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Queensland
JUVENILE JUSTICE
AMENDMENT BILL 2002
Queensland
JUVENILE JUSTICE AMENDMENT
BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 2--AMENDMENT OF JUVENILE JUSTICE ACT 1992
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 Replacement of s 4 (Principles of juvenile justice) . . . . . . . . . . . . . . . . . . . . 18
4 Juvenile justice principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
6 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
5A Note in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7 Replacement of pts 1B1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 1A--SPECIAL PROVISIONS ABOUT POLICING AND
CHILDREN
Division 1--Police officer must consider appropriate way to proceed
9A Division does not apply to 2 general ways of proceeding . . . . . . . . . 23
10 Police officer to consider alternatives to proceeding against child . . 23
11 Preferred way for police officer to start proceedings. . . . . . . . . . . . . 24
12 Police officer's power of arrest preserved in particular general
circumstances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Cautioning
13 Purpose of caution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
14 Police officer may administer a caution. . . . . . . . . . . . . . . . . . . . . . . 26
15 Conditions for administration of police caution . . . . . . . . . . . . . . . . 26
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Juvenile Justice Amendment Bill 2002
16 Caution administered by respected person of Aboriginal or
Torres Strait Islander community. . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
17 Caution procedure must involve explanation. . . . . . . . . . . . . . . . . . . 27
18 Caution procedure may involve apology to victim . . . . . . . . . . . . . . 27
19 Child must be given a notice of caution. . . . . . . . . . . . . . . . . . . . . . . 27
20 Childrens Court may dismiss charge if caution should have
been administered or no action taken. . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3--Reference by police officer to coordinator for a conference
21 When a police officer may refer an offence for a conference . . . . . . 29
22 If a conference agreement is made on a referral by a police officer . 30
23 Powers of police officer if referral is unsuccessful or if child
contravenes conference agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 4--Identifying particulars
24 Application by police officer for permission to take child's
identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
25 Support person must be present when identifying particulars
are taken .......................................... 33
26 Destruction of identifying particulars taken under court order . . . . . 34
27 Division does not limit other provisions . . . . . . . . . . . . . . . . . . . . . . 35
Division 5--Statements
28 Support person must be present for statement to be admissible . . . . 35
PART 1B--YOUTH JUSTICE CONFERENCES GENERALLY
29 Object of part and explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
30 Appointment of coordinator and approval of convenor . . . . . . . . . . . 38
30A Protection against liability for convenor or coordinator . . . . . . . . . . 39
30B Who may refer an offence to a coordinator . . . . . . . . . . . . . . . . . . . . 39
30C Who may participate in a conference . . . . . . . . . . . . . . . . . . . . . . . . 39
30D Convening of a conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
30E Coordinator may persist in efforts to achieve a conference
agreement ....................................... 41
30F Form and content of conference agreement. . . . . . . . . . . . . . . . . . . . 41
30G Intervention of chief executive to correct conference agreement . . . 43
30H If the chief executive amends the conference agreement. . . . . . . . . . 43
30I Admissibility of a conference agreement and related evidence ... 43
30J If chief executive signs agreement for program. . . . . . . . . . . . . . . . . 44
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8 Replacement of pt 2 hdg (Start of proceedings) . . . . . . . . . . . . . . . . . . . . . . 45
9 Replacement of pt 2, divs 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
31 Preferred way of starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . 45
10 Omission of pt 2, div 4, hdg (Complaint and summons). . . . . . . . . . . . . . . . 46
11 Amendment of s 32 (Service of complaint and summons if
offender a child) ........................................ 46
12 Insertion of new s 37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
37A Decisions about bail and related matters . . . . . . . . . . . . . . . . . . . . . . 46
13 Amendment of s 38 (Arrested child must be brought promptly before
the Childrens Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
14 Replacement of s 39 (Child must ordinarily be released from
custody on charge) .......................................... 48
39 Dealing with a child if court can not be promptly constituted. . . . . . 48
15 Amendment of s 40 (Child must be given release notice). . . . . . . . . . . . . . . 49
16 Insertion of new ss 40A and 40B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
40A Conditions of release on bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
40B Granting of bail by audiovisual link or audio link. . . . . . . . . . . . . . . 51
17 Amendment of s 42 (Court may in all cases release child without bail). . . . 51
18 Amendment of s 43 (Custody of child if not released by court) . . . . . . . . . . 51
19 Amendment of s 49 (Childrens Court judge) . . . . . . . . . . . . . . . . . . . . . . . . 52
20 Amendment of s 50 (District Court jurisdiction in aid) . . . . . . . . . . . . . . . . 52
21 Amendment of s 52 (Magistrates Court jurisdiction in aid) . . . . . . . . . . . . . 52
22 Amendment of s 54 (Limitation on justices). . . . . . . . . . . . . . . . . . . . . . . . . 53
23 Amendment of s 56 (Presence of parent required generally) . . . . . . . . . . . . 53
24 Amendment of s 60 (Chief executive's right of audience generally) . . . . . . 53
25 Omission of s 62 (Publication prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . 53
26 Replacement of pt 4, divs 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Decision on how to proceed at start of proceedings for an
indictable offence before a Childrens Court magistrate
Subdivision 1--Procedure for serious offences
68 Committal proceeding if the offence is a serious offence . . . . . . . . . 54
Subdivision 2--Procedure for indictable offences other than serious
offences if child is legally represented
69 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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69A Explanation and election at start . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
69B Procedure on summary hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Subdivision 3--Procedure for indictable offences other than serious
offences if child is not legally represented
69C Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
69D Start as committal proceeding and explanation . . . . . . . . . . . . . . . . . 56
Division 3--Election for summary hearing for indictable offences other
than serious offences after the prosecution evidence has been adduced
70 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
70A Explanation of election at end of prosecution case . . . . . . . . . . . . . . 57
70B Procedure on summary hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 4--Procedure if a child enters a plea of guilty at a committal
proceeding
71 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
71A If the offence is a supreme court offence . . . . . . . . . . . . . . . . . . . . . . 58
71B If the offence is a serious offence other than a supreme court
offence .......................................... 58
71C If the offence is an indictable offence other than a serious
offence ....................................... 59
Division 4A--Procedure after all evidence has been adduced in a
committal proceeding
72 Application of div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
72A If the offence is a supreme court offence . . . . . . . . . . . . . . . . . . . . . . 59
72B If the offence is not a supreme court offence. . . . . . . . . . . . . . . . . . . 60
Division 4B--Election procedure if child committed for trial before a
Childrens Court judge
73 Application of div 4B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
73A Election for trial with or without jury . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 4C--Jurisdiction of Childrens Court judge
Subdivision 1--Jurisdiction generally
74 Childrens Court judge to have criminal jurisdiction over child
charged with indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
74A Sentencing for summary offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
74B General laws relating to indictable offence apply . . . . . . . . . . . . . . . 61
Subdivision 2--Whether a jury is required
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75 When a jury is not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
75A Committal charge--change to jury requirement . . . . . . . . . . . . . . . . 62
75B Charge other than committal charge--election by
legally represented child for trial with or without jury . . . . . . . . . . . 63
75C When a trial by jury is necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 3--Change of guilty plea
76 Child may change plea of guilty . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
27 Replacement of pt 4, div 5, hdg (Rules applying if child and
another person are charged). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
28 Replacement of s 86 (Prosecution may request a matter proceed
as a committal to the Supreme or the District Court in order to ensure
joint trial) ................................................. 64
86 Committal or committal proceeding for joint trial with another
person .......................................... 64
29 Insertion of new pt 4, div 5, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Subdivision 2--Removal of committed proceeding to another jurisdiction
for joint trial
86A Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
86B Removal to another jurisdiction for joint trial with another person. . 65
86C Formal removal to another jurisdiction for joint trial involving
another charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
86D Concurrent jurisdiction available . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
86E Removal ends possibility of trial without jury. . . . . . . . . . . . . . . . . . 67
30 Replacement of s 87 (Appeal rights generally) . . . . . . . . . . . . . . . . . . . . . . . 67
Subdivision 1--General
87 Appeal rights generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
87A Community based orders stayed during appeal . . . . . . . . . . . . . . . . . 67
Subdivision 2--Court of Appeal
87B Appeals to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Subdivision 3--Appeals to Childrens Court judge
87C Appeals under Justices Act 1886, pt 9, div 1 . . . . . . . . . . . . . . . . . . . 68
Subdivision 4--Reviews of sentences by Childrens Court judge'.
31 Amendment of s 89 (Application for review) . . . . . . . . . . . . . . . . . . . . . . . . 68
32 Amendment of s 91 (Stay of proceedings and suspension of orders) . . . . . . 68
33 Amendment of s 95 (Incidents of review) . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
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34 Replacement of ss 98 and 98A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
98 Court may reopen proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
35 Omission of pt 4, div 8, hdg (Special sentencing provisions relating
to detainee) ............................................... 71
36 Relocation and renumbering of s 102 (Extension of Act for detainee
offender) ................................................ 71
37 Insertion of new pt 4, div 9, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
38 Amendment of s 103 (Definitions for pt 4, div 9) . . . . . . . . . . . . . . . . . . . . . 71
39 Insertion of new s 103A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
103A Reference to "offence" includes alleged offence . . . . . . . . . . . . . . . . 72
40 Insertion of new pt 4, div 9, sdiv 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
41 Amendment of s 104 (Offender treated as child) . . . . . . . . . . . . . . . . . . . . . 72
42 Insertion of new pt 4, div 9, sdiv 3 and sdiv 4, hdg. . . . . . . . . . . . . . . . . . . . 72
Subdivision 3--Where offender is to be detained
104A Offender remanded in custody for adult offence . . . . . . . . . . . . . . . . 72
104B Offender remanded in custody for child offence . . . . . . . . . . . . . . . . 73
104C Offender remanded in custody for adult offence and child offence. . 73
104D Dealing with offender held in corrective services facility . . . . . . . . . 74
104E Application to be held in detention centre . . . . . . . . . . . . . . . . . . . . . 75
Subdivision 4--Circumstances affecting whether offender is treated as
adult or child'.
43 Amendment of s 105 (When offender must be treated as an adult) . . . . . . . 76
44 Amendment of s 106 (When offender may be treated as an adult) . . . . . . . . 76
45 Amendment of s 107 (Continuing effect on offender of orders made
when child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
46 Amendment of s 107A (When order made as child may be dealt
with as adult order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
47 Amendment of s 107B (Sentencing offender as adult) . . . . . . . . . . . . . . . . . 78
48 Insertion of new pt 4, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 10--Some provisions about admissibility of childhood offences
107E Use of evidence of cautions and conferences in deciding issue
of criminal responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
49 Amendment of s 109 (Sentencing principles) . . . . . . . . . . . . . . . . . . . . . . . . 78
50 Amendment of s 110 (Presentence report) . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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51 Amendment of s 114 (Evidence of childhood finding of guilt not
admissible against adult) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
52 Omission of s 114A (Particular cautions and community conference
agreements admissible as part of person's criminal history). . . . . . . . . . . . . 80
53 Amendment of s 118 (Children entitled to explanation of sentence) . . . . . . 80
54 Amendment of s 118A (Audio visual link or audio link may be used to
sentence) ............................................... 80
55 Amendment of pt 5, div 1A, hdg (Court referred community
conferences before sentencing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
56 Insertion of new pt 5, div 1A, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
57 Replacement of s 119A (Reference to community conference by court) . . . 80
119A Reference by court to a coordinator for a conference . . . . . . . . . . . . 81
58 Insertion of new s 119AA and pt 5, div 1A, sdiv 2, hdg . . . . . . . . . . . . . . . . 81
119AA Reference back to court from conference. . . . . . . . . . . . . . . . . . . . . 81
Subdivision 2--Indefinite referral'.
59 Amendment of s 119B (If an agreement is made on an indefinite
referral by a court). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
60 Amendment of s 119C (Powers of proper officer if indefinite referral
is unsuccessful or if child contravenes agreement made on court's
indefinite referral) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
61 Insertion of new pt 5, div 1A, sdiv 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
62 Amendment of s 119D (If an agreement is made on a referral by a
court before sentence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
63 Insertion of new pt 5, div 1A, sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Subdivision 4--No further action instead of sentence
119E Court may take no further action if agreement is made. . . . . . . . . . . 85
64 Amendment of s 120 (Sentence orders--general) . . . . . . . . . . . . . . . . . . . . 86
65 Amendment of s 121 (Sentence orders--serious offences) . . . . . . . . . . . . . 87
66 Amendment of s 121A (More than 1 type of order may be made for
a single offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
67 Replacement of ss 121B and 121C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
121B Combination of probation and community service orders. . . . . . . . . 88
121C Combination of intensive supervision order and probation or
detention order prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
121D Combination of detention order and other orders . . . . . . . . . . . . . . . 88
68 Amendment of s 124 (Recording of conviction) . . . . . . . . . . . . . . . . . . . . . . 89
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69 Insertion of new s 127A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
127A Reference to complying with, or contravening, an order. . . . . . . . . . 89
70 Amendment of s 132 (Probation orders--requirements) . . . . . . . . . . . . . . . 89
71 Amendment of s 133 (Child must be willing to comply) . . . . . . . . . . . . . . . 90
72 Omission of ss 134145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
73 Amendment of s 146 (Preconditions to making of community
service order) ........................................... 90
74 Amendment of s 147 (Requirements to be set out in community
service order) ............................................ 90
75 Amendment of s 149 (Community service to be performed within
limited period) ............................................. 91
76 Insertion of new s 151A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
151A Cumulative effect of child and adult community service orders . . . . 91
77 Amendment of s 152 (Ending of community service order). . . . . . . . . . . . . 92
78 Replacement of ss 153163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 6A--Intensive supervision order
153 Preconditions to making of intensive supervision order . . . . . . . . . . 92
154 Intensive supervision order--requirements . . . . . . . . . . . . . . . . . . . . 93
155 Program period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
156 Suspension of intensive supervision program . . . . . . . . . . . . . . . . . . 94
79 Amendment of s 167 (Detention to be served in detention centre). . . . . . . . 95
80 Amendment of s 172 (Period of escape or release pending appeal not
counted as detention). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
81 Amendment of s 172A (Application for variation of detention order in
interests of justice). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
82 Amendment of s 173 (Multiple orders of detention and
imprisonment against person as adult and child) . . . . . . . . . . . . . . . . . . . . . 95
83 Amendment of s 174 (Period of custody on remand to be treated as
detention on sentence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
84 Amendment of pt 5, div 7, sdiv 2, hdg (Immediate release order) . . . . . . . . 96
85 Amendment of s 175 (Purpose of immediate release order) . . . . . . . . . . . . . 96
86 Amendment of s 176 (Immediate release order) . . . . . . . . . . . . . . . . . . . . . . 96
87 Replacement of s 177 (Immediate release order--requirements) . . . . . . . . . 97
177 Conditional release order--requirements . . . . . . . . . . . . . . . . . . . . . 97
88 Amendment of s 178 (Child must be willing to comply) . . . . . . . . . . . . . . . 98
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89 Replacement of s 179 (Presentence report must support immediate
release order) .............................................. 98
179 Presentence report must include particular comments . . . . . . . . . . . 98
90 Amendment of s 180 (Effect of program period ending) . . . . . . . . . . . . . . . 98
91 Insertion of new s 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
181 Program period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
92 Amendment of s 182 (Suspension of program period) . . . . . . . . . . . . . . . . . 99
93 Omission of ss 183187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
94 Replacement of s 189 (Chief executive's fixed release order) . . . . . . . . . . . 99
189 Chief executive's supervised release order . . . . . . . . . . . . . . . . . . . . 100
189A Child may be released from detention while absent from place
of detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
95 Amendment of s 190 (Release period counts as part of detention period) . . 101
96 Replacement of s 191 (Cancellation of release order) . . . . . . . . . . . . . . . . . 101
191 Cancellation of supervised release order . . . . . . . . . . . . . . . . . . . . . . 101
97 Insertion of new pt 5, div 7, sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Subdivision 5--Publication orders
191C Court may allow publication of identifying information . . . . . . . . . . 103
98 Insertion of new pt 5, div 8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Division 8A--Contravention of community based orders and related
matters
192A Reference to "child". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
192B Chief executive must warn child about contravention . . . . . . . . . . . . 104
192C Chief executive's application on contravention . . . . . . . . . . . . . . . . . 104
192D Cancellation of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
192E General options available on breach of order . . . . . . . . . . . . . . . . . . 106
192F General options available to superior court to which child
committed for breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
192G General options available to court before which child found
guilty of an indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
192H Court may resentence child originally sentenced by lower court . . . 108
192I General options available to court to which child committed for
breach by indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
192J Court's power on breach of order other than conditional release
order .......................................... 109
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Juvenile Justice Amendment Bill 2002
192K Court's power on breach of conditional release order . . . . . . . . . . . . 111
192L Variation, discharge and resentence in the interests of justice. . . . . . 111
192M Detention reduced to the extent just. . . . . . . . . . . . . . . . . . . . . . . . . . 112
192N Matters relevant to making further order . . . . . . . . . . . . . . . . . . . . . . 113
192O Affidavits may be used in certain proceedings . . . . . . . . . . . . . . . . . 113
192P Notice of discharge etc. of community based order . . . . . . . . . . . . . 113
192Q Variations by consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
99 Amendment of s 194A (Court may order sentenced child's identifying
particulars to be taken) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
100 Amendment of s 195 (Civil compensation orders) . . . . . . . . . . . . . . . . . . . . 115
101 Amendment of s 203 (Management of detention centres) . . . . . . . . . . . . . . 115
102 Replacement of s 209 (Child must be given an explanation on entry
to detention centre) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
209 Child must be given information on entry to detention centre . . . . . 115
209A Obligation to report harm to children in detention centres . . . . . . . . 116
103 Amendment of s 211 (Childrens Court may order transfer to prison) . . . . . 116
104 Insertion of new ss 213A213B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
213A Commissioner of police service to provide criminal history . . . . . . . 117
213AA Use of criminal history information . . . . . . . . . . . . . . . . . . . . . . . . . 118
213B Helping child gain access to legal practitioner . . . . . . . . . . . . . . . . . 118
105 Amendment of s 214 (Protection of legal practitioner representing child) . . 118
106 Amendment of s 219 (Escape) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
107 Omission of ss 220221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
108 Amendment of s 224AA (Detainees trust fund to be kept) . . . . . . . . . . . . . . 119
109 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
PART 6A--CONFIDENTIALITY
Division 1--Preliminary
224AB Confidential information to which this part applies . . . . . . . . . . . . . 119
224AC Definitions for pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
224AD When does someone gain information through involvement in
the administration of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
224AE Meaning of "disclose" for pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 2--Preservation of confidentiality generally
11
Juvenile Justice Amendment Bill 2002
224AF Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
224AG Preservation of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
224AH Recording, use or disclosure for authorised purpose . . . . . . . . . . . . 121
224AI Disclosure to the child or with the child's consent . . . . . . . . . . . . . . 122
224AJ Disclosure to Commissioner for Children and Young People . . . . . . 122
224AK Disclosure to ensure someone's safety . . . . . . . . . . . . . . . . . . . . . . . 123
224AL Disclosure by chief executive to approved foster carers and others . 123
224AM Disclosure to law enforcement entity in another jurisdiction . . . . . 123
224AN Disclosure by police of information about cautions and youth
justice conferences and agreements . . . . . . . . . . . . . . . . . . . . . . . . . . 124
224AO Disclosure by coordinator or convenor of information about
conference agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
224AP Disclosure by chief executive of information for research purposes 125
Division 3--Confidentiality in relation to proceedings
224AQ Disclosure of information to court or tribunal . . . . . . . . . . . . . . . . . 126
224AR Production of department's records . . . . . . . . . . . . . . . . . . . . . . . . . 126
Division 4--Other matters relating to confidential information
224AS Identity of officer making a report under s 209A . . . . . . . . . . . . . . . 127
224AT Prohibition of publication of identifying information about a child . 127
110 Amendment of s 224A (Programs and services for children) . . . . . . . . . . . . 128
111 Insertion of new s 224AV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
224AV Chief executive must collect and keep information . . . . . . . . . . . . . 128
112 Omission of s 226 (Preservation of confidentiality) . . . . . . . . . . . . . . . . . . . 129
113 Amendment of s 233 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
114 Amendment of s 236 (Application of Act to matters before Juvenile
Justice Legislation Amendment Act 1996) . . . . . . . . . . . . . . . . . . . . . . . . . . 129
115 Insertion of new pt 8, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 3--Transitional provisions for the Juvenile Justice Amendment
Act 2002
Subdivision 1--Interpretation
241 Definitions for pt 8, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Subdivision 2--References
242 References to community conference . . . . . . . . . . . . . . . . . . . . . . . . 130
243 References to immediate release orders and fixed release orders . . . 131
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Juvenile Justice Amendment Bill 2002
244 References to attendance notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Subdivision 3--Investigation provisions
245 Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
246 Identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Subdivision 4--Cautions and community conferences
247 Cautioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
248 Community conferencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Subdivision 5--Start of proceedings
249 Start of proceedings by a police officer . . . . . . . . . . . . . . . . . . . . . . . 134
Subdivision 6--Bail and custody of children
250 Police decision about bail or a related matter . . . . . . . . . . . . . . . . . . 134
Subdivision 7--Jurisdiction and proceedings
251 Generally in relation to new pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
252 Transitional provision for current pt 4, divs 25 . . . . . . . . . . . . . . . . 135
253 Transitional provision for appeals under Justices Act 1886, pt 9,
div 1 ............................................ 136
254 Child offender who becomes an adult . . . . . . . . . . . . . . . . . . . . . . . . 137
Subdivision 8--Sentencing
255 Sentencing generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
256 Current community based orders made by District Court . . . . . . . . . 137
257 Contravention of a current probation order . . . . . . . . . . . . . . . . . . . . 137
258 Cumulative effect of child and adult community service orders . . . . 138
259 Contravention of a community service order. . . . . . . . . . . . . . . . . . . 138
260 Contravention of a conditional release order . . . . . . . . . . . . . . . . . . . 139
261 Contravention of community based orders generally . . . . . . . . . . . . 139
Subdivision 9--Renumbering
262 Renumbering of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
116 Amendment of schedule (Regulation making power). . . . . . . . . . . . . . . . . . 141
117 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
SCHEDULE 1
CHARTER OF JUVENILE JUSTICE PRINCIPLES
118 Insertion of new schs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
SCHEDULE 3
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Juvenile Justice Amendment Bill 2002
RENUMBERED CROSS REFERENCES
SCHEDULE 4
DICTIONARY
PART 3--AMENDMENT OF ACTS INTERPRETATION ACT 1954
119 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
120 Amendment of s 36 (Meaning of commonly used words and expressions) . 148
PART 4--AMENDMENT OF BAIL ACT 1980
121 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
122 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
123 Amendment of s 7 (Power of police officer to grant bail). . . . . . . . . . . . . . . 149
124 Amendment of s 11A (Release of intellectually impaired person) . . . . . . . . 149
125 Amendment of s 12 (Restriction on publication of information,
evidence and the like given in bail application) . . . . . . . . . . . . . . . . . . . . . . 150
126 Amendment of s 14 (Release of persons apprehended on making
deposit of money as security for appearance) . . . . . . . . . . . . . . . . . . . . . . . . 150
127 Amendment of s 15 (Procedure upon application for bail) . . . . . . . . . . . . . . 150
128 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
129 Replacement of s 19A (Consideration of findings of guilt, cautions
and community conference agreements as child for decisions about
release from custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
19A Consideration of unrecorded convictions . . . . . . . . . . . . . . . . . . . . . 151
130 Amendment of s 19B (Review of particular decisions) . . . . . . . . . . . . . . . . 151
131 Amendment of s 19C (Review by Supreme Court of magistrate's
decision on a review). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
132 Amendment of s 20 (Undertaking as to bail) . . . . . . . . . . . . . . . . . . . . . . . . 152
133 Amendment of s 28A (Other warrants for apprehension of defendant) . . . . 152
134 Amendment of s 29 (Offence to breach conditions of bail) . . . . . . . . . . . . . 152
135 Amendment of s 33 (Failure to appear in accordance with undertaking) . . . 153
PART 5--AMENDMENT OF CHILDRENS COURT ACT 1992
136 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
137 Amendment of s 5 (Members and constitution of the Childrens Court) . . . . 153
138 Renumbering of pt 5 (General) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
139 Renumbering of ss 2231 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
140 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
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Juvenile Justice Amendment Bill 2002
PART 5--JURY TRIALS
22 Jury in criminal trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
23 Issues of law and fact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
141 Amendment of s 24 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
PART 6--AMENDMENT OF COMMISSION FOR CHILDREN
AND YOUNG PEOPLE ACT 2000
142 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
143 Amendment of s 32 (Subject matter of complaints) . . . . . . . . . . . . . . . . . . . 155
PART 7--AMENDMENT OF CRIMINAL CODE
144 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
145 Amendment of s 669A (Appeal by Attorney-General) . . . . . . . . . . . . . . . . . 156
PART 8--AMENDMENT OF CRIMINAL OFFENCE VICTIMS
ACT 1995
146 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
147 Amendment of s 14 (Information during sentencing of impact of crime
on victim) ............................................... 156
148 Amendment of s 15 (Information about investigation and prosecution
of offender) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
PART 9--AMENDMENT OF DISTRICT COURT OF
QUEENSLAND ACT 1967
149 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
150 Insertion of new s 61A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
61A No general criminal jurisdiction over a child . . . . . . . . . . . . . . . . . . 157
PART 10--AMENDMENT OF EVIDENCE ACT 1977
151 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
152 Amendment of s 39B (Application of pt 3A) . . . . . . . . . . . . . . . . . . . . . . . . 158
PART 11--AMENDMENT OF JURY ACT 1995
153 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
154 Amendment of s 4 (Qualification to serve as juror) . . . . . . . . . . . . . . . . . . . 158
155 Amendment of s 13 (Practice directions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
156 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
PART 12--AMENDMENT OF JUSTICES ACT 1886
157 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
158 Insertion of new s 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
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Juvenile Justice Amendment Bill 2002
2 Note in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
159 Amendment of s 222 (Appeal to a single judge). . . . . . . . . . . . . . . . . . . . . . 160
PART 13--AMENDMENT OF MENTAL HEALTH ACT 2000
160 Act amended in pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
161 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
PART 14--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
162 Act amended in pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
163 Amendment of s 198 (Arrest without warrant) . . . . . . . . . . . . . . . . . . . . . . . 161
164 Amendment of s 200 (Arrest of person granted bail) . . . . . . . . . . . . . . . . . . 161
165 Amendment of s 201 (Arrest of person given notice to appear or summons) 162
166 Amendment of s 204 (Issue of arrest warrant) . . . . . . . . . . . . . . . . . . . . . . . 162
167 Omission of s 207 (Police officer to consider alternatives to proceeding
against child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
168 Amendment of s 212 (Additional case when arrest of child may be
discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
169 Amendment of s 214 (Notice to appear may be issued for offence) . . . . . . . 163
170 Insertion of new s 214A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
214A Notice to appear must be served discreetly on a child. . . . . . . . . . . . 163
171 Amendment of s 215 (Notice to appear form) . . . . . . . . . . . . . . . . . . . . . . . 163
172 Replacement of s 216 (Notice to appear must be filed in court without
cost to person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
216 Filing of notice to appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
173 Amendment of s 218 (Particulars of notice to appear offence must be
given in the proceeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
174 Amendment of s 219 (Notice to appear equivalent to a complaint and
summons) .............................................. 165
175 Amendment of s 220 (Court may order immediate arrest of person
who fails to appear) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
176 Amendment of s 221 (Court must strike out notice to appear if service
insufficient) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
177 Replacement of s 223 (Parent and chief executive must be advised of
arrest of child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
223 Parent and chief executive to be advised of arrest or service of
notice to appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
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Juvenile Justice Amendment Bill 2002
178 Amendment of s 225 (Duty of police officer receiving custody of
person arrested for offence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
179 Amendment of s 252 (Questioning of children) . . . . . . . . . . . . . . . . . . . . . . 167
180 Amendment of s 312 (Taking DNA sample from child) . . . . . . . . . . . . . . . . 167
181 Amendment of s 459 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 167
182 Amendment of sch 1 (Acts not affected by this Act) . . . . . . . . . . . . . . . . . . 168
183 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
2002
A BILL
FOR
An Act to amend the Juvenile Justice Act 1992 and other Acts and for
other purposes
s1 18 s5
Juvenile Justice Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Juvenile Justice Amendment Act 2002. 4
2 Commencement
Clause 5
This Act commences on a day to be fixed by proclamation. 6
PART 2--AMENDMENT OF JUVENILE JUSTICE 7
ACT 1992 8
3 Act amended in pt 2
Clause 9
This part amends the Juvenile Justice Act 1992. 10
4 Replacement of s 4 (Principles of juvenile justice)
Clause 11
Section 4-- 12
omit, insert-- 13
`4 Juvenile justice principles 14
`(1) Schedule 1 sets out a charter of juvenile justice principles. 15
`(2) The principles underlie the operation of this Act.'. 16
5 Amendment of s 5 (Definitions)
Clause 17
(1) Section 5, `In this Act--'-- 18
omit, insert-- 19
`The dictionary in schedule 4 defines particular words used in this Act.'. 20
s5 19 s5
Juvenile Justice Amendment Bill 2002
(2) Section 5, definitions "attendance notice", "breach of duty", 1
"caution", "Childrens Court judge", "community conference agreement", 2
"community conference convenor", "convenor", "disclosable caution", 3
"disclosable community conference agreement", "finding of guilt", "fixed 4
release order", "general principles of juvenile justice", "immediate release 5
order", "referring court", "referring police officer", "sentence order" and 6
"supreme court offence"-- 7
omit. 8
(3) Section 5-- 9
insert-- 10
` "caution" see part 1A, division 2. 11
"Childrens Court judge" includes the Childrens Court when constituted 12
by a Childrens Court judge or a District Court judge. 13
"community based order" means a probation order, community service 14
order, intensive supervision order or conditional release order. 15
"conditional release order" means an order made under section 176.1 16
"conference" means a youth justice conference. 17
"conference agreement" means a youth justice conference agreement. 18
"conference before sentence" see section 119A(3)(a)(ii). 19
"convene a conference" includes anything necessary to be done for the 20
purpose of the convening of the conference, including, for example, 21
preparing for and conducting conference meetings and doing anything 22
necessary to finalise the conference. 23
"convenor" means a youth justice conference convenor approved under 24
section 30. 25
"coordinator" means a youth justice coordinator appointed under 26
section 30. 27
"court of competent jurisdiction", for the trial or sentence of a child on 28
indictment, means-- 29
(a) the Supreme Court; or 30
(b) the District Court within the jurisdiction under the District Court 31
of Queensland Act 1967, part 4; or 32
1 Section 176 (Conditional release order)
s5 20 s5
Juvenile Justice Amendment Bill 2002
(c) a Childrens Court judge within the jurisdiction under part 4, 1
division 4C. 2
"detention centre employee" means a public service employee, any of 3
whose functions are ordinarily performed in a detention centre. 4
"exceptional circumstances parole order" means an exceptional 5
circumstances parole order under the Corrective Services Act 2000. 6
"finding of guilt" means a finding of guilt, or the acceptance of a plea of 7
guilty, by a court, whether or not a conviction is recorded. 8
"grant bail" includes, for a court, enlarge the bail. 9
"indefinite referral" see section 119A(3)(a)(i). 10
"identifying information", about a child, means information that 11
identifies the child, or is likely to lead to the identification of the child, 12
as a child who is being, or has been, dealt with under this Act. 13
14
Example--
15
Each of the following is identifying information about a child if it identifies the
16
child, or is likely to lead to the identification of a child, as a child who is being or
17
has been dealt with under this Act--
18
(a) the child's name, address, school or place of employment;
19
(b) a photograph, picture, videotape or other visual representation of the child
20
or someone else.
"identifying particulars" see the Police Powers and Responsibilities Act 21
2000, schedule 4.2 22
"intensive supervision order" means an intensive supervision order made 23
under section 120(1)(ea). 24
2 Police Powers and Responsibilities Act 2000, schedule 4 (Dictionary)--
"identifying particulars", of a person, means any of the following--
(a) palm prints;
(b) fingerprints;
(c) handwriting;
(d) voiceprints;
(e) footprints;
(f) a photograph of the person's identifying features.
Examples for paragraph (f)--
1. Photographs of scars or tattoos.
2. Photographs of the person.
s5 21 s5
Juvenile Justice Amendment Bill 2002
"juvenile justice principles" means the principles stated in schedule 1. 1
"legal representation" means representation by a legal practitioner. 2
"member of the police service" means a member of the Queensland 3
Police Service under the Police Service Administration Act 1990, 4
section 2.2(1). 5
"notice to appear" means a notice to appear under the Police Powers and 6
Responsibilities Act 2000, section 214(2).3 7
"program period"-- 8
(a) for a conditional release order--see section 177;4 or 9
(b) for an intensive supervision order--see section 154. 5
10
"publish" means publish to the public by television, radio, newspaper, 11
periodical, notice, circular or other form of communication. 12
"referring court", for an offence referred to a conference, see 13
section 30B(b). 14
"referring police officer", for an offence referred to a conference, see 15
section 30B(a). 16
"release notice" see section 40. 17
"respected person", of an Aboriginal or Torres Strait Islander community, 18
means a member of the community who is generally respected in the 19
community. 20
"sentence order" means any of the following-- 21
(a) an order made under section 120 or 121,6 including a reprimand; 22
(b) the recording of a conviction under section 124; 23
(c) a conditional release order made under section 176; 24
(d) an order under section 191C.7 25
3 Police Powers and Responsibilities Act 2000, section 214 (Notice to appear may be
issued for offence)
4 Section 177 (Conditional release order--requirements)
5 Section 154 (Intensive supervision order--requirements)
6 Section 120 (Sentence orders--general) or 121 (Sentence orders--serious offences)
7 Section 191C (Court may allow publication of identifying information)
s6 22 s6
Juvenile Justice Amendment Bill 2002
"supervised release order" means an order made under section 189.8 1
"support person", for a child, see the Police Powers and Responsibilities 2
Act 2000, schedule 4. 3
"supreme court offence" means an offence for which the District Court 4
does not have jurisdiction to try an adult because of the District Court 5
of Queensland Act 1967, section 61.9 6
"unlawfully at large", for a person who has been lawfully detained under 7
this Act, includes-- 8
(a) having escaped from detention; or 9
(b) having been mistakenly released from detention before the 10
person is eligible for the release.'. 11
(4) Section 5, definition "community service", `section 224A'-- 12
omit, insert-- 13
`section 224AU'. 14
(5) Section 5, definitions-- 15
relocate to schedule 4 (as inserted by section 118). 16
6 Insertion of new s 5A
Clause 17
After section 5-- 18
insert-- 19
`5A Note in text 20
`A note in the text of this Act is part of the Act.'. 21
8 Section 189 (Chief executive's supervised release order)
9 District Court of Queensland Act 1967, section 61 (Limited criminal jurisdiction if
maximum penalty more than 14 years)
s7 23 s7
Juvenile Justice Amendment Bill 2002
7 Replacement of pts 1B1C
Clause 1
Parts 1B and 1C-- 2
omit, insert-- 3
`PART 1A--SPECIAL PROVISIONS ABOUT POLICING 4
AND CHILDREN 5
`Division 1--Police officer must consider appropriate way to proceed 6
`9A Division does not apply to 2 general ways of proceeding 7
`This division has no effect on-- 8
(a) the charging of a child under the Justices Act 1886, 9
section 42(1A); or 10
(b) a proceeding on an indictment. 11
`10 Police officer to consider alternatives to proceeding against child 12
`(1) Unless otherwise provided under this division, a police officer, 13
before starting a proceeding against a child for an offence other than a 14
serious offence, must first consider whether in all the circumstances it 15
would be more appropriate to do 1 of the following-- 16
(a) to take no action; 17
(b) to administer a caution to the child; 18
(c) to refer the offence to a conference; 19
(d) if the offence is a minor drugs offence within the meaning of the 20
Police Powers and Responsibilities Act 2000 and the child may 21
be offered an opportunity to attend a drug diversion assessment 22
program under section 211 of that Act--to offer the child that 23
opportunity in accordance with that section. 24
25
Note--
26
Because of section 104, a police officer must consider offering the same opportunities
27
for diversion from the court system as apply to a child to a person who committed an
28
offence as a child but is now an adult.
`(2) The circumstances to which the police officer must have regard 29
include-- 30
s7 24 s7
Juvenile Justice Amendment Bill 2002
(a) the circumstances of the alleged offence; and 1
(b) the child's criminal history, any previous cautions administered 2
to the child for an offence and, if the child has been in any other 3
way dealt with for an offence under any Act, the other dealings. 4
`(3) If necessary, the police officer must delay starting the proceeding in 5
order to comply with a requirement under subsection (1) or (2). 6
`(4) If, on complying with subsections (1) and (2), the police officer 7
considers it would be more appropriate to act as mentioned in 8
subsection (1)(a), (b), (c) or (d), then the police officer must do so. 9
`(5) If, on complying with subsections (1) and (2), the police officer 10
considers it would not be more appropriate to act as mentioned in 11
subsection (1)(a), (b), (c) or (d), the police officer may start a proceeding 12
against the child for the offence. 13
`(6) The police officer may take the action mentioned in 14
subsection (1)(a), (b) or (c) even though-- 15
(a) action of that kind has been taken in relation to the child on a 16
previous occasion; or 17
(b) a proceeding against the child for another offence has already 18
been started or has ended. 19
`(7) Subsection (1) does not prevent a police officer from taking the 20
action mentioned in subsection (1)(a) to (c) for a serious offence. 21
`11 Preferred way for police officer to start proceedings 22
`A police officer starting a proceeding against a child for an offence, 23
other than a serious offence, must start the proceeding by way of complaint 24
and summons or notice to appear, unless otherwise provided under this Act. 25
`12 Police officer's power of arrest preserved in particular general 26
circumstances 27
`(1) A police officer may use the police officer's power of arrest under 28
the Police Powers and Responsibilities Act 2000, section 198(3), without a 29
warrant, to arrest a child for an offence without regard to sections 10 and 11 30
only if the police officer believes on reasonable grounds-- 31
(a) the arrest is necessary-- 32
s7 25 s7
Juvenile Justice Amendment Bill 2002
(i) to prevent a continuation or a repetition of the offence or the 1
commission of another offence; or 2
(ii) to obtain or preserve, or prevent concealment, loss or 3
destruction of, evidence relating to the offence; or 4
(iii) to prevent the fabrication of evidence; or 5
(iv) to ensure the child's appearance before a court; or 6
7
Note--
8
Under the juvenile justice principles in schedule 1, it is a principle of this Act
9
that a child should be detained in custody for an offence, whether on arrest or
10
sentence, only as a last resort and for the least time that is justified in the
11
circumstances.
(b) the child is an adult; or 12
(c) the child is contravening section 21910 or is unlawfully at large. 13
`(2) In deciding for subsection (1)(b) whether the police officer had 14
reasonable grounds, a court may have regard to the child's apparent age and 15
the circumstances of the arrest. 16
`(3) Also, a police officer may use the police officer's power of arrest 17
under the Police Powers and Responsibilities Act 2000, section 198(2), 18
without a warrant, to arrest a child without regard to sections 10 and 11. 19
`(4) Also, a police officer may use the police officer's power of arrest 20
under a warrant issued under the Bail Act 1980 without regard to 21
sections 10 and 11. 22
`Division 2--Cautioning 23
`13 Purpose of caution 24
`The purpose of this division is to set up a way of diverting a child who 25
commits an offence from the courts' criminal justice system by allowing a 26
police officer to administer a caution to the child instead of bringing the 27
child before a court for the offence. 28
10 Section 219 (Escape)
s7 26 s7
Juvenile Justice Amendment Bill 2002
`14 Police officer may administer a caution 1
`(1) A police officer instead of bringing a child before a court for an 2
offence may administer a caution to the child. 3
`(2) The child is then not liable to be prosecuted for the offence. 4
`(3) The caution is not part of the child's criminal history. 5
`15 Conditions for administration of police caution 6
`(1) A police officer may administer a caution to a child for an offence 7
only if the child-- 8
(a) admits committing the offence to the police officer; and 9
(b) consents to being cautioned. 10
`(2) A police officer who administers a caution, or who requests the 11
administration of a caution under section 16, must, if practicable, arrange 12
to be present at the administration of the caution-- 13
(a) an adult chosen by the child; or 14
(b) a parent of the child or a person chosen by a parent of the child. 15
`(3) The commissioner of the police service may authorise a police 16
officer who the commissioner considers has sufficient training or 17
experience ("authorised officer") to administer cautions. 18
`(4) If a police officer administering a caution is not an authorised 19
officer, the caution must be administered in the presence of an authorised 20
officer. 21
`16 Caution administered by respected person of Aboriginal or 22
Torres Strait Islander community 23
`(1) If a caution is to be administered to a child who is a member of an 24
Aboriginal or Torres Strait Islander community, an authorised officer 25
mentioned in section 15-- 26
(a) must consider whether there is a respected person of the 27
community who is available and willing to administer the 28
caution; and 29
(b) if a respected person of the community is available and willing to 30
administer the caution--must request the person to administer 31
the caution. 32
s7 27 s7
Juvenile Justice Amendment Bill 2002
`(2) In a proceeding, evidence that a person purported to administer a 1
caution under subsection (1) as a respected person mentioned in the 2
subsection is evidence that the person was a respected person. 3
`17 Caution procedure must involve explanation 4
`(1) A police officer who administers, or requests the administration of, a 5
caution to a child must take steps to ensure that the child and the person 6
present under section 15(2)11 understand the purpose, nature and effect of 7
the caution. 8
`(2) The steps that can be taken include, for example-- 9
(a) personally explaining these matters to the child; and 10
(b) having some person with training or experience in the cautioning 11
of children give the explanation; and 12
(c) having an interpreter or other person able to communicate 13
effectively with the child give the explanation; and 14
(d) supplying an explanatory note in English or another language. 15
`18 Caution procedure may involve apology to victim 16
`(1) This section applies only after a police officer decides that a caution 17
should be administered to a child for an offence. 18
`(2) The procedure of administering a caution to a child for an offence 19
may involve the child apologising to a victim of the offence if-- 20
(a) the police officer administering, or requesting the administration 21
of, the caution considers that an apology is an appropriate course 22
of action in the particular circumstances of the case; and 23
(b) the child is willing to apologise; and 24
(c) the victim is willing to participate in the procedure. 25
`19 Child must be given a notice of caution 26
`(1) If a caution is administered to a child for an offence, the police 27
officer who-- 28
11 Section 15 (Conditions for administration of police caution)
s7 28 s7
Juvenile Justice Amendment Bill 2002
(a) administered the caution; or 1
(b) under section 16,12 requested the administration of the caution; 2
must give the child a notice in a form approved by the commissioner of the 3
police service. 4
`(2) The notice must state-- 5
(a) that a caution was administered to the child; and 6
(b) the time and date the caution was administered; and 7
(c) the child's name; and 8
(d) the substance of the offence; and 9
(e) the police officer's name and rank; and 10
(f) the place where the caution was issued; and 11
(g) the names of all persons present when the caution was issued; 12
and 13
(h) the nature and effect of a caution. 14
`(3) In a proceeding, a document purporting to be a notice or copy of a 15
notice is evidence that the child was administered a caution for the offence 16
in the circumstances stated in the notice. 17
`(4) A document mentioned in subsection (3) is not evidence that the 18
child committed the offence. 19
`20 Childrens Court may dismiss charge if caution should have 20
been administered or no action taken 21
`(1) If a child pleads guilty before a Childrens Court to a charge made 22
against the child by a police officer, the court may dismiss the charge 23
instead of accepting the plea of guilty if-- 24
(a) application is made for the dismissal by or on behalf of the child; 25
and 26
(b) the court is satisfied that the child should have been cautioned 27
instead of being charged or no action should have been taken 28
against the child. 29
12 Section 16 (Caution administered by respected person of Aboriginal or Torres Strait
Islander community)
s7 29 s7
Juvenile Justice Amendment Bill 2002
`(2) In deciding the application, the Childrens Court may have regard 1
to-- 2
(a) any other cautions administered to the child for any offence; and 3
(b) whether any previous conference agreements have been made by 4
the child. 5
`(3) If the court dismisses a charge under subsection (1) because the 6
child should have been cautioned, the court may-- 7
(a) administer the caution to the child; or 8
(b) direct that a caution be administered to the child as directed by 9
the court. 10
`(4) The caution is not part of the child's criminal history. 11
`Division 3--Reference by police officer to coordinator for a conference 12
13
`21 When a police officer may refer an offence for a conference 14
`(1) A police officer may refer an offence, for a conference, to a 15
coordinator, instead of bringing the child before a court for the offence, 16
if-- 17
(a) the child admits committing the offence to the police officer; and 18
(b) having regard to the matters in section 29(5), the police officer 19
considers-- 20
(i) a caution is inappropriate; and 21
(ii) a proceeding for the offence would be appropriate if a 22
reference were not made; and 23
(iii) the referral is a more appropriate way of dealing with the 24
offence than starting a proceeding; and 25
(iv) a convenor will be available for the conference. 26
`(2) The police officer may require the child to attend the conference as 27
directed by the police officer. 28
`(3) In any of the circumstances mentioned in subsection (4) or (5), a 29
coordinator may refer the offence back to the police officer by written 30
notice given to the police officer. 31
s7 30 s7
Juvenile Justice Amendment Bill 2002
`(4) One circumstance is that a convenor will not be available for the 1
conference. 2
`(5) Other circumstances are as follows-- 3
(a) the convenor is unable to contact the child after reasonable 4
inquiries; 5
(b) the convenor has made reasonable requirements of the child to 6
attend a pre-conference interview and the child has failed to 7
attend as required; 8
(d) the convenor considers it necessary for a victim to participate and 9
the victim does not wish to participate or the convenor can not 10
locate the victim after reasonable inquiries; 11
(e) during the preparation for the conference meeting, the child 12
denies committing the offence to the convenor; 13
(e) during the preparation for the conference meeting, the convenor 14
comes to the conclusion that an appropriate conference 15
agreement is unlikely to be made within a time the convenor 16
considers appropriate; 17
(f) the convenor ends the conference under section 30D(5); 18
(g) the conference ends without an agreement being made. 19
`(5) A notice given by the coordinator under subsection (3) must state the 20
reasons for referring the offence back to the police officer. 21
`(6) The reasons stated in the notice may be considered by a court in any 22
later proceeding for the sentencing of the child for the relevant offence. 23
`(7) The police officer must take reasonable steps to inform the child that 24
the police officer has received the notice. 25
`22 If a conference agreement is made on a referral by a police officer 26
`If a conference agreement is made on the referral by the police officer, 27
the child is then not liable to be prosecuted for the offence unless otherwise 28
expressly provided under this Act. 29
`23 Powers of police officer if referral is unsuccessful or if child 30
contravenes conference agreement 31
`(1) This section applies if-- 32
s7 31 s7
Juvenile Justice Amendment Bill 2002
(a) a coordinator refers the offence back to a police officer under 1
section 21(3); or 2
(b) the child contravenes a conference agreement made at the 3
conference. 4
`(2) In considering what further action is appropriate, the police officer 5
must consider-- 6
(a) the matters mentioned in section 10(2);13 and 7
(b) any participation by the child in the conference; and 8
(c) if an agreement was made at the conference--anything done by 9
the child under the agreement. 10
`(3) The police officer may-- 11
(a) take no action; or 12
(b) administer a caution to the child; or 13
(c) refer the offence to a coordinator for another conference; or 14
(d) start a proceeding against the child for the offence. 15
`Division 4--Identifying particulars 16
`24 Application by police officer for permission to take child's 17
identifying particulars 18
`(1) This section applies if a child has been charged, without being 19
arrested, with an indictable offence or an offence against any of the 20
following Acts that is an arrest offence-- 21
· Criminal Code 22
· Drugs Misuse Act 1986 23
· Police Service Administration Act 1990 24
· Regulatory Offences Act 1985 25
· Vagrants, Gaming and Other Offences Act 1931 26
· Weapons Act 1990. 27
13 Section 10 (Police officer to consider alternatives to proceeding against child)
s7 32 s7
Juvenile Justice Amendment Bill 2002
`(2) A police officer (the "applicant") may apply to a Childrens Court 1
magistrate (the "court") to have all or any of the identifying particulars of 2
the child taken. 3
`(3) The applicant must give notice of the application to-- 4
(a) the child; and 5
(b) a parent of the child, unless a parent can not be found after 6
reasonable inquiry; and 7
(c) the chief executive. 8
`(4) The court may decide the application in the absence of a person 9
mentioned in subsection (3), if the court is satisfied that subsection (3) has 10
been complied with. 11
`(5) On the application-- 12
(a) the applicant and anyone mentioned in subsection (3) is entitled 13
to be heard and to provide evidence; and 14
(b) the court may act on statements of information and belief. 15
`(6) The court may order the identifying particulars to be taken if it is 16
satisfied, on the balance of probabilities, of all the following facts-- 17
(a) someone has committed the charged offence; 18
(b) there is evidence of identifying particulars of the offender that 19
are of the same type as the identifying particulars the applicant 20
seeks to have taken from the child; 21
(c) the child is reasonably suspected of being the offender; 22
(d) the order is necessary for the proper conduct of the investigation 23
of the offence. 24
`(7) The order must state the investigation for which the order is made. 25
`(8) If the child will not be in custody when the particulars are taken, the 26
order must require the child to report to a police officer at a stated police 27
station between stated hours within 7 days to enable a police officer to take 28
the identifying particulars. 29
`(9) A child must not contravene the order. 30
Maximum penalty (subject to part 5)--10 penalty units. 31
`(10) If the child will be in custody when the particulars are taken, the 32
order must require the particulars to be taken at the place the child is held 33
in custody. 34
s7 33 s7
Juvenile Justice Amendment Bill 2002
`(11) This section is subject to section 25. 1
`(12) In this section-- 2
"charged offence" means the offence with which the child is charged or 3
an offence arising out of the same, or the same set of, circumstances. 4
"parent", of a child, includes someone who is apparently a parent of the 5
child. 6
`25 Support person must be present when identifying particulars 7
are taken 8
`(1) In a proceeding for an offence, a court must not admit into evidence 9
against a defendant identifying particulars taken from the defendant under 10
section 24 unless the court is satisfied a support person chosen by the child 11
was present when the identifying particulars were taken. 12
`(2) Subsection (1) does not apply if-- 13
(a) the prosecution satisfies the court there was proper and sufficient 14
reason for the absence of a support person when the particulars 15
were taken; and 16
(b) the court considers that, in the particular circumstances, the 17
particulars should be admitted into evidence. 18
`(3) This section does not require that a police officer permit or cause to 19
be present when the identifying particulars are taken a person whom the 20
police officer suspects on reasonable grounds-- 21
(a) is an accomplice of the child; or 22
(b) is, or is likely to become, an accessory after the fact; 23
for the offence or another offence under investigation. 24
`(4) Also, this section does not require that a police officer permit or 25
cause to be present when the identifying particulars are taken a parent of 26
the child whom the police officer suspects on reasonable grounds is a 27
person against whom the offence under investigation is alleged to have 28
been committed. 29
`(5) This section does not limit the common law under which a court in a 30
criminal proceeding may exclude evidence in the exercise of its discretion. 31
s7 34 s7
Juvenile Justice Amendment Bill 2002
`26 Destruction of identifying particulars taken under court order 1
`(1) Identifying particulars taken from a child under an order under 2
section 2414 must be destroyed if the investigation for which the order was 3
made does not result in a sentence order being made. 4
`(2) For subsection (1), the destruction must happen within 7 days of 5
whichever of the following happens last-- 6
(a) if the investigation is for an offence for which a proceeding had 7
started when the order was made and the proceeding ends 8
without a sentence order being made--the end of the proceeding; 9
(b) if the investigation is for an offence for which a proceeding is 10
started within 28 days after the order is made and the proceeding 11
ends without a sentence order being made--the end of the 12
proceeding; 13
(c) if the investigation is for an offence for which a proceeding is not 14
started within 28 days of the order--the end of the period of 15
28 days. 16
17
Note--
18
See the extended meaning of "charged offence" in section 24.
`(3) An applicant who obtains an order to have identifying particulars 19
taken from a child under section 24 must not fail to ensure the particulars 20
are destroyed under this section, unless the applicant has a reasonable 21
excuse for failing to do so. 22
`(4) A failure to comply with subsection (3) may be dealt with as a 23
breach of discipline under the Police Service Administration Act 1990. 24
`(5) In this section-- 25
"end of the proceeding", in relation to the referral of an offence to a 26
conference under section 119A(3)(a)(i),15 means-- 27
(a) the making of the relevant conference agreement; and 28
(b) the satisfactory completion of the requirements of the agreement. 29
14 Section 24 (Application by police officer for permission to take child's identifying
particulars)
15 Section 119A (Reference by court to a coordinator for a conference)
s7 35 s7
Juvenile Justice Amendment Bill 2002
`27 Division does not limit other provisions 1
`This division does not limit provisions of the Police Powers and 2
Responsibilities Act 2000 authorising the taking of someone's identifying 3
particulars to the extent to which those provisions apply to a child. 4
`Division 5--Statements 5
`28 Support person must be present for statement to be admissible 6
`(1) In a proceeding for an indictable offence, a court must not admit into 7
evidence against the defendant a statement made or given to a police officer 8
by the defendant when a child, unless the court is satisfied a support person 9
was present with the child at the time and place the statement was made or 10
given. 11
`(2) Subsection (1) does not apply if-- 12
(a) the prosecution satisfies the court there was a proper and 13
sufficient reason for the absence of a support person at the time 14
the statement was made or given; and 15
16
Examples--
17
1. There was a reasonable suspicion that allowing a support person to be
18
present would result in an accomplice or accessory of the relevant
19
person taking steps to avoid apprehension.
20
2. A support person was excluded under the Police Powers and
21
Responsibilities Act 2000.
(b) the court considers that, in the particular circumstances, the 22
statement should be admitted into evidence. 23
`(3) This section does not require that a police officer permit or cause to 24
be present when a child makes or gives the statement a person the police 25
officer suspects on reasonable grounds-- 26
(a) is an accomplice of the child; or 27
(b) is, or is likely to become, an accessory after the fact; 28
in relation to the offence or another offence under investigation. 29
`(4) This section does not limit the common law under which a court in a 30
criminal proceeding may exclude evidence in the exercise of its discretion. 31
s7 36 s7
Juvenile Justice Amendment Bill 2002
`PART 1B--YOUTH JUSTICE CONFERENCES 1
GENERALLY 2
`29 Object of part and explanation 3
`(1) The object of this part is to establish a youth justice conference 4
process for a child who admits committing an offence to a police officer or 5
after a finding of guilt for an offence is made against the child before a 6
court. 7
`(2) The process allows the child, a victim of the offence and other 8
concerned persons to consider or deal with the offence in a way benefiting 9
all concerned. 10
`(3) The process includes the following basic steps-- 11
(a) a police officer or court refers the offence to a youth justice 12
conference; 13
(b) a convenor convenes the conference between the child and other 14
concerned persons;16 15
(c) at the conference the offence is discussed and an agreement made 16
on what must be done because of the offence. 17
`(4) The benefits intended are-- 18
(a) the child may benefit by-- 19
(i) meeting any victim and taking responsibility for the results 20
of the offence in an appropriate way; and 21
(ii) having the opportunity to make restitution and pay 22
compensation for the offence; and 23
(iii) taking responsibility for the way in which the conference 24
deals with the offence; and 25
(iv) having less involvement with the courts' criminal justice 26
system; and 27
(b) the child's parents may benefit by-- 28
(i) being involved in decision making about the child's 29
behaviour; and 30
16 See section 30C (Who may participate in a conference).
s7 37 s7
Juvenile Justice Amendment Bill 2002
(ii) being encouraged to fulfil their responsibility for the 1
support and supervision of the child; and 2
(iii) being involved in a process that encourages their 3
participation and provides support in family relationships; 4
and 5
(c) the victim may benefit by the opportunity-- 6
(i) to meet and understand the child and understand why the 7
offence was committed; and 8
(ii) to express the victim's concerns; and 9
(iii) to have questions answered; and 10
(iv) to influence the way in which the conference deals with the 11
offence; and 12
(v) to encourage the child's sense of responsibility; and 13
(d) the community may benefit by-- 14
(i) fewer offences being committed because of effective early 15
intervention by the community; and 16
(ii) less public cost from unnecessary involvement of the courts' 17
criminal justice system; and 18
(iii) increasing resolution of disputes within the community 19
without government intervention or legal proceedings. 20
`(5) In deciding whether it is appropriate to refer an offence to a 21
conference, a police officer or court must have regard to-- 22
(a) the offence's nature; and 23
(b) the harm suffered by anyone because of the offence; and 24
(c) whether the interests of the community and the child would be 25
served by having the offence considered or dealt with at a 26
conference. 27
`(6) This part provides for youth justice conferences generally. 28
`(7) Part 1A, division 317 has provisions for a youth justice conference 29
when an offence is referred by a police officer instead of bringing a child 30
before a court for the offence. 31
17 Part 1A (Special provisions about policing and children), division 3 (Reference by
police officer to coordinator for a conference)
s7 38 s7
Juvenile Justice Amendment Bill 2002
`(8) Part 5, division 1A18 has provisions for a youth justice conference 1
when an offence is referred by a court after a finding of guilt is made 2
against a child for the offence. 3
`30 Appointment of coordinator and approval of convenor 4
`(1) Youth justice coordinators may be appointed under the Public 5
Service Act 1996. 6
`(2) A coordinator has the following functions-- 7
(a) as provided under this Act, to take part in the management of the 8
youth justice conference process; 9
(b) other functions conferred on the coordinator under an Act. 10
`(3) The chief executive may approve persons as youth justice 11
conference convenors. 12
`(4) Before approving a person as a convenor, the chief executive must 13
be satisfied the person has appropriate experience or training to be a 14
convenor. 15
`(5) A convenor has the following functions-- 16
(a) as provided under this Act, to convene particular conferences; 17
(b) other functions conferred on the convenor under an Act. 18
`(6) The convenor of a particular conference must be independent of the 19
circumstances of the offence. 20
`(7) A convenor is not disqualified from convening a conference about a 21
particular offence only because, after a previous conference convened by 22
the convenor about the offence has ended without an agreement-- 23
(a) a coordinator has arranged for the convenor to convene another 24
conference about the offence; or 25
(b) the offence has been referred to a coordinator for another 26
conference under section 23(3)(c) or 119C(3)(b). 27
`(8) A coordinator or convenor has all powers-- 28
(a) necessary to perform the functions of the coordinator or 29
convenor; or 30
18 Part 5 (Sentencing), division 1A (Court referred conferences before sentencing)
s7 39 s7
Juvenile Justice Amendment Bill 2002
(b) conferred on the coordinator or convenor under an Act. 1
`(9) A person may be appointed as a coordinator and approved as a 2
convenor and perform the functions of both for the same conference. 3
`(10) A coordinator or convenor may perform a function or exercise a 4
power under arrangements established by the chief executive for the 5
efficient management of the conference process. 6
`30A Protection against liability for convenor or coordinator 7
`A convenor or coordinator does not incur civil liability for an act done, 8
or omission made, honestly by the convenor or coordinator with the 9
intention of performing functions or exercising powers as convenor or 10
coordinator. 11
`30B Who may refer an offence to a coordinator 12
`An offence may be referred for a conference to a coordinator by-- 13
(a) a police officer under part 1A, division 3 (the "referring police 14
officer"); or 15
(b) a court under part 5, division 1A (the "referring court"). 16
`30C Who may participate in a conference 17
`(1) The following persons ("participants") are entitled to participate in 18
a conference-- 19
(a) the convenor; 20
(b) the child; 21
(c) at the child's request, 1 or more of the following-- 22
(i) a legal practitioner acting for the child; 23
(ii) an adult member of the child's family; 24
(iii) another adult nominated by the child; 25
(d) the child's parent; 26
(e) the victim; 27
(f) at the victim's request-- 28
(i) a legal practitioner acting for the victim; or 29
s7 40 s7
Juvenile Justice Amendment Bill 2002
(ii) a member of the victim's family; or 1
(iii) a support person; 2
(g) a representative of-- 3
(i) if the offence is referred to the conference by a police 4
officer--the commissioner of the police service; or 5
(ii) if the offence is referred to the conference by a court--the 6
prosecution in the proceeding for the offence; 7
(h) another person decided by the convenor. 8
9
Examples of paragraph (h)--
10
1. A representative of the chief executive.
11
2. A member of the child's family.
12
3. For an Aboriginal or Torres Strait Islander child who is from an
13
Aboriginal or Torres Strait Islander community, a respected member of
14
the community or a representative of a community justice group that
15
may be in the community.
`(2) To ensure that a victim of the offence is informed of the entitlement 16
under subsection (1)(e), the following must give details of victims of the 17
offence to a coordinator -- 18
(a) if the offence is referred to the conference by a police 19
officer--the referring police officer; 20
(b) if the offence is referred to the conference by a court--the 21
referring court. 22
`(3) For subsection (1)(h), if the child is an Aboriginal or Torres Strait 23
Islander person from an Aboriginal or Torres Strait Islander community, the 24
convenor must consider inviting to attend the conference either or both of 25
the following-- 26
(a) a respected member of the community; 27
(b) if there is a community justice group in the community--a 28
representative of the community justice group. 29
`30D Convening of a conference 30
`(1) The convenor of a conference is responsible for convening the 31
conference. 32
s7 41 s7
Juvenile Justice Amendment Bill 2002
`(2) If the child is not legally represented, the convenor must ensure the 1
child is informed of the right to obtain legal advice and has reasonable 2
information about how to obtain it and a reasonable opportunity to do so. 3
`(3) All decisions made by the convenor necessary for convening the 4
conference must be respected by the participants. 5
`(4) The conference must be directed towards making an agreement 6
about the offence (the "youth justice conference agreement" or 7
"conference agreement"). 8
`(5) When the conference meets, the convenor may bring the conference 9
to an end at any time if-- 10
(a) the child fails to attend the conference as directed by the 11
referring police officer or referring court; or 12
(b) the child denies committing the offence at the conference; or 13
(c) the convenor comes to the conclusion-- 14
(i) the offence is unsuitable for a conference; or 15
(ii) an agreement is unlikely to be made within a time the 16
convenor considers appropriate. 17
`(6) Also, the conference ends if an agreement is made. 18
`(7) A coordinator must give the referring police officer or court a report 19
about the outcome of the conference within 14 days of the conference's 20
end. 21
`(8) The report must be in the approved form. 22
`30E Coordinator may persist in efforts to achieve a conference 23
agreement 24
`A coordinator may, even though a conference has ended under 25
section 30D(5), arrange for the conference to be reconvened or another 26
conference convened if the coordinator considers it is worthwhile 27
persisting with efforts to make a conference agreement. 28
`30F Form and content of conference agreement 29
`(1) A conference agreement about an offence must be in the approved 30
form. 31
`(2) The agreement must be agreed to and signed by-- 32
s7 42 s7
Juvenile Justice Amendment Bill 2002
(a) the convenor; and 1
(b) the child; and 2
(c) a representative of-- 3
(i) if the offence is referred to the conference by a police 4
officer--the commissioner of the police service; or 5
(ii) if the offence is referred to the conference by a court--the 6
prosecution in the proceeding for the offence; and 7
(d) if a victim of the offence participates in the conference--the 8
victim. 9
`(3) The agreement must contain provisions under which-- 10
(a) the child admits committing the offence; and 11
(b) the child's compliance with the agreement is monitored. 12
`(4) Without limiting what an agreement may contain, the agreement 13
may contain a provision about the following-- 14
(a) the making of restitution or payment of compensation; 15
(b) voluntary work to be performed by the child; 16
(c) an apology made to a victim; 17
(d) the child's future conduct while a child; 18
(e) a program mentioned in subsection (6); 19
(f) another matter the convenor considers appropriate. 20
`(5) A condition of the agreement may contain a requirement that the 21
child must comply with outside the State. 22
23
Example--
24
An agreement may require the child to perform voluntary work for a charity that is
25
located outside the State.
`(6) An agreement signed by the chief executive may provide for the 26
child to be subject to a program similar to one a child is subject to under a 27
community service order or a probation order. 28
`(7) The agreement may not provide for the child to be treated more 29
severely for the offence than if the child were sentenced by a court or in a 30
way contravening the sentencing principles in section 109.19 31
19 Section 109 (Sentencing principles)
s7 43 s7
Juvenile Justice Amendment Bill 2002
`(8) A copy of the agreement must be given immediately to each person 1
who signs the agreement under subsection (2). 2
`(9) The agreement is not part of the child's criminal history. 3
`(10) In a proceeding, a document purporting to be an agreement or copy 4
of an agreement is evidence that the offence was dealt with by a 5
conference. 6
`(11) A document mentioned in subsection (10) is not evidence that the 7
child committed the offence. 8
`30G Intervention of chief executive to correct conference agreement 9
`(1) This section applies if the chief executive considers that a 10
conference agreement is or becomes inappropriate. 11
12
Example--
13
An agreement provides for a child to repair a school fence the child damaged. It
14
becomes inappropriate because the person controlling the fence won't let the child
15
repair it.
`(2) The chief executive may amend the agreement. 16
`(3) In deciding how to amend the agreement, the chief executive must-- 17
(a) take reasonable steps to find out, and give effect to, the views of 18
those who participated in the conference; and 19
(b) act in the interests of justice. 20
`(4) In this section-- 21
"inappropriate" includes unworkable. 22
`30H If the chief executive amends the conference agreement 23
`(1) This section applies if the chief executive amends a conference 24
agreement under section 30G(2). 25
`(2) The agreement as amended is taken to be the conference agreement 26
made by the child at the conference. 27
`30I Admissibility of a conference agreement and related evidence 28
`(1) This section applies for any conference. 29
s7 44 s7
Juvenile Justice Amendment Bill 2002
`(2) In any proceeding, evidence is inadmissible of anything done or 1
said, or an admission made, about an offence in the convening of the 2
conference or in the performance by a coordinator or convenor of the 3
coordinator or convenor's functions for the conference. 4
`(3) To remove any doubt, it is declared subsection (2) applies to a 5
conference agreement made at the conference. 6
`(4) However, evidence that would otherwise be excluded from 7
admission in a proceeding because of subsection (2) or (3) is admissible in 8
a proceeding if-- 9
(a) all the parties to the conference agree to the admission of the 10
evidence; or 11
(b) the proceeding is under part 5, division 1A;20 or 12
(c) the evidence is admissible under this or another Act; or 13
(d) the evidence is relevant to a proceeding about an offence or a 14
disciplinary matter happening during the convening of the 15
conference or in the performance of a coordinator or convenor of 16
their functions for the conference. 17
`(5) Also, if a court is considering referring a child to a conference for an 18
offence, subsection (2) or (3) does not prevent the court from considering 19
the reasons previously given by a coordinator under section 21(3) for 20
referring the offence back to a police officer. 21
`(6) Also, if a court is considering how to sentence a child for an offence, 22
subsection (2) or (3) does not prevent the court from considering any 23
conference agreement previously entered by the child for the offence and 24
the child's performance of the child's obligations under the conference 25
agreement. 26
`30J If chief executive signs agreement for program 27
`(1) This section applies if the chief executive signs a conference 28
agreement providing for a program similar to one a child is subject to under 29
a community service order or a probation order. 30
`(2) The chief executive may arrange the program and monitor the 31
child's participation. 32
20 Part 5 (Sentencing), division 1A (Court referred conferences before sentencing)
s8 45 s9
Juvenile Justice Amendment Bill 2002
`(3) If the child fails to comply with the agreement's requirements about 1
the program, the chief executive may take no action or notify-- 2
(a) for an offence referred to the conference by a police officer--the 3
police officer; or 4
(b) for an offence referred to the conference by a court--the court's 5
proper officer.'. 6
8 Replacement of pt 2 hdg (Start of proceedings)
Clause 7
Part 2, heading-- 8
omit, insert-- 9
`PART 2--PROCEEDINGS GENERALLY STARTED BY 10
COMPLAINT AND SUMMONS'. 11
9 Replacement of pt 2, divs 13
Clause 12
Part 2, divisions 1 to 3-- 13
omit, insert-- 14
`31 Preferred way of starting proceedings 15
`(1) A proceeding against a child for an offence, other than a serious 16
offence, must be started by way of complaint and summons. 17
`(2) This section does not apply to a police officer. 18
19
Note--
20
The requirement for a police officer to start a proceeding by complaint and summons or
21
notice to appear is dealt with by section 11.21
`(3) This section does not affect-- 22
(a) the charging of a child under the Justices Act 1886, 23
section 42(1A); or 24
(b) the arrest of a child for escaping from lawful custody or who is 25
unlawfully at large; or 26
(c) a proceeding against a child on an indictment.'. 27
21 Section 11 (Preferred way for police officer to start proceedings)
s 10 46 s 12
Juvenile Justice Amendment Bill 2002
10 Omission of pt 2, div 4, hdg (Complaint and summons)
Clause 1
Part 2, division 4, heading-- 2
omit. 3
11 Amendment of s 32 (Service of complaint and summons if
Clause 4
offender a child) 5
Section 32(4)-- 6
omit, insert-- 7
`(4) Subject to the Police Powers and Responsibilities Act 2000, 8
sections 214(3) and 219,22 this section does not apply to a notice to 9
appear.'. 10
12 Insertion of new s 37A
Clause 11
After section 37-- 12
insert-- 13
`37A Decisions about bail and related matters 14
`(1) This section applies to a court or police officer in making any of the 15
following decisions relating to a child in custody in connection with a 16
charge of an offence-- 17
(a) whether to release the child or keep the child in custody; 18
(b) if releasing the child, whether to release the child without bail or 19
grant bail to the child; 20
(c) if the child is being, or has been, granted bail, the conditions that 21
should apply to the grant of bail. 22
`(2) The court or officer must consider the need to ensure that, if the 23
child is released-- 24
(a) the child will surrender into custody in accordance with the bail 25
or the conditions of the release, whichever is relevant; and 26
(b) while on release, the child will not-- 27
(i) commit an offence; or 28
22 Police Powers and Responsibilities Act 2000, sections 214 (Notice to appear may be
issued for offence) and 219 (Notice to appear equivalent to complaint and summons)
s 12 47 s 12
Juvenile Justice Amendment Bill 2002
(ii) endanger anyone's safety or welfare; or 1
(iii) interfere with a witness or otherwise obstruct the course of 2
justice, whether for the child or anyone else. 3
`(3) The court or officer must have regard to any of the following matters 4
of which the court or officer is aware-- 5
(a) the nature and seriousness of the offence; 6
(b) the child's character, criminal history and other relevant history, 7
associations, home environment, employment and background; 8
(c) the history of any previous grants of bail to the child; 9
(d) the strength of the evidence against the child relating to the 10
offence; 11
(e) any other relevant matter. 12
`(4) In deciding whether to release the child or keep the child in custody, 13
the court or officer must decide to release the child unless the court or 14
officer is required by this Act or another Act to keep the child in custody. 15
`(5) The court or officer must not release the child if the court or officer 16
is satisfied there is an unacceptable risk relating to a matter mentioned in 17
subsection (2). 18
`(6) If the child is before a court and the court has information indicating 19
there may be an unacceptable risk relating to a matter mentioned in 20
subsection (2), but does not have enough information to properly consider 21
the matter, the court must remand the child in custody while the 22
information is obtained. 23
`(7) The court or officer must not release the child if the court or officer 24
is satisfied-- 25
(a) the child's safety would be endangered if the child were released; 26
and 27
(b) in the circumstances, there is no reasonably practicable way of 28
ensuring the child's safety other than by keeping the child in 29
custody. 30
31
Examples for paragraph (a)--
32
1. The child is heavily intoxicated.
33
2. Someone has threatened to harm the child as soon as the child is released.
`(8) In this section-- 34
s 13 48 s 14
Juvenile Justice Amendment Bill 2002
"keep the child in custody" includes, for a court, remand the child in 1
custody.'. 2
13 Amendment of s 38 (Arrested child must be brought promptly
Clause 3
before the Childrens Court) 4
Section 38-- 5
insert-- 6
`(2) Subsection (1) does not apply if-- 7
(a) the child is being dealt with in a way mentioned in the Police 8
Powers and Responsibilities Act 2000, section 224(2)(b) to (e) or 9
(3)(b);23 or 10
(b) the child is released under this part or the Police Powers and 11
Responsibilities Act 2000, chapter 6, part 1, division 4.24'. 12
14 Replacement of s 39 (Child must ordinarily be released from
Clause 13
custody on charge) 14
Section 39-- 15
omit, insert-- 16
`39 Dealing with a child if court can not be promptly constituted 17
`(1) This section applies if-- 18
(a) a child is arrested in connection with a charge of an offence and 19
delivered into the custody of a police officer at a place that is a 20
police station or watch-house; and 21
(b) the child is not being detained under the Police Powers and 22
Responsibilities Act 2000, chapter 7, part 2;25 and 23
23 Police Powers and Responsibilities Act 2000, section 224 (Duty of police officer
after arrest etc. of person)
24 Police Powers and Responsibilities Act 2000, chapter 6 (Arrest and custody powers),
part 1 (Powers relating to arrest and taking people into custody), division 4
(Discontinuing arrest)
25 Police Powers and Responsibilities Act 2000, chapter 7 (Powers and responsibilities
relating to investigations and questioning for indictable offences), part 2
(Investigations and questioning)
s 15 49 s 15
Juvenile Justice Amendment Bill 2002
(c) it is not practicable to promptly constitute the Childrens Court to 1
deal with the child. 2
`(2) The police officer for the time being in charge of the place must-- 3
(a) give the child a release notice or a notice to appear and release 4
the child from custody under section 40; or 5
(b) grant bail to the child and release the child from custody under 6
section 40A; or 7
(c) keep the child in custody. 8
`(3) However, if the child is released under the Police Powers and 9
Responsibilities Act 2000, section 210 or 21126-- 10
(a) subsection (2) does not apply; and 11
(b) any proceeding against the child for the offence is discontinued 12
even though the child may have been charged with having 13
committed the offence. 14
`(4) If the officer decides to keep the child in custody, the officer must 15
record the reasons for the decision in a record of the persons kept in 16
custody at the place. 17
`(5) The keeping of the child in custody is not unlawful merely because 18
of a failure to comply with subsection (4). 19
`(6) This section applies subject to section 37A.'. 20
15 Amendment of s 40 (Child must be given release notice)
Clause 21
(1) Section 40, heading-- 22
omit, insert-- 23
`40 Release of child without bail'. 24
(2) Section 40(2)-- 25
renumber as section 40(4). 26
(3) Section 40(1)-- 27
omit, insert-- 28
26 Police Powers and Responsibilities Act 2000, section 210 (Additional case when
arrest for being drunk in a public place may be discontinued) or 211 (Additional
case when arrest for minor drugs offence may be discontinued)
s 16 50 s 16
Juvenile Justice Amendment Bill 2002
`(1) This section applies if, under section 39, a police officer decides to 1
release a child without bail. 2
`(2) The officer may release the child into the custody of the child's 3
parents or release the child to go at large. 4
`(3) Before releasing the child, if the officer does not issue and give to 5
the child a notice to appear, the officer must give the child a notice in the 6
approved form (a "release notice").'. 7
16 Insertion of new ss 40A and 40B
Clause 8
After section 40-- 9
insert-- 10
`40A Conditions of release on bail 11
`(1) This section applies if a court or police officer decides to grant bail 12
to a child who is being held in custody in connection with a charge of an 13
offence. 14
`(2) The court or officer must release the child on the child's own 15
undertaking, without sureties and without deposit of money or other 16
security, unless the court or officer is satisfied it would be inappropriate in 17
all the circumstances. 18
`(3) If the court or officer does not release the child under subsection (2), 19
the court or officer must consider the conditions for the release of the child 20
on bail in the following sequence-- 21
(a) the release of the child on the child's own undertaking with a 22
deposit of money or other security of stated value; 23
(b) the release of the child on the child's own undertaking with a 24
surety or sureties of stated value; 25
(c) the release of the child on the child's own undertaking with a 26
deposit of money or other security of stated value and a surety or 27
sureties of stated value. 28
`(4) The court or officer may impose other conditions on the grant of bail 29
including, for example, conditions necessary for ensuring the matters 30
mentioned in section 37A(2) are appropriately addressed. 31
`(5) Any conditions imposed on the grant of bail-- 32
(a) must not be more onerous than the court or officer considers 33
necessary in all the circumstances; and 34
s 17 51 s 18
Juvenile Justice Amendment Bill 2002
(b) must be supported by the court's or officer's written reasons. 1
`(6) Subsection (5)(b) does not apply to a condition about-- 2
(a) attending court or surrendering into custody; or 3
(b) reporting to police or the chief executive; or 4
(c) where, or with whom, the child lives. 5
`40B Granting of bail by audiovisual link or audio link 6
`(1) A court may allow anything that must or may be done in relation to 7
the granting of bail to a child to be done over an audiovisual link or audio 8
link if the child agrees to the use of the link and the court is satisfied the 9
child has had an opportunity to obtain independent legal advice. 10
`(2) The provisions of the Evidence Act 1977 relating to the use of an 11
audiovisual link or audio link in criminal proceedings apply for, and are not 12
limited by, subsection (1).'. 13
17 Amendment of s 42 (Court may in all cases release child without
Clause 14
bail) 15
Section 42(1), `If, in a particular case, a court may grant bail to and 16
release a child from custody under the Bail Act 1980'-- 17
omit, insert-- 18
`If, under this Act or the Bail Act 1980, a court may grant bail to a child 19
and release the child from custody'. 20
18 Amendment of s 43 (Custody of child if not released by court)
Clause 21
(1) After section 43(1)-- 22
insert-- 23
`(1A) Subsection (1) does not apply to a person who is an adult being 24
dealt with for an offence committed by the person as a child if, under 25
section 104B, 104C or 104D,27 the person must be held in a corrective 26
services facility.'. 27
27 Section 104B (Offender remanded in custody for child offence), 104C (Offender
remanded in custody for adult offence and child offence) and 104D (Dealing with
offender held in corrective services facility)
s 19 52 s 21
Juvenile Justice Amendment Bill 2002
(2) Section 43(2), after `if the person is a child'-- 1
insert-- 2
`and subsection (1) applies'. 3
19 Amendment of s 49 (Childrens Court judge)
Clause 4
Section 49(a), `section 72'-- 5
omit, insert-- 6
`division 4C28'. 7
20 Amendment of s 50 (District Court jurisdiction in aid)
Clause 8
Section 50(1)-- 9
omit, insert-- 10
`(1) For the purpose of the jurisdiction in relation to persons and matters 11
assigned to a Childrens Court judge under this Act, a Childrens Court judge 12
has the same powers and jurisdiction as the District Court has in its 13
criminal jurisdiction in relation to persons and matters assigned to the 14
District Court.'. 15
21 Amendment of s 52 (Magistrates Court jurisdiction in aid)
Clause 16
Section 52(1)-- 17
omit, insert-- 18
`(1) For the purpose of the jurisdiction in relation to persons and matters 19
assigned to a Childrens Court magistrate under this Act, a Childrens Court 20
magistrate has the same powers and jurisdiction as a Magistrates Court has 21
under the Justices Act 1886 in relation to persons and matters assigned to 22
the Magistrates Court.'. 23
28 Division 4C (Jurisdiction of Childrens Court judge)
s 22 53 s 25
Juvenile Justice Amendment Bill 2002
22 Amendment of s 54 (Limitation on justices)
Clause 1
Section 54(2), `immediate'-- 2
omit, insert-- 3
`conditional'. 4
23 Amendment of s 56 (Presence of parent required generally)
Clause 5
Section 56(1)(b), from `under'-- 6
omit, insert-- 7
`under-- 8
(i) section 32; or 9
(ii) the Police Powers and Responsibilities Act 2000, 10
section 223;29'. 11
24 Amendment of s 60 (Chief executive's right of audience generally)
Clause 12
(1) Section 60(4)-- 13
renumber as section 60(5). 14
(2) Section 60-- 15
insert-- 16
`(4) However, the chief executive must not be heard on an issue under 17
section 191C.30'. 18
25 Omission of s 62 (Publication prohibited)
Clause 19
Section 62-- 20
omit. 21
29 Police Powers and Responsibilities Act 2000, section 223 (Parent and chief
executive to be advised of arrest or service of notice to appear)
30 Section 191C (Court may allow publication of identifying information)
s 26 54 s 26
Juvenile Justice Amendment Bill 2002
26 Replacement of pt 4, divs 24
Clause 1
Part 4, divisions 2 to 4-- 2
omit, insert-- 3
`Division 2--Decision on how to proceed at start of proceedings for an 4
indictable offence before a Childrens Court magistrate 5
`Subdivision 1--Procedure for serious offences 6
`68 Committal proceeding if the offence is a serious offence 7
`(1) This section applies to a proceeding to be conducted before a 8
Childrens Court magistrate (the "court") in which a child is charged with a 9
serious offence. 10
`(2) A hearing of the charge before the court must be conducted as a 11
committal proceeding. 12
`(3) If the charge is changed to a charge of an offence other than a 13
serious offence during the committal proceeding, subsection (1) is subject 14
to divisions 3 and 4. 15
`(4) If, in the proceeding, the child is also charged with an offence other 16
than a serious offence, the court may treat the charge as a charge of a 17
serious offence for the purpose of this section. 18
`Subdivision 2--Procedure for indictable offences other than serious 19
offences if child is legally represented 20
`69 Application of sdiv 2 21
`This subdivision applies to a proceeding to be conducted before a 22
Childrens Court magistrate (the "court") in which a child is-- 23
(a) charged with an indictable offence other than a serious offence; 24
and 25
(b) represented by a legal practitioner. 26
s 26 55 s 26
Juvenile Justice Amendment Bill 2002
`69A Explanation and election at start 1
`(1) Subject to section 64,31 before evidence is adduced at the 2
proceeding, the court must explain to the child and any parent of the child 3
who is present the child's right of election mentioned in subsection (2). 4
`(2) The child may elect-- 5
(a) to have the proceeding conducted as a committal proceeding; or 6
(b) to have the proceeding conducted as a hearing and deciding of 7
the charge summarily by the court. 8
`(3) The court must also explain to the child and any parent of the child 9
who is present that-- 10
(a) after all the evidence to be offered in the proceeding on the part 11
of the prosecution has been adduced; and 12
(b) the court is of the opinion that the evidence is sufficient to put the 13
child on trial for an indictable offence other than a serious 14
offence; 15
the child may elect-- 16
(c) to have the proceeding conducted as a committal proceeding; or 17
(d) to have the committal proceeding discontinued and any further 18
proceeding conducted as a hearing and deciding of the charge 19
summarily by the court. 20
`(4) The court must then ask the child whether the child consents to 21
having the charge heard and decided summarily by the court. 22
`(5) If the child consents, the court must proceed to hear and decide the 23
charge summarily. 24
`(6) If the child does not give the consent mentioned in subsection (4), 25
the proceeding must be conducted as a committal proceeding, subject to 26
divisions 3 and 4. 27
`69B Procedure on summary hearing 28
`(1) On proceeding to hear and decide the charge summarily under 29
section 69A(5), the court must-- 30
31 Section 64 (Court to refrain from inappropriate summary hearing of indictable
offence)
s 26 56 s 26
Juvenile Justice Amendment Bill 2002
(a) reduce the charge to writing; and 1
(b) ask the child whether the child is guilty or not guilty. 2
`(2) If the child pleads guilty the court must proceed in the same way as 3
is provided in the Justices Act 1886, section 145(2). 4
`(3) If the child pleads not guilty, the court may proceed in the same way 5
as is provided in the Justices Act 1886, section 146. 6
`Subdivision 3--Procedure for indictable offences other than serious 7
offences if child is not legally represented 8
`69C Application of sdiv 3 9
`This subdivision applies to a proceeding to be conducted before a 10
Childrens Court magistrate (the "court") in which a child is-- 11
(a) charged with an indictable offence other than a serious offence; 12
and 13
(b) not represented by a legal practitioner. 14
`69D Start as committal proceeding and explanation 15
`(1) The proceeding must be conducted as a committal proceeding, 16
subject to divisions 3 and 4. 17
`(2) Before evidence is adduced at the proceeding, the court must 18
explain to the child and any parent of the child who is present that-- 19
(a) after all the evidence to be offered in the proceeding on the part 20
of the prosecution has been adduced; and 21
(b) the court is of the opinion that the evidence is sufficient to put the 22
child on trial for an indictable offence other than a serious 23
offence; 24
the child may elect-- 25
(c) to have the proceeding conducted as a committal proceeding; or 26
(d) to have the committal proceeding discontinued and any further 27
proceeding conducted as a hearing and deciding of the charge 28
summarily by the court. 29
s 26 57 s 26
Juvenile Justice Amendment Bill 2002
`Division 3--Election for summary hearing for indictable offences other 1
than serious offences after the prosecution evidence has been adduced 2
`70 Application of div 3 3
`(1) This division applies if-- 4
(a) a hearing before a Childrens Court magistrate (the "court") of a 5
charge against a child of an indictable offence is being conducted 6
as a committal proceeding; and 7
(b) all the evidence to be offered in the proceeding on the part of the 8
prosecution has been adduced; and 9
(c) the court is of the opinion that the evidence is sufficient to put the 10
child on trial for an indictable offence other than a serious 11
offence. 12
`(2) This division applies whether or not the child is legally represented. 13
`70A Explanation of election at end of prosecution case 14
`(1) Subject to subsection (6) and section 64,32 the court must explain to 15
the child, and any parent present in the court, the child's right of election 16
mentioned in subsection (2). 17
`(2) The child may elect-- 18
(a) to have the proceeding continue as a committal proceeding; or 19
(b) to have the committal proceeding discontinued and any further 20
proceeding conducted as a hearing and deciding of the charge 21
summarily by the court. 22
`(3) The court must then ask the child whether the child consents to 23
having the charge heard and decided summarily by the court. 24
`(4) If the child consents, the court must discontinue the committal 25
proceeding and proceed to hear and decide the charge summarily. 26
`(5) If the child does not give the consent mentioned in subsection (4), 27
the proceeding must continue as a committal proceeding. 28
32 Section 64 (Court to refrain from inappropriate summary hearing of indictable
offence)
s 26 58 s 26
Juvenile Justice Amendment Bill 2002
`(6) The court may, but need not, follow the process under 1
subsections (1) to (5) if the child has already declined to give consent under 2
section 69A for the charge to be heard and decided summarily. 3
`70B Procedure on summary hearing 4
`(1) On proceeding to hear and decide the charge summarily, the court 5
must-- 6
(a) reduce the charge to writing; and 7
(b) ask the child whether the child is guilty or not guilty. 8
`(2) If the child pleads guilty the court must proceed in the same way as 9
is provided in the Justices Act 1886, section 145(2). 10
`(3) If the child pleads not guilty, the court may proceed in the same way 11
as is provided in the Justices Act 1886, section 146, subject to section 67.33 12
`Division 4--Procedure if a child enters a plea of guilty at a committal 13
proceeding 14
`71 Application of div 4 15
`This division applies if a child enters a plea of guilty at a committal 16
proceeding when addressed under the Justices Act 1886, section 104(2). 17
`71A If the offence is a supreme court offence 18
`If the offence to which the child pleads guilty is a supreme court 19
offence, the court must order the child to be committed to be sentenced 20
before the Supreme Court. 21
`71B If the offence is a serious offence other than a supreme court 22
offence 23
`If the offence to which the child pleads guilty is a serious offence other 24
than a supreme court offence, the court must order the child to be 25
committed to be sentenced before a court of competent jurisdiction. 26
33 Section 67 (Use of adduced evidence after change of procedure)
s 26 59 s 26
Juvenile Justice Amendment Bill 2002
`71C If the offence is an indictable offence other than a serious 1
offence 2
`(1) Subject to section 64, if the offence to which the child pleads guilty 3
is an indictable offence other than a serious offence, the court must explain 4
to the child, and any parent of the child who is present, the child's right of 5
election mentioned in subsection (2). 6
`(2) The child may elect-- 7
(a) to be committed to be sentenced before a court of competent 8
jurisdiction; or 9
(b) to be sentenced by the Childrens Court magistrate. 10
`(3) The court must then ask the child whether the child consents to 11
being sentenced by the Childrens Court magistrate. 12
`(4) If the child consents, the Childrens Court magistrate must proceed in 13
the same way as is provided under the Justices Act 1886, section 145(2). 14
`(5) If the child does not give the consent mentioned in subsection (4), 15
the court must order the child to be committed to be sentenced before a 16
court of competent jurisdiction. 17
`Division 4A--Procedure after all evidence has been adduced in a 18
committal proceeding 19
`72 Application of div 4A 20
`This division applies if-- 21
(a) a proceeding against a child for an indictable offence before a 22
Childrens Court magistrate has been entirely conducted as a 23
committal proceeding; and 24
(b) the child has not entered a plea of guilty when addressed under 25
the Justices Act 1886, section 104(2); and 26
(c) all the evidence to be offered at the proceeding has been adduced. 27
`72A If the offence is a supreme court offence 28
`(1) This section applies if, on consideration of all the evidence adduced 29
at the committal proceeding, the court is of the opinion that the evidence is 30
sufficient to put the child on trial for a supreme court offence. 31
s 26 60 s 26
Juvenile Justice Amendment Bill 2002
`(2) The court must order the child to be committed to be tried before the 1
Supreme Court. 2
`72B If the offence is not a supreme court offence 3
`(1) This section applies if, on consideration of all the evidence adduced 4
at the committal proceeding, the court is of the opinion that the evidence is 5
sufficient to put the child on trial for an indictable offence that is not a 6
supreme court offence. 7
`(2) The magistrate must order the child to be committed to be tried 8
before a court of competent jurisdiction. 9
`(3) If the court to which the child is ordered to be committed is a 10
Childrens Court judge, the magistrate must comply with division 4B. 11
`Division 4B--Election procedure if child committed for trial before a 12
Childrens Court judge 13
`73 Application of div 4B 14
`This division applies if a Childrens Court magistrate decides to commit 15
a child to be tried before a Childrens Court judge under division 4A. 16
`73A Election for trial with or without jury 17
`(1) If the child is represented by a legal practitioner, then, before 18
ordering the child to be committed to be tried under the Justices Act 1886, 19
section 108, the court must explain to the child and any parent of the child 20
who is present the child's right of election mentioned in subsection (2). 21
`(2) The child may elect-- 22
(a) to be committed to be tried before the Childrens Court judge 23
sitting without a jury; or 24
(b) to be committed to be tried before the Childrens Court judge 25
sitting with a jury. 26
`(3) After the explanation, the court must then ask the child whether the 27
child consents to being tried before the Childrens Court judge sitting 28
without a jury. 29
s 26 61 s 26
Juvenile Justice Amendment Bill 2002
`(4) If the child consents, the court must order the child to be committed 1
to be tried by the Childrens Court judge without a jury. 2
`(5) If the child-- 3
(a) is not represented by a legal practitioner; or 4
(b) if represented by a legal practitioner--does not give the consent 5
mentioned in subsection (4); 6
the court must order the child to be committed to be tried before the 7
Childrens Court judge sitting with a jury. 8
`Division 4C--Jurisdiction of Childrens Court judge 9
`Subdivision 1--Jurisdiction generally 10
`74 Childrens Court judge to have criminal jurisdiction over child 11
charged with indictable offence 12
`(1) A Childrens Court judge has jurisdiction to inquire of and hear and 13
decide all indictable offences, wherever committed, charged against a child 14
other than supreme court offences. 15
`(2) For subsection (1), it does not matter where an offence is committed 16
or whether or not a child has been committed to be tried or sentenced 17
before the Childrens Court judge on a charge. 18
`74A Sentencing for summary offence 19
`Without limiting section 74, a Childrens Court judge may sentence a 20
child on any charge for a summary offence on which the child consents to 21
being sentenced by the judge under the Criminal Code, section 651. 22
`74B General laws relating to indictable offence apply 23
`Subject to this division, the provisions of the Criminal Code or any 24
other Act relating to the hearing and deciding on indictment of an 25
indictable offence apply to a proceeding for an indictable offence before a 26
Childrens Court judge under this division. 27
s 26 62 s 26
Juvenile Justice Amendment Bill 2002
`Subdivision 2--Whether a jury is required 1
`75 When a jury is not required 2
`(1) Subject to section 75C, a Childrens Court judge must sit without a 3
jury to try a child for an indictable offence if-- 4
(a) for a committal charge-- 5
(i) the child elected under section 73A(2)(a) to be committed 6
for trial before the judge sitting without a jury and has not 7
withdrawn the election under section 75A(3); or 8
(ii) the child elected under section 73A(2)(b) to be committed 9
for trial before the judge sitting with a jury, but has elected 10
under section 75A(4) to be tried before the judge sitting 11
without a jury; or 12
(ii) the child was committed to be tried before a judge sitting 13
with a jury under section 73A(5), but has elected under 14
section 75A(5) to be tried before the judge sitting without a 15
jury; or 16
(b) for a charge other than a committal charge the child elects under 17
section 75B to be tried by the judge sitting without a jury. 18
`(2) In this section-- 19
"committal charge" means a charge on which a child is committed for 20
trial or sentence before a Childrens Court judge, and includes a charge 21
arising out of the same, or the same set of, circumstances. 22
`75A Committal charge--change to jury requirement 23
`(1) This section applies to a child who has been committed to be tried 24
before a Childrens Court judge. 25
`(2) If the child was committed under section 73A(2)(a), but is not 26
legally represented before the judge, the child must be tried by the judge 27
sitting with a jury. 28
`(3) Also, if the child was committed under section 73A(2)(a), the child 29
may withdraw the child's election under the section to be tried before a 30
Childrens Court judge sitting without a jury and elect instead to be tried 31
before the judge sitting with a jury. 32
s 26 63 s 26
Juvenile Justice Amendment Bill 2002
`(4) If the child was committed under section 73A(2)(b) to be tried 1
before the judge sitting with a jury and the child is legally represented, the 2
child may withdraw the child's election under the section and elect instead 3
to be tried before the judge sitting without a jury. 4
`(5) If the child was committed to be tried before the judge sitting with a 5
jury under section 73A(5) and the child is legally represented before the 6
judge, the child may elect to be tried before the judge sitting without a jury. 7
`(6) An election or withdrawal of election must happen before the child 8
enters a plea to the charge. 9
`75B Charge other than committal charge--election by 10
legally represented child for trial with or without jury 11
`(1) This section applies to a charge against a child of an indictable 12
offence before a Childrens Court judge that is not a committal charge 13
mentioned in section 75. 14
`(2) If the child is represented by a legal practitioner, the child may 15
elect-- 16
(a) to be tried before the judge sitting without a jury; or 17
(b) to be tried before the judge sitting with a jury. 18
`(3) An election must happen before the child enters a plea to the charge. 19
`75C When a trial by jury is necessary 20
`If a child who is before a Childrens Court judge-- 21
(a) is not represented by a legal practitioner; or 22
(b) if represented by a legal practitioner, has not elected, or 23
withdraws an election, to be tried without a jury under another 24
provision of this division; or 25
(c) if the judge decides that in the particular circumstances it is more 26
appropriate for the child to be tried by the judge sitting with a 27
jury; 28
the child must be tried before the judge sitting with a jury. 29
s 27 64 s 28
Juvenile Justice Amendment Bill 2002
`Subdivision 3--Change of guilty plea 1
`76 Child may change plea of guilty 2
`(1) A child who appears before a Childrens Court judge after being 3
committed to be sentenced on an indictable offence is in all cases entitled 4
to enter a plea of not guilty when called on to enter a plea under the 5
Criminal Code, section 600. 6
`(2) To the extent that this section is inconsistent with the Criminal Code, 7
section 600, this section prevails. 8
`(3) Evidence that the child previously entered a plea of guilty at the 9
committal proceeding is not admissible in the trial following the change of 10
plea.'. 11
27 Replacement of pt 4, div 5, hdg (Rules applying if child and
Clause 12
another person are charged) 13
Part 4, division 5, heading-- 14
omit, insert-- 15
`Division 5--Provision for joint trials 16
`Subdivision 1--Magistrate's power'. 17
28 Replacement of s 86 (Prosecution may request a matter proceed
Clause 18
as a committal to the Supreme or the District Court in order to 19
ensure joint trial) 20
Section 86-- 21
omit, insert-- 22
`86 Committal or committal proceeding for joint trial with another 23
person 24
`(1) Before a Childrens Court magistrate starts to hear and decide 25
summarily a charge against a child for an indictable offence other than a 26
serious offence, the prosecution may apply to the court for the proceeding 27
to be conducted or continued as a committal proceeding for the purpose of 28
having the child tried on indictment with another person. 29
s 29 65 s 29
Juvenile Justice Amendment Bill 2002
`(2) Before a Childrens Court magistrate commits a child for trial before 1
a Childrens Court judge on a charge of a serious offence, the prosecution 2
may apply to the court for the child to be instead committed for trial to 3
another court of competent jurisdiction for the purpose of having the child 4
tried on indictment with another person. 5
`(3) On application under subsection (1) or (2), if the judge is satisfied 6
that-- 7
(a) the child may lawfully be charged in an indictment in which the 8
other person will also be charged; and 9
(b) if the child were so charged it is unlikely an application would be 10
granted resulting in the child's trial being had separately from the 11
other person; and 12
(c) in all the circumstances, including the relevant principles of this 13
Act, the application should be granted; 14
the judge may grant the application and deal with the proceedings as 15
requested.'. 16
29 Insertion of new pt 4, div 5, sdiv 2
Clause 17
Part 4, division 5-- 18
insert-- 19
`Subdivision 2--Removal of committed proceeding to another 20
jurisdiction for joint trial 21
`86A Definitions for sdiv 2 22
`In this subdivision-- 23
"committed charge" means the offence committed to be tried in the 24
committed proceeding. 25
"committed proceeding" mean a proceeding on a charge against a child of 26
an offence committed to be tried before a Childrens Court judge. 27
`86B Removal to another jurisdiction for joint trial with another 28
person 29
`(1) The prosecution may apply to a Childrens Court judge for the 30
removal of a committed proceeding to a court of competent jurisdiction 31
s 29 66 s 29
Juvenile Justice Amendment Bill 2002
other than a Childrens Court judge for the purpose of having the child tried 1
on indictment with another person. 2
`(2) If the judge is satisfied that-- 3
(a) the child may lawfully be charged in an indictment in which the 4
other person will also be charged; and 5
(b) if the child were so charged it is unlikely an application would be 6
granted resulting in the child's trial being had separately from the 7
other person; and 8
(c) in all the circumstances, including the relevant principles of this 9
Act, the proceedings should be removed as requested; 10
the judge may grant the request and remove the proceeding as requested. 11
`(3) In removing the proceeding, the judge may exercise power as if the 12
proceeding had been brought before the wrong court. 13
`86C Formal removal to another jurisdiction for joint trial involving 14
another charge 15
`(1) The prosecution may apply to a Childrens Court judge for the 16
removal of a committed proceeding to a court of competent jurisdiction 17
other than a Childrens Court judge for the purpose of having the child tried 18
on an indictment charging the child with the committed charge and another 19
charge on which the child will be dealt with as an adult. 20
`(2) The judge may grant the request and remove the proceeding as 21
requested. 22
`(3) In removing the proceeding, the judge may exercise power as if the 23
proceeding had been brought before the wrong court. 24
`(4) This section does not limit the jurisdiction of any court of competent 25
jurisdiction to try or sentence the child on the charge. 26
`86D Concurrent jurisdiction available 27
`Nothing in this division excludes a Childrens Court judge from 28
presiding over the trial of a child in the judge's concurrent jurisdiction to 29
which a proceeding has been removed by the judge under this subdivision. 30
s 30 67 s 30
Juvenile Justice Amendment Bill 2002
`86E Removal ends possibility of trial without jury 1
`Provisions of this division authorising a trial before a judge sitting 2
without a jury do not apply to a proceeding removed to another court under 3
this subdivision.'. 4
30 Replacement of s 87 (Appeal rights generally)
Clause 5
Section 87-- 6
omit, insert-- 7
`Subdivision 1--General 8
`87 Appeal rights generally 9
`Other than as expressly provided by this part, this part does not affect 10
the right of any person to appeal, or apply for leave to appeal, under the 11
Criminal Code or otherwise against the order of a court or judicial officer. 12
`87A Community based orders stayed during appeal 13
`(1) If a child starts an appeal against a community based order made 14
against the child, the effect of the order is stayed until the end of the appeal. 15
`(2) If the period for which the community based order operates is 16
relevant to the effect of the order or a program or anything else under the 17
order, the period between the start and end of the appeal is not counted for 18
the purpose of the effect of the order, program or other thing. 19
`Subdivision 2--Court of Appeal 20
`87B Appeals to Court of Appeal 21
`The Criminal Code, chapter 67, relating to appeals or applications for 22
leave to appeal applies, with necessary modifications and any prescribed 23
modifications-- 24
(a) in relation to a finding of guilt or order made in a proceeding 25
against a child for an offence as it applies in relation to a 26
conviction or order made in a proceeding against an adult for an 27
offence; and 28
s 31 68 s 32
Juvenile Justice Amendment Bill 2002
(b) in relation to a proceeding before a Childrens Court magistrate as 1
it applies to a proceeding before a Magistrates Court; and 2
(c) in relation to a proceeding before a Childrens Court judge, sitting 3
with or without a jury, as it applies in relation to a proceeding 4
before the District Court. 5
`Subdivision 3--Appeals to Childrens Court judge 6
`87C Appeals under Justices Act 1886, pt 9, div 1 7
`(1) The Justices Act 1886, part 9, division 1, applies in relation to an 8
order made by justices dealing summarily with a child charged with an 9
offence, subject to subsections (2) to (4). 10
`(2) To appeal under the division, an aggrieved person must appeal to the 11
Childrens Court judge. 12
`(3) All relevant references to a District Court judge are taken for the 13
purpose to be references to the Childrens Court judge. 14
`(4) A District Court judge does not have jurisdiction to hear and decide 15
the appeal. 16
`Subdivision 4--Reviews of sentences by Childrens Court judge'. 17
31 Amendment of s 89 (Application for review)
Clause 18
Section 89-- 19
insert-- 20
`(3) In this section-- 21
"complainant" means a complainant who makes a complaint under the 22
Justices Act 1886.'. 23
32 Amendment of s 91 (Stay of proceedings and suspension of
Clause 24
orders) 25
Section 91-- 26
insert-- 27
s 33 69 s 34
Juvenile Justice Amendment Bill 2002
`(3) Without limiting subsections (1) and (2), if a community based order 1
is subject to a review under this division, the effect of the order is stayed 2
until the end of the review. 3
`(4) If the period for which the community based order operates is 4
relevant to the effect of the order or a program or anything else under the 5
order, the period between the start and end of the appeal is not counted for 6
the purpose of the effect of the order, program or other thing.'. 7
33 Amendment of s 95 (Incidents of review)
Clause 8
(1) Section 95(2)(b), `subsection (2)'-- 9
omit, insert-- 10
`subsection (3)'. 11
(2) Section 95(3)(b), `a District Court'-- 12
omit, insert-- 13
`the Childrens Court'. 14
34 Replacement of ss 98 and 98A
Clause 15
Sections 98 and 98A-- 16
omit, insert-- 17
`98 Court may reopen proceedings 18
`(1) If a court has-- 19
(a) made a finding or order in relation to a child that is not in 20
accordance with the law; or 21
(b) failed to make a finding or order in relation to a child that the 22
court legally should have made; or 23
(c) made a finding or order in relation to a child decided on a clear 24
factual error of substance; 25
the court, whether or not differently constituted, may reopen the 26
proceeding. 27
`(2) The power under subsection (1)(c) includes power to reopen 28
proceedings because the finding or order was incorrectly made-- 29
(a) in relation to the wrong person; or 30
s 34 70 s 34
Juvenile Justice Amendment Bill 2002
(b) because a summons issued on a complaint originating the 1
proceedings that resulted in the finding or order did not come to 2
the knowledge of the child; or 3
(c) because it was made for a matter for which the child had been 4
previously dealt with; or 5
(d) because of someone's deceit. 6
`(3) If a court reopens a proceeding, it-- 7
(a) must give the parties an opportunity to be heard; and 8
(b) may make a finding or order in relation to the child-- 9
(i) for a reopening under subsection (1)(a)--in accordance 10
with law; or 11
(ii) for a reopening under subsection (1)(b)--the court legally 12
should have made; or 13
(iii) for a reopening under subsection (1)(c)--taking into 14
account the factual error; and 15
(c) may amend any relevant finding or order to the extent necessary 16
to take into account the finding or order made under 17
paragraph (b). 18
`(4) The court may reopen the proceeding-- 19
(a) on its own initiative at any time; or 20
(b) on the application of a party to the proceeding, the chief 21
executive or the court's registrar or clerk of the court, made 22
within-- 23
(i) 28 days after the day the finding or order was made; or 24
(ii) any further time the court may allow on application at any 25
time. 26
`(5) Subject to subsection (6), this section does not affect any right of 27
appeal. 28
`(6) For an appeal under any Act against a finding or order made under 29
subsection (3), the time within which the appeal must be made starts from 30
the day the finding or order is made under subsection (3). 31
`(7) In this section-- 32
s 35 71 s 39
Juvenile Justice Amendment Bill 2002
"finding or order" means a finding of guilt, conviction, sentence or other 1
finding or order that may be made in relation to a person charged with 2
or found guilty of an offence.'. 3
35 Omission of pt 4, div 8, hdg (Special sentencing provisions relating
Clause 4
to detainee) 5
Part 4, division 8, heading-- 6
omit. 7
36 Relocation and renumbering of s 102 (Extension of Act for
Clause 8
detainee offender) 9
Section 102-- 10
relocate and renumber, in part 4, division 9, as section 107D. 11
37 Insertion of new pt 4, div 9, sdiv 1, hdg
Clause 12
Before section 103-- 13
insert-- 14
`Subdivision 1--Preliminary'. 15
38 Amendment of s 103 (Definitions for pt 4, div 9)
Clause 16
(1) Section 103, definition "offence"-- 17
omit. 18
(2) Section 103-- 19
insert-- 20
` "adult offence" means an offence committed by an adult. 21
"child offence" means an offence committed by a child.'. 22
39 Insertion of new s 103A
Clause 23
After section 103-- 24
insert-- 25
s 40 72 s 42
Juvenile Justice Amendment Bill 2002
`103A Reference to "offence" includes alleged offence 1
`A reference in this division to an offence committed by the offender 2
includes, if the offender has not been found guilty of the offence, an 3
offence the offender is alleged to have committed.'. 4
40 Insertion of new pt 4, div 9, sdiv 2, hdg
Clause 5
Before section 104-- 6
insert-- 7
`Subdivision 2--General'. 8
41 Amendment of s 104 (Offender treated as child)
Clause 9
Section 104, `during any proceeding for the offence'-- 10
omit, insert-- 11
`in relation to a child offence committed by the offender'. 12
42 Insertion of new pt 4, div 9, sdiv 3 and sdiv 4, hdg
Clause 13
After section 104-- 14
insert-- 15
`Subdivision 3--Where offender is to be detained 16
`104A Offender remanded in custody for adult offence 17
`(1) This section applies if-- 18
(a) a court remands the offender in custody in connection with a 19
charge of an adult offence; and 20
(b) the offender is-- 21
(i) being held on remand, in the chief executive's custody, in 22
connection with a charge of a child offence; or 23
(ii) serving a period of detention, in a detention centre, for a 24
child offence; or 25
(iii) otherwise being held in custody in a detention centre. 26
s 42 73 s 42
Juvenile Justice Amendment Bill 2002
`(2) The offender must be remanded into the custody of the chief 1
executive and, for that purpose, section 4334 applies as if the offender were 2
still a child. 3
`(3) While subsection (1)(b) applies to the offender, a term of 4
imprisonment to which the offender is sentenced for an adult offence must 5
be served in a detention centre. 6
`(4) The part of a term of imprisonment served in a detention centre must 7
be counted as part of the term of imprisonment. 8
`(5) Subsection (3) does not limit section 211.35 9
`104B Offender remanded in custody for child offence 10
`(1) This section applies if-- 11
(a) a court remands the offender in custody in connection with a 12
charge of a child offence; and 13
(b) the offender has been an adult for at least 1 year; and 14
(c) the offender is not-- 15
(i) being held on remand, in the chief executive's custody, in 16
connection with a charge of another offence; or 17
(ii) serving a period of detention, in a detention centre, for a 18
child offence; or 19
(iii) otherwise being held in custody in a detention centre. 20
`(2) The offender must be held on remand in a corrective services 21
facility. 22
`104C Offender remanded in custody for adult offence and child 23
offence 24
`(1) This section applies if-- 25
(a) a court remands the offender in custody in connection with 26
charges of an adult offence and a child offence; and 27
(b) the offender is not-- 28
34 Section 43 (Custody of child if not released by court)
35 Section 211 (Childrens Court may order transfer to prison)
s 42 74 s 42
Juvenile Justice Amendment Bill 2002
(i) being held on remand, in the chief executive's custody, in 1
connection with a charge of another offence; or 2
(ii) serving a period of detention, in a detention centre, for a 3
child offence; or 4
(iii) otherwise being held in custody in a detention centre. 5
`(2) The offender must be held on remand in a corrective services 6
facility. 7
`104D Dealing with offender held in corrective services facility 8
`(1) This section applies if the offender is being held on remand, serving 9
a term of imprisonment, or otherwise being held in custody, in a corrective 10
services facility. 11
`(2) If a court remands the offender in custody in connection with a 12
charge of a child offence, the offender must be held on remand in a 13
corrective services facility. 14
`(3) A period of detention to which the offender is sentenced for a child 15
offence must be served in a corrective services facility. 16
`(4) Subsection (2) or (3) continues to apply to the offender even if the 17
offender ceases to be held in custody in a corrective services facility for any 18
other reason. 19
`(5) The period of detention served in a corrective services facility under 20
subsection (3) must be counted as a period of detention. 21
`(6) The Corrective Services Act 2000 applies to the offender in relation 22
to the period of detention served in a corrective services facility under 23
subsection (3). 24
`(7) However, the offender may only, and must, be released on parole on 25
the day the offender would have been released under a supervised release 26
order if the offender were serving the period of detention in a detention 27
centre. 28
`(8) Subsection (7) does not prevent-- 29
(a) the earlier release of the offender under an exceptional 30
circumstances parole order; or 31
(b) the continued custody of the offender for the unserved part of any 32
sentence of imprisonment imposed against the offender. 33
`(9) This section applies subject to section 104E. 34
s 42 75 s 42
Juvenile Justice Amendment Bill 2002
`104E Application to be held in detention centre 1
`(1) This section applies if-- 2
(a) section 104D(2) or (3) would otherwise apply to the offender; 3
and 4
(b) the offender-- 5
(i) has been an adult for less than 1 year; and 6
(ii) is not serving a period of detention in a corrective services 7
facility under an order made under section 211;36 and 8
(iii) is not being held on remand or serving a term of 9
imprisonment for an adult offence. 10
`(2) The offender may apply to a Childrens Court judge for an order that 11
the offender be held on remand, or serve the period of detention, in a 12
detention centre and not in a corrective services facility. 13
`(3) The offender must immediately serve a copy of the application on 14
the chief executive. 15
`(4) The court may grant or refuse to grant the application. 16
`(5) In deciding the application, the court must have regard to the 17
following matters-- 18
(a) the offender's age at the time of the application; 19
(b) if the application relates to serving a period of detention-- 20
(i) the length of the unserved part of the period of detention; 21
and 22
(ii) the earliest time the offender may be released; 23
(c) the amount of time the offender has spent in a corrective services 24
facility on remand, or serving a period of detention or term of 25
imprisonment, for any offence; 26
(d) the amount of time the offender has spent in a detention centre on 27
remand, or serving a period of detention or term of 28
imprisonment, for any offence. 29
`(6) If the court grants the application, the court must state the day on 30
which the order takes effect. 31
36 Section 211 (Childrens Court may order transfer to prison)
s 43 76 s 44
Juvenile Justice Amendment Bill 2002
`Subdivision 4--Circumstances affecting whether offender is treated as 1
adult or child'. 2
43 Amendment of s 105 (When offender must be treated as an adult)
Clause 3
(1) Section 105(1)(a), `for the offence'-- 4
omit, insert-- 5
`for a child offence'. 6
(2) Section 105(1)(a), `of the offence'-- 7
omit, insert-- 8
`of the child offence'. 9
(3) Section 105(2)(a), `the offence'-- 10
omit, insert-- 11
`a child offence'. 12
(4) Section 105-- 13
insert-- 14
`(2A) If, after a finding of guilt in a proceeding started against an 15
offender as a child-- 16
(a) the court has been unable to sentence the offender because the 17
offender has-- 18
(i) escaped from detention; or 19
(ii) failed, without reasonable excuse, to appear as required 20
under the conditions of bail; or 21
(iii) failed, without reasonable excuse, to return to the detention 22
centre at the end of a period of leave granted under 23
section 210; and 24
(b) 1 year has passed after the offender has become an adult; 25
the offender must be sentenced as an adult.'. 26
44 Amendment of s 106 (When offender may be treated as an adult)
Clause 27
(1) Section 106(1)(a), `an offence'-- 28
omit, insert-- 29
s 45 77 s 46
Juvenile Justice Amendment Bill 2002
`a child offence'. 1
(2) Section 106(2), `the offence'-- 2
omit, insert-- 3
`the child offence'. 4
45 Amendment of s 107 (Continuing effect on offender of orders
Clause 5
made when child) 6
(1) Section 107(3), `a requirement of, or prescribed requirement relating 7
to,'-- 8
omit. 9
(2) Section 107(3), `the requirement'-- 10
omit, insert-- 11
`the order'. 12
(3) Section 107(5)(b), `offence committed as an adult'-- 13
omit, insert-- 14
`adult offence'. 15
46 Amendment of s 107A (When order made as child may be dealt
Clause 16
with as adult order) 17
(1) Section 107A(5), `sentence'-- 18
omit, insert-- 19
`adult'. 20
(2) Section 107A-- 21
insert-- 22
`(5A) For the application of the Penalties and Sentences Act 1992-- 23
(a) section 12337 of that Act does not apply to a contravention of the 24
childhood sentence order that happens before the order is 25
declared under this section to be a community based order under 26
that Act; and 27
37 Penalties and Sentences Act 1992, section 123 (Offence to contravene requirement
of community based orders)
s 47 78 s 49
Juvenile Justice Amendment Bill 2002
(b) if the corresponding adult order is a probation order or 1
community service order under that Act, section 12(6) of that 2
Act38 does not apply to the court for the proceeding before the 3
court.'. 4
47 Amendment of s 107B (Sentencing offender as adult)
Clause 5
Section 107B(2)(a), `the offence'-- 6
omit, insert-- 7
`the child offence'. 8
48 Insertion of new pt 4, div 10
Clause 9
After section 107D (as renumbered)-- 10
insert-- 11
`Division 10--Some provisions about admissibility of childhood offences 12
`107E Use of evidence of cautions and conferences in deciding issue 13
of criminal responsibility 14
`A court considering an issue of criminal responsibility under the 15
Criminal Code, section 29 in relation to a child may have regard to any 16
previous caution administered to the child or any previous conference 17
agreement made by the child.'. 18
49 Amendment of s 109 (Sentencing principles)
Clause 19
Section 109(1)(b)-- 20
omit, insert-- 21
`(b) the juvenile justice principles; and'. 22
38 Penalties and Sentences Act 1992, section 12(6) (Court to consider whether or not to
record conviction)
s 50 79 s 51
Juvenile Justice Amendment Bill 2002
50 Amendment of s 110 (Presentence report)
Clause 1
(1) Section 110-- 2
insert-- 3
`(1A) Subject to subsection (7), the report must be made for the purpose 4
of the sentencing of the child for the offence.'. 5
(2) Section 110-- 6
insert-- 7
`(2A) The presentence report may not contain the chief executive's 8
opinion on what impact an order under section 191C39 may have on the 9
child.'. 10
(3) Section 110-- 11
insert-- 12
`(7) For subsection (5), it is enough if the chief executive gives the court 13
further material to be considered with another report prepared for another 14
sentencing of the child that happens on the same day.'. 15
51 Amendment of s 114 (Evidence of childhood finding of guilt not
Clause 16
admissible against adult) 17
(1) Section 114(3) to (7)-- 18
omit. 19
(2) Section 114(8)-- 20
renumber as section 114(3). 21
(3) Section 114-- 22
insert-- 23
`(4) For subsection (1), if a person is found guilty as a child of an 24
offence, the person is not taken to have been found guilty as an adult of the 25
offence merely because of the making of a declaration under 26
section 107A(4).'. 27
(4) Section 114-- 28
relocate to part 4, division 10 and renumber as section 107F. 29
39 Section 191C (Court may allow publication of identifying information)
s 52 80 s 57
Juvenile Justice Amendment Bill 2002
52 Omission of s 114A (Particular cautions and community
Clause 1
conference agreements admissible as part of person's criminal 2
history) 3
Section 114A-- 4
omit. 5
53 Amendment of s 118 (Children entitled to explanation of sentence)
Clause 6
Section 118(1)(b), `the requirements of'-- 7
omit. 8
54 Amendment of s 118A (Audio visual link or audio link may be
Clause 9
used to sentence) 10
Section 118A(1), after `of a child'-- 11
insert-- 12
`who is legally represented'. 13
55 Amendment of pt 5, div 1A, hdg (Court referred community
Clause 14
conferences before sentencing) 15
Part 5, division 1A, heading, `community'-- 16
omit. 17
56 Insertion of new pt 5, div 1A, sdiv 1, hdg
Clause 18
Before section 119A-- 19
insert-- 20
`Subdivision 1--Initial reference procedure'. 21
57 Replacement of s 119A (Reference to community conference by
Clause 22
court) 23
Section 119A-- 24
omit, insert-- 25
s 58 81 s 58
Juvenile Justice Amendment Bill 2002
`119A Reference by court to a coordinator for a conference 1
`(1) This section applies if a finding of guilt for an offence is made 2
against a child before a court. 3
`(2) The court must consider referring the offence to a coordinator for a 4
conference. 5
`(3) The court may refer the offence to the coordinator, if the court 6
considers-- 7
(a) referral to a conference-- 8
(i) would allow the offence to be appropriately dealt with 9
without the court making a sentence order (an "indefinite 10
referral"); or 11
(ii) would help the court to make an appropriate sentence order 12
(a "conference before sentence"); and 13
(b) a convenor will be available for the conference. 14
`(4) In considering whether to refer the offence to a conference, the court 15
may consider whether the child has made any other conference agreement 16
for any offence, without considering the terms of any agreement. 17
`(5) On making the referral, the court may-- 18
(a) give directions it considers appropriate to the child, the 19
coordinator, convenor of the conference and anyone else who 20
may participate in the conference; and 21
(b) adjourn the proceeding for the offence.'. 22
58 Insertion of new s 119AA and pt 5, div 1A, sdiv 2, hdg
Clause 23
After section 119A-- 24
insert-- 25
`119AA Reference back to court from conference 26
`(1) In any of the circumstances mentioned in subsection (2) or (3), a 27
coordinator may refer the offence back to the court by written notice given 28
to the court's proper officer. 29
`(2) One circumstance is that a convenor will not be available for the 30
conference. 31
`(3) Other circumstances are as follows-- 32
s 59 82 s 59
Juvenile Justice Amendment Bill 2002
(a) the convenor is unable to contact the child after reasonable 1
inquiries; 2
(b) the convenor has made reasonable requirements of the child to 3
attend a pre-conference interview and the child has failed to 4
attend as required; 5
(c) the convenor considers it necessary for a victim to participate and 6
the victim does not wish to participate or can not be located after 7
reasonable inquiries; 8
(d) during the preparation for the conference meeting, the child 9
denies committing the offence to the convenor; 10
(e) during the preparation for the conference meeting, the convenor 11
comes to the conclusion that an appropriate conference 12
agreement is unlikely to be made within a time the convenor 13
considers appropriate; 14
(f) the convenor ends the conference under section 30D(5); 15
(g) the conference ends without an agreement being made. 16
`(4) A notice under subsection (1) must state the reasons for referring the 17
offence back to the court. 18
`(5) The reasons stated in the notice may be considered by a court in any 19
later proceeding for the sentencing of the child for the relevant offence. 20
`Subdivision 2--Indefinite referral'. 21
59 Amendment of s 119B (If an agreement is made on an indefinite
Clause 22
referral by a court) 23
(1) Section 119B(1), `community conference'-- 24
omit, insert-- 25
`conference'. 26
(2) Section 119B(2), `The community conference convenor'-- 27
omit, insert-- 28
`A coordinator'. 29
s 60 83 s 60
Juvenile Justice Amendment Bill 2002
(3) Section 119B(4), `On the giving of the notice'-- 1
omit, insert-- 2
`On the day the notice is received by the court'. 3
60 Amendment of s 119C (Powers of proper officer if indefinite
Clause 4
referral is unsuccessful or if child contravenes agreement made on 5
court's indefinite referral) 6
(1) Section 119C(1) `community conference', first mention-- 7
omit, insert-- 8
`coordinator'. 9
(2) Section 119C(1), `community conference', second mention-- 10
omit, insert-- 11
`conference'. 12
(3) Section 119C(2)-- 13
omit, insert-- 14
`(2) The circumstances are-- 15
(a) a coordinator refers the offence back from the youth justice 16
conference to a court under section 119AA(1); or 17
(b) a conference agreement is made and the child contravenes the 18
agreement.'. 19
(4) Section 119C(3)(b)-- 20
omit, insert-- 21
`(b) refer the offence to a coordinator for another conference; or'. 22
(5) Section 119C(6)-- 23
omit, insert-- 24
`(6) If the proceeding for the offence was previously brought to an end 25
by a notice under section 119B(2), a notice under subsection (4) restarts the 26
proceeding from when it was brought to an end and the child is then liable 27
to be sentenced for the offence.'. 28
s 61 84 s 62
Juvenile Justice Amendment Bill 2002
(6) Section 119C(7), `community conference'-- 1
omit, insert-- 2
`conference'. 3
61 Insertion of new pt 5, div 1A, sdiv 3, hdg
Clause 4
Before section 119D-- 5
insert-- 6
`Subdivision 3--Court dealing with offence after referral to a conference 7
before sentence'. 8
62 Amendment of s 119D (If an agreement is made on a referral by a
Clause 9
court before sentence) 10
(1) Section 119D, heading, after `court'-- 11
insert-- 12
`to a conference'. 13
(2) Section 119D(1) and (2), `community conference'-- 14
omit, insert-- 15
`conference'. 16
(3) Section 119D(2)(d)-- 17
omit, insert-- 18
`(d) a coordinator's report under section 30D(7).'. 19
(4) Section 119D-- 20
insert-- 21
`(2A) For the purpose of the sentence, the court must give a copy of the 22
conference agreement and any report provided under section 30D(7) to the 23
parties to the proceeding.'. 24
(5) Section 119D(3)-- 25
omit, insert-- 26
`(3) The court may include all or any of the terms of the agreement in, or 27
as part of, the sentence order and impose requirements on the child to 28
ensure the child complies with the terms so included. 29
s 63 85 s 63
Juvenile Justice Amendment Bill 2002
`(4) If the child contravenes a term of the agreement included in the 1
sentence order, the court's proper officer may-- 2
(a) take no action; or 3
(b) bring the charge for the offence back on before the court for 4
resentencing. 5
`(5) For subsection (4)(b), the proper officer must give notice to the child 6
and the chief executive that the proceeding for the resentencing is to be 7
heard by the court on a stated day. 8
`(6) If requested by the proper officer, the commissioner of the police 9
service must help the proper officer give the notice. 10
`(7) A notice under subsection (5) makes the child liable to be 11
resentenced for the offence. 12
`(8) In making a new sentence order for the offence, the court must 13
consider-- 14
(a) any participation by the child in a conference; and 15
(b) the agreement; and 16
(c) anything done by the child under the agreement. 17
`(9) A new sentence order may include requirements under 18
subsection (3).'. 19
63 Insertion of new pt 5, div 1A, sdiv 4
Clause 20
After section 119D-- 21
insert-- 22
`Subdivision 4--No further action instead of sentence 23
`119E Court may take no further action if agreement is made 24
`(1) This section applies if a court may make a sentence order for a child 25
in the circumstances mentioned in section 119D(1). 26
`(2) The court may decide to take no further action, if the child agrees to 27
carry out the agreement made by the child in the conference. 28
`(3) If the child contravenes the agreement, the court's proper officer 29
may-- 30
(a) take no action; or 31
s 64 86 s 64
Juvenile Justice Amendment Bill 2002
(b) bring the charge for the offence back on before the court for 1
sentencing. 2
`(4) For subsection (3)(b), the proper officer must give notice to the child 3
and the chief executive that the proceeding for the offence is to be heard by 4
the court on a stated day. 5
`(5) If requested by the proper officer, the commissioner of the police 6
service must help the proper officer give the notice. 7
`(6) A notice under subsection (4) restarts the proceeding from when it 8
was brought to an end and the child is then liable to be sentenced for the 9
offence. 10
`(7) In making a sentence order for the offence, the court must 11
consider-- 12
(a) any participation by the child in a conference; and 13
(b) the agreement; and 14
(c) anything done by the child under the agreement.'. 15
64 Amendment of s 120 (Sentence orders--general)
Clause 16
(1) Section 120(1)(d) and (e), `subsection (3)'-- 17
omit, insert-- 18
`subsection (2)'. 19
(2) Section 120(1)(e), after `13 years'-- 20
insert-- 21
`at the time of sentence'. 22
(3) Section 120(1)-- 23
insert-- 24
`(ea) if the child has not attained the age of 13 years at the time of 25
sentence, make an intensive supervision order for the child for a 26
period of not more than 6 months; or'. 27
(4) Section 120(2), `an immediate'-- 28
omit, insert-- 29
`a conditional'. 30
s 65 87 s 65
Juvenile Justice Amendment Bill 2002
(5) Section 120(3)-- 1
omit. 2
(6) Section 120(2)-- 3
renumber as subsection (3). 4
(7) Section 120-- 5
insert-- 6
`(2) An order of the following type may only be made against a child 7
found guilty of an offence of a type that, if committed by an adult, would 8
make the adult liable to imprisonment-- 9
(a) a probation order under subsection (1)(d); 10
(b) a community service order; 11
(c) an intensive supervision order.'. 12
65 Amendment of s 121 (Sentence orders--serious offences)
Clause 13
(1) Section 121(3), `In relation to'-- 14
omit, insert-- 15
`For'. 16
(2) Section 121(4), `an immediate'-- 17
omit, insert-- 18
`a conditional'. 19
(3) Section 121(5)-- 20
renumber as section 120(6). 21
(4) Section 121-- 22
insert-- 23
`(5) A court may make an order for a child's detention under 24
subsection (3), with or without an order under division 7, subdivision 5.40'. 25
40 Division 7 (Detention order), subdivision 5 (Publication orders)
s 66 88 s 67
Juvenile Justice Amendment Bill 2002
66 Amendment of s 121A (More than 1 type of order may be made
Clause 1
for a single offence) 2
Section 121A, `and 121C'-- 3
omit, insert-- 4
`to 121D'. 5
67 Replacement of ss 121B and 121C
Clause 6
Sections 121B and 121C-- 7
omit, insert-- 8
`121B Combination of probation and community service orders 9
`(1) This section applies if a court makes, for a single offence (the 10
"original offence"), a probation order and a community service order. 11
`(2) The court-- 12
(a) must make separate orders; and 13
(b) must not impose one of the orders as a requirement of the other. 14
`(3) If the child contravenes one of the orders after the orders are made 15
and is resentenced for the original offence, the other order is discharged. 16
`121C Combination of intensive supervision order and probation or 17
detention order prohibited 18
A court may not make, for a single offence-- 19
(a) an intensive supervision order; and 20
(b) a probation order or detention order. 21
`121D Combination of detention order and other orders 22
`(1) This section applies if a court makes a detention order and a 23
probation order for a single offence. 24
`(2) The court may make the detention order only for a maximum period 25
of 6 months and may not make a conditional release order. 26
`(3) The probation order may only start when the child is released from 27
detention under the detention order and be for a maximum period ending 28
1 year after the release.'. 29
s 68 89 s 70
Juvenile Justice Amendment Bill 2002
68 Amendment of s 124 (Recording of conviction)
Clause 1
Section 124(2) to (4)-- 2
omit, insert-- 3
`(2) If a court makes an order under section 120(1)(a) or (b), a conviction 4
must not be recorded. 5
`(3) If a court makes an order under section 120(1)(c) to (f) or 121, the 6
court may order that a conviction be recorded or decide that a conviction 7
not be recorded.'. 8
69 Insertion of new s 127A
Clause 9
Part 5, division 2, after section 127-- 10
insert-- 11
`127A Reference to complying with, or contravening, an order 12
`In this part, a reference to complying with, or contravening, a sentence 13
order includes complying with, or contravening, a requirement applying to 14
the order under a regulation.'. 15
70 Amendment of s 132 (Probation orders--requirements)
Clause 16
(1) Section 132(1)(b)(iii) to (v)-- 17
renumber as section 132(1)(b)(iv) to (vi). 18
(2) Section 132(1)(b)(ii)-- 19
omit, insert-- 20
`(ii) the child must satisfactorily attend programs as directed by 21
the chief executive; and 22
(iii) the child must comply with every reasonable direction of 23
the chief executive; and'. 24
(3) Section 132-- 25
insert-- 26
`(2A) An order may contain a requirement that the child must comply 27
with outside the State. 28
s 71 90 s 74
Juvenile Justice Amendment Bill 2002
1
Example--
2
An order may require the child to attend a particular educational establishment that is
3
located outside the State.'.
71 Amendment of s 133 (Child must be willing to comply)
Clause 4
Section 133, `the requirements of'-- 5
omit. 6
72 Omission of ss 134145
Clause 7
Sections 134 to 145-- 8
omit. 9
73 Amendment of s 146 (Preconditions to making of community
Clause 10
service order) 11
Section 146(a), `the requirements of'-- 12
omit. 13
74 Amendment of s 147 (Requirements to be set out in community
Clause 14
service order) 15
(1) Section 147-- 16
insert-- 17
`(e) that the child abstain from violation of the law during the period 18
of the order; and 19
(f) that the child not leave, or stay out of, Queensland during the 20
period of the order without the prior approval of the chief 21
executive.'. 22
(2) Section 147-- 23
insert-- 24
`(2) An order may contain a requirement that the child must comply with 25
outside the State. 26
s 75 91 s 76
Juvenile Justice Amendment Bill 2002
1
Example--
2
An order may require the child to perform a community service at a place outside the
3
State.'.
75 Amendment of s 149 (Community service to be performed within
Clause 4
limited period) 5
(1) Section 149(b), `section 156, 157 or 158'-- 6
omit, insert-- 7
`section 192J or 192L'. 8
(2) Section 149(c), `section 163'-- 9
omit, insert-- 10
`section 192Q'. 11
76 Insertion of new s 151A
Clause 12
After section 151-- 13
insert-- 14
`151A Cumulative effect of child and adult community service orders 15
`(1) This section applies if-- 16
(a) a court makes a community service order against a person; and 17
(b) the person is already subject to 1 or more existing community 18
service orders; and 19
(c) on the making of the order, the person will be subject to an adult 20
community service order and a child community service order. 21
`(2) The order mentioned in subsection (1)(a) is of no effect to the extent 22
that the total number of hours of community service under all the 23
community service orders to which the person will be subject, less the 24
number of hours for which the person has performed community service 25
under the existing order or orders, is more than the maximum number of 26
hours of community service an adult may be ordered to perform. 27
`(3) In this section-- 28
"adult community service order" means a community service order 29
made against a person under the Penalties and Sentences Act 1992 for 30
an offence committed by the person as an adult. 31
s 77 92 s 78
Juvenile Justice Amendment Bill 2002
"child community service order" means a community service order made 1
against a person under this Act for an offence committed by the person 2
as a child. 3
"community service order" means an adult community service order or 4
child community service order.'. 5
77 Amendment of s 152 (Ending of community service order)
Clause 6
(1) Section 152(a), `section 147(b) and (c)'-- 7
omit, insert-- 8
`section 147(1)(b) and (c)'. 9
(2) Section 152(b), `section 156 or 158'-- 10
omit, insert-- 11
`section 192J or 192L'. 12
78 Replacement of ss 153163
Clause 13
Sections 153 to 163-- 14
omit, insert-- 15
`Division 6A--Intensive supervision order 16
`153 Preconditions to making of intensive supervision order 17
`(1) A court may make an intensive supervision order for a child only 18
if-- 19
(a) the child expresses willingness to comply with the order; and 20
(b) the court has ordered a pre-sentence report and considered the 21
report; and 22
(c) the court considers the child, unless subject to an intensive period 23
of supervision and support in the community, is likely to commit 24
further offences having regard to the following-- 25
(i) the number of offences committed by the child, including 26
the child's criminal history; 27
(ii) the circumstances of the offences; 28
(iii) the circumstances of the child; 29
s 78 93 s 78
Juvenile Justice Amendment Bill 2002
(iv) whether other sentence orders have not or are unlikely to 1
stop the child from committing further offences. 2
`(2) The pre-sentence report mentioned in subsection (1)(b) must include 3
comments-- 4
(a) outlining the potential suitability of the child for an intensive 5
supervision order; and 6
(b) advising whether an appropriate intensive supervision program is 7
available for the child. 8
`154 Intensive supervision order--requirements 9
`(1) An intensive supervision order must require-- 10
(a) that the child participate as directed by the chief executive in a 11
program (the "intensive supervision program") for the period 12
decided under section 120(1)(ea) (the "program period"); and 13
(b) that, during the period of the order-- 14
(i) the child abstain from violation of the law; and 15
(ii) the child comply with every reasonable direction of the 16
chief executive; and 17
(iii) the child report and receive visits as directed by the chief 18
executive; and 19
(iv) the child or a parent of the child notify the chief executive 20
within 2 business days of any change of address or school; 21
and 22
(v) the child not leave, or stay out of, Queensland without the 23
prior approval of the chief executive. 24
`(2) An intensive supervision order made for the child may contain 25
requirements that the child comply, during the whole or a part of the period 26
of the order, with conditions that the court considers necessary for 27
preventing a repetition by the child of the offence for which the order was 28
made or the commission by the child of other offences. 29
`(3) An order may contain a requirement that the child must comply with 30
outside the State. 31
32
Example--
33
An order may require the child to attend a particular educational establishment that is
34
located outside the State.
s 78 94 s 78
Juvenile Justice Amendment Bill 2002
`(4) A requirement imposed by a court under subsection (2)-- 1
(a) must relate to the offence for which the order was made; and 2
(b) must be supported by the court's written reasons. 3
`155 Program period 4
`(1) The program period of a child's intensive supervision program starts 5
when the intensive supervision order is made and ends at the later of the 6
following times-- 7
(a) the end of the last day of the period of the intensive supervision 8
order; 9
(b) if the intensive supervision program was suspended for part or all 10
of any days (the "suspended days")--the end of the last day that 11
is the last day of the period of the order and, additionally, the 12
number of suspended days. 13
`(2) If, at the time a court makes an intensive supervision order for a 14
child-- 15
(a) another intensive supervision order has already been made 16
against the child; and 17
(b) the intensive supervision program under the other order has not 18
ended; 19
the period when the child is subject to both intensive supervision programs 20
is counted concurrently. 21
`156 Suspension of intensive supervision program 22
`(1) If, during the program period, a child for good reason is unable to 23
participate in the intensive supervision program, the chief executive may, 24
by written notice given to the child, suspend the intensive supervision 25
program for a specified period. 26
`(2) The period for which the intensive supervision program is 27
suspended is not to be counted as part of the program period.'. 28
s 79 95 s 82
Juvenile Justice Amendment Bill 2002
79 Amendment of s 167 (Detention to be served in detention centre)
Clause 1
Section 167(3), `an immediate'-- 2
omit, insert-- 3
`a conditional'. 4
80 Amendment of s 172 (Period of escape or release pending appeal
Clause 5
not counted as detention) 6
(1) Section 172, heading, after `escape'-- 7
insert-- 8
`, mistaken release'. 9
(2) Section 172(b)-- 10
omit, insert-- 11
`(b) is unlawfully at large;'. 12
(3) Section 172, `or escape'-- 13
omit, insert-- 14
`or is unlawfully at large'. 15
81 Amendment of s 172A (Application for variation of detention
Clause 16
order in interests of justice) 17
Section 172A(1)(a), `escapes from detention under'-- 18
omit, insert-- 19
`is unlawfully at large while subject to'. 20
82 Amendment of s 173 (Multiple orders of detention and
Clause 21
imprisonment against person as adult and child) 22
Section 173(2) to (5)-- 23
omit. 24
s 83 96 s 86
Juvenile Justice Amendment Bill 2002
83 Amendment of s 174 (Period of custody on remand to be treated
Clause 1
as detention on sentence) 2
Section 174(1), after `detention centre'-- 3
insert-- 4
`or corrective services facility'. 5
84 Amendment of pt 5, div 7, sdiv 2, hdg (Immediate release order)
Clause 6
Part 5, division 7, subdivision 2, heading, `Immediate'-- 7
omit, insert-- 8
`Conditional'. 9
85 Amendment of s 175 (Purpose of immediate release order)
Clause 10
Section 175, heading, `immediate'-- 11
omit, insert-- 12
`conditional'. 13
86 Amendment of s 176 (Immediate release order)
Clause 14
(1) Section 176, heading, `Immediate'-- 15
omit, insert-- 16
`Conditional'. 17
(2) Section 176(1), `immediate'-- 18
omit, insert-- 19
`conditional'. 20
(3) Section 176(2), `immediate'-- 21
omit, insert-- 22
`conditional'. 23
s 87 97 s 87
Juvenile Justice Amendment Bill 2002
87 Replacement of s 177 (Immediate release order--requirements)
Clause 1
Section 177-- 2
omit, insert-- 3
`177 Conditional release order--requirements 4
`(1) A conditional release order must require-- 5
(a) that the child participate as directed by the chief executive in a 6
program (the "conditional release program") for the period, of 7
not more than 3 months, stated in the order (the "program 8
period"); and 9
(b) that, during the period of the order -- 10
(i) the child abstain from violation of the law; and 11
(ii) the child comply with every reasonable direction of the 12
chief executive; and 13
(iii) the child report and receive visits as directed by the chief 14
executive; and 15
(iv) the child or a parent of the child notify the chief executive 16
within 2 business days of any change of address, 17
employment or school; and 18
(v) the child not leave, or stay out of, Queensland without the 19
prior approval of the chief executive. 20
`(2) A conditional release order made in relation to a child may contain 21
requirements that the child comply, during the whole or a part of the period 22
of the order, with conditions that the court considers necessary for 23
preventing a repetition by the child of the offence for which the detention 24
order was made or the commission by the child of other offences. 25
`(3) An order may contain a requirement that the child must comply with 26
outside the State. 27
28
Example--
29
An order may require the child to attend a particular educational establishment that is
30
located outside the State.
`(4) A requirement imposed by a court under subsection (2)-- 31
(a) must relate to the offence for which the detention order was 32
made; and 33
(b) must be supported by the court's written reasons.'. 34
s 88 98 s 91
Juvenile Justice Amendment Bill 2002
88 Amendment of s 178 (Child must be willing to comply)
Clause 1
(1) Section 178, `an immediate'-- 2
omit, insert-- 3
`a conditional'. 4
(2) Section 178, `the requirements of'-- 5
omit. 6
89 Replacement of s 179 (Presentence report must support
Clause 7
immediate release order) 8
Section 179-- 9
omit, insert-- 10
`179 Presentence report must include particular comments 11
`The presentence report considered by a court before making the 12
relevant detention order must include comments-- 13
(a) outlining the potential suitability of the child for release from 14
detention under a conditional release order; and 15
(b) advising whether an appropriate conditional release program is 16
available on the child's release under the order.'. 17
90 Amendment of s 180 (Effect of program period ending)
Clause 18
Section 180, `section 183'-- 19
omit, insert-- 20
`division 8A'. 21
91 Insertion of new s 181
Clause 22
After section 180-- 23
insert-- 24
`181 Program period 25
`(1) The program period of a child's conditional release program starts 26
when the conditional release order is made and ends at the later of the 27
following times-- 28
s 92 99 s 94
Juvenile Justice Amendment Bill 2002
(a) the end of the last day of the period of the conditional release 1
order; 2
(b) if the conditional release program was suspended for part or all 3
of any days (the "suspended days")--the end of the day that is 4
the last day of the period of the order and, additionally, the 5
number of suspended days. 6
`(2) If, at the time a court makes a conditional release order for a child-- 7
(a) another conditional release order has already been made for the 8
child; and 9
(b) the conditional release program under the other order has not 10
ended; 11
the period when the child is subject to both conditional release programs is 12
counted concurrently.'. 13
92 Amendment of s 182 (Suspension of program period)
Clause 14
(1) Section 182, heading, `period'-- 15
omit. 16
(2) Section 182(1), from `suspend'-- 17
omit, insert-- 18
`suspend the program for a stated period.'. 19
(2) Section 182(2), `program period is'-- 20
omit, insert-- 21
`program is'. 22
93 Omission of ss 183187
Clause 23
Sections 183 to 187-- 24
omit. 25
94 Replacement of s 189 (Chief executive's fixed release order)
Clause 26
Section 189-- 27
omit, insert-- 28
s 94 100 s 94
Juvenile Justice Amendment Bill 2002
`189 Chief executive's supervised release order 1
`(1) At the end of the period after which a child is required to be released 2
under section 188, the chief executive must make an order (a "supervised 3
release order") releasing the child from detention. 4
`(2) The chief executive may-- 5
(a) impose conditions that the chief executive considers appropriate 6
on the supervised release order; and 7
(b) amend the conditions at any time by written notice served on the 8
child. 9
`(3) The supervised release order must require that, during the period of 10
the order-- 11
(a) the child abstain from violation of the law; and 12
(b) the child satisfactorily attend programs as directed by the chief 13
executive; and 14
(c) the child comply with every reasonable direction of the chief 15
executive; and 16
(d) the child report and receive visits as directed by the chief 17
executive; and 18
(e) the child or a parent of the child notify the chief executive within 19
2 business days of any change of address, employment or school; 20
and 21
(f) the child not leave, or stay out of, Queensland without the prior 22
approval of the chief executive. 23
`(4) A supervised release order may contain a requirement that the child 24
must comply with outside the State. 25
26
Example--
27
An order may require the child to attend a particular educational establishment that is
28
located outside the State.
`189A Child may be released from detention while absent from place 29
of detention 30
`To remove any doubt, it is declared that a child who is serving a period 31
of detention at a place may be released from detention under this 32
subdivision whether or not the child is at the place at the time of release. 33
s 95 101 s 96
Juvenile Justice Amendment Bill 2002
1
Example--
2
A child is serving a period of detention at a detention centre. The chief executive grants
3
the child leave of absence under section 210. While the child is on the leave of absence,
4
the chief executive may make a supervised release order releasing the child from
5
detention.'.
95 Amendment of s 190 (Release period counts as part of detention
Clause 6
period) 7
Section 190, `fixed'-- 8
omit, insert-- 9
`supervised'. 10
96 Replacement of s 191 (Cancellation of release order)
Clause 11
Section 191-- 12
omit, insert-- 13
`191 Cancellation of supervised release order 14
`(1) This section applies if-- 15
(a) a child is on release from detention under a supervised release 16
order; and 17
(b) the chief executive reasonably believes the child has contravened 18
the order. 19
`(2) The chief executive, by way of complaint and summons served on 20
the child, may apply to a Childrens Court magistrate for a finding that the 21
child has contravened the order. 22
`(3) A copy of the complaint must be served on a parent of the child, 23
unless a parent can not be found after reasonable inquiry. 24
`(4) A Childrens Court magistrate may issue a warrant for the child's 25
arrest if the child fails to appear before the court in answer to the summons. 26
`(5) A justice may issue a warrant for the child's arrest if the chief 27
executive-- 28
(a) makes a complaint before the justice that the child has 29
contravened a supervised release order; and 30
(b) gives information before the justice, on oath, substantiating-- 31
s 96 102 s 96
Juvenile Justice Amendment Bill 2002
(i) the matter of the complaint; and 1
(ii) that the chief executive does not know the child's 2
whereabouts and can not reasonably find out, or reasonably 3
believes that the child would not comply with a summons. 4
`(6) A warrant issued under subsection (4) or (5) must state which part of 5
the supervised release order has been contravened. 6
`(7) For part 3, a child arrested under the warrant must be treated as if 7
arrested on a charge of an offence. 8
`(8) If the child appears before a Childrens Court magistrate other than 9
through the execution of the warrant, the magistrate may cancel the 10
warrant. 11
`(9) If a Childrens Court magistrate is satisfied beyond reasonable doubt 12
the child has contravened the supervised release order, the magistrate 13
may-- 14
(a) if the magistrate considers the child should be given a further 15
opportunity to satisfy the conditions of the order--order that no 16
further action be taken; or 17
(b) order the child to be returned to the detention centre and set a day 18
on which the chief executive must make another supervised 19
release order releasing the child from detention; or 20
(c) order the child to be returned to the detention centre for the 21
unexpired part of the child's sentence. 22
`(10) In making an order under subsection (9), the Childrens Court 23
magistrate must have regard to anything done by the child in compliance 24
with the supervised release order. 25
`(11) An order under subsection (9) is a sentence order for any Act 26
providing rights to anyone of appeal or review. 27
`(12) The period spent by the child out of custody after the issue of a 28
warrant is not to be counted as part of the time spent by the child in 29
detention for the purpose of calculating the end of the period of detention 30
from which the child was released.'. 31
s 97 103 s 97
Juvenile Justice Amendment Bill 2002
97 Insertion of new pt 5, div 7, sdiv 5
Clause 1
After section 191B-- 2
insert-- 3
`Subdivision 5--Publication orders 4
`191C Court may allow publication of identifying information 5
`(1) This section applies if-- 6
(a) a court makes an order under section 121(3) relating to a child 7
found guilty of a serious offence that is a life offence; and 8
(b) the offence involves the commission of violence against a 9
person; and 10
(c) the court considers-- 11
(i) the offence to be a particularly heinous offence having 12
regard to all the circumstances; and 13
(ii) that it would be in the interests of justice to allow 14
publication of identifying information about the child. 15
`(2) The court may order that identifying information about the child 16
may be published. 17
`(3) The order does not authorise publication of identifying information 18
before the end of any appeal period or, if the child gives notice of appeal or 19
of application for leave to appeal, before any appeal proceeding has ended. 20
`(4) To remove any doubt, it is declared this section does not apply to a 21
Childrens Court constituted by a Childrens Court magistrate. 22
`(5) In this section-- 23
"appeal period" means the 1 calendar month from the date of conviction 24
or sentence mentioned in the Criminal Code, section 671.'. 25
s 98 104 s 98
Juvenile Justice Amendment Bill 2002
98 Insertion of new pt 5, div 8A
Clause 1
After section 192-- 2
insert-- 3
`Division 8A--Contravention of community based orders and related 4
matters 5
`192A Reference to "child" 6
`(1) A reference in this division to a child against whom a community 7
based order has been made includes a person who has become an adult 8
since the order was made. 9
`(2) Subsection (1) does not limit section 107.41 10
`192B Chief executive must warn child about contravention 11
`(1) This section applies if-- 12
(a) a community based order is made against a child; and 13
(b) the chief executive reasonably believes the child has contravened 14
the order. 15
`(2) The chief executive must warn the child of the consequences of 16
further contravention, including the making of an application under 17
section 192C. 18
`(3) Subsection (2) does not apply if the chief executive does not know 19
the child's whereabouts and can not reasonably find out. 20
`192C Chief executive's application on contravention 21
`(1) This section applies if-- 22
(a) a community based order is made against a child; and 23
(b) the chief executive reasonably believes the child has contravened 24
the order; and 25
(c) either-- 26
41 Section 107 (Continuing effect on offender of orders made when child)
s 98 105 s 98
Juvenile Justice Amendment Bill 2002
(i) the contravention is believed to have happened after the 1
child has been given a warning, under section 192B, relating 2
to a previous believed contravention of the order; or 3
(ii) the chief executive is not required to warn the child under 4
section 192B; and 5
(d) the child has not been charged with an offence for the act or 6
omission comprising the contravention. 7
`(2) The chief executive, by way of complaint and summons served on 8
the child, may apply to a Childrens Court magistrate for a finding that the 9
child has contravened the order. 10
`(3) The application may only be made during the period of the order. 11
`(4) A copy of the complaint must be served on a parent of the child, 12
unless a parent can not be found after reasonable inquiry. 13
`(5) A Childrens Court magistrate may issue a warrant for the child's 14
arrest if the child fails to appear before the court in answer to the summons. 15
`(6) A justice may issue a warrant for the child's arrest if the chief 16
executive-- 17
(a) makes a complaint before the justice that the child has 18
contravened a community based order; and 19
(b) gives information before the justice, on oath, substantiating-- 20
(i) the matter of the complaint; and 21
(ii) that the chief executive does not know the child's 22
whereabouts and can not reasonably find out, or reasonably 23
believes that the child would not comply with a summons. 24
`(7) A warrant issued under subsection (5) or (6) must state which part of 25
the community based order has been contravened. 26
`(8) For part 3, a child arrested under the warrant must be treated as if 27
arrested on a charge of an offence. 28
`(9) In this section-- 29
"parent", of a child, includes someone who is apparently a parent of the 30
child. 31
`192D Cancellation of warrant 32
`(1) This section applies if-- 33
s 98 106 s 98
Juvenile Justice Amendment Bill 2002
(a) a warrant for a child's arrest is issued under section 192C; and 1
(b) the child appears before a Childrens Court magistrate other than 2
through the execution of the warrant. 3
`(2) The magistrate may cancel the warrant and deal with the child under 4
this division for the alleged contravention of the community based order. 5
`192E General options available on breach of order 6
`(1) This section applies if-- 7
(a) a complaint is made under section 192C that a child has breached 8
a community based order; and 9
(b) the child appears before a Childrens Court magistrate; and 10
(c) the magistrate is satisfied beyond reasonable doubt the 11
contravention has happened. 12
`(2) If the order was made by a Childrens Court magistrate, the 13
magistrate may take the following action-- 14
(a) for an order other than a conditional release order--any action 15
allowed under section 192J;42 16
(b) for a conditional release order--any action allowed under 17
section 192K.43 18
`(3) If the order was made by a higher court, the magistrate may take the 19
following action-- 20
(a) if the magistrate considers that, having regard to the 21
circumstances of the contravention, the order should be 22
discharged and the child dealt with for the offence in respect of 23
which the order was made--order the child to appear before the 24
higher court; 25
(b) otherwise-- 26
(i) for an order other than a conditional release order--any 27
action under section 192J other than section 192J(1)(d)(ii); 28
or 29
42 Section 192J (Court's power on breach of order other than conditional release order)
43 Section 192K (Court's power on breach of conditional release order)
s 98 107 s 98
Juvenile Justice Amendment Bill 2002
(ii) for a conditional release order--deal with the child under 1
section 192K(2). 2
`(4) If the magistrate orders the child to appear before the higher court, 3
the magistrate may commit the child to custody or release the child under 4
part 3 to be brought or to appear before the higher court. 5
`(5) In this section-- 6
"higher court" means the Supreme Court or a Childrens Court judge. 7
`192F General options available to superior court to which child 8
committed for breach 9
`(1) This section applies if-- 10
(a) the chief executive applies to a Childrens Court magistrate under 11
section 192C for a finding that a child has breached a community 12
based order; and 13
(b) under section 192E(3)(a), the magistrate orders the child to 14
appear before the Supreme Court or a Childrens Court judge (the 15
"higher court"); and 16
(c) the higher court is satisfied beyond reasonable doubt of the 17
matter alleged against the child in the chief executive's 18
application. 19
`(2) The higher court may take the following action-- 20
(a) for an order other than a conditional release order--any action 21
allowed by section 192J; 22
(b) for a conditional release order--any action allowed by 23
section 192K. 24
`(3) The proceeding before the higher court must be heard and decided 25
by a judge sitting without a jury. 26
`192G General options available to court before which child found 27
guilty of an indictable offence 28
`(1) This section applies if-- 29
(a) a child commits an indictable offence while the child is subject to 30
a community based order; and 31
(b) a court finds the child guilty of the offence. 32
s 98 108 s 98
Juvenile Justice Amendment Bill 2002
`(2) If the order was made by the court, it may take the following 1
action-- 2
(a) for an order other than a conditional release order--any action 3
allowed by section 192J; 4
(b) for a conditional release order--any action allowed by 5
section 192K. 6
`(3) If the order was not made by the court, it may take the following 7
action-- 8
(a) if it considers that, having regard to the circumstances of the 9
offence, the order should be discharged and the child resentenced 10
for the offence in respect of which the order was made--order 11
the child to appear before the court that made the order or, if it 12
may act under section 192H, act under that section; 13
(b) otherwise-- 14
(i) for an order other than a conditional release order--any 15
action under section 192J other than section 192J(1)(d)(ii); 16
or 17
(ii) for a conditional release order--deal with the child under 18
section 192K(2). 19
`(4) If the court orders the child to appear before another court under 20
subsection (3)(a), it may commit the child to custody or release the child 21
under part 3 to be brought or to appear before the other court. 22
`192H Court may resentence child originally sentenced by lower court 23
`(1) This section applies to a court acting under section 192G(3)(a) in 24
relation to a community based order that it did not make. 25
`(2) If the court is the Supreme Court or a Childrens Court judge and the 26
court that made the order is a Childrens Court magistrate, it may make a 27
sentence order under the following provisions that a Childrens Court 28
magistrate could make in the same circumstances-- 29
(a) for an order other than a conditional release 30
order--section 192J(1)(d)(ii); 31
(b) for a conditional release order--section 192K(1). 32
`(3) A sentence order made under subsection (2)-- 33
s 98 109 s 98
Juvenile Justice Amendment Bill 2002
(a) for the purposes of an appeal, is taken to be a sentence order 1
made on indictment; but 2
(b) for all other purposes, is taken to be a sentence order made by a 3
Childrens Court magistrate. 4
`(4) If the court is the Supreme Court and the court that made the order is 5
a Childrens Court judge, it may make a sentence order under the following 6
provisions that a Childrens Court judge could make in the same 7
circumstances-- 8
(a) for an order other than a conditional release 9
order--section 192J(1)(d)(ii); 10
(b) for a conditional release order--section 192K(1). 11
`(5) A sentence order made under subsection (4) is taken to be a sentence 12
order made by the Childrens Court judge. 13
`192I General options available to court to which child committed for 14
breach by indictable offence 15
`(1) This section applies if a court orders a child to appear before another 16
court under section 192G(3)(a). 17
`(2) The other court may take the following action-- 18
(a) for an order other than a conditional release order--any action 19
allowed by section 192J; 20
(b) for a conditional release order--any action allowed by 21
section 192K. 22
`(3) If the other court is the Supreme Court or Childrens Court judge, the 23
proceeding must be heard and decided by a judge sitting without a jury. 24
`192J Court's power on breach of order other than conditional release 25
order 26
`(1) A court that acts under this section may-- 27
(a) for a probation order--extend the period of the order, but not so 28
that the period by which the order is extended is longer than the 29
s 98 110 s 98
Juvenile Justice Amendment Bill 2002
period for which the order could be made under 1
sections 120(1)(d), 121(1)(a) and 121D(3);44 or 2
(b) for a community service order-- 3
(i) increase the number of community service hours, but not so 4
that the total number of hours is more than the number 5
allowed under section 120(1)(e); or 6
(ii) extend the period within which the community service must 7
be performed, but not so that the extended period ends more 8
than 1 year after the court acts under this section; or 9
(c) for an intensive supervision order--extend the period of the 10
order, but not so that the last day of the order is more than 11
6 months after the court acts under this section; or 12
(d) for any community based order-- 13
(i) vary another requirement of the order other than the 14
requirement that the child abstain from violation of the law; 15
or 16
(ii) discharge the order and resentence the child for the offence 17
for which the order was made as if the child had just been 18
found guilty before the court of that offence; or 19
(iii) on the undertaking of the child to comply in all respects 20
with the order, take no further action. 21
`(2) The court may vary the community based order only if the child 22
expresses a willingness to comply with the order as varied. 23
`(3) An order under subsection (1)(a), (b) or (c) may be made in 24
conjunction with an order under subsection (1)(d)(i). 25
`(4) If the court decides to extend the period of the community based 26
order, the court must have regard to the period for which the child has 27
complied with the order. 28
`(5) An order may be made under this section even though, at the time it 29
is made, the community based order in relation to which the order is made 30
is no longer in force because the period of the community based order has 31
ended. 32
44 Sections 120 (Sentence orders--general), 121 (Sentence orders--serious offences)
and 121D (Combination of detention order and other orders)
s 98 111 s 98
Juvenile Justice Amendment Bill 2002
`(6) For the purpose of subsection (5), the community based order is 1
taken to continue in force until a proceeding under this section is heard and 2
decided. 3
`192K Court's power on breach of conditional release order 4
`(1) A court that acts under this section may revoke the conditional 5
release order and order the child to serve the sentence of detention for 6
which the conditional release order was made. 7
`(2) However, instead of revoking the conditional release order, the court 8
may permit the child a further opportunity to satisfy the requirements of the 9
order and, for that purpose, may-- 10
(a) vary the requirements in a way it considers just; or 11
(b) extend the program period for the order, but not so that the last 12
day of the period is more than 3 months after the court acts under 13
this section. 14
`(3) The onus is on the child to satisfy the court it should permit the child 15
this further opportunity. 16
`(4) If the court decides to extend the program period for the conditional 17
release order, the court must have regard to the period for which the child 18
has complied with the order. 19
`(5) An order may be made under this section even though, at the time it 20
is made, the conditional release order in relation to which the order is made 21
is no longer in force because the period of the conditional release order has 22
ended. 23
`(6) For the purpose of subsection (5), the conditional release order is 24
taken to continue in force until a proceeding under this section is heard and 25
decided. 26
`192L Variation, discharge and resentence in the interests of justice 27
`(1) If a community based order is in force for a child, the child or the 28
chief executive may apply to the court that made the order to-- 29
(a) vary the requirements of the order, other than the requirement 30
that the child abstain from violation of the law; or 31
(b) for an order other than a conditional release order-- 32
(i) discharge the order; or 33
s 98 112 s 98
Juvenile Justice Amendment Bill 2002
(ii) discharge the order and resentence the child for the offence 1
in respect of which the order was made as if the child had 2
just been found guilty before the court of the offence; or 3
(c) for a conditional release order--revoke the order and order the 4
child to serve the sentence of detention for which the conditional 5
release order was made. 6
7
Examples for paragraph (a)--
8
1. An application to extend the period within which the community service is
9
required to be performed under a community service order.
10
2. An application to reduce, without restriction, the number of community service
11
hours under a community service order.
`(2) The applicant must give written notice of the making of the 12
application-- 13
(a) if the application is made by the child--to the chief executive; or 14
(b) if the application is made by the chief executive--to the child. 15
`(3) The court may grant the application if the court considers it would 16
be in the interests of justice, having regard to circumstances that have 17
arisen or become known since the order was made. 18
`(4) The application can not be made on the grounds that the child has 19
contravened the order. 20
`(5) On an application mentioned in subsection (1)(b)(ii), the child can 21
not be resentenced to a greater penalty than would be the case if the 22
balance of the order were served. 23
24
Example of a greater penalty--
25
A penalty that would impose a greater degree of restriction on the child's liberty.
`192M Detention reduced to the extent just 26
`(1) This section applies to a court if, under this division, it revokes a 27
conditional release order and orders a child to serve the period of detention 28
for which the conditional release order was made. 29
`(2) The court must reduce the period of detention by the period the 30
court considers just, having regard to everything done by the child to 31
conform with the conditional release order. 32
s 98 113 s 98
Juvenile Justice Amendment Bill 2002
`192N Matters relevant to making further order 1
`(1) This section applies to a court if, under this division, it discharges a 2
community based order, other than a conditional release order, and 3
resentences the child for the offence in respect of which the order was 4
made. 5
`(2) The court must have regard to-- 6
(a) the reasons for making the order; and 7
(b) anything done by the child in compliance with the order. 8
`192O Affidavits may be used in certain proceedings 9
`(1) In a proceeding before a court under this division, evidence by 10
affidavit of a person having direct knowledge of the facts deposed to is 11
admissible to prove facts material to any question. 12
`(2) The proceeding may be decided on evidence by affidavit alone, 13
unless the court orders, in the interests of justice, that a person who has 14
made an affidavit be called to give evidence in the proceeding. 15
`(3) The court may make an order under subsection (2) of its own 16
initiative or on the application of a party to the proceeding. 17
`(4) This section does not limit another way in which the proceeding 18
may be conducted. 19
`192P Notice of discharge etc. of community based order 20
`If a court in the exercise of jurisdiction under this division affects the 21
terms or operation of a community based order made against a child, it 22
must cause written notice of the exercise of the jurisdiction to be given to-- 23
(a) the child; and 24
(b) the chief executive; and 25
(c) if that court is not the court that made the community based order 26
to which the application for exercise of the jurisdiction 27
applied--the court that made the order. 28
`192Q Variations by consent 29
`(1) This section applies to a community based order, other than a 30
conditional release order, that is in force for a child. 31
s 99 114 s 99
Juvenile Justice Amendment Bill 2002
`(2) The child or the chief executive may apply to the proper officer of 1
the court that made the order to make stated amendments to the 2
requirements of the order. 3
`(3) The application must be accompanied by an affidavit deposing to the 4
fact that the chief executive and the child consent to the proposed 5
amendment of the order. 6
`(4) If the application is made under this section, the proper officer must 7
grant the application by amending the order and noting the amendments on 8
the court's record of the order. 9
`(5) The following amendments may not be made under this section-- 10
(a) an amendment of the requirement that the child abstain from 11
violation of the law; 12
(b) for a community based order other than a community service 13
order--an amendment of the period of the order; 14
(c) for a community service order--an amendment that-- 15
(i) increases the number of community service hours; or 16
(ii) lessens the period within which the community service is 17
required to be performed; 18
(d) an amendment prohibited by the community based order.'. 19
99 Amendment of s 194A (Court may order sentenced child's
Clause 20
identifying particulars to be taken) 21
(1) Section 194A(3)-- 22
omit, insert-- 23
`(3) If the child will not be in custody when the particulars are taken, the 24
order must require the child to report to a police officer at a stated police 25
station between stated hours within 7 days to enable a police officer to take 26
the identifying particulars.'. 27
(2) Section 194A(7)-- 28
omit. 29
(3) Section 194A(8)-- 30
renumber as section 194A(7). 31
s 100 115 s 102
Juvenile Justice Amendment Bill 2002
100 Amendment of s 195 (Civil compensation orders)
Clause 1
Section 195, heading-- 2
omit, insert-- 3
`195 Criminal Offence Victims Act 1995'. 4
101 Amendment of s 203 (Management of detention centres)
Clause 5
(1) Section 203(2)(b), `detention centre officers'-- 6
omit, insert-- 7
`detention centre employees'. 8
(2) Section 203-- 9
insert-- 10
`(4) The chief executive must monitor the operation of the detention 11
centres and inspect each detention centre at least once every 3 months. 12
`(5) Also, as far as reasonably practicable, the chief executive must 13
ensure principles 3, 15, 19 and 20 of the juvenile justice principles are 14
complied with in relation to each child detained in a detention centre. 15
`(6) Subsection (5) does not limit another provision of this Act.'. 16
102 Replacement of s 209 (Child must be given an explanation on
Clause 17
entry to detention centre) 18
Section 209-- 19
omit, insert-- 20
`209 Child must be given information on entry to detention centre 21
`(1) The chief executive must ensure that, as soon as practicable after a 22
child is admitted to a detention centre, the child is given a document 23
containing the following information-- 24
(a) the rules governing the facility; 25
(b) the child's rights and responsibilities under the juvenile justice 26
principles; 27
(c) how, and to whom, the child may make a complaint about a 28
matter relating to the detention; 29
(d) how the child can access legal services during the detention; 30
s 103 116 s 103
Juvenile Justice Amendment Bill 2002
(e) the obligation on a detention centre employee under 1
section 209A to report any harm the child suffers during the 2
detention; 3
(f) any other information the chief executive considers appropriate. 4
`(2) The chief executive must also ensure the information in the 5
document is orally explained to the child in a way, and to an extent, that is 6
reasonable, having regard to the child's age and ability to understand. 7
`209A Obligation to report harm to children in detention centres 8
`(1) If a detention centre employee becomes aware, or reasonably 9
suspects, that a child has suffered harm while detained in a detention 10
centre, the employee must, unless the employee has a reasonable excuse, 11
report the harm or suspected harm to the chief executive-- 12
(a) immediately; and 13
(b) if a regulation is in force under subsection (3)--in accordance 14
with the regulation. 15
Maximum penalty--20 penalty units. 16
`(2) It is immaterial how the harm was caused. 17
`(3) A regulation may prescribe the way the report must be given or the 18
particulars that the report must include. 19
`(4) It is a reasonable excuse for the employee not to report a matter that 20
reporting the matter might tend to incriminate the employee. 21
`(5) Subsection (1) does not apply if the employee knows, or reasonably 22
supposes, that the chief executive is aware of the harm or suspected harm. 23
`(6) In this section-- 24
"harm", to a child, is any detrimental effect of a significant nature on the 25
child's physical, psychological or emotional wellbeing.'. 26
103 Amendment of s 211 (Childrens Court may order transfer to
Clause 27
prison) 28
(1) Section 211(6), `fixed'-- 29
omit, insert-- 30
`supervised'. 31
s 104 117 s 104
Juvenile Justice Amendment Bill 2002
(2) Section 211(6), from `made'-- 1
omit, insert-- 2
`made. 3
`(6A) Subsection (6) does not prevent-- 4
(a) the earlier release of the person under an exceptional 5
circumstances parole order; or 6
(b) the continued custody of the person for the unserved part of any 7
sentence of imprisonment imposed against the person.'. 8
104 Insertion of new ss 213A213B
Clause 9
After section 213-- 10
insert-- 11
`213A Commissioner of police service to provide criminal history 12
`(1) The chief executive may ask the commissioner of the police service 13
to give the chief executive a report about the criminal history of a person 14
visiting, or who has applied to visit, a detention centre. 15
`(2) The commissioner must give the chief executive a written report 16
about the criminal history that-- 17
(a) is in the commissioner's possession; or 18
(b) the commissioner can access through arrangements with the 19
police service of another State. 20
`(3) The information in the report may include a reference to, or a 21
disclosure of, a conviction referred to in the Criminal Law (Rehabilitation 22
of Offenders) Act 1986, section 6.45 23
`(4) In this section-- 24
"criminal history", of a person, means-- 25
(a) the offences of which the person has been convicted; or 26
(b) the court briefs for the offences. 27
45 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of
convictions upon expiration of rehabilitation period)
s 105 118 s 106
Juvenile Justice Amendment Bill 2002
`213AA Use of criminal history information 1
`The chief executive must not use information obtained under 2
section 213A, about a person's criminal history, other than for assessing-- 3
(a) any risk of either of the following being harmed by the person-- 4
(i) a child in a detention centre; 5
(ii) a detention centre employee; or 6
(b) any risk to the security of the detention centre. 7
`213B Helping child gain access to legal practitioner 8
`The chief executive must ensure that, if a child detained in a detention 9
centre asks the chief executive or a detention centre employee for help in 10
gaining access to a legal practitioner, the child is given the help that is 11
reasonable in the circumstances.'. 12
105 Amendment of s 214 (Protection of legal practitioner representing
Clause 13
child) 14
(1) Section 214(2), `member of the staff of the detention centre'-- 15
omit, insert-- 16
`detention centre employee'. 17
(2) Section 214-- 18
insert-- 19
`(3) Subsection (2)(b) does not prevent a detention centre employee from 20
handling the correspondence to the extent necessary to give the child 21
access to it or, at the child's request, to store it in a secure place.'. 22
106 Amendment of s 219 (Escape)
Clause 23
Section 219(2)-- 24
omit. 25
s 107 119 s 109
Juvenile Justice Amendment Bill 2002
107 Omission of ss 220221
Clause 1
Sections 220 and 221-- 2
omit. 3
108 Amendment of s 224AA (Detainees trust fund to be kept)
Clause 4
Section 224AA(3)(c), `fixed'-- 5
omit, insert-- 6
`supervised'. 7
109 Insertion of new pt 6A
Clause 8
After section 224AA-- 9
insert-- 10
`PART 6A--CONFIDENTIALITY 11
`Division 1--Preliminary 12
`224AB Confidential information to which this part applies 13
`(1) This part applies to confidential information relating to a child who 14
is being, or has been, dealt with under this Act. 15
`(2) The ways that a child may be dealt with under this Act include-- 16
(a) being investigated for an offence; and 17
(b) being detained; and 18
(c) participating in a conference; and 19
(d) being cautioned, prosecuted or sentenced for an offence. 20
`(3) This part continues to apply to the information after the child 21
becomes an adult. 22
`(4) This part also applies to confidential information relating to an adult 23
who is being, or has been, dealt with under this Act for a child offence, as if 24
he or she were still a child. 25
s 109 120 s 109
Juvenile Justice Amendment Bill 2002
`224AC Definitions for pt 6A 1
`In this part-- 2
"child offence" means an offence committed, or alleged to have been 3
committed, by a person when he or she was a child. 4
"confidential information", relating to a child, includes-- 5
(a) identifying information about the child; and 6
(b) a report made for the purposes of a court proceeding relating to 7
the child; and 8
(c) a report about the child made for the department or another 9
Government department; and 10
(d) a report about the child given to an agency for the purpose of 11
carrying out the objects of this Act; and 12
(e) information about the child gained by a convenor or coordinator 13
in relation to the convening of a conference; and 14
(f) a record or transcription of a court proceeding relating to the 15
child. 16
"disclose" see section 224AE. 17
`224AD When does someone gain information through involvement in 18
the administration of this Act 19
`(1) Anyone who at any time has been or is any of the following persons 20
is taken to have been, or to be, involved in the administration of this Act-- 21
(a) an officer of the department; 22
(b) a member of the police service; 23
(c) a person investigating a matter under this Act; 24
(d) a coordinator; 25
(e) a convenor convening a conference; 26
(f) a person performing a function in relation to a record or 27
transcription, made under the Recording of Evidence Act 1962, of 28
a proceeding relating to a child; 29
(g) anyone else performing a function under or for a purpose of this 30
Act. 31
s 109 121 s 109
Juvenile Justice Amendment Bill 2002
`(2) A person has gained, gains, or has access to, information through 1
involvement in the administration of this Act if the person has gained, 2
gains, or has access to, the information in the course of the involvement or 3
because of opportunity provided by the involvement. 4
`224AE Meaning of "disclose" for pt 6A 5
`For this part, a person "discloses" information to someone else if the 6
person-- 7
(a) orally discloses the information to the other person; or 8
(b) produces to the other person, or gives the other person access to, 9
a document containing the information; or 10
(c) discloses the information to the other person in another way. 11
`Division 2--Preservation of confidentiality generally 12
`224AF Application 13
`This division applies to a person who has gained, gains, or has access 14
to, confidential information relating to a child through involvement in the 15
administration of this Act. 16
`224AG Preservation of confidentiality 17
`The person must not-- 18
(a) record or use the information, or intentionally disclose it to 19
anyone, other than under this division; or 20
(b) recklessly disclose the information to anyone. 21
Maximum penalty (subject to part 5)--100 penalty units or 2 years 22
imprisonment. 23
`224AH Recording, use or disclosure for authorised purpose 24
`The person may record, use or disclose the information-- 25
(a) for a purpose of this Act; or 26
s 109 122 s 109
Juvenile Justice Amendment Bill 2002
(b) if the person is a member of the police service, for the purpose of 1
the functions of the police service not involving publishing the 2
information; or 3
(c) for the purpose of the Police Powers and Responsibilities Act 4
2000, section 211;46 or 5
(d) for statistical purposes, without revealing, or being likely to 6
reveal, the identity of the child; or 7
(e) when authorised by a court under section 191C; or 8
(f) in compliance with lawful process requiring production of 9
documents or giving of evidence before a court or tribunal; or 10
(g) as expressly permitted or required under another Act; or 11
(h) when authorised under the regulations. 12
`224AI Disclosure to the child or with the child's consent 13
`(1) The person may disclose the information to the child. 14
`(2) The person may disclose the information to someone else if the 15
child consents to the disclosure after being told-- 16
(a) the information to be disclosed; and 17
(b) to whom it is to be disclosed; and 18
(c) the reason for the disclosure. 19
`224AJ Disclosure to Commissioner for Children and Young People 20
`The person may disclose the information to the Commissioner for 21
Children and Young People if a complaint is made to the commissioner 22
under the Commission for Children and Young People Act 2000 and-- 23
(a) the disclosure is made in compliance with a notice from the 24
commissioner requiring the disclosure; or 25
(b) the commissioner refers the complaint to the department and the 26
disclosure is made in giving the commissioner a report about an 27
investigation of the complaint or other information relating to the 28
complaint; or 29
46 Police Powers and Responsibilities Act 2000, section 211 (Additional case when
arrest for minor drugs offence may be discontinued)
s 109 123 s 109
Juvenile Justice Amendment Bill 2002
(c) the disclosure is made in response to a notice from the 1
commissioner inviting the department to make a written 2
submission about the complaint. 3
`224AK Disclosure to ensure someone's safety 4
`(1) The chief executive may give written authority to a person to 5
disclose confidential information if the chief executive is satisfied the 6
disclosure is necessary to ensure a person's safety. 7
`(2) The authorised person may disclose the information under the 8
authority. 9
`224AL Disclosure by chief executive to approved foster carers and 10
others 11
`If the child has been, or is being, placed in care under the Child 12
Protection Act 1999, section 82,47 the chief executive may disclose the 13
information to-- 14
(a) for a placement in the care of a licensed care service--a person 15
conducting the service; or 16
(b) for a placement in the care of an approved foster carer or other 17
person--the approved foster carer or other person, or a person 18
coordinating the placement. 19
`224AM Disclosure to law enforcement entity in another jurisdiction 20
`(1) The person may disclose the information to an officer of a 21
department of another State responsible for the administration or 22
enforcement of a law about child offenders. 23
`(2) Subsection (1) does not apply to the disclosure, by a member of the 24
police service, of information mentioned in section 224AN(1). 25
47 Child Protection Act 1999, section 82 (Placing child in care)
s 109 124 s 109
Juvenile Justice Amendment Bill 2002
`224AN Disclosure by police of information about cautions and youth 1
justice conferences and agreements 2
`(1) This section applies if the confidential information is information 3
that identifies a child, or is likely to lead to the identification of a child, as a 4
child who-- 5
(a) is to be or has been cautioned for an offence; or 6
(b) has been referred to a conference; or 7
(c) has made a conference agreement. 8
`(2) A member of the police service may disclose the information to-- 9
(a) a parent of the child; or 10
(b) a complainant for the offence; or 11
(c) the chief executive; or 12
(d) a member of a police service of the Commonwealth or another 13
State dealing with the child; or 14
(e) a legal practitioner acting for the child; or 15
(f) a person who has the function of investigating offences under an 16
Act and who is dealing with the child; or 17
(g) a coordinator. 18
`(3) Subsection (2)(d) applies to information that is inadmissible in a 19
proceeding against the child in Queensland only if the information is also 20
inadmissible in a proceeding against the child in the Commonwealth or 21
other State. 22
`(4) Also, a member of the police service may disclose the information to 23
a person undertaking research if-- 24
(a) the research has been approved by the commissioner of the 25
police service for the purpose of the disclosure; and 26
(b) the person gives a written undertaking to preserve the 27
confidentiality of the information and the anonymity of the 28
person to whom the information relates. 29
`(5) A person to whom information is disclosed under subsection (4) 30
must not contravene the undertaking. 31
Maximum penalty (subject to part 5)--100 penalty units or 2 years 32
imprisonment. 33
s 109 125 s 109
Juvenile Justice Amendment Bill 2002
`(6) The commissioner of the police service may approve research for 1
subsection (4) if the commissioner is satisfied the research is genuine. 2
`224AO Disclosure by coordinator or convenor of information about 3
conference agreements 4
`(1) This section applies if the confidential information is information 5
gained by a coordinator or convenor in the convening of a conference. 6
`(2) The coordinator or convenor may record, disclose or use the 7
information-- 8
(a) for a report to a referring police officer or court under 9
section 30D(7);48 or 10
(b) with the agreement of all the parties to the conference; or 11
(c) for this or another Act; or 12
(d) for statistical purposes without revealing, or being likely to 13
reveal, the identity of a person to whom the information relates; 14
or 15
(e) for an inquiry or proceeding about an offence happening in the 16
conduct of the conference. 17
`224AP Disclosure by chief executive of information for research 18
purposes 19
`(1) The chief executive may disclose the information to a person 20
undertaking research if-- 21
(a) the chief executive is satisfied the research is genuine; and 22
(b) the person gives a written undertaking to preserve the 23
confidentiality of the information and the anonymity of the 24
person to whom the information relates. 25
`(2) The person must not contravene the undertaking. 26
Maximum penalty for subsection (2) (subject to part 5)--100 penalty units 27
or 2 years imprisonment. 28
48 Section 30D (Convening of a conference)
s 109 126 s 109
Juvenile Justice Amendment Bill 2002
`Division 3--Confidentiality in relation to proceedings 1
`224AQ Disclosure of information to court or tribunal 2
`(1) A person is not required to disclose confidential information relating 3
to a child, or the identity of a detention centre employee who has made a 4
report to the chief executive under section 209A,49 to a court or tribunal 5
unless the court or tribunal orders the disclosure. 6
`(2) A court or tribunal may order the disclosure only if it considers the 7
disclosure-- 8
(a) is necessary for a purpose of this Act; or 9
(b) would be in the interests of justice. 10
`224AR Production of department's records 11
`(1) This section applies if a party to a proceeding in a court or tribunal 12
requires, under applicable rules-- 13
(a) the chief executive to produce to the court, tribunal or party a 14
document in the department's records under this Act in relation 15
to a child; or 16
(b) a government entity to produce to the court, tribunal or party a 17
document mentioned in paragraph (a) that has been given to the 18
entity under division 2. 19
`(2) The requirement must describe the document to be produced-- 20
(a) by reference to the person or persons to whom it relates; and 21
(b) by general reference to the circumstances to which it relates; and 22
(c) by stating the period to which the requirement relates. 23
`(3) For subsection (2)(b), the requirement must show the circumstances 24
to be relevant to the proceeding. 25
`(4) A person must not, directly or indirectly, disclose or make use of 26
information obtained under the requirement other than for a purpose 27
connected with the proceeding. 28
49 Section 209A (Obligation to report harm to children in detention centres)
s 109 127 s 109
Juvenile Justice Amendment Bill 2002
Maximum penalty (subject to part 5)--100 penalty units or 2 years 1
imprisonment. 2
`(5) Despite any Act to the contrary, if a document in the department's 3
records under this Act about a child is produced in a proceeding in a court, 4
an officer of the court must not make the document available for inspection 5
to any person other than a party to the proceeding or a party's legal 6
representative. 7
Maximum penalty for subsection (5) (subject to part 5)--50 penalty units 8
or 1 year's imprisonment. 9
`Division 4--Other matters relating to confidential information 10
`224AS Identity of officer making a report under s 209A 11
`(1) This section applies if a detention centre employee makes a report to 12
the chief executive under section 209A.50 13
`(2) The person who receives the report, or a person who becomes aware 14
of the officer's identity, must not disclose the officer's identity to another 15
person unless-- 16
(a) the disclosure is made in the course of performing functions 17
under this Act; or 18
(b) the disclosure is expressly permitted or required under an Act. 19
Maximum penalty for subsection (2) (subject to part 5)--40 penalty units. 20
`224AT Prohibition of publication of identifying information about a 21
child 22
`(1) A person must not publish identifying information about a child. 23
Maximum penalty (subject to part 5)-- 24
(a) for an individual--100 penalty units or 2 years imprisonment; or 25
(b) for a corporation--1 000 penalty units. 26
`(2) Subsection (1) does not apply to-- 27
(a) publication in a way permitted by a court order; or 28
50 Section 209A (Obligation to report harm to children in detention centres)
s 110 128 s 111
Juvenile Justice Amendment Bill 2002
(b) publication under written authority given under subsection (3). 1
`(3) The chief executive may give written authority to a person to publish 2
identifying information about a child if the chief executive is satisfied the 3
publication is necessary to ensure a person's safety.'. 4
110 Amendment of s 224A (Programs and services for children)
Clause 5
(1) Section 224A-- 6
insert-- 7
`(4) The chief executive must monitor the operation of each program and 8
service to ensure it achieves the purpose for which it was established in a 9
way that complies with the juvenile justice principles. 10
`(5) The chief executive may exercise a power under subsection (1) 11
or (2) in or outside Queensland or Australia.'. 12
(2) Section 224A-- 13
renumber as section 224AU. 14
111 Insertion of new s 224AV
Clause 15
After section 224AU (as renumbered)-- 16
insert-- 17
`224AV Chief executive must collect and keep information 18
`(1) The chief executive must-- 19
(a) collect the information prescribed under a regulation about 20
children dealt with under this Act; and 21
(b) keep the information for the time prescribed under a regulation. 22
`(2) A regulation may also provide for requirements about giving reports 23
about the information or publishing the information. 24
`(3) Subsection (2) applies subject to section 224AT.51'. 25
51 Section 224AT (Prohibition of publication of identifying information about a child)
s 112 129 s 115
Juvenile Justice Amendment Bill 2002
112 Omission of s 226 (Preservation of confidentiality)
Clause 1
Section 226-- 2
omit. 3
113 Amendment of s 233 (Regulations)
Clause 4
Section 233(2), `the schedule'-- 5
omit, insert-- 6
`schedule 2'. 7
114 Amendment of s 236 (Application of Act to matters before
Clause 8
Juvenile Justice Legislation Amendment Act 1996) 9
After section 236(2)(c)-- 10
insert-- 11
12
`Note--
13
Sections 18N and 18O commenced on 15 August 1996 and were repealed by the Juvenile
14
Justice Amendment Act 2002.'.
115 Insertion of new pt 8, div 3
Clause 15
Part 8, after division 2-- 16
insert-- 17
`Division 3--Transitional provisions for the Juvenile Justice Amendment 18
Act 2002 19
`Subdivision 1--Interpretation 20
`241 Definitions for pt 8, div 3 21
`In this division-- 22
"amending Act" means the Juvenile Justice Amendment Act 2002. 23
"amendment" means an amendment carried out by the amending Act. 24
"amendment provision" means a provision of the amending Act. 25
s 115 130 s 115
Juvenile Justice Amendment Bill 2002
"community conference" means a community conference as defined 1
under the Act immediately before the relevant commencement. 2
"community conference agreement" means a community conference 3
agreement as defined under the Act immediately before the relevant 4
commencement. 5
"community conference convenor" means a community conference 6
convenor as defined under the Act immediately before the relevant 7
commencement. 8
"current" means-- 9
(a) for a provision or Act--as in existence immediately before the 10
relevant commencement; or 11
(b) for a decision, warning, notification or document--in effect 12
immediately before the relevant commencement; or 13
(c) for an order or warrant--in force immediately before the relevant 14
commencement; or 15
(d) for a proceeding--started but not completed before the relevant 16
commencement. 17
"new", for a provision or Act, means as in existence from the relevant 18
commencement. 19
"relevant commencement"-- 20
(a) for the definitions "community conference", "community 21
conference agreement" and "community conference convenor" 22
in this section, means the commencement of the definitions 23
"youth justice conference", "youth justice conference 24
agreement" and "youth justice conference convenor" under 25
section 5 of the amending Act; or 26
(b) for other definitions in this section, means the relevant 27
commencement as defined in the provision for which the 28
definition is being applied. 29
`Subdivision 2--References 30
`242 References to community conference 31
`(1) This section applies-- 32
s 115 131 s 115
Juvenile Justice Amendment Bill 2002
(a) from the relevant commencement; and 1
(b) to any current Act, community conference agreement or other 2
instrument or document; and 3
(c) to any new Act, youth justice conference agreement or other 4
instrument or document. 5
`(2) A reference to a community conference, a community conference 6
agreement or a community conference convenor, may, if the context 7
permits, be taken to include a reference to a youth justice conference, a 8
youth justice conference agreement and a youth justice conference 9
convenor (or coordinator). 10
`(3) A reference to a youth justice conference, a youth justice conference 11
agreement or a youth justice conference convenor (or coordinator), may, if 12
the context permits, be taken to include a reference to a community 13
conference, a community conference agreement and a community 14
conference convenor. 15
`(4) In this section-- 16
"relevant commencement" means the commencement of section 7 of the 17
amending Act to the extent it inserts section 30C in this Act. 18
`243 References to immediate release orders and fixed release orders 19
`(1) From the relevant commencement, a reference in a current Act or 20
document to an immediate release order may, if the context permits, be 21
taken to include a reference to a conditional release order. 22
`(2) From the relevant commencement, a reference in a current Act or 23
document to a fixed release order may, if the context permits, be taken to 24
include a reference to a supervised release order. 25
`(3) In this section-- 26
"relevant commencement" means the commencement of-- 27
(a) for subsection (1)--section 86 of the amending Act; or 28
(b) for subsection (2)--the section 94 of the amending Act. 29
s 115 132 s 115
Juvenile Justice Amendment Bill 2002
`244 References to attendance notices 1
`(1) From the relevant commencement, a reference in a current Act or 2
document to an attendance notice may, if the context permits, be taken to 3
include a reference to a notice to appear. 4
`(2) An attendance notice issued under the current Act is, for all 5
proceedings taken on the notice from the relevant commencement, taken to 6
be a notice to appear issued under the Police Powers and Responsibilities 7
Act 2000, section 214. 8
`(3) In this section-- 9
"relevant commencement" means the commencement of section 9 of the 10
amending Act. 11
`Subdivision 3--Investigation provisions 12
`245 Statements 13
`(1) From the relevant commencement, new part 1A, division 5 applies 14
to all statements to which it is expressed to apply made after the relevant 15
commencement, whether or not the offence to which the statement relates 16
was committed before or after the relevant commencement. 17
`(2) In this section-- 18
"relevant commencement" means the commencement of section 7 of the 19
amending Act to the extent it inserts part 1A, division 5 in this Act. 20
`246 Identifying particulars 21
`From the relevant commencement, new part 1A, division 4 may be 22
relied on by a police officer to make an application in relation to any charge 23
to which it is expressed to apply-- 24
(a) whether the charge relates to an offence committed before or 25
after the relevant commencement; and 26
(b) whether or not an application has already been made under 27
current part 1B, division 2. 28
`(2) In this section-- 29
"relevant commencement" means the commencement of section 7 of the 30
amending Act to the extent it inserts part 1A, division 4 in this Act. 31
s 115 133 s 115
Juvenile Justice Amendment Bill 2002
`Subdivision 4--Cautions and community conferences 1
`247 Cautioning 2
`(1) From the relevant commencement, new part 1A, division 2 applies 3
to a police officer for the purpose of giving a caution after the relevant 4
commencement, whether the offence was committed before or after the 5
relevant commencement. 6
`(2) In this section-- 7
"relevant commencement" means the commencement of section 7 of the 8
amending Act to the extent it inserts part 1A, division 2 in this Act. 9
`248 Community conferencing 10
`(1) From the relevant commencement, new part 1A, division 3, new 11
part 1B and new part 5, division 1A apply in relation to an offence, even if 12
the offence was-- 13
(a) committed before the relevant commencement; or 14
(b) referred for a community conference before the relevant 15
commencement. 16
`(2) If a community conference agreement is made before the relevant 17
commencement, from the relevant commencement-- 18
(a) the agreement is taken to be a youth justice conference 19
agreement; and 20
(b) the child who made the agreement is, in relation to the 21
agreement, subject to the provisions of this Act about youth 22
justice conference agreements as if the agreement were made 23
after the relevant commencement. 24
`(3) If-- 25
(a) before the relevant commencement-- 26
(i) an offence was referred to a community conference; and 27
(ii) any possible procedure relating to the reference had not 28
been finalised; and 29
(b) subsection (2) does not apply; 30
s 115 134 s 115
Juvenile Justice Amendment Bill 2002
from the relevant commencement, the provisions of the new Act apply as if 1
the offence had been referred for a youth justice conference after the 2
relevant commencement. 3
`(4) The amending Act has no effect on the validity of anything done in 4
relation to the referral under the current Act and no step in the process of a 5
referral is required to be taken again because of the amending Act. 6
`(5) In this section-- 7
"relevant commencement" means the commencement of section 7 of the 8
amending Act to the extent it inserts part 1A, division 3 and part 1B in 9
this Act and the commencement of sections 55 to 63 of the amending 10
Act. 11
`Subdivision 5--Start of proceedings 12
`249 Start of proceedings by a police officer 13
`(1) From the relevant commencement, new part 1A, division 1 and the 14
Police Powers and Responsibilities Act 2000, chapter 6 apply to a police 15
officer in relation to the start of proceedings against a child even if the 16
offence was committed before the relevant commencement. 17
`(2) Subsection (1) does not affect anything done by a police officer 18
before the relevant commencement. 19
`(3) In this section-- 20
"relevant commencement" means the commencement of section 7 of the 21
amending Act to the extent it inserts part 1A, division 1 in this Act. 22
`Subdivision 6--Bail and custody of children 23
`250 Police decision about bail or a related matter 24
`(1) From the relevant commencement, a current decision that was made 25
under the Bail Act 1980, section 752 in relation to a child is taken to have 26
been made under section 39. 27
52 Bail Act 1980, section 7 (Power of police officer to grant bail)
s 115 135 s 115
Juvenile Justice Amendment Bill 2002
`(2) If the decision was to release the child on bail, the bail is taken to 1
have been granted under section 40A. 2
`(3) In this section-- 3
"relevant commencement" means the commencement of section 123 of 4
the amending Act. 5
`Subdivision 7--Jurisdiction and proceedings 6
`251 Generally in relation to new pt 4 7
`(1) Unless otherwise provided, a provision of new part 4 applies from 8
the relevant commencement to all proceedings to which it is stated to 9
apply-- 10
(a) whether current or otherwise; and 11
(b) whether the proceeding relates to an offence committed before or 12
after the commencement; and 13
(c) whether or not the proceeding follows any form of appeal or 14
review. 15
`(2) In this section-- 16
"relevant commencement" means the commencement of section 26 of the 17
amending Act. 18
`252 Transitional provision for current pt 4, divs 25 19
`(1) This section applies to a committal proceeding, after the relevant 20
commencement, in which a child appears charged with an indictable 21
offence before a Childrens Court magistrate if, before the relevant 22
commencement, evidence had already been adduced in the proceeding. 23
`(2) If all the evidence to be adduced by the prosecution (the 24
"prosecution evidence") had not been adduced before the relevant 25
commencement-- 26
(a) the proceeding must continue under current part 4 until all the 27
prosecution evidence has been adduced; and 28
(b) after all the prosecution evidence has been adduced, the 29
proceeding must continue under the new part 4, divisions 3 30
to 4C. 31
s 115 136 s 115
Juvenile Justice Amendment Bill 2002
`(3) New part 4, division 4 applies without exception, as provided under 1
section 251. 2
`(4) If all the prosecution evidence had been adduced before the relevant 3
commencement, but all the evidence to be adduced at the proceeding has 4
not been adduced-- 5
(a) the proceeding must continue under current part 4 until all the 6
evidence has been adduced; and 7
(b) after all the evidence has been adduced, the proceeding must 8
continue under the new part 4, divisions 4A to 4C. 9
`(5) If a child has been committed to be tried or sentenced before any 10
court before the relevant commencement, current part 4 continues to apply 11
to the proceedings before that court. 12
`(6) In this section-- 13
"relevant commencement", means the commencement of section 26 of 14
the amending Act. 15
`253 Transitional provision for appeals under Justices Act 1886, pt 9, 16
div 1 17
`(1) This section applies to a Childrens Court judge appeal under the 18
Justices Act 1886, part 9, division 1, made to a District Court judge-- 19
(a) before the relevant commencement and not decided at the 20
relevant commencement; or 21
(b) within 28 days after the relevant commencement. 22
`(2) The District Court judge has jurisdiction to hear and decide the 23
appeal, despite section 87C(4).53 24
`(3) In this section-- 25
"Childrens Court judge appeal" means an appeal under the Justices Act 26
1886, part 9, division 1 that, after the relevant commencement, may 27
only be made to the Childrens Court judge. 28
"relevant commencement" means the commencement of section 30 of the 29
amending Act to the extent it inserts new section 87C in this Act. 30
53 Section 87C (Appeals under Justices Act 1886, pt 9, div 1)
s 115 137 s 115
Juvenile Justice Amendment Bill 2002
`254 Child offender who becomes an adult 1
`(1) Sections 104A, 104B, 104C and 104D(2) apply only to a remand by 2
a court after the relevant commencement. 3
`(2) Sections 104A(3) and 104D(3) apply only to a term of 4
imprisonment or period of detention to which the offender is sentenced 5
after the relevant commencement. 6
`(3) In this section-- 7
"relevant commencement" means the commencement of section 42 of the 8
amending Act. 9
`Subdivision 8--Sentencing 10
`255 Sentencing generally 11
`(1) From the commencement of any amendment of part 5, division 1, 12
part 5, division 1 as amended applies in relation to an offence even if the 13
offence was committed before the commencement. 14
`(2) Subsection (1) has no effect on anything done, in relation to the 15
offence, under a provision of part 5, division 1 before it was amended. 16
`256 Current community based orders made by District Court 17
`(1) For part 5, division 8A,54 a community based order made by the 18
District Court before the relevant commencement is taken, from the 19
relevant commencement, to have been made by a Childrens Court judge. 20
(2) In this section-- 21
"relevant commencement" means the commencement of section 98 of the 22
amending Act. 23
`257 Contravention of a current probation order 24
`(1) A current warning given by the chief executive under section 134(1), 25
relating to a contravention of a probation order, is taken, from the relevant 26
commencement, to have been given under section 192B. 27
54 Part 5 (Sentencing), division 8A (Contravention of community based orders and
related matters)
s 115 138 s 115
Juvenile Justice Amendment Bill 2002
`(2) A current complaint and summons served under section 134, 1
relating to an application made or proposed to be made under that section, 2
is taken, from the relevant commencement, to have been served under 3
section 192C. 4
`(3) A current warrant issued under section 134 is taken, from the 5
relevant commencement, to have been issued under section 192C. 6
`(4) A current order made under section 135(4) is taken, from the 7
relevant commencement, to have been made under section 192E(3)(a). 8
`(5) A current order made under section 137(4)(c) is taken, from the 9
relevant commencement, to have been made under section 192G(3)(a). 10
`(6) A current notification given under section 141(2), relating to an 11
application made or proposed to be made under that section, is taken, from 12
the relevant commencement, to have been given under section 192L(2). 13
`(7) In this section-- 14
"relevant commencement" means the commencement of section 98 of the 15
amending Act. 16
`258 Cumulative effect of child and adult community service orders 17
`(1) Section 151A(2) applies only to an order mentioned in 18
section 151A(1)(a) made after the relevant commencement. 19
`(2) In this section-- 20
"relevant commencement" means the commencement of section 76 of the 21
amending Act. 22
`259 Contravention of a community service order 23
`(1) A current warning given by the chief executive under section 153(1), 24
relating to a contravention of a community service order, is taken, from the 25
relevant commencement, to have been given under section 192B. 26
`(2) A current complaint and summons served under section 153, 27
relating to an application made or proposed to be made under that section, 28
is taken, from the relevant commencement, to have been served under 29
section 192C. 30
`(3) A current warrant issued under section 153 is taken, from the 31
relevant commencement, to have been issued under section 192C. 32
s 115 139 s 115
Juvenile Justice Amendment Bill 2002
`(4) A current order made under section 154(4) is taken, from the 1
relevant commencement, to have been made under section 192E(3)(a). 2
`(5) A current notification given under section 158(2) relating to an 3
application made or proposed to be made under that section, is taken, from 4
the relevant commencement, to have been given under section 192L(2). 5
`(6) In this section-- 6
"relevant commencement" means the commencement of section 98 of the 7
amending Act. 8
`260 Contravention of a conditional release order 9
`(1) A current warrant issued under section 183 is taken, from the 10
relevant commencement, to have been issued under section 192C. 11
`(2) A current order made under section 185(5) is taken, from the 12
relevant commencement, to have been made under section 192G(3)(a). 13
`(3) A current notification given under section 186(2), relating to an 14
application made or proposed to be made under that section, is taken, from 15
the relevant commencement, to have been given under section 192L(2). 16
`(4) In this section-- 17
"relevant commencement" means the commencement of section 98 of the 18
amending Act. 19
`261 Contravention of community based orders generally 20
`(1) Part 5, division 8A applies to a contravention of a community based 21
order whether the contravention happened before or after the relevant 22
commencement. 23
`(2) Without limiting this subdivision-- 24
(a) a current proceeding under this Act, relating to a contravention of 25
a community based order, may be continued and finished as if it 26
had been started under part 5, division 8A; and 27
(b) a current order made under this Act, relating to a contravention of 28
a community based order, continues in force as if it had been 29
made under part 5, division 8A. 30
`(3) In this section-- 31
s 115 140 s 115
Juvenile Justice Amendment Bill 2002
"relevant commencement" means the commencement of section 98 of the 1
amending Act. 2
`Subdivision 9--Renumbering 3
`262 Renumbering of Act 4
`(1) The provisions of this Act are amended by numbering and 5
renumbering them in the same way as a reprint may be numbered and 6
renumbered under the Reprints Act 1992, section 43. 7
`(2) Subsection (1) applies to a provision of this Act enacted or 8
otherwise affected (a "relevant provision") by a provision of an amending 9
Act enacted but uncommenced when subsection (1) is commenced (the 10
"uncommenced provision"), with the following intent for the relevant 11
provision-- 12
(a) if the number of the relevant provision would have changed 13
under subsection (1) had the uncommenced provision 14
commenced-- 15
(i) a number is allocated to the relevant provision as if the 16
uncommenced provision had commenced; and 17
(ii) when the uncommenced provision commences, the number 18
of the relevant provision is amended by omitting it and 19
inserting the number allocated to it under subparagraph (i); 20
(b) if the relevant provision would have been omitted or relocated 21
had the uncommenced provision commenced, its number 22
remains the same as it was before the commencement of 23
subsection (1) until the omission or relocation takes effect. 24
`(3) Without limiting the Reprints Act 1992, section 43(4), each 25
reference in this Act, and each reference in another Act mentioned in 26
schedule 3, to a provision of this Act renumbered under subsection (1), is 27
amended, when the renumbering happens, by omitting the reference to the 28
previous number and inserting the new number. 29
`(4) This section and schedule 3 expire the day after the commencement 30
into effect of the last renumbering done under the section. 31
`(5) In this section-- 32
"amending Act" means an Act that amends this Act.'. 33
s 116 141 s 117
Juvenile Justice Amendment Bill 2002
116 Amendment of schedule (Regulation making power)
Clause 1
(1) Schedule, item 2, `community'-- 2
omit. 3
(2) Schedule, item 2, paragraph (a), `and conduct'-- 4
omit. 5
(3) Schedule, item 2, paragraph (b), `convenor'-- 6
omit, insert-- 7
`coordinator or convenor'. 8
(4) Schedule, item 2-- 9
insert-- 10
`(f) functions of coordinators and convenors not otherwise expressed 11
in this Act.'. 12
(4) Schedule, item 5, `and immediate'-- 13
omit, insert-- 14
`, intensive supervision orders and conditional'. 15
(5) Schedule-- 16
renumber as schedule 2. 17
117 Insertion of new sch 1
Clause 18
Before schedule 2 (as renumbered)-- 19
insert-- 20
`SCHEDULE 1 21
`CHARTER OF JUVENILE JUSTICE PRINCIPLES 22
section 4 23
1. The community should be protected from offences. 24
2. The youth justice system should uphold the rights of children, keep 25
them safe and promote their physical and mental wellbeing. 26
s 117 142 s 117
Juvenile Justice Amendment Bill 2002
3. A child being dealt with under this Act should be-- 1
(a) treated with respect and dignity, including while the child is in 2
custody; and 3
(b) encouraged to treat others with respect and dignity, including 4
courts, persons administering this Act and other children being 5
dealt with under this Act. 6
4. Because a child tends to be vulnerable in dealings with a person in 7
authority, a child should be given the special protection allowed by this Act 8
during an investigation or proceeding in relation to an offence committed, 9
or allegedly committed, by the child. 10
5. If a child commits an offence, the child should be treated in a way that 11
diverts the child from the courts' criminal justice system, unless the nature 12
of the offence and the child's criminal history indicate that a proceeding for 13
the offence should be started. 14
6. A child being dealt with under this Act should have procedures and 15
other matters explained to the child in a way the child understands. 16
7. If a proceeding is started against a child for an offence-- 17
(a) the proceeding should be conducted in a fair, just and timely 18
way; and 19
(b) the child should be given the opportunity to participate in and 20
understand the proceeding. 21
8. A child who commits an offence should be-- 22
(a) held accountable and encouraged to accept responsibility for the 23
offending behaviour; and 24
(b) dealt with in a way that will give the child the opportunity to 25
develop in responsible, beneficial and socially acceptable ways; 26
and 27
(c) dealt with in a way that strengthens the child's family. 28
9. A victim of an offence committed by a child should be given the 29
opportunity to participate in the process of dealing with the child for the 30
offence in a way allowed by the law. 31
10. A parent of a child should be encouraged to fulfil the parent's 32
responsibility for the care and supervision of the child, and supported in the 33
parent's efforts to fulfil this responsibility. 34
s 117 143 s 117
Juvenile Justice Amendment Bill 2002
11. A decision affecting a child should, if practicable, be made and 1
implemented within a timeframe appropriate to the child's sense of time. 2
12. A person making a decision relating to a child under this Act should 3
consider the child's age, maturity and, where appropriate, cultural and 4
religious beliefs and practices. 5
13. If practicable, a child of Aboriginal or Torres Strait Islander 6
background should be dealt with in a way that involves the child's 7
community. 8
14. Programs and services established under this Act for children 9
should-- 10
(a) be culturally appropriate; and 11
(b) promote their health and self respect; and 12
(c) foster their sense of responsibility; and 13
(d) encourage attitudes and the development of skills that will help 14
the children to develop their potential as members of society. 15
15. A child being dealt with under this Act should have access to legal 16
and other support services, including services concerned with advocacy 17
and interpretation. 18
16. A child should be dealt with under this Act in a way that allows the 19
child to be reintegrated into the community. 20
17. A child should be detained in custody for an offence, whether on 21
arrest or sentence, only as a last resort and for the least time that is justified 22
in the circumstances. 23
18. A child detained in custody should only be held in a facility suitable 24
for children. 25
19. While a child is in detention, contacts should be fostered between the 26
child and the community. 27
20. A child who is detained in a detention centre under this Act-- 28
(a) should be provided with a safe and stable living environment; 29
and 30
(b) should be helped to maintain relationships with the child's family 31
and community; and 32
(c) should be consulted about, and allowed to take part in making, 33
decisions affecting the child's life (having regard to the child's 34
age or ability to understand), particularly decisions about-- 35
s 118 144 s 118
Juvenile Justice Amendment Bill 2002
(i) the child's participation in programs at the detention centre; 1
and 2
(ii) contact with the child's family; and 3
(iii) the child's health; and 4
(iv) the child's schooling; and 5
(d) should be given information about decisions and plans about the 6
child's future while in the chief executive's custody (having 7
regard to the child's age or ability to understand and the security 8
and safety of the child, other persons and property); and 9
(e) should be given privacy that is appropriate in the circumstances 10
including, for example, privacy in relation to the child's personal 11
information; and 12
(g) should have access to dental, medical and therapeutic services 13
necessary to meet the child's needs; and 14
(h) should have access to education appropriate to the child's age 15
and development; and 16
(i) should receive appropriate help in making the transition from 17
being in detention to independence. 18
19
Example for paragraph (i)--
20
Help in gaining access to training or finding suitable employment.'.
118 Insertion of new schs 3 and 4
Clause 21
After schedule 2 (as renumbered)-- 22
insert-- 23
s 118 145 s 118
Juvenile Justice Amendment Bill 2002
`SCHEDULE 3 1
`RENUMBERED CROSS REFERENCES 2
section 262 3
BAIL ACT 1980 4
1. Section 6, definition "child" 5
2. Section 12(1) 6
3. Section 14(2) 7
4. Section 15 8
5. Section 19B(2) and (7) 9
6. Section 19C(1) and (6) 10
7. Section 20(3)(b)(i), (3A)(b)(i) and (6)(c)(ii) 11
8. Section 28A(1)(ea) 12
COMMISSION FOR CHILDREN AND YOUNG PEOPLE 13
ACT 2000 14
1. Section 32(e) 15
2. Schedule 4, definition "detention centre" 16
CRIMINAL CODE 17
1. Section 669A(6) 18
s 118 146 s 118
Juvenile Justice Amendment Bill 2002
CRIMINAL OFFENCE VICTIMS ACT 1995 1
1. Section 14(4)(b) 2
2. Section 15(4)(c) 3
3. Section 18(3)(c) 4
DISTRICT COURT OF QUEENSLAND ACT 1967 5
1. Section 61A 6
EVIDENCE ACT 1977 7
1. Section 39B(4) 8
2. Section 39C, definition "external location" 9
3. Section 132C(5), definition "allegation of fact", paragraph (b) 10
FREEDOM OF INFORMATION ACT 1992 11
1. Schedule 1 12
JUSTICES ACT 1886 13
1. Section 222(1) 14
s 118 147 s 118
Juvenile Justice Amendment Bill 2002
MENTAL HEALTH ACT 2000 1
1. Schedule 2, definitions "child", "detention centre officer" and "parole" 2
POLICE POWERS AND RESPONSIBILITIES ACT 2000 3
1. Section 198(3) 4
2. Section 220(6) 5
3. Schedule 4, definitions "detention centre" and "detention order" 6
YOUNG OFFENDERS (INTERSTATE TRANSFER) ACT 7
1987 8
1. Section 3, definition "young offender", paragraph (b) 9
2. Section 10(2)(a)(ii) 10
3. Section 13(c)(i) and (ii) 11
`SCHEDULE 4 12
`DICTIONARY 13
section 5'. 14
s 119 148 s 121
Juvenile Justice Amendment Bill 2002
PART 3--AMENDMENT OF ACTS INTERPRETATION 1
ACT 1954 2
119 Act amended in pt 3
Clause 3
This part amends the Acts Interpretation Act 1954. 4
120 Amendment of s 36 (Meaning of commonly used words and
Clause 5
expressions) 6
Section 36-- 7
insert-- 8
` "Childrens Court judge" means -- 9
(a) a District Court judge appointed as a Childrens Court judge; or 10
(b) a District Court judge when constituting a Childrens Court under 11
the Childrens Court Act 1992, section 5(2)(b). 12
"Childrens Court magistrate" means-- 13
(a) a magistrate appointed as a Childrens Court magistrate; or 14
(b) a magistrate or 2 justices of the peace when constituting a 15
Childrens Court under the Childrens Court Act 1992, 16
section 5(3)(b) or (c).'. 17
PART 4--AMENDMENT OF BAIL ACT 1980 18
121 Act amended in pt 4
Clause 19
This part amends the Bail Act 1980. 20
s 122 149 s 124
Juvenile Justice Amendment Bill 2002
122 Amendment of s 6 (Definitions)
Clause 1
Section 6-- 2
insert-- 3
` "child" see the Juvenile Justice Act 1992, schedule 4. '. 55
4
123 Amendment of s 7 (Power of police officer to grant bail)
Clause 5
(1) Section 7(1A)(b)(ii), `if the person is not a child--'-- 6
omit. 7
(2) Section 7(1A)(b)(iii)-- 8
omit. 9
(3) Section 7(4), `or the serving on a person of an attendance notice'-- 10
omit. 11
(4) Section 7-- 12
insert-- 13
`(5A) This section does not apply if the arrested person is a child. '. 56
14
(5) Section 7(6), definitions "attendance notice" and "child"-- 15
omit. 16
124 Amendment of s 11A (Release of intellectually impaired person)
Clause 17
Section 11A(1) and (5), after `this Act'-- 18
insert-- 19
`or the Juvenile Justice Act 1992'. 20
55 Juvenile Justice Act 1992, schedule 4--
"child" means--
(a) a person who has not turned 17 years; or
(b) after a day fixed under section 6--a person who has not turned 18 years.
56 See the Juvenile Justice Act 1992, section 39 (Dealing with a child if court can not
be promptly constituted).
s 125 150 s 128
Juvenile Justice Amendment Bill 2002
125 Amendment of s 12 (Restriction on publication of information,
Clause 1
evidence and the like given in bail application) 2
Section 12(1), after `this part'-- 3
insert-- 4
`or the Juvenile Justice Act 1992, part 3'. 5
126 Amendment of s 14 (Release of persons apprehended on making
Clause 6
deposit of money as security for appearance) 7
Section 14(2), `pursuant to subsection (1)'-- 8
omit, insert-- 9
`under subsection (1A) or the Juvenile Justice Act 1992, part 3'. 10
127 Amendment of s 15 (Procedure upon application for bail)
Clause 11
Section 15, after `this part'-- 12
insert-- 13
`or the Juvenile Justice Act 1992, part 3'. 14
128 Amendment of s 16 (Refusal of bail)
Clause 15
Section 16-- 16
insert-- 17
`(5) This section does not apply if the defendant is a child. '. 57
18
57 See the Juvenile Justice Act 1992, section 37A (Decisions about bail and related
matters).
s 129 151 s 131
Juvenile Justice Amendment Bill 2002
129 Replacement of s 19A (Consideration of findings of guilt, cautions
Clause 1
and community conference agreements as child for decisions 2
about release from custody) 3
Section 19A-- 4
omit, insert-- 5
`19A Consideration of unrecorded convictions 6
`(1) This section applies to a person in custody in connection with a 7
charge of an offence if the person has previously been found guilty of an 8
offence, as a child, without a conviction being recorded. 9
`(2) A court or police officer deciding whether to release the person or 10
keep the person in custody may have regard to the finding.'. 11
130 Amendment of s 19B (Review of particular decisions)
Clause 12
(1) Section 19B(2), after `this part'-- 13
insert-- 14
`or the Juvenile Justice Act 1992, part 3,'. 15
(2) Section 19B(7), after `17(1A)'-- 16
insert-- 17
`and, if the defendant is a child, the Juvenile Justice Act 1992, 18
section 37A'. 19
131 Amendment of s 19C (Review by Supreme Court of magistrate's
Clause 20
decision on a review) 21
(1) Section 19C(1), after `this part'-- 22
insert-- 23
`or the Juvenile Justice Act 1992, part 3'. 24
(2) Section 19C(6), after `17(1A)'-- 25
insert-- 26
`and, if the defendant is a child, the Juvenile Justice Act 1992, 27
section 37A'. 28
s 132 152 s 134
Juvenile Justice Amendment Bill 2002
132 Amendment of s 20 (Undertaking as to bail)
Clause 1
(1) Section 20(3)(b)(i), after `section 11(2) or (3)'-- 2
insert-- 3
`or the Juvenile Justice Act 1992, section 40A'. 4
(2) Section 20(3A)(b)(i), after `section 11(2) or (3)'-- 5
insert-- 6
`or the Juvenile Justice Act 1992, section 40A'. 7
(3) Section 20(6)(b), after `this Act'-- 8
insert-- 9
`or the Juvenile Justice Act 1992'. 10
(4) Section 20(6)(c)(ii)-- 11
omit, insert-- 12
`(ii) is a child detained in a place established under the Juvenile 13
Justice Act 1992, part 6--a person for the time being in 14
charge of the place.'. 15
133 Amendment of s 28A (Other warrants for apprehension of
Clause 16
defendant) 17
Section 28A(1)-- 18
insert-- 19
`(ea) released, on bail or without bail, under the Juvenile Justice Act 20
1992, part 3;58 or'. 21
134 Amendment of s 29 (Offence to breach conditions of bail)
Clause 22
Section 29(2)(a), `within the meaning of the Juvenile Justice Act 23
1992'-- 24
omit. 25
58 Juvenile Justice Act 1992, part 3 (Bail and custody of children)
s 135 153 s 137
Juvenile Justice Amendment Bill 2002
135 Amendment of s 33 (Failure to appear in accordance with
Clause 1
undertaking) 2
Section 33-- 3
insert-- 4
`(5) Subsection (4) does not apply if the defendant was a child when the 5
defendant committed the offence mentioned in subsection (1).'. 6
PART 5--AMENDMENT OF CHILDRENS COURT ACT 7
1992 8
136 Act amended in pt 5
Clause 9
This part amends the Childrens Court Act 1992. 10
137 Amendment of s 5 (Members and constitution of the Childrens
Clause 11
Court) 12
(1) Section 5(2)-- 13
omit, insert-- 14
`(2) If an Act expressly requires the Childrens Court to be constituted by 15
a Childrens Court judge, the court must be constituted by either of the 16
following-- 17
(a) a Childrens Court judge; 18
(b) if a Childrens Court judge is not available--a District Court 19
judge. 20
21
Examples of when a Childrens Court judge is not available--
22
1. A child is committed to be tried or sentenced before a Childrens Court
23
judge at a place where the Childrens Court sits only a few times in a
24
year. At the time the child would ordinarily be dealt with at the place,
25
there is no Childrens Court judge available, but a District Court judge
26
is available. The District Court judge may constitute the Childrens
27
Court and deal with the child.
28
2. A child is due to be tried or sentenced before a Childrens Court judge.
29
A Childrens Court judge is present at the place and at the time but, in
30
the judge's capacity as a District Court judge, is needed for the
31
jurisdiction of the District Court. Another District Court judge is
s 138 154 s 140
Juvenile Justice Amendment Bill 2002
1
available. The other District Court judge may constitute the Childrens
2
Court and deal with the child.'.
(2) Section 5-- 3
insert-- 4
`(5) In this section-- 5
"available" means available having regard to the orderly and expeditious 6
exercise of the jurisdiction of the District Court and Childrens Court.'. 7
138 Renumbering of pt 5 (General)
Clause 8
Part 5-- 9
renumber as part 6. 10
139 Renumbering of ss 2231
Clause 11
Sections 22 to 31-- 12
renumber as sections 24 to 32. 13
140 Insertion of new pt 5
Clause 14
After section 21-- 15
insert-- 16
`PART 5--JURY TRIALS 17
`22 Jury in criminal trials 18
`(1) All indictable offences prosecuted in the Childrens Court must be 19
tried by a Childrens Court judge and a jury. 20
`(2) Subsection (1) is subject to an Act that allows or requires an 21
indictable offence prosecuted in the Childrens Court to be tried in another 22
way. 23
`(3) Despite section 18(1)(a), a trial by a Childrens Court judge and a 24
jury must be held at a place where a District Court may be held. 25
`(4) The Jury Act 1995 states the law about the following-- 26
(a) the obligation to perform jury service; 27
s 141 155 s 143
Juvenile Justice Amendment Bill 2002
(b) organisation of juries generally; 1
(c) the selection of a jury; 2
(d) arrangements for a jury during a trial; 3
(e) juror's remuneration and allowances. 4
`23 Issues of law and fact 5
`Issues of law and fact are to be decided by the judge or jury as if the 6
trial were a trial on indictment in the Supreme Court.'. 7
141 Amendment of s 24 (Annual report)
Clause 8
Section 24(1) (as renumbered), `3'-- 9
omit, insert-- 10
`5'. 11
PART 6--AMENDMENT OF COMMISSION FOR 12
CHILDREN AND YOUNG PEOPLE ACT 2000 13
142 Act amended in pt 6
Clause 14
This part amends the Commission for Children and Young People 15
Act 2000. 16
143 Amendment of s 32 (Subject matter of complaints)
Clause 17
Section 32(c), `community service order, fixed release order, immediate 18
release order or probation order'-- 19
omit, insert-- 20
`conditional release order, supervised release order, intensive 21
supervision order, community service order or probation order'. 22
s 144 156 s 148
Juvenile Justice Amendment Bill 2002
PART 7--AMENDMENT OF CRIMINAL CODE 1
144 Act amended in pt 7
Clause 2
This part amends the Criminal Code. 3
145 Amendment of s 669A (Appeal by Attorney-General)
Clause 4
Section 669A(6), after `222'-- 5
insert-- 6
`or the Juvenile Justice Act 1992, part 4, division 6, subdivision 3,59'. 7
PART 8--AMENDMENT OF CRIMINAL OFFENCE 8
VICTIMS ACT 1995 9
146 Act amended in pt 8
Clause 10
This part amends the Criminal Offence Victims Act 1995. 11
147 Amendment of s 14 (Information during sentencing of impact of
Clause 12
crime on victim) 13
Section 14(4)(b), `section 109(1)(g)'-- 14
omit, insert-- 15
`section 109(1)(h)'. 16
148 Amendment of s 15 (Information about investigation and
Clause 17
prosecution of offender) 18
Section 15(3)-- 19
omit. 20
59 Juvenile Justice Act 1992, part 4 (Jurisdiction and proceedings), division 6 (Appeal
and review), subdivision 3 (Appeals to Childrens Court judge)
s 149 157 s 150
Juvenile Justice Amendment Bill 2002
PART 9--AMENDMENT OF DISTRICT COURT OF 1
QUEENSLAND ACT 1967 2
149 Act amended in pt 9
Clause 3
This part amends the District Court of Queensland Act 1967. 4
150 Insertion of new s 61A
Clause 5
After section 61-- 6
insert-- 7
`61A No general criminal jurisdiction over a child 8
`(1) The District Court does not have jurisdiction to try a child charged 9
with an indictable offence, unless otherwise expressly provided by an Act. 10
`(2) Subject to this division, the District Court has jurisdiction-- 11
(a) to try a child on an indictment in which the child is also charged 12
as an adult with an offence; or 13
(b) to try a child in proceedings removed to the court under the 14
Juvenile Justice Act 1992, part 4, division 5, subdivision 2;60 or 15
(c) to sentence a child for an offence if the child is appearing before 16
it also for sentence as an adult on a charge of an offence. 17
`(3) In exercising jurisdiction to sentence a child under subsection (2), 18
the court may also sentence the child under the Criminal Code, 19
section 651. 20
`(4) In this section-- 21
"child" means a child within the meaning of the Juvenile Justice Act 1992. 22
"adult" means an adult within the meaning of the Juvenile Justice Act 23
1992.'. 24
60 Juvenile Justice Act 1992, part 4 (Jurisdiction and proceedings), division 5
(Provision for joint trials), subdivision 2 (Removal of committed proceeding to
another jurisdiction for joint trial)
s 151 158 s 155
Juvenile Justice Amendment Bill 2002
PART 10--AMENDMENT OF EVIDENCE ACT 1977 1
151 Act amended in pt 10
Clause 2
This part amends the Evidence Act 1977. 3
152 Amendment of s 39B (Application of pt 3A)
Clause 4
Section 39B(4), `section 118A'-- 5
omit, insert-- 6
`section 40B or 118A'. 7
PART 11--AMENDMENT OF JURY ACT 1995 8
153 Act amended in pt 11
Clause 9
This part amends the Jury Act 1995. 10
154 Amendment of s 4 (Qualification to serve as juror)
Clause 11
(1) Section 4(3)(h) to (l)-- 12
renumber as section 4(3)(i) to (m). 13
(2) Section 4(3)-- 14
insert-- 15
`(h) a detention centre employee;'. 16
155 Amendment of s 13 (Practice directions)
Clause 17
Section 13, after `District Courts'-- 18
insert-- 19
`and the President of the Childrens Court'. 20
s 156 159 s 158
Juvenile Justice Amendment Bill 2002
156 Amendment of sch 3 (Dictionary)
Clause 1
(1) Schedule 3-- 2
insert-- 3
` "detention centre employee" means a person who-- 4
(a) is or has been, in Queensland, a detention centre employee under 5
the Juvenile Justice Act 1992; or 6
(b) has been, in Queensland, a person with functions corresponding 7
to those of a detention centre employee under the Juvenile Justice 8
Act 1992; or 9
(c) is or has been, under a law of another State, a person with 10
functions corresponding to those of a detention centre employee 11
under the Juvenile Justice Act 1992.'. 12
(2) Schedule 3, definition `judge', after `District Court judge'-- 13
insert-- 14
`, a Childrens Court judge'. 15
PART 12--AMENDMENT OF JUSTICES ACT 1886 16
157 Act amended in pt 12
Clause 17
This part amends the Justices Act 1886. 18
158 Insertion of new s 2
Clause 19
After section 1-- 20
insert-- 21
`2 Note in text 22
`A note in the text of this Act is part of this Act.'. 23
s 159 160 s 162
Juvenile Justice Amendment Bill 2002
159 Amendment of s 222 (Appeal to a single judge)
Clause 1
After section 222(1)-- 2
insert-- 3
`Note-- 4
5
This division applies in relation to an order made by justices dealing summarily with a
6
child charged with an offence, but appeals must be made to a Childrens Court judge--see
7
the Juvenile Justice Act 1992, section 87C.'.
PART 13--AMENDMENT OF MENTAL HEALTH ACT 8
2000 9
160 Act amended in pt 13
Clause 10
This part amends the Mental Health Act 2000. 11
161 Amendment of sch 2 (Dictionary)
Clause 12
Schedule 2, definition "parole", `fixed release order'-- 13
omit, insert-- 14
`supervised release order'. 15
PART 14--AMENDMENT OF POLICE POWERS AND 16
RESPONSIBILITIES ACT 2000 17
162 Act amended in pt 14
Clause 18
This part amends the Police Powers and Responsibilities Act 2000. 19
s 163 161 s 164
Juvenile Justice Amendment Bill 2002
163 Amendment of s 198 (Arrest without warrant)
Clause 1
(1) Section 198(1), `arrest a person'-- 2
omit, insert-- 3
`arrest an adult'. 4
(2) Section 198(3), from `Subsection (1)' to `section 20'-- 5
omit, insert-- 6
`Subject to the Juvenile Justice Act 1992, section 12'. 7
(3) Section 198(3), `an offence.'-- 8
omit, insert-- 9
`an offence.61'. 10
164 Amendment of s 200 (Arrest of person granted bail)
Clause 11
(1) Section 200(3)(a)(i)-- 12
omit, insert-- 13
`(i) the person is likely to contravene, is contravening, or has 14
contravened-- 15
(A) the condition for the person's appearance; or 16
(B) another condition of the undertaking on which the 17
person was granted bail; or'. 18
(2) Section 200(4)-- 19
renumber as section 200(6). 20
(3) Section 200-- 21
insert-- 22
`(4) However, before arresting a child under subsection (3), a police 23
officer must consider whether, in all the circumstances, it would be more 24
appropriate for an application to be made under the Bail Act 1980 for a 25
variation or revocation of the child's bail. 26
61 Under the juvenile justice principles in the Juvenile Justice Act 1992, schedule 1, it
is a principle of that Act that a child should be detained in custody for an offence,
whether on arrest or sentence, only as a last resort and for the least time that is
justified in the circumstances.
s 165 162 s 168
Juvenile Justice Amendment Bill 2002
`(5) Subsection (4) does not apply to the arrest of a child under 1
subsection (3)(a)(i)(A), (a)(iv) or (c).'. 2
165 Amendment of s 201 (Arrest of person given notice to appear or
Clause 3
summons) 4
Section 201-- 5
insert-- 6
`(3) This section does not apply to a child.'. 7
166 Amendment of s 204 (Issue of arrest warrant)
Clause 8
Section 204(b), `, attendance notice'-- 9
omit. 10
167 Omission of s 207 (Police officer to consider alternatives to
Clause 11
proceeding against child) 12
Section 207-- 13
omit. 14
168 Amendment of s 212 (Additional case when arrest of child may be
Clause 15
discontinued) 16
(1) Section 212(3)(c), `community conference'-- 17
omit, insert-- 18
`youth justice conference'. 19
(2) Section 212(3)(d), `attendance notice'-- 20
omit, insert-- 21
`notice to appear'. 22
s 169 163 s 171
Juvenile Justice Amendment Bill 2002
169 Amendment of s 214 (Notice to appear may be issued for offence)
Clause 1
(1) Section 214(1), `an adult that'-- 2
omit, insert-- 3
`a person that reduces the need for custody associated with arrest and'. 4
(2) Section 214(2), `an adult'-- 5
omit, insert-- 6
`a person'. 7
(3) Section 214-- 8
insert-- 9
`(4) If a person is alleged to have committed offences as a child and as an 10
adult, a separate notice to appear must be issued for the offences committed 11
as a child.'. 12
170 Insertion of new s 214A
Clause 13
After section 214-- 14
insert-- 15
`214A Notice to appear must be served discreetly on a child 16
`A notice to appear must be served on a child-- 17
(a) as discreetly as practicable; and 18
(b) not at or in the vicinity of the child's place of employment or 19
school, unless there is no other place where service may be 20
reasonably effected.'. 21
171 Amendment of s 215 (Notice to appear form)
Clause 22
(1) Section 215(1)(c), `Magistrates Court'-- 23
omit, insert-- 24
`court of summary jurisdiction'. 25
(2) Section 215(1)(c) and (d)-- 26
renumber as section 215(d) and (e). 27
(3) Section 215(1)-- 28
s 172 164 s 173
Juvenile Justice Amendment Bill 2002
insert-- 1
`(c) clearly state whether the person was, at the time of the alleged 2
offence, an adult or a child; and'. 3
(4) Section 215(3)-- 4
omit, insert-- 5
`(3) The time stated in a notice to appear for the person's appearance 6
before a court must be a time-- 7
(a) for an adult--at least 14 days or, with the person's written 8
agreement, a stated shorter time, after the notice is served; or 9
(b) for a child-- 10
(i) as soon as practicable after service of the notice to appear; 11
and 12
(ii) fixed generally by the clerk of the court for hearing matters 13
under the Juvenile Justice Act 1992.'. 14
172 Replacement of s 216 (Notice to appear must be filed in court
Clause 15
without cost to person) 16
Section 216-- 17
omit, insert-- 18
`216 Filing of notice to appear 19
`(1) As soon as reasonably practicable after service of a notice to appear 20
on a person, and before the time the person is required to appear at a place 21
before a court under the notice, the notice must be lodged with the clerk of 22
the court at the place. 23
`(2) A person must not be ordered to pay filing costs in the proceeding 24
for the offence.'. 25
173 Amendment of s 218 (Particulars of notice to appear offence must
Clause 26
be given in the proceeding) 27
Section 218(2), `the Magistrates Court'-- 28
omit, insert-- 29
`a court'. 30
s 174 165 s 176
Juvenile Justice Amendment Bill 2002
174 Amendment of s 219 (Notice to appear equivalent to a complaint
Clause 1
and summons) 2
(1) Section 219(2), `Magistrates Court'-- 3
omit, insert-- 4
`court'. 5
(2) Section 219(3), from `a watch-house manager' to `Juvenile Justice 6
Act 1992;'-- 7
omit, insert-- 8
`a watch-house manager issues and serves a notice to appear on a person 9
under section 225(2)(b),'. 10
175 Amendment of s 220 (Court may order immediate arrest of
Clause 11
person who fails to appear) 12
(1) Section 220(1), `Magistrates Court'-- 13
omit, insert-- 14
`court'. 15
(2) Section 220-- 16
insert-- 17
`(5) Subsection (1)(b) does not prevent a court delaying the issue or 18
execution of a warrant for the arrest of a person to allow the person a 19
further opportunity to appear before the court. 20
`(6) The bail and custody provisions of the Juvenile Justice Act 1992, 21
part 3 apply to a child arrested on a warrant issued under 22
subsection (1)(b).'. 23
176 Amendment of s 221 (Court must strike out notice to appear if
Clause 24
service insufficient) 25
Section 221(1), `Magistrates Court'-- 26
omit, insert-- 27
`court'. 28
s 177 166 s 178
Juvenile Justice Amendment Bill 2002
177 Replacement of s 223 (Parent and chief executive must be advised
Clause 1
of arrest of child) 2
Section 223-- 3
omit, insert-- 4
`223 Parent and chief executive to be advised of arrest or service of 5
notice to appear 6
`(1) A police officer who arrests a child must promptly advise the 7
persons mentioned in subsection (3) of the arrest and whereabouts of the 8
child. 9
`(2) A police officer who has served a notice to appear on a child must 10
promptly advise the persons mentioned in subsection (3) of the service of 11
the notice to appear. 12
`(3) The persons to be notified are-- 13
(a) a parent of the child, unless a parent can not be found after 14
reasonable inquiry; and 15
(b) the chief executive (family services) or a person, nominated by 16
that chief executive for the purpose, who holds an office within 17
the department for which the chief executive has responsibility. 18
`(4) Subsections (1) and (2) do not apply in relation to a child if a police 19
officer believes on reasonable grounds that the child is an adult. 20
`(5) In deciding whether the police officer had the reasonable grounds, a 21
court may have regard to the child's apparent age and the circumstances of 22
the arrest or service of the notice. 23
`(6) In this section-- 24
"parent", of a child, includes someone who is apparently a parent of the 25
child.'. 26
178 Amendment of s 225 (Duty of police officer receiving custody of
Clause 27
person arrested for offence) 28
(1) Section 225(2)(b) and (c)-- 29
omit, insert-- 30
`(b) issue and serve a notice to appear on the person; or'. 31
s 179 167 s 181
Juvenile Justice Amendment Bill 2002
(2) Section 225(2)(d) and (e)-- 1
renumber as section 225(2)(c) and (d). 2
(3) Section 225-- 3
insert-- 4
`(4) This section does not apply to a child.62'. 5
179 Amendment of s 252 (Questioning of children)
Clause 6
(1) Section 252(2)(a), after `support person'-- 7
insert-- 8
`chosen by the child'. 9
(2) Section 252(3)-- 10
renumber as section 252(4). 11
(3) Section 252-- 12
insert-- 13
`(3) However, the child may not choose as a support person a person 14
against whom the offence is alleged to have been committed.'. 15
180 Amendment of s 312 (Taking DNA sample from child)
Clause 16
Section 312(1)(a), `attendance notice under the Juvenile Justice Act 17
1992,'-- 18
omit, insert-- 19
`notice to appear'. 20
181 Amendment of s 459 (Regulation-making power)
Clause 21
Section 459(2), from `responsibilities'-- 22
omit, insert-- 23
`responsibilities of the following persons under this Act-- 24
62 See the Juvenile Justice Act 1992, section 39 (Dealing with a child if court can not
be promptly constituted).
s 182 168 s 183
Juvenile Justice Amendment Bill 2002
(a) police officers; 1
(b) support persons.'. 2
182 Amendment of sch 1 (Acts not affected by this Act)
Clause 3
Schedule 1, entry for Juvenile Justice Act 1992, `198'-- 4
omit, insert-- 5
`198(2)'. 6
183 Amendment of sch 4 (Dictionary)
Clause 7
Schedule 4, definition "support person", paragraph (b)(iv), `if no-one 8
mentioned in subparagraphs (i) to (iii) is available--'-- 9
omit. 10
© State of Queensland 2002
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