Australian Capital Territory Repealed Acts

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This legislation has been repealed.

REHABILITATION OF OFFENDERS (INTERIM) ACT 2001 (REPEALED)


TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Meaning of subject to imprisonment etc  

CHAPTER 2--HOME DETENTION ORDERS

   PART 2.1--MAKING HOME DETENTION ORDERS

   6.      Imprisonment by way of home detention  
   7.      Remand by way of home detention  

   PART 2.2--PROCEDURES FOR MAKING HOME DETENTION ORDERS

           Division 2.2.1--General

   8.      Application of pt 2.2  

           Division 2.2.2--Restrictions on making home detention orders

   9.      Home detention not available for offenders for certain offences  
   10.     Home detention not available for sentenced offenders or remandees with certain  
   11.     Suitability of sentenced offenders and remandees for home detention  

           Division 2.2.3--Assessment reports

   12.     Referral of sentenced offender or remandee for assessment  
   13.     Assessment of suitability for home detention  
   14.     Obtaining information etc for assessment report  

           Division 2.2.4--Explanation of home detention orders

   15.     Explanation of home detention orders to be given  

   PART 2.3--OPERATION OF HOME DETENTION ORDERS

   16.     Effect of home detention order for sentenced offender  
   17.     Effect of home detention order for remandee  
   18.     Conditions of home detention orders  
   19.     Obligations under home detention orders  
   20.     Duration of home detention orders  

   PART 2.4--REVOCATION OF HOME DETENTION ORDERS

   21.     Arrest without warrant of person subject to home detention order  
   22.     Arrest with warrant of person subject to home detention order  
   23.     Duty of corrections officers relating to breaches of home detention  
   24.     Revocation of home detention order  
   25.     Date of effect of revocation of home detention orders  
   26.     Consequential revocation of other home detention orders  

   PART 2.5--OTHER PROVISIONS ABOUT HOME DETENTION ORDERS

   27.     Regulations about home detention  
   28.     Exercise of functions by court after home detention order has ended  

CHAPTER 3--NONPAROLE PERIODS AND PAROLE

   PART 3.1--PRELIMINARY

   29.     Definitions for ch 3  
   30.     Application of ch 3 to victim who is a child  

   PART 3.2--NONPAROLE PERIODS

   31.     Court to set nonparole period  
   32.     Setting of nonparole period for person serving 1 or more previous  
   33.     Secretary to be told about setting of nonparole period etc  
   34.     Victims register  

   PART 3.3--PAROLE

           Division 3.3.1--General

   35.     Application of pt 3.3  

           Division 3.3.2--Release on parole

   36.     Eligibility for release on parole  
   37.     Parole order necessary for release  
   38.     Conditions of parole  
   39.     Obligations under parole order  
   40.     Recission of parole order before release  
   41.     Release under parole order  
   42.     Victim to be told of decision to make parole order etc  
   43.     Sentence not discharged unless parole completed  
   44.     Parole order not invalidated by failure to comply with procedural  

           Division 3.3.3--Making decisions about release on parole

   45.     Consideration of release on parole  
   46.     Board to seek views of victims  
   47.     Initial consideration of parole by board  
   48.     Notice of a parole hearing  
   49.     Further consideration by board of release of offender on parole  
   50.     Decision of board about parole after further consideration  
   51.     General duty of board in making parole decisions  

           Division 3.3.4--Parole orders in exceptional circumstances

   52.     Making of parole orders in exceptional circumstances  

   PART 3.4--REVOCATION OF PAROLE ORDERS

   53.     Arrest of parolee without warrant  
   54.     Arrest of parolee with warrant  
   55.     Duty of corrections officers relating to breaches of parole  
   56.     Warrant remanding parolee in custody on adjournment  
   57.     Inquiry into suspected breaches of parole orders  
   58.     Revocation of parole orders  
   59.     Date of effect of revocation of parole order  
   61.     Parole order revoked if parolee sentenced to imprisonment  
   62.     Parole order revoked if former parolee sentenced to imprisonment for offence committed  
   62A.    Warrant by board committing parolee to prison  

   PART 3.5--OTHER PROVISIONS ABOUT PAROLE

   63.     Regulations about parole  
   64.     Exercise of functions by board after parole order has ended  

CHAPTER 4--SENTENCE ADMINISTRATION BOARD

   PART 4.1--ESTABLISHMENT AND MEMBERSHIP OF BOARD

   65.     Establishment of board  
   66.     Functions of board  
   67.     Membership of board  
   68.     Appointment of members  
   69.     Term of appointment of members  
   70.     Ending of appointment of members  
   71.     Conditions of appointment of members generally  
   72.     Divisions of board  
   72A.    Delegation of chairperson's functions  

   PART 4.2--PROCEEDINGS OF BOARD

   73.     Time and place of board meetings  
   74.     Presiding at board meetings  
   75.     Conduct of board proceedings  
   76.     Board procedure  
   77.     Board minutes  
   78.     Disclosure of interests by members of board  
   79.     Authentication of board documents  
   80.     Evidentiary certificate about board decisions  
   81.     Proof of certain matters relating to board not required  
   82.     Application of pt 4.2 and pt 4.3 to divisions of board  

   PART 4.3--INQUIRIES BY BOARD

   83.     Board may hold inquiries and hearings  
   84.     Sentenced offenders to appear before board  
   85.     Board may require attendance of people and production of documents  
   86.     Powers in relation to witnesses etc  
   87.     Privileges against selfincrimination and exposure to civil penalty  
   88.     Application of Criminal Code, ch 7  
   89.     Reports for board  
   90.     Rights of sentenced offenders making submissions to board  
   91.     Allowances and expenses payable to board witnesses  

   PART 4.4--OTHER PROVISIONS ABOUT THE BOARD

   92.     Effect of board warrants  
   93.     Secretary and assistant secretaries  
   93A.    Protection from liability for board members and secretary  
   93B.    Protection of witnesses etc  

CHAPTER 5--MISCELLANEOUS

   94.     Chief Minister may make arrangements with NSW  
   95.     Exercise of prerogative of mercy and other laws not affected  
   96.     Security of information  
   97.     Corrections officers  
   98.     Approved forms  
   99.     Regulation-making power  
           DICTIONARY
           ENDNOTES


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