Children (Interstate Transfer of Offenders) Act 1988 (NSW)

Children (Interstate Transfer of Offenders) Act 1988 No 85

An Act to facilitate the transfer of young offenders to, from or through New South Wales and to amend the Search Warrants Act 1985 consequentially.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Children (Interstate Transfer of Offenders) Act 1988.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act: agreement means an agreement under section 4. arrangement means an arrangement under section 5 or, if such an arrangement has been varied by a further arrangement under that section, the arrangement as so varied. authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002. court includes a justice. custody means custody to which a person is entitled by law. Department means the Department of Juvenile Justice. detention centre has the same meaning as in the Children (Detention Centres) Act 1987. Director-General means the Director-General of the Department. escort means a person (whether or not a New South Wales officer) who is authorised by or under an agreement, an arrangement or a transfer order to take and keep custody of a young offender. Minister, in relation to a State other than New South Wales, means: (a) except as provided by paragraph (b) or (c)—a Minister of the Crown of that State, or (b) in the case of the Australian Capital Territory—a person holding Ministerial office under the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth, or (c) in the case of the Northern Territory—a person holding Ministerial office under the Northern Territory (Self-Government) Act 1978 of the Commonwealth. parent includes: (a) a guardian of a young offender, and (b) a person who has custody of a young offender, but does not include the father or mother of a young offender if the father or mother, as the case may be, has neither guardianship nor custody of the young offender. person responsible means: (a) a parent of a young offender, or (b) a person who has the care of a young offender (whether or not the person has the custody of the young offender), or (c) a person who had the care of a young offender immediately before the young offender became subject to control (within the meaning of the Children (Detention Centres) Act 1987). receiving State means the State to which a young offender is transferred. sending State means the State from which a young offender is transferred. State means a State or Territory of the Commonwealth. transfer order means an order under section 9 (1). young offender means: (a) a person: (i) who is under the age of 18 years and has committed an offence against the laws of another State, or (ii) who is of or over the age of 18 years, but under the age of 21 years, and has committed an offence against the laws of another State when the person was under the age of 18 years, and who has been dealt with for the offence under a law which applies in that other State and which relates to the punishment of a person who is under the age of 18 years, but who is not on remand, or (b) a person: (i) who is a person subject to control (within the meaning of the Children (Detention Centres) Act 1987) but who is not on remand, or (ii) who is subject to an order providing for the person to enter into a good behaviour bond, releasing the person on probation or requiring the person to perform community service work under section 33 of the Children (Criminal Proceedings) Act 1987, and includes a person who is in New South Wales or another State and who is the subject of an arrangement.