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Queensland
Youth Justice and Other
Legislation Amendment
Bill 2015
Queensland
Youth Justice and Other Legislation
Amendment Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Youth Justice Act 1992
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 13 (Police officer's power of arrest preserved in
particular general circumstances) . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 42 (Preferred way of starting proceedings) . . . . 9
6 Omission of pt 5, div 1, hdg (Bail generally) . . . . . . . . . . . . . . . . . 9
7 Amendment of s 47 (Bail Act 1980 applies) . . . . . . . . . . . . . . . . . 9
8 Omission of pt 5, div 2 (Offence committed while on bail) . . . . . . 9
9 Amendment of s 62 (Childrens Court judge) . . . . . . . . . . . . . . . . 9
10 Amendment of s 67 (Limitation on justices) . . . . . . . . . . . . . . . . . 9
11 Amendment of s 74 (Chief executive's right of audience generally) 10
12 Amendment of pt 6, div 9, hdg (Appeal). . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 117 (Appeals under Justices Act 1886, pt 9, div 1) 10
14 Insertion of new pt 6, div 9, sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . 11
Subdivision 4 Reviews of sentences by Childrens Court
judge
118 Sentence review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
119 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . 11
120 Preliminary procedure . . . . . . . . . . . . . . . . . . . . . . . . 11
121 Stay of proceeding and suspension of orders . . . . . . 12
122 Conduct of review. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
123 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
124 Interrelation with other types of appeal . . . . . . . . . . . 13
Youth Justice and Other Legislation Amendment Bill 2015
Contents
125 Incidents of review . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
126 Orders at end of reviews . . . . . . . . . . . . . . . . . . . . . . 15
15 Amendment of s 148 (Evidence of childhood finding of guilt not
admissible against adult) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Amendment of s 150 (Sentencing principles). . . . . . . . . . . . . . . . 16
17 Amendment of s 151 (Pre-sentence report) . . . . . . . . . . . . . . . . . 16
18 Amendment of s 175 (Sentence orders--general) . . . . . . . . . . . . 16
19 Amendment of s 176 (Sentence orders--life and other significant
offences). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Omission of s 176B (Sentence orders--recidivist vehicle offences) 17
21 Amendment of s 177 (More than 1 type of order may be made for a
single offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Omission of s 178B (Combination of boot camp (vehicle offences) order
and other community based order) . . . . . . . . . . . . . . . . . . . . . . . 17
23 Amendment of s 180 (Combination of detention order and probation
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
24 Omission of s 180B (Combination of detention order and boot camp
(vehicle offences) order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Omission of pt 7, div 9A (Boot camp (vehicle offences) order) . . 18
26 Insertion of new s 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
208 Detention must be only appropriate sentence . . . . . . 18
27 Amendment of s 209 (Court's reasons for detention order to be stated
and recorded) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Amendment of s 210 (Detention to be served in detention centre) 19
29 Amendment of s 211 (Commencement of detention period) . . . . 19
30 Amendment of s 215 (Period of escape, mistaken release or release
pending appeal not counted as detention) . . . . . . . . . . . . . . . . . . 19
31 Omission of pt 7, div 10, sdivs 2A and 2B . . . . . . . . . . . . . . . . . . 20
32 Amendment of s 234 (Court may allow publication of identifying
information of first-time offender) . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 Amendment of s 237 (Chief executive must warn child about
contravention). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Amendment of s 238 (Chief executive's application on contravention) 20
35 Amendment of s 240 (General options available on breach of order) 21
36 Amendment of s 241 (General options available to superior court to
which child committed for breach) . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Amendment of s 242 (General options available to court before which
child found guilty of an indictable offence) . . . . . . . . . . . . . . . . . . 21
38 Amendment of s 243 (Court may resentence child originally sentenced
by lower court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Page 2
Youth Justice and Other Legislation Amendment Bill 2015
Contents
39 Amendment of s 244 (General options available to court to which child
committed for breach by indictable offence) . . . . . . . . . . . . . . . . . 22
40 Amendment of s 245 (Court's power on breach of a community based
order other than a boot camp (vehicle offences) order, conditional
release order or boot camp order) . . . . . . . . . . . . . . . . . . . . . . . . 23
41 Amendment of s 246 (Court's power on breach of conditional release
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
42 Omission of ss 246AA and 246A . . . . . . . . . . . . . . . . . . . . . . . . . 24
43 Amendment of s 247 (Variation, discharge and resentence in the
interests of justice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
44 Amendment of s 248 (Detention reduced to the extent just) . . . . 24
45 Amendment of s 249 (Matters relevant to making further order) . 25
46 Amendment of s 252 (Variations by consent). . . . . . . . . . . . . . . . 25
47 Amendment of s 252G (Matters relevant to making further order) 25
48 Amendment of s 263 (Management of detention centres) . . . . . . 25
49 Omission of pt 8A (Boot camp centre administration) . . . . . . . . . 25
50 Amendment of s 285 (When does someone gain information through
involvement in the administration of this Act) . . . . . . . . . . . . . . . . 26
51 Omission of s 299A (Prohibition of publication of identifying information
about a child who is not a first-time offender). . . . . . . . . . . . . . . . 26
52 Amendment of s 301 (Prohibition of publication of identifying information
about a first-time offender) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
53 Amendment of s 303 (Chief executive must collect and keep
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
54 Insertion of new ss 305A and 305B . . . . . . . . . . . . . . . . . . . . . . . 27
305A Ongoing obligation to report harm to children in former boot
camp centres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
305B Complaint about boot camp programs . . . . . . . . . . . . 28
55 Insertion of new pt 11, div 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 13 Transitional provisions for Youth Justice and
Other Legislation Amendment Act 2015
Subdivision 1 Preliminary
369 Definitions for div 13 . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 2 Continuation of boot camp (vehicle offences)
orders and boot camp orders
370 Boot camp (vehicle offences) order existing immediately
before commencement. . . . . . . . . . . . . . . . . . . . . . . . 30
371 Boot camp order existing immediately before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Page 3
Youth Justice and Other Legislation Amendment Bill 2015
Contents
Subdivision 3 Continued boot camp (vehicle offences) orders
and boot camp order--contravention,
revocation, discharge and resentence
proceedings
372 Purpose of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
373 Application of pt 7, div 13 . . . . . . . . . . . . . . . . . . . . . . 31
374 Application of s 237 . . . . . . . . . . . . . . . . . . . . . . . . . . 32
375 Application of s 238 . . . . . . . . . . . . . . . . . . . . . . . . . . 32
376 Court's power on breach of boot camp (vehicle offences)
order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
377 Court's power on breach of boot camp order . . . . . . . 33
378 Continued boot camp (vehicle offences) order--variation,
discharge and resentence . . . . . . . . . . . . . . . . . . . . . 34
379 Continued boot camp order--revocation and resentence 35
Subdivision 4 No boot camp (vehicle offences) orders or
boot camp orders after commencement
380 Court may not make boot camp (vehicle offences) order or
boot camp order after commencement . . . . . . . . . . . 35
Subdivision 5 Other transitional provisions
381 Offence committed while on bail. . . . . . . . . . . . . . . . . 36
382 Childhood finding of guilt . . . . . . . . . . . . . . . . . . . . . . 37
383 Sentence review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
384 Sentencing principles . . . . . . . . . . . . . . . . . . . . . . . . . 37
385 Publication of identifying information about child . . . . 37
56 Amendment of sch 1 (Charter of youth justice principles) . . . . . . 37
57 Amendment of sch 2 (Regulation-making power) . . . . . . . . . . . . 38
58 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 38
59 Omission of sch 5 (Disqualifying offences). . . . . . . . . . . . . . . . . . 39
Part 3 Amendment of Penalties and Sentences Act 1992
60 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
61 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 39
62 Amendment of s 195B (Access to court files by representative of
community justice group in offender's community) . . . . . . . . . . . . 42
63 Amendment of s 195C (Confidentiality) . . . . . . . . . . . . . . . . . . . . 42
64 Amendment of s 195D (Protection from liability) . . . . . . . . . . . . . 42
65 Insertion of new pt 14, div 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 13 Transitional provision for Youth Justice and
Other Legislation Amendment Act 2015
240 Sentencing guidelines . . . . . . . . . . . . . . . . . . . . . . . . 43
Page 4
Youth Justice and Other Legislation Amendment Bill 2015
Contents
Part 4 Amendment of Public Guardian Act 2014
66 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
67 Amendment of s 51 (Definitions for ch 4) . . . . . . . . . . . . . . . . . . . 43
68 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 5 Minor and consequential amendments
69 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 45
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 45
Victims of Crime Assistance Act 2009 . . . . . . . . . . . . . . . . . . . . . 45
Page 5
2015
A Bill
for
An Act to amend the Penalties and Sentences Act 1992, the
Public Guardian Act 2014, the Youth Justice Act 1992 and the
Acts mentioned in schedule 1 for particular purposes
Youth Justice and Other Legislation Amendment Bill 2015
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Youth Justice and Other 4
Legislation Amendment Act 2015. 5
Clause 2 Commencement 6
This Act, other than parts 3 and 5 and schedule 1 to the extent 7
it amends the Victims of Crime Assistance Act 2009, 8
commences on a day to be fixed by proclamation. 9
Part 2 Amendment of Youth Justice 10
Act 1992 11
Clause 3 Act amended 12
This part amends the Youth Justice Act 1992. 13
Clause 4 Amendment of s 13 (Police officer's power of arrest 14
preserved in particular general circumstances) 15
Section 13(1)(a)-- 16
insert-- 17
Note-- 18
Under the youth justice principles in schedule 1, it is a 19
principle of this Act that a child should be detained in 20
custody for an offence, whether on arrest or sentence, 21
only as a last resort and for the least time that is justified 22
in the circumstances. 23
Page 8
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 5]
Clause 5 Amendment of s 42 (Preferred way of starting 1
proceedings) 2
Section 42(1), 'or an offence under section 59A'-- 3
omit. 4
Clause 6 Omission of pt 5, div 1, hdg (Bail generally) 5
Part 5, division 1, heading-- 6
omit. 7
Clause 7 Amendment of s 47 (Bail Act 1980 applies) 8
Section 47-- 9
insert-- 10
(2) A review of a sentence order under part 6, 11
division 9 is an appeal for the purposes of the 12
Bail Act 1980. 13
Clause 8 Omission of pt 5, div 2 (Offence committed while on bail) 14
Part 5, division 2-- 15
omit. 16
Clause 9 Amendment of s 62 (Childrens Court judge) 17
Section 62-- 18
insert-- 19
(e) to review under section 118 a sentence order 20
made by a Childrens Court magistrate. 21
Clause 10 Amendment of s 67 (Limitation on justices) 22
(1) Section 67(2)(b)-- 23
omit. 24
Page 9
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 11]
(2) Section 67(2)(c)-- 1
renumber as section 67(2)(b). 2
Clause 11 Amendment of s 74 (Chief executive's right of audience 3
generally) 4
(1) Section 74(3)(d)-- 5
omit. 6
(2) Section 74(3)(f), '(a) to (e)'-- 7
omit, insert-- 8
(a) to (d) 9
(3) Section 74(3)(a) to (f)-- 10
renumber as section 74(a) to (e). 11
Clause 12 Amendment of pt 6, div 9, hdg (Appeal) 12
Part 6, division 9, heading, after 'Appeal'-- 13
insert-- 14
and review 15
Clause 13 Amendment of s 117 (Appeals under Justices Act 1886, 16
pt 9, div 1) 17
(1) Section 117(1) and (2)-- 18
omit, insert-- 19
(1) The Justices Act 1886, part 9, division 1, applies 20
in relation to an order made by justices dealing 21
summarily with a child charged with an offence 22
subject to subsections (2) to (4). 23
(2) Section 117(3) to (5)-- 24
renumber as section 117(2) to (4). 25
Page 10
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 14]
Clause 14 Insertion of new pt 6, div 9, sdiv 4 1
Part 6, division 9-- 2
insert-- 3
Subdivision 4 Reviews of sentences by 4
Childrens Court judge 5
118 Sentence review 6
A Childrens Court judge on application may review a 7
sentence order made by a Childrens Court magistrate. 8
119 Application for review 9
(1) An application may be made by-- 10
(a) a child against whom the sentence order was 11
made; or 12
(b) the chief executive acting in the child's 13
interests; or 14
(c) the complainant or arresting officer for the 15
charge for which the sentence order was 16
made. 17
(2) An application must be made within 28 days after 18
the sentence order is made or within a later 19
period that may at any time be allowed by the 20
Childrens Court judge. 21
(3) In this section-- 22
complainant means a complainant who makes a 23
complaint under the Justices Act 1886. 24
120 Preliminary procedure 25
(1) The proper officer of the Childrens Court at the 26
place where the Childrens Court judge is sitting 27
must notify the applicant and all other parties of 28
Page 11
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 14]
the place and time for the hearing of the 1
application. 2
(2) Also, if the application is not made by the chief 3
executive, the proper officer must notify the chief 4
executive of the making of the application and 5
the place and time for the hearing of the 6
application. 7
121 Stay of proceeding and suspension of orders 8
(1) Without affecting-- 9
(a) another power to stay the effect of an order 10
of a court; or 11
(b) the operation of a law that has that effect; 12
a Childrens Court judge may order a stay of all or 13
any proceedings under a sentence order that is 14
subject to a review application under this 15
division. 16
(2) The Childrens Court judge may impose 17
conditions the judge considers appropriate on the 18
stay. 19
(3) Without limiting subsections (1) and (2), if a 20
community based order is subject to a review 21
under this division, the effect of the order is 22
stayed until the end of the review. 23
(4) If the period for which the community based 24
order operates is relevant to the effect of the order 25
or a program or anything else under the order, the 26
period between the start and end of the review is 27
not counted for the purpose of the effect of the 28
order, program or other thing. 29
(5) If a Childrens Court judge orders a stay of a 30
proceeding under a sentence order, the proper 31
officer of the Childrens Court at the place where 32
the Childrens Court judge is sitting must notify 33
the chief executive of the making of the order. 34
Page 12
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 14]
122 Conduct of review 1
(1) A review of a sentence must be by way of 2
rehearing on the merits. 3
(2) The Childrens Court judge may have regard to-- 4
(a) the record of the proceeding before the 5
Childrens Court magistrate; and 6
(b) any further submissions and evidence by 7
way of affidavit or otherwise. 8
(3) The review of a sentence order must be 9
conducted expeditiously and with as little 10
formality as possible. 11
123 Review decision 12
(1) On reviewing a sentence order, a Childrens Court 13
judge may-- 14
(a) confirm the order; or 15
(b) vary the order; or 16
(c) discharge the order and substitute another 17
order within the jurisdiction of the Childrens 18
Court magistrate to make. 19
(2) The judge may also make any other order a 20
Childrens Court magistrate could have made in 21
connection with the sentence order as confirmed, 22
varied or substituted under subsection (1). 23
124 Interrelation with other types of appeal 24
(1) If a child starts a proceeding for an ordinary 25
appeal against a sentence order-- 26
(a) an application by the child for a sentence 27
review of the sentence order can not be 28
started; and 29
Page 13
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 14]
(b) any application by the child for a sentence 1
review of the sentence order pending at the 2
start of the proceeding for an ordinary 3
appeal lapses. 4
(2) If-- 5
(a) a child starts a proceeding for an ordinary 6
appeal against a finding of guilt against the 7
child in relation to which a sentence order 8
was made; or 9
(b) a person other than a child against whom a 10
sentence order has been made starts a 11
proceeding for an ordinary appeal against 12
the sentence order; 13
a Childrens Court judge can not proceed to hear 14
and decide any pending application by the child 15
for a sentence review against the sentence order 16
until the ordinary appeal is finished. 17
(3) If-- 18
(a) a complainant or arresting officer applies for 19
a sentence review of a sentence order made 20
against a child; and 21
(b) the child starts a proceeding for an ordinary 22
appeal against the sentence order or the 23
finding of guilt for which it was made; 24
a Childrens Court judge can not proceed to hear 25
and decide the application for the sentence 26
review until the ordinary appeal is finished. 27
(4) In this section-- 28
application by a child for a sentence review, 29
includes an application by the chief executive 30
acting in the child's interests. 31
ordinary appeal means-- 32
(a) an appeal or application for leave to appeal 33
under the Criminal Code, chapter 67; or 34
Page 14
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 14]
(b) an appeal under the Justices Act 1886, part 1
9. 2
sentence review means a review under section 3
118 of a sentence order. 4
125 Incidents of review 5
(1) No costs may be ordered against a party on a 6
sentence review. 7
(2) The decision of a Childrens Court judge on a 8
sentence review-- 9
(a) takes effect as the decision of the Childrens 10
Court magistrate who made the sentence 11
order reviewed; and 12
(b) subject to subsection (3), may be enforced 13
or appealed against in the same way as the 14
decision of the Childrens Court magistrate. 15
(3) Subsection (2) does not authorise-- 16
(a) a further review by a Childrens Court judge 17
of a sentence already reviewed under this 18
division by a Childrens Court judge; or 19
(b) an appeal to the Childrens Court judge 20
under the Justices Act 1886, section 222. 21
126 Orders at end of reviews 22
(1) Subject to section 311, if as a result of the 23
decision of the Childrens Court judge on a 24
sentence review, a child is required to serve a 25
period of detention or the unserved part of a 26
period of detention, the judge, as part of the order 27
on the review, must direct that a warrant be issued 28
to arrest the child and commit the child to a 29
detention centre. 30
(2) Any justice may issue the warrant. 31
Page 15
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 15]
Clause 15 Amendment of s 148 (Evidence of childhood finding of 1
guilt not admissible against adult) 2
(1) Section 148(1), 'Subject to subsection (3), in'-- 3
omit, insert-- 4
In 5
(2) Section 148(3)-- 6
omit, insert-- 7
(3) This section does not prevent a court that is 8
sentencing an adult from receiving information 9
about any other sentence to which the adult is 10
subject if that is necessary to mitigate the effect 11
of the court's sentence. 12
Clause 16 Amendment of s 150 (Sentencing principles) 13
(1) Section 150(2)-- 14
insert-- 15
(e) a detention order should be imposed only as 16
a last resort and for the shortest appropriate 17
period. 18
(2) Section 150(5)-- 19
omit. 20
Clause 17 Amendment of s 151 (Pre-sentence report) 21
Section 151(3A) and (3B)-- 22
omit. 23
Clause 18 Amendment of s 175 (Sentence orders--general) 24
Section 175(3)-- 25
omit, insert-- 26
Page 16
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 19]
(3) A court may make an order for a child's detention 1
under subsection (1)(g) with or without a 2
conditional release order under section 220. 3
Clause 19 Amendment of s 176 (Sentence orders--life and other 4
significant offences) 5
Section 176(4)-- 6
omit, insert-- 7
(4) A court may make an order for a child's detention 8
under subsection (2) or (3) with or without a 9
conditional release order under section 220. 10
Clause 20 Omission of s 176B (Sentence orders--recidivist vehicle 11
offences) 12
Section 176B-- 13
omit. 14
Clause 21 Amendment of s 177 (More than 1 type of order may be 15
made for a single offence) 16
Section 177, '180B'-- 17
omit, insert-- 18
180A 19
Clause 22 Omission of s 178B (Combination of boot camp (vehicle 20
offences) order and other community based order) 21
Section 178B-- 22
omit. 23
Clause 23 Amendment of s 180 (Combination of detention order and 24
probation order) 25
Section 180(2)-- 26
Page 17
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 24]
omit, insert-- 1
(2) A court may make the detention order only for a 2
maximum period of 6 months and may not make 3
a conditional release order. 4
Clause 24 Omission of s 180B (Combination of detention order and 5
boot camp (vehicle offences) order) 6
Section 180B-- 7
omit. 8
Clause 25 Omission of pt 7, div 9A (Boot camp (vehicle offences) 9
order) 10
Part 7, division 9A-- 11
omit. 12
Clause 26 Insertion of new s 208 13
After section 207-- 14
insert-- 15
208 Detention must be only appropriate sentence 16
A court may make a detention order against a child 17
only if the court, after-- 18
(a) considering all other available sentences; 19
and 20
(b) taking into account the desirability of not 21
holding a child in detention; 22
is satisfied that no other sentence is appropriate in the 23
circumstances of the case. 24
Clause 27 Amendment of s 209 (Court's reasons for detention order 25
to be stated and recorded) 26
Section 209(3), after 'appeal'-- 27
Page 18
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 28]
insert-- 1
or review 2
Clause 28 Amendment of s 210 (Detention to be served in detention 3
centre) 4
Section 210(3)-- 5
omit, insert-- 6
(3) Subsection (2) does not apply if the court makes 7
a conditional release order under section 220. 8
Clause 29 Amendment of s 211 (Commencement of detention 9
period) 10
Section 211(3), from 'a sentence order'-- 11
omit, insert-- 12
, or a review of, a sentence order, the period or 13
unserved part takes effect from the start of the child's 14
custody on sentence for the offence in question after 15
the appeal or review. 16
Clause 30 Amendment of s 215 (Period of escape, mistaken release 17
or release pending appeal not counted as detention) 18
(1) Section 215, heading, after 'appeal'-- 19
insert-- 20
or review 21
(2) Section 215(a), after 'against'-- 22
insert-- 23
, or a review of, 24
(3) Section 215, after 'the appeal'-- 25
insert-- 26
or review, 27
Page 19
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 31]
Clause 31 Omission of pt 7, div 10, sdivs 2A and 2B 1
Part 7, division 10, subdivisions 2A and 2B-- 2
omit. 3
Clause 32 Amendment of s 234 (Court may allow publication of 4
identifying information of first-time offender) 5
(1) Section 234, heading, 'of first-time offender'-- 6
omit, insert-- 7
about a child 8
(2) Section 234(1), (2) and (3), 'first-time offender'-- 9
omit, insert-- 10
child 11
(3) Section 234(2)(c), 'first-time offender's'-- 12
omit, insert-- 13
child's 14
Clause 33 Amendment of s 237 (Chief executive must warn child 15
about contravention) 16
Section 237(3)-- 17
omit, insert-- 18
(3) However, subsection (2) does not apply if the 19
chief executive does not know the child's 20
whereabouts and can not reasonably find out. 21
Clause 34 Amendment of s 238 (Chief executive's application on 22
contravention) 23
Section 238(6)(b)(ii)(C)-- 24
omit. 25
Page 20
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 35]
Clause 35 Amendment of s 240 (General options available on 1
breach of order) 2
(1) Section 240(2)(a) to (d)-- 3
omit, insert-- 4
(a) for an order other than a conditional release 5
order--any action allowed under section 6
245; 7
(b) for a conditional release order--any action 8
allowed under section 246. 9
(2) Section 240(3)(b)(i) to (iv)-- 10
omit, insert-- 11
(i) for an order other than a conditional 12
release order--any action under 13
section 245 other than section 14
245(1)(d)(ii); or 15
(ii) for a conditional release order--deal 16
with the child under section 246(2). 17
Clause 36 Amendment of s 241 (General options available to 18
superior court to which child committed for breach) 19
Section 241(2)(a) to (d)-- 20
omit, insert-- 21
(a) for an order other than a conditional release 22
order--any action allowed by section 245; 23
(b) for a conditional release order--any action 24
allowed by section 246. 25
Clause 37 Amendment of s 242 (General options available to court 26
before which child found guilty of an indictable offence) 27
(1) Section 242(2)(a) to (d)-- 28
omit, insert-- 29
Page 21
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 38]
(a) for an order other than a conditional release 1
order--any action allowed by section 245; 2
(b) for a conditional release order--any action 3
allowed by section 246. 4
(2) Section 242(3)(b)(i) to (iv)-- 5
omit, insert-- 6
(i) for an order other than a conditional 7
release order--any action under 8
section 245 other than section 9
245(1)(d)(ii); or 10
(ii) for a conditional release order--deal 11
with the child under section 246(2). 12
Clause 38 Amendment of s 243 (Court may resentence child 13
originally sentenced by lower court) 14
(1) Section 243(2)(a) to (d)-- 15
omit, insert-- 16
(a) for an order other than a conditional release 17
order--section 245(1)(d)(ii); 18
(b) for a conditional release order--section 19
246(1). 20
(2) Section 243(4)(a) to (d)-- 21
omit, insert-- 22
(a) for an order other than a conditional release 23
order--section 245(1)(d)(ii); 24
(b) for a conditional release order--section 25
246(1). 26
Clause 39 Amendment of s 244 (General options available to court 27
to which child committed for breach by indictable 28
offence) 29
Section 244(2)(a) to (d)-- 30
Page 22
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 40]
omit, insert-- 1
(a) for an order other than a conditional release 2
order--any action allowed by section 245; 3
(b) for a conditional release order--any action 4
allowed by section 246. 5
Clause 40 Amendment of s 245 (Court's power on breach of a 6
community based order other than a boot camp (vehicle 7
offences) order, conditional release order or boot camp 8
order) 9
(1) Section 245, heading, from 'boot camp (vehicle offences)'-- 10
omit, insert-- 11
conditional release order 12
(2) Section 245(1)(d), 'other than a boot camp (vehicle offences) 13
order, conditional release order or a boot camp order'-- 14
omit. 15
(3) Section 245(6), definition community based order, 'or a boot 16
camp order'-- 17
omit. 18
(4) Section 245(6)-- 19
renumber as section 245(7). 20
(5) Section 245-- 21
insert-- 22
(6) For part 6, division 9, subdivision 4, an order or 23
decision mentioned in this section and made by a 24
Childrens Court magistrate is a sentence order. 25
Clause 41 Amendment of s 246 (Court's power on breach of 26
conditional release order) 27
(1) Section 246(1)-- 28
omit, insert-- 29
Page 23
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 42]
(1) A court that acts under this section may revoke 1
the conditional release order and order the child 2
to serve the sentence of detention for which the 3
conditional release order was made. 4
(2) Section 246(4A)-- 5
omit. 6
(3) Section 246-- 7
insert-- 8
(6) For part 6, division 9, subdivision 4, an order 9
mentioned in this section and made by a 10
Childrens Court magistrate is a sentence order. 11
Clause 42 Omission of ss 246AA and 246A 12
Sections 246AA and 246A-- 13
omit. 14
Clause 43 Amendment of s 247 (Variation, discharge and 15
resentence in the interests of justice) 16
(1) Section 247(1)(b), 'or a boot camp order'-- 17
omit. 18
(2) Section 247(1)(c) and (d)-- 19
omit, insert-- 20
(c) for a conditional release order--revoke the 21
order and order the child to serve the 22
sentence of detention for which the 23
conditional release order was made. 24
Clause 44 Amendment of s 248 (Detention reduced to the extent 25
just) 26
(1) Section 248(1), 'or a boot camp order'-- 27
omit. 28
Page 24
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 45]
(2) Section 248(1) and (2), 'or boot camp order'-- 1
omit. 2
Clause 45 Amendment of s 249 (Matters relevant to making further 3
order) 4
Section 249(1), 'or a boot camp order'-- 5
omit. 6
Clause 46 Amendment of s 252 (Variations by consent) 7
Section 252(1), 'or a boot camp order'-- 8
omit. 9
Clause 47 Amendment of s 252G (Matters relevant to making further 10
order) 11
Section 252G(2), after 'appeal'-- 12
insert-- 13
or review 14
Clause 48 Amendment of s 263 (Management of detention centres) 15
Section 263(5), '18 and 19'-- 16
omit, insert-- 17
19 and 20 18
Clause 49 Omission of pt 8A (Boot camp centre administration) 19
Part 8A-- 20
omit. 21
Page 25
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 50]
Clause 50 Amendment of s 285 (When does someone gain 1
information through involvement in the administration of 2
this Act) 3
(1) Section 285(1)(h), 'a person who is'-- 4
omit. 5
(2) Section 285-- 6
insert-- 7
(3) In this section-- 8
boot camp centre provider means a person who 9
was approved under repealed section 282A, as in 10
force from time to time before the 11
commencement, as a boot camp centre provider. 12
Clause 51 Omission of s 299A (Prohibition of publication of 13
identifying information about a child who is not a 14
first-time offender) 15
Section 299A-- 16
omit. 17
Clause 52 Amendment of s 301 (Prohibition of publication of 18
identifying information about a first-time offender) 19
Section 301, 'first-time offender'-- 20
omit, insert-- 21
child 22
Clause 53 Amendment of s 303 (Chief executive must collect and 23
keep information) 24
Section 303(3), 'sections 299A and'-- 25
omit, insert-- 26
section 27
Page 26
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 54]
Clause 54 Insertion of new ss 305A and 305B 1
After section 305-- 2
insert-- 3
305A Ongoing obligation to report harm to 4
children in former boot camp centres 5
(1) If a former boot camp centre employee is or 6
becomes aware, or reasonably suspects, that a 7
child has suffered harm while participating in the 8
residential phase for a former boot camp 9
program, the former boot camp centre employee 10
must immediately, unless the former boot camp 11
centre employee has a reasonable excuse, report 12
the harm or suspected harm to the chief 13
executive. 14
Maximum penalty--20 penalty units. 15
(2) It is immaterial how the harm was caused. 16
(3) It is a reasonable excuse, for the former boot 17
camp centre employee not to report the harm or 18
suspected harm, that reporting of the harm or 19
suspected harm might tend to incriminate the 20
employee. 21
(4) Subsection (1) does not apply if the former boot 22
camp centre employee knows or reasonably 23
considers that the chief executive is aware of the 24
harm or suspected harm. 25
(5) In this section-- 26
boot camp program means a program approved 27
as a boot camp program under repealed section 28
226E as in force from time to time before the 29
commencement. 30
former boot camp centre means a place that was 31
operated by a former boot camp centre provider 32
from which services and facilities necessary for 33
the residential phase for a boot camp program 34
were provided. 35
Page 27
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 54]
former boot camp centre employee means a 1
person who was employed at a former boot camp 2
centre. 3
former boot camp centre provider means a 4
person who was approved under repealed section 5
282A, as in force from time to time before the 6
commencement, as a boot camp centre provider. 7
harm, to a child, is any detrimental effect of a 8
significant nature on the child's physical, 9
psychological or emotional wellbeing. 10
residential phase, for a boot camp program, 11
means the 1 month placement mentioned in 12
repealed section 226E(3)(a) as in force from time 13
to time before the commencement. 14
305B Complaint about boot camp programs 15
(1) A child or a parent of a child who participated in 16
a boot camp program may complain about a 17
matter that affects the child. 18
(2) The chief executive must issue written 19
instructions on how a complaint may be made 20
and dealt with, which may include that the 21
complaint must be made to a child advocacy 22
officer or other appropriate authority. 23
(3) Despite subsection (2), a child is entitled to 24
complain directly to a child advocacy officer. 25
(4) The chief executive need not deal with a 26
complaint that the chief executive reasonably 27
believes to be trivial or made only to cause 28
annoyance. 29
(5) The chief executive must tell the person who 30
made the complaint under subsection (1), how 31
the complaint will be dealt with. 32
(6) The chief executive is taken to have complied 33
with subsection (2) if the chief executive issued 34
Page 28
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 55]
written instructions under repealed section 282J 1
as in force immediately before the 2
commencement. 3
(7) In this section-- 4
boot camp program see section 305A(5). 5
Clause 55 Insertion of new pt 11, div 13 6
Part 11-- 7
insert-- 8
Division 13 Transitional provisions for 9
Youth Justice and Other 10
Legislation Amendment 11
Act 2015 12
Subdivision 1 Preliminary 13
369 Definitions for div 13 14
In this division-- 15
amending Act means the Youth Justice and Other 16
Legislation Amendment Act 2015. 17
repealed, in relation to a provision, means the 18
provision as in force immediately before its 19
repeal. 20
Subdivision 2 Continuation of boot camp 21
(vehicle offences) orders 22
and boot camp orders 23
Page 29
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 55]
370 Boot camp (vehicle offences) order existing 1
immediately before commencement 2
(1) This section applies if immediately before the 3
commencement a child was subject to a boot 4
camp (vehicle offences) order made under 5
repealed section 206A. 6
(2) Subject to subdivision 3, the boot camp (vehicle 7
offences) order continues to have effect as if the 8
amending Act had not been enacted. 9
371 Boot camp order existing immediately before 10
commencement 11
(1) This section applies if immediately before the 12
commencement a child was subject to a boot 13
camp order made under repealed section 226B. 14
(2) Subject to subdivision 3, the boot camp order 15
continues to have effect as if the amending Act 16
had not been enacted. 17
Subdivision 3 Continued boot camp 18
(vehicle offences) orders 19
and boot camp 20
order--contravention, 21
revocation, discharge and 22
resentence proceedings 23
372 Purpose of sdiv 3 24
(1) The purpose of this subdivision is to provide for 25
the proceedings that apply and the orders that 26
may be made for-- 27
(a) contravention of a boot camp (vehicle 28
offences) order continued under section 370 29
or a boot camp order continued under 30
section 371; or 31
Page 30
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 55]
(b) variation, discharge and resentencing in 1
relation to a boot camp (vehicle offences) 2
order continued under section 370; or 3
(c) revocation and resentencing in relation to a 4
boot camp order continued under section 5
371. 6
(2) This subdivision applies whether the 7
contravention of the order is alleged to have 8
happened before or after the commencement. 9
373 Application of pt 7, div 13 10
(1) Part 7, division 13, other than sections 245, 246, 11
247(1), 248 and 249, applies in relation to a boot 12
camp (vehicle offences) order continued under 13
section 370 as if-- 14
(a) a reference to a community based order 15
included a reference to a boot camp (vehicle 16
offences) order continued under section 17
370; and 18
(b) a reference to section 245 in sections 240, 19
241, 242 and 244 were a reference to section 20
376; and 21
(c) a reference to section 245(1)(d)(ii) in 22
section 243 were a reference to section 376. 23
(2) Part 7, division 13, other than sections 245, 246, 24
247(1), 248, 249 and 252, applies in relation to a 25
boot camp order continued under section 371 as 26
if-- 27
(a) a reference to a community based order 28
included a reference to a boot camp order 29
continued under section 371; and 30
(b) a reference to section 245 in sections 240, 31
241, 242 and 244 were a reference to section 32
377; and 33
Page 31
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 55]
(c) a reference to section 245(1)(d)(ii) in 1
section 243 were a reference to section 377. 2
374 Application of s 237 3
(1) This section applies if a child is subject to a boot 4
camp (vehicle offences) order continued under 5
section 370 or a boot camp order continued under 6
section 371. 7
(2) Despite section 373, section 237(2) does not 8
apply in relation to the child if the chief executive 9
reasonably believes the child has contravened the 10
order by leaving the boot camp centre stated in 11
the order without the chief executive's written 12
consent. 13
375 Application of s 238 14
(1) This section applies if a child is subject to a boot 15
camp (vehicle offences) order continued under 16
section 370 or a boot camp order continued under 17
section 371. 18
(2) For section 238(6), in addition to the matters 19
mentioned in section 238(6)(b)(ii), the chief 20
executive may also give information to the 21
justice, on oath, substantiating that the chief 22
executive reasonably believes the child has 23
contravened the order by leaving the boot camp 24
centre stated in the order without the chief 25
executive's written consent. 26
376 Court's power on breach of boot camp (vehicle 27
offences) order 28
(1) A court that acts under this section may revoke a 29
boot camp (vehicle offences) order and 30
resentence the child for the offence for which the 31
Page 32
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 55]
order was made as if the child had just been 1
found guilty before the court of that offence. 2
(2) In resentencing the child the court must have 3
regard to-- 4
(a) the reasons for making the boot camp 5
(vehicle offences) order; and 6
(b) anything done by the child in compliance 7
with the order. 8
(3) If the court makes a community based order for 9
the child under subsection (1), the court must 10
have regard to the period the child complied with 11
the boot camp (vehicle offences) order. 12
(4) The court may resentence the child under this 13
section even though it is unnecessary to revoke 14
the boot camp (vehicle offences) order because 15
the period the order was in force has ended. 16
(5) For part 6, division 9, subdivision 4, an order 17
mentioned in this section and made by a 18
Childrens Court magistrate is a sentence order. 19
377 Court's power on breach of boot camp order 20
(1) A court that acts under this section may revoke a 21
boot camp order and make either of the following 22
orders-- 23
(a) an order the child serve the sentence of 24
detention for which the boot camp order was 25
made; 26
(b) a conditional release order for the child. 27
(2) If the court orders the child to serve the sentence 28
of detention under subsection (1)(a), the court 29
must reduce the period of detention by the period 30
the court considers just, having regard to 31
everything done by the child to conform with the 32
boot camp order. 33
Page 33
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 55]
(3) If the court makes a conditional release order for 1
the child under subsection (1)(b), the court must 2
have regard to the period for which the child has 3
complied with the boot camp order. 4
(4) The court may make an order under this section 5
even though it is unnecessary to revoke the boot 6
camp order because the period the order was in 7
force has ended. 8
(5) For part 6, division 9, subdivision 4, an order 9
mentioned in this section and made by a 10
Childrens Court magistrate is a sentence order. 11
378 Continued boot camp (vehicle offences) 12
order--variation, discharge and resentence 13
(1) If a child is subject to a boot camp (vehicle 14
offences) order continued under section 370, the 15
child or the chief executive may apply to the 16
court that made the order to-- 17
(a) vary the requirements of the order, other 18
than the requirement that the child abstain 19
from violence; or 20
(b) discharge the order; or 21
(c) discharge the order and resentence the child 22
for the offence for which the order was 23
made as if the child had just been found 24
guilty before the court of the offence. 25
(2) Section 247(2) to (4) apply to an application 26
made under this section. 27
(3) Section 247(5) applies to an order made under 28
this section. 29
Page 34
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 55]
379 Continued boot camp order--revocation and 1
resentence 2
(1) If a child is subject to a boot camp order 3
continued under section 371, the child or the 4
chief executive may apply to the court that made 5
the order to revoke the order and make either of 6
the following orders-- 7
(a) an order the child serve the sentence of 8
detention for which the boot camp order was 9
made; 10
(b) a conditional release order. 11
(2) Section 247(2) to (4) apply to an application 12
made under this section. 13
(3) Section 247(5) applies to an order made under 14
this section. 15
Subdivision 4 No boot camp (vehicle 16
offences) orders or boot 17
camp orders after 18
commencement 19
380 Court may not make boot camp (vehicle 20
offences) order or boot camp order after 21
commencement 22
(1) In sentencing a child after the commencement a 23
court may not make a boot camp (vehicle 24
offences) order or a boot camp order against the 25
child. 26
(2) Subsection (1) applies-- 27
(a) whether the offence or the conviction of the 28
offence happened before or after the 29
commencement; or 30
(b) for a boot camp (vehicle offences) 31
order--whether or not a pre-sentence report 32
Page 35
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 55]
was ordered by the court, prepared by the 1
chief executive or received by the court 2
under repealed section 176B before the 3
commencement; or 4
(c) for a boot camp order--whether or not a 5
pre-sentence report was requested by the 6
court under repealed section 151(3A) before 7
the commencement. 8
Subdivision 5 Other transitional 9
provisions 10
381 Offence committed while on bail 11
(1) This section applies if-- 12
(a) before the commencement a child was 13
charged with an offence under repealed 14
section 59A; and 15
(b) at the commencement the charge of the 16
offence has not been finally dealt with in 17
any of the following ways-- 18
(i) the charge has been withdrawn; 19
(ii) the charge has been dismissed by the 20
court; 21
(iii) the child has been discharged; 22
(iv) the child has been acquitted; 23
(v) the child has been found guilty of, and 24
sentenced for, the offence. 25
(2) The child can not be prosecuted for, or further 26
prosecuted for, or convicted of, or punished for, 27
the offence. 28
Page 36
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 56]
382 Childhood finding of guilt 1
Section 148, as amended by the amending Act, applies 2
to the sentencing of an adult after the commencement 3
whether the offence the subject of the sentencing 4
happened before or after the commencement. 5
383 Sentence review 6
(1) A Childrens Court judge may conduct a review 7
under section 118 whether the sentence order 8
subject of the review was made before or after the 9
commencement. 10
(2) Subsection (1) applies subject to section 119(2). 11
384 Sentencing principles 12
Section 150, as amended by the amending Act, applies 13
to the sentencing of a child after the commencement 14
whether the offence or conviction happened before or 15
after the commencement. 16
385 Publication of identifying information about 17
child 18
Sections 234 and 301, as amended by the amending 19
Act, apply to identifying information about a child 20
whether or not the identifying information was the 21
subject of an order under repealed section 299A. 22
Clause 56 Amendment of sch 1 (Charter of youth justice principles) 23
(1) Schedule 1, items 17 to 19-- 24
renumber as items 18 to 20. 25
(2) Schedule 1-- 26
insert-- 27
Page 37
Youth Justice and Other Legislation Amendment Bill 2015
Part 2 Amendment of Youth Justice Act 1992
[s 57]
17 A child should be detained in custody for an 1
offence, whether on arrest or sentence, only as a 2
last resort and for the least time that is justified in 3
the circumstances. 4
Clause 57 Amendment of sch 2 (Regulation-making power) 5
(1) Schedule 2, items 13 and 14-- 6
omit. 7
(2) Schedule 2, item 5, from ', boot camp (vehicle offences)'-- 8
omit, insert-- 9
and conditional release orders. 10
(3) Schedule 2, items 6 and 7, 'or boot camp centres'-- 11
omit. 12
(4) Schedule 2, item 9, 'or in a boot camp centre'-- 13
omit. 14
(5) Schedule 2, item 10-- 15
omit, insert-- 16
10 Searches of children and their possessions in 17
detention centres. 18
Clause 58 Amendment of sch 4 (Dictionary) 19
(1) Schedule 4, definitions boot camp centre, boot camp centre 20
provider, boot camp order, boot camp program, boot camp 21
(vehicle offences) order, details of the boot camp program, 22
first-time offender, original offence, recidivist vehicle 23
offender, requirements of the boot camp order, residential 24
phase, subsequent offence and vehicle offence-- 25
omit. 26
(2) Schedule 4, definition program period, paragraph (c)-- 27
omit. 28
Page 38
Youth Justice and Other Legislation Amendment Bill 2015
Part 3 Amendment of Penalties and Sentences Act 1992
[s 59]
(3) Schedule 4, definition community based order, from ', boot 1
camp (vehicle offences)'-- 2
omit, insert-- 3
or conditional release order. 4
(4) Schedule 4, definition sentence order, paragraphs (e) and 5
(f)-- 6
omit. 7
Clause 59 Omission of sch 5 (Disqualifying offences) 8
Schedule 5-- 9
omit. 10
Part 3 Amendment of Penalties and 11
Sentences Act 1992 12
Clause 60 Act amended 13
This part amends the Penalties and Sentences Act 1992. 14
Clause 61 Amendment of s 9 (Sentencing guidelines) 15
(1) Section 9(2)(a) to (q)-- 16
renumber as section 9(2)(b) to (r). 17
(2) Section 9(2)-- 18
insert-- 19
(a) principles that-- 20
(i) a sentence of imprisonment should 21
only be imposed as a last resort; and 22
Page 39
Youth Justice and Other Legislation Amendment Bill 2015
Part 3 Amendment of Penalties and Sentences Act 1992
[s 61]
(ii) a sentence that allows the offender to 1
stay in the community is preferable; 2
and 3
(3) Section 9-- 4
insert-- 5
(2A) However, the principles mentioned in subsection 6
(2)(a) do not apply to the sentencing of an 7
offender for any offence-- 8
(a) that involved the use of, or counselling or 9
procuring the use of, or attempting or 10
conspiring to use, violence against another 11
person; or 12
(b) that resulted in physical harm to another 13
person. 14
(4) Section 9(3), 'a violent offender'-- 15
omit, insert-- 16
an offender to whom subsection (2A) applies 17
(5) Section 9(4)-- 18
omit, insert-- 19
(4) Also, in sentencing an offender for any offence of 20
a sexual nature committed in relation to a child 21
under 16 years-- 22
(a) the principles mentioned in subsection 23
(2)(a) do not apply; and 24
(b) the offender must serve an actual term of 25
imprisonment, unless there are exceptional 26
circumstances. 27
(6) Section 9(5), '(4)'-- 28
omit, insert-- 29
(4)(b) 30
Page 40
Youth Justice and Other Legislation Amendment Bill 2015
Part 3 Amendment of Penalties and Sentences Act 1992
[s 61]
(7) Section 9-- 1
insert-- 2
(6A) Also, the principles mentioned in subsection 3
(2)(a) do not apply to the sentencing of an 4
offender for the following offences-- 5
(a) an offence against the Classification of 6
Computer Games and Images Act 1995, 7
section 28 if the objectionable computer 8
game is a child abuse computer game under 9
the Act; 10
(b) an offence against any of the following 11
provisions of the Classification of Films Act 12
1991-- 13
(i) section 41(3) or 42(3) or (4); 14
(ii) section 43 if the offence involves a 15
child abuse film under the Act; 16
(c) an offence against any of the following 17
provisions of the Classification of 18
Publications Act 1991-- 19
(i) section 14; 20
(ii) section 12, 13, 15, 16 or 17 if the 21
offence involves a child abuse 22
publication or child abuse photograph 23
under the Act; 24
(d) an offence against the Criminal Code, 25
section 228A, 228B, 228C or 228D. 26
(8) Section 9(7), 'a child-images offender'-- 27
omit, insert-- 28
an offender to whom subsection (6A) applies 29
(9) Section 9(8), '(2)(o)'-- 30
omit, insert-- 31
(2)(p) 32
Page 41
Youth Justice and Other Legislation Amendment Bill 2015
Part 3 Amendment of Penalties and Sentences Act 1992
[s 62]
(10) Section 9(12)-- 1
omit. 2
(11) Section 9(13), definitions child-images offender and violent 3
offender-- 4
omit. 5
(12) Section 9(13)-- 6
renumber as section 9(12). 7
Clause 62 Amendment of s 195B (Access to court files by 8
representative of community justice group in offender's 9
community) 10
Section 195B(2), '9(2)(o)'-- 11
omit, insert-- 12
9(2)(p) 13
Clause 63 Amendment of s 195C (Confidentiality) 14
Section 195C(2)(a)(i), '9(2)(o)'-- 15
omit, insert-- 16
9(2)(p) 17
Clause 64 Amendment of s 195D (Protection from liability) 18
Section 195D(1)(b), '(9)(2)(o)'-- 19
omit, insert-- 20
9(2)(p) 21
Clause 65 Insertion of new pt 14, div 13 22
Part 14-- 23
insert-- 24
Page 42
Youth Justice and Other Legislation Amendment Bill 2015
Part 4 Amendment of Public Guardian Act 2014
[s 66]
Division 13 Transitional provision for 1
Youth Justice and Other 2
Legislation Amendment 3
Act 2015 4
240 Sentencing guidelines 5
Section 9, as amended by the Youth Justice and Other 6
Legislation Amendment Act 2015, applies to the 7
sentencing of an offender after the commencement 8
whether the offence or conviction happened before or 9
after the commencement. 10
Part 4 Amendment of Public Guardian 11
Act 2014 12
Clause 66 Act amended 13
This part amends the Public Guardian Act 2014. 14
Clause 67 Amendment of s 51 (Definitions for ch 4) 15
(1) Section 51, definition boot camp centre-- 16
omit. 17
(2) Section 51, definition visitable site, paragraph (c)-- 18
omit. 19
(3) Section 51, definition visitable site, paragraphs (d) and (e)-- 20
renumber as paragraphs (c) and (d). 21
Page 43
Youth Justice and Other Legislation Amendment Bill 2015
Part 5 Minor and consequential amendments
[s 68]
Clause 68 Amendment of sch 1 (Dictionary) 1
Schedule 1, definition boot camp centre-- 2
omit. 3
Part 5 Minor and consequential 4
amendments 5
Clause 69 Acts amended in sch 1 6
Schedule 1 amends the Acts it mentions. 7
Page 44
Youth Justice and Other Legislation Amendment Bill 2015
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 69 3
Police Powers and Responsibilities Act 2000 4
1 Section 365(3)-- 5
insert-- 6
Note-- 7
Under the youth justice principles in the Youth Justice 8
Act 1992, schedule 1, it is a principle of that Act that a 9
child should be detained in custody for an offence, 10
whether on arrest or sentence, only as a last resort and 11
for the least time that is justified in the circumstances. 12
Victims of Crime Assistance Act 2009 13
1 Section 15(3), note, paragraph (a), 'section 9(2)(b)(i)'-- 14
omit, insert-- 15
section 9(2)(c)(i) 16
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 45
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