Australian Capital Territory Numbered Ordinances

Remand Centres (Amendment) Ordinance 1988

AUSTRALIAN CAPITAL TERRITORY

Remand Centres (Amendment) Ordinance 1988

No. 51 of 1988

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 1 August 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARY PUNCH

Minister of State for the Arts
and Territories

An Ordinance to amend the Remand Centres Ordinance 1976

Short title

1. This Ordinance may be cited as the Remand Centres (Amendment) Ordinance 1988.¹

Principal Ordinance

2. In this Ordinance, “Principal Ordinance” means the Remand Centres Ordinance 1976.²

Temporary remand centres

3. Section 5 of the Principal Ordinance is amended by omitting from subsections (4) and (5) “1 month” and substituting “12 months”.

Official Visitors—appointment and remuneration

4. Section 6A of the Principal Ordinance is amended by inserting after subsection (1) the following subsections:

“(1A) A person who is an officer or employee within the meaning of the Public Service Act 1922 or employed by a Commonwealth authority shall not be appointed as an Official Visitor.

“(1B) A person shall not be appointed as an Official Visitor unless he or she possesses qualifications or experience that will assist in the performance of the duties of an Official Visitor.”.

Insertion

5. After section 6A of the Principal Ordinance the following sections are inserted:

Official Visitors—term of appointment

“6B. An Official Visitor shall be appointed in writing for a period of 3 years and is eligible for re-appointment.

Official Visitors—termination of appointment

“6C. (1) An Official Visitor may resign by writing signed by him or her and delivered to the Minister.

(2) The Minister may remove an Official Visitor from office—

(a) for misbehaviour or physical or mental incapacity;

(b) if he or she becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(c) if he or she is convicted for an offence punishable by imprisonment for 1 year or longer.”.

Standing orders

6. Section 8 of the Principal Ordinance is amended by omitting from paragraph (2) (b) “the visiting magistrate” and substituting “an Official Visitor”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 10 August 1988.

2. No. 48, 1976 as amended by No. 1, 1978; No. 19, 1982; No. 67, 1983; No. 76, 1985; Nos. 14 and 25, 1986; No. 30, 1987.