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

An Act to amend the Corrective Services Act 2006 , the Youth Justice Act 1992 , and the Acts mentioned in schedule 1, for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

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

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

Part 2 Amendment of Youth Justice Act 1992

3 Act amended This part amends the Youth Justice Act 1992 .

4 Omission of s 6 (Child's age regulation) Section 6— omit.

5 Insertion 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

387 Offences 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.

388 Transitional 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.

389 Uncompleted 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