Page 2509 - Week 07 - Tuesday, 1 July 2008

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Clause 108 provides for the transfer and secure custody of a young detainee in a health facility. Subclause (7) provides for the discharge of the young detainee into the custody of the chief executive. This government amendment removes subclause (7) as custody remains with the chief executive following the discharge of the young detainee unless the authority for detention lapses for the young detainee during their stay at the health facility. As drafted, subclause (7) could create unnecessary confusion about the custodial authority for a person in this circumstance.

Amendment agreed to.

Clause 108, as amended, agreed to.

Clause 109 agreed to.

Clause 110.

MS GALLAGHER (Molonglo—Minister for Health, Minister for Children and Young People, Minister for Disability and Community Services, Minister for Women) (5.18): I move amendment No 10 circulated in my name [see schedule 2 at page 2540].

Clause 110 provides the chief executive with the power to direct the transfer of adult young detainees to a correctional centre. Subclause (5) enables the chief executive to direct an escort officer to escort the young detainee to the correctional centre and, once there, subclause (6) requires the young detainee to be dealt with as a detainee under the Corrections Management Act 2007.

This government amendment substitutes the reference to “taken” in subclause (6) with a reference to “admitted”, to remove doubt that custody of the young detainee shifts to the chief executive under the Corrections Management Act 2007 at the point of the young detainee’s admission to the correctional centre.

Amendment agreed to.

Clause 110, as amended, agreed to.

Clauses 111 to 135, by leave, taken together and agreed to.

Clause 136.

MS GALLAGHER (Molonglo—Minister for Health, Minister for Children and Young People, Minister for Disability and Community Services, Minister for Women) (5.19): I move amendment No 11 circulated in my name [see schedule 2 at page 2541].

This government amendment changes the definition of “young remandee” to be consistent with the definition of “young remandee” under the Crimes (Sentence Administration) Act 2005.


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