Children (Detention Centres) Amendment Act 1987 (NSW)

CHILDREN (DETENTION CENTRES) AMENDMENT ACT

1987 No. 272

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.     Amendment of Act No. 57, 1987

SCHEDULE 1—AMENDMENTS

CHILDREN (DETENTION CENTRES) AMENDMENT ACT 1987

No. 272

NEW SOUTH WALES

Act No. 272, 1987

An Act to amend the Children (Detention Centres) Act 1987 with respect to escaping from custody, the granting of remission and certain other matters. [Assented to 16 December 1987]

^ Act No. 272

Children (Detention Centres) Amendment 1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Children (Detention Centres) Amendment

Act 1987.

Amendment of Act No. 57, 1987

2. The Children (Detention Centres) Act 1987 is amended as set out in

Schedule 1.

SCHEDULE 1—AMENDMENTS

(Sec. 2)

(1) Section 3 (Definitions)—

Section 3 (1), definition of "misbehaviour"— absconding from lawful custody or".

(2) Section 9 (Persons on remand and persons subject to control to be

detained in detention centres)—

Section 9 (5)—

After section 9 (4), insert:

(5) This section does not limit the operation of sections 9A, 33A

and 33B of the Children (Criminal Proceedings) Act 1987.

(3) Section 21 (Punishments for misbehaviour)—

Section 21 (l)(e)—

After section 21(1) (d), insert:

(e) loss of remission, not exceeding 7 days.

(4) Section 22 (Prohibited punishments)—

(a)	Section 22 (1)— After "shall not be", insert "punished by being".
(b)	Section 22 (3)— Omit "treats", insert instead "punishes".
(c)	Section 22 (3)— Omit "treated", insert instead "punished".

(5) Section 23 (Persons on remand may be granted leave etc.)—

Children (Detention Centres) Amendment 1987

SCHEDULE 1— AMENDMENTS—continued

After section 23 (4), insert:

(5) If, at the end of 7 days after a leave of absence granted under subsection (1) has expired, a person on remand has failed to return to the detention centre from which the person is absent, the person shall be deemed to have escaped from lawful custody.

(6) Section 24 (Persons subject to control may be granted leave, discharged

etc.)—

(a)	Section 24 (6)— Omit "at the end of 7 days".
(b)	Section 24 (7)— After section 24 (6), insert:

(7) If, at the end of 7 days after a leave of absence granted under subsection (1) (a) has expired, a person subject to control has failed to return to the detention centre from which the person is absent, the person shall be deemed to have escaped from lawful custody.

(7) Section 25 (Removal to hospital of detainees)—

Section 25 (5)—

Omit "absconded", insert instead "escaped".

(8) Section 29 (Remission)—

Section 29 (1)—
Omit "section 460A of the Crimes Act 1900", insert instead

"section 69 of the Prisons Act 1952".

(9) Section 30 (Discharge generally)—

Section 30 (3)—

After section 30 (2), insert:

(3) This section does not limit the operation of the Probation

and Parole Act 1983 with respect to a person subject to control.

(10) Part 4, head ing-

Omit "ABSCONDING", insert instead "ESCAPING".

(11) Section 33 (Escaping)—

(a) Section 33 (1)—

4   Act No. 272

Children (Detention Centres) Amendment 1987

SCHEDULE 1— AMENDMENTS—continued

Omit "absconded from lawful custody by section 23 (4), 24 (6)", insert instead "escaped from lawful custody by section 23 (5), 24 (7)".

(12) Section 34 (Aiding escapes)—

(a)

Section 34 (a)— "escaping or attempting to escape".

(b) Section 34 (b)—
Omit "absconding", insert instead "escaping".

(13) Section 36 (Permitting escapes)—

Omit "abscond", insert instead "escape".

(14) Section 37 (Harbouring escapees)—

Omit "absconded", insert instead "escaped".

(15) Section 38 (Arrest of escapees etc.)—

Section 38 (1)—

After "has", insert "escaped or".