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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (High Risk Offenders) Amendment
Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7 3
Schedule 2 Amendment of other Acts 16
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2017
New South Wales
Crimes (High Risk Offenders) Amendment
Bill 2017
Act No , 2017
An Act to amend the Crimes (High Risk Offenders) Act 2006 to make further provision with
respect to the supervision and detention of high risk sex offenders and high risk violent offenders;
and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Crimes (High Risk Offenders) Amendment Bill 2017 [NSW]ï€
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes (High Risk Offenders) Amendment Act 2017.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
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Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7
Schedule 1 Amendment of Crimes (High Risk Offenders) Act
2006 No 7
[1] Section 4 Definitions
Omit "section 5D or 5G" from the definition of continuing detention order.
Insert instead "section 5C".
[2] Section 4, definition of "corrective services officer"
Omit the definition. Insert instead:
corrective services officer means a correctional officer or community
corrections officer within the meaning of the Crimes (Administration of
Sentences) Act 1999.
[3] Section 4, definition of "extended supervision order"
Omit "section 5C or 5F". Insert instead "section 5B".
[4] Section 4
Omit the definitions of high risk offender, high risk sex offender, high risk sex offender
continuing detention order, high risk sex offender extended supervision order, high risk
violent offender, high risk violent offender continuing detention order, high risk violent
offender extended supervision order, sex offender and violent offender.
[5] Section 4, definition of "interim detention order"
Omit "or 18B".
[6] Section 4, definition of "interim supervision order"
Omit "or 10B".
[7] Section 4, definition of "offender"
Omit the definition. Insert instead:
offender--see section 4A.
[8] Section 4, definition of "serious offence"
Omit the definition. Insert instead:
serious offence means:
(a) a serious sex offence, or
(b) a serious violence offence.
[9] Section 4 (2)
Insert at the end of section 4:
(2) A reference in this Act to an offender in lawful custody includes, where used
in relation to an offender who is subject to an extended supervision order or
interim supervision order, a reference to the offender being in lawful custody
during a period for which the offender is on remand for any offence.
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Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7
[10] Section 4A
Insert after section 4:
4A Meaning of "offender"
For the purposes of this Act, an offender is a person who:
(a) is of or above 18 years of age, and
(b) has at any time been sentenced to imprisonment (not including a
suspended or quashed sentence) to be served by way of full-time
detention or intensive correction in the community (whether or not
subject to a home detention condition) following the person's
conviction for a serious offence.
[11] Section 5 Definitions of "serious sex offence" and "offence of a sexual nature"
Insert after section 5 (1) (b):
(b1) an offence against section 50BA of the Crimes Act 1914 of the
Commonwealth,
(b2) an offence against section 71.8 of the Commonwealth Criminal Code,
(b3) an offence against section 271.4 or 271.7 of the Commonwealth
Criminal Code,
(b4) an offence against section 272.8 (1) or (2), 272.10 (1), 272.11 (1),
272.12 (1) or (2), 272.13 (1) or (2), 272.14 (1), 272.15 (1), 272.19 (1) or
273.7 of the Commonwealth Criminal Code,
(b5) an offence against section 471.22 (1), 471.24, 471.25, 474.24A (1),
474.25B (1), 474.26 or 474.27 (1), (2) or (3) of the Commonwealth
Criminal Code,
[12] Section 5 (2) (h1)-(h5)
Insert after section 5 (2) (h):
(h1) an offence against section 50BB, 50BC, 50BD, 50DA or 50DB of the
Crimes Act 1914 of the Commonwealth,
(h2) an offence against section 71.12 of the Commonwealth Criminal Code,
(h3) an offence against section 272.9 (1) or (2), 272.18 (1), 272.20 (1) or (2),
273.5 or 273.6 of the Commonwealth Criminal Code,
(h4) an offence against section 471.16 (1) or (2), 471.17 (1), 471.19 (1) or
(2), 471.20 (1), 471.26, 474.19 (1), 474.20 (1), 474.22 (1), 474.23 (1),
474.25A (1) or (2) or 474.27A (1) of the Commonwealth Criminal
Code,
(h5) an offence against section 233BAB of the Customs Act 1901 of the
Commonwealth involving items of child pornography or child abuse
material,
[13] Section 5 (3)
Insert after section 5 (2):
(3) In this section:
Commonwealth Criminal Code means the Criminal Code set out in the
Schedule to the Criminal Code Act 1995 of the Commonwealth.
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Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7
[14] Part 1A
Omit the Part. Insert instead:
Part 1A Supervision and detention of high risk offenders
5B Making of extended supervision orders--unacceptable risk
The Supreme Court may make an order for the supervision in the community
of a person (an extended supervision order) if:
(a) the person is an offender who is serving (or who has served) a sentence
of imprisonment for a serious offence either in custody or under
supervision in the community, and
(b) the person is a supervised offender (within the meaning of section 5I),
and
(c) an application for the order is made in accordance with section 5I, and
(d) the Supreme Court is satisfied to a high degree of probability that the
offender poses an unacceptable risk of committing another serious
offence if not kept under supervision under the order.
5C Making of continuing detention orders--unacceptable risk
The Supreme Court may make an order for the continued detention of a person
(a continuing detention order) if:
(a) the person is an offender who is serving (or who has served) a sentence
of imprisonment for a serious offence either in custody or under
supervision in the community, and
(b) the person is a detained offender or supervised offender (within the
meaning of section 13B), and
(c) an application for the order is made in accordance with section 13B, and
(d) the Supreme Court is satisfied to a high degree of probability that the
person poses an unacceptable risk of committing another serious
offence if not kept in detention under the order.
5D Determination of risk
For the purposes of this Part, the Supreme Court is not required to determine
that the risk of an offender committing a serious offence is more likely than
not in order to determine that there is an unacceptable risk of the person
committing such an offence.
[15] Section 5I
Omit sections 5I and 5J. Insert instead:
5I Application for extended supervision order
(1) An application for an extended supervision order may be made only in respect
of a supervised offender.
(2) A supervised offender is an offender who, when the application for the order
is made, is in custody or under supervision (referred to in this Part as the
offender's current custody or supervision):
(a) while serving a sentence of imprisonment:
(i) for a serious offence, or
(ii) for an offence of a sexual nature, or
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Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7
(iii) for an offence under section 12, or
(iv) for another offence (whether under a law of this State or another
Australian jurisdiction) that is being served concurrently or
consecutively, or partly concurrently and partly consecutively,
with one or more sentences of imprisonment referred to in
subparagraph (i), (ii) or (iii), or
(b) under an existing interim supervision order, extended supervision order,
interim detention order or continuing detention order.
(3) A person is taken to be serving a sentence of imprisonment whether the
sentence is being served by way of full-time detention or intensive correction
in the community (whether or not subject to a home detention condition) and
whether the offender is in custody or on release on parole.
[16] Section 6 Requirements with respect to application
Omit section 6 (1) and (2). Insert instead:
(1) An application for an extended supervision order against an offender may not
be made until the last 9 months of the offender's current custody or
supervision.
[17] Section 6 (3)
Omit the subsection. Insert instead:
(3) An application must be supported by documentation:
(a) that addresses each of the matters referred to in section 9 (3), and
(b) that includes a report (prepared by a qualified psychiatrist, registered
psychologist or registered medical practitioner) that assesses the
likelihood of the offender committing a serious offence.
[18] Section 9 Determination of application for extended supervision order
Insert after section 9 (1):
(2) In determining whether or not to make an extended supervision order, the
safety of the community must be the paramount consideration of the Supreme
Court.
[19] Section 9 (3)
Insert "also" after "Supreme Court must".
[20] Section 9 (3) (a)
Omit the paragraph.
[21] Section 9 (3) (c) and (d)
Omit "further relevant offence" wherever occurring.
Insert instead "further serious offence".
[22] Section 9 (3) (e1) and (e2)
Insert after section 9 (3) (e):
(e1) options (if any) available if the offender is kept in custody or is in the
community (whether or not under supervision) that might reduce the
likelihood of the offender re-offending over time,
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Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7
(e2) the likelihood that the offender will comply with the obligations of an
extended supervision order,
[23] Section 9 (3) (f)
Omit "the level". Insert instead "without limiting paragraph (e2), the level".
[24] Section 9 (3) (i)
Omit the paragraph. Insert instead:
(i) any other information that is available as to the likelihood that the
offender will commit a further serious offence.
[25] Section 9 (4)
Omit the subsection.
[26] Section 10 Term of extended supervision order
Insert after section 10 (1):
(1AA) However the Supreme Court may, if an extended supervision order is made in
proceedings on an application for a continuing detention order, defer the
operation of an extended supervision order for a period of up to 7 days (the
deferral period) if:
(a) the Court considers that it is necessary to detain the offender for the
deferral period to enable arrangements to be made for supervision of the
offender in the community, and
(b) it does not appear to the Court that an interim detention order can be
made for the interim detention of the offender.
(1AB) On the deferral of the operation of an extended supervision order, the Supreme
Court may order that the offender concerned be detained for a specified period
(not exceeding the deferral period) after the offender's current custody
expires.
(1AC) As soon as practicable after making an order under subsection (1AB) the
Supreme Court must issue a warrant for the committal of the offender for the
specified period after the offender's current custody expires.
(1AD) A warrant under subsection (1AC) is sufficient authority for the offender to be
kept in custody in accordance with the terms of the warrant.
[27] Section 10A
Omit sections 10A and 10B. Insert instead:
10A Interim supervision order
The Supreme Court may make an order for the interim supervision of an
offender if, in proceedings for an extended supervision order, it appears to the
Court:
(a) that the offender's current custody or supervision will expire before the
proceedings are determined, and
(b) that the matters alleged in the supporting documentation would, if
proved, justify the making of an extended supervision order.
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[28] Section 10C Term of interim supervision order
Insert after section 10C (1):
(1AA) However, the Supreme Court may defer the operation of an interim
supervision order in relation to an offender who is in current custody for a
period of up to 7 days (the deferral period) if:
(a) the Court considers that it is necessary to detain the offender for the
deferral period to enable arrangements to be made for supervision of the
offender in the community, and
(b) it does not appear to the Court that an interim detention order can be
made for the interim detention of the offender.
(1AB) On the deferral of the operation of an interim supervision order, the Supreme
Court may order that the offender concerned be detained for a specified period
(not exceeding the deferral period) after the offender's current custody
expires.
(1AC) As soon as practicable after making an order under subsection (1AB) the
Supreme Court must issue a warrant for the committal of the offender for the
specified period after the offender's current custody expires.
(1AD) A warrant under subsection (1AC) is sufficient authority for the offender to be
kept in custody in accordance with the terms of the warrant.
[29] Section 13B
Omit sections 13B and 13C. Insert instead:
13B Application for continuing detention order
(1) An application for a continuing detention order may be made only in respect
of:
(a) a detained offender, or
(b) a supervised offender.
(2) A detained offender is an offender who, when the application for a continuing
detention order is made, is in custody (referred to in this Part as the offender's
current custody):
(a) while serving a sentence of imprisonment:
(i) for a serious offence, or
(ii) for an offence of a sexual nature, or
(iii) for an offence under section 12, or
(iv) for another offence which is being served concurrently or
consecutively, or partly concurrently and partly consecutively,
with one or more sentences of imprisonment (whether under a
law of this State or another Australian jurisdiction) referred to in
subparagraph (i), (ii) or (iii), or
(b) under an existing continuing detention order, emergency detention
order or interim detention order.
(3) An application for a continuing detention order in respect of a detained
offender may not be made more than 9 months before:
(a) the end of the offender's total sentence, or
(b) the expiry of the existing continuing detention order,
as appropriate.
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(4) A supervised offender is an offender who, when the application for a
continuing detention order is made, is an offender in lawful custody or under
supervision:
(a) under an extended supervision order or an interim supervision order
who:
(i) has been found guilty of an offence under section 12 in respect of
that order, or
(ii) because of altered circumstances, poses an unacceptable risk of
committing a serious offence if the continuing detention order is
not made, or
(b) whose obligations under an extended supervision order or an interim
supervision order have been suspended, or
(c) under an interim detention order.
(5) An application in respect of a supervised offender who is serving a sentence
of imprisonment may not be made more than 9 months before the end of the
person's total sentence.
(6) The Supreme Court must not make a continuing detention order on an
application referred to in subsection (4) (a) (ii) unless it is satisfied that
circumstances have altered since the making of the extended supervision order
or interim supervision order and those altered circumstances mean that there
is an unacceptable risk of the offender committing a serious offence if the
continuing detention order is not made.
(7) Without limiting the matters that the Supreme Court may take into account for
the purposes of subsection (6), it may take into account the failure to comply,
or an allegation that the supervised offender has failed to comply, with any
requirement of an extended supervision order or interim supervision order.
[30] Section 14 Requirements with respect to application
Omit section 14 (1).
[31] Section 14 (3)
Omit the subsection. Insert instead:
(3) An application for a continuing detention order must be supported by
documentation:
(a) that addresses each of the matters referred to in section 17 (4), and
(b) that includes a report (prepared by a qualified psychiatrist, registered
psychologist or registered medical practitioner) that assesses the
likelihood of the offender committing a further serious offence.
[32] Section 17 Determination of application for continuing detention order
Insert after section 17 (1):
(2) In determining whether or not to make a continuing detention order or
extended supervision order, the safety of the community must be the
paramount consideration of the Supreme Court.
[33] Section 17 (4)
Insert "also" after "Supreme Court must".
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[34] Section 17 (4) (a)
Omit the paragraph.
[35] Section 17 (4) (c) and (d)
Omit "further relevant offence" wherever occurring.
Insert instead "further serious offence".
[36] Section 17 (4) (e1) and (e2)
Insert after section 17 (4) (e):
(e1) if the offender is kept in custody or is in the community (whether or not
under supervision)--any options available that might reduce the
likelihood of the offender re-offending over time,
(e2) whether it is satisfied that the offender is likely to comply with the
obligations of an extended supervision order,
[37] Section 17 (4) (f)
Omit "the level". Insert instead "without limiting paragraph (e2), the level".
[38] Section 17 (4) (i)
Omit the paragraph. Insert instead:
(i) any other information that is available as to the likelihood that the
offender will commit a further serious offence,
[39] Section 17 (4) (k)
Omit the paragraph. Insert instead:
(k) in the case of an application made on the basis that circumstances have
altered since the making of an extended supervision order or interim
supervision order against the offender--whether circumstances have
altered since the making of the order and whether those altered
circumstances mean that the risk of the offender committing a serious
offence would be unacceptable unless a continuing detention order were
made.
[40] Section 17 (5)
Omit the subsection. Insert instead:
(5) In determining whether or not to make a continuing detention order, the
Supreme Court is not to consider the ability to take action for a breach of the
order in relation to whether there is an unacceptable risk of the offender
committing further serious offences.
[41] Section 18 Term of continuing detention order
Omit "supervised sex offender or supervised violent offender" from section 18 (1A).
Insert instead "supervised offender (within the meaning of section 13B (4))".
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Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7
[42] Section 18A
Omit sections 18A and 18B. Insert instead:
18A Interim detention order
The Supreme Court may make an order for the interim detention of an offender
if, in proceedings on an application for a continuing detention order, it appears
to the Court:
(a) that the offender's current custody (if any) will expire before the
proceedings are determined, and
(b) that the matters alleged in the supporting documentation would, if
proved, justify the making of an extended supervision order or
continuing detention order.
[43] Section 18C Term of interim detention order
Omit section 18C (1). Insert instead:
(1) An interim detention order in respect of an offender commences on the day
fixed in the order for its commencement (or, if no such day is fixed, as soon as
it is made) and expires:
(a) at the end of such period (not exceeding 28 days from the day on which
it commences) as is specified in the order, or
(b) if the order is suspended for any period--the period specified in
paragraph (a) plus each period during which the order is suspended, or
(c) on the commencement of an extended supervision order made in respect
of the offender.
[44] Section 18C (1A)
Insert after section 18C (1):
(1A) An offender's custody under an interim detention order is suspended during
any period the offender is in lawful custody, whether under this or any other
Act or law.
[45] Section 18CA Ex parte application for emergency detention order
Omit "cannot be provided with adequate supervision under the extended supervision order
or interim supervision order" from section 18CA (1).
Insert instead "poses an unacceptable and imminent risk of committing a serious offence if
the emergency detention order is not made".
[46] Section 18CB Making of emergency detention orders
Omit section 18CB (1). Insert instead:
(1) The Supreme Court may make an emergency detention order if it appears to
the Court that the matters alleged in support of the application for the order
would, if proved, establish that because of altered circumstances, the offender
poses an unacceptable and imminent risk of committing a serious offence if
the emergency detention order is not made.
[47] Section 18CC Requirements with respect to application
Omit "of or above the rank of Assistant Commissioner".
Insert instead "of the rank of Assistant Commissioner".
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[48] Section 18CC (b) and (c)
Omit the paragraphs. Insert instead:
(b) the reasons why because of the altered circumstances the extended
supervision order or interim supervision order to which the offender is
currently subject will not prevent the offender from posing an
unacceptable and imminent risk of committing a serious offence,
(c) the reasons why there are no other practicable and available means of
ensuring that the offender does not pose an imminent risk of committing
a serious offence (other than detention).
[49] Section 18CC (2)
Insert at the end of section 18CC:
(2) The State:
(a) must notify the Legal Aid Commission of New South Wales in writing
when a decision is made to file an application in the Supreme Court for
an emergency detention order in respect of an offender, and
(b) if requested to do so by the Commission--is to supply the Commission
with a copy of the application and supporting affidavit.
[50] Section 18CD Term of emergency detention order
Omit section 18CD (1). Insert instead:
(1) An emergency detention order can be made to have effect for no longer than
is reasonably necessary to enable action to be taken under this Act to ensure
that the risk of the offender committing a serious offence is not unacceptable.
[51] Section 21A Victim statements
Insert "(or, if the application concerned is for an emergency detention order, as are
practicable in the circumstances)" after "reasonable" in section 21A (1).
[52] Section 21A (2)
Omit the subsection. Insert instead:
(2) The notice must inform the person that the person may make a statement orally
before the Supreme Court, or provide a statement in writing, about:
(a) the person's views about the order and any conditions to which the order
may be subject, and
(b) any other matters prescribed by the regulations.
[53] Section 21A (3A)
Insert after section 21A (3):
(3A) A statement in writing must be provided before the date specified in the notice.
[54] Section 21A (4)
Insert "in writing" after "statement".
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[55] Section 21A (4A)-(4C)
Insert after section 21A (4):
(4A) An oral statement may be made at such time during the proceedings on the
application before the Supreme Court makes its decision on the application as
the Supreme Court determines.
(4B) The Supreme Court is to hear an oral statement in the absence of the offender
unless the person giving the statement consents to the offender being present.
(4C) The Supreme Court may arrange for an oral statement to be made by way of
closed circuit television.
[56] Section 21A (6)
Insert "(other than one given in the presence of the offender in accordance with
subsection 4B)" after "statement" where firstly occurring.
[57] Section 21A (8), definition of "victim"
Omit the definition. Insert instead:
victim of an offender means a victim who is recorded on the Victims Register
in respect of the offender for the purposes of section 256 (2) (b) of the Crimes
(Administration of Sentences) Act 1999.
[58] Section 24AC Functions of Assessment Committee
Omit "sex offenders and violent" from section 24AC (a).
[59] Section 24AC (b)
Omit "assessment and management of high risk offenders".
Insert instead "assessment and management of offenders who are subject to this Act".
[60] Section 24AF Inter-agency co-operation
Omit "assessment and management of high risk offenders" from section 24AF (1).
Insert instead "assessment and management of offenders who are subject to this Act".
[61] Section 25 Provision of certain information to Attorney General
Insert "financial circumstances," after "behaviour," wherever occurring in section 25 (1)
and (2A).
[62] Section 25 (2)
Omit the maximum penalty. Insert instead:
Maximum penalty: 100 penalty units in the case of a corporation and 100
penalty units, or imprisonment for 2 years, or both, in any other case.
[63] Section 25 (2B)
Insert after section 25 (2A):
(2B) The Attorney General may request a person in another jurisdiction to provide
to the Attorney General any document, report or other information in that
person's possession, or under that person's control, that relates to the
behaviour, financial circumstances or physical or mental condition of any
offender.
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[64] Section 25 (3)
Omit "subsection (1) or (2A)". Insert instead "subsection (1), (2A) or (2B)".
[65] Section 25C Offenders to be warned about application of Act
Omit section 25C (1). Insert instead:
(1) A court that sentences a person for a serious offence is to cause the person to
be advised of the existence of this Act and of its application to the offence
unless the person is not present at the time of sentencing.
[66] Section 25D
Insert after section 25C:
25D Disclosure and use of application documentation
(1) In this section:
disclose an expert report includes the following:
(a) to make available,
(b) to disclose copies, contents or descriptions of the report.
expert report concerning an offender means a report prepared as referred to in
section 6 (3) or 14 (3), or received from persons appointed under section 7 (4)
or 15 (4), concerning an offender who is the subject of an application for an
extended supervision order or continuing detention order.
use of an expert report includes use of copies, contents or descriptions of that
report.
(2) The State may disclose an expert report concerning an offender:
(a) to a corrective services officer or any other person responsible for the
supervision (whether in custody or in the community), treatment or risk
assessment of the offender for use solely in providing rehabilitation,
care or treatment of the offender, and
(b) to any person in connection with the exercise of the person's functions
under this Act.
(3) An expert report concerning an offender may be disclosed and used in any
proceedings in respect of the offender if the court determines that:
(a) the proceedings are closely related to the proceedings under section 7 or
15 in which the expert report was used, and
(b) it is in the public interest, and
(c) the information would inform the court about the history of the
offender's mental state with respect to his or her offending.
(4) The disclosure and use of an expert report for a purpose referred to in
subsection (2) or (3) is permitted despite this Act or any other law to the
contrary or any duty of confidentiality concerning the expert report.
(5) This section does not authorise the further disclosure of an expert report by the
person to whom it was disclosed in accordance with this section.
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[67] Section 28A
Insert after section 28:
28A Evidentiary certificates
A certificate issued by the Commissioner of Corrective Services NSW that
states that an extended supervision order imposed on a specified offender was
suspended under section 10 and the date of the expiry of the order in
accordance with that section is admissible in any legal proceedings and is
evidence of the facts so stated.
[68] Schedule 2 Savings, transitional and other provisions
Insert after Part 9:
Part 10 Provisions consequent on enactment of Crimes
(High Risk Offenders) Amendment Act 2017
16 Definition
In this Part:
amending Act means the Crimes (High Risk Offenders) Amendment Act 2017.
17 Extension of scheme
The amendments made to this Act by the amending Act extend:
(a) to offences (of this or any other jurisdiction) committed before the
commencement of the amendments, and
(b) to an offender serving a sentence of imprisonment that commenced
before the commencement of the amendments, and
(c) to persons subject to an extended supervision order, interim supervision
order, continuing detention order or interim detention order
immediately before the commencement of the amendments.
18 Victim statements
Section 21A, as in force immediately before its amendment by the amending
Act, continues to apply in respect of any notice given or required to be given
under that section and any victim statement received by the Supreme Court
before the commencement of the amendments.
19 Applications
(1) An application duly made under Part 2 or 3 of this Act as in force immediately
before the amendments made to provisions of those Parts by the amending Act
is taken to have been duly made under those Parts as amended.
(2) The amendments made by the amending Act apply to and in respect of
proceedings in relation to an application made under Part 2 or 3 of this Act but
not determined before the commencement of the amendments.
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Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts
2.1 Crimes (Administration of Sentences) Act 1999 No 93
[1] Section 135 General duty of Parole Authority relating to release of offender (as
inserted by the Parole Legislation Amendment Act 2017)
Insert after section 135 (3) (h) and renumber section 135 (3) (i) as section 135 (3) (j):
(i) that an application for an extended supervision order or continuing
detention order in respect of the offender has been made under the
Crimes (High Risk Offenders) Act 2006 that has not been determined,
[2] Section 135 (4) (as inserted by the Parole Legislation Amendment Act 2017)
Omit "(i)". Insert instead "(j)".
[3] Section 135 (as inserted by the Parole Legislation Amendment Act 2017)
Insert after section 135 (6) and renumber section 135 (7) and (8) as section 135 (8) and (9),
respectively:
(7) The Parole Authority must not have regard to the fact that an application for
an extended supervision order or continuing detention order in respect of the
offender may be made under the Crimes (High Risk Offenders) Act 2006.
[4] Section 256 Victims Register
Omit section 256 (2). Insert instead:
(2) There are to be recorded in the Victims Register:
(a) the names of victims of offenders within the meaning of this Act who
have requested that they be given notice of the possible parole of the
offender concerned, and
(b) the names of victims of high risk offenders who have requested that they
be given notice if an application for an order is made in respect of the
high risk offender concerned under the Crimes (High Risk Offenders)
Act 2006.
[5] Section 256 (4)
Insert "or the Crimes (High Risk Offenders) Act 2006" after "this Act" wherever occurring.
[6] Section 256 (4AA)
Insert after section 256 (4):
(4AA) A regulation under subsection (4) must not be inconsistent with section 21A
of the Crimes (High Risk Offenders) Act 2006.
[7] Section 256 (5)
Omit the subsection. Insert instead:
(5) For the purposes of this section:
high risk offender means an offender referred to in paragraph (b) or (c) of the
definition of victim.
offence of a sexual nature means an offence of a sexual nature within the
meaning of the Crimes (High Risk Offenders) Act 2006.
serious offence means a serious offence within the meaning of the Crimes
(High Risk Offenders) Act 2006.
Page 16
Crimes (High Risk Offenders) Amendment Bill 2017 [NSW]ï€
Schedule 2 Amendment of other Acts
victim means:
(a) in relation to an offender within the meaning of this Act--a victim of an
offence for which the offender has been sentenced or of any offence
taken into account under Division 3 of Part 3 of the Crimes (Sentencing
Procedure) Act 1999, or
(b) in relation to a person who is an offender within the meaning of the
Crimes (High Risk Offenders) Act 2006 who is serving, or has at any
time served, a sentence of imprisonment by way of full-time detention
or intensive correction in the community (whether or not subject to a
home detention condition) for a serious offence--a victim of that
serious offence, or
(c) in relation to an offender referred to in paragraph (b) who is serving a
sentence of imprisonment by way of full-time detention or intensive
correction in the community (whether or not subject to a home detention
condition) for an offence of a sexual nature--a victim of that offence of
a sexual nature, or
(d) a family representative of a victim referred to in paragraph (a), (b) or (c)
(if the victim is dead or under any incapacity or in such circumstances
as may be prescribed by the regulations),
and includes a person who suffers actual physical bodily harm, mental illness
or nervous shock, or whose property is deliberately taken, destroyed or
damaged, as a direct result of an act committed, or apparently committed, by
the offender or high risk offender in the course of an offence.
2.2 Crimes (Sentencing Procedure) Act 1999 No 92
Section 24A Mandatory requirements for supervision and other prohibitions to be
disregarded in sentencing
Omit "(whether as a high risk sex offender or as a high risk violent offender)" from
section 24A (1) (d).
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