An Act to amend the Children (Detention Centres) Act 1987 to make further provision with respect to the imprisonment of certain offenders serving detention orders; and for other purposes.
1 Name of Act
This Act is the Children (Detention Centres) Amendment Act 1999.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Children (Detention Centres) Act 1987 No 57
The Children (Detention Centres) Act 1987 is amended as set out in Schedule 1.
Schedule 1 Amendments
(Section 3)
[1] Section 9 Persons on remand and persons subject to control to be detained in detention centres
Omit “sections 28A and 28B” from section 9 (5).Insert instead “sections 28A, 28B and 28BA”.
[2] Section 28BA
Insert after section 28B:28BA Certain persons to serve balance of detention order in prison(1) This section applies to a person who is sentenced to a term of imprisonment in respect of a detention centre offence that was committed when the person was of or above the age of 18 years.(2) A person to whom this section applies must, after serving the term of imprisonment, serve the balance of any unexpired term of a detention order to which the person is subject in prison.(3) The balance of the unexpired term of a detention order to which subsection (2) relates becomes the term of a sentence of imprisonment.(4) Despite subsections (2) and (3), the Children’s Court may, on application by a person to whom this section applies, direct that the person be returned to a detention centre for the balance of that unexpired term if it is of the opinion that the person is suitable for detention in a detention centre.(5) In any proceedings on an application under subsection (4), the Director-General and a person to whom this section applies are entitled:(a) to appear in the proceedings and be heard, and(b) to be represented by a barrister or solicitor or, by leave of the Children’s Court, by an agent.(6) Section 28E makes provision for the matters to be taken into account in deciding whether a person is suitable for detention in a detention centre.(7) This section extends to a person sentenced to a term of imprisonment for a detention centre offence before the commencement of this section, but does not apply if the person has served the whole of that sentence before that commencement.
[3] Section 28C Meaning of “detention centre offence”
Omit “sections 28A and 28B”.Insert instead “sections 28A, 28B and 28BA”.
[4] Section 28E Consideration of suitability for detention centre
Omit “section 28A, 28B or 28D” from section 28E (1).Insert instead “section 28A, 28B, 28BA or 28D”.