[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page Children and Young Persons (Miscellaneous Amendments) Act 1996 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Principal Act 2 PART 2--TRANSFERS 3 4. Custody 3 5. Amendment of section 237 3 6. Amendment of section 239 3 7. Amendment of section 243 4 8. Subdivision heading 5 9. Amendment of section 244 5 10. Insertion of new sections 244A and 244B 6 244A. Person in prison may be transferred to youth residential centre 6 244B. Person transferred from prison to YTC or YRC may be transferred back to prison 8 11. Amendment of the Corrections Act 1986 10 PART 3--CHILDREN'S COURT 11 12. Chief Magistrate to appoint when Court is to be held 11 13. Chief Magistrate may arrange for attendance of an acting magistrate 11 14. Assignment of acting magistrates 11 15. Acting magistrate must carry out assigned duties 12 16. Protection and immunity of acting magistrate 12 17. Supreme Court--limitation of jurisdiction 12 18. New Division 5A inserted in Part 5 12 Division 5A--Rules 12 280A. Rules 12 PART 4--MISCELLANEOUS 14 19. Repeal 14 20. Consequential amendments 14 i 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Clause Page 21. Statute law revision 14 22. Savings 14 23. Transitional 15 NOTES 16 ii 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
A BILL to amend the Children and Young Persons Act 1989 and the Corrections Act 1986, to repeal the Youth Affairs Act 1986 and for other purposes. Children and Young Persons (Miscellaneous Amendments) Act 1996 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to permit in certain circumstances the transfer of a young person-- 5 (i) from a prison to a youth residential centre; or 1 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 2 Act No. (ii) from a youth residential centre to a youth training centre; or (iii) from a youth training centre to a prison; (b) to clarify the issue of custody when a child is brought back to the Children's Court after the 5 adjournment of a proceeding; (c) to make other miscellaneous amendments to the Children and Young Persons Act 1989; (d) to repeal the Youth Affairs Act 1986. 2. Commencement 10 This Act comes into operation on the day on which it receives the Royal Assent. 3. Principal Act No. 56/1989. In this Act, the Children and Young Persons Act Reprinted to 1989 is called the Principal Act. 15 No. 109/1994. _______________ 2 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 4 Act No. PART 2--TRANSFERS 4. Custody In section 25 of the Principal Act, after sub- section (5) insert-- "(5A) A child being removed from a remand centre 5 or a secure welfare service to be brought before the Court in compliance with an order under sub-section (4) is, during the time of removal, deemed to be in the legal custody of the member of the police force, protective 10 services officer or other officer having the custody of the child.". 5. Amendment of section 237 In section 237 of the Principal Act-- (a) after "court" insert "or a person transferred 15 to a youth residential centre under this Division"; and (b) for "detention in a youth residential centre" substitute "sentence"; and (c) after "person" (where last occurring) insert 20 "or the age and maturity of the person". 6. Amendment of section 239 In section 239 of the Principal Act, after sub- section (4) insert-- "(5) Despite section 231, the Youth Parole Board 25 must not release a person who-- (a) has been sentenced to a period of imprisonment; and (b) has been transferred from prison and is currently detained in a youth training 30 centre-- 3 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 7 Act No. on parole before the expiry of any non- parole period fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991. (6) Despite section 231, the Youth Parole Board 5 must not release a person on parole if-- (a) the person has been sentenced to a period of imprisonment of 12 months or more; and (b) a non-parole period has not been fixed 10 in accordance with Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991. (7) In determining whether to release a person on parole, the Youth Parole Board may take 15 into account the periods which that person has spent in prison and in a youth residential centre.". 7. Amendment of section 243 In section 243 of the Principal Act, for sub-section 20 (6) substitute-- "(6) Despite section 227, the Youth Residential Board must not release a person who-- (a) has been sentenced to a term of imprisonment; and 25 (b) has been transferred from prison and is currently detained in a youth residential centre-- on parole before the expiry of any non- parole period fixed in accordance with 30 Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991. 4 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 8 Act No. (7) Despite section 227, the Youth Residential Board must not release a person on parole if-- (a) the person has been sentenced to a term of imprisonment of 12 months or more; 5 and (b) a non-parole period has not been fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991. 10 (8) In determining whether to release a person on parole, the Youth Residential Board may take into account the periods which that person has spent in prison and in a youth training centre.". 15 8. Subdivision heading For the heading to Subdivision 5 of Division 10 of Part 4 of the Principal Act substitute-- "Subdivision 5--Transfers to and from Prison". 20 9. Amendment of section 244 In section 244 of the Principal Act, for sub- sections (6) and (7) substitute-- "(6) Despite section 231, the Youth Parole Board must not release a person who-- 25 (a) has been sentenced to a term of imprisonment; and (b) has been transferred from prison and is currently detained in a youth training centre-- 30 on parole before the expiry of any non- parole period fixed in accordance with 5 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 10 Act No. Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991. (7) Despite section 231, the Youth Parole Board must not release a person on parole if-- (a) the person has been sentenced to a term 5 of imprisonment of 12 months or more; and (b) a non-parole period has not been fixed in accordance with Subdivision (1) of Division 2 of Part 3 of the Sentencing 10 Act 1991. (8) In determining whether to release a person on parole, the Youth Parole Board may take into account the periods which that person has spent in prison.". 15 10. Insertion of new sections 244A and 244B After section 244 of the Principal Act insert-- "244A. Person in prison may be transferred to youth residential centre (1) If the Adult Parole Board considers it 20 appropriate in the interests of a child under the age of 17 years imprisoned in a prison to transfer the child to a youth residential centre, the Adult Parole Board may direct that the child be transferred to a youth 25 residential centre. (2) The Adult Parole Board may only make a direction under sub-section (1) if, after considering a report from the Director- General, the Board is satisfied that-- 30 (a) the child is suitable for detention in a youth residential centre; and (b) a place is available in a youth residential centre. 6 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 10 Act No. (3) The Director-General of Corrections must cause the physical removal of a child from a prison to a youth residential centre on the direction of the Adult Parole Board under sub-section (1). 5 (4) A child directed to be transferred under sub- section (1), while being removed from a prison to a youth residential centre, is deemed to be in the legal custody of the officer having the custody of the child and 10 acting under the direction of the Adult Parole Board and that officer must deliver the child into the custody of the officer in charge of the youth residential centre. (5) A member of the police force may, if 15 requested to do so by the Director-General of Corrections, assist the officer referred to in sub-section (4) in the discharge of his or her duties under that sub-section and, in that case, the child being transferred is deemed to 20 be in the legal custody of the member of the police force. (6) A child transferred from a prison to a youth residential centre under sub-section (1) becomes, on transfer, subject to the 25 jurisdiction of the Youth Residential Board for the unexpired portion of the term of his or her sentence and that sentence is to be treated for all purposes as a sentence of detention in a youth residential centre. 30 (7) Despite section 227, the Youth Residential Board must not release a person who-- (a) has been sentenced to a term of imprisonment; and 7 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 10 Act No. (b) has been transferred from prison and is currently detained in a youth residential centre-- on parole before the expiry of any non- parole period fixed in accordance with 5 Subdivision (1) of Division 2 of Part 3 of the Sentencing Act 1991. (8) Despite section 227, the Youth Residential Board must not release a person on parole if-- 10 (a) the person has been sentenced to a term of imprisonment of 12 months or more; and (b) a non-parole period has not been fixed in accordance with Subdivision (1) of 15 Division 2 of Part 3 of the Sentencing Act 1991. (9) In determining whether to release a person on parole, the Youth Residential Board may take into account the periods which that 20 person has spent in prison. 244B. Person transferred from prison to YTC or YRC may be transferred back to prison (1) The Youth Parole Board may direct that a person aged 16 years or more who has been 25 transferred to-- (a) a youth training centre under section 244(1); or (b) a youth residential centre under section 244A(1)-- 30 and is currently detained in a youth training centre, be transferred to a prison to serve the unexpired portion of the period of his or her sentence. 8 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 10 Act No. (2) The Youth Parole Board may only make a direction under sub-section (1) in respect of a person if the Board considers the direction appropriate, having regard to-- (a) the antecedents and behaviour of the 5 person; and (b) the length of the unexpired portion of the person's sentence; and (c) the age and maturity of the person; and (d) a report from the Director-General. 10 (3) The Director-General must cause the physical removal of a person from a youth training centre to a prison on the direction of the Youth Parole Board under this section. (4) A person directed to be transferred under this 15 section, while being removed from a youth training centre to a prison, is deemed to be in the legal custody of the officer having the custody of that person and acting under the direction of the Youth Parole Board and that 20 officer must deliver that person into the custody of the officer in charge of the prison. (5) A member of the police force may, if requested to do so by the Director-General, assist the officer referred to in sub-section 25 (4) in the discharge of his or her duties under that sub-section and, in that case, the person being transferred is deemed to be in the legal custody of the member of the police force. (6) A person transferred to a prison under this 30 section becomes, on transfer, subject to the jurisdiction of the Adult Parole Board for the unexpired portion of the term of his or her sentence and that sentence is to be treated for all purposes as a sentence of imprisonment. 35 9 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 11 Act No. (7) In determining whether to release a person on parole, the Adult Parole Board may take into account the periods which the person has spent in a youth training centre and a youth residential centre.". 5 11. Amendment of the Corrections Act 1986 In section 69(1) of the Corrections Act 1986, for "the Community Services Act 1970 and the regulations under that Act" substitute "Division 10 of Part 4 of the Children and Young Persons 10 Act 1989 and the regulations made under that Division". _______________ 10 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 12 Act No. PART 3--CHILDREN'S COURT 12. Chief Magistrate to appoint when Court is to be held No. 56/1989. (1) In section 9(1) of the Principal Act, for paragraph Reprinted to (b) substitute-- No. 109/1994. "(b) on such days and at such times as the Chief 5 Magistrate from time to time appoints by notice published in the Government Gazette.". (2) In section 9 of the Principal Act, after sub-section (1) insert-- 10 "(1A) The Chief Magistrate may from time to time by notice published in the Government Gazette alter the days and times appointed for the holding of the Court at any place.". 13. Chief Magistrate may arrange for attendance of an 15 acting magistrate In section 10 of the Principal Act, after "a magistrate" insert "or an acting magistrate". 14. Assignment of acting magistrates (1) In section 11(1) of the Principal Act, after 20 "Magistrates' Court Act 1989" insert "or as an acting magistrate under section 9 of that Act". (2) In section 11(2) of the Principal Act-- (a) after "a magistrate" (where first occurring) insert "or acting magistrate"; and 25 (b) after "the magistrate" insert "or acting magistrate". (3) In section 11(3) of the Principal Act, after "a magistrate" insert "or acting magistrate". 11 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 15 Act No. (4) In section 11(4) of the Principal Act, after "magistrate" (where first and fourthly occurring) insert "or acting magistrate". (5) In section 11(5) of the Principal Act, after "magistrate" (where first occurring) insert "or 5 acting magistrate". 15. Acting magistrate must carry out assigned duties In section 13 of the Principal Act, after "A magistrate" insert "for the Court". 16. Protection and immunity of acting magistrate 10 In section 14 of the Principal Act, after "magistrate" (where first occurring) insert "or acting magistrate". 17. Supreme Court--limitation of jurisdiction (1) In section 279A of the Principal Act, before "It" 15 insert "(1)". (2) At the end of section 279A of the Principal Act insert-- "(2) It is the intention of section 14, as amended by section 16 of the Children and Young 20 Persons (Miscellaneous Amendments) Act 1996, to alter or vary section 85 of the Constitution Act 1975.". 18. New Division 5A inserted in Part 5 In Part 5 of the Principal Act, after Division 5 25 insert-- "Division 5A--Rules 280A. Rules (1) The Chief Magistrate and the Children's Court Senior Magistrate may jointly make 30 Rules for or with respect to the prescription 12 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 18 Act No. of forms for the purposes of the Family Division of the Court. (2) A rule under sub-section (1) must not be inconsistent with a provision made by or under this or any other Act, whether the 5 provision was made before or after the making of the rule.". _______________ 13 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 19 Act No. PART 4--MISCELLANEOUS 19. Repeal The Youth Affairs Act 1986 is repealed. 20. Consequential amendments (1) In section 15AA(1) of the Education Act 1958 5 for "the Youth Affairs Act 1986" substitute "for the purposes of programs the primary purpose of which is to assist or involve, or provide resources or facilities to, young people". (2) In section 6(2) of the Liquor Control Act 1987, 10 omit paragraph (g). 21. Statute law revision (1) In sections 37(1), 39, 50(b), 53(b) and 136(a) of the Principal Act, for "Chief General Manager of the Department of Health" substitute "Secretary 15 to the Department of Justice". (2) In section 265(1)(aa) of the Principal Act, for 25(2)" substitute "25(1A)". 22. Savings (1) The repeal of the Youth Affairs Act 1986 does 20 not affect the operation, continuity or effect of any agreement made under that Act and in force immediately before that repeal and that Act continues to apply in respect of any such agreement as if that Act had not been repealed. 25 (2) Without limiting sub-section (1), the repeal of the Youth Affairs Act 1986 does not affect-- (a) any liability to repay any amount required to be repaid under an agreement under that Act and in force immediately before that repeal; 30 or 14 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 s. 23 Act No. (b) any obligation, right or power of any person under an agreement under that Act and in force immediately before that repeal-- and any such liability, obligation, right or power continues and may be enforced or exercised as if 5 that Act had not been repealed. 23. Transitional (1) The Principal Act as amended by Part 2 of this Act applies to a person, whether the person-- (a) was sentenced to a period of imprisonment; 10 or (b) was transferred under Division 10 of Part 4 of the Principal Act-- before or after the commencement of this Act. (2) The amendments to the Principal Act made by 15 Part 2 of this Act do not affect the release of a person on parole under Division 10 of Part 4 of the Principal Act before the commencement of this Act. 20 15 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
Children and Young Persons (Miscellaneous Amendments) Act 1996 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 16 531075B.I1-8/10/96 BILL LA INTRODUCTION 8/10/96
[Index] [Search] [Download] [Related Items] [Help]