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South Australia
Statutes Amendment (Attorney-General's Portfolio No
3) Bill 2017
A BILL FOR
An Act to amend the
Bail
Act 1985
; the
Construction
Industry Long Service Leave Act 1987
; the
Guardianship
and Administration Act 1993
; the
Legal
Practitioners Act 1981
; the
Magistrates
Act 1983
; the
Second-hand
Dealers and Pawnbrokers Act 1996
; and the
Young
Offenders Act 1993
.
Contents
Part 2—Amendment of Bail
Act 1985
4Amendment
of section 3—Interpretation
5Amendment
of section 6—Nature of bail agreement
6Amendment
of section 7—Guarantee of bail
Part 3—Amendment of Construction
Industry Long Service Leave Act 1987
7Amendment
of section 4—Interpretation
8Amendment
of section 15—Crediting effective service under this Act and the Long
Service Leave Act
Part 4—Amendment of Guardianship and
Administration Act 1993
76ADeath by natural
causes of person while under detention order may be subject of
inquest
Part 5—Amendment of Legal
Practitioners Act 1981
10Amendment of section
5—Interpretation
11Amendment of Schedule 3—Costs disclosure
and adjudication
Part 6—Amendment
of Magistrates Act 1983
12Amendment of section
6—Magistracy
Part 7—Amendment of Second-hand
Dealers and Pawnbrokers Act 1996
13Amendment of section
3—Interpretation
14Amendment of section 5A—Criminal
intelligence
Part 8—Amendment of Young Offenders
Act 1993
15Amendment of section 3—Objects and
statutory policies
16Amendment of section
4—Interpretation
17Amendment of section 8—Powers of police
officer
18Amendment of section 10—Convening of
family conference
19Amendment of section 12—Powers of family
conference
20Amendment of section 13—Limitation on
publicity
21Amendment of section 26—Limitation on
Court's power to require bond
22Amendment of section 64—Information
about youth may be given in certain circumstances
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Attorney-General's
Portfolio No 3) Act 2017.
(1) Subject to
subsection (2)
, this Act will come into operation on a day to be fixed by
proclamation.
(2) Subject to
subsection (3)
,
Part 6
will come into operation on 8 July 2018.
(3) If this Act is
assented to after 8 July 2018,
Part 6
will be taken to have come into operation on 8 July 2018.
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 Bail Act 1985
4—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of telephone
insert:
training centre has the same meaning as in the
Young
Offenders Act 1993
;
5—Amendment
of section 6—Nature of bail agreement
Section 6(3)—after paragraph (b) insert:
(ba) if the person is in a training centre—the manager of the
training centre; or
6—Amendment
of section 7—Guarantee of bail
Section 7(3)—after paragraph (b) insert:
(ba) if the person who is to be released on bail is in a training
centre—the manager of the training centre; or
Part 3—Amendment
of Construction Industry Long Service Leave
Act 1987
7—Amendment
of section 4—Interpretation
Section 4(1), definition of electrical or metal trades work,
(b)—after subparagraph (ii) insert:
(iii) data and communication cabling; or
(iv) security alarm equipment; or
8—Amendment
of section 15—Crediting effective service under this Act and the Long
Service Leave Act
(1) Section 15(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) For the
purposes of this section, if a person employed as a construction worker
commences work in a different capacity in the service of the same employer, the
following provisions apply:
(a) the person's continuity of service is preserved, but only in respect
of the aggregate of the periods of work undertaken in each capacity in the
service of that employer (and not in respect of any periods of work undertaken
with any other employer);
(b) the period of effective service credited under this Act in respect of
work undertaken by the person as a construction worker in the service of that
employer (but no other employer) will be credited to the person under the
Long
Service Leave Act 1987
(on the basis that 5 days of effective service under this Act is
equivalent to 7 days of service under the other Act) (and an effective service
so credited will then be cancelled under this Act).
(2) For the
purposes of this section, if a person employed in a capacity other than as a
construction worker commences work as a construction worker in the service of
the same employer, the following provisions apply:
(a) the person's continuity of service is preserved, but only in respect
of the aggregate of the periods of work undertaken in each capacity in the
service of that employer (and not in respect of any periods of work undertaken
with any other employer);
(b) the period of service in respect of work undertaken by the person
other than as a construction worker in the service of that employer (but no
other employer) calculated in accordance with the
Long
Service Leave Act 1987
up to the point of change in the nature of employment will be credited as
effective service for the purposes of this Act (on the basis that 7 days of
service under the other Act is equivalent to 5 days of effective service
under this Act).
(2) Section 15(3)—after "person's employer" insert:
(being the employer referred to in subsection (1))
(3) Section 15(3)—delete "D is the effective service
entitlement of the person as a construction worker under this Act (expressed in
days)." and substitute:
D is the total number of days of effective service
entitlement of the person as a construction worker under this Act minus the
portion of effective service entitlement representing the construction work
undertaken by the person in the service of any employer other than the employer
referred to in subsection (1).
Part 4—Amendment
of Guardianship and Administration
Act 1993
After section 76 insert:
76A—Death by natural causes of person while under
detention order may be subject of inquest
(1) The death or
apparent death of a person from natural causes while subject to an order under
section 32(1)(b) is, despite the definition of death in custody in
section 3(1) of the
Coroners
Act 2003
, not to be taken to be a death in custody for the purposes of section
21(1)(a) of that Act.
(2) For the purposes of section 21(1)(c) of the
Coroners
Act 2003
, the Coroner's Court must, if the State Coroner considers it necessary or
desirable to do so or at the direction of the Attorney-General, hold an inquest
to ascertain the cause or circumstances of the death of a person who apparently
died from natural causes while subject to an order under section
32(1)(b).
(3) Subsections (1) and (2) apply regardless of whether the death of the
person occurred before or after the commencement of this section.
Part 5—Amendment
of Legal Practitioners
Act 1981
10—Amendment
of section 5—Interpretation
Section 5(1), definition of corresponding law—delete
the definition and substitute:
corresponding law means the following:
(a) a law of another jurisdiction that corresponds to the relevant
provisions of this Act or, if a regulation is made declaring a law of the other
jurisdiction to be a law that corresponds to this Act, the law declared under
that regulation for the other jurisdiction;
(b) if the term is used in relation to a matter that happened before the
commencement of the law of another jurisdiction that, under paragraph (a), is
the corresponding law for the other jurisdiction, a previous law applying to
legal practice in the other jurisdiction;
11—Amendment
of Schedule 3—Costs disclosure and adjudication
(1) Schedule 3, clause 25(2)(c)(ii)—delete subparagraph
(ii)
(2) Schedule 3, clause 26(1)—delete "A" and substitute:
Subject to subclause (1a), a
(3) Schedule 3, clause 26—after subclause (1) insert:
(1a) Subclause (1) does not apply to a conditional costs agreement
relating to proceedings under the
Migration
Act 1958
of the Commonwealth.
Part 6—Amendment
of Magistrates
Act 1983
12—Amendment
of section 6—Magistracy
(1) Section 6(1)—delete subsection (1) and substitute:
(1) There will be a Chief Magistrate appointed by the Governor on the
recommendation of the Attorney-General.
(1a) The Chief Magistrate may appoint a magistrate to be Deputy Chief
Magistrate for a term (not exceeding 5 years) specified in the instrument of
appointment.
(2) Section 6(3)—delete subsection (3)
Part 7—Amendment
of Second-hand Dealers and Pawnbrokers
Act 1996
13—Amendment
of section 3—Interpretation
Section 3(1)—after the definition of Commissioner of
Police insert:
criminal intelligence means information relating to actual or
suspected criminal activity (whether in this State or elsewhere) the disclosure
of which could reasonably be expected to prejudice criminal investigations,
enable the discovery of the existence or identity of a confidential source of
information relevant to law enforcement or endanger a person's life or physical
safety;
14—Amendment
of section 5A—Criminal intelligence
(1) Section 5A—before subsection (1) insert:
(a1) Information that is classified by the Commissioner of Police as
criminal intelligence for the purposes of this Act may not be disclosed to any
person other than the Minister, a court or a person to whom the Commissioner of
Police authorises its disclosure.
(2) Section 5A(2)(b)—after "affidavit" insert:
"of a police officer of or above the rank of superintendent"
(3) Section 5A—after subsection (2) insert:
(3) The
Commissioner of Police may not delegate the function of classifying information
as criminal intelligence for the purposes of this Act except to a Deputy
Commissioner or Assistant Commissioner of Police.
Part 8—Amendment
of Young Offenders
Act 1993
15—Amendment
of section 3—Objects and statutory policies
Section 3(3)—after paragraph (a) insert:
(ab) compensation and restitution should also be provided, where
appropriate, for persons who have suffered loss or damage as a result of
offences committed by youths;
16—Amendment
of section 4—Interpretation
(1) Section 4(1), after the definition of injury
insert:
loss or damage includes costs and expenses, but does not
include injury;
(2) Section 4—after subsection (2) insert:
(3) A reference in this Act to a person who has suffered loss or damage
includes a reference to a body that has suffered loss or damage.
17—Amendment
of section 8—Powers of police officer
(1) Section 8(1)—after paragraph (a) insert:
(ab) the officer may require the youth to enter into an undertaking to pay
compensation to a person who has suffered loss or damage as a result of the
offence;
(2) Section 8(1)(c)—delete "or to do anything else that may be
appropriate in the circumstances of the case"
(3) Section 8(1)—after paragraph (c) insert:
(d) the officer may require the youth to enter into an undertaking to
apologise to a person who has suffered loss or damage as a result of the
offence;
(e) the officer may require the youth to do anything else that may be
appropriate in the circumstances of the case.
(4) Section 8—after subsection (5) insert:
(5a) If a youth enters into an undertaking under this section to apologise
to a person who has suffered loss or damage as a result of the offence, the
apology must be made in the presence of an adult person approved by a police
officer.
(5) Section 8(9)—after "this Division" insert:
(other than an offence described in subsection (10))
(6) Section 8—after subsection (9) insert:
(10) If a police officer deals with an offence (as a result of which a
person has suffered loss or damage) under this Division, the officer
must—
(a) ask the person whether he or she wishes to be informed of the identity
of the offender and how the offence has been dealt with; and
(b) if the person indicates that he or she does wish to have that
information—give the person that information.
18—Amendment
of section 10—Convening of family conference
(1) Section 10(1)—after paragraph (d) insert:
(e) a person who has suffered loss or damage as a result of the offence,
and if that person is a youth, the person's guardians.
(2) Section 10(2)(c)—delete paragraph (c) and substitute:
(c) will invite the persons referred to in subsection (1) and, in the case
of a youth referred to in subsection (1)(d) or (e), will invite them to bring
along a person of their choice to provide assistance and support; and
19—Amendment
of section 12—Powers of family conference
(1) Section 12(1)—after paragraph (b) insert:
(ba) the conference may require the youth to enter into an undertaking to
pay compensation to a person who has suffered loss or damage as a result of the
offence;
(2) Section 12(1)(d)—delete "or to do anything else that may be
appropriate in the circumstances of the case"
(3) Section 12(1)—after paragraph (d) insert:
(e) the conference may require the youth to enter into an undertaking to
apologise to a person who has suffered loss or damage as a result of the
offence;
(f) the conference may require the youth to do anything else that may be
appropriate in the circumstances of the case.
(4) Section 12(5)—before "named in the undertaking"
insert:
or persons who have suffered loss or damage
(5) Section 12(7)—after "of the offence" insert:
or the person suffering loss or damage
(6) Section 12(11)—after "this Division" insert:
(other than an offence described in subsection (12))
(7) Section 12—after subsection (11) insert:
(12) If a family conference deals with an offence (as a result of which a
person has suffered loss or damage) under this Division, the Youth Justice
Co-ordinator must—
(a) ask the person whether they wish to be informed of the identity of the
offender and how the offence has been dealt with; and
(b) if the person indicates that they do wish to have that
information—give that information accordingly.
20—Amendment
of section 13—Limitation on publicity
Section 13(1)(c)—before "or any other person" insert:
, a person who has suffered loss or damage
21—Amendment
of section 26—Limitation on Court's power to require
bond
Section 26(3)(ba)—before "or for any other person or body" and
insert:
, a person who has suffered loss or damage
22—Amendment
of section 64—Information about youth may be given in certain
circumstances
Section 64(1)—delete ", loss" and substitute:
or loss