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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Offenders (Serious Sexual
Offences) Minimum
Imprisonment and
Rehabilitation Bill 2006
Queensland
Offenders (Serious Sexual Offences)
Minimum Imprisonment and
Rehabilitation Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Minimum terms of imprisonment
3 Imprisonment for serious sexual offence . . . . . . . . . . . . . . . . . . . 4
4 Exception to minimum imprisonment for young offender in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 General matters to be taken into account when deciding period
of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Other matters to be taken into account when deciding period of
imprisonment if victim was a child . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Mandatory rehabilitation and relevant rehabilitation
programs
Division 1 Prisoner must successfully complete programs before
release
7 Rehabilitation program to be successfully completed before
release ......................................... 7
Division 2 Relevant rehabilitation programs
8 Chief executive to decide relevant rehabilitation program for
each serious sexual offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Notice to prisoner about relevant rehabilitation program for each
serious sexual offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Notice not to be amended in a substantial way . . . . . . . . . . . . . . 8
Part 4 Applications by DPP if relevant rehabilitation program not
successfully completed
11 Application if prisoner does not complete relevant rehabilitation
program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Declaratory order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
13 Effect of declaratory order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 5 Reviews
14 Review--periodic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Review hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 6 Ending statutory detention
16 Satisfying condition of release . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 7 General
17 Supreme Court may give directions . . . . . . . . . . . . . . . . . . . . . . . 12
18 Service on a prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
19 Service or filing by a prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Appearance at hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Declaratory order taken to be a warrant for Corrective Services
Act 2000 ........................................ 12
22 Relationship with other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Removal of provision from sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 8 Consequential amendment
25 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
26 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4A Relationship with Offenders (Serious Sexual
Offenders) Minimum Imprisonment and
Rehabilitation Act 2006 . . . . . . . . . . . . . . . . . . . . . . . 14
Schedule 1 Serious sexual offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2006
A Bill
for
An Act to provide for a minimum term of imprisonment and for
rehabilitation of persons convicted of committing serious
sexual offences, and for other purposes
s1 4 s3
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Offenders (Serious Sexual 4
Offences) Minimum Imprisonment and Rehabilitation Act
2006. 5
2 Definitions 6
The dictionary in schedule 2 defines particular words used in 7
this Act. 8
Part 2 Minimum terms of 9
imprisonment 10
3 Imprisonment for serious sexual offence 11
(1) Subject to section 4, a court that convicts a person of a serious 12
sexual offence committed after the commencement of this Act 13
must make both of the following-- 14
(a) a declaration that the person is a person to whom this 15
Act applies (an application declaration); 16
(b) an order sentencing the person to a period of 17
imprisonment for the offence that includes a period of 18
detention in custody. 19
(2) In setting the period of imprisonment and the period of 20
detention in custody, the court must have regard to any 21
submission about what are reasonable periods for the 22
purposes of part 3 to operate effectively in relation to the 23
person as a prisoner. 24
s4 5 s5
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
(3) However, this Act does not apply if the court imposes an 1
indefinite sentence on a person under the Penalties and 2
Sentences Act 1992, part 10.1 3
(4) Subsections (1) and (2) apply despite any Act mentioned in 4
schedule 1 and the Penalties and Sentences Act 1992. 5
4 Exception to minimum imprisonment for young offender 6
in particular circumstances 7
(1) This section applies to a court that convicts a person (the 8
offender) of an offence against the Criminal Code, section 9
215 if-- 10
(a) at the time the offender had or attempted to have 11
unlawful carnal knowledge with or of a child under the 12
age of 16 years-- 13
(i) the offender was under 19 years of age; and 14
(ii) the child was 14 or 15 years of age; and 15
(b) the offender would not have committed any other 16
serious sexual offence by having or attempting to have 17
carnal knowledge with or of the child if the child had 18
been 16 years of age. 19
(2) The court may make a declaration that the offender is not a 20
person to whom this Act applies. 21
(3) To remove any doubt it is declared that the court may, but 22
need not, make an order sentencing the offender to a period of 23
imprisonment. 24
5 General matters to be taken into account when deciding 25
period of imprisonment 26
(1) This section applies to a court in setting the period of 27
imprisonment and the period of detention in custody of a 28
person as mentioned in section 3(1)(b). 29
(2) Without limiting the matters to which the court must have 30
regard, the court must have regard to each of the following-- 31
1 Penalties and Sentences Act 1992, part 10 (Indefinite sentences)
s6 6 s6
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
(a) the maximum and any minimum penalty prescribed for 1
the serious sexual offence; 2
(b) the nature of the serious sexual offence and how serious 3
the offence was, including any physical or emotional 4
harm done to a victim; 5
(c) any damage, injury or loss caused by the person; 6
(d) the presence of any aggravating or mitigating factor 7
concerning the person; 8
(e) sentences imposed on, and served by, the person in 9
another State for an offence committed at or about the 10
same time as the offence with which the court is dealing. 11
6 Other matters to be taken into account when deciding 12
period of imprisonment if victim was a child 13
(1) This section also applies to a court in setting the period of 14
imprisonment and the period of detention in custody as 15
mentioned in section 3(1)(b) if the relevant serious sexual 16
offence was committed in relation to a person who, at the time 17
of the offence, was a child (the relevant child). 18
(2) The court must have regard primarily to the following in 19
addition to the matters mentioned in section 5-- 20
(a) the effect of the offence on the relevant child; 21
(b) the age of the relevant child; 22
(c) the nature of the offence, including, for example, any 23
physical harm or threat of physical harm to the relevant 24
child or any other person; 25
(d) the need to protect the relevant child, or any other child, 26
from the risk of the person reoffending; 27
(e) the need to protect children by deterring similar 28
behaviour by other persons; 29
(f) any remorse or lack of remorse of the person; 30
(g) anything else about the safety of children the court 31
considers relevant. 32
s7 7 s8
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
(3) In this section-- 1
child means a person under 16 years of age. 2
Part 3 Mandatory rehabilitation and 3
relevant rehabilitation 4
programs 5
Division 1 Prisoner must successfully 6
complete programs before release 7
7 Rehabilitation program to be successfully completed 8
before release 9
(1) It is a condition of release of a prisoner that, before the 10
completion of the prisoner's period of detention in custody, 11
the prisoner must have successfully completed each relevant 12
rehabilitation program for the prisoner. 13
(2) For subsection (1), a regulation may provide how a relevant 14
rehabilitation program is successfully completed. 15
Division 2 Relevant rehabilitation programs 16
8 Chief executive to decide relevant rehabilitation program 17
for each serious sexual offence 18
(1) After a person becomes a prisoner after the commencement of 19
this section, the chief executive must decide the rehabilitation 20
program or rehabilitation programs for each serious sexual 21
offence for which the person is convicted that is or are the 22
most appropriate for the prisoner to successfully complete. 23
(2) In making a decision under subsection (1), the chief executive 24
must consider the rehabilitation program or rehabilitation 25
programs available, or to be available, before the end of the 26
prisoner's period of detention in custody in relation to the 27
s9 8 s 10
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
conviction for a serious sexual offence or serious sexual 1
offences. 2
(3) To remove any doubt, it is declared that if a prisoner is 3
imprisoned for 2 or more serious sexual offences, a relevant 4
rehabilitation program for 1 particular type of offence may be 5
the same program or a different program for another particular 6
type of offence. 7
9 Notice to prisoner about relevant rehabilitation program 8
for each serious sexual offence 9
(1) The chief executive must give written notice to the prisoner 10
about the rehabilitation program or rehabilitation programs 11
the prisoner must successfully complete for each serious 12
sexual offence for which the prisoner is convicted. 13
(2) The notice mentioned in subsection (1) must be given to the 14
prisoner within 28 days after the day the prisoner is sentenced 15
to imprisonment. 16
(3) If, within the 28 days, the chief executive has not received all 17
the medical, psychiatric or psychological reports the chief 18
executive has requested or requires to make a decision about a 19
rehabilitation program or rehabilitation programs, the notice 20
must be given as soon as practicable after the reports are 21
received. 22
10 Notice not to be amended in a substantial way 23
(1) If a prisoner is given a notice stating 1 or more relevant 24
rehabilitation programs the prisoner must successfully 25
complete, the chief executive may not amend the notice, 26
despite the Acts Interpretation Act 1954, section 24AA,2 27
except to correct a minor or technical error, including, for 28
example, the name of a rehabilitation program. 29
(2) However, if a rehabilitation program mentioned in a notice 30
given to a prisoner is no longer available or will not become 31
available, a regulation may prescribe a replacement 32
2 Acts Interpretation Act 1954, section 24AA (Power to make instrument or decision
includes power to amend or repeal)
s 11 9 s 12
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
rehabilitation program that a prisoner must successfully 1
complete in order to comply with the notice. 2
(3) The chief executive may give written notice to the prisoner 3
about the regulation and how it affects a notice previously 4
given to the prisoner under section 9(1). 5
Part 4 Applications by DPP if relevant 6
rehabilitation program not 7
successfully completed 8
11 Application if prisoner does not complete relevant 9
rehabilitation program 10
(1) This section applies if a prisoner has not successfully 11
completed, or will not be able in the time available to 12
successfully complete, each relevant rehabilitation program 13
for the prisoner before the completion of the prisoner's period 14
of detention in custody. 15
(2) At least 28 days before the completion of the prisoner's period 16
of detention in custody, the DPP must apply to the Supreme 17
Court for an order declaring that the court considers the 18
prisoner has failed to successfully complete, without 19
reasonable excuse, each relevant rehabilitation program for 20
the prisoner. 21
(3) The DPP must give notice of the application to the prisoner at 22
least 14 days before the application is set down for hearing. 23
12 Declaratory order 24
(1) If, on hearing an application under section 11, the Supreme 25
Court is satisfied the prisoner has failed, without reasonable 26
excuse, to successfully complete each relevant rehabilitation 27
program for the prisoner, the court must, by order, make a 28
declaration accordingly (declaratory order). 29
s 13 10 s 15
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
(2) The DPP has the onus of proving the prisoner has failed, 1
without reasonable excuse, to successfully complete each 2
relevant rehabilitation program for the prisoner. 3
13 Effect of declaratory order 4
(1) Subject to this Act, on the making of a declaratory order about 5
a stated prisoner, the prisoner is to be detained in custody until 6
the prisoner-- 7
(a) successfully completes each relevant rehabilitation 8
program for the prisoner as stated in the declaratory 9
order; and 10
(b) is otherwise eligible for discharge or release. 11
(2) A person detained in custody under subsection (1) remains a 12
prisoner. 13
Part 5 Reviews 14
14 Review--periodic 15
(1) If the Supreme Court makes a declaratory order about a 16
person, the court must review the order at the end of 1 year 17
after the order first has effect, and afterwards at intervals of 18
not more than 1 year after the last review was made, while the 19
person continues to be detained in custody under section 13. 20
(2) The DPP must make any application required to be made to 21
cause the reviews mentioned in subsection (1) to be carried 22
out. 23
(3) The DPP must give notice of the review to the prisoner at least 24
14 days before the review is set down for hearing. 25
15 Review hearing 26
(1) If the court is satisfied the prisoner has failed to successfully 27
complete, without reasonable excuse, each relevant 28
s 16 11 s 16
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
rehabilitation program for the prisoner as stated in the 1
declaratory order, the court must make a further declaratory 2
order. 3
(2) The DPP has the onus of proving the prisoner has failed to 4
successfully complete, without reasonable excuse, each 5
relevant rehabilitation program for the prisoner as stated in the 6
declaratory order. 7
Part 6 Ending statutory detention 8
16 Satisfying condition of release 9
(1) Section 13 stops applying to a prisoner detained in custody
3
10
under the section as soon as the prisoner successfully 11
completes each relevant rehabilitation program for the 12
prisoner as stated in the declaratory order. 13
(2) Also, section 13 stops applying to a prisoner detained in 14
custody under the section if the court-- 15
(a) refuses an application made by the DPP under section 16
11(2) or 14(2); or 17
(b) otherwise orders that the prisoner be released from 18
custody. 19
(3) When section 13 stops applying to a person, the application 20
declaration about the person stops being in force. 21
3 Section 13 (Effect of declaratory order)
s 17 12 s 21
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
Part 7 General 1
17 Supreme Court may give directions 2
The Supreme Court may give directions in relation to the 3
conduct of a proceeding under this Act on its own initiative or 4
on an application. 5
18 Service on a prisoner 6
(1) If a document is required under this Act to be given to a 7
prisoner detained in custody, the document is taken to have 8
been given to the prisoner if the document is given to the 9
person in charge of the place where the prisoner is detained. 10
(2) If, under subsection (1), a document is given to the person in 11
charge of a place where a prisoner is detained in custody, the 12
person in charge must give the document to the prisoner 13
without undue delay. 14
19 Service or filing by a prisoner 15
(1) If a prisoner is unrepresented and is required under this Act to 16
give or file a document, the prisoner may give the document to 17
the person in charge of the place where the prisoner is 18
detained in custody. 19
(2) The person in charge must give or file the document without 20
undue delay. 21
20 Appearance at hearings 22
A prisoner is entitled to appear at a hearing under this Act. 23
21 Declaratory order taken to be a warrant for Corrective 24
Services Act 2000 25
A declaratory order about a person is taken, for the Corrective 26
Services Act 2000, section 94 to be a warrant for the person's 27
detention. 28
s 22 13 s 26
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
22 Relationship with other Acts 1
(1) The Bail Act 1980 does not apply to a person detained under 2
this Act. 3
(2) This Act does not limit the Dangerous Prisoners (Sexual 4
Offenders) Act 2003. 5
23 Removal of provision from sch 1 6
(1) This section applies if schedule 1 is amended and an offence 7
is no longer mentioned in the schedule (the omission). 8
(2) The omission does not affect the application of this Act to a 9
person convicted before the omission. 10
(3) For the application of this Act to the person, the offence 11
continues to be a serious sexual offence. 12
24 Regulation-making power 13
The Governor in Council may make regulations under this 14
Act. 15
Part 8 Consequential amendment 16
25 Act amended in pt 8 17
This part amends the Dangerous Prisoners (Sexual Offenders) 18
Act 2003. 19
26 Insertion of new s 4A 20
Part 1, after section 4-- 21
insert-- 22
4 Corrective Services Act 2000, section 9 (Authority for admission to corrective
services facility)
s 26 14 s 26
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
`4A Relationship with Offenders (Serious Sexual 1
Offenders) Minimum Imprisonment and 2
Rehabilitation Act 2006 3
`This Act does not limit the Offenders (Serious Sexual 4
Offences) Minimum Imprisonment and Rehabilitation Act 5
2006.'. 6
15
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
Schedule 1 Serious sexual offences 1
section 2 2
schedule 2, definition serious sexual offence 3
1 Any of the following provisions of the Criminal Code-- 4
· section 208 (Unlawful sodomy) 5
· section 209 (Attempted sodomy) 6
· section 210 (Indecent treatment of children under 16) 7
· section 213 (Owner etc. permitting abuse of children on 8
premises) 9
· section 215 (Carnal knowledge with or of children under 10
16) 11
· section 216 (Abuse of intellectually impaired persons) 12
· section 217 (Procuring young person etc. for carnal 13
knowledge) 14
· section 218 (Procuring sexual acts by coercion etc.) 15
· section 218A (Using internet etc. to procure children 16
under 16) 17
· section 219 (Taking child for immoral purposes) 18
· section 221 (Conspiracy to defile) 19
· section 222 (Incest) 20
· section 228A (Involving child in making child 21
exploitation material) 22
· section 228B (Making child exploitation material) 23
· section 228C (Distributing child exploitation material) 24
· section 228D (Possessing child exploitation material) 25
· section 229B (Maintaining a sexual relationship with a 26
child) 27
· section 320A (Torture) 28
16
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
Schedule 1 (continued)
· section 323A (Female genital mutilation) 1
· section 323B (Removal of child from State for female 2
genital mutilation) 3
· section 349 (Rape). 4
2 The Classification of Computer Games and Images Act 1995, 5
section 28 (Obtaining minor for objectionable computer 6
game). 7
3 Any of the following provisions of the Classification of Films 8
Act 1991-- 9
· section 42(3) or (4) (Making objectionable film) 10
· section 43 (Procurement of minor for objectionable 11
film). 12
4 Any of the following provisions of the Classification of 13
Publications Act 1991, section 18 (Procurement of minor for 14
RC publication or child abuse photograph). 15
17
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
Schedule 2 Dictionary 1
section 2 2
application declaration see section 3(1)(a). 3
conviction means a finding of guilt, or the acceptance of a 4
plea of guilty, by a court. 5
declaratory order see section 12(1). 6
department means the department in which the Corrective 7
Services Act 2000 is administered. 8
DPP means the director of public prosecutions. 9
period of imprisonment has the meaning given under the 10
Penalties and Sentences Act 1992. 11
12
Note--
13
Under the Penalties and Sentences Act 1992, section 4--
14
period of imprisonment means the unbroken duration of imprisonment
15
that an offender is to serve for 2 or more terms of imprisonment,
16
whether--
17
(a) ordered to be served concurrently or cumulatively; or
18
(b) imposed at the same time or different times;
19
and includes a term of imprisonment.
20
term of imprisonment means the duration of imprisonment imposed for
21
a single offence, and includes the imprisonment an offender is serving,
22
or is liable to serve--
23
(a) for default in payment of a single fine; or
24
(b) for failing to comply with a single order of a court.
prisoner means a person in relation to whom there is an 25
application declaration. 26
27
Note--
28
See section 3(1)(a) for when an application declaration is made and
29
section 16(3) for when an application declaration stops being in force in
30
relation to a person.
18
Offenders (Serious Sexual Offences) Minimum
Imprisonment and Rehabilitation Bill 2006
Schedule 2 (continued)
rehabilitation program means a medical, psychiatric or 1
psychological treatment program made available by or 2
through the department that is intended-- 3
(a) to correct a behaviour relevant to a particular type of 4
offence for which a prisoner was convicted; and 5
(b) to cause the prisoner to behave in a way acceptable to 6
the community. 7
relevant rehabilitation program, for a prisoner, means a 8
rehabilitation program that the chief executive decides, under 9
section 8(1),5 is a rehabilitation program that is appropriate for 10
the prisoner to successfully complete in relation to a serious 11
sexual offence for which the prisoner was convicted. 12
serious sexual offence means an offence prescribed under 13
schedule 1. 14
successfully complete, in relation to a rehabilitation program, 15
means complete the program in a way prescribed under a 16
regulation for the program. 17
5 Section 8 (Chief executive to decide relevant rehabilitation program for each serious
sexual offence)
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