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This is a Bill, not an Act. For current law, see the Acts databases.
Crimes (Serious Sex Offenders)
Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Crimes (Serious Sex Offenders) Act 2006 to make further
provision with respect to supervision orders and detention orders; and for other
purposes.
Clause 1 Crimes (Serious Sex Offenders) Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Serious Sex Offenders) Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Crimes (Serious Sex Offenders) Amendment Bill 2010
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
Schedule 1 Amendment of Crimes (Serious Sex 1
Offenders) Act 2006 No 7 2
[1] Section 4 Definitions 3
Insert in alphabetical order: 4
Corrective Services NSW has the same meaning it has in the 5
Crimes (Administration of Sentences) Act 1999. 6
sentencing court, in relation to an offender serving a sentence of 7
imprisonment, means: 8
(a) the court by which the sentence was imposed, and 9
(b) any court that heard an appeal in respect of that sentence. 10
[2] Section 4, definition of "corrective services officer" 11
Omit "the Department of Corrective Services". 12
Insert instead "Corrective Services NSW". 13
[3] Section 5 Definitions of "serious sex offence" and "offence of a sexual 14
nature" 15
Insert after section 5 (1) (c): 16
(c1) an offence by a person that, at the time it was committed, 17
was not a serious sex offence for the purposes of this Act 18
but which was committed in circumstances that would 19
make the offence a serious sex offence if it were 20
committed at the time an application for an order against 21
the person is made under this Act, and 22
[4] Section 7 Pre-trial procedures 23
Insert after section 7 (2): 24
Note. Section 21A (6) provides that the State of New South Wales must 25
not disclose a victim statement to the offender unless the person who 26
made the statement consents to the disclosure. 27
[5] Sections 9 (2) and 17 (2) and (3) 28
Omit "is likely to commit a further" wherever occurring. 29
Insert instead "poses an unacceptable risk of committing a". 30
Page 3
Crimes (Serious Sex Offenders) Amendment Bill 2010
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
[6] Section 9 (2A) 1
Insert after section 9 (2): 2
(2A) The Supreme Court is not required to determine that the risk of a 3
person committing a serious sex offence is more likely than not 4
in order to determine that the person poses an unacceptable risk 5
of committing a serious sex offence. 6
[7] Sections 9 (3) (d1) and 17 (4) (d1) 7
Insert after sections 9 (3) (d) and 17 (4) (d) respectively: 8
(d1) any report prepared by Corrective Services NSW as to the 9
extent to which the offender can reasonably and 10
practicably be managed in the community, 11
[8] Sections 9 (3) (h1) and 17 (4) (h1) 12
Insert after sections 9 (3) (h) and 17 (4) (h) respectively: 13
(h1) the views of the sentencing court at the time the sentence 14
of imprisonment was imposed on the offender, 15
[9] Section 10 Term of extended supervision order 16
Omit section 10 (1). Insert instead: 17
(1) An extended supervision order commences when it is made, or 18
when the offender's current custody or supervision expires, 19
whichever is the later. 20
(1A) An extended supervision order expires at the end of: 21
(a) such period (not exceeding 5 years from the day on which 22
it commences) as is specified in the order, or 23
(b) if the order is suspended for any period, the period 24
specified in paragraph (a) plus each period during which 25
the order is suspended. 26
[10] Section 10 (2) 27
Omit ", but that suspension does not affect the expiry date of the order". 28
[11] Section 11 Conditions that may be imposed on supervision order 29
Insert after section 11 (a): 30
(a1) to permit any corrective services officer to access any 31
computer or related equipment that is at the offender's 32
residential address or in the possession of the offender, or 33
Page 4
Crimes (Serious Sex Offenders) Amendment Bill 2010
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
[12] Sections 13 (1A) and 19 (1A) 1
Insert after sections 13 (1) and 19 (1) respectively: 2
(1A) The period of an order must not be varied so that the period is 3
greater than that otherwise permitted under this Part. 4
[13] Section 14 Application for continuing detention order 5
Omit section 14 (2). Insert instead: 6
(2) The State of New South Wales may apply to the Supreme Court 7
for a continuing detention order against a person who is subject 8
to an extended supervision order or an interim supervision order 9
if: 10
(a) the person is found guilty of an offence under section 12, 11
or 12
(b) because of altered circumstances, adequate supervision of 13
the person cannot be provided under an extended 14
supervision order or an interim supervision order. 15
(2A) An application under subsection (1) may not be made more than 16
6 months before: 17
(a) the end of the offender's total sentence, or 18
(b) the expiry of the existing continuing detention order, 19
as appropriate. 20
(2B) An application under subsection (2) in respect of a person who is 21
serving a sentence of imprisonment by way of full-time detention 22
may not be made more than 6 months before the end of the 23
person's total sentence. 24
[14] Section 14 (3) (a) 25
Insert "(and if the application is made under subsection (2), the matters 26
referred to in section 17 (4A) and (4B) to the extent that is relevant to the 27
application)" after "section 17 (4)". 28
[15] Section 14A Application for continuing detention order on breach of 29
extended supervision order or interim supervision order 30
Omit the section. 31
Page 5
Crimes (Serious Sex Offenders) Amendment Bill 2010
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
[16] Section 17 Determination of application for continuing detention order 1
Insert after section 17 (3): 2
(3A) The Supreme Court is not required to determine that the risk of a 3
person committing a serious sex offence is more likely than not 4
in order to determine that the person poses an unacceptable risk 5
of committing a serious sex offence. 6
[17] Section 17 (4) (f) 7
Omit "earlier". Insert instead "interim supervision order or an". 8
[18] Section 17 (4A) 9
Omit "section 14A". Insert instead "section 14 (2) (a)". 10
[19] Section 17 (4B) 11
Insert after section 17 (4A): 12
(4B) In determining an application made under section 14 (2) (b), the 13
Supreme Court cannot make a continuing detention order unless 14
it is satisfied that circumstances have altered since the making of 15
the extended supervision order or interim supervision order and 16
those altered circumstances mean that adequate supervision of 17
the person cannot be provided under an extended supervision 18
order or an interim supervision order. 19
[20] Section 17A Special provisions relating to parole 20
Omit the section. 21
[21] Section 18 Term of continuing detention order 22
Omit "section 14A" from section 18 (1A). Insert instead "section 14 (2)". 23
[22] Section 18A 24
Insert after section 18: 25
18A Detention order causes any supervision order to cease to have 26
effect 27
(1) On the making of a continuing detention order in respect of a 28
person, any interim supervision order or extended supervision 29
order in respect of the person expires and ceases to have effect. 30
(2) On the making of an interim detention order in respect of a 31
person, any interim supervision order or extended supervision 32
order in respect of the person is suspended and ceases to have 33
effect until such time as the interim detention order expires. 34
Page 6
Crimes (Serious Sex Offenders) Amendment Bill 2010
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
[23] Section 19 Detention order may be varied or revoked 1
Omit "such an application" from section 19 (2). 2
Insert instead "an application under this section". 3
[24] Section 21A 4
Insert after section 21: 5
21A Victim statements 6
(1) As soon as practicable after an application for an order under this 7
Act is made in respect of an offender, the person acting on behalf 8
of the State of New South Wales for the purposes of the 9
application must take such steps as are reasonable to ensure that 10
written notice of the application is given to: 11
(a) each victim of the offender, or 12
(b) if any such victim is under 18 years of age or lacks legal 13
capacity--that victim's parent or guardian. 14
(2) The notice must inform the person that the person may provide, 15
before the date stated in the notice, a written statement setting 16
out: 17
(a) the person's views about the order and any conditions to 18
which the order may be subject, and 19
(b) any other matters prescribed by the regulations. 20
(3) It is sufficient for the notice to be sent to the person at the 21
person's last known address as recorded in the Victims Register. 22
(4) Any statement received before the final hearing date in respect of 23
the application may be placed before the Supreme Court for 24
consideration in respect of the application. 25
(5) A person who makes a statement may amend or withdraw the 26
statement. 27
(6) The Supreme Court and the State of New South Wales must not 28
disclose a statement to the offender to which the application 29
relates unless the person who made the statement consents to the 30
disclosure. 31
(7) If consent is not provided the Supreme Court may: 32
(a) reduce the weight given to the statement, and 33
(b) take reasonable steps to disclose to the offender, or the 34
offender's legal representative, the substance of the 35
statement but only if the Court is satisfied that those steps 36
Page 7
Crimes (Serious Sex Offenders) Amendment Bill 2010
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
could not reasonably be expected to lead to the 1
identification of the victim or the person who made the 2
statement. 3
(8) In this section: 4
victim of an offender means a victim who is recorded on the 5
Victims Register in respect of the offender and who is a victim of 6
an offence committed by the offender for which the offender is 7
currently serving, or most recently served, a sentence of 8
imprisonment. 9
Victims Register has the same meaning it has in the Crimes 10
(Administration of Sentences) Act 1999. 11
[25] Sections 25A and 25B 12
Insert after section 25: 13
25A Proceedings for offences 14
(1) Proceedings for an offence under this Act or the regulations are 15
to be dealt with summarily before the Local Court. 16
(2) Proceedings for an offence under section 12 may also be dealt 17
with summarily before the Supreme Court. 18
25B Orders may be made at same time 19
(1) Nothing in this Act prevents the Supreme Court from making an 20
extended supervision order in respect of a person at the same time 21
that it makes a continuing detention order in respect of the 22
person. 23
(2) In such a case, despite section 10 (1), the extended supervision 24
order commences on the expiry of the continuing detention order 25
and expires: 26
(a) at the end of such period (not exceeding 5 years from the 27
day on which it commences) as is specified in the order, or 28
(b) if the order is suspended for any period, the period 29
specified in paragraph (a) plus each period during which 30
the order is suspended. 31
[26] Section 31 and Schedule 1 32
Omit the provisions. 33
[27] Section 32 Review of Act 34
Omit "this Act" from section 32 (3). 35
Insert instead "the Crimes (Serious Sex Offenders) Amendment Act 2010". 36
Page 8
Crimes (Serious Sex Offenders) Amendment Bill 2010
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
[28] Schedule 2 Savings, transitional and other provisions 1
Omit the source reference "(Section 31 (2))" from the Schedule. 2
[29] Schedule 2, clause 1 (1) 3
Omit "the Law". Insert "Law". 4
[30] Schedule 2, clause 1 (1) 5
Insert at the end of the subclause: 6
Crimes (Serious Sex Offenders) Amendment Act 2010 7
[31] Schedule 2, Part 5 8
Insert after Part 4: 9
Part 5 Provisions consequent on enactment of 10
Crimes (Serious Sex Offenders) 11
Amendment Act 2010 12
7 Definition 13
In this Part: 14
2010 amending Act means the Crimes (Serious Sex Offenders) 15
Amendment Act 2010. 16
8 Application of 2010 amending Act 17
(1) The amendments made to this Act by the 2010 amending Act 18
apply to and in respect of offences committed before the 19
commencement of this clause in the same way as they apply to 20
and in respect of offences committed on or after that 21
commencement. 22
(2) This Act, as amended by the 2010 amending Act, applies to and 23
in respect of a person who is subject to an order under this Act 24
that commenced before the commencement of this clause in the 25
same way as it applies to and in respect of a person who is made 26
subject to an order under this Act after that commencement. 27
Page 9
Crimes (Serious Sex Offenders) Amendment Bill 2010
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
Schedule 2 Amendment of Crimes (Administration 1
of Sentences) Act 1999 No 93 2
[1] Section 126 Eligibility for release on parole 3
Insert "or an interim detention order" after "continuing detention order" in 4
section 126 (4). 5
[2] Section 160A Relationship of parole orders to orders under the Crimes 6
(Serious Sex Offenders) Act 2006 7
Insert ", an interim supervision order or an interim detention order" after 8
"extended supervision order" in section 160A (1). 9
[3] Section 160A (2) 10
Insert "or interim supervision order" after "extended supervision order" in 11
section 160A (2). 12
[4] Section 160A (3) 13
Insert after section 160A (2): 14
(3) Any parole order to which an offender is subject is revoked if a 15
continuing detention order is made against the offender under the 16
Crimes (Serious Sex Offenders) Act 2006. 17
[5] Schedule 5 Savings, transitional and other provisions 18
Insert at the end of clause 1 (1): 19
Crimes (Serious Sex Offenders) Amendment Act 2010 20
Page 10
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