This version of this Act contains provisions that are prospective. Status The term provision is used to describe a definable element in a piece of legislation that has legislative effect — such as a Part, Chapter or section. A version of a provision is prospective either: Children Act is up to date with all changes known to be in force on or before 14 September
Conclusion Discussions regarding mechanisms for reducing disparities in sentencing are ongoing in Australia. All of the jurisdictions have sentencing laws that provide general guidance on principles and factors to be taken into account in sentencing.
However, judges retain significant discretion and utilize an individualized approach to justice. The approach of authorizing an entity to set sentencing guidelines for particular offenses has been rejected as being contrary to these aspects of the system.
In the late s and early s, there was some movement by the courts themselves to deliver guideline judgments, but this has not been widely adopted and was seen by the High Court as potentially breaching constitutional provisions related to the separation of powers. There has also been considerable political debate about the need for and effectiveness of mandatory minimum sentencing laws, which have been enacted in a number of jurisdictions, often as a result of public concerns regarding sentencing for particular offenses or in individual cases.
During the last ten years, several states have established sentencing advisory councils in an effort to increase the amount of information and analysis available regarding sentencing matters. One of the broader goals of this approach is to improve public confidence in the justice system.
Sentencing Act Tas  Victoria: Sentencing Act Vic  Western Australia: Sentencing Act NT  The statutes typically contain the purposes and aims of sentencing; aggravating and mitigating factors that should be considered in sentencing mostly derived from common law ; and the Identify the current legislation guidleines and of sentences that may be imposed including, in some cases, penalty scales that provide maximum penalties for different levels of offenses.
The sentencing statutes provide general rather than prescriptive guidance, and Australian judges maintain broad sentencing discretion. As a result, political and scholarly debate has focused on mechanisms for reducing unjustified disparities in sentencing.
For example, inthe Australian Law Reform Commission completed a substantial report on sentencing of federal offenders titled Same Crime, Same Time. However, there has been some push for more prescriptive guidelines or mandatory minimum sentences in the political arena, as well as judicial debate on approaches to sentencing.
Other mechanisms not covered in detail include: Background In the s and early s there was movement towards developing a system of guideline judgments in some Australian jurisdictions. They are not precedents that must be followed. They represent a relevant indicator for the sentencing judge.
They are not intended to be applied to every case as if they were binding rules. The sentencing judge retains his or her discretion both within the guidelines as expressed, but also the discretion to depart from them if the particular circumstances of the case justify such departure.
In addition, in all these states except Western Australia the Attorney-General or other state entities can request such a judgment from the courts.
There are no legislative provisions related to guideline judgments at the federal level. The majority particularly considered that guideline judgments that set out numerical sentencing ranges for defined offenses would be unconstitutional.
Guideline Judgments in New South Wales 1. Legislative Provisions Infollowing the Jurisic judgment, the state parliament enacted legislation enabling the Attorney-General to request guideline judgments from the Court of Criminal Appeals.
No new guideline judgments have been issued in New South Wales since In addition to the judgments referred to above, in the Attorney-General submitted an application for a guideline judgment related to basic and aggravated sexual assault separate from an appeal against the sentences handed down in a particular gang rape case.
The Court of Criminal Appeals declined to issue such a judgment. Guideline Judgments in Other Jurisdictions 1. Western Australia Western Australia was the first state to enact provisions relating to guideline judgments when it passed sentencing legislation in The current provisions in the Sentencing Act WA authorize the Court of Appeal to give a guideline judgment in any proceeding that the Court considers appropriate, regardless of whether it is necessary for the purpose of determining the proceeding.
Victoria In Victoria, provisions related to guideline judgments were enacted in Part 2AA of the Sentencing Act Vic currently authorizes the Court of Appeal to give or review guideline judgments when considering an appeal against a sentence, either on its own initiative or on an application made by a party to the appeal.
Queensland Provisions related to guideline judgments were not inserted into the Penalties and Sentencing Act Qld until Part 2A of the legislation authorizes the Queensland Court of Appeal to give or review a guideline judgment either on its own initiative as part of a proceeding  or on the application of the Attorney-General, the director of public prosecutions, or the chief executive of Legal Aid Queensland.
For example, inthe Supreme Court of South Australia declined to issue a guideline judgment related to sentencing for the offense of dangerous driving causing death, stating [w]e understand the desire to identify a benchmark sentence and the sort of case it applies to. But this will not remove the need for the individual assessment of each case, and for the making of what is always a difficult decision.
The circumstances of the offences in question vary too much for the fixing of a benchmark to be wise or helpful.Identify the current legislation, guidelines, policies and procedures for safeguarding the welfare of children and young people, including e-safety.
Ultimately it is the Government that decides on all legislation. The guidelines for Concerts, Events and Organised gatherings was developed as a pilot project in The guidelines provide advice on issues that are not covered by formal legislation and contain The Guidelines for Concerts, Events and Organised Gatherings contains guidelines for rave parties.
Guidelines and Measures provides users a place to find information about AHRQ's legacy guidelines and measures clearinghouses, National Guideline Clearinghouse (NGC) and National Quality Measures Clearinghouse (NQMC). The items listed below are all of those matching the criteria you have selected: Leadership.
Child injury prevention can be integrated with broader child and adolescent health promotion strategies. Healthy public policy – a key health promotion tool – is an essential component of child injury prevention, as indicated by the impact of enforced legislation and regulations.
Guidelines on Complaint Handling Ombudsman Western Australia Serving Parliament – Serving Western Australians.