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This is a Bill, not an Act. For current law, see the Acts databases.
CORRECTIONS REFORM AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Brendan Smyth)
Corrections
Reform Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Brendan Smyth)
Corrections Reform
Amendment Bill 2003
A Bill for
An Act for the sentencing and rehabilitation of offenders, and for related
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Corrections Reform Amendment Act 2003.
This Act commences on 1 July 2004.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This part amends the Crimes Act 1900.
before division 15.1, insert
Division 15.1A Objects of corrections
legislation
337 Objects
(1) The corrections legislation includes the following objects:
(a) providing for the secure and safe imprisonment, care, treatment,
health management and rehabilitation of offenders;
(b) reducing the repetition of criminal and other antisocial behaviour by
offenders.
Note Corrections legislation is defined in s 339.
(2) Subsection (1) does not limit the objects of the corrections
legislation.
338 Achieving the objects
(1) The objects of the corrections legislation are to be achieved
by—
(a) enabling courts to formulate sentences for offenders using a range of
stated penalty options in each sentence that—
(i) provide incentives and opportunities for offenders to progress through
a number of custodial and other arrangements stated in the sentence;
and
(ii) can be reviewed by the sentence administration board; and
(b) enabling the use of a case management approach to rehabilitation
that—
(i) has regard to the needs of the offenders and the community;
and
(ii) involves other government agencies and the community; and
Note Case managers for offenders are appointed under the
Rehabilitation of Offenders (Interim) Act 2001.
(c) enabling the provision of rehabilitation programs
that—
(i) combine with broader based community programs; and
(ii) recognise the distinct needs of men and women, offenders of different
ages, and cultural, ethnic and other disadvantaged groups; and
(iii) involve, as appropriate, family and other support mechanisms;
and
Examples of rehabilitation
programs
health and life skills, therapeutic, education and training, sport and
recreation, and spiritual programs
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(d) establishing the framework for the delivery of custodial and other
correctional programs; and
(e) ensuring the application of the highest standards of competency,
professionalism and ethical behaviour in corrections management in the ACT;
and
(f) establishing a set of institutional, management and operational
arrangements to achieve the objects in accordance with the principles of
transparency and accountability.
(2) Subsection (1) does not limit how the objects of this Act or the
related corrections legislation may be achieved.
339 What is corrections
legislation?
In this division:
corrections legislation means the following:
(a) this part, part 18 (Conditional release of offenders) and part 19
(Community service orders);
(b) the Community Based Sentences (Transfer) Act 2003;
(c) the Parole Orders (Transfer) Act 1983;
(d) the Periodic Detention Act 1995;
(e) the Prisoners (International Travel) Act 1999;
(f) the Prisoners Interstate Leave Act 1997;
(g) the Rehabilitation of Offenders (Interim) Act 2001;
(h) the Removal of Prisoners Act 1968;
(i) the Supervision of Offenders (Community Service Orders) Act
1985.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
insert
Division 15.3 Imposition of
sentences
366A Sentences and alternatives
(1) A court may impose a sentence on an offender convicted of an offence
against a Territory law.
(2) However, instead of imposing a sentence on the offender, the court may
take action under any of the following provisions that are applicable:
• section 350 (Reparation orders)
• section 402 (Conditional release of offenders without proceeding to
conviction)
• section 403 (1) (a) (that deals with the conditional release of
offenders after proceeding to conviction, but without passing
sentence).
366B Penalty options
The court may, in a sentence, impose 1 or more of the following penalties
on an offender convicted of an offence for which a sentence of imprisonment may
be imposed:
(a) an order sentencing the offender to full-time imprisonment, including
provisions for parole and any nonparole period;
(b) a periodic detention order under the Periodic Detention Act
1995;
(c) a home detention order under the Rehabilitation of Offenders
(Interim) Act 2001, chapter 2;
(d) a community service order under section 408 (Directions to perform
work);
(e) a place restriction order under the Rehabilitation of Offenders
(Interim) Act 2001, chapter 2A;
(f) a non-association order under the Rehabilitation of Offenders
(Interim) Act 2001, chapter 2A;
(g) an order under section 403 (1) (b) (Conditional release of
offenders);
(h) a fine.
Examples of sentences and case
histories
The following are examples of hypothetical sentences that may be imposed on
an offender by a court:
1 18-months sentence, comprising a 12-months home detention order and
6-months community service order
2 10-year sentence, comprising 7-years imprisonment with a non-parole
period of 4 years followed by a 3-year place restriction order
3 2-year sentence, comprising a 1-year periodic detention order, a place
restriction for the 2 years of the sentence and 1-year non-association
order
Note 1 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Note 2
• par (b): a periodic detention order sentences an offender
to a stated number of detention periods at a stated detention centre
• par (c): a home detention order directs that an
offender’s sentence, or part of an offender’s sentence, be served by
detention at the offender’s home
• par (d): a community service order directs an offender to
perform unpaid work for a stated number of hours
• par (e): a place restriction order prohibits an offender
from going to or being in a stated place or district for a stated
period
• par (f): a non-association order prohibits an offender from
associating with a stated person for a stated period
• par (g): an order under s 403 (1) (b) sentences an offender
to a term of imprisonment, but directs that the offender be released on a
condition of giving security, either immediately or after the offender has
served a stated part of the sentence of imprisonment
366C Role of sentence administration board
(1) A sentence may be subject to any conditions, stated by the court by
order, about review by the sentence administration board, as provided by this
section.
(2) The court may order 1 or more reviews by the sentence administration
board of the sentence within stated periods, or in stated
circumstances.
(3) The court may order that a penalty mentioned in section 366B is to be
imposed on the direction of the sentence administration board after a
review.
(4) A court order for this section may also indicate circumstances in
which a penalty may, subject to conditions stated by the court, be varied on
direction by the sentence administration board after a review.
(5) However, before varying a penalty imposed on an offender, the sentence
administration board must ask the offender’s case manager to make written
submissions to the board about the proposed variation.
Note Case managers for offenders are appointed under the
Rehabilitation of Offenders (Interim) Act 2001.
(6) The sentence administration board must take into account any
submissions given to the board under subsection (5).
(7) If the sentence administration board directs the implementation of or
change to a penalty order, the order is taken to be implemented or changed as if
it had been imposed or changed by the court.
(8) If the offender breaches a penalty order, or a condition stated in an
order made for this section, the court may, by order, in addition to any other
powers the court may exercise in relation to the sentence, change the sentence
to restrict or remove the powers of the sentence administration board under this
section in relation to the offender.
(9) The court may not, by order, authorise the sentence administration
board to change:
(a) a nonparole period fixed in a sentence; or
(b) the overall term of a sentence.
(10) This section does not prevent the court, by order, changing a
condition imposed by it under subsection (1).
Examples of the role of sentence
administration board
The following are hypothetical examples about the role of the sentence
administration board in relation to sentences:
1 A court imposes on an offender a sentence of 18 months, comprising
12-months home detention followed by a 6-months community service
order.
The court also orders that the board must conduct a review after the
offender has completed 9-months home detention and that, after conducting the
review, the board may make 1 of the following directions:
(a) if the board is satisfied that the offender has achieved a meritorious
degree of rehabilitation—that the offender be released from the home
detention order and serve the remainder of the sentence on parole;
(b) if the board is satisfied that the offender has achieved a poor degree
of rehabilitation—that the offender serve the full term of the 18-months
sentence under home detention.
2 A court imposes on an offender a sentence of 10 years, comprising
imprisonment for 7 years with a non-parole period of 4 years, followed by a
place restriction order for the remaining 3 years.
The court also orders that—
(a) the board must conduct a review to consider the offender’s
parole after the offender has completed 3 years and 9 months of imprisonment;
and
(b) if the offender is granted parole, the place restriction order is to
apply for the remainder of the 10-year period of the offence.
The court further orders that the board must conduct a second review after
the offender has completed 6 years and 9 months of the sentence and that, after
the review, the board may make 1 of the following directions:
(a) if the board is satisfied that the offender has achieved a meritorious
degree of rehabilitation—that some or all of the period of the place
restriction order no longer applies and that the remainder of the sentence be
served on parole;
(b) if the board is satisfied that the offender has achieved a poor degree
of rehabilitation—that the offender be subject to a periodic detention
order for the whole or part of the remainder of the 10 year period of the
sentence.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
366D Quarterly reports by sentence administration
board
Within 15 days after the end of each quarter, the sentence administration
board must give a report of its operations under section 366C to the registrar
of the Supreme Court or Magistrates Court.
renumber divisions when Act next republished under the Legislation
Act
7 Dictionary,
new definition of corrections legislation
insert
corrections legislation, for division 15.1A (Objects of
corrections legislation)—see section 339.
Part
3 Rehabilitation of Offenders
(Interim) Act 2001
This part amends the Rehabilitation of Offenders (Interim) Act
2001.
insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
10 Meaning
of subject to imprisonment etcNew
section 5 (5)
insert
(5) A sentenced offender is subject to a non-association
order or a place restriction order if a non-association order or place
restriction order has been made for the offender, whether or not the order has
taken effect.
insert
Chapter 2A Non-association and place
restriction orders
28A Non-association and place restriction
orders
(1) This section applies to an offender who is convicted or found guilty
of an offence by a court.
(2) The court may make an order—
(a) prohibiting the offender from associating with someone else for a
stated period (a non-association order); or
(b) prohibiting the offender from often using or visiting a place or area
for a stated time (a place restriction order).
(3) A non-association order may—
(a) prohibit the offender from being in company with someone else;
or
(b) prohibit the offender from communicating in any way with someone
else.
28B Non-association and place restriction orders not
to restrict certain associations or activities
(1) A person mentioned in a non-association order as a person with whom
the offender must not associate may not include any member of the
offender’s close family.
(2) The places or areas mentioned in a place restriction order as places
or areas that the offender must not often use or visit may not include a place
that is, when the order is made—
(a) the offender’s home; or
(b) the home of any member of the offender’s close family;
or
(c) a regular place of work or business of the offender; or
(d) an educational institution where the offender is enrolled;
or
(e) a place of worship where the offender regularly attends.
(3) In this section, an offender’s close family
includes—
(a) the offender’s domestic partner; and
(b) the offender’s parents, stepparents and grandparents;
and
(c) the offender’s children, stepchildren and grandchildren;
and
(d) the offender’s brothers and sisters, and stepbrothers and
stepsisters; and
(e) the offender’s guardians or carers.
Note For the meaning of domestic partner, see
Legislation Act, s 169.
28C Explanation of non-association and place
restriction orders to offenders
(1) If a court imposes a non-association order or place restriction order
on an offender, the court must ensure that all reasonable steps are taken to
explain to the offender (in language that the offender can readily
understand)—
(a) the offender’s obligations under the order; and
(b) the consequences that may follow if the offender fails to comply with
those obligations.
(2) A non-association order or place restriction order is not invalid
because of a failure to comply with this section.
28D Suspension of non-association and place
restriction orders while offenders in custody
(1) An offender’s non-association order or place restriction order
is suspended while the offender is in lawful custody.
(2) The suspension of an offender’s non-association order or place
restriction order does not operate to postpone the date when the order
ends.
(3) A person is not taken to be in lawful custody only because the person
is serving a sentence by way of periodic or home detention.
28E Contravention of non-association and place
restriction orders
(1) An offender must not contravene a non-association order or place
restriction order.
Maximum penalty: 10 penalty units, imprisonment for 6 months, or
both.
(2) Subsection (1) does not apply if—
(a) the offender associated unintentionally with a person in contravention
of a non-association order and the offender immediately ended the association;
or
(b) the offender otherwise has a reasonable excuse for the
contravention.
28F Changing or revoking non-association and place
restriction orders after subsequent conviction
(1) This section applies to an offender who is sentenced by a court in
relation to an offence (the new offence) while subject to a
non-association order or place restriction order in relation to another offence
(the old offence).
(2) When sentencing the offender for the new offence, the court may change
or revoke the non-association order or place restriction order for the old
offence.
28G Changing or revoking non-association and place
restriction orders on application
(1) An offender who is subject to a non-association order or place
restriction order may, with the leave of the sentencing court that made the
order, apply to the court for a change to or revocation of the order.
(2) The application must be accompanied by a copy of the relevant order,
together with any changes to it that have been made.
(3) The court may give leave only if it is satisfied that, having regard
to changes in the applicant’s circumstances since the order was made or
last varied, it is in the interests of justice that leave be given.
(4) The court may refuse to consider an application for leave if it is
satisfied that the application is frivolous or vexatious.
(5) If leave is given—
(a) the court must give written notice of the application to the chief
police officer; and
(b) the chief police officer is entitled to appear and be heard in any
proceedings on the application.
(6) The court may deal with the application without conducting a
hearing.
(7) The court may—
(a) change or revoke the non-association order or place restriction order
in accordance with the application; or
(b) dismiss the application.
28H Certain information not to be
disclosed
(1) A person commits an offence if the person discloses—
(a) the fact that a named person (other than the offender) is mentioned in
a non-association order under section 28A (2) (a) (Non-association and place
restriction orders); or
(b) any information that might reasonably identify the named person as a
person mentioned in a non-association order under section 28 (2) (a).
Maximum penalty: 10 penalty units.
(2) Subsection (1) does not apply to the disclosure of information to any
of the following people:
(a) the offender;
(b) a person mentioned in the non-association order as a person with whom
the offender is prohibited or restricted from associating;
(c) a police officer;
(d) a person involved in the administration of the non-association order
or of any other penalty to which the offender is subject in relation to the same
offence;
(e) a person involved in proceedings for an alleged breach of the
non-association order;
(f) a person mentioned in the non-association order as a person to whom
the information may be disclosed;
(g) anyone else to whom the information is required or authorised to be
disclosed under a law.
(3) Subsection (1) does not apply to the disclosure of an official report
of the proceedings of a court.
(4) It is a defence to a prosecution of a person for an offence against
this section, in relation to a person named in a non-association order under
section 28 (2) (a), if the person establishes that the named person consented to
the name or information being disclosed before the disclosure
happened.
(5) An offence against this section is a strict liability
offence.
12 Functions
of boardNew section 66 (aa) and
(ab)
insert
(aa) to consider the consequences of complying with, or failing to comply
with, the terms of an order imposed as part of a sentence on a sentenced
offender; and
(ab) to review any sentence in accordance with the terms of any order made
as part of the sentence, and exercise any function given to the board in
relation to the sentence under the Crimes Act 1900, section 366C;
and
omit
renumber paragraphs when Act next republished under Legislation
Act
insert
97A Case managers—appointment and
functions
(1) The director of corrective services must, in writing, appoint a case
manager to a sentenced offender.
(2) The case manager has the functions given to him or her under this Act
or any other Territory law, or by the director of corrective services.
16 Dictionary,
new definition of case manager
insert
case manager, in relation to a sentenced offender, means the
person who is appointed a case manager to the sentenced offender under section
97A.
17 Dictionary,
new definitions
insert
non-association order—see section 28A.
place restriction order—see section 28A.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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