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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Administration of Sentences)
Amendment Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to make miscellaneous amendments to the Crimes (Administration of
Sentences) Act 1999 (the principal Act) as follows:
(a) to require remuneration earned by inmates as participants in external work release programs
to be paid directly to the Commissioner of Corrective Services (the Commissioner) on
behalf of the inmates,
(b) to expressly authorise the Commissioner to deduct from such remuneration an amount to
contribute towards the costs of such programs and of the inmates' imprisonment, and to
validate past such deductions,
(c) to reframe the basis on which the Commissioner may make segregated custody directions,
(d) to provide for the recording of conversations made over inmate cell call alarm systems in
correctional centres,
(e) to protect persons involved in community service work from civil liability in relation to
community service work performed by offenders while residing in premises declared to be
residential facilities under the principal Act (residential facilities),
(f) to impose a statutory condition as to supervision on parole orders made on the basis of
exceptional extenuating circumstances,
(g) to enable a parole order made on the basis of exceptional extenuating circumstances to be
revoked if the circumstances cease to exist,
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Explanatory note
(h) to make the time at which the State Parole Authority (the Parole Authority) may consider
parole to avoid manifest injustice for an offender whose parole has been revoked the same
as it is for an offender whose parole has been refused,
(i) to make warrants issued by the Parole Authority that commit offenders to correctional
centres effective on their signing by the Secretary of the Parole Authority,
(j) to enable a judicial member of the Parole Authority or of the Serious Offenders Review
Council to prohibit the disclosure of information about the content of a report or other
document the disclosure of which has been prohibited under the principal Act,
(k) to extend the classes of offenders who may be accommodated in residential facilities,
(l) to provide for the testing of correctional centre staff employed at correctional centres
managed by private contractors for alcohol and prohibited drugs,
(m) to enable the Secretary of the Parole Authority to act as a non-judicial member for the
purposes of constituting a quorum of the Authority in urgent circumstances,
(n) to make other amendments of a consequential, ancillary or minor nature.
The Bill also amends:
(a) the Crimes (Administration of Sentences) Regulation 2008, to enable the Commissioner to
authorise the operation of a biometric identification system in any correctional centre, and
(b) the Fines Act 1996, to authorise the Commissioner to deduct victims support levies payable
by offenders, from remuneration earned by the offenders on external work release
programs, and to validate past such deductions.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 Amendment of Crimes (Administration of
Sentences) Act 1999 No 93
Remuneration earned from external work release programs
Corrective Services NSW administers external work release programs under which eligible
inmates may work in paid employment in the community during their sentences, in accordance
with a local leave permit issued under the principal Act.
Schedule 1 [1] makes provision with respect to remuneration earned by an inmate as a participant
in such a program. Under proposed section 7A, such remuneration is to be paid by the employer
to the Commissioner on behalf of the inmate. From such remuneration, the Commissioner may
deduct an amount to contribute towards the costs of administering the external work release
program, expenses related to the inmate's participation in the program (such as travel fares) and
the costs of the inmate's imprisonment during the period in which such remuneration is earned.
Any deducted amounts are to be calculated in accordance with the directions of the Minister for
Justice. Schedule 1 [3] makes a consequential amendment.
Schedule 1 [24] inserts a provision to validate any deductions from remuneration earned by an
inmate as a participant in an external work release program that were made before the
commencement of proposed section 7A (2), if such deductions would have been validly made had
they been made on or after the commencement of that provision.
Segregated custody directions
Schedule 1 [2] modifies the basis on which the Commissioner may direct that an inmate be held
in segregated custody, so that the Commissioner may make such a direction if of the opinion that
the segregation is necessary to secure the safety of others or the security of or good order and
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Explanatory note
discipline within a correctional centre (rather than if of the opinion that the association of the
inmate with other inmates constitutes or is likely to constitute a threat to such safety or security or
good order and discipline).
Recording of conversations made over cell call alarm systems
Section 7 of the Surveillance Devices Act 2007 makes it an offence (with specified exceptions) for
a person to knowingly install, use or cause to be used, or to maintain, a listening device to
overhear, record, monitor or listen to a private conversation to which the person is not a party or
to record a private conversation to which the person is a party. Schedule 1 [4] provides for an
exemption from that section to allow conversations made through cell call alarm systems in
correctional centres to be recorded.
Civil liability protection in respect of certain community service work
Schedule 1 [5] and [6] extend (by extending relevant definitions) the general provisions of the
principal Act dealing with the carrying out of community service work by offenders so that they
apply also in relation to community service work performed by offenders residing in residential
facilities, pursuant to a condition to which such residency is subject. In particular, the general
provisions protect a person involved in community service work from civil liability towards third
parties for acts and omissions of the offender performing the work, and towards the offender
performing the work for acts and omissions of the person so involved (that liability being assumed
instead by the Crown). The general provisions also impose restrictions on the community service
work that may be performed and when it may be required to be performed, require offenders to
disclose to the Commissioner any special medical, physical or mental condition, and authorise the
Commissioner to settle claims against the Crown that arise under the provisions.
Parole orders in exceptional extenuating circumstances
Schedule 1 [8] imposes a statutory condition on parole orders made on the grounds that the
offender is dying or because of exceptional extenuating circumstances, that requires the offender
to be subject to supervision for the whole period the parole order is in force. Schedule 1 [7] makes
a consequential amendment.
Schedule 1 [12] enables the Parole Authority to revoke a parole order made on the grounds that
the offender is dying or because of exceptional extenuating circumstances if satisfied those
grounds or circumstances no longer exist.
Consideration of parole so as to avoid manifest injustice
Schedule 1 [9] makes the time at which the Parole Authority may consider parole to avoid
manifest injustice for an offender whose parole has been revoked the same as it is for an offender
whose parole has been refused, being at any time after the date on which the offender first
becomes eligible for release on parole. (Currently, because an offender's parole eligibility date (as
defined in the principal Act) determines the time for consideration, an offender whose parole has
been revoked cannot be considered for parole to avoid manifest injustice until 12 months after
revocation whereas an offender whose parole has been refused may be considered at any time after
the date on which the offender first becomes eligible for release on parole.) Schedule 1 [10]
and [11] make consequential amendments.
Signing of warrants committing offenders to correctional centres
Schedule 1 [13] and [14] make warrants issued by the Parole Authority that commit offenders to
correctional centres effective on their signing by the Secretary of the Parole Authority rather than
by a judicial member of the Parole Authority. However, as soon as practicable after the signing of
a warrant by the Secretary, it is to be countersigned by a judicial member of the Parole Authority.
Security of certain information
The principal Act enables a judicial member of the Parole Authority or of the Serious Offenders
Review Council to prohibit the disclosure under the principal Act of a report or document if the
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Explanatory note
judicial member considers that the disclosure may adversely affect the security, discipline or good
order of a correctional centre, endanger a person, jeopardise the conduct of any lawful
investigation, prejudice the public interest, adversely affect the supervision of any offender who
has been released on parole or disclose the contents of any offender's medical, psychiatric or
psychological report.
Schedule 1 [15] and [16] enable a judicial member of the Parole Authority or of the Serious
Offenders Review Council to prohibit the disclosure under the principal Act of any information
relating to the content of a report or document the disclosure of which is so prohibited, but only if
the judicial member considers that non-disclosure of the information is necessary in the public
interest and that the public interest outweighs any right to procedural fairness that may be denied
by non-disclosure of the information.
Accommodation of offenders in residential facilities
Schedule 1 [20] extends the classes of offenders who may be accommodated in residential
facilities so as to include offenders who are subject to an extended or interim supervision order, a
home detention order or an intensive correction order, or offenders in community custody
(Stage 3) who are subject to a community supervision order. Schedule 1 [18] and [19] make
consequential amendments.
Alcohol and drug testing of staff at privately managed correctional centres
Schedule 1 [21] requires operators of privately managed correctional centres (whether
management companies or submanagement companies) to prepare and implement a program,
approved by the Commissioner, for the testing of their correctional centre staff for alcohol and
prohibited drugs, and to ensure that staff are not under the influence of alcohol or prohibited drugs
when on duty, or when present at their place of work and about to go on duty. The item also
enables the Commissioner to direct an operator to require its correctional centre staff to undergo
testing for alcohol and prohibited drugs in accordance with the operator's approved testing
program or in accordance with the testing regime provided for in the principal Act for correctional
officers and other persons employed by Corrective Services NSW.
Constitution of quorum of Parole Authority
Schedule 1 [22] allows the Secretary of the Parole Authority to act as a non-judicial member of
the Authority for the purposes of constituting a quorum for a meeting of the Authority and for the
purposes of the meeting if the judicial member who is to preside considers it necessary because of
the urgency of the business to be considered, and the lack of ready availability of any other
non-judicial member to constitute a quorum. The Secretary has all the functions of, and is taken
to be, a non-judicial member while so acting.
Other amendments
Schedule 1 [17] makes an amendment in the nature of statute law revision.
Schedule 1 [23] enables regulations of a savings or transitional nature to be made as a
consequence of the enactment of the proposed Act or any other Act that amends the principal Act.
Schedule 1 [24] inserts (in addition to the validating provision referred to above) provisions of a
savings or transitional nature consequent on the amendments made by Schedule 1 [2], [5], [6], [8],
[9], [12]-[16] and [20].
Schedule 2 Amendment of Fines Act 1996 No 99
The Fines Act 1996 provides for the enforcement of victims support levies that are payable by
inmates, by means of attachment of the inmates' prison earnings (being payments made to inmates
by the Commissioner under the Crimes (Administration of Sentences) Act 1999 for work done and
other purposes). Schedule 2 [1] extends the definition of prison earnings to include remuneration
earned by inmates as participants in external work release programs.
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Explanatory note
Schedule 2 [2] inserts provisions to validate any deductions from such remuneration for the
purposes of enforcing a victims support levy (or its predecessor, a compensation levy) that were
made before the commencement of the amendments made to the Fines Act 1996 by the proposed
Act, if such deductions would have been validly made had the Fines Act 1996 as so amended then
been in force. The item also validates the enforcement of the levies concerned by means of those
deductions.
Schedule 3 Amendment of Crimes (Administration of
Sentences) Regulation 2008
The Crimes (Administration of Sentences) Regulation 2008 enables the Commissioner to
authorise the operation of a biometric identification system only in correctional centres in which
high security, extreme high security or extreme high risk restricted inmates are accommodated or
in which inmates are received before they are classified. Schedule 3 [4] removes these restrictions
to enable the Commissioner to authorise the operation of a biometric identification system in any
correctional centre.
Schedule 3 [1]-[3] make amendments consequential on the amendment made by Schedule 1 [8].
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First print
New South Wales
Crimes (Administration of Sentences)
Amendment Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93 3
Schedule 2 Amendment of Fines Act 1996 No 99 9
Schedule 3 Amendment of Crimes (Administration of Sentences) Regulation 2008 10
b2013-036-43.d11
New South Wales
Crimes (Administration of Sentences)
Amendment Bill 2013
No , 2013
A Bill for
An Act to make miscellaneous amendments to the Crimes (Administration of Sentences) Act 1999
and the regulations under that Act and related amendments to the Fines Act 1996.
Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Administration of Sentences) Amendment Act 2013. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
Schedule 1 Amendment of Crimes (Administration of 1
Sentences) Act 1999 No 93 2
[1] Section 7A 3
Insert after section 7: 4
7A Deductions from remuneration earned by inmates on external work release 5
program 6
(1) Any remuneration earned by an inmate as a participant in an external work 7
release program is to be paid by the employer to the Commissioner on behalf 8
of the inmate. 9
(2) The Commissioner may deduct from such remuneration an amount, calculated 10
in accordance with the directions of the Minister, to contribute towards: 11
(a) the costs of administering the external work release program, and 12
(b) travel fares and other expenses relating to the inmate's participation in 13
the external work release program, and 14
(c) the costs of the inmate's imprisonment during the period in which such 15
remuneration is earned. 16
(3) The Commissioner must cause a record to be kept of remuneration received 17
and deductions made under this section. 18
(4) In this section: 19
external work release program means a program provided under this Act 20
which enables an eligible inmate to work in paid employment in the 21
community during the inmate's sentence, in accordance with a local leave 22
permit. 23
[2] Section 10 Segregated custody of inmates 24
Omit "the association of the inmate with other inmates constitutes or is likely to constitute 25
a threat to" from section 10 (1). 26
Insert instead "such segregation is necessary to secure". 27
[3] Section 76A Inmates' money 28
Insert "the Commissioner or" after "received by" in section 76A (1) (c). 29
[4] Section 78B 30
Insert after section 78A: 31
78B Recording of conversations made over cell call alarm systems 32
(1) Section 7 (1) of the Surveillance Devices Act 2007 does not apply to the 33
installation, use or maintenance of a listening device to record conversations 34
made through a cell call alarm system in a correctional centre. 35
(2) A cell call alarm system is a communication system designed to enable 36
inmates to notify staff of emergencies while locked in their cells. 37
[5] Section 118 Definitions 38
Insert after paragraph (d) of the definition of community service work: 39
(d1) community service work performed by an offender who is a resident of 40
a residential facility, pursuant to a condition to which such residency is 41
subject, and 42
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
[6] Section 118, definition of "offender" 1
Insert at the end of paragraph (d): 2
, or 3
(e) while a resident of a residential facility, pursuant to a condition to which 4
such residency is subject. 5
[7] Section 128 Conditions of parole generally 6
Omit "section 128B" from section 128 (3). Insert instead "sections 128B and 128C". 7
[8] Section 128C 8
Insert after section 128B: 9
128C Condition of parole order in exceptional circumstances as to supervision 10
It is a condition of a parole order made under section 160 in respect of an 11
offender that, for the whole of the period for which the parole order is in force, 12
the offender is to be subject to supervision, as prescribed by the regulations. 13
[9] Sections 137B and 143B 14
Omit "offender's parole eligibility date" wherever occurring. 15
Insert instead "date on which the offender first becomes eligible for release on parole". 16
[10] Section 138 Release of offender on parole 17
Insert "(other than an order made following consideration of the offender's case under 18
section 137B)" after "date" where firstly occurring in section 138 (1AA) (a). 19
[11] Section 151 Release of serious offender on parole 20
Insert "(other than an order made following consideration of the offender's case under 21
section 143B)" after "date" where firstly occurring in section 151 (1) (a). 22
[12] Section 170 Revocation of parole order 23
Insert after section 170 (1) (a1): 24
(a2) in the case of an offender who has been granted parole under section 160 25
on the grounds that he or she is dying or because of exceptional 26
extenuating circumstances, if it is satisfied that those grounds or 27
circumstances no longer exist, or 28
[13] Section 181 Warrants committing offenders to correctional centres 29
Omit section 181 (2). Insert instead: 30
(2) A warrant under this section is to be signed by the Secretary of the Parole 31
Authority and as soon as practicable afterwards countersigned by a judicial 32
member of the Parole Authority. 33
(2A) An order under this section is to be signed by a judicial member of the Parole 34
Authority. 35
[14] Section 181 (5) and (6) 36
Insert after section 181 (4): 37
(5) A warrant under this section has effect on its signing by the Secretary of the 38
Parole Authority and is not invalid merely because it is not countersigned by 39
a judicial member of the Parole Authority. 40
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
(6) A reference in this section to a judicial member of the Parole Authority is a 1
reference to a judicial member referred to in section 183 (2) (a). 2
[15] Section 194 Security of certain information 3
Insert after section 194 (1): 4
(1A) Nothing in this Act or the regulations requires a person to be provided with 5
information about the content of a report or other document, a copy of which 6
is not (by operation of subsection (1)) required to be provided to a person, if, 7
in the opinion of a judicial member: 8
(a) not providing the information to the person is necessary in the public 9
interest, and 10
(b) that public interest outweighs any right to procedural fairness that may 11
be denied by not providing the information. 12
[16] Section 209A Security of certain information 13
Insert at the end of the section: 14
(2) Nothing in this Act or the regulations requires a person to be provided with 15
information about the content of a report or other document, a copy of which 16
is not (by operation of subsection (1)) required to be provided to a person, if, 17
in the opinion of a judicial member: 18
(a) not providing the information to the person is necessary in the public 19
interest, and 20
(b) that public interest outweighs any right to procedural fairness that may 21
be denied by not providing the information. 22
[17] Section 235G Functions of Departmental compliance and monitoring officers 23
Omit "Part 2 of" from section 235G (2) (b). 24
[18] Section 236M Accommodation of offenders in residential facilities 25
Omit "non-custodial orders (referred to as non-custodial residents)" from 26
section 236M (1) (b). 27
Insert instead "community-based orders". 28
[19] Section 236M (3) (a) 29
Omit "a non-custodial resident". 30
Insert instead "a person residing in a residential facility who is the subject of a 31
community-based order". 32
[20] Section 236M (5) 33
Omit the subsection. Insert instead: 34
(5) In this section, a community-based order means any of the following orders: 35
(a) an order under Division 3 of Part 2 of the Crimes (Sentencing 36
Procedure) Act 1999, 37
(b) a parole order, a home detention order or an intensive correction order, 38
(c) an extended supervision order or an interim supervision order under the 39
Crimes (High Risk Offenders) Act 2006, 40
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
(d) a community supervision order (within the meaning of Part 4A), if the 1
person subject to it is in community custody (Stage 3) (within the 2
meaning of that Part). 3
[21] Section 241A 4
Insert after section 241: 5
241A Testing of correctional centre staff for alcohol and prohibited drugs 6
(1) In this section: 7
employee of a management company means a person employed by the 8
management company, who holds an authority under section 240 to perform 9
duties at a correctional centre managed by the management company. 10
prohibited drug has the same meaning as in the Drug Misuse and Trafficking 11
Act 1985. 12
(2) A management company must: 13
(a) prepare and implement a program, approved by the Commissioner, for 14
the testing of its employees for alcohol and prohibited drugs, and 15
(b) ensure that its employees are not under the influence of alcohol or any 16
prohibited drug when on duty, or when present at their place of work 17
and about to go on duty, and 18
(c) report to the Commissioner, if requested in writing by the 19
Commissioner to do so, on the implementation of the program. 20
(3) The Commissioner may, whenever the Commissioner considers it appropriate 21
to do so, direct a management company to require an employee to undergo 22
testing for alcohol and prohibited drugs: 23
(a) in accordance with the testing program approved by the Commissioner, 24
or 25
(b) in accordance with Division 5 of Part 11 (as applied by subsection (5)) 26
and the regulations. 27
(4) A management company must comply with a direction of the Commissioner 28
given under this section. 29
(5) Division 5 of Part 11 applies in relation to the testing of an employee for 30
alcohol and prohibited drugs as if the references to a member of correctional 31
staff in that Division were references to an employee referred to in this section. 32
(6) For the purposes of subsection (3) (b), the regulations may make provision, in 33
relation to employees referred to in this section, for or with respect to any 34
matter for or with respect to which regulations may be made under Division 5 35
of Part 11 in relation to members of correctional staff (other than a matter 36
referred to in section 236I (j) or (k)). 37
(7) This section applies to and in respect of a submanagement company and the 38
persons it employs for the purposes of a submanagement agreement in the 39
same way as it applies to and in respect of a management company and its 40
employees. 41
[22] Schedule 1 Parole Authority 42
Insert at the end of clause 13: 43
(2) The Secretary of the Parole Authority may act as a non-judicial member for 44
the purposes of constituting a quorum for a meeting of the Parole Authority 45
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
and for the purposes of the meeting if the judicial member who is to preside at 1
the meeting considers it necessary because: 2
(a) the business to be conducted at the meeting is of an urgent nature, and 3
(b) no other non-judicial member is readily available to constitute a 4
quorum. 5
While so acting, the Secretary has all the functions of a non-judicial member 6
and is taken to be such a member. 7
[23] Schedule 5 Savings, transitional and other provisions 8
Insert at the end of clause 1 (1): 9
any other Act that amends this Act 10
[24] Schedule 5, Part 19 11
Insert after clause 109: 12
Part 19 Provisions consequent on enactment of Crimes 13
(Administration of Sentences) Amendment Act 14
2013 15
110 Definition 16
In this Part: 17
amending Act means the Crimes (Administration of Sentences) Amendment 18
Act 2013. 19
111 Validation of certain deductions 20
(1) A deduction made before the commencement of section 7A (2) from 21
remuneration earned by an inmate as a participant in an external work release 22
program is taken to have been validly made at the time it was made if it would 23
have been validly made on or after that commencement. 24
(2) Accordingly, no compensation is payable in respect of such a deducted 25
amount or in respect of interest that may have accrued on such a deducted 26
amount had it not been deducted. 27
(3) In subclause (1): 28
external work release program has the same meaning as in section 7A, but 29
extends to a corresponding program under the former Correctional Centres 30
Act 1952 (a corresponding program). 31
(4) For the purposes of applying subclause (1) to a deduction from remuneration 32
earned by an inmate as a participant in a corresponding program, a reference 33
in section 7A (2) to an external work release program and to remuneration 34
earned by an inmate from participation in such a program is taken to be a 35
reference to a corresponding program and to remuneration earned by an 36
inmate as a participant in such a program. 37
112 Segregated custody directions 38
A segregated custody direction in force under Division 2 of Part 2 of this Act 39
immediately before the amendment of section 10 by the amending Act 40
continues to have effect under (and subject to) Division 2 of Part 2 as if section 41
10 had not been so amended. 42
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
113 Protection from civil liability in respect of certain community service work 1
performed by residents of residential facilities 2
Sections 120 and 121, as extended in their operation by the amendments made 3
to section 118 by the amending Act, apply in relation to community service 4
work performed by an offender the subject of those amendments, whether 5
occurring before or on or after the date on which those amendments 6
commence. 7
114 Parole in exceptional extenuating circumstances 8
(1) Section 128C applies only in relation to a parole order made under section 160 9
on or after the date on which section 128C commences. 10
(2) Section 170 (1) (a2) extends to a parole order made under section 160 before 11
the date on which section 170 (1) (a2) commences. 12
115 Consideration of parole so as to avoid manifest injustice 13
Sections 137B and 143B, as amended by the amending Act, apply to an 14
offender whether the date on which the offender first becomes eligible for 15
release on parole occurs before, or on or after, the date on which those 16
amendments commence. 17
116 Signing of warrants 18
A warrant in force under section 181 immediately before the amendment of 19
section 181 by the amending Act is taken to be a warrant in force under that 20
section as so amended, and may be enforced accordingly. 21
117 Security of certain information 22
(1) Section 194 (1A) extends to a report or other document (or any part of the 23
report or document) that is not required to be provided to a person by operation 24
of section 194 (1) before the commencement of section 194 (1A). 25
(2) Section 209A (2) extends to a report or other document (or any part of the 26
report or document) that is not required to be provided to a person by operation 27
of section 209A before the commencement of section 209A (2). 28
118 Accommodation of offenders in residential facilities 29
The amendments made to section 236M by the amending Act apply as if those 30
amendments had commenced on the commencement of Division 7 of Part 11 31
of this Act. 32
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of Fines Act 1996 No 99
Schedule 2 Amendment of Fines Act 1996 No 99 1
[1] Section 18 Special provision relating to certain victims support levies 2
Insert "and to any remuneration earned by the offender as a participant in an external work 3
release program (within the meaning of section 7A of that Act)" after "Crimes 4
(Administration of Sentences) Act 1999" in section 18 (8). 5
[2] Schedule 3 Savings, transitional and other provisions 6
Insert at the end of the Schedule with appropriate Part and clause numbering: 7
Part Provisions consequent on enactment of Crimes 8
(Administration of Sentences) Amendment Act 9
2013 10
Definition 11
In this Part: 12
amending Act means the Crimes (Administration of Sentences) Amendment 13
Act 2013. 14
Validation of certain deductions and enforcement of certain fines 15
(1) A victims support levy enforced, before the amendment of this Act by the 16
amending Act, by means of a deduction from remuneration earned by an 17
offender as a participant in an external work release program is taken to have 18
been validly enforced if it would have been validly enforced had this Act as so 19
amended (and any relevant provision to which it refers) then been in force with 20
any necessary modification. 21
(2) A deduction for the purposes of enforcing a victims support levy made before 22
the amendment of this Act by the amending Act from remuneration earned by 23
an offender as a participant in an external work release program is taken to 24
have been validly made at the time it was made if it would have been validly 25
made had this Act as so amended (and any relevant provision to which it 26
refers) then been in force with any necessary modification. 27
(3) Accordingly, no compensation is payable in respect of such a deducted 28
amount or in respect of interest that may have accrued on such a deducted 29
amount had it not been deducted. 30
(4) In this clause: 31
external work release program has the same meaning as in section 7A of the 32
Crimes (Administration of Sentences) Act 1999, but extends to a 33
corresponding program under the former Correctional Centres Act 1952. 34
(5) A reference in this clause to a victims support levy extends to include a 35
reference to a compensation levy payable under Part 5 of the former Victims 36
Support and Rehabilitation Act 1996 or Part 6A of the former Victims 37
Compensation Act 1987. 38
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Crimes (Administration of Sentences) Amendment Bill 2013 [NSW]
Schedule 3 Amendment of Crimes (Administration of Sentences) Regulation 2008
Schedule 3 Amendment of Crimes (Administration of 1
Sentences) Regulation 2008 2
[1] Clause 228 Imposition and extension of supervision conditions 3
Insert "or 128C" after "section 128B" wherever occurring in clause 228 (4) and (5). 4
[2] Clause 228 (6) 5
Omit "section 128B (2) (a)". Insert instead "sections 128B (2) (a) and 128C". 6
[3] Clauses 229 (5) and 230 (2) 7
Insert "or 128C" after "section 128B" wherever occurring. 8
[4] Clause 328 Operation of biometric identification system in correctional centres 9
Omit clause 328 (1). Insert instead: 10
(1) The Commissioner may authorise the operation in correctional centres of a 11
biometric identification system for the purposes of controlling access to the 12
centre by all persons (including persons performing the duties of a custodian 13
of offenders). 14
Page 10
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