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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Children (Criminal Proceedings)
Amendment (Adult Detainees) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Children (Criminal Proceedings) Act 1987
No 55 2
4 Monitoring by Ombudsman 2
Schedule 1 Amendments 4
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 (Criminal Proceedings)
Amendment (Adult Detainees) Bill 2001
Act No , 2001
An Act to amend the Children (Criminal Proceedings) Act 1987 with respect to the
detention of adult offenders in detention centres; and for related 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 (Criminal Proceedings) Amendment (Adult Detainees) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Children (Criminal Proceedings) Amendment (Adult
Detainees) Act 2001.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Children (Criminal Proceedings) Act 1987 No 55
The Children (Criminal Proceedings) Act 1987 is amended as set out
in Schedule 1.
4 Monitoring by Ombudsman
(1) For the period of 3 years after the commencement of this section, the
Ombudsman is to keep under scrutiny the operation and effect of
section 19 of the Children (Criminal Proceedings) Act 1987 as
substituted by this Act.
(2) For that purpose, the Ombudsman may require the Director-General of
the Attorney General's Department, the Director-General of the
Department of Juvenile Justice or the Director-General of the
Department of Corrective Services to provide information concerning
the participation of the Department concerned in the operation of that
section.
(3) As soon as practicable after the expiration of that period of 3 years, the
Ombudsman must prepare a report as to the operation and effect of
that section and furnish a copy of the report to the Attorney General,
the Minister for Juvenile Justice and the Minister for Corrective
Services.
(4) The Attorney General is to lay (or cause to be laid) a copy of the report
before both Houses of Parliament as soon as practicable after the
Attorney General receives the report.
(5) If a House of Parliament is not sitting when the Attorney General seeks
to lay a report before it, the Attorney General may present copies of the
report to the Clerk of the House concerned.
(6) The report:
(a) is, on presentation and for all purposes, taken to have been laid
before the House, and
Page 2
Children (Criminal Proceedings) Amendment (Adult Detainees) Bill 2001 Clause 4
(b) may be printed by authority of the Clerk of the House, and
(c) if so printed, is for all purposes taken to be a document
published by or under the authority of the House, and
(d) is to be recorded:
(i) in the case of the Legislative Council, in the Minutes of
the Proceedings of the Legislative Council, and
(ii) in the case of the Legislative Assembly, in the Votes
and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by
the Clerk.
Page 3
Children (Criminal Proceedings) Amendment (Adult Detainees) Bill 2001
Schedule 1 Amendments
Schedule 1 Amendments
(Section 3)
[1] Section 19
Omit the section. Insert instead:
19 Court may direct imprisonment to be served in a detention
centre
(1) If a court sentences a person under 21 years of age to whom
this Division applies to imprisonment in respect of an
indictable offence, the court may, subject to this section, make
an order directing that the whole or any part of the term of the
sentence of imprisonment be served in a detention centre.
(2) A person is not eligible to serve a sentence of imprisonment in
a detention centre after the person has attained the age of 21
years, unless:
(a) in the case of a sentence for which a non-parole period
has been set--the non-parole period will end within 6
months after the person has attained that age, or
(b) in the case of a sentence for which a non-parole period
has not been set--the term of the sentence of
imprisonment will end within 6 months after the person
has attained that age.
(3) A person who is sentenced to imprisonment in respect of a
serious children's indictable offence is not eligible to serve a
sentence of imprisonment in a detention centre after the person
has attained the age of 18 years, unless:
(a) the sentencing court is satisfied that there are special
circumstances justifying detention of the person in a
detention centre after that age, or
(b) in the case of a sentence for which a non-parole period
has been set--the non-parole period will end within 6
months after the person has attained that age, or
Page 4
Children (Criminal Proceedings) Amendment (Adult Detainees) Bill 2001
Amendments Schedule 1
(c) in the case of a sentence for which a non-parole period
has not been set--the term of the sentence of
imprisonment will end within 6 months after the person
has attained that age.
This subsection is subject to subsection (2).
(4) In determining whether there are special circumstances for the
purposes of subsection (3), the court may have regard to the
following matters:
(a) the degree of vulnerability of the person,
(b) the availability of appropriate services or programs at
the place the person will serve the sentence of
imprisonment,
(c) any other matter that the court thinks fit.
(5) A person who is subject to an order under this section that
ceases or ceased to apply on the person attaining the age of 18
years may apply to the sentencing court for a further order
under this section. Any such application requires the leave of
the court.
[2] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Children (Criminal Proceedings) Amendment (Adult
Detainees) Act 2001
[3] Schedule 2, Part 7
Insert after Part 6:
Part 7 Children (Criminal Proceedings) Amendment
(Adult Detainees) Act 2001
10 Application of amendments
Section 19, as substituted by the Children (Criminal
Proceedings) Amendment (Adult Detainees) Act 2001:
(a) applies to persons who are sentenced after the
commencement of that Act, and
Page 5
Children (Criminal Proceedings) Amendment (Adult Detainees) Bill 2001
Schedule 1 Amendments
(b) does not affect any order made before the
commencement of that Act.
Page 6
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