New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"authorised justice" means:

(a) a Magistrate, or

(b) an authorised officer within the meaning of the Criminal Procedure Act 1986 .

"centre manager" of a detention centre means the person for the time being in charge of the centre.
"Chief Executive Officer, Justice Health" means the person for the time being holding office or acting as the chief executive officer of Justice Health under the Health Services Act 1997 .
"child" means a person who is under the age of 18 years.
"Children’s Court" means the Children’s Court of New South Wales constituted by the Children’s Court Act 1987 .
"correctional centre" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .
"correctional officer" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .
"Department" means the Department of Juvenile Justice.
"detainee" means a person subject to control or a person on remand, but does not include a person who is absent from a detention centre pursuant to an order in force under section 24.
"detention centre" means premises the subject of an order in force under section 5 (1).
"detention order" means:

(a) an order in force under section 19 of the Children (Criminal Proceedings) Act 1987 whereby a court has directed that the whole or any part of the term of a sentence of imprisonment imposed on a person be served as a juvenile offender, and pursuant to which the court has committed the person to a detention centre, or

(b) an order in force under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 whereby the Children’s Court, or some other court exercising the functions of the Children’s Court under Division 4 of Part 3 of that Act, has committed a person to the control of the Minister, or

(c) an order in force under section 10 of this Act whereby the Minister administering the Crimes (Administration of Sentences) Act 1999 or the Commissioner of Corrective Services has directed the transfer of a juvenile inmate from a correctional centre or juvenile correctional centre, as the case may be, to a detention centre.

"Director-General" means the person for the time being holding office or acting as the Director-General of the Department.
"inmate" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .
"Justice Health" means the statutory health corporation of that name specified in Schedule 2 to the Health Services Act 1997 .
"juvenile correctional centre" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .
"juvenile inmate" means an inmate who is under the age of 21 years.
"juvenile justice officer" means a member of staff of the Department, and includes a correctional officer exercising functions pursuant to section 26 (1).
"medical officer", in relation to a detention centre, means a medical officer appointed for the detention centre as referred to in section 37G.
"misbehaviour", in relation to a detainee, means an offence under section 37A (breaching conditions of leave, failure to return etc) or any breach of the regulations that is committed by the detainee.
"older detainee" means a detainee who is of or above the age of 16 years.
"person on remand" means:

(a) a child who is an accused person within the meaning of the Bail Act 1978 and who has not been released on bail under that Act,

(b) a person who is an accused person within the meaning of the Bail Act 1978 and who has not been released on bail under that Act, being a person who is charged before the Children’s Court, or

(c) a person who is an accused person within the meaning of the Bail Act 1978 and who has not been released on bail under that Act, being a person who is a person on remand by virtue of an order referred to in paragraph (c) of the definition of "detention order".

"person subject to control" means a person who is the subject of a detention order, but does not include a person who is a person on remand by virtue of an order referred to in paragraph (c) of the definition of "detention order".
"regulation" means a regulation made under this Act.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) In this Act a reference to the Minister administering the Crimes (Administration of Sentences) Act 1999 includes a reference to a person authorised by that Minister to exercise the functions of that Minister under this Act.

(4) In this Act a reference to a person who is absent from a detention centre includes a reference to a person who has been removed or discharged from a detention centre pursuant to an order under section 24.

(5) Notes included in this Act do not form part of this Act.