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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Young Offenders Amendment Bill 2023
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 15A amended 2
5. Section 19 amended 2
6. Section 21 amended 3
7. Section 21A inserted 4
21A. Chief executive officer may direct that
mandatory transfer does not apply 4
8. Section 118 amended 5
9. Section 118A amended 5
10. Section 142B amended 7
11. Section 178 amended 7
12. Sections 178A and 178B inserted 9
178A. Transfer of offender who has reached age
of 18 years from detention centre to prison 9
178B. Chief executive officer may direct that
mandatory transfer does not apply 10
13. Part 11 Division 3 heading replaced 11
Division 3 -- Transitional provisions
Subdivision 1 -- General
14. Part 11 Division 3 Subdivision 2 inserted 11
Subdivision 2 -- Transitional provisions for Young
Offenders Amendment Act 2023
235A. Term used: commencement day 11
235B. Young persons in detention on
commencement day who have reached
age of 18 years 11
235C. Offenders in detention on commencement
day who have reached age of 18 years 12
235D. Applications not yet determined taken to
be withdrawn 12
108--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Young Offenders Amendment Bill 2023
A Bill for
An Act to amend the Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Young Offenders Amendment Bill 2023
s. 1
1 1. Short title
2 This is the Young Offenders Amendment Act 2023.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Young Offenders Act 1994.
10 4. Section 15A amended
11 After section 15A(7) insert:
12
13 (7A) Despite this section, the chief executive officer may
14 provide information relating to a person who is, or was,
15 a young offender or detainee (as the case may be) to
16 1 or more of the individuals referred to in
17 subsection (5)(a) if --
18 (a) the person is transferred under section 21(2); or
19 (b) a direction is made in respect of the person
20 under section 178(3); or
21 (c) the person is transferred under section 178A(2).
22
23 5. Section 19 amended
24 (1) In section 19(2) after "custody" insert:
25
26 who is under 18 years old and
27
page 2
Young Offenders Amendment Bill 2023
s. 6
1 (2) In section 19(3) after "young person" insert:
2
3 who is under 18 years old
4
5 Note: The heading to amended section 19 is to read:
6 Detention of young persons apprehended by police
7 6. Section 21 amended
8 (1) Delete section 21(1) and insert:
9
10 (1) Subject to the Bail Act 1982 --
11 (a) a young person who is under 18 years old may
12 be detained in a detention centre during the
13 period for which the person has been remanded
14 by a court, or during the period of the person's
15 detention on committal for trial in the Supreme
16 Court or the District Court; and
17 (b) a young person who has reached the age
18 of 18 years must not be detained in a detention
19 centre during either of the periods described in
20 paragraph (a) unless a direction under
21 section 21A(1) or 178B(1) in respect of the
22 young person is in force.
23
24 (2) In section 21(2) delete the passage that begins with
25 "subsection (1)," and continues to the end of the subsection and
26 insert:
27
28 subsection (1)(a), the chief executive officer must transfer the
29 young person to a prison under the Prisons Act 1981 unless a
30 direction under section 21A(1) or 178B(1) in respect of the
31 young person is in force.
32
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Young Offenders Amendment Bill 2023
s. 7
1 (3) After section 21(2) insert:
2
3 (3) A transfer under subsection (2) must be made within
4 30 days after --
5 (a) the day on which the young person reaches the
6 age of 18 years; or
7 (b) if the chief executive officer revokes under
8 section 21A(3) or 178B(3) a direction in respect
9 of the young person -- the day on which the
10 direction is revoked.
11 (4) A failure to comply with subsection (3) does not
12 invalidate the transfer.
13 (5) A young person transferred to a prison under
14 subsection (2) is taken to be an adult prisoner on
15 remand.
16
17 7. Section 21A inserted
18 At the end of Part 4 insert:
19
20 21A. Chief executive officer may direct that mandatory
21 transfer does not apply
22 (1) The chief executive officer may, in writing, direct that
23 a transfer under section 21(2) does not apply in relation
24 to a particular young person.
25 (2) In giving a direction under subsection (1), the chief
26 executive officer --
27 (a) must have regard to --
28 (i) the interests of the young person; and
page 4
Young Offenders Amendment Bill 2023
s. 8
1 (ii) the interests of other persons detained in
2 the detention centre;
3 and
4 (b) may have regard to any other matter the chief
5 executive officer considers appropriate.
6 (3) The chief executive officer may, in writing, revoke a
7 direction given under subsection (1).
8 (4) The rules known as the rules of natural justice
9 (including any duty of procedural fairness) do not
10 apply to or in relation to the doing or omission of any
11 act, matter or thing under this section by the chief
12 executive officer.
13 (5) The young person cannot apply for a review of, or an
14 appeal against, a decision under this section.
15 (6) Subsection (5) does not limit judicial review for
16 jurisdictional error.
17
18 8. Section 118 amended
19 In section 118(4) delete "section 178(4)(a)," and insert:
20
21 section 178(4),
22
23 Note: The heading to amended section 118 is to read:
24 Sentencing for offences punishable by imprisonment
25 9. Section 118A amended
26 (1) In section 118A(1):
27 (a) delete "If --" and insert:
28
29 Subsection (1A) applies if --
30
page 5
Young Offenders Amendment Bill 2023
s. 9
1 (b) in paragraph (b) delete "he or she is to be imprisoned,"
2 and insert:
3
4 the young person is to be imprisoned.
5
6 (c) delete the passage that begins with "then," and continues
7 to the end of the subsection.
8 (2) After section 118A(1) insert:
9
10 (1A) The young person must serve the sentence in a
11 detention centre and not in a prison unless --
12 (a) a direction is made in respect of the young
13 person under section 118(4) or 178(3); or
14 (b) the young person is transferred under
15 section 178A(2).
16
17 (3) In section 118A(2):
18 (a) delete "If --" and insert:
19
20 Subsection (2A) applies if --
21
22 (b) in paragraph (b) delete "he or she is to be imprisoned,"
23 and insert:
24
25 the young person is to be imprisoned.
26
27 (c) delete the passage that begins with "then" and continues
28 to the end of the subsection.
page 6
Young Offenders Amendment Bill 2023
s. 10
1 (4) After section 118A(2) insert:
2
3 (2A) The young person must serve the sentence in a prison.
4
5 (5) In section 118A(3):
6 (a) delete "subsection (1)," and insert:
7
8 subsection (1A),
9
10 (b) delete "offender" and insert:
11
12 young person
13
14 10. Section 142B amended
15 In section 142B(2) delete "CEO." and insert:
16
17 chief executive officer.
18
19 11. Section 178 amended
20 (1) Before section 178(1) insert:
21
22 (1A) This section applies to an offender who has reached the
23 age of 16 years but is under 18 years old.
24
25 (2) In section 178(1) delete "an offender" and insert:
26
27 the offender
28
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Young Offenders Amendment Bill 2023
s. 11
1 (3) Delete section 178(2).
2 (4) In section 178(3) delete "sentence in a prison." and insert:
3
4 sentence.
5
6 (5) Delete section 178(4) and insert:
7
8 (4) A direction under subsection (3) can be made only if
9 the Court is satisfied that the offender should be
10 transferred to a prison because --
11 (a) the offender's behaviour in the detention centre
12 (including when serving a previous sentence) is
13 or has been a significant risk to the safety or
14 welfare of other people in custody in, or of the
15 staff of, the centre; or
16 (b) of the offender's antecedents; or
17 (c) of any other reason the Court thinks is relevant.
18
19 (6) In section 178(5)(b) delete "Part 8 and Division 8 of Part 7" and
20 insert:
21
22 Part 7 Division 8 and Part 8
23
24 Note: The heading to amended section 178 is to read:
25 Transfer of offender who is 16 or 17 years old from detention
26 centre to prison
page 8
Young Offenders Amendment Bill 2023
s. 12
1 12. Sections 178A and 178B inserted
2 After section 178 insert:
3
4 178A. Transfer of offender who has reached age of
5 18 years from detention centre to prison
6 (1) This section applies to an offender who has reached the
7 age of 18 years.
8 (2) If the offender is in a detention centre serving a
9 sentence of detention or a sentence of imprisonment,
10 the chief executive officer must transfer the offender to
11 a prison under the Prisons Act 1981 to serve the
12 unserved portion of the sentence unless a direction
13 under section 178B(1) in respect of the offender is in
14 force.
15 (3) A transfer under subsection (2) must be made within
16 30 days after --
17 (a) the day on which the offender reaches the age
18 of 18 years; or
19 (b) if the chief executive officer revokes under
20 section 178B(3) a direction in respect of the
21 offender -- the day on which the direction is
22 revoked.
23 (4) A failure to comply with subsection (3) does not
24 invalidate the transfer.
25 (5) If the chief executive officer transfers under
26 subsection (2) an offender who is serving a sentence of
27 detention --
28 (a) the Prisons Act 1981 applies to and in respect
29 of the offender while in prison; and
30 (b) Part 7 Division 8 and Part 8 continue to apply
31 to the sentence of detention.
page 9
Young Offenders Amendment Bill 2023
s. 12
1 178B. Chief executive officer may direct that mandatory
2 transfer does not apply
3 (1) The chief executive officer may, in writing, direct that
4 a transfer under section 178A(2) does not apply in
5 relation to a particular offender.
6 (2) In giving a direction under subsection (1), the chief
7 executive officer --
8 (a) must have regard to --
9 (i) the interests of the offender; and
10 (ii) the interests of other persons detained in
11 the detention centre;
12 and
13 (b) may have regard to any other matter the chief
14 executive officer considers appropriate.
15 (3) The chief executive officer may, in writing, revoke a
16 direction given under subsection (1).
17 (4) The rules known as the rules of natural justice
18 (including any duty of procedural fairness) do not
19 apply to or in relation to the doing or omission of any
20 act, matter or thing under this section by the chief
21 executive officer.
22 (5) The offender cannot apply for a review of, or an appeal
23 against, a decision under this section.
24 (6) Subsection (5) does not limit judicial review for
25 jurisdictional error.
26
page 10
Young Offenders Amendment Bill 2023
s. 13
1 13. Part 11 Division 3 heading replaced
2 Delete the heading to Part 11 Division 3 and insert:
3
4 Division 3 -- Transitional provisions
5 Subdivision 1 -- General
6
7 14. Part 11 Division 3 Subdivision 2 inserted
8 After section 235 insert:
9
10 Subdivision 2 -- Transitional provisions for Young
11 Offenders Amendment Act 2023
12 235A. Term used: commencement day
13 In this Division --
14 commencement day means the day on which the
15 Young Offenders Amendment Act 2023 section 4 comes
16 into operation.
17 235B. Young persons in detention on commencement day
18 who have reached age of 18 years
19 (1) This section applies to a young person who --
20 (a) has reached the age of 18 years before
21 commencement day; and
22 (b) is, on commencement day, detained in a
23 detention centre under section 21(1) as in force
24 immediately before commencement day.
25 (2) Section 21 applies to the young person as if they
26 reached the age of 18 years on commencement day.
page 11
Young Offenders Amendment Bill 2023
s. 14
1 235C. Offenders in detention on commencement day who
2 have reached age of 18 years
3 (1) This section applies to an offender who --
4 (a) has reached the age of 18 years before
5 commencement day; and
6 (b) is, on commencement day, in a detention centre
7 serving a sentence of detention or a sentence of
8 imprisonment.
9 (2) Section 178A applies to the offender as if they reached
10 the age of 18 years on commencement day.
11 235D. Applications not yet determined taken to be
12 withdrawn
13 (1) An application under section 21(2) as in force
14 immediately before commencement day that is made
15 but not determined before commencement day is, on
16 and from commencement day, taken to be withdrawn.
17 (2) An application under section 178(1) as in force
18 immediately before commencement day in relation to
19 an offender who has reached the age of 18 years that is
20 made but not determined before commencement day is,
21 on and from commencement day, taken to be
22 withdrawn.
23
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