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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 2007
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 Crimes (Serious Sex Offenders) Act 2006
No 7 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 8
Schedule 3 Amendment of Crimes (Serious Sex Offenders) Act 2006 11
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2007
New South Wales
Crimes (Administration of Sentences)
Amendment Bill 2007
Act No , 2007
An Act to amend the Crimes (Administration of Sentences) Act 1999 and the
regulations under that Act in relation to the management of correctional centres; and
for other purposes.
Clause 1 Crimes (Administration of Sentences) Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes (Administration of Sentences) Amendment
Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
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 Crimes (Serious Sex Offenders) Act 2006 No 7
The Crimes (Serious Sex Offenders) Act 2006 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(1) This Act is repealed on the day following the day on which this Act
commences.
(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 2007
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
Schedule 1 Amendment of Crimes (Administration
of Sentences) Act 1999
(Section 3)
[1] Section 3 Interpretation
Insert in alphabetical order in section 3 (1):
compliance and monitoring officer means a member of staff of
the Department who is appointed as a compliance and monitoring
officer under section 235G.
[2] Section 3 (1), definition of "parole eligibility date"
Insert "while on release on parole or" after "custody" in paragraph (b) of the
definition.
[3] Sections 21 (4) and (5), 41D (5), (6) and (7) (b), 52 (2) (d) and (e), 55 (4),
190 (1) (a), 204 (a) and 235A (f)
Omit "a legal practitioner" wherever occurring.
Insert instead "an Australian legal practitioner".
[4] Section 76A
Insert after section 76:
76A Inmates' money
(1) Any money:
(a) that is surrendered by an inmate on being taken into
custody at a correctional centre, or
(b) that is paid to an inmate pursuant to section 7, or
(c) that is received by a correctional officer or other member
of staff of the Department on an inmate's behalf,
is to be deposited in an authorised deposit-taking institution.
(2) Until repaid, money so deposited may be invested by the
Treasurer in any form of investment approved by the Treasurer.
(3) Interest from any such investment may be applied for the benefit
of inmates and their families in such manner as the
Commissioner may determine.
Page 3
Crimes (Administration of Sentences) Amendment Bill 2007
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
[5] Section 81 Obligations of offender
Omit section 81 (d). Insert instead:
(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 and, for that purpose, to
enter the premises at that address.
[6] Section 104 Obligations of offender
Omit section 104 (c). Insert instead:
(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 and, for that purpose, to
enter the premises at that address.
[7] Section 141 Decision following review
Omit section 141 (3). Insert instead:
(3) If the Parole Authority decides that the offender should be
released on parole, the Parole Authority must make an order
directing the release of the offender on a day occurring during a
period specified in accordance with subsection (3AA).
(3AA) The period to be specified in a parole order under this section is
to be:
(a) if the order is made earlier than the offender's parole
eligibility date, a period beginning no earlier than the
offender's parole eligibility date and ending no later than
35 days after that date, and
(b) in any other case, a period beginning no earlier than the
date on which the order is made and ending no later than
35 days after that date.
[8] Section 141 (3A)
Omit "a day on which to release a violent offender under subsection (3)".
Insert instead "when a violent offender should be released".
[9] Section 235 Functions of correctional officers
Insert after section 235 (2):
(3) The Commissioner may, by order in writing, authorise any
person to exercise such functions of a correctional officer as are
specified in the order, subject to such conditions as are so
specified.
Page 4
Crimes (Administration of Sentences) Amendment Bill 2007
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
(4) The functions so specified may include not only functions under
this Act but also functions under any other Act or law.
(5) In the exercise of any such function, a person so authorised is
taken to be, for all purposes, a correctional officer.
[10] Section 235G
Omit the section. Insert instead:
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 to exercise
such of the functions referred to in subsections (2) and (3) as are
specified in the instrument of his or her appointment or in a
subsequent instrument executed by the Commissioner.
(2) The functions exercisable by a compliance and monitoring
officer may include any of the following:
(a) functions associated with the conduct of an intervention
program under Part 4 of Chapter 7 of the Criminal
Procedure Act 1986,
(b) functions associated with the administration of an
extended supervision order or interim supervision order
under Part 2 of the Crimes (Serious Sex Offenders) Act
2006,
(c) functions of a correctional officer under Part 4A of the
Summary Offences Act 1988 in relation to offences relating
to places of detention,
(d) functions of a probation and parole officer, or of any other
person within the Probation and Parole Service, under this
or any other Act,
(e) functions of a correctional officer under section 39 in
relation to the arrest of inmates unlawfully absent from
custody,
(f) functions of a correctional officer under the regulations in
relation to the testing of offenders (including offenders
who are on release on parole) for the presence of alcohol
or drugs,
Page 5
Crimes (Administration of Sentences) Amendment Bill 2007
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999
(g) such other functions as are ancillary to the functions
referred to in the foregoing paragraphs,
but only in relation to offenders who are outside a correctional
centre and only in relation to offenders who are of or above the
age of 18 years.
(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.
(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) Subject to subsection (4), a compliance and monitoring officer
may use such force as is reasonably necessary in the exercise of
his or her functions under this section.
(6) 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, 5 or 6, or
(c) an offender referred to in Part 8 of the Crimes (Sentencing
Procedure) Act 1999, or
(d) an offender or accused person the subject of an
intervention program under Part 4 of Chapter 7 of the
Criminal Procedure Act 1986, or
(e) a sex offender the subject of an extended supervision order
or interim supervision order under Part 2 of the Crimes
(Serious Sex Offenders) Act 2006.
[11] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes (Administration of Sentences) Amendment Act 2007
Page 6
Crimes (Administration of Sentences) Amendment Bill 2007
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1
[12] Schedule 5, Part 12
Insert after Part 11:
Part 12 Provisions consequent on enactment of
Crimes (Administration of Sentences)
Amendment Act 2007
96 Definition
In this Part:
the 2007 amending Act means the Crimes (Administration of
Sentences) Amendment Act 2007.
97 Inmates' money
Section 76A, as inserted by the 2007 amending Act, extends to
any money that, before the commencement of that section, had
been surrendered, paid or received as referred to in subsection (1)
of that section.
98 Compliance and monitoring officers
Any appointment as a compliance and monitoring officer that
was in force under section 235G immediately before its
substitution by the 2007 amending Act is taken to have been
made under the new section 235G.
Page 7
Crimes (Administration of Sentences) Amendment Bill 2007
Schedule 2 Amendment of Crimes (Administration of Sentences) Regulation 2001
Schedule 2 Amendment of Crimes (Administration
of Sentences) Regulation 2001
(Section 4)
[1] Clause 110 Certain letters and parcels privileged
Insert after clause 110 (1):
(1A) An exempt body or exempt person may, by written notice sent to
the Commissioner, direct that letters or parcels from a specified
inmate, or from inmates of a specified class, are not to be posted
to that body or person.
(1B) Subclause (1) does not apply to any letter or parcel from an
inmate the subject of a notice under subclause (1A), and any such
letter or parcel may instead be confiscated.
(1C) A letter or parcel that has been confiscated under subclause (1B)
may, together with its contents, be dealt with in accordance with
the directions of the Commissioner.
[2] Clause 205A
Insert after clause 205:
205A Testing for alcohol and drugs
(1) On forming a suspicion that an offender who is in attendance at a
work site or attendance site has recently consumed or is under the
influence of alcohol or any other intoxicating substance, an
authorised testing officer may require the offender to undergo a
breath test.
(2) On forming a suspicion that an offender who is in attendance at a
work site or attendance site:
(a) has been administered (whether by himself or herself or
otherwise) with a drug, or
(b) is under the influence of a drug,
an authorised testing officer may require the offender to supply a
sample of urine for testing or analysis and give directions as to
how the sample is to be supplied.
(3) An offender must not refuse or fail to comply with a requirement
under this clause.
Maximum penalty: 5 penalty units.
Page 8
Crimes (Administration of Sentences) Amendment Bill 2007
Amendment of Crimes (Administration of Sentences) Regulation 2001 Schedule 2
(4) In this clause, authorised testing officer means a person who is
authorised by the Commissioner to exercise the functions of an
authorised testing officer for the purposes of this clause.
[3] Clause 217 Supervision conditions generally
Omit clause 217 (2) (d). Insert instead:
(d) to reside at an address approved by the officer,
(d1) to permit the officer to visit the offender at the offender's
residential address at any time and, for that purpose, to
enter the premises at that address,
[4] Clause 281
Omit the clause. Insert instead:
281 Order of ranking of correctional and other officers
(1) The order of ranking of correctional officers, in descending order,
is as follows:
Deputy Commissioner
Assistant Commissioner
Chief Superintendent
General Manager
Superintendent
Manager of Security
Deputy Superintendent
Senior Assistant Superintendent
Principal Correctional Officer
Assistant Superintendent
Chief Correctional Officer
Senior Correctional Officer
Correctional Officer
Probationary Correctional Officer
Page 9
Crimes (Administration of Sentences) Amendment Bill 2007
Schedule 2 Amendment of Crimes (Administration of Sentences) Regulation 2001
(2) The order of ranking of Departmental officers employed in the
Corrective Services Industries Branch of the Department, in
descending order, is as follows:
Manager of Industries (Level 1)
Manager of Industries (Level 2)
Manager, Centre Services and Employment
Manager, Business Unit
Senior Overseer
Overseer
[5] Dictionary
Omit the definition of legal practitioner. Insert instead:
legal practitioner means an Australian legal practitioner within
the meaning of the Legal Profession Act 2004.
Page 10
Crimes (Administration of Sentences) Amendment Bill 2007
Amendment of Crimes (Serious Sex Offenders) Act 2006 Schedule 3
Schedule 3 Amendment of Crimes (Serious Sex
Offenders) Act 2006
(Section 5)
Section 11 Conditions that may be imposed on supervision order
Omit section 11 (a). Insert instead:
(a) to permit any corrective services officer to visit the
offender at the offender's residential address at any time
and, for that purpose, to enter the premises at that address,
or
Page 11
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