Page 2514 - Week 07 - Tuesday, 1 July 2008
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MS GALLAGHER: I move amendments Nos 24 to 26 circulated in my name together [see schedule 2 at page 2543].
Clause 286 (1) (i) establishes a behavioural breach of being disrespectful or abusive towards someone in a way that is likely to provoke the person to be violent. This amendment changes that to establish a behavioural breach of being disrespectful or abusive towards another person. This will enable the chief executive to address disrespectful or abusive behaviours of young detainees towards any person at or in relation to a detention place regardless of how the person responds to a young detainee’s behaviour.
Amendment 25 adds a reference to an interstate leave permit under clause 241. This amendment is necessary to ensure conditions of an interstate leave permit are adhered to. Finally, government amendment No 26 omits clause 286 (1) (v) and substitutes the words “planning, conspiring or attempting, or assisting anyone else planning, conspiring or attempting, to commit a behaviour breach”. This will enable the chief executive to intervene, circumvent and potentially avoid and address potentially harmful behaviour at an early stage in circumstances where intelligence is received of young detainees who are planning or conspiring to commit a behavioural breach.
Amendments agreed to.
Clause 286, as amended, agreed to.
Clauses 287 to 305, by leave, taken together and agreed to.
Clause 306.
MS GALLAGHER (Molonglo—Minister for Health, Minister for Children and Young People, Minister for Disability and Community Services, Minister for Women) (5.33): I move amendment No 27 circulated in my name [see schedule 2 at page 2544].
Clause 306 empowers a review officer who has reviewed a charge imposed by an administrator to impose disciplinary action in response to a behavioural breach by a young detainee. Subclause (5) requires the review officer to inform the young detainee in writing of the review officer’s decision under this clause, including their right to apply for an external review. A young detainee would only apply for an external review of the decision if he or she were adversely affected by a decision to take disciplinary action under subclause (2). Therefore this government amendment requires that notice be given to the young detainee only in relation to a decision under subclause (2) and not all of clause 306.
Amendment agreed to.
Clause 306, as amended, be agreed to.
Clauses 307 and 308, by leave, taken together and agreed to.
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