Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018

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Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018

PARLIAMENT OF VICTORIA Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 1 1 Purposes 1 2 Commencement 2 3 Principal Act 2 Part 2--Amendment of Children, Youth and Families Act 2005 3 Division 1--Purpose and principles of, and conditions on, parole 3 4 Reports by Youth Parole Board 3 5 Release on parole from youth residential centre or youth justice centre 3 Division 2--Electronic monitoring 3 6 Definitions 3 7 Information sharing by Youth Parole Board about release 4 8 Certain conditions to be imposed in relation to certain offences 4 9 Cancellation of parole 7 10 New section 460D inserted 8 11 New Divisions 6 and 7 inserted in Part 5.5 9 12 New Schedule 1A inserted 15 Division 3--Alcohol and drug testing 20 13 New section 458B inserted 20 Division 4--Continuation of direction to transfer young person to prison 22 14 Determination of appeal 22 15 Determination of DPP appeal 22 16 Determination of DPP's appeal--failure to fulfil undertaking 22 17 Power of Youth Parole Board to transfer person to prison 22 18 Detainee may request transfer to prison 23 19 Person transferred from prison to YJC or YRC may be transferred back to prison 24 581502B.I-25/7/2018 i BILL LA INTRODUCTION 25/7/2018

Clause Page Division 5--Exercise of jurisdiction conferred under the Family Law Act 1975 of the Commonwealth 25 20 Jurisdiction of the Family Division 25 21 Rules 26 Division 6--Transitional and validation provisions 26 22 New sections 632 and 633 inserted 26 23 New sections 638 and 639 inserted 28 Division 7--Miscellaneous 29 24 Statute law revision 29 Part 3--Report on electronic monitoring and alcohol and drug testing provisions 30 25 Report on electronic monitoring and alcohol and drug testing provisions 30 Part 4--Amendments related to Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 31 Division 1--Amendment of Children, Youth and Families Act 2005 31 26 Definitions 31 27 Revocation of youth control order 31 28 Consequences of revocation of youth control order 32 29 Youth justice centre orders 33 30 New sections 634, 635, 636 and 637 inserted 33 Division 2--Amendment of Bail Act 1977 35 31 Determination in relation to a person of or over the age of 18 years in a remand centre 35 32 Transitional provisions 36 Part 5--Amendment of Surveillance Devices Act 1999 37 33 Regulation of installation, use and maintenance of tracking devices 37 Part 6--Amendment of Children Legislation Amendment (Information Sharing) Act 2018 38 34 Definitions 38 Part 7--Repeal of electronic monitoring and alcohol and drug testing provisions 39 Division 1--Repeal of electronic monitoring and alcohol and drug testing provisions in Principal Act 39 35 Repeal of electronic monitoring provisions 39 36 Repeal of alcohol and drug testing provision 39 581502B.I-25/7/2018 ii BILL LA INTRODUCTION 25/7/2018

Clause Page Division 2--Repeal of electronic monitoring provision in Surveillance Devices Act 1999 39 37 Repeal of section 8(2)(ae) 39 Part 8--Repeal of amending Act 40 38 Repeal of amending Act 40 ═════════════ Endnotes 41 1 General information 41 581502B.I-25/7/2018 iii BILL LA INTRODUCTION 25/7/2018

PARLIAMENT OF VICTORIA Introduced in the Assembly Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 A Bill for an Act to amend the Children, Youth and Families Act 2005 in relation to parole and other matters and to make amendments to certain Acts related to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 and to make consequential amendments to the Surveillance Devices Act 1999 and to amend the Children Legislation Amendment (Information Sharing) Act 2018 in relation to a definition that Act inserts in the Children, Youth and Families Act 2005 and for other purposes. The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purposes of this Act are-- (a) to amend the Children, Youth and Families 5 Act 2005 in relation to parole and other matters; and 581502B.I-25/7/2018 1 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 1--Preliminary (b) to make amendments to certain Acts related to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017; and 5 (c) to make consequential amendments to the Surveillance Devices Act 1999; and (d) to amend the Children Legislation Amendment (Information Sharing) Act 2018 in relation to a definition that 10 Act inserts in the Children, Youth and Families Act 2005. 2 Commencement (1) This Part, sections 5 and 22 and Division 4 of Part 2 come into operation on the day on which 15 this Act receives the Royal Assent. (2) Parts 4 and 6 and Division 5 of Part 2 come into operation on the day after the day on which this Act receives the Royal Assent. (3) Subject to subsection (4), the remaining 20 provisions of this Act (other than Part 7) come into operation on a day or days to be proclaimed. (4) If a provision of this Act (other than Part 7) does not come into operation before 30 June 2019, it 25 comes into operation on that day. (5) Part 7 comes into operation on 30 June 2022. 3 Principal Act In this Act, the Children, Youth and Families Act 2005 is called the Principal Act. 581502B.I-25/7/2018 2 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 Part 2--Amendment of Children, Youth and Families Act 2005 Division 1--Purpose and principles of, and conditions on, parole 5 4 Reports by Youth Parole Board In section 452(1) of the Principal Act-- (a) in paragraph (b), for "period." substitute "period; and"; (b) after paragraph (b) insert-- 10 "(c) the purposes of parole and the general principles and factors taken into account by the Board when making decisions in relation to parole.". 5 Release on parole from youth residential centre or 15 youth justice centre In section 458(4) of the Principal Act-- (a) in paragraph (b), for "458A." substitute "458A; and"; (b) after paragraph (b) insert-- 20 "(c) any special conditions the Youth Parole Board may impose.". Division 2--Electronic monitoring 6 Definitions In section 3(1) of the Principal Act, in the 25 definition of conviction, for "Part 5.4" substitute "Parts 5.4 and 5.5". 581502B.I-25/7/2018 3 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 7 Information sharing by Youth Parole Board about release In section 455(1) of the Principal Act-- (a) in paragraph (b), for "parole." substitute 5 "parole; and"; (b) after paragraph (b) insert-- "(c) whether an electronic monitoring requirement has been attached to a condition to which the parole order 10 is subject.". 8 Certain conditions to be imposed in relation to certain offences (1) After section 458A(2) of the Principal Act insert-- 15 "(2A) The Youth Parole Board must attach to a condition to which the parole order is subject under subsection (3) a requirement for electronic monitoring of a person to monitor compliance with the condition if 20 the Youth Parole Board is satisfied of the following-- (a) that it is appropriate to attach the requirement in all the circumstances having regard to-- 25 (i) the person's risk of re-offending; and (ii) the extent to which the requirement and the condition to which the requirement is attached 30 may assist in reducing the person's risk of re-offending; and 581502B.I-25/7/2018 4 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (iii) the extent to which the requirement may have an adverse effect on the person's rehabilitation; 5 (b) that the Secretary has available the appropriate resources and facilities to enable electronic monitoring of the person.". (2) In section 458A(3) of the Principal Act-- 10 (a) in paragraph (i)(iv), for "Board." substitute "Board;"; (b) after paragraph (i)(iv) insert-- "(v) that the person remain at their place of residence between the hours, and on the 15 days, specified by the Youth Parole Board, but the hours specified must not exceed 12 hours within a 24-hour period.". (3) After section 458A(3) of the Principal Act 20 insert-- "(4) If the Youth Parole Board attaches an electronic monitoring requirement to a condition of a parole order under subsection (2A), that parole order is 25 subject to the following conditions-- (a) the person must comply with any direction given by the Youth Parole Board or the Secretary under subsection (5); 30 (b) subject to subsections (6) and (7), the person must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the person at the direction of the 35 Youth Parole Board or the Secretary; 581502B.I-25/7/2018 5 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (c) the person must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic 5 monitoring of the condition; (d) the person must accept any visit by the Secretary to the place where the person resides, at any time that it is reasonably necessary and for 10 any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the condition. 15 (5) If an electronic monitoring requirement is attached to a condition of a parole order, the Youth Parole Board or Secretary may give the person such directions as the Board or Secretary considers necessary for the 20 electronic monitoring of the compliance with the condition. (6) The Secretary may give a temporary exemption in respect of the condition referred to in subsection (4)(b) and permit 25 the temporary removal of the electronic monitoring device from the person if, in the opinion of the Secretary, the temporary exemption-- (a) would be beneficial to the person; and 30 (b) may have the potential to-- (i) facilitate the rehabilitation of the person; or (ii) reduce the risk of the person reoffending; and 581502B.I-25/7/2018 6 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (c) would not exacerbate the person's risk of reoffending in any material or prolonged way. Note 5 Division 6 provides for the removal of electronic monitoring devices and equipment. (7) The electronic monitoring device may be removed from the person at any time and without express permission if emergency 10 circumstances are identified making the removal of the electronic monitoring device necessary. Example The removal of an electronic monitoring device may 15 be necessary because the person requires surgery or other medical attention. Note Division 6 provides for the removal of electronic monitoring devices and equipment. 20 (8) If an electronic monitoring device is removed from the person under subsection (7), the electronic monitoring device must be fitted to the person again as soon as practicable in all the circumstances.". 25 9 Cancellation of parole After section 460(9) of the Principal Act insert-- "(10) This section is subject to section 460D.". 581502B.I-25/7/2018 7 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 10 New section 460D inserted Before section 461 of the Principal Act insert-- "460D Requirement to consider cancelling parole in circumstances of electronic monitoring 5 of compliance (1) Subject to subsection (2), the Youth Parole Board must consider whether to cancel a person's parole under section 460(1) if the Youth Parole Board has attached an 10 electronic monitoring requirement to a condition of a parole order and-- (a) the person fails to comply with a condition of the parole order to which the Youth Parole Board has attached 15 the electronic monitoring requirement; or (b) the person fails to comply with a condition of the parole order imposed by this Act because of the Youth 20 Parole Board attaching the electronic monitoring requirement to a condition of the parole order; or (c) the person, while on parole, is charged with or convicted of-- 25 (i) a Category A serious youth offence that is alleged to have been committed or was committed when the person was aged 16 years or over; or 30 (ii) a Category B serious youth offence that is alleged to have been committed or was committed when the person was aged 16 years or over. 581502B.I-25/7/2018 8 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (2) The Youth Parole Board must determine to cancel the person's parole unless the Youth Parole Board is satisfied that circumstances exist that justify the continuation of the 5 parole.". 11 New Divisions 6 and 7 inserted in Part 5.5 After Division 5 of Part 5.5 of the Principal Act insert-- "Division 6--Removal of electronic 10 monitoring devices and equipment 461AA Who may remove electronic monitoring devices and equipment (1) This section applies if a requirement for electronic monitoring of a person is attached 15 to a condition of a parole order and-- (a) the condition is varied to remove the requirement; or (b) the condition is revoked; or (c) the person's parole is cancelled 20 or elapses; or (d) the person is given a temporary exemption under section 458A(6); or (e) the removal of the electronic monitoring device is necessary 25 under section 458A(7). (2) This section also applies if a requirement for electronic monitoring of a person is attached to a condition of a parole order and the person is under arrest on suspicion 30 of having committed an offence. 581502B.I-25/7/2018 9 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (3) Subject to subsection (6), in relation to an electronic monitoring device worn by a person referred to in subsection (1)(a), (b) or (c), an officer may remove-- 5 (a) the electronic monitoring device worn by the person as soon as practicable after the variation, revocation, cancellation or elapse; or (b) any equipment used for the electronic 10 monitoring that is at the place where the person on parole resides or that is in the possession of or on the body of the person. (4) In relation to an electronic monitoring device 15 worn by a person referred to in subsection (1)(d), an officer may remove-- (a) the electronic monitoring device worn by the person as soon as practicable after the Secretary has 20 given the temporary exemption under section 458A(6); and (b) if necessary, any equipment used for the electronic monitoring that is at the place where the person on parole 25 resides or that is in the possession of or on the body of the person. (5) In relation to an electronic monitoring device worn by a person referred to in subsection (1)(e), any person may remove 30 the electronic monitoring device worn by the person as soon as practicable after emergency circumstances are identified under section 458A(7). 581502B.I-25/7/2018 10 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (6) An officer may take action under subsection (3) only on a direction given by the Secretary or the Youth Parole Board. (7) A police officer may remove an electronic 5 monitoring device worn by a person referred to in subsection (2) for any purpose. (8) If practicable, before removing an electronic monitoring device or equipment used for the electronic monitoring of a person, an officer 10 must inform the person that-- (a) the removal is to occur; and (b) the person may consent to the removal; and (c) if the consent is not given, reasonable 15 force may be used-- (i) to remove the device or equipment; and (ii) if the case requires, to enter a place where the person resides 20 in order to remove the device or equipment. (9) If a person does not consent to the removal of an electronic monitoring device or equipment used for the 25 electronic monitoring, an officer may use reasonable force-- (a) to remove the device or equipment from the person; and (b) to enter a place where the person 30 resides in order to remove the device or equipment. 581502B.I-25/7/2018 11 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (10) This section does not affect the power to remove an electronic monitoring device and equipment used for the electronic monitoring of the person to monitor compliance with 5 conditions imposed under section 458A(4) or for a purpose referred to in section 458A(4). (11) In this section-- officer means a person who is-- (a) a police officer; or 10 (b) a police custody officer; or (c) a person or a category or class of person who is authorised under section 461AB; police custody officer has the same meaning 15 as in the Victoria Police Act 2013. 461AB Secretary may authorise employee to exercise powers of officer The Secretary may, by instrument, authorise any of the following to exercise the powers 20 of an officer under section 461AA-- (a) a specified employee of the Department, or an employee holding a specified position in the Department; (b) a specified category of employees in 25 the Department; (c) a specified contractor or sub-contractor of the Department or specified employees or a specified class of employees of the specified contractor 30 or sub-contractor of the Department. 581502B.I-25/7/2018 12 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 Division 7--Disclosure of information about, or derived from, electronic monitoring of person on parole 461AC Definitions 5 In this Division-- electronic monitoring information means information in relation to a person-- (a) who was or is electronically monitored as a requirement 10 attached to a condition of their parole under section 458A; and (b) that specifies the person's location at a particular point in time or movement over a period of time; 15 and (c) that is derived from the electronic monitoring equipment; relevant person means a person specified in an item of Schedule 1A. 20 461AD Authorisation to use or disclose information about, or derived from, electronic monitoring of person (1) A relevant person may use or disclose electronic monitoring information if the 25 use or disclosure is reasonably necessary for-- (a) the performance by the relevant person of functions and duties relating to advising and assisting the Youth 30 Parole Board; or (b) the administration or implementation by the relevant person of a parole order made under Division 5. 581502B.I-25/7/2018 13 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (2) A relevant person may also use or disclose electronic monitoring information in the following circumstances-- (a) if the relevant person believes on 5 reasonable grounds that the use or disclosure is necessary-- (i) to reduce the risk of a person committing a serious offence or to lessen or prevent a threat 10 to the life, health, safety or welfare of any person; or (ii) for the purposes of enforcement of the law including the detection, investigation, prosecution, 15 prevention or reducing the risk of, contraventions of the law; or (iii) for the preparation for, conduct of or participation in-- (A) criminal proceedings in any 20 court; or (B) proceedings before a tribunal; or (C) an inquest or investigation held by a coroner; 25 (b) if the use or disclosure is at the request of, or with the permission of, the person released on a parole order and who is being electronically monitored as a requirement attached to a condition of 30 their parole under section 458A; (c) if the use or disclosure is authorised by the Minister; (d) if the use or disclosure is for the purposes of reporting to, or briefing, 35 the Minister. 581502B.I-25/7/2018 14 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 461AE Offence to use or disclose information about or derived from electronic monitoring unless authorised A person must not use or disclose 5 electronic monitoring information unless that use or disclosure is authorised under section 461AD. Penalty: 120 penalty units. 461AF Division does not affect the use or 10 disclosure of information permitted by other Acts This Division does not affect the use or disclosure of information (other than electronic monitoring information) by a 15 relevant person that would otherwise be permitted by or under the Privacy and Data Protection Act 2014, the Health Records Act 2001, this Act or any other Act.". 20 12 New Schedule 1A inserted After Schedule 1 to the Principal Act insert-- "Schedule 1A--Persons authorised to use or disclose electronic monitoring information 25 Part 1--Persons related to Victorian entities 1. Youth Parole Board (1) A member of the Board. (2) The secretary of the Board. 581502B.I-25/7/2018 15 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 2. Adult Parole Board (1) A member of the Board. (2) The secretary of the Board. 3. The Department 5 (1) The Secretary. (2) A person employed in the Department under Part 3 of the Public Administration Act 2004. (3) A person who provides services or advice 10 (whether paid or unpaid) to or on behalf of the Department. 4. Department of Education and Training (1) The Secretary to the Department of Education and Training. 15 (2) A person employed in the Department of Education and Training under Part 3 of the Public Administration Act 2004. (3) A person who provides services or advice (whether paid or unpaid) to or on behalf of 20 the Department of Education and Training. 5. Department of Health and Human Services (1) The Secretary to the Department of Health and Human Services. 25 (2) A person employed in the Department of Health and Human Services under Part 3 of the Public Administration Act 2004. (3) A person who provides services or advice (whether paid or unpaid) to or on behalf of 30 the Department of Health and Human Services. 581502B.I-25/7/2018 16 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 6. Office of Public Prosecutions (1) The Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975. 5 (2) The Chief Crown Prosecutor within the meaning of the Public Prosecutions Act 1994. (3) A Crown Prosecutor or Associate Crown Prosecutor within the meaning of the Public 10 Prosecutions Act 1994. (4) The Solicitor for Public Prosecutions appointed under the Public Prosecutions Act 1994. (5) A person employed in the Office of Public 15 Prosecutions under Part 3 of the Public Administration Act 2004. (6) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Office of Public Prosecutions. 20 (7) In this item-- Office of Public Prosecutions means the Office continued by section 39 of the Public Prosecutions Act 1994. 7. Victoria Police 25 (1) The Chief Commissioner of Police. (2) A police officer. (3) A Victoria Police employee within the meaning of the Victoria Police Act 2013. (4) A person who provides services or advice 30 (whether paid or unpaid) to or on behalf of Victoria Police. 581502B.I-25/7/2018 17 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 8. Other (1) An officer within the meaning of Part 5 or Part 9 of the Corrections Act 1986. (2) A person authorised by the Minister to use or 5 disclose electronic monitoring information within the meaning of Division 7 of Part 5.5. Part 2--Persons related to entities outside Victoria 9. Australian Federal Police 10 (1) The Commissioner of the Australian Federal Police. (2) A member or a special member of the Australian Federal Police. (3) A person who provides services or advice 15 (whether paid or unpaid) to the Australian Federal Police. 10. Attorney-General's Department of the Commonwealth (1) The Secretary to the Attorney-General's 20 Department of the Commonwealth. (2) An APS employee (within the meaning of the Public Service Act 1999 of the Commonwealth) in the Attorney-General's Department of the Commonwealth. 25 (3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Attorney-General's Department of the Commonwealth. 581502B.I-25/7/2018 18 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 11. Office of the Commonwealth Director of Public Prosecutions (1) The Commonwealth Director of Public Prosecutions. 5 (2) A member of the staff of the Office of the Director of Public Prosecutions within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth. 10 (3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Office of the Commonwealth Director of Public Prosecutions. 12. Department of Home Affairs of the 15 Commonwealth (1) The Secretary to the Department of Home Affairs of the Commonwealth. (2) An APS employee (within the meaning of the Public Service Act 1999 of the 20 Commonwealth) in the Department of Home Affairs of the Commonwealth. (3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Home Affairs of the 25 Commonwealth. 13. Police force of another State or Territory (1) A member of the police force or police service of another State or a Territory. (2) A person who provides services or advice 30 (whether paid or unpaid) to or on behalf of the police force or police service of another State or Territory.". 581502B.I-25/7/2018 19 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 Division 3--Alcohol and drug testing 13 New section 458B inserted After section 458A of the Principal Act insert-- "458B Secretary may direct that person be tested 5 for alcohol or drug use (1) If a person is released under a parole order that contains an abstinence, treatment or testing condition, the Secretary may at any time direct the person to submit to tests to 10 assess whether the person has consumed or used alcohol, any drug of dependence or a Schedule 8 Poison or Schedule 9 Poison. (2) Tests under subsection (1)-- (a) must be of a kind approved by the 15 Secretary; and (b) may include the taking of samples of urine; and (c) if the Secretary so directs, may be conducted or supervised by an officer. 20 (3) The Secretary may give a direction referred to in subsection (2)(c) if the Secretary reasonably believes that the direction is necessary to ensure the reliability and accuracy of the test. 25 (4) If a test includes the taking of a sample of urine from a person and is to be conducted or supervised by an officer in accordance with a direction referred to in subsection (2)(c), the officer must-- 30 (a) if the person identifies as being of a particular gender, be of that gender; or (b) if the person requests that the officer be of a different gender, be of that different gender. 581502B.I-25/7/2018 20 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (5) Subsection (4) need not be complied with if it is not practicable for the test to be conducted or supervised in accordance with that subsection. 5 (6) In this section-- abstinence, treatment or testing condition means a term or condition of a parole order that requires a person to do one or more of the following-- 10 (a) abstain from consuming alcohol; (b) undergo assessment and treatment for abuse of or dependency on alcohol or any drug of dependence, Schedule 8 Poison 15 or Schedule 9 Poison; (c) submit to tests to assess whether the person has consumed alcohol or used any drug of dependence, Schedule 8 Poison or Schedule 9 20 Poison while released on parole; officer means a person who is-- (a) a youth justice officer; or (b) an officer within the meaning of Part 9 of the Corrections 25 Act 1986; or (c) a person or class of person authorised by the Secretary; Schedule 8 Poison has the same meaning as in the Drugs, Poisons and Controlled 30 Substances Act 1981; Schedule 9 Poison has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981.". 581502B.I-25/7/2018 21 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 Division 4--Continuation of direction to transfer young person to prison 14 Determination of appeal At the foot of section 426(2) of the Principal Act 5 insert-- "Note See also sections 467(5), 468(4) and 473(9).". 15 Determination of DPP appeal At the foot of section 429(2) of the Principal Act 10 insert-- "Note See also sections 467(5), 468(4) and 473(9).". 16 Determination of DPP's appeal--failure to fulfil undertaking 15 At the foot of section 429C(2) of the Principal Act insert-- "Note See also sections 467(5), 468(4) and 473(9).". 17 Power of Youth Parole Board to transfer person to 20 prison After section 467(4) of the Principal Act insert-- "(5) If-- (a) the Youth Parole Board has made a direction to transfer a person aged 25 16 years or more to prison under this section; and (b) the person appeals the sentence in respect of which the Youth Parole Board has made a direction referred to 30 in paragraph (a) and that direction is current at the time of the appeal; and 581502B.I-25/7/2018 22 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (c) the appellate court sentences the person to be detained in a youth justice centre on the appeal in respect of the sentence to which the direction referred to in 5 paragraph (a) was made-- despite the appellate court sentencing the person to detention in a youth justice centre, the direction referred to in paragraph (a) to transfer the person to prison continues. 10 (6) For the avoidance of doubt, a direction referred to in subsection (5) continues to be current at the time of an appeal irrespective of whether the person referred to in that subsection is released on bail pending the 15 determination of the appeal. (7) A direction of the Youth Parole Board that is continued under subsection (5) does not affect the ability of the Adult Parole Board to direct the transfer of a person to a youth 20 justice centre under section 471 or a youth residential centre under section 472.". 18 Detainee may request transfer to prison After section 468(3) of the Principal Act insert-- "(4) If-- 25 (a) the Youth Parole Board has made a direction to transfer a person aged 16 years or more to prison under this section; and (b) the person appeals the sentence in 30 respect of which the Youth Parole Board has made a direction referred to in paragraph (a) and that direction is current at the time of the appeal; and 581502B.I-25/7/2018 23 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (c) the appellate court sentences the person to be detained in a youth justice centre on the appeal in respect of the sentence to which the direction referred to in 5 paragraph (a) was made-- despite the appellate court sentencing the person to detention in a youth justice centre, the direction referred to in paragraph (a) to transfer the person to prison continues. 10 (5) For the avoidance of doubt, a direction referred to in subsection (4) continues to be current at the time of an appeal irrespective of whether the person referred to in that subsection is released on bail pending the 15 determination of the appeal. (6) A direction of the Youth Parole Board that is continued under subsection (4) does not affect the ability of the Adult Parole Board to direct the transfer of a person to a youth 20 justice centre under section 471 or a youth residential centre under section 472.". 19 Person transferred from prison to YJC or YRC may be transferred back to prison After section 473(8) of the Principal Act insert-- 25 "(9) If-- (a) the Youth Parole Board has made a direction to transfer a person aged 16 years or more to prison under this section; and 30 (b) the person appeals the sentence in respect of which the Youth Parole Board has made a direction referred to in paragraph (a) and that direction is current at the time of the appeal; and 581502B.I-25/7/2018 24 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (c) the appellate court sentences the person to be detained in a youth justice centre on the appeal in respect of the sentence to which the direction referred to in 5 paragraph (a) was made-- despite the appellate court sentencing the person to detention in a youth justice centre, the direction referred to in paragraph (a) to transfer the person to prison continues. 10 (10) For the avoidance of doubt, a direction referred to in subsection (9) continues to be current at the time of an appeal irrespective of whether the person referred to in that subsection is released on bail pending the 15 determination of the appeal. (11) A direction of the Youth Parole Board that is continued under subsection (9) does not affect the ability of the Adult Parole Board to direct the transfer of a person to a youth 20 justice centre under section 471 or a youth residential centre under section 472.". Division 5--Exercise of jurisdiction conferred under the Family Law Act 1975 of the Commonwealth 25 20 Jurisdiction of the Family Division After section 515(2) of the Principal Act insert-- "(3) The Family Division has any jurisdiction given to the Court by or under the Family Law Act 1975 of the Commonwealth.". 581502B.I-25/7/2018 25 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 21 Rules After section 588(1)(b) of the Principal Act insert-- "(ba) any matter relating to the jurisdiction of 5 the Family Division of the Court given by section 515(3);". Division 6--Transitional and validation provisions 22 New sections 632 and 633 inserted (1) In the heading to Part 8.6 of the Principal Act, for 10 "and transitional" substitute ", transitional and other". (2) At the end of Part 8.6 of the Principal Act insert-- "632 Validation--Children, Youth and 15 Families Amendment (Youth Offender Compliance) Act 2018 (1) Any special condition imposed, or purportedly imposed, by the Youth Parole Board on a person in respect of an 20 order for parole made by the Youth Parole Board during the relevant period under section 458 is taken to have been validly and lawfully imposed under that section and is taken always to have had the same 25 force and effect as it would have had if subsection (4) of that section, as amended by section 5 of the Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018, were in force 30 during the relevant period. 581502B.I-25/7/2018 26 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (2) Any decision made or purportedly made, or any action taken or purportedly taken, by the Youth Parole Board during the relevant period in response to a 5 breach of a special condition imposed or purportedly imposed on a person in respect of an order for parole is taken to have been validly or lawfully made or taken by the Youth Parole Board under 10 section 458 and is taken always to have had the same force and effect as it would have had if subsection (4) of that section, as amended by section 5 of the Children, Youth and Families Amendment 15 (Youth Offender Compliance) Act 2018, were in force during the relevant period. (3) In this section-- relevant period means the period beginning on 23 April 2007 and ending on the day 20 on which section 5 of the Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018 comes into operation. 633 Transitional provision--Children, 25 Youth and Families Amendment (Youth Offender Compliance) Act 2018 (1) Sections 467, 468 and 473, as amended by Division 4 of Part 2 of the Children, Youth and Families Amendment (Youth 30 Offender Compliance) Act 2018, apply in respect of any new sentence imposed on a person by the appellate court on and after the commencement day. 581502B.I-25/7/2018 27 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (2) In this section-- commencement day means the day on which Division 4 of Part 2 of the Children, Youth and Families Amendment 5 (Youth Offender Compliance) Act 2018 comes into operation.". 23 New sections 638 and 639 inserted After section 637 of the Principal Act insert-- "638 Transitional provision--Children, 10 Youth and Families Amendment (Youth Offender Compliance) Act 2018-- electronic monitoring (1) On and after the commencement day, Division 5 of Part 5.5, as amended by 15 Division 2 of Part 2 of the Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018, applies to any parole order, or amendment or variation made to a parole order, that 20 the Youth Parole Board can make under Part 5.5 irrespective of when the offence was committed. (2) Without limiting subsection (1), on and after the commencement day, section 460D, 25 as inserted by section 10 of the Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018, applies to any Category A serious youth offence or a Category B serious youth offence 30 irrespective of when the offence is alleged to have been committed or was committed. 581502B.I-25/7/2018 28 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 2--Amendment of Children, Youth and Families Act 2005 (3) In this section-- commencement day means the day on which Division 2 of Part 2 of the Children, Youth and Families Amendment 5 (Youth Offender Compliance) Act 2018 comes into operation. 639 Transitional provision--Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018-- 10 alcohol and drug testing (1) On and after the commencement day, Division 5 of Part 5.5, as amended by Division 3 of Part 2 of the Children, Youth and Families Amendment 15 (Youth Offender Compliance) Act 2018, applies to any parole order containing an abstinence, treatment or testing condition irrespective of when that parole order was made by the Youth Parole Board. 20 (2) In this section-- commencement day means the day on which Division 3 of Part 2 of the Children, Youth and Families Amendment (Youth Offender Compliance) 25 Act 2018 comes into operation.". Division 7--Miscellaneous 24 Statute law revision (1) In section 3(1) of the Principal Act, in the definition of Category B serious youth offence, 30 after "following sections" insert "of". (2) In section 356(9) of the Principal Act, after "operation of" insert "section". (3) In section 362(1)(g)(ii) of the Principal Act, for "so." substitute "so; and". 581502B.I-25/7/2018 29 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 3--Report on electronic monitoring and alcohol and drug testing provisions Part 3--Report on electronic monitoring and alcohol and drug testing provisions 25 Report on electronic monitoring and alcohol and drug testing provisions 5 (1) The Secretary must give to the Minister a report evaluating the operation of Division 2 of Part 2 within 2 years of the commencement of that Division. (2) The Secretary must give to the Minister a report 10 evaluating the operation of Division 3 of Part 2 within 2 years of the commencement of that Division. (3) The Minister must cause a copy of a report required under subsection (1) or (2) to be laid 15 before each House of the Parliament within 5 sitting days of the Minister receiving the report. 581502B.I-25/7/2018 30 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 4--Amendments related to Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 Part 4--Amendments related to Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 Division 1--Amendment of Children, 5 Youth and Families Act 2005 26 Definitions In section 3(1) of the Principal Act, in the definition of offence involving an assault, in paragraph (e) omit "serious". 10 27 Revocation of youth control order (1) For section 409Q(4) of the Principal Act substitute-- "(4) An application under subsection (2) may be made by filing an application with the Court 15 and-- (a) if the applicant is the child or the child's parent, the principal registrar must, as soon as practicable after the making of the application, send by registered post 20 to, or cause to be served personally on, the Secretary a notice of the date set by the Court for the hearing of the application; or (b) if the applicant is the Secretary, the 25 Secretary must, as soon as practicable after the making of the application, send by registered post to, or serve personally on-- (i) the child; and 581502B.I-25/7/2018 31 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 4--Amendments related to Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 (ii) if the child is aged under 15 years, the child's parent-- a notice of the date set by the Court for the hearing of the application; or 5 (c) if the applicant is a police officer, the police officer must, as soon as practicable after the making of the application, send by registered post to, or serve personally on-- 10 (i) the Secretary; and (ii) the child; and (iii) if the child is aged under 15 years, the child's parent-- a notice of the date set by the Court for 15 the hearing of the application. Note Sections 593 to 596 deal with service of documents.". (2) For section 409Q(6) of the Principal Act substitute-- 20 "(6) Before the Court considers an application to revoke an order under this section, the Court may order that a warrant to arrest be issued against the child if the child does not attend for the hearing.". 25 (3) Note 2 at the foot of section 409Q of the Principal Act is repealed. 28 Consequences of revocation of youth control order (1) In section 409R(3)(b) of the Principal Act, for "order." substitute "order; and". 30 (2) After section 409R(3)(b) of the Principal Act insert-- "(c) a report on the child prepared by the Secretary.". 581502B.I-25/7/2018 32 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 4--Amendments related to Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 29 Youth justice centre orders In section 413(3A)(b) and (4A)(b) and (c) of the Principal Act, after "remand centre" insert "or a youth residential centre". 5 30 New sections 634, 635, 636 and 637 inserted At the end of Part 8.6 of the Principal Act insert-- "634 Transitional provision--Children, Youth and Families Amendment 10 (Youth Offender Compliance) Act 2018-- definition of offence involving an assault (1) The definition of offence involving an assault in section 3(1), as amended by section 26 of the Children, Youth and 15 Families Amendment (Youth Offender Compliance) Act 2018 applies to the sentencing of an offender for an offence alleged to have been committed on or after the commencement day. 20 (2) In this section-- commencement day means the day on which section 26 of the Children, Youth and Families Amendment (Youth Offender Compliance) 25 Act 2018 comes into operation. 635 Transitional provision--Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018-- revocation of youth control order 30 (1) The amendments made to section 409Q by section 27 of the Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018 apply to an application made on or after the 35 commencement day for the revocation 581502B.I-25/7/2018 33 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 4--Amendments related to Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 of a youth control order, irrespective of when the youth control order was made. (2) In this section-- commencement day means the day on 5 which section 27 of the Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018 comes into operation. 636 Transitional provision--Children, 10 Youth and Families Amendment (Youth Offender Compliance) Act 2018-- consequences of revocation of youth control order (1) The amendments made to section 409R by 15 section 28 of the Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018 apply to the sentencing of a person on or after the commencement day, irrespective of when-- 20 (a) the youth control order, the subject of the application for revocation, was made; or (b) the application for revocation of the youth control order was made. 25 (2) In this section-- commencement day means the day on which section 28 of the Children, Youth and Families Amendment (Youth Offender Compliance) 30 Act 2018 comes into operation. 581502B.I-25/7/2018 34 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 4--Amendments related to Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 637 Transitional provision--Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018--youth justice centre orders 5 (1) The amendments made to section 413 by section 29 of the Children, Youth and Families Amendment (Youth Offender Compliance) Act 2018 apply to the sentencing of an offender for an offence 10 alleged to have been committed on or after the commencement day. (2) In this section-- commencement day means the day on which section 29 of the Children, 15 Youth and Families Amendment (Youth Offender Compliance) Act 2018 comes into operation.". Division 2--Amendment of Bail Act 1977 31 Determination in relation to a person of or over the 20 age of 18 years in a remand centre (1) For section 3C(a) and (b) of the Bail Act 1977 substitute-- "(a) the accused in a criminal proceeding in any court is of or over the age of 18 years and the 25 criminal proceeding relates to one or more offences alleged to have been committed when the accused was of or over the age of 18 years; and (b) the accused is remanded in custody as a child 30 in a different criminal proceeding--". (2) In section 3C(c) and (d) of the Bail Act 1977, for "the youth remand centre" substitute "a youth remand centre". 581502B.I-25/7/2018 35 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 4--Amendments related to Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 32 Transitional provisions Before Schedule 1 to the Bail Act 1977 insert-- "(21) The amendments made to section 3C by section 31 of the Children, Youth and 5 Families Amendment (Youth Offender Compliance) Act 2018 apply to a determination made on or after the commencement of section 31 of that Act, irrespective of when the offence referred 10 to in section 3C(a) is alleged to have been committed.". 581502B.I-25/7/2018 36 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 5--Amendment of Surveillance Devices Act 1999 Part 5--Amendment of Surveillance Devices Act 1999 33 Regulation of installation, use and maintenance of tracking devices 5 After section 8(2)(ad) of the Surveillance Devices Act 1999 insert-- "(ae) the installation, use or maintenance of a tracking device in accordance with a parole order under the Children, Youth and 10 Families Act 2005; or". 581502B.I-25/7/2018 37 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 6--Amendment of Children Legislation Amendment (Information Sharing) Act 2018 Part 6--Amendment of Children Legislation Amendment (Information Sharing) Act 2018 34 Definitions 5 In section 16 of the Children Legislation Amendment (Information Sharing) Act 2018, after "Child Wellbeing and Safety Act 2005" (where twice occurring) insert "other than a person or body specified in section 41T of that 10 Act (whether or not that person or body is exercising a judicial or quasi-judicial function)". 581502B.I-25/7/2018 38 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 7--Repeal of electronic monitoring and alcohol and drug testing provisions Part 7--Repeal of electronic monitoring and alcohol and drug testing provisions Division 1--Repeal of electronic monitoring and alcohol and drug testing provisions 5 in Principal Act 35 Repeal of electronic monitoring provisions (1) In section 455(1) of the Principal Act-- (a) in paragraph (b), for "parole; and" substitute "parole."; 10 (b) paragraph (c) is repealed. (2) Sections 458A(2A), (4), (5), (6), (7) and (8), 460(10) and 460D of the Principal Act are repealed. (3) Divisions 6 and 7 of Part 5.5 of, and Schedule 1A 15 to, the Principal Act are repealed. 36 Repeal of alcohol and drug testing provision Section 458B of the Principal Act is repealed. Division 2--Repeal of electronic monitoring provision in Surveillance Devices Act 1999 20 37 Repeal of section 8(2)(ae) Section 8(2)(ae) of the Surveillance Devices Act 1999 is repealed. 581502B.I-25/7/2018 39 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Part 8--Repeal of amending Act Part 8--Repeal of amending Act 38 Repeal of amending Act This Act is repealed on 30 June 2023. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ 581502B.I-25/7/2018 40 BILL LA INTRODUCTION 25/7/2018

Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. By Authority. Government Printer for the State of Victoria. 581502B.I-25/7/2018 41 BILL LA INTRODUCTION 25/7/2018

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