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.
Crimes (Sentencing Legislation)
Amendment (Intensive Correction
Orders) Bill 2010
No , 2010
A Bill for
An Act to amend the Crimes (Sentencing Procedure) Act 1999, the Crimes
(Administration of Sentences) Act 1999 and other laws to provide for sentences of
imprisonment by way of intensive community correction and to repeal provisions for
periodic detention.
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Clause 1 Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Sentencing Legislation) Amendment (Intensive 3
Correction Orders) Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 Schedule 1
Schedule 1 Amendment of Crimes (Sentencing 1
Procedure) Act 1999 No 92 2
[1] Section 3 Interpretation 3
Omit the definition of full-time detention from section 3 (1). 4
Insert instead: 5
full-time detention means imprisonment that is required to be 6
served otherwise than under an intensive correction order or by 7
way of home detention. 8
[2] Section 3 (1), definition of "home detention order" 9
Omit "section 7 (1)". Insert instead "section 6". 10
[3] Section 3 (1) 11
Insert in alphabetical order: 12
intensive correction has the same meaning as in the Crimes 13
(Administration of Sentences) Act 1999. 14
intensive correction order means an order referred to in 15
section 7. 16
[4] Section 3 (1), definitions of "periodic detention", "periodic detention 17
centre" and "periodic detention order" 18
Omit the definitions. 19
[5] Section 5 Penalties of imprisonment 20
Omit "a periodic detention order" from section 5 (5). 21
Insert instead "an intensive correction order". 22
[6] Section 6 Periodic detention 23
Omit the section. 24
[7] Section 7 Home detention 25
Renumber section 7 as section 6. 26
[8] Section 7 27
Insert as section 7: 28
7 Intensive correction orders 29
(1) A court that has sentenced an offender to imprisonment for not 30
more than 2 years may make an intensive correction order 31
Page 3
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
directing that the sentence be served by way of intensive 1
correction in the community. 2
(2) If a court makes an intensive correction order directing that a 3
sentence be served by way of intensive correction in the 4
community, the court is not to set a non-parole period for the 5
sentence. 6
(3) This section is subject to the provisions of Part 5. 7
[9] Section 25 Local Court not to impose certain penalties if offender is 8
absent 9
Omit section 25 (1) (b). Insert instead: 10
(b) an intensive correction order, 11
[10] Section 31 Definitions 12
Omit "a periodic detention order" from paragraph (b) of the definition of 13
impose a penalty. 14
Insert instead "an intensive correction order". 15
[11] Section 43 Court may reopen proceedings to correct sentencing errors 16
Omit "a periodic detention order" from paragraph (b) of the definition of 17
impose a penalty in section 43 (6). 18
Insert instead "an intensive correction order". 19
[12] Section 47 Commencement of sentence 20
Omit "section 70" from section 47 (1) (a). 21
Insert instead "section 71". 22
[13] Section 51 Conditions on parole orders 23
Omit section 51 (1B). 24
[14] Section 62 Warrant of commitment 25
Omit "a periodic detention order" from section 62 (4) wherever occurring. 26
Insert instead "an intensive correction order". 27
[15] Section 63 Offenders to be photographed and fingerprinted 28
Omit "periodic detention order" from section 63 (2). 29
Insert instead "intensive correction order". 30
Page 4
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 Schedule 1
[16] Part 5 1
Omit the Part. Insert instead: 2
Part 5 Sentencing procedures for intensive 3
correction orders 4
Division 1 Preliminary 5
64 Application 6
This Part applies in circumstances in which a court is 7
considering, or has made, an intensive correction order. 8
65 Definitions 9
In this Part: 10
assessment report means a report prepared under section 70. 11
offender's obligations under an intensive correction order means 12
the obligations that the offender has under section 82 of the 13
Crimes (Administration of Sentences) Act 1999 as a consequence 14
of the making of the order. 15
Division 2 Restrictions on power to make intensive 16
correction orders 17
66 Intensive correction not available for certain sexual offences 18
(1) An intensive correction order may not be made in respect of a 19
sentence of imprisonment for a prescribed sexual offence. 20
(2) In this section, prescribed sexual offence means: 21
(a) an offence under Division 10 or 10A of Part 3 of the 22
Crimes Act 1900, being: 23
(i) an offence the victim of which is a person under the 24
age of 16 years, or 25
(ii) an offence the victim of which is a person of any age 26
and the elements of which include sexual 27
intercourse (as defined by section 61H of that Act), 28
or 29
(b) an offence that includes the commission of, or an intention 30
to commit, an offence referred to in paragraph (a), or 31
(c) an offence that, at the time it was committed, was a 32
prescribed sexual offence within the meaning of this 33
definition, or 34
Page 5
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
(d) an offence of attempting, or of conspiracy or incitement, to 1
commit an offence referred to in paragraph (a), (b) or (c). 2
67 Suitability of offender for intensive correction order 3
(1) An intensive correction order may not be made with respect to an 4
offender's sentence of imprisonment unless the court is satisfied: 5
(a) that the offender is of or above the age of 18 years, and 6
(b) that the offender is a suitable person to serve the sentence 7
by way of intensive correction in the community, and 8
(c) that it is appropriate in all of the circumstances that the 9
sentence be served by way of intensive correction in the 10
community, and 11
(d) that the offender has signed an undertaking to comply with 12
the offender's obligations under the intensive correction 13
order. 14
(2) In deciding whether or not to make an intensive correction order, 15
the court is to have regard to: 16
(a) the contents of the assessment report on the offender 17
(prepared under section 70), and 18
(b) such evidence from the Commissioner of Corrective 19
Services as the court considers necessary for the purpose 20
of deciding whether to make such an order. 21
(3) A court may, for any reason it considers sufficient, decline to 22
make an intensive correction order despite the contents of the 23
assessment report. 24
(4) A court may make an intensive correction order with respect to 25
an offender's sentence of imprisonment only if the assessment 26
report states that, in the opinion of the person making the 27
assessment, the offender is a suitable person to serve the sentence 28
by way of intensive correction in the community. 29
(5) If a court declines to make an intensive correction order with 30
respect to an offender's sentence of imprisonment despite an 31
assessment report that states that the offender is a suitable person 32
to serve the sentence by way of intensive correction in the 33
community, the court must indicate to the offender, and make a 34
record of, its reasons for doing so. 35
(6) A sentence of imprisonment is not invalidated by a failure to 36
comply with subsection (5). 37
Page 6
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 Schedule 1
68 Concurrent and consecutive sentences 1
(1) An intensive correction order may not be made in respect of a 2
sentence of imprisonment (a new sentence) to be served 3
concurrently or consecutively (or partly concurrently and partly 4
consecutively) with any other sentence of imprisonment the 5
subject of an intensive correction order (an existing sentence) if 6
the date on which the new sentence will end is more than 2 years 7
after the date on which it was imposed. 8
(2) Any period for which an existing sentence has been extended 9
under this or any other Act is to be disregarded for the purposes 10
of this section. 11
(3) This section does not limit the operation of section 58. 12
Division 3 Assessment reports 13
69 Referral of offender for assessment 14
(1) Before imposing a sentence of imprisonment on an offender, the 15
court may refer the offender for assessment as to the suitability of 16
the offender for intensive correction in the community. 17
(2) A court is not to refer an offender for such an assessment unless 18
satisfied, having considered all the alternatives, that no sentence 19
other than imprisonment is appropriate and that the sentence is 20
likely to be for a period of no more than 2 years. 21
70 Assessment of suitability 22
(1) When an offender is referred for assessment, the Commissioner 23
of Corrective Services is to investigate and report to the court on 24
the matters referred to in section 67 (1) and such other matters as 25
the regulations may require. 26
(2) An offender's assessment report: 27
(a) must take into account, and specifically address, the 28
matters prescribed by the regulations, and 29
(b) may indicate the nature of any conditions that it would be 30
appropriate for the court to impose on an intensive 31
correction order if such an order is made. 32
(3) The regulations may make provision for or with respect to the 33
conduct of investigations and the preparation of reports for the 34
purposes of this Part. 35
Page 7
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Division 4 Miscellaneous 1
71 Commencement of sentence 2
(1) Having made an intensive correction order in relation to a 3
sentence of imprisonment, a court is to fix the date of 4
commencement of the sentence so that the date of 5
commencement is no later than 21 days after the date on which 6
the order was made. 7
(2) Subsection (1) does not apply to a sentence of imprisonment that 8
is to be served consecutively (or partly concurrently and partly 9
consecutively) with some other sentence of imprisonment the 10
subject of an intensive correction order. 11
(3) An intensive correction order is not invalidated merely because it 12
specifies a date of commencement of the sentence of 13
imprisonment that does not comply with the requirements of this 14
section. 15
72 Explanation of intensive correction order to offender 16
(1) Having made an intensive correction order in relation to an 17
offender's sentence of imprisonment, a court must ensure that all 18
reasonable steps are taken to explain to the offender (in language 19
that the offender can readily understand): 20
(a) the offender's obligations under the intensive correction 21
order, and 22
(b) the consequences that may follow if the offender fails to 23
comply with those obligations. 24
(2) An intensive correction order is not invalidated by a failure to 25
comply with this section. 26
73 Preparation and service of written notice of intensive correction 27
order 28
(1) As soon as practicable after making an intensive correction order, 29
a court must cause written notice of the order to be given to the 30
offender and to the Commissioner of Corrective Services. 31
(2) The notice must include such information about the intensive 32
correction order as may be prescribed by the regulations. 33
(3) An intensive correction order is not invalidated by a failure to 34
comply with this section. 35
Page 8
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 Schedule 1
73A Review of ICO provisions 1
(1) The Sentencing Council is to conduct a review of the provisions 2
of this Part and Part 3 of the Crimes (Administration of 3
Sentences) Act 1999 and of any regulations made for the purposes 4
of those provisions in order to ascertain whether any of those 5
provisions (or any other provisions of any other Act or 6
regulations) should be amended. 7
(2) The review is to be undertaken as soon as possible after the period 8
of 5 years from the commencement of this section and a report on 9
the outcome of the review is to be provided to the Minister and to 10
the Minister administering Part 3 of the Crimes (Administration 11
of Sentences) Act 1999 within 12 months after the end of that 12
5 years. 13
(3) The Minister is to cause a copy of the report to be tabled in each 14
House of Parliament as soon as practicable after the report is 15
received by the Minister. 16
[17] Section 80 Referral of offender for assessment 17
Omit section 80 (1A). Insert instead: 18
(1A) Despite subsection (1), an offender who has been referred for 19
assessment under section 69 (for intensive correction) is not to be 20
referred for assessment under this section (for home detention) in 21
relation to the same sentence of imprisonment unless the court 22
has decided not to make an intensive correction order with 23
respect to that sentence. 24
[18] Section 99 Consequences of revocation of good behaviour bond 25
Omit "periodic detention" from section 99 (2). 26
Insert instead "an intensive correction order". 27
[19] Section 99 (3) 28
Omit the subsection. Insert instead: 29
(3) An order made under subsection (2) is taken to be a home 30
detention order made under section 6 or an intensive correction 31
order made under section 7, as the case requires. 32
[20] Schedule 2 Savings, transitional and other provisions 33
Insert at the end of clause 1 (1): 34
Crimes (Sentencing Legislation) Amendment (Intensive 35
Correction Orders) Act 2010 (but only to the extent that it 36
amends this Act or an Act amended by Schedule 5 to that Act) 37
Page 9
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
[21] Schedule 2, Part 20 1
Insert after Part 19 of Schedule 2: 2
Part 20 Provisions consequent on enactment of 3
Crimes (Sentencing Legislation) 4
Amendment (Intensive Correction Orders) 5
Act 2010 6
61 Savings for periodic detention orders 7
(1) The repeal of section 6 (Periodic detention) does not affect the 8
continuity of operation of a periodic detention order made before 9
the repeal of that section. Such an order continues in force despite 10
the repeal of that section, subject to this Act and the Crimes 11
(Administration of Sentences) Act 1999. 12
(2) This Act and each amended Act (and the regulations under this 13
Act and each amended Act) continue to apply to and in respect of 14
the following as if the Crimes (Sentencing Legislation) 15
Amendment (Intensive Correction Orders) Act 2010 had not been 16
enacted: 17
(a) a periodic detention order made before the repeal of 18
section 6, 19
(b) a person subject to such an order, 20
(c) the revocation of such an order and the reinstatement of 21
such an order. 22
(3) In this clause, amended Act means an Act amended by 23
Schedule 5 to the Crimes (Sentencing Legislation) Amendment 24
(Intensive Correction Orders) Act 2010. 25
Page 10
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
Schedule 2 Amendment of Crimes (Administration 1
of Sentences) Act 1999 No 93 2
[1] Section 3 Interpretation 3
Omit the definition of correctional centre from section 3 (1). 4
Insert instead: 5
correctional centre means: 6
(a) any premises declared to be a correctional centre by a 7
proclamation in force under section 225, including any 8
juvenile correctional centre declared under section 225A, 9
and 10
(b) any police station or court cell complex in which an 11
offender is held in custody in accordance with this or any 12
other Act. 13
[2] Section 3 (1), definition of "detention period" 14
Omit the definition. 15
[3] Section 3 (1), definition of "full-time detention" 16
Omit ", but does not include periodic detention". 17
[4] Section 3 (1), definition of "general manager" 18
Omit the definition. Insert instead: 19
general manager, in relation to a correctional centre, means the 20
general manager of the correctional centre and includes any 21
person who is for the time being in charge of the correctional 22
centre. 23
[5] Section 3 (1), definition of "home detention order" 24
Omit the definition. Insert instead: 25
home detention order means an order in force under section 6 of 26
the Crimes (Sentencing Procedure) Act 1999 or under 27
section 165A of this Act. 28
[6] Section 3 (1) 29
Insert in alphabetical order: 30
ICO Management Committee means the Intensive Correction 31
Orders Management Committee established under section 92. 32
Page 11
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
intensive correction means intensive correction in the 1
community pursuant to an intensive correction order. 2
intensive correction order means an order in force under 3
section 7 of the Crimes (Sentencing Procedure) Act 1999 or 4
section 89 of the Fines Act 1996. 5
[7] Section 3 (1), definitions of "periodic detention", "periodic detention 6
centre" and "periodic detention order" 7
Omit the definitions. 8
[8] Section 40 Certain unlawful absences not to affect length of sentence 9
Omit "a periodic detention order" from section 40 (1) (c). 10
Insert instead "an intensive correction order". 11
[9] Part 3 12
Omit the Part. Insert instead: 13
Part 3 Imprisonment by way of intensive 14
correction in the community 15
Introductory note. This Part applies to those offenders who have been sentenced to 16
imprisonment by way of intensive correction in the community. It deals with the 17
following matters: 18
(a) the general obligations of offenders (Division 1), 19
(b) permission for non-compliance with work or reporting requirements (Division 2), 20
(c) breaches of intensive correction orders (Division 3), 21
(d) other miscellaneous matters (Division 4). 22
Division 1 Preliminary 23
80 Definition 24
In this Part: 25
offender means a person in respect of whom an intensive 26
correction order is in force. 27
81 Conditions governing intensive correction orders 28
(1) An intensive correction order is subject to any conditions 29
imposed by the sentencing court under this section. 30
(2) The sentencing court must at the time of sentence impose on an 31
intensive correction order the conditions prescribed by the 32
regulations as the mandatory conditions of an intensive 33
correction order. 34
Page 12
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
(3) The sentencing court may at the time of sentence, or subsequently 1
on the application of the Commissioner or the offender: 2
(a) impose additional conditions on an intensive correction 3
order, or 4
(b) vary or revoke any additional conditions imposed by it on 5
an intensive correction order. 6
(4) The additional conditions that a court can impose are limited to: 7
(a) conditions prescribed by the regulations as additional 8
conditions that can be imposed by the sentencing court, 9
and 10
(b) such other conditions as the court considers necessary or 11
desirable for reducing the likelihood of the offender 12
re-offending. 13
(5) The court may refuse to entertain an application by the offender 14
under this section if the court is satisfied that the application is 15
frivolous or vexatious. 16
(6) The court may, at its discretion, deal with an application under 17
this section with or without the parties being present and in open 18
court or in the absence of the public. 19
(7) Before imposing an additional condition under subsection (4) (b), 20
a court is to consider whether the condition will create a need for 21
additional resources and must not impose the condition unless 22
satisfied that any such additional resources that will be needed 23
are or will be made available. 24
(8) This section does not permit the sentencing court to impose any 25
additional conditions, or vary any additional conditions imposed 26
by it, so as to be inconsistent with any of the conditions 27
prescribed by the regulations as the mandatory conditions of an 28
intensive correction order. 29
82 Obligations of offender 30
The obligations of an offender while serving a sentence pursuant 31
to an intensive correction order are: 32
(a) to comply with such requirements of this Part and the 33
regulations as apply to the offender, and 34
(b) to comply with the requirements of any conditions to 35
which the offender's intensive correction order is subject. 36
Page 13
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
83 Duration of intensive correction order 1
Unless sooner revoked, an offender's intensive correction order 2
expires at the end of the term of the sentence to which it relates. 3
Division 2 Permission for non-compliance with work or 4
reporting requirements 5
84 Definition 6
In this Division: 7
work or reporting requirement means a requirement imposed by 8
or under a condition of an intensive correction order that the 9
offender is to: 10
(a) undertake work or engage in an activity or program, or 11
(b) attend at, report to or remain at a place. 12
85 Permission for non-compliance with work, reporting and other 13
requirements 14
(1) The Commissioner may, on application made by or on behalf of 15
an offender, grant permission for the offender to not comply with 16
a work or reporting requirement. 17
(2) The Commissioner may grant such a permission: 18
(a) for health reasons, or 19
(b) on compassionate grounds, or 20
(c) for any other reason the Commissioner thinks fit. 21
(3) An application for permission in respect of a requirement must be 22
made before the time the requirement is due to be complied with. 23
(4) A permission under this section may be granted either before or 24
after the requirement to which it relates is due to be complied 25
with. 26
(5) A permission that is granted before the requirement to which it 27
relates is due to be complied with may be granted subject to such 28
conditions as the Commissioner may determine. 29
(6) An offender who is unable to comply with a requirement: 30
(a) must cause a telephone call advising of the offender's 31
inability to comply to be made, to such telephone number 32
as the Commissioner may from time to time determine, 33
before the time at which the requirement is due to be 34
complied with, and 35
Page 14
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
(b) must, in support of the offender's application for 1
permission under subsection (1), cause a document setting 2
out the reasons for the offender's inability to comply with 3
the requirement to be given to the Commissioner within 4
7 days after the date on which the offender is due to 5
comply with the requirement. 6
(7) If the reasons for the offender's inability to comply with a 7
requirement include illness or injury, a certificate from a medical 8
practitioner is to be given to the Commissioner in support of the 9
offender's application for permission under subsection (1) (in 10
addition to the document referred to in subsection (6) (b)): 11
(a) indicating the nature of the illness or injury, and 12
(b) stating that the nature or extent of the illness or injury is 13
such as to justify the offender's inability to comply with 14
the requirement. 15
(8) The Commissioner may exempt an offender from compliance 16
with subsection (3) or (6) (a) in a particular case if the 17
Commissioner is satisfied that the exceptional circumstances of 18
the case justify the exemption. 19
86 Direction to make up for work etc avoided 20
(1) If the Commissioner grants an offender permission to not comply 21
with a work or reporting requirement, the Commissioner may 22
give such directions to the offender as the Commissioner 23
determines to be necessary to ensure that the offender will 24
undertake work or engage in an activity or program to the extent 25
necessary to make up for the work, activity or program avoided 26
as a result of the permission granted. 27
(2) The offender's intensive correction order is subject to a condition 28
that the offender must comply with a direction of the 29
Commissioner under this section. 30
(3) The sentencing court may, on the application of the 31
Commissioner, extend the offender's intensive correction order 32
by such period as the court considers necessary and appropriate 33
for ensuring that the offender complies with a direction of the 34
Commissioner under this section. 35
(4) In determining an application to extend an offender's intensive 36
correction order under this section, the sentencing court is to give 37
consideration to the following: 38
(a) any hardship likely to be experienced by the offender if the 39
order is extended, 40
Page 15
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
(b) the likelihood of the offender's intensive correction order 1
being revoked if the order is not extended, and any 2
hardship likely to be experienced by the offender as a 3
result, 4
(c) such other matters as the court considers relevant. 5
(5) An intensive correction order cannot be extended under this 6
section if the term of the sentence to which the order relates has 7
ended. 8
(6) The power of the sentencing court to extend an intensive 9
correction order under this section is limited to one extension of 10
no more than 6 months. 11
(7) If an intensive correction order is extended under this section, the 12
term of the sentence to which the order relates is, by this section, 13
extended by the same period. 14
87 Review of Commissioner's decision 15
(1) An offender who is aggrieved by a decision of the Commissioner 16
to refuse permission for the offender to not comply with a work 17
or reporting requirement may apply to the ICO Management 18
Committee for a review of the matter. 19
(2) The ICO Management Committee is to review the matter and 20
may make recommendations to the Commissioner on the matter. 21
The Commissioner is not bound by the ICO Management 22
Committee's recommendations. 23
(3) If the Commissioner does not grant the permission following the 24
ICO Management Committee's review of the matter, the offender 25
may apply to the Parole Authority for the permission concerned. 26
The Parole Authority may direct that the permission be granted 27
and the Commissioner is to comply with any such direction. 28
(4) The matter is only to be reviewed by the Parole Authority if the 29
Parole Authority is satisfied that the application for review is not 30
frivolous or vexatious. 31
Division 3 Breach of intensive correction order 32
88 Definition 33
In this Division: 34
breach of an intensive correction order means a failure by an 35
offender to comply with any of his or her obligations under an 36
intensive correction order. 37
Page 16
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
89 Commissioner powers to deal with breach of ICO 1
(1) If the Commissioner is satisfied that an offender has breached an 2
intensive correction order, the Commissioner can decide to 3
impose a sanction on the offender under this section or can decide 4
to take no action in respect of the breach. 5
(2) The Commissioner can impose either or both of the following 6
sanctions on the offender: 7
(a) a formal warning, 8
(b) a more stringent application of the conditions of the 9
intensive correction order in accordance with the terms of 10
those conditions (for example, further restrictions on 11
association with other persons). 12
(3) As an alternative or in addition to imposing a sanction on the 13
offender, the Commissioner can decide to refer the breach to the 14
Parole Authority because of the serious nature of the breach. 15
(4) In deciding whether and what action should be taken in respect of 16
an offender's breach of an intensive correction order, the 17
Commissioner may have regard to any action previously taken in 18
respect of the breach or any previous breach of the order by the 19
offender. 20
90 Parole Authority powers to deal with breach 21
(1) The Parole Authority may, on its own motion or on the 22
application of the Commissioner, deal with an offender's breach 23
of an intensive correction order by: 24
(a) imposing any sanction that the Commissioner could 25
impose under section 89, or 26
(b) imposing a period of up to 7 days' home detention on the 27
offender by imposing as a condition of the offender's 28
intensive correction order a requirement that the offender 29
remain at his or her place of residence for the period of 30
home detention, or 31
(c) revoking the intensive correction order pursuant to 32
Division 1 of Part 7. 33
(2) In deciding whether and what action should be taken in respect of 34
an offender's breach of an intensive correction order, the Parole 35
Authority may have regard to any action previously taken (by the 36
Parole Authority or by the Commissioner) in respect of the 37
breach or any previous breach of the order by the offender. 38
Page 17
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
91 Interim suspension of ICO 1
(1) On the application of the Commissioner, a judicial member of the 2
Parole Authority: 3
(a) may make an order suspending an offender's intensive 4
correction order, and 5
(b) if the offender is not then in custody, may issue a warrant 6
for the offender's arrest. 7
(2) An application under subsection (1) may be made in person or by 8
telephone, electronic mail or facsimile transmission. 9
(3) Action under subsection (1) may be taken in relation to an 10
offender's intensive correction order only if the judicial member 11
is satisfied: 12
(a) that the Commissioner has reasonable grounds for 13
believing that: 14
(i) the offender has failed to comply with the offender's 15
obligations under the intensive correction order, or 16
(ii) there is a serious and immediate risk that the 17
offender will leave New South Wales in 18
contravention of the conditions of the intensive 19
correction order, or 20
(iii) there is a serious and immediate risk that the 21
offender will harm another person, or 22
(iv) there is a serious and immediate risk that the 23
offender will commit an offence, and 24
(b) that, because of the urgency of the circumstances, there is 25
insufficient time for a meeting of the Parole Authority to 26
be convened to deal with the matter. 27
(4) If an application under this section is made otherwise than in 28
person, the judicial member may furnish the applicant with a 29
suspension order or arrest warrant: 30
(a) by sending a copy of the order or warrant to the applicant 31
by electronic mail or facsimile transmission, or 32
(b) by dictating the terms of the order or warrant to the 33
applicant by telephone. 34
(5) A document: 35
(a) that contains: 36
(i) a copy of a suspension order or arrest warrant that 37
the judicial member has sent by electronic mail or 38
facsimile transmission, or 39
Page 18
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
(ii)the terms of a suspension order or arrest warrant that 1
the judicial member has dictated by telephone, and 2
(b) that bears a notation: 3
(i) as to the identity of the judicial member, and 4
(ii) as to the time at which the copy was sent or the terms 5
dictated, 6
has the same effect as the original suspension order or arrest 7
warrant. 8
(6) A suspension order may be revoked by any judicial member of 9
the Parole Authority or by the Commissioner. 10
(7) Unless sooner revoked, a suspension order ceases to have effect 11
at the end of 28 days after it is made or, if the offender is not in 12
custody when it is made, at the end of 28 days after the offender 13
is taken into custody. 14
(8) While a suspension order is in force, the intensive correction 15
order to which it relates does not have effect. 16
(9) An arrest warrant is sufficient authority for a police officer to 17
arrest the offender named in the warrant, to convey the offender 18
to the correctional centre specified in the warrant and to deliver 19
the offender into the custody of the general manager of that 20
correctional centre. 21
Division 4 Miscellaneous 22
92 ICO Management Committee 23
(1) The Commissioner is to establish a committee to be called the 24
Intensive Correction Orders Management Committee (the ICO 25
Management Committee). 26
(2) The ICO Management Committee is to consist of such number of 27
members (not less than 5) as the Commissioner determines from 28
time to time. 29
(3) The members of the ICO Management Committee are to be 30
officers of Corrective Services NSW appointed by the 31
Commissioner. Of the members, one is (in and by the member's 32
instrument of appointment or a subsequent instrument executed 33
by the Commissioner) to be appointed as Chairperson of the ICO 34
Management Committee. 35
Page 19
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
(4) The ICO Management Committee has the following functions: 1
(a) to provide advice and make recommendations to the 2
Commissioner in connection with the case management of 3
offenders who are subject to intensive correction orders, 4
(b) such other functions with respect to offenders who are 5
subject to intensive correction orders as the Commissioner 6
may direct from time to time, 7
(c) such other functions as may be conferred on the ICO 8
Management Committee by or under this Act. 9
Note. Schedule 3 provides for the procedure of the ICO Management 10
Committee. 11
(5) The ICO Management Committee is to provide the 12
Commissioner with an annual report in writing of its activities 13
and that report is to form part of the next annual report of the 14
Department of Justice and Attorney General prepared for the 15
purposes of the Annual Reports (Departments) Act 1985. 16
93 Regulations 17
The regulations may make provision for or with respect to the 18
following matters: 19
(a) the mandatory conditions to be imposed on an intensive 20
correction order by a sentencing court and the additional 21
conditions that may be imposed by a sentencing court, 22
(b) the manner in which an offender's failure to comply with 23
the offender's obligations under an intensive correction 24
order may be dealt with, 25
(c) the service of notices on an offender, 26
(d) the management, administration and supervision of 27
intensive correction orders, 28
(e) the procedures to be followed by an offender when 29
applying for permission to not comply with a work or 30
reporting requirement under section 85, and the 31
circumstances under which such a permission may be 32
granted, 33
(f) the procedures to be followed by an offender who has been 34
granted permission not to comply with a work or reporting 35
requirement under section 85, 36
(g) the procedures to be followed by an offender when 37
applying for a review under section 87 of a decision of the 38
Commissioner, 39
Page 20
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
(h) the circumstances in which an offender may be tested for 1
drugs or alcohol (including random and periodic testing), 2
the use of a non-invasive sample provided by, or taken 3
from, an offender for the purposes of a test for drugs or 4
alcohol and the type and nature of the tests to be used, 5
(i) the circumstances under which an offender may be 6
required to submit to a medical examination by a medical 7
officer, 8
(j) the day-to-day routine of offenders, including the 9
performance of work or engagement in an activity or 10
intervention, or attendance at, or reporting to, or remaining 11
at a place, 12
(k) the use of electronic monitoring devices in relation to 13
offenders, 14
(l) the procedure to be followed when an offender reports to 15
carry out work, 16
(m) the performance of work by an offender, 17
(n) the functions of officers of Corrective Services NSW 18
under and in connection with this Part, 19
(o) the form of any warrants issued for the purposes of this 20
Part. 21
[10] Section 118 Definitions 22
Omit "a periodic detention order" from the definitions of community service 23
work and offender wherever occurring. 24
Insert instead "an intensive correction order". 25
[11] Section 125 Application of Part 26
Omit section 125 (b). 27
[12] Part 7 Revocation and reinstatement by Parole Authority of certain 28
orders 29
Omit "periodic detention orders" from paragraph (a) of the introductory note 30
to the Part. 31
Insert instead "intensive correction orders". 32
Page 21
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
[13] Part 7, Division 1 1
Omit the Division. Insert instead: 2
Division 1 Intensive correction orders 3
162 Conduct of inquiry into suspected breach of obligations 4
(1) If the Parole Authority has reason to suspect that an offender has 5
failed to comply with the offender's obligations under an 6
intensive correction order, the Parole Authority may, whether or 7
not the order has expired, conduct an inquiry into the matter. 8
(2) The offender to whom the intensive correction order relates may 9
make submissions to the Parole Authority in relation to the 10
matters under inquiry. 11
163 Revocation of intensive correction order 12
(1) The Parole Authority may, on its own initiative or on the 13
recommendation of the Commissioner, make an order (a 14
revocation order) revoking an intensive correction order: 15
(a) if it is satisfied that the offender has failed to comply with 16
the offender's obligations under the order, or 17
(b) if it is satisfied that the offender is unable to comply with 18
the offender's obligations under the order as a result of a 19
material change in the offender's circumstances, or 20
(c) if the offender fails to appear before the Parole Authority 21
when called on to do so under section 180, or 22
(d) if the offender has applied for the order to be revoked. 23
(2) The Parole Authority may revoke an offender's intensive 24
correction order on the recommendation of the Commissioner if 25
it is satisfied that health reasons or compassionate grounds exist 26
that justify its revocation. 27
(3) If an intensive correction order is revoked under subsection (2), 28
the Parole Authority may, on the application of the 29
Commissioner, make such of the orders sought by the 30
Commissioner in relation to the offender as it considers 31
appropriate. 32
(4) The Parole Authority must revoke an intensive correction order 33
that it has reinstated under section 168A (1A) if, at any time 34
during the remainder of the term of the sentence to which the 35
order relates, the offender is sentenced to a term of imprisonment 36
Page 22
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
by way of full-time detention that is to be served consecutively 1
(or partly consecutively) with the sentence to which the order 2
relates. 3
(5) A revocation order may be made: 4
(a) whether or not the offender has been called on to appear 5
before the Parole Authority, and 6
(b) whether or not the Parole Authority has held an inquiry. 7
(6) A revocation order must state the reason for which it is made. 8
164 Effect of revocation order 9
(1) A revocation order takes effect, or is taken to have taken effect, 10
on the date on which it is made or on such earlier date as the 11
Parole Authority thinks fit. 12
(2) The earliest date on which the revocation order may take effect is 13
the date of the first occasion on which it appears to the Parole 14
Authority that the offender failed to comply with the offender's 15
obligations under the intensive correction order. 16
(3) If an offender is not taken into custody until after the day on 17
which the revocation order takes effect, the term of the offender's 18
sentence is, by this subsection, extended by the number of days 19
the person was at large after the order took effect. 20
165 Parole Authority may reinstate revoked intensive correction order 21
(1) If an offender's intensive correction order has been revoked 22
under this Division or under section 179, the Parole Authority: 23
(a) on the application of the offender, and 24
(b) subject to Part 5 of the Crimes (Sentencing Procedure) Act 25
1999, 26
may make an order reinstating the offender's intensive correction 27
order in respect of the remaining balance of the offender's 28
sentence. 29
(2) Such an application: 30
(a) may not be made until the offender has, since the intensive 31
correction order was revoked, served at least 1 month of 32
the offender's sentence by way of full-time detention, and 33
(b) must state what the offender has done, or is doing, to 34
ensure that the offender will not fail to comply with the 35
offender's obligations under the intensive correction order 36
in the event that it is reinstated. 37
Page 23
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
(3) Before making an order reinstating an offender's intensive 1
correction order, the Parole Authority must refer the offender to 2
the Commissioner for assessment as to the suitability of the 3
offender for intensive correction in the community. 4
(4) Part 5 of the Crimes (Sentencing Procedure) Act 1999 applies to 5
and in respect of the Parole Authority and the offender in relation 6
to the making of an intensive correction order under this section 7
in the same way as it applies to and in respect of a court and an 8
offender in relation to the making of an intensive correction order 9
under that Act. 10
(5) The Parole Authority may not make an order under subsection (1) 11
if the offender is subject to a sentence of imprisonment by way of 12
full-time detention that is yet to commence. 13
165A Parole Authority may order home detention 14
(1) This section applies if the Parole Authority revokes an intensive 15
correction order and, at the time that the revocation order takes 16
effect, the remainder of the term of the sentence to which the 17
intensive correction order relates is 18 months or less. 18
(2) The Parole Authority may make an order directing that the 19
remainder of the term of the sentence is to be served by way of 20
home detention. 21
(3) However, the Parole Authority may not make an order under 22
subsection (2) if the offender is subject to a sentence of 23
imprisonment by way of full-time detention that is yet to 24
commence. 25
(4) Subject to subsection (5), Part 6 of the Crimes (Sentencing 26
Procedure) Act 1999 applies to and in respect of the Parole 27
Authority and the offender in relation to the making of a home 28
detention order under this section in the same way as it applies to 29
and in respect of a court and an offender in relation to the making 30
of a home detention order under that Act. 31
(5) The reference of an offender for assessment in relation to the 32
making of a home detention order under this section is to be made 33
after, and not before, the intensive correction order referred to in 34
subsection (1) is revoked. 35
165B Release of offender pending assessment for home detention 36
(1) On referring an offender for assessment in relation to the making 37
of a home detention order under section 165A, the Parole 38
Authority may make an order (a temporary release order) 39
releasing the offender from custody or permitting the offender to 40
Page 24
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
remain at large, subject to such supervision as is prescribed by the 1
regulations, pending the Parole Authority's decision as to 2
whether or not to make the home detention order. 3
(2) An offender's temporary release order: 4
(a) may be revoked by the Parole Authority at any time, and 5
(b) must be revoked by the Parole Authority when it makes its 6
decision as to whether or not to make a home detention 7
order under section 165A in respect of the offender. 8
(3) The sentence to be served by the offender in respect of whom a 9
temporary release order is made is, by this section, extended: 10
(a) by the period for which the offender is absent from custody 11
pursuant to the order, and 12
(b) in the case of an offender for whom a warrant is issued 13
under section 181 (1A), by the period between the issue of 14
the warrant and the offender being taken into custody 15
under the warrant. 16
165C Conditions of home detention as to non-association and place 17
restriction 18
(1) The conditions to which a home detention order under 19
section 165A is subject may include either or both of the 20
following: 21
(a) provisions prohibiting or restricting the offender from 22
associating with a specified person, 23
(b) provisions prohibiting or restricting the offender from 24
frequenting or visiting a specified place or district. 25
(2) A condition referred to in subsection (1) (a) or (b) is suspended 26
while the offender is in lawful custody. 27
(3) An offender does not contravene a prohibition or restriction as to 28
his or her association with a specified person: 29
(a) if the offender does so in compliance with an order of a 30
court, or 31
(b) if, having associated with the person unintentionally, the 32
offender immediately terminates the association. 33
(4) An offender does not contravene a requirement not to frequent or 34
visit a specified place or district if the offender does so in 35
compliance with an order of a court. 36
(5) In this section, associate with means: 37
(a) to be in company with, or 38
Page 25
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
(b) to communicate with by any means (including post, 1
facsimile, telephone and email). 2
[14] Section 167 Revocation of home detention order 3
Omit "section 165" from section 167 (6) (a). Insert instead "section 165A". 4
[15] Section 168A Parole Authority may reinstate revoked home detention 5
order or prior revoked intensive correction order 6
Omit "section 165" from section 168A (1A). Insert instead "section 165A". 7
[16] Section 168A (1A) and (3) 8
Omit "a periodic detention order" wherever occurring. 9
Insert instead "an intensive correction order". 10
[17] Section 168A (1A) 11
Omit "revoked periodic detention order". 12
Insert instead "revoked intensive correction order". 13
[18] Section 168A (2) 14
Omit "periodic detention". Insert instead "intensive correction". 15
[19] Section 173 Notice of revocation 16
Omit "periodic detention order" wherever occurring. 17
Insert instead "intensive correction order". 18
[20] Section 174 Review of revocation 19
Omit "periodic detention order" wherever occurring. 20
Insert instead "intensive correction order". 21
[21] Section 175 Decision after review 22
Omit "periodic detention order" from section 175 (1) (a). 23
Insert instead "intensive correction order". 24
[22] Section 175 (1A) (a) 25
Omit the paragraph. 26
Page 26
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
[23] Section 175 (1A) (b) 1
Omit the paragraph. Insert instead: 2
(b) an intensive correction order that it has revoked under 3
section 163 (4), or 4
[24] Section 175 (2) 5
Omit the subsection. 6
[25] Section 175 (3)(5) 7
Omit "periodic detention order" wherever occurring. 8
Insert instead "intensive correction order". 9
[26] Section 175A Review not available in certain circumstances 10
Omit "periodic detention order". Insert instead "intensive correction order". 11
[27] Section 176 Application to Supreme Court by offender 12
Omit "a periodic detention order" from section 176 (1) (a). 13
Insert instead "an intensive correction order". 14
[28] Section 176 (1) (b) 15
Omit "periodic detention order". Insert instead "intensive correction order". 16
[29] Section 179 Consequential revocation of other orders 17
Omit "periodic detention" from section 179 (1) wherever occurring. 18
Insert instead "intensive correction". 19
[30] Section 179 (2)(4) 20
Omit "a periodic detention order" wherever occurring. 21
Insert instead "an intensive correction order". 22
[31] Section 179 (4) 23
Omit "Section 165". Insert instead "Section 165A". 24
[32] Section 179B 25
Insert after section 179A: 26
179B Revocation of consecutive intensive correction orders 27
(1) When the Parole Authority revokes an offender's intensive 28
correction order under this Part, the Parole Authority must at the 29
Page 27
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
same time make an order revoking any other intensive correction 1
order to which the offender is subject at that time (including any 2
order that is yet to come into force). 3
(2) No appeal lies against a revocation of an intensive correction 4
order under this section. 5
[33] Section 181 Warrants committing offenders to correctional centres 6
Omit "a periodic detention order" from section 181 (1) (a). 7
Insert instead "an intensive correction order". 8
[34] Section 181 (1) (b) 9
Omit the paragraph. Insert instead: 10
(b) decides not to make a home detention order under 11
section 165A with respect to an offender the subject of a 12
temporary release order under section 165B, 13
[35] Section 181 (1A) 14
Omit the subsection. Insert instead: 15
(1A) If the Parole Authority revokes a temporary release order under 16
section 165B, it may issue a warrant committing the offender to 17
a correctional centre pending the Parole Authority's decision as 18
to whether or not to make a home detention order under 19
section 165A. 20
[36] Section 181 (3) (b) 21
Omit "section 165". Insert instead "section 165A". 22
[37] Section 182 Functions may be exercised after order has expired 23
Omit "a periodic detention order". 24
Insert instead "an intensive correction order". 25
[38] Section 185 Functions of Parole Authority 26
Omit "periodic detention orders" from section 185 (1) (b). 27
Insert instead "intensive correction orders". 28
[39] Section 193C Parole Authority decisions 29
Omit "a periodic detention order" wherever occurring in section 193C (1). 30
Insert instead "an intensive correction order". 31
Page 28
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
[40] Part 11 Administration 1
Omit paragraph (a) of the introductory note to the Part. Insert instead: 2
(a) the establishment of correctional complexes, correctional 3
centres and juvenile correctional centres (Division 1), 4
[41] Part 11, Division 1, heading 5
Omit the heading. Insert instead: 6
Division 1 Correctional complexes and correctional 7
centres 8
[42] Section 226 Periodic detention centres 9
Omit the section. 10
[43] Section 227 Visiting Magistrates 11
Omit "each correctional complex, correctional centre and periodic detention 12
centre" from section 227 (1). 13
Insert instead "each correctional complex and correctional centre". 14
[44] Section 227 (3) 15
Omit "correctional complex, correctional centre or periodic detention centre". 16
Insert instead "correctional complex or correctional centre". 17
[45] Section 228 Official Visitors 18
Omit "or periodic detention centre" from section 228 (3) (b). 19
[46] Section 228 (4) 20
Omit "correctional complexes, correctional centres and periodic detention 21
centres". 22
Insert instead "correctional complexes and correctional centres". 23
[47] Section 228 (4) 24
Omit "correctional complex, correctional centre and periodic detention 25
centre". 26
Insert instead "correctional complex and correctional centre". 27
[48] Section 228 (5) 28
Omit "correctional complex, correctional centre or periodic detention centre". 29
Insert instead "correctional complex or correctional centre". 30
Page 29
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
[49] Section 229 Powers of Judges and Magistrates to visit and examine 1
Omit "correctional complex, correctional centre or periodic detention centre". 2
Insert instead "correctional complex or correctional centre". 3
[50] Section 230 Special inquiries 4
Omit "correctional complex, correctional centre or periodic detention centre" 5
wherever occurring. 6
Insert instead "correctional complex or correctional centre". 7
[51] Section 232 The Commissioner 8
Omit ", periodic detention centres" from section 232 (1) (a). 9
[52] Section 233 General managers of correctional centres 10
Omit section 233 (1) (a). Insert instead: 11
(a) has the care, direction, control and management of the 12
correctional centre, and 13
[53] Section 235 Functions of correctional officers 14
Omit "correctional complexes, correctional centres and periodic detention 15
centres" from section 235 (2). 16
Insert instead "correctional complexes and correctional centres". 17
[54] Section 235D Functions of periodic detention field officers 18
Omit the section. 19
[55] Section 235F Common work sites 20
Omit the section. 21
[56] Section 235G Functions of Departmental compliance and monitoring 22
officers 23
Insert after section 235G (2) (f): 24
(f1) functions associated with the administration of an 25
intensive correction order under Part 3, 26
[57] Section 236B CEO, Justice Health, to have access to correctional 27
centres, offenders and medical records 28
Omit "(including a periodic detention centre)". 29
Page 30
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
[58] Section 249 Definitions 1
Omit paragraph (g) of the definition of person in custody in section 249 (1). 2
Insert instead: 3
(g) during any period after an intensive correction order is 4
made in relation to the person and before an intensive 5
correction notice is served on the person, or 6
[59] Section 254 Extension of sentence following unlawful absence from 7
custody 8
Omit "a periodic detention order" from section 254 (2) (a). 9
Insert instead "an intensive correction order". 10
[60] Section 255 Effect of extension of sentence 11
Omit section 255 (3) (b). 12
[61] Section 255A Approvals for the purposes of the Mutual Assistance in 13
Criminal Matters Act 1987 of the Commonwealth 14
Omit "101" from the note to subsection (3). Insert instead "93". 15
[62] Section 259 Service of notices 16
Omit "a periodic detention order" from section 259 (1). 17
Insert instead "an intensive correction order". 18
[63] Section 260 Evidentiary certificates 19
Omit "or periodic detention centre" from section 260 (a). 20
[64] Section 260 21
Omit "periodic detention order" wherever occurring. 22
Insert instead "intensive correction order". 23
[65] Section 261 Address of warrant 24
Omit section 261 (2). 25
Page 31
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
[66] Schedule 3 1
Insert after Schedule 2: 2
Schedule 3 Intensive Correction Orders 3
Management Committee 4
(Section 92) 5
1 Definitions 6
In this Schedule: 7
Chairperson means the Chairperson of the ICO Management 8
Committee. 9
member means a member of the ICO Management Committee. 10
2 Deputies of members 11
(1) The Commissioner may establish a list of officers of Corrective 12
Services NSW eligible to be nominated as the deputy of a 13
member. 14
(2) A member may from time to time nominate an eligible officer to 15
be the deputy of the member. 16
(3) The nomination of a deputy of a member under this clause may 17
be revoked at any time by the Commissioner or the member that 18
nominated the deputy. 19
(4) The nomination of a deputy under this clause may be for a 20
specified period or an indefinite period and, in respect of the 21
period the nomination is in force, has effect according to its 22
terms. 23
(5) In the absence of a member, the member's deputy: 24
(a) may, if available, act in the place of the member, and 25
(b) while so acting, has all the functions of the member and is 26
taken to be a member. 27
3 General procedure 28
(1) Meetings of the ICO Management Committee are to be held at 29
such times and places as are fixed by the Chairperson. 30
(2) The procedure for the convening of meetings of the ICO 31
Management Committee and for the conduct of business at those 32
meetings is to be as determined by the Chairperson. 33
Page 32
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 2
(3) The ICO Management Committee may, if it thinks fit, hold a 1
meeting at which some members participate by telephone, 2
closed-circuit television or other means, but only if any member 3
who speaks on a matter before the meeting can be heard by the 4
other members. 5
4 Quorum 6
The quorum for a meeting of the ICO Management Committee is 7
a majority of its members for the time being. 8
5 Presiding member 9
The Chairperson is to preside at a meeting of the ICO 10
Management Committee. 11
6 Decisions 12
(1) A decision supported by a majority of the votes cast at a meeting 13
of the ICO Management Committee at which a quorum is present 14
is the decision of the ICO Management Committee. 15
(2) In the case of an equality of votes, the Chairperson is to have the 16
casting vote. 17
7 Record of proceedings 18
The Chairperson is to cause a record to be made of the 19
proceedings at a meeting of the ICO Management Committee. 20
[67] Schedule 5 Savings, transitional and other provisions 21
Insert at the end of clause 1 (1): 22
Crimes (Sentencing Legislation) Amendment (Intensive 23
Correction Orders) Act 2010 (but only to the extent that it 24
amends this Act) 25
Page 33
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
[68] Schedule 5, Part 17 1
Insert after Part 16 of Schedule 5: 2
Part 17 Provisions consequent on enactment of 3
Crimes (Sentencing Legislation) 4
Amendment (Intensive Correction Orders) 5
Act 2010 6
108 Savings for periodic detention 7
(1) This Act (and the regulations under this Act) continue to apply to 8
and in respect of the following as if the Crimes (Sentencing 9
Legislation) Amendment (Intensive Correction Orders) Act 2010 10
had not been enacted: 11
(a) a periodic detention order made before the repeal of 12
section 6 (Periodic detention) of the Crimes (Sentencing 13
Procedure) Act 1999, 14
(b) a person subject to such an order, 15
(c) the revocation or reinstatement of such an order, 16
(d) a correctional centre that was a periodic detention centre 17
immediately before the repeal of section 6 of the Crimes 18
(Sentencing Procedure) Act 1999. 19
(2) Section 226 (Periodic detention centres) continues to apply 20
(despite its repeal) for the purposes of the application of this Act 21
and the regulations under this Act pursuant to this clause. 22
Page 34
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Sentencing Procedure) Regulation 2005 Schedule 3
Schedule 3 Amendment of Crimes (Sentencing 1
Procedure) Regulation 2005 2
Part 3 3
Omit the Part. Insert instead: 4
Part 3 Sentencing procedures for intensive 5
correction orders 6
12 Intensive correction orders: section 7 7
(1) An intensive correction order is to be in the approved form. 8
(2) A copy of the order must be given to the offender, and a further 9
copy is to be sent to the Commissioner of Corrective Services. 10
13 Undertakings to comply with intensive correction order: 11
section 67 12
An undertaking referred to in section 67 (1) (d) of the Act is to be 13
in the approved form. 14
14 Assessment reports: section 70 15
(1) An offender's assessment report must take into account, and 16
specifically address, the following matters: 17
(a) any criminal record of the offender, and the likelihood that 18
the offender will re-offend, 19
(b) any risks associated with managing the offender in the 20
community (taking into account the offender's response to 21
supervision in the community on previous occasions), 22
(c) the likelihood that the offender will commit a domestic 23
violence offence, 24
(d) whether the offender will have suitable residential 25
accommodation for the duration of an intensive correction 26
order, 27
(e) whether any circumstances of the offender's residence, 28
employment, study or other activities would inhibit 29
effective implementation of an intensive correction order, 30
(f) whether the persons with whom it is likely the offender 31
would reside, or continue or resume a relationship, 32
understand the requirements of an intensive correction 33
order and are prepared to live in conformity with them, so 34
far as may be necessary, 35
Page 35
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 3 Amendment of Crimes (Sentencing Procedure) Regulation 2005
(g) whether the making of an intensive correction order would 1
place at risk of harm any person who would be living with 2
or in the vicinity of the offender, 3
(h) any dependency of the offender on alcohol or drugs, or 4
other substance abuse, that would affect the offender's 5
ability to comply with the offender's obligations under an 6
intensive correction order, 7
(i) any physical or mental health conditions of the offender 8
that would affect the offender's ability to comply with the 9
offender's obligations under an intensive correction order, 10
(j) the existence and extent of any self-harm risk, including 11
the likely impact of an intensive correction order on that 12
risk, and the availability in the community of the support 13
and treatment services necessary to manage the risk. 14
(2) If a child under the age of 18 years would be living with an 15
offender serving a sentence of imprisonment by way of intensive 16
correction, the assessment report must take into account, and 17
specifically address, the effect on the child of that fact. 18
(3) If it appears to the officer preparing the assessment report that the 19
offender is homeless: 20
(a) all reasonable efforts must be made by the Commissioner 21
of Corrective Services, in consultation with the offender, 22
to find suitable accommodation for the offender, and 23
(b) the report is not to be finalised until those efforts have been 24
made. 25
(4) An offender's assessment report must also include an assessment 26
of: 27
(a) factors associated with his or her offending that would be 28
able to be addressed by targeted interventions under an 29
intensive correction order, and 30
(b) the availability of resources to address those factors by 31
targeted interventions under an intensive correction order, 32
and 33
(c) any issues relevant to the administration of an intensive 34
correction order in respect of the offender that may be 35
relevant to the court's determination of an appropriate date 36
to be fixed for the commencement of the sentence. 37
15 Notice of intensive correction order: section 73 38
A notice referred to in section 73 (1) of the Act is to be in the 39
approved form. 40
Page 36
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Regulation 2008 Schedule 4
Schedule 4 Amendment of Crimes (Administration 1
of Sentences) Regulation 2008 2
[1] Chapter 3 3
Omit the Chapter. Insert instead: 4
Chapter 3 Intensive correction 5
174 Supervisor for offenders 6
In this Chapter: 7
offender means an offender who is the subject of an intensive 8
correction order. 9
supervisor, in relation to an offender, means each of the 10
following persons: 11
(a) an officer of Corrective Services NSW for the time being 12
assigned by the Commissioner to administer the offender's 13
intensive correction order, 14
(b) a compliance and monitoring officer who has functions 15
associated with the administration of the offender's 16
intensive correction order, 17
(c) the Commissioner. 18
175 Mandatory conditions for intensive correction orders 19
The following are the mandatory conditions of an intensive 20
correction order to be imposed by a court under section 81 of the 21
Act: 22
(a) a condition that requires the offender to be of good 23
behaviour and not commit any offence, 24
(b) a condition that requires the offender to report, on the date 25
fixed as the date of commencement of the sentence or on 26
such later date as may be advised by the Commissioner, to 27
such local office of Corrective Services NSW or other 28
location as may be advised by the Commissioner, 29
(c) a condition that requires the offender to reside only at 30
premises approved by a supervisor, 31
(d) a condition that prohibits the offender leaving or remaining 32
out of New South Wales without the permission of the 33
Commissioner, 34
Page 37
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 4 Amendment of Crimes (Administration of Sentences) Regulation 2008
(e) a condition that prohibits the offender leaving or remaining 1
out of Australia without the permission of the Parole 2
Authority, 3
(f) a condition that requires the offender to receive visits by a 4
supervisor at the offender's home at any time for any 5
purpose connected with the administration of the order, 6
(g) a condition that requires the offender to authorise his or her 7
medical practitioner, therapist or counsellor to provide to a 8
supervisor information about the offender that is relevant 9
to the administration of the order, 10
(h) a condition that requires the offender to submit to searches 11
of places or things under his or her immediate control, as 12
directed by a supervisor, 13
(i) a condition that prohibits the offender using prohibited 14
drugs, obtaining drugs unlawfully or abusing drugs 15
lawfully obtained, 16
(j) a condition that requires the offender to submit to breath 17
testing, urinalysis or other medically approved test 18
procedures for detecting alcohol or drug use, as directed by 19
a supervisor, 20
(k) a condition that prohibits the offender possessing or having 21
in his or her control any firearm or other offensive weapon, 22
(l) a condition that requires the offender to submit to such 23
surveillance or monitoring (including electronic 24
surveillance or monitoring) as a supervisor may direct, and 25
comply with all instructions given by a supervisor in 26
relation to the operation of surveillance or monitoring 27
systems, 28
(m) a condition that prohibits the offender tampering with, 29
damaging or disabling surveillance or monitoring 30
equipment, 31
(n) a condition that requires the offender to comply with any 32
direction given by a supervisor that requires the offender to 33
remain at a specified place during specified hours or that 34
otherwise restricts the movements of the offender during 35
specified hours, 36
(o) a condition that requires the offender to undertake a 37
minimum of 32 hours of community service work per 38
month, as directed by a supervisor from time to time, 39
(p) a condition that requires the offender to engage in 40
activities to address the factors associated with his or her 41
offending as identified in the offender's assessment report 42
Page 38
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Regulation 2008 Schedule 4
or that become apparent during the term of the order, as 1
directed by a supervisor from time to time, 2
(q) a condition that requires the offender to comply with all 3
reasonable directions of a supervisor. 4
176 Additional conditions that may be imposed by sentencing court 5
The following are the additional conditions that may be imposed 6
on an intensive correction order by the sentencing court under 7
section 81 of the Act: 8
(a) a condition that requires the offender to accept any 9
direction of a supervisor in relation to the maintenance of 10
or obtaining of employment, 11
(b) a condition that requires the offender to authorise contact 12
between any employer of the offender and a supervisor, 13
(c) a condition that requires the offender to comply with any 14
direction of a supervisor as to the kinds of occupation or 15
employment in which the offender may or may not engage, 16
(d) a condition that requires the offender to comply with any 17
direction of a supervisor that the offender not associate 18
with specified persons or persons of a specified 19
description, 20
(e) a condition that prohibits the offender consuming alcohol, 21
(f) a condition that requires the offender to comply with any 22
direction of a supervisor that the offender must not go to 23
specified places or districts or places or districts of a 24
specified kind. 25
Note. Section 81 of the Act provides that the sentencing court may also 26
impose any other condition that the court considers necessary or 27
desirable for reducing the likelihood of the offender re-offending. 28
177 Information to be recorded in relation to offenders 29
(1) As soon as practicable after an offender becomes subject to an 30
intensive correction order, there must be recorded in relation to 31
the offender: 32
(a) such of the information referred to in Schedule 1 as is 33
relevant to the offender, and 34
(b) such other information as the Commissioner considers 35
appropriate to be recorded. 36
Page 39
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 4 Amendment of Crimes (Administration of Sentences) Regulation 2008
(2) An offender must not furnish any information for the purposes of 1
this clause knowing it to be false or misleading in a material 2
particular. 3
Maximum penalty: 5 penalty units. 4
178 Preparation and adoption of case plans 5
(1) The Commissioner may require a case plan to be prepared in 6
relation to any offender or class of offenders, and may adopt any 7
case plan so prepared. 8
(2) A case plan is to be prepared in accordance with such guidelines 9
as may be established from time to time by the Commissioner. 10
(3) Subject to subclause (4), any decision under this Chapter that is 11
made in relation to an offender for whom a case plan has been 12
adopted under this clause is to be made in accordance with that 13
plan. 14
(4) Nothing in this clause authorises any such decision to limit any 15
conditions that apply to an offender's intensive correction order. 16
[2] Clause 226 Parole orders 17
Omit ", or the general manager responsible for the periodic detention centre," 18
from clause 226 (2). 19
[3] Clause 227 Parole orders to be explained to offenders 20
Omit "or periodic detention centre" from clause 227 (1). 21
[4] Clause 232 Revocation of parole orders before release 22
Omit ", or the general manager responsible for the periodic detention centre," 23
from clause 232 (2). 24
[5] Clause 233 Circumstances constituting manifest injustice 25
Omit "periodic detention order" from clause 233 (3). 26
Insert instead "intensive correction order". 27
[6] Clause 234 Notice of initial intention to refuse release on parole 28
Omit ", or the general manager responsible for the periodic detention centre," 29
from clause 234 (1). 30
[7] Clause 235 Decision on review of parole refusal 31
Omit ", or the general manager responsible for the periodic detention centre," 32
from clause 235 (1). 33
Page 40
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of Crimes (Administration of Sentences) Regulation 2008 Schedule 4
[8] Clause 242 Supervision during home detention assessment 1
Omit "section 165AA (1)" wherever occurring. 2
Insert instead "section 165B (1)". 3
[9] Clause 244 Revocation of order and review of revocation 4
Omit "a periodic detention order" from clause 244 (1). 5
Insert instead "an intensive correction order". 6
[10] Clause 244 (4) (a) 7
Omit ", or the general manager responsible for the periodic detention centre,". 8
[11] Clause 246 Notice of revocation of order 9
Omit "a periodic detention order," from clause 246 (1). 10
Insert instead "an intensive correction order". 11
[12] Clause 252 Declaration about associations with inmates 12
Omit "periodic detainee" from clause 252 (6). 13
Insert instead "intensive correction offender". 14
[13] Schedule 3 Offences against periodic detention discipline 15
Omit the Schedule. 16
[14] Schedule 4 Forms 17
Omit "periodic detention order" from Form 2 wherever occurring. 18
Insert instead "intensive correction order". 19
[15] Dictionary 20
Omit paragraph (a) of the definition of attendance site. 21
[16] Dictionary 22
Insert in alphabetical order: 23
intensive correction offender has the same meaning as offender 24
has in Part 3 of the Act. 25
[17] Dictionary 26
Omit the definitions of offence against discipline and periodic detainee. 27
Page 41
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 4 Amendment of Crimes (Administration of Sentences) Regulation 2008
[18] Dictionary 1
Omit paragraph (a) of the definition of supervisor. Insert instead: 2
(a) in relation to an intensive correction offender, a supervisor 3
under clause 174, and 4
[19] Dictionary 5
Omit paragraph (a) of the definition of work site. 6
Page 42
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of other Acts Schedule 5
Schedule 5 Amendment of other Acts 1
5.1 Child Protection (Offenders Registration) Act 2000 No 42 2
[1] Section 3 Definitions 3
Omit "a periodic detention order" from paragraph (a) (i) of the definition of 4
existing controlled person in section 3 (1). 5
Insert instead "an intensive correction order". 6
[2] Section 3 (1) 7
Insert in alphabetical order: 8
intensive correction order means an order referred to in section 7 9
of the Crimes (Sentencing Procedure) Act 1999. 10
[3] Section 3 (1), definition of "periodic detention order" 11
Omit the definition. 12
[4] Section 5 Notices to be given when registrable person commences 13
supervised sentence for registrable offence 14
Omit "a periodic detention order" from section 5 (3) (a). 15
Insert instead "an intensive correction order". 16
5.2 Children (Detention Centres) Act 1987 No 57 17
Section 24 Persons subject to control may be granted leave, discharged 18
etc 19
Omit "periodic detention" from section 24 (1) (c). 20
Insert instead "an intensive correction order". 21
5.3 Civil Liability Act 2002 No 22 22
Section 26A Definitions 23
Omit "periodic detention" from paragraph (b) of the definition of offender in 24
custody or offender in section 26A (1). 25
Insert instead "intensive correction in the community". 26
Page 43
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 5 Amendment of other Acts
5.4 Crimes Act 1900 No 40 1
Section 310H Application of Part 2
Omit "a periodic detention order" from section 310H (a). 3
Insert instead "an intensive correction order". 4
5.5 Crimes (Appeal and Review) Act 2001 No 120 5
[1] Section 3 Definitions 6
Omit "a periodic detention order" from paragraph (a) (i) of the definition of 7
sentence in section 3 (1). 8
Insert instead "an intensive correction order". 9
[2] Section 63 Stay of execution of sentence pending determination of 10
appeal 11
Omit "a periodic detention order" from section 63 (5). 12
Insert instead "an intensive correction order". 13
5.6 Crimes (Interstate Transfer of Community Based Sentences) 14
Act 2004 No 72 15
[1] Section 7 What is a "community based sentence"? 16
Omit section 7 (1) (a) (i)(iii). Insert instead: 17
(i) a home detention order under section 6 of the 18
Crimes (Sentencing Procedure) Act 1999 and the 19
sentence of imprisonment in relation to which the 20
order is made, 21
(ii) an intensive correction order under section 7 of the 22
Crimes (Sentencing Procedure) Act 1999 and the 23
sentence of imprisonment in relation to which the 24
order is made, 25
(iii) a home detention order under section 165A of the 26
Crimes (Administration of Sentences) Act 1999 and 27
the remainder of the term of the sentence in relation 28
to which the order is made, 29
[2] Section 7 (2) (a)(c) 30
Omit the paragraphs. Insert instead: 31
(a) a home detention order under section 6 of the Crimes 32
(Sentencing Procedure) Act 1999 and the sentence of 33
imprisonment in relation to which the order is made, 34
Page 44
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of other Acts Schedule 5
(b) an intensive correction order under section 7 of the Crimes 1
(Sentencing Procedure) Act 1999 and the sentence of 2
imprisonment in relation to which the order is made, 3
(c) a home detention order under section 165A of the Crimes 4
(Administration of Sentences) Act 1999 and the remainder 5
of the term of the sentence in relation to which the order is 6
made, 7
5.7 Crimes (Serious Sex Offenders) Act 2006 No 7 8
Section 6 Application for extended supervision order 9
Omit "full-time, periodic or home detention" from section 6 (1) (a). 10
Insert instead "full-time detention, intensive correction in the community or 11
home detention". 12
5.8 Criminal Appeal Act 1912 No 16 13
Section 2 Definitions 14
Omit "a periodic detention order" from paragraph (a) (i) of the definition of 15
Sentence in section 2 (1). 16
Insert instead "an intensive correction order". 17
5.9 Criminal Records Act 1991 No 8 18
Section 7 Which convictions are capable of becoming spent? 19
Omit "by way of periodic detention" from the definition of prison sentence in 20
section 7 (4). 21
Insert instead "the subject of an intensive correction order". 22
5.10 Fines Act 1996 No 99 23
[1] Section 58 Summary of enforcement procedure 24
Omit "The fine defaulter may apply to serve that period of imprisonment by 25
way of periodic detention (see Division 6)." from section 58 (1) (e). 26
[2] Section 84 Suspension of orders during imprisonment or detention 27
Omit ", but not if the fine defaulter is serving a sentence of periodic detention" 28
from section 84 (2). 29
Page 45
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 5 Amendment of other Acts
[3] Sections 8989B 1
Omit the sections. Insert instead: 2
89 Intensive correction order 3
(1) A fine defaulter who is committed to a correctional centre by 4
warrant under this Division may apply to the Commissioner of 5
Corrective Services for an order that the fine defaulter's period of 6
imprisonment be served under an intensive correction order. An 7
application may be made in anticipation of the issue of a warrant. 8
(2) The Commissioner of Corrective Services may, on an application 9
under this section, order that the fine defaulter serve the period of 10
imprisonment under a warrant under this Division as 11
imprisonment under an intensive correction order. 12
(3) A fine defaulter is not eligible to serve a period of imprisonment 13
under an intensive correction order: 14
(a) if the period of imprisonment is less than the minimum 15
period determined in the guidelines under section 120 as 16
appropriate to be served under an intensive correction 17
order, or 18
(b) if the fine defaulter is remanded to or imprisoned in a 19
correctional centre (including as a periodic detainee), or 20
(c) if the fine payable by the fine defaulter is for an offence 21
committed while serving a period of imprisonment under 22
an intensive correction order, or 23
(d) if an earlier intensive correction order (whether under this 24
Act or the Crimes (Sentencing Procedure) Act 1999) has 25
been revoked because the fine defaulter has failed to serve 26
a sentence of imprisonment in accordance with the 27
requirements of the order, or 28
(e) in any other circumstances prescribed by the regulations. 29
(4) On making an order under this section, the warrant committing 30
the fine defaulter to a correctional centre is subject to the terms of 31
the order. 32
(5) The decision whether or not to grant an application under this 33
section is at the discretion of the Commissioner of Corrective 34
Services, and no appeal lies against a decision not to grant an 35
application in a particular case. 36
(6) The Commissioner of Corrective Services is to serve notice on 37
the State Debt Recovery Office of the making or revocation of an 38
order under this section. 39
Page 46
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of other Acts Schedule 5
(7) The State Debt Recovery Office may replace the original warrant 1
in respect of which the order was made with a fresh warrant in 2
connection with the outstanding fine at the time. 3
(8) Subject to this section: 4
(a) Division 1 of Part 5, section 67 and Divisions 3 and 4 5
(other than sections 72 and 73) of Part 5 of the Crimes 6
(Sentencing Procedure) Act 1999, and 7
(b) Parts 3 and 7 of the Crimes (Administration of Sentences) 8
Act 1999, and regulations made under those Parts, 9
apply to an intensive correction order under this Division in the 10
same way as they apply to an intensive correction order under 11
section 7 of the Crimes (Sentencing Procedure) Act 1999. 12
(9) In the application of those provisions to an intensive correction 13
order under this section, a reference in those provisions to a court 14
is taken to be a reference to the Commissioner of Corrective 15
Services. 16
(10) The functions of the State Parole Authority under Part 7 of the 17
Crimes (Administration of Sentences) Act 1999 with respect to 18
the revocation of intensive correction orders are, in relation to an 19
intensive correction order under this Division, to be exercised by 20
the Commissioner of Corrective Services. 21
89A Service and notice of intensive correction order 22
(1) As soon as practicable after making an intensive correction order 23
under this Division, the Commissioner of Corrective Services 24
must cause a copy of the order and written notice of the order to 25
be served on the fine defaulter and the State Debt Recovery 26
Office. 27
(2) The notice must be in the form prescribed by the regulations and 28
must include the following information: 29
(a) the office of Corrective Services NSW to which the fine 30
defaulter must report, 31
(b) the date on which, and the time at which, the fine defaulter 32
is first to report to that office of Corrective Services NSW. 33
(3) Two copies of the notice must be served on the fine defaulter. 34
(4) The fine defaulter must sign 2 copies of the notice in the presence 35
of the person by whom it was served. Of the copies: 36
(a) one is to be kept by the fine defaulter, and 37
(b) one is to be served by that person on, and kept by, the 38
Commissioner of Corrective Services. 39
Page 47
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 5 Amendment of other Acts
(5) An order under section 89 is not invalidated by a failure to 1
comply with this section or section 89B. 2
89B Provisions relating to service 3
(1) The intensive correction order and notice may be served on the 4
fine defaulter only in accordance with the directions of the 5
Commissioner of Corrective Services. 6
(2) The order and 2 copies of the notice are to be served personally 7
on the fine defaulter by the Sheriff or the Sheriff's officers or by 8
a court bailiff authorised by the Sheriff. 9
(3) The person who serves an intensive correction order under this 10
Division is required to explain the order to the fine defaulter on 11
whom it is served. 12
(4) The explanation is to be given in a language likely to be 13
understood by the fine defaulter and is to include information as 14
to the following matters: 15
(a) the requirements to be complied with by the fine defaulter 16
under the order, 17
(b) the consequences that may follow if the fine defaulter fails 18
to comply with those requirements, 19
(c) the fact that the order may be satisfied by payment of such 20
part of the fine as has not been satisfied by the period of 21
imprisonment served under the order. 22
[4] Section 90 Calculation of period of imprisonment under warrant 23
Omit section 90 (2). 24
[5] Section 91 Satisfaction of fine by imprisonment 25
Omit "or twice that amount for each detention period served by way of 26
periodic detention, as the case requires" from section 91 (2). 27
[6] Section 93 Terms under warrants to be served consecutively 28
Omit section 93 (2). 29
[7] Section 94 Terms under warrants to be served concurrently with other 30
non-fine default imprisonment 31
Omit section 94 (2). 32
[8] Section 120 Guidelines on exercise of functions under this Act 33
Omit "by way of periodic detention" from section 120 (1) (d). 34
Insert instead "under an intensive correction order". 35
Page 48
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Amendment of other Acts Schedule 5
[9] Schedule 3 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Crimes (Sentencing Legislation) Amendment (Intensive 3
Correction Orders) Act 2010 (to the extent that it amends this 4
Act) 5
[10] Schedule 3, Part 7 6
Insert after Part 6 of Schedule 3: 7
Part 7 Provisions consequent on enactment of 8
Crimes (Sentencing Legislation) 9
Amendment (Intensive Correction Orders) 10
Act 2010 11
23 Savings for periodic detention orders 12
(1) This Act (and the regulations under this Act) as in force 13
immediately before the enactment of the Crimes (Sentencing 14
Legislation) Amendment (Intensive Correction Orders) Act 2010 15
continue to apply to and in respect of: 16
(a) a periodic detention order made under Division 6 of Part 4 17
and in force immediately before the substitution of 18
section 89 by that Act, 19
(b) a periodic detention order made under Division 6 of Part 4 20
after the substitution of section 89 by that Act and pursuant 21
to subclause (2). 22
(2) An application by a fine defaulter under section 89 that is pending 23
immediately before the substitution of that section by the Crimes 24
(Sentencing Legislation) Amendment (Intensive Correction 25
Orders) Act 2010 is to be dealt with and determined as if that Act 26
had not been enacted. 27
(3) A reference in a section of this Act to any provision of the Crimes 28
(Sentencing Procedure) Act 1999 or the Crimes (Administration 29
of Sentences) Act 1999 is, for the purposes of the continued 30
application of that section under subclause (1), to be read as a 31
reference to the provision as in force immediately before the 32
commencement of any amendment of the provision by the 33
Crimes (Sentencing Legislation) Amendment (Intensive 34
Correction Orders) Act 2010. 35
Page 49
Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders)
Bill 2010
Schedule 5 Amendment of other Acts
5.11 Local Government Act 1993 No 30 1
Section 275 Who is disqualified from holding civic office? 2
Omit "whether or not by way of periodic detention" from section 275 (1) (c). 3
Insert instead "including a sentence the subject of an intensive correction 4
order". 5
5.12 Summary Offences Act 1988 No 25 6
[1] Section 27A Definitions 7
Omit ", and includes an offender who is detained in a periodic detention 8
centre" from the definition of inmate. 9
[2] Section 27A, definition of "place of detention" 10
Omit ", periodic detention centre". 11
Page 50
[Index] [Search] [Download] [Related Items] [Help]