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Queensland
Youth Justice (Boot Camp
Orders) and Other Legislation
Amendment Bill 2012
Queensland
Youth Justice (Boot Camp Orders) and
Other Legislation Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Youth Justice Act 1992
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Amendment of pt 2, div 3, hdg (Reference by police officer to
coordinator for a conference) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 22 (When a police officer may refer an offence
for a conference) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 24 (Powers of police officer if referral is
unsuccessful or if child contravenes conference agreement). . . . 8
7 Amendment of s 27 (Destruction of identifying particulars
taken under court order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 30 (Object of part and explanation). . . . . . . . . . 8
9 Replacement of s 31 (Appointment of coordinator and approval
of convenor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
31 Approval of convenor . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Replacement of s 32 (Protection against liability for convenor or
coordinator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
32 Protection against liability for chief executive or
convenor ........................... 10
11 Replacement of s 33 (Who may refer an offence to a
coordinator) ................................. 10
33 Who may refer an offence to the chief executive . . . . 10
12 Amendment of s 34 (Who may participate in a conference). . . . . 10
13 Replacement of s 35 (Convening of a conference) . . . . . . . . . . . 11
35 Convening of a conference. . . . . . . . . . . . . . . . . . . . . 11
14 Replacement of s 36 (Coordinator may persist in efforts to
achieve a conference agreement) . . . . . . . . . . . . . . . . . . . . . . . . 12
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Contents
36 Chief executive may persist in efforts to achieve a
conference agreement . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Amendment of s 37 (Form and content of conference
agreement) ................................... 12
16 Amendment of s 40 (Admissibility of a conference agreement
and related evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Amendment of s 41 (If chief executive signs agreement for
program) ..................................... 13
18 Amendment of s 67 (Limitation on justices) . . . . . . . . . . . . . . . . . 13
19 Amendment of s 151 (Pre-sentence report) . . . . . . . . . . . . . . . . . 14
20 Amendment of s 160 (Copy of court order or decision to be
given to child, parent etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Omission of pt 7, div 2 (Court referred conferences before
sentencing) ................................... 15
22 Amendment of s 175 (Sentence orders--general) . . . . . . . . . . . . 15
23 Amendment of s 176 (Sentence orders--life and other
significant offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Amendment of s 180 (Combination of detention order and other
orders) .................................... 15
25 Amendment of s 210 (Detention to be served in detention
centre) ..................................... 16
26 Amendment of s 219 (Purpose of conditional release order) . . . . 16
27 Insertion of new pt 7, div 10, sdivs 2A and 2B . . . . . . . . . . . . . . . 16
Subdivision 2A Boot camp orders
226A Purpose of boot camp order. . . . . . . . . . . . . . . . . . . . 16
226B Boot camp order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
226C Boot camp order--eligibility . . . . . . . . . . . . . . . . . . . . 17
226D Boot camp order--duration and requirements . . . . . . 18
Subdivision 2B Boot camp programs
226E Boot camp program . . . . . . . . . . . . . . . . . . . . . . . . . . 20
226F Effect of program period ending . . . . . . . . . . . . . . . . . 21
226G Program period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
226H Suspension of program . . . . . . . . . . . . . . . . . . . . . . . 21
28 Amendment of s 240 (General options available on breach of
order) ..................................... 22
29 Amendment of s 241 (General options available to superior
court to which child committed for breach) . . . . . . . . . . . . . . . . . . 22
30 Amendment of s 242 (General options available to court before
which child found guilty of an indictable offence) . . . . . . . . . . . . . 23
Page 2
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Contents
31 Amendment of s 243 (Court may resentence child originally
sentenced by lower court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Amendment of s 244 (General options available to court to
which child committed for breach by indictable offence) . . . . . . . 24
33 Amendment of s 245 (Court's power on breach of order other
than conditional release order). . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Amendment of s 246 (Court's power on breach of conditional
release order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35 Insertion of new s 246A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
246A Court's power on breach of boot camp order . . . . . . . 25
36 Amendment of s 247 (Variation, discharge and resentence in
the interests of justice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
37 Amendment of s 248 (Detention reduced to the extent just) . . . . 27
38 Amendment of s 249 (Matters relevant to making further order) . 27
39 Amendment of s 252 (Variations by consent). . . . . . . . . . . . . . . . 27
40 Insertion of new pt 8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 8A Boot camp centre administration
282A Boot camp centre provider . . . . . . . . . . . . . . . . . . . . . 28
282B Management of boot camp centres . . . . . . . . . . . . . . 28
282C Where children participate in boot camp program . . . 29
282D Authority for admission to boot camp centre . . . . . . . 29
282E Child must be given information on entry to boot
camp centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
282F Obligation to report harm to children in boot camp
centres ............................ 30
282G Chief executive may authorise treatment . . . . . . . . . . 31
282H Helping child gain access to lawyer . . . . . . . . . . . . . . 31
282I Protection of lawyer representing child. . . . . . . . . . . . 32
282J Complaints generally . . . . . . . . . . . . . . . . . . . . . . . . . 32
41 Amendment of s 284 (Definitions for pt 9) . . . . . . . . . . . . . . . . . . 33
42 Amendment of s 285 (When does someone gain information
through involvement in the administration of this Act) . . . . . . . . . 33
43 Amendment of s 295 (Disclosure by police of information about
cautions and youth justice conferences and agreements) . . . . . . 33
44 Amendment of s 296 (Disclosure by coordinator or convenor of
information about conference agreements) . . . . . . . . . . . . . . . . . 33
45 Insertion of new pt 11, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 10 Transitional provisions for Youth Justice (Boot
Camp Orders) and Other Legislation
Amendment Act 2012
Page 3
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Contents
354 Definitions for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 34
355 Application of provisions about destruction of
identifying particulars taken under court order . . . . . . 34
356 Application of provisions about referral by court for a
conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
357 Application of provisions about boot camp order . . . . 35
46 Amendment of sch 2 (Regulation-making power) . . . . . . . . . . . . 35
47 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 36
48 Insertion of new sch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Schedule 5 Disqualifying offences
Part 3 Amendment of Anti-Discrimination Act 1991
49 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
50 Insertion of new ss 106B and 106C . . . . . . . . . . . . . . . . . . . . . . . 39
106B Citizenship or visa requirements imposed under State
government policies etc.. . . . . . . . . . . . . . . . . . . . . . . 39
106C Accommodation for use in connection with work as sex
worker. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51 Insertion of new ch 11, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
271 Application of ch 2, pt 5 . . . . . . . . . . . . . . . . . . . . . . . 41
Part 4 Amendment of Fiscal Repair Amendment Act 2012
52 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
53 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . 42
54 Amendment of pt 4, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
55 Amendment of s 122 (Amendment of s 89 (Definitions for div 8)) 42
Page 4
2012
A Bill
for
An Act to amend the Youth Justice Act 1992, the
Anti-Discrimination Act 1991 and the Fiscal Repair Amendment
Act 2012, for particular purposes
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
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 (Boot Camp 4
Orders) and Other Legislation Amendment Act 2012. 5
Clause 2 Commencement 6
(1) The following provisions commence on 1 January 2013-- 7
(a) sections 3 to 17; 8
(b) sections 20 and 21; 9
(c) sections 41; 10
(d) sections 43 and 44; 11
(e) section 45 to the extent it inserts division 10, heading 12
and sections 354 to 356; 13
(f) section 46(1) and (2); 14
(g) section 47(1) to the extent it omits definition referring 15
police officer; 16
(h) section 47(2) to the extent it inserts definition referring 17
police officer. 18
(2) The following provisions commence on 31 January 2013-- 19
(a) section 18 and 19; 20
(b) sections 22 to 40; 21
(c) section 42; 22
(d) section 45 to the extent it inserts section 357; 23
(e) section 46(3) to (8); 24
Page 6
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 3]
(f) section 47(1) except to the extent it omits definition 1
referring police officer; 2
(g) section 47(2) except to the extent it inserts definition 3
referring police officer; 4
(h) section 47(3) to (5); 5
(i) section 48. 6
Part 2 Amendment of Youth Justice 7
Act 1992 8
Clause 3 Act amended 9
This part amends the Youth Justice Act 1992. 10
Clause 4 Amendment of pt 2, div 3, hdg (Reference by police 11
officer to coordinator for a conference) 12
Part 2, division 3, heading, `to coordinator'-- 13
omit. 14
Clause 5 Amendment of s 22 (When a police officer may refer an 15
offence for a conference) 16
(1) Section 22(1) and (3), `a coordinator'-- 17
omit, insert-- 18
`the chief executive'. 19
(2) Section 22(5)(f), `35(5)'-- 20
omit, insert-- 21
`35(5)(b)'. 22
Page 7
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 6]
(3) Section 22(6), `coordinator'-- 1
omit, insert-- 2
`chief executive'. 3
Clause 6 Amendment of s 24 (Powers of police officer if referral is 4
unsuccessful or if child contravenes conference 5
agreement) 6
Section 24(1)(a) and (3)(c), `a coordinator'-- 7
omit, insert-- 8
`the chief executive'. 9
Clause 7 Amendment of s 27 (Destruction of identifying particulars 10
taken under court order) 11
Section 27(5)-- 12
omit. 13
Clause 8 Amendment of s 30 (Object of part and explanation) 14
(1) Section 30(1), from `or after' to `court'-- 15
omit. 16
(2) Section 30(3)(a) and (5), `or court'-- 17
omit. 18
(3) Section 30(8)-- 19
omit. 20
Clause 9 Replacement of s 31 (Appointment of coordinator and 21
approval of convenor) 22
Section 31-- 23
omit, insert-- 24
Page 8
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 10]
`31 Approval of convenor 1
`(1) The chief executive may approve persons as conference 2
convenors. 3
`(2) Before approving a person as a convenor, the chief executive 4
must be satisfied the person has appropriate experience or 5
training to be a convenor. 6
`(3) A convenor has the following functions-- 7
(a) as provided under this Act, to convene particular 8
conferences; 9
(b) other functions conferred on the convenor under an Act. 10
`(4) The convenor of a particular conference must be independent 11
of the circumstances of the offence. 12
`(5) A convenor is not disqualified from convening a conference 13
about a particular offence only because, after a previous 14
conference convened by the convenor about the offence has 15
ended without an agreement-- 16
(a) the chief executive has arranged for the convenor to 17
convene another conference about the offence; or 18
(b) the offence has been referred to the chief executive for 19
another conference under section 24(3)(c). 20
`(6) A convenor has all powers-- 21
(a) necessary to perform the functions of a convenor; or 22
(b) conferred on the convenor under an Act. 23
`(7) A convenor may perform a function or exercise a power under 24
arrangements established by the chief executive for the 25
efficient management of the conference process.'. 26
Clause 10 Replacement of s 32 (Protection against liability for 27
convenor or coordinator) 28
Section 32-- 29
omit, insert-- 30
Page 9
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 11]
`32 Protection against liability for chief executive or 1
convenor 2
`The chief executive or a convenor do not incur civil liability 3
for an act done, or omission made, honestly and without 4
negligence by the chief executive or convenor performing 5
functions or exercising powers as the chief executive or 6
convenor.'. 7
Clause 11 Replacement of s 33 (Who may refer an offence to a 8
coordinator) 9
Section 33-- 10
omit, insert-- 11
`33 Who may refer an offence to the chief executive 12
`An offence may be referred for a conference to the chief 13
executive by a police officer under part 2, division 3 (the 14
referring police officer).'. 15
Clause 12 Amendment of s 34 (Who may participate in a 16
conference) 17
(1) Section 34(1)(g)-- 18
omit, insert-- 19
`(g) a representative of the commissioner of the police 20
service;'. 21
(2) Section 34(2)-- 22
omit, insert-- 23
`(2) To ensure that a victim of the offence is informed of the 24
entitlement under subsection (1)(e), the referring police 25
officer must give details of victims of the offence to the chief 26
executive.'. 27
Page 10
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 13]
Clause 13 Replacement of s 35 (Convening of a conference) 1
Section 35-- 2
omit, insert-- 3
`35 Convening of a conference 4
`(1) The convenor of a conference is responsible for convening the 5
conference. 6
`(2) If the child is not legally represented, the convenor must 7
ensure the child-- 8
(a) is informed of the right to obtain legal advice; and 9
(b) has reasonable information about how to obtain legal 10
advice and a reasonable opportunity to do so. 11
`(3) All decisions made by the convenor necessary for convening 12
the conference must be respected by the participants. 13
`(4) The conference must be directed towards making an 14
agreement (the conference agreement) about the offence. 15
`(5) A conference ends when-- 16
(a) a conference agreement is made; or 17
(b) the convenor ends the conference because-- 18
(i) the child fails to attend the conference as directed 19
by the referring police officer; or 20
(ii) the child denies committing the offence at the 21
conference; or 22
(iii) the convenor is satisfied-- 23
(A) the offence is unsuitable for a conference; or 24
(B) an agreement is unlikely to be made within a 25
time the convenor considers appropriate. 26
`(6) If a conference agreement is made or the conference is ended 27
by a convenor under subsection (5)(b), the chief executive 28
must give the referring police officer a report about the 29
Page 11
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 14]
outcome of the conference within 14 days after the conference 1
ends. 2
`(7) The report must be in the approved form.'. 3
Clause 14 Replacement of s 36 (Coordinator may persist in efforts 4
to achieve a conference agreement) 5
Section 36-- 6
omit, insert-- 7
`36 Chief executive may persist in efforts to achieve a 8
conference agreement 9
`If the conference is ended under section 35(5)(b) but the 10
chief executive considers it is worthwhile persisting with 11
efforts to make a conference agreement-- 12
(a) section 35(6) does not apply; and 13
(b) the chief executive must arrange for a convenor to 14
convene another conference.'. 15
Clause 15 Amendment of s 37 (Form and content of conference 16
agreement) 17
Section 37(2)(c)-- 18
omit, insert-- 19
`(c) a representative of the commissioner of the police 20
service; and'. 21
Clause 16 Amendment of s 40 (Admissibility of a conference 22
agreement and related evidence) 23
(1) Section 40(2)-- 24
omit, insert-- 25
`(2) Evidence of anything said or done in convening a conference 26
or in the performance by the convenor of the convenor's 27
functions is inadmissible in any proceeding.'. 28
Page 12
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 17]
(2) Section 40(4)(b)-- 1
omit. 2
(3) Section 40(4)(d), `a coordinator'-- 3
omit, insert-- 4
`the chief executive'. 5
(4) Section 40(4)(c) and (d)-- 6
renumber as section 40(4)(b) and (c). 7
(5) Section 40(5)-- 8
omit. 9
(6) Section 40(6)-- 10
renumber as section 40(5). 11
Clause 17 Amendment of s 41 (If chief executive signs agreement 12
for program) 13
Section 41(3)-- 14
omit, insert-- 15
`(3) If the child fails to comply with the agreement's requirements 16
about the program, the chief executive may-- 17
(a) take no action; or 18
(b) notify the referring police officer.'. 19
Clause 18 Amendment of s 67 (Limitation on justices) 20
Section 67(2)-- 21
omit, insert-- 22
`(2) The justices can not make the following-- 23
(a) a detention order; 24
(b) a boot camp order; 25
(c) a conditional release order.'. 26
Page 13
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 19]
Clause 19 Amendment of s 151 (Pre-sentence report) 1
Section 151-- 2
insert-- 3
`(3A) If the court is considering making a boot camp order against 4
the child, the court must request that the report contain the 5
following-- 6
(a) an assessment of the child's physical and mental health; 7
(b) advice from the chief executive on whether an 8
appropriate boot camp centre provider is available on 9
the child's release under a boot camp order and the 10
details of the boot camp program; 11
(c) an assessment of the suitability of the child for release 12
from detention under a boot camp order; 13
(d) a statement about whether the chief executive has 14
obtained the agreement of a parent of the child to 15
participate in the boot camp program; 16
(e) a statement that the details of the boot camp program 17
have been explained to the child in a way, and to an 18
extent, that is reasonable, having regard to the child's 19
age and ability to understand; 20
(f) a statement as to whether or not the child consents to 21
participating in the boot camp program.'. 22
Clause 20 Amendment of s 160 (Copy of court order or decision to 23
be given to child, parent etc.) 24
(1) Section 160(1)(c)-- 25
omit. 26
(2) Section 160(1)(d)-- 27
renumber as section 160(1)(c). 28
Page 14
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 21]
Clause 21 Omission of pt 7, div 2 (Court referred conferences 1
before sentencing) 2
Part 7, division 2-- 3
omit. 4
Clause 22 Amendment of s 175 (Sentence orders--general) 5
Section 175(3)-- 6
omit, insert-- 7
`(3) A court may make an order for a child's detention under 8
subsection (1)(g) with or without-- 9
(a) a conditional release order under section 220; or 10
(b) a boot camp order under section 226B.'. 11
Clause 23 Amendment of s 176 (Sentence orders--life and other 12
significant offences) 13
Section 176(4)-- 14
omit, insert-- 15
`(4) A court may make an order for a child's detention under 16
subsection (2) or (3) with or without-- 17
(a) a conditional release order under section 220; or 18
(b) a boot camp order under section 226B.'. 19
Clause 24 Amendment of s 180 (Combination of detention order and 20
other orders) 21
Section 180(2)-- 22
omit, insert-- 23
`(2) The court may make the detention order only for a maximum 24
period of 6 months and may not make-- 25
(a) a conditional release order; or 26
(b) a boot camp order.'. 27
Page 15
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 25]
Clause 25 Amendment of s 210 (Detention to be served in detention 1
centre) 2
Section 210(3)-- 3
omit, insert-- 4
`(3) Subsection (2) does not apply if the court makes-- 5
(a) a conditional release order under section 220; or 6
(b) a boot camp order under section 226B.'. 7
Clause 26 Amendment of s 219 (Purpose of conditional release 8
order) 9
Section 219, `a final'-- 10
omit, insert-- 11
`an'. 12
Clause 27 Insertion of new pt 7, div 10, sdivs 2A and 2B 13
After section 226-- 14
insert-- 15
`Subdivision 2A Boot camp orders 16
`226A Purpose of boot camp order 17
`The purpose of this subdivision is to provide for an option 18
instead of the detention of a child by allowing a court to 19
immediately release the child into a boot camp program under 20
a boot camp order. 21
`226B Boot camp order 22
`(1) A court that makes a detention order against a child may 23
immediately suspend the order and make an order (a boot 24
camp order) that the child-- 25
(a) be immediately released from the detention to which the 26
order relates; and 27
Page 16
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 27]
(b) be immediately released into a boot camp program. 1
`(2) The child must be released from detention in accordance with 2
the boot camp order. 3
`(3) A court may only make a boot camp order if the pre-sentence 4
report contains advice from the chief executive that an 5
appropriate boot camp centre provider is immediately 6
available on the child's release from detention. 7
`226C Boot camp order--eligibility 8
`(1) A court may make a boot camp order for a child only if 9
satisfied the child is an eligible child for the order. 10
`(2) Subject to subsection (3), a child is an eligible child for a boot 11
camp order if the child-- 12
(a) usually resides in an area prescribed under a regulation; 13
and 14
(b) has attained the age of 13 years at the time of sentence; 15
and 16
(c) consents to participating in a boot camp program. 17
`(3) A child is not an eligible child for a boot camp order if-- 18
(a) the child is being sentenced for a disqualifying offence; 19
or 20
(b) at any time, a finding of guilt has been made against the 21
child for a disqualifying offence; or 22
(c) a charge against the child for a disqualifying offence is 23
pending in a court; or 24
(d) the child is serving a period of detention in a detention 25
centre for another offence; or 26
(e) having regard to the following, the court is satisfied that 27
the child poses an unacceptable risk of physical harm to 28
other children in a boot camp program or a boot camp 29
centre provider's employees-- 30
(i) the pre-sentence report; 31
Page 17
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 27]
(ii) the nature and extent of any violent or sexual act-- 1
(A) committed or threatened, in the commission 2
of the offence the child is being sentenced 3
for; and 4
(B) alleged as part of any offence pending in a 5
court; 6
(iii) the past record of the child, including-- 7
(A) any attempted rehabilitation; and 8
(B) the number and circumstances of previous 9
offences of any type committed by the child; 10
and 11
(iv) any medical, psychiatric or other relevant report, in 12
relation to the child, which is before the court. 13
`(4) In this section-- 14
disqualifying offence means an offence mentioned in 15
schedule 5. 16
`226D Boot camp order--duration and requirements 17
`(1) A boot camp order must be for a period of at least 3 months 18
but not more than 6 months. 19
`(2) A boot camp order must state the following (the requirements 20
of the boot camp order)-- 21
(a) the name and location of the boot camp centre to which 22
the order relates; 23
(b) details of the boot camp program for the child; 24
(c) that the child must-- 25
(i) report in person to the chief executive by the end of 26
the day the order is made; and 27
(ii) comply with the reasonable and lawful direction of 28
the chief executive and any person authorised by 29
the chief executive to facilitate any phase of the 30
boot camp program; and 31
Page 18
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 27]
(iii) attend and participate in a boot camp program 1
mentioned in paragraph (b) as directed by the chief 2
executive; and 3
(iv) not leave the boot camp centre stated in the order 4
except with the written consent of the chief 5
executive; 6
(d) that, during the program period-- 7
(i) the child abstain from violation of the law; and 8
(ii) the child report and receive visits as directed by the 9
chief executive; and 10
(iii) the child or a parent of the child notify the chief 11
executive within 2 business days of any change of 12
the child's address, employment or school; and 13
(iv) the child not leave, or stay out of, Queensland 14
without the prior approval of the chief executive; 15
and 16
(v) the child comply, during the whole or a part of the 17
program period, with conditions that the court 18
considers necessary for preventing the following-- 19
(A) a repetition by the child of the offence for 20
which the detention order was made; or 21
(B) the commission by the child of other 22
offences. 23
`(3) A boot camp order may also contain a requirement (also a 24
requirement of the boot camp order) that the child must 25
comply with outside the State. 26
Example -- 27
An order may require the child to attend a particular educational 28
establishment that is located outside the State. 29
`(4) A requirement imposed by a court under subsection (2)-- 30
(a) must relate to the offence for which the detention order 31
was made; and 32
(b) must be supported by the court's written reasons. 33
Page 19
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 27]
`Subdivision 2B Boot camp programs 1
`226E Boot camp program 2
`(1) The chief executive may approve a program (a boot camp 3
program) that provides-- 4
(a) intensive support for a child by giving the child 5
information, training, instruction and supervision; and 6
(b) access to developmental and mentoring programs. 7
`(2) In approving a boot camp program the chief executive must 8
have regard to the following-- 9
(a) the child's cultural, developmental, educational, 10
emotional, health, intellectual, physical and social 11
needs; 12
(b) reducing the risk of the child reoffending; 13
(c) community reparation. 14
`(3) A boot camp program approved by the chief executive must 15
include the following-- 16
(a) a 1 month placement at a boot camp centre (the 17
residential phase) before the community supervision 18
phase; 19
(b) a maximum 5 month period of community supervision 20
(the community supervision phase) to commence at the 21
completion of the residential phase. 22
`(4) However, if a child is subject to an existing boot camp order, 23
the boot camp program approved by the chief executive must 24
not require a further period of placement at a boot camp 25
centre. 26
`(5) The chief executive must make information about the boot 27
camp programs available for inspection on the department's 28
website. 29
Editor's note-- 30
The department's internet site is located at 31
. 32
Page 20
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 27]
`226F Effect of program period ending 1
`Subject to division 12, at the end of the program period the 2
child is no longer liable to serve a period of detention under 3
the detention order. 4
`226G Program period 5
`(1) The program period of a child's boot camp program starts 6
when the boot camp order is made and ends at the later of the 7
following times (the program period)-- 8
(a) the end of the last day of the period of the boot camp 9
order; 10
(b) if the boot camp program was suspended for part or all 11
of any days (the suspended days)--the end of the day 12
that is the last day of the period of the order and, 13
additionally, the number of suspended days. 14
`(2) If, at the time a court makes a boot camp order for a child-- 15
(a) another boot camp order has already been made against 16
the child; and 17
(b) the boot camp program under the other order has not 18
ended; 19
the period when the child is subject to both boot camp 20
programs is counted concurrently.'. 21
`226H Suspension of program 22
`(1) If, during the program period, a child for good reason is 23
unable to participate in the program the chief executive may, 24
by written notice given to the child, suspend the program for a 25
stated period. 26
`(2) The period for which the program is suspended is not to be 27
counted as part of the program period.'. 28
Page 21
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 28]
Clause 28 Amendment of s 240 (General options available on 1
breach of order) 2
(1) Section 240(2)(a), after `conditional release order'-- 3
insert-- 4
`or a boot camp order'. 5
(2) Section 240(2)-- 6
insert-- 7
`(c) for a boot camp order--deal with the child under section 8
246A.'. 9
(3) Section 240(3)(b)(i), after `conditional release order'-- 10
insert-- 11
`or a boot camp order'. 12
(4) Section 240(3)(b)-- 13
insert-- 14
`(iii) for a boot camp order--deal with the child under 15
section 246A(2).'. 16
Clause 29 Amendment of s 241 (General options available to 17
superior court to which child committed for breach) 18
(1) Section 241(2)(a), after `conditional release order'-- 19
insert-- 20
`or a boot camp order'. 21
(2) Section 241(2)-- 22
insert-- 23
`(c) for a boot camp order--deal with the child under section 24
246A.'. 25
Page 22
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 30]
Clause 30 Amendment of s 242 (General options available to court 1
before which child found guilty of an indictable offence) 2
(1) Section 242(2)(a), after `conditional release order'-- 3
insert-- 4
`or a boot camp order'. 5
(2) Section 242(2)-- 6
insert-- 7
`(c) for a boot camp order--deal with the child under section 8
246A.'. 9
(3) Section 242(3)(b)(i), after `conditional release order'-- 10
insert-- 11
`or a boot camp order'. 12
(4) Section 242(3)(b)-- 13
insert-- 14
`(iii) for a boot camp order--deal with the child under 15
section 246A(2).'. 16
Clause 31 Amendment of s 243 (Court may resentence child 17
originally sentenced by lower court) 18
(1) Section 243(2)(a), after `conditional release order'-- 19
insert-- 20
`or a boot camp order'. 21
(2) Section 243(2)-- 22
insert-- 23
`(c) for a boot camp order--section 246A(1)(a).'. 24
(3) Section 243(4)(a), after `conditional release order'-- 25
insert-- 26
`or a boot camp order'. 27
Page 23
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 32]
(4) Section 243(4)-- 1
insert-- 2
`(c) for a boot camp order--section 246A(1)(a).'. 3
Clause 32 Amendment of s 244 (General options available to court 4
to which child committed for breach by indictable 5
offence) 6
(1) Section 244(2)(a), after `conditional release order'-- 7
insert-- 8
`or a boot camp order'. 9
(2) Section 244(2)-- 10
insert-- 11
`(c) for a boot camp order--deal with the child under section 12
246A.'. 13
Clause 33 Amendment of s 245 (Court's power on breach of order 14
other than conditional release order) 15
(1) Section 245, heading, `order other than conditional release 16
order'-- 17
omit, insert-- 18
`a community based order other than a conditional release 19
order or boot camp order'. 20
(2) Section 245(1)(d), after `community based order'-- 21
insert-- 22
`other than a conditional release order or a boot camp order'. 23
(3) Section 245-- 24
insert-- 25
`(7) In this section-- 26
community based order means a community based order 27
other than a conditional release order or a boot camp order.'. 28
Page 24
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 34]
Clause 34 Amendment of s 246 (Court's power on breach of 1
conditional release order) 2
(1) Section 246(1)-- 3
omit, insert-- 4
`(1) A court that acts under this section may revoke the conditional 5
release order and-- 6
(a) order the child to serve the sentence of detention for 7
which the conditional release order was made; or 8
(b) make a boot camp order for the child.'. 9
(2) Section 246-- 10
insert-- 11
`(4A) If the court decides to make a boot camp order under 12
subsection (1), the court must have regard to the period for 13
which the child has complied with the conditional release 14
order.'. 15
Clause 35 Insertion of new s 246A 16
After section 246-- 17
insert-- 18
`246A Court's power on breach of boot camp order 19
`(1) A court that acts under this section may revoke a boot camp 20
order and-- 21
(a) order the child to serve the sentence of detention for 22
which the boot camp order was made; or 23
(b) make a new boot camp order for the child; or 24
(c) make a conditional release order for the child. 25
`(2) However, instead of revoking the boot camp order, the court 26
may permit the child a further opportunity to satisfy the 27
requirements of the boot camp order and, for that purpose, 28
may vary the requirements in a way the court considers just. 29
Page 25
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 36]
Example-- 1
The court may vary a curfew requirement. 2
`(3) If a court varies a boot camp order under subsection (2) the 3
court can not vary the details of the boot camp program. 4
Example-- 5
The court can not order the child to again participate in the residential 6
phase of the boot camp program if the child has already completed that 7
phase. 8
`(4) The onus is on the child to satisfy the court it should permit 9
the child this further opportunity. 10
`(5) If the court makes a conditional release order for the child 11
under subsection (1)(c), the court must have regard to the 12
period for which the child has complied with the boot camp 13
order. 14
`(6) If the court decides to extend the period of the boot camp 15
order, the court must have regard to the period for which the 16
child has complied with the order. 17
`(7) An order may be made under this section even though, at the 18
time it is made, the boot camp order in relation to which the 19
order is made is no longer in force because the period of the 20
boot camp order has ended. 21
`(8) For the purpose of subsection (7), the boot camp order is taken 22
to continue in force until a proceeding under this section is 23
heard and decided.'. 24
Clause 36 Amendment of s 247 (Variation, discharge and 25
resentence in the interests of justice) 26
(1) Section 247(1)(b), after `conditional release order'-- 27
insert-- 28
`or a boot camp order'. 29
(2) Section 247(1)(c)-- 30
omit, insert-- 31
`(c) for a conditional release order, revoke the order and-- 32
Page 26
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 37]
(i) order the child to serve the sentence of detention 1
for which the conditional release order was made; 2
or 3
(ii) make a boot camp order; or 4
(d) for a boot camp order, revoke the order and-- 5
(i) order the child to serve the sentence of detention 6
for which the boot camp order was made; or 7
(ii) make a conditional release order.'. 8
Clause 37 Amendment of s 248 (Detention reduced to the extent 9
just) 10
(1) Section 248(1), after `a conditional release order'-- 11
insert-- 12
`or a boot camp order'. 13
(2) Section 248(1) and (2), after `the conditional release order'-- 14
insert-- 15
`or boot camp order'. 16
Clause 38 Amendment of s 249 (Matters relevant to making further 17
order) 18
Section 249(1), after `conditional release order'-- 19
insert-- 20
`or a boot camp order'. 21
Clause 39 Amendment of s 252 (Variations by consent) 22
Section 252(1), after `conditional release order'-- 23
insert-- 24
`or a boot camp order'. 25
Page 27
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 40]
Clause 40 Insertion of new pt 8A 1
After section 282-- 2
insert-- 3
`Part 8A Boot camp centre 4
administration 5
`282A Boot camp centre provider 6
`(1) The chief executive may approve a person (a boot camp 7
centre provider) to provide a boot camp centre for the 8
placement of the child. 9
`(2) Before approving a person as a boot camp centre provider, the 10
chief executive must be satisfied the person has appropriate 11
experience or expertise to be a boot camp centre provider. 12
`282B Management of boot camp centres 13
`(1) A boot camp centre provider must provide services and 14
facilities at the boot camp centre that provide for the 15
following-- 16
(a) the health and wellbeing of children at the centre; 17
(b) the cultural, educational, emotional, intellectual, 18
physical and social development of children at the 19
centre; 20
(c) security and management of the centre; 21
(d) the safe custody of children at the centre; 22
(e) the maintenance of discipline and good order at the 23
centre. 24
`(2) A boot camp centre provider may provide for the matters 25
mentioned in subsection (1) by using any convenient form of 26
direction, including, for example, rules relating to the 27
following-- 28
(a) organisation of the boot camp centre; 29
Page 28
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 40]
(b) the conduct and responsibilities of boot camp centre 1
employees; 2
(c) the types of programs for children participating in the 3
residential phase of the boot camp program; 4
(d) contact between children participating in the residential 5
phase of the boot camp program and members of the 6
public; 7
(e) arrangements for educational, recreational and social 8
activities of children participating in the residential 9
phase of the boot camp program. 10
`(3) Also, as far as reasonably practicable, the boot camp centre 11
provider must ensure the youth justice principles are complied 12
with in relation to each child participating in the residential 13
phase of the boot camp program. 14
`(4) Subsection (3) does not limit another provision of this Act. 15
`(5) The chief executive must monitor the operation of the boot 16
camp centres. 17
`282C Where children participate in boot camp program 18
`The chief executive must decide the boot camp centre at 19
which a child released into a boot camp program is to 20
participate in the residential phase. 21
`282D Authority for admission to boot camp centre 22
`The chief executive must not direct a child to attend a boot 23
camp centre unless the chief executive has received a copy of 24
the boot camp order. 25
`282E Child must be given information on entry to boot 26
camp centre 27
`(1) The boot camp centre provider must ensure that, as soon as 28
practicable after a child first attends the boot camp centre, the 29
Page 29
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 40]
child is given a document containing the following 1
information-- 2
(a) the rules governing the centre; 3
(b) the child's rights and responsibilities under the youth 4
justice principles; 5
(c) how, and to whom, the child may make a complaint 6
about a matter relating to the residential phase of the 7
boot camp program; 8
(d) how the child can access legal services during the 9
residential phase of the boot camp program; 10
(e) the obligation on a boot camp centre employee under 11
section 282F to report any harm the child suffers during 12
the residential phase of the boot camp program; 13
(f) any other information the boot camp centre provider 14
considers appropriate. 15
`(2) The boot camp centre provider must also ensure the 16
information in the document is orally explained to the child in 17
a way, and to an extent, that is reasonable, having regard to the 18
child's age and ability to understand. 19
`282F Obligation to report harm to children in boot camp 20
centres 21
`(1) If a boot camp centre employee becomes aware, or reasonably 22
suspects, that a child has suffered harm while participating in 23
the residential phase of the boot camp program, the employee 24
must, unless the employee has a reasonable excuse, report the 25
harm or suspected harm to the chief executive-- 26
(a) immediately; and 27
(b) if a regulation is in force under subsection (3)--in 28
compliance with the regulation. 29
Maximum penalty--20 penalty units. 30
`(2) It is immaterial how the harm was caused. 31
Page 30
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 40]
`(3) A regulation may prescribe the way the report must be given 1
or the particulars that the report must include. 2
`(4) It is a reasonable excuse, for the employee not to report a 3
matter, that reporting the matter might tend to incriminate the 4
employee. 5
`(5) Subsection (1) does not apply if the employee knows or 6
reasonably considers that the chief executive is aware of the 7
harm or suspected harm. 8
`(6) In this section-- 9
harm, to a child, is any detrimental effect of a significant 10
nature on the child's physical, psychological or emotional 11
wellbeing. 12
`282G Chief executive may authorise treatment 13
`Despite any other Act or law, the chief executive is 14
authorised to give consent to any medical treatment of a child 15
in a boot camp centre if-- 16
(a) the medical treatment requires the consent of a parent of 17
the child; and 18
(b) the chief executive is unable to ascertain the 19
whereabouts of a parent of the child despite reasonable 20
inquiries; and 21
(c) it would be detrimental to the child's health to delay the 22
medical treatment until the parent's consent can be 23
obtained. 24
`282H Helping child gain access to lawyer 25
`The boot camp centre provider must ensure that, if a child 26
participating in the residential phase of a boot camp program 27
asks the chief executive or a boot camp centre employee for 28
help in gaining access to a lawyer, the child is given the help 29
that is reasonable in the circumstances. 30
Page 31
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 40]
`282I Protection of lawyer representing child 1
`(1) A lawyer representing a child participating in a boot camp 2
program at a boot camp centre is entitled to access to the child 3
at all reasonable times. 4
`(2) A boot camp centre employee-- 5
(a) must allow the lawyer to conduct an interview with the 6
child out of the hearing of any other person; and 7
(b) must not open, copy, remove or read any 8
correspondence-- 9
(i) from the child to the lawyer; or 10
(ii) from the lawyer to the child. 11
`(3) Subsection (2)(b) does not prevent a boot camp centre 12
employee from handling the correspondence to the extent 13
necessary to give the child access to it or, at the child's 14
request, to store it in a secure place. 15
`282J Complaints generally 16
`(1) A child or parent of a child participating in a boot camp 17
program may complain about a matter that affects the child. 18
`(2) The chief executive must issue written instructions on how a 19
complaint may be made and dealt with, which may include 20
that the complaint must be made to a community visitor or 21
other appropriate authority. 22
`(3) Despite subsection (2), a child is entitled to complain directly 23
to a community visitor. 24
`(4) The chief executive need not deal with a complaint that the 25
chief executive reasonably believes to be trivial or made only 26
to cause annoyance. 27
`(5) The chief executive must tell the child how the complaint will 28
be dealt with. 29
`(6) This section does not limit the powers of a community 30
visitor.'. 31
Page 32
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 41]
Clause 41 Amendment of s 284 (Definitions for pt 9) 1
Section 284-- 2
insert-- 3
`coordinator means a person appointed as a youth justice 4
coordinator under section 31 before the commencement of 5
this section.'. 6
Clause 42 Amendment of s 285 (When does someone gain 7
information through involvement in the administration of 8
this Act) 9
Section 285(1)(h)-- 10
omit, insert-- 11
`(h) a person who is a boot camp centre provider; 12
(i) anyone else performing a function under or for a 13
purpose of this Act.'. 14
Clause 43 Amendment of s 295 (Disclosure by police of information 15
about cautions and youth justice conferences and 16
agreements) 17
Section 295(2)(g)-- 18
omit. 19
Clause 44 Amendment of s 296 (Disclosure by coordinator or 20
convenor of information about conference agreements) 21
(1) Section 296, heading, `coordinator'-- 22
omit, insert-- 23
`chief executive'. 24
(2) Section 296(1), `a coordinator'-- 25
omit, insert-- 26
`the chief executive'. 27
Page 33
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 45]
(3) Section 296(2), `coordinator'-- 1
omit, insert-- 2
`chief executive'. 3
(4) Section 296(2)(a), `or court under section 35(7)'-- 4
omit, insert-- 5
`under section 35(6)'. 6
Clause 45 Insertion of new pt 11, div 10 7
Part 11, after division 9-- 8
insert-- 9
`Division 10 Transitional provisions for Youth 10
Justice (Boot Camp Orders) and 11
Other Legislation Amendment Act 12
2012 13
`354 Definitions for div 10 14
`In this division-- 15
amending act means the Youth Justice (Boot Camp Orders) 16
and Other Legislation Amendment Act 2012. 17
commencement means the commencement of the provision in 18
which the term is used. 19
`355 Application of provisions about destruction of 20
identifying particulars taken under court order 21
`(1) This section applies for deciding the end of the proceeding for 22
section 27 in relation to the referral of an offence to a 23
conference under section 161(3)(a)(i) before the 24
commencement. 25
`(2) Section 27(5) as in force immediately before the 26
commencement continues to apply after the commencement 27
to decide the end of the proceeding. 28
Page 34
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 46]
`356 Application of provisions about referral by court for a 1
conference 2
`(1) This section applies to a referral by a court to a coordinator for 3
a conference made under section 161 as in force immediately 4
before the commencement. 5
`(2) Part 7, division 2 as in force immediately before the 6
commencement continues to apply to the offence as if the 7
amending Act had not commenced. 8
`(3) Despite subsection (2)-- 9
(a) a reference in part 7, division 2 to a coordinator is taken 10
to be a reference to the chief executive; and 11
(b) for the purposes of any function, power or obligation 12
that the coordinator may or is required to exercise, the 13
chief executive may or must exercise that function, 14
power or obligation. 15
`357 Application of provisions about boot camp order 16
`(1) A court may make a boot camp order against a child 17
sentenced after the commencement. 18
`(2) Subsection (1) applies even if one or both the following 19
happened before the commencement-- 20
(a) the commission of the offence; 21
(b) the start of the proceeding for the offence.'. 22
23
Clause 46 Amendment of sch 2 (Regulation-making power) 24
(1) Schedule 2, item 2(b), `a conference coordinator'-- 25
omit, insert-- 26
`the chief executive'. 27
(2) Schedule 2, item 2(f), `coordinators'-- 28
omit, insert-- 29
`the chief executive'. 30
Page 35
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 47]
(3) Schedule 2, item 5, `and conditional release orders'-- 1
omit, insert-- 2
`, conditional release orders and boot camp orders'. 3
(4) Schedule 2, item 6, after `detention centres'-- 4
insert-- 5
`or boot camp centres'. 6
(5) Schedule 2, item 7, after `detention centres'-- 7
insert-- 8
`or boot camp centres'. 9
(6) Schedule 2, item 9, after `detention'-- 10
insert-- 11
`or in a boot camp centre'. 12
(7) Schedule 2, item 10-- 13
omit, insert-- 14
`10 Searches of children and their possessions in-- 15
(a) detention centres; or 16
(b) boot camp centres.'. 17
(8) Schedule 2-- 18
insert-- 19
`13 Areas to be prescribed for the purpose of eligibility for a boot 20
camp order.'. 21
Clause 47 Amendment of sch 4 (Dictionary) 22
(1) Schedule 4, definitions conference before sentence, 23
coordinator, indefinite referral, referring court and referring 24
police officer. 25
omit. 26
(2) Schedule 4-- 27
Page 36
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 48]
insert-- 1
`boot camp centre means a place operated by a boot camp 2
centre provider that provides services and facilities necessary 3
for the residential phase of a boot camp program. 4
boot camp centre provider means a person approved under 5
section 282A. 6
boot camp order means an order made under section 226B. 7
boot camp program see section 226E. 8
details of the boot camp program means details about the 9
boot camp program under section 226E(1). 10
referring police officer, for an offence referred to a 11
conference, see section 33. 12
requirements of the boot camp order see section 226D(2) and 13
(3). 14
residential phase, for a boot camp program, see section 15
226E(3)(a).'. 16
(3) Schedule 4, definition community based order, `or conditional 17
release order'-- 18
omit, insert-- 19
`, conditional release order or boot camp order'. 20
(4) Schedule 4, definition program period-- 21
insert-- 22
`(c) for a boot camp order--see section 226G.'. 23
(5) Schedule 4, definition sentence order-- 24
insert-- 25
`(e) a boot camp order under section 226B.'. 26
Clause 48 Insertion of new sch 5 27
After schedule 4-- 28
insert-- 29
Page 37
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 2 Amendment of Youth Justice Act 1992
[s 48]
`Schedule 5 Disqualifying offences 1
section 226C 2
Criminal Code 3
Section Section heading or description of offence
208(2) Unlawful sodomy
210(3) or (4) Indecent treatment of children under 16
213(3)(a) Owner etc. permitting abuse of children on premises
215(3) Carnal knowledge with or of children under 16
216(3)(a) or (b) Abuse of persons with an impairment of the mind
219(3)(a) Taking child for immoral purposes
222(1) Incest
305 Punishment of murder
306 Attempt to murder
310 Punishment of manslaughter
317 Acts intended to cause grievous bodily harm and other
malicious acts
349 Rape
351 Assault with intent to commit rape
352(3) Sexual assaults
Page 38
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 3 Amendment of Anti-Discrimination Act 1991
[s 49]
Part 3 Amendment of 1
Anti-Discrimination Act 1991 2
Clause 49 Act amended 3
This part amends the Anti-Discrimination Act 1991. 4
Clause 50 Insertion of new ss 106B and 106C 5
After section 106A-- 6
insert-- 7
`106B Citizenship or visa requirements imposed under State 8
government policies etc. 9
`(1) This Act does not apply in relation to-- 10
(a) the inclusion of a prescribed eligibility provision in a 11
relevant policy; or 12
(b) the performance of a function by a person in connection 13
with a prescribed eligibility provision. 14
`(2) In this section, a reference to performing a function includes a 15
reference to exercising a power or carrying out a 16
responsibility. 17
`(3) In this section-- 18
government entity-- 19
(a) means an entity mentioned in the Public Service Act 20
2008, section 24(1); but 21
(b) does not include-- 22
(i) a GOC, other than to the extent the GOC is 23
directed to perform an obligation under the 24
Government Owned Corporations Act 1993 or 25
another Act; or 26
(ii) an entity mentioned in the Public Service Act 2008, 27
section 24(2)(a), (b), (c), (d), (e), (f), (g), (i) or (j). 28
prescribed eligibility provision, of a relevant policy, means-- 29
Page 39
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 3 Amendment of Anti-Discrimination Act 1991
[s 51]
(a) a provision requiring that a person must have a 1
particular citizenship or visa status to be eligible for 2
financial or other assistance, services or support under 3
the policy; or 4
(b) a provision under which persons who have a particular 5
citizenship or visa status are treated more favourably 6
than other persons in relation to their eligibility for 7
financial or other assistance, services or support under 8
the policy. 9
relevant policy means a policy of a government entity-- 10
(a) that relates to any area of activity set out in part 4; and 11
(b) under which persons are provided with financial or other 12
assistance, services or support. 13
visa see the Migration Act 1958 (Cwlth), section 5. 14
`106C Accommodation for use in connection with work as sex 15
worker 16
`It is not unlawful for a person (an accommodation provider) 17
to discriminate against another person (the other person) 18
by-- 19
(a) refusing to supply accommodation to the other person; 20
or 21
(b) evicting the other person from accommodation; or 22
(c) treating the other person unfavourably in any way in 23
connection with accommodation; 24
if the accommodation provider reasonably believes the other 25
person is using, or intends to use, the accommodation in 26
connection with that person's, or another person's, work as a 27
sex worker.'. 28
Clause 51 Insertion of new ch 11, pt 3 29
Chapter 11-- 30
insert-- 31
Page 40
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 3 Amendment of Anti-Discrimination Act 1991
[s 51]
`Part 3 Transitional provision for Youth 1
Justice (Boot Camp Orders) 2
and Other Legislation 3
Amendment Act 2012 4
`271 Application of ch 2, pt 5 5
`(1) Chapter 2, part 5 as in force immediately before the 6
introduction day continues to apply in relation to a 7
pre-introduction complaint. 8
`(2) Chapter 2, part 5 as amended by the amendment Act applies 9
in relation to a complaint made under section 136 on or after 10
the introduction day. 11
`(3) To remove any doubt, it is declared that subsection (2) applies 12
for the purposes of-- 13
(a) the hearing of the complaint by the tribunal; and 14
(b) any appeal against a decision or order made by the 15
tribunal in relation to the complaint. 16
`(4) In this section-- 17
amendment Act means the Youth Justice (Boot Camp Orders) 18
and Other Legislation Amendment Act 2012. 19
introduction day means the day on which the Bill for the 20
amendment Act was introduced in the Legislative Assembly. 21
pre-introduction complaint means a complaint made under 22
section 136 before the introduction day, whether or not the 23
complaint is accepted by the commissioner before the 24
introduction day.'. 25
Page 41
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012
Part 4 Amendment of Fiscal Repair Amendment Act 2012
[s 52]
Part 4 Amendment of Fiscal Repair 1
Amendment Act 2012 2
Clause 52 Act amended 3
This part amends the Fiscal Repair Amendment Act 2012. 4
Clause 53 Amendment of s 2 (Commencement) 5
Section 2(3), `July'-- 6
omit, insert-- 7
`January'. 8
Clause 54 Amendment of pt 4, div 3, hdg 9
Part 4, division 3, heading, `July'-- 10
omit, insert-- 11
`January'. 12
Clause 55 Amendment of s 122 (Amendment of s 89 (Definitions for 13
div 8)) 14
Section 122(2), inserted definition former section 42, `July'-- 15
omit, insert-- 16
`January'. 17
Editor's note-- 18
Legislation ultimately amended-- 19
· Liquor Act 1992 20
© State of Queensland 2012
Page 42
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