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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 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Children (Detention Centres) Act 1987
No 57 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-044-18.d10
New South Wales
Children (Detention Centres)
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Children (Detention Centres) Act 1987 in relation to the
detention and transfer of juvenile offenders; and for other purposes.
Clause 1 Children (Detention Centres) Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Children (Detention Centres) Amendment Act 2008. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of Children (Detention Centres) Act 1987 No 57 6
The Children (Detention Centres) Act 1987 is amended as set out in 7
Schedule 1. 8
4 Repeal of Act 9
(1) This Act is repealed on the day following the day on which this Act 10
commences. 11
(2) The repeal of this Act does not, because of the operation of section 30 12
of the Interpretation Act 1987, affect any amendment made by this Act. 13
Page 2
Children (Detention Centres) Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 3 Definitions 3
Insert after section 3 (4): 4
(5) Notes included in this Act do not form part of this Act. 5
[2] Section 7 Inspection of detention centres by juvenile justice officer 6
appointed by Director-General 7
Omit "3 months" from section 7 (1). Insert instead "12 months". 8
[3] Section 9A 9
Insert after section 9: 10
9A Certain persons not to be detained in detention centres 11
(1) A person who is of or above the age of 21 years is not to be 12
detained in a detention centre if he or she is the subject of an 13
arrest warrant of any kind. 14
(2) A person who is of or above the age of 18 years, but under the age 15
of 21 years, is not to be detained in a detention centre if he or she 16
is the subject of an arrest warrant of any of the following kinds: 17
(a) a warrant issued under section 41 of the Children 18
(Criminal Proceedings) Act 1987 in relation to an alleged 19
breach of a good behaviour bond or an alleged breach of 20
probation, or 21
(b) a warrant issued under section 23 of the Children 22
(Community Service Orders) Act 1987 in relation to an 23
alleged breach of a children's community service order, or 24
(c) a warrant issued under section 98 of the Crimes 25
(Sentencing Procedure) Act 1999 in relation to an alleged 26
breach of a condition of a good behaviour bond, or 27
(d) his or her arrest under section 39 of the Crimes 28
(Administration of Sentences) Act 1999 in relation to an 29
alleged escape from custody, or 30
(e) a warrant issued under section 116 of the Crimes 31
(Administration of Sentences) Act 1999 in relation to an 32
alleged breach of a community service order. 33
Note. Pursuant to Part 13 of the Crimes (Administration of Sentences) 34
Act 1999, persons referred to in section 9A may be detained in a 35
correctional centre. 36
Page 3
Children (Detention Centres) Amendment Bill 2008
Schedule 1 Amendments
[4] Section 16 Separation of detainees 1
Insert after section 16 (2): 2
(3) For the purpose of ensuring the security, safety and good order of 3
a detention centre, the Director-General may direct that different 4
detainees or groups of detainees be detained separately from 5
other detainees. 6
(4) While a direction referred to in subsection (3) is in force, the 7
detainees or groups of detainees identified in the direction shall, 8
so far as is reasonably practicable, be detained separately from 9
other detainees in the same detention centre. 10
(5) Detainees may be dealt with in accordance with this section 11
despite anything to the contrary in the Anti-Discrimination Act 12
1977. 13
[5] Section 19 Segregation of detainees for protection 14
Insert after section 19 (4): 15
(5) Nothing in this section limits the circumstances in which 16
detainees may be detained separately pursuant to section 16. 17
[6] Section 21 Punishments for misbehaviour 18
Omit "for a period not exceeding 4 days" from section 21 (1) (b). 19
[7] Section 21 (1A) 20
Insert after section 21 (1): 21
(1A) A detainee may not be restricted from participation in sport or 22
leisure activities for more than 7 days at a time except with the 23
prior approval of the Director-General, whether given generally 24
or in relation to a particular detainee. 25
[8] Section 28 Transfer of older detainees from detention centres to 26
correctional centres 27
Omit section 28 (1A). Insert instead: 28
(1A) An order may be made under subsection (1) regardless of 29
whether or where the detainee is currently in custody. 30
[9] Section 28 (2A) 31
Omit the subsection. Insert instead: 32
(2A) In the case of a detainee who is of or above the age of 18 years, 33
but under the age of 21 years, an order may not be made under 34
subsection (1) unless: 35
Page 4
Children (Detention Centres) Amendment Bill 2008
Amendments Schedule 1
(a) the Children's Court makes an order authorising the 1
making of such an order, or 2
(b) the detainee has been detained in a detention centre for at 3
least 6 months and the Director-General has assessed that, 4
having regard to all of the circumstances, it would be 5
preferable for the detainee to be detained in a correctional 6
centre, or 7
(c) the detainee is, or has previously been, detained as an 8
inmate in a correctional centre (other than a juvenile 9
correctional centre) for a period of, or periods totalling, 10
more than 4 weeks, or 11
(d) the detainee applies to the Director-General in writing for 12
the detainee's transfer to a correctional centre, or 13
(e) one or more of the circumstances referred to in subsection 14
(2) applies in relation to the detainee. 15
[10] Section 28 (2C) and (2D) 16
Insert after section 28 (2B): 17
(2C) Subsection (2) does not apply to a detainee in respect of whom an 18
order under subsection (1) has previously been made in relation 19
to a current period of detention. 20
(2D) Subsection (2A) does not apply to a detainee in respect of whom 21
an order under subsection (1) has previously been made, whether 22
in relation to a current period of detention or an earlier period of 23
detention. 24
[11] Section 28 (3) (b) 25
Omit "a convicted inmate". Insert instead "an inmate". 26
Page 5
Children (Detention Centres) Amendment Bill 2008
Schedule 1 Amendments
[12] Section 32A Regulations 1
Insert after section 32A (q): 2
(q1) the circumstances in which detainees may be confined to 3
their rooms, and the periods for which they may be so 4
confined, 5
(q2) the review of directions given by the Director-General 6
under section 16 (3), 7
Page 6
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