Statutes Amendment (Youth Court) Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (17:40): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Government is committed to Transforming Criminal Justice, and delivering a criminal justice system that is just and fair, effective and efficient and accessible. The Statutes Amendment (Youth Court) Bill 2015 is part of that program.

The Youth Court of South Australia was established in 1993 by the Youth Court Act 1993 ('Youth Court Act'). The Youth Court has jurisdiction in relation to criminal matters involving young people, as well as child protection matters. It also has jurisdiction in relation to adoption and surrogacy matters.

It is important to be clear on some of the things that this Bill does not do. The Bill does not change the jurisdiction of the Youth Court. The Bill will not change the fact that the Youth Court is established as a court of record under stand-alone legislation.

Rather, the Bill focusses on the composition of the Youth Court.

Currently, the Youth Court Act provides that the Youth Court comprises a Senior Judge, judges, magistrates and special justices. The Bill will change this. The principal judicial officer of the Youth Court will be the Judge of the Youth Court. The person appointed to the office of Judge of the Youth Court must be a District Court Judge or the Chief Magistrate. The remaining judicial officers on the Youth Court will be magistrates and special justices.

To facilitate this change to the composition of the Youth Court, the Bill also makes changes to ensure that the day to day work of the Court is able to be undertaken by magistrates. This includes by enabling magistrates to hear major indictable matters.

The Statutes Amendment (Courts Efficiency Reforms) Act 2012 made changes to allow magistrates in both the Magistrates Court and the Youth Court to determine and impose sentences in major indictable matters where the accused person pleads guilty. The Bill takes the next step by allowing magistrates in the Youth Court to hear and determine major indictable trials.

There are a number of points that I would like to make in this regard.

First, magistrates deal with serious criminal matters on a daily basis. They manage repeat offenders and antisocial behaviours.

Secondly, in the Youth Court, there are very few major indictable matters that proceed to trial. I am advised by the Chief Justice that, in 2012-13, the number of major indictable matters listed for trial was 52. Of those, 12 proceeded to trial. In 2013-14, 28 major indictable matters were listed for trial. Of those, only four actually proceeded to trial.

Thirdly, the classification of an offence does not necessarily reflect the complexity of a trial. It is the case that there are minor indictable matters that are complex, and major indictable matters that are straightforward.

As such, I have formed the view that it is appropriate that magistrates in the Youth Court who specialise in youth justice should be able to hear and determine major indictable trials.

The Bill makes other changes that will enable the work of the Youth Court to be shared amongst the magistrates of the Youth Court. These include:

allowing magistrates to impose a sentence of detention of up to three years. This is the maximum period of detention that can be imposed when sentencing a person as a youth under the Young Offenders Act 1993. This change is in line with the position in the Magistrates Court, where magistrates can impose sentences of imprisonment of up to 5 years; and

allowing magistrates to hear applications for extensions of time on an investigation and assessment order under the Children's Protection Act 1993; and

allowing magistrates to hear applications under the Adoption Act 1988 and the Family Relationships Act 1975.

I now turn to the details of the Bill.

Clause 4 makes changes to section 9 of the Youth Court Act, which relates to the Youth Court's judiciary. It provides that the Court will comprise the Judge of the Youth Court, magistrates and special justices. At least two magistrates appointed to the Youth Court must be members of the Court's principal judiciary. This means that they are to be predominantly occupied in the Court. This will help to ensure that there are magistrates in the Youth Court who have expertise and experience in dealing with youth justice and child protection issues.

Clause 4 also makes changes to section 10 of the Youth Court Act, which will now be headed 'Court's principal judicial officer'. Section 10 will provide that the Judge must be a District Court Judge or the Chief Magistrate.

The Bill removes any requirement for the Judge of the Youth Court to be predominantly occupied in the Court. The Bill allows the Judge of the Youth Court to delegate his or her powers. It also provides that the Judge of the Youth Court (unless the Chief Magistrate is appointed to the role) will be responsible to the Chief Judge of the District Court for the proper and efficient discharge of his or her duties under the Youth Court Act and the District Court Act 1991.

Clause 7 makes changes to section 14 of the Youth Court Act, which relates to the constitution of the Youth Court. The changes remove the limitation on magistrates hearing major indictable matters, and clarify that special justices cannot hear major indictable matters. The changes also provide for magistrates to impose sentences of detention of up to 3 years.

Clause 9 amends the appeal mechanisms to reflect the new composition of the Youth Court. In relation to a decision of a magistrate on a major indictable matter, the appeal lies to the Full Court of the Supreme Court. There is scope in the Youth Court Act for the Chief Justice of the Supreme Court to determine that the Full Court is to be constituted of only two judges for that purpose.

The Bill also contains amendments to the Young Offenders Act 1993, Adoption Act 1988, Children's Protection Act 1993,Family Relationships Act 1975 and Judicial Administration (Auxiliary Appointments and Powers) Act 1988. These are all amendments that are either consequential on the changes to the composition of the Youth Court, or amendments that are required to ensure that the day to day work of the Youth Court is able to be exercised by the magistrates of the Youth Court.

I would like to thank all organisations who provided comments and feedback on the Bill.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Youth Court Act 1993

4—Substitution of sections 9 and 10

It is proposed to repeal both sections 9 and 10 and replace them with new sections that make provision for the constitution of the Youth Court's judiciary and its principal judicial officer, the Judge of the Court.

9—Court's judiciary

The Court's judiciary is to consist of—

the Judge of the Court; and

magistrates who are designated by proclamation as magistrates of the Court; and

special justices who are designated by proclamation as special justices of the Court.

A proclamation designating a magistrate or special justice as a member of the Court's judiciary must classify him or her as a member of the Court's principal judiciary or as a member of the Court's ancillary judiciary and, if the person is designated as a member of the Court's principal judiciary, must state a term for which he or she is to be a member of the Court's principal judiciary. A proclamation under this section may be varied or revoked by subsequent proclamation. At least 2 of the magistrates of the Court must be designated as members of the Court's principal judiciary.

The fact that a judicial officer is a member of the Court's judiciary does not prevent the judicial officer from performing judicial functions unrelated to the Court.

10—Court's principal judicial officer

The Judge of the Court is the principal judicial officer of the Court with responsibility for the administration of the Court. A District Court Judge, or the Chief Magistrate, will be designated by proclamation to be the Judge of the Court for the term stated in the proclamation (which may not be longer than 5 years). A proclamation under this proposed section may be varied or revoked by subsequent proclamation and a previous designation as Judge of the Court does not prevent the office holder from being designated by subsequent proclamation to a further term as Judge of the Court. The proposed section makes further provision relating to the office of the Judge of the Court, including giving the Judge of the Court the power to delegate a power or function conferred on the Judge of the Court under the Youth Court Act 1993 or another Act to a magistrate who is a member of the Court's principal judiciary. The appointment of a person as the Judge of the Court does not prevent the person while holding such office—

if he or she is a District Court Judge—from simultaneously holding the office, and performing the duties and exercising the powers, of a Judge of the District Court; or

if he or she is the Chief Magistrate—from simultaneously holding office, and performing the duties and exercising the powers, of the Chief Magistrate.

5—Amendment of Section 12—Registrar

6—Amendment of Section 13—Responsibilities of staff

The amendments proposed to sections 12 and 13 are consequential.

7—Amendment of section 14—Constitution of Court

Apart from the proposed amendment to section 14(2), the proposed amendments are consequential. The other amendment proposes to increase a sentence of detention that may be imposed in criminal proceedings to 3 years (rather than 2 years as is the current upper limit that may be imposed).

8—Amendment of section 15—Time and place of sittings

The proposed amendment to section 15 is consequential.

9—Amendment of section 22—Appeals

The amendments proposed to section 22 are consequential and also make it clear that an appeal against any judgment given in proceedings in the Youth Court are to be made in accordance with the rules of the appellate court. An appeal against an interlocutory judgment given by the Judge of the Court or any judgment given by a magistrate will lie to the Supreme Court constituted of a single judge. In the case of any other judgment given by the Judge of the Court, or a conviction or sentence imposed by a magistrate in relation to a major indictable offence, an appeal will lie to the Full Court of the Supreme Court. Appeals against interlocutory judgments given by magistrates and special justices, and any other judgments given by special justices, will lie to the Judge of the Court.

10—Amendment of section 32—Rules of Court

The amendment proposed to section 32 is consequential.

11—Transitional provision

This provision clarifies issues of a transitional nature resulting from the proposed amendments to the Act.

Part 3—Amendment of Young Offenders Act 1993

12—Amendment of section 4—Interpretation

The proposed amendment will delete the definition of Judge and instead rely on its use in context.

13—Amendment of section 9—Youth Justice Co-ordinators

The proposed amendments to section 9 are consequential on the changes proposed to the Youth Court Act 1993 in relation to the constitution of the Youth Court's judiciary.

14—Amendment of section 28—Power to disqualify from holding driver's licence

This proposed amendment is consequential.

15—Amendment of section 38—Establishment of Training Centre Review Board

The proposed amendment to section 38(2)(a) is related to other amendments to the proposed amendment to the constitution of the Youth Court. It is proposed that section 32(2)(a) will provide that the Judge of the Court and the magistrates who are principal members of the judiciary of the Youth Court will be members of the Training Centre Review Board.

16—Amendment of section 39—Reviews etc and proceedings of Training Centre Review Board

The amendments proposed to this section are consequential on the amendments proposed to section 38.

17—Amendment of section 63—Transfer of youths in detention to other training centre or prison

The proposed amendments to section 63 will allow applications under this section to be made to the Judge of the Court or a magistrate of the Court.

Part 4—Amendment of Adoption Act 1988

18—Amendment of section 4—Interpretation

The proposed amendments to section 4 are consequential on the changes proposed to the Youth Court Act 1993.

Part 5—Amendment of Children's Protection Act 1993

19—Amendment of section 6—Interpretation

20—Amendment of section 21—Orders Court may make

21—Amendment of section 29—Convening a family care meeting

The proposed amendments to the Children's Protection Act 1993 are consequential on the changes proposed to the Youth Court Act 1993.

Part 6—Amendment of Family Relationships Act 1975

22—Amendment of section 10EA—Court order relating to paternity

23—Amendment of section 10HB—Orders as to parents of child born under recognised surrogacy arrangements

24—Amendment of section 10HG—Power of Court to cure irregularities

The proposed amendments to the Family Relationships Act 1975 are consequential on the changes proposed to the Youth Court Act 1993.

Part 7—Amendment of Judicial Administration (Auxiliary Appointments and Powers) Act 1988

25—Amendment of section 2—Interpretation

The proposed amendment to section 2 will delete the reference to a 'Judge of the Youth Court' from the definition of judicial office. This means that an auxiliary appointment to that office will not be able to be made under this Act.

26—Amendment of section 3—Appointment of judicial auxiliaries

This proposed amendment is consequential on the amendment proposed in the previous clause.

Debate adjourned on motion of Hon. J.S.L. Dawkins.