Part 4B Serious Young Offenders Review Panel
In this Part:Director-General means:
(a) the Chief Executive, Juvenile Justice, or(b) if there is no such position in the Department—the Director-General of the Department.serious young offender means a detainee who has been convicted of a serious children’s indictable offence within the meaning of the Children (Criminal Proceedings) Act 1987.
37O Constitution of Review Panel
(1) There is constituted by this Act the Serious Young Offenders Review Panel.(2) The Review Panel is to consist of at least 3, but not more than 6 members appointed by the Minister, of whom one is to be a Magistrate, acting Magistrate or retired Magistrate who is to be the Chairperson of the Review Panel.(3) Schedule 1A makes provision for the constitution and procedure of the Review Panel.
(1) The Review Panel has such functions as are conferred on it by or under this or any other Act or law, including the following functions:(a) providing advice and making recommendations to the Director-General with respect to the classification of serious young offenders who are referred to the Review Panel by the Director-General,(b) providing advice and making recommendations to the Minister or the Director-General with respect to:(i) any matter relating to a detainee (including a serious young offender) that is referred to the Review Panel by the Minister or the Director-General, or(ii) any other matter that may be prescribed by the regulations.(2) The Minister or Director-General may refer a person or matter to the Review Panel individually or by reference to a class to which the person or matter belongs.
37Q Matters to be considered by Review Panel
(1) The Review Panel must, when exercising its functions in relation to a person who is a serious young offender or other detainee, consider each of the following to the extent that the Review Panel considers it to be relevant:(a) the public interest, including the protection of the public,(b) the nature and circumstances of any offence committed by the person or, in the case of a person on remand, alleged to have been committed by the person,(c) the reasons and recommendations of the court that sentenced the person,(d) the criminal history of the person,(e) the time the person has served in custody and the time the person has yet to serve in custody,(f) the person’s conduct while in custody,(g) the person’s commitment to address offending behaviour, including the person’s willingness to participate in rehabilitation programs and the success or otherwise of any such participation,(h) the person’s classification history,(i) the position of and consequences to any victim of the person, including the victim’s family,(j) any submissions made by any victims of the person,(k) the need to maintain public confidence in the administration of criminal justice,(l) the rehabilitation of the person and the re-entry of the person into the community as a law-abiding citizen,(m) the availability to the person of family, departmental and other support,(n) any relevant reports about the person (including reports made by counsellors, health practitioners or educational establishments) that are available to the Review Panel,(o) any other matter that may be prescribed by the regulations.(2) The Review Panel may also consider any other matter that it considers to be relevant.(3) The regulations may specify how any matter is to be taken into consideration by the Review Panel under this section.
A report of the Review Panel’s activities during a year is to be included in the annual report of the Department.
37S Security of certain information
Nothing in this Act or the regulations requires a person to be provided with a copy of a report or another document (or any part of the report or document) if its provision to the person may, in the opinion of the Chairperson of the Review Panel:(a) adversely affect the security, discipline or good order of a detention centre, or(b) endanger the person or any other person, or(c) jeopardise the conduct of any lawful investigation, or(d) prejudice the public interest.