South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Related amendments and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Children's Protection Act 1993
2—Amendment of section 52C—The Guardian's functions and powers
Section 52C(1)—after paragraph (f) insert:
(g) to carry out any other function relating to children and the welfare of children assigned to the Guardian under this Act or the Youth Justice Administration Act 2016
.
Part 3—Amendment of Criminal Law Consolidation Act 1935
3—Amendment of section 269A—Interpretation
(1) Section 269A(1)—after the definition of supervision order insert:
training centre means a training centre established for the detention of youths;
(2) Section 269A(1)—after the definition of victim insert:
youth has the same meaning as in the Young Offenders Act 1993
.
(3) Section 269A—after subsection (2) insert:
(3) In applying a provision of this Part to a youth who is being or has been dealt with as a youth (and not as an adult)—
(a) a reference to custody in a prison is to be read as detention in a training centre; and
(b) a reference to the Parole Board is to be read as a reference to the Training Centre Review Board .
Part 4—Amendment of Criminal Law (Sentencing) Act 1988
4—Amendment of section 3—Interpretation
(1) Section 3(1), definition of CEO —delete ", under a Minister,"
(2) Section 3(1), definition of CEO —after "responsible for" insert:
assisting a Minister in
(3) Section 3(1), definition of community corrections officer —delete ", under a Minister,"
(4) Section 3(1), definition of community corrections officer —after "responsible for" insert:
assisting a Minister in
(5) Section 3(1), definition of Minister for Family and Community Services —delete the definition and substitute:
Minister for Youth Justice means the Minister responsible for the administration of the Youth Justice Administration Act 2016
;
5—Amendment of section 3A—Application of Act to youths
(1) Section 3A(3)(d)—delete ", under a Minister, responsible for the administration of the Family and Community Services Act 1972
" and substitute:
responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016
(2) Section 3A(3)(e)—delete "person authorised (individually or by class) by the Minister for Family and Community Services to exercise the powers of a community corrections officer in relation to youths" and substitute:
community youth justice officer under the Youth Justice Administration Act 2016
(3) Section 3A(3)—after paragraph (g) insert:
(h) a reference to the Minister for Correctional Services is to be read as a reference to the Minister for Youth Justice.
6—Amendment of section 23—Offenders incapable of controlling, or unwilling to control, sexual instincts
(1) Section 23(8)(a)—delete "Minister for Family and Community Services" and substitute:
Minister for Youth Justice
(2) Section 23(10)(a)—delete "Minister for Family and Community Services" and substitute:
Minister for Youth Justice
7—Amendment of section 79A—Rights on arrest
Section 79A(1a)(c)—delete "a person nominated by the Chief Executive Officer within the meaning of the Family and Community Services Act 1972
" and substitute:
a person, or a person of a class, nominated by the Chief Executive within the meaning of the Youth Justice Administration Act 2016
Part 5—Amendment of Family and Community Services Act 1972
8—Repeal of section 7
Section 7—delete the section
9—Amendment of section 36—Establishment of facilities and programs for children
(1) Section 36(1)(a)—delete paragraph (a)
(2) Section 36(2)—delete "training centre,"
(3) Section 36(3)—delete "training centre,"
10—Amendment of section 77—Unlawful communication with children in certain facilities
(1) Section 77(a)—delete "training centre,"
(2) Section 77(b)—delete "who is being detained in or"
11—Amendment of section 236—Limitation on tortious liability for acts of certain children
Section 236—delete ", or a person who is being detained in a training centre or any other place pursuant to the Young Offenders Act 1993
(whether or not the person is on the premises of the training centre or other place at the time he or she committed the tort)"
12—Amendment of section 251—Regulations
(1) Section 251(c)—delete "training centres,"
(2) Section 251(e1)—delete paragraph (e1)
Part 6—Amendment of Young Offenders Act 1993
13—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of Chief Executive insert:
community youth justice officer has the same meaning as in the Youth Justice Administration Act;
(2) Section 4(1), definition of Department —delete the definition and substitute:
Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016
;
(3) Section 4(1), definition of training centre —delete the definition and substitute:
training centre means a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972
or the Youth Justice Administration Act;
(4) Section 4(1)—after the definition of youth insert:
Youth Justice Administration Act means the Youth Justice Administration Act 2016
;
14—Amendment of section 15—How youth is to be dealt with if not granted bail
Section 15(1a)—delete subsection (1a) and substitute:
(1a) Subsection (1) does not apply in relation to—
(a) a youth who is already, or has previously been, in custody in a prison; or
(b) a person who, at the time bail is not granted, is aged 21 years or more (regardless of the alleged age of the person at the time of the relevant alleged offence).
15—Amendment of section 23—Limitation on power to impose custodial sentence
(1) Section 23(2)(b) and (c)—delete paragraphs (b) and (c) and substitute:
(b) home detention for a period not exceeding 12 months, or for periods not exceeding 12 months in aggregate over 2 years or less; or
(c) detention in a training centre for a period not exceeding 2 years to be followed by home detention for a period not exceeding 12 months.
(2) Section 23(6)—delete "the sentence—" and substitute:
the sentence, the following provisions apply:
(3) Section 23(6)(a)—delete "or"
(4) Section 23(6)(b)—delete "may" and substitute:
must, unless satisfied that there are exceptional circumstances for not doing so,
(5) Section 23(6)—after paragraph (b) insert:
(c) where the sentence of detention will extend past the youth's 21st birthday, the Court must, unless satisfied that there are exceptional circumstances for not doing so, direct that any period of the detention that is to be served by the youth after he or she reaches 21 years of age is to be served in a prison rather than in a training centre.
16—Amendment of section 26—Limitation on Court's power to require bond
Section 26—after subsection (4) insert:
(5) If an order has been made under this section imposing an obligation that a person be supervised for a period that will extend past the person's 21st birthday, the Court may, on application by the person or the Chief Executive, direct that, after the person reaches 21 years of age, the person be supervised by a community corrections officer rather than by a community youth justice officer.
(6) In subsection (5)
—
community corrections officer means a community corrections officer under the Correctional Services Act 1982
.
17—Amendment of section 36—Detention of youth sentenced as adult
(1) Section 36(2)—delete subsection (2) and substitute:
(2) If a youth is serving a sentence of imprisonment in a training centre, and the sentence of imprisonment will extend past the youth's 18th birthday, the following must occur before the youth reaches 18 years of age:
(a) a report on the youth's progress in detention must be provided by the Chief Executive to the sentencing court;
(b) the sentencing court must review the detention and, having regard to the report and any other matter the court thinks fit, direct that the imprisonment in a training centre continue or the youth be transferred to a prison.
(2) Section 36(4)(b)(iv)—delete subparagraph (iv) and substitute:
(iv) a reference to a community corrections officer will be taken to be a reference to a community youth justice officer under the Youth Justice Administration Act .
18—Amendment of section 36A—Transfer following imposition of concurrent prison sentence
Section 36A(1)—delete "the youth must, unless the sentencing court directs otherwise, be transferred to, and will serve those sentences in, a prison" and substitute:
the sentencing court must, unless satisfied that there are exceptional circumstances as to why such a direction should not be made, direct that the youth be transferred to a prison to serve those sentences
19—Amendment of section 39—Reviews etc and proceedings of Training Centre Review Board
(1) Section 39(6)—after "that birthday," insert:
, and at each periodical review thereafter,
(2) Section 39(6)—delete "on or after his or her birthday"
20—Amendment of section 40A—Leave may be authorised by Board
Section 40A—after subsection (1) insert:
(1a) Leave granted to a youth under this section may be subject to a condition that the youth be monitored by use of an electronic device.
21—Amendment of heading to Part 5 Division 3 Subdivision 3
Heading to Part 5 Division 3 Subdivision 3—delete "from detention" and substitute:
and home detention
22—Amendment of section 41A—Conditional release from detention
(1) Section 41A(2)—delete "The provisions" and substitute:
Subject to subsection (3a), the provisions
(2) Section 41A(3)—delete "The provisions" and substitute:
Subject to subsection (3a), the provisions
(3) Section 41A—after subsection (3) insert:
(3a) The following subsections do not apply in relation to release by the Board of a youth on home detention under section 41B:
(a) subsection (2)(a);
(b) subsection (2)(ab);
(c) subsection (3)(a);
(d) subsection (3)(ab).
23—Amendment of section 41B—Release on condition of home detention
Section 41B(1)—after "The Training Centre Review Board may" insert:
, on the application of the Chief Executive or on its own initiative,
24—Repeal of Part 5 Division 4
Part 5 Division 4—delete Division 4
25—Repeal of sections 49A to 51
Sections 49A to 51 (inclusive)—delete the sections
Section 63—delete the section and substitute:
63—Transfer of youths in detention to other training centre or prison
(1) If a youth has been detained in, or remanded to, a training centre pursuant to an order of a court, the Chief Executive may, in such circumstances as the Chief Executive thinks fit, direct that the youth be removed and placed in some other training centre.
(2) If a person who is of or above the age of 18 years is detained in, or remanded to, a training centre or another place pursuant to an order of a court, the person or the Chief Executive may apply to the Youth Court for an order that the person be transferred to a prison for the remainder of the period of detention or remand.
(3) The Youth Court may not make an order under subsection (2)
unless satisfied that, in the circumstances, a prison would be an appropriate place for the person to be held for the remainder of the period of detention or remand.
(4) If a person who is of or above the age of 17 years has been remanded to, or is being detained in, a training centre or another place pursuant to an order of a court, the Chief Executive may apply to the Youth Court for an order that the person be transferred to a prison for the remainder of the period of remand or detention.
(5) The Youth Court may not make an order under subsection (4)
unless satisfied that—
(a) the person—
(i) cannot be properly controlled in that training centre or other place; or
(ii) has, within the period of 14 days preceding the date of the application, been found guilty of assaulting a person employed, or detained, in that training centre or other place; or
(iii) has persistently incited others in the training centre or other place to cause a disturbance; or
(iv) has escaped or attempted to escape from the training centre; or
(b) the person's needs for rehabilitation, care, correction and guidance cannot be met in that training centre or other place and it is in the best interests of the person for him or her to be transferred to a prison.
(6) If the Youth Court is satisfied, on an application under subsection (4)
, that the person is likely to be a danger to others, the Court may order that the person be held in custody in a prison until the Court has determined the application.
(7) The Youth Court may, on the application of the Chief Executive, the person or a guardian of the person, revoke an order made under subsection (4)
.
(8) If a person is held in custody in a prison by order under this section, the Correctional Services Act 1982
applies to and in relation to that person.
(9) For the purposes of determining an application under this section, the Youth Court must be constituted of a Judge of the Court or a magistrate.
27—Amendment of section 63B—Application of Correctional Services Act 1982 to youth with non-parole period
Section 63B(b)—delete paragraph (b) and substitute:
(b) a reference to a community corrections officer will be taken to be a reference to a community youth justice officer under the Youth Justice Administration Act .
28—Amendment of section 64—Information about youth may be given in certain circumstances
Section 64(2) to (6)—delete subsections (2) to (6) (inclusive)
Part 7—Amendment of Youth Court Act 1993
29—Amendment of section 24—Persons who may be present in Court
Section 24(1)—after paragraph (a) insert:
(ab) officers or employees of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016
;