Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Young Offenders Amendment Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Part 3 Division 1 heading inserted 2
6. Section 11 amended and transitional 3
7. Sections 11A to 11F inserted 4
8. Section 12 amended 7
9. Section 15A inserted 7
10. Section 17 amended 10
11. Part 3 Division 2 inserted 11
12. Section 25 amended 13
13. Section 28 replaced 13
14. Section 29 amended 14
15. Section 31 amended 14
16. Section 32 amended 15
17. Section 35 amended 16
18. Section 36 amended 16
19. Section 37 amended 16
20. Section 37A inserted 17
21. Section 54 amended 18
22. Section 103 amended 18
23. Section 109A and 109B inserted 18
24. Section 114 amended 21
25. Section 115 amended 22
26. Section 119A inserted 23
27. Section 132 amended 23
28. Sections 136A and 136B inserted 24
29. Section 145 amended 26
30. Section 147A inserted 27
31. Section 149 amended 28
305--3 page i
Young Offenders Amendment Bill 2004
Contents
32. Section 150 amended 29
33. Section 152 amended 29
34. Section 153 amended 30
35. Section 154 amended 30
36. Section 157 amended 31
37. Section 169A inserted 31
38. Section 170 amended 32
39. Section 173 amended 32
40. Section 181 amended 33
41. Section 193A inserted 33
42. Section 196 amended 34
43. Section 197 inserted 36
44. Schedule 1 amended 36
45. Schedule 2 amended 37
Schedule 1 -- Transitional 38
1. Interpretation 38
2. Conditions of employment of "group workers" on
commencement to continue 38
3. Conditions of employment of other employees and
officers on commencement to continue 38
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in committee)
Young Offenders Amendment Bill 2004
A Bill for
An Act to amend the Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Young Offenders Amendment
Act 2004.
page 1
Young Offenders Amendment Bill 2004
s. 2
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
5 3. The Act amended
The amendments in this Act are to the Young Offenders
Act 1994*.
[* Reprinted as at 8 December 2000.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2003, Table 1, p. 441 and
Acts Nos. 50 of 2003 and 4 of 2004.]
4. Section 3 amended
Section 3 is amended before the definition of "attendance
conditions" by inserting the following definition --
15 "
"Aboriginal community" has the meaning given to
that term in section 3 of the Aboriginal
Communities Act 1979;
".
20 5. Part 3 Division 1 heading inserted
Before section 9 the following heading is inserted --
"
Division 1 -- General
".
page 2
Young Offenders Amendment Bill 2004
s. 6
6. Section 11 amended and transitional
(1) Section 11(1) and (2) are repealed and the following subsections
are inserted instead --
"
5 (1) The chief executive officer may appoint, under and
subject to Part 3 of the Public Sector Management
Act 1994, such officers and other persons as are
necessary to implement or administer this Act.
(1a) In addition to persons appointed under subsection (1)
10 and for the purposes of this Act the chief executive
officer may appoint --
(a) custodial officers for primarily
non-administrative functions ("group
workers"); and
15 (b) officers and employees of particular classes as
are prescribed by the regulations,
and may terminate the appointment of those persons in
the prescribed circumstances.
(1b) The custodial officers appointed under
20 subsection (1a)(a) --
(a) may be subject to employment conditions set
out in an award or industrial agreement; and
(b) in prescribed circumstances, may be subject to
such disciplinary procedures as are set out in
25 the regulations.
(2) The officers and employees appointed under
subsection (1a)(b) --
(a) are to have such functions as are given to them
under the regulations;
30 (b) may be subject to employment conditions set
out in an award or industrial agreement; and
page 3
Young Offenders Amendment Bill 2004
s. 7
(c) in prescribed circumstances, may be subject to
such disciplinary procedures as are set out in
the regulations.
".
5 (2) Section 11(3) is amended after "Appointments" by inserting --
" under subsection (1a) ".
(3) Schedule 1 has effect.
7. Sections 11A to 11F inserted
After section 11 the following sections are inserted --
10 "
11A. Duties of all officers and employees
Every officer, person or employee appointed under
section 11 --
(a) must observe all rules made under this Act;
15 (b) must make such returns and reports to the chief
executive officer as the chief executive officer
may from time to time direct; and
(c) must make any records relating to any young
offender available, upon request of the chief
20 executive officer, to the chief executive officer
or a delegate of the chief executive officer.
11B. Powers and duties of custodial staff
A person who is appointed under section 11(1) or (1a)
as a custodial officer --
25 (a) has a responsibility to maintain the security of
the facility or detention centre where he or she
is employed;
(b) is liable to answer for the escape of a detainee
placed in his or her charge or for whom when
30 on duty he or she has a responsibility;
page 4
Young Offenders Amendment Bill 2004
s. 7
(c) must obey all lawful orders given to him or her
by the officer under whose control or
supervision he or she is placed; and
(d) may issue to a detainee such orders as are
5 necessary for the purposes of this Act,
including the security, good order, or
management of a facility or detention centre,
and may use such force as is prescribed under
section 11C as is necessary to ensure that
10 lawful orders given to a detainee are complied
with.
11C. Use of force
(1) A person who is appointed under section 11(1) or (1a)
as a custodial officer is authorised to use no more than
15 prescribed force in the management, control and
security of a facility or detention centre.
(2) A person who is appointed under section 11(1) or (1a)
as a custodial officer must not use force on a young
offender unless that force is used in the prescribed
20 circumstances.
11D. Use of restraints
(1) The chief executive officer, or a superintendent, may
authorise and direct the restraint of a young offender
where in his or her opinion such restraint is
25 necessary --
(a) to prevent the young offender injuring himself
or herself, or any other person;
(b) upon considering advice from a medical
practitioner, on medical grounds; or
30 (c) to prevent the escape of a young offender
during his or her movement to or from a facility
or detention centre, or during his or her
page 5
Young Offenders Amendment Bill 2004
s. 7
temporary absence from a facility or detention
centre.
(2) Restraint involving the use of medication must not be
used on medical grounds unless the approval of a
5 medical practitioner is obtained first.
(3) If restraint is used in relation to a young offender for a
continuing period of more than 24 hours, the use and
the circumstances must be reported as soon as
practicable to the chief executive officer by the
10 superintendent who has overall responsibility for the
young offender at the time.
11E. Assistance by prison officers
(1) A prison officer may, upon the request of the chief
executive officer or a superintendent, assist in the
15 exercise or performance of any power or duty
conferred or imposed by this Act.
(2) A prison officer who is assisting --
(a) has the powers;
(b) is subject to the responsibilities; and
20 (c) is to receive the protection from liability,
which in like circumstances would be conferred or
imposed on a custodial officer appointed under
section 11(1) or (1a) of this Act, in addition to the
powers and duties conferred and imposed on that
25 prison officer by or under any other law.
(3) A prison officer who is assisting may use such force as
can be used by a custodial officer appointed under
section 11(1) or (1a) of this Act and, with the approval
of the chief executive officer, may use such control
30 weapons as are necessary in the circumstances.
page 6
Young Offenders Amendment Bill 2004
s. 8
11F. Assistance by police officers
(1) Subject to the directions of the Commissioner of
Police, a police officer may, upon the request of the
chief executive officer or a superintendent, assist in the
5 exercise or performance of any power or duty
conferred or imposed by this Act.
(2) A police officer who is assisting --
(a) has the powers;
(b) is subject to the responsibilities; and
10 (c) is to receive the protection from liability,
which in like circumstances would be conferred or
imposed on a custodial officer appointed under
section 11(1) or (1a) of this Act, in addition to the
powers and duties conferred and imposed on that
15 police officer by or under any other law.
".
8. Section 12 amended
Section 12(5)(b) is amended by inserting after "body sample
taken" --
20 "
or to wear a device for the purpose of having a
body sample taken or detecting the presence of
a substance in the body of the young person
".
25 9. Section 15A inserted
After section 15 the following section is inserted --
"
15A. Disclosure of personal information relating to
young offenders
30 (1) Upon being requested to do so by the Director-General
of the Department, the chief executive officer may
page 7
Young Offenders Amendment Bill 2004
s. 9
provide the Director-General with information relating
to a young person where the provision of that
information is necessary --
(a) to protect a young person;
5 (b) to assist in the placement of the young person;
(c) to protect the physical safety of a child, whether
or not in the care of the Department;
(d) to assist in an assessment of the young person
by officers of the Department; or
10 (e) for the purpose of enabling the
Director-General or a person employed in the
Department to investigate an allegation of --
(i) abuse of the young person; or
(ii) abuse by the young person of a child in
15 the care of the Department,
or facilitating such an investigation.
(2) In subsection (1), "Department" and
"Director-General" have the meanings given to those
terms, respectively, in section 4(1) of the Child Welfare
20 Act 1947.
(3) Upon being requested to do so by a member of the
Mentally Impaired Defendants Review Board
established under the Criminal Law (Mentally
Impaired Defendants) Act 1996, the chief executive
25 officer is to provide the member with information
relating to a person who is, or was, a young offender or
detainee, for the purposes of carrying out the member's
functions under that Act.
(4) The chief executive officer is to provide a person
30 specified in or under subsection (5)(a) or (b) with
information relating to a person who is, or was, a
young offender or detainee if required for the purposes
set out in subsection (6)(a) and (b) respectively.
page 8
Young Offenders Amendment Bill 2004
s. 9
(5) The following individuals may be provided with
information under subsection (4) --
(a) under the Prisons Act 1981 -- the chief
executive officer, a superintendent, an officer, a
5 prison officer, a contract worker (as defined in
section 15A of that Act), or a person approved
by the chief executive officer for the purpose of
this section;
(b) under the Sentence Administration Act 2003 --
10 (i) a member of the Parole Board, the chief
executive officer, a supervisor, a
community corrections officer; or
(ii) a person, or a person within a class of
persons, approved by the chief
15 executive officer for the purpose of this
section.
(6) The purposes for which the individuals set out in
subsection (5) be provided with information under
subsection (4) are as follows --
20 (a) a person set out in, or approved under
subsection (5)(a) may make a request for
information for the purposes of carrying out his
or her functions under the Prisons Act 1981;
(b) a person set out in, or approved under,
25 subsection (5)(b) may make a request for
information for the purposes of carrying out his
or her functions under the Sentence
Administration Act 2003.
(7) Despite this section, the Minister may, from time to
30 time, approve --
(a) circumstances in which information relating to
a young person may be disclosed under this
Act, to a person or class of persons in another
page 9
Young Offenders Amendment Bill 2004
s. 10
Commonwealth, State, Territory or overseas
government department or agency; and
(b) the purposes for which that information may be
used.
5 (8) A person who uses information received under this
section for any purpose other than a purpose for which
he or she is authorised under this section commits an
offence.
Penalty: $6 000 and imprisonment for 2 years.
10 ".
10. Section 17 amended
After section 17(2) the following subsections are inserted --
"
(3) If a person proposes to commence a civil action against
15 a young person who is being or has been dealt with in
the Children's Court for an offence for compensation
for any damage or loss suffered as a result of the
offence, the appropriate officer of that Court shall,
unless there is good reason not to divulge to that
20 person --
(a) the name of the young person; and
(b) the last known residential address of the young
person.
(4) A person who uses information received under
25 subsection (3) for any purpose other than commencing
a civil action against the young person commits an
offence.
Penalty: $6 000 and imprisonment for 2 years.
".
page 10
Young Offenders Amendment Bill 2004
s. 11
11. Part 3 Division 2 inserted
After section 17 the following Division is inserted in Part 3 --
"
Division 2 -- Arrangements with the council of an
5 Aboriginal community
17A. Interpretation
In this Division, unless the contrary intention
appears --
"monitor" means a person appointed under
10 section 17C;
"supervise" includes --
(a) monitoring whether or not a young person
the subject of an order referred to in
section 17B complies with the conditions of
15 that order;
(b) ensuring that the young person is living in
safe circumstances and is not at risk of harm;
(c) assisting the young person with advice or
support;
20 "the council" has the meaning given to that term in
section 3 of the Aboriginal Communities Act 1979.
17B. Community supervision agreement
The chief executive officer may enter into an
agreement with the council of an Aboriginal
25 community for the council, either with or without the
assistance of a monitor, to supervise a young person
who is the subject of --
(a) a community work order made under
section 65A;
30 (b) a youth community based order;
(c) an intensive youth supervision order;
page 11
Young Offenders Amendment Bill 2004
s. 11
(d) a conditional release order; or
(e) a supervised release order.
17C. Appointment of monitor
(1) The chief executive officer may appoint as a monitor of
5 a young person who has an aboriginal background, a
person who is appointed from a panel of persons
nominated under subsection (2).
(2) Whenever an appointment has to be made under
subsection (1), the chief executive officer is to invite
10 the council of an Aboriginal community to nominate a
panel of persons suitable for appointment and submit
the nominations to the chief executive officer.
(3) The appointment of a person as a monitor may be made
on a paid or honorary basis.
15 (4) The chief executive officer may at any time cancel the
appointment of a monitor.
17D. Compensation for injury
If under section 17C a person is appointed on an
honorary basis --
20 (a) the person is, while performing the functions of
the position, to be regarded for the purposes of
the Workers' Compensation and Rehabilitation
Act 1981 as a worker employed by the State;
and
25 (b) for the purposes of that Act, the person's
weekly earnings are to be taken to be the
amount that the Minister considers is
reasonable in the circumstances.
".
page 12
Young Offenders Amendment Bill 2004
s. 12
12. Section 25 amended
(1) Section 25(4) is amended after "offence was committed" by
inserting --
" or a plea of guilty, ".
5 (2) After section 25(4) the following subsection is inserted --
"
(5) A matter cannot be referred to a juvenile justice team if
any one potential participant in the particular
proceedings of the team does not agree to having the
10 matter dealt with by a juvenile justice team.
".
13. Section 28 replaced
Section 28 is repealed and the following section is inserted
instead --
15 "
28. Referral to team by court
(1) If a young person has been charged with an offence,
the court may refer the matter for consideration by a
juvenile justice team --
20 (a) before dealing with the charge;
(b) after a plea of guilty has been entered but
before the court records a finding that the
young person is guilty of the offence;
(c) after a hearing of the charge but before the
25 court records a finding that the young person is
guilty of the offence; or
(d) after a plea of not guilty has been entered and
the court has found the charge proved but
before the court records a finding that the
30 young person is guilty of the offence.
page 13
Young Offenders Amendment Bill 2004
s. 14
(2) A consideration under subsection (1) of whether or not
it is appropriate to refer a matter for consideration by a
juvenile justice team is to be made without an
adjournment for any assessment of the young person
5 concerned.
(3) If under subsection (1) a court refers a matter for
consideration by a juvenile justice team, the court is
not to make any order against the young person
concerned at the time the matter is so referred.
10 ".
14. Section 29 amended
(1) Section 29 is amended by inserting before "The" the subsection
designation "(1)".
(2) At the end of section 29 the following subsection is inserted --
15 "
(2) A young person is not to be taken to have previously
offended against the law merely because he or she --
(a) has been cautioned under section 22;
(b) has accepted responsibility for the act or
20 omission constituting the offence under
section 25(4); or
(c) has agreed to comply or has complied with the
terms specified by a juvenile justice team for
disposing of a matter under section 32.
25 ".
15. Section 31 amended
(1) Section 31(1) is amended by inserting after "of the offence" --
" (a "victim") ".
page 14
Young Offenders Amendment Bill 2004
s. 16
(2) Section 31(2) is amended as follows:
(a) by deleting "person referred to in subsection (1)" and
inserting instead --
" victim ";
5 (b) by deleting "that person" and inserting instead --
" the victim ".
16. Section 32 amended
(1) After section 32(1) the following subsection is inserted --
"
10 (1a) The juvenile justice team is also to give --
(a) the responsible adult, if any, who was given
notice of the matter under section 30; and
(b) a person referred to in section 31(1) as a victim,
notice of the determination of the way in which it
15 considers that the matter should be disposed of by the
team.
".
(2) Section 32(2) is amended as follows:
(a) by inserting after "the proceedings" --
20 "
and does not have a good reason for not being present
";
(b) by deleting "may" and inserting instead --
" is to ".
25 (3) Section 32(3) is amended as follows:
(a) by deleting "subsection (2)" and inserting instead --
" this section ";
(b) after "to in section 31" by inserting --
" as a victim ".
page 15
Young Offenders Amendment Bill 2004
s. 17
(4) After section 32(3) the following subsection is inserted --
"
(3a) If a person appointed under section 36 to be a Juvenile
Justice Team Coordinator considers that the presence
5 of a party may pose a risk to the safety of another
person at the proceedings of a juvenile justice team, the
Coordinator may order that the party is not to be
present at the proceedings of the team.
".
10 17. Section 35 amended
Section 35 is amended before the definition of "Coordinator" by
inserting the following definition --
"
"approved" means approved by the chief executive
15 officer;
".
18. Section 36 amended
(1) Section 36 is amended by inserting before "The" the subsection
designation "(1)".
20 (2) At the end of section 36 the following subsection is inserted --
"
(2) The chief executive officer may appoint a member of
an approved Aboriginal community to be a Juvenile
Justice Team Coordinator on a paid or honorary basis,
25 and may revoke any such appointment.
".
19. Section 37 amended
(1) Section 37(1) is amended after "a Coordinator" by inserting --
" appointed under section 36(1) ".
page 16
Young Offenders Amendment Bill 2004
s. 20
(2) After section 37(1) the following subsections are inserted --
"
(1a) When a matter is referred for consideration by a
juvenile justice team and considerations of practicality,
5 distance or cultural sensitivity make it appropriate, the
matter may be dealt with by a juvenile justice team that
includes --
(a) a Coordinator appointed under section 36(1) or
36(2); and
10 (b) a police officer, or a warden, elder or other
appropriate member of an approved Aboriginal
community.
(1b) For the purposes of subsection (1a), a member of an
approved Aboriginal Community who has been
15 nominated by the community council and approved by
both the Commissioner of Police and the chief
executive officer is an appropriate member of that
community.
".
20 20. Section 37A inserted
After section 37 the following section is inserted --
"
37A. No representation by a legal practitioner or an
agent
25 (1) In this section --
"legal practitioner" has the meaning given to that
term in section 3 of the Legal Practice Act 2003.
(2) During the consideration of a matter by a juvenile
justice team, a participant in the proceedings of the
30 team is not to be represented in those proceedings by a
legal practitioner or other agent.
".
page 17
Young Offenders Amendment Bill 2004
s. 21
21. Section 54 amended
Section 54 is amended after "officer to do so" by inserting --
"
or wear a device for the purpose of having a body
5 sample taken or detecting the presence of a substance
in the body of the offender
".
22. Section 103 amended
(1) Section 103 is amended before "A conditional" by inserting the
10 subsection designation "(1)".
(2) After section 103(1) the following subsections are inserted --
"
(2) The court cannot release an offender under this section
unless the court has been given and considered a report
15 under section 104.
(3) Following its consideration of that report, the court is
to indicate whether the offender is a suitable person to
have conditions set out in section 109A(1) or 109B(1)
included in the agenda submitted under section 104.
20 ".
23. Section 109A and 109B inserted
After section 109 the following sections are inserted --
"
109A. Conditional release order: Specified places
25 (1) If the offender's suitability is indicated by the court
under section 103(2), the chief executive officer may
impose, on a conditional release order, an express
condition that, while the order is in force, the offender
must remain at a specified place, for specified periods.
page 18
Young Offenders Amendment Bill 2004
s. 23
(2) A condition under subsection (1) --
(a) cannot be imposed so as to result in the
requirement being in force for a continuous
period that exceeds 6 months;
5 (b) cannot require an offender to remain at a place
for periods that amount to less than 2 or more
than 12 hours in any one day;
(c) is to allow the offender to leave the specified
place during a specified period --
10 (i) to do community work as required
under this Act;
(ii) to obtain urgent medical or dental
treatment for the offender;
(iii) for the purpose of averting or
15 minimising a serious risk of death or
injury to the offender or to another
person;
(iv) to obey an order issued under a written
law (such as a summons) requiring the
20 offender's presence elsewhere;
(v) to attend school, education or vocational
training;
(vi) for a purpose approved of by the officer
supervising the offender; or
25 (vii) with the permission of the chief
executive officer.
(3) If the offender is authorised under subsection (2) to
leave a specified place, the officer supervising the
offender may give directions as to --
30 (a) when the offender may leave;
(b) the period of the authorised absence;
(c) when the offender must return;
page 19
Young Offenders Amendment Bill 2004
s. 23
(d) the method of travel to be used by the offender
during the absence; and
(e) the manner in which the offender must report
his or her whereabouts.
5 (4) To ascertain whether or not the offender is complying
with a condition under this section, the officer
supervising the offender may, at any time --
(a) enter or telephone a specified place;
(b) enter or telephone the offender's place of
10 employment or any other place where the
offender is authorised or required to attend; or
(c) question any person at any place referred to in
paragraph (a) or (b).
(5) A person who hinders a person exercising powers
15 under subsection (4) commits an offence.
(6) A person who fails to answer a question put pursuant to
subsection (4)(c) or gives an answer that the person
knows is false or misleading in a material particular,
commits an offence.
20 109B. Conditional release order: Devices
(1) If the offender's suitability is indicated by the court
under section 103(2), the chief executive officer may
impose, on a conditional release order, either or both of
the following express conditions --
25 (a) that, while the order is in force, the offender
must wear a device for monitoring purposes;
(b) that, while the order is in force, the offender
must wear a device for the purpose of having a
body sample taken or detecting the presence of
30 a substance in the body of the offender.
page 20
Young Offenders Amendment Bill 2004
s. 24
(2) The chief executive officer may give the occupier of a
place where a device is located a direction to deliver
the device to the chief executive officer within a set
period.
5 (3) A person who contravenes a direction given under
subsection (2) commits an offence.
(4) The officer supervising the offender may, at any time,
enter a place where a device is located to retrieve the
device.
10 (5) A person who hinders a person exercising the power in
subsection (4) commits an offence.
(6) A person who unlawfully interferes with the operation
of any device commits an offence.
(7) A person who wilfully and unlawfully destroys or
15 damages a device commits an offence.
".
24. Section 114 amended
(1) Section 114(1) is amended as follows:
(a) after paragraph (a) by deleting "or";
20 (b) after paragraph (b) by deleting the full stop and inserting
instead --
"
; or
(c) in proceedings for an offence, the court makes a
25 finding under section 115(a) or (b).
".
(2) Section 114(2) is amended as follows:
(a) after paragraph (a) by deleting "or";
page 21
Young Offenders Amendment Bill 2004
s. 25
(b) after paragraph (b) by deleting the full stop and inserting
instead --
"
; or
5 (c) if the court has made a finding under
section 115(a) or (b), order that the conditional
release order is to be taken for the purposes of
this section not to have run its term but to have
been cancelled on the day on which the offence
10 was committed or the day on which the court
finds that the person failed to comply with any
condition or undertaking upon which the order
was made, as the case may be.
".
15 25. Section 115 amended
The full stop after section 115 is deleted and the following is
inserted --
"
unless --
20 (a) proceedings for an offence are commenced
within 6 months of the day on which the
conditional release order expired and the court
finds that the offender committed that offence
while released under the order; or
25 (b) a notice is issued under section 113 before the
conditional release order runs its term and,
within 6 months of the day on which the
conditional release order expired, the court
finds that a person who is the subject of a
30 conditional release order has failed to comply
with any condition or undertaking upon which
the order was made.
".
page 22
Young Offenders Amendment Bill 2004
s. 26
26. Section 119A inserted
After section 119 the following section is inserted --
"
119A. Effect of not being in custody
5 (1) A term of detention does not elapse while an offender
is at large, having escaped lawful custody while
serving it.
(2) A term of detention does not elapse while an offender
is not in lawful custody unless this Act or another
10 written law provides otherwise.
".
27. Section 132 amended
(1) After section 132(1) the following subsection is inserted --
"
15 (1a) Instead of ordering the release of the offender from
custody, the Board may, if it considers it appropriate to
do so --
(a) decide not to order the release of the offender
from custody; or
20 (b) defer its decision about whether or not to order
the release of the offender from custody.
".
(2) Section 132(2) is amended by deleting "The order" and
inserting --
25 " An order for the release of an offender from custody ".
page 23
Young Offenders Amendment Bill 2004
s. 28
28. Sections 136A and 136B inserted
After section 136 the following sections are inserted --
"
136A. Express conditions: Specified places
5 (1) A supervised release order may include a condition
that, while the order is in force, the offender is to
remain at a specified place, for specified periods.
(2) A condition under subsection (1) --
(a) cannot be imposed so as to result in the
10 requirement being in force for a continuous
period that exceeds 6 months;
(b) cannot require an offender to remain at a place
for periods that amount to less than 2 or more
than 12 hours in any one day;
15 (c) is to allow the offender to leave the specified
place during a specified period --
(i) to do community work as required
under this Act;
(ii) to obtain urgent medical or dental
20 treatment for the offender;
(iii) for the purpose of averting or
minimising a serious risk of death or
injury to the offender or to another
person;
25 (iv) to obey an order issued under a written
law (such as a summons) requiring the
offender's presence elsewhere;
(v) to attend school, education or vocational
training;
30 (vi) for a purpose approved of by the officer
supervising the offender; or
page 24
Young Offenders Amendment Bill 2004
s. 28
(vii) with the permission of the chief
executive officer.
(3) If the offender is authorised under subsection (2) to
leave a specified place, the officer supervising the
5 offender may give directions as to --
(a) when the offender may leave;
(b) the period of the authorised absence;
(c) when the offender must return;
(d) the method of travel to be used by the offender
10 during the absence; and
(e) the manner in which the offender must report
his or her whereabouts.
(4) To ascertain whether or not the offender is complying
with a condition under this section, the officer
15 supervising the offender may, at any time --
(a) enter or telephone a specified place;
(b) enter or telephone the offender's place of
employment or any other place where the
offender is authorised or required to attend; or
20 (c) question any person at any place referred to in
paragraph (a) or (b).
(5) A person who hinders a person exercising powers
under subsection (4) commits an offence.
(6) A person who fails to answer a question put pursuant to
25 subsection (4)(c), or gives an answer that the person
knows is false or misleading in a material particular,
commits an offence.
page 25
Young Offenders Amendment Bill 2004
s. 29
136B. Express conditions: Devices
(1) A supervised release order may include a condition
that, while the order is in force, the offender is to
wear --
5 (a) a device for monitoring purposes; or
(b) a device for the purpose of having a body
sample taken or detecting the presence of a
substance in the body of the offender.
(2) The chief executive officer may give the occupier of a
10 place where a device is installed a direction to deliver
the device to the chief executive officer within a set
period.
(3) A person who contravenes a direction given under
subsection (2) commits an offence.
15 (4) The officer supervising the offender may, at any time,
enter a place where a device is located to retrieve the
device.
(5) A person who hinders a person exercising the power in
subsection (4) commits an offence.
20 (6) A person who unlawfully interferes with the operation
of any device commits an offence.
(7) A person who wilfully and unlawfully destroys or
damages a device commits an offence.
".
25 29. Section 145 amended
(1) Section 145(1) is repealed and the following subsection is
inserted instead --
"
(1) If a court finds a person guilty of an offence and --
30 (a) a supervised release order is in force in respect
of the person; or
page 26
Young Offenders Amendment Bill 2004
s. 30
(b) at any time within the period of 6 months
before the finding is made --
(i) a supervised release order was in force
in respect of the person;
5 (ii) the offence took place during that
supervised release order; and
(iii) the court imposes a custodial sentence
in respect of that offence,
the court is to give the Board and the chief executive
10 officer notice of the finding and of the way in which
the matter has been disposed of by the court.
".
(2) Section 145(2) is amended by inserting after "custodial
sentence" --
15 "
on a person in respect of whom a supervised release
order is in force
".
(3) Section 145(3) is amended by inserting after "custodial
20 sentence" --
"
on a person in respect of whom a supervised release
order is in force
".
25 30. Section 147A inserted
After section 147 the following section is inserted --
"
147A. Offending while on supervised release order --
automatic cancellation
30 (1) If a young person, while subject to a supervised release
order, commits an offence in this State or elsewhere
and a custodial sentence for that offence is imposed
page 27
Young Offenders Amendment Bill 2004
s. 31
within 6 months after the order has run its term, the
supervised release order applicable to the young person
when the offence was committed is to be taken for the
purpose of this Division not to have run its term but to
5 have been cancelled on the day on which the offence
was committed.
(2) If the day on which the offence was committed is not
known, the latest day on which that offence could have
been committed, as determined by the chief executive
10 officer, is to be taken for the purposes of subsection (1)
to be the day on which it was committed.
".
31. Section 149 amended
(1) Section 149(1) is amended by deleting "by the operation of
15 section 145(2) because a custodial sentence is imposed for a
further offence" and inserting --
"
under section 147(1)(e) or by the operation of
section 147A(1)
20 ".
(2) Section 149(3) is repealed and the following subsection is
inserted instead --
"
(3) The terms of a supervised release order that has been
25 suspended continue to run until the expiry date of that
sentence or until the order is cancelled, and the
sentence to which that order relates continues to run
despite the suspension of the order.
".
30 (3) Section 149(4) is amended by deleting "being returned to
custody" and inserting instead --
" the order was cancelled ".
page 28
Young Offenders Amendment Bill 2004
s. 32
(4) Section 149(5) is amended after "section 145(2)" by
inserting --
" or section 147A ".
32. Section 150 amended
5 (1) Section 150 is amended by inserting before "If " the subsection
designation "(1)".
(2) At the end of section 150 the following subsection is inserted --
"
(2) If the offender has not reached the age of 18 years
10 when the order is suspended or cancelled but has
reached the age of 18 years when he or she is
apprehended, the custody into which the offender is to
be placed upon apprehension is to be a prison, and
while in a prison the Prisons Act 1981 applies to and in
15 respect of the offender.
".
33. Section 152 amended
(1) Section 152(1) and (2) are repealed and the following
subsection is inserted instead --
20 "
(1) There are to be 5 members of the Board comprising --
(a) a person to be Chairman, appointed by the
Governor;
(b) 2 persons appointed by the Governor;
25 (c) the chief executive officer, by reason of the
office; and
(d) a police officer nominated by the
Commissioner of Police.
".
page 29
Young Offenders Amendment Bill 2004
s. 34
(2) Section 152(3) is amended as follows:
(a) after paragraph (a) by inserting the word "and";
(b) after paragraph (b) by deleting the semicolon and "and"
and inserting a full stop;
5 (c) by deleting paragraph (c).
34. Section 153 amended
After section 153(1) the following subsections are inserted --
"
(1a) A person who is a member of the Board by reason of
10 being the chief executive officer ceases to be a member
when he or she ceases to be the chief executive officer.
(1b) A person who is a member of the Board by reason of
being a police officer ceases to be a member when he
or she resigns as a member or ceases to be a police
15 officer or when another police officer is nominated by
the Commissioner of Police.
".
35. Section 154 amended
(1) After section 154(1) the following subsection is inserted --
20 "
(1a) The chief executive officer may nominate a further
person who is an officer of the Department to act in the
place of the person nominated under subsection (1) as a
member of the Board, and while so acting according to
25 the tenor of the appointment this further nominated
officer is to be taken to be the member.
".
(2) Section 154(2) is amended after "under subsection (1)" by
inserting --
30 " or (1a) ".
page 30
Young Offenders Amendment Bill 2004
s. 36
(3) After section 154(2) the following subsection is inserted --
"
(2a) The member who is a police officer may nominate
another police officer to act in place of the police
5 officer as a member of the Board, and while so acting
according to the tenor of the appointment the further
nominated police officer is to be taken to be the
member.
".
10 36. Section 157 amended
Section 157(2) and (3) are repealed.
37. Section 169A inserted
After section 169 the following section is inserted --
"
15 169A. Investigation of an alleged incident at a detention
centre
(1) The chief executive officer may authorise an internal
investigation into an alleged incident in a detention
centre.
20 (2) The chief executive officer may specify that an internal
investigation may be carried out by a particular person,
or a person who occupies a particular position or a
position within a class of positions in the Department.
(3) An alleged incident may relate to a non-detainee as
25 well as to a detainee.
(4) An authorised person may require a person who is
appointed under section 11(1) or (1a) to --
(a) attend an interview at a time nominated by the
authorised person;
30 (b) provide all information known by that person
that relates to the alleged incident; and
page 31
Young Offenders Amendment Bill 2004
s. 38
(c) declare any direct or indirect interest related to
the alleged incident that the person has or
acquires, that conflicts or may conflict with the
person's duties.
5 (5) A person who is appointed under section 11(1) or (1a),
who does not comply with a requirement under
subsection (4) commits an offence.
Penalty: $500.
(6) Despite subsection (5), a person is not required, under
10 the authority of this section, to provide any information
or declare any interest that might tend to incriminate
the person, and before any person is questioned under
this section the authorised person must advise the
person accordingly.
15 (7) In this section --
"authorised person" means a person authorised to
conduct an internal investigation into an alleged
incident in a detention centre under subsection (2).
".
20 38. Section 170 amended
After section 170(j) the following paragraph is inserted --
"
(ja) refuses or fails to wear when required under
this Act to do so a device for the purpose of
25 having a body sample taken or detecting the
presence of a substance in the body of the
detainee;
".
39. Section 173 amended
30 Section 173(2)(e) is amended after "sleeping quarters" by
inserting --
" , or to a designated room ".
page 32
Young Offenders Amendment Bill 2004
s. 40
40. Section 181 amended
Section 181(2) is amended as follows:
(a) by deleting paragraph (b);
(b) after paragraph (c) by deleting the semicolon and
5 inserting a full stop;
(c) by deleting paragraph (d).
41. Section 193A inserted
After section 193 the following section is inserted --
"
10 193A. Arrest warrant may be issued if warrant of
commitment in force
(1) If a warrant of commitment has been issued in respect
of a young offender that requires the offender to be
detained for a period, then at any time before the
15 offender has served the period the chief executive
officer may issue a warrant to have the offender
arrested and taken to a detention centre to serve or to
continue to serve the period.
(2) A warrant must not be issued under subsection (1) if
20 the offender has been released pursuant to an order
made in accordance with this Act or another written
law in respect of the sentence or made in the exercise
of the Royal Prerogative of Mercy.
(3) Without limiting subsection (1) or affecting
25 subsection (2), a warrant may be issued under
subsection (1) if in error a young offender is released
before having served the period of detention specified
in the warrant of commitment.
(4) Subsection (1) does not limit any power to arrest a
30 young offender who has escaped lawful custody.
".
page 33
Young Offenders Amendment Bill 2004
s. 42
42. Section 196 amended
(1) Section 196(2) is amended by deleting the full stop after
paragraph (b) and inserting --
"
5 ;
(c) specifying and regulating the privileges which
may be extended to detainees and providing for
the withdrawal of such privileges;
(d) conferring authority to require a detainee to
10 submit for the purpose of having a body sample
taken or to wear, when required by this Act to
do so, a device for the purpose of having a body
sample taken or detecting the presence of a
substance in the body of the detainee;
15 (e) conferring authority on a superintendent to
order that a detainee be confined to the
detainee's sleeping quarters, or to a designated
room, for a period not exceeding 24 hours in
order to maintain good government, good order
20 or security in a detention centre;
".
(2) After section 196(2) the following subsection is inserted --
"
(3) Without limiting this section, regulations may be made
25 for the management, control, and security of detention
centres generally or a specified detention centre and for
the management, control, and security of detainees --
(a) conferring authority on a superintendent to
search a detainee and take from him or her any
30 thing found on his or her person --
(i) which apparently was not issued to the
detainee with the approval of the
superintendent;
page 34
Young Offenders Amendment Bill 2004
s. 42
(ii) which has been retained by the detainee
without the approval of the
superintendent; or
(iii) which, although issued or retained with
5 the approval of the superintendent,
appears to the superintendent to
constitute a threat to or breach of the
security or good order of the detention
centre,
10 and to use such force as is reasonably necessary
for the purpose of performing that search or
seizure;
(b) providing for items seized and retained
following a search to be returned, confiscated
15 or destroyed under particular circumstances;
(c) conferring authority on a superintendent --
(i) to search a person entering or seeking to
enter a detention centre, including a
child;
20 (ii) to search a person or vehicle outside but
near a detention centre, where in the
opinion of the superintendent that
search is necessary for the purpose of
the security or good order of the
25 detention centre;
(iii) to search a person leaving or having just
left a detention centre, including a child;
and
(iv) to examine any article or vehicle in the
30 possession or under the control of that
person;
(d) conferring authority on a superintendent to use
a trained dog to assist in carrying out a
prescribed search; and
page 35
Young Offenders Amendment Bill 2004
s. 43
(e) limiting the liability for injury or damage
caused by the use of a trained dog when under
the control of an authorised person in carrying
out a search, and when the search was carried
5 out in prescribed circumstances.
".
43. Section 197 inserted
After section 196 the following section is inserted --
"
10 197. Delegation of prescribed functions
(1) The superintendent of a detention centre may delegate
to an officer, by instrument in writing signed by the
superintendent, all or any of the superintendent's
powers prescribed in section 196.
15 (2) For the purposes of this Act, the exercise of a power by
a delegate under this section is deemed to be the
exercise of the power by the superintendent.
".
44. Schedule 1 amended
20 Schedule 1 item 3 (Road Traffic Act 1974) is amended as follows:
(a) before the subitem commencing "s. 60" by inserting the
following subitem --
"
s. 49 Driving without the appropriate
driver's licence
";
25 (b) after the subitem commencing "s. 64A" by inserting the
following subitem --
"
s. 67 Refusing to provide a breath, blood
or urine sample for analysis
".
page 36
Young Offenders Amendment Bill 2004
s. 45
45. Schedule 2 amended
Schedule 2 item 2 (Bushfires Act 1954) is amended by deleting
"s. 3" and inserting instead --
" s. 32 ".
page 37
Young Offenders Amendment Bill 2004
Schedule 1 Transitional
Schedule 1 -- Transitional
[s. 6(3)]
1. Interpretation
In this Schedule --
5 "commencement" means the day fixed as the day on which section 6
of this Act comes into operation;
"principal Act" means the Young Offenders Act 1994.
2. Conditions of employment of "group workers" on commencement
to continue
10 (1) A person who was paid by the Department as a custodial officer with
primarily non-administrative functions ("group worker") immediately
before commencement is, on commencement, to be taken to be
appointed by the chief executive officer under section 11(1a)(a) of the
principal Act (as amended by this Act), on the same terms and
15 conditions, including as to remuneration, as those which applied to the
person immediately before commencement.
(2) A person to whom subclause (1) applies retains all existing and
accruing rights and benefits as if the person's employment, for the
purposes of the principal Act, were a continuation of the person's
20 employment immediately before commencement.
3. Conditions of employment of other employees and officers on
commencement to continue
(1) A person who was appointed by the Minister under the Act as an
overseer, or as an officer or employee without custodial functions,
25 before commencement, and who is still employed immediately before
commencement, is to be regarded, on commencement, as having been
appointed by the chief executive officer under section 11(1a)(b) of the
principal Act (as amended by this Act), on the same terms and
conditions, including as to remuneration, as those which applied to the
30 person immediately before commencement.
(2) A person to whom subclause (1) applies retains all existing and
accruing rights and benefits as if the person's employment, for the
page 38
Young Offenders Amendment Bill 2004
Transitional Schedule 1
purposes of the principal Act, were a continuation of the person's
employment immediately before commencement.
[Index] [Search] [Download] [Related Items] [Help]