Children (Detention Centres) Act 1987 Children (Detention Centres) Amendment (Day Leave and Overnight Leave) Regulation 1996 (1996-254) [GG No 77 of 28.6.1996] (NSW)
1996 No 254
New South Wales
Children (Detention Centres) Amendment (Day Leave and Overnight Leave) Regulation 1996
under the
Children (Detention Centres) Act 1987
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Children (Detention Centres) Act 1987.
RONALD DYER, M.L.C.,
Minister for Community Services
Explanatory note
The object of this Regulation is to enable a detainee’s entitlement to day leave and overnight leave to be calculated on the basis that consecutive detention periods are to be considered as if they were a single detention period. The current provisions of the Children (Detention Centres) Regulation 1995 prevent a detainee who is subject to consecutive detention periods from being granted leave until his or her final detention period has begun to run and the fixed portion of that detention period has elapsed. This Regulation is made under the Children (Detention Centres) Act 1987, including section 45 (the general regulation making power).
Published in Gazette No 77 of 28 June 1996, page 3293 Page 1
1996 No 254
| Clause 1 | Children (Detention Centres) Amendment (Day Leave and overnight Leave) Regulation 1996 |
Children (Detention Centres) Amendment (Day
Leave and Overnight Leave) Regulation 1996
1 Name of Regulation
This Regulation is the Children (Detention Centres) Amendment
(Day Leave and Overnight Leave) Regulation 1996.
2 Commencement
This Regulation commences on 1 July 1996.
3 Amendment of Children (Detention Centres) Regulation 1995
The Children (Detention Centres) Regulation 1995 is amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
1996 No 254
Children (Detention Centres) Amendment (Day Leave and Overnight Leave) Regulation 1996
Amendment of Children (Detention Centres) Regulation 1995 Schedule 1 Schedule 1 Amendment of Children (Detention
Centres) Regulation 1995
(Clause 3)
[1] Clause 32 Definitions
Insert after the definition of day leave:
fixed term has the same meaning as it has in the
Sentencing Act 1989.
minimum term has the same meaning as it has in the
Sentencing Act 1989.
serious indictable offence has the same meaning as it
has in the Children (Criminal Proceedings) Act 1987.
[2] Clause 34 Day leave
Omit the clause. Insert instead:
34 Day leave
(l ) Day leave must not be granted to a person subject to control unless the prescribed portion of each detention period being served by the person has expired. (2) Subject to subclause (3):
(a) if 2 or more detention periods are ordered to be served consecutively, the prescribed portions of each of those periods are also taken to run consecutively, so that: (i) the first portion begins on the date on which the first detention period begins, and
(ii) each of the subsequent portions begins on the date immediately following the date on which the preceding portion ends, and
(b)
if 2 or more detention periods are ordered to be served concurrently, the prescribed portions of each of those periods are also taken to run concurrently.
1996 No 254
Children (Detention Centres) Amendment (Day Leave and Overnight Leave) Regulation 1996
| Schedule 1 | Amendment of Children (Detention Centres) Regulation 1995 |
(3) However, if 2 or more detention orders are imposed in different proceedings, the prescribed portion of a detention period arising from a detention order imposed in the second or subsequent proceedings is not taken to have begun before the date on which that order is imposed. (4) In this clause: prescribed portion of a detention period means:
(a) one half of the fixed term or minimum term of the detention period, for a serious indictable offence committed by a classified person, and (b) one third of the fixed term or minimum term of the detention period, for any other indictable offence committed by a classified person, and (c) one quarter of the fixed term or minimum term of the detention period: (i) for any other offence committed by a classified person, or
(ii) for any offence (whether indictable or otherwise) committed by a person who is not a classified person.
[3] Clause 35 Overnight leave
Omit the clause. Insert instead:
35 Overnight leave
(1)
Overnight leave must not be granted to a person subject to control unless the prescribed portion of each detention period being served by the person has expired.
(2) Subject to subclause (3):
(a)
if 2 or more detention periods are ordered to be served consecutively, the prescribed portions of each of those periods are also taken to run consecutively, so that:
1996 No 254
Children (Detention Centres) Amendment (Day Leave and Overnight Leave) Regulation 1996
Amendment of Children (Detention Centres) Regulation 1995 Schedule 1 (i) the first portion begins on the date on which the first detention period begins, and
(ii) each of the subsequent portions begins on the date immediately following the date on which the preceding portion ends, and
(b)
if 2 or more detention periods are ordered to be served concurrently, the prescribed portions of each of those periods are also taken to run concurrently.
(3) However, if 2 or more detention orders are imposed in different proceedings, the prescribed portion of a detention period arising from a detention order imposed in the second or subsequent proceedings is not taken to have begun before the date on which that order is imposed. (4) In this clause: prescribed portion of a detention period means:
(a) two thirds of the fixed term or minimum term of the detention period, for an indictable offence (whether or not a serious indictable offence) committed by a classified person, and (b) one half of the fixed term or minimum term of the detention period: (i) for any other offence committed by a classified person, or
(ii) for any offence (whether indictable or otherwise) committed by a person who is not a classified person.
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