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(Alternate Chairperson) Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to provide for the appointment of an Alternate Chairperson of the
Serious Offenders Review Council under the Correctional Centres Act
1952 and for the functions of the Alternate Chairperson, and
(b)
to make it clearer that the Deputy Chairperson of that Council and the
Deputy Chairperson of the Parole Board constituted by the Sentencing
Act 1989 are to exercise the functions of the Chairperson of that
Council and the functions of the Chairperson of that Board,
respectively, during any illness or absence of the Chairpersons and
Alternate Chairpersons of those bodies.
Clause 2 provides for the commencement of the proposed Act on a day to
be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Correctional Centres Act 1952 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the
Sentencing Act 1989 set out in Schedule 2.
Appointment of Alternate Chairperson of the Serious
Offenders Review Council
Schedule 1 [ 1 ] , [2], [5] and [6] amend section 61 of, and Schedule 5 to, the
Correctional Centres Act 1952 to provide for the appointment of an Alternate
Chairperson as a member of the Serious Offenders Review Council. The
person appointed to that office must be a judicially qualified person, namely
a Judge or retired Judge of a New South Wales Court or the Federal Court, a
Magistrate or retired Magistrate or a person qualified to be appointed as a
Judge of a New South Wales Court.
Schedule 1 [7] amends Schedule 5 to that Act to provide that the Alternate
Chairperson may continue to act as a Judge and to declare that service as the
Alternate Chairperson is to be treated as if it were service as a Judge.
Functions of the Alternate Chairperson of the Review Council
Schedule 1 [8] amends Schedule 5 to that Act to provide for the Alternate
Chairperson to exercise the functions of the Chairperson of the Review
Council during the illness or absence of the Chairperson and for the Deputy
Chairperson of the Review Council to exercise the functions of the Alternate
Chairperson during the illness or absence of that member.
Schedule 1 [9] and [10] amend Schedule 5 to that Act so that a vacancy in
the office of Alternate Chairperson is taken to be an absence from the office
of Alternate Chairperson and so that a vacancy in the office of Alternate
Chairperson or Deputy Chairperson will occur when the Alternate
Chairperson is acting as Chairperson of the Review Council or the Deputy
Chairperson is acting as Alternate Chairperson of that Council.
Schedule 1 [11] amends Schedule 5 to provide that the Chairperson (or, in
the case of an illness or absence of the Chairperson, the Alternate or Deputy
Chairperson exercising the functions of the Chairperson) will preside at
meetings of the Review Council and that a judicial member of a Division of
that Council will preside at meetings of the Division.
Explanatory note page 2
Schedule 1 [12] provides that the Alternate and Deputy Chairpersons are
able to attend a meeting of the Review Council at which the Chairperson is
present only if the Chairperson authorises them to do so and that, even if
either or both of them are so authorised, they may not vote on a decision of
that Council.
Schedule l [13] inserts a new Part 9 into Schedule 8 of that Act which
provides that the amendments made by the proposed Act do not require
members of the Review Council to be re-appointed.
Deputy Chairperson to act in office of Chairperson of Review
Council
Parole Board when exercising functions of
Alternate Chairperson of that body
The Sentencing Act 1989 already provides for an Alternate Chairperson and a
Deputy Chairperson of the Parole Board. Schedule 1 [8] and Schedule 2
respectively amend the Correctional Centres Act 1952 and the Sentencing Act
1989 to expressly provide that the Deputy Chairperson of that Council and
the Deputy Chairperson of the Parole Board are to exercise the functions of
the Chairperson of that Council and the functions of the Chairperson of that
Board, respectively, during any illness or absence of the Chairpersons and
Alternate Chairpersons of those bodies.
Minor amendments
Schedule 1 [3] and [4] amend section 66 of, and the heading to Schedule 5
to, the Correctional Centres Act 1952 to make them parallel to equivalent
provisions of the Sentencing Act 1989.
Explanatory note page 3