Who may refer a youth for a psychology test or counselling at a juvenile classification institute, and does the institute have to accept every referral?
General information · Not legal advice
Material to check
In the practice file, read the referral itself and note who signed it — the youth or the youth's guardian — alongside the paper showing the youth's status as a youth under the Youth Act. Also read any record of the cost charged, since actual costs may be taken as the Minister of Justice provides.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the referral at its word: where a youth under the Youth Act, or that youth's guardian, refers a youth psychology test or counselling for career exploration, the director of the juvenile classification institute may carry it out, and may recover actual costs as the Minister of Justice provides.
Another reading stresses the discretionary phrase 'may do so' and the fact that only the youth or that youth's guardian is named as referrer, so the provision leaves open how a referral from anyone else is treated and how actual costs are calculated.
Your judgment
How could a file show that the referral came from the youth or the guardian named in the provision rather than from another person acting for them?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to name further persons who may refer, or if the Minister of Justice sets out how actual costs are calculated.