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Queensland
JUVENILE JUSTICE
LEGISLATION
AMENDMENT BILL 1996
Queensland
JUVENILE JUSTICE LEGISLATION
AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF JUVENILE JUSTICE ACT 1992
3 Act amended by pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 4 (Principles of juvenile justice) . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 8 (Meaning of "serious offence") . . . . . . . . . . . . . . . . . . . 13
7 Insertion of new pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 1A--ADMINISTRATION
9A Explanation about Act's administration . . . . . . . . . . . . . . . . . . . . . . . 13
9B Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9C Appearances by chief executive and commission . . . . . . . . . . . . . . 14
8 Insertion of new pts 1B and 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 1B--INVESTIGATION PROVISIONS
Division 2--Fingerprints and palmprints
10 Application by police officer for permission to take child's
identifying particular . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10A Another person must be present when identifying
particular is taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10B Destruction of identifying particular taken under court order . . . . . . 18
10C Division does not limit other provisions . . . . . . . . . . . . . . . . . . . . . . . 19
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Juvenile Justice Legislation Amendment
PART 1C--CAUTIONS AND COMMUNITY CONFERENCES
Division 2--Community conferences
Subdivision 1--Establishment of process and generally applicable
provisions
18A Object of division and explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
18B Approval of community conference convenor . . . . . . . . . . . . . . . . . . 21
18C Who may refer an offence to a community conference . . . . . . . . . . 21
18D Who may participate in a community conference . . . . . . . . . . . . . . 22
18E Conduct of community conference . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18F Form of community conference agreement . . . . . . . . . . . . . . . . . . . . 23
18G If chief executive signs agreement for program . . . . . . . . . . . . . . . . 24
Subdivision 2--Reference by police officer before a proceeding starts
18H Reference of offence to community conference by police officer . . 24
18I If an agreement is made on a referral by a police officer . . . . . . . . 25
18J Powers of police officer if referral is unsuccessful or if
child contravenes agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Confidentiality of cautions, community conference
agreements and information from community conferences
18K Confidentiality of cautions and community conference
agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
18L Confidentiality of information about community
conference generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Use in evidence of cautions, community conference
agreements and information about community conferences
18M Admissibility of evidence of caution or community
conference agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
18N Disclosable caution and community conference
agreement--later childhood offence . . . . . . . . . . . . . . . . . . . . . . . . . 29
18O Disclosable caution and community conference
agreement--later adulthood offence . . . . . . . . . . . . . . . . . . . . . . . . . 29
18P Use of information from community conference in evidence . . . . . 30
9 Amendment of pt 2 heading (Cautions and start of proceedings) . . . . . . . . 31
10 Amendment of s 10 (Police officer to consider alternatives to
proceeding against child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
11 Omission of s 18 (Confidentiality of cautions--admissibility) . . . . . . . . . . 31
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Juvenile Justice Legislation Amendment
12 Amendment of s 19 (Childrens Court may dismiss charge if
caution should have been administered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
13 Amendment of s 20 (Arrest and ex officio indictment power preserved) . . 32
14 Amendment of s 22 (Parent and chief executive must be advised
of arrest of child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
15 Amendment of s 23 (Attendance notice may be issued for arrest
offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
16 Amendment of s 28 (Parent and chief executive must be advised
of service of attendance notice on child) . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
17 Amendment of s 32 (Service of complaint and summons if
offender a child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
18 Amendment of s 41 (Custody of child pending court appearance) . . . . . . . 34
19 Amendment of s 43 (Custody of child if not released by court) . . . . . . . . . 34
20 Amendment of s 48 (Application of part 4 of Mental Health Act 1974) . . 34
21 Amendment of s 56 (Presence of parent required generally) . . . . . . . . . . . . 35
22 Insertion of new s 56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
56A Court may order parent to attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
23 Replacement of s 60 (Chief executive's right of audience generally) . . . . 36
60 Chief executive's and commission's rights of audience
generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
24 Amendment of s 67 (Use of adduced evidence after change of
procedure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
25 Replacement of ss 68 and 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 1--Application
68 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 2--Procedure if the serious offence is a supreme court
offence
69 Meaning of "supreme court offence" . . . . . . . . . . . . . . . . . . . . . . . . . 37
69A Application of subdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
69B Committal proceeding only option . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
69C Child must be committed for trial or sentence before
Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 3--Procedure if the serious offence is not a supreme
court offence
69D Application of subdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
69E Committal proceeding only option . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
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Juvenile Justice Legislation Amendment
26 Insertion of new subdiv heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 4--Proceedings before Childrens Court Judge
27 Amendment of s 89 ( Application for review) . . . . . . . . . . . . . . . . . . . . . . . . 38
28 Amendment of s 94 (Interrelation with other types of appeal) . . . . . . . . . . 39
29 Amendment of s 98 (Correction of error by court making order) . . . . . . . . . 39
30 Amendment of s 101 (Lack of jurisdiction discovered after
proceeding ends) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
31 Amendment of s 102 ( Extension of Act for detainee offender) . . . . . . . . . 40
32 Amendment of s 105 (Offender treated as adult) . . . . . . . . . . . . . . . . . . . . . 40
33 Amendment and relocation of s 106 (Sentencing offender) . . . . . . . . . . . . . 40
34 Insertion of new s 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
106 When offender may be treated as an adult . . . . . . . . . . . . . . . . . . . . 41
35 Amendment of s 107 (Continuing effect on offender of orders
made when child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
36 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
107A When order made as child may be dealt with as adult order . . . . . . 43
37 Amendment of s 110 (Presentence report) . . . . . . . . . . . . . . . . . . . . . . . . . . 44
38 Amendment of s 112 (Disclosure of presentence report) . . . . . . . . . . . . . . . 44
39 Amendment of s 113 (Finding of guilt as child may be disclosed
while a child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
40 Amendment of s 114 (Evidence of childhood finding of guilt not
admissible against adult) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
41 Insertion of new s 114A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
114A Particular cautions and community conference
agreements admissible as part of person's criminal history . . . . . . . 45
42 Amendment of s 119 (Copy of court order to be given to child,
parent and chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
43 Insertion of new pt 5, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 1A--Court referred community conferences before sentencing
119A Reference to community conference by court . . . . . . . . . . . . . . . . . . 46
119B If an agreement is made on an indefinite referral by a court . . . . . . 47
119C Powers of proper officer if indefinite referral is
unsuccessful or if child contravenes agreement made on court's
indefinite referral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
119D If an agreement is made on a referral by a court before sentence . . 49
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Juvenile Justice Legislation Amendment
44 Amendment of s 120 (Sentence orders--general) . . . . . . . . . . . . . . . . . . . . 49
45 Amendment of s 121 (Sentence orders--serious offences) . . . . . . . . . . . . . 50
46 Insertion of new ss 121A-121C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
121A More than 1 type of order may be made for a single offence . . . . . 51
121B Combination of probation order and community service order . . . . 51
121C Combination of detention order and probation order . . . . . . . . . . . . . 52
47 Amendment of s 122 (Other orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
48 Amendment of s 124 (Recording of conviction) . . . . . . . . . . . . . . . . . . . . . . 52
49 Insertion of new s 131A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
131A Proper officer's application on breach . . . . . . . . . . . . . . . . . . . . . . . . 52
50 Amendment of s 134 (Chief executive's application on breach) . . . . . . . . 54
51 Amendment of s 141 (Variation, discharge and resentence in the
interests of justice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
52 Amendment of s 149 (Community service to be performed within
limited period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
53 Amendment of s 153 (Chief executive's application on breach) . . . . . . . . 54
54 Amendment of s 156 (Specific powers if breach proved) . . . . . . . . . . . . . . 55
55 Amendment of s 158 (Variation, discharge and resentence in the
interests of justice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
56 Amendment of s 167 (Detention to be served in detention centre) . . . . . . . 55
57 Amendment of s 171 (Limitation on cumulative orders) . . . . . . . . . . . . . . . 55
58 Insertion of new s 172A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
172A Application for variation of detention order in interests of
justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
59 Amendment of s 173 (Multiple orders of detention and
imprisonment against person as adult and child) . . . . . . . . . . . . . . . . . . . . . 56
60 Insertion of new pt 5, div 7, subdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Subdivision 4--Parole for life sentences
191A Application of subdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
191B Application of parole provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
61 Insertion of new pt 5, div 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 9A--Order for identifying particulars to be taken
194A Court may order sentenced child's identifying particulars
to be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
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Juvenile Justice Legislation Amendment
62 Amendment of s 197 (Notice to parent of child offender) . . . . . . . . . . . . . . 58
63 Amendment of s 198 (Show cause hearing) . . . . . . . . . . . . . . . . . . . . . . . . . 59
64 Amendment of s 199 (Recovery of unpaid compensation amounts) . . . . . . 60
65 Omission of s 202 (Chief executive to establish programs and services) . . 60
66 Amendment of s 203 (Management of detention centres) . . . . . . . . . . . . . . 60
67 Amendment of s 205 (Functions, powers and duties of official visitor) . . . 61
68 Amendment of s 206 (Directions to official visitor on security) . . . . . . . . . 61
69 Amendment of s 207 (Where children to be detained) . . . . . . . . . . . . . . . . 61
70 Amendment of s 208 (Authority for admission to detention centre) . . . . . . 61
71 Amendment of s 210 (Leave of absence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
72 Amendment of s 211 (Childrens Court may order transfer to prison) . . . . . 62
73 Amendment of s 212 (Chief executive may authorise treatment) . . . . . . . . 62
74 Amendment of s 213 (Ordinary visitor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
75 Amendment of s 215 (Complaints generally) . . . . . . . . . . . . . . . . . . . . . . . . 63
76 Amendment of s 216 (Official visitor to hear and investigate
complaints) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
77 Amendment of s 220 (Search warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
78 Amendment of s 221 (Warrants may be granted by telephone,
facsimile, radio etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
79 Amendment of s 222 (Offences relating to detention centres) . . . . . . . . . . 64
80 Amendment of s 223 (Child of detainee may be accommodated
in detention centre) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
81 Insertion of new ss 224A and 224B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
224A Programs and services for children . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
224B Police may help in keeping child in custody . . . . . . . . . . . . . . . . . . 65
82 Amendment of s 225 (Parent entitled to know of whereabouts of
child in custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
83 Replacement of s 227 (Delegation by chief executive) . . . . . . . . . . . . . . . . 66
227 Approved form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
84 Amendment of s 228 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
85 Amendment of s 229 (Proceeding for offence) . . . . . . . . . . . . . . . . . . . . . . . 66
86 Replacement of s 234 (Transitional provisions) . . . . . . . . . . . . . . . . . . . . . . 67
234 Transitional delegations saved by Juvenile Justice
Legislation Amendment Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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Juvenile Justice Legislation Amendment
235 Transitional orders and decisions saved by Juvenile
Justice Legislation Amendment Act 1996 . . . . . . . . . . . . . . . . . . . . . 69
236 Application of Act to matters before Juvenile Justice
Legislation Amendment Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
87 Amendment of sch 1 (Regulation making power) . . . . . . . . . . . . . . . . . . . . 71
88 Omission of sch 2 (Transitional provisions) . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 3--AMENDMENT OF CORRECTIVE SERVICES
(ADMINISTRATION) ACT 1988
89 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
90 Replacement of s 6 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
6 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
91 Amendment of s 18 (Functions of commission) . . . . . . . . . . . . . . . . . . . . . . 72
92 Amendment of s 19 (Powers of commission) . . . . . . . . . . . . . . . . . . . . . . . . 72
93 Amendment of s 20 (Rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
94 Amendment of s 30 (Custody of seal; authentication of documents) . . . . . 73
95 Amendment of s 32 (Disclosure of interest) . . . . . . . . . . . . . . . . . . . . . . . . . 73
96 Replacement of ss 34 to 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
34 Other officers of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
35 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
97 Amendment of s 43 (Discipline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
98 Amendment of s 45 (Suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
99 Replacement of ss 51 to 60-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
51 Funds to be maintained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
100 Amendment of s 61 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
101 Amendment of s 63 (Commission deemed to be owner of property) . . . . . 76
102 Amendment of s 70 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
103 Insertion of new pt 6 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 6--TRANSITIONAL
73 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
74 Transfer of staff to commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
SCHEDULE
DICTIONARY
8
Juvenile Justice Legislation Amendment
PART 4--AMENDMENT OF THE BAIL ACT 1980
104 Act amended by pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
105 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
19A Consideration of findings of guilt, cautions and
community conference agreements as child for decisions about
release from custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
PART 5--AMENDMENT OF CHILDRENS COURT ACT 1992
106 Act amended by pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
107 Amendment of s 20 (Who may be present at a proceeding) . . . . . . . . . . . . 81
PART 6--OTHER AMENDMENTS
108 Amendments in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 82
MINOR AMENDMENTS OF JUVENILE JUSTICE ACT 1992
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 85
MINOR AMENDMENTS OF CORRECTIVE SERVICES ACT
1988
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 86
PROVISIONS COMMENCING ON DAY FIXED BY
PROCLAMATION
1996
A BILL
FOR
An Act to amend the Juvenile Justice Act 1992, the Corrective Services
(Administration) Act 1988 and for other purposes
s1 10 s4
Juvenile Justice Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Juvenile Justice Legislation Amendment 4
Act 1996. 5
6
Commencement
Clause 2. The provisions mentioned in schedule 3 commence on a day fixed by 7
proclamation. 8
PART 2--AMENDMENT OF JUVENILE JUSTICE 9
ACT 1992 10
amended by pt 2 and sch 1 11
Act
Clause 3. This part and schedule 1 amend the Juvenile Justice Act 1992. 12
of s 4 (Principles of juvenile justice) 13
Amendment
Clause 4.(1) Section 4, before paragraph (a)-- 14
insert-- 15
`(aa)the community must be protected from offences; and'. 16
(2) Section 4(e)(ii), `punished'-- 17
omit, insert-- 18
`dealt with'. 19
s5 11 s5
Juvenile Justice Legislation Amendment
(3) Section 4(e)-- 1
insert-- 2
`(iii) dealt with in a way that strengthens the child's family; and'. 3
(4) Section 4-- 4
insert-- 5
`(ea) a victim of an offence committed by a child should be given the 6
opportunity to participate in the process of dealing with the child 7
for the offence in a way allowed by the law; and 8
(eb) a parent of a child should be encouraged to fulfil the parent's 9
responsibility for the care and supervision of the child, and 10
supported in the parent's efforts to fulfil this responsibility; and'. 11
(5) Section 4(aa) to (g)-- 12
renumber as section 4 (a) to (j). 13
of s 5 (Definitions) 14
Amendment
Clause 5.(1) Section 5, definitions "arrest offence", "caution", 15
"Commissioner", "community service" and "non-life offence"-- 16
omit. 17
(2) Section 5-- 18
insert-- 19
` "approved form" see section 227. 20
"caution" see part 1C, division 1. 21
"commission" means the Queensland Corrective Service Commission. 22
"community conference agreement" see section 18E(3). 23
"community conference convenor" see section 18B. 24
"community service" means activities decided to be community service 25
under section 224A.1 26
"convenor" means a community conference convenor. 27
1 Section 224A (Programs and services for children)
s5 12 s5
Juvenile Justice Legislation Amendment
"detainee", for a proceeding or application, means a person who is, or was 1
until the person's appearance before a court for the proceeding or 2
application, in the commission's custody under this Act, other than a 3
person serving a term of imprisonment under this Act. 4
"disclosable caution" see sections 18N and 18O. 5
"disclosable community conference agreement" see sections 18N 6
and 18O. 7
"fixed release order" see section 189. 8
"officer" of the commission, see the Corrective Services (Administration) 9
Act 1988, section 6.2 10
"parole" means parole under the Corrective Services Act 1988, part 4.3 11
"personal offence" means an offence relating to the person of another. 12
"penalty unit" see Penalties and Sentences Act 1992, section 5.4 13
"property offence" means an offence relating to property. 14
"referring court" for an offence referred to a community conference--see 15
section 18C(b). 16
"referring police officer" for an offence referred to a community 17
conference--see section 18C(a). 18
"seven year offence" means a life offence or an offence of a type, that if 19
committed by an adult, would make the adult liable to imprisonment 20
for 7 years or more. 21
"State" includes a Territory. 22
"supreme court offence" see section 69.'. 23
2 Corrective Services (Administration) Act 1988, section 6, definition "officer"--
`"officer" in relation to the commission means a person employed by it on
salary, or engaged and appointed by it on a contract basis, on the basis of
full-time employment or part-time employment.'.
3 Corrective Services Act 1988, part 4 (Parole)
4 Penalties and Sentences Act 1992, section 5 (Meaning of penalty unit)
s6 13 s7
Juvenile Justice Legislation Amendment
(3) Section 5, definition "legal practitioner"--- 1
insert-- 2
`(c) a person mentioned in section 229(2)5 acting for a party.'. 3
of s 8 (Meaning of "serious offence") 4
Amendment
Clause 6. Section 8(2)-- 5
omit, insert-- 6
`(2) An offence is not a serious offence if it is of a type that, if committed 7
by an adult, may be dealt with summarily under-- 8
(a) the Criminal Code, section 443(1)(eb) or (i);6 or 9
(b) the Drugs Misuse Act 1986, section 13.7'. 10
of new pt 1A 11
Insertion
Clause 7. After section 9-- 12
insert-- 13
`PART 1A--ADMINISTRATION 14
about Act's administration 15
`Explanation
`9A.(1) This Act is administered through departments and the 16
commission. 17
`(2) The involvement of the commission is expressly mentioned in this 18
Act and in the Corrective Services (Administration) Act 1988. 19
`(3) The Minister responsible for this part's administration is responsible 20
for the Act's development as a whole, particularly for the way it affects the 21
administration of justice. 22
5 Section 229(2) (Proceeding for offence)
6 Criminal Code, section 443(1)(eb) or (i) (Indictable offences which may be
dealt with summarily)
7 Drugs Misuse Act 1986, section 13 (Certain offences may be dealt with
summarily)
s7 14 s7
Juvenile Justice Legislation Amendment
`(4) For subsection (3), the Minister may require the commission to 1
provide-- 2
(a) information it has relevant to the Act's effectiveness; and 3
(b) access to detention centres and other places controlled by the 4
commission for genuine researchers seeking information on a 5
voluntary basis. 6
7
`Delegations
`9B.(1) The chief executive of a department may delegate to the 8
commission or to an officer of the public service or the commission a 9
power conferred on that chief executive under this Act. 10
`(2) The commission may delegate to a chief executive of a department 11
or to an officer of the commission or the public service a power conferred 12
on the commission under this Act. 13
`(3) A power delegated to the commission or a chief executive of a 14
department may be subdelegated by the commission or that chief executive. 15
`(4) Subsections (1) to (3) apply to a power subject to any written 16
direction of the Minister responsible for the administration of the provision 17
under which the power is conferred. 18
`(5) This section does not limit a power of delegation conferred on a 19
chief executive of a department or the commission by another Act. 20
by chief executive and commission 21
`Appearances
`9C.(1) This section applies to a provision of this Act about a proceeding 22
or application that states a chief executive may appear or, if a detainee is 23
involved, the commission may appear. 24
`(2) It is declared that the entitlement of the commission to appear does 25
not affect the entitlement to appear of the chief executive mentioned in the 26
provision.'. 27
s8 15 s8
Juvenile Justice Legislation Amendment
of new pts 1B and 1C 1
Insertion
Clause 8. Before part 2-- 2
insert-- 3
`PART 1B--INVESTIGATION PROVISIONS 4
2--Fingerprints and palmprints 5
`Division
by police officer for permission to take child's identifying 6
`Application
particular 7
`10.(1) This section applies if a child has been charged, without being 8
arrested, with an indictable offence or an offence against any of the 9
following Acts-- 10
(a) the Criminal Code; 11
(b) the Drugs Misuse Act 1986; 12
(c) the Police Service Administration Act 1990; 13
(d) the Regulatory Offences Act 1985; 14
(e) the Vagrants, Gaming and Other Offences Act 1931; 15
(f) the Weapons Act 1990. 16
`(2) A police officer (the "applicant") may apply to a Childrens Court 17
Magistrate (the "court") to have an identifying particular of the child taken. 18
`(3) The applicant must give notice of the application to-- 19
(a) the child; and 20
(b) a parent of the child, unless a parent can not be found after 21
reasonable inquiry; and 22
(c) the chief executive; and 23
(d) the commission, if the child is a detainee. 24
`(4) The court may decide the application in the absence of a person 25
mentioned in subsection (3), if the court is satisfied that subsection (3) has 26
been complied with. 27
s8 16 s8
Juvenile Justice Legislation Amendment
`(5) On the application-- 1
(a) the applicant and anyone mentioned in subsection (3) is entitled to 2
be heard and to provide evidence; and 3
(b) the court may act on statements of information and belief. 4
`(6) The court may order the identifying particular to be taken if it is 5
satisfied, on the balance of probabilities, of all the following facts-- 6
(a) someone has committed the charged offence; 7
(b) there is evidence of an identifying particular of the offender that is 8
of the same type as the identifying particular the applicant seeks to 9
have taken from the child; 10
(c) the child is reasonably suspected of being the offender; 11
(d) the order is necessary for the proper conduct of the investigation 12
of the offence. 13
`(7) The order must state the investigation for which the order is made. 14
`(8) If the child will not be in custody when the particular is taken, the 15
order must require the child to report to a police station as directed under the 16
order to have the identifying particular taken. 17
`(9) A child must not contravene the order. 18
Maximum penalty--10 penalty units. 19
`(10) A child who commits an offence against subsection (9) may be 20
arrested without warrant. 21
`(11) If the child will be in custody when the particular is taken, the order 22
must require the particular to be taken at the place the child is held in 23
custody. 24
`(12) A police officer may use reasonable force to take the identifying 25
particular under the order. 26
`(13) This section is subject to section 10A.8 27
8 Section 10A (Another person must be present when identifying particular is
taken)
s8 17 s8
Juvenile Justice Legislation Amendment
`(14) In this section-- 1
"charged offence" means the offence with which the child is charged or an 2
offence arising out of the same, or same set of, circumstances. 3
"identifying particular" means fingerprints or palmprints. 4
"parent", of a child, includes someone who is apparently a parent of the 5
child. 6
person must be present when identifying particular is taken 7
`Another
`10A.(1) In a proceeding for an offence, a court must not admit into 8
evidence against a defendant an identifying particular taken from the 9
defendant under section 10 9 unless the court is satisfied a person mentioned 10
in subsection (2) was present when the identifying particular was given. 11
`(2) The person required to be present is-- 12
(a) a parent of the child; or 13
(b) a legal practitioner acting for the child; or 14
(c) a person acting for the child who is employed by an agency 15
whose primary purpose is to provide legal services; or 16
(d) a justice of the peace other than-- 17
(i) a justice of the peace who is a member of the Queensland 18
Police Service; or 19
(ii) a justice of the peace (commissioner for declarations); or 20
(e) an adult nominated by the child. 21
`(3) Subsection (1) does not apply if-- 22
(a) the prosecution satisfies the court there was proper and sufficient 23
reason for the absence of a person mentioned in subsection (2) 24
when the particular was taken; and 25
(b) the court considers that, in the particular circumstances, the 26
particular should be admitted into evidence. 27
9 Section 10 (Application by police officer for permission to take child's
identifying particular)
s8 18 s8
Juvenile Justice Legislation Amendment
`(4) This section does not require that a police officer permit or cause to 1
be present when the identifying particular is taken a person whom the police 2
officer suspects on reasonable grounds-- 3
(a) is an accomplice of the child; or 4
(b) is, or is likely to become, an accessory after the fact; 5
for the offence or another offence under investigation. 6
`(5) This section does not limit the power of a court to exclude evidence 7
from admission in a proceeding. 8
of identifying particular taken under court order 9
`Destruction
`10B.(1) An identifying particular taken from a child under an order 10
under section 1010 must be destroyed if the investigation for which the 11
order was made does not result in a sentence order being made. 12
`(2) For subsection (1), the destruction must happen within 7 days of the 13
following-- 14
(a) if the investigation is for an offence for which a proceeding had 15
started when the order was made and the proceeding ends without 16
a sentence order being made--the end of the proceeding; 17
(b) if the investigation is for an offence for which a proceeding is 18
started within 28 days after the order is made and the proceeding 19
ends without a sentence order being made--the end of the 20
proceeding; 21
(c) if the investigation is for an offence for which a proceeding is not 22
started within 28 days of the order--the end of the period of 23
28 days. 24
`(3) An applicant who obtains an order to have an identifying particular 25
taken from a child under section 10 must not fail to ensure the particular is 26
destroyed under this section, unless the applicant has a reasonable excuse 27
for failing to do so. 28
Maximum penalty--100 penalty units. 29
10 Section 10 (Application by police officer for permission to take child's
identifying particular)
s8 19 s8
Juvenile Justice Legislation Amendment
does not limit other provisions 1
`Division
`10C. This division does not limit another Act under which someone's 2
fingerprints or palmprints may be taken. 3
ART 1C--CAUTIONS AND COMMUNITY 4
`P
CONFERENCES 5
`Division 2--Community conferences 6
`Subdivision 1--Establishment of process and generally applicable 7
provisions 8
of division and explanation 9
`Object
`18A.(1) The object of this division is to establish a community 10
conference process for a child who admits committing an offence to a 11
police officer or after a finding of guilt for an offence is made against the 12
child before a court. 13
`(2) The process allows the child, a victim of the offence and the 14
community to consider or deal with the offence in a way benefiting all 15
concerned. 16
`(3) The process involves the following steps-- 17
(a) a police officer or court refers the offence to a community 18
conference; 19
(b) a community conference convenor convenes a conference 20
between the child and other concerned persons (see 21
section 18D11); 22
(c) at the conference the offence is discussed and an agreement made 23
on what must be done because of the offence. 24
11 Section 18D (Who may participate in a community conference)
s8 20 s8
Juvenile Justice Legislation Amendment
`(4) The benefits intended are-- 1
(a) the child may benefit by-- 2
(i) meeting any victim and taking responsibility for the results 3
of the offence in an appropriate way; and 4
(ii) having the opportunity to make restitution and pay 5
compensation for the offence; and 6
(iii) taking responsibility for the way in which the conference 7
deals with the offence; and 8
(iv) having less involvement with the courts' criminal justice 9
system; and 10
(b) the victim may benefit by the opportunity-- 11
(i) to meet and understand the child and understand why the 12
offence was committed; and 13
(ii) to express the victim's concerns; and 14
(iii) to have questions answered; and 15
(iii) to influence the way in which the conference deals with the 16
offence; and 17
(v) to encourage the child's sense of responsibility; and 18
(c) the community may benefit by-- 19
(i) fewer offences being committed because of effective early 20
intervention by the community; and 21
(ii) less public cost from unnecessary involvement of the courts' 22
criminal justice system; and 23
(iii) increasing resolution of disputes within the community 24
without government intervention or legal proceedings. 25
`(5) In deciding whether it is appropriate to refer an offence to a 26
community conference, a police officer or court must have regard to-- 27
(a) the offence's nature; and 28
(b) the harm suffered by anyone because of the offence; and 29
s8 21 s8
Juvenile Justice Legislation Amendment
(c) whether the interests of the community and the child would be 1
served by having the offence considered or dealt with in an 2
informal way. 3
`(6) This subdivision provides for community conferences generally. 4
`(7) Subdivision 212 has provisions for a community conference when an 5
offence is referred by a police officer before the start of a proceeding for the 6
offence. 7
`(8) Part 5, division 1A 13 has provisions for a community conference 8
when an offence is referred by a court after a finding of guilt is made 9
against a child for the offence. 10
of community conference convenor 11
`Approval
`18B.(1) The chief executive may approve a person as a community 12
conference convenor (a "convenor"). 13
`(2) Before approving a person as a convenor, the chief executive must 14
be satisfied the person has appropriate experience or training to be a 15
convenor. 16
`(3) The convenor of a particular community conference must be-- 17
(a) a person approved as a community conference convenor by the 18
chief executive; and 19
(b) independent of the circumstances of the offence. 20
may refer an offence to a community conference 21
`Who
`18C. An offence may be referred to a community conference by-- 22
(a) a police officer under section 18H 14 (the "referring police 23
officer); or 24
(b) a court under part 5, division 1A (the "referring court). 25
12 Subdivision 2 (Reference by police officer before a proceeding starts)
13 Part 5 (Sentencing), division 1A (Court referred community conferences before
sentencing)
14 Section 18H (Reference of offence to community conference by police officer)
s8 22 s8
Juvenile Justice Legislation Amendment
may participate in a community conference 1
`Who
`18D. The participants in a community conference are as follows-- 2
(a) the convenor; 3
(b) the child and, at the child's request-- 4
(i) a legal practitioner acting for the child; or 5
(ii) a member of the child's family; or 6
(iii) an adult nominated by the child; 7
(c) at the request of any victim of the offence--the victim or a legal 8
practitioner acting for the victim or a member of the victim's 9
family; 10
(d) a representative of-- 11
(i) if the offence is referred to the conference by a police 12
officer-- the commissioner of the police service; or 13
(ii) if the offence is referred to the conference by a court--the 14
prosecution in the proceeding for the offence; 15
(e) another person decided by the convenor. 16
17
Example of paragraph (e)--
18
The convenor may decide a representative of the chief executive may participate
19
in a conference if the community conference agreement may provide for the child to
20
be subject to a program similar to one a child is subject to under a community
21
service order or a probation order.
of community conference 22
`Conduct
`18E.(1) A community conference must be convened and conducted by 23
the convenor for the conference. 24
`(2) All decisions made by the convenor necessary for the conduct of the 25
conference must be respected by the participants. 26
`(3) The conference must be directed towards making an agreement 27
about the offence (the "community conference agreement"). 28
`(4) The convenor may bring the conference to an end at any time if-- 29
(a) the child fails to attend the conference as required by the referring 30
s8 23 s8
Juvenile Justice Legislation Amendment
police officer or court; or 1
(b) the convenor considers-- 2
(i) the offence unsuitable for a community conference; or 3
(ii) an agreement will not be made within a time the convenor 4
considers appropriate. 5
`(5) Also, the conference ends if an agreement is made. 6
`(6) The convenor must give the referring police officer or court a report 7
about the outcome of the conference within 14 days of the conference's end. 8
`(7) The report must be in the approved form. 9
of community conference agreement 10
`Form
`18F.(1) A community conference agreement about an offence must be 11
in the approved form. 12
`(2) The agreement must be agreed to and signed by-- 13
(a) the convenor; and 14
(b) the child; and 15
(c) a representative of-- 16
(i) if the offence is referred to the conference by a police 17
officer-- the commissioner of the police service; or 18
(ii) if the offence is referred to the conference by a court--the 19
prosecution in the proceeding for the offence; 20
(d) if a victim of the offence participates in the conference--the 21
victim. 22
`(3) The agreement must contain provisions under which-- 23
(a) the child admits committing the offence; and 24
(b) the child's compliance with the agreement is monitored. 25
`(4) The agreement may contain a provision about the following-- 26
(a) the making of restitution or payment of compensation; 27
(b) an apology that must be made to a victim; 28
s8 24 s8
Juvenile Justice Legislation Amendment
(c) the child's future conduct while a child; 1
(d) a program mentioned in subsection (5); 2
(e) another matter the convenor considers appropriate. 3
`(5) An agreement signed by the chief executive may provide for the 4
child to be subject to a program similar to one a child is subject to under a 5
community service order or a probation order. 6
`(6) The agreement may not provide for the child to be treated more 7
severely for the offence than if the child were sentenced by a court or in a 8
way contravening the sentencing principles in section 109.15 9
`(7) A copy of the agreement must be given immediately to each person 10
who signs the agreement under subsection (2). 11
chief executive signs agreement for program 12
`If
`18G.(1) This section applies if the chief executive signs a community 13
conference agreement providing for a program similar to one a child is 14
subject to under a community service order or a probation order. 15
`(2) The chief executive may arrange the program and monitor the 16
child's participation. 17
`(3) If the child fails to comply with the agreement's requirements about 18
the program, the chief executive may take no action or notify-- 19
(a) for an offence referred to the community conference by a police 20
officer--the police officer; or 21
(b) for an offence referred to the community conference by a 22
court--the court's proper officer. 23
2--Reference by police officer before a proceeding starts 24
`Subdivision
of offence to community conference by police officer 25
`Reference
`18H.(1) A police officer may refer the offence to a community 26
conference before a proceeding is started for the offence, if-- 27
15 Section 109 (Sentencing principles)
s8 25 s8
Juvenile Justice Legislation Amendment
(a) the child admits committing the offence to the police officer; and 1
(b) the victim consents, if there was a victim of the offence; and 2
(c) the police officer considers-- 3
(i) the referral is a more appropriate way of dealing with the 4
offence than starting a proceeding; and 5
(ii) a caution is inappropriate and a proceeding for the offence 6
would be appropriate if the reference were not made; and 7
(iii) a community conference convenor will be available for the 8
community conference. 9
`(2) The police officer may require the child to attend the community 10
conference as directed by the police officer. 11
`(3) However, if the convenor for the conference considers the offence 12
unsuitable for a community conference, the convenor may decline to 13
convene the conference by written notice given to the police officer. 14
`(4) The notice must be in the form approved by the chief executive. 15
`(5) The notice is taken to bring the conference to an end. 16
`(6) The police officer must inform the child that the police officer has 17
received the notice. 18
an agreement is made on a referral by a police officer 19
`If
`18I. If a community conference agreement is made on the referral by 20
the police officer, the child is then not liable to be prosecuted for the offence. 21
of police officer if referral is unsuccessful or if child 22
`Powers
contravenes agreement 23
`18J.(1) This section applies if-- 24
(a) the child fails to attend the community conference as directed by 25
the police officer; or 26
(b) the community conference ends without an agreement being 27
made; or 28
s8 26 s8
Juvenile Justice Legislation Amendment
(c) the child contravenes an agreement made at the community 1
conference. 2
`(2) In considering what further action is appropriate, the police officer 3
must consider-- 4
(a) the matters mentioned in section 19(2);16 and 5
(b) any participation by the child in the community conference; and 6
(c) if an agreement was made at the conference--anything done by 7
the child under the agreement. 8
`(3) The police officer may-- 9
(a) take no action; or 10
(b) administer a caution to the child; or 11
(c) refer the offence to another community conference, with or 12
without the same convenor; or 13
(d) start a proceeding against the child for the offence. 14
`Division 3--Confidentiality of cautions, community conference 15
agreements and information from community conferences 16
of cautions and community conference agreements 17
`Confidentiality
`18K.(1) This section applies if, for an offence committed by a child-- 18
(a) a caution is to be, or has been, administered to the child; or 19
(b) the child makes a community conference agreement about an 20
offence referred to a community conference by a police officer. 21
`(2) A member of the Queensland Police Service must not give to 22
anyone other than a member of the Queensland Police Service information 23
likely to identify the child as a person to whom a caution is to be, or has 24
been, administered, or who has entered into a community conference 25
agreement. 26
Maximum penalty--100 penalty units. 27
16 Section 19 (Police officer to consider alternatives to proceeding against child)
s8 27 s8
Juvenile Justice Legislation Amendment
`(3) Subsection (2) does not prevent the information being given to-- 1
(a) a parent of the child; or 2
(b) a complainant for the offence; or 3
(c) the chief executive; or 4
(d) a member of a police service of the Commonwealth or another 5
State dealing with a child offender; or 6
(e) a legal practitioner acting for the child; or 7
(f) a court, or legal practitioner acting for a party in a proceeding in 8
which the administration of the caution or the making of the 9
community conference agreement is admissible in evidence; or 10
(g) a person who has the function of investigating offences under an 11
Act and who is dealing with a child offender; or 12
(h) a person who is undertaking research approved by the 13
commissioner of the police service; or 14
(i) another person, for the purpose of this Act. 15
of information about community conference generally 16
`Confidentiality
`18L.(1) For section 226, 17 information gained by a community 17
conference convenor in the conduct of a community conference is 18
confidential information gained through the administration of this Act. 19
`(2) The convenor may record, disclose or use the information if the 20
convenor has a reasonable excuse for the recording, disclosure or use. 21
`(3) It is a reasonable excuse if the recording, disclosure or use is-- 22
(a) for a report to a referring police officer or court under 23
section 18E(6);18 or 24
(b) with the agreement of all the parties to the community conference; 25
or 26
(c) for this or another Act; or 27
17 Section 226 (Preservation of confidentiality)
18 Section 18E(6) (Conduct of community conference)
s8 28 s8
Juvenile Justice Legislation Amendment
(d) for statistical purposes without revealing, or being likely to reveal, 1
the identity of a person to whom the information relates; or 2
(e) for an inquiry or proceeding about an offence happening in the 3
conduct of a community conference. 4
`(4) In this section-- 5
"conduct of a community conference" includes all steps involved in 6
establishing the conference and dealing with anything from the 7
conference. 8
`Division 4--Use in evidence of cautions, community conference 9
agreements and information about community conferences 10
of evidence of caution or community conference 11
`Admissibility
agreement 12
`18M.(1) Evidence that a caution has been administered to a child or a 13
community conference agreement has been made by a child is not 14
admissible against the child in a proceeding taken against the child for an 15
offence. 16
`(2) Subsection (1) does not stop evidence of a caution being admitted 17
against the child-- 18
(a) in a proceeding for which the caution is a disclosable caution; or 19
(b) under section 18(2);19 or 20
(c) in a proceeding in which the caution is admissible in evidence 21
under an Act. 22
`(3) Subsection (1) does not stop evidence of a community conference 23
agreement being admitted against the child-- 24
(a) in a proceeding for which the agreement is a disclosable 25
community conference agreement; or 26
(b) in a proceeding in which the community conference agreement is 27
admissible in evidence under an Act. 28
19 Section 18 (Childrens Court may dismiss charge if caution should have been
administered)
s8 29 s8
Juvenile Justice Legislation Amendment
caution and community conference agreement--later 1
`Disclosable
childhood offence 2
`18N.(1) This section applies to a person who-- 3
(a) as a child is administered a caution, or makes a community 4
conference agreement, for a seven year offence committed by the 5
child; and 6
(b) after the caution is administered or the agreement is made, 7
commits an offence as a child (the "later childhood offence"). 8
`(2) For a proceeding for the later childhood offence-- 9
(a) the caution is a "disclosable caution"; and 10
(b) the agreement is a "disclosable community conference 11
agreement". 12
caution and community conference agreement--later 13
`Disclosable
adulthood offence 14
`18O.(1) This section applies to a person who-- 15
(a) as a child is administered a caution, or makes a community 16
conference agreement, for an offence committed by the person; 17
and 18
(b) is dealt with as a child for a second or later seven year offence; 19
and 20
(c) after being dealt with as a child for a second or later seven year 21
offence commits an offence as an adult (the "later adulthood 22
offence"). 23
`(2) For a proceeding for the later adulthood offence-- 24
(a) the caution is a "disclosable caution"; and 25
(b) the community conference agreement is a "disclosable 26
community conference agreement". 27
`(3) It is immaterial-- 28
(a) whether the caution or agreement relied on for subsection (1)(a) 29
was administered or made for the second or later seven year 30
offence relied on for subsection (1)(b) or for another offence; and 31
s8 30 s8
Juvenile Justice Legislation Amendment
(b) whether the caution or agreement relied on for subsection (1)(a) 1
was administered or made before or after the second or later 2
seven year offence relied on for subsection (1)(b) was committed 3
or dealt with. 4
`(4) In this section-- 5
"dealt with", for an offence, includes the following-- 6
(a) being administered a caution for the offence; 7
(b) making a community conference agreement for the offence; 8
(c) dealt with on a finding of guilt. 9
"second" seven year offence of a child mentioned in subsection (1)(b) and 10
(c), means a seven year offence the child commits after being dealt 11
with for a seven year offence. 12
of information from community conference in evidence 13
`Use
`18P.(1) Evidence of anything done or said, or an admission made, in 14
the conduct of a community conference about an offence is inadmissible in 15
any proceeding. 16
`(2) However, evidence that would otherwise be excluded from 17
admission in a proceeding because of subsection (1) is admissible in a 18
proceeding if-- 19
(a) all the parties to the community conference agree to the admission 20
of the evidence; or 21
(b) the proceeding is under part 5, division 1A;20 or 22
(c) the evidence is admissible under this or another Act; or 23
(d) the proceeding is about an offence happening in the conduct of the 24
community conference. 25
20 Part 5 (Sentencing), division 1A (Court referred community conferences before
sentencing)
s9 31 s 12
Juvenile Justice Legislation Amendment
`(3) In this section-- 1
"conduct of a community conference" includes all steps involved in 2
establishing the conference and dealing with anything from the 3
conference.'. 4
of pt 2 heading (Cautions and start of proceedings) 5
Amendment
Clause 9. Part 2, heading, `Cautions and'-- 6
omit. 7
of s 10 (Police officer to consider alternatives to 8
Amendment
proceeding against child) 9
Clause 10.(1) Sections 10(1)-- 10
insert-- 11
`(c) to refer the offence to a community conference.'. 12
(2) Section 10-- 13
renumber as section 19. 14
of s 18 (Confidentiality of cautions--admissibility) 15
Omission
Clause 11. Section 18-- 16
omit. 17
of s 19 (Childrens Court may dismiss charge if caution 18
Amendment
should have been administered) 19
Clause 12.(1) Section 19-- 20
insert-- 21
`(3) If the court dismisses a charge under subsection (1), the court 22
may-- 23
(a) administer the caution to the child; or 24
(b) direct that a caution be administered to the child as directed by the 25
court.'. 26
s 13 32 s 13
Juvenile Justice Legislation Amendment
(2) Section 19-- 1
renumber as section 18. 2
of s 20 (Arrest and ex officio indictment power 3
Amendment
preserved) 4
Clause 13.(1) Section 20(1), `Sections 10'-- 5
omit, insert-- 6
`Sections 19' 7
(2) Section 20(1)(a), `the proviso to section 42(1)'-- 8
omit, insert-- 9
`section 42(1A)'. 10
(3) Section 20(1)(b), `life'-- 11
omit, insert-- 12
`serious'. 13
(4) Section 20(2), `sections 10'-- 14
omit, insert-- 15
`sections 19'. 16
(5) Section 20-- 17
insert-- 18
`(4) Sections 19, 21 and 2221 do not apply to the arrest of a child by a 19
police officer who believes on reasonable grounds that the child is an adult. 20
`(5) In deciding whether the police officer had the reasonable grounds, a 21
court may have regard to the child's apparent age and the circumstances of 22
the arrest.'. 23
21 Sections 19 (Police officer to consider alternatives to proceeding against child),
21 (Restriction on arrest of child) and 22 (Parent and chief executive must be
advised of arrest of child)
s 14 33 s 16
Juvenile Justice Legislation Amendment
of s 22 (Parent and chief executive must be advised of 1
Amendment
arrest of child) 2
Clause 14. Section 22-- 3
insert-- 4
`(2) In this section-- 5
"parent", of a child, includes someone who is apparently a parent of the 6
child.'. 7
of s 23 (Attendance notice may be issued for arrest 8
Amendment
offence) 9
Clause 15.(1) Section 23, heading, `arrest'-- 10
omit. 11
(2) Section 23(2)-- 12
omit, insert-- 13
`(2) If a police officer believes on reasonable grounds that a child has 14
committed an offence, the police officer may serve an attendance notice on 15
the child.'. 16
of s 28 (Parent and chief executive must be advised of 17
Amendment
service of attendance notice on child) 18
Clause 16. Section 28-- 19
insert-- 20
`(2) In this section-- 21
"parent", of a child, includes someone who is apparently a parent of the 22
child.'. 23
s 17 34 s 20
Juvenile Justice Legislation Amendment
of s 32 (Service of complaint and summons if offender a 1
Amendment
child) 2
Clause 17.(1) Section 32(2)(a), after `child'-- 3
insert-- 4
`, unless a parent can not be found after reasonable inquiry'. 5
(2) Section 32-- 6
insert-- 7
`(5) In this section-- 8
"parent", of a child, includes someone who is apparently a parent of the 9
child.'. 10
of s 41 (Custody of child pending court appearance) 11
Amendment
Clause 18. Section 41, `chief executive'-- 12
omit, insert-- 13
`commission'. 14
of s 43 (Custody of child if not released by court) 15
Amendment
Clause 19.(1) Section 43, `chief executive'-- 16
omit, insert-- 17
`commission'. 18
(2) Section 43(5), `chief executive's'-- 19
omit, insert-- 20
`commission's'. 21
of s 48 (Application of part 4 of Mental Health Act 1974) 22
Amendment
Clause 20. Section 48(2)(c) and (d)-- 23
omit, insert-- 24
`(c) mention of the Community Corrections Board is taken to mean 25
the commission.'. 26
s 21 35 s 22
Juvenile Justice Legislation Amendment
of s 56 (Presence of parent required generally) 1
Amendment
Clause 21. Section 56(1), `before the court'-- 2
omit, insert-- 3
`before a court'. 4
of new s 56A 5
Insertion
Clause 22. After section 56-- 6
insert-- 7
may order parent to attend 8
`Court
`56A.(1) A court before which a child appears charged with an offence 9
may order a parent of the child to attend the proceeding as directed by the 10
court. 11
`(2) The order may be made on the prosecution's application or on the 12
court's initiative. 13
`(3) The court may cause the proper officer of the court to give written 14
notice to the parent to attend as directed. 15
`(4) If requested by the proper officer, the commissioner of the police 16
service must help the proper officer to give the notice. 17
`(5) The court may recommend the chief executive provide financial 18
assistance to the parent to ensure the parent's attendance. 19
`(6) A person must not contravene a notice given to the person under 20
subsection (3). 21
Maximum penalty--50 penalty units. 22
`(7) A court that makes an order under subsection (1) may adjourn the 23
proceeding to allow the parent to attend.'. 24
s 23 36 s 24
Juvenile Justice Legislation Amendment
of s 60 (Chief executive's right of audience generally) 1
Replacement
Clause 23. Section 60-- 2
omit, insert-- 3
executive's and commission's rights of audience generally 4
`Chief
`60.(1) This section applies to a proceeding before a court in which a 5
child is charged with an offence. 6
`(2) The chief executive or, if the child is a detainee, the commission, is 7
entitled to be heard by the court on matters mentioned in subsection (3), 8
even though the chief executive or commission is not a party to the 9
proceeding. 10
`(3) The matters are-- 11
(a) adjournment of the proceeding; and 12
(b) matters relating to the custody or release from custody of the 13
child pending completion of the proceeding; and 14
(c) sentence orders that may be made against the child; and 15
(d) without limiting paragraphs (a) to (c), matters on which the court 16
considers the chief executive or commission should be heard. 17
`(4) If the chief executive or commission is a party to the proceeding, the 18
chief executive or commission may appear and be represented by an officer 19
of the department or commission.'. 20
of s 67 (Use of adduced evidence after change of 21
Amendment
procedure) 22
Clause 24. Section 67(1)-- 23
insert-- 24
`(d) a decision of a court to continue or hear a proceeding in its 25
concurrent jurisdiction under division 9.22'. 26
22 Division 9 (Child offenders who become adults)
s 25 37 s 25
Juvenile Justice Legislation Amendment
of ss 68 and 69 1
Replacement
Clause 25. Section 68 and 69-- 2
omit, insert-- 3
`Subdivision 1--Application 4
of div 2 5
`Application
`68. This division applies to a proceeding in which a child is charged 6
with a serious offence. 7
2--Procedure if the serious offence is a supreme court 8
`Subdivision
offence 9
of "supreme court offence" 10
`Meaning
`69. A "supreme court offence" is an offence that a District Court does 11
not have jurisdiction to try because of the District Court Act 1967, 12
section 61.23 13
of subdiv 2 14
`Application
`69A. This subdivision applies to a proceeding before a Childrens Court 15
Magistrate (the "court") in which a child is charged with a supreme court 16
offence. 17
proceeding only option 18
`Committal
`69B. The proceeding must be conducted as a committal proceeding. 19
must be committed for trial or sentence before Supreme Court 20
`Child
`69C. If, on consideration of all the evidence adduced at the committal 21
proceeding, the court is of the opinion that the evidence is sufficient to put 22
the child on trial for the offence, the court must order the child to be 23
23 District Courts Act 1967, section 61 (Exception from criminal jurisdiction)
s 26 38 s 27
Juvenile Justice Legislation Amendment
committed-- 1
(a) to be tried before the Supreme Court; or 2
(b) if the child enters a plea of guilty at the committal proceeding--to 3
be sentenced before the Supreme Court. 4
`Subdivision 3--Procedure if the serious offence is not a supreme court 5
offence 6
of subdiv 3 7
`Application
`69D. This subdivision applies to a proceeding before a Childrens Court 8
Magistrate (the "court") in which a child is charged with a serious offence 9
other than a supreme court offence. 10
proceeding only option 11
`Committal
`69E. The proceeding must be conducted as a committal proceeding.'. 12
of new subdiv heading 13
Insertion
Clause 26. Before section 72-- 14
insert-- 15
4--Proceedings before Childrens Court Judge'. 16
`Subdivision
of s 89 ( Application for review) 17
Amendment
Clause 27.(1) Section 89(1)(b)-- 18
omit, insert-- 19
`(b) the chief executive, or, if the child is a detainee, the commission, 20
acting in either case in the child's interests; or 21
(c) the complainant or arresting officer for the charge for which the 22
sentence order was made.'. 23
s 28 39 s 29
Juvenile Justice Legislation Amendment
(2) Section 89(2)(b), `14'-- 1
omit, insert-- 2
`28'. 3
of s 94 (Interrelation with other types of appeal) 4
Amendment
Clause 28.(1) Section 94(1)-- 5
insert-- 6
` "application" by a child for a sentence review, includes an application by 7
the chief executive or the commission acting in the child's interests.'. 8
(2) Section 94(2) and (3), `application'-- 9
omit, insert-- 10
`application by the child'. 11
(3) Section 94-- 12
insert-- 13
`(4) If-- 14
(a) a complainant or arresting officer applies for a sentence review of 15
a sentence order made against a child; and 16
(b) the child starts a proceeding for an ordinary appeal against the 17
sentence order or the finding of guilt for which it was made; 18
a Childrens Court Judge can not proceed to hear and decide the application 19
for the sentence review until the ordinary appeal is finished.'. 20
of s 98 (Correction of error by court making order) 21
Amendment
Clause 29. Section 98(2)(b)-- 22
omit, insert-- 23
`(b) if the defendant affected is a child, the persons who may apply 24
under the section include the chief executive, or, if the child is a 25
detainee, the commission, acting in either case in the child's 26
interests.'. 27
s 30 40 s 33
Juvenile Justice Legislation Amendment
of s 101 (Lack of jurisdiction discovered after proceeding 1
Amendment
ends) 2
Clause 30.(1) Section 101(3)(b)-- 3
omit, insert-- 4
`(b) if the person charged in the proceeding was a child--the chief 5
executive, or, if the child is a detainee, the commission, acting in 6
either case in the child's interests; or'. 7
(2) Section 101(5)(a), `been found'-- 8
omit, insert-- 9
`found'. 10
of s 102 ( Extension of Act for detainee offender) 11
Amendment
Clause 31. Section 102(3)(c), `chief executive'-- 12
omit-- 13
`commission'. 14
of s 105 (Offender treated as adult) 15
Amendment
Clause 32. Section 105, heading-- 16
omit, insert-- 17
`When offender must be treated as an adult'. 18
and relocation of s 106 (Sentencing offender) 19
Amendment
Clause 33.(1) Section 106, heading, after `offender'-- 20
insert-- 21
`as adult'. 22
s 34 41 s 34
Juvenile Justice Legislation Amendment
(2) Section 106(1), `(Offender treated as adult)'-- 1
omit, insert-- 2
`, 106 or 107A24'. 3
(3) Section 106-- 4
renumber and relocate as section 107B. 5
of new s 106 6
Insertion
Clause 34. After section 105-- 7
insert-- 8
offender may be treated as an adult 9
`When
`106.(1) This section applies if-- 10
(a) a proceeding has started against an offender for an offence in the 11
way provided in this Act for a child (the "childhood 12
proceeding"); and 13
(b) by the time 1 year has passed after the offender becomes an 14
adult-- 15
(i) the childhood proceeding has not been completed to a 16
finding of guilty or not guilty; and 17
(ii) the offender, for another offence-- 18
(A) is proceeded against as an adult; or 19
(B) has been sentenced as an adult. 20
`(2) The court hearing the childhood proceeding may decide to continue 21
the proceeding as if the offender were an adult when the offence was 22
committed. 23
`(3) For subsection (2), the Childrens Court may continue the proceeding 24
in its concurrent jurisdiction. 25
24 Section 105 (When offender must be treated as an adult), 106 (When offender
may be treated as an adult) or 107A (When order made as child may be dealt
with as adult order)
s 35 42 s 35
Juvenile Justice Legislation Amendment
`(4) If the offender is found guilty, the offender must be sentenced as an 1
adult. 2
`(5) This section applies despite section 105(2).25'. 3
of s 107 (Continuing effect on offender of orders made 4
Amendment
when child) 5
Clause 35. Section 107-- 6
insert-- 7
`(3) For subsection (2), a reference in this Act to a child subject to an 8
order who commits an offence or contravenes a requirement of, or 9
prescribed requirement relating to, the order is declared to include a 10
reference to the child committing the offence or contravening the 11
requirement while subject to the order after becoming an adult. 12
`(4) Subsection (3) does not limit subsection (2). 13
`(5) If-- 14
(a) a proceeding or order mentioned in subsection (2)(b) may be 15
taken before, or made by, a court if a person is found guilty of an 16
offence before the court; and 17
(b) the person is found guilty before a Magistrates Court of an 18
offence committed as an adult; 19
the court has concurrent jurisdiction to hear the proceeding or make the 20
order. 21
`(6) For subsection (5), any judicial officer constituting the Magistrates 22
Court may constitute the Childrens Court.'. 23
25 Section 105(2) (When offender must be treated as an adult)
s 36 43 s 36
Juvenile Justice Legislation Amendment
of new s 107A 1
Insertion
Clause 36. After section 107-- 2
insert-- 3
order made as child may be dealt with as adult order 4
`When
`107A.(1) This section applies if-- 5
(a) a sentence order is made against a person as a child (the 6
"childhood sentence order"); and 7
(b) a proceeding arising out of the order is taken before a court after 8
the person becomes an adult. 9
`(2) If the circumstances mentioned in subsection (3) apply, the court 10
may decide to deal with the person as if-- 11
(a) the childhood sentence order were a corresponding adult order 12
made for the offence; and 13
(b) the offence were committed as an adult. 14
`(3) The circumstances are-- 15
(a) the person, for another offence committed as an adult-- 16
(i) is being proceeded against; or 17
(ii) has been sentenced; or 18
(b) more than 1 year has passed after the offender becomes an adult. 19
`(4) The court may declare the childhood sentence order to be a 20
corresponding adult order and make all necessary changes to the childhood 21
sentence order to change it to a corresponding adult order. 22
`(5) The person is then subject to the corresponding sentence order for 23
the proceeding before the court and any further proceedings and orders. 24
`(6) For subsection (2), the Childrens Court may continue the proceeding 25
in its concurrent jurisdiction. 26
`(7) In this section-- 27
"corresponding adult order" to a childhood sentence order, means a type 28
of sentence to which an adult is liable that is similar to the type of the 29
childhood sentence order, for example-- 30
s 37 44 s 39
Juvenile Justice Legislation Amendment
(a) a probation order made under the Penalties and Sentences Act 1
1992 is a corresponding adult order to a probation order made 2
under this Act; and 3
(b) a community service order made under the Penalties and 4
Sentences Act 1992 is a corresponding adult order to a 5
community service order made under this Act.'. 6
of s 110 (Presentence report) 7
Amendment
Clause 37. Section 110(5) to (7)-- 8
omit, insert-- 9
`(5) The chief executive must cause the presentence report to be prepared 10
in documentary form and given to the court promptly. 11
`(6) The report must be given to the court promptly, but need not be 12
given in less than 15 days.'. 13
of s 112 (Disclosure of presentence report) 14
Amendment
Clause 38.(1) Section 112(2), `must'-- 15
omit, insert-- 16
`may'. 17
(2) Section 112-- 18
insert-- 19
`(3) The court may give directions it considers appropriate about a report 20
given to anyone under subsection (1) or (2), including, for example, a 21
direction limiting disclosure and a direction requiring the report's return.'. 22
of s 113 (Finding of guilt as child may be disclosed while 23
Amendment
a child) 24
Clause 39. Section 113(1), all words from `had'-- 25
omit, insert-- 26
`had by a court that subsequently sentences the child for any offence as a 27
child.'. 28
s 40 45 s 41
Juvenile Justice Legislation Amendment
of s 114 (Evidence of childhood finding of guilt not 1
Amendment
admissible against adult) 2
Clause 40.(1) Section 114-- 3
insert-- 4
`(2A) Subsection (1) does not apply to the finding of guilt for a purpose 5
mentioned in subsection (4) if the adult, as a child, was dealt with for a 6
seven year offence and then committed and was dealt with for a seven year 7
offence. 8
`(2B) For an adult mentioned in subsection (3), the finding of guilt is part 9
of the adult's criminal history for a proceeding in which the adult is 10
sentenced for any offence. 11
`(2C) Subsection (3) and (4) apply to the finding of guilt despite the 12
Criminal Law (Rehabilitation of Offenders) Act 1986. 13
`(2D) However, the provisions of the Criminal Law (Rehabilitation of 14
Offenders) Act 1986 applying at the end of a rehabilitation period for a 15
conviction apply as if the finding of guilt were a conviction. 16
`(2E) In this section-- 17
"dealt with", for an offence, includes the following-- 18
(a) being administered a caution for the offence; 19
(b) making a community conference agreement for the offence; 20
(c) dealt with on a finding of guilt.'. 21
(2) Section 114(2A) to (3)-- 22
renumber as section 114(3) to (8). 23
of new s 114A 24
Insertion
Clause 41. After section 114-- 25
insert-- 26
cautions and community conference agreements 27
`Particular
admissible as part of person's criminal history 28
`114A.(1) A caution administered to a person may be considered as part 29
of the person's criminal history in a proceeding in which-- 30
s 42 46 s 43
Juvenile Justice Legislation Amendment
(a) the person is sentenced for an offence; and 1
(b) the caution is a disclosable caution. 2
`(2) A community conference agreement made by a person for an 3
offence committed by the person may be considered as part of the person's 4
criminal history in a proceeding in which-- 5
(a) the person is sentenced for an offence; and 6
(b) the agreement is a disclosable community conference 7
agreement.'. 8
of s 119 (Copy of court order to be given to child, parent 9
Amendment
and chief executive) 10
Clause 42.(1) Section 119, heading-- 11
omit, insert-- 12
`Copy of court order to be given to child, parent etc.'. 13
(2) Section 119(1)(b)(iii)-- 14
omit, insert-- 15
`(iii) the chief executive, and, if the child is a detainee, the 16
commission.'. 17
of new pt 5, div 1A 18
Insertion
Clause 43. Part 5-- 19
insert-- 20
`Division 1A--Court referred community conferences before sentencing 21
to community conference by court 22
`Reference
`119A.(1) This section applies if a finding of guilt for an offence is made 23
against a child before a court. 24
`(2) The court may refer the offence to a community conference, if-- 25
(a) the victim consents, if there was a victim of the offence; and 26
s 43 47 s 43
Juvenile Justice Legislation Amendment
(b) the court considers-- 1
(i) the offence may be appropriately dealt with by a community 2
conference without the court making a sentence order; or 3
(ii) referral to a community conference would help the court in 4
making an appropriate sentence order; and 5
(c) the court considers a community conference convenor will be 6
available for the community conference. 7
`(3) On making the referral the court may-- 8
(a) give directions it considers appropriate to the child, the convenor 9
of the conference and anyone else who may participate in the 10
conference; and 11
(b) adjourn the proceeding for the offence. 12
an agreement is made on an indefinite referral by a court 13
`If
`119B.(1) This section applies if a community conference agreement is 14
made on referral by a court that considered the offence may be appropriately 15
dealt with by a community conference without the court making a sentence 16
order. 17
`(2) The community conference convenor must give notice to the court's 18
proper officer that the agreement was made. 19
`(3) A notice under subsection (2)-- 20
(a) brings the court proceeding for the offence to an end; and 21
(b) the child is then not liable to be further prosecuted for the offence. 22
`(4) On the giving of the notice, the child is taken to have been found 23
guilty by the court of the offence without a conviction being recorded. 24
of proper officer if indefinite referral is unsuccessful or if 25
`Powers
child contravenes agreement made on court's indefinite referral 26
`119C.(1) This section applies if-- 27
(a) a court refers an offence to a community conference on 28
considering the offence may be appropriately dealt with by a 29
s 43 48 s 43
Juvenile Justice Legislation Amendment
community conference without the court making a sentence 1
order; and 2
(b) a circumstance mentioned in subsection (2) happens. 3
`(2) The circumstances are-- 4
(a) the child fails to attend the conference as directed by the court; or 5
(b) the community conference ends without an agreement being 6
made; or 7
(c) a community conference agreement is made and the child 8
contravenes the agreement. 9
`(3) The court's proper officer may-- 10
(a) take no action; or 11
(b) refer the offence to another community conference, with or 12
without the same convenor; or 13
(c) bring the charge for the offence back on before the court for 14
sentencing. 15
`(4) For subsection (3)(c), the proper officer must give notice to the child 16
and the chief executive that the proceeding for the offence is to be heard by 17
the court on a specified day. 18
`(5) If requested by the proper officer, the commissioner of the police 19
service must help the proper officer give the notice. 20
`(6) If the proceeding for the offence was previously brought to an end 21
by a notice under section 119B(2),26 a notice under subsection (4)-- 22
(a) restarts the proceeding from when it was brought to an end; and 23
(b) the child is then liable to be sentenced for the offence. 24
`(7) In making a sentence order for the offence, the court must 25
consider-- 26
(a) any participation by the child in the community conference; and 27
(b) if an agreement is made-- 28
26 Section 119B(2) (If an agreement is made on an indefinite referral by a court)
s 44 49 s 44
Juvenile Justice Legislation Amendment
(i) the agreement; and 1
(ii) anything done by the child under the agreement. 2
an agreement is made on a referral by a court before sentence 3
`If
`119D.(1) This section applies if a community conference agreement is 4
made on referral by a court because the court considered referral to a 5
community conference would help the court in making an appropriate 6
sentence order for the offence. 7
`(2) In making a sentence order for the offence, the court must 8
consider-- 9
(a) the child's participation in the community conference; and 10
(b) the agreement; and 11
(c) anything done by the child under the agreement; and 12
(d) a convenor's report under section 18E(6).27 13
`(3) A court may impose a requirement on the child under the sentence 14
order or in addition to the sentence order, even if the requirement is also a 15
requirement of the agreement.'. 16
of s 120 (Sentence orders--general) 17
Amendment
Clause 44.(1) Section 120(1)(e)(i), `60'-- 18
omit, insert-- 19
`100'. 20
(2) Section 120(1)(e)(ii), `120'-- 21
omit, insert-- 22
`200'. 23
(3) Section 120(1)(f)-- 24
omit, insert-- 25
`(f) order that the child be detained for a period not more than-- 26
27 Section 18E(6) (Conduct of community conference)
s 45 50 s 45
Juvenile Justice Legislation Amendment
(i) if the court is not constituted by a judge--1 year; or 1
(ii) if the court is constituted by a judge and section 12128 does 2
not apply--the shorter period of the following-- 3
(A) half the maximum term of imprisonment that an adult 4
convicted of the offence could be ordered to serve; 5
(B) 5 years.'. 6
(4) Section 120(2)-- 7
omit, insert-- 8
`(2) A court may make an order for a child's detention under 9
subsection (1)(f) with or without an immediate release order under 10
section 176.29'. 11
of s 121 (Sentence orders--serious offences) 12
Amendment
Clause 45.(1) Section 121(2)-- 13
omit, insert-- 14
`(2) For a serious offence other than a life offence, the court may order 15
the child to be detained for a period not more than 7 years.'. 16
(2) Section 121(3), `a period not longer than'-- 17
omit. 18
(3) Section 121(3)(a)-- 19
omit, insert-- 20
`(a) a period not more than 10 years; or'. 21
(4) Section 121(3)(b), `14 years'-- 22
omit, insert-- 23
`a period up to and including the maximum of life,'. 24
28 Section 121 (Sentence orders--serious offence)
29 Section 176 (Immediate release order)
s 46 51 s 46
Juvenile Justice Legislation Amendment
(5) Section 121(4)-- 1
renumber as subsection (5). 2
(6) Section 121-- 3
insert-- 4
`(4) A court may make an order for a child's detention under 5
subsection (2) or (3) with or without an immediate release order under 6
section 176.30'. 7
of new ss 121A-121C 8
Insertion
Clause 46. After section 121-- 9
insert-- 10
than 1 type of order may be made for a single offence 11
`More
`121A. A court may make more than 1 type of sentence order for a 12
single offence, subject to sections 121B and 121C.31 13
of probation order and community service order 14
`Combination
`121B.(1) If a court makes both a probation order and a community 15
service order against a child for a single offence (the "original offence"), 16
the court-- 17
(a) must make separate orders; and 18
(b) must not impose one of the orders as a requirement of the other 19
order. 20
`(2) If the child contravenes a requirement of either the probation order or 21
the community service order after the orders are made and is resentenced 22
for the original offence, the other order is discharged. 23
30 Section 176 (Immediate release order)
31 Sections 121B (Combination of probation order and community service order)
and 121C (Combination of detention order and probation order)
s 47 52 s 49
Juvenile Justice Legislation Amendment
of detention order and probation order 1
`Combination
`121C.(1) This section applies if a court makes both a detention order 2
and a probation order against a child for a single offence. 3
`(2) The court may make the detention order only for a maximum period 4
of 6 months and may not make an immediate release order. 5
`(3) The probation order may only be for a maximum period ending 6
1 year after release from detention under the detention order. 7
`(4) The requirements of the probation order only start when the child is 8
released from detention.'. 9
of s 122 (Other orders) 10
Amendment
Clause 47. Section 122-- 11
insert-- 12
`(c) an order allowed by division 9A.32'. 13
of s 124 (Recording of conviction) 14
Amendment
Clause 48. Section 124(2), after `order'-- 15
insert-- 16
`only'. 17
of new s 131A 18
Insertion
Clause 49. After section 131-- 19
insert-- 20
officer's application on breach 21
`Proper
`131A.(1) This section applies if a child who is ordered to pay a fine for 22
an offence fails to pay all the fine within the time allowed for payment. 23
`(2) The proper officer may apply to the court to cancel the fine order and 24
make a community service order against the child. 25
32 Division 9A (Order for identifying particulars to be taken)
s 49 53 s 49
Juvenile Justice Legislation Amendment
`(3) The proper officer must give notice of the application to-- 1
(a) the child; and 2
(b) a parent of the child, unless a parent can not be found after 3
reasonable inquiry; and 4
(c) the chief executive. 5
`(4) If the court is satisfied that the child has not paid an amount of the 6
fine within the time allowed, the court may-- 7
(a) take no action; or 8
(b) extend the time for paying the amount; or 9
(c) cancel the fine order and resentence the child by making a 10
community service order against the child. 11
`(5) The community service hours under the community service order 12
must be calculated using the following formula-- 13
unpaid amount of fine x 8 14
1 penalty unit. 15
`(6) However, the community service hours calculated using the formula 16
must not be more than that permitted under section 120(1)(e) or 151.33 17
`(7) If the hours calculated under the formula are less than that permitted 18
by section 151, the court may not make an order under subsection (4)(c). 19
`(8) If the hours calculated under the formula are more than that 20
permitted by section 120(1)(e) or 151, the court may only make an order 21
for the maximum hours permitted. 22
`(9) The community service order is a community service order under 23
section 120(1)(e). 24
`(10) In this section-- 25
"parent", of a child, includes someone who is apparently a parent of the 26
child.'. 27
33 Section 120(1)(e) (Sentence orders--general) or 151 (Limitation on number of
hours of community service)
s 50 54 s 53
Juvenile Justice Legislation Amendment
of s 134 (Chief executive's application on breach) 1
Amendment
Clause 50.(1) Section 134(5)-- 2
omit, insert-- 3
`(5) A copy of the complaint must be served on a parent of the child, 4
unless a parent can not be found after reasonable inquiry.'. 5
(2) Section 134-- 6
insert-- 7
`(8) In this section-- 8
"parent", of a child, includes someone who is apparently a parent of the 9
child.'. 10
of s 141 (Variation, discharge and resentence in the 11
Amendment
interests of justice) 12
Clause 51. Section 141(4)-- 13
omit. 14
of s 149 (Community service to be performed within 15
Amendment
limited period) 16
Clause 52. Section 149(a), `6 months'-- 17
omit, insert-- 18
`1 year'. 19
of s 153 (Chief executive's application on breach) 20
Amendment
Clause 53.(1) Section 153(4)-- 21
omit, insert-- 22
`(4) A copy of the complaint must be served on a parent of the child, 23
unless a parent can not be found after reasonable inquiry.'. 24
s 54 55 s 57
Juvenile Justice Legislation Amendment
(2) Section 153-- 1
insert-- 2
`(7) In this section-- 3
"parent", of a child, includes someone who is apparently a parent of the 4
child.'. 5
of s 156 (Specific powers if breach proved) 6
Amendment
Clause 54. Section 156(1)(b), `6 months'-- 7
omit, insert-- 8
`1 year'. 9
of s 158 (Variation, discharge and resentence in the 10
Amendment
interests of justice) 11
Clause 55. Section 158(4)-- 12
omit. 13
of s 167 (Detention to be served in detention centre) 14
Amendment
Clause 56. Section 167(2), `determined by the chief executive'-- 15
omit, insert-- 16
`decided by the commission'. 17
of s 171 (Limitation on cumulative orders) 18
Amendment
Clause 57.(1) Section 171(1)(a), `6 months'-- 19
omit, insert-- 20
`1 year'. 21
(2) Section 171(1)(b), `2 years'-- 22
omit, insert-- 23
`7 years'. 24
s 58 56 s 59
Juvenile Justice Legislation Amendment
of new s 172A 1
Insertion
Clause 58. After section 172-- 2
insert-- 3
for variation of detention order in interests of justice 4
`Application
`172A.(1) This section applies to a child who-- 5
(a) escapes from detention under a detention order for an offence (the 6
"original" order and offence); and 7
(b) is held in custody in another State for another offence committed 8
in the other State or on a charge of an offence allegedly 9
committed in the other State (the "interstate custody"). 10
`(2) An application may be made at any time to the court that made the 11
original order to change the original order in the interests of justice. 12
`(3) The application may be made by the child or the commission, acting 13
in the interests of the child. 14
`(4) If the application is not made by the commission, notice of the 15
application must be given to the commission. 16
`(5) On the application the court may-- 17
(a) take no action; or 18
(b) order all or part of the period of interstate custody to be a period 19
of detention taken to have been served under the original order. 20
`(6) An order under subsection (5)(b) has effect even if the period of 21
interstate custody is required to be served, concurrently or cumulatively, 22
with a period of custody imposed because of an offence, other than the 23
original offence, committed in Queensland or elsewhere.'. 24
of s 173 (Multiple orders of detention and imprisonment 25
Amendment
against person as adult and child) 26
Clause 59. Section 173(4)-- 27
omit, insert-- 28
`(4) The commission may arrange for the person to serve all or part of 29
the term of imprisonment in a detention centre.'. 30
s 60 57 s 61
Juvenile Justice Legislation Amendment
of new pt 5, div 7, subdiv 4 1
Insertion
Clause 60. Part 5, division 7-- 2
insert-- 3
4--Parole for life sentences 4
`Subdivision
of subdiv 4 5
`Application
`191A. This subdivision applies to a child who is sentenced to detention 6
for life. 7
of parole provisions 8
`Application
`191B.(1) The Corrective Services Act 1988, part 4,34 applies to the child. 9
`(2) For subsection (1), a reference in the part to a prisoner serving a 10
term of imprisonment for life is taken to include the child.'. 11
of new pt 5, div 9A 12
Insertion
Clause 61. Part 5-- 13
insert-- 14
9A--Order for identifying particulars to be taken 15
`Division
may order sentenced child's identifying particulars to be taken 16
`Court
`194A.(1) This section applies if a child is found guilty before a court of 17
an indictable offence or an offence against any of the following Acts-- 18
(a) the Criminal Code; 19
(b) the Drugs Misuse Act 1986; 20
(c) the Police Service Administration Act 1990; 21
(d) the Regulatory Offences Act 1985; 22
(e) the Vagrants, Gaming and Other Offences Act 1931; 23
34 Corrective Services Act 1988, part 4 (Parole)
s 62 58 s 62
Juvenile Justice Legislation Amendment
(f) the Weapons Act 1990. 1
`(2) The court, in addition to making a sentence order against the child, 2
may make an order that the child's identifying particulars be taken. 3
`(3) If the child will not be in custody when the particulars are to be 4
taken, the order must require the child to report to a police station as directed 5
under the order to have them taken. 6
`(4) A child must not contravene the order. 7
Maximum penalty--10 penalty units 8
`(5) A child who commits an offence against subsection (4) may be 9
arrested without warrant. 10
`(6) If the child will be in custody when the particulars are to be taken, 11
the order must require them to be taken at the place the child is held in 12
custody. 13
`(7) A police officer may use reasonable force to take the particulars 14
under the order. 15
`(8) In this section-- 16
"identifying particulars" means fingerprints and palmprints.'. 17
of s 197 (Notice to parent of child offender) 18
Amendment
Clause 62.(1) Section 197(1)-- 19
omit, insert-- 20
`197.(1) This section applies if it appears to a court, on the evidence or 21
submissions in a case against a child found guilty of a personal or property 22
offence, that-- 23
(a) compensation for the offence should be paid to anyone; and 24
(b) a parent of the child may have contributed to the fact the offence 25
happened by not adequately supervising the child; and 26
(c) it is reasonable that the parent should be ordered to pay 27
compensation for the offence. 28
`(1A) The court may decide to call on a parent of the child to show cause, 29
as directed by the court, why the parent should not pay the compensation. 30
s 63 59 s 63
Juvenile Justice Legislation Amendment
`(1B) The court may act under subsection (2) on its own initiative or on 1
the prosecution's application.'. 2
(2) Section 197-- 3
insert-- 4
`(5A) A proceeding under this section or section 19835 is a civil 5
proceeding and a court may make an order for the costs of the proceeding. 6
`(5B) In this section-- 7
"compensation" for the offence means compensation for-- 8
(a) loss caused to a person's property whether the loss was an 9
element of the offence charged or happened in the course of the 10
commission of the offence; or 11
(b) injury suffered by a person, whether as the victim of the offence 12
or otherwise, because of the commission of the offence.'. 13
(3) Section 197(1A) to (5B)-- 14
renumber as section 197(2) to (9). 15
of s 198 (Show cause hearing) 16
Amendment
Clause 63.(1) Section 198(5)-- 17
omit, insert-- 18
`(5) If, on consideration of the evidence and submissions mentioned in 19
subsection (1)(a) and (b), a court is satisfied of the matters mentioned in 20
section 197(1)(a),(b) and (c),36 the court may make an order requiring the 21
parent to pay compensation. 22
`(5A) The court is to make its decision on the balance of probabilities. 23
`(5B) The maximum amount of compensation payable under an order is 24
67 penalty units.'. 25
35 Section 198 (Show cause hearing)
36 Section 197(1)(a), (b) and (c) (Notice to parent of child offender)
s 64 60 s 66
Juvenile Justice Legislation Amendment
(2) Section 198-- 1
insert-- 2
`(10) To remove doubt, it is declared that the commission can not be 3
ordered to pay compensation under subsection (5).'. 4
(3) Section 198(5A) to (10)-- 5
renumber as section 198(6) to (12). 6
of s 199 (Recovery of unpaid compensation amounts) 7
Amendment
Clause 64.(1) Section 199(1) and (2)-- 8
omit, insert-- 9
`199.(1) An amount of compensation ordered to be paid under 10
section 198,37 and any amount of costs ordered to be paid, is a debt owed 11
by the parent to the person in whose favour the order is made.'. 12
(2) Section 199(3) and (4)-- 13
renumber as section 199(2) and (3). 14
of s 202 (Chief executive to establish programs and services) 15
Omission
Clause 65. Section 202-- 16
omit. 17
of s 203 (Management of detention centres) 18
Amendment
Clause 66.(1) Section 203, `chief executive'-- 19
omit, insert-- 20
`commission'. 21
(2) Section 203(2), after `for example'-- 22
insert-- 23
`, rules,'. 24
37 Section 198 (Show cause hearing)
s 67 61 s 71
Juvenile Justice Legislation Amendment
of s 205 (Functions, powers and duties of official visitor) 1
Amendment
Clause 67. Section 205, `chief executive'-- 2
omit, insert-- 3
`commission'. 4
of s 206 (Directions to official visitor on security) 5
Amendment
Clause 68. Section 206, `chief executive'-- 6
omit, insert-- 7
`commission'. 8
of s 207 (Where children to be detained) 9
Amendment
Clause 69.(1) Section 207(1), `chief executive must determine'-- 10
omit, insert-- 11
`commission must decide'. 12
(2) Section 207(2), `chief executive'-- 13
omit, insert-- 14
`commission'. 15
of s 208 (Authority for admission to detention centre) 16
Amendment
Clause 70. Section 208, `chief executive'-- 17
omit, insert-- 18
`commission'. 19
of s 210 (Leave of absence) 20
Amendment
Clause 71. Section 210, `chief executive'-- 21
omit, insert-- 22
`commission'. 23
s 72 62 s 73
Juvenile Justice Legislation Amendment
of s 211 (Childrens Court may order transfer to prison) 1
Amendment
Clause 72.(1) Section 211(1)-- 2
omit, insert-- 3
`211.(1) Subject to subsection (2), a person serving a period of detention 4
under a detention order, or the commission, may apply to a Childrens Court 5
Judge for an order that the unserved part of the period of detention be 6
served as a term of imprisonment.'. 7
(2) Section 211(4), `remainder'-- 8
omit, insert-- 9
`unserved part'. 10
(3) Section 211(5) and (6)-- 11
omit, insert-- 12
`(5) The Corrective Services Act 1988 applies to a person imprisoned 13
under the order. 14
`(6) However, the person may only, and must, be released on parole on 15
the day the person would have been released under a fixed release order if 16
the order under subsection (1) had not been made, unless the person-- 17
(a) is released under the Corrective Services Act 1988, section 166(4) 18
or (5);38 or 19
(b) is required to be held in custody for another reason.'. 20
of s 212 (Chief executive may authorise treatment) 21
Amendment
Clause 73.(1) Section 212, `chief executive'-- 22
omit, insert-- 23
`commission'. 24
(2) Section 212, `chief executive's'-- 25
`commission's'. 26
38 Corrective Services Act 1988, section 166(4) or (5) (Eligibility for parole)
s 74 63 s 75
Juvenile Justice Legislation Amendment
of s 213 (Ordinary visitor) 1
Amendment
Clause 74.(1) Section 213, `chief executive'-- 2
omit, insert-- 3
`commission'. 4
(2) Section 213(3)(a), `chief executive's'-- 5
omit, insert-- 6
`commission's'. 7
(3) Section 213(5) to (7)-- 8
omit, insert-- 9
`(5) The commission may, on reasonable grounds, ask a visitor to a 10
detention centre-- 11
(a) to submit to an external physical search by a member of the staff 12
of the detention centre; or 13
(b) to submit anything in the visitor's possession to a search by a 14
member of the staff of the detention centre. 15
`(6) The commission may give a visitor who has entered a detention 16
centre a direction it considers necessary for the security or good order of the 17
centre. 18
`(7) If a visitor refuses to submit to a search requested under 19
subsection (5) or fails to comply with a direction under subsection (6), the 20
commission may ask the visitor to leave the centre immediately.'. 21
of s 215 (Complaints generally) 22
Amendment
Clause 75. Section 215, `chief executive'-- 23
omit, insert-- 24
`commission'. 25
s 76 64 s 80
Juvenile Justice Legislation Amendment
of s 216 (Official visitor to hear and investigate 1
Amendment
complaints) 2
Clause 76. Section 216, `chief executive'-- 3
omit, insert-- 4
`commission'. 5
of s 220 (Search warrant) 6
Amendment
Clause 77. Section 220, `chief executive'-- 7
omit, insert-- 8
`commission'. 9
of s 221 (Warrants may be granted by telephone, 10
Amendment
facsimile, radio etc.) 11
Clause 78. Section 221(1), `chief executive'-- 12
omit, insert-- 13
`commission'. 14
of s 222 (Offences relating to detention centres) 15
Amendment
Clause 79. Section 222(1)(b) and (c), `chief executive'-- 16
omit, insert-- 17
`commission'. 18
of s 223 (Child of detainee may be accommodated in 19
Amendment
detention centre) 20
Clause 80. Section 223, `chief executive'-- 21
omit, insert-- 22
`commission'. 23
s 81 65 s 82
Juvenile Justice Legislation Amendment
of new ss 224A and 224B 1
Insertion
Clause 81. Part 7, after section 224-- 2
insert-- 3
and services for children 4
`Programs
`224A.(1) The chief executive must establish-- 5
(a) programs and services necessary to give effect to any order or 6
direction under this Act; and 7
(b) programs and services to support, help, and reintegrate into the 8
community children who have committed offences. 9
`(2) Subsection (1) does not apply to programs and services the 10
commission has a function to develop and administer under the Corrective 11
Services (Administration) Act 1988, section 18.39 12
`(3) Without limiting subsection (1), the chief executive must decide the 13
activities that are to comprise community service for every community 14
service order. 15
`(4) The chief executive may establish any other programs and services 16
for children who have committed offences. 17
may help in keeping child in custody 18
`Police
`224B. Nothing in this Act stops the commissioner of the police service 19
entering into arrangements with the commission under which the 20
commissioner holds a child in custody for the commission.'. 21
of s 225 (Parent entitled to know of whereabouts of child 22
Amendment
in custody) 23
Clause 82.(1) Section 225(1), `chief executive'-- 24
omit, insert-- 25
`commission'. 26
39 Corrective Services (Administration) Act 1988, section 18 (Functions of
commission)
s 83 66 s 85
Juvenile Justice Legislation Amendment
(2) Section 225(2)-- 1
omit, insert-- 2
`(2) The commission on request must give the information to the parent 3
if the child is in the commission's custody, or the commission knows 4
where the child is.'. 5
of s 227 (Delegation by chief executive) 6
Replacement
Clause 83. Section 227-- 7
omit, insert-- 8
form 9
`Approved
`227. A form may be approved for use under a provision of this Act-- 10
(a) for a provision administered through the commission--by the 11
commission; or 12
(b) for a provision administered through a department--by the 13
department's chief executive.'. 14
of s 228 (Evidence) 15
Amendment
Clause 84. Section 228(2)-- 16
omit, insert-- 17
`(2) It is unnecessary to prove the appointment of a department's chief 18
executive, an officer of the public service, an officer of the commission, an 19
official visitor or anyone appointed under this Act.'. 20
of s 229 (Proceeding for offence) 21
Amendment
Clause 85. Section 229(2)-- 22
omit, insert-- 23
`(2) In a proceeding for an offence against this Act, a police officer, an 24
officer of the public service or an officer of the commission may appear for 25
the prosecution even though not a complainant or arresting officer. 26
s 86 67 s 86
Juvenile Justice Legislation Amendment
`(3) A reference in this Act to a legal practitioner acting for a party 1
includes anyone appearing for the prosecution under subsection (2).'. 2
of s 234 (Transitional provisions) 3
Replacement
Clause 86. Section 234-- 4
omit, insert-- 5
delegations saved by Juvenile Justice Legislation 6
`Transitional
Amendment Act 1996 7
`234.(1) Despite any specified invalidity, it is declared a transitional 8
delegation was or is in effect until cancelled-- 9
(a) before the commencement of the amendment Act--by a chief 10
executive; or 11
(b) after the commencement of the amendment Act-- 12
(i) by a chief executive, if the chief executive has power to 13
make a delegation of the type cancelled; or 14
(ii) by the commission, if the commission has power to make a 15
delegation of the type cancelled. 16
`(2) A delegation is a "transitional delegation" if it is-- 17
(a) a delegation in effect immediately before the first administrative 18
order took effect, whether the delegation was made under 19
section 22740 or under the Family Services Act 1987, section 1041 20
that, if subsection (1) did not apply, would have become 21
ineffective because of the order; or 22
(b) a delegation made by the director-general, Department of Justice 23
that, if subsection (1) did not apply, would have been ineffective 24
because it was made to an officer of the public service other than 25
an officer of the Department of Justice; or 26
(c) a delegation made by a chief executive before the making of a 27
later administrative order that, if subsection (1) did not apply, 28
40 Section 227 (Delegation by chief executive)
41 Family Services Act 1987, section 10 (Delegation, and exercise of powers on
behalf of chief executive)
s 86 68 s 86
Juvenile Justice Legislation Amendment
would have become ineffective because it was of a type that after 1
the order could not be made by the chief executive; or 2
(d) a delegation made by a chief executive before the commencement 3
of the amendment Act that, if subsection (1) did not apply, would 4
become ineffective because it was of a type that on the 5
commencement of the amendment Act could not be made by the 6
chief executive. 7
`(3) This section is-- 8
(a) to remove doubt; and 9
(b) expires on the 31 December 1996; and 10
(c) is a section to which the Acts Interpretation Act 1954, 11
section 20A42 applies. 12
`(4) In this section-- 13
"amendment Act" means the Juvenile Justice Legislation Amendment Act 14
1996. 15
"chief executive" means-- 16
(a) the director-general of the Department of Justice; or 17
(b) the director-general of the Department of Families, Youth and 18
Community Care. 19
"delegation" means a delegation or purported delegation of a power 20
provided by this Act. 21
"first administrative order" means the Administrative Arrangements 22
Order (No. 2) 1996. 23
"later administrative order" means-- 24
(a) the Administrative Arrangements Amendment Order (No. 1) 25
1996; or 26
(b) another administrative arrangements order or amendment order 27
made before this section expires. 28
42 Acts Interpretation Act 1954, section 20A (Repeal does not end saving,
transitional or validating effect etc.)
s 86 69 s 86
Juvenile Justice Legislation Amendment
"specified invalidity" means an invalidity affecting a transitional delegation 1
and mentioned in subsection (2) in relation to the delegation. 2
orders and decisions saved by Juvenile Justice 3
`Transitional
Legislation Amendment Act 1996 4
`235.(1) Despite a specified invalidity, a transitional order or decision is 5
declared to have been, and is, in effect. 6
`(2) An order or decision is a "transitional order or decision" if it is an 7
order or decision made after 25 February 1996 that, if subsection (1) did not 8
apply, would be invalid because it mentions one transitional department 9
instead of another transitional department. 10
`(3) The order or decision is taken to have referred to, and to refer to, the 11
department that was required to be mentioned if the order or decision was to 12
be in effect. 13
`(4) This section is-- 14
(a) to remove doubt; and 15
(b) expires on the 31 December 1996; and 16
(c) is a section to which the Acts Interpretation Act 1954, 17
section 20A43 applies. 18
`(5) In this section-- 19
"order or decision" means an order or decision, or purported order or 20
decision, of a court under this Act. 21
"specified invalidity" means an invalidity affecting a transitional order or 22
decision and mentioned in subsection (2) in relation to the order or 23
decision. 24
"transitional department" means-- 25
(a) the Department of Family Services and Aboriginal and Islander 26
Affairs; or 27
43 Acts Interpretation Act 1954, section 20A (Repeal does not end saving,
transitional or validating effect etc.)
s 86 70 s 86
Juvenile Justice Legislation Amendment
(b) the Department of Families, Youth and Community Care; or 1
(c) the Department of Justice. 2
of Act to matters before Juvenile Justice Legislation 3
`Application
Amendment Act 1996 4
`236.(1) This Act as amended by a provision of the amendment Act 5
applies to an offence committed, and proceeding started, before the 6
commencement of the provision. 7
`(2) However-- 8
(a) a person can not be sentenced more severely for an offence 9
committed before the commencement of a provision of the 10
amendment Act than would have been the case if the provision 11
had not been enacted; and 12
(b) a caution administered before the commencement of 13
section 18N44 or 18O45 can not be disclosed to a court or anyone 14
after the commencement of the section if the disclosure could not 15
have been made if the section had not been enacted. 16
(c) a parent of a child can not be ordered under section 19846 to pay 17
compensation for an offence committed by the child before the 18
commencement of section 63 of the amendment Act that the 19
parent could not have been ordered to pay before the 20
commencement. 21
`(3) Subsection (2)(a) is about punishment level and does not stop a 22
court making orders against anyone of a type or number only available 23
because of the amendment Act. 24
(4) In this section-- 25
"amendment Act" means the Juvenile Justice Legislation Amendment Act 26
1996.'. 27
44 Section 18N (Disclosable caution and community conference agreement--later
childhood offence)
45 Section 18O (Disclosable caution and community conference agreement--later
adulthood offence)
46 Section 198 (Show cause hearing)
s 87 71 s 89
Juvenile Justice Legislation Amendment
of sch 1 (Regulation making power) 1
Amendment
Clause 87.(1) Schedule 1, items 2 to 12-- 2
renumber as items 3 to 13. 3
(2) Schedule 1, after item 1-- 4
insert-- 5
`2. All matters concerning community conferences, including-- 6
(a) convening and conduct of a community conference; and 7
(b) reports to be given by a community conference convenor; and 8
(c) time for completing a community conference; and 9
(d) regulating contents of community conference agreements; and 10
(e) keeping of names of persons approved as community conference 11
convenors and information about community conferences.'. 12
of sch 2 (Transitional provisions) 13
Omission
Clause 88. Schedule 2-- 14
omit. 15
ART 3--AMENDMENT OF CORRECTIVE 16
P
SERVICES (ADMINISTRATION) ACT 1988 17
amended in pt 3 18
Act
Clause 89. This part amends the Corrective Services (Administration) Act 1988. 19
s 90 72 s 92
Juvenile Justice Legislation Amendment
of s 6 (Interpretation) 1
Replacement
Clause 90. Section 6-- 2
omit, insert-- 3
4
`Dictionary
`6. The dictionary in the schedule defines particular words used in this 5
Act.47'. 6
of s 18 (Functions of commission) 7
Amendment
Clause 91.(1) Section 18(2)(c), after `persons'-- 8
insert-- 9
`who, under the Corrective Services Act 1988, are' 10
(2) Section 18(2)-- 11
insert-- 12
`(e) must develop and administer programs and services necessary to 13
give effect to orders or directions under the Juvenile Justice Act 14
1992 about detainees; and 15
(f) must develop and administer programs and services to support, 16
help, and reintegrate into the community detainees.'. 17
of s 19 (Powers of commission) 18
Amendment
Clause 92.(1) Section 19(2)(b), `and prisoners, and for persons'-- 19
omit, insert-- 20
`, prisoners and detainees and for persons who, under the Corrective 21
Services Act 1988, are'. 22
(2) Section 19(2)(e) and (f), after `this Act'-- 23
insert-- 24
`, the Juvenile Justice Act 1992'. 25
47 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14.
s 93 73 s 95
Juvenile Justice Legislation Amendment
(3) Section 19(2)(g), `prisoners or persons'-- 1
omit, insert-- 2
`prisoners, detainees or persons who, under the Corrective Services Act 3
1988, are'. 4
of s 20 (Rules) 5
Amendment
Clause 93. Section 20-- 6
insert-- 7
`(7) The commission can not make rules under this section for detention 8
centres, detainees or the conduct of the commission's officers in relation to 9
detention centres or detainees. 10
`(8) The commission's power to make rules for detention centres, 11
detainees or the conduct of the commission's officers in relation to 12
detention centres and detainees is stated in the Juvenile Justice Act 1992, 13
section 203.48'. 14
of s 30 (Custody of seal; authentication of documents) 15
Amendment
Clause 94. Section 30(5), ` or the Corrective Services Act 1988'-- 16
omit, insert-- 17
`, the Juvenile Justice Act 1992 or the Corrective Services Act 1988'. 18
of s 32 (Disclosure of interest) 19
Amendment
Clause 95.(1) Section 32, `prisoner'-- 20
omit, insert-- 21
`prisoner, detainee'. 22
(2) Section 32, `prisoners'-- 23
`prisoners, detainees'. 24
48 Juvenile Justice Act 1992, section 203 (Management of detention centres)
s 96 74 s 96
Juvenile Justice Legislation Amendment
(3) Section 32(7), after `a person'-- 1
insert-- 2
`who, under the Corrective Services Act 1988, is'. 3
of ss 34 to 38 4
Replacement
Clause 96.(1) Sections 34 to 38-- 5
omit, insert-- 6
officers of commission 7
`Other
`34.(1) The commission may employ persons it considers necessary or 8
convenient for the administration of this Act, the Corrective Services Act 9
1988 or for the commission's functions and powers under any Act. 10
`(2) Employment by the commission is to be-- 11
(a) on salary or wages; or 12
(b) under a contract. 13
`(3) The employment conditions of a person employed on salary and 14
wages are decided by the commission, subject to any applicable industrial 15
award. 16
`(4) The employment conditions of a person employed under a contract 17
are the contract conditions agreed between the commission and the person 18
and industrial awards do not apply. 19
`(5) In this section-- 20
"industrial award" includes an industrial or other agreement under the 21
Industrial Relations Act 1990 and any decision about employment 22
conditions under that Act. 23
schemes 24
`Superannuation
`35.(1) The commission may-- 25
(a) establish or amend superannuation schemes; or 26
(b) join in establishing or amending superannuation schemes; or 27
(c) take part in superannuation schemes. 28
s 97 75 s 98
Juvenile Justice Legislation Amendment
`(2) The auditor-general may audit the schemes. 1
`(3) Subsection (2) is subject to the Financial Administration and Audit 2
Act 1977, part 6.49'. 3
(2) The Acts Interpretation Act 1954, section 20A,50 applies to 4
provisions, omitted by subsection (1), about persons who, immediately 5
before the commencement of this section, were officers of the commission 6
under section 34(3) as it existed at that time. 7
(3) Subsection (2) and this subsection expire the day after they 8
commence. 9
of s 43 (Discipline) 10
Amendment
Clause 97. Section 43(1)(c)-- 11
omit, insert-- 12
`(c) a contravention of a code of conduct under section 20(2)51 or a 13
rule, direction, code, standard or guideline under the Juvenile 14
Justice Act 1992, section 203(2);52'. 15
of s 45 (Suspension) 16
Amendment
Clause 98. Section 45(1)(a), `prison'-- 17
omit, insert-- 18
`prison or detention centre'. 19
49 Financial Administration and Audit Act 1977, part 6 (Audit of public accounts and
public sector entities)
50 Acts Interpretation Act 1954, section 20A (Repeal does not end saving,
transitional or validating effect etc.)
51 Section 20(2) (Rules)
52 Juvenile Justice Act 1992, section 203(2) (Management of detention centres)
s 99 76 s 101
Juvenile Justice Legislation Amendment
of ss 51 to 60-- 1
Replacement
Clause 99. Sections 51 to 60-- 2
omit, insert-- 3
to be maintained 4
`Funds
`51.(1) The commission must maintain-- 5
(a) a prisoners trust fund; and 6
(b) a detainees trust fund. 7
`(2) All amounts received by a commission officer for a prisoner must 8
be paid into the prisoners trust fund. 9
`(3) All amounts received by a commission officer for a detainee must 10
be paid into the detainees trust fund.'. 11
of s 61 (Secrecy) 12
Amendment
Clause 100. Section 61(1)(a), after `Act'-- 13
insert-- 14
`or the Juvenile Justice Act 1992'. 15
of s 63 (Commission deemed to be owner of property) 16
Amendment
Clause 101.(1) Section 63(1)(a), `prison'-- 17
omit, insert-- 18
`prison, detention centre'. 19
(2) Section 63(1)(b), `prisoners or persons'-- 20
omit, insert-- 21
`prisoners, detainees or persons, who, under the Corrective Services Act 22
1988 are,'. 23
s 102 77 s 103
Juvenile Justice Legislation Amendment
of s 70 (Annual report) 1
Amendment
Clause 102. Section 70(1), `and the Corrective Services Act 1988'-- 2
omit, insert-- 3
`, the Corrective Services Act 1988 and the Juvenile Justice Act 1992'. 4
of new pt 6 and schedule 5
Insertion
Clause 103. After section 72-- 6
insert-- 7
`PART 6--TRANSITIONAL 8
9
`Definitions
`73. In this part-- 10
"amendment Act" means the Juvenile Justice Legislation Amendment Act 11
1996. 12
"changeover day" means a day fixed under a regulation. 13
"department" means the Department of Families, Youth and Community 14
Care. 15
"transferred person" means a person transferred to the commission under 16
section 74(2).53 17
of staff to commission 18
`Transfer
`74.(1) The purpose of this section is to transfer officers of the public 19
service to the commission because of the change to the commission's 20
functions under the amendment Act. 21
`(2) On the changeover day the following persons are transferred to the 22
commission-- 23
(a) persons who, immediately before the day were officers of the 24
public service employed as members of the staff of detention 25
53 Section 74(2) (Transfer of staff to commission)
s 103 78 s 103
Juvenile Justice Legislation Amendment
centres; and 1
(b) persons decided by the Governor in Council who, immediately 2
before the day, were officers of the public service. 3
`(3) On transfer, a transferred person stops being an officer of the public 4
service and becomes an officer of the commission. 5
`(4) Until the commission decides the employment conditions of a 6
transferred person under section 34(3) or (4),54 a transferred person is 7
entitled to salary and other entitlements the person would have had if the 8
person's employment as an officer of the public service had continued. 9
`(5) A transferred person may claim against the commission all 10
entitlements accrued as an officer of the public service and not used. 11
`(6) A transferred person's long service leave entitlements are to be 12
calculated as if service as an officer of the public service and service with 13
the commission were continuous service with the commission. 14
`(7) For 5 years after being transferred to the commission, a transferred 15
person has the same rights to appeal against someone else's employment 16
promotion in the public service as if the transfer had not happened. 17
CHEDULE 18
`S
ICTIONARY 19
`D
section 6 20
"commission" means the Queensland Corrective Services Commission. 21
"commissioner" means a commissioner of the commission. 22
"community corrections" means the following-- 23
(a) services about prisoners who are released on parole and persons 24
54 Section 34(3) or (4) (Other officers of commission)
s 103 79 s 103
Juvenile Justice Legislation Amendment
subject to probation orders, community service orders or fine 1
option orders; 2
(b) community corrections centres and services about community 3
corrections centres; 4
(c) programs for prisoners who are living or working outside of a 5
prison and for persons subject to probation orders, community 6
service orders or fine option orders; 7
(d) services about, and programs for, persons prescribed under a 8
regulation; 9
"community corrections centre" means a community corrections centre 10
under the Corrective Services Act 1988, section 12.55 11
"corrective services" means community corrections and custodial 12
corrections. 13
"custodial corrections" means the following-- 14
(a) prisons and services related to prisons; 15
(b) detention centres and services related to detention centres; 16
(c) programs for prisoners who are held in a prison; 17
(d) programs for detainees. 18
"detainee" means someone who is in the commission's custody under the 19
Juvenile Justice Act 1992 other than a person serving a term of 20
imprisonment under that Act. 21
"detention centre" means a detention centre under the Juvenile Justice Act 22
1992, section 201.56 23
"director-general" means the director-general of Corrective Services 24
appointed under this Act. 25
"employee", of the commission, means a person employed by the 26
commission on wages. 27
55 Corrective Services Act 1988, section 12 (Establishment of community
corrections centres)
56 Juvenile Justice Act 1992, section 201 (Establishment of detention centres and
other places)
s 104 80 s 105
Juvenile Justice Legislation Amendment
"officer", of the commission, means a person employed by the 1
commission on salary, or engaged or appointed by it on a contract 2
basis, for full-time or part-time employment 3
"prison" means a prison under the Corrective Services Act 1988, 4
section 11.57 5
"prisoner" means someone, other than a detainee, who is-- 6
(a) in the commission's custody; or 7
(b) released on parole under the Corrective Services Act 1988. 8
"secretary" means the secretary to the commission.'. 9
PART 4--AMENDMENT OF THE BAIL ACT 1980 10
amended by pt 4 11
Act
Clause 104. This part amends the Bail Act 1980. 12
of new s 19A 13
Insertion
Clause 105. Part 2, after section 19-- 14
insert-- 15
of findings of guilt, cautions and community 16
`Consideration
conference agreements as child for decisions about release from 17
custody 18
`19A.(1) This section applies to a person in custody on a charge of an 19
offence, if-- 20
(a) the person-- 21
(i) has been found guilty as a child of an offence without a 22
conviction being recorded; or 23
(ii) has been administered a caution as a child for an offence; or 24
57 Corrective Services Act 1988, section 11 (Establishment of prisons)
s 106 81 s 108
Juvenile Justice Legislation Amendment
(iii) has made a community conference agreement as a child 1
about an offence; and 2
(b) the finding, caution or agreement may be treated as part of the 3
person's criminal history by a court that sentences the person on 4
the charge. 5
`(2) A court or person deciding whether to remand the person in custody 6
on the charge or release the person from custody may have regard to the 7
finding, caution or agreement.'. 8
PART 5--AMENDMENT OF CHILDRENS COURT 9
ACT 1992 10
amended by pt 5 11
Act
Clause 106. This part amends the Childrens Court Act 1992. 12
of s 20 (Who may be present at a proceeding) 13
Amendment
Clause 107. Section 20(2)-- 14
insert-- 15
`(c) a representative of mass media.'. 16
PART 6--OTHER AMENDMENTS 17
in sch 2 18
Amendments
Clause 108. Schedule 2 amends the Corrective Services Act 1988. 19
20
82
Juvenile Justice Legislation Amendment
CHEDULE 1 1
¡S
MINOR AMENDMENTS OF JUVENILE JUSTICE 2
ACT 1992 3
section 3 4
1. Section 9(1), `probation order, community service order, or 5
immediate release order'-- 6
omit, insert-- 7
`particular order on sentence'. 8
2. Section 9A-- 9
renumber and relocate as section 9D, in part 1A. 10
3. Part 2, division 2-- 11
renumber and relocate as division 1 in part 1C. 12
4. Part 2, divisions 3 to 5-- 13
renumber as divisions 2 to 4. 14
5. Section 13(3), `Commissioner may'-- 15
omit, insert-- 16
`commissioner of the police service may'. 17
6. Sections 17, 40(1), 41(1)(a), 41(2), 43(3), 43(4) and 45, 18
`Commissioner'-- 19
omit, insert-- 20
`commissioner of the police service'. 21
83
Juvenile Justice Legislation Amendment
SCHEDULE 1 (continued)
7. Section 36-- 1
renumber as section 9E. 2
8. Part 2 division 6-- 3
renumber and relocate as division 1 in part 1B. 4
9. Section 49-- 5
insert-- 6
`(f) to perform other functions and exercise other powers conferred 7
on the judge under this Act.'. 8
10. Section 103, heading-- 9
omit, insert-- 10
`Definitions for pt 4, div 9'. 11
11. Section 108(1), `Act'-- 12
omit, insert-- 13
`part'. 14
12. Section 125(3), `guilty'-- 15
omit, insert-- 16
`guilt'. 17
13. Section 167(2) `Commissioner'-- 18
omit, insert-- 19
`commissioner of the police service'. 20
84
Juvenile Justice Legislation Amendment
SCHEDULE 1 (continued)
14. Part 6, heading-- 1
omit, insert-- 2
`PART 6--DETENTION ADMINISTRATION'. 3
15. Section 204(4)(c), `Corrective Services Commission'-- 4
omit, insert-- 5
`commission'. 6
16. Section 226(1)(a), `this'-- 7
omit, insert-- 8
`a prescribed'. 9
17. Section 226(1)(b), `another'-- 10
omit, insert-- 11
`an'. 12
18. Section 226(5)-- 13
insert-- 14
` "prescribed Act" means the following-- 15
(a) this Act; 16
(b) Corrective Services (Administration) Act 1988; 17
(c) Corrective Services Act 1988.'. 18
19
85
Juvenile Justice Legislation Amendment
CHEDULE 2 1
¡S
INOR AMENDMENTS OF CORRECTIVE 2
M
SERVICES ACT 1988 3
section 108 4
1. Section 10, heading-- 5
omit, insert-- 6
`Definitions'. 7
2. Section 10-- 8
insert-- 9
` "appointed day" means 15 December 1988.'. 10
11
86
Juvenile Justice Legislation Amendment
CHEDULE 3 1
¡S
ROVISIONS COMMENCING ON DAY FIXED BY 2
P
PROCLAMATION 3
section 2 4
1. Section 5(1), omission of definition "caution". 5
2. Section 5(2), insertion of definitions "caution", "community 6
conference convenor", "convenor", "community conference 7
agreement", "disclosable community conference agreement", 8
"referring court" and "referring police officer". 9
3. Section 6. 10
4. Section 8, insertion of new pt 1C, div 2 to 4. 11
5. Section 9. 12
6. Section 10. 13
7. Section 11. 14
8. Section 12. 15
9. Section 13. 16
10. Section 22. 17
11. Section 25. 18
12. Section 26. 19
13. Section 27(1), insertion of new section 89(1)(c). 20
14. Section 27(2). 21
15. Section 28(3). 22
16. Section 33. 23
17. Section 34. 24
18. Section 35. 25
87
Juvenile Justice Legislation Amendment
SCHEDULE 3 (continued)
19. Section 36. 1
20. Section 37. 2
21. Section 38. 3
22. Section 39. 4
23. Section 40. 5
24. Section 41. 6
25. Section 43. 7
26. Section 44. 8
27. Section 45. 9
28. Section 46. 10
29. Section 48. 11
30. Section 49. 12
31. Section 51. 13
32. Section 52. 14
33. Section 54. 15
34. Section 55. 16
35. Section 57. 17
36. Section 58. 18
37. Section 60. 19
38. Section 62. 20
39. Section 63. 21
40. Section 64. 22
41. Section 72. 23
88
Juvenile Justice Legislation Amendment
SCHEDULE 3 (continued)
42. Part 4. 1
43. Schedule 1, items 3 and 4. 2
3
© State of Queensland 1996
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