Queensland PENALTIES AND SENTENCES AND OTHER ACTS AMENDMENT BILL 2000 Queensland PENALTIES AND SENTENCES AND OTHER ACTS AMENDMENT BILL 2000 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2--AMENDMENT OF PENALTIES AND SENTENCES ACT 1992 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3--AMENDMENT OF JUVENILE JUSTICE ACT 1992 5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Amendment of s 109 (Sentencing principles) . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 4--AMENDMENT OF CHILDRENS COURT ACT 1992 7 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of s 20 (Who may be present at a proceeding) . . . . . . . . . . . . 8 2000 A BILL FOR An Act to amend the Penalties and Sentences Act 1992, the Juvenile Justice Act 1992 and the Childrens Court Act 1992 s1 4 s4 Penalties and Sentences and Other Acts Amendment The Parliament of Queensland enacts-- 1 ART 1--PRELIMINARY 2 P title 3 Short Clause 1. This Act may be cited as the Penalties and Sentences and Other Acts 4 Amendment Act 2000. 5 6 Commencement Clause 2. This Act commences on a day to be fixed by proclamation. 7 ART 2--AMENDMENT OF PENALTIES AND 8 P SENTENCES ACT 1992 9 amended in pt 2 10 Act Clause 3. This part amends the Penalties and Sentences Act 1992. 11 of s 9 (Sentencing guidelines) 12 Amendment Clause 4.(1) Section 9(2)(o) and (p)-- 13 renumber as section 9(2)(p) and (q). 14 (2) Section 9(2)-- 15 insert-- 16 `(o) if the offender is an Aboriginal or Torres Strait Islander 17 person--any submissions made by a representative of the 18 community justice group in the offender's community that are 19 relevant to sentencing the offender, including, for example-- 20 s4 5 s4 Penalties and Sentences and Other Acts Amendment (i) the offender's relationship to the offender's community; or 1 (ii) any cultural considerations; or 2 (iii) any considerations relating to programs and services 3 established for offenders in which the community justice 4 group participates; and'. 5 (3) Section 9-- 6 insert-- 7 `(5) If required by the court for subsection (2)(o), the representative must 8 advise the court whether-- 9 (a) any member of the community justice group that is responsible 10 for the submission is related to the offender or the victim; or 11 (b) there are any circumstances that give rise to a conflict of interest 12 between any member of the community justice group that is 13 responsible for the submission and the offender or victim. 14 `(6) In this section-- 15 "community justice group", for an offender, means a group of persons 16 made up of any of the following-- 17 (a) an entity within the offender's community, other than a 18 department of government, that is involved in the provision of 19 any of the following-- 20 (i) information to a court about Aboriginal or Torres Strait 21 Islander offenders; 22 (ii) diversionary, interventionist or rehabilitation activities 23 relating to Aboriginal or Torres Strait Islander offenders; 24 (iii) other activities relating to local justice issues; 25 (b) elders or other respected persons of the offender's community. 26 "offender's community" means the offender's Aboriginal or Torres Strait 27 Islander community, whether it is-- 28 (a) an urban community; or 29 (b) a rural community; or 30 s5 6 s6 Penalties and Sentences and Other Acts Amendment (c) a community on DOGIT land under the Aboriginal Land Act 1 1991 or the Torres Strait Islander Land Act 1991.'. 2 ART 3--AMENDMENT OF JUVENILE JUSTICE 3 P ACT 1992 4 amended in pt 3 5 Act Clause 5. This part amends the Juvenile Justice Act 1992. 6 of s 109 (Sentencing principles) 7 Amendment Clause 6.(1) Section 109(1)(g) to (j)-- 8 renumber as section 109(h) to (k). 9 (2) Section 109(1)-- 10 insert-- 11 `(g) if the child is an Aboriginal or Torres Strait Islander person--any 12 submissions made by a representative of the community justice 13 group in the child's community that are relevant to sentencing the 14 child, including, for example-- 15 (i) the child's relationship to the child's community; or 16 (ii) any cultural considerations; or 17 (iii) any considerations relating to programs and services 18 established for offenders in which the community justice 19 group participates; and'. 20 (3) Section 109-- 21 insert-- 22 `(4) If required by the court for subsection (1)(g), the representative must 23 advise the court whether-- 24 s6 7 s6 Penalties and Sentences and Other Acts Amendment (a) any member of the community justice group that is responsible 1 for the submission is related to the offender or the victim; or 2 (b) there are any circumstances that give rise to a conflict of interest 3 between any member of the community justice group that is 4 responsible for the submission and the child or victim. 5 `(5) In this section-- 6 "community justice group", for a child, means a group of persons made 7 up of any of the following-- 8 (a) an entity within the child's community, other than a department of 9 government, that is involved in the provision of any of the 10 following-- 11 (i) information to a court about Aboriginal or Torres Strait 12 Islander offenders; 13 (ii) diversionary, interventionist or rehabilitation activities 14 relating to Aboriginal or Torres Strait Islander offenders; 15 (iii) other activities relating to local justice issues; 16 (b) elders or other respected persons of the child's community. 17 "child's community" means the child's Aboriginal or Torres Strait 18 Islander community, whether it is-- 19 (a) an urban community; or 20 (b) a rural community; or 21 (c) a community on DOGIT land under the Aboriginal Land Act 22 1991 or the Torres Strait Islander Land Act 1991.'. 23 s7 8 s8 Penalties and Sentences and Other Acts Amendment ART 4--AMENDMENT OF CHILDRENS COURT 1 P ACT 1992 2 amended in pt 4 3 Act Clause 7. This part amends the Childrens Court Act 1992. 4 of s 20 (Who may be present at a proceeding) 5 Amendment Clause 8.(1) Section 20(1)(g)-- 6 omit, insert-- 7 `(g) if the child is an Aboriginal or Torres Strait Islander person-- 8 (i) a representative of an organisation whose principal purpose 9 is the provision of welfare services to Aboriginal and Torres 10 Strait Islander children and families; or 11 (ii) a representative of the community justice group in the child's 12 community who is to make submissions that are relevant to 13 sentencing the child; or'. 14 (2) Section 20-- 15 insert-- 16 `(7) In this section-- 17 "community justice group", for a child, means a group of persons made 18 up of any of the following-- 19 (a) an entity within the child's community, other than a department of 20 government, that is involved in the provision of any of the 21 following-- 22 (i) information to a court about Aboriginal or Torres Strait 23 Islander offenders; 24 (ii) diversionary, interventionist or rehabilitation activities 25 relating to Aboriginal or Torres Strait Islander offenders; 26 (iii) other activities relating to local justice issues; 27 (b) elders or other respected persons of the child's community. 28 s8 9 s8 Penalties and Sentences and Other Acts Amendment "child's community" means the child's Aboriginal or Torres Strait 1 Islander community, whether it is-- 2 (a) an urban community; or 3 (b) a rural community; or 4 (c) a community on DOGIT land under the Aboriginal Land Act 5 1991 or the Torres Strait Islander Land Act 1991.'. 6 7 8 © State of Queensland 2000