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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Children (Detention Centres)
Amendment Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Children (Detention Centres) Act 1987
No 57 2
4 Amendment of other Acts 2
Schedules
1 Principal amendments 3
2 Amendments by way of statute law revision 6
3 Amendment of other Acts 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Children (Detention Centres)
Amendment Bill 2002
Act No , 2002
An Act to amend the Children (Detention Centres) Act 1987 with respect to the
extension of the detention of a person subject to control if the person is unlawfully
absent from custody; to amend certain other Acts; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Children (Detention Centres) Amendment Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Children (Detention Centres) Amendment Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Children (Detention Centres) Act 1987 No 57
The Children (Detention Centres) Act 1987 is amended as set out in
Schedules 1 and 2.
4 Amendment of other Acts
The Acts specified in Schedule 3 are amended as set out in that
Schedule.
Page 2
Children (Detention Centres) Amendment Bill 2002
Principal amendments Schedule 1
Schedule 1 Principal amendments
(Section 3)
[1] Section 38A
Insert after section 38:
38A Extension of term of detention order following unlawful absence
(1) If a person subject to control is unlawfully absent from custody
during the term of the detention order to which the person is
subject:
(a) the term of the detention order, and
(b) if the absence occurs during a non-parole period of the
term of the detention order--the non-parole period,
are, by this section, extended by the period for which the
person is unlawfully absent from custody.
(2) For the purposes of this section, a person is unlawfully absent
from custody if, and only if:
(a) the person has escaped from lawful custody, or
(b) the person has failed, without reasonable excuse, to
return to a detention centre before the expiry of leave of
absence granted to the person by order under section
24 (1) (a), or
(c) the person has failed, without reasonable excuse, to
return to a detention centre following the revocation of
an order that authorised the person's absence from the
detention centre, or
(d) the person has failed, without reasonable excuse, to
return to a detention centre in accordance with the
requirements of section 25 (4) (relating to return from
medical treatment).
(3) This section applies to an unlawful absence from custody
regardless of whether the person has been charged with or
found guilty of an offence in connection with the absence. The
application of this section does not prevent proceedings being
taken against the person for such an offence.
Page 3
Children (Detention Centres) Amendment Bill 2002
Schedule 1 Principal amendments
(4) This section does not apply to an unlawful absence from
custody in respect of which the non-parole period or term of
the person's detention order is extended by or under some other
provision of this Act.
(5) For the purposes of this section, unlawful absence from custody
does not include any period during which the person is in
lawful custody, whether or not in relation to the detention order
to which the person is subject.
(6) The date of commencement of any other detention order (the
later detention order) that is to be served consecutively with a
detention order whose term or non-parole period is extended by
this section (the earlier detention order) is, by this subsection,
postponed:
(a) if the later detention order commences at the end of the
non-parole period of the earlier detention order--by the
period for which the non-parole period of the earlier
detention order is extended, or
(b) if the later detention order commences at the expiry of
the earlier detention order--by the period for which the
term of the earlier detention order is extended.
(7) As soon as practicable after a person whose detention order is
extended by this section is returned to a detention centre, the
centre manager is to give the person:
(a) a written notice of the extension, and
(b) an explanation of the effect of the notice.
A failure to comply with this subsection does not affect the
validity of the extension of the detention order.
(8) This section extends to a period of unlawful absence before the
commencement of this section, but does not apply if the
unlawful absence ceased, and the detainee was released on
parole or discharged, before that commencement.
Page 4
Children (Detention Centres) Amendment Bill 2002
Principal amendments Schedule 1
[2] Section 39A
Insert after section 39:
39A Delegation of functions
(1) The Minister may delegate to the Director-General, or to any
other person, the exercise of any of the Minister's functions
under this Act or the regulations, other than this power of
delegation.
(2) The Director-General may delegate to any person the exercise
of:
(a) any of the functions delegated under subsection (1) to
the Director-General by the Minister, or
(b) any of the other functions of the Director-General under
this Act or the regulations, other than this power of
delegation.
Page 5
Children (Detention Centres) Amendment Bill 2002
Schedule 2 Amendments by way of statute law revision
Schedule 2 Amendments by way of statute law
revision
(Section 3)
[1] Section 3 Definitions
Omit "a term" from paragraph (a) of the definition of detention order in
section 3 (1).
Insert instead "the term of a sentence".
[2] Section 21 Punishments for misbehaviour
Omit "each minimum or fixed term (within the meaning of the Crimes
(Sentencing Procedure) Act 1999) to which the detainee is subject (other
than a term which is cumulative and which has not commenced)" from
section 21 (1) (e).
Insert instead "the non-parole period of any detention order, or the term of
any detention order without a non-parole period, to which the detainee is
subject (other than a detention order whose term is cumulative and that has
not commenced)".
[3] Section 21 (5)
Omit the subsection. Insert instead:
(5) A penalty under subsection (1) (e) that extends the non-parole
period of a person subject to control reduces by a
corresponding period the remaining balance of the term of the
detention order.
Page 6
Children (Detention Centres) Amendment Bill 2002
Amendment of other Acts Schedule 3
Schedule 3 Amendment of other Acts
(Section 4)
3.1 Child Protection (Offenders Registration) Act 2000 No 42
[1] Section 3 Definitions
Omit the definition of detainee from section 3 (1). Insert instead:
detainee means a person who:
(a) is a detainee within the meaning of the Children
(Detention Centres) Act 1987, or
(b) is absent from a detention centre pursuant to an order in
force under section 24 of that Act.
[2] Section 3 (4)
Insert after section 3 (3):
(4) For the purposes of this Act, a person who is absent from a
detention centre pursuant to an order in force under section 23
or 24 of the Children (Detention Centres) Act 1987 is taken to
be in custody.
Page 7
Children (Detention Centres) Amendment Bill 2002
Schedule 3 Amendment of other Acts
3.2 Children (Community Service Orders) Act 1987 No 56
Section 31
Insert after section 30:
31 Delegation of functions
(1) The Minister may delegate to the Director-General, or to any
other person, the exercise of any of the Minister's functions
under this Act or the regulations, other than this power of
delegation.
(2) The Director-General may delegate to any person the exercise
of:
(a) any of the functions delegated under subsection (1) to
the Director-General by the Minister, or
(b) any of the other functions of the Director-General under
this Act or the regulations, other than this power of
delegation.
3.3 Children (Criminal Proceedings) Act 1987 No 55
[1] Section 33A Cumulative or concurrent orders etc
Insert at the end of the section:
(5) Subsections (2) and (3) are subject to section 57 of the Crimes
(Sentencing Procedures) Act 1999, as applied by section 33C.
Page 8
Children (Detention Centres) Amendment Bill 2002
Amendment of other Acts Schedule 3
[2] Section 33C Application of Crimes (Sentencing Procedure) Act 1999 to
children
Insert at the end of section 33C (b):
, and
(c) a reference in those provisions to an escape from lawful
custody committed by the offender while an inmate of
a correctional centre included a reference to an escape
from lawful custody committed by the offender while a
detainee of a detention centre.
[3] Section 37 Term of control order
Omit "section 32" from section 37 (3). Insert instead "sections 32 and 38A".
Page 9
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