Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill 2016

An Act to amend the Corrective Services Act 2006 , the Youth Justice Act 1992 , and the Acts mentioned in schedule 1, for particular purposes

1Short title

This Act may be cited as the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016 .

2Commencement

This Act commences on a day to be fixed by proclamation.

3Act amended

This part amends the Youth Justice Act 1992 .

4Omission of s 6 (Child’s age regulation)

Section 6—
omit.

5Insertion of new pt 11, div 15

Part 11—
insert—

Division 15 Transitional provisions for Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016

387Offences by 17-year-olds before commencement if offence proceedings not started

(1)This section applies to a person who, as a 17-year-old, committed an offence before the commencement if a proceeding against the person for the offence had not been started before the commencement.

(2)For this Act or another Act, the person is taken to have committed the offence as a child.

388Transitional regulation-making power

(1)The Governor in Council may make a regulation (a transitional regulation) under this division.

(2)A transitional regulation must declare it is a transitional regulation.

(3)This section, sections 389 to 391 and any transitional regulation expire 2 years after the commencement.

389Uncompleted sentences for offences by 17-year-olds

(1)This section applies if—

(a)a person, as a 17-year-old, committed an offence before the commencement; and

(b)the person is still 17 years old on the commencement; and

(c)a sentence for the offence was imposed but not completed before the commencement.

(2)A transitional regulation may provide for the application of this Act or another Act to the person as if the sentence or a subsequent order about the sentence were a corresponding child sentence or order.

(3)The matters for which the transitional regulation may provide include the following—

(a)the continued application of a provision of an Act to the sentence or subsequent order for particular purposes even though another provision of the same Act or another Act applies as if the sentence or subsequent order were a corresponding child sentence or order;

(b)if the sentence includes a term of imprisonment—applying a provision of this Act about supervised release orders to the term of imprisonment as if it were a period of detention;

(c)if the person is serving a term of imprisonment in a corrective services facility on the commencement—

(i)providing for the transfer of the person to a detention centre for detention as if the term of imprisonment were a period of detention; or

(ii)applying a provision of this Act to the person as if the person were serving a period of detention in a detention centre.

(4)A court may, on application by the person or the chief executive or on its own initiative—

(a)make an order or give directions it considers necessary to facilitate the application of this Act or another Act to the person under the transitional regulation; or

(b)if the court considers it would be in the interests of justice to do so, having regard to the application of this Act or another Act to the person under the transitional regulation—

(i)vary the sentence or subsequent order; or

(ii)discharge the sentence or subsequent order and substitute it with a corresponding child sentence or order.

(5)An application may not be made under subsection (4)(b) on the ground that the penalty imposed by the person’s sentence would have been lower if the person had been sentenced as a child.

(6)For this section, a sentence or order under this Act mentioned in column 2 is a corresponding child sentence or order for the sentence or order mentioned in column 1—

	sentence or order	corresponding child sentence or order
	term of imprisonment	period of detention
	community service order under the Penalties and Sentences Act 1992	community service order
	fine option order under the Penalties and Sentences Act 1992	community service order
	graffiti removal order under the Penalties and Sentences Act 1992	graffiti removal order
	intensive correction order under the Penalties and Sentences Act 1992	conditional release order
	parole order under the Corrective Services Act 2006	supervised release order
	probation order under the Penalties and Sentences Act 1992	probation order

390Current proceedings for offences by 17-year-olds

(1)This section applies in relation to an offence committed, or alleged to have been committed, by a person when the person was 17 years old if there is a current proceeding for the offence.

(2)A transitional regulation may provide for the person to be treated as a child in relation to the offence and, for that purpose, provide for the application of this Act or another Act to the person.

(3)The matters for which the transitional regulation may provide include the following—

(a)removing the current proceeding to the Childrens Court for hearing and determining under this Act;

(b)if the current proceeding is not removed to the Childrens Court for hearing and determining under this Act—applying a provision of this Act to the proceeding;

(c)applying a provision about bail under part 5 to the person;

(d)if the person is being held on remand, or otherwise being held in custody, in a corrective services facility on the commencement—

(i)providing for the transfer of the person to a detention centre; or

(ii)applying a provision of this Act to the person as if the person were being held on remand in the chief executive’s custody, or otherwise held in custody in a detention centre;

(e)applying a provision of this Act to any sentencing for the offence.

(4)A court may, on application by the person, the prosecution or the chief executive or on its own initiative, make an order or give directions it considers necessary to facilitate the application of this Act or another Act to the person under the transitional regulation.

(5)In this section—

current proceeding—

(a)means a proceeding started but not finally dealt with before the commencement; and

(b)includes a proceeding in which a person has been convicted, within the meaning of the Penalties and Sentences Act 1992 , but not sentenced before the commencement.

391Administrative arrangements

(1)A transitional regulation may provide for administrative arrangements to facilitate the operation of the regulation.

(2)The matters for which the transitional regulation may provide include the following—

(a)the staged transfer to a detention centre of persons to whom the regulation applies who, at the commencement, are being held on remand, serving a term of imprisonment, or otherwise being held in custody, in a corrective services facility;

(b)the chief executive (corrective services) giving to the chief executive information about a person to whom the regulation applies.

(3)A transitional regulation providing for a matter mentioned in subsection (2)(a) applies to a person despite any provision of this Act providing that the person must be detained in a detention centre.

(4)A transitional regulation providing for a matter mentioned in subsection (2)(b) applies to information about a person despite any provision of an Act preventing the chief executive (corrective services) giving the information to the chief executive.

6Amendment of sch 4 (Dictionary)

Schedule 4, definition adult and definition child, first mention—
omit.

7Act amended

This division amends the Corrective Services Act 2006 .

8Amendment of s 18 (Accommodation)

Section 18(2)—
omit.

9Insertion of new ch 7A, pt 10

Chapter 7A—
insert—

Part 10 Transitional provision for Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016

490L Continued application of repealed s 18(2)

(1)Repealed section 18(2) continues to apply to a person under 18 years who—

(a)is a prisoner in a corrective services facility on the commencement; or

(b)becomes a prisoner in a corrective services facility after the commencement in relation to a proceeding for an offence—

(i)decided before the commencement; or

(ii)started, but not finally dealt with, before the commencement.

(2)In this section—

repealed section 18(2) means section 18(2) as in force immediately before the commencement.

10Acts and Code amended

Schedule 1 amends the Acts and Code it mentions.

section 10

1Section 6, definition child—

omit.

1Section 119B(2), definition community justice group, paragraph (b), ‘under the Youth Justice Act 1992 ’—

omit.

1Section 17(3), ‘17 years’—

omit, insert—

18 years

1Section 122(6), from ‘as defined’ to ‘that Act’—

omit, insert—

, the commissioner may not disclose confidential information as defined under the Youth Justice Act 1992 , section 284

2Schedule 2, definition child—

omit.

1Section 61A(4)—

omit.

1Section 30(1), definition court, paragraph (c)(ii), from ‘within’ to ‘1992’—

omit.

1Schedule, definition child—

omit.

1Sections 83(6)(c), 113(1)(f), 545(3)(c), 617(3)(c) and 619(2)(c), from ‘child’ to ‘1992’—

omit, insert—

minor

1Section 6(a), from ‘within’ to ‘1992’—

omit.

1Schedule 6, definitions adult and child—

omit.

1Section 3, definition child—

omit.

1Section 5, from ‘within’ to ‘1992’—

omit.

1Section 129W, ‘juvenile’—

omit, insert—

youth

2Sections 129W, 129ZA(1)(b) and 129ZB(1)(a), ‘Juvenile’—

omit, insert—

Youth

3Schedule 3, definitions category A driver disqualifying offence and category B driver disqualifying offence, ‘17 years’—

omit, insert—

18 years

© State of Queensland 2016