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This is a Bill, not an Act. For current law, see the Acts databases.
REHABILITATION OF OFFENDERS (INTERIM) AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police, Emergency Services and
Corrections)
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Police, Emergency Services and
Corrections)
Rehabilitation of
Offenders (Interim) Amendment Bill 2002 (No 2)
A Bill for
An Act to amend the
Rehabilitation of Offenders
(Interim) Act 2001, and for related purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Rehabilitation of Offenders (Interim) Amendment Act 2002
(No 2).
(1) This Act, other than section 23 (Time held in custody to count),
commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(2) Section 23 commences 3 months after this Act’s notification
day.
Part
2 Rehabilitation of Offenders
(Interim) Act 2001
This part amends the Rehabilitation of Offenders (Interim) Act
2001.
Note Additional amendments of other Acts are included in pt
3.
4 Arrest
with warrant of person subject to home detention
orderSection 22 (1) and
(2)
omit
apprehension
substitute
arrest
omit
apprehended
substitute
arrested
substitute
42 Victim to be told of decision to make parole order
etc
(1) This section applies if the board decides to make, or not to make, a
parole order for a sentenced offender and—
(a) a victim of the offender has made a submission to the board under
division 3.3.3 (Making decisions about release on parole) about the release of
the offender on parole; or
(b) the board is aware of concerns expressed by or on behalf of a victim
of the offender about the need for protection of the victim, or the
victim’s family, from violence or harassment by the offender; or
(c) details of a victim of the offender are entered in the victims
register.
(2) The board must take all reasonable steps to tell the victim, as soon
as is practicable, about—
(a) the board’s decision; and
(b) if the board decides to make a parole order—
(i) the date the sentenced offender is to be released on parole;
and
(ii) the offender’s obligations under the parole order.
7 Board
to seek views of victimsSection 46
(1)
substitute
(1) Before considering whether or not a sentenced offender should be
released on parole, the board must take all reasonable steps to contact each
victim of the offender whose details are entered in the victims
register.
8 Arrest
of parolee with warrantSection 54
(1)
substitute
(1) If a judicial officer is satisfied by information on oath that there
are reasonable grounds for believing that a sentenced offender who is subject to
a parole order has breached the offender’s obligations under the order,
the judicial officer may issue a warrant for the offender’s
arrest.
omit
apprehension
substitute
arrest
omit
apprehended
substitute
arrested
11 Section
56, new heading
substitute
56 Warrant remanding parolee in custody on
adjournment
12 Revocation
of parole ordersSection 58
(4)
substitute
(4) If, under subsection (3) (b), the board imposes an additional
condition on the parole order or amends an existing additional condition imposed
by the board on the order, the board may, for giving effect to the condition or
amended condition and by warrant, remand the offender in custody until a stated
date or the happening of a stated event.
(5) The board must not remand the sentenced offender in custody under this
section—
(a) more than once for the same breach; or
(b) for longer than 30 days for a breach.
(6) The day when the board remands the sentenced offender, and the stated
day or the day the stated event happens, are both counted for subsection
(5).
(7) If the board takes action under subsection (1), (3) or (4), the board
must—
(a) record its reasons for taking the action in the minutes of the board;
and
(b) give the sentenced offender a copy of the reasons.
substitute
59 Date of effect of revocation of parole
order
(1) An order revoking a parole order for a sentenced offender takes effect
on the day the order is made.
(2) However, if the parole order has ended (otherwise than because it has
been revoked) and the board is satisfied that the sentenced offender breached
the offender’s obligations under the order, an order revoking the order
takes effect on the date stated in the order.
Note Section 43 (3) deals with the effect of revoking a parole order
with effect from a date before the end of parole.
(3) For subsection (2), the day stated in the order must
be—
(a) the date when it appears to the board that the offender breached the
offender’s obligations; or
(b) if the board is satisfied that the sentenced offender breached the
offender’s obligations under the order on 2 or more separate
days—the date when it appears to the board that the offender first
breached the obligations.
14 Parole
order revoked if parolee sentenced to
imprisonmentSection 61
(a)
substitute
(a) convicted of an offence (including an offence against the law of the
Commonwealth, a State or another Territory) committed during the parole period;
and
insert in part 3.4
62A Warrant by board committing parolee to
prison
(1) This section applies if the board—
(a) revokes a parole order for a sentenced offender under section 58
(Revocation of parole orders); or
(b) is satisfied that a parole order for a sentenced offender has been
automatically revoked under section 61 (Parole order revoked if parolee
sentenced to imprisonment) or section 62 (Parole order revoked if former parolee
sentenced to imprisonment for offence committed while order in force).
(2) A judicial member or the secretary must issue a warrant committing the
sentenced offender to prison for the relevant period of imprisonment.
insert in part 4.1
72A Delegation of chairperson’s
functions
The chairperson may delegate to a deputy chairperson the
chairperson’s functions under the following provisions:
(a) section 49 (1) (Further consideration by board of release of offender
on parole);
(b) section 72 (1) (Divisions of board);
(c) section 73 (2) (Time and place of board meetings);
(d) section 74 (Conduct of board proceedings).
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
17 Sentenced
offenders to appear before boardSection 84
(4) (c)
omit
apprehension
substitute
arrest
omit
apprehended
substitute
arrested
19 New
sections 93A and 93B
insert in part 4.4
93A Protection from liability for board members and
secretary
(1) A person who is, or has been, a member of the board or the secretary
is not civilly liable for an act or omission done honestly in the exercise, or
purported exercise, of a function under this Act.
(2) Any liability that would, apart from subsection (1), attach to a
person attaches to the Territory.
93B Protection of witnesses etc
(1) A lawyer representing a sentenced offender, or someone else
representing a sentenced offender with the board’s consent, at a hearing
of the board has the same protection as a barrister has in appearing for a party
in a proceeding in the Supreme Court.
(2) A witness in a proceeding before the board has the same protection as
a witness in a proceeding in the Supreme Court.
20 Security
of informationSection
96
substitute
96 Security of information
(1) The board or the secretary must not disclose to an offender a
document, or any part of a document, containing any of the following details
about a victim of the offender:
(a) the victim’s home or business address;
(b) any email address for the victim;
(c) any contact telephone or fax number for the victim.
(2) This Act does not require a person to be given a copy of a document,
or any part of a document, if there is, in a judicial member’s opinion, a
substantial risk that giving it to a person would—
(a) adversely affect the security, discipline or good order of a prison or
remand centre; or
(b) jeopardise the conduct of any lawful investigation; or
(c) endanger the person or anyone else; or
(d) prejudice the public interest.
Part
3 Additional
amendments
Division
3.1 Crimes Act
1900
This division amends the Crimes Act 1900.
22 When
sentence takes effectSection 352, new
note
insert
Note Section 360 deals with how time spent by an offender in custody
for an offence is to be taken as a period of imprisonment served for the
offence.
23 Time
held in custody to countSection 360
(1)
substitute
(1) When a court sentences an offender to a term of imprisonment for an
offence, the court must—
(a) count any period when the offender was held in custody in relation to
proceedings for that offence, or proceedings arising from those proceedings, as
a period of imprisonment already served under the sentence; and
(b) state in the sentence the period counted under paragraph
(a).
Division
3.2 Remand Centres Act
1976
This division amends the Remand Centres Act 1976.
25 Persons
who may be detainedSection 15 (1) (q)
(ii)
substitute
(ii) is under arrest or remanded in custody in relation to the
person’s parole.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2002
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