Children, Youth and Families Amendment (Remission of Sentences) Regulations 2019 (Vic)

Children, Youth and Families Amendment (Remission of Sentences) Regulations 2019

S.R. No. 75/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Regulation 37 substituted

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Endnotes

STATUTORY RULES 2019

S.R. No. 75/2019

Children, Youth and Families Act 2005

Children, Youth and Families Amendment (Remission of Sentences) Regulations 2019

The Administrator of the State of Victoria as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 3 September 2019

Responsible Minister:

BEN CARROLL
Minister for Youth Justice

PIETA TAVROU

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Children, Youth and Families Regulations 2017 to provide for the remission of the sentences of persons serving a period of detention in a youth residential centre or youth justice centre by the Secretary.

2Authorising provision

These Regulations are made under section 600 of the Children, Youth and Families Act 2005.

3Regulation 37 substituted

For regulation 37 of the Children, Youth and Families Regulations 2017[1] substitute—

"37   Remission of sentences

(1)The Secretary to the Department of Justice and Community Safety is responsible for the management of the remission of any sentence of a person undergoing detention in a youth residential centre or youth justice centre in accordance with this regulation.

(2)The Secretary must only grant the remission of any sentence of a person undergoing detention in a youth residential centre or youth justice centre if—

(a)the person has been sentenced to less than 6 months and the Youth Parole Board does not consider the person to be appropriate for parole; and

(b)the person does not have another unexpired sentence that is for a term of 6 months or more; and

(c)the person has been of good behaviour in custody; and

(d)the remission and release of the person from custody would not be reasonably likely to place the person or another person at serious risk.

(3)A period of remission under subregulation (2) must not exceed one-third of the period of time for which the person is required to be detained under any sentence imposed by a Court being remitted.".

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Endnotes

[1] Reg. 3: S.R. No. 19/2017 as amended by S.R. Nos 5/2018, 8/2018, 53/2018 and 147/2018.