DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 - As at 25 May 2020 - Act 40 of 2003
DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003
- As at 25 May 2020
- Act 40 of 2003
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. Definitions
3. Objects of this Act
4. Relationship with Bail Act
PART 2 - CONTINUING DETENTION OR SUPERVISION
Division 1 - Application for orders
5. Attorney-General may apply for orders
6. Prisoner may file material in response
7. Contents of affidavit
8. Preliminary hearing
8A. Attorney-General may produce report
9. What a risk assessment order authorises
9AA. Victim’s submission relating to division 3 order
9A. Court may adjourn hearing for division 3 order
10. Discontinuing application for division 3 order
Division 2 - Psychiatric examinations
11. Preparation of psychiatric report
12. Psychiatric reports to be given to the Attorney-General and the prisoner
Division 3 - Final orders
13. Division 3 orders
13A. Fixing of period of supervision order
Division 3A - Effect of particular orders
14. Effect of continuing detention order or interim detention order
15. Effect of supervision order or interim supervision order
Division 3B - Supervised release to be subject to particular requirements
Subdivision 1 - Requirements for supervised release
16. Requirements for orders
Subdivision 2 - Directions to released prisoners
16A. Curfew and monitoring directions
16B. Other directions
16C. Criteria for giving directions
16D. Requirement under order to comply with directions not affected
Division 3C - Reasons for orders
17. Court or relevant appeal court to give reasons
Division 4 - Amendment of supervision orders or interim supervision orders
18. Application for amendment
19. Amendment of requirements of supervision order or interim supervision order
19A. Removal or reinstatement of requirement to comply with curfew direction or monitoring direction
Division 4A - Extending supervised release
19B. Attorney-General may apply for further supervision order
19C. Requirements for application
19D. Application of provisions for division 3 orders
19E. Fixing of period of further supervision order
19F. Effect of further supervision order
Division 5 - Contravention of supervision order or interim supervision order
20. Warrant for released prisoner suspected of contravening a supervision order or interim supervision order
21. Interim order concerning custody generally
21A. Victim’s submission relating to further order
22. Court may make further order
22A. Appearance by Attorney-General
Division 6 - Return to custody of released prisoner
23. Application of division
24. Period in custody not counted
Division 7 - Disclosure provisions
25. Duty to disclose
PART 3 - ANNUAL REVIEWS
26. Purpose of this part
27. Review—periodic
28. Review—application by prisoner
28A. Attorney-General may produce report
29. Psychiatric reports to be prepared for review
30. Review hearing
PART 4 - APPEALS
31. Appeals
32. Time for appeal
33. Starting appeal
34. Registrar to give respondent copies of particular documents
35. Abandoning applications for extensions
36. Abandoning appeal
37. Lawyer acting for prisoner
38. Lawyer withdrawing from acting for prisoner
39. Application for leave to be present
40. Prisoner detained in custody
41. Stay of operation of decision
42. Court’s power to order re-arrest on appeal by Attorney-General
43. Court of Appeal’s powers on appeal
PART 4A - OFFENCES
43AA. Contravention of relevant order
43AB. Applying for change of name without permission
43AC. Indictable offences that must be heard and decided summarily on prosecution election
43AD. Constitution of Magistrates Court
43AE. When Magistrates Court must abstain from jurisdiction
43AF. Charge may be heard and decided where defendant arrested or served
43AG. Time for prosecution
43AH. Maximum penalty for indictable offences dealt with summarily
43AI. Appeals against decision to decide charge summarily
PART 5 - GENERAL
43A. Persons who remain prisoners for particular purposes
43B. (Repealed)
44. Hearings on the papers
45. Other hearings
46. Court may give directions
47. Service on a prisoner
48. Service or filing by a prisoner
49. Appearance at hearings
49A. Provisions about victim’s submissions and hearings
50. Order for detention taken to be a warrant for Corrective Services Act
51. Parole
52. Approved forms
53. Regulation-making power
PART 6 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2005
54. Amendment does not affect existing orders
55. Transitional statements for particular provisions
56. Amendments not to affect status of persons who were prisoners for particular purposes
PART 7 - TRANSITIONAL PROVISIONS FOR DANGEROUS PRISONERS (SEXUAL OFFENDERS) AMENDMENT ACT 2007
57. Application of amended Act to previous orders
58. Transitional statements for particular provisions
PART 8 - TRANSITIONAL PROVISIONS FOR DANGEROUS PRISONERS (SEXUAL OFFENDERS) AND OTHER LEGISLATION AMENDMENT ACT 2010
59. Application of s 13A to existing applications
60. Application of s 13A to reviews of existing continuing detention orders
61. Existing supervision orders
62. Transitional provision for directions under s 16B
63. First review period for particular existing continuing detention orders
PART 9 - TRANSITIONAL PROVISIONS FOR CRIMINAL LAW AMENDMENT ACT 2014
64. Application of amended s 43AA to previous orders
65. Application of amended definition of serious sexual offence
PART 11 - TRANSITIONAL AND DECLARATORY PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2020
70. Pending application for division 3 order
71. Existing division 3 order
SCHEDULE 1
