New South Wales Consolidated Acts
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CHILDREN (DETENTION CENTRES) ACT 1987
- As at 19 February 2024
- Act 57 of 1987
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. Objects of Act
4A. Commonwealth detainees
PART 2 - DETENTION CENTRES
5. Establishment of detention centres
6. Secretary to have control and management of detention centres
7. Inspection of detention centres by juvenile justice officer appointed by Secretary
8. Inspection of detention centres by judges etc
8A. Official Visitors
PART 3 - PERSONS ON REMAND AND PERSONS SUBJECT TO CONTROL
Division 1 - Admission to detention centres
9. Persons on remand and persons subject to control to be detained in detention centres
9A. Certain persons not to be detained in detention centres
10. Transfer of juvenile inmates from correctional centres to detention centres
11. Secretary to determine detention centre at which a person subject to control is to be detained
12. Duly endorsed detention orders authorise conveyance and detention of persons subject to control
13. Transfers between detention centres
Division 2 - Treatment of detainees
14. Functions of the Secretary
15. Detainees to be in custody of centre manager
16. Separation of detainees
17. Private property
17A. Detainees not to be supplied with or allowed alcohol, tobacco or adult films
18. Work to be performed by detainees
19. Segregation of detainees for protection
20. Complaints of misbehaviour
21. Punishments for misbehaviour
22. Prohibited punishments
22A. Prohibition on use of spit hoods
Division 3 - Miscellaneous
23. Persons on remand not to be granted leave
23A. Escorted absences
24. Persons subject to control may be granted leave, discharged etc
24A. Conditions of leave as to non-association and place restriction
25. Removal to hospital of detainees
26. Use of Corrective Services staff in dealing with riots and disturbances
26A. Use of Corrective Services staff to convey national security interest detainees
27. Medical attention
28. Transfer of older detainees from detention centres to correctional centres
28A. Certain children may be remanded in correctional centres
28B. Certain children etc may be committed to correctional centres
28BA. Certain persons to serve balance of detention order in correctional centre
28C. Meaning of "detention centre offence"
28D. Review etc of sec 28B orders
28E. Consideration of suitability for detention centre
28F. Consent of Minister administering Crimes (Administration of Sentences) Act 1999 required
29. (Repealed)
30. Discharge generally
31. Early discharge
32. Termination of detention orders
32A. Regulations
32AA. Complaints guidelines
PART 4 - OFFENCES
32AB. Definition
33. Escaping
34. Helping person to escape
35. Rescuing persons from lawful custody
36. Permitting escapes
37. Harbouring escapees
37A. Breaching conditions of leave, failure to return etc
37B. Trafficking in alcohol, drugs or other things
37C. Unlawful entry into detention centre or communication with detainee
37CA. Unlawful possession of remotely piloted aircraft
37CB. Possession or operation of remotely piloted aircraft in prohibited airspace
37D. (Repealed)
PART 4A - ADMINISTRATION
Division 1 - Health
37E. Functions of Justice Health and Forensic Mental Health Network
37F. Chief Executive, Justice Health and Forensic Mental Health Network to have access to detention centres, detainees and medical records
37G. Appointment of medical officers
37H. Delegation of functions of Chief Executive, Justice Health and Forensic Mental Health Network
Division 2 - Testing of juvenile justice officers for alcohol and prohibited drugs
37I. Definitions
37J. Testing of juvenile justice officers for alcohol and prohibited drugs
37K. Testing where juvenile justice officer attends hospital
37L. Protection from liability
37M. Regulations
PART 4B - SERIOUS YOUNG OFFENDERS REVIEW PANEL
37N. Definitions
37O. Constitution of Review Panel
37P. Functions of Review Panel
37Q. Matters to be considered by Review Panel
37R. Annual reports
37S. Security of certain information
PART 4C - PAROLE OF DETAINEES
Division 1 - Preliminary
38. Principles of Part
39. Definitions
40. Application of Part
41. Jurisdiction of Children's Court relating to parole
42. Eligibility for release on parole
43. Parole order necessary for release
Division 2 - Making of parole orders
44. Statutory parole orders where detention order for period of 3 years or less
45. Parole orders where detention order for period of more than 3 years
46. General duty of Children's Court relating to release of offenders
47. Parole orders in exceptional circumstances
Division 3 - Release under parole orders
48. Application of Division
49. Date of release on parole of serious offenders
50. Release under parole order
51. Sentence continues to run while juvenile offender on parole
Division 4 - Conditions and obligations of parole orders
52. Application of Division
53. Conditions of parole generally
54. Conditions of parole as to non-association and place restriction
55. Conditions as to supervision
56. Children's Court may exempt from supervision condition in exceptional circumstances
57. Suspension of certain parole conditions
Division 5 - Parole orders for terrorism related offenders
58. Definitions
59. Juvenile offenders to whom Division applies
60. Limitation on release on parole of terrorism related offenders
61. General provisions relating to terrorism related offenders
Division 6 - Revocation of parole orders and other sanctions
62. Application of Division
63. Revocation of parole before release
64. Actions by Secretary on non-compliance
65. Actions by Children's Court on non-compliance
66. Circumstances for revocation in addition to non-compliance
67. Hearings as to non-compliance and revocation
68. Effect of revocation order
69. Request by Attorney General, Minister, DPP to revoke parole order
70. Application to Supreme Court by juvenile offender
Division 7 - Reconsideration of parole
71. Application of Division
72. Reconsideration options after refusal of parole
73. Reconsideration options after revocation of parole
74. Application for reconsideration of parole decision or revocation
75. Decisions on reconsideration
76. Date of parole after reconsideration
Division 8 - Procedure at hearings
77. Hearings
78. Power to require attendance of juvenile offenders and witnesses and production of documents
79. Submissions by juvenile offenders at hearings
80. Rights of parties making submissions
81. Adjournments
82. Warrants
83. Witnesses' expenses
Division 9 - Prerogative of mercy
84. Governor may make parole order
Division 10 - Miscellaneous
85. Application of Division
86. Submissions by State
86A. Withdrawal of offender information provided under Terrorism (High Risk Offenders) Act 2017
87. Submissions by Secretary
88. Functions may be exercised after order has expired
89. Notice of parole decisions
90. Parole order not invalidated by failure to comply with procedural requirements
91. Security of certain information
92. Delegation of functions by Secretary
93. Recommendations to Secretary
94. Service of notices
95. Records of decisions
96. Decision final
97. Regulations
PART 5 - MISCELLANEOUS
98. Arrest of escapees etc
99. Extension of term of detention order following unlawful absence
100. Expediting trials and appeals
100A. Victims Register
100B. Notification to victims of parole consideration
100C. Notification to victims of leave consideration
100D. Information to be provided to victims
101. Delegation of functions
101A. Functions of centre manager
102. Unlawful disclosure of information
102A. Authority to disclose information
102B. Authority to exchange certain information
103. Evidentiary matters
104. Proceedings for offences
105. Attendance of persons subject to control before courts and court officers
106. Admission to detention centre following arrest or apprehension for breach of bail
107. Royal prerogative of mercy preserved
108. Saving as to functions of Sheriff
109. Regulations
110. (Repealed)
SCHEDULE 1A
SCHEDULE 1
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