(1) A juvenile justice officer or member of the police force may, without any authority other than that conferred by this subsection, arrest a detainee who has escaped from lawful custody.(2) The Director-General may make an order for the arrest of a person if satisfied that:(a) an order under section 24 applicable to the person has been revoked or (in the case of an order granting leave of absence) the person failed to return to the detention centre before the leave of absence expired, and in either case the person is not at a detention centre, or(b) the person failed to return to the detention centre pursuant to the requirements of section 25 (4) (relating to return from medical treatment), and the person is not at a detention centre.(3) If a juvenile justice officer or member of the police force informs an authorised justice, on oath, that a person is absent from a detention centre otherwise than in accordance with this Act, the authorised justice may issue a warrant for the arrest of the person.(4) A juvenile justice officer or member of the police force may, pursuant to an order or warrant made or issued under subsection (2) or (3), arrest the person to whom the order or warrant relates.(5) Upon the arrest of a person under subsection (1) or (4), the person shall be conveyed to, and delivered into the custody of, the centre manager of a detention centre, to be detained in a detention centre in accordance with this Act until the person ceases to be a person on remand or a person subject to control, as the case may be.(6) Nothing in this section prevents proceedings from being taken against a person in respect of an offence under Part 4.(7) This section is subject to section 9A.Note. Under section 9A, a person who is of or above the age of 18 years who is arrested under this section is not to be detained in a detention centre. Part 13 of the Crimes (Administration of Sentences) Act 1999 provides that such a person may be detained in a correctional centre.
38A Extension of term of detention order following unlawful absence
(1) If a person subject to control is unlawfully absent from custody during the term of the detention order to which the person is subject:(a) the term of the detention order, and(b) if the absence occurs during a non-parole period of the term of the detention order—the non-parole period,are, by this section, extended by the period for which the person is unlawfully absent from custody.(2) For the purposes of this section, a person is unlawfully absent from custody if, and only if:(a) the person has escaped from lawful custody, or(b) the person has failed, without reasonable excuse, to return to a detention centre before the expiry of leave of absence granted to the person by order under section 24 (1) (a), or(c) the person has failed, without reasonable excuse, to return to a detention centre following the revocation of an order that authorised the person’s absence from the detention centre, or(d) the person has failed, without reasonable excuse, to return to a detention centre in accordance with the requirements of section 25 (4) (relating to return from medical treatment).(3) This section applies to an unlawful absence from custody regardless of whether the person has been charged with or found guilty of an offence in connection with the absence. The application of this section does not prevent proceedings being taken against the person for such an offence.(4) This section does not apply to an unlawful absence from custody in respect of which the non-parole period or term of the person’s detention order is extended by or under some other provision of this Act.(5) For the purposes of this section, unlawful absence from custody does not include any period during which the person is in lawful custody, whether or not in relation to the detention order to which the person is subject.(6) The date of commencement of any other detention order (the later detention order) that is to be served consecutively with a detention order whose term or non-parole period is extended by this section (the earlier detention order) is, by this subsection, postponed:(a) if the later detention order commences at the end of the non-parole period of the earlier detention order—by the period for which the non-parole period of the earlier detention order is extended, or(b) if the later detention order commences at the expiry of the earlier detention order—by the period for which the term of the earlier detention order is extended.(7) As soon as practicable after a person whose detention order is extended by this section is returned to a detention centre, the centre manager is to give the person:(a) a written notice of the extension, and(b) an explanation of the effect of the notice.A failure to comply with this subsection does not affect the validity of the extension of the detention order.
(8) This section extends to a period of unlawful absence before the commencement of this section, but does not apply if the unlawful absence ceased, and the detainee was released on parole or discharged, before that commencement.
39 Expediting trials and appeals
(1) The centre manager of a detention centre in which any person is detained for trial or appeal shall, at the end of each month, furnish returns containing the particulars prescribed by the regulations with respect to all persons so detained as at the end of that month.(2) Such a return shall be made:(a) to the extent to which it relates to persons detained for trial in or appeal to the Supreme Court—to the Chief Justice of the Supreme Court,(b) to the extent to which it relates to persons detained for trial in or appeal to the District Court—to the Chief Judge of the District Court, and(c) to the extent to which it relates to persons detained for trial in the Children’s Court—to the Senior Children’s Magistrate.(3) With respect to a person the subject of such a return made:(a) to the Chief Justice of the Supreme Court—any Judge of that Court,(b) to the Chief Judge of the District Court—any Judge of that Court, or(c) to the Senior Children’s Magistrate—any Children’s Magistrate or Magistrate under the Children’s Court Act 1987,may give such directions with respect to expediting the prosecution of the trial or appeal of the person as he or she thinks fit.
(1) The Minister may delegate to the Director-General, or to any other person, the exercise of any of the Minister’s functions under this Act or the regulations, other than this power of delegation.(2) The Director-General may delegate to any person the exercise of:(a) any of the functions delegated under subsection (1) to the Director-General by the Minister, or(b) any of the other functions of the Director-General under this Act or the regulations, other than this power of delegation.
39B Exchange of certain information
(1) The Director-General may enter into an arrangement (an information sharing arrangement) with the Director of the State Debt Recovery Office for the purposes of sharing or exchanging any information that is held by the Department or the State Debt Recovery Office.(2) The information to which an information sharing arrangement may relate is limited to information that assists in the exercise of:(a) the functions of the Director-General under this Act or the regulations, or(b) the functions of the State Debt Recovery Office under the Fines Act 1996 or the regulations under that Act.(3) Under an information sharing arrangement:(a) the Director-General is, despite any other Act or law of the State, authorised to request and receive information from the State Debt Recovery Office comprising the name, address and date of birth of a person who is the subject of a detention order and is a fine defaulter (within the meaning of the Fines Act 1996), and(b) the Director of the State Debt Recovery Office is authorised to disclose that information to the Director-General, and(c) the Director of the State Debt Recovery Office is, despite any other Act or law of the State, authorised to request and receive information from the Department comprising the name, address and date of birth of a person who is the subject of a detention order and is a fine defaulter (within the meaning of the Fines Act 1996), and(d) the Director-General is authorised to disclose that information to the Director of the State Debt Recovery Office.
(1) A document that purports to be:(a) an order made under this Act, or(b) a copy of such an order,is admissible in any proceedings under this Act and, in the absence of evidence to the contrary, is proof of the matters referred to in the document.(2) In the absence of evidence to the contrary, the authority of the Minister, Director-General or a juvenile justice officer to exercise any function conferred or imposed on the Minister, Director-General or juvenile justice officer by or under this Act shall be presumed.
Subject to this Act, proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.
42 Attendance of persons subject to control before courts and court officers
(1) If an appropriate person or body is satisfied that it is necessary that a detainee should attend before it, him or her for the purposes of any legal proceeding, inquest or inquiry then pending and that the absence of the detainee may prejudice the rights of a party, the person or body may make an order directing the centre manager of the detention centre in which the detainee is detained to cause the detainee to be produced at the court or other place at which the proceeding, inquest or inquiry is being held.(2) Such an order is sufficient authority for the centre manager to cause the detainee to be produced in accordance with the terms of the order.(3) A detainee produced in accordance with such an order is taken to be in lawful custody while in the actual custody of the centre manager of a detention centre, a juvenile justice officer or a police officer.(4) It is the duty of the centre manager, juvenile justice officer or police officer having actual custody of the detainee to return the detainee to the detention centre from which the detainee was produced as soon as the appropriate person or body permits.(5) In this section, appropriate person or body means:(a) a court of record, a judge of such a court or a person constituting such a court, or(b) the Victims Compensation Tribunal, or(c) a coroner, or(d) a registrar of the Local Court, a Registrar of the Children’s Court, a Registrar or assistant Registrar of the District Court, a Registrar or Deputy Registrar of the Supreme Court or the Registrar of the Court of Criminal Appeal, or(e) a person prescribed by the regulations for the purposes of this definition.
42A Admission to detention centre following arrest or apprehension for breach of bail undertaking or conditions
(1) A child who is arrested or apprehended under section 50 (1) of the Bail Act 1978, and who is to be detained before being taken before a court, must be detained in a detention centre rather than being detained in a police station.(2) Despite subsection (1), the child may be detained in a police station before being taken before a court if it is impracticable for the child to be detained in a detention centre before being taken before the court.(3) A child who is detained in a police station under subsection (2) must, so far as is reasonably practicable, be detained separately from any adults detained there.(4) While a child is detained in a detention centre under this section, the child is taken to be a person on remand for the purposes of this Act.
43 Royal prerogative of mercy preserved
Nothing in this Act limits or affects in any manner the Royal prerogative of mercy.
44 Saving as to functions of Sheriff
Nothing in this Act abridges or otherwise affects the functions conferred or imposed on the Sheriff by or under any Act or law in relation to persons under lawful detention.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following:(a) the control, management, good government, supervision and inspection of detention centres,(b) the maintenance of the physical, psychological and emotional well-being of detainees,(c) the promotion of the social, cultural and educational development of detainees,(d) the conduct and functions of persons employed in or about detention centres,(e) the constitution, functions, and procedures of the Review Panel.(2) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.(3) A regulation may create an offence punishable (except in the case of misbehaviour) by a penalty not exceeding 5 penalty units.