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CLAUSE NOTES
Corrections Amendment (Treatment of Sex Offenders) Bill 2015
Clause 1: Short title
Cites the Bill as the Corrections Amendment (Treatment of Sex Offenders) Act 2015.
Clause 2: Commencement
Provides for the Bill to commence on the day on which it receives Royal Assent.
Clause 3: Principal Act
Provides that the Principal Act to which the amendments apply is the Corrections Act
1997.
Clause 4: Section 3 amended (Interpretation)
Provides for the following definitions to be inserted into Section 3 of the Principal Act:
“adult” means a person who has attained 18 years of age;
“appropriate treatment” means a professional intervention to address the underlying
causes of offending behaviour of a sex offender prisoner.
“sex offender prisoner” means a prisoner whose sentence of imprisonment was
imposed on them as an adult and whose sentence was either partially or wholly for a
sexual offence.
“sexual offence” lists a range of crimes and offences of a sexual nature from the
Classification (Publications, Films and Computer Games) Enforcement Act 1995, the
Criminal Code, the Sex Industry Offences Act 2005 and the Police Offences Act 1935. The
definition also provides for a ‘sexual offence’ to include a crime or offence which is
prescribed by the regulations, and which is an offence against the law of another
jurisdiction which is of substantially the same nature as a crime or offence listed in this
definition. The definition also includes the crimes of inciting, attempting or being an
accessory after the fact for any of the crimes listed from the Criminal Code.
Clause 5 Section 31 inserted
Inserts a new section 31 in Part 4 of the Act.
Inserts a new subsection (1) and (2) to provide that if the Director is satisfied on
reasonable grounds that appropriate treatment is available for a sex offender prisoner,
the Director is to give the prisoner a reasonable opportunity to participate in
appropriate treatment.
The Director is not required to give the prisoner a reasonable opportunity if he or she
is satisfied on reasonable grounds of any of the following matters. The prisoner is
medically or psychologically unfit to participate in the treatment, the prisoner is not
cognitively capable of participating in the treatment, there is insufficient time for the
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prisoner to complete the treatment, or the prisoner’s participation could compromise
the safety, security or good order of the prison.
Inserts a new subsection (3) to provide that if the prisoner is given the opportunity to
participate in appropriate treatment, the Director is to inform the prisoner that:
non-participation or unsatisfactory participation will prevent the prisoner
from being granted remission of sentence in relation to the sexual
offence; and
participation, non-participation or unsatisfactory participation will, if the
prisoner becomes eligible for parole, be factors that the Board takes into
consideration in determining whether the prisoner should be released
on parole.
Inserts a new subsection (4) to provide that if the sex offender prisoner chooses to
participate in appropriate treatment, the Director is to monitor the participation and
prepare a written assessment. The written assessment is to include details relating to:
the prisoner’s attendance and compliance; and
the prisoner’s attitude, behaviour and responsiveness during treatment;
and
whether the treatment is completed and, if not completed, the reasons
for non-completion; and
whether any action is taken under subsection 31(5) to cease or suspend
the participation.
Inserts a new subsection (5) to provide that if a sex offender prisoner chooses to
participate in appropriate treatment, the Director may cease or suspend participation at
any time, if satisfied on reasonable grounds that:
the participation is unsatisfactory;
the treatment is no longer available, practicable or appropriate; or
there are other valid grounds for the cessation or suspension.
Inserts a new subsection (6) to provide that if the sex offender prisoner chooses to
participate in the appropriate treatment and becomes eligible for parole, the Director is
to give the Parole Board notice of the prisoner’s choice and a copy of the assessment
prepared under sub-section 4(b).
If the participation has not been completed and is on-going, the Director is to give the
Board a written assessment in substantially the same terms as those required under
sub-section 4(b) up to the time that the prisoner becomes eligible for parole.
Inserts a new subsection (7) to provide that if the sex offender prisoner chooses not to
participate in appropriate treatment and then becomes eligible for parole, the Director
is to give the Parole Board notice of the prisoner’s choice with relevant particulars,
including particulars of the treatment that would have been available.
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Inserts a new subsection (8) to provide that to avoid any doubt, a sex offender prisoner
may be offered more than one opportunity to participate in appropriate treatment.
However, the Director is not obliged to give the prisoner repeated opportunities to
participate, particularly if the prisoner has persistently chosen not to participate or has a
history of unsatisfactory participation in that type of treatment.
Inserts a new subsection (9) to provide that the Director may seek and have regard to
professional medical advice and other information that he or she thinks fit, for the
purpose of forming any opinions under this section.
Inserts a new subsection (10) to define ‘unsatisfactory participation’ of a sex offender
prisoner in appropriate treatment, as participation that for reasons assessed by the
Director as being within the prisoner’s control, is incomplete or non-compliant.
Clause 6 Section 72 amended (Release on parole)
Amends section 72(4) of the Principal Act by requiring that the Parole Board is to
consider any notice or assessment given to it under section 31(6) or (7) of the Act
which relates to a sex offender prisoner’s participation or non-participation in
appropriate treatment.
The notice or assessment is to be considered by the Parole Board when it is
determines whether or not a prisoner should be released on parole.
Clause 7 Principal Regulations
Provides that the Principal Regulations to which the amendments apply are the
Corrections Regulations 2008.
Clause 8 Regulation 22 amended (Remission)
Amends regulation 22 of the Principal Regulations by specifying that the Director of
Corrective Services is not to grant remission to a sex offender prisoner for a sentence
for a sexual offence, if the prisoner has been given a reasonable opportunity to
participate in appropriate treatment and the prisoner has either chosen not to
participate or has chosen to participate but the participation has been unsatisfactory
within the meaning of section 31 of the Act.
Clause 9 Further amendment, &c of Corrections Regulations 2008
Provides clarification that the provisions of the Corrections Regulations 2008 which are
amended by the Bill can subsequently be amended or rescinded by future regulations.
Clause 10: Repeal of Act
This is a standard repeal provision to remove the empty shell of the Bill after all its
provisions have been transferred and have come into effect in the Principal Act.
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