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Juvenile Justice Legislation Amendment
JUVENILE JUSTICE LEGISLATION
AMENDMENT BILL 1998
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The legislation enables the transfer of the responsibility of youth
detention centres from the Queensland Corrective Services Commission to
the Department of Families, Youth and Community Care.
The Bill contains the provisions to ensure the administrative transfer of
detention centres, detention centre staff and related management and
administration, from the Queensland Corrective Services Commission.
It amends the Corrective Services (Administration) Act 1988 by
removing provisions relating to the administration of detention centres, and
the Juvenile Justice Act 1992 by inserting provisions relating to the
administration of detention centres. The Bill amends the terminology in
both Acts to maintain operational consistency.
Reasons for the Bill
A 1998 election commitment of the Government was to integrate the
responsibility for the delivery of the juvenile justice system within the
Department of Families, Youth and Community Care.
The removal of the responsibility for juvenile detention centres from the
Queensland Corrective Services Commission relates to the pre election
commitment to integrate the administration of juvenile detention centres
with other juvenile justice functions, including the management of children
sentenced to community based court orders. The transfer will also ensure
that the administration of the juvenile justice system will be completely
removed from the operations of the adult correctional system.
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Juvenile Justice Legislation Amendment
Estimated Cost for Government Implementation
The move should be cost neutral as the current capital works budget for
the 1998/99-2001/02 and the contracted juvenile services budget for
1998/99 will be transferred to the Department of Families, Youth and
Community Care.
Consultation
Departments and Government agencies affected by the proposed
legislation have been consulted, together with the relevant trade unions of
the affected staff. The Policy Coordination Division of the Department of
Premier and Cabinet has also been consulted. The Departments and
Government agencies affected by the proposed legislation have agreed with
the proposed amendments.
PART 1--PRELIMINARY
Short title
Clause 1. The short title of the Bill is the Juvenile Justice Legislation
Amendment Act 1998.
Commencement
Clause 2. This provides that the provisions of the Bill will commence
on a date to be proclaimed.
PART 2--AMENDMENT OF CORRECTIVE SERVICES
(ADMINISTRATION) ACT 1988
Act amended in pt 2
Clause 3 This provides for Part 2 of the Bill to amend the Corrective
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Juvenile Justice Legislation Amendment
Services (Administration) Act 1988.
Amendment of s 18 (Functions of Commission)
Clause 4 This clause deletes the responsibility for providing programs
and services for detainees from the functions of the Commission.
Amendment of s 19 (Powers of Commission)
Clause 5 This clause deletes any reference to detainees or the Juvenile
Justice Act 1992 from the powers of the Commission.
Amendment of s 20 (Rules)
Clause 6 This clause deletes references to the Commission's
responsibility to make rules for detention centres, detainees or the conduct
of detention centre officers.
Amendment of s 23A (Definitions for div 2A)
Clause 7 This clause deletes references to juvenile justice operations and
detainees from the powers which enable the Commission to contract with
other bodies to provide operational services.
Amendment of s 23B (Engaging persons or bodies to conduct
Commission's operations)
Clause 8 This clause deletes the restriction on the Commission to only
engage a Government Owned Corporation (GOC) to provide juvenile
detention centre services.
.Omission of s 23D (Directions for detention centres)
Clause 9 This clause deletes the provisions enabling the Commission to
give directions to a GOC engaged to deliver detention centre services.
Amendment of s 23E (Commission retains custody and
responsibilities)
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Juvenile Justice Legislation Amendment
Clause 10 This clause deletes the reference to detention centres from the
clause which specifies that the Commission retains custody of offenders. It
also removes a reference to s.23D which is deleted by this Bill.
Amendment of s 30 (Custody of seal; authentication of documents)
Clause 11 This clause deletes a reference to the Juvenile Justice Act 1992
from the provisions relating to the authentication of Commission
documentation.
Amendment of s 32 (Disclosure of interest)
Clause 12 This clause removes the references to detainees from the
provisions relating to the disclosure of pecuniary and contractual interests.
Amendment of s 43 (Discipline)
Clause 13 This clause removes the reference to the rules and standards of
the Juvenile Justice Act 1992 from the grounds on which an employee of the
Commission could be disciplined, if such rules were contravened.
Amendment of s 45 (Suspension)
Clause 14 This clause removes a reference to a detention centre from the
provisions that allow suspension of an officer for the security and good
order of a prison.
Replacement of s 51 (Funds to be maintained)
Clause 15 This clause rewords the provisions relating to the maintenance
and management of prisoners' trust funds to remove all reference to
detainees.
Amendment of s 63 (Commission deemed to be owner of property)
Clause 16 This clause removes all references to detention centres and
property appropriated for the use of detainees, as property deemed to be
property of the Commission.
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Juvenile Justice Legislation Amendment
Amemdment of s 70 (Annual report)
Clause 17 This clause removes the reference to the Juvenile Justice Act
1992 as an Act for which the Commission has the responsibility for the
preparation of an annual report concerning its operations and administration.
Amendment of s 71 (Regulation-making power)
Clause 18 This clause removes a reference to a penalty that can be
imposed under s.23D. Section 23D has been removed by this Bill and is no
longer applicable.
Insertion of new pt 6, div 4
Clause 19 This clause inserts two transitional provisions. The first
clarifies the status of authentication of documents relating to the functions of
the Queensland Corrective Services Commission prior to proclamation. The
second confirms that for proceedings for offences against property that
occurred whilst the Commission had administrative control of detention
centres, the Commission continues to be deemed the owner of the property.
Amendment of schedule (Dictionary)
Clause 20 The dictionary is amended to remove the definitions of
"detainee", "detention centre" and "detention centre officer". All references
to detention centres and programs for detainees are removed from the
definition of "custodial corrections".
PART 3--AMENDMENT OF JUVENILE JUSTICE ACT
1992
Act amended in pt 3
Clause 21 This provides for Part 3 to amend the Juvenile Justice Act
1992.
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Juvenile Justice Legislation Amendment
Amendment of s 5 (Definitions)
Clause 22 The definition section is amended to remove the terms
"detainee" and "officer", which are terms that are no longer generally used
in the Act. Where the terms are used, specific definitions will occur in the
relevant sections. The term "detention centre" is inserted into the definition
section as this term is now used regularly.
Omission of pt 1A (Administration)
Clause 23 Part 1A dealt specifically with the administration of the
juvenile justice system by different agencies and departments. As the
responsibility for the juvenile justice system is now to be administered by
one Department, the Part is superfluous and is to be removed.
Amendment of s 10 (Application by police officer for permission to
take child's identifying particulars)
Clause 24 This clause removes an obligation on police to give a notice of
application for identifying particulars to the Commission, if the child is a
detainee.
Amendment of s 41 (Custody of child pending court appearance)
Clause 25 This clause nominates the Chief Executive as the person who
has custody of a child pending a court appearance, rather than the
Commission.
Amendment of s 43 (Custody of child if not released by court)
Clause 26 This clause nominates the Chief Executive as the person who
has custody of a child remanded in custody and allows the Chief Executive
to determine where the child is to be held, rather than the Commission.
Amendment of s 48 (Application of Mental Health Act 1974, pt 4)
Clause 27 This clause ensures that the terms used in the Mental Health
Act are translated to the appropriate equivalent terms used in the Juvenile
Justice Act 1992.
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Juvenile Justice Legislation Amendment
Amendment of s 60 (Chief executive's and commission's rights of
audience generally)
Clause 28 This clause removes any reference to the Commission having
a right of appearance in a court in matters relating to a child being dealt with
under the Act.
Amendment of s 89 (Application for review)
Clause 29 This clause removes any reference to the Commission having
the right to institute a sentence review in the Childrens Court of Queensland.
Amendment of s 94 (Interrelation with other types of appeal)
Clause 30 This clause removes any reference to the Commission from
the provisions explaining sentence review procedures in relation to other
avenues of appeal.
Amendment of s 98 (Correction of error by court making order)
Clause 31 This clause removes any reference to the Commission from
the provisions allowing application to the court to correct errors.
Amendment of s 98A (Court may reopen sentencing proceedings)
Clause 32 This clause removes any reference to the Commission from
the provisions applying s.188, (sentencing proceedings may be reopened) of
the Penalties and Sentences Act 1992.
Amendment of s 101 (Lack of jurisdiction discovered after proceeding
ends)
Clause 33 This clause removes any reference to the Commission from
the provisions allowing application to the court upon discovery of a lack of
competent jurisdiction.
Amendment of s 102 (Extension of Act for detainee offender)
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Juvenile Justice Legislation Amendment
Clause 34 This clause replaces the Commission with the Chief Executive
as the person who may recommend the continued treatment of a detainee as
a child.
Insertion of new s 107C (Commission to be notified if offender
sentenced as an adult)
Clause 35 A new clause is inserted to deal with the instances where the
responsibility for the administration of a court order may shift from the
Department of Families, Youth and Community Care to the Commission.
In these circumstances an obligation is imposed on the Chief Executive,
who will be present at the court proceedings, to immediately notify the
Commission which no longer has a right of appearance, of such an order.
Amendment of s 119 (Copy of court order to be given to child, parent
etc.)
Clause 36 This clause removes any reference to the Commission from
the provisions obliging a court to deliver a written copy of its order to
certain parties.
Amendment of s 167 (Detention to be served in detention centre)
Clause 37 This clause replaces the Commission with the Chief Executive
as the person responsible for determining where a child sentenced to a
period of detention is to be detained.
.Amendment of s 172A (Application for variation of detention order in
interests of justice)
Clause 38 This clause replaces the Commission with the Chief Executive
as the person able to make an application in the best interests of a child to
have a detention order varied.
Amendment of s 173 (Multiple orders of detention and imprisonment
against person as adult and child)
Clause 39 This section is reworded to clarify that the Chief Executive
may arrange with the Commission for a child to serve a period of
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Juvenile Justice Legislation Amendment
imprisonment in a detention centre under certain circumstances.
Amendment of s 191 (Cancellation of release order)
Clause 40 This section is intended to clarify that the term
"Commissioner" used in the section refers to the Commissioner of the
Police Service.
Amendment of s 198 (Show cause hearing)
Clause 41 This clause replaces the Commission with the Chief Executive
in the provision that clarifies, that where the Chief Executive has day to day
care of a child, the Chief Executive cannot be ordered to pay compensation
for the damage caused by a child.
Amendment of s 203 (Management of detention centres)
Clause 42 Section 203 relates to responsibility for the security and
management of detention centres. The clause replaces the Commission
with the Chief Executive as the person responsible for general management
responsibilities.
Amendment of s 204 (Official visitors appointment)
Clause 43 Section 204 relates to appointment of official visitors and
provides restrictions on those who can be appointed as official visitors. The
clause amends the section to ensure that those who are public service
employees, members of the Queensland Police Service, employed by the
Commission, or other persons, or the employees of other persons
contracted by the Commission, are ineligible for appointment as official
visitors.
Amendment of s 205 (Functions, powers and duties of official visitor)
Clause 44 This clause replaces the Commission with the Chief Executive
as the person who is responsible for the arrangements relating to the
functions and operation of official visitors.
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Juvenile Justice Legislation Amendment
Amendment of s 206 (Directions to official visitor on security)
Clause 45 This clause replaces the Commission with the Chief Executive
as the person responsible for giving directions to an official visitor on
matters of security.
Amendment of s 207 (Where children to be detained)
Clause 46 This clause replaces the Commission with the Chief Executive
as the person who determines in which detention centre a child is to be
detained or remanded in custody.
Amendment of s 208 (Authority for admission to detention centre)
Clause 47 This clause replaces the Commission with the Chief Executive
as the person responsible for the admission procedures of a child to a
detention centre.
Amendment of s 210 (Leave of absence)
Clause 48 This clause replaces the Commission with the Chief Executive
as the person responsible for granting leave of absence from a detention
centre to a child.
Amendment of s 211 (Childrens Court may order transfer to prison)
Clause 49 This clause replaces the Commission with the Chief Executive
as the person who may apply to a Childrens Court Judge for an order
transferring a person detained in a detention centre from the detention centre
to a prison. The clause also includes an obligation on the Chief Executive to
immediately notify the Commission if the order is made.
Amendment of s 212 (Commission may authorise treatment)
Clause 50 This clause replaces the Commission with the Chief Executive
as the person who may authorise medical treatment for a child in their
custody in certain circumstances.
Amendment of s 213 (Ordinary visitor)
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Juvenile Justice Legislation Amendment
Clause 51 This clause replaces the Commission with the Chief Executive
as the person responsible for the approval of visitors to detention centres.
Amendment of s 215 (Complaints generally)
Clause 52 This clause replaces the Commission with the Chief Executive
as the person responsible for dealing with the procedures relating to
complaints in detention centres.
Amendment of s 216 (Official visitor to hear and investigate
complaints)
Clause 53 This clause replaces the Commission with the Chief Executive
as the person to whom reports regarding investigations by an official visitor
are to be directed.
Amendment of s 220 (Search warrant)
Clause 54 This clause replaces the Commission with the Chief Executive
as a person able to apply to a Magistrate for a warrant regarding escapees.
Amendment of s 221 (Warrants may be granted by telephone,
facsimile, radio etc.)
Clause 55 This clause replaces the Commission with the Chief Executive
as a person who may apply for a warrant via telephone or facsimile in
certain circumstances. The clause also replaces the term "police officer"
with the term "applicant" to ensure that there is consistency in terminology
in the section.
Amendment of s 222 (Offences relating to detention centres)
Clause 56 This clause replaces the Commission with the Chief Executive
as the person responsible for giving directions relating to security of
detention centres.
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Juvenile Justice Legislation Amendment
Amendment of s 223 (Child of detainee may be accommodated in
detention centre)
Clause 57 This clause replaces the Commission with the Chief Executive
as the person allowing a child of a person detained in a detention centre to be
accommodated in the centre.
Insertion of new pt 6, div 6
Clause 58 This clause inserts trust account provisions relating to monies
held in trust for detainees. The new part clarifies the obligations of the Chief
Executive in the collection, maintenance and distribution of funds held in
trust for detainees.
Amendment of s 224A (Programs and services for children)
Clause 59 This clause omits any reference to the Commission and its
functions in developing programs and services for children detained in
detention centres.
Amendment of s 224B (Police may help in keeping child in custody)
Clause 60 This clause replaces the Commission with the Chief Executive
as the person able to enter into arrangements with the Queensland Police
Service to assist in holding a child in custody.
Amendment of s 225 (Parent entitled to know of whereabouts of child
in custody)
Clause 61 This clause replaces the Commission with the Chief Executive
as the person with responsibility for notification of the whereabouts of a
child held in custody.
Amendment of s 226 (Preservation of confidentiality)
Clause 62 This clause modifies the confidentiality clause to remove the
Corrective Services Act 1988 and the Corrective Services (Administration)
Act 1988 as prescribed Acts under which confidential information can be
disclosed for the purposes of that Act.
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Juvenile Justice Legislation Amendment
Replacement of s 227 (Approved form)
Clause 63 This clause removes any reference to the Commission as a
body which may approve forms under the Act.
Amendment of s 228 (Evidence)
Clause 64 This clause removes any reference to the Commission as a
body that has its authority recognised under the Act by virtue of this section.
Amendment of s 229 (Proceeding for offence)
Clause 65 This clause removes any reference to the Commission as an
authority that may appear for the purposes of prosecuting an offence under
the Act.
Insertion of new ss 232A and 232B
Clause 66 This clause inserts the appropriate powers of delegation under
the Act. The powers were previously found under Part
1A--Administration, which is being deleted by this Bill.
Insertion of new pt 8 hdg
Clause 67 This clause inserts a new heading for Part 8 and divides the
Part to assist in clarifying the transitional provisions in the Act.
Insertion of new pt 8, div 2
Clause 68 This clause provides for the transitional provisions relating to
the enactment of this Bill. The first provision details the transfer of officers
and employees of Queensland Corrections to the public service. It
establishes the employment status and preserves the entitlements, of those
staff to be transferred.
The second provision ensures that the standing of the Chief Executive is
established to take disciplinary action against an employee for any breaches
of conduct committed prior to proclamation.
The third provision transfers monies held in trust for detainees by the
Commission to the trust fund of the Chief Executive.
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Juvenile Justice Legislation Amendment
The fourth provision terminates the existing contacts between the
Commission and Queensland Corrections for the delivery of detention
centre services.
© The State of Queensland 1998