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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Youth Justice Administration
Bill 2015
A BILL FOR
An Act to provide for the establishment and management of training centres
and community based supervision services; to make related or consequential
amendments to various other Acts; and for other purposes.
Contents
3Objects and guiding principles
5Interaction with
companion legislation
Part 2—Administration of youth
justice
6Power of Minister and Chief Executive to
delegate
8Use of volunteers in administration of
Act
9Chief Executive's annual report
14Training Centre Visitor's
functions
15Use and obtaining of information
16Visits to and inspection of training
centres
17Requests to contact Training Centre
Visitor
18Reporting obligations of Training Centre
Visitor
20Confidentiality of information
Division 1—Establishment of training
centres, facilities and programs
21Training centres,
facilities and programs
Division 2—Charter
of Rights for Youths Detained in Training Centres
22Charter of Rights for Youths Detained in
Training Centres
Division 3—Procedures on
admission
23Initial assessment on
admission
Division 4—Custody of residents of
training centres
24Minister has custody of youths in
detention
25Chief Executive responsible under Minister for
management of training centres
Division 5—Management of residents of
training centres
26Chief Executive may make rules relating to
management of training centre
29Prohibited treatment of
residents
33Use of force against residents
Division 6—Leave of absence under
authority of Chief Executive
34Leave of absence under
authority of Chief Executive
Division 7—Transfer
of youths under detention from 1 jurisdiction to another
36Transfer of young offenders to other
States
37Transfer of young offenders to this
State
38Adaptation of correctional orders to different
correctional systems
Division 8—Release from
detention
40Release of youth from detention
41Manner in which former resident's personal
property is to be dealt with
42Certain prohibited items not to be returned to
former residents
Part 5—Community programs and
community service
44Restrictions on performance of community
service and other work orders
45Insurance cover for youths performing
community service or other work orders
46Community service or other work orders may
only involve certain kinds of work
47Hindering a person in execution of
duty
48Impersonating an employee of
Department
50Disclosure of health information
51Information about youth may
be given in certain circumstances
52Information about youth to be given when youth
to be imprisoned
Schedule 1—Related amendments and
transitional provisions
Part 2—Amendment of Children's
Protection Act 1993
2Amendment of section 52C—The Guardian's
functions and powers
Part 3—Amendment of Criminal Law
Consolidation Act 1935
3Amendment of section
269A—Interpretation
Part 4—Amendment of Criminal Law
(Sentencing) Act 1988
4Amendment of section
3—Interpretation
5Amendment of section 3A—Application of
Act to youths
7Amendment of section 79A—Rights on
arrest
Part 5—Amendment of Family and
Community Services Act 1972
9Amendment of section 36—Establishment of
facilities and programs for children
10Amendment of section 77—Unlawful
communication with children in certain facilities
11Amendment of section 236—Limitation on
tortious liability for acts of certain children
12Amendment of section
251—Regulations
Part 6—Amendment of Young
Offenders Act 1993
13Amendment of section
4—Interpretation
14Amendment of section 15—How youth is to
be dealt with if not granted bail
15Amendment of section 23—Limitation on
power to impose custodial sentence
16Amendment of section 26—Limitation on
Court's power to require bond
17Amendment of section 36—Detention of
youth sentenced as adult
18Amendment of section 36A—Transfer
following imposition of concurrent prison sentence
19Amendment of section 39—Reviews etc and
proceedings of Training Centre Review Board
20Amendment of section 40A—Leave may be
authorised by Board
21Amendment of heading to Part 5 Division 3
Subdivision 3
22Amendment of section 41A—Conditional
release from detention
23Amendment of section 41B—Release on
condition of home detention
25Repeal of sections 49A to 51
63Transfer of youths in
detention to other training centre or prison
28Amendment of section 64—Information
about youth may be given in certain circumstances
Part 7—Amendment of Youth Court
Act 1993
29Amendment of section 24—Persons who may
be present in Court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Youth Justice Administration
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
3—Objects
and guiding principles
(1) The objects of this Act are—
(a) to provide mechanisms for the establishment and proper administration
of training centres, community based supervision services and other facilities
and services relating to youths who offend against the criminal law;
and
(b) to provide for the safe, humane and secure management of youths held
in training centres in the State; and
(c) to provide for appropriate programs for youths who are in detention or
under supervision in the community; and
(d) to follow, to the extent practicable, international and national
requirements or guidelines relating to the detention of youths; and
(e) to promote the rehabilitation of youths by providing them with the
care, correction and guidance necessary for their development into responsible
members of the community and the proper realisation of their potential;
and
(f) to have regard to the rights of victims of crime; and
(g) to have regard to the particular needs and circumstances of youths who
are under the guardianship of the Minister, or of whom the Minister has custody,
under the
Children's
Protection Act 1993
and who are residents of training centres or are required to be supervised
in the community; and
(h) to have regard to the particular needs and circumstances relevant to a
youth's cultural identity and linguistic background; and
(i) to promote, and endeavour to ensure compliance with, the Charter of
Rights for Youths Detained in Training Centres; and
(j) to recognise the importance of family and community involvement and
participation in administering youth justice; and
(k) to promote community safety.
(2) The Minister, the
Chief Executive, the Department and other persons and bodies involved in the
administration of this Act are to be guided by the following principles in the
exercise of their functions:
(a) in exercising powers under this Act, consideration should at all times
be given to promoting the well-being and best interests of youths;
(b) youths should be made aware of their obligations under the law and of
the consequences of any breach of the law;
(c) the management of residents of training centres, and youths who are
subject to supervision in the community, should be designed to achieve their
rehabilitation and development into responsible members of the community and the
proper realisation of their potential;
(d) the community, and individual members of it, must be adequately
protected against violent or wrongful acts;
(e) facilities and programs developed for the care, rehabilitation,
detention, training, therapeutic treatment or other treatment of youths
should—
(i) be evidence based; and
(ii) be individually designed as much as reasonably
practicable—
(A) to take account of the youth's age, gender, gender identity, sexuality
or sexual identity, cultural identity, developmental and cognitive capacity,
ability or disability, and any special needs; and
(B) to promote the health of the youth; and
(C) to promote the educational and vocational training needs of the youth;
and
(D) to address offending behaviours; and
(iii) be governed by a comprehensive assessment and case plan developed in
a multi-disciplinary framework; and
(iv) support a focus on connecting and reintegrating with family and
community; and
(v) take into consideration the different traditions, cultural values and
religious beliefs of ethnic or racial groups within the youth's community;
and
(vi) emphasise individual responsibilities.
(3) In addition to the principles set out in
subsection (2)
, a person or body exercising a function or power under this Act in
relation to an Aboriginal or Torres Strait Islander youth must—
(a) observe the Aboriginal and Torres Strait Islander Youth Justice
Principle; and
(b) have regard to the particular needs and circumstances of Aboriginal or
Torres Strait Islander youths who are residents of training centres or are under
supervision in the community; and
(c) recognise the diversity of cultures within Aboriginal and Torres
Strait Islander communities.
(1) In this Act, unless the contrary intention appears—
Aboriginal and Torres Strait Islander Youth Justice Principle
means the Aboriginal and Torres Strait Islander Youth Justice Principle as
stated in the regulations;
Aboriginal or Torres Strait Islander youth means a youth
who—
(a) is of Aboriginal or Torres Strait Islander descent; and
(b) identifies himself or herself as being of Aboriginal or Torres Strait
Islander origin and is accepted as such by the community with which he or she
associates;
alcotest means a test by means of an apparatus of a kind
approved for the conduct of alcotests under the
Road
Traffic Act 1961
;
analyst has the same meaning as in the
Controlled
Substances Act 1984
;
biological sample means a sample of urine, saliva or
sweat;
Charter of Rights for Youths Detained in Training
Centres—see
Part 4
Division 2
;
Chief Executive means the Chief Executive of the
Department;
child of compulsory education age means a person who is
16 years of age;
child of compulsory school age means a child of or above the
age of 6 years but under the age of 16 years;
community youth justice officer means—
(a) an officer or employee of the Department assigned to the position of a
community youth justice officer whose duties include the supervision of youths
who are required to carry out community service or be subject to supervision in
the community; or
(b) a person authorised (individually or by class) by the Chief Executive
to exercise the powers of a community youth justice officer;
Department means the administrative unit of the Public
Service that is responsible for assisting a Minister in the administration of
this Act;
detention means detention in a training centre;
drug means—
(a) alcohol; or
(b) a substance that is a prescription drug or a controlled drug under the
Controlled
Substances Act 1984
;
drug test means an alcotest or urinalysis, or a prescribed
procedure;
employee, in relation to a training centre, means an officer
or employee of the Department whose duties include the supervision of youths
detained in a training centre;
exercise, for a function, includes perform;
guardian, in relation to a youth, means—
(a) a parent of the youth; or
(b) a person (other than a Minister of the Crown) who is the guardian of
the youth or has the immediate custody and control of the youth,
and includes a person who has the custody and control of a youth who is
under the guardianship, or in the custody, of the Minister under the
Children's
Protection Act 1993
;
Guardian for Children and Young Persons means the Guardian
for Children and Young Persons appointed under the
Children's
Protection Act 1993
;
prescribed procedure means a procedure, prescribed by
regulation, consisting of the taking of a biological sample from a person for
analysis for the purpose of ascertaining the presence of a drug in the body of
the person from whom the sample was taken;
resident of a training centre means a youth detained in the
centre;
safe room means a room (other than a resident's bedroom) in a
training centre that is set aside for the safe detention of residents of the
centre;
Training Centre Review Board means the Training Centre Review
Board established under the Young Offenders Act;
Visitor means the Training Centre Visitor appointed under
Part 3
;
Young Offenders Act means the
Young
Offenders Act 1993
;
youth means a person of or above the age of 10 years but
under the age of 18 years and, in relation to proceedings for an offence or
detention in a training centre, includes a person who was under the age of
18 years on the date of the alleged offence.
(2) A reference in this Act or in the Young Offenders Act to an
officer of the Department includes a reference to—
(a) a person who, immediately before the commencement of this paragraph,
holds an appointment as an officer of the Department under the Young Offenders
Act; or
(b) a person who, immediately before the commencement of this paragraph,
is designated as an officer of the Department under section 4A of the Young
Offenders Act.
5—Interaction
with companion legislation
(1) This Act and the Young Offenders Act are to be read together and
construed as if the 2 Acts constituted a single Act.
(2) Accordingly, terms used in this Act and also in the Young Offenders
Act have the same meanings in this Act as they have in that Act (unless the
contrary intention appears).
Part 2—Administration
of youth justice
6—Power
of Minister and Chief Executive to delegate
(1) The Minister may, from time to time, by instrument in writing,
delegate to the Chief Executive any powers, duties or functions under this Act
or any other Act.
(2) The Chief Executive may delegate any of the powers, duties,
responsibilities or functions vested in, or delegated to, the Chief Executive
under this Act or any other Act—
(a) to a specified employee of the Department; or
(b) to an employee of the Department of a specified class; or
(c) with the approval of the Minister—to any other suitable
person.
(3) A delegation under this section is revocable at will, and does not
prevent the exercise of any power, function, duty or responsibility by the
Minister or the Chief Executive.
(4) Any power, function, duty or responsibility vested in, imposed on or
delegated to the Chief Executive under this Act may, if the Chief Executive is
absent from or otherwise unable to perform the duties of office, be exercised by
such other officer or employee of the Department as the Minister may, by
instrument in writing, authorise.
7—Functions
of Chief Executive
The functions of the Chief Executive include—
(a) responsibility for ensuring that proper standards of administration
are observed in the management of training centres; and
(b) establishing community youth justice programs for the purposes of
youths who are subject to supervision in the community; and
(c) any other function conferred on the Chief Executive under this Act or
any other Act.
8—Use
of volunteers in administration of Act
The Minister must promote the use of volunteers in the administration of
this Act to such extent as the Minister thinks appropriate.
9—Chief
Executive's annual report
(1) The Chief Executive must, not later than 30 September in each year,
submit to the Minister a report on—
(a) the operation of this Act and the work of the Department in relation
to the administration of this Act for the financial year ending on the preceding
30 June; and
(b) any other matter as the Minister may direct.
(2) The Minister must, within 12 sitting days after receipt of a report
under this section, cause a copy of the report to be laid before each House of
Parliament.
Members of Parliament, judges, the Guardian for Children and Young Persons,
the Training Centre Visitor and any other person authorised in writing by the
Minister are entitled to visit a training centre.
(1) There is to be a Training Centre Visitor.
(2) The Governor may appoint a person (who may be the Guardian for
Children and Young Persons) to be the Visitor.
(3) If the person appointed to be the Visitor is not the Guardian for
Children and Young Persons, the person will be appointed on conditions
determined by the Governor and for a term, not exceeding 5 years, specified
in the instrument of appointment and, at the expiration of a term of
appointment, will be eligible for reappointment.
(4) Subject to this section, the Guardian for Children and Young Persons
will, if he or she is appointed to be the Visitor, hold office as such for so
long as he or she holds office as the Guardian.
(5) The Governor
may remove a person from office as the Visitor on the presentation of an address
from both Houses of Parliament seeking the person's removal.
(6) The Governor
may suspend a person from the position of Visitor on the ground of incompetence
or misbehaviour and, in that event—
(a) a full statement of the reason for the suspension must be laid before
both Houses of Parliament within 3 sitting days of the suspension;
and
(b) if, at the expiration of 1 month from the date on which the
statement was laid before Parliament, an address from both Houses of Parliament
seeking the person's removal has not been presented to the Governor, the person
must be restored to the position.
(7) The position of Training Centre Visitor becomes vacant if the person
appointed to the position—
(a) dies; or
(b) resigns by written notice given to the Minister; or
(c) completes a term of appointment and is not reappointed; or
(d) is removed from the position by the Governor under
subsection (5)
; or
(e) becomes bankrupt or applies as a debtor to take the benefit of the
laws relating to bankruptcy; or
(f) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(g) becomes a member of the Parliament of this State or any other State of
the Commonwealth or of the Commonwealth or becomes a member of a Legislative
Assembly of a Territory of the Commonwealth; or
(h) becomes, in the opinion of the Governor, mentally or physically
incapable of exercising satisfactorily the functions of the position.
(8) The Minister may appoint a person to act in the position of Training
Centre Visitor—
(a) during a vacancy in the position; or
(b) when the Visitor is absent or unable to exercise the functions of the
position; or
(c) if the Visitor is suspended from the position under
subsection (6)
.
(1) In exercising his or her functions and powers under this Act, the
Training Centre Visitor must act independently, impartially and in the public
interest.
(2) The Minister cannot control how the Visitor is to exercise the
Visitor's statutory functions and powers and cannot give any direction with
respect to the content of any report prepared by the Visitor.
Note—
This provision does not derogate from any express power of the Minister
under this Act.
The Minister must provide the Training Centre Visitor with the staff and
other resources that the Visitor reasonably needs for exercising the Visitor's
functions.
14—Training
Centre Visitor's functions
(1) The functions of
the Training Centre Visitor include the following:
(a) to conduct visits to training centres as required or authorised under
this Part;
(b) to conduct inspections of training centres as required or authorised
under this Part;
(c) to promote the best interests of the residents of a training
centre;
(d) to act as an advocate for the residents of a training centre to
promote the proper resolution of issues relating to the care, treatment or
control of the residents;
(e) to inquire into, and provide advice to the Minister, in relation to
any systemic reform necessary to improve—
(i) the quality of care, treatment or control of residents of a training
centre; or
(ii) the management of a training centre;
(f) to inquire into and
investigate any matter referred to the Visitor by the Minister;
(g) any other functions assigned to the Visitor by this or any other
Act.
(2) In exercising functions under this Part, the Visitor—
(a) must encourage residents of a training centre to express their own
views and give proper weight to those views; and
(b) must pay particular attention to the needs and circumstances of
residents of a training centre who—
(i) are under the guardianship, or in the custody, of the Minister under
the
Children's
Protection Act 1993
; or
(ii) are Aboriginal or Torres Strait Islander youths; or
(iii) have a physical, psychological or intellectual disability;
and
(c) may receive and consider information, reports and materials relevant
to exercising the Visitor's statutory functions.
(3) The Visitor has the powers necessary or expedient for, or incidental
to, the exercise of the Visitor's functions.
15—Use
and obtaining of information
(1) A government or non-government organisation that is involved in the
provision of services under this Act or the Young Offenders Act must, at the
Training Centre Visitor's request, provide the Visitor with information relevant
to the exercise of the Visitor's functions.
(2) If the Visitor
has reason to believe that a person is capable of providing information or
producing a document that may be relevant to the exercise of the Visitor's
functions, the Visitor may, by notice in writing provided to the person, require
the person to do 1 or more of the following:
(a) to provide that information to the Visitor in writing signed by that
person or, in the case of a body corporate, by an officer of the body
corporate;
(b) to produce that document to the Visitor;
(c) to attend before a person specified in the notice and answer relevant
questions or produce relevant documents.
(3) A notice under
subsection (2)
is to specify the period within which, or the time, day and place at
which, the person is required to provide the information or document, or to
attend.
(4) A notice under
subsection (2)
must provide a period of time for compliance with a requirement under that
subsection that has been determined by the Visitor to be reasonable in the
circumstances.
(5) A person must comply with a requirement under
subsection (2)
.
Maximum penalty: $5 000.
(6) If a document is produced in accordance with a requirement under this
section, the Visitor may take possession of, make copies of, or take extracts
from, the document.
16—Visits
to and inspection of training centres
(1) On a visit to a training centre under this Part, the Training Centre
Visitor may—
(a) so far as practicable, inspect all parts of the centre used for or
relevant to the custody of youths; and
(b) so far as practicable, make any necessary inquiries about the care,
treatment and control of each resident of the centre; and
(c) take any other action required to exercise the Visitor's
functions.
(2) Subject to
subsection (3)
, a visit to a training centre may be made by the Visitor, on the Visitor's
own initiative or at the request of a resident of the centre, at any reasonable
time of the day, and be of such length, as the Visitor thinks
appropriate.
(a) give the manager of
a training centre reasonable notice of an impending visit; and
(b) take steps to ensure that the safe administration of the centre is not
compromised by the visit; and
(c) obey the reasonable directions of the manager in relation to any
genuine security concerns the manager may have in connection with the safe
management of the centre.
(4) Despite
subsection (3)(a)
, if the Visitor intends to conduct a visit to a training centre for
reasons that he or she considers to be exceptional, he or she is not required to
give notice of the impending visit to the manager of the centre.
(5) If a manager of a
training centre refuses at any time to allow the Visitor to visit the centre,
the manager must, as soon as reasonably practicable, provide the Visitor with
written advice as to why entry to the centre was refused.
17—Requests
to contact Training Centre Visitor
(1) A resident of a training centre, a guardian, relative or carer of a
resident of a training centre or any person who is providing support to such a
resident may make a request to contact the Training Centre Visitor.
(2) If such a request is made to the Chief Executive, the Chief Executive
must advise the Training Centre Visitor of the request within 2 days after
receipt of the request.
18—Reporting
obligations of Training Centre Visitor
(1) The Training
Centre Visitor must, on or before 30 September in every year, forward a
report to the Minister on the work of the Visitor during the financial year
ending on the preceding 30 June.
(2) The Minister must, within 6 sitting days after receiving a report
under
subsection (1)
, have copies of the report laid before both Houses of
Parliament.
(3) The Visitor may, at any time, prepare a special report to the Minister
on any matter arising out of the performance of the Visitor's
functions.
(4) The Minister
must, within 2 weeks after receiving a special report, have copies of the
report laid before both Houses of Parliament.
(1) The Training Centre Visitor may, at any time, prepare a report to the
Minister on any matter arising out of the exercise of the Visitor's functions
under this Act.
(a) if Parliament is sitting—have copies of a report received under
this section laid before both Houses of Parliament within 6 sitting days;
or
(b) if Parliament
is not sitting—deliver copies of the report to the President of the
Legislative Council and the Speaker of the House of Assembly so that they
may—
(i) immediately
cause the report to be published; and
(ii) lay the report before their respective Houses at the earliest
opportunity.
(3) A report will, when published under
subsection (2)(b)(i)
, be taken for the purposes of any other Act or law to be a report of the
Parliament published under the authority of the Legislative Council and the
House of Assembly.
20—Confidentiality
of information
Information about individual cases disclosed to the Training Centre Visitor
or a member of the Visitor's staff is to be kept confidential and is not liable
to disclosure under the
Freedom
of Information Act 1991
.
Division 1—Establishment
of training centres, facilities and programs
21—Training
centres, facilities and programs
(1) The Minister may establish such training centres and other facilities
and programs as the Minister thinks necessary or desirable for the care,
rehabilitation, detention, training or treatment of youths.
(2) A training centre (whether established under this section or the
Family
and Community Services Act 1972
) will be under the control of the Minister.
(3) The Chief Executive must ensure that adequate arrangements are in
place in a training centre—
(a) to maintain the physical, psychological and emotional well-being of
the residents of the centre; and
(b) to promote the social, cultural, educational and vocational
development of the residents of the centre; and
(c) to maintain discipline and order among the residents of the centre;
and
(d) to ensure, through the implementation of operational procedures, the
proper security, control and management of the centre; and
(e) for the keeping of proper records relating to the operation and
management of the centre; and
(f) for the good management of the centre.
Division 2—Charter
of Rights for Youths Detained in Training Centres
22—Charter
of Rights for Youths Detained in Training Centres
(1) There will be a Charter of Rights for Youths Detained in Training
Centres.
(2) The Charter has effect if it is approved by the Minister.
(3) A person exercising functions or powers under a relevant law must, in
any dealings with, or in relation to, a youth who is in detention, have regard
to, and seek to implement to the fullest extent possible, the terms of the
Charter.
(4) The Charter must be made available on a website maintained by the
Department to which the public has access free of charge.
(5) In this section—
relevant law means—
(a) this Act; or
(b) any law relating to the detention of a youth in a training
centre.
Division 3—Procedures
on admission
23—Initial
assessment on admission
(1) The Chief
Executive must, as soon as practicable after the initial admission of a youth to
a training centre, ensure that—
(a) the youth is given a copy of—
(i) the rules of the centre that apply to residents of the centre;
and
(ii) the Charter of Rights for Youths Detained in Training Centres;
and
(b) the youth—
(i) is given a written and verbal explanation of the rules of the centre
in a language that the youth is able to understand; and
(ii) is made aware of the consequences that may follow from any breach of
or non-compliance with the rules; and
(c) subject to
subsection (2)
—a guardian, relative or carer of the youth is notified that the
youth has been admitted to the centre.
(2) The following
provisions apply for the purposes of
subsection (1)(c)
:
(a) the person to be notified must be—
(i) a guardian, relative or carer of the youth nominated by the youth for
the purpose; or
(ii) if that is not practicable or appropriate—a guardian, relative
or carer of the youth who appears to have or be assuming responsibility for the
care of the youth; or
(iii) if that is not practicable or appropriate—any other guardian,
relative or carer of the youth whom it is practicable and appropriate to
notify;
(b) the Chief Executive is not required to notify a person whose
whereabouts are not known to or readily ascertainable by the Chief
Executive;
(c) it is not appropriate for the Chief Executive to notify a particular
person if the Chief Executive has reason to believe that it would be contrary to
the youth's best interests to do so.
(3) The Chief
Executive must, as soon as practicable after the initial admission to a training
centre of a youth, cause the youth to be screened for the purposes of assessing
the youth's particular needs and circumstances.
(4) The Chief
Executive must, as soon as practicable after the youth has been screened under
subsection (3)
, cause the youth to be assessed at least once in each prescribed period
while resident in the centre.
(5) In carrying out
an assessment under
subsection (4)
, the Chief Executive must—
(a) endeavour to ensure that the youth and a guardian, relative or carer
of the youth participate in the assessment; and
(i) the age, gender, gender identity, sexuality or sexual identity of the
youth; and
(ii) the cultural
identity, developmental and cognitive capacity, ability or disability, and any
special needs, of the youth; and
(iii) the social, medical, psychological and educational background and
history of the youth; and
(iv) the needs of the youth in respect of—
(A) education or training; and
(B) medical, psychological or psychiatric treatment; and
(v) the aptitude or suitability of the youth for any particular form of
education, vocational training or work; and
(vi) the nature of the offence, or offences, in respect of which the youth
is detained and the length of sentence; and
(vii) the behaviour of the youth while in the training centre;
and
(viii) the question of maintaining the youth's family and community
connections; and
(ix) any responsibilities the youth has as a carer; and
(x) where relevant, any proposed plans in respect of the release of the
youth and his or her social rehabilitation; and
(xi) any representations made by the youth and any other relevant person
(including a guardian, relative or carer of the youth); and
(xii) such other matters as the Chief Executive thinks relevant.
(6) After the first assessment of a resident of a training centre has been
completed, the Chief Executive must prepare a case plan for the youth that
contains particulars of any proposals for the education or training, medical,
psychological or psychiatric treatment, and rehabilitation, of the youth, and
may, after any subsequent assessment, add to or vary that plan.
(7) In
subsection (4)
—
prescribed period means—
(a) the period prescribed by the regulations for the purposes of this
definition; or
(b) if no period is prescribed—a period not exceeding 3
months.
Division 4—Custody
of residents of training centres
24—Minister
has custody of youths in detention
The Minister has the custody of a resident of a training centre, whether
the resident is within, or outside, the precincts of a training centre in which
he or she is being detained, or is to be detained.
25—Chief
Executive responsible under Minister for management of training
centres
Subject to this Act, the Chief Executive has an absolute
discretion—
(a) to place any particular youth or youth of a particular class in such
part of a training centre as the Chief Executive thinks fit; and
(b) to establish in respect of a particular youth, or youth of a
particular class, or in respect of youths placed in any particular part of a
training centre, such a regime for education, training, work, recreation,
contact with other youths or any other aspect of the day-to-day life of youths
in detention; and
(c) to vary any such regime,
as from time to time seems expedient to the Chief Executive.
Division 5—Management
of residents of training centres
26—Chief
Executive may make rules relating to management of training
centre
(1) Subject to this
Act, the Chief Executive may make rules—
(a) relating to the management of a training centre; and
(b) regulating the conduct of residents of a training centre.
(2) The Chief Executive may vary or revoke any rules made under
subsection (1)
.
(3) The
Subordinate
Legislation Act 1978
does not apply to rules made under this section.
(4) The Chief Executive must cause rules made under this section to be
published for the benefit of residents of a training centre in such manner as
the Chief Executive thinks fit and, in giving effect to this section, must
ensure, as far as is reasonably practicable, that the rules are made known to
any resident who is illiterate or whose principal language is not the English
language.
(1) The Chief Executive must arrange for such courses of instruction or
training as the Chief Executive thinks fit to be made available to residents of
training centres.
(2) In particular, the Chief Executive must, as much as reasonably
practicable, encourage a resident of a training centre who is a child of
compulsory school age or a child of compulsory education age to continue or
otherwise further his or her school education or vocational or other training
(as the case requires).
(1) A resident of a
training centre may only be detained in a safe room if an employee of the centre
believes on reasonable grounds that—
(a) the resident is about to harm himself or herself or another person;
or
(b) the resident is about to cause significant damage to property;
or
(c) it is necessary to detain the resident in a safe room—
(i) to maintain order in the centre; or
(ii) to preserve the security of the centre.
(2) Despite
subsection (1)
, a resident of a training centre who is under the age of 12 years
must not be detained in a safe room.
(3) If a resident is detained in a safe room, the manager of the training
centre must be informed of the detention, and the reasons for the detention, as
soon as reasonably practicable.
(4) A resident of a training centre may only be detained in a safe room
for so long as is necessary in the circumstances but, in any
event—
(a) if the resident is aged between 12
and 14 years—for no longer than 24 hours; and
(b) if the resident is aged 15 years or over—for no longer
than 48 hours.
(5) The following provisions apply in relation to a resident of a training
centre who is being detained in a safe room:
(a) the resident must be closely supervised;
(b) the resident must be observed at intervals of not longer than
5 minutes;
(c) the observations must be recorded in writing and kept together with
the record required to be made under
subsection (6)
.
(6) If a resident
of a training centre is detained in a safe room, the manager of the centre must
ensure that—
(a) a record is made containing the following details:
(i) the name and age of the resident;
(ii) the date and time the detention began;
(iii) the date and time the detention ended;
(iv) the reason for the detention;
(v) the name of the employee of the centre who ordered the
detention;
(vi) action taken (if any) in respect of the resident before the resident
was so detained;
(vii) the management plan established for the resident for the period
during which the resident was detained in the safe room;
(viii) any issues or concerns relating to the resident's medical or
psychological condition; and
(b) the resident is examined as soon as practicable by an appropriate
health professional for the purpose of assessing the resident's health or mental
health condition and needs; and
(c) if the resident belongs to a cultural or linguistic minority—a
cultural advisor is informed of the detention; and
(d) an action plan is prepared to manage the resident in the period
immediately following the resident's release from the safe room.
(7) An account of
an incident leading to the detention of a resident in a safe room must
be—
(a) written, signed and dated by the resident; or
(b) if the resident
cannot write—
(i) written on the instructions of the resident, and signed and dated, by
a person nominated for the purpose by the resident; and
(ii) signed by the resident,
(and such account must be kept together with the record required to be made
under
subsection (6)
).
(8) If the resident refuses to cooperate in the preparation of the
account, a written record of the refusal must be must be made and kept together
with the record required to be made under
subsection (6)
.
(9) A resident may nominate any of the following persons for the purposes
of
subsection (7)(b)
:
(a) the resident's case manager or case worker;
(b) a lawyer;
(c) the Guardian for Children and Young Persons;
(d) the Training Centre Visitor;
(e) a cultural advisor;
(f) a parent, guardian or carer of the resident,
(but any such person nominated may not be an employee of the training
centre nor have been present during the relevant incident that led to the
resident being detained in the safe room).
29—Prohibited
treatment of residents
Subject to this Act, a resident of a training centre must not be subjected
to any of the following kinds of treatment:
(a) corporal punishment of any form (that is, any action that inflicts or
is intended to inflict physical pain or discomfort);
(b) isolation or segregation (other than in a safe room or in prescribed
circumstances) from other residents;
(c) psychological pressure or emotional abuse of any form intended to
intimidate or humiliate;
(d) deprivation of medical attention, basic food or drink, clothing or any
other essential item;
(e) deprivation of sleep;
(f) restriction of free movement by means of mechanical restraints (other
than in prescribed circumstances);
(g) unjustified deprivation of contact with persons outside the
centre;
(h) any other treatment that is cruel, inhuman or degrading.
(1) The manager of a training centre may cause a resident of the centre or
a resident's belongings to be searched in any of the following
situations:
(a) when the resident is received into the centre or returns after an
absence from the centre;
(b) if the resident has had a full contact visit with a visitor to the
centre;
(c) if the manager has reasonable cause to suspect that the resident has
in his or her possession in the centre any substance or item—
(i) that is prohibited in the centre; or
(ii) that may jeopardise the security of the centre.
(2) The following
provisions apply to the search of a resident of a training centre:
(a) the resident
may not be required to be completely naked at any time during the
search;
(b) those present at
any time during the search when the resident is semi-naked (except a medical
practitioner) must be of the same sex or gender identity as the
resident;
(c) at least
2 persons (apart from the resident) must be present at all times during the
search when the resident is semi-naked (with 1 of them conducting the
search while the other observes);
(d) if a medical practitioner is required for the purposes of the
search—the medical practitioner must be in addition to the 2 persons
required under
paragraph (c)
;
(e) for the purposes of the search—the resident may be
required—
(i) to open his or her mouth; and
(ii) to remove the clothing from his or her upper body or lower body (but
not both at the same time); and
(iii) to adopt particular postures; and
(iv) to do anything else reasonably necessary for the purposes of the
search,
and if the resident does not comply with such a requirement, reasonable
force may be applied to secure compliance;
(f) force must not be applied to open the resident's mouth except by or
under the supervision of a medical practitioner;
(g) nothing may be introduced into an orifice of the resident's body for
the purposes of the search except by a medical practitioner;
(h) the search must be carried out expeditiously and undue humiliation of
the resident must be avoided.
(3) If a resident of a training centre is searched while the resident is
semi-naked, the manager of the centre must ensure that a record is made
containing the following details:
(a) the name and age of the resident;
(b) the date and time of the search;
(c) the reason for the search;
(d) the name of the employee of the centre who conducted the
search.
(4) Despite
subsection (2)(b)
, if 2 persons (apart from a medical practitioner) of the same sex or
gender identity as a resident are not available at the time a search of the
resident is to be conducted, the search may be conducted by a person of the same
sex or gender identity as the resident in the presence of a person who is not of
the same sex or gender identity.
(5) However—
(a) the second person present when the search is conducted must observe
the person conducting the search without observing the semi-naked resident;
and
(b) due regard must be had to the particular needs and circumstances of
the resident.
(1) The Chief Executive
may require a resident of a training centre to undergo a drug test in any of the
following circumstances:
(a) on the initial admission of the youth to the centre;
(b) on the youth returning to the centre after being absent;
(c) if, for the purpose of ascertaining the incidence of unlawful drug use
in a training centre, the manager of the centre—
(i) proposes that all residents of the centre, or a part of the centre,
undergo a drug test; or
(ii) causes the random selection of residents from the whole, or a part,
of the centre to undergo a drug test and the resident falls within the
selection;
(d) in any other
circumstance that the Chief Executive thinks fit.
(2) The manager of a
training centre may require a resident of the centre to undergo a drug
test—
(a) if the manager reasonably suspects that the resident has unlawfully
used a drug; or
(b) in any other
circumstance that the Chief Executive thinks fit.
(3) If a resident of a training centre is required to undergo a drug test
in circumstances approved by the Chief Executive under
subsection (1)(d)
or
(2)(b)
, the person who required the resident to undergo the test must make a
written record of the reasons for the requirement.
(1) The Chief
Executive may authorise the use of a sniffer dog by a person who is authorised
to use such a dog under the
Police
Act 1998
or the
Correctional
Services Act 1982
at a training centre to assist in the maintenance of the good order or
security of the centre.
(2) Without
limiting
subsection (1)
, a sniffer dog may be used for any of the following purposes:
(a) to carry out a search at a training centre for any reason;
(b) to track a youth who has escaped from custody or who is otherwise
unlawfully at large;
(c) to patrol a training centre.
(3) In this section—
sniffer dog means—
(a) a drug detection dog within the meaning of the
Controlled
Substances Act 1984
; or
(b) a dog that is trained and handled by South Australia Police;
or
(c) a correctional services dog (within the meaning of the
Correctional
Services Act 1982
).
33—Use
of force against residents
(1) An employee of a training centre may only use such force against a
resident of the centre as is reasonably necessary in a particular
case—
(a) to prevent the resident from harming himself or herself or another
person; or
(b) to prevent the resident from causing significant damage to property;
or
(c) to maintain order in the centre; or
(d) to preserve the security of the centre.
(2) If force is
used against a resident of a training centre—
(a) each employee of the centre involved must ensure that a written report
is provided to the manager of the centre containing the following
particulars:
(i) the name of the resident;
(ii) the name of each employee involved in or who witnessed the use of
force;
(iii) the date, time and location in the centre where the use of force
took place;
(iv) the nature of the force used and the purpose for which, or
circumstances in which, the force was used; and
(b) the manager of the training centre must ensure that the resident is
examined as soon as practicable by an appropriate health professional for the
purpose of assessing the resident's health or mental health condition and
needs.
(3) An account of
an incident leading to the use of force against a resident must
be—
(a) written, signed and dated by the resident; or
(b) if the resident
cannot write—
(i) written on the instructions of the resident, and signed and dated, by
a person nominated for the purpose by the resident; and
(ii) signed by the resident,
(and such account must be kept together with the report required to be made
under
subsection (2)
).
(4) A resident may nominate any of the following persons for the purposes
of
subsection (3)(b)
:
(a) the resident's case manager or case worker;
(b) a lawyer;
(c) the Guardian for Children and Young Persons;
(d) a Training Centre Visitor;
(e) a cultural advisor;
(f) a parent, guardian or carer of the resident;
(g) any other person approved by the manager of the training
centre,
(but any such person nominated may not be an employee of the training
centre nor have been present during the relevant incident that led to the use of
force against the resident).
Division 6—Leave
of absence under authority of Chief Executive
34—Leave
of absence under authority of Chief Executive
(1) The Chief Executive
may, by written order, grant a youth detained in a training centre leave of
absence from the centre—
(a) for the medical or
psychiatric examination, assessment or treatment of the youth; or
(b) for the attendance of the youth at an educational or training course,
a personal development program or a work program, project or camp; or
(c) for such compassionate purpose as the Chief Executive thinks fit;
or
(d) for any purpose related to a criminal investigation; or
(e) for the purpose of enabling the youth to perform community
service.
does not apply if, in an emergency, it is necessary that a youth is
removed from a training centre for a medical or psychiatric examination,
assessment or treatment and the Chief Executive is advised as soon as
practicable of the youth's absence from the training centre and the reason for
the absence.
(3) In determining whether to grant a youth leave of absence under this
section, the Chief Executive must have regard to the following:
(a) the goals of the youth in respect of rehabilitation;
(b) the cultural needs and circumstances of the youth;
(c) the safety of the community;
(d) whether the youth has a history absconding or breaching
orders;
(e) whether the youth is likely to interfere with a witness;
(f) the need that any victim of an offence committed, or alleged to have
been committed, by the youth may have, or perceive, for physical protection from
the youth.
(4) Leave of absence
under this section may be subject to 1 or more of the following
conditions:
(a) a condition that the youth will be in the custody of and supervised by
1 or more officers or employees of the Department authorised by the Chief
Executive for the purpose;
(b) a condition
that the youth be monitored by use of an electronic device;
(c) any other condition as the Chief Executive thinks fit.
(5) A leave of absence under this section that allows a youth to leave the
State may only be granted with the Minister's consent.
(6) The Chief Executive may, by written order, revoke a leave of absence
granted under this section, or vary or revoke any of the conditions to which it
is subject.
(7) A youth who is at large after the revocation or expiry of leave of
absence may be apprehended without warrant by a police officer or an officer or
employee of the Department authorised by the Chief Executive for the
purpose.
(8) A youth who is still at large after the expiry of leave of absence
will be taken to be unlawfully at large.
(9) A youth is not, while still at large after revocation of leave of
absence, serving his or her sentence of detention.
Division 7—Transfer
of youths under detention from 1 jurisdiction to another
In this Division—
appropriate authority of another State means a person who is
vested with authority under a corresponding law—
(a) to authorise or arrange for the transfer of a young offender to this
State; or
(b) to authorise or arrange for the transfer of a young offender from this
State to that State;
correctional order means an order under a law of this State
or any other State for dealing with youths who commit offences, being an
order—
(a) for the detention (other than remand) of such a youth; or
(b) requiring such a youth to perform community service; or
(c) providing for the conditional release of such a youth; or
(d) placing such a youth on probation or parole or under any form of
supervision;
correctional system, in relation to a State, means the system
of law, judicial and administrative authorities, correctional and other
institutions under which youths who commit offences are dealt with in that
State;
corresponding law means a law of another State declared by
regulation to be a law corresponding to this Division;
escort means a person in whose custody a young offender is
placed for the purpose of bringing the young offender into the State, or taking
the young offender out of the State, pursuant to arrangements made under this
Division;
State includes the Australian Capital Territory and the
Northern Territory;
young offender means a person—
(a) who has been found guilty of an offence committed while under the age
of 18 years; and
(b) who is subject to a correctional order.
36—Transfer
of young offenders to other States
(1) The Minister may make arrangements with the appropriate authority of
another State for the transfer of a young offender to that other
State.
(2) Before entering into arrangements under this section, the Minister
must be satisfied—
(a) that any rights of appeal against the relevant correctional order have
been exhausted or have expired; and
(b) that the young offender will be dealt with in the correctional system
of the other State in substantially the same way as if he or she had remained in
the correctional system of this State; and
(c) that the transfer is in the best interests of the young offender;
and
(d) that—
(i) the young offender consents to the transfer; or
(ii) there are special reasons justifying the transfer although the young
offender does not consent.
(3) Before entering into arrangements under this section, the Minister
must allow the guardians of the youth a reasonable opportunity to make
representations on the question whether the transfer is in the best interests of
the young offender.
(4) Before consenting to a transfer, a young offender must be allowed a
reasonable opportunity to obtain independent legal advice on the question of
whether the transfer is in his or her best interests.
(5) An arrangement under this section will not be carried into effect
unless it has been ratified by the Youth Court.
(6) If a young offender is transferred to another State pursuant to an
arrangement under this section, the Minister will transmit to the appropriate
authority of that other State—
(a) a copy of the relevant correctional order; and
(b) a statement of—
(i) any period of detention served by the young offender pursuant to the
order; and
(ii) any community service performed by the young offender pursuant to the
order; and
(iii) any period for which the young offender has been subject to
conditional release; and
(iv) any period for which the young offender has been on probation or
parole or under supervision; and
(v) any remissions of sentence to which the young offender has become
entitled; and
(c) a report on the young offender.
(7) If the Minister arranges for the transfer to another State of a young
offender who is in detention, the Minister will arrange for the young offender
to be taken to the other State in the custody of a suitable escort and delivered
into detention in that other State.
(8) If a young offender goes or is transferred to another State and is
accepted into the correctional system of that other State pursuant to
arrangements under this section, the relevant correctional order ceases to
operate in this State.
37—Transfer
of young offenders to this State
(1) The Minister may make arrangements with the appropriate authority of
another State for the transfer of a young offender from that other State to this
State.
(2) Before entering into arrangements under this section, the Minister
must be satisfied—
(a) that the young offender is over the age of 10 years;
and
(b) that there is in force in this State a law that substantially
corresponds to the law against which the young offender offended; and
(c) that the young offender is not liable to detention for an
indeterminate period; and
(d) that the young offender will be dealt with in the correctional system
of this State in substantially the same way as if he or she had remained in the
correctional system of the other State.
(3) Before entering into arrangements under this section, the Minister
must allow the guardians of the youth a reasonable opportunity to make
representations on the question whether the transfer is in the best interests of
the young offender.
(4) If a young offender is transferred to this State pursuant to
arrangements under this section—
(a) a copy of the correctional order must be filed in the Youth Court;
and
(b) the young offender will be dealt with under the law of this State as
if—
(i) the correctional order had been made under the law of this State;
and
(ii) any period of detention, community service, conditional release,
probation, parole or supervision served by the young offender pursuant to the
order had been served in this State; and
(iii) any entitlement to remission of sentence that had accrued prior to
the transfer had accrued under the law of this State.
38—Adaptation
of correctional orders to different correctional systems
(1) An arrangement made under this Division for the transfer of a young
offender may provide that the correctional order will operate with such
modifications as are necessary to ensure its effective operation in the
correctional system of the State to which the young offender is to be
transferred.
(2) Any such modifications relating to a correctional order made under the
law of another State must be endorsed on the order on its filing under this Act
and the Young Offenders Act.
(1) An escort in whose custody a young offender has been placed for the
purpose of bringing the young offender into, or taking the young offender out
of, the State has, while in the State, lawful custody of the young
offender.
(2) If a young offender escapes from the custody of an escort, the young
offender may be arrested without warrant for the purpose of being returned to
lawful custody.
Division 8—Release
from detention
40—Release
of youth from detention
(1) Subject to this Act and the Young Offenders Act, a youth will be
released from the training centre in which the youth is being detained on the
day on which the youth's sentence of detention expires, unless released earlier
under Part 5 of the Young Offenders Act or any other Act or law.
(2) A youth must be released from the training centre in which the youth
is being detained as near as practicable to 10 am on the day of the
youth's release.
(3) If a youth is released from detention on home detention or conditional
release, or on the expiration or extinguishment of his or her sentence of
detention, the Chief Executive must, as soon as reasonably practicable, hand
over to the youth any personal property held on his or her behalf.
41—Manner
in which former resident's personal property is to be dealt
with
(1) If a former
resident of a training centre has left any personal property in a training
centre in which he or she was at some time detained, the Chief Executive must
give a written notice to the former resident, sent by post to his or her last
known address, setting out particulars of the personal property and of the place
at which it may be collected.
(2) If the former resident fails to collect the personal property within
1 month of being given a notice under
subsection (1)
, the Chief Executive must deal with the property in the following
manner:
(a) if the property consists solely of items that would, in the opinion of
the Chief Executive, be of negligible monetary value and of no sentimental value
to the former resident, the Chief Executive may dispose of the property in such
manner as the Chief Executive thinks fit; or
(b) in any other case—
(i) if the whereabouts of the former resident are known to the Chief
Executive, the Chief Executive must cause the property to be delivered to the
former resident except where it is not practicable to do so, in which case the
Chief Executive may dispose of the property in such manner as the Chief
Executive thinks fit;
(ii) if the whereabouts of the former resident are, after reasonable
inquiries, unknown to the Chief Executive, the Chief Executive may dispose of
the property in such manner as the Chief Executive thinks fit.
(3) Money received from the sale of any personal property under this
section will be paid into the Consolidated Account.
42—Certain
prohibited items not to be returned to former residents
Nothing in this Division requires the delivery or return to a person of any
item of personal property the possession of which by that person is prohibited
by law.
Part 5—Community
programs and community service
(1) The Minister may establish such programs as the Minister thinks
necessary or desirable for the care, rehabilitation, training or treatment of a
youth who is required to be under supervision in the community.
(2) The Chief Executive
must ensure that adequate arrangements are in place in any such program to
ensure—
(a) that the youth is supervised by a community youth justice officer;
and
(b) through the implementation of assessment and case planning, that the
program is suitable for the particular youth.
(3) In carrying out an assessment of a particular youth, the Chief
Executive must—
(a) endeavour to ascertain the views of the youth in relation to any
proposed program; and
(b) in the case of an assessment of a youth who is under the guardianship
of the Minister, or of whom the Minister has custody, under the
Children's
Protection Act 1993
—ensure that the Department (within the meaning of that Act) is
consulted in relation to the assessment; and
(c) have regard to—
(i) the age, gender, gender identity, sexuality or sexual identity of the
youth; and
(ii) the cultural identity, developmental and cognitive capacity, ability
or disability, and any special needs, of the youth; and
(iii) the social, medical, psychological and educational background and
history of the youth; and
(iv) the needs of the youth in respect of—
(A) education or training; and
(B) medical, psychological or psychiatric treatment; and
(v) the aptitude or suitability of the youth for any particular form of
education, vocational training or work; and
(vi) the nature of the offence, or offences, in respect of which the youth
has been sentenced and the length of sentence; and
(vii) the behaviour of the youth while under supervision; and
(viii) any representations made by the youth, the community youth justice
officer supervising the youth, and any other relevant person (including a
guardian, relative or carer of the youth); and
(ix) such other matters as the Chief Executive thinks relevant.
(4) The Chief Executive must, before commencing an assessment, notify the
youth and, if practicable in the circumstances, a guardian, relative or carer of
the youth.
(5) The youth and a guardian, relative or carer of the youth may make
written representations to the Chief Executive in respect of the youth's
assessment.
(6) After an assessment of a youth has been completed under this section,
the Chief Executive must prepare a case plan for the youth that contains
particulars of any proposals for the education or training, medical,
psychological or psychiatric treatment, and rehabilitation, of the youth, and
may, after any subsequent assessment, add to or vary that plan.
44—Restrictions
on performance of community service and other work orders
If a youth is required to perform community service or to carry out work
pursuant to an order or undertaking under this Act or the Young Offenders Act,
the following provisions apply:
(a) the youth cannot be required to attend at a place for the purpose of
performing community service or work at a time that would—
(i) interfere with the youth's paid employment or with a course of
training or instruction relating to, or likely to assist him or her in
obtaining, paid employment; or
(ii) cause unreasonable disruption of the youth's commitments in caring
for his or her dependants; or
(iii) cause the youth to offend against a rule of a religion that he or
she practises;
(b) the youth cannot be required to perform community service or
work—
(i) for less than 4 hours in a week; or
(ii) for more than 8 hours in any 1 day,
except in circumstances approved by the Minister;
(c) if on any day a period of community service or work is to
exceed 4 continuous hours, the next hour must be a meal break;
(d) the youth will not be paid for the performance of the community
service or work.
45—Insurance
cover for youths performing community service or other work
orders
A youth who is required to perform community service or other work pursuant
to an order or undertaking under this Act or the Young Offenders Act must be
insured against death or bodily injury arising out of, or occurring in the
course of, performance by the youth of that community service or work.
46—Community
service or other work orders may only involve certain kinds of
work
(1) The work selected for the performance of community service or other
work pursuant to an order or undertaking under this Act or the Young Offenders
Act must be for the benefit of—
(a) the victim of the offence; or
(b) persons who are disadvantaged through age, illness, incapacity or any
other adversity; or
(c) an organisation that does not seek to secure a pecuniary profit for
its members; or
(d) a Public Service administrative unit, an agency or instrumentality of
the Crown or a local government authority.
(2) The attendance by a youth at an educational or training course
approved by the Minister for the purposes of this section will be taken to be
the performance of community service.
47—Hindering
a person in execution of duty
A person who hinders the Chief Executive, a community youth justice
officer, a home detention officer or any other person in the execution,
performance or discharge of a power, function or duty under this Act is guilty
of an offence.
Maximum penalty: $2 500.
48—Impersonating
an employee of Department
A person who falsely represents himself or herself by word or conduct to be
an officer or employee of the Department and to be authorised by or pursuant to
this Act or any other Act to exercise certain powers is guilty of an
offence.
Maximum penalty: $2 500.
A person must not disclose information relating to a youth or resident of a
training centre, being information obtained (whether by the person or some other
person) in the administration or enforcement of this Act,
except—
(a) as required or authorised by this Act or any other Act or law;
or
(b) as reasonably required in connection with the administration or
enforcement of this Act or any other prescribed Act; or
(c) if, in the opinion of the Chief Executive, it is necessary to disclose
the information in order to avert a serious risk to public safety; or
(d) for the purposes of legal proceedings arising out of the
administration or enforcement of this Act; or
(e) to a government agency or instrumentality of this State, the
Commonwealth or another State or Territory of the Commonwealth for the purposes
of the proper performance of its functions; or
(f) with the consent of the youth or resident to whom the information
relates.
Maximum penalty: $10 000.
50—Disclosure
of health information
(a) Chief Executive of the administrative unit of the Public Service that
is responsible for assisting a Minister in the administration of the
Health
Care Act 2008
; and
(b) Chief Executive of the administrative unit of the Public Service that
is responsible for assisting a Minister in the administration of the
Mental
Health Act 2009
,
must disclose to the Chief Executive such personal information about a
youth detained in a training centre or released on home detention as is
reasonably required for the treatment, care or rehabilitation of the youth, or
the safe management of the youth in the centre or in the community (as the case
may be).
(2) Protocols or guidelines may be established for the purposes of this
section.
(3) In this section—
personal information means information or an opinion, whether
true or not, relating to a youth whose identity is apparent, or can reasonably
be ascertained, from the information or opinion.
51—Information
about youth may be given in certain circumstances
(1) If a youth is sentenced to detention or imprisonment for an offence,
an eligible person may apply in writing to the Chief Executive for the release
to him or her of any of the following information relating to the
youth:
(a) the name and address of the place in which the youth is for the time
being held in custody;
(b) details of any transfer of the youth from 1 place in which the
youth is being held in custody to another;
(c) details of the sentence or sentences that the youth is liable to
serve;
(d) the date on which and circumstances under which the youth was, is to
be, or is likely to be, released from custody for any reason;
(e) details of any escape from custody by the youth.
(2) The Chief Executive has an absolute discretion to grant or refuse an
application for release of information to an eligible person.
(3) A decision of the Chief Executive as to whether a person is an
eligible person or to grant or refuse an application under this section is final
and is not reviewable by a court.
(4) The Chief Executive must not release information relating to a youth's
conditional release from detention by the Training Centre Review Board without
the consent of the Board (but the Board may waive this requirement in such
circumstances as it thinks fit).
(5) For the purposes of this section, a person is an eligible
person in relation to a youth who is sentenced to detention or
imprisonment for an offence if he or she is—
(a) a registered victim in relation to the offence; or
(b) a member of the youth's family or a close associate of the youth;
or
(c) a legal practitioner who represents the youth; or
(d) any other person who the Chief Executive thinks has a proper interest
in the release of such information.
52—Information
about youth to be given when youth to be imprisoned
If a youth is transferred to a prison from a training centre, the Chief
Executive must provide the Department (within the meaning of the
Correctional
Services Act 1982
) with information held by the Chief Executive that is required by that
Department in order to ensure—
(a) the safety and security of the youth while he or she is detained in
the prison; or
(b) the safety and security of other persons at the prison; or
(c) that the rehabilitation needs of the youth will be met while he or she
is detained in the prison.
The Minister may, for the purposes of this Act, acquire land in accordance
with the
Land
Acquisition Act 1969
.
In any proceedings, an apparently genuine document purporting to be a
certificate signed by the Chief Executive (or a delegate of the Chief
Executive), and certifying that a dog used during a specified period for a
specified purpose under
section 32
within a specified area, or at a training centre, was a sniffer dog
constitutes proof, in the absence of proof to the contrary, of the matters so
certified.
(1) The Governor
may make such regulations as are contemplated by this Act, or as are necessary
or expedient for the purposes of this Act.
(2) Without limiting the generality of
subsection (1)
, regulations may be made—
(a) regulating the administration and management of training centres;
and
(b) prescribing the procedures to be observed in relation to the detention
of a youth prior to being dealt with by a court, or while a youth is being
conveyed to or from any court, or while a youth is in attendance at any court;
and
(c) regulating the conduct of residents, or of residents of a particular
class, of a training centre; and
(d) relating to visitors to training centres; and
(e) setting out rights of residents of training centres; and
(f) prohibiting, restricting or regulating the supply or administration to
residents of drugs (including prescription drugs under the
Controlled
Substances Act 1984
); and
(g) for the purposes of
section 31
, including regulations—
(i) prescribing procedures for drug testing; and
(ii) regulating the collection of biological samples from residents for
the purposes of drug testing; and
(iii) prescribing the directions that can be given to a resident for the
purpose of conducting an alcotest or collecting and authenticating a biological
sample; and
(h) prescribing the duties of employees of training centres; and
(i) regulating the times at which and procedure by which youths may be
admitted to training centres for detention; and
(j) regulating the administration of community service orders;
and
(k) prescribing directions that community youth justice officers may give
to persons under their supervision; and
(l) prescribing fines, not exceeding $1 250 in each case, for
breach of the regulations.
(3) The regulations may include evidentiary provisions to facilitate proof
of breaches of the regulations for the purposes of proceedings for offences
against this Act or the regulations.
(4) Regulations under this Act may—
(a) be of general application or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or the
Chief Executive; and
(d) include evidentiary provisions to facilitate proof of contraventions
of the regulations for the purposes of proceedings for offences.
Schedule 1—Related
amendments and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Children's Protection
Act 1993
2—Amendment
of section 52C—The Guardian's functions and powers
Section 52C(1)—after paragraph (f) insert:
(g) to carry out any other function relating to children and the welfare
of children assigned to the Guardian under this Act or the
Youth
Justice Administration Act 2015
.
Part 3—Amendment of Criminal Law
Consolidation Act 1935
3—Amendment
of section 269A—Interpretation
(1) Section 269A(1)—after the definition of supervision
order insert:
training centre means a training centre established for the
detention of youths;
(2) Section 269A(1)—after the definition of victim
insert:
youth has the same meaning as in the
Young
Offenders Act 1993
.
(3) Section 269A—after subsection (2) insert:
(3) In applying a provision of this Part to a youth who is being or has
been dealt with as a youth (and not as an adult)—
(a) a reference to custody in a prison is to be read as detention in a
training centre; and
(b) a reference to the Parole Board is to be read as a
reference to the Training Centre Review Board.
Part 4—Amendment of Criminal Law
(Sentencing) Act 1988
4—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of CEO—delete ", under a
Minister,"
(2) Section 3(1), definition of CEO—after "responsible
for" insert:
assisting a Minister in
(3) Section 3(1), definition of community corrections
officer—delete ", under a Minister,"
(4) Section 3(1), definition of community corrections
officer—after "responsible for" insert:
assisting a Minister in
(5) Section 3(1), definition of Minister for Family and Community
Services—delete the definition and substitute:
Minister for Youth Justice means the Minister responsible for
the administration of the
Youth
Justice Administration Act 2015
;
5—Amendment
of section 3A—Application of Act to youths
(1) Section 3A(3)(d)—delete ", under a Minister, responsible for the
administration of the
Family
and Community Services Act 1972
" and substitute:
responsible for assisting a Minister in the administration of the
Youth
Justice Administration Act 2015
(2) Section 3A(3)(e)—delete "person authorised (individually or by
class) by the Minister for Family and Community Services to exercise the powers
of a community corrections officer in relation to youths" and
substitute:
community youth justice officer under the
Youth
Justice Administration Act 2015
(3) Section 3A(3)—after paragraph (g) insert:
(h) a reference to the Minister for Correctional Services is to be read as
a reference to the Minister for Youth Justice.
6—Amendment
of section 23—Offenders incapable of controlling, or unwilling to control,
sexual instincts
(1) Section 23(8)(a)—delete "Minister for Family and Community
Services" and substitute:
Minister for Youth Justice
(2) Section 23(10)(a)—delete "Minister for Family and Community
Services" and substitute:
Minister for Youth Justice
7—Amendment
of section 79A—Rights on arrest
Section 79A(1a)(c)—delete "a person nominated by the Chief Executive
Officer within the meaning of the
Family
and Community Services Act 1972
" and substitute:
a person, or a person of a class, nominated by the Chief Executive within
the meaning of the
Youth
Justice Administration Act 2015
Part 5—Amendment of Family and Community
Services Act 1972
Section 7—delete the section
9—Amendment
of section 36—Establishment of facilities and programs for
children
(1) Section 36(1)(a)—delete paragraph (a)
(2) Section 36(2)—delete "training centre,"
(3) Section 36(3)—delete "training centre,"
10—Amendment
of section 77—Unlawful communication with children in certain
facilities
(1) Section 77(a)—delete "training centre,"
(2) Section 77(b)—delete "who is being detained in or"
11—Amendment
of section 236—Limitation on tortious liability for acts of certain
children
Section 236—delete ", or a person who is being detained in a training
centre or any other place pursuant to the
Young
Offenders Act 1993
(whether or not the person is on the premises of the training centre or
other place at the time he or she committed the tort)"
12—Amendment
of section 251—Regulations
(1) Section 251(c)—delete "training centres,"
(2) Section 251(e1)—delete paragraph (e1)
Part 6—Amendment of Young Offenders
Act 1993
13—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of Chief
Executive insert:
community youth justice officer has the same meaning as in
the Youth Justice Administration Act;
(2) Section 4(1), definition of Department—delete the
definition and substitute:
Department means the administrative unit of the Public
Service that is responsible for assisting a Minister in the administration of
the
Youth
Justice Administration Act 2015
;
(3) Section 4(1), definition of training centre—delete
the definition and substitute:
training centre means a facility for the reception,
detention, correction and training of youths who offend against the criminal law
established under the
Family
and Community Services Act 1972
or the Youth Justice Administration Act;
(4) Section 4(1)—after the definition of youth
insert:
Youth Justice Administration Act means the
Youth
Justice Administration Act 2015
;
14—Amendment
of section 15—How youth is to be dealt with if not granted
bail
Section 15(1a)—delete subsection (1a) and substitute:
(1a) Subsection (1) does not apply in relation to—
(a) a youth who is already, or has previously been, in custody in a
prison; or
(b) a person who, at the time bail is not granted, is aged 21 years
or more (regardless of the alleged age of the person at the time of the relevant
alleged offence).
15—Amendment
of section 23—Limitation on power to impose custodial
sentence
(1) Section 23(2)(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) home detention for a period not exceeding 12 months, or for periods
not exceeding 12 months in aggregate over 2 years or less; or
(c) detention in a training centre for a period not exceeding 2 years to
be followed by home detention for a period not exceeding 12 months.
(2) Section 23(6)—delete "the sentence—" and
substitute:
the sentence, the following provisions apply:
(3) Section 23(6)(a)—delete "or"
(4) Section 23(6)(b)—delete "may" and substitute:
must, unless satisfied that there are exceptional circumstances for not
doing so,
(5) Section 23(6)—after paragraph (b) insert:
(c) where the sentence of detention will extend past the youth's 21st
birthday, the Court must, unless satisfied that there are exceptional
circumstances for not doing so, direct that any period of the detention that is
to be served by the youth after he or she reaches 21 years of age is to be
served in a prison rather than in a training centre.
16—Amendment
of section 26—Limitation on Court's power to require
bond
Section 26—after subsection (4) insert:
(5) If an order has
been made under this section imposing an obligation that a person be supervised
for a period that will extend past the person's 21st birthday, the Court may, on
application by the person or the Chief Executive, direct that, after the person
reaches 21 years of age, the person be supervised by a community corrections
officer rather than by a community youth justice officer.
(6) In
subsection (5)
—
community corrections officer means a community corrections
officer under the
Correctional
Services Act 1982
.
17—Amendment
of section 36—Detention of youth sentenced as adult
(1) Section 36(2)—delete subsection (2) and substitute:
(2) If a youth is serving a sentence of imprisonment in a training centre,
and the sentence of imprisonment will extend past the youth's 18th birthday, the
following must occur before the youth reaches 18 years of age:
(a) a report on the youth's progress in detention must be provided by the
Chief Executive to the sentencing court;
(b) the sentencing court must review the detention and, having regard to
the report and any other matter the court thinks fit, direct that the
imprisonment in a training centre continue or the youth be transferred to a
prison.
(2) Section 36(4)(b)(iv)—delete subparagraph (iv) and
substitute:
(iv) a reference to a community corrections officer will be taken to be a
reference to a community youth justice officer under the Youth Justice
Administration Act.
18—Amendment
of section 36A—Transfer following imposition of concurrent prison
sentence
Section 36A(1)—delete "the youth must, unless the sentencing court
directs otherwise, be transferred to, and will serve those sentences in, a
prison" and substitute:
the sentencing court must, unless satisfied that there are exceptional
circumstances as to why such a direction should not be made, direct that the
youth be transferred to a prison to serve those sentences
19—Amendment
of section 39—Reviews etc and proceedings of Training Centre Review
Board
(1) Section 39(6)—after "that birthday," insert:
, and at each periodical review thereafter,
(2) Section 39(6)—delete "on or after his or her birthday"
20—Amendment
of section 40A—Leave may be authorised by Board
Section 40A—after subsection (1) insert:
(1a) Leave granted to a youth under this section may be subject to a
condition that the youth be monitored by use of an electronic device.
21—Amendment
of heading to Part 5 Division 3 Subdivision 3
Heading to Part 5 Division 3 Subdivision 3—delete "from detention"
and substitute:
and home detention
22—Amendment
of section 41A—Conditional release from detention
(1) Section 41A(2)—delete "The provisions" and substitute:
Subject to subsection (3a), the provisions
(2) Section 41A(3)—delete "The provisions" and substitute:
Subject to subsection (3a), the provisions
(3) Section 41A—after subsection (3) insert:
(3a) The following subsections do not apply in relation to release by the
Board of a youth on home detention under section 41B:
(a) subsection (2)(a);
(b) subsection (2)(ab);
(c) subsection (3)(a);
(d) subsection (3)(ab).
23—Amendment
of section 41B—Release on condition of home detention
Section 41B(1)—after "The Training Centre Review Board may"
insert:
, on the application of the Chief Executive or on its own
initiative,
24—Repeal
of Part 5 Division 4
Part 5 Division 4—delete Division 4
25—Repeal
of sections 49A to 51
Sections 49A to 51 (inclusive)—delete the sections
Section 63—delete the section and substitute:
63—Transfer of youths in detention to other
training centre or prison
(1) If a youth has been detained in, or remanded to, a training centre
pursuant to an order of a court, the Chief Executive may, in such circumstances
as the Chief Executive thinks fit, direct that the youth be removed and placed
in some other training centre.
(2) If a person who
is of or above the age of 18 years is detained in, or remanded to, a
training centre or another place pursuant to an order of a court, the person or
the Chief Executive may apply to the Youth Court for an order that the person be
transferred to a prison for the remainder of the period of detention or
remand.
(3) The Youth Court may not make an order under
subsection (2)
unless satisfied that, in the circumstances, a prison would be an
appropriate place for the person to be held for the remainder of the period of
detention or remand.
(4) If a person who
is of or above the age of 16 years has been remanded to, or is being
detained in, a training centre or another place pursuant to an order of a court,
the Chief Executive may apply to the Youth Court for an order that the person be
transferred to a prison for the remainder of the period of remand or
detention.
(5) The Youth Court may not make an order under
subsection (4)
unless satisfied that—
(a) the person—
(i) cannot be properly controlled in that training centre or other place;
or
(ii) has, within the period of 14 days preceding the date of the
application, been found guilty of assaulting a person employed, or detained, in
that training centre or other place; or
(iii) has persistently incited others in the training centre or other
place to cause a disturbance; or
(iv) has escaped or attempted to escape from the training centre;
or
(b) the person's needs for rehabilitation, care, correction and guidance
cannot be met in that training centre or other place and it is in the best
interests of the person for him or her to be transferred to a prison.
(6) If the Youth Court is satisfied, on an application under
subsection (4)
, that the person is likely to be a danger to others, the Court may order
that the person be held in custody in a prison until the Court has determined
the application.
(7) The Youth Court may, on the application of the Chief Executive, the
person or a guardian of the person, revoke an order made under
subsection (4)
.
(8) If a person is held in custody in a prison by order under this
section, the
Correctional
Services Act 1982
applies to and in relation to that person.
(9) For the purposes of determining an application under this section, the
Youth Court must be constituted of the Judge of the Court or a
magistrate.
27—Amendment
of section 63B—Application of Correctional
Services Act 1982 to youth with non-parole period
Section 63B(b)—delete paragraph (b) and substitute:
(b) a reference to a community corrections officer will be taken to be a
reference to a community youth justice officer under the Youth Justice
Administration Act.
28—Amendment
of section 64—Information about youth may be given in certain
circumstances
Section 64(2) to (6)—delete subsections (2) to (6)
(inclusive)
Part 7—Amendment of Youth Court
Act 1993
29—Amendment
of section 24—Persons who may be present in Court
Section 24(1)—after paragraph (a) insert:
(ab) officers or employees of the administrative unit of the Public
Service that is responsible for assisting a Minister in the administration of
the
Youth
Justice Administration Act 2015
;