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YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2016 - SECT 18
Amendment of s 138 (Dealing with offender held in corrective services facility)
18 Amendment of s 138 (Dealing with offender held in corrective services
facility)
(1) Section 138(6) to (8)—
omit, insert— (6) For holding the offender at a corrective services
facility— (a) the offender is liable to serve a term of imprisonment equal
to the period of detention to which the offender is sentenced for the child
offence; and
(b) the offender is taken to be a prisoner subject to the
Corrective Services Act 2006 ; and
(c) any rights, liberties or immunities of
the offender as a detainee are not preserved, transferred or otherwise
applicable for the offender as a prisoner; and
(d) the day the offender would
otherwise have been released under section 227, for the period of detention,
is the day the offender is to be released on parole under the
Corrective Services Act 2006 .
(7) However, the release is subject to the
Corrective Services Act 2006 as if granted under a court ordered parole order
(the
"statutory parole order" ) and the provisions of that Act applying to parole
orders also apply to the statutory parole order.
(2) Section 138(9)—
renumber as section 138(8).
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