South Australian Consolidated Acts South Australian Consolidated Acts39—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 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 Judge (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—the
Training Centre Review Board will sit as the Youth Parole Board and be
constituted of—
(i)
a Judge (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;
(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, 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 on or after his or
her birthday in accordance with the Board's determination).