New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2000 - SCHEDULE 2

SCHEDULE 2 – Amendment of Children (Criminal Proceedings) Act 1987 No 55

(Section 3)

[1] The whole Act

Omit "serious indictable offence" wherever occurring.
Insert instead "serious children's indictable offence".

[2] Section 33 Penalties

Insert after section 33 (1) (c1):

(c2) it may make an order adjourning proceedings against the person to a specified date (being an adjournment for a maximum period of 12 months from the date of the finding of guilt), and granting bail to the person in accordance with the Bail Act 1978 :

(i) for the purpose of assessing the person's capacity and prospects for rehabilitation, or

(ii) for the purpose of allowing the person to demonstrate that rehabilitation has taken place, or

(iii) for any other purpose the Children's Court considers appropriate in the circumstances,

[3] Section 33 (1B)

Insert after section 33 (1A):

(1B) If the Children's Court deals with a person under subsection (1) (g), it may make an order:

(a) suspending the execution of its order under subsection (1) (g) for a specified period (not exceeding the term of that order), and

(b) releasing the person on condition that the person enters into a good behaviour bond under subsection (1) (b) for such a specified period,

but only if the person is not subject to any other order under subsection (1) (g) or to any sentence of imprisonment. Part 4 of the Crimes (Sentencing Procedure) Act 1999 does not apply to an order under subsection (1) (g) whose execution is suspended under this subsection except to the extent to which it deals with setting the term of the order.

[4] Section 41A

Insert after section 41:

41A Provisions applicable where control order suspended subject to good behaviour bond

(1) This section applies where the Children's Court has, under section 33 (1B), suspended the execution of an order under section 33 (1) (g) and the person concerned has entered into a good behaviour bond.

(2) Action with respect to a failure to comply with any such good behaviour bond may be taken under section 41. The good behaviour bond is to be terminated unless the court is satisfied that:

(a) the person's failure to comply with the conditions of the bond was trivial in nature, or

(b) there are good reasons for excusing the person's failure to comply with the conditions of the bond.

(3) If any such good behaviour bond is terminated:

(a) the suspension of the execution of the order under section 33 (1) (g) ceases to have effect, and

(b) Part 4 of the Crimes (Sentencing Procedure) Act 1999 applies to that order, except to the extent to which it has already been applied in relation to setting the term of the order, and

(c) subject to the requirements of Part 4 of that Act having been complied with, that order takes effect.

(4) The conditions of any such good behaviour bond may be varied under section 40 or in proceedings taken under section 41.

[5] Section 50B

Insert after section 50A:

50B Special provision relating to drug rehabilitation programs

(1) This section applies to any program for the rehabilitation of persons affected by alcohol or other drugs in which a child is required to participate as a result of an order or a condition of an order of the Children's Court in connection with criminal proceedings against the child.

(2) The Children's Court may, as a condition of any such order, require the provision of information about the child's participation in any such program to be given to a member or officer of the Children's Court by a person who is involved in the administration of, or who provides services in connection with, the program.

(3) The following provisions apply to and in respect of any information provided for the purposes of this section ( "protected information"):

(a) the provision of the information does not constitute a breach of professional etiquette or ethics or a departure form accepted standards of professional conduct,

(b) no liability for defamation is incurred because of the provision of the information,

(c) the provision of the information does not constitute grounds for civil proceedings for malicious prosecution or conspiracy,

(d) the information is not admissible in evidence in any proceedings before a court, tribunal or committee,

(e) a person is not compellable in any proceedings before a court, tribunal or committee to disclose the information or to produce any document that contains the information.

(4) The provisions of subsection (3) (d) and (e) do not apply to or in respect of the provision of protected information in proceedings before the Children's Court or any court hearing an appeal from a decision of that court.

(5) The child participating in any such program is taken to have authorised the communication of protected information between anyone referred to in subsection (2).

(6) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the provision of information for the purposes of this section.

[6] Schedule 2 Savings and transitional provisions

Insert at the end of clause 1 (1):

Schedule 2 to the Crimes Legislation Amendment Act 2000

[7] Schedule 2

Insert at the end of the Schedule:

Part 6 - Crimes Legislation Amendment Act 2000

9 New sentencing options in pending proceedings Section 33 (1) (c2) and (1B), as inserted by the Crimes Legislation Amendment Act 2000 , extend to proceedings pending at the commencement of those provisions.