Subdiv 1Training Centre Review Board

Subdivision 1—Training Centre Review Board 38—Establishment of Training Centre Review Board (1) The Training Centre Review Board is established. (2) The Training Centre Review Board consists of the following members: (a) the Judge of the Court and the magistrates who are members of the principal judiciary of the Youth Court; and (b) 2 persons with appropriate skills and experience in working with young people, appointed by the Governor on the recommendation of the Attorney‑General; and (c) 2 persons with appropriate skills and experience in working with young people, appointed by the Governor on the recommendation of the Minister; and (ca) 2 persons with appropriate skills and experience in matters related to the impact of crime on victims and the needs of victims of crime in relation to the criminal justice system, appointed by the Governor on the recommendation of the Attorney‑General; and (d) 2 persons (who must be police officers or former police officers) with appropriate skills and experience, appointed by the Governor on the recommendation of the Minister responsible for the administration of the Police Act 1998; and (e) 2 Aboriginal persons with appropriate skills and experience, appointed by the Governor on the nomination of the Minister responsible for the administration of the Aboriginal Heritage Act 1988. (3) At least 1 of the persons appointed under subsection (2)(b), (c) and (e) must be a woman and at least 1 such person must be a man. (4) An appointed member of the Training Centre Review Board holds office for such term, and on such conditions, as the Governor determines and specifies in the instrument of appointment and, on the expiration of a term of office, is eligible for reappointment. (5) The Governor may appoint a suitable person to be a deputy of an appointed member of the Training Centre Review Board and such a person may act as a member of the Training Centre Review Board in the absence of that member. (6) A member of the Training Centre Review Board is entitled to receive such allowances and expenses as the Governor may from time to time determine. (7) The Governor may remove an appointed member of the Training Centre Review Board from office on the grounds of— (a) mental or physical incapacity; or (b) dishonourable conduct; or (c) neglect of duty. (8) The office of an appointed member of the Training Centre Review Board becomes vacant if the member— (a) dies; or (b) completes a term of office; or (c) resigns by notice in writing given to the Attorney-General; or (d) is removed from office by the Governor under subsection (7). 39—Reviews etc and proceedings of Training Centre Review Board (1) The Training Centre Review Board has the following functions in respect of a youth who has been sentenced to detention in a training centre: (a) to conduct a review of the progress and circumstances of the youth while in the training centre— (i) at intervals of not more than 6 months; and (ii) at any other time on the request of the Chief Executive; (b) to hear and determine any other matter relating to the youth assigned to the Board under this Act. (2) The following provisions apply in proceedings before the Training Centre Review Board under this Act in respect of a youth: (a) if the youth is not a recidivist young offender—the Training Centre Review Board must be constituted of— (i) a member of the Board who is a member of the Court's judiciary (who will preside at the sitting); and (ii) 4 of the appointed members (of whom at least 1 must be a member appointed under section 38(2)(e) if the youth is an Aboriginal youth); (b) if the youth is a recidivist young offender or a terror suspect—the Training Centre Review Board will sit as the Youth Parole Board and be constituted of— (i) a member of the Board who is a member of the Court's judiciary (who will preside at the sitting); and (ii) 4 of the appointed members, of whom— (A) at least 1 must be a member appointed under section 38(2)(ca); and (B) at least 1 must be a member appointed under section 38(2)(d); and (C) if the recidivist young offender is an Aboriginal youth—at least 1 must be a member appointed under section 38(2)(e). (3) The Training Centre Review Board must notify the following persons of the day and time fixed by the Board for proceedings before the Board: (a) the youth to whom the proceedings relate; (b) a guardian of the youth; (c) the Chief Executive; (d) if, in relation to an offence for which the youth was detained, there is a registered victim—the registered victim. (4) However, the Training Centre Review Board is not required to notify the registered victim if the victim has indicated to the Board that he or she does not wish to be so notified. (5) In any proceedings before the Training Centre Review Board relating to a youth (whether or not a recidivist young offender)— (a) the legal representative, and a guardian, of the youth must be given the opportunity to make submissions to the Board; and (b) the registered victim may make such submissions to the Board as he or she thinks fit in writing or, by prior arrangement with the Board, in person. (6) If a period of detention to which a youth has been sentenced will extend past the youth's 18th birthday, the Training Centre Review Board must, at the last periodical review before that birthday, and at each periodical review thereafter, consider whether the youth should be transferred to complete the period of detention in a prison (and, if the Board does so determine, the youth will be transferred to prison in accordance with the Board's determination). 40—Reports by Training Centre Review Board (1) The Training Centre Review Board must, in accordance with subsection (2), provide a report to the Minister in relation to the previous financial year on— (a) the number of youths granted periods of leave by the Board from a training centre during the previous financial year; and (b) the number of applications for release from detention under section 41A during the previous financial year— (i) that were granted by the Board; and (ii) that were refused by the Board; and (c) the number of applications for release on home detention under section 41B during the previous financial year— (i) that were granted by the Board; and (ii) that were refused by the Board; and (d) the number of youths returned to detention in a training centre in the previous financial year following the cancellation of a release from detention, and the reasons for each such cancellation; and (e) the work of the Board generally in the previous financial year; and (f) such other matters as the Board thinks fit, or as the Minister may direct. (2) A report under subsection (1) must— (a) in relation to the 2017/18 financial year, be provided to the Minister within 3 months of the commencement of this section; and (b) in relation to each subsequent financial year, be provided to the Minister not later than 31 October in the financial year immediately after the financial year to which the report relates. (3) The Minister must, within 12 sitting days after receiving a report prepared under subsection (1), cause a copy of the report to be tabled in each House of Parliament.