Child Welfare (Transitional Sentencing Arrangements) Act 1999
An Act to provide that children's courts and courts of summary jurisdiction dealing with young offenders may continue to exercise certain sentencing powers pending the commencement of the Youth Justice Act 1997 , to provide that certain sentences imposed by such courts before the commencement of the Act may be enforced and otherwise dealt with consistently with new sentencing arrangements applying to other courts and for related purposes
[Royal Assent 30 April 1999]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Child Welfare (Transitional Sentencing Arrangements) Act 1999 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, unless the contrary intention appears –Act means Child Welfare Act 1960 ;adult means a person who has attained the age of 17 years;commencement day means the day on which this Act commences;contravention includes a failure to comply;court means –(a) a children's court constituted under the Child Welfare Act 1960 ; or(b) a court of summary jurisdiction that has heard, or is hearing, a charge against a person for an offence committed as a juvenile;former sentencing order means an order of a court made before the commencement day –(a) that an offender found guilty or convicted of an offence committed as a juvenile serve a term of imprisonment that, subject to conditions, is wholly or partly suspended; or(b) that an offender found guilty or convicted of an offence committed as a juvenile pay a fine; or(c) that a person who has suffered loss or damage as a result of an offence committed by a juvenile is to recover an amount of money due to that person from the offender or a sum by way of damages;juvenile means a person who has not attained the age of 17 years.
4. Act subject to Child Welfare Act 1960
This Act has effect subject to the Child Welfare Act 1960 and in the event of any inconsistency between the provisions of this Act and that Act, the provisions of that Act prevail to the extent of the inconsistency.
(1) A court that sentences an offender to a term of imprisonment for an offence committed as a juvenile may order that the term of imprisonment be wholly or partly suspended.(2) If a court exercises its power under subsection (1) , sections 24 , 25 , 26 and 27 of the Sentencing Act 1997 have effect as if the court were a court of petty sessions and the sentence had been imposed on the offender for an offence committed as an adult.
(1) A court that convicts or finds an offender guilty of an offence committed as a juvenile may, if it finds that another person has suffered injury, loss, destruction or damage as a result of the offence, order the offender to pay compensation for that injury, loss, destruction or damage.(2) Subsection (1) does not derogate from or affect any other sentencing power of the court.(3) If a court exercises its power under subsection (1) , sections 68(2) , (3) , (4) , (5) , (6) , (7) , (8) and (9) of the Sentencing Act 1997 have effect as if the court were a court of petty sessions and the offence referred to in subsection (1) had been committed by the offender as an adult.(4) An order under subsection (1) may be enforced in the same manner as if –(a) the order were a compensation order made by a court of petty sessions under Division 2 of Part 9 of the Sentencing Act 1997 ; and(b) the offence referred to in that subsection had been committed by the offender as an adult.
If a court that convicts or finds an offender guilty of an offence committed as a juvenile orders the offender to pay a fine, the provisions of Part 6 of the Sentencing Act 1997 have effect as if the court were a court of petty sessions and the offence had been committed by the offender as an adult.
8. Enforcement, &c., of former sentencing orders
(1) Any contravention of a former sentencing order that was in force immediately before the commencement day may, whether the contravention occurred before that day or occurs on or after that day, be dealt with in the same manner as a contravention of an order of the same kind made by a court in reliance on this Act after that day.(2) A former sentencing order of the kind referred to in paragraph (a) of the definition of former sentencing order in section 3 that was in force immediately before the commencement day may be varied or cancelled in the same manner as an order of the same kind made by a court in reliance on this Act after that day.(3) For the purposes of subsection (1) , a former sentencing order referred to in paragraph (c) of the definition of former sentencing order in section 3 and a compensation order made under section 6(1) are taken to be orders of the same kind.
This Act expires on the day on which the Youth Justice Act 1997 commences.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Health and Human Services; and(b) the department responsible to the Minister for Health and Human Services in relation to the administration of this Act is the Department of Health and Human Services.
[Second reading presentation speech made in:
House of Assembly on 25 MARCH 1999
Legislative Council on 21 APRIL 1999]