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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Administration of Sentences)
Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Administration of Sentences)
Act 1999 No 93 2
4 Amendment of Crimes (Administration of Sentences)
Regulation 2001 2
5 Amendment of Children (Detention Centres) Act 1987
No 57 2
6 Repeal of Act 2
Schedule 1 Amendment of Crimes (Administration of Sentences)
Act 1999 3
Schedule 2 Amendment of Crimes (Administration of Sentences)
Regulation 2001 12
Schedule 3 Amendment of Children (Detention Centres) Act 1987 14
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Crimes (Administration of Sentences)
Amendment Bill 2006
Act No , 2006
An Act to amend the Crimes (Administration of Sentences) Act 1999 with respect to
the supervision of lifetime parolees and other miscellaneous matters; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes (Administration of Sentences) Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes (Administration of Sentences) Amendment
Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
The Crimes (Administration of Sentences) Act 1999 is amended as set
out in Schedule 1.
4 Amendment of Crimes (Administration of Sentences) Regulation 2001
The Crimes (Administration of Sentences) Regulation 2001 is amended
as set out in Schedule 2.
5 Amendment of Children (Detention Centres) Act 1987 No 57
The Children (Detention Centres) Act 1987 is amended as set out in
Schedule 3.
6 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Crimes (Administration of Sentences) Amendment Bill 2006
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
Schedule 1 Amendment of Crimes (Administration
of Sentences) Act 1999
(Section 3)
[1] The whole Act (sections 3 (1) and 77 (1) and (2) and Schedule 5 excepted)
Omit "governor", "governors", "governor's" and "Governors" (but not
"Governor") wherever occurring.
Insert instead "general manager", "general managers", "general manager's"
and "General managers", respectively.
[2] Section 3 Interpretation
Insert in alphabetical order in section 3 (1):
general manager means:
(a) in relation to a correctional centre, the general manager of
the correctional centre, or
(b) in relation to a periodic detention centre, the general
manager of the correctional centre who is responsible for
the periodic detention centre by virtue of a proclamation
referred to in section 226 (3),
and includes any person who is for the time being in charge of the
correctional centre referred to in paragraph (a) or (b), as the case
requires.
[3] Section 3 (1), definition of "governor"
Omit the definition.
[4] Section 41C Transfers to and from juvenile correctional centres
Insert after section 41C (4) (after the note):
(5) Subsections (2), (3) and (4) do not apply to the transfer of a
juvenile inmate to a hospital pursuant to an order by the
Commissioner under section 24.
(6) Such an order may not be made without prior consultation
between the Commissioner and the Chief Executive Officer,
Justice Health.
[5] Section 77 Attendance of inmates before courts and court officers
Omit "the governor of the correctional centre in which the inmate is held"
from section 77 (1).
Insert instead "the Commissioner".
Page 3
Crimes (Administration of Sentences) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
[6] Section 77 (2)
Omit "governor".
Insert instead "general manager of the correctional centre in which the inmate
is held".
[7] Section 81 Obligations of offender
Insert at the end of section 81 (c):
, and
(d) to permit any correctional officer or other member of staff
of the Department to visit the offender at the offender's
residential address at any time.
[8] Section 87 Leave of absence for failing to report
Insert after section 87 (2):
(2A) Leave of absence that is granted before the detention period to
which it relates may be granted subject to such conditions as the
Commissioner may determine.
[9] Section 104 Obligations of offender
Insert at the end of section 104 (b):
, and
(c) to permit any correctional officer or other member of staff
of the Department to visit the offender at the offender's
residential address at any time.
[10] Section 107 Definitions
Insert in alphabetical order:
community service field officer means a person who is employed
for the purpose of supervising offenders subject to community
service orders while the offenders are performing community
service work.
[11] Section 107, definition of "supervisor"
Omit the definition.
[12] Section 110 Duration of community service order
Omit section 110 (b).
Page 4
Crimes (Administration of Sentences) Amendment Bill 2006
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
[13] Section 112 Performance of community service work
Omit "supervisors" from section 112 (1) (b).
Insert instead "community service field officers".
[14] Section 114 Extension of period of community service order
Omit section 114 (2).
[15] Section 115 Revocation of community service orders
Omit section 115 (2B).
[16] Section 117 Regulations
Omit "supervisors" from section 117 (g).
Insert instead "community service field officers".
[17] Section 128 Conditions of parole generally
Insert "this Act or" after "standard conditions imposed by" wherever
occurring in section 128 (1) (a) and (4) (a) and (b).
[18] Section 128 (3)
Insert "but subject to section 128B," after "subsection (2A),".
[19] Section 128B
Insert after section 128A:
128B Conditions of parole as to lifetime supervision
(1) This section applies to an offender serving an existing life
sentence within the meaning of Schedule 1 to the Crimes
(Sentencing Procedure) Act 1999, being an offender in respect of
whom a parole order is made as a consequence of the Supreme
Court having set a non-parole period for the sentence (but not a
specified term) under clause 4 of that Schedule.
(2) It is a condition of a parole order for an offender to whom this
section applies that, for the whole of the period for which the
parole order is in force:
(a) the offender is to be subject to supervision, as prescribed
by the regulations, and
(b) in relation to that supervision, the offender must comply
with such obligations as the Commissioner may from time
to time impose on the offender.
Note. Unless the parole order is sooner revoked, the effect of this
provision is supervision for life.
Page 5
Crimes (Administration of Sentences) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
(3) This section does not permit the Commissioner to impose any
obligations that are inconsistent with any standard conditions
imposed by this Act or the regulations or any additional
conditions imposed by the sentencing court or the Parole
Authority.
[20] Section 138 Release of offender on parole
Omit "or before" from section 138 (1).
[21] Section 139 Notice to offender of decision to refuse parole
Omit "forming an initial intention" from section 139 (1).
Insert instead "deciding".
[22] Section 139 (1) (a)
Omit "intention". Insert instead "decision".
[23] Section 139 (2) (a)
Omit "initial intention". Insert instead "decision".
[24] Section 141A Submissions by Commissioner
Insert after section 141A (3):
(4) The regulations may make provision for or with respect to
submissions by the Commissioner under this section, including
provisions relating to the application of this Subdivision in
connection with any such submission.
[25] Section 164A Parole Authority may reinstate revoked periodic detention
order
Omit section 164A (1). Insert instead:
(1) If an offender's periodic detention order has been revoked under
this Division or under section 179, the Parole Authority:
(a) on the application of the offender, and
(b) subject to Part 5 of the Crimes (Sentencing Procedure)
Act 1999,
may make an order reinstating the offender's revoked periodic
detention order in respect of the remaining balance of the
offender's sentence.
Page 6
Crimes (Administration of Sentences) Amendment Bill 2006
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
(1A) Such an application:
(a) may not be made until the offender has, since the periodic
detention order was revoked, served at least 3 months of
the offender's sentence by way of full-time detention, and
(b) must state what the offender has done, or is doing, to
ensure that the offender will not fail to comply with the
offender's obligations under the periodic detention order
in the event that it is reinstated.
[26] Section 165AA Release of offender pending assessment for home
detention
Insert "or permitting the offender to remain at large" after "custody" in
section 165AA (1).
[27] Section 175 Decision after review
Omit section 175 (1A). Insert instead:
(1A) Despite subsection (1) (a) and (b), the Parole Authority may not
rescind the revocation of:
(a) a periodic detention order of an offender who has failed to
apply for, or been refused, leave of absence with respect to
3 or more detention periods, or
(b) a periodic detention order that it has revoked under
section 163 (1C), or
(c) a home detention order that it has revoked under
section 167 (6),
except in such circumstances as may be prescribed by the
regulations as constituting manifest injustice.
[28] Section 175A
Insert after section 175:
175A Review not available in certain circumstances
If an offender's periodic detention order, home detention order or
parole order is revoked within 30 days before the date on which
the offender's sentence expires (ignoring any extension of the
sentence under section 168 (3)):
(a) the revocation notice referred to in section 173 is not
required to comply with the requirements of
section 173 (2) (b) or (c), and
(b) the offender is not entitled to seek reconsideration of the
revocation of the order under section 174.
Page 7
Crimes (Administration of Sentences) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
[29] Section 181 Warrants committing offenders to correctional centres
Insert after section 181 (1A):
(1B) The Parole Authority may, by order, recall or suspend any
warrant that it has issued under this section.
[30] Section 181 (2)
Insert "or order" after "warrant".
[31] Section 181 (3)
Omit "A warrant".
Insert instead "Subject to any order under subsection (1B), a warrant".
[32] Section 181 (4)
Insert "or orders" after "warrants".
[33] Section 185 Functions of Parole Authority
Insert after section 185 (3):
(4) The regulations may make provision for or with respect to
submissions by the Commissioner under this section.
[34] Section 190 Rights of parties making submissions
Omit "147 (3)" from section 190 (3). Insert instead "147 (2)".
[35] Section 193A Access to documents held by Parole Authority
Insert ", but only to the extent to which those documents indicate the measures
that the offender has taken, or is taking, to address his or her offending
behaviour" after "the offender" in section 193A (2).
[36] Sections 235E235G
Insert after section 235D:
235E Functions of community service field officers
(1) In this section:
community service field officer means a person who is employed
for the purpose of supervising offenders subject to community
service orders while the offenders are performing community
service work.
(2) The functions of community service field officers are to be as
determined from time to time by the Commissioner.
Page 8
Crimes (Administration of Sentences) Amendment Bill 2006
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
(3) Community service field officers must at all times exercise their
functions in such manner as the Commissioner, having regard to
current circumstances, may from time to time direct.
235F Common work sites
(1) At any place at which both offenders under periodic detention
orders and offenders under community service orders are
carrying out community service work:
(a) any periodic detention field officer who is authorised by
the Commissioner in that regard may exercise the
functions of a community service field officer, and
(b) any community service field officer who is authorised by
the Commissioner in that regard may exercise the
functions of a periodic detention field officer.
(2) In this section:
community service field officer has the same meaning as it has in
section 235E.
periodic detention field officer has the same meaning as it has in
section 235D.
235G Functions of Departmental compliance and monitoring officers
(1) The Commissioner may appoint any member of staff of the
Department (including any correctional officer or probation and
parole officer) as a compliance and monitoring officer.
(2) A compliance and monitoring officer may, in relation to an
offender who is outside a correctional centre, exercise such of the
following functions as are specified in the instrument of his or her
appointment as a compliance and monitoring officer or in a
subsequent instrument executed by the Commissioner:
(a) the functions of a correctional officer in relation to the
arrest of offenders under section 39 in relation to the arrest
of inmates unlawfully absent from custody,
(b) the functions of a correctional officer under the regulations
in relation to the testing of offenders for the presence of
alcohol or drugs,
(c) the functions of a correctional officer under Part 4A of the
Summary Offences Act 1988 in relation to offences relating
to places of detention,
(d) such other functions as are ancillary to the functions
referred to in the foregoing paragraphs.
Page 9
Crimes (Administration of Sentences) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
(3) The functions referred to in subsection (2) may be exercised in
relation to an offender, in accordance with the legislative
provisions under which they arise, wherever the offender may be.
Note. For example, the functions conferred by this section may be
exercised:
(a) in relation to an inmate under Part 2 who is absent from a
correctional centre, and
(b) in relation to an offender under Part 3 who has failed to report as
required during a detention period, and
(c) in relation to an offender under Part 4 who is absent from home
during the period of a home detention order, and
(d) in relation to an offender under Part 5 while required to be
performing community service work.
(4) Subsection (3) is not to be construed as conferring on a
compliance and monitoring officer any power to enter premises
otherwise than with the consent of the occupier of those premises.
(5) In this section, offender means:
(a) an inmate referred to in Part 2 who is absent from a
correctional centre, or
(b) an offender referred to in Part 3, 4 or 5.
[37] Section 236F Testing of staff for alcohol and prohibited drugs
Insert "and, in particular, on the basis of the results of previous testing" after
"basis" in section 236F (2).
[38] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes (Administration of Sentences) Amendment Act 2006
[39] Schedule 5, Part 11
Insert after Part 10:
Part 11 Provisions consequent on enactment of
Crimes (Administration of Sentences)
Amendment Act 2006
89 Definition
In this Part:
the 2006 amending Act means the Crimes (Administration of
Sentences) Amendment Act 2006.
Page 10
Crimes (Administration of Sentences) Amendment Bill 2006
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
90 Duration of community service orders
Section 110, as amended by the 2006 amending Act, extends to
any community service order in force before the commencement
of that amendment.
91 Reinstatement of revoked periodic detention orders
Section 164A, as in force immediately before it was amended by
the 2006 amending Act, continues to apply to any application
made before the commencement of that amendment as if that Act
had not been enacted.
92 Rescission of revocation of certain orders
Section 175, as amended by the 2006 amending Act, extends to
any periodic detention order or home detention order that had
been revoked before the commencement of that amendment.
93 Review of revocation of certain orders
Section 175A, as inserted by the 2006 amending Act, extends to
any periodic detention order, home detention order or parole
order that had been revoked before the commencement of that
amendment, other than an order in respect of which the offender
had, before the commencement of that amendment, notified the
Secretary of the Parole Authority under section 174 of the
offender's intention to make submissions to the Parole Authority.
94 Suspension of warrants of commitment
Section 181, as amended by the 2006 amending Act, extends to
any warrant issued under that section before the commencement
of those amendments.
95 References to "governor"
On and from the date on which the 2006 amending Act
substitutes references in this Act to "governor" with references to
"general manager", a reference in any other Act or instrument to
the governor of a correctional centre is taken to be a reference to
the general manager of a correctional centre.
Page 11
Crimes (Administration of Sentences) Amendment Bill 2006
Schedule 2 Amendment of Crimes (Administration of Sentences) Regulation 2001
Schedule 2 Amendment of Crimes (Administration
of Sentences) Regulation 2001
(Section 4)
[1] Clause 216 Imposition and extension of supervision conditions
Insert after clause 216 (2B):
(2C) Subclauses (1)(2B) do not apply to an offender to whom
section 128B of the Act applies.
[2] Clause 216 (3)
Omit the subclause. Insert instead:
(3) For the purposes of section 128 (3) of the Act:
(a) the prescribed supervision for an offender (other than an
offender to whom section 128B of the Act applies) is
supervision by a probation and parole officer, and
(b) the prescribed supervision for an offender to whom section
128B of the Act applies is supervision by a probation and
parole officer or by some other Departmental officer.
[3] Clause 217 Supervision conditions generally
Insert after clause 217 (4):
(5) Subclauses (3) and (4) do not apply to an offender to whom
section 128B of the Act applies.
[4] Clause 218 Variation of conditions so as to require supervision
Insert at the end of the clause:
(2) This clause does not apply to an offender to whom section 128B
of the Act applies.
[5] Clause 218A
Insert after clause 218:
218A Commissioner to review supervision obligations for offenders
serving existing life sentences
(1) This clause applies to an offender to whom section 128B of the
Act applies.
(2) An offender's section 128B obligations must be reviewed by the
Commissioner at intervals of not more than 12 months.
Page 12
Crimes (Administration of Sentences) Amendment Bill 2006
Amendment of Crimes (Administration of Sentences) Regulation 2001 Schedule 2
(3) As soon as practicable after imposing any section 128B
obligations on an offender, the Commissioner must notify the
Parole Authority of that fact.
(4) In this clause, section 128B obligation means an obligation to
which an offender is subject under section 128B (2) (b) of the
Act.
Page 13
Crimes (Administration of Sentences) Amendment Bill 2006
Schedule 3 Amendment of Children (Detention Centres) Act 1987
Schedule 3 Amendment of Children (Detention
Centres) Act 1987
(Section 5)
Section 37J Testing of juvenile justice officers for alcohol and prohibited
drugs
Insert "and, in particular, on the basis of the results of previous testing" after
"basis" in section 37J (2).
Page 14
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