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This is a Bill, not an Act. For current law, see the Acts databases.
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
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