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Queensland
Youth Justice and Other
Legislation Amendment Bill
2014
Queensland
Youth Justice and Other Legislation
Amendment Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Youth Justice Act 1992
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 13 (Police officer's power of arrest preserved in
particular general circumstances) . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new pt 5, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 1 Bail generally
5 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2 Offence committed while on bail
59A Finding of guilt while on bail . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 62 (Childrens Court judge) . . . . . . . . . . . . . . . . 7
7 Amendment of s 74 (Chief executive's right of audience generally) 7
8 Amendment of s 148 (Evidence of childhood finding of guilt not
admissible against adult) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 150 (Sentencing principles). . . . . . . . . . . . . . . . 8
10 Amendment of s 194D (Graffiti removal service to be performed
within limited period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 198 (Community service to be performed within
limited period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Omission of s 208 (Detention must be only appropriate sentence) 9
13 Amendment of s 234 (Court may allow publication of identifying
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Amendment of s 237 (Chief executive must warn child about
contravention). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Amendment of s 238 (Chief executive's application on contravention) 10
Youth Justice and Other Legislation Amendment Bill 2014
Contents
16 Amendment of s 245 (Court's power on breach of a community
based order other than a conditional release order or boot camp
order) .......................................... 11
17 Amendment of s 246 (Court's power on breach of conditional
release order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Amendment of s 246A (Court's power on breach of boot camp
order) .......................................... 11
19 Amendment of s 263 (Management of detention centres) . . . . . . 11
20 Replacement of pt 8, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2A Period of detention to be served as period of
imprisonment
276A Definitions for div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 12
276B Application of div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 12
276C Chief executive must make prison transfer direction . 13
276D Application of Corrective Services Act 2006 . . . . . . . 14
276E Application of Judicial Review Act 1991 . . . . . . . . . . . 14
21 Insertion of new s 299A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
299A Prohibition of publication of identifying information
about a child who is not a first-time offender . . . . . . . 15
22 Replacement of s 301 (Prohibition of publication of identifying
information about a child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
301 Prohibition of publication of identifying information
about a first-time offender. . . . . . . . . . . . . . . . . . . . . . 17
23 Amendment of s 303 (Chief executive must collect and keep
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Insertion of new pt 11, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 11 Transitional provisions for Youth Justice and
Other Legislation Amendment Act 2014
358 Definitions for div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . 18
359 Evidence of childhood finding of guilt . . . . . . . . . . . . . 19
360 Detention orders and sentencing principles . . . . . . . . 19
361 Publication of identifying information . . . . . . . . . . . . . 19
362 Court's power on particular proceedings . . . . . . . . . . 19
363 Application of amendments about transfer direction
for a child who will turn 17 years . . . . . . . . . . . . . . . . 19
364 Application of amendments about transfer direction
for a person who is 17 years . . . . . . . . . . . . . . . . . . . 20
365 Applications not granted before commencement . . . . 21
366 Orders made before commencement. . . . . . . . . . . . . 21
25 Amendment of sch 1 (Charter of youth justice principles) . . . . . . 21
Page 2
Youth Justice and Other Legislation Amendment Bill 2014
Contents
26 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 3 Amendment of Childrens Court Act 1992
27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Insertion of new pt 4, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 1 Constitution and sitting times
30 Omission of s 20 (Who may be present at a proceeding) . . . . . . 24
31 Insertion of new pt 4, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 Closed and open proceedings
21A Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
21B Who may be present at non-youth justice matters or
particular youth justice matters. . . . . . . . . . . . . . . . . . 25
21C Who may be present at other youth justice matters . . 26
21D Application for closed proceedings. . . . . . . . . . . . . . . 28
21E Exclusion of public in particular youth justice matters 28
32 Insertion of new pt 7, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 4 Transitional provision for Youth Justice and
Other Legislation Amendment Act 2014
37 Application of provision about open and closed
proceedings ........................... 30
Part 4 Amendment of Penalties and Sentences Act 1992
33 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
34 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 31
35 Amendment of s 172D (Court not to have regard to possible order
under Dangerous Prisoners (Sexual Offenders) Act 2003) . . . . . 34
36 Amendment of s 195B (Access to court files by representative of
community justice group in offender's community) . . . . . . . . . . . 34
37 Amendment of s 195C (Confidentiality) . . . . . . . . . . . . . . . . . . . . 34
38 Amendment of s 195D (Protection from liability) . . . . . . . . . . . . . 34
39 Insertion of new pt 14, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 9 Transitional provision for Youth Justice and
Other Legislation Amendment Act 2014
234 Sentencing guidelines . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 5 Minor and consequential amendments
40 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 36
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 36
Victims of Crime Assistance Act 2009 . . . . . . . . . . . . . . . . . . . . . 36
Page 3
2014
A Bill
for
An Act to amend the Childrens Court Act 1992, the Penalties
and Sentences Act 1992 and the Youth Justice Act 1992 for
particular purposes, and to make minor or consequential
amendments of other legislation as stated in schedule 1 for
purposes related to those purposes
Youth Justice and Other Legislation Amendment Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Youth Justice and Other 4
Legislation Amendment Act 2014. 5
Part 2 Amendment of Youth Justice 6
Act 1992 7
Clause 2 Act amended 8
This part amends the Youth Justice Act 1992. 9
Clause 3 Amendment of s 13 (Police officer's power of arrest 10
preserved in particular general circumstances) 11
Section 13(1)(a)(iv), note-- 12
omit. 13
Clause 4 Insertion of new pt 5, div 1, hdg 14
Part 5, before section 47-- 15
insert-- 16
Division 1 Bail generally 17
Clause 5 Insertion of new pt 5, div 2 18
Part 5, after section 59-- 19
Page 6
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 6]
insert-- 1
Division 2 Offence committed while 2
on bail 3
59A Finding of guilt while on bail 4
(1) This section applies to a child if-- 5
(a) the child is granted bail after being charged 6
with an offence (the original offence); and 7
(b) a finding of guilt is later made against the 8
child for an offence (the subsequent 9
offence) committed while on bail for the 10
original offence. 11
(2) The finding of guilt made against the child for the 12
subsequent offence is taken to be an offence 13
against this Act. 14
Maximum penalty (subject to part 7)--20 penalty 15
units or 1 year's imprisonment. 16
(3) For this section, if a finding of guilt is made 17
against the child for more than 1 subsequent 18
offence arising out of the same, or the same set 19
of, circumstances, subsection (2) applies to only 20
1 of the subsequent offences. 21
Clause 6 Amendment of s 62 (Childrens Court judge) 22
(1) Section 62(e)-- 23
omit. 24
(2) Section 62(f)-- 25
renumber as section 62(e). 26
Clause 7 Amendment of s 74 (Chief executive's right of audience 27
generally) 28
Section 74(3)(d)-- 29
Page 7
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 8]
omit, insert-- 1
(d) the making of a order under section 2
299A(2); and 3
(e) the making of an order under the Childrens 4
Court Act 1992, section 21C; and 5
(f) without limiting paragraphs (a) to (e), 6
matters on which the court considers the 7
chief executive should be heard. 8
Clause 8 Amendment of s 148 (Evidence of childhood finding of 9
guilt not admissible against adult) 10
(1) Section 148(1), `In a proceeding'-- 11
omit, insert-- 12
Subject to subsection (3), in a proceeding 13
(2) Section 148(3)-- 14
omit, insert-- 15
(3) This section does not prevent a court that is 16
sentencing an adult from-- 17
(a) admitting evidence that the adult was found 18
guilty as a child of an offence even if a 19
conviction was not recorded; or 20
(b) receiving information about any other 21
sentence to which the adult is subject if that 22
is necessary to mitigate the effect of the 23
court's sentence. 24
Clause 9 Amendment of s 150 (Sentencing principles) 25
(1) Section 150(2)(e)-- 26
omit. 27
(2) Section 150-- 28
insert-- 29
Page 8
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 10]
(5) This section overrides any other Act or law to the 1
extent that, in sentencing a child for an offence, 2
the court must not have regard to any principle 3
that a detention order should be imposed only as 4
a last resort. 5
Clause 10 Amendment of s 194D (Graffiti removal service to be 6
performed within limited period) 7
Section 194D(b), `245'-- 8
omit, insert-- 9
245(1)(aa)(ii) 10
Clause 11 Amendment of s 198 (Community service to be 11
performed within limited period) 12
Section 198(b), `245'-- 13
omit, insert-- 14
245(1)(b)(ii) 15
Clause 12 Omission of s 208 (Detention must be only appropriate 16
sentence) 17
Section 208-- 18
omit. 19
Clause 13 Amendment of s 234 (Court may allow publication of 20
identifying information) 21
(1) Section 234, heading, after `information'-- 22
insert-- 23
of first-time offender 24
(2) Section 234, `child'-- 25
omit, insert-- 26
first-time offender 27
Page 9
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 14]
(3) Section 234(2)(c), `child's'-- 1
omit, insert-- 2
first-time offender's 3
Clause 14 Amendment of s 237 (Chief executive must warn child 4
about contravention) 5
Section 237(3)-- 6
omit, insert-- 7
(3) However, subsection (2) does not apply if the 8
chief executive-- 9
(a) for a community based order that is a boot 10
camp order--reasonably believes the child 11
has contravened the order by leaving the 12
boot camp centre stated in the order without 13
the chief executive's written consent; or 14
(b) otherwise--does not know the child's 15
whereabouts and can not reasonably find 16
out. 17
Clause 15 Amendment of s 238 (Chief executive's application on 18
contravention) 19
Section 238(6)(b)(ii)-- 20
omit, insert-- 21
(ii) that the chief executive-- 22
(A) does not know the child's 23
whereabouts and can not 24
reasonably find out; or 25
(B) reasonably believes the child 26
would not comply with a 27
summons; or 28
(C) reasonably believes the child has 29
contravened the order by leaving 30
the boot camp centre stated in the 31
Page 10
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 16]
order without the chief executive's 1
written consent. 2
Clause 16 Amendment of s 245 (Court's power on breach of a 3
community based order other than a conditional release 4
order or boot camp order) 5
(1) Section 245(6)-- 6
omit. 7
(2) Section 245(7)-- 8
renumber as section 245(6). 9
Clause 17 Amendment of s 246 (Court's power on breach of 10
conditional release order) 11
Section 246(6)-- 12
omit. 13
Clause 18 Amendment of s 246A (Court's power on breach of boot 14
camp order) 15
Section 246A(8)-- 16
omit. 17
Clause 19 Amendment of s 263 (Management of detention centres) 18
Section 263(5), `19 and 20'-- 19
omit, insert-- 20
18 and 19 21
Clause 20 Replacement of pt 8, div 2A 22
Part 8, division 2A-- 23
omit, insert-- 24
Page 11
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 20]
Division 2A Period of detention to be 1
served as period of 2
imprisonment 3
276A Definitions for div 2A 4
In this division-- 5
period of detention, for a person who is liable to 6
serve a further period of detention cumulatively 7
with a period of detention being served, includes 8
the further period of detention. 9
period of imprisonment see the Penalties and 10
Sentences Act 1992, section 4. 11
prison transfer direction see section 276C(1). 12
relevant individual see section 276B. 13
transfer day see section 276B(a)(iii). 14
transferred detention order see section 15
276B(b)(iii). 16
unserved period of detention see section 17
276B(a)(iii). 18
276B Application of div 2A 19
This division applies to the following (each a relevant 20
individual)-- 21
(a) a child who-- 22
(i) has been ordered to serve a period of 23
detention under a detention order; and 24
(ii) will, during the period of detention, 25
turn 17 years; and 26
(iii) from the day the child turns 17 years 27
(the transfer day), has to serve part of 28
the period of detention for a period (the 29
unserved period of detention) that is 6 30
months or more; and 31
Page 12
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 20]
(iv) will not, within 6 months after the 1
transfer day, be required to be released 2
under section 227; 3
(b) an adult who-- 4
(i) is 17 years; and 5
(ii) is sentenced for an offence committed 6
by the adult as a child; and 7
(iii) is ordered to serve a period of detention 8
under a detention order (the 9
transferred detention order) that is 6 10
months or more; and 11
(iv) will not, within 6 months after being 12
sentenced, be required to be released 13
under section 227. 14
276C Chief executive must make prison transfer 15
direction 16
(1) Within 28 days after the child is sentenced to 17
serve a period of detention, the chief executive 18
must give a written direction (a prison transfer 19
direction) to-- 20
(a) the child; and 21
(b) the chief executive (corrective services). 22
(2) The prison transfer direction must state-- 23
(a) the transfer day; and 24
(b that the child is to be transferred to a 25
corrective services facility on the transfer 26
day; and 27
(c) that the unserved period of detention must 28
be served as a period of imprisonment. 29
(3) If the child can not be transferred on the transfer 30
day, the child must be transferred as soon as 31
practicable after that day. 32
Page 13
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 20]
276D Application of Corrective Services Act 2006 1
(1) The Corrective Services Act 2006 applies to the 2
relevant individual. 3
(2) A prison transfer direction or a transferred 4
detention order is taken for all purposes to be a 5
sentence to a period of imprisonment equal to the 6
unserved period of detention or the period of 7
detention. 8
(3) Subject to subsection (4), the relevant individual 9
must be released on parole on the day the relevant 10
individual would have been released under a 11
supervised release order as if the prison transfer 12
direction had not been given or transferred 13
detention order had not been made. 14
(4) Subsection (3) does not prevent-- 15
(a) the earlier release of the relevant individual 16
under an exceptional circumstances parole 17
order; or 18
(b) the continued custody of the relevant 19
individual for the unserved part of any other 20
sentence of imprisonment imposed against 21
the relevant individual. 22
276E Application of Judicial Review Act 1991 23
(1) The Judicial Review Act 1991, part 4 does not 24
apply to a decision of the chief executive to give a 25
prison transfer direction. 26
(2) Subject to subsection (3), unless the Supreme 27
Court decides that the decision is affected by 28
jurisdictional error, the decision-- 29
(a) is final and conclusive; and 30
(b) can not be challenged, appealed against, 31
reviewed, quashed, set aside or called in 32
question in any other way, under the Judicial 33
Page 14
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 21]
Review Act 1991 or otherwise (whether by 1
the Supreme Court, another court, a tribunal 2
or another entity); and 3
(c) is not subject to any declaratory, injunctive 4
or other order of the Supreme Court, another 5
court, a tribunal or another entity on any 6
ground. 7
(3) The Judicial Review Act 1991, part 5 applies to 8
the decision to the extent it is affected by 9
jurisdictional error. 10
Clause 21 Insertion of new s 299A 11
Part 9, division 3-- 12
insert-- 13
299A Prohibition of publication of identifying 14
information about a child who is not a 15
first-time offender 16
(1) This section applies in a proceeding before a 17
court for a child who-- 18
(a) has been charged with an offence; and 19
(b) is not a first-time offender. 20
(2) The court may, at any time during a proceeding, 21
make an order it considers is in the interests of 22
justice prohibiting the publication of identifying 23
information about the child (a publication 24
prohibition order). 25
(3) The court may make a publication prohibition 26
order-- 27
(a) on its own initiative; or 28
(b) on application by a relevant party. 29
(4) In considering whether it would be in the 30
interests of justice to make a publication 31
Page 15
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 21]
prohibition order, the court must have regard to 1
the following-- 2
(a) the number of the child's previous findings 3
of guilt; 4
(b) the seriousness of the offence; 5
(c) the period between the proceeding and any 6
previous offence committed by the child; 7
(d) the need to protect the community; 8
(e) the effect of publication on-- 9
(i) the safety of the child; or 10
(ii) the rehabilitation of the child; or 11
(iii) the safety or wellbeing of a person 12
other than the child; 13
(f) any other relevant matter. 14
(5) A person must not publish identifying 15
information about the child if the court has made 16
a publication prohibition order in relation to the 17
child. 18
Maximum penalty (subject to part 7)-- 19
(a) for an individual--100 penalty units or 2 20
years imprisonment; or 21
(b) for a corporation--1000 penalty units. 22
(6) In this section-- 23
relevant party means-- 24
(a) the child; or 25
(b) a parent or other member of the child's 26
family; or 27
(c) a party or person representing a party to the 28
proceeding, including, for example, a police 29
officer or another person in charge of a case 30
Page 16
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 22]
against the child in relation to the offence 1
the subject of the proceeding; or 2
(d) the chief executive; or 3
(e) the chief executive (child safety); or 4
(f) if the child is an Aboriginal or Torres Strait 5
Islander person-- 6
(i) a representative of an organisation 7
whose principal purpose is the 8
provision of welfare services to 9
Aboriginal and Torres Strait Islander 10
children and families; or 11
(ii) a representative of the community 12
justice group in the child's community 13
who is to make submissions that are 14
relevant to sentencing the child. 15
Clause 22 Replacement of s 301 (Prohibition of publication of 16
identifying information about a child) 17
Section 301-- 18
omit, insert-- 19
301 Prohibition of publication of identifying 20
information about a first-time offender 21
(1) A person must not publish identifying 22
information about a first-time offender. 23
Maximum penalty (subject to part 7)-- 24
(a) for an individual--100 penalty units or 2 25
years imprisonment; or 26
(b) for a corporation--1000 penalty units. 27
(2) Subsection (1) does not apply to-- 28
(a) publication in a way permitted by a court 29
order; or 30
Page 17
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 23]
(b) publication under written authority given 1
under subsection (3). 2
(3) The chief executive may give written authority to 3
a person to publish identifying information about 4
a first-time offender if the chief executive is 5
satisfied the publication is necessary to ensure a 6
person's safety. 7
Clause 23 Amendment of s 303 (Chief executive must collect and 8
keep information) 9
Section 303(3), `section 301'-- 10
omit, insert-- 11
sections 299A and 301 12
Clause 24 Insertion of new pt 11, div 11 13
Part 11-- 14
insert-- 15
Division 11 Transitional provisions for 16
Youth Justice and Other 17
Legislation Amendment 18
Act 2014 19
358 Definitions for div 11 20
In this division-- 21
amending Act means the Youth Justice and Other 22
Legislation Amendment Act 2014. 23
commencement means the commencement of 24
this section. 25
pre-amended Act means the Youth Justice Act 26
1992 as in force immediately before the 27
commencement. 28
Page 18
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 24]
359 Evidence of childhood finding of guilt 1
(1) This section applies to a proceeding against an 2
adult for an offence. 3
(2) This Act, as amended by the amending Act, 4
applies even if 1 or both of the following 5
happened before the commencement-- 6
(a) the commission of the offence; 7
(b) the start of the proceeding for the offence. 8
360 Detention orders and sentencing principles 9
(1) This section applies to a child who is found guilty 10
of an offence after the commencement. 11
(2) This Act, as amended by the amending Act, 12
applies even if 1 or both of the following 13
happened before the commencement-- 14
(a) the commission of the offence; 15
(b) the start of the proceeding for the offence. 16
361 Publication of identifying information 17
This Act, as amended by the amending Act, applies to 18
a proceeding against a child or first-time offender for 19
an offence started before the commencement. 20
362 Court's power on particular proceedings 21
This Act, as amended by the amending Act, applies to 22
a proceeding against a child under the pre-amended 23
Act, section 245, 246 or 246A that is started before the 24
commencement. 25
26
363 Application of amendments about transfer 27
direction for a child who will turn 17 years 28
(1) This section applies to a child who-- 29
Page 19
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 24]
(a) is subject to a detention order made after the 1
commencement; or 2
(b) at the commencement-- 3
(i) is serving a period of detention; and 4
(ii) during the period of detention, will turn 5
17 years; and 6
(iii) on the transfer day, will have 6 months 7
or more to be served in detention. 8
(2) This Act applies to the child even if 1 or both of 9
the following happened before the 10
commencement-- 11
(a) the commission of the offence for which the 12
child is subject to a detention order or is 13
serving a period of detention; 14
(b) the start of the proceeding for the offence. 15
(3) In this section-- 16
transfer day see section 276B. 17
364 Application of amendments about transfer 18
direction for a person who is 17 years 19
(1) This section applies to a person who, at the 20
commencement-- 21
(a) is 17 years or more and is serving a period 22
of detention; and 23
(b) is not subject to an order made under the 24
pre-amended Act, section 276B or 276C; 25
and 26
(c) will have 6 months or more to be served in 27
detention. 28
(2) The chief executive must, as soon as practicable 29
after the commencement, comply with section 30
276C. 31
Page 20
Youth Justice and Other Legislation Amendment Bill 2014
Part 2 Amendment of Youth Justice Act 1992
[s 25]
365 Applications not granted before 1
commencement 2
(1) This section applies to an application made under 3
the pre-amended Act, section 276C or 276E but 4
not granted before the commencement. 5
(2) The application is taken to have never been made. 6
366 Orders made before commencement 7
A transfer order made under the pre-amended Act, 8
section 276B or 276C in relation to a person, and in 9
force immediately before the commencement, 10
continues to apply to the person. 11
Clause 25 Amendment of sch 1 (Charter of youth justice principles) 12
(1) Schedule 1, item 17-- 13
omit. 14
(2) Schedule 1, items 18 to 20-- 15
renumber as items 17 to 19. 16
Clause 26 Amendment of sch 4 (Dictionary) 17
(1) Schedule 4-- 18
insert-- 19
first-time offender means a child who at any time 20
during a proceeding has not been found guilty of 21
an offence. 22
period of detention, for part 8, division 2A, see 23
section 276A. 24
period of imprisonment, for part 8, division 2A, 25
see section 276A. 26
prison transfer direction, for part 8, division 2A, 27
see section 276C(1). 28
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Youth Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 27]
relevant individual, for part 8, division 2A, see 1
section 276B. 2
transfer day, for part 8, division 2A, see section 3
276B(a)(iii). 4
transferred detention order, for part 8, division 5
2A, see section 276B(b)(iii). 6
unserved period of detention, for part 8, division 7
2A, see section 276B(a)(iii). 8
(2) Schedule 4, definition publish, after `radio,'-- 9
insert-- 10
internet, 11
Part 3 Amendment of Childrens Court 12
Act 1992 13
Clause 27 Act amended 14
This part amends the Childrens Court Act 1992. 15
Clause 28 Amendment of s 3 (Definitions) 16
Section 3-- 17
insert-- 18
child's community means the child's Aboriginal 19
or Torres Strait Islander community, whether it 20
is-- 21
(a) an urban community; or 22
(b) a rural community; or 23
(c) a community on DOGIT land under the 24
Aboriginal Land Act 1991 or the Torres 25
Strait Islander Land Act 1991. 26
Page 22
Youth Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 29]
community justice group, for a child, means a 1
group of persons made up of any of the 2
following-- 3
(a) an entity within the child's community, 4
other than a department of government, that 5
is involved in the provision of any of the 6
following-- 7
(i) information to a court about Aboriginal 8
or Torres Strait Islander offenders; 9
(ii) diversionary, interventionist or 10
rehabilitation activities relating to 11
Aboriginal or Torres Strait Islander 12
offenders; 13
(iii) other activities relating to local justice 14
issues; 15
(b) elders or other respected persons of the 16
child's community. 17
first-time offender, for part 4, division 2, see 18
section 21A. 19
interested person, for part 4, division 2, see 20
section 21A. 21
non-youth justice matter, for part 4, division 2, 22
see section 21A. 23
relevant person, for part 4, division 2, see section 24
21A. 25
youth justice matter, for part 4, division 2, see 26
section 21A. 27
Clause 29 Insertion of new pt 4, div 1, hdg 28
Part 4, before section 18-- 29
insert-- 30
Page 23
Youth Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 30]
Division 1 Constitution and sitting 1
times 2
Clause 30 Omission of s 20 (Who may be present at a proceeding) 3
Section 20-- 4
omit. 5
Clause 31 Insertion of new pt 4, div 2 6
After section 21-- 7
insert-- 8
Division 2 Closed and open 9
proceedings 10
21A Definitions for div 4 11
In this division-- 12
first-time offender means a child who, at any 13
time during a proceeding for a youth justice 14
matter, has not been found guilty of an offence. 15
interested person means-- 16
(a) a person who is engaged in-- 17
(i) a course of professional study relevant 18
to the operation of the court; or 19
(ii) research approved by the chief 20
executive; or 21
(b) a person who, in the court's opinion, will 22
assist the court. 23
non-youth justice matter means a proceeding 24
under the Adoption Act 2009 or the Child 25
Protection Act 1999. 26
relevant person, for a proceeding in relation to a 27
child, means-- 28
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Youth Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 31]
(a) the child; or 1
(b) for a non-youth justice matter--a parent or 2
other adult member of the child's family; or 3
(c) for a youth justice matter--a parent or other 4
member of the child's family; or 5
(d) a witness giving evidence in the proceeding; 6
or 7
(e) a party or person representing a party to the 8
proceeding, including, for example, a police 9
officer or another person in charge of a case 10
against the child in relation to the offence 11
that is the subject of the proceeding; or 12
(f) the chief executive; or 13
(g) if the child is an Aboriginal or Torres Strait 14
Islander person-- 15
(i) a representative of an organisation 16
whose principal purpose is the 17
provision of welfare services to 18
Aboriginal and Torres Strait Islander 19
children and families; or 20
(ii) a representative of the community 21
justice group in the child's community 22
who is to make submissions that are 23
relevant to sentencing the child. 24
youth justice matter means a proceeding under 25
the Youth Justice Act 1992. 26
21B Who may be present at non-youth justice 27
matters or particular youth justice matters 28
(1) In a proceeding before the court for a non-youth 29
justice matter in relation to a child or for a youth 30
justice matter in relation to a child who is a 31
first-time offender, the court must exclude from 32
Page 25
Youth Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 31]
the room in which the court is sitting a person 1
who is not-- 2
(a) a relevant person for the proceeding; or 3
(b) an interested person whom the court permits 4
to be present under subsection (2). 5
(2) The court may permit an interested person to be 6
present. 7
(3) Subsection (1) applies subject to any order made 8
by the court under the Evidence Act 1977, section 9
21A-- 10
(a) excluding any person (including a 11
defendant) from the place in which the court 12
is sitting; or 13
(b) permitting any person to be present while a 14
special witness within the meaning of that 15
section is giving evidence. 16
(4) Also, subsection (1) applies even though the 17
court's jurisdiction is being exercised conjointly 18
with another jurisdiction. 19
(5) However, subsection (1) does not prevent an 20
infant or young child in the care of an adult being 21
present in court with the adult. 22
21C Who may be present at other youth justice 23
matters 24
(1) A proceeding before the court for a youth justice 25
matter in relation to a child who is not a first-time 26
offender must be held in open court, other than if 27
the court-- 28
(a) orders the court be closed; or 29
(b) excludes a person under section 21E. 30
(2) The court may close the court to the public or 31
particular persons if it considers it is necessary 32
and desirable in the interests of justice. 33
Page 26
Youth Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 31]
(3) The court may order the court to be closed for all 1
or part of the proceedings-- 2
(a) on its own initiative; or 3
(b) on application under section 21D. 4
(4) However, an order under subsection (3) must not 5
exclude from the room in which the court is 6
sitting-- 7
(a) a relevant person; or 8
(b) if a witness is a complainant within the 9
meaning of the Criminal Law (Sexual 10
Offences) Act 1978--a person whose 11
presence will provide emotional support to 12
the witness. 13
(5) Subsection (4) applies subject to any order made 14
by the court under the Evidence Act 1977, section 15
21A-- 16
(a) excluding any person (including a 17
defendant) from the place in which the court 18
is sitting; or 19
(b) permitting any person to be present while a 20
special witness within the meaning of that 21
section is giving evidence. 22
(6) Also, despite an order under subsection (3), the 23
court may permit to be present-- 24
(a) an interested person; or 25
(b) a representative of the media; or 26
(c) a person, in the court's opinion-- 27
(i) who has a proper interest in the 28
proceeding; and 29
(ii) whose presence would not be 30
prejudicial to the interests of the child. 31
Page 27
Youth Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 31]
(7) Subsection (2) does not apply to the court when 1
constituted by a judge exercising jurisdiction to 2
hear and determine a charge on indictment. 3
21D Application for closed proceedings 4
(1) An application to the court to close the court for 5
all or a part of the proceeding may be made by-- 6
(a) a relevant person for the proceeding; or 7
(b) the chief executive (child protection); or 8
(c) the child guardian. 9
(2) An application under subsection (1) may be made 10
at any time during the proceeding. 11
(3) In this section-- 12
chief executive (child protection) means the 13
chief executive of the department in which the 14
Child Protection Act 1999 is administered. 15
child guardian means the commissioner under 16
the Commission for Children and Young People 17
and Child Guardian Act 2000. 18
21E Exclusion of public in particular youth justice 19
matters 20
(1) This section applies to a proceeding in relation to 21
a child who is charged with a sexual offence. 22
(2) When a complainant is giving evidence in any 23
examination of a witness or trial, the court must 24
exclude from the room in which it is sitting all 25
persons other than-- 26
(a) a person representing the complainant; or 27
(b) the defendant and any person representing 28
the defendant; or 29
Page 28
Youth Justice and Other Legislation Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 31]
(c) a Crown law officer or a person authorised 1
by a Crown law officer; or 2
(d) the prosecutor; or 3
(e) any person whose presence is, in the court's 4
opinion, necessary or desirable for the 5
proper conduct of the examination or trial; 6
or 7
(f) any person whose presence will provide 8
emotional support to the complainant; or 9
(g) if the complainant is under or apparently 10
under 17 years--the parent or guardian of 11
the child unless, in the court's opinion, the 12
presence of that person would not be in the 13
child's interests; or 14
(h) any person who makes application to the 15
court to be present and whose presence, in 16
the court's opinion-- 17
(i) would serve a proper interest of the 18
applicant; and 19
(ii) would not be prejudicial to the interests 20
of the complainant; or 21
(i) the chief executive. 22
(3) Subsection (2) does not limit the power of the 23
court under any other provision or rule of law to 24
exclude from the room in which it is sitting any 25
person, including the defendant. 26
(4) In this section-- 27
complainant means a person in respect of whom 28
a sexual offence is alleged to have been 29
committed. 30
defendant means a person charged with having 31
committed a sexual offence. 32
prescribed sexual offence means any of the 33
following offences-- 34
Page 29
Youth Justice and Other Legislation Amendment Bill 2014
Part 4 Amendment of Penalties and Sentences Act 1992
[s 32]
(a) rape; 1
(b) attempt to commit rape; 2
(c) assault with intent to commit rape; 3
(d) an offence defined in the Criminal Code, 4
section 352. 5
sexual offence means any offence of a sexual 6
nature, and includes a prescribed sexual offence. 7
Clause 32 Insertion of new pt 7, div 4 8
Part 7-- 9
insert-- 10
Division 4 Transitional provision for 11
Youth Justice and Other 12
Legislation Amendment 13
Act 2014 14
37 Application of provision about open and 15
closed proceedings 16
Part 4, division 2 applies to a proceeding for an 17
offence even if 1 or both of the following happened 18
before the commencement of this section-- 19
(a) the commission of the offence; 20
(b) the start of the proceeding for the offence. 21
Part 4 Amendment of Penalties and 22
Sentences Act 1992 23
Clause 33 Act amended 24
This part amends the Penalties and Sentences Act 1992. 25
Page 30
Youth Justice and Other Legislation Amendment Bill 2014
Part 4 Amendment of Penalties and Sentences Act 1992
[s 34]
Clause 34 Amendment of s 9 (Sentencing guidelines) 1
(1) Section 9(2)(a)-- 2
omit. 3
(2) Section 9(2)(b) to (r)-- 4
renumber as section 9(2)(a) to (q). 5
(3) Section 9(3)-- 6
omit. 7
(4) Section 9(4), `an offender to whom subsection (3) applies'-- 8
omit, insert-- 9
a violent offender 10
(5) Section 9(5)-- 11
omit, insert-- 12
(5) In sentencing an offender for any offence of a 13
sexual nature committed in relation to a child 14
under 16 years, the offender must serve an actual 15
term of imprisonment, unless there are 16
exceptional circumstances. 17
(6) Section 9(5A), `(5)(b)'-- 18
omit, insert-- 19
(4) 20
(7) Section 9(6), `(5)'-- 21
omit, insert-- 22
(4) 23
(8) Section 9(6A)-- 24
omit. 25
(9) Section 9(6B), `an offender to whom subsection (6A) 26
applies'-- 27
omit, insert-- 28
a child-images offender 29
Page 31
Youth Justice and Other Legislation Amendment Bill 2014
Part 4 Amendment of Penalties and Sentences Act 1992
[s 34]
(10) Section 9(7), `(2)(p)'-- 1
omit, insert-- 2
(2)(o) 3
(11) Section (9)(7A) and (7B)-- 4
omit, insert-- 5
(7A) In sentencing an offender, a court must not have 6
regard to the following-- 7
(a) the offender levy imposed under section 8
179C; 9
(b) whether or not the offender-- 10
(i) may become, or is, the subject of a 11
dangerous prisoners application; or 12
(ii) may become subject to an order 13
because of a dangerous prisoners 14
application. 15
(12) Section 9(9), `(8)'-- 16
omit, insert-- 17
(10) 18
(13) Section 9-- 19
insert-- 20
(9A) This section overrides any other Act or law to the 21
extent that, in sentencing an offender for any 22
offence, the court must not have regard to any 23
principle that a sentence of imprisonment should 24
be imposed only as a last resort. 25
(14) Section 9(10)-- 26
insert-- 27
child-images offender means an offender being 28
sentenced for any of the following offences-- 29
(a) an offence against the Classification of 30
Computer Games and Images Act 1995, 31
Page 32
Youth Justice and Other Legislation Amendment Bill 2014
Part 4 Amendment of Penalties and Sentences Act 1992
[s 34]
section 28, if the objectionable computer 1
game is a child abuse computer game under 2
the Act; 3
(b) an offence against any of the following 4
provisions of the Classification of Films Act 5
1991-- 6
(i) section 41(3) or 42(3) or (4); 7
(ii) section 43, if the offence involves a 8
child abuse film under the Act; 9
(c) an offence against any of the following 10
provisions of the Classification of 11
Publications Act 1991-- 12
(i) section 14; 13
(ii) section 12, 13, 15, 16 or 17, if the 14
offence involves a child abuse 15
publication or child abuse photograph 16
under the Act; 17
(d) an offence against the Criminal Code, 18
section 228A, 228B, 228C or 228D. 19
violent offender means an offender being 20
sentenced for any offence-- 21
(a) that involved the use of, or counselling or 22
procuring the use of, or attempting or 23
conspiring to use, violence against another 24
person; or 25
(b) that resulted in physical harm to another 26
person. 27
(15) Section 9(4) to (10)-- 28
renumber as section 9(3) to (13). 29
Page 33
Youth Justice and Other Legislation Amendment Bill 2014
Part 4 Amendment of Penalties and Sentences Act 1992
[s 35]
Clause 35 Amendment of s 172D (Court not to have regard to 1
possible order under Dangerous Prisoners (Sexual 2
Offenders) Act 2003) 3
Section 172D, note, `9(7B)'-- 4
omit, insert-- 5
9(9)(b) 6
Clause 36 Amendment of s 195B (Access to court files by 7
representative of community justice group in offender's 8
community) 9
Section 195B(2), `9(2)(o)'-- 10
omit, insert-- 11
9(2)(n) 12
Clause 37 Amendment of s 195C (Confidentiality) 13
Section 195C(2)(a)(i), `9(2)(o)'-- 14
omit, insert-- 15
9(2)(n) 16
Clause 38 Amendment of s 195D (Protection from liability) 17
Section 195D(1)(b), `9(2)(o)'-- 18
omit, insert-- 19
9(2)(n) 20
Clause 39 Insertion of new pt 14, div 9 21
Part 14-- 22
insert-- 23
Page 34
Youth Justice and Other Legislation Amendment Bill 2014
Part 5 Minor and consequential amendments
[s 40]
Division 9 Transitional provision for 1
Youth Justice and Other 2
Legislation Amendment 3
Act 2014 4
234 Sentencing guidelines 5
This Act applies to the sentencing of an offender 6
convicted after the commencement of this section 7
even if 1 or both of the following happened before the 8
commencement-- 9
(a) the commission of the offence the subject of 10
the conviction; 11
(b) the start of the proceeding for the offence. 12
Part 5 Minor and consequential 13
amendments 14
Clause 40 Acts amended in sch 1 15
Schedule 1 amends the Acts mentioned in it. 16
Page 35
Youth Justice and Other Legislation Amendment Bill 2014
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 40 3
Police Powers and Responsibilities Act 2000 4
1 Section 365(3), editor's note -- 5
omit. 6
Victims of Crime Assistance Act 2009 7
1 Section 15(3), note, paragraph (a), `section 9(2)(c)(i)'-- 8
omit insert-- 9
section (9)(2)(b)(i) 10
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 36
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