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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Youth Justice and Other
Legislation Amendment Bill
2016
Queensland
Youth Justice and Other Legislation
Amendment Bill 2016
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Childrens Court Act 1992
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Omission of pt 4, div 1, hdg (Constitution and sitting times) . . . . 6
5 Insertion of new s 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
20 Who may be present at a proceeding . . . . . . . . . . . . 7
6 Omission of pt 4, div 2 (Closed and open proceedings) . . . . . . . 10
Part 3 Amendment of Corrective Services Act 2006
7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 4 Amendment of Youth Justice Act 1992
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 11 (Police officer to consider alternatives to proceeding
against child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Amendment of s 21 (Childrens Court may dismiss charge if caution
should have been administered or no action taken) . . . . . . . . . . 11
12 Replacement of pt 2, div 3, hdg (Reference by police officer for a
conference) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3 Referral for restorative justice process
13 Replacement of ss 22 and 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 When police officer may refer offence for restorative justice
process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 If restorative justice agreement is made as a consequence of
referral for restorative justice process . . . . . . . . . . . . 13
14 Amendment of s 24 (Powers of police officer if referral is unsuccessful or
if child contravenes conference agreement) . . . . . . . . . . . . . . . . 13
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Youth Justice and Other Legislation Amendment Bill 2016
Contents
15 Insertion of new s 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24A Childrens Court may dismiss charge if offence should have
been referred to restorative justice process . . . . . . . 14
16 Replacement of pt 3 (Youth justice conferences generally) . . . . 15
Part 3 Restorative justice processes
Division 1 Preliminary
30 Object of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
31 The restorative justice process . . . . . . . . . . . . . . . . . 16
32 Returning referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2 Conferences
33 Object of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
34 Who may participate in conference . . . . . . . . . . . . . . 17
35 Convening conference . . . . . . . . . . . . . . . . . . . . . . . 19
36 Conference agreement . . . . . . . . . . . . . . . . . . . . . . . 20
37 Amendment of conference agreement by chief executive 21
Division 3 Alternative diversion programs
38 Alternative diversion program . . . . . . . . . . . . . . . . . . 22
Division 4 General
39 Convenors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
40 Admissibility of particular evidence . . . . . . . . . . . . . . 23
17 Amendment of s 74 (Chief executive's right of audience generally) 24
18 Amendment of s 138 (Dealing with offender held in corrective services
facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
19 Amendment of s 139 (Application to be held in detention centre) 25
20 Amendment of s 147 (Use of evidence of cautions and conferences in
deciding issue of criminal responsibility) . . . . . . . . . . . . . . . . . . . 25
21 Amendment of s 154 (Finding of guilt as child may be disclosed while a
child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
22 Amendment of s 160 (Copy of court order or decision to be given to child,
parent etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
23 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2 Restorative justice process referrals before sentencing
161 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . 27
162 When court must consider making court diversion referral or
presentence referral . . . . . . . . . . . . . . . . . . . . . . . . . 27
163 Power of court to make restorative justice process referral
27
164 Court diversion referrals . . . . . . . . . . . . . . . . . . . . . . 29
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Youth Justice and Other Legislation Amendment Bill 2016
Contents
165 Presentence referrals . . . . . . . . . . . . . . . . . . . . . . . . 30
24 Amendment of s 175 (Sentence orders--general) . . . . . . . . . . . 31
25 Insertion of new s 178C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
178C Combination of restorative justice orders and other sentence
orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
26 Insertion of new pt 7, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 6A Restorative justice orders
192A Preconditions to making restorative justice order . . . 32
192B Requirements to be set out in restorative justice order 33
192C Making restorative justice order and community service order
or graffiti removal order . . . . . . . . . . . . . . . . . . . . . . . 34
192D Ending of restorative justice order . . . . . . . . . . . . . . . 35
27 Amendment of s 245 (Court's power on breach of a community based
order other than a boot camp (vehicle offences) order, conditional
release order or boot camp order) . . . . . . . . . . . . . . . . . . . . . . . . 35
28 Amendment of s 247 (Variation, discharge and resentence in the
interests of justice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
29 Amendment of s 252 (Variations by consent) . . . . . . . . . . . . . . . 36
30 Replacement of pt 8, div 2A (Period of detention to be served as period
of imprisonment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2A Age related transfers to corrective services facility
Subdivision 1 Prison transfer directions
276A Definitions for subdivision . . . . . . . . . . . . . . . . . . . . . 37
276B Particular detainees liable to be transferred to corrective
services facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
276C Transfer of particular detainees to corrective services facility
38
276D Application for temporary delay of transfer . . . . . . . . 39
276E Transferee subject to Corrective Services Act 2006 from
transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Subdivision 2 Age limits for detention
276F Persons over 18 years and 6 months should not serve period
of detention at detention centre . . . . . . . . . . . . . . . . . 42
31 Amendment of s 283 (Confidential information to which this part applies)
43
32 Amendment of s 295 (Disclosure by police of information about cautions
and youth justice conferences and agreements) . . . . . . . . . . . . . 44
33 Amendment of s 296 (Disclosure by chief executive or convenor of
information about conference agreements) . . . . . . . . . . . . . . . . . 44
34 Insertion of new s 302A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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Contents
302A Chief executive may seek contact information for victims of
offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
35 Insertion of new pt 11, div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 12 Transitional provision for the Youth Justice and Other
Legislation Amendment Act 2016
368 Application of Act to matters before commencement 46
36 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 5 Minor and consequential amendments
37 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 50
Justice and Other Information Disclosure Act 2008 . . . . . . . . . . 50
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . 50
Police Service Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 51
Public Guardian Act 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Right to Information Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Young Offenders (Interstate Transfer) Act 1987 . . . . . . . . . . . . . 52
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2016
A Bill
for
An Act to amend the Childrens Court Act 1992, the Corrective
Services Act 2006, the Youth Justice Act 1992 and the Acts
mentioned in schedule 1 for particular purposes
Youth Justice and Other Legislation Amendment Bill 2016
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Youth Justice and Other 4
Legislation Amendment Act 2016. 5
Part 2 Amendment of Childrens Court 6
Act 1992 7
Clause 2 Act amended 8
This part amends the Childrens Court Act 1992. 9
Clause 3 Amendment of s 3 (Definitions) 10
Section 3, definitions child's community, community justice 11
group, first-time offender, interested person, non-youth justice 12
matter, relevant person and youth justice matter-- 13
omit. 14
Clause 4 Omission of pt 4, div 1, hdg (Constitution and sitting 15
times) 16
Part 4, division 1, heading-- 17
omit. 18
Clause 5 Insertion of new s 20 19
Part 4-- 20
insert-- 21
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Part 2 Amendment of Childrens Court Act 1992
[s 5]
20 Who may be present at a proceeding 1
(1) In a proceeding before the court relating to a 2
child, the court must exclude from the room in 3
which the court is sitting any person who is not-- 4
(a) the child; or 5
(b) a parent or other adult member of the child's 6
family; or 7
(c) a victim, or a person who is a representative 8
of the victim, of the offence alleged to have 9
been committed by the child; or 10
(d) a witness giving evidence; or 11
(e) if a witness is a complainant within the 12
meaning of the Criminal Law (Sexual 13
Offences) Act 1978--a person whose 14
presence will provide emotional support to 15
the witness; or 16
(f) a party or person representing a party to the 17
proceeding, including, for example, a police 18
officer or other person in charge of a case 19
against a child in relation to an offence; or 20
(g) a representative of the chief executive of the 21
department; or 22
(h) if the child is an Aboriginal or Torres Strait 23
Islander person-- 24
(i) a representative of an organisation 25
whose principal purpose is the 26
provision of welfare services to 27
Aboriginal and Torres Strait Islander 28
children and families; or 29
(ii) a representative of the community 30
justice group in the child's community 31
who is to make submissions that are 32
relevant to sentencing the child; or 33
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Part 2 Amendment of Childrens Court Act 1992
[s 5]
(i) an infant or young child in the care of an 1
adult who may be present in the room. 2
(2) However, the court must also exclude from the 3
room a person mentioned in subsection (1)(c) if, 4
in the court's opinion, the person's presence 5
would be prejudicial to the interests of the child. 6
(3) Also, the court may permit to be present in the 7
room-- 8
(a) a person who is engaged in-- 9
(i) a course of professional study relevant 10
to the operation of the court; or 11
(ii) research approved by the chief 12
executive of the department; or 13
(b) a person who, in the court's opinion, will 14
assist the court; or 15
(c) for a criminal proceeding against a child--1 16
or more of the following persons if, in the 17
court's opinion, the person's presence would 18
not be prejudicial to the interests of the 19
child-- 20
(i) a representative of mass media; 21
(ii) a person who, in the court's opinion, 22
has a proper interest in the proceeding. 23
(4) Also, this section does not affect any order made, 24
or that may be made, by the court under the 25
Evidence Act 1977, section 21A-- 26
(a) excluding any person (including a 27
defendant) from the place in which the court 28
is sitting; or 29
(b) permitting any person to be present while a 30
special witness within the meaning of that 31
section is giving evidence. 32
(5) This section-- 33
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Part 2 Amendment of Childrens Court Act 1992
[s 5]
(a) applies even if the court's jurisdiction is 1
being exercised conjointly with another 2
jurisdiction; and 3
(b) does not apply to the court when constituted 4
by a judge exercising jurisdiction to hear 5
and determine a charge on indictment. 6
(6) In this section-- 7
child's community means the child's Aboriginal 8
or Torres Strait Islander community, whether it 9
is-- 10
(a) an urban community; or 11
(b) a rural community; or 12
(c) a community on DOGIT land under the 13
Aboriginal Land Act 1991 or the Torres 14
Strait Islander Land Act 1991. 15
community justice group, for a child, means-- 16
(a) the community justice group established 17
under the Aboriginal and Torres Strait 18
Islander Communities (Justice, Land and 19
Other Matters) Act 1984, part 4, for the 20
child's community; or 21
(b) a group of persons within the child's 22
community, other than a department of 23
government, that is involved in the provision 24
of any of the following-- 25
(i) information to a court about Aboriginal 26
or Torres Strait Islander offenders; 27
(ii) diversionary, interventionist or 28
rehabilitation activities relating to 29
Aboriginal or Torres Strait Islander 30
offenders; 31
(iii) other activities relating to local justice 32
issues; or 33
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Part 3 Amendment of Corrective Services Act 2006
[s 6]
(c) a group of persons made up of the elders or 1
other respected persons of the child's 2
community. 3
criminal proceeding means a proceeding against 4
a child under the Youth Justice Act 1992 for an 5
offence or for the sentencing of the child for an 6
offence. 7
Clause 6 Omission of pt 4, div 2 (Closed and open proceedings) 8
Part 4, division 2-- 9
omit. 10
Part 3 Amendment of Corrective 11
Services Act 2006 12
Clause 7 Act amended 13
This part amends the Corrective Services Act 2006. 14
Clause 8 Amendment of sch 4 (Dictionary) 15
Schedule 4, definition parole order-- 16
omit, insert-- 17
parole order-- 18
(a) means a parole order mentioned in section 19
194 or a court ordered parole order; and 20
(b) for chapter 5, part 1, division 1, subdivision 21
2--see section 178; and 22
(c) for chapter 5, part 1, division 2--see section 23
186. 24
Note-- 25
Under the Youth Justice Act 1992, sections 276E and 26
276F the provisions of this Act that apply to a parole 27
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Part 4 Amendment of Youth Justice Act 1992
[s 9]
order also apply to a statutory parole order under those 1
sections of that Act. 2
Part 4 Amendment of Youth Justice 3
Act 1992 4
Clause 9 Act amended 5
This part amends the Youth Justice Act 1992. 6
Clause 10 Amendment of s 11 (Police officer to consider 7
alternatives to proceeding against child) 8
Section 11(1)(c), 'a conference'-- 9
omit, insert-- 10
the chief executive for a restorative justice 11
process 12
Clause 11 Amendment of s 21 (Childrens Court may dismiss charge 13
if caution should have been administered or no action 14
taken) 15
Section 21(3)(b), 'that a caution be administered'-- 16
omit, insert-- 17
a police officer to administer a caution 18
Clause 12 Replacement of pt 2, div 3, hdg (Reference by police 19
officer for a conference) 20
Part 2, division 3, heading-- 21
omit, insert-- 22
Division 3 Referral for restorative 23
justice process 24
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Part 4 Amendment of Youth Justice Act 1992
[s 13]
Clause 13 Replacement of ss 22 and 23 1
Sections 22 and 23-- 2
omit, insert-- 3
22 When police officer may refer offence for 4
restorative justice process 5
(1) This section applies if a child admits committing 6
an offence to a police officer. 7
(2) Instead of bringing the child before a court for the 8
offence, the police officer may, by written notice 9
given to the chief executive, refer the offence to 10
the chief executive for a restorative justice 11
process. 12
(3) However, the police officer may make the referral 13
only if-- 14
(a) the child indicates willingness to comply 15
with the referral; and 16
(b) having regard to the deciding factors, the 17
officer considers-- 18
(i) a caution is inappropriate; and 19
(ii) a proceeding for the offence would be 20
appropriate if the referral were not 21
made; and 22
(iii) the referral is a more appropriate way 23
of dealing with the offence than 24
starting a proceeding. 25
(4) The deciding factors for referring an offence to 26
the chief executive for a restorative justice 27
process are-- 28
(a) the nature of the offence; and 29
(b) the harm suffered by anyone because of the 30
offence; and 31
(c) whether the interests of the community and 32
the child would be served by having the 33
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Part 4 Amendment of Youth Justice Act 1992
[s 14]
offence dealt with under a restorative justice 1
process. 2
(5) The police officer must inform the child generally 3
of the restorative justice process and potential 4
consequences for the child if he or she fails to 5
properly participate in the process. 6
(6) If the referral is accepted by the chief executive, 7
the chief executive must give written notice of the 8
acceptance to the police officer and the child. 9
23 If restorative justice agreement is made as a 10
consequence of referral for restorative justice 11
process 12
(1) This section applies if-- 13
(a) a police officer refers an offence committed 14
by a child to the chief executive for a 15
restorative justice process; and 16
(b) a restorative justice agreement is made as a 17
consequence of the referral. 18
(2) The child is not liable to be prosecuted for the 19
offence unless otherwise provided under this Act. 20
Clause 14 Amendment of s 24 (Powers of police officer if referral is 21
unsuccessful or if child contravenes conference 22
agreement) 23
(1) Section 24, heading, 'conference'-- 24
omit, insert-- 25
restorative justice 26
(2) Section 24(1)-- 27
omit, insert-- 28
(1) This section applies if a police officer refers an 29
offence committed by a child to the chief 30
executive for a restorative justice process and-- 31
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Part 4 Amendment of Youth Justice Act 1992
[s 15]
(a) the chief executive returns the referral to the 1
officer under section 32(1); or 2
(b) the child fails to comply with a restorative 3
justice agreement made as a consequence of 4
the referral. 5
(3) Section 24(2)(b) and (c)-- 6
omit, insert-- 7
(b) any participation by the child in the 8
restorative justice process; and 9
(c) if a restorative justice agreement was made 10
as a consequence of the referral--anything 11
done by the child under the agreement. 12
(4) Section 24(3)(c), 'conference'-- 13
omit, insert-- 14
restorative justice process 15
Clause 15 Insertion of new s 24A 16
Part 2, division 3-- 17
insert-- 18
24A Childrens Court may dismiss charge if offence 19
should have been referred to restorative 20
justice process 21
(1) If a child pleads guilty before a Childrens Court to 22
a charge made against the child by a police 23
officer, the court may dismiss the charge instead 24
of accepting the plea of guilty if-- 25
(a) application is made for the dismissal by or 26
on behalf of the child; and 27
(b) the court is satisfied the offence should have 28
been referred to the chief executive for a 29
restorative justice process under section 22, 30
regardless of whether or not the child 31
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Part 4 Amendment of Youth Justice Act 1992
[s 16]
admitted committing the offence to the 1
police officer. 2
(2) If the court dismisses the charge, the court may 3
refer the offence to the chief executive for a 4
restorative justice process. 5
(3) However, the dismissal of the charge does not 6
prevent a police officer starting a proceeding 7
against the child for the offence or a court 8
sentencing the child for the offence if-- 9
(a) the chief executive returns the referral under 10
section 32(1); or 11
(b) the child fails to comply with a restorative 12
justice agreement made as a consequence of 13
the referral. 14
(4) For part 3, the police officer is taken to be the 15
referring authority for a referral made under 16
subsection (2). 17
Clause 16 Replacement of pt 3 (Youth justice conferences 18
generally) 19
Part 3-- 20
omit, insert-- 21
Part 3 Restorative justice 22
processes 23
Division 1 Preliminary 24
30 Object of part 25
The object of this part is to provide for the use of 26
a restorative justice process for a child who 27
commits an offence. 28
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Part 4 Amendment of Youth Justice Act 1992
[s 16]
31 The restorative justice process 1
(1) This part applies if a police officer or a court (each 2
a referring authority) refers an offence to the 3
chief executive for a restorative justice process. 4
(2) The restorative justice process is to be a 5
conference. 6
(3) However, the restorative justice process is to be 7
an alternative diversion program if-- 8
(a) the referral is made by a police officer under 9
section 22 or made by a court under section 10
24A or 164; and 11
(b) a conference can not be convened for any 12
reason other than-- 13
(i) the chief executive being unable to 14
contact the child after reasonable 15
inquiries; or 16
(ii) the child being unwilling to participate 17
in the conference. 18
32 Returning referrals 19
(1) The chief executive may, by written notice given 20
to the referring authority, return the referral if-- 21
(a) the chief executive is unable to contact the 22
child after reasonable inquiries; or 23
(b) the chief executive has made reasonable 24
requirements of the child to attend an 25
interview about the process and the child 26
has failed to attend as required; or 27
(c) the chief executive considers it necessary 28
for a victim of the offence to participate and 29
the victim does not wish to participate or 30
can not be located after reasonable inquiries; 31
or 32
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Part 4 Amendment of Youth Justice Act 1992
[s 16]
(d) during the restorative justice process the 1
child denies committing the offence to the 2
chief executive, a convenor or victim of the 3
offence; or 4
(e) the chief executive is satisfied that an 5
appropriate restorative justice agreement is 6
unlikely to be made within a time the chief 7
executive considers appropriate; or 8
(f) the chief executive considers that the 9
referral is unsuitable for a restorative justice 10
process; or 11
(g) a conference is convened for the referral and 12
the convenor ends the conference without an 13
agreement being made. 14
(2) The notice must state the reasons for returning the 15
referral, and the reasons may be considered by a 16
court in any later proceeding for sentencing the 17
child for the offence. 18
(3) The referring authority must make reasonable 19
efforts to inform the child that the referral has 20
been returned. 21
Division 2 Conferences 22
33 Object of division 23
This division provides for the use of a conference 24
to allow a child, who commits an offence, and 25
other concerned persons to consider or deal with 26
the offence in a way that benefits all concerned. 27
34 Who may participate in conference 28
(1) The following persons are entitled to participate 29
in the conference-- 30
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Part 4 Amendment of Youth Justice Act 1992
[s 16]
(a) the child; 1
(b) the victim; 2
(c) the convenor; 3
(d) a representative of the commissioner of the 4
police service; 5
(e) a parent of the child; 6
(f) if requested by the child, 1 or more of the 7
following-- 8
(i) the child's legal representative; 9
(ii) a member of the child's family; 10
(iii) another adult; 11
(g) if requested by the victim, 1 or more of the 12
following-- 13
(i) the victim's legal representative; 14
(ii) a member of the victim's family; 15
(iii) another adult; 16
(h) another person approved by the convenor. 17
Examples for paragraph (h)-- 18
1 a representative of the chief executive 19
2 a person present for the purpose of training, 20
research or education 21
3 for an Aboriginal or Torres Strait Islander 22
child who is from an Aboriginal or Torres 23
Strait Islander community, a respected person 24
of the community or a representative of a 25
community justice group that may be in the 26
community 27
(2) To ensure that a victim of the offence is informed 28
of his or her entitlement to participate in the 29
conference, the referring authority must give the 30
chief executive contact information for the 31
victims of the offence. 32
(3) For subsection (1)(h), if the child is an Aboriginal 33
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Part 4 Amendment of Youth Justice Act 1992
[s 16]
or Torres Strait Islander person from an 1
Aboriginal or Torres Strait Islander community, 2
the convenor must consider inviting to attend the 3
conference either or both of the following-- 4
(a) a respected person of the community; 5
(b) if there is a community justice group in the 6
community--a representative of the 7
community justice group. 8
35 Convening conference 9
(1) The conference may be convened only if-- 10
(a) the child and the convenor attend the 11
conference; and 12
(b) there is a degree of victim participation in 13
the conference through-- 14
(i) the attendance of the victim or a 15
representative of the victim; or 16
(ii) the use of pre-recorded communication 17
recorded by the victim for use in the 18
conference; or 19
(iii) a representative of an organisation that 20
advocates on behalf of victims of 21
crime. 22
(2) The convenor is responsible for convening the 23
conference and must be independent of the 24
circumstances of the offence. 25
(3) The conference must be directed towards making 26
a conference agreement. 27
(4) If the child is not legally represented at the 28
conference, the convenor must ensure the child-- 29
(a) is informed of the right to obtain legal 30
advice; and 31
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(b) has reasonable information about how to 1
obtain legal advice and a reasonable 2
opportunity to do so. 3
(5) The conference ends when a conference 4
agreement is made or the convenor brings the 5
conference to an end because-- 6
(a) the child fails to attend the conference as 7
required; or 8
(b) the child denies committing the offence at 9
the conference; or 10
(c) the convenor concludes a participant's 11
conduct or failure will result in a conference 12
agreement being unlikely to be made; or 13
(d) the convenor concludes a conference 14
agreement is unlikely to be made within a 15
time the convenor considers appropriate. 16
(6) If the conference ends without a conference 17
agreement but the convenor considers it is 18
worthwhile persisting with efforts to make a 19
conference agreement, the convenor may convene 20
another conference. 21
36 Conference agreement 22
(1) A conference agreement is an agreement reached 23
at the conference-- 24
(a) in which a child admits committing the 25
offence; and 26
(b) in which the child undertakes to address the 27
harm caused by the child committing the 28
offence. 29
(2) The conference agreement must be in the 30
approved form and be agreed to and signed by-- 31
(a) the child; and 32
(b) the convenor; and 33
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(c) if a representative of the commissioner of 1
the police service participates in the 2
conference--the representative; and 3
(d) if a victim of the offence participates in the 4
conference--the victim. 5
Note-- 6
If a court makes a presentence referral, the court must, 7
amongst other things, have regard to the child's 8
obligations, and anything done by the child, under the 9
conference agreement in sentencing the child for the 10
offence. See section 165(6). 11
(3) The conference agreement may not provide for 12
the child to be treated more severely for the 13
offence than if the child were sentenced by a court 14
or in a way that contravenes the sentencing 15
principles in section 150. 16
(4) A copy of the conference agreement must 17
immediately be given to each person who signed 18
the agreement. 19
(5) To remove any doubt, it is declared that the 20
conference agreement may contain a requirement 21
that the child must comply with outside the State. 22
Example-- 23
A conference agreement may require the child to 24
perform voluntary work for a charity that is located 25
outside the State. 26
37 Amendment of conference agreement by chief 27
executive 28
(1) This section applies if the chief executive 29
considers that the conference agreement is or 30
becomes unworkable, including, for example, 31
because compliance with the agreement has 32
become impossible or unsafe. 33
(2) The chief executive may, if the child agrees, 34
amend the conference agreement to the extent 35
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necessary to make the agreement workable. 1
(3) In deciding how to amend the conference 2
agreement, the chief executive must take 3
reasonable steps to find out, and give effect to, the 4
views of each participant who signed the 5
agreement. 6
(4) The amended conference agreement replaces the 7
original agreement and takes effect from its 8
amendment by the chief executive. 9
(5) After amending the conference agreement, the 10
chief executive must make reasonable efforts to 11
give a copy of the amended agreement to each 12
participant who signed the agreement. 13
Division 3 Alternative diversion 14
programs 15
38 Alternative diversion program 16
(1) An alternative diversion program is a program, 17
agreed to by the chief executive and the child, that 18
involves the child participating in any of the 19
following to address the child's behaviour-- 20
(a) remedial actions; 21
(b) activities intended to strengthen the child's 22
relationship with the child's family and 23
community; 24
(c) educational programs. 25
(2) The program must be designed to-- 26
(a) help the child to understand the harm caused 27
by his or her behaviour; and 28
(b) allow the child an opportunity to take 29
responsibility for the offence committed by 30
the child. 31
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(3) The program may not provide for the child to be 1
treated more severely for the offence than if the 2
child were sentenced by a court or in a way that 3
contravenes the sentencing principles in section 4
150. 5
(4) The program must be in writing and be signed by 6
the child. 7
(5) The chief executive must give the referring 8
authority a copy of the alternative diversion 9
program. 10
Division 4 General 11
39 Convenors 12
(1) A convenor is responsible for convening a 13
conference. 14
(2) The chief executive may approve appropriately 15
qualified persons as convenors. 16
(3) A convenor has all the powers-- 17
(a) necessary to perform the responsibilities of 18
a convenor; or 19
(b) conferred on the convenor under this Act or 20
another Act. 21
40 Admissibility of particular evidence 22
(1) An admission about committing the relevant 23
offence, made by the child while participating in 24
a restorative justice process, is inadmissible in 25
any proceeding. 26
(2) Subsection (1) extends to-- 27
(a) any written material or other 28
correspondence made for the purpose of the 29
restorative justice process; or 30
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Example-- 1
a written apology given as a requirement of a 2
conference agreement 3
(b) actions of the child, done for the purpose of 4
the restorative justice process, that make 5
evident that the child committed the relevant 6
offence. 7
(3) However, evidence that would otherwise be 8
inadmissible in a proceeding because of 9
subsection (1) is admissible-- 10
(a) if the child agrees to the admission of the 11
evidence; or 12
(b) in a proceeding under part 7, division 2. 13
(4) In this section-- 14
relevant offence, in relation to a restorative 15
justice process, means the offence to which the 16
process relates. 17
Clause 17 Amendment of s 74 (Chief executive's right of audience 18
generally) 19
Section 74(3)(e) and (f)-- 20
omit, insert-- 21
(e) without limiting paragraphs (a) to (d), 22
matters on which the court considers the 23
chief executive should be heard. 24
Clause 18 Amendment of s 138 (Dealing with offender held in 25
corrective services facility) 26
(1) Section 138(6) to (8)-- 27
omit, insert-- 28
(6) For holding the offender at a corrective services 29
facility-- 30
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(a) the offender is liable to serve a term of 1
imprisonment equal to the period of 2
detention to which the offender is sentenced 3
for the child offence; and 4
(b) the offender is taken to be a prisoner subject 5
to the Corrective Services Act 2006; and 6
(c) any rights, liberties or immunities of the 7
offender as a detainee are not preserved, 8
transferred or otherwise applicable for the 9
offender as a prisoner; and 10
(d) the day the offender would otherwise have 11
been released under section 227, for the 12
period of detention, is the day the offender 13
is to be released on parole under the 14
Corrective Services Act 2006. 15
(7) However, the release is subject to the Corrective 16
Services Act 2006 as if granted under a court 17
ordered parole order (the statutory parole order) 18
and the provisions of that Act applying to parole 19
orders also apply to the statutory parole order. 20
(2) Section 138(9)-- 21
renumber as section 138(8). 22
Clause 19 Amendment of s 139 (Application to be held in detention 23
centre) 24
Section 139(1)(b)(ii), 'an order'-- 25
omit, insert-- 26
a transfer 27
Clause 20 Amendment of s 147 (Use of evidence of cautions and 28
conferences in deciding issue of criminal responsibility) 29
(1) Section 147, heading, 'conferences'-- 30
omit, insert-- 31
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restorative justice agreements 1
(2) Section 147, 'conference agreement'-- 2
omit, insert-- 3
restorative justice agreement 4
Clause 21 Amendment of s 154 (Finding of guilt as child may be 5
disclosed while a child) 6
Section 154-- 7
insert-- 8
(3) However, subsection (1) does not apply to a 9
finding of guilt against a child by a court for an 10
offence if-- 11
(a) the offence was referred to the chief 12
executive for a restorative justice process 13
under section 163(1)(d)(i); and 14
(b) a restorative justice agreement was made as 15
a consequence of the referral. 16
Clause 22 Amendment of s 160 (Copy of court order or decision to 17
be given to child, parent etc.) 18
(1) Section 160(1)(c)-- 19
renumber as section 160(1)(e). 20
(2) Section 160(1)-- 21
insert-- 22
(c) a decision to dismiss a charge under section 23
24A(1) for the referral of an offence to the 24
chief executive for a restorative justice 25
process; 26
(d) the referral of an offence to the chief 27
executive for a restorative justice process 28
under section 163(1)(d)(i); 29
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Clause 23 Insertion of new pt 7, div 2 1
Part 7-- 2
insert-- 3
Division 2 Restorative justice 4
process referrals before 5
sentencing 6
161 Definitions for division 7
In this division-- 8
child, in relation to a referral, means the child to 9
which the referral relates. 10
court diversion referral see section 163(1)(d)(i). 11
offence, in relation to a referral, means the 12
offence to which the referral relates. 13
162 When court must consider making court 14
diversion referral or presentence referral 15
(1) If a child enters a plea of guilty for an offence in a 16
proceeding before a court, the court must consider 17
referring the offence to the chief executive for a 18
restorative justice process instead of sentencing 19
the child. 20
(2) If a finding of guilt for an offence is made against 21
a child before a court, the court must consider 22
referring the offence to the chief executive for a 23
restorative justice process to help the court make 24
an appropriate sentence order. 25
163 Power of court to make restorative justice 26
process referral 27
(1) The court may, by notice given to the chief 28
executive, refer an offence to the chief executive 29
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for a restorative justice process if-- 1
(a) the court considers the child is informed of, 2
and understands, the process; and 3
(b) the child indicates willingness to comply 4
with the referral; and 5
(c) the court is satisfied that the child is a 6
suitable person to participate in a restorative 7
justice process; and 8
(d) having regard to the deciding factors for 9
referring the offence, the court considers the 10
referral would-- 11
(i) allow the offence to be appropriately 12
dealt with without making a sentence 13
order (a court diversion referral); or 14
(ii) help the court make an appropriate 15
community based order or detention 16
order (a presentence referral); and 17
(e) having regard to a submission by the chief 18
executive about the appropriateness of the 19
offence for a referral, the court considers the 20
referral is appropriate in the circumstances. 21
(2) In this section-- 22
deciding factors, for referring an offence, 23
means-- 24
(a) the nature of the offence; and 25
(b) the harm suffered by anyone because of the 26
offence; and 27
(c) whether the interests of the community and 28
the child would be served by having the 29
offence dealt with under a restorative justice 30
process. 31
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164 Court diversion referrals 1
(1) This section applies if the court makes a court 2
diversion referral. 3
(2) The making of the referral brings the court 4
proceeding for the offence to an end and the child 5
is not liable to be further prosecuted for the 6
offence unless-- 7
(a) the chief executive returns the referral under 8
section 32(1); or 9
(b) the chief executive advises the court's 10
proper officer that the child failed to comply 11
with a restorative justice agreement made as 12
a consequence of the referral. 13
(3) If subsection (2)(a) applies-- 14
(a) the court's proper officer must bring the 15
charge for the offence back on before the 16
court for sentencing; and 17
(b) in sentencing the child, the court must not 18
have regard to the referral being returned. 19
(4) If subsection (2)(b) applies, the court's proper 20
officer must bring the charge for the offence back 21
on before the court for sentencing and the court 22
must either-- 23
(a) take no further action; or 24
(b) allow the child a further opportunity to 25
comply with the agreement; or 26
(c) sentence the child for the offence. 27
(5) If the charge for the offence is brought back on 28
before the court for sentencing, the court's proper 29
officer must give the child and the chief executive 30
notice that the proceeding for the offence is to be 31
heard by the court on a stated day. 32
(6) The notice must include a warning that, if the 33
child fails to appear before the court in 34
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compliance with the notice, the court may issue a 1
warrant for the child's arrest. 2
(7) The notice restarts the proceeding from when it 3
ended and the child is liable to be sentenced for 4
the offence. 5
(8) If the child fails to appear before the court in 6
compliance with the notice, the court may issue a 7
warrant for the child's arrest. 8
(9) If subsection (4)(a) applies, the court proceeding 9
for the offence is brought to an end and the child 10
is not liable to be further prosecuted for the 11
offence. 12
165 Presentence referrals 13
(1) This section applies if the court makes a 14
presentence referral. 15
(2) On making the referral, the court may-- 16
(a) give the directions it considers appropriate 17
to the child or the chief executive; and 18
(b) adjourn the proceeding for the offence. 19
(3) If the chief executive returns the referral under 20
section 32(1), the court must proceed with 21
sentencing the child for the offence. 22
(4) If a restorative justice agreement is made as a 23
consequence of the referral, the chief executive 24
must-- 25
(a) give the court a copy of the agreement; and 26
(b) inform the court of any obligations of the 27
child under the agreement that have already 28
been performed. 29
(5) If a restorative justice agreement is given to the 30
court under subsection (4), the court must give a 31
copy of the agreement as soon as practicable to-- 32
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(a) the prosecution; and 1
(b) if the child is represented by a lawyer--the 2
lawyer. 3
(6) In sentencing the child for the offence, the court 4
must have regard to-- 5
(a) the child's participation in the relevant 6
restorative justice process; and 7
(b) the child's obligations under the restorative 8
justice agreement; and 9
(c) anything done by the child under the 10
restorative justice agreement; and 11
(d) any information provided by the chief 12
executive about sentencing the child. 13
Clause 24 Amendment of s 175 (Sentence orders--general) 14
(1) Section 175(1)-- 15
insert-- 16
(da) if a restorative justice agreement is made as 17
a consequence of a presentence referral 18
relating to the child--order the child to 19
perform his or her obligations under the 20
agreement; or 21
(db) order that the child participate in a 22
restorative justice process as directed by the 23
chief executive; or 24
(2) Section 175-- 25
insert-- 26
(2A) For subsection (1)(db), the offence the child is 27
found guilty of is taken to be referred by the court 28
to the chief executive for a restorative justice 29
process. 30
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Clause 25 Insertion of new s 178C 1
After section 178B-- 2
insert-- 3
178C Combination of restorative justice orders and 4
other sentence orders 5
(1) This section applies if a court makes, for a single 6
offence, a restorative justice order and any other 7
sentence order. 8
(2) The court-- 9
(a) must make separate orders; and 10
(b) must not impose one of the orders as a 11
requirement of the other. 12
(3) If the child contravenes the restorative justice 13
order after the orders are made and is resentenced 14
for the offence, the court may discharge any or all 15
of the other sentence orders. 16
(4) If the child contravenes one of the other sentence 17
orders after the orders are made and is 18
resentenced for the offence, the court may 19
discharge the restorative justice order. 20
Clause 26 Insertion of new pt 7, div 6A 21
Part 7-- 22
insert-- 23
Division 6A Restorative justice orders 24
192A Preconditions to making restorative justice 25
order 26
(1) A court may make a restorative justice order 27
against a child only if-- 28
(a) the court considers the child is informed of, 29
and understands, the process; and 30
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(b) the child indicates willingness to comply 1
with the order; and 2
(c) the court is satisfied that the child is a 3
suitable person to participate in a restorative 4
justice process; and 5
(d) having regard to the following, the court 6
considers the order is appropriate in the 7
circumstances-- 8
(i) a submission by the chief executive 9
about the appropriateness of the order; 10
(ii) the deciding factors for referring the 11
offence. 12
(2) In this section-- 13
deciding factors, for referring an offence, 14
means-- 15
(a) the nature of the offence; and 16
(b) the harm suffered by anyone because of the 17
offence; and 18
(c) whether the interests of the community and 19
the child would be served by having the 20
offence dealt with under a restorative justice 21
process. 22
192B Requirements to be set out in restorative 23
justice order 24
A restorative justice order made against a child 25
must require-- 26
(a) that the child must report in person to the 27
chief executive within 1 business day after 28
the order is made or any longer period that 29
may be specified in the order; and 30
(b) that, during the order-- 31
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(i) the child abstain from violation of the 1
law; and 2
(ii) the child comply with every reasonable 3
direction of the chief executive; and 4
(iii) the child report and receive visits as 5
directed by the chief executive; and 6
(iv) the child or a parent of the child must 7
notify the chief executive within 2 8
business days of any change of the 9
child's address, employment or school; 10
and 11
(v) the child must not leave, or stay out of, 12
Queensland while the order is in force, 13
without the prior approval of the chief 14
executive; and 15
(vi) the child participate in a restorative 16
justice process as directed by the chief 17
executive; and 18
(vii) the child perform his or her obligations 19
under a restorative justice agreement 20
made as a consequence of the child's 21
participation in the restorative justice 22
process. 23
192C Making restorative justice order and 24
community service order or graffiti removal 25
order 26
(1) This section applies if, for the same offence, a 27
court makes a restorative justice order and-- 28
(a) a community service order; or 29
(b) a graffiti removal order. 30
(2) In making the community service order, the court 31
must, when deciding the number of hours of 32
unpaid community service, have regard to the 33
child's obligations under the restorative justice 34
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agreement related to the restorative justice order. 1
(3) In making the graffiti removal order, the court 2
must, when deciding the number of hours of 3
graffiti removal service, have regard to the child's 4
obligations under the restorative justice 5
agreement related to the restorative justice order. 6
(4) Subsections (2) and (3) only apply to a restorative 7
justice agreement that is in force at the time of 8
making the community service order or graffiti 9
removal order. 10
192D Ending of restorative justice order 11
(1) A restorative justice order remains in force until 12
the earlier of the following-- 13
(a) the chief executive is satisfied the child has 14
discharged the child's obligations under the 15
related restorative justice agreement; 16
(b) the order is discharged under section 245 or 17
247; 18
(c) 12 months from the date the order is made. 19
(2) The period that a restorative justice order remains 20
in force under subsection (1) is subject to sections 21
245, 247 and 252. 22
Clause 27 Amendment of s 245 (Court's power on breach of a 23
community based order other than a boot camp (vehicle 24
offences) order, conditional release order or boot camp 25
order) 26
(1) Section 245(1)-- 27
insert-- 28
(ab) for a restorative justice order--extend the 29
period within which the child's obligations 30
under the order must be performed, but not 31
so that the extended period ends more than 1 32
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year after the court acts under this section; 1
or 2
(2) Section 245(3), after '(aa),'-- 3
insert-- 4
(ab), 5
Clause 28 Amendment of s 247 (Variation, discharge and 6
resentence in the interests of justice) 7
Section 247(1)-- 8
insert-- 9
(ba) for a restorative justice order--extend the 10
period within which the child's obligations 11
under the order must be performed, but not 12
so that the extended period ends more than 1 13
year after the court acts under this section; 14
or 15
Clause 29 Amendment of s 252 (Variations by consent) 16
Section 252(5)(b)-- 17
omit, insert-- 18
(b) for a community based order, other than a 19
community service order or restorative 20
justice order--an amendment of the period 21
of the order; 22
Clause 30 Replacement of pt 8, div 2A (Period of detention to be 23
served as period of imprisonment) 24
Part 8, division 2A-- 25
omit, insert-- 26
Division 2A Age related transfers to 27
corrective services facility 28
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Subdivision 1 Prison transfer directions 1
276A Definitions for subdivision 2
In this subdivision-- 3
detainee includes a person liable to serve a period 4
of detention under this Act. 5
prison transfer direction see section 276C(1). 6
276B Particular detainees liable to be transferred 7
to corrective services facility 8
(1) The following persons are liable to be transferred 9
to a corrective services facility-- 10
(a) a person in detention who-- 11
(i) turns 18 years while serving a period of 12
detention; and 13
(ii) is liable to serve a remaining period of 14
detention of 6 months or more; 15
(b) a person beginning detention who-- 16
(i) is 18 years or older when beginning 17
detention; and 18
(ii) is liable to serve a remaining period of 19
detention of 6 months or more. 20
(2) For this section, the remaining period of 21
detention for a person-- 22
(a) is taken to start-- 23
(i) if turning 18 years during 24
detention--on the day the person turns 25
18 years; or 26
(ii) if 18 years or older when beginning 27
detention--on the day the person 28
begins detention; and 29
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(b) is taken to end-- 1
(i) at the conclusion of all periods of 2
detention that the person is liable to 3
serve cumulatively; but 4
(ii) no later than the day the person is 5
required to be released from detention 6
under section 227. 7
(3) In this section-- 8
beginning detention includes returning to 9
detention to continue or complete a period of 10
detention because of a contravention of a 11
conditional release order or supervised release 12
order. 13
276C Transfer of particular detainees to corrective 14
services facility 15
(1) As soon as practicable after the chief executive 16
becomes aware a person is liable to be transferred 17
to a corrective services facility under section 18
276B, the chief executive must give a written 19
direction (a prison transfer direction) to the chief 20
executive (corrective services) stating-- 21
(a) that the person is to be transferred to a 22
corrective services facility on a stated day 23
(the transfer day); and 24
(b) the period of detention the person remains 25
liable to serve at the transfer day. 26
(2) The transfer day must not be earlier than the day 27
the person becomes liable to be transferred to the 28
corrective services facility. 29
(3) Within 28 days after giving the prison transfer 30
direction to the chief executive (corrective 31
services), the chief executive must-- 32
(a) give the person a copy of the direction; and 33
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(b) inform the person that, from the transfer 1
day, the person will be held at a corrective 2
services facility and be subject to the 3
Corrective Services Act 2006; and 4
(c) inform the person of his or her right under 5
this subdivision to apply for a delay of the 6
transfer. 7
(4) The chief executive may issue another prison 8
transfer direction in relation to the person if the 9
chief executive considers-- 10
(a) the circumstances relevant to the person 11
previously obtaining a delay no longer exist; 12
or 13
(b) the person poses a risk to the safety or 14
wellbeing of a detainee at the detention 15
centre at which the person is detained. 16
(5) Failure to comply with subsection (1) does not 17
invalidate a prison transfer direction. 18
276D Application for temporary delay of transfer 19
(1) If, when a court makes a detention order against a 20
person for an offence, the person becomes liable 21
to be transferred to a corrective services facility 22
under section 276B, the person may immediately 23
apply to the court for a temporary delay of the 24
person's transfer to the corrective services 25
facility. 26
(2) A detainee given a copy of a prison transfer 27
direction under section 276C(3) may, before the 28
transfer, apply to the Childrens Court for a 29
temporary delay of the detainee's transfer to the 30
corrective services facility. 31
(3) On receipt by the court of a detainee's application 32
made under subsection (2), the detainee's transfer 33
is stayed until the application is decided, 34
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withdrawn or otherwise ends. 1
(4) The court may grant an application made under 2
subsection (1) or (2) only if it is satisfied the 3
delay-- 4
(a) would be in the interests of justice; and 5
(b) would not prejudice the security or good 6
order of the detention centre at which the 7
applicant is, or is to be, detained; and 8
(c) would not prejudice the safety or wellbeing 9
of any detainee at the detention centre at 10
which the applicant is, or is to be, detained; 11
and 12
(d) would not cause the person to be detained at 13
a detention centre after the person turns 18 14
years and 6 months. 15
(5) Without limiting the matters the court may have 16
regard to, the court must have regard to the 17
following matters in making a decision on an 18
application made under subsection (1) or (2)-- 19
(a) any vulnerability of the applicant; 20
(b) any interventionist, rehabilitation or similar 21
activities being undertaken by the applicant 22
and the availability of those activities if 23
transferred. 24
(6) However, if the chief executive agrees to the 25
application-- 26
(a) subsections (4) and (5) do not apply; and 27
(b) the court's proper officer may grant the 28
application. 29
(7) If the court grants an application made under 30
subsection (1) or (2)-- 31
(a) the court must decide a new day for the 32
prison transfer direction to take effect being 33
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Part 4 Amendment of Youth Justice Act 1992
[s 30]
no more than 6 months after the day the 1
applicant turns 18 years; and 2
(b) the chief executive must inform the chief 3
executive (corrective services) of the new 4
day for the prison transfer direction. 5
(8) In this section-- 6
temporary delay means a delay of 6 months or 7
less. 8
276E Transferee subject to Corrective Services Act 9
2006 from transfer 10
(1) This section applies if a person is transferred to a 11
corrective services facility under this subdivision. 12
(2) From the transfer-- 13
(a) the person is liable to serve a term of 14
imprisonment equal to the period of 15
detention the person remains liable to serve 16
at the transfer; and 17
(b) the person is taken to be a prisoner subject 18
to the Corrective Services Act 2006; and 19
(c) any rights, liberties or immunities of the 20
person as a detainee end and are not 21
preserved, transferred or otherwise 22
applicable for the person as a prisoner; and 23
(d) the day the person would otherwise have 24
been released under section 227, for the 25
period of detention, is the day the person is 26
to be released on parole under the 27
Corrective Services Act 2006. 28
(3) However, the release is subject to the Corrective 29
Services Act 2006 as if granted under a court 30
ordered parole order (the statutory parole order) 31
and the provisions of that Act applying to parole 32
orders also apply to the statutory parole order. 33
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[s 30]
Subdivision 2 Age limits for detention 1
276F Persons over 18 years and 6 months should 2
not serve period of detention at detention 3
centre 4
(1) This Act is subject to the overriding principle that 5
it is in the best interests of the welfare of all 6
detainees at a detention centre that persons who 7
are 18 years and 6 months or older are not 8
detained at the centre. 9
(2) To give effect to the principle-- 10
(a) a person who is 18 years and 6 months or 11
older must not-- 12
(i) enter a detention centre to begin 13
serving a period of detention; or 14
(ii) return to a detention centre to continue 15
or complete a period of detention, 16
including, for example, returning 17
because of a contravention of a 18
conditional release order or supervised 19
release order; and 20
(b) an application for a temporary delay of a 21
transfer is of no effect if the applicant is 18 22
years and 6 months or older; and 23
(c) an application for a temporary delay of a 24
transfer lapses when the applicant turns 18 25
years and 6 months; and 26
(d) a temporary delay of a transfer under section 27
276D is of no effect to the extent it delays 28
the transfer of a person for any period after 29
the person turns 18 years and 6 months. 30
(3) If the application of subsection (2)(a) prevents a 31
person from being detained at a detention centre, 32
the person must instead be held at a corrective 33
services facility. 34
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[s 31]
(4) For holding the person at a corrective services 1
facility-- 2
(a) the person is liable to serve a term of 3
imprisonment equal to the period of 4
detention the person remains liable to serve 5
when the person would otherwise enter or 6
return to a detention centre; and 7
(b) the person is taken to be a prisoner subject 8
to the Corrective Services Act 2006; and 9
(c) any rights, liberties or immunities of the 10
person as a detainee are not preserved, 11
transferred or otherwise applicable for the 12
person as a prisoner; and 13
(d) the day the person would otherwise have 14
been released under section 227, for the 15
period of detention, is the day the person is 16
to be released on parole under the 17
Corrective Services Act 2006. 18
(5) However, the release is subject to the Corrective 19
Services Act 2006 as if granted under a court 20
ordered parole order (the statutory parole order) 21
and the provisions of that Act applying to parole 22
orders also apply to the statutory parole order. 23
(6) This section applies despite anything else in this 24
Act. 25
(7) In this section-- 26
application for a temporary delay of a transfer 27
means an application made under section 276D(1) 28
or (2). 29
Clause 31 Amendment of s 283 (Confidential information to which 30
this part applies) 31
Section 283(2)(c), 'conference'-- 32
omit, insert-- 33
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[s 32]
restorative justice process 1
Clause 32 Amendment of s 295 (Disclosure by police of information 2
about cautions and youth justice conferences and 3
agreements) 4
(1) Section 295, heading, 'youth justice conferences and'-- 5
omit, insert-- 6
restorative justice process referrals and 7
restorative justice 8
(2) Section 295(1)(b), 'conference'-- 9
omit, insert-- 10
restorative justice process 11
(3) Section 295(1)(c), 'conference'-- 12
omit, insert-- 13
restorative justice 14
Clause 33 Amendment of s 296 (Disclosure by chief executive or 15
convenor of information about conference agreements) 16
(1) Section 296, heading, 'conference agreements'-- 17
omit, insert-- 18
restorative justice processes 19
(2) Section 296(1), after 'conference'-- 20
insert-- 21
or the managing of an alternative diversion 22
program 23
(3) Section 296(2)(a)-- 24
omit, insert-- 25
(a) for informing a referring authority about a 26
referral made by it; or 27
(4) Section 296(2)(b), 'parties'-- 28
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Part 4 Amendment of Youth Justice Act 1992
[s 34]
omit, insert-- 1
participants 2
Clause 34 Insertion of new s 302A 3
After section 302-- 4
insert-- 5
302A Chief executive may seek contact 6
information for victims of offences 7
(1) The chief executive may, by written notice given 8
to the scheme manager, require the scheme 9
manager to give the chief executive contact 10
information for victims of an offence committed 11
by a child. 12
(2) However, a requirement under subsection (1) only 13
applies for a victim if the victim consents to his or 14
her contact information being given to the chief 15
executive. 16
(3) In this section-- 17
scheme manager means the scheme manager 18
under the Victims of Crime Assistance Act 2009, 19
schedule 3. 20
Clause 35 Insertion of new pt 11, div 12 21
Part 11-- 22
insert-- 23
Division 12 Transitional provision for 24
the Youth Justice and 25
Other Legislation 26
Amendment Act 2016 27
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Part 4 Amendment of Youth Justice Act 1992
[s 35]
368 Application of Act to matters before 1
commencement 2
(1) The provisions of this Act, as in force after the 3
commencement of the amendments, apply to 4
incomplete proceedings under this Act. 5
(2) To remove any doubt, it is declared that the 6
requirements for transferring a detainee to a 7
corrective services facility under this Act apply 8
to-- 9
(a) a detainee who turns 18 years on or after the 10
commencement of the amendments, 11
regardless of when the detainee's period of 12
detention started; and 13
(b) a person sentenced for an offence, or 14
returned to detention in relation to an 15
offence, after the commencement of the 16
amendments, regardless of when the person 17
committed the offence, was charged with 18
the offence or criminal proceedings for the 19
offence were started. 20
(3) A prison transfer direction issued before the 21
commencement ceases to have effect if the 22
person, the subject of the notice, was not 23
transferred to a corrective services facility before 24
the commencement of the amendments. 25
(4) Despite the replacement of part 3 by the 26
amendments, that part, as in force immediately 27
before the replacement, continues to apply for any 28
of the following started before the replacement-- 29
(a) a referral by a police officer of an offence to 30
the chief executive for a conference; 31
(b) a youth justice conference; 32
(c) a conference agreement. 33
(5) In this section-- 34
amendments means the amendments of this Act 35
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Part 4 Amendment of Youth Justice Act 1992
[s 36]
made by the Youth Justice and Other Legislation 1
Amendment Act 2016. 2
incomplete proceedings means proceedings 3
against a child for an offence conducted under this 4
Act and started, but not completed, before the 5
commencement of the amendments. 6
prison transfer direction means a prison transfer 7
direction under section 276C(1) as in force 8
immediately before the commencement of the 9
amendments. 10
Clause 36 Amendment of sch 4 (Dictionary) 11
(1) Schedule 4, definitions community based order, conference, 12
conference agreement, convenor, period of detention, period 13
of imprisonment, prison transfer direction, referring police 14
officer, relevant individual, transfer day, transferred detention 15
order and unserved period of detention-- 16
omit. 17
(2) Schedule 4-- 18
insert-- 19
adult offence, for part 6, division 11, see section 20
132. 21
alternative diversion program see section 38. 22
child, for part 7, division 2, see section 161. 23
child offence, for part 6, division 11, see section 24
132. 25
community based order means a probation order, 26
graffiti removal order, community service order, 27
intensive supervision order, boot camp (vehicle 28
offences) order, conditional release order, boot 29
camp order or restorative justice order. 30
conference means a conference under part 3, 31
division 2. 32
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Part 4 Amendment of Youth Justice Act 1992
[s 36]
conference agreement see section 36. 1
contact information, for a victim of an offence, 2
means sufficient information about the victim to 3
enable the chief executive to communicate with 4
the victim. 5
convenor means a person approved as a convenor 6
under section 39. 7
corrective services facility see the Corrective 8
Services Act 2006, schedule 4. 9
court diversion referral, for part 7, division 2, see 10
section 163(1)(d)(i). 11
detainee means a person-- 12
(a) being held on remand, in the chief 13
executive's custody, in connection with a 14
charge of an offence; or 15
(b) serving a period of detention, in a detention 16
centre, for an offence; or 17
(c) otherwise being held in custody in a 18
detention centre. 19
offence, for part 7, division 2, see section 161. 20
offender, for part 6, division 11, see section 132. 21
participant means a person entitled to participate 22
in a conference under section 34. 23
presentence referral see section 163(1)(d)(ii). 24
prisoner see the Corrective Services Act 2006, 25
schedule 4. 26
prison transfer direction, for part 8, division 2A, 27
subdivision 1, see section 276C(1). 28
referring authority see section 31(1). 29
restorative justice agreement means-- 30
(a) a conference agreement; or 31
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[s 37]
(b) an alternative diversion program agreed to 1
by the chief executive and the child who is 2
to complete the program. 3
restorative justice order means an order made 4
under section 175(1)(da) or (db). 5
restorative justice process means a conference or 6
an alternative diversion program. 7
sentence, for part 6, division 11, see section 132. 8
term of imprisonment see the Penalties and 9
Sentences Act 1992, section 4. 10
Part 5 Minor and consequential 11
amendments 12
Clause 37 Acts amended in sch 1 13
Schedule 1 amends the Acts it mentions. 14
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Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 37 3
Justice and Other Information Disclosure Act 2008 4
1 Schedule, definition person in the criminal justice 5
system, paragraph (e)-- 6
omit, insert-- 7
(e) a person who committed an offence that is 8
referred to the chief executive (youth 9
justice) for a restorative justice process 10
under the Youth Justice Act 1992; or 11
Police Powers and Responsibilities Act 2000 12
1 Section 380(3)(c), 'a youth justice conference'-- 13
omit, insert-- 14
the chief executive (communities) for a restorative justice 15
process 16
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Schedule 1
Police Service Administration Act 1990 1
1 Section 10.2G, definition criminal history, paragraph 2
(b)(iii)-- 3
omit, insert-- 4
(iii) referrals of offences to the chief executive of 5
the department in which the Youth Justice 6
Act 1992 is administered for restorative 7
justice processes under that Act. 8
2 Section 10.2O(2), examples, second dot point-- 9
omit, insert-- 10
• Youth Justice Act 1992, section 295 (Disclosure by police of 11
information about cautions and restorative justice processes and 12
restorative justice agreements) 13
Public Guardian Act 2014 14
1 Section 57(2)(h)(ii), 'a conference'-- 15
omit, insert-- 16
the chief executive of the department in which that Act is 17
administered for a restorative justice process under that Act 18
Right to Information Act 2009 19
1 Schedule 3, section 12(1), 'Juvenile Justice Act 1992'-- 20
omit, insert-- 21
Youth Justice Act 1992 22
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Schedule 1
2 Schedule 3, section 12(1), editor's note-- 1
omit. 2
Young Offenders (Interstate Transfer) Act 1987 3
1 Section 3, definition young offender, paragraph (b), after 4
'section 175(1)(d),'-- 5
insert-- 6
(da), (db), 7
© State of Queensland 2016
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