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CHILDREN (PARENTAL RESPONSIBILITY) BILL 1994*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The Summary Offences and Other Legislation (Graffiti) Amendment Bill 1994 is
cognate with this Bill.
The objects of this Bill are:
(a) to enable courts to require parents to be present during criminal proceedings
against children; and
(b) to enable courts to require children to give undertakings as to future behaviour
(including parental supervision) and to require parents to be present at court in
the event of a breach of such an undertaking; and
(c) to enable courts to require parents to give undertakings concerning the future
behaviour of children and other matters; and
(d) to enable courts to require family counselling when a child is found guilty of an
offence; and
(e) to make it an offence for a parent, by wilful default or by neglect to exercise
proper care and guardianship, to contribute to the commission of an offence by a
child; and
(f) to provide for the safe escort of children from public places to their homes or
certain other places, where police officers consider this action may reduce the
likelihood of crime or the exposure of children to risk.
* Amended in committee--see table at end of volume.
PART l--PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the proposed Act to commence on a day or days to be
appointed by the Governor by proclamation published in the Gazette.
Clause 3 contains definitions used in the proposed Act. The expression "parent" is
defined to include a guardian or person having the custody of a child, but as not
including a public guardian.
Clause 4 deals with the operation of the proposed Act. Subclause (1) makes it clear
that the proposed Act does not affect any functions exercisable apart from the Act.
Subclause (2) extends the Act to matters arising before its commencement.
PART 2--PARENTAL RESPONSIBILITY
Clause 5 enables a court to require one or more parents to be present during
criminal proceedings against a child.
Clause 6 enables a court to require a child to give an undertaking relating to the
future behaviour (including undertakings requiring parental supervision) and to require
parents to be present at court in the event of a breach of such an undertaking.
Clause 7 enables a court to require a parent or parents to give undertakings relating
to the future behaviour of a child, including undertakings guaranteeing compliance with
an undertaking given by the child, undertakings relating to acts of the parents, and the
giving of security for the good behaviour of the child.
Clause 8 enables a court to require a child whom it finds guilty of an offence and
the child's parents to undergo family counselling.
Clause 9 makes it an offence for a parent, by wilful default or by neglect to exercise
proper care and guardianship, to contribute to the commission of an offence by a child.
Clause 10 contains ancillary provisions enabling rules of court to be made
compelling attendance of parents and children before a court for the purposes of the
Part, and applies certain provisions of the Justices Act 1902 to warrants and summonses.
It also enables rules of court to be made with respect to undertakings. It also makes it
clear that a court may exercise all or any one or more of the functions under clauses 5,
6, 7 and 8 in any particular matter.
PART 3--WELFARE OF CHILDREN IN PUBLIC PLACES
Clause 11 describes the application of the Part. The Part applies to a person who is
in a public place and whom a police officer believes on reasonable grounds is a child of
or under the age of 15 years and is not subject to supervision or control of a responsible
adult. The clause also makes it clear that the powers conferred by the Part are
exercisable without further authority than that conferred by the Part, and is to act in
conformity with any relevant directions issued by the Commissioner of Police.
Clause 12 deals with police functions relating to children to whom the Part applies.
Subclause (1) enables a police officer to request such a child to state his or her name
and age and his or her parent's residential address or the address of his or her care
residence. Subclause (2) empowers a police officer to escort such a child to the parent's
residence or care residence or (if that is not practicable) to some other place prescribed
by the regulations, but subclause (3) provides that this power can be exercised only if
the police officer knows or has requested the child's details referred to in subclause (1)
and considers that this action would reduce the likelihood of a crime being committed or
of the child being exposed to risk. Subclause (4) requires the police officer to notify a
parent or carer if the child is escorted to a place that is not the parent's residence or care
residence. Subclause (5) authorises the police officer to use reasonable force.
Clause 13 deals with the situation where a child is escorted to a prescribed place (as
referred to in clause 12). Subclause (1) imposes general duties on the officer in charge
of the place. Subclause (2) limits the period during which the child may be kept at that
place to 24 hours or a shorter prescribed period, and thereafter the child must either be
released or dealt with according to law. Subclause (3) makes it an offence for the child
to leave that place without the consent of the officer in charge. Subclause (4) requires
the child to be released to a parent, if and when available unless the child has a carer.
Subclause (5) requires the child to be released to the carer in that case. Subclause (6)
authorises the making of regulations to deal with the care and release of such children at
prescribed places. Subclause (7) requires a child to be kept separately from persons who
are detained for committing offences or on remand.
PART 4--MISCELLANEOUS
Clause 14 provides for offences against the proposed Act to be dealt with before a
Local Court.
Clause 15 empowers regulations to be made for the purposes of the proposed Act.
Clause 16 requires the proposed Act to be reviewed in 5 years time.