New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Administration of Sentences)
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Administration of Sentences)
Act 1999 No 93 2
4 Amendment of other Acts 2
5 Repeal of Act 2
Schedule 1 Amendment of Crimes (Administration of Sentences)
Act 1999 3
Schedule 2 Amendment of other Acts 13
b2008-118-36.d18
New South Wales
Crimes (Administration of Sentences)
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Crimes (Administration of Sentences) Act 1999 and certain
other Acts to make further provision for the establishment, control and management
of correctional centres and other residential facilities for offenders, the detention of
offenders and the administration of sentences.
Clause 1 Crimes (Administration of Sentences) Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Administration of Sentences) Amendment 3
Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Amendment of Crimes (Administration of Sentences) Act 1999 No 93 7
The Crimes (Administration of Sentences) Act 1999 is amended as set 8
out in Schedule 1. 9
4 Amendment of other Acts 10
The Acts specified in Schedule 2 are amended as set out in that 11
Schedule. 12
5 Repeal of Act 13
(1) This Act is repealed on the day following the day on which all of the 14
provisions of this Act have commenced. 15
(2) The repeal of this Act does not, because of the operation of section 30 16
of the Interpretation Act 1987, affect any amendment made by this Act. 17
Page 2
Crimes (Administration of Sentences) Amendment Bill 2008
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
Schedule 1 Amendment of Crimes (Administration 1
of Sentences) Act 1999 2
(Section 3) 3
[1] Section 3 Interpretation 4
Omit "or (c1)" from the definition of convicted inmate in section 3 (1). 5
Insert instead ", (c1), (d1) or (d2)". 6
[2] Section 3 (1) 7
Insert in alphabetical order: 8
residential facility means any premises declared to be a 9
residential facility by a proclamation in force under section 236L. 10
[3] Section 4 Application of Part 11
Insert after section 4 (1) (d1): 12
(d2) any person who is the subject of a warrant under section 13
170 (1) (a) of the Defence Force Discipline Act 1982 of the 14
Commonwealth by which an authorised officer under that 15
Act has committed the person to a correctional centre 16
pursuant to a punishment of imprisonment imposed under 17
that Act, and 18
(d3) any person who is a detainee within the meaning of the 19
Migration Act 1958 of the Commonwealth and who is held 20
in a correctional centre as referred to in paragraph (b) (ii) 21
of the definition of immigration detention in section 5 of 22
that Act, and 23
[4] Section 4 (3) 24
Omit "or (c1)". Insert instead ", (c1), (d1) or (d2)". 25
[5] Section 6 Work performed by inmates 26
Omit section 6 (2). Insert instead: 27
(2) The general manager may direct a convicted inmate, or such 28
classes or groups of convicted inmates as the Commissioner may 29
from time to time determine, to carry out community service 30
work, or any work for the Department or a public or local 31
authority: 32
(a) within the correctional centre in which the inmate is 33
imprisoned, or 34
Page 3
Crimes (Administration of Sentences) Amendment Bill 2008
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
(b) within the correctional complex in which the inmate is 1
imprisoned but outside the correctional centre, or 2
(c) outside the correctional complex in which the inmate is 3
imprisoned. 4
[6] Section 75 Confiscation of property 5
Insert "destroyed or otherwise" after "to be" in section 75 (2). 6
[7] Section 76A Inmates' money 7
Insert "(other than money that it is unlawful for the inmate to acquire or retain 8
possession of while in custody)" after "behalf" in section 76A (1) (c). 9
[8] Section 79 Regulations 10
Insert "(including money)" after "property" in section 79 (h). 11
[9] Section 79 (h2) and (h3) 12
Omit section 79 (h2). Insert instead: 13
(h2) the seizure, forfeiture and destruction or other disposal of 14
any property (including money): 15
(i) brought into a correctional centre or correctional 16
complex by any person in contravention of this Act, 17
the regulations or any other law, or 18
(ii) found within, sent to or delivered to a correctional 19
centre or correctional complex and that it is 20
unlawful for an inmate to acquire or retain 21
possession of under this Act, the regulations or any 22
other law, 23
(h3) the seizure, forfeiture and destruction or other disposal of 24
any drug, or any thing reasonably suspected of being a 25
drug: 26
(i) in the possession of an inmate, or 27
(ii) in the possession of any other person in a 28
correctional centre or correctional complex, or 29
(iii) found within a correctional centre or correctional 30
complex, or 31
(iv) sent to or delivered to a correctional centre or 32
correctional complex, 33
[10] Section 110 Duration of community service order 34
Insert after section 110 (a): 35
(b) until the expiry of the relevant maximum period, or 36
Page 4
Crimes (Administration of Sentences) Amendment Bill 2008
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
[11] Section 110 (2) 1
Insert at the end of section 110: 2
(2) This section is subject to section 114. 3
[12] Section 114 Extension of period of community service order 4
Insert after section 114 (1): 5
(2) Such an application may be made even if the relevant maximum 6
period for the community service order has expired. 7
[13] Section 114 (4) 8
Insert after section 114 (3): 9
(4) If an application to the Local Court for an extension of the 10
relevant maximum period is made: 11
(a) by the offender's assigned officer, or by the offender with 12
the written consent of the offender's assigned officer, and 13
(b) before the expiry of the relevant maximum period, 14
the community service order is taken to remain in force, even if 15
the relevant maximum period expires, until the application is 16
determined by the Local Court. 17
[14] Section 115 Revocation of community service orders 18
Insert after section 115 (2A): 19
(2B) For the purpose only of determining an application under this 20
section, a community service order is taken to be in force even if 21
the relevant maximum period has expired. 22
[15] Section 137A Consideration of parole in subsequent years 23
Omit "the anniversary of an offender's parole eligibility date" from section 24
137A (1). 25
Insert instead "an offender's annual review date". 26
[16] Section 137A (1A) 27
Insert after section 137A (1): 28
(1A) For the purposes of this section, an offender's annual review 29
date occurs on each anniversary of the offender's parole 30
eligibility date. 31
Page 5
Crimes (Administration of Sentences) Amendment Bill 2008
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
[17] Section 137A (2) 1
Omit "the anniversary of the offender's parole eligibility date". 2
Insert instead "the offender's annual review date". 3
[18] Section 138 Release of offender on parole 4
Insert after section 138 (1AA) (a): 5
(a1) if the order is made following an application by the 6
offender referred to in section 137A, and is made before 7
the offender's annual review date (within the meaning of 8
that section), a period beginning no earlier than the 9
offender's annual review date and ending no later than 35 10
days after that date, and 11
[19] Section 143A Consideration of parole in subsequent years 12
Omit "the anniversary of a serious offender's parole eligibility date" from 13
section 143A (1). 14
Insert instead "an offender's annual review date". 15
[20] Section 143A (1A) 16
Insert after section 143A (1): 17
(1A) For the purposes of this section, an offender's annual review 18
date occurs on each anniversary of the offender's parole 19
eligibility date. 20
[21] Section 143A (2) 21
Omit "the anniversary of the offender's parole eligibility date". 22
Insert instead "the offender's annual review date". 23
[22] Section 151 Release of serious offender on parole 24
Insert after section 151 (1) (a): 25
(a1) if the order is made following an application by the 26
offender referred to in section 143A, and is made before 27
the offender's annual review date (within the meaning of 28
that section), a period beginning no earlier than the 29
offender's annual review date and ending no later than 35 30
days after that date, and 31
[23] Section 193A Access to documents held by Parole Authority 32
Insert ", or a victim's authorised agent," after "serious offender" in section 33
193A (2). 34
Page 6
Crimes (Administration of Sentences) Amendment Bill 2008
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
[24] Section 193A (3) and (4) 1
Insert after section 193A (2): 2
(3) In this section, authorised agent means a person who is 3
authorised in writing by a victim and by the Commissioner to act 4
as agent for that victim. 5
(4) A victim may revoke an authorisation under this section at any 6
time by notice in writing to the Commissioner. 7
[25] Section 197 Functions of Review Council 8
Omit section 197 (3). 9
[26] Section 197A 10
Insert after section 197: 11
197A Review Council constituted by Chairperson alone in certain 12
circumstances 13
(1) The regulations may require any of the Review Council's 14
functions under Division 2 (Segregated and protective custody) 15
of Part 2, in relation to a specified class of inmate, to be exercised 16
by the Chairperson. 17
(2) Accordingly, in such a case, the Review Council is taken to be 18
constituted by the Chairperson alone. 19
(3) Any functions of the Review Council under Division 2 of Part 2 20
that are not required by the regulations to be exercised by the 21
Chairperson may be delegated by the Review Council to the 22
Chairperson or a judicial member nominated by the Chairperson. 23
[27] Section 232 Commissioner 24
Omit "and periodic detention centres" from section 232 (1) (a). 25
Insert instead ", periodic detention centres and residential facilities". 26
[28] Section 236E Definitions 27
Insert in alphabetical order in section 236E (1): 28
steroid means anabolic and androgenic steroidal agents included 29
in Schedule 4 of the Poisons List under the Poisons and 30
Therapeutic Goods Act 1966. 31
[29] Section 236F Testing of staff for alcohol, prohibited drugs and steroids 32
Insert "or steroids" after "drugs" wherever occurring in section 236F (1) (b) 33
and (3) (b). 34
Page 7
Crimes (Administration of Sentences) Amendment Bill 2008
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
[30] Section 236H Protection from liability 1
Insert "or steroid" after "drug" in section 236H (1). 2
[31] Section 236I Regulations 3
Insert "or steroids" after "drugs" wherever occurring in section 236I (e), (g) 4
and (k). 5
[32] Part 11, Division 7 6
Insert after Division 6: 7
Division 7 Residential facilities 8
236L Residential facilities 9
(1) The Governor may, by proclamation, declare any premises 10
specified or described in the proclamation to be a residential 11
facility for the purposes of this Act. 12
(2) The Governor may, by the proclamation by which any premises 13
are declared to be a residential facility or by a subsequent 14
proclamation, give a name to the residential facility. 15
(3) The Governor may, by proclamation, vary or revoke any 16
proclamation under this section. 17
236M Accommodation of offenders in residential facilities 18
(1) The Commissioner may approve the use of a residential facility 19
for any of the following purposes: 20
(a) accommodating inmates (or an approved class of inmates) 21
prior to release from custody, 22
(b) accommodating other persons who are the subject of 23
non-custodial orders (referred to as non-custodial 24
residents). 25
(2) Part 2, and the regulations relating to that Part, apply to a 26
residential facility in the same way as they apply to a correctional 27
centre, subject to this section and any modifications prescribed 28
by the regulations. 29
(3) For the purposes of the application of Part 2 to a residential 30
facility: 31
(a) a reference in that Part to an inmate includes an inmate 32
residing in a residential facility, but does not include a 33
non-custodial resident, and 34
Page 8
Crimes (Administration of Sentences) Amendment Bill 2008
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
(b) a reference in that Part to the general manager of a 1
correctional centre is taken to be a reference to the 2
manager of the residential facility, and 3
(c) the functions of a Visiting Magistrate under that Part with 4
respect to a residential facility may be exercised by any 5
Visiting Magistrate appointed under section 227. 6
(4) The regulations may provide for the application to residential 7
facilities of other provisions of this Act that apply in respect of 8
correctional centres. 9
(5) In this section, a non-custodial order means an order under 10
Division 3 of Part 2 of the Crimes (Sentencing Procedure) Act 11
1999 or a parole order. 12
236N Managers of residential facilities 13
(1) A manager of each residential facility is to be employed under 14
Chapter 1A of the Public Sector Employment and Management 15
Act 2002. 16
(2) The manager of a residential facility: 17
(a) has the care, direction, control and management of the 18
residential facility, and 19
(b) has all other functions conferred or imposed on the 20
manager by or under this or any other Act or law. 21
(3) In the exercise of the functions referred to in subsection (2) (a) 22
and (b), the manager is subject to the direction and control of the 23
Commissioner. 24
(4) The manager of a residential facility may delegate to any person 25
any of the manager's functions, other than this power of 26
delegation and other than any function delegated to the manager 27
by the Commissioner. 28
236O Residential facility officers 29
(1) The Commissioner may appoint any member of staff of the 30
Department to supervise persons residing at a residential facility 31
or to exercise other functions in relation to a residential facility 32
(referred to as a residential facility officer). 33
(2) The functions of residential facility officers are to be as 34
determined from time to time by the Commissioner. 35
(3) Those functions may include functions of a correctional officer. 36
Page 9
Crimes (Administration of Sentences) Amendment Bill 2008
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
(4) To the extent that the functions of a residential facility officer 1
include the functions of a correctional officer, the residential 2
facility officer has all the immunities of a correctional officer. 3
(5) A residential facility officer may exercise a function of a 4
correctional officer only in respect of the residential facility 5
where the residential facility officer is employed. 6
(6) Residential facility officers must at all times exercise their 7
functions in such manner as the Commissioner, having regard to 8
current circumstances, may from time to time direct. 9
(7) A residential facility officer may be appointed as a compliance 10
and monitoring officer under section 235G in relation to any 11
offenders (within the meaning of that section) who are residing in 12
the residential facility. 13
[33] Section 252 Places where persons in custody may be kept during 14
transfer 15
Insert at the end of the section: 16
(2) If a person being transferred is under the age of 18 years, the 17
person may also be accommodated in a detention centre (within 18
the meaning of the Children (Detention Centres) Act 1987) if it is 19
necessary or convenient to do so. 20
(3) A person detained in a detention centre under this section is taken 21
to be a detainee (within the meaning of the Children (Detention 22
Centres) Act 1987), as if the person were a person on remand, for 23
the period during which the person is detained in a detention 24
centre under this section. 25
[34] Section 260 Evidentiary certificates 26
Insert ", or in the custody of the manager of a residential facility" after 27
"periodic detention centre" in section 260 (a). 28
[35] Section 261 Address of warrant 29
Insert after section 261 (5): 30
(6) This section applies in respect of a residential facility and a 31
manager of a residential facility in the same way as it applies to a 32
correctional centre and a general manager of a correctional 33
centre. 34
Page 10
Crimes (Administration of Sentences) Amendment Bill 2008
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
[36] Schedule 1 Parole Authority 1
Omit "3 years" from clause 4. 2
Insert instead "a period (not exceeding 3 years) specified in the member's 3
instrument of appointment". 4
[37] Schedule 1, clause 14 5
Omit "4" wherever occurring in clause 14 (1) and (2). Insert instead "2". 6
[38] Schedule 5 Savings, transitional and other provisions 7
Insert at the end of clause 1 (1): 8
Crimes (Administration of Sentences) Amendment Act 2008 9
[39] Schedule 5 10
Insert with appropriate Part and clause numbering at the end of the Schedule: 11
Part Provisions consequent on enactment of 12
Crimes (Administration of Sentences) 13
Amendment Act 2008 14
Definition 15
In this Part, amending Act means the Crimes (Administration of 16
Sentences) Amendment Act 2008. 17
Community service orders 18
An amendment made to Subdivision 1 or 3 of Division 1 of Part 5 19
of this Act by the amending Act extends to a community service 20
order made before the commencement of the amendment but 21
does not extend to an application for an extension of the relevant 22
maximum period made before the commencement of the 23
amendment. 24
Parole orders 25
An amendment made to Subdivision 2 or 3 of Division 2 of 26
Part 6 of this Act by the amending Act applies only to an order 27
made by the Parole Authority on or after the commencement of 28
the amendment. 29
Page 11
Crimes (Administration of Sentences) Amendment Bill 2008
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
Term of office for appointed members of Parole Authority 1
An appointed member who was appointed before, and who held 2
office immediately before, the commencement of the amendment 3
made to clause 4 of Schedule 1 by the amending Act, is taken to 4
have been appointed for a period of 3 years from the date of the 5
member's original appointment (or most recent re-appointment, 6
if applicable). 7
Delegation of Review Council functions 8
Any delegation made under section 197 (3) that was in force 9
immediately before the repeal of that subsection by the amending 10
Act, is taken, on that repeal, to be a delegation made under 11
section 197A (3), as inserted by the amending Act. 12
Page 12
Crimes (Administration of Sentences) Amendment Bill 2008
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts 1
(Section 4) 2
2.1 Children (Detention Centres) Act 1987 No 57 3
[1] Section 9A Certain persons not to be detained in detention centres 4
Insert "or order" after "arrest warrant" in section 9A (2). 5
[2] Section 9A (2) (d) 6
Omit "his or her arrest". Insert instead "a warrant issued". 7
[3] Section 9A (2) (f) and (g) 8
Insert at the end of section 9A (2) (e): 9
, or 10
(f) a warrant issued under section 172A (1) (b), 180 (1) (b) or 11
181 (1) (a) of the Crimes (Administration of Sentences) Act 12
1999, or 13
(g) an order or warrant issued under section 38. 14
[4] Section 29 Application of Crimes (Administration of Sentences) Act 1999 15
to detainees 16
Insert at the end of the section: 17
(2) If a detainee who is being detained as a result of the revocation or 18
suspension of a parole order by the Children's Court is 19
transferred to a correctional centre, this section (subsection 20
(1) (a) excluded) continues to apply in relation to the parole order 21
as if the transferred detainee were still a detainee. Accordingly, 22
the Children's Court is to continue to exercise the functions of the 23
Parole Authority under Division 4 of Part 7 of the Crimes 24
(Administration of Sentences) Act 1999 with respect to the 25
detainee's parole order. 26
[5] Section 38 Arrest of escapees etc 27
Insert after section 38 (6): 28
(7) This section is subject to section 9A. 29
Note. Under section 9A, a person who is of or above the age of 18 years 30
who is arrested under this section is not to be detained in a detention 31
centre. Part 13 of the Crimes (Administration of Sentences) Act 1999 32
provides that such a person may be detained in a correctional centre. 33
Page 13
Crimes (Administration of Sentences) Amendment Bill 2008
Schedule 2 Amendment of other Acts
2.2 Summary Offences Act 1988 No 25 1
Section 27A Definitions 2
Omit "or periodic detention centre" from the definition of place of detention. 3
Insert instead ", periodic detention centre or residential facility". 4
Page 14
[Index] [Search] [Download] [Related Items] [Help]