CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 41D
Procedure to be followed by Review Council as to transfer of juvenile inmate to adult correctional centre
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 41D
Procedure to be followed by Review Council as to transfer of juvenile inmate to adult correctional centre
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.
