Children (Amendment) Act 2015

Inquiry into alleged disciplinary breach

18. (1) The Principal Act is amended by the substitution of the following section for section 201:

“Inquiry into alleged disciplinary breach

201. (1) If a breach of children detention school discipline under—

(a) section 202(6), 203(4), 204(8), 206(8) or 215(6), or

(b) regulations made by the Minister under section 221,

(in this Part referred to as a ‘disciplinary breach’) is alleged to have been committed by a child, the Director of the children detention school concerned may decide to hold an inquiry into the alleged disciplinary breach.

(2) Where the Director decides to hold an inquiry under subsection (1), he or she shall inform the child who is alleged to have committed a disciplinary breach of the alleged disciplinary breach and of the date and time of the inquiry.

(3) The procedure relating to an inquiry may be prescribed by the Minister.

(4) At the conclusion of the inquiry, if the Director—

(a) finds that the child who is the subject of the inquiry committed a disciplinary breach, section 201A shall apply and the Director shall record the finding and any sanction imposed under that section, or

(b) does not find that the child who is the subject of the inquiry committed a disciplinary breach, he or she shall record a finding that the allegation has not been substantiated.”.

(2) The amendments to section 201 of the Principal Act effected by this section shall not apply to breaches or alleged breaches of the rules of a children detention school committed or alleged to have been committed before the commencement of this section and section 201 of the Principal Act shall apply to such breaches or alleged breaches as if subsection (1) had not been enacted.