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TASMANIA
__________
YOUTH JUSTICE AMENDMENT BILL 2016
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 83 amended (Commencement of detention )
6. Section 85 amended (Court may order detention period to be
cumulative)
7. Section 86 amended (Limitation on cumulative orders)
8. Section 89 substituted
89. Period of custody on remand to be treated as
detention on sentence
89A. Detention order to specify earliest release date
9. Section 109 amended (Right to be released)
10. Sections 117 and 118 substituted
117. Contravention of supervised release order other than
by further offence punishable by detention or
imprisonment
11. Section 120 amended (Effect of cancellation of supervised
release order)
12. Section 121 amended (Effect of cancellation of supervised
release order after youth reaches 19 years)
13. Section 135 amended (Refusal of ordinary visitor, &c.)
14. Section 135A inserted
[Bill 16]-II
135A. Access to detainee by prescribed officer
15. Section 140 amended (Dealing with detention offence)
16. Section 141 amended (Court proceedings for detention offence)
17. Section 142 amended (Effect of change of earliest release date or
next release date)
18. Repeal of Act
2
YOUTH JUSTICE AMENDMENT BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
24 May 2016
(Brought in by the Minister for Human Services, the
Honourable Jacqueline Anne Petrusma)
A BILL FOR
An Act to amend the Youth Justice Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Youth Justice
Amendment Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Youth Justice Act 1997* is
referred to as the Principal Act.
*No. 81 of 1997
[Bill 16] 3
Youth Justice Amendment Act 2016
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting "(excluding any period of
detention during which the youth is
released under a supervised release
order)" from the definition of earliest
release date;
(b) by inserting the following definition after
the definition of legal representative:
next release date means the day
specified by the Court under
section 117(12) as the next
release date when making an
order cancelling a supervised
release order;
5. Section 83 amended (Commencement of detention )
Section 83(2) of the Principal Act is amended by
inserting "or next release date" after "date".
6. Section 85 amended (Court may order detention
period to be cumulative)
Section 85(1) of the Principal Act is amended by
inserting "or next release date" after "date".
4
Youth Justice Amendment Act 2016
Act No. of
s. 7
7. Section 86 amended (Limitation on cumulative
orders)
Section 86(2) of the Principal Act is amended by
inserting "or next release date" after "date".
8. Section 89 substituted
Section 89 of the Principal Act is repealed and
the following sections are substituted:
89. Period of custody on remand to be treated as
detention on sentence
(1) In this section, a reference to a period of
custody includes a reference to part of a
period of custody.
(2) In making a detention order in relation to
an offence or a group of offences (the
relevant detention order), the Court must
take into account any period during
which the youth was held in custody on
remand in relation to proceedings for, or
arising from, that offence or group of
offences unless that period has been
taken into account by the Court, or
another court, in relation to the making
of another detention order or the
imposition of a term of imprisonment
under the Sentencing Act 1997.
(3) If in making a relevant detention order
the Court takes into account a period of
custody referred to in subsection (2), the
Court must order that the period of
5
Youth Justice Amendment Act 2016
Act No. of
s. 9
detention under the relevant detention
order is to commence on a day earlier
than the day on which it is imposed,
being such day as the Court considers
appropriate in the circumstances.
89A. Detention order to specify earliest release
date
In making a detention order, the Court
must calculate, and specify in the
detention order, the earliest release date.
9. Section 109 amended (Right to be released)
Section 109 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "date."
and substituting "date or, if under
section 117 a supervised release order in
relation to that detention has been
cancelled and the Court has specified a
next release date, on the next release
date.";
(b) by omitting from subsection (2) "dates."
and substituting "dates and relevant next
release dates.".
10. Sections 117 and 118 substituted
Sections 117 and 118 of the Principal Act are
repealed and the following section is substituted:
6
Youth Justice Amendment Act 2016
Act No. of
s. 10
117. Contravention of supervised release order
other than by further offence punishable by
detention or imprisonment
(1) In this section -
detention offence means an offence in
respect of which a court has
imposed a sentence that includes
a detention order or sentence of
imprisonment;
relevant contravention, in relation to a
supervised release order, means a
contravention by the youth of a
condition to which the supervised
release order is subject, otherwise
than by the commission of a
detention offence.
(2) If it appears to the Secretary that a youth
has committed a relevant contravention
of a supervised release order, the
Secretary -
(a) if the relevant contravention does
not consist of the commission of
an offence or a prescribed
offence, may warn the youth, in
writing, that a further
contravention of the supervised
release order may result in the
Secretary applying to the Court
for an order under subsection (9);
or
7
Youth Justice Amendment Act 2016
Act No. of
s. 10
(b) if the relevant contravention does
consist of the commission of an
offence or a prescribed offence,
may issue such a warning to the
youth or apply to the Court for an
order under subsection (9).
(3) If the Secretary issues a warning to a
youth under subsection (2), the Secretary
is to provide a copy of the warning to a
guardian of the youth unless one cannot
be found after reasonable inquiry.
(4) If it appears to the Secretary that a youth
has committed a further relevant
contravention of a supervised release
order after being issued with a warning
under subsection (2), the Secretary may
apply to the Court for an order under
subsection (9).
(5) A copy of the application to the Court
made under subsection (2)(b) or
subsection (4) and notice of the time and
place of the hearing of the application are
to be served not less than 7 days before
the hearing by the Secretary on -
(a) the youth; and
(b) a guardian of the youth unless
one cannot be found after
reasonable inquiry.
(6) If the Court is satisfied that the youth is
unlikely to appear at the hearing of the
application -
8
Youth Justice Amendment Act 2016
Act No. of
s. 10
(a) the Court may issue a warrant to
arrest the youth; and
(b) if the Court does so,
subsection (5)(a) does not apply
in relation to the application.
(7) If the youth is before the Court in
relation to another matter -
(a) an application under
subsection (2)(b) or
subsection (4) may be made
orally to the Court; and
(b) if the application is so made
orally, subsection (5) does not
apply.
(8) The Court may issue a warrant to arrest
the youth if -
(a) the youth fails to appear at the
hearing of an application made
under subsection (2)(b) or
subsection (4); or
(b) reasonable efforts have been
made to serve the application on
the youth but have been
unsuccessful.
(9) If the Court is satisfied that a youth has
committed a relevant contravention of
the supervised release order, the Court
may do one or more of the following:
9
Youth Justice Amendment Act 2016
Act No. of
s. 10
(a) on the undertaking of the youth to
comply with the order, continue
the order as it is;
(b) amend the special conditions to
which the order is subject;
(c) cancel the order.
(10) In determining what order to make under
subsection (9), the Court must consider -
(a) any report on the youth prepared
by the Secretary; and
(b) the extent to which, and the
manner in which, the youth has
complied with the supervised
release order.
(11) The Court must not make an order under
subsection (9) unless the youth is present
before the Court.
(12) If under subsection (9) the Court cancels
a supervised release order relating to a
youth, the Court must -
(a) specify, in the order, a day it
considers appropriate as the next
release date; or
(b) order that the youth be detained
for the remainder of his or her
sentence of detention.
10
Youth Justice Amendment Act 2016
Act No. of
s. 11
11. Section 120 amended (Effect of cancellation of
supervised release order)
Section 120 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"suspended or cancelled, the Secretary
must issue a warrant to arrest the youth
who is or was subject to the order" and
substituting "cancelled, the Court must
issue a warrant directing the Secretary, a
police officer or another person to take
into custody the youth who is or was
subject to the order";
(b) by omitting from subsection (1)(a)
"suspended or";
(c) by omitting from subsection (1)(b)
"suspended or";
(d) by omitting from subsection (2) "while it
is suspended or";
(e) by omitting subsection (5).
12. Section 121 amended (Effect of cancellation of
supervised release order after youth reaches 19
years)
Section 121 of the Principal Act is amended by
omitting "suspended or".
11
Youth Justice Amendment Act 2016
Act No. of
s. 13
13. Section 135 amended (Refusal of ordinary visitor,
&c.)
Section 135 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) In this section -
visitor does not include a prescribed
officer within the meaning of
section 135A.
(1A) A detention centre manager may refuse
to allow a visitor to enter the detention
centre if -
(a) in the manager's opinion, the
person's presence in the detention
centre would prejudice the
security or good order of the
detention centre; or
(b) the person does not, on request,
give his or her name, address or
proof of identity; or
(c) the person refuses to comply with
a request made under
subsection (3).
14. Section 135A inserted
After section 135 of the Principal Act, the
following section is inserted:
12
Youth Justice Amendment Act 2016
Act No. of
s. 14
135A. Access to detainee by prescribed officer
(1) In this section -
prescribed officer means a person, or a
person of a class of persons,
prescribed by the regulations to
be a prescribed officer for the
purposes of this section.
(2) Except as provided by this section, a
prescribed officer is entitled to be
allowed access, at any reasonable time,
to -
(a) any detention centre for the
purpose of performing and
exercising his or her functions
and powers under a prescribed
Act, in relation to the centre; and
(b) any detention centre and any
detainee at the centre for the
purpose of performing and
exercising his or her functions
and powers under a prescribed
Act, in relation to the detainee.
(3) A detention centre manager and each
member of the staff at a detention
centre -
(a) must allow a prescribed officer to
conduct an interview with a
detainee out of the hearing of any
other person; and
13
Youth Justice Amendment Act 2016
Act No. of
s. 14
(b) must not without the approval of
the detainee open, copy, remove
or read any correspondence -
(i) from the detainee to a
prescribed officer; or
(ii) from a prescribed officer
to the detainee.
(4) A detention centre manager, and a
member of staff at a detention centre,
must not read any document brought to
the centre by a prescribed officer without
the permission of the prescribed officer.
(5) A detention centre manager may -
(a) refuse to allow a prescribed
officer to enter the detention
centre, or require a prescribed
officer to leave the detention
centre immediately, if the
prescribed officer fails to produce
his or her identification and
evidence that he or she is a
prescribed officer when requested
to do so by the detention centre
manager; and
(b) direct a prescribed officer to
leave the detention centre
immediately if, in the manager's
opinion, it is necessary for the
security of the prescribed officer
or the detention centre.
14
Youth Justice Amendment Act 2016
Act No. of
s. 15
(6) If a detention centre manager considers it
necessary for the security of a prescribed
officer or the detention centre, the
manager or member of staff may give
directions to the prescribed officer.
(7) A prescribed officer is to comply with a
direction given under this section.
15. Section 140 amended (Dealing with detention
offence)
Section 140(3)(c) of the Principal Act is
amended by inserting "or next release date" after
"release date".
16. Section 141 amended (Court proceedings for
detention offence)
Section 141(2) of the Principal Act is amended
by inserting "or next release date" after "release
date".
17. Section 142 amended (Effect of change of earliest
release date or next release date)
Section 142 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "date,"
and substituting "date or next release
date,";
15
Youth Justice Amendment Act 2016
Act No. of
s. 18
(b) by inserting in subsection (1) "or next
release date" after "date, the earliest
release date";
(c) by omitting from subsection (2) "date,"
and substituting "date or next release
date,";
(d) by omitting from subsection (2) "date."
and substituting "date or new next
release date.".
18. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
16 Government Printer, Tasmania