Youth Justice (Consequential Amendments) Act 1999 (TAS)

Youth Justice (Consequential Amendments) Act 1999

An Act to amend certain Acts consequent on the commencement of the Youth Justice Act 1997

[Royal Assent 27 October 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Youth Justice (Consequential Amendments) Act 1999 . 2CommencementThis Act commences on the day on which the Youth Justice Act 1997 commences. 3Consequential amendmentsThe Acts specified in Schedule 1 are amended as specified in that Schedule. 4Consequential amendmentsThe Statutory Rules specified in Schedule 2 are amended as specified in that Schedule. Schedule 1Consequential Amendments

Section 3

1.    Section 3(1) is amended as follows: (a) by omitting the definition of committal order ; (b) by omitting the definition of indictable offence ; (c) by omitting the definition of probation officer . 2.    Section 4 is amended by omitting "each child suspected of having committed, charged with, or found guilty of an offence shall be treated, not as a criminal, but as a child who is, or may have been, misdirected or misguided, and that". 3.    Section 13(1) is amended by omitting "hearing a charge against a child or for the purpose of exercising any other" and substituting "exercising". 4.    Section 14 is repealed. 5.    Section 15 is amended as follows: (a) by omitting from subsection (1) "a complaint against, or"; (b) by omitting from subsection (1) "complaint or"; (c) by omitting subsections (2) , (3) and (4) ; (d) by omitting from subsection (5) "complaint laid against, or". 6.    Section 16 is amended as follows: (a) by omitting from subsection (1) “a child is charged before a children’s court or any other court of summary jurisdiction, with an offence or any other” and substituting "any"; (b) by omitting from subsection (1) "him" and substituting "a child"; (c) by omitting from subsection (2) “a child is charged before a children’s court, or any other court of summary jurisdiction, with an offence or any other” and substituting "any"; (d) by omitting from subsection (2) "him" and substituting "a child"; (e) by omitting from subsection (7) “or, for the purposes of his being brought before a children’s court, is otherwise taken into detention,”; (f) by omitting from subsection (7) "apprehended or is taken into detention," and substituting "apprehended,". 7.    Division II of Part III is repealed. 8.    Section 41 is amended as follows: (a) by omitting subsection (2) ; (b) by omitting from subsection (2A) "under section 29A ,"; (c) by omitting from subsection (2A) "granted under that section" second occurring; (d) by omitting from subsection (2A) "leave so granted," and substituting "leave"; (e) by omitting from subsection (2A) "under that section". 9.    Section 42(1) is amended by omitting " section 24 and". 10.    Section 43(2) is amended by omitting " section 25 or". 11.    Section 44(2) is amended by omitting "guilty of an offence or". 12.    Section 51(1) is amended by omitting paragraph (a) . 13.    Section 77 is amended as follows: (a) by omitting from subsection (1) "person, whether charged with an offence or not," and substituting "person"; (b) by omitting subsection (2) . 14.    Section 78(1)(b) is amended by omitting "and imposing duties on probation officers". 1.    Section 22(5) is amended as follows: (a) by inserting "or the Youth Justice Act 1997 " after " Prison Act 1977 "; (b) by omitting "Services" and substituting "Services, the Secretary within the meaning of the Youth Justice Act 1997 ". 1.    Schedule 1 is amended as follows: (a) by omitting

Sections 23 (1) (c), 28 (1) (b), 33A, 34 (1) (a), 34 (5), 35 and 39 of the Child Welfare Act 1960.

and substituting the following item:

Sections 33A, 34 (1) (a), 34 (5), 35 and 39 of the Child Welfare Act 1960.

(b) by inserting after

Sections 27, 40, 42, 43 (1) (b) and 47 of the Adoption Act 1988.

the following item:

Section 107 of the Youth Justice Act 1997 .

1.    Section 3 is amended as follows: (a) by inserting the following definition after the definition of death : detention centre has the same meaning as in the Youth Justice Act 1997 ; (b) by omitting "institution;" from paragraph (b)(ii) of the definition of person held in custody and substituting "institution; or"; (c) by inserting the following subparagraph after subparagraph (ii) in paragraph (b) of the definition of person held in custody : (iii) a detention centre; (d) by omitting "prison" from paragraph (c) of the definition of reportable death and substituting "prison, a detention centre". 2.    Section 19(4)(b) is amended by omitting "prison" and substituting "prison, a detention centre". 3.    Section 24(1)(d) is amended by omitting "prison" and substituting "prison, a detention centre". 4.    Section 28(5) is amended by omitting "prison" and substituting "prison, a detention centre". 1.    Section 14 is amended by inserting " section 31 of the Youth Justice Act 1997 ," after " section 18 of the Child Welfare Act 1960 ,". 1.    Schedule 1 is amended as follows: (a) by omitting from section 18(1) "7" and substituting "10"; (b) by inserting the following subsection after subsection (11) in section 27 : (12) The power of a police officer to arrest a person under this section is subject to the limits imposed on the power to arrest by section 24 of the Youth Justice Act 1997 . 1.    Section 6(3) is amended by omitting "17" and substituting "18". 2.    Section 8(1) is amended by omitting "17" twice occurring from the definition of serious offence and substituting "18". 1.    Section 6 is amended as follows: (a) by inserting in subsection (1)(d) "or the Youth Justice Act 1997 " after " Sentencing Act 1997 "; (b) by omitting from subsection (6)(a) "term;" and substituting "term; and"; (c) by omitting from subsection (6)(b) "pleasure;" and substituting "pleasure; and"; (d) by inserting the following paragraph after paragraph (b) in subsection (6) : (c) a sentence of detention under the Youth Justice Act 1997 ; and 1.    Section 106E is amended by inserting after subsection (3) the following subsections: (4)  At any time in proceedings under this Part, the justices may determine that it is appropriate that those proceedings be heard and determined by the Magistrates Court (Youth Justice Division) and may transfer the proceedings to that court. (5)  If proceedings are transferred to the Magistrates Court (Youth Justice Division) under subsection (4) , that court has jurisdiction to hear and determine those proceedings. 1.    Section 3(1) is amended as follows: (a) by inserting the following definition after the definition of hospital order : imprisonment includes detention under the Youth Justice Act 1997 ; (b) by inserting the following definition after the definition of place of safety : prison includes a detention centre within the meaning of the Youth Justice Act 1997 ; 1.    Section 55 is amended by inserting after subsection (3) the following subsection: (3A) The power of a police officer to arrest a person under this section is subject to the limits imposed on the power of arrest by section 24 of the Youth Justice Act 1997 . 1.    Section 3(1) is amended by omitting "an institution within the meaning of the Child Welfare Act 1960 , or detention under any" from the definition of State sentence of imprisonment and substituting "a detention centre, within the meaning of the Youth Justice Act 1997 , or a sentence of detention under that Act or any other". 1.    Section 58(5)(b) is amended by inserting "or section 47(1)(f) of the Youth Justice Act 1997 " after " section 7 (2) of the Probation of Offenders Act 1973 ". 1.    Section 3 is amended by omitting the definition of children’s court . 2.    Section 5(2) is amended by omitting “a children’s court” and substituting "the Magistrates Court (Youth Justice Division)". Schedule 2Consequential Amendments

Section 4

1.    Schedule 2 is amended by inserting after item 13 the following item: 14.   Any detention centre within the meaning of the Youth Justice Act 1997 . 1.    Section 3 is amended by inserting after paragraph (g) the following paragraph: (ga) detention centre managers, facilitators and youth justice workers appointed or employed for the purposes of the Youth Justice Act 1997 ;

[Second reading presentation speech made in:

House of Assembly on 1 JULY 1999

Legislative Council on 23 SEPTEMBER 1999]