Division 323 Persons on remand not to be granted leave
(1) A person on remand may not be granted leave to be absent from a detention centre but may be permitted to be absent under section 23A.(2) However, the Director-General may, by order in writing, grant leave to be absent from a detention centre for a purpose specified in section 24 (1A) to any person on remand in respect of whom an appeal (including an appeal to the High Court) relating to an offence is pending.(3) Section 24 (1B), (4), (5) and (6) apply to such an order as if it were made under section 24 (1) (a).
(1) Subject to the regulations, the Director-General may, by order in writing, permit a detainee to be absent from a detention centre:(a) for the purpose of attending the funeral of a close relative, or(b) for the purpose of visiting a close relative who is seriously ill, or(c) for any other purpose that the Director-General thinks proper.(2) The centre manager of the detention centre shall direct a juvenile justice officer to take charge of the detainee while the detainee is so absent from the detention centre.(3) While the detainee is so absent from a detention centre the detainee shall be regarded as being in lawful custody.(4) The regulations may make provision for or with respect to:(a) the circumstances in which an order may be made under this section, and(b) the conditions to be imposed on such an order, and(c) any other matter relevant to the making of such an order, including the purposes for which an order may be made.
24 Persons subject to control may be granted leave, discharged etc
(1) Subject to the regulations the Director-General may, by order in writing:(a) grant a person subject to control leave to be absent from a detention centre for a purpose specified in subsection (1A),(b) remove a person subject to control from a detention centre and place the person in the care of such person as may be specified in the order, or(c) discharge a person subject to control from detention if the Director-General has made arrangements for the person to serve the period of detention by way of an intensive correction order or made suitable arrangements for the supervision of the person during the period of detention.(1A) The purposes for which leave may be granted under subsection (1) (a) are as follows:(a) attending the funeral of a close relative,(b) visiting a close relative who is seriously ill,(c) applying for employment or being interviewed in relation to an application for employment,(d) engaging in employment of a kind specified in the order,(e) applying for enrolment in a course of education or vocational training or being interviewed in relation to an application for enrolment in such a course,(f) attending a course of education or vocational training at a place specified in the order,(g) any other purpose that the Director-General thinks proper, being a purpose which the Director-General considers to be directly associated with the welfare or rehabilitation of the person concerned.(1B) The regulations may make provision for or with respect to:(a) the circumstances in which an order may be made under this section, and(b) the conditions to be imposed on such an order, and(c) any other matter relevant to the making of such an order, including the purposes for which an order may be made.(2) An order under subsection (1) (b) or (c) may not be made in relation to a person who is a person subject to control pursuant to an order in force under section 10 of this Act or section 19 (1) of the Children (Criminal Proceedings) Act 1987.(3) An order under subsection (1) (c) may be made in relation to a person even if the person is already the subject of an order under subsection (1) (a) or (b).(4) An order under subsection (1) may be made subject to such conditions as the Director-General may specify in the order.(5) Such a condition shall remain in force:(a) until the person to whom the order relates ceases to be a person subject to control, or(b) for such shorter period as the Director-General may specify in the order.(6) The Director-General may, by further order in writing, revoke an order under this section.(7) (Repealed)
24A Conditions of leave as to non-association and place restriction
(1) The conditions of leave that may be imposed under section 24 on a person subject to control may include either or both of the following:(a) provisions prohibiting or restricting the person subject to control from associating with a specified person,(b) provisions prohibiting or restricting the person subject to control from frequenting or visiting a specified place or district.(2) A condition referred to in subsection (1) (a) or (b) is suspended:(a) while the person subject to control is in lawful custody, and(b) while the person subject to control is under the immediate supervision of a public servant employed within the Department.(3) A person subject to control does not contravene a prohibition or restriction as to his or her association with a specified person:(a) if the person subject to control does so in compliance with an order of a court, or(b) if, having associated with the specified person unintentionally, the person subject to control immediately terminates the association.(4) A person subject to control does not contravene a requirement not to frequent or visit a specified place or district if the person does so in compliance with an order of a court.(5) In this section, associate with means:(a) to be in company with, or(b) to communicate with by any means (including post, facsimile, telephone and email).
25 Removal to hospital of detainees
(1) A detainee may:(a) by order of the Director-General, or(b) in cases of emergency—by order of the centre manager of the detention centre,be removed from the detention centre to a hospital, or to some other place specified in the order, for medical treatment.(2) A detainee who is absent from a detention centre pursuant to an order under this section shall be deemed to be in lawful custody.(3) The centre manager of the detention centre from which a detainee has been removed pursuant to an order under this section may direct a juvenile justice officer to take charge of the detainee while the detainee is absent from the detention centre.(4) When:(a) the medical superintendent or other person in charge of a hospital certifies that a detainee who has been removed to the hospital may be discharged from the hospital,(b) a medical practitioner certifies that a detainee who has been removed to a place other than a hospital may be discharged from that place, or(c) an order under this section with respect to a detainee is revoked,the detainee shall forthwith return or, if a juvenile justice officer has taken charge of the detainee, be returned to the detention centre from which the detainee was removed.(5) (Repealed)
26 Use of Corrective Services staff in dealing with riots and disturbances
(1) The Director-General may enter into a memorandum of understanding with the Commissioner of Corrective Services with respect to the handling of riots and disturbances at detention centres.(2) In accordance with any such memorandum of understanding, the Director-General may request the Commissioner of Corrective Services for assistance in dealing with a riot or disturbance that has arisen, or that appears to be imminent, at a detention centre.(3) For the purpose of dealing with a riot or disturbance at a detention centre pursuant to such a request:(a) the Commissioner of Corrective Services:(i) has the control and management of the detention centre, and(ii) has and may exercise the functions of the Director-General in relation to the detention centre, and(iii) has the same functions and immunities in relation to the control of detainees at the detention centre as he or she has in relation to the control of inmates in a correctional centre, and(b) any correctional officer authorised by the Commissioner of Corrective Services for the purposes of this section:(i) has and may exercise the functions of a juvenile justice officer in relation to the detention centre, and(ii) has the same functions and immunities in relation to the control of detainees at the detention centre as he or she has in relation to the control of inmates in a correctional centre.(4) In particular, dogs may be used to assist in the maintenance of good order and security in a detention centre in the same way as dogs may be used to assist in the maintenance of good order and security in a correctional centre.(5) As soon as practicable after good order and security have been restored at the detention centre, the Commissioner of Corrective Services must return control and management of the detention centre to the Director-General.(6) While the Commissioner of Corrective Services has the control and management of a detention centre, the Director-General may not exercise any function in relation to the detention centre except to the extent to which the function is delegated to the Director-General by the Commissioner.(7) A request under subsection (2) may relate to part only of a detention centre, in which case any reference in this section to a detention centre extends only to that part of the detention centre.(8) The regulations may establish transitional arrangements with respect to any transfer under this section, from the Director-General to the Commissioner of Corrective Services or from the Commissioner of Corrective Services to the Director-General, of the control and management of a detention centre.
(1) A detainee must be supplied with such medical attendance, treatment and medicine as in the opinion of a medical officer is necessary for the preservation of the health of the detainee, of other detainees and of any other person.(2) A medical practitioner (whether a medical officer or not) may carry out medical treatment on a detainee without the detainee’s consent if the Chief Executive, Justice and Forensic Mental Health Network is of the opinion, having taken into account the cultural background and religious views of the detainee, that it is necessary to do so in order to save the detainee’s life or to prevent serious damage to the detainee’s health.(3) Medical treatment carried out on a detainee under this section is, for all purposes, taken to have been carried out with the detainee’s consent.(4) Nothing in this section relieves a medical practitioner from liability in respect of the carrying out of medical treatment on a detainee, being a liability to which the medical practitioner would have been subject had the treatment been carried out with the detainee’s consent.(5) If the Chief Executive, Justice and Forensic Mental Health Network is not a medical practitioner, the reference to the Chief Executive, Justice and Forensic Mental Health Network in subsection (2) is taken to be a reference to a person, designated by the Chief Executive for the purposes of that subsection, who is a medical practitioner.
28 Transfer of older detainees from detention centres to correctional centres
(1) The Director-General may, by order in writing made with the consent of the Commissioner of Corrective Services, direct the transfer of an older detainee from a detention centre to a correctional centre.(1A) An order may be made under subsection (1) regardless of whether or where the detainee is currently in custody.(2) In the case of a detainee who is under the age of 18 years, an order may not be made under subsection (1) unless:(a) he or she is a person on remand or a person subject to control by reason of an order in force under section 10, or(b) he or she is a person on remand in relation to a serious children’s indictable offence within the meaning of the Children (Criminal Proceedings) Act 1987, or(c) he or she is a person subject to control by reason of an order in force under section 19 of the Children (Criminal Proceedings) Act 1987, or(d) the Director-General is satisfied that the detainee’s behaviour is or has been such as warrants the making of such an order.(2A) In the case of a detainee who is of or above the age of 18 years, but under the age of 21 years, an order may not be made under subsection (1) unless:(a) the Children’s Court makes an order authorising the making of such an order, or(b) the detainee has been detained in a detention centre for at least 6 months and the Director-General has assessed that, having regard to all of the circumstances, it would be preferable for the detainee to be detained in a correctional centre, or(c) the detainee is, or has previously been, detained as an inmate in a correctional centre (other than a juvenile correctional centre) for a period of, or periods totalling, more than 4 weeks, or(d) the detainee applies to the Director-General in writing for the detainee’s transfer to a correctional centre, or(e) one or more of the circumstances referred to in subsection (2) applies in relation to the detainee.(2B) An order under subsection (1) with respect to a detainee who is under the age of 18 years may only be made for the purpose of transferring the detainee to a juvenile correctional centre.(2C) Subsection (2) does not apply to a detainee in respect of whom an order under subsection (1) has previously been made in relation to a current period of detention.(2D) Subsection (2A) does not apply to a detainee in respect of whom an order under subsection (1) has previously been made, whether in relation to a current period of detention or an earlier period of detention.(3) When a detainee is transferred from a detention centre to a correctional centre pursuant to an order under this section:(a) he or she ceases to be a detainee and becomes an inmate, and(b) in the case of a detainee who, having been a person subject to control, becomes an inmate within the meaning of the Crimes (Administration of Sentences) Act 1999, the period for which he or she was required, under this Act, to be detained in a detention centre when the order was made is taken to be the unexpired portion of a sentence of imprisonment to which he or she is subject.
28A Certain children may be remanded in correctional centres
(1) This section applies to a child of or above the age of 16 years who is:(a) a child (including a detainee) charged with an indictable offence, or(b) a detainee subject to a detention order relating to an indictable offence and is charged with a detention centre offence (as defined in section 28C) or an indictable offence.(2) In any criminal proceedings against a child to whom this section applies a court may remand the child to a correctional centre pending the commencement of the hearing of the proceedings or during any adjournment of the hearing, but only if:(a) the person by whom the proceedings were commenced or the Director-General applies for such a remand, and(b) the child is not released on bail under the Bail Act 1978, and(c) the court is of the opinion that the child is not a suitable person for detention in a detention centre.(3) The Children’s Court may at any time on the application of the Director-General remand a child as referred to in subsection (2), subject to the requirements of paragraphs (b) and (c) of that subsection.(4) 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.
28B Certain children etc may be committed to correctional centres
(1) This section applies to a person of or above the age of 16 years who:(a) is subject to a detention order relating to an indictable offence, and(b) is subject to a further detention order (being an order under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987) in relation to a detention centre offence (as defined in section 28C) committed while the person was a detainee in relation to the offence referred to in paragraph (a).(2) The Children’s Court may order that a person to whom this section applies be committed to a correctional centre for the whole or any part of the period specified in that further detention order, but only if:(a) an application for the order is made by the Director-General or the person who commenced the proceedings which resulted in the making of that further detention order, and(b) the Children’s Court is of the opinion that the person is not a suitable person for detention in a detention centre.(3) 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.(4) On the coming into operation under section 28F of an order under this section, the detention order concerned becomes a sentence of imprisonment for a term equivalent to the period specified in the order of the Children’s Court under this section.
28BA Certain persons to serve balance of detention order in correctional centre
(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) When such a person is no longer required to serve his or her term of imprisonment in custody, the person must be kept in custody in a correctional centre:(a) for the balance of any unexpired term of a detention order to which he or she is then subject, and(b) for the remainder of any period of remand to which he or she is then subject or to which he or she becomes subject while in custody as referred to in paragraph (a).(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)–(6) (Repealed)(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.
28C Meaning of “detention centre offence”
In sections 28A, 28B and 28BA, a detention centre offence is:(a) an offence under section 33 (escaping or attempting to escape from lawful custody), or(b) an offence under section 37A (failing to comply with condition of leave or failing to return after leave expires or after medical treatment), or(c) any other offence (except misbehaviour) committed within a detention centre.
28D Review etc of sec 28B orders
(1) An order under section 28B must be reviewed at least once a month by the Minister administering the Crimes (Administration of Sentences) Act 1999.(2) An application for the variation or revocation of an order under section 28B may be made to the Children’s Court by or on behalf of:(a) the person to whom the order relates, or(b) the Minister administering the Crimes (Administration of Sentences) Act 1999.(3) An application under subsection (2) (b) may be made only if the Minister administering this Act consents.(4) In any proceedings on an application under this section, the person to whom the order relates is 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.
28E Consideration of suitability for detention centre
(1) In considering (for the purposes of section 28A, 28B, 28BA or 28D) whether a person is suitable for detention in a detention centre, a court must take into account the following:(a) the nature of any offence which the person has committed or is charged with having committed,(b) the likelihood of danger to the community should the person escape from a detention centre,(c) the likelihood of danger to staff or detainees if the person is detained at the detention centre concerned,(d) whether any previous behaviour of the person indicates that he or she is likely to create a serious management problem in a detention centre,(e) whether suitable accommodation is available for the person in a correctional centre.(2) This section is not intended to prevent a court from taking into account other matters in considering the matter.
28F Consent of Minister administering Crimes (Administration of Sentences) Act 1999 required
(1) The remand of a child to a correctional centre under section 28A, or an order under section 28B for the committal of a person to a correctional centre, has no operation unless and until the Minister administering the Crimes (Administration of Sentences) Act 1999 consents to it operating.(2) Until the remand or order operates it shall be taken to be a remand to a detention centre or remains a detention order, as appropriate.
29 Application of Crimes (Administration of Sentences) Act 1999 to detainees
(1) The provisions of Parts 6 and 7 of the Crimes (Administration of Sentences) Act 1999 apply to a detainee within the meaning of this Act in the same way as they apply to an offender referred to in those provisions, and so apply as if in those provisions:(a) a reference to a correctional centre were a reference to a detention centre, and(b) a reference to the Parole Authority or a member of the Parole Authority were a reference to the Children’s Court or a Children’s Magistrate, respectively, and(c) a reference to the Secretary of the Parole Authority were a reference to a Registrar of the Children’s Court, and(d) a reference to the Commissioner were a reference to the Director-General.(2) If a detainee who is being detained as a result of the revocation or suspension of a parole order by the Children’s Court is transferred to a correctional centre, this section (subsection (1) (a) excluded) continues to apply in relation to the parole order as if the transferred detainee were still a detainee. Accordingly, the Children’s Court is to continue to exercise the functions of the Parole Authority under Division 4 of Part 7 of the Crimes (Administration of Sentences) Act 1999 with respect to the detainee’s parole order.
(1) A person subject to control shall be discharged from detention at the end of the period for which the person is required, under the detention order by virtue of which the person is a person subject to control, to be detained in a detention centre.(2) Subsection (1) does not authorise or require a person subject to control to be discharged from detention while any other detention order is in force in respect of the person or while the person is a person on remand.(3) This section does not limit the operation of the Crimes (Sentencing Procedure) Act 1999 with respect to a person subject to control.
(1) A person subject to control may be discharged from detention at any time during the period of 24 hours immediately preceding the time when the person’s detention as a person subject to control would otherwise terminate.(2) A person subject to control whose detention would, but for this subsection, terminate on a Saturday, Sunday or public holiday may be discharged from detention on the last day that is not a Saturday, Sunday or public holiday.
32 Termination of detention orders
A detention order ceases to have effect:(a) in the case of a person who is discharged from detention pursuant to section 30 or 31—when the person is discharged,(b) in the case of a person who is discharged from detention by virtue of an order under section 24 (1) (c):(i) except as provided by subparagraph (ii)—when the person is discharged, or(ii) if the person is discharged subject to conditions and the order is not subsequently revoked—at the end of the period for which the person would otherwise be required, under the detention order, to be detained in a detention centre,(c) in the case of a person the subject of an order in force under section 19 of the Children (Criminal Proceedings) Act 1987 whereby a court has directed that part only of a term of imprisonment imposed on the person be served in a detention centre—when the person is transferred to a correctional centre in accordance with the order to serve the remainder of the term of imprisonment in a correctional centre, or(d) in the case of a person who is transferred to a correctional centre pursuant to section 28—when the person is so transferred.
The regulations may make provision for or with respect to the following matters:(a) the management, control, administration, supervision and inspection of detention centres,(b) the procedure to be followed when admitting a detainee into a detention centre, including the procedure for accepting or refusing custody of property in a detainee’s possession when the detainee is admitted,(c) the classification of detainees into different categories and the separation of detainees by reference to the categories into which they have been classified,(d) the procedure to be followed when releasing a detainee from a detention centre, including the procedure for returning property accepted from a detainee when the detainee was admitted into the detention centre,(e) the physical, psychological and spiritual welfare of detainees while in custody and following their release,(f) the expenditure of money (or money’s worth) by detainees,(g) the circumstances in which a detainee may lawfully acquire or retain possession of property within a detention centre,(h) the forfeiture and disposal of a detainee’s abandoned or unclaimed property (including money), or of unhygienic or otherwise dangerous property (including money) received from, or sent to, a detainee,(i) the seizure, forfeiture and disposal of property brought into a detention centre in contravention of this Act, the regulations or any other law,(j) visits to detainees, including:(i) the days and times that visits may be allowed, and(ii) the maximum number of persons who may visit a detainee at the same time, and(iii) the classes of persons who may be prohibited from visiting detainees, and(iv) the conditions that must be observed by persons intending to visit a detainee before such a visit will be allowed, and(v) the procedures to be observed by visitors and detainees during visits, and(vi) without limiting subparagraphs (iv) and (v), the identification of visitors (including the removal of face coverings within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for that purpose),(k) the making and receiving of telephone calls by detainees,(l) the sending and receiving of letters and parcels by detainees, including the circumstances in which letters and parcels may be opened for inspection or confiscated,(m) the procedures to be followed by a detainee when applying for leave of absence, and the circumstances under which such leave may be granted,(n) the procedures to be followed by a detainee, and the facilities to be provided to a detainee, for the purpose of enabling the detainee to make a complaint to the centre manager of the detention centre or to any other person or body,(o) the observance by detainees of religious rites and obligations,(p) the acquisition by detainees of education and vocational training,(q) the provision to detainees of medical, surgical and dental treatment,(q1) the circumstances in which detainees may be confined to their rooms, and the periods for which they may be so confined,(q2) the review of directions given by the Director-General under section 16 (3),(r) the circumstances in which a body search may be conducted on a detainee, the procedures to be followed in conducting a body search and the persons by whom, or in whose presence, a body search is to be conducted,(s) the circumstances in which a juvenile justice officer may use force against a detainee, and the keeping of records of the occasions on which force is so used,(t) the equipment that may be used to restrain a detainee, and the circumstances in which, and the maximum periods for which, a detainee may be restrained by means of such equipment,(u) the circumstances in which a detainee may be tested for drugs or alcohol, the use of a non-invasive sample provided by, or taken from, a detainee for the purposes of a test for drugs or alcohol and the nature of the tests to be used,(v) analyses in connection with any such tests and the admission of certificates relating to the results of any such analyses as prima facie evidence in any proceedings for misbehaviour being dealt with under this Act,(w) the appointment of ministers of religion and other spiritual advisors for detention centres,(x) the functions of juvenile justice officers and other staff employed within a detention centre.