some of these areas have already increased considerably. The role of the Children's Courts Children's Courts magistrates have powers under the Act to do what police should have done. These powers are included as 'stop gap' measures, to ensure that all children have access in appropriate cases to their entitlement to the diversionary options set out in the Act. The Senior Children's Court Magistrate has recently produced a set of draft practice directions for the Act.
Magistrates can either caution the child or refer the child for a youth justice conference.
Magistrates must apply the same criteria as police to distinguish between a matter that should be cautioned and one that should be referred for a youth justice conference. The court must inform the relevant Local Area Commander that they have exercised these powers under the Act and their reasons for doing so. Magistrates can also caution a child or refer them to a conference if the child admits the offence at court or the offence is proved. It is hoped that the Practice Directions will encourage many more magistrates to play their part in ensuring that all children everywhere in New South Wales have access to their entitlement to the diversionary options in the Act. Provision of legal advice For cautions and youth justice conference referrals, police must arrest and interview the child in the presence of an independent adult.