Northern Territory Second Reading Speeches

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CRIMES (VICTIMS ASSISTANCE) AMENDMENT BILL 1998

Bills presented and read a first time.

Mr BALDWIN (Acting Correctional Services): Madam Speaker, I move that the bills be now read a second time. The purpose of this bill is to amend the Juvenile Justice Act at sections 44, 52, 53, 61, 66 and 89. It also proposes some minor amendments to section 98 and the addition of a new part 7(a) detailing fine and penalty payments procedures.

The proposed amendments to sections 44, 52, 61 and 98 are identical to those previously introduced and withdrawn from this House. The reason for the withdrawal was so that further amendments could be included. The government is now ready to proceed with corrections aimed at improving the efficiency of the act.

On 9 November 1998, the Chief Justice in the Supreme Court of the Northern Territory ruled that division 2(a) of the Justices Act, which deals with the Territory Infringement Notices Enforcement Scheme, otherwise known as the TINES, does not apply to juveniles. This decision has provided this government with the opportunity to review legislation and introduce changes which achieve certain important policy goals.

The TINES scheme proved a most successful scheme. It provides that those who commit minor offences may receive an infringement notice detailing the penalty to be paid so that the recipient has the advantage of not having to attend court and not having a conviction recorded against him or her.

The government believes that this scheme should be available to juveniles who commit minor offences, and it has tailored a Juvenile Infringement Notices Enforcement Scheme called JINES to incorporate the advantages of the adult scheme while including certain safeguards and protections which juvenile deserve. The scheme will only apply to juveniles who are aged 14, 15 or 16 years. It will not be possible to issue infringement notices to children who are under 14 years of age, but if children younger than 14 commit serious offences, they may be dealt with in the usual way.

The juvenile scheme tries to ensure that the juvenile understands why he or she has an infringement notice, and the consequences of not paying the infringement penalty. The scheme also requires that at all stages reasonable steps are taken to ensure that copies of the relevant documentation are sent to the parent or guardian or person having custody of the juvenile. This ensures that these people are aware of the progress of the matter and the options that are available to the juvenile.

Another advantage of the scheme is the ability for juveniles to perform unpaid community service work if they do not pay their infringement penalty. This is in line with another amendment to the Juvenile Justice Act which will enable juveniles who receive a fine imposed by the courts to satisfy that fine by applying to perform unpaid community service work. This amendment will ensure that juveniles who receive court-imposed fines are afforded all the privileges that are currently given to adults.

Section 44 currently provides that, if a court is considering a period of detention for a juvenile, and the court is of the opinion that the juvenile may be in need of care, the court may require the minister to furnish a report relating to the health and welfare of the juvenile. A penalty of $500 is currently imposed for non-compliance. The amendment to this section will require that the court must request a report, commonly known as a pre-sentence report, from the minister whenever it is considering a sentence of detention or imprisonment. This amendment will ensure that all juveniles are assessed by the minister prior to the court sentencing the juvenile. The $500 penalty has been removed.

Proposed amendments to section 52 will allow the court, where it believes that a juvenile is or may be a child in need of care, to ask the minister responsible for Child Welfare Services to investigate the child’s circumstances and take appropriate action to secure his or her welfare.

There are some administrative difficulties associated with the operation of section 52 as it presently stands, because the reference to the minister means the minister responsible for the administration of the Juvenile Justice Act, currently the minister for Correctional Services. As you would appreciate Madam Speaker, the Minister for Correctional Services is in no position to investigate the welfare circumstances of a child before the courts or to take action in that regard. When section 52 was originally framed some years ago, the same minister was responsible for Child Welfare Services and Juvenile Justice. The amendments to sections 44 and 52 will ensure that juveniles are assessed and their welfare and safety are considered prior to any sentence or detention being imposed by the court.

The general effect of another amendment to the bill will be to remove the conditions in section 61 of the act, which imposed time limits in respect of applying for reconsideration of a sentence imposed by the courts. A juvenile or a parent or the parents of a juvenile will be able to apply for reconsideration of a sentence at any time.

It is also proposed to amend section 65 to permit a juvenile under escort outside a detention centre to be handcuffed or restrained in a legal way when necessary to prevent an escape. According to legal advice, it could be argued that there is a power to handcuff already in section 65 of the act. It is considered preferable that the power to use restraint equipment during an escort be specifically provided for in the act. The use of handcuffs will be assessed on a case-by-case basis and will take into account factors such as the age of the detainee, the physique of the detainee and the potential to overpower the escort, the nature of the offence and any previous escape history.

The amendments proposed for section 98 are mainly of a technical nature and, together with amendments to section 98 made 3 years ago, will allow the making of a comprehensive set of regulations to government operations in juvenile detention centres.

As a consequence of the amendments to the Juvenile Justice Act, it is necessary to amend the Crimes Victims Assistance Act to allow for the imposition of a levy on enforcement orders issued to juveniles.

These amendments will have benefits in terms of clarifying, simplifying, strengthening, increasing public safety and streamlining offender processes under the Juvenile Justice Act. I commend the bill to honourable members.

Members: Hear, hear!

Debate adjourned.

 

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