New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987

- As at 3 November 2009
- Act 57 of 1987

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Objects of Act

   PART 2 - DETENTION CENTRES

   5.      Establishment of detention centres
   6.      Director-General to have control and management of detention centres
   7.      Inspection of detention centres by juvenile justice officer appointed by Director-General
   8.      Inspection of detention centres by judges etc
   8A.     Official Visitors

   PART 3 - PERSONS ON REMAND AND PERSONS SUBJECT TO CONTROL

           Division 1 - Admission to detention centres

   9.      Persons on remand and persons subject to control to be detained in detention centres
   9A.     Certain persons not to be detained in detention centres
   10.     Transfer of juvenile inmates from correctional centres to detention centres
   11.     Director-General to determine detention centre at which a person subject to control is to be detained
   12.     Duly endorsed detention orders authorise conveyance and detention of persons subject to control
   13.     Transfers between detention centres

           Division 2 - Treatment of detainees

   14.     Functions of the Director-General
   15.     Detainees to be in custody of centre manager
   16.     Separation of detainees
   17.     Private property
   17A.    Detainees not to be supplied with or allowed alcohol, tobacco or adult films
   18.     Work to be performed by detainees
   19.     Segregation of detainees for protection
   20.     Complaints of misbehaviour
   21.     Punishments for misbehaviour
   22.     Prohibited punishments

           Division 3 - Miscellaneous

   23.     Persons on remand not to be granted leave
   23A.    Escorted absences
   24.     Persons subject to control may be granted leave, discharged etc
   24A.    Conditions of leave as to non-association and place restriction
   25.     Removal to hospital of detainees
   26.     Use of Corrective Services staff in dealing with riots and disturbances
   27.     Medical attention
   28.     Transfer of older detainees from detention centres to correctional centres
   28A.    Certain children may be remanded in correctional centres
   28B.    Certain children etc may be committed to correctional centres
   28BA.   Certain persons to serve balance of detention order in correctional centre
   28C.    Meaning of “detention centre offence”
   28D.    Review etc of sec 28B orders
   28E.    Consideration of suitability for detention centre
   28F.    Consent of Minister administering Crimes (Administration of Sentences) Act 1999 required
   29.     Application of Crimes (Administration of Sentences) Act 1999 to detainees
   30.     Discharge generally
   31.     Early discharge
   32.     Termination of detention orders
   32A.    Regulations

   PART 4 - OFFENCES

   33.     Escaping
   34.     Helping person to escape
   35.     Rescuing persons from lawful custody
   36.     Permitting escapes
   37.     Harbouring escapees
   37A.    Breaching conditions of leave, failure to return etc
   37B.    Trafficking in alcohol, drugs or other things
   37C.    Unlawful entry into detention centre or communication with detainee
   37D.    Disclosure of information obtained in administration or execution of Act

   PART 4A - ADMINISTRATION

           Division 1 - Health

   37E.    Functions of Justice Health
   37F.    CEO, Justice Health, to have access to detention centres, detainees and medical records
   37G.    Appointment of medical officers
   37H.    Delegation of functions of CEO, Justice Health

           Division 2 - Testing of juvenile justice officers for alcohol and prohibited drugs

   37I.    Definitions
   37J.    Testing of juvenile justice officers for alcohol and prohibited drugs
   37K.    Testing where juvenile justice officer attends hospital
   37L.    Protection from liability
   37M.    Regulations

   PART 5 - MISCELLANEOUS

   38.     Arrest of escapees etc
   38A.    Extension of term of detention order following unlawful absence
   39.     Expediting trials and appeals
   39A.    Delegation of functions
   40.     Evidentiary matters
   41.     Proceedings for offences
   42.     Attendance of persons subject to control before courts and court officers
   42A.    Admission to detention centre following arrest or apprehension for breach of bail undertaking or conditions
   43.     Royal prerogative of mercy preserved
   44.     Saving as to functions of Sheriff
   45.     Regulations
   46.     Savings and transitional provisions
           SCHEDULE 1