Young Offenders Variation Regulations 2010 (SA)

South Australia

Young Offenders Variation Regulations 2010

under the Young Offenders Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Young Offenders Regulations 2008

1. Variation of regulation 3—Interpretation

2. Variation of Part 2 heading

3. Variation of regulation 4—Training Centre Review Board meeting procedures

4. Variation of regulation 5—Obtaining information from Youth Court

5. Variation of regulation 6—Reviews, etc and proceedings of Training Centre Review Board

6. Variation of regulation 7—Conditional release from detention

Part 1—Preliminary

1—Short title

These regulations may be cited as the Young Offenders Variation Regulations 2010.

2—Commencement

These regulations will come into operation on the day on which Part 4 of the Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Young Offenders Regulations 2008

4—Variation of regulation 3—Interpretation

1. Regulation 3, definition of Board—delete the definition

2. Regulation 3—after its present contents as varied by this regulation (now to be designated as subregulation (1)) insert:

   (2)In these regulations, a reference to the Training Centre Review Board, or the Board, if made in relation to a youth who is a recidivist young offender, will be taken to be a reference to the Training Centre Review Board sitting as the Youth Parole Board and constituted in accordance with section 39(2)(b) of the Act.

5—Variation of Part 2 heading

Part 2, heading—before "Board" insert:

Training Centre Review

6—Variation of regulation 4—Training Centre Review Board meeting procedures

Regulation 4(1)—before "Board" first occurring insert:

Training Centre Review

7—Variation of regulation 5—Obtaining information from Youth Court

1. Regulation 5—before "Board" first occurring insert:

   Training Centre Review

2. Regulation 5—delete "case under consideration by it" and substitute:

   matter under consideration by the Board

8—Variation of regulation 6—Reviews, etc and proceedings of Training Centre Review Board

1. Regulation 6(1) and (2)—delete subregulations (1) and (2) and substitute:

   (1)If the Training Centre Review Board is to meet at a training centre—

   (a)to conduct a review of the progress and circumstances of a youth while in the training centre; or

   (b)to hear and determine any other matter relating to the youth,

   the manager of the training centre must, not later than 7 days (or such lesser period as is approved by the Board) before the meeting, provide the Board and the youth with a copy of a report in respect of the youth.

2. Regulation 6(4)—delete subregulation (4) and substitute:

   (4)The following persons (and only the following persons) may attend a meeting of the Board during a review by the Board of the progress and circumstances of a youth while in a training centre:

   (a)the manager of the training centre;

   (b)the youth to whom the review relates;

   (c)a guardian of the youth;

   (d)the legal representative of the youth;

   (e)if, in relation to an offence for which the youth was detained, there is a registered victim and he or she has made prior arrangement with the Board to attend the meeting—the registered victim;

   (f)any other person who has the permission of the Board to so attend.

9—Variation of regulation 7—Conditional release from detention

1. Regulation 7(1)—delete subregulation (1) and substitute:

   (1)The Training Centre Review Board must give consideration to the recommendations of the manager of a training centre as to—

   (a)authorising the Chief Executive to grant a youth a period of unsupervised leave from the training centre under section 40A of the Act; or

   (b)releasing a youth from detention in the training centre under Part 5 Division 3 Subdivision 3 of the Act.

2. Regulation 7(2)—delete "section 41" and substitute:

   Part 5 Division 3 Subdivision 3

3. Regulation 7(3)—delete "section 41" and substitute:

   Part 5 Division 3 Subdivision 3

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 17 June 2010

No 147 of 2010

AGO0100/07CS