New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Crimes (Administration of Sentences)
egislation Amendment Bill 2008 No , 2008 A Bill for An Act to make miscellaneous amendments to the Crimes (Administration of Sentences) Act 1999, and to regulations under that Act, as a consequence of a statutory review carried out under section 273 of that Act. Clause 1 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Crimes (Administration of Sentences) Legislation 3 Amendment Act 2008. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Amendment of Crimes (Administration of Sentences) Act 1999 No 93 7 The Crimes (Administration of Sentences) Act 1999 is amended as set 8 out in Schedule 1. 9 4 Amendment of Crimes (Administration of Sentences) Regulation 2001 10 The Crimes (Administration of Sentences) Regulation 2001 is amended 11 as set out in Schedule 2. 12 5 Repeal of Act 13 (1) This Act is repealed on the day following the day on which this Act 14 commences. 15 (2) The repeal of this Act does not, because of the operation of section 30 16 of the Interpretation Act 1987, affect any amendment made by this Act. 17 Page 2 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1 Schedule 1 Amendment of Crimes (Administration 1 of Sentences) Act 1999 2 (Section 3) 3 [1] Part 1 Preliminary 4 Insert after the heading: 5 Introductory note. This Part contains machinery provisions, including a 6 statement of the objects of the Act and a provision that defines various 7 words and expressions that are used in the Act. 8 [2] Section 2A 9 Insert after section 2: 10 2A Objects of Act 11 (1) This Act has the following objects: 12 (a) to ensure that those offenders who are required to be held 13 in custody are removed from the general community and 14 placed in a safe, secure and humane environment, 15 (b) to ensure that other offenders are kept under supervision in 16 a safe, secure and humane manner, 17 (c) to ensure that the safety of persons having the custody or 18 supervision of offenders is not endangered, 19 (d) to provide for the rehabilitation of offenders with a view to 20 their reintegration into the general community. 21 (2) In the pursuit of these objects, due regard must be had to the 22 interests of victims of the offences committed by offenders. 23 (3) Nothing in this section gives rise to any civil cause of action or 24 can be taken into account in any civil proceedings. 25 [3] Section 3 Interpretation 26 Omit the definition of Inspector-General from section 3 (1). 27 [4] Part 2 Imprisonment by way of full-time detention 28 Insert after the heading: 29 Introductory note. This Part applies to those offenders who have been 30 sentenced to imprisonment by way of full-time detention (referred to as 31 inmates) and to other persons who are required to be held in custody. It 32 deals with the following matters: 33 (a) the general obligations of inmates (Division 1), 34 (b) the circumstances in which an inmate can be kept in segregated 35 or protective custody (Division 2), 36 Page 3 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 (c) the circumstances in which an inmate may be transferred to 1 another correctional centre, or to hospital, or given leave of 2 absence (Division 3), 3 (d) the management of juvenile inmates (Division 3A), 4 (e) the conveyance and detention of prisoners received from the 5 Australian Capital Territory (Division 4), 6 (f) the conveyance and detention of prisoners received from Norfolk 7 Island (Division 5), 8 (g) the prescription of correctional centre offences, the penalties they 9 attract and the procedure for dealing with both correctional centre 10 offences and other offences (Division 6), 11 (h) the procedure to be followed in determining whether a serious 12 offender is to be given a low security classification permitting 13 unescorted leave of absence from a correctional centre 14 (Division 7), 15 (i) other miscellaneous matters (Division 8). 16 [5] Section 71 Submissions by State 17 Insert after section 71 (4): 18 (5) The power exercisable by the State under this section may also be 19 exercised by the Australian Capital Territory in relation to a 20 prisoner within the meaning of Division 4 and, for that purpose, 21 references in this section to the State are taken to extend to the 22 Australian Capital Territory. 23 [6] Part 3 Imprisonment by way of periodic detention 24 Insert after the heading: 25 Introductory note. This Part applies to those offenders who have been 26 sentenced to imprisonment by way of periodic detention. It deals with the 27 following matters: 28 (a) the general obligations of offenders (Division 1), 29 (b) the way in which periodic detention orders are to be administered 30 (Division 2), 31 (c) offences relating to periodic detention (Division 3), 32 (d) other miscellaneous matters (Division 4). 33 [7] Part 4 Imprisonment by way of home detention 34 Insert after the heading: 35 Introductory note. This Part applies to those offenders who have been 36 sentenced to imprisonment by way of home detention. It deals with the 37 conditions governing home detention and the general obligations of 38 offenders. 39 Page 4 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1 [8] Part 4A Imprisonment by way of compulsory drug treatment detention 1 Insert after the heading: 2 Introductory note. This Part applies to those offenders who have been 3 sentenced to imprisonment by the Drug Court for the purpose of 4 undergoing compulsory drug treatment. It deals with the following 5 matters: 6 (a) a general description of the 3 stages of compulsory drug 7 treatment detention and the general obligations of offenders 8 (Division 1), 9 (b) the way in which compulsory drug treatment orders are to be 10 administered (Division 2), 11 (c) the revocation of compulsory drug treatment orders (Division 3), 12 (d) the role of the Drug Court as the parole authority for offenders 13 (Division 4), 14 (e) other miscellaneous matters (Division 5). 15 [9] Part 5 Community service work and other work performed by offenders 16 Insert after the heading: 17 Introductory note. This Part applies to those offenders who have been 18 sentenced to community service work. It deals with the following matters: 19 (a) the general obligations of offenders, the administration of 20 community service orders and other miscellaneous matters 21 (Division 1), 22 (b) general provisions about community service work and other work 23 performed by offenders (Division 2). 24 [10] Part 6 Parole 25 Insert after the heading: 26 Introductory note. This Part applies to the granting of parole to those 27 offenders who are subject to sentences of imprisonment. It deals with the 28 following matters: 29 (a) eligibility for release on parole, the conditions to which parole is 30 subject, the general obligations of offenders who are on release 31 on parole and other provisions applying generally to parole 32 (Division 1), 33 (b) procedures for parole orders for sentences of more than 3 years 34 (Division 2), 35 (c) procedures for parole orders for sentences of 3 years or less 36 (Division 3), 37 (d) procedures for parole orders in exceptional circumstances 38 (Division 4), 39 (e) other miscellaneous matters (Division 5). 40 Page 5 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 [11] Section 155 Application to Supreme Court by offender 1 Insert after section 155 (3): 2 (4) This section does not give the Supreme Court jurisdiction to 3 consider the merits of the Parole Authority's decision otherwise 4 than on the grounds referred to in subsection (1). 5 [12] Section 156 Application to Supreme Court by State 6 Insert after section 156 (2): 7 (3) This section does not give the Supreme Court jurisdiction to 8 consider the merits of the Parole Authority's decision otherwise 9 than on the grounds referred to in subsection (1). 10 [13] Section 160AA 11 Insert after section 160: 12 160AA Submissions by Commissioner 13 (1) The Commissioner may at any time make submissions to the 14 Parole Authority concerning the release on parole of an offender. 15 (2) If the Commissioner makes any such submission before the 16 Parole Authority makes a final decision concerning the release of 17 the offender, the Parole Authority must not make such a decision 18 without taking the submission into account. 19 (3) If the Commissioner makes any such submission after the Parole 20 Authority makes a final decision concerning the release of the 21 offender, but before the offender is released, the Parole Authority 22 must consider whether or not it should exercise its power under 23 section 130 to revoke the relevant parole order. 24 (4) The regulations may make provision for or with respect to 25 submissions by the Commissioner under this section, including 26 provisions relating to the application of this Division in 27 connection with any such submission. 28 [14] Part 7 Revocation and reinstatement by Parole Authority of certain 29 orders 30 Insert after the heading: 31 Introductory note. This Part applies to the revocation and 32 reinstatement of various kinds of orders. It deals with the following 33 matters: 34 (a) the revocation and reinstatement of periodic detention orders 35 (Division 1), 36 (b) the revocation and reinstatement of home detention orders 37 (Division 2), 38 Page 6 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1 (c) the revocation of parole orders (Division 3), 1 (d) post-revocation procedures and rights of appeal (Division 4), 2 (e) the giving of certain directions by the Supreme Court and rights 3 of appearance in related proceedings (Division 5), 4 (f) other miscellaneous matters (Division 6). 5 [15] Section 176 Application to Supreme Court by offender 6 Insert after section 176 (3): 7 (4) This section does not give the Supreme Court jurisdiction to 8 consider the merits of the Parole Authority's decision otherwise 9 than on the grounds referred to in subsection (1). 10 [16] Section 177 Application to Supreme Court by State 11 Insert at the end of the section: 12 (2) This section does not give the Supreme Court jurisdiction to 13 consider the merits of the Parole Authority's decision otherwise 14 than on the grounds referred to in subsection (1). 15 [17] Part 8 The Parole Authority 16 Insert after the heading: 17 Introductory note. This Part establishes the State Parole Authority. It 18 deals with the following matters: 19 (a) the constitution and functions of the Parole Authority (Division 1), 20 (b) the powers of the Parole Authority in relation to inquiries 21 conducted by it (Division 2), 22 (c) other miscellaneous matters (Division 3). 23 [18] Part 9 The Serious Offenders Review Council 24 Insert after the heading: 25 Introductory note. This Part establishes the Serious Offenders Review 26 Council. It deals with the following matters: 27 (a) the constitution and functions of the Review Council (Division 1), 28 (b) the powers of the Review Council in relation to inquiries 29 conducted by it (Division 2), 30 (c) the establishment of the Serious Offenders Management 31 Committee and its subcommittees (Division 3), 32 (d) other miscellaneous matters (Division 4). 33 [19] Part 10 The Inspector-General 34 Omit the Part. 35 Page 7 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 [20] Part 11 Administration 1 Insert after the heading: 2 Introductory note. This Part provides for means by which the Act is to 3 be administered. It deals with the following matters: 4 (a) the establishment of correctional complexes, correctional 5 centres, juvenile correctional centres and periodic detention 6 centres (Division 1), 7 (b) the supervision of correctional centres by external officials 8 (Division 2), 9 (c) the employment of staff in the administration of the Act 10 (Division 3), 11 (d) the provision of health care (Division 4), 12 (e) the testing of correctional staff for alcohol and prohibited drugs 13 (Division 5), 14 (f) the recognition of interstate correctional officers (Division 6). 15 [21] Section 228 16 Omit the section. Insert instead: 17 228 Official Visitors 18 (1) The Minister may appoint Official Visitors for the purposes of 19 this Act. 20 (2) Notice of any such appointment must be published in the Gazette. 21 (3) The following persons are not eligible to be Official Visitors: 22 (a) any person who is employed as a member of staff of the 23 Department, 24 (b) any person who is to any extent responsible for the 25 management of, or who is employed at or in connection 26 with, a correctional centre or periodic detention centre, 27 (c) any person who has an interest in a management 28 agreement, 29 (d) any person who has not made a declaration under clause 4 30 of Schedule 4. 31 (4) Official Visitors are to be assigned to specific correctional 32 complexes, correctional centres and periodic detention centres by 33 the Minister, or in accordance with arrangements approved by the 34 Minister, and are to be assigned in such a way as to ensure that 35 there is at all times at least one Official Visitor for each 36 correctional complex, correctional centre and periodic detention 37 centre. 38 Page 8 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 1 (5) An Official Visitor for a correctional complex, correctional 1 centre or periodic detention centre: 2 (a) unless prevented by illness or other sufficient cause, must 3 visit the complex or centre at least once each month: 4 (i) for the purpose of giving interviews to correctional 5 officers and other members of staff employed in the 6 Department at the complex or centre, and 7 (ii) for the purpose of giving interviews to offenders 8 held in custody at the complex or centre, and 9 (iii) for the purpose of examining the complex or centre, 10 and 11 (b) may visit the complex or centre at any other time unless, in 12 the opinion of the Commissioner, a visit would be 13 undesirable for reasons of order or security, and 14 (c) must, in accordance with the regulations, receive and deal 15 with complaints, and 16 (d) must, in accordance with the regulations, report to the 17 Minister at least once every 6 months, and 18 (e) has and may exercise such other functions as may be 19 prescribed by the regulations. 20 (6) An Official Visitor's power to give interviews referred to in 21 subsection (5) (a) may only be exercised with the consent of the 22 interviewee, and does not include the power to conduct any 23 investigation or carry out any audit. 24 (7) Schedule 4 has effect with respect to Official Visitors. 25 [22] Part 12 Engagement of contractors 26 Insert after the heading: 27 Introductory note. This Part provides for the engagement of private 28 contractors to manage certain correctional centres (or parts of them), 29 gives appropriate powers and immunities to staff employed for that 30 purpose and provides for the establishment of minimum standards of 31 management. 32 [23] Section 242 Monitoring 33 Omit section 242 (5). 34 [24] Section 243 Community advisory councils 35 Omit section 243 (4). 36 Page 9 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 [25] Part 13 Custody of persons during proceedings 1 Insert after the heading: 2 Introductory note. This Part provides for the transport of offenders 3 between correctional centres, and between correctional centres and 4 courts, and for the custody of offenders while in transit. 5 [26] Part 14 General 6 Insert after the heading: 7 Introductory note. This Part contains miscellaneous provisions in 8 connection with the operation of this Act, including a power to make 9 regulations. 10 [27] Schedule 3 Inspector-General 11 Omit the Schedule. 12 [28] Schedule 5 Savings, transitional and other provisions 13 Insert at the end of clause 1 (1): 14 Crimes (Administration of Sentences) Legislation Amendment 15 Act 2008 16 [29] Schedule 5, Part 13 17 Insert after Part 12: 18 Part 13 Provisions consequent on enactment of 19 Crimes (Administration of Sentences) 20 Legislation Amendment Act 2008 21 99 Definition 22 In this Part: 23 the 2008 amending Act means the Crimes (Administration of 24 Sentences) Legislation Amendment Act 2008. 25 100 Official Visitors 26 Any person who was an Official Visitor immediately before the 27 commencement of the 2008 amending Act is taken to have been 28 appointed as such under section 228, as substituted by that Act. 29 Page 10 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Amendment of Crimes (Administration of Sentences) Regulation 2001 Schedule 2 Schedule 2 Amendment of Crimes (Administration 1 of Sentences) Regulation 2001 2 (Section 4) 3 [1] Clause 77 Visits by Commissioner and other officials 4 Omit ", the Inspector-General" from clause 77 (2) (b). 5 [2] Clause 113 Cost of telephone calls and facsimile messages 6 Omit ", the Legal Aid Commission or the Inspector-General" from clause 7 113 (2) (c). 8 Insert instead "or the Legal Aid Commission". 9 [3] Clause 152 Definition of "withdrawable privilege" 10 Insert "and exempt bodies" after "legal practitioners" in clause 152 (k). 11 [4] Clause 237 Suspected offences by inmates 12 Insert after clause 237 (2): 13 (3) An inmate in respect of whom one or more offences have been 14 reported may be confined under this clause, whether for one or 15 more periods of confinement, for no more than 48 hours in total 16 in respect of those offences. 17 [5] Clause 255 18 Omit the clause. Insert instead: 19 255 Provision of medical care to inmates confined to cell 20 An inmate who is confined to cell for the purposes of 21 punishment, or under a segregated or protective custody 22 direction, must be kept under daily observation by a prescribed 23 Justice Health officer and have access to essential medical care. 24 Page 11 Crimes (Administration of Sentences) Legislation Amendment Bill 2008 Schedule 2 Amendment of Crimes (Administration of Sentences) Regulation 2001 [6] Dictionary 1 Omit ", the Legal Services Tribunal or the Inspector-General" from paragraph 2 (a) of the definition of exempt body. 3 Insert instead "or the Legal Services Tribunal". 4 Page 12
[Index] [Search] [Download] [Related Items] [Help]