CRIMES (SENTENCE ADMINISTRATION) ACT 2005
Table of Provisions
CHAPTER 1--PRELIMINARY
CHAPTER 2--OBJECT AND PRINCIPLES
- 6 Main object of Act
- 7 Treatment of sentenced offenders
- 8 Treatment of remandees
- 9 Treatment of other people in custody
CHAPTER 3--IMPRISONMENT AND REMAND—COMMITTAL
PART 3.1--IMPRISONMENT
- 10 Application—pt 3.1
- 11 Effect of committal order
- 12 Warrant for imprisonment
- 13 Custody of sentenced offender
- 14 Imprisonment not affected by want of proper warrant
PART 3.2--REMAND
- 15 Application—pt 3.2
- 16 Effect of remand order
- 17 Warrant for remand
- 18 Custody of remandee
- 19 Remand not affected by want of proper warrant
PART 3.3--COMMITTAL--MISCELLANEOUS
CHAPTER 4--FULL-TIME DETENTION
PART 4.1--GENERAL
PART 4.2--SERVING FULL-TIME DETENTION
- 24 Full-time detention obligations
- 25 Full-time detention—director-general directions
- 26 Full-time detention in ACT or NSW
- 27 Guidelines—allocation of detainees to correctional centres
- 28 Work and activities by full-time detainee
- 29 Custody of full-time detainee—lawful absence from correctional
- 30 Unlawful absence by offender—extension of sentence
- 31 Early release of offender
- 32 Release at end of sentence
- 33 Offender not to be released if serving another sentence etc
PART 4.3--FULL-TIME DETENTION IN NSW
- 34 Application—pt 4.3
- 35 Removal of full-time detainee to NSW
- 36 Full-time detention in NSW
- 37 Full-time detention—return from NSW
- 38 Full-time detention—release in NSW
CHAPTER 5--INTENSIVE CORRECTION ORDERS
PART 5.1--PRELIMINARY
PART 5.2--SERVING INTENSIVE CORRECTION
- 41 Intensive correction order obligations
- 42 Intensive correction order—core conditions
- 43 Intensive correction order—alcohol and drug tests
- 43A Intensive correction order—end
PART 5.3--INTENSIVE CORRECTION ORDER--COMMUNITY SERVICE WORK
- 44 Application—pt 5.3
- 45 Intensive correction orders—compliance with community service
- 46 Intensive correction orders—community service work—director-general
- 47 Intensive correction orders—community service work—failure to report
- 48 Intensive correction orders—community service work—maximum daily
- 48A Intensive correction orders—community service work—therapy and education
- 49 Intensive correction orders—community service work—health
- 50 Intensive correction orders—community service work—alcohol and drug
- 51 Intensive correction orders—community service work—reports by
PART 5.4--INTENSIVE CORRECTION ORDER--REHABILITATION PROGRAMS
- 52 Application—pt 5.4
- 53 Intensive correction orders—rehabilitation program
- 54 Intensive correction orders—rehabilitation programs—director-general
- 55 Intensive correction orders—rehabilitation program providers—reports by
PART 5.5--INTENSIVE CORRECTION ORDER--CURFEW
PART 5.6--SUPERVISING INTENSIVE CORRECTION ORDERS
Division 5.6.1--Intensive correction orders—supervision
- 59 Corrections officers to report breach of intensive correction order
- 60 Arrest without warrant—breach of intensive correction order
- 61 Arrest warrant—breach of intensive correction order
Division 5.6.2--Intensive correction orders—breach
- 62 Board inquiry—breach of intensive correction order
- 63 Notice of inquiry—breach of intensive correction order
- 64 Board powers—breach of intensive correction order
- 65 Cancellation of intensive correction order on further conviction etc
- 66 Cancellation of intensive correction order if offender withdraws consent
Division 5.6.3--Suspension and cancellation of intensive correction order
- 67 Application—div 5.6.3
- 68 Notice of board decisions about intensive correction order
- 69 Intensive correction order—effect of suspension or cancellation
- 70 Intensive correction orders—effect of suspension or cancellation on other intensive
- 71 Intensive correction orders—effect of suspension or cancellation on
- 72 Suspension or cancellation of intensive correction order—recommittal to full-time
- 73 Cancellation of intensive correction order—offender may apply for order to be
PART 5.7--INTENSIVE CORRECTION ORDERS--AMENDMENT OR DISCHARGE
- 74 Court powers—amendment or discharge of intensive correction
- 75 Intensive correction orders—limitations on amendment or
PART 5.8--INTENSIVE CORRECTION ORDERS--REPORTING AND RECORDS
PART 5.9--INTENSIVE CORRECTION ORDERS--MISCELLANEOUS
- 78 Intensive correction order proceedings—rights of interested
- 78A Intensive correction order cancellation by court—official notice of
- 79 Intensive correction order—court and board powers after end of
- 80 Intensive correction orders—outstanding warrants—extension of
CHAPTER 5A--DRUG AND ALCOHOL TREATMENT ORDERS
PART 5A--.1 PRELIMINARY
- 82 Application—ch 5A
PART 5A--.2 DRUG AND ALCOHOL TREATMENT ORDERS--UNDERTAKING TREATMENT
- 82A Drug and alcohol treatment order—drug and alcohol tests
PART 5A--.3 DRUG AND ALCOHOL TREATMENT ORDERS--EFFECT OF CANCELLATION
PART 5A--.4 DRUG AND ALCOHOL TREATMENT ORDERS--REPORTING AND RECORDS
CHAPTER 6--GOOD BEHAVIOUR ORDERS
PART 6.1--UNDERTAKING GOOD BEHAVIOUR
- 83 Application—ch 6
- 84 Definitions—ch 6
- 85 Good behaviour obligations
- 86 Good behaviour—core conditions
- 87 Good behaviour—director-general directions
- 88 Good behaviour order—end
PART 6.2--GOOD BEHAVIOUR--COMMUNITY SERVICE WORK
- 89 Application—pt 6.2
- 90 Good behaviour orders—compliance with community service
- 91 Good behaviour orders—community service work—director-general
- 92 Good behaviour orders—community service work—failure to report
- 93 Good behaviour orders—community service work—maximum daily
- 93A Good behaviour orders—community service work—therapy and education
- 94 Good behaviour orders—community service work—health
- 95 Good behaviour orders—community service work—alcohol and drug
- 96 Good behaviour orders—community service work—frisk
- 97 Good behaviour orders—community service work—reports by
PART 6.3--GOOD BEHAVIOUR--REHABILITATION PROGRAMS
- 98 Application—pt 6.3
- 99 Good behaviour orders—compliance with rehabilitation program
- 100 Good behaviour orders—rehabilitation programs—director-general
- 101 Good behaviour orders—rehabilitation program providers—reports by
PART 6.4--GOOD BEHAVIOUR--SUPERVISION
- 102 Good behaviour—breach of good behaviour obligation
- 103 Arrest without warrant—breach of good behaviour obligations
- 104 Arrest warrant—breach of good behaviour obligations etc
- 105 Good behaviour—agreement to attend court
- 106 Good behaviour—summons to attend court
PART 6.5--GOOD BEHAVIOUR ORDERS--BREACH
- 107 Offence committed while under good behaviour order
- 108 Court powers—breach of good behaviour obligations
- 109 Cancellation of good behaviour order made as non-conviction order
- 110 Cancellation of good behaviour order with suspended sentence order
- 111 Enforcing security under good behaviour order
PART 6.6--GOOD BEHAVIOUR ORDERS--AMENDMENT AND DISCHARGE
- 112 Court powers—amendment or discharge of good behaviour order
- 113 Good behaviour orders—limitations on amendment or
- 114 Good behaviour orders—effect of amendment on sureties
PART 6.7--GOOD BEHAVIOUR--MISCELLANEOUS
- 115 Good behaviour proceedings—rights of interested person
- 116 Good behaviour—court powers after end of order
CHAPTER 6A--COURT IMPOSED FINES
PART 6A--.1 GENERAL
PART 6A--.2 PENALTY NOTICES, DEFAULT NOTICES AND PAYMENT ARRANGEMENTS
- 116C Registrar to send penalty notice
- 116D Offender to give registrar contact details
- 116E Registrar may ask other people for offender's contact details
- 116F Doubtful service
- 116G Liability for administrative fee
- 116H Default notice
- 116I Form of default notice
- 116J Reminder notice
- 116K Payment arrangements
PART 6A--.3 FINE ENFORCEMENT ACTION
Division 6A--.3.1 Reporting fine defaulters
Division 6A--.3.2 Examining fine defaulter's financial circumstances
- 116O Examination by director-general
- 116P Examination notice
- 116Q Examination notice—content
- 116R Examination warrant—issue
- 116S Examination warrant—contents and execution
- 116T Examination hearing before registrar
- 116U Examination hearing warrant—issue
- 116V Examination hearing warrant—contents and execution
Division 6A--.3.3 Fine enforcement orders—general
- 116W Director-general may apply for fine enforcement order
- 116X Magistrates court may make fine enforcement order
Division 6A--.3.4 Fine enforcement orders—earnings redirection orders
- 116Y Fine enforcement order—earnings redirection order
Division 6A--.3.5 Fine enforcement orders—financial institution deduction orders
- 116Z Financial institution deduction order
Division 6A--.3.6 Fine enforcement orders—property seizure orders
- 116ZA Property seizure order
- 116ZB Property seizure order—authority to enter premises etc
- 116ZC Property seizure order—sale of seized property
- 116ZD Property seizure order—restoration application
Division 6A--.3.7 Voluntary community work orders
- 116ZE Voluntary community work order
- 116ZF Voluntary community work order—administration
- 116ZG Voluntary community work order—rate of discharge of outstanding
- 116ZH Voluntary community work order—noncompliance
- 116ZI Voluntary community work order—certificate of completion
- 116ZJ Voluntary community work order—ends if outstanding fine paid
Division 6A--.3.8 Imprisonment
- 116ZK Imprisonment order
- 116ZM Imprisonment—rate of discharge of outstanding fine
- 116ZN Imprisonment—release if outstanding fine paid
PART 6A--.4 MISCELLANEOUS
- 116ZO Remission of fine by director-general
- 116ZP Time served in custody to count
- 116ZQ Reparation order agreements
- 116ZR Apportionment of fine amounts
- 116ZS Conviction or order quashed or set aside
- 116ZT Sharing information
- 116ZU Orders may be made on conditions
CHAPTER 7--PAROLE
PART 7.1--PAROLE--GENERAL
- 117 Definitions—ch 7
- 118 Meaning of parole eligibility date
- 118A Parole—meaning of registered victim and victim
PART 7.2--MAKING OF PAROLE ORDERS
- 119 Application—pt 7.2
- 120 Criteria for making parole orders
- 121 Applications for parole
- 122 Board may reject parole application without inquiry
- 123 Board to seek victim's views for parole inquiry
- 124 Notice to victims for parole inquiry
- 125 Parole applications—inquiry without hearing
- 126 Parole applications—decision after inquiry without hearing
- 127 Parole applications—notice of hearing
- 128 Parole applications—failure of offender to participate in
- 129 Parole applications—decision after hearing
- 130 Parole orders may include conditions
- 131 When parole orders take effect
- 132 Explanation of parole order
- 133 Notice of decisions on parole applications
PART 7.3--RELEASE UNDER PAROLE ORDER
- 134 Application—pt 7.3
- 135 Release authorised by parole order
- 136 Parole obligations
- 137 Parole order—core conditions
- 138 Parole—director-general directions
- 138A Parole—alcohol and drug tests
- 139 Parole—effect of custody during order
- 140 Parole—when time is served against sentence
- 141 Parole—end of order
PART 7.4--SUPERVISING PAROLE
Division 7.4.1--Supervising parole—preliminary
- 142 Application—pt 7.4
Division 7.4.2--Breach of parole obligations
- 143 Corrections officers to report breach of parole obligations
- 144 Arrest without warrant—breach of parole obligations
- 145 Arrest warrant—breach of parole obligations
- 146 Board inquiry—breach of parole obligations
- 147 Notice of inquiry—breach of parole obligations
- 148 Board powers—breach of parole obligations
- 149 Automatic cancellation of parole order for ACT offence
- 150 Cancellation of parole order for non-ACT offence
- 151 Cancellation after parole order has ended
- 152 Exercise of board functions after parole ended
Division 7.4.3--Parole management
- 153 Board inquiry—management of parole
- 154 Notice of inquiry—management of parole
- 155 Parole order—commencement suspended before parole release
- 156 Board powers—management of parole
PART 7.5--CHANGE OR CANCELLATION OF PAROLE
- 157 Notice of board decisions about parole
- 158 When changes to parole obligations take effect
- 159 When board cancellation of parole order takes effect
- 160 Parole order—effect of cancellation
- 161 Cancellation of parole—recommittal to full-time detention
PART 7.5A--PAROLE TIME CREDIT
Division 7.5A--.1 Preliminary
Division 7.5A--.2 Parole time credit—rules for applying
- 161C General rule
- 161D Exceptions—certain ACT offences
- 161E Exceptions—certain non-ACT offences
- 161F Appeal to Supreme Court—order by board
Division 7.5A--.3 Parole time credit—how to apply
- 161G Working out parole time credit—general rule
- 161H Working out parole time credit—exceptions
- 161I Parole time credit—shortest period to apply
PART 7.6--INTERSTATE TRANSFER OF PAROLE ORDERS
- 162 Definitions—pt 7.6
- 163 Parole order transfer—declaration of corresponding parole
- 164 Parole order transfer—registration requests
- 165 Parole order transfer—documents for registration requests
- 166 Parole order transfer—consideration of requests
- 167 Parole order transfer—registration
- 168 Parole order transfer—effect of registration under this Act
- 169 Parole order transfer—effect of transfer to another
- 170 Parole order transfer—evidence of registration
CHAPTER 8--SENTENCE ADMINISTRATION BOARD
PART 8.1--ESTABLISHMENT, FUNCTIONS AND CONSTITUTION OF BOARD
- 171 Establishment of board
- 172 Functions of board
- 173 Members of board
- 174 Appointment of board members
- 175 Conditions of appointment of board members
- 176 Term of appointment of board member
- 177 Disclosure of interests by board members
- 178 Ending board member appointments
- 179 Protection from liability for board members etc
PART 8.2--DIVISIONS OF BOARD
- 180 Meaning of board's supervisory functions
- 181 Exercise of board's supervisory functions
- 182 Constitution of divisions of board
PART 8.3--PROCEEDINGS OF BOARD
- 183 Time and place of board meetings
- 184 Presiding member at board meetings
- 185 Quorum at board meetings
- 186 Voting at board meetings
- 187 Conduct of board meetings
- 188 Authentication of board documents
- 189 Evidentiary certificate about board decisions
- 190 Proof of certain board-related matters not required
- 191 Board secretary
- 192 Confidentiality of board information
CHAPTER 9--INQUIRIES BY BOARD
PART 9.1--INQUIRIES--GENERAL
- 193 Meaning of inquiry
- 194 Application of Criminal Code, ch 7
- 195 Board inquiries and hearings
- 196 Conduct of inquiry
- 197 Submissions for inquiry
- 198 Board may require official reports
- 199 Board may require information and documents
- 200 Expenses—production of documents etc
- 201 Possession of inquiry documents etc
- 202 Record of inquiry
PART 9.2--HEARINGS FOR INQUIRY
- 203 Application—pt 9.2
- 204 Notice of board hearing
- 205 Appearance by offender at board hearing
- 206 Arrest of offender for board hearing
- 207 Appearance at board hearing by audiovisual or audio link
- 208 Evidence at board hearings etc
- 209 Offender's rights at board hearing
- 210 Custody of offender during board hearing adjournment
- 211 Record of board hearings
- 212 Protection of witnesses etc at board hearings
CHAPTER 10--VICTIM AND OFFENDER INFORMATION
- 213 Meaning of registered victim
- 214 Meaning of victim
- 215 Victims register—offenders other than young offenders
- 215A Victims register—young offenders
- 216 Disclosures to registered victims—offenders other than young
- 216A Disclosures to registered victims—young offenders
CHAPTER 11--TRANSFER OF PRISONERS
PART 11.1--INTERSTATE TRANSFER OF PRISONERS
Division 11.1.1--Interstate transfer—preliminary
- 217 Definitions—pt 11.1
- 218 Interstate transfer—meaning of sentence of imprisonment
- 219 Interstate transfer—person subject to sentence of
- 220 Interstate transfer—effect of warrant of commitment issued by justice of the
- 221 Interstate transfer—corresponding courts and interstate laws
Division 11.1.2--Interstate transfer—prisoner's welfare
- 222 Interstate transfer—requests from ACT and joint prisoners for transfer to
- 223 Interstate transfer—requests from ACT and joint prisoners for transfer to
- 224 Interstate transfer—effect of div 11.1.2 orders on joint
- 225 Interstate transfer—repeated requests for transfer
- 226 Interstate transfer—receipt of request for transfer to ACT
- 227 Interstate transfer—reports
Division 11.1.3--Interstate transfer—trials and sentences
- 228 Interstate transfer—request for transfer to participating state
- 229 Interstate transfer—necessary consents
- 230 Interstate transfer—order for prisoner to be brought before Magistrates
- 231 Interstate transfer—order of transfer
- 232 Interstate transfer—review of Magistrates Court decision
- 233 Interstate transfer—effect of div 11.1.3 orders on joint
- 234 Interstate transfer—execution of orders for prisoners to be brought before
- 235 Interstate transfer—request by Attorney-General for transfer of imprisoned person to
- 236 Interstate transfer—request by imprisoned person for transfer to
Division 11.1.4--Interstate transfer—return to original jurisdiction
- 237 Interstate transfer—return of prisoner to participating state
- 238 Interstate transfer—prisoner's request to serve sentence in
- 239 Interstate transfer—effect of div 11.1.4 orders on joint
Division 11.1.5--Interstate transfer—operation of transfer orders
- 240 Interstate transfer—transfer in custody of escort
- 241 Interstate transfer—transfer of sentence with prisoner
- 242 Interstate transfer—information sent to participating state
- 243 Interstate transfer—translated sentences
- 244 Interstate transfer—operation of translated sentences generally
- 245 Interstate transfer—indeterminate translated sentences
- 246 Interstate transfer—effect of translated sentences before transfer to
- 247 Interstate transfer—default imprisonment for translated
Division 11.1.6--Interstate transfer—other provisions
- 248 Interstate transfer—notification to prisoners of decisions
- 249 Interstate transfer—lawful custody for transit through ACT
- 250 Interstate transfer—escape from custody of person being
- 251 Interstate transfer—offence for escape from custody
- 252 Interstate transfer—revocation of order of transfer on escape from
PART 11.2--INTERNATIONAL TRANSFER OF PRISONERS
- 253 International transfer—object of pt 11.2
- 254 International transfer—meaning of Commonwealth Act
- 255 International transfer—terms defined Commonwealth Act
- 256 International transfer—Minister's functions
- 257 International transfer—functions of prison officers, police officers
- 258 International transfer—arrangements for administration of Commonwealth
- 259 International transfer—prisoners transferred to Australia
- 260 International transfer—prisoners transferred from Australia
CHAPTER 12--TRANSFER OF COMMUNITY-BASED SENTENCES
PART 12.1--TRANSFER OF COMMUNITY-BASED SENTENCES--GENERAL
- 261 Community-based sentence transfer—purpose of ch 12
- 262 Community-based sentence transfer—application of ch 12
- 263 Community-based sentence transfer—definitions ch 12
PART 12.2--TRANSFER OF COMMUNITY-BASED SENTENCES--IMPORTANT CONCEPTS
- 264 Meaning of community-based sentence
- 265 Community-based sentence transfer—jurisdictions and participating
- 266 Community-based sentence transfer—local and interstate sentences
- 267 Meaning of corresponding community-based sentence law
- 268 Community-based sentence transfer—local and interstate authorities
PART 12.3--TRANSFER OF COMMUNITY-BASED SENTENCES--ADMINISTRATION
- 269 Community-based sentence transfer—appointment of local authority
- 270 Community-based sentence transfer—delegation by local authority
- 271 Community-based sentence transfer—local register
PART 12.4--TRANSFER OF COMMUNITY-BASED SENTENCES--REGISTRATION OF INTERSTATE SENTENCES IN ACT
- 272 Community-based sentence transfer—request for transfer of interstate
- 273 Community-based sentence transfer—form of request for registration
- 274 Community-based sentence transfer—request for additional information
- 275 Community-based sentence transfer—withdrawal of offender's
- 276 Community-based sentence transfer—registration criteria
- 277 Community-based sentence transfer—decision on request
- 278 Community-based sentence transfer—preconditions for registration
- 279 Community-based sentence transfer—how interstate sentence registered
- 280 Community-based sentence transfer—notice of registration
- 281 Community-based sentence transfer—effect of registration generally
PART 12.5--TRANSFER OF COMMUNITY-BASED SENTENCES--REGISTRATION OF ACT SENTENCES INTERSTATE
- 282 Community-based sentence transfer—request for transfer of local
- 283 Community-based sentence transfer—response to request for additional
- 284 Community-based sentence transfer—effect of interstate registration
PART 12.6--TRANSFER OF COMMUNITY-BASED SENTENCES--OTHER PROVISIONS
- 285 Community-based sentence transfer—inaccurate information about local sentence registered
- 286 Community-based sentence transfer—dispute about accuracy of information in interstate
- 287 Community-based sentence transfer—evidentiary certificates for registration and registered
CHAPTER 13--RELEASE ON LICENCE, REMISSION AND PARDON
PART 13.1--RELEASE ON LICENCE
Division 13.1.1--Release on licence—general
Division 13.1.2--Grant of licence
- 290 Release on licence—request for board recommendation
- 291 Release on licence—notice of board inquiry
- 292 Release on licence—board to seek victim's views
- 293 Release on licence—criteria for board recommendations
- 294 Release on licence—board recommendations
- 295 Release on licence—decision by Executive
- 296 Release on licence—grant
- 297 Explanation of licence
- 298 Release on licence—notice of Executive decision
Division 13.1.3--Operation of licences
- 299 Release authorised by licence
- 300 Release on licence obligations
- 301 Release on licence—core conditions
- 302 Release on licence—director-general directions
- 302A Release on licence—alcohol and drug tests
- 303 Release on licence—sentence not discharged
Division 13.1.4--Supervision of licensees
- 303A Corrections officers to report breach of release on licence obligations
- 304 Arrest without warrant—breach of release on licence
- 305 Arrest warrant—breach of release on licence obligations
- 306 Board inquiry—review of release on licence
- 307 Board inquiry—notice of review of release on licence
- 308 Board powers—review of release on licence
- 309 Release on licence—automatic cancellation of licence for ACT
- 310 Release on licence—cancellation of licence for non-ACT
- 311 Release on licence—notice of board's decision on review
- 312 Cancellation of licence—recommittal to full-time detention
PART 13.2--REMISSIONS AND PARDONS
CHAPTER 14--COMMUNITY SERVICE WORK—GENERAL
- 315 Definitions—ch 14
- 316 Meaning of community service work
- 317 Protection from liability for people involved in community service
- 318 Community service work not to displace employees
- 319 No employment contract for community service work
- 320 Community service work—work health and safety
CHAPTER 14A--SENTENCE ADMINISTRATION—YOUNG OFFENDERS
PART 14A--.1 GENERAL
- 320A Purpose—ch 14A
- 320B Youth justice principles to be considered
- 320C Young offenders and remandees—references to correctional centre and Corrections
- 320D Young offenders and remandees—references to
- 320E Young remandees—remand to be at detention place
- 320F Young offenders—administration of sentences other than
- 320G Young offenders—breach of good behaviour obligations
- 320H Sentencing court to deal with breaches
- 320I Young offenders—transfer
- 320J Young offenders—transfer of community-based sentences
PART 14A--.2 YOUNG OFFENDERS--ACCOMMODATION ORDERS
CHAPTER 15--MISCELLANEOUS
- 321 Director-general directions—general
- 321AA Director-general to give information—detainees etc subject to forensic mental health
- 321A Evidentiary certificates
- 322 Criminology or penology research
- 323 Determination of fees
- 324 Approved forms
- 325 Regulation-making power