Children (Criminal Proceedings) Amendment (Adult Detainees) Act 2001 No 123



An Act to amend the Children (Criminal Proceedings) Act 1987 with respect to the detention of adult offenders in detention centres; and for related purposes.
2   Commencement
This Act commences on a day to be appointed by proclamation.
3   (Repealed)
s 3: Rep 2005 No 64, Sch 3.
4   Monitoring by Ombudsman
(1)  For the period of 3 years after the commencement of this section, the Ombudsman is to keep under scrutiny the operation and effect of section 19 of the Children (Criminal Proceedings) Act 1987 as substituted by this Act.
(2)  For that purpose, the Ombudsman may require the Director-General of the Attorney General’s Department, the Director-General of the Department of Juvenile Justice or the Director-General of the Department of Corrective Services to provide information concerning the participation of the Department concerned in the operation of that section.
(3)  As soon as practicable after the expiration of that period of 3 years, the Ombudsman must prepare a report as to the operation and effect of that section and furnish a copy of the report to the Attorney General, the Minister for Juvenile Justice and the Minister for Corrective Services.
(4)  The Attorney General is to lay (or cause to be laid) a copy of the report before both Houses of Parliament as soon as practicable after the Attorney General receives the report.
(5)  If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.
(6)  The report:
(a)  is, on presentation and for all purposes, taken to have been laid before the House, and
(b)  may be printed by authority of the Clerk of the House, and
(c)  if so printed, is for all purposes taken to be a document published by or under the authority of the House, and
(d)  is to be recorded:
(i)  in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and
(ii)  in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by the Clerk.
Schedule 1 (Repealed)
sch 1: Rep 2005 No 64, Sch 3.