New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 41D

41D Procedure to be followed by Review Council as to transfer of juvenile inmate to adult correctional centre

(1) On the application of the Commissioner, the Review Council is to conduct an inquiry for the purpose of deciding whether or not to recommend the transfer of a juvenile inmate from a juvenile correctional centre to an adult correctional centre, as referred to in section 41C (2) (b).

(2) In conducting an inquiry under this section, the Review Council is not bound by the rules of evidence but may inform itself of any matter in such manner as it thinks appropriate.

(3) The Review Council must cause notice of any hearing in relation to an inquiry under this section to be given to the Commissioner and to the juvenile inmate to whom the inquiry relates.

(4) If the inmate so wishes, the Review Council must allow the juvenile inmate to be present, and to be heard, at the hearing.

(5) The juvenile inmate may be represented by an Australian legal practitioner chosen by the inmate or, if the Review Council so approves, by some other person chosen by the inmate.

(6) The Commissioner may be represented by an Australian legal practitioner or by some other person.

(7) For the purposes of an inquiry under this section, the Review Council must co-opt a person who is:

(a) a Children’s Magistrate or former Children’s Magistrate, or

(b) an Australian legal practitioner of at least 7 years’ standing who has experience as an advocate on behalf of children,

unless such a person is already a member of the Review Council and is available for the inquiry.

(8) A person who is co-opted to the Review Council under subsection (7):

(a) may be co-opted:

(i) as a community member, if the Review Council, as constituted for the purposes of the inquiry, includes a judicial member, or

(ii) as a judicial member, if the Review Council, as constituted for the purposes of the inquiry, does not include some other judicial member, and

(b) is taken, for the purposes of the inquiry, to be a judicial member or community member, as the case may be, and has, in relation to the inquiry, all of the powers and immunities of such a member.

(9) Division 2 of Part 9 applies to the conduct of an inquiry by the Review Council under this section.