Weekend Detention Act Amendment Act 1983 (Qld)

159 ieextsttb ANNO TRICESIMO SECUNDO ELIZABETI-AE SECUNDAE REGINAE No. 15 of 1983 An Act to amend the Weekend Detention Act 1970 in certain particulars [ASSENTED TO 19TH APRIL, 1983]

160 Weekend Detention Act Amendment Act 1983, No. 15 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Weekend Detention Act Amendment Act 1983. 2. Principal Act and citation as amended . (1) In this Act, the WeekendDetention Act1970 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Weekend Detention Act1970-1983. 3. New s. 10A. The Principal Act is amended by inserting after section 10 the following section:- " 10A. Removal to another prison for sufficient cause. (1) A person sentenced to weekend detention who reports to a prison specified in the Court order or the notice may, in respect of the weekend in question, be removed to another prison by order of the Comptroller-General of Prisons. (2) The Comptroller-General of Prisons may make such an order where he considers it is necessary or desirable to do so having regard to- (a) accommodation at a prison; (b) employment of the person in useful labour; (c) training or rehabilitation of the person; (d) any other matter he deems relevant. (3) The order of the Comptroller-General of Prisons shall, additionally, be authority for the return of the person to the prison specified in the Court order or the notice for release at the expiration of the period of detention specified for the weekend in question. (4) The person may, if he so requests, be released from the prison to where he was removed by order under subsection (1) at the expiration of the period of detention specified for the weekend in question. (5) Where pursuant to an order under subsection (1) a person is removed to another prison, that prison shall whilst he remains therein be deemed to be the prison specified in the Court order or the notice. (6) The Comptroller-General of Prisons may order the removal of a person detained in a prison in accordance with this Act to a hospital, clinic, dental hospital, surgery or other place of treatment,

Weekend Detention Act Amendment Act 1983, No. 15 161 and subsequent return therefrom to the prison, where he is satisfied on medical or dental advice that such removal is required for the examination, observation or treatment of the person in question. (7) A reference in subsection (6) to treatment of the person in question is a reference to medical, optical or dental treatment of that person or treatment of such other nature as the Comptroller- General of Prisons considers necessary in respect of that person having regard to medical or dental advice as aforesaid. (8) For securing the safe custody of the person while being- (a) removed to another prison by order under subsection (1) or to a hospital, clinic, dental hospital, surgery or other place of treatment by order under subsection (6); or (b) returned to the prison specified in the Court order or the notice in accordance with this section, the Comptroller-General of Prisons may require such and so many prison officers as he considers necessary or expedient to have the person in charge at all times whilst being so removed or returned.". 4. New s. 14A. The Principal Act is amended by inserting after section 14 the following section:- " 14A. Failure to report to prison excused in certain circumstances. (1) The person at the time in charge of a prison to where a person sentenced to weekend detention is to report in respect of a particular weekend (in this section hereafter referred to as " the superintendent ") may, on application made by or on behalf of the person so sentenced (in this section hereafter referred to as " the detainee ") excuse the detainee from reporting at the prison in respect of the weekend in question where he is satisfied that- (a) because of- (i) the hospitalization or illness of the detainee; or (ii) other emergent circumstances affecting the detainee or his family, the detainee is reasonably precluded from reporting at the prison as specified in the Court order or the notice; and (b) there is insufficient time for the detainee to make an application under section 14. (2) An application under this section may be made and the sxcusing of the detainee may be communicated to him in such manner as the superintendent considers appropriate in the circumstances.

162 Weekend Detention Act Amendment Act 1983, No. 15 (3) The detainee excused under this section shall not be deemed to be an escapee pursuant to section 16 by reason only of his failure to report at the prison as specified in the Court order or the notice in respect of the weekend in question, and such weekend shall not be a weekend of his sentence for the purposes of section 15. (4) Where the detainee is excused under this section, he shall serve an additional weekend of detention in lieu of the one in respect of which he is excused and the Court order or the notice shall be read and construed accordingly; and it is immaterial that the weekends of detention are not consecutive weekends. (5) A decision by the superintendent to excuse the detainee shall be communicated as soon as practicable after it is made to the registrar or other proper officer of the Court that imposed the sentence of weekend detention.". 5. Amendment of s. 15. Legal custody, etc ., of person detained . Section 15 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting after the note to the section the expression "(1)"; (b) inserting the following subsections after subsection (1):- " (2) Subsection (1) applies subject to subsections (3), (4) and (5). (3) Where the person is removed to another prison by order under section l0A (1), he shall be deemed to be in the legal custody of the person at the time in charge of that prison during the period of his detention therein. (4) Where the person is being removed from a prison specified in the Court order or the notice to another prison pursuant to subsection (1) of section l0A or is being returned to the prison from another prison pursuant to subsection (3) of that section, he shall be deemed to be in the legal custody of the person at the time in charge of the prison from where he is being removed or returned until he is received by the person at the time in charge of the prison to where he is being removed or returned, as the case may be. (5) Where the person is being removed from a prison specified in the Court order or the notice to, or is at, a hospital, clinic, dental hospital, surgery or other place of treatment or is being returned therefrom to the prison pursuant to subsection (6) of section 10A, he shall be deemed to be in the legal custody of the person at the time in charge of that prison.

Weekend Detention Act Amendment Act 1983, No. 15 163 (6) A person who is deemed to be in legal custody pursuant to subsection (4) or (5) and who escapes from such legal custody shall be deemed to be a person so escaped notwithstanding the expiration of the period of weekend detention to be served on the weekend in question, and the provisions of section 16 applicable to a person to whom subsection (1) of that section is referable are, to the extent that they may be, applicable to a person as aforesaid.". 6. New s. 16A. The Principal Act is amended by inserting after section 16 the following section:- " 16A. Person not deemed to be escapee , etc., in certain circumstances . (1) A person referred to in section 16 (1) where the place of detention specified in the Court order or the notice is a prison shall not, in the circumstances therein referred to, be deemed to be a prisoner who escapes from or out of prison and from the legal custody of the person at the time in charge of the prison if- (a) before midnight on the Friday in question he communicates with the person at the time in charge of the prison; (b) he makes a submission to such person that his failure to report as specified in the Court order or the notice arose out of circumstances over which he had no control or circumstances of extraordinary emergency reasonably precluding his reporting to the prison at the time specified in the Court order or the notice; and (c) the person at the time in charge of the prison is satisfied that in the circumstances the person was reasonably precluded from so reporting and he advises that person he is so satisfied accordingly. (2) Where the person concerned is so advised, he shall be taken to be excused in respect of his failure to report as aforesaid. (3) Where the person is taken to be so excused, the weekend in question shall not be a weekend of his sentence for the purposes of section 15, and he shall serve an additional weekend of detention in lieu of the one in respect of which he is excused; and the-Court order or the notice shall be read and construed accordingly and it is immaterial that the weekends of detention are not consecutive weekends. (4) Where a person is taken to be excused as aforesaid, advice in relation thereto shall be given as soon as practicable thereafter by the person at the time in charge of the prison to the registrar or other proper officer of the Court that imposed the sentence of weekend detention.

164 Weekend Detention Act Amendment Act 1983,, No. 15 (5) The excusing of a person under this section does not operate to render unlawful or actionable any apprehension, arrest, taking into custody or other act or thing done in good faith to or with respect to that person by any person acting or purporting to act according to law and without knowledge of such excusing or to subject any such person to any liability in respect thereof.".