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New South Wales
Children (Detention Centres)
Amendment (Serious Young Offenders
Review Panel) Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Children (Detention Centres) Act 1987
No 57 3
Schedule 2 Amendment of Jury Act 1977 No 18 11
b2011-142-31.d16
New South Wales
Children (Detention Centres)
Amendment (Serious Young Offenders
Review Panel) Bill 2011
No , 2011
A Bill for
An Act to amend the Children (Detention Centres) Act 1987 to constitute the Serious
Young Offenders Review Panel; and for other purposes.
Children (Detention Centres) Amendment (Serious Young Offenders
Clause 1 Review Panel) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Children (Detention Centres) Amendment (Serious 3
Young Offenders Review Panel) Act 2011. 4
2 Commencement 5
(1) This Act commences on the date of assent to this Act except as provided 6
by subsection (2). 7
(2) Schedule 2 commences on the commencement of Schedule 1 [22] to the 8
Jury Amendment Act 2010. 9
Page 2
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Amendment of Children (Detention Centres) Act 1987 No 57 Schedule 1
Schedule 1 Amendment of Children (Detention 1
Centres) Act 1987 No 57 2
[1] Section 3 Definitions 3
Omit the definitions of Department and juvenile justice officer from 4
section 3 (1). 5
Insert in alphabetical order: 6
Department means the Department of Attorney General and 7
Justice. 8
juvenile justice officer means a member of staff of the 9
Department who is principally involved in the administration of 10
this or any other Act administered by the Minister, and includes 11
any member of staff of the Department who is in the branch of the 12
Department known as Juvenile Justice. 13
Review Panel means the Serious Young Offenders Review Panel 14
constituted by this Act. 15
[2] Section 24A Conditions of leave as to non-association and place 16
restriction 17
Omit "of Juvenile Justice" from section 24A (2) (b). 18
[3] Section 29 Application of Crimes (Administration of Sentences) Act 1999 19
to detainees 20
Omit "of the Department of Juvenile Justice" from section 29 (1) (d). 21
[4] Part 4B 22
Insert after Part 4A: 23
Part 4B Serious Young Offenders Review Panel 24
37N Definitions 25
In this Part: 26
Director-General means: 27
(a) the Chief Executive, Juvenile Justice, or 28
(b) if there is no such position in the Department--the 29
Director-General of the Department. 30
serious young offender means a detainee who has been 31
convicted of a serious children's indictable offence within the 32
meaning of the Children (Criminal Proceedings) Act 1987. 33
Page 3
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Schedule 1 Amendment of Children (Detention Centres) Act 1987 No 57
37O Constitution of Review Panel 1
(1) There is constituted by this Act the Serious Young Offenders 2
Review Panel. 3
(2) The Review Panel is to consist of at least 3, but not more than 4
6 members appointed by the Minister, of whom one is to be a 5
Magistrate, acting Magistrate or retired Magistrate who is to be 6
the Chairperson of the Review Panel. 7
(3) Schedule 1A makes provision for the constitution and procedure 8
of the Review Panel. 9
37P Functions of Review Panel 10
(1) The Review Panel has such functions as are conferred on it by or 11
under this or any other Act or law, including the following 12
functions: 13
(a) providing advice and making recommendations to the 14
Director-General with respect to the classification of 15
serious young offenders who are referred to the Review 16
Panel by the Director-General, 17
(b) providing advice and making recommendations to the 18
Minister or the Director-General with respect to: 19
(i) any matter relating to a detainee (including a serious 20
young offender) that is referred to the Review Panel 21
by the Minister or the Director-General, or 22
(ii) any other matter that may be prescribed by the 23
regulations. 24
(2) The Minister or Director-General may refer a person or matter to 25
the Review Panel individually or by reference to a class to which 26
the person or matter belongs. 27
37Q Matters to be considered by Review Panel 28
(1) The Review Panel must, when exercising its functions in relation 29
to a person who is a serious young offender or other detainee, 30
consider each of the following to the extent that the Review Panel 31
considers it to be relevant: 32
(a) the public interest, including the protection of the public, 33
(b) the nature and circumstances of any offence committed by 34
the person or, in the case of a person on remand, alleged to 35
have been committed by the person, 36
(c) the reasons and recommendations of the court that 37
sentenced the person, 38
Page 4
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Amendment of Children (Detention Centres) Act 1987 No 57 Schedule 1
(d) the criminal history of the person, 1
(e) the time the person has served in custody and the time the 2
person has yet to serve in custody, 3
(f) the person's conduct while in custody, 4
(g) the person's commitment to address offending behaviour, 5
including the person's willingness to participate in 6
rehabilitation programs and the success or otherwise of 7
any such participation, 8
(h) the person's classification history, 9
(i) the position of and consequences to any victim of the 10
person, including the victim's family, 11
(j) any submissions made by any victims of the person, 12
(k) the need to maintain public confidence in the 13
administration of criminal justice, 14
(l) the rehabilitation of the person and the re-entry of the 15
person into the community as a law-abiding citizen, 16
(m) the availability to the person of family, departmental and 17
other support, 18
(n) any relevant reports about the person (including reports 19
made by counsellors, health practitioners or educational 20
establishments) that are available to the Review Panel, 21
(o) any other matter that may be prescribed by the regulations. 22
(2) The Review Panel may also consider any other matter that it 23
considers to be relevant. 24
(3) The regulations may specify how any matter is to be taken into 25
consideration by the Review Panel under this section. 26
37R Annual reports 27
A report of the Review Panel's activities during a year is to be 28
included in the annual report of the Department. 29
37S Security of certain information 30
Nothing in this Act or the regulations requires a person to be 31
provided with a copy of a report or another document (or any part 32
of the report or document) if its provision to the person may, in 33
the opinion of the Chairperson of the Review Panel: 34
(a) adversely affect the security, discipline or good order of a 35
detention centre, or 36
(b) endanger the person or any other person, or 37
Page 5
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Schedule 1 Amendment of Children (Detention Centres) Act 1987 No 57
(c) jeopardise the conduct of any lawful investigation, or 1
(d) prejudice the public interest. 2
[5] Section 45 Regulations 3
Omit "with respect to:" from section 45 (1). 4
Insert instead "with respect to the following:". 5
[6] Section 45 (1) (c) 6
Omit "detainees, and". Insert instead "detainees,". 7
[7] Section 45 (1) (e) 8
Insert after section 45 (1) (d): 9
(e) the constitution, functions, and procedures of the Review 10
Panel. 11
[8] Section 46 Savings and transitional provisions 12
Omit the section. 13
[9] Schedule 1A 14
Insert before Schedule 1: 15
Schedule 1A Serious Young Offenders Review 16
Panel 17
(Section 37O) 18
Part 1 Preliminary 19
1 Definitions 20
In this Schedule: 21
Chairperson means the Chairperson of the Review Panel. 22
Director-General has the same meaning as it has in Part 4B. 23
member means any member of the Review Panel. 24
Page 6
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Amendment of Children (Detention Centres) Act 1987 No 57 Schedule 1
Part 2 Constitution 1
2 Chairperson and acting Chairperson 2
(1) Neither the appointment of a person who is a Magistrate as 3
Chairperson or acting Chairperson, nor the person's service as 4
Chairperson or acting Chairperson, affects: 5
(a) the person's tenure of the office of a Magistrate, or 6
(b) the person's rank, title, status, precedence, salary or other 7
rights or privileges as a holder of the office of a Magistrate. 8
(2) A person who is a Magistrate may exercise the powers of a 9
Magistrate even though the person is Chairperson or acting 10
Chairperson. 11
(3) Service of a Magistrate as Chairperson or acting Chairperson is, 12
for all purposes, taken to be service as a Magistrate. 13
3 Acting members 14
(1) The Minister may, from time to time, appoint a person to act in 15
the office of a member during the illness or absence of the 16
member, and the person, while so acting, has and may exercise 17
all the functions of the member and is taken to be the member. 18
(2) A person may be appointed to act in the office of a member only 19
if the person is qualified to be appointed to the particular office. 20
(3) The Minister may remove any person from any office to which 21
the person was appointed under this clause. 22
(4) A person, while acting in the office of a member, is entitled to be 23
paid such remuneration (including travelling and subsistence 24
allowances) as the Minister may from time to time determine in 25
respect of the person. 26
(5) For the purposes of this clause, a vacancy in the office of a 27
member is taken to be an absence from the office of the member. 28
4 Nominee of Director-General to attend meetings 29
(1) A nominee of the Director-General is to attend meetings of the 30
Review Panel but is not entitled to vote at any such meeting. 31
(2) The function of the nominee is to provide advice to the Review 32
Panel about policies and procedures of the Department and any 33
other matter relating to the administration of juvenile justice. 34
(3) The Review Panel is not to conduct a meeting in the absence of 35
the nominee. 36
Page 7
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Schedule 1 Amendment of Children (Detention Centres) Act 1987 No 57
5 Term of office 1
Subject to this Schedule and the regulations, a member holds 2
office for such period (not exceeding 2 years) as is specified in 3
the member's instrument of appointment, but is eligible (if 4
otherwise qualified) for re-appointment. 5
6 Part-time appointments 6
Members hold office on a part-time basis. 7
7 Remuneration 8
A member is entitled to be paid such remuneration (including 9
travelling and subsistence allowances) as the Minister may from 10
time to time determine in respect of the member. 11
8 Vacancy in office of member 12
(1) The office of a member becomes vacant if the member: 13
(a) dies, or 14
(b) completes a term of office and is not re-appointed, or 15
(c) resigns the office by instrument in writing addressed to the 16
Minister, or 17
(d) is removed from office by the Minister, or 18
(e) becomes bankrupt, applies to take the benefit of any law 19
for the relief of bankrupt or insolvent debtors, compounds 20
with his or her creditors or makes an assignment of his or 21
her remuneration for their benefit, or 22
(f) becomes a mentally incapacitated person, or 23
(g) is convicted in New South Wales of an offence that is 24
punishable by imprisonment for 12 months or more or is 25
convicted elsewhere than in New South Wales of an 26
offence that, if committed in New South Wales, would be 27
an offence so punishable, or 28
(h) ceases to hold the qualifications necessary for appointment 29
to the office to which the member was appointed. 30
(2) The Minister may remove a member from office at any time. 31
9 Filling of vacancy in office of member 32
If the office of a member becomes vacant, a person is, subject to 33
this Act, to be appointed to fill the vacancy. 34
Page 8
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Amendment of Children (Detention Centres) Act 1987 No 57 Schedule 1
10 Effect of certain other Acts 1
(1) Chapter 2 of the Public Sector Employment and Management 2
Act 2002 does not apply to or in respect of the appointment of a 3
member. 4
(2) If by or under any Act provision is made: 5
(a) requiring a person who is the holder of a specified office to 6
devote the whole of his or her time to the duties of that 7
office, or 8
(b) prohibiting the person from engaging in employment 9
outside the duties of that office, 10
the provision does not operate to disqualify the person from 11
holding that office and also the office of a member or from 12
accepting and retaining any remuneration payable to the person 13
under this Act as a member. 14
11 Personal liability 15
A matter or thing done or omitted to be done by the Review 16
Panel, a member of the Review Panel or a person acting under the 17
direction of the Review Panel does not, if the matter or thing was 18
done or omitted to be done in good faith for the purpose of 19
executing this or any other Act, subject a member or a person so 20
acting personally to any action, liability, claim or demand. 21
Part 3 Procedure 22
12 General procedure 23
The procedure for the calling of meetings of the Review Panel 24
and for the conduct of business at those meetings is, subject to 25
this Act and the regulations, to be as determined by the 26
Director-General. 27
13 Quorum 28
The quorum for a meeting of the Review Panel is a majority of its 29
members for the time being. 30
14 Presiding member 31
The Chairperson is to preside at a meeting of the Review Panel. 32
15 Voting 33
(1) A decision supported by a majority of the votes cast at a meeting 34
of the Review Panel at which a quorum is present is the decision 35
of the Review Panel. 36
Page 9
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Schedule 1 Amendment of Children (Detention Centres) Act 1987 No 57
(2) The presiding member has a deliberative vote and, in the event of 1
an equality of votes, has a second or casting vote. 2
16 Transaction of business outside meetings or by telephone 3
(1) The Review Panel may, with the approval of the 4
Director-General, transact any of its business by the circulation 5
of papers among all the members of the Review Panel for the time 6
being, and a resolution in writing approved in writing by a 7
majority of the members is taken to be a decision of the Review 8
Panel. 9
(2) The Review Panel may, with the approval of the 10
Director-General, transact any of its business at a meeting at 11
which members (or some members) participate by telephone, 12
closed-circuit television or other means, but only if any member 13
who speaks on a matter before the meeting can be heard by the 14
other members. 15
(3) For the purposes of: 16
(a) the approval of a resolution under subclause (1), or 17
(b) a meeting held in accordance with subclause (2), 18
the Chairperson and each member have the same voting rights as 19
they have at an ordinary meeting of the Review Panel. 20
(4) A resolution approved under subclause (1) is, subject to the 21
regulations, to be recorded in the minutes of the meetings of the 22
Review Panel. 23
(5) Papers may be circulated among the members for the purposes of 24
subclause (1) by facsimile or other transmission of the 25
information in the papers concerned. 26
[10] Schedule 1 Savings and transitional provisions 27
Omit "(Section 46)". 28
[11] Schedule 1, clause 1A (1) 29
Insert at the end of the subclause: 30
Children (Detention Centres) Amendment (Serious Young 31
Offenders Review Panel) Act 2011 32
Page 10
Children (Detention Centres) Amendment (Serious Young Offenders
Review Panel) Bill 2011
Amendment of Jury Act 1977 No 18 Schedule 2
Schedule 2 Amendment of Jury Act 1977 No 18 1
Schedule 1 Persons excluded from jury service (as inserted by 2
Schedule 1 [22] to the Jury Amendment Act 2010) 3
Insert after clause 7 (1) (d): 4
(d1) the Serious Young Offenders Review Panel, 5
Page 11
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