Children (Detention Centres) Act 1987 Children (Detention Centres) Amendment (Escorted Absences) Regulation 1999 (1999-420) [GG No 92 of 13.8.1999, p 5729] (NSW)
1999 No 420
New South Wales
Children (Detention Centres)
Amendment (Escorted Absences)
Regulation 1999
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.
CARMEL MARY TEBBUTT, M.L.C.,
Minister for Juvenile Justice.
Explanatory note
The object of this Regulation is to amend the Children (Detention Centres) Regulation 1995 so as to prescribe the circumstances in which the Director-General may allow a serious violent detainee to be absent from a detention centre on an escorted absence.
This Regulation is made under the Children (Detention Centres) Act 1987, including sections 23A and 45 (the general regulation-making power).
Published in Gazette No 92 of 13 August 1999, page 5729 Page 1 [4]
1999 No 420
| Clause 1 | Children (Detention Centres) Amendment (Escorted Absences) Regulation 1999 |
Children (Detention Centres) Amendment
(Escorted Absences) Regulation 1999
1 Name of Regulation
This Regulation is the Children (Detention Centres) Amendment
(Escorted Absences) Regulation 1999.2 Amendment of Children (Detention Centres) Regulation) 1995
The Children (Detention Centres) Regulation 1995 is amended as set out in Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
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1999 No 420
Children (Detention Centres) Amendment (Escorted Absences) Regulation 1999
Amendments Schedule 1 Schedule 1 Amendments
(Clause 2)
[1] Clause 32 Definitions
Insert in alphabetical order:
escorted absence means absence from a detention centre
granted under section 23A of the Act.serious violent detainee means a person detained in a detention centre by reason of being charged with, convicted of or found guilty of a serious indictable offence.
[2] Clause 33A
Insert after clause 33:
33A Escorted absences
For the purposes of section 23A (1) (c) of the Act, a serious violent detainee is not eligible for escorted absence unless:
(a) the Director-General is satisfied:
(i)
that the purpose of the absence concerns an emergency with respect to a close relative of the detainee, and
(ii)
thatitisnotpracticableforspecial arrangements to be made within the detention centre to satisfy the purpose of the absence, and
(iii)
thattheescortedabsenceisnecessaryto avoid a serious threat to the emotional wellbeing of the detainee, or
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1999 No 420
Children (Detention Centres) Amendment (Escorted Absences) Regulation 1999
| Schedule 1 | Amendments |
(b) the Director-General is satisfied:
(i)
that the escorted absence is necessary to prepare the serious violent detainee for release from the detention centre, and
(ii)
that the serious violent detainee is due to be discharged from the detention centre within the next 8 weeks, and
(iii)
thatthedetaineeisnotineligibleforday leave under clause 34.
BY AUTHORITY
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