News · Criminal law explainer
The Young Offenders Act in NSW.
For most children who get into trouble with the law, going to court is the last resort, not the first. The Young Offenders Act 1997 (NSW) sets up a system of diversion designed to deal with young people away from court where it can. This note explains the three main options, warnings, cautions, and youth justice conferences, which offences they cover, and why keeping a child out of the court system matters. It works alongside the rules on the age of criminal responsibility.
By Aaron Kernaghan · Published 3 September 2026
What is the Young Offenders Act for?
The Act provides an alternative to court for children and young people who commit certain offences. Its aim is to hold young people accountable in a way that steers them away from further offending, while keeping them out of the formal court system where that is appropriate.
It sets up a hierarchy of responses, from a simple warning at the lightest end, to a caution, to a youth justice conference at the most involved end. The response is meant to match the seriousness of the offence and the circumstances of the child.
Warnings
A warning is the lightest option. A police officer can give a warning on the spot for a minor offence, such as some summary matters, where the child admits nothing formally and there is no need for anything more. There are no conditions attached to a warning.
A warning is recorded but is not a conviction and does not form part of a criminal record. It is a way of dealing with minor offending without dragging a young person into the system.
Cautions
A caution is a more formal step. It can be given by police or the court for offences covered by the Act, where the child admits the offence and consents to the caution. A caution is given in a structured way, often with a parent or support person present, and can involve the child hearing about the effect of their conduct.
A child can receive a limited number of cautions. Like a warning, a caution is not a conviction and does not create a criminal record, but it is recorded and taken into account if the child offends again.
Youth justice conferences
A youth justice conference is the most involved diversion option. It brings together the young person, their family or support people, and sometimes the victim, to talk about the offence and agree on an outcome plan. The plan can include an apology, work, or steps to repair the harm and address the causes of the offending.
A conference can be arranged by police or referred by the court for more serious offences covered by the Act. Where the child completes the outcome plan, the matter is dealt with without a conviction. It is a restorative process aimed at accountability and change.
Which offences are covered, and why it matters
The Act covers a wide range of summary and less serious indictable offences, but not the most serious offences, such as serious violence or sexual offences, and not certain traffic matters. Where an offence is covered, diversion should be considered before a child is taken to court.
Keeping a young person out of the court system, and away from a conviction, can change the course of their life. A conviction as a child can follow a person into adulthood. Getting the diversion path right, and pressing for it where it is available, is an important part of acting for a young person. Our note on doli incapax explains when a child can be criminally responsible at all.
Frequently asked.
What is the Young Offenders Act?
A NSW Act that diverts children and young people who commit certain offences away from court, through warnings, cautions, and youth justice conferences, to hold them accountable while keeping them out of the formal court system where appropriate.
What is the difference between a warning and a caution?
A warning is the lightest option, given on the spot for minor offences with no conditions. A caution is more formal, requires the child to admit the offence and consent, and is given in a structured way. Neither is a conviction.
What is a youth justice conference?
A meeting of the young person, their support people, and sometimes the victim, to discuss the offence and agree an outcome plan such as an apology or work. Completing the plan resolves the matter without a conviction.
Does a caution give a child a criminal record?
No. A warning, caution, or completed conference is not a conviction and does not create a criminal record. They are recorded and can be taken into account if the child offends again.
Which offences are not covered?
The most serious offences, such as serious violence and sexual offences, and certain traffic matters, are not covered by the Act and are dealt with by the courts. The scheme applies to summary and less serious indictable offences.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.