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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Youth Court)
Bill 2015
A BILL FOR
An Act to amend the
Youth
Court Act 1993
and the
Young
Offenders Act 1993
; and to make related or consequential amendments to various other
Acts.
Contents
Part 2—Amendment
of Youth Court Act 1993
4Substitution of sections 9 and 10
10Court's principal judicial
officer
5Amendment of Section
12—Registrar
6Amendment of Section 13—Responsibilities
of staff
7Amendment of section 14—Constitution of
Court
8Amendment of section 15—Time and place of
sittings
9Amendment of section
22—Appeals
10Amendment of section 32—Rules of
Court
Part 3—Amendment
of Young Offenders Act 1993
12Amendment of section
4—Interpretation
13Amendment of section 9—Youth Justice
Co-ordinators
14Amendment of section 28—Power to
disqualify from holding driver's licence
15Amendment of section 38—Establishment of
Training Centre Review Board
16Amendment of section 39—Reviews etc and
proceedings of Training Centre Review Board
17Amendment of section 63—Transfer of
youths in detention to other training centre or prison
Part 4—Amendment of Adoption
Act 1988
19Amendment of section
4—Interpretation
Part 5—Amendment of Children's
Protection Act 1993
20Amendment of section
6—Interpretation
21Amendment of section 21—Orders Court may
make
22Amendment of section 29—Convening a
family care meeting
Part 6—Amendment of Family
Relationships Act 1975
23Amendment of section 10EA—Court order
relating to paternity
25Amendment of section 10HG—Power of Court
to cure irregularities
Part 7—Amendment of Judicial
Administration (Auxiliary Appointments and Powers) Act 1988
26Amendment of section
2—Interpretation
27Amendment of section 3—Appointment of
judicial auxiliaries
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Youth Court)
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Youth Court
Act 1993
4—Substitution
of sections 9 and 10
Sections 9 and 10—delete the sections and substitute:
9—Court's judiciary
(1) The Court's judiciary consists of—
(a) the Judge of the Court; and
(b) magistrates who are designated by proclamation as magistrates of the
Court (of whom at least 2 must be designated as members of the Court's principal
judiciary); and
(c) special justices who are designated by proclamation as special
justices of the Court.
(2) A proclamation designating a magistrate or special justice as a member
of the Court's judiciary must classify him or her as a member of the Court's
principal judiciary (being those members who are to be occupied predominantly in
the Court) or as a member of the Court's ancillary judiciary (being those
members who are not occupied predominantly in the Court).
(3) A proclamation designating a magistrate or special justice as a member
of the Court's principal judiciary must state a term for which he or she is to
be a member of the Court's principal judiciary.
(4) A proclamation under this section may be varied or revoked by
subsequent proclamation.
(5) The fact that a judicial officer is a member of the Court's judiciary
does not prevent the judicial officer from performing judicial functions
unrelated to the Court.
10—Court's principal judicial
officer
(1) The principal judicial officer of the Court with responsibility for
the administration of the Court is the Judge of the Court.
(2) The Judge of the Court is—
(a) a Judge of the District Court; or
(b) the Chief Magistrate,
designated by proclamation as the Judge of the Court.
(3) A proclamation designating a person as the Judge of the Court must
state a term (not exceeding 5 years) for which he or she is to be the Judge of
the Court.
(4) A person may, at the expiration of a term of office, be designated by
subsequent proclamation as the Judge of the Court for a further term (not
exceeding 5 years) stated in the proclamation.
(5) A proclamation under this section may be varied or revoked by
subsequent proclamation.
(6) The Judge of the
Court may delegate any power or function conferred on the Judge of the Court
under this Act or another Act to a magistrate who is a member of the Court's
principal judiciary.
(7) A delegation under
subsection (6)
is revocable at will and does not derogate from the power of the Judge of
the Court to act himself or herself in any matter.
(8) In the absence of the Judge of the Court from official duties as the
principal judicial officer of the Court, the Governor may nominate a Judge of
the District Court or the Chief Magistrate to act in the office of the Judge of
the Court.
(9) The Judge of the Court is (if he or she is not the Chief Magistrate)
responsible to the Chief Judge of the District Court for the proper and
efficient discharge of his or her duties under this Act and the
District
Court Act 1991
.
(10) The Judge of the Court may (if he or she is not the Chief Magistrate)
exercise the powers of the Chief Magistrate under the
Magistrates
Act 1983
in place of the Chief Magistrate in relation to a magistrate who is a
member of the Court's principal judiciary.
(11) The appointment of a person as the Judge of the Court does not
prevent the person while holding such office—
(a) if he or she is a District Court Judge—from simultaneously
holding the office, and performing the duties and exercising the powers, of a
Judge of the District Court; or
(b) if he or she is the Chief Magistrate—from simultaneously holding
the office, and performing the duties and exercising the powers, of the Chief
Magistrate.
5—Amendment
of Section 12—Registrar
Section 12(2)—delete "Senior Judge" and substitute:
Judge of the Court
6—Amendment
of Section 13—Responsibilities of staff
Section 13—delete "Senior Judge" and substitute:
Judge of the Court
7—Amendment
of section 14—Constitution of Court
(1) Section 14(1)—delete "must be constituted of a Judge or a
Magistrate" and substitute:
, must be constituted of the Judge of the Court or a magistrate
(2) Section 14(2) to (4)—delete subsections (2) to (4)
(inclusive) and substitute:
(2) The Court may not impose a sentence of detention of more than
3 years in criminal proceedings.
(3) The Court may be constituted of a special justice if neither the Judge
of the Court nor a magistrate is available to constitute the Court but, when so
constituted, the Court may not—
(a) hear and determine a charge of an indictable offence; or
(b) impose a sentence of detention in criminal proceedings; or
(c) hear and determine proceedings in which an order for the protection or
care of a child is sought.
(3) Section 14(5)—delete "a Magistrate or"
(4) Section 14(5)—delete "a Judge" and substitute:
the Judge of the Court or a magistrate
8—Amendment
of section 15—Time and place of sittings
Section 15(3)—delete "Senior Judge" and substitute:
Judge of the Court
9—Amendment
of section 22—Appeals
(1) Section 22(1)—after "may" insert:
, in accordance with the rules of the appellate court,
(2) Section 22(2)—delete subsection (2) and substitute:
(2) The appeal lies—
(a) if the judgment is given by the Judge of the Court—
(i) in the case of an interlocutory judgment—to the Supreme Court
constituted of a single Judge; or
(ii) in any other case—to the Full Court of the Supreme Court;
or
(b) if the judgment is given by a magistrate—
(i) in the case of an interlocutory judgment—to the Judge of the
Court; or
(ii) in the case of an action relating to a major indictable
offence—to the Full Court of the Supreme Court; or
(iii) in any other case—to the Supreme Court constituted of a single
Judge; or
(c) if the judgment (including an interlocutory judgement) is given by a
special justice—to the Judge of the Court.
(3) Section 22(2a)—delete "subsection (2)(ba)" and
substitute:
subsection (2)(b)(ii)
10—Amendment
of section 32—Rules of Court
Section 32(2)—delete "Judges and Magistrates" and
substitute:
Judge of the Court and the magistrates
(1) A person who was the Senior Judge or a Judge of the Youth Court
immediately before the commencement day may sit as a member of the Court for the
purpose of continuing and completing the hearing and determination of
proceedings that are, on the commencement day, part heard.
(2) A person who is, immediately before the commencement day, designated
by proclamation as a magistrate of the Court or as a special justice of the
Court will, after the commencement day, continue to be a magistrate of the Court
or a special justice of the Court (as the case may be) of the classification,
and for the term (if any), specified in the proclamation.
(3) Subject to
subsection (4)
, section 22 of the
Youth
Court Act 1993
as in force on and after the commencement day applies in relation to an
appeal that has been lodged but not heard or determined before the commencement
day.
(4) Section 22(2) as in
force immediately before the commencement day continues to apply in relation to
an appeal against a judgment given in the Court by a Judge who, after the
commencement day, is no longer a member of the Youth Court's
judiciary.
(5) In this section—
commencement day means the day on which this Part comes into
operation.
Part 3—Amendment
of Young Offenders
Act 1993
12—Amendment
of section 4—Interpretation
Section 4(1), definition of Judge—delete the
definition
13—Amendment
of section 9—Youth Justice Co-ordinators
(1) Section 9(3)—delete "Senior Judge of the Youth Court" and
substitute:
Judge of the Court
(2) Section 9(4)—delete "Senior Judge of the Youth Court" and
substitute:
Judge of the Court
14—Amendment
of section 28—Power to disqualify from holding driver's
licence
Section 28(2)—delete "a Judge or Magistrate" and
substitute:
the Judge of the Court or a magistrate
15—Amendment
of section 38—Establishment of Training Centre Review
Board
Section 38(2)(a)—delete paragraph (a) and substitute:
(a) the Judge of the Court and the magistrates who are members of the
principal judiciary of the Youth Court; and
16—Amendment
of section 39—Reviews etc and proceedings of Training Centre Review
Board
(1) Section 39(2)(a)(i)—delete "a Judge" and substitute:
a member of the Board who is a member of the Court's judiciary
(2) Section 39(2)(b)(i)—delete "a Judge" and substitute:
a member of the Board who is a member of the Court's judiciary
17—Amendment
of section 63—Transfer of youths in detention to other training centre or
prison
(1) Section 63(2)—delete "a Judge of"
(2) Section 63(4)—delete "a Judge of"
(3) Section 63—after subsection (7) insert:
(8) For the purposes of determining an application under this section, the
Youth Court must be constituted of the Judge of the Court or a
magistrate.
(1) A person who was a member of the Training Centre Review Board
immediately before the commencement day may sit as a member of the Board for the
purpose of continuing and completing the hearing and determination of
proceedings that are, on the commencement day, part heard.
(2) In this section—
commencement day means the day on which this Part comes into
operation.
Part 4—Amendment
of Adoption
Act 1988
19—Amendment
of section 4—Interpretation
(1) Section 4(1a)—delete "a Judge, or a magistrate and special
justice" and substitute:
the Judge of the Court or a magistrate
(2) Section 4(1b)—delete subsection (1b)
Part 5—Amendment
of Children's Protection
Act 1993
20—Amendment
of section 6—Interpretation
Section 6(1), definition of Senior Judge—delete the
definition
21—Amendment
of section 21—Orders Court may make
Section 21(3)—delete "Senior Judge" and substitute:
the Judge of the Court or a magistrate
22—Amendment
of section 29—Convening a family care meeting
Section 29(1)—delete "Senior"
Part 6—Amendment
of Family Relationships
Act 1975
23—Amendment
of section 10EA—Court order relating to paternity
Section 10EA(8), definition of Court—delete "a Judge"
and substitute:
the Judge of the Court or a magistrate
24—Amendment
of section 10HB—Orders as to parents of child born under recognised
surrogacy arrangements
Section 10HB(1), definition of Court—delete "a Judge"
and substitute:
the Judge of the Court or a magistrate
25—Amendment
of section 10HG—Power of Court to cure irregularities
Section 10HG(1), definition of Court—delete "a Judge"
and substitute:
the Judge of the Court or a magistrate
Part 7—Amendment
of Judicial Administration (Auxiliary
Appointments and Powers) Act 1988
26—Amendment
of section 2—Interpretation
Section 2, definition of judicial office, (b)—delete ",
Judge of the Youth Court"
27—Amendment
of section 3—Appointment of judicial auxiliaries
Section 3(8), Example—delete the example