Children (Detention Centres) Act 1987 (NSW)

Children (Detention Centres) Act 1987 No 57

An Act with respect to the detention of children and other young persons who are on remand or who have been found guilty of criminal offences.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Children (Detention Centres) Act 1987.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— authorised justice means— (a) a Magistrate, or (b) an authorised officer within the meaning of the Criminal Procedure Act 1986. centre manager of a detention centre means the person for the time being in charge of the centre. Chief Executive, Justice Health and Forensic Mental Health Network means the person for the time being holding office or acting as the chief executive of the Justice Health and Forensic Mental Health Network under the Health Services Act 1997. child means a person who is under the age of 18 years. Children's Court means the Children's Court of New South Wales constituted by the Children's Court Act 1987. Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth. complaints guidelines means guidelines issued by the Secretary under section 32AA(1). correctional centre has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999. correctional officer has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999. Department means the Department of Justice. detainee means a person subject to control or a person on remand, but does not include a person who is absent from a detention centre pursuant to an order in force under section 24. detention centre means premises the subject of an order in force under section 5 (1). detention order means— (a) an order in force under section 19 of the Children (Criminal Proceedings) Act 1987 whereby a court has directed that the whole or any part of the term of a sentence of imprisonment imposed on a person be served as a juvenile offender, and pursuant to which the court has committed the person to a detention centre, or (b) an order in force under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987 whereby the Children's Court, or some other court exercising the functions of the Children's Court under Division 4 of Part 3 of that Act, has committed a person to the control of the Minister, or (c) an order in force under section 10 of this Act whereby the Minister administering the Crimes (Administration of Sentences) Act 1999 or the Commissioner of Corrective Services has directed the transfer of a juvenile inmate from a correctional centre or juvenile correctional centre, as the case may be, to a detention centre. inmate has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999. Justice Health and Forensic Mental Health Network means the statutory health corporation of that name specified in Schedule 2 to the Health Services Act 1997. juvenile correctional centre has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999. juvenile inmate means an inmate who is under the age of 21 years. juvenile justice officer means a member of staff of the Department who is principally involved in the administration of this or any other Act administered by the Minister, and includes any member of staff of the Department who is in the branch of the Department known as Juvenile Justice. medical officer, in relation to a detention centre, means a medical officer appointed for the detention centre as referred to in section 37G. misbehaviour, in relation to a detainee, means an offence under section 37A (breaching conditions of leave, failure to return etc) or any breach of the regulations that is committed by the detainee. older detainee means a detainee who is of or above the age of 16 years. person on remand means— (a) a child who is an accused person within the meaning of the Bail Act 2013 and who has not been released on bail under that Act, (b) a person who is an accused person within the meaning of the Bail Act 2013 and who has not been released on bail under that Act, being a person who is charged before the Children's Court, or (c) a person who is an accused person within the meaning of the Bail Act 2013 and who has not been released on bail under that Act, being a person who is a person on remand by virtue of an order referred to in paragraph (c) of the definition of detention order. person subject to control means a person who is the subject of a detention order, but does not include a person who is a person on remand by virtue of an order referred to in paragraph (c) of the definition of detention order. regulation means a regulation made under this Act. Review Panel means the Serious Young Offenders Review Panel constituted by this Act. Secretary means the Secretary of the Department. Victims Register means the register kept under section 100A.