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CHILDREN (DETENTION CENTRES) ACT 1987


- As at 19 February 2024 
- Act 57 of 1987 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Objects of Act
   4A.     Commonwealth detainees

   PART 2 - DETENTION CENTRES

   5.      Establishment of detention centres
   6.      Secretary to have control and management of detention centres
   7.      Inspection of detention centres by juvenile justice officer appointed by Secretary
   8.      Inspection of detention centres by judges etc
   8A.     Official Visitors

   PART 3 - PERSONS ON REMAND AND PERSONS SUBJECT TO CONTROL

           Division 1 - Admission to detention centres

   9.      Persons on remand and persons subject to control to be detained in detention centres
   9A.     Certain persons not to be detained in detention centres
   10.     Transfer of juvenile inmates from correctional centres to detention centres
   11.     Secretary to determine detention centre at which a person subject to control is to be detained
   12.     Duly endorsed detention orders authorise conveyance and detention of persons subject to control
   13.     Transfers between detention centres

           Division 2 - Treatment of detainees

   14.     Functions of the Secretary
   15.     Detainees to be in custody of centre manager
   16.     Separation of detainees
   17.     Private property
   17A.    Detainees not to be supplied with or allowed alcohol, tobacco or adult films
   18.     Work to be performed by detainees
   19.     Segregation of detainees for protection
   20.     Complaints of misbehaviour
   21.     Punishments for misbehaviour
   22.     Prohibited punishments
   22A.    Prohibition on use of spit hoods

           Division 3 - Miscellaneous

   23.     Persons on remand not to be granted leave
   23A.    Escorted absences
   24.     Persons subject to control may be granted leave, discharged etc
   24A.    Conditions of leave as to non-association and place restriction
   25.     Removal to hospital of detainees
   26.     Use of Corrective Services staff in dealing with riots and disturbances
   26A.    Use of Corrective Services staff to convey national security interest detainees
   27.     Medical attention
   28.     Transfer of older detainees from detention centres to correctional centres
   28A.    Certain children may be remanded in correctional centres
   28B.    Certain children etc may be committed to correctional centres
   28BA.   Certain persons to serve balance of detention order in correctional centre
   28C.    Meaning of "detention centre offence"
   28D.    Review etc of sec 28B orders
   28E.    Consideration of suitability for detention centre
   28F.    Consent of Minister administering Crimes (Administration of Sentences) Act 1999 required
   29.     (Repealed)
   30.     Discharge generally
   31.     Early discharge
   32.     Termination of detention orders
   32A.    Regulations
   32AA.   Complaints guidelines

   PART 4 - OFFENCES

   32AB.   Definition
   33.     Escaping
   34.     Helping person to escape
   35.     Rescuing persons from lawful custody
   36.     Permitting escapes
   37.     Harbouring escapees
   37A.    Breaching conditions of leave, failure to return etc
   37B.    Trafficking in alcohol, drugs or other things
   37C.    Unlawful entry into detention centre or communication with detainee
   37CA.   Unlawful possession of remotely piloted aircraft
   37CB.   Possession or operation of remotely piloted aircraft in prohibited airspace
   37D.    (Repealed)

   PART 4A - ADMINISTRATION

           Division 1 - Health

   37E.    Functions of Justice Health and Forensic Mental Health Network
   37F.    Chief Executive, Justice Health and Forensic Mental Health Network to have access to detention centres, detainees and medical records
   37G.    Appointment of medical officers
   37H.    Delegation of functions of Chief Executive, Justice Health and Forensic Mental Health Network

           Division 2 - Testing of juvenile justice officers for alcohol and prohibited drugs

   37I.    Definitions
   37J.    Testing of juvenile justice officers for alcohol and prohibited drugs
   37K.    Testing where juvenile justice officer attends hospital
   37L.    Protection from liability
   37M.    Regulations

   PART 4B - SERIOUS YOUNG OFFENDERS REVIEW PANEL

   37N.    Definitions
   37O.    Constitution of Review Panel
   37P.    Functions of Review Panel
   37Q.    Matters to be considered by Review Panel
   37R.    Annual reports
   37S.    Security of certain information

   PART 4C - PAROLE OF DETAINEES

           Division 1 - Preliminary

   38.     Principles of Part
   39.     Definitions
   40.     Application of Part
   41.     Jurisdiction of Children's Court relating to parole
   42.     Eligibility for release on parole
   43.     Parole order necessary for release

           Division 2 - Making of parole orders

   44.     Statutory parole orders where detention order for period of 3 years or less
   45.     Parole orders where detention order for period of more than 3 years
   46.     General duty of Children's Court relating to release of offenders
   47.     Parole orders in exceptional circumstances

           Division 3 - Release under parole orders

   48.     Application of Division
   49.     Date of release on parole of serious offenders
   50.     Release under parole order
   51.     Sentence continues to run while juvenile offender on parole

           Division 4 - Conditions and obligations of parole orders

   52.     Application of Division
   53.     Conditions of parole generally
   54.     Conditions of parole as to non-association and place restriction
   55.     Conditions as to supervision
   56.     Children's Court may exempt from supervision condition in exceptional circumstances
   57.     Suspension of certain parole conditions

           Division 5 - Parole orders for terrorism related offenders

   58.     Definitions
   59.     Juvenile offenders to whom Division applies
   60.     Limitation on release on parole of terrorism related offenders
   61.     General provisions relating to terrorism related offenders

           Division 6 - Revocation of parole orders and other sanctions

   62.     Application of Division
   63.     Revocation of parole before release
   64.     Actions by Secretary on non-compliance
   65.     Actions by Children's Court on non-compliance
   66.     Circumstances for revocation in addition to non-compliance
   67.     Hearings as to non-compliance and revocation
   68.     Effect of revocation order
   69.     Request by Attorney General, Minister, DPP to revoke parole order
   70.     Application to Supreme Court by juvenile offender

           Division 7 - Reconsideration of parole

   71.     Application of Division
   72.     Reconsideration options after refusal of parole
   73.     Reconsideration options after revocation of parole
   74.     Application for reconsideration of parole decision or revocation
   75.     Decisions on reconsideration
   76.     Date of parole after reconsideration

           Division 8 - Procedure at hearings

   77.     Hearings
   78.     Power to require attendance of juvenile offenders and witnesses and production of documents
   79.     Submissions by juvenile offenders at hearings
   80.     Rights of parties making submissions
   81.     Adjournments
   82.     Warrants
   83.     Witnesses' expenses

           Division 9 - Prerogative of mercy

   84.     Governor may make parole order

           Division 10 - Miscellaneous

   85.     Application of Division
   86.     Submissions by State
   86A.    Withdrawal of offender information provided under Terrorism (High Risk Offenders) Act 2017
   87.     Submissions by Secretary
   88.     Functions may be exercised after order has expired
   89.     Notice of parole decisions
   90.     Parole order not invalidated by failure to comply with procedural requirements
   91.     Security of certain information
   92.     Delegation of functions by Secretary
   93.     Recommendations to Secretary
   94.     Service of notices
   95.     Records of decisions
   96.     Decision final
   97.     Regulations

   PART 5 - MISCELLANEOUS

   98.     Arrest of escapees etc
   99.     Extension of term of detention order following unlawful absence
   100.    Expediting trials and appeals
   100A.   Victims Register
   100B.   Notification to victims of parole consideration
   100C.   Notification to victims of leave consideration
   100D.   Information to be provided to victims
   101.    Delegation of functions
   101A.   Functions of centre manager
   102.    Unlawful disclosure of information
   102A.   Authority to disclose information
   102B.   Authority to exchange certain information
   103.    Evidentiary matters
   104.    Proceedings for offences
   105.    Attendance of persons subject to control before courts and court officers
   106.    Admission to detention centre following arrest or apprehension for breach of bail
   107.    Royal prerogative of mercy preserved
   108.    Saving as to functions of Sheriff
   109.    Regulations
   110.    (Repealed)
           SCHEDULE 1A
           SCHEDULE 1


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