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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "Sentencing of Federal Offenders: Stage II" [1985] AboriginalLawB 3; (1985) 1(12) Aboriginal Law Bulletin 5


Sentencing of Federal Offenders: Stage II

In 1980 the Australian Law Reform Commission completed a Report, Sentencing of Federal Offenders (ALRC 15, Interim) in which a number of proposals were made for sentencing reforms. Some of these proposals have been enacted in the Crimes Amendment Act 1982 (Cth). A number of important proposals were made in relation to a Sentencing Council, Parole, Appeals to the Federal Court of Australia, prison conditions and grievances and compensating victims of crime. A formidable list of items potentially remains to be considered: a review of the criminal justice system in the Australian Capital Territory and in particular the issue whether correctional institutions should be provided in the ACT, collection of sentencing data for Australia, plea bargaining, judicial review of prosecutorial discretion, fines and means inquiry, deportation, restitution and compensation orders, criminal bankruptcy, pecuniary penalties, non-custodial sentences, pardons, migrant offenders, white collar offenders, mentally ill offenders, women offenders, Aboriginal offenders, the role of a prosecutor in sentencing, presentence reports and the factual basis in sentencing. In addition, an issue of fundamental importance for consideration of the Commission will be a Commonwealth Act, incorporating the general provisions of Commonwealth law governing the punishment of Commonwealth and Territorial offenders. The Commission proposes to append to its final Report a Bill to translate into legislative form the final recommendations on the matters dealt with in ALRC 15, the matters relevant to punishment of persons convicted of offences against the laws of the ACT and the matters abovementioned.

Recently Mr George Zdenkowski, a Senior Lecturer in Law at the University of N.S.W., has been appointed a full-time member of the Commission to take charge of the Sentencing Reference and to revive work on it.

Of immediate concern to the Commission will be the commencement of thoroughgoing consultation processes to obtain feedback in relation to important matters raised by the Interim Report (ALRC 15). In addition, comments and submissions are invited in relation to the matters which will be dealt with by the Commission in its forthcoming research programme. As the work of the Commission proceeds in relation to this second aspect and discussion papers become available, it is hoped to consult widely within the community including the relevant professional associations.

In the meantime, any correspondence maybe directed to:

George Zdenkowski,
The Law Reform Commission, P.O. Box 3708,
SYDNEY. N.S.W. 2001.


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