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This is a Bill, not an Act. For current law, see the Acts databases.
2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Corrections)
Contents
Page
2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Corrections)
Corrections and Sentencing Legislation Amendment Bill 2012
A Bill for
An Act to amend legislation about corrections management and sentencing
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Corrections and Sentencing Legislation Amendment Act 2012.
(1) Parts 1 and 3 commence on the day after this Act’s notification day.
Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2) Part 2 commences 6 months after this Act’s notification day.
This Act amends the Corrections Management Act 2007 and the Crimes
(Sentence Administration) Act 2005.
Part 2 Corrections Management Act 2007
4 Definitions—discipline
Section
151, definition of administrator
omit
5 Section 151, new definition of initial report
insert
initial report—see section 156 (2) (e).
6 Section 151, definitions of investigative segregation and investigator’s report
substitute
investigative segregation means segregation directed under any of the following:
(a) section 156 (Report etc by corrections officer);
(b) section 158 (Action by presiding officer);
(c) section 160 (Director-general directions—investigative segregation).
investigator’s report—see section 157 (2) (b).
7 Section 151, new definition of presiding officer
insert
presiding officer means a corrections officer to whom the director-general has given functions of a presiding officer under this Act.
8 Report etc by corrections
officer
Section 156 (2) (e)
omit
an investigator a report
substitute
a presiding officer a report (an initial report)
omit
an investigator
substitute
the presiding officer
substitute
157 Investigation by investigator
(1) After being given an initial report about an alleged disciplinary breach by a detainee, the presiding officer may, if the presiding officer believes on reasonable grounds it is appropriate, refer the report to an investigator.
(2) The investigator must—
(a) consider the initial report and investigate the alleged disciplinary breach by the detainee; and
(b) give the presiding officer a report (an investigator’s report) about the alleged disciplinary breach.
(3) The report must include the following:
(a) a copy of the initial report;
(b) a recommendation for any action by the presiding officer under section 158 (2);
(c) the investigator’s reasons for the recommendation;
(d) anything else prescribed by regulation.
(4) The report may include any other information the investigator considers is relevant in relation to the alleged disciplinary breach.
(5) The corrections officer who made the initial report about the alleged disciplinary breach by the detainee must not exercise any function of an investigator in relation to the breach.
158 Action by presiding officer
(1) This section applies if a presiding officer is given—
(a) an initial report about an alleged disciplinary breach by a detainee; or
(b) an investigator’s report about an alleged disciplinary breach by a detainee.
(2) After considering the report and making any further investigation the presiding officer considers appropriate, the presiding officer may, if the presiding officer believes on reasonable grounds it is appropriate, do 1 or more of the following:
(a) take no further action in relation to the initial report;
(b) counsel the detainee;
(c) warn the detainee about committing a disciplinary breach;
(d) reprimand the detainee;
(e) refer the allegation to—
(i) the chief police officer; or
(ii) the director of public prosecutions;
(f) charge the detainee under section 159 (Disciplinary charge);
(g) subject to section 161 (Grounds for investigative segregation), direct that the detainee be segregated from other detainees for this part;
(h) anything else prescribed by regulation.
(3) A referral under subsection (2) (e) must be in writing and be accompanied by a report by the presiding officer.
(4) The corrections officer who made the initial report or investigator’s report about the alleged disciplinary breach by the detainee must not exercise any function of a presiding officer under this division in relation to the breach.
11 Disciplinary
charge
Section 159
omit
administrator
substitute
presiding officer
12 Director-general
directions—investigative segregation
Section 160 (2)
omit
under any
substitute
under either
13 Section 160 (2) (b) and (c)
substitute
(b) section 158 (Action by presiding officer).
14 Duration of investigative
segregation
Section 163 (5) (b)
omit
the administrator
substitute
a presiding officer
15 Meaning of presiding
officer—div 10.3.1
Section 166
omit
16 Disciplinary breach admitted by
accused
Section 167 (1)
omit
the administrator
substitute
a presiding officer
omit
administrator
substitute
presiding officer
18 Meaning of presiding
officer—div 10.3.2
Section 169
omit
19 Disciplinary inquiry into
charge
Section 170 (3) (a) and (b), except note
substitute
(a) made a report under either of the following sections in relation to the alleged disciplinary breach to which the charge relates:
(i) section 156 (Report etc by corrections officer);
(ii) section 157 (Investigation by investigator); or
(b) made the charge under section 158 (Action by presiding officer).
20 Presiding officer’s powers
after internal inquiry
New section 171 (5A)
insert
(5A) The presiding officer must give the director-general a copy of the notice under subsection (5).
21 Meaning of review
officer—div 10.3.3
Section 172
omit
22 Application for review of inquiry
decision
Section 173 (3)
omit
a review officer
substitute
the director-general
substitute
175 Review of inquiry decision
(1) On application under section 173, the director-general must conduct a further inquiry to review the decision to which the application relates.
(2) The director-general may, on the director-general’s own initiative, conduct a further inquiry to review the decision to which the notice under section 171 (5) relates.
Note Ch 11 (Disciplinary inquiries) applies in relation to an inquiry under this division (see s 190).
omit
Review officer’s
substitute
Director-general’s
omit
review officer
substitute
director-general
omit
review officer’s
substitute
director-general’s
in
• section 176 (2)
• section 178 (2)
• section 179
27 Adjudicator’s powers after
review
Section 180 (1) (b)
omit
a review officer
substitute
the director-general
28 Meaning of relevant presiding
officer—div 10.3.5
Section 182, definition of relevant
presiding officer, paragraph (c)
omit
a review officer
substitute
the director-general
insert
Chapter 51 Transitional—Corrections and Sentencing Legislation Amendment Act 2012
508 Alleged disciplinary breaches not finally dealt with before commencement day
(1) This section applies if—
(a) before the commencement day, a report about an alleged disciplinary breach by a detainee was made by a corrections officer under section 156 (2) (e) (Report etc by corrections officer); and
(b) immediately before the commencement day, the alleged disciplinary breach had not been finally dealt with.
(2) Chapter 10 (Discipline) as in force immediately before the commencement day continues to apply to the alleged disciplinary breach.
(3) In this section:
commencement day means the day the Corrections and Sentencing Legislation Amendment Act 2012, part 2 commences.
509 Expiry—ch 51
This chapter expires 1 year after the commencement day.
Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
30 Dictionary, definition of administrator
omit
31 Dictionary, new definition of initial report
insert
initial report—see section 156 (2) (e).
32 Dictionary, definition of investigator’s report
substitute
investigator’s report—see section 157 (2) (b).
33 Dictionary, definition of presiding officer
substitute
presiding officer—
(a) for this Act generally—see section 151; and
(b) for chapter 11 (Disciplinary inquiries)—see section 191.
34 Dictionary, definition of review officer
omit
Part 3 Crimes (Sentence Administration) Act 2005
35 Periodic detention—meaning of
detention period
Section 41 (2)
substitute
(2) However, a period mentioned in subsection (1) is not a detention period for an offender if—
(a) it includes any part of the following (an excluded period):
(i) Christmas Day, Good Friday or Easter Sunday during which the offender is available to perform periodic detention;
(ii) another day prescribed by regulation; and
(b) the offender has performed, or is taken to have performed, periodic detention for—
(i) the detention periods immediately before and after the excluded period; or
(ii) if the excluded period is the last detention period of the periodic detention period for the offender’s sentence of imprisonment—the detention period immediately before the excluded period.
36 Periodic detention—approval
not to perform etc
Section 55 (2), example
omit
, for compassionate reasons or because the offender is in custody otherwise than in relation to the offender’s periodic detention obligations
substitute
or for compassionate reasons
insert
57A Periodic detention—offender in custody for other reasons
(1) This section applies if an offender does not perform periodic detention for a detention period because the offender is, during the period, remanded in custody under a territory law or a law of the Commonwealth or another State.
(2) The offender is taken to have performed periodic detention for the detention period.
substitute
69 Board powers—repeated failures to perform periodic detention
39 New section 69 (2A) and (2B)
insert
(2A) However, if the board is satisfied that it is appropriate, having regard to the offender’s health or any exceptional circumstances, the board may give the offender approval not to perform periodic detention for up to 8 detention periods, including the detention periods the offender has failed to perform (an approved leave period).
(2B) For each approved leave period, an offender’s periodic detention period and sentence of imprisonment are automatically extended by 1 week.
40 Cancellation of periodic detention
on further conviction etc
Section 70 (1)
omit everything before paragraph (a), substitute
(1) This section applies if, after an offender was sentenced to serve periodic detention, the offender commits, and is convicted or found guilty of—
41 Cancellation of parole order for
non-ACT offence
Section 150 (1)
omit everything before paragraph (a), substitute
(1) This section applies if, while an offender’s parole order is in force, the offender commits, and is convicted or found guilty of—
42 Constitution of divisions of
board
Section 182 (2)
substitute
(2) The chair must assign 3 board members to each division including at least 1 judicial member.
substitute
(c) a board member may be assigned to 2 or more divisions at the same time.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 10 May 2012.
2 Notification
Notified under the Legislation Act on 2012.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2012
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