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Crimes (Serious Sex Offenders)
Amendment Bill 2013
No , 2013
A Bill for
An Act to amend the Crimes (Serious Sex Offenders) Act 2006 to provide for the
supervision and detention of high risk violent offenders; to permit orders to be made
against an adult convicted of an offence committed as a child; and to amend other
legislation for related purposes.
Clause 1 Crimes (Serious Sex Offenders) Amendment Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Serious Sex Offenders) Amendment Act 2013. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Crimes (Serious Sex Offenders) Amendment Bill 2013
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] Long title 3
Omit "serious sex offenders". 4
Insert instead "high risk sex offenders and high risk violent offenders". 5
[2] Section 1 Name of Act 6
Omit "Serious Sex Offenders". Insert instead "High Risk Offenders". 7
[3] Section 3 Objects of Act 8
Omit "serious sex offenders" wherever occurring. 9
Insert instead "high risk sex offenders and high risk violent offenders". 10
[4] Section 4 Definitions 11
Omit the definitions of continuing detention order, extended supervision 12
order, interim detention order, interim supervision order and sex offender. 13
Insert in alphabetical order: 14
continuing detention order means an order for the detention of 15
an offender made under section 5D or 5G. 16
extended supervision order means an order for the supervision of 17
an offender made under section 5C or 5F. 18
high risk sex offender--see section 5B. 19
high risk sex offender continuing detention order means a 20
continuing detention order made under section 5D. 21
high risk sex offender extended supervision order means an 22
extended supervision order made under section 5C. 23
high risk violent offender--see section 5E. 24
high risk violent offender continuing detention order means a 25
continuing detention order made under section 5G. 26
high risk violent offender extended supervision order means an 27
extended supervision order made under section 5F. 28
interim detention order means an interim order for the detention 29
of an offender made under section 18A or 18B. 30
interim supervision order means an interim order for the 31
supervision of an offender made under section 10A or 10B. 32
offender means a sex offender or a violent offender. 33
serious violence offence--see section 5A. 34
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
sex offender means a person over the age of 18 years who has at 1
any time been sentenced to imprisonment following his or her 2
conviction of a serious sex offence. 3
violent offender means a person over the age of 18 years who has 4
at any time been sentenced to imprisonment following his or her 5
conviction for a serious violence offence. 6
[5] Section 5A 7
Insert after section 5: 8
5A Definition of "serious violence offence" 9
(1) For the purposes of this Act, a serious violence offence is a 10
serious indictable offence that is constituted by a person: 11
(a) engaging in conduct that causes the death of another 12
person or grievous bodily harm to another person, with the 13
intention of causing, or while being reckless as to causing, 14
the death of another person or grievous or actual bodily 15
harm to another person, or 16
(b) attempting to commit, or conspiring with or inciting 17
another person to commit, an offence of a kind referred to 18
in paragraph (a). 19
(2) An offence that includes the elements referred to in 20
subsection (1) (a) is a serious violence offence regardless of how 21
those elements are expressed, and whether or not the offence 22
includes other elements. 23
(3) A serious indictable offence is: 24
(a) an offence committed in New South Wales that was a 25
serious indictable offence (within the meaning of the 26
Crimes Act 1900) at the time that it was committed, or 27
(b) an offence committed elsewhere than in New South Wales 28
that, if committed in New South Wales, would be a serious 29
indictable offence within the meaning of the Crimes Act 30
1900 at the time that it was committed, or 31
(c) an offence that, at the time that it was committed, was not 32
a serious indictable offence but which was committed in 33
circumstances that would make the offence a serious 34
indictable offence if it were committed at the time an 35
application for an order against the person is made under 36
this Act. 37
Page 4
Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
[6] Part 1A 1
Insert after Part 1: 2
Part 1A Supervision and detention of high risk 3
offenders 4
Division 1 High risk sex offenders 5
5B High risk sex offender 6
(1) An offender can be made the subject of a high risk sex offender 7
extended supervision order or a high risk sex offender continuing 8
detention order as provided for by this Act if and only if the 9
offender is a high risk sex offender. 10
(2) An offender is a high risk sex offender if the offender is a sex 11
offender and the Supreme Court is satisfied to a high degree of 12
probability that the offender poses an unacceptable risk of 13
committing a serious sex offence if he or she is not kept under 14
supervision. 15
(3) The Supreme Court is not required to determine that the risk of a 16
person committing a serious sex offence is more likely than not 17
in order to determine that the person poses an unacceptable risk 18
of committing a serious sex offence. 19
5C Extended supervision orders for high risk sex offenders 20
(1) The Supreme Court may, on application under this Act, make an 21
order for the supervision of an offender if the offender is a high 22
risk sex offender. 23
(2) An order made under this section is an extended supervision 24
order. 25
(3) An extended supervision order made under this section may also 26
be referred to as a high risk sex offender extended supervision 27
order. 28
5D Continuing detention orders for high risk sex offenders 29
(1) The Supreme Court may, on application under this Act, make an 30
order for the detention of an offender if the offender is a high risk 31
sex offender and the Supreme Court is satisfied that adequate 32
supervision will not be provided by an extended supervision 33
order. 34
(2) An order made under this section is a continuing detention 35
order. 36
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
(3) A continuing detention order made under this section may also be 1
referred to as a high risk sex offender continuing detention 2
order. 3
Division 2 High risk violent offenders 4
5E High risk violent offender 5
(1) An offender can be made the subject of a high risk violent 6
offender extended supervision order or a high risk violent 7
offender continuing detention order as provided for by this Act if 8
and only if the offender is a high risk violent offender. 9
(2) An offender is a high risk violent offender if the offender is a 10
violent offender and the Supreme Court is satisfied to a high 11
degree of probability that the offender poses an unacceptable risk 12
of committing a serious violence offence if he or she is not kept 13
under supervision. 14
(3) The Supreme Court is not required to determine that the risk of a 15
person committing a serious violence offence is more likely than 16
not in order to determine that the person poses an unacceptable 17
risk of committing a serious violence offence. 18
5F Extended supervision orders for high risk violent offenders 19
(1) The Supreme Court may, on application under this Act, make an 20
order for the supervision of an offender if the offender is a high 21
risk violent offender. 22
(2) An order made under this section is an extended supervision 23
order. 24
(3) An extended supervision order made under this section may also 25
be referred to as a high risk violent offender extended 26
supervision order. 27
5G Continuing detention orders for high risk violent offenders 28
(1) The Supreme Court may, on application under this Act, make an 29
order for the detention of an offender if the offender is a high risk 30
violent offender and the Supreme Court is satisfied that adequate 31
supervision will not be provided by an extended supervision 32
order. 33
(2) An order made under this section is a continuing detention 34
order. 35
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
(3) A continuing detention order made under this section may also be 1
referred to as a high risk violent offender continuing detention 2
order. 3
[7] Part 2, Division 1 4
Insert before section 6: 5
Division 1 Application for extended supervision order 6
5H State may apply for order 7
The State of New South Wales may apply to the Supreme Court 8
for an extended supervision order against an offender. 9
5I Application for high risk sex offender extended supervision order 10
(1) An application for a high risk sex offender extended supervision 11
order may be made only in respect of a supervised sex offender. 12
(2) A supervised sex offender is a sex offender who, when the 13
application for the order is made, is in custody or under 14
supervision (referred to in this Part as the offender's current 15
custody or supervision): 16
(a) while serving a sentence of imprisonment: 17
(i) for a serious sex offence, or 18
(ii) for an offence of a sexual nature, or 19
(iii) for another offence which is being served 20
concurrently or consecutively, or partly 21
concurrently and partly consecutively, with one or 22
more sentences of imprisonment referred to in 23
subparagraph (i) or (ii), or 24
(b) pursuant to an existing extended supervision order or 25
continuing detention order. 26
(3) A person is taken to be serving a sentence of imprisonment 27
whether the sentence is being served by way of full-time 28
detention, intensive correction in the community or home 29
detention and whether the offender is in custody or on release on 30
parole. 31
5J Application for high risk violent offender extended supervision 32
order 33
(1) An application for a high risk violent offender extended 34
supervision order may be made only in respect of a supervised 35
violent offender. 36
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
(2) A supervised violent offender is a violent offender who, when 1
the application for the order is made, is in custody or under 2
supervision (referred to in this Part as the offender's current 3
custody or supervision): 4
(a) while serving a sentence of imprisonment: 5
(i) for a serious violence offence, or 6
(ii) for an offence under section 12, or 7
(iii) for another offence which is being served 8
concurrently or consecutively, or partly 9
concurrently and partly consecutively, with one or 10
more sentences of imprisonment referred to in 11
subparagraph (i) or (ii), or 12
(b) pursuant to an existing extended supervision order or 13
continuing detention order. 14
(3) A person is taken to be serving a sentence of imprisonment 15
whether the sentence is being served by way of full-time 16
detention, intensive correction in the community or home 17
detention and whether the offender is in custody or on release on 18
parole. 19
[8] Section 6 Requirements with respect to application 20
Omit section 6 (1). Insert instead: 21
(1) An application for an extended supervision order must indicate 22
whether the extended supervision order sought is a high risk sex 23
offender extended supervision order or a high risk violent 24
offender extended supervision order. 25
[9] Section 6 (3) (b) 26
Omit "committing a further serious sex offence". Insert instead: 27
committing: 28
(i) a further serious sex offence (in the case of an application 29
for a high risk sex offender extended supervision order), or 30
(ii) a further serious violence offence (in the case of an 31
application for a high risk violent offender extended 32
supervision order). 33
[10] Section 7 Pre-trial procedures 34
Omit "sex" from section 7 (1). 35
[11] Section 8 Interim supervision orders 36
Omit the section. 37
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
[12] Part 2, Division 2, heading 1
Insert before section 9: 2
Division 2 Determination of application 3
[13] Section 9 Determination of application for extended supervision order 4
Omit section 9 (2) and (2A). 5
[14] Section 9 (3) (c) and (d) 6
Omit "a further serious sex offence" wherever occurring. 7
Insert instead "a further relevant offence". 8
[15] Section 9 (3) (i) 9
Insert "(in the case of an application for a high risk sex offender extended 10
supervision order) or serious violence offences (in the case of an application 11
for a high risk violent offender extended supervision order)" after "offences of 12
a sexual nature". 13
[16] Section 9 (4) 14
Insert after section 9 (3): 15
(4) In this section, a relevant offence means: 16
(a) in the case of an application for a high risk sex offender 17
extended supervision order--a serious sex offence, or 18
(b) in the case of an application for a high risk violent offender 19
extended supervision order--a serious violence offence. 20
[17] Part 2, Division 3 21
Insert after section 10: 22
Division 3 Interim supervision orders 23
10A Interim supervision order--high risk sex offender 24
The Supreme Court may make an order for the interim 25
supervision of an offender if, in proceedings for an extended 26
supervision order, it appears to the Court: 27
(a) that the offender's current custody or supervision will 28
expire before the proceedings are determined, and 29
(b) that the matters alleged in the supporting documentation 30
would, if proved, justify the making of a high risk sex 31
offender extended supervision order. 32
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
10B Interim supervision order--high risk violent offender 1
The Supreme Court may make an order for the interim 2
supervision of an offender if, in proceedings for an extended 3
supervision order, it appears to the Court: 4
(a) that the offender's current custody or supervision will 5
expire before the proceedings are determined, and 6
(b) that the matters alleged in the supporting documentation 7
would, if proved, justify the making of a high risk violent 8
offender extended supervision order. 9
10C Term of interim supervision order 10
(1) An interim supervision order commences on the day fixed in the 11
order for its commencement (or, if no such day is fixed, as soon 12
as it is made) and expires at the end of such period (not exceeding 13
28 days from the day on which it commences) as is specified in 14
the order. 15
(2) An interim supervision order may be renewed from time to time, 16
but not so as to provide for the supervision of the offender under 17
such an order for periods totalling more than 3 months. 18
[18] Part 2, Division 4, heading 19
Insert before section 11: 20
Division 4 General 21
[19] Section 13 Supervision order may be varied or revoked 22
Insert after section 13 (1A): 23
(1B) Without limiting the grounds for revoking an extended 24
supervision order or interim supervision order, the Supreme 25
Court may revoke an extended supervision order or interim 26
supervision order if satisfied that circumstances have changed 27
sufficiently to render the order unnecessary. 28
[20] Section 13 (3) 29
Insert after section 13 (2): 30
(3) The report must indicate whether the Commissioner considers 31
the continuation of the extended supervision order to be 32
necessary and appropriate. 33
Page 10
Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
[21] Part 3, Division 1 1
Insert before section 14: 2
Division 1 Application for continuing detention order 3
13A State may apply for order 4
The State of New South Wales may apply to the Supreme Court 5
for a continuing detention order against an offender. 6
13B Application for high risk sex offender continuing detention order 7
(1) An application for a high risk sex offender continuing detention 8
order may be made only in respect of: 9
(a) a detained sex offender, or 10
(b) a supervised sex offender. 11
(2) A detained sex offender is a sex offender who, when the 12
application for a continuing detention order is made, is in custody 13
in a correctional centre (referred to in this Part as the offender's 14
current custody): 15
(a) while serving a sentence of imprisonment by way of 16
full-time detention: 17
(i) for a serious sex offence, or 18
(ii) for an offence of a sexual nature, or 19
(iii) for another offence which is being served 20
concurrently or consecutively, or partly 21
concurrently and partly consecutively, with one or 22
more sentences of imprisonment referred to in 23
subparagraph (i) or (ii), or 24
(b) pursuant to an existing continuing detention order. 25
(3) An application in respect of a detained sex offender may not be 26
made more than 6 months before: 27
(a) the end of the offender's total sentence, or 28
(b) the expiry of the existing continuing detention order, 29
as appropriate. 30
(4) A supervised sex offender is a sex offender the subject of an 31
extended supervision order or an interim supervision order who: 32
(a) has been found guilty of an offence under section 12 in 33
respect of that order, or 34
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
(b) because of altered circumstances, cannot be provided with 1
adequate supervision under an extended supervision order 2
or interim supervision order. 3
(5) An application in respect of a supervised sex offender who is 4
serving a sentence of imprisonment by way of full-time detention 5
may not be made more than 6 months before the end of the 6
person's total sentence. 7
(6) In determining an application in respect of a person referred to in 8
subsection (4) (b), the Supreme Court must not make a 9
continuing detention order unless it is satisfied that 10
circumstances have altered since the making of the extended 11
supervision order or interim supervision order and those altered 12
circumstances mean that adequate supervision of the offender 13
cannot be provided under an extended supervision order or an 14
interim supervision order. 15
13C Application for high risk violent offender continuing detention 16
order 17
(1) An application for a high risk violent offender continuing 18
detention order may be made only in respect of: 19
(a) a detained violent offender, or 20
(b) a supervised violent offender. 21
(2) A detained violent offender is a violent offender who, when the 22
application for a continuing detention order is made, is in custody 23
in a correctional centre (referred to in this Part as the offender's 24
current custody): 25
(a) while serving a sentence of imprisonment by way of 26
full-time detention: 27
(i) for a serious violence offence, or 28
(ii) for an offence under section 12, or 29
(iii) for another offence which is being served 30
concurrently or consecutively, or partly 31
concurrently and partly consecutively, with one or 32
more sentences of imprisonment referred to in 33
subparagraph (i) or (ii), or 34
(b) pursuant to an existing continuing detention order. 35
(3) An application in respect of a detained violent offender may not 36
be made more than 6 months before: 37
(a) the end of the offender's total sentence, or 38
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
(b) the expiry of the existing continuing detention order, 1
as appropriate. 2
(4) A supervised violent offender is a violent offender the subject of 3
an extended supervision order or an interim supervision order 4
who: 5
(a) has been found guilty of an offence under section 12 in 6
respect of that order, or 7
(b) because of altered circumstances, cannot be provided with 8
adequate supervision under an extended supervision order 9
or interim supervision order. 10
(5) An application in respect of a supervised violent offender who is 11
serving a sentence of imprisonment by way of full-time detention 12
may not be made more than 6 months before the end of the 13
person's total sentence. 14
(6) The Supreme Court must not make a continuing detention order 15
on an application referred to in subsection (4) (b) unless it is 16
satisfied that circumstances have altered since the making of the 17
extended supervision order or interim supervision order and 18
those altered circumstances mean that adequate supervision of 19
the offender cannot be provided under an extended supervision 20
order or an interim supervision order. 21
[22] Section 14 Requirements with respect to application 22
Omit section 14 (1)-(2B). Insert instead: 23
(1) An application for a continuing detention order must indicate 24
whether the continuing detention order sought is a high risk sex 25
offender continuing detention order or a high risk violent 26
offender continuing detention order. 27
[23] Section 14 (3) 28
Omit the subsection. Insert instead: 29
(3) An application must be supported by documentation: 30
(a) that addresses each of the matters referred to in 31
section 17 (4) (to the extent relevant to the application), 32
and 33
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
(b) that includes a report (prepared by a qualified psychiatrist, 1
registered psychologist or registered medical practitioner) 2
that assesses the likelihood of the offender committing: 3
(i) a further serious sex offence (in the case of an 4
application for a high risk sex offender continuing 5
detention order), or 6
(ii) a further serious violence offence (in the case of an 7
application for a high risk violent offender 8
continuing detention order). 9
[24] Section 15 Pre-trial procedures 10
Omit "sex" from section 15 (1). 11
[25] Section 16 Interim detention orders 12
Omit the section. 13
[26] Part 3, Division 2, heading 14
Insert before section 17: 15
Division 2 Determination of application 16
[27] Section 17 Determination of application for continuing detention order 17
Omit section 17 (2)-(3A). 18
[28] Section 17 (4) (c) and (d) 19
Omit "a further serious sex offence" wherever occurring. 20
Insert instead "a further relevant offence". 21
[29] Section 17 (4) (i) 22
Insert "(in the case of an application for a high risk sex offender continuing 23
detention order) or serious violence offences (in the case of an application for 24
a high risk violent offender continuing detention order)" after "offences of a 25
sexual nature". 26
[30] Section 17 (4) (j) and (k) 27
Insert after section 17 (4) (i): 28
(j) in the case of an application made on the basis that the 29
offender has been found guilty of an offence of failing to 30
comply with the requirements of an extended supervision 31
order or interim supervision order--the nature of the 32
failure to comply with those requirements and the 33
likelihood of further failures to comply, 34
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
(k) in the case of an application made on the basis that 1
circumstances have altered since the making of an 2
extended supervision order or interim supervision order 3
against the offender--whether circumstances have altered 4
since the making of the order and whether those altered 5
circumstances mean that adequate supervision cannot be 6
provided under an extended supervision order or an 7
interim supervision order. 8
[31] Section 17 (5) 9
Omit section 17 (4A)-(5). Insert instead: 10
(5) In this section, a relevant offence means: 11
(a) in the case of an application for a high risk sex offender 12
continuing detention order--a serious sex offence, or 13
(b) in the case of an application for a high risk violent offender 14
continuing detention order--a serious violence offence. 15
[32] Section 18 Term of continuing detention order 16
Omit "made on application under section 14 (2) in respect of a person" from 17
section 18 (1A). 18
Insert instead "made on application under this Part in respect of a supervised 19
sex offender or supervised violent offender". 20
[33] Part 3, Division 3, and Division 4, heading 21
Insert after section 18: 22
Division 3 Interim detention orders 23
18A Interim detention order--high risk sex offender 24
The Supreme Court may make an order for the interim detention 25
of an offender if, in proceedings on an application for a 26
continuing detention order, it appears to the Court: 27
(a) that the offender's current custody (if any) will expire 28
before the proceedings are determined, and 29
(b) that the matters alleged in the supporting documentation 30
would, if proved, justify the making of a high risk sex 31
offender extended supervision order or a high risk sex 32
offender continuing detention order. 33
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Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
18B Interim detention order--high risk violent offender 1
The Supreme Court may make an order for the interim detention 2
of an offender if, in proceedings on an application for a 3
continuing detention order, it appears to the Court: 4
(a) that the offender's current custody (if any) will expire 5
before the proceedings are determined, and 6
(b) that the matters alleged in the supporting documentation 7
would, if proved, justify the making of a high risk violent 8
offender extended supervision order or a high risk violent 9
offender continuing detention order. 10
18C Term of interim detention order 11
(1) An interim detention order commences on the day fixed in the 12
order for its commencement (or, if no such day is fixed, as soon 13
as it is made) and expires at the end of such period (not exceeding 14
28 days from the day on which it commences) as is specified in 15
the order. 16
(2) An interim detention order may be renewed from time to time, 17
but not so as to provide for the detention of the offender under 18
such an order for periods totalling more than 3 months. 19
Division 4 General 20
[34] Section 18A Detention order causes any supervision order to cease to 21
have effect 22
Renumber the section as section 18D. 23
[35] Section 19 Detention order may be varied or revoked 24
Insert after section 19 (1A): 25
(1B) Without limiting the grounds for revoking a continuing detention 26
order or interim detention order, the Supreme Court may revoke 27
a continuing detention order or interim detention order if satisfied 28
that circumstances have changed sufficiently to render the order 29
unnecessary. 30
[36] Section 19 (3) 31
Insert after section 19 (2): 32
(3) The report must indicate whether the Commissioner considers 33
the continuation of the continuing detention order to be necessary 34
and appropriate. 35
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 1
[37] Section 25 Attorney General may require provision of certain 1
information 2
Omit "sex" from section 25 (1). 3
[38] Section 25C 4
Insert after section 25B: 5
25C Violent offenders to be warned about application of Act 6
(1) A court that sentences a person for a serious violence offence is 7
to cause the person to be advised of the existence of this Act and 8
of its application to the offence. 9
(2) A failure by a court to comply with this section does not affect the 10
validity of a sentence or prevent the making of an order against a 11
person under this Act. 12
[39] Section 32 13
Omit the section. Insert instead: 14
32 Review of extension of Act 15
(1) The Minister is to review the amendments made to this Act by the 16
Crimes (Serious Sex Offenders) Amendment Act 2013 to 17
determine whether the policy objectives of those amendments 18
remain valid and whether the terms of this Act, as amended, 19
remain appropriate for securing those objectives. 20
(2) For the purposes of the review, the Minister may require the 21
Commissioner of Corrective Services to provide information as 22
to how the Commissioner's functions in relation to the 23
administration of this Act are being, and have been, exercised. 24
(3) The review is to be undertaken as soon as possible after the period 25
of 3 years from the date of assent to the Crimes (Serious Sex 26
Offenders) Amendment Act 2013. 27
(4) A report on the outcome of the review is to be tabled in each 28
House of Parliament within 12 months after the end of the period 29
of 3 years. 30
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Schedule 1 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
[40] Schedule 2 Savings, transitional and other provisions 1
Insert after Part 6: 2
Part 7 Provisions consequent on enactment of 3
Crimes (Serious Sex Offenders) 4
Amendment Act 2013 5
10 Definition 6
In this Part: 7
amending Act means the Crimes (Serious Sex Offenders) 8
Amendment Act 2013. 9
11 Extension of scheme 10
The amendments made to this Act by the amending Act extend: 11
(a) to offences committed before the date of assent to that Act, 12
and 13
(b) to persons serving a sentence of imprisonment that 14
commenced before the date of assent to that Act. 15
12 Saving of existing orders 16
(1) An extended supervision order made under section 9 or 17 before 17
the amendments made by the amending Act, and in force 18
immediately before the commencement of those amendments, is 19
taken to be an extended supervision order under section 5C. 20
(2) An interim supervision order made under section 8 before the 21
repeal of that section by the amending Act, and in force 22
immediately before that repeal, is taken to be an interim 23
supervision order under section 10A. 24
(3) A continuing detention order made under section 17 before the 25
amendments made by the amending Act, and in force 26
immediately before the commencement of those amendments, is 27
taken to be a continuing detention order under section 5D. 28
(4) An interim detention order made under section 16 before the 29
repeal of that section by the amending Act, and in force 30
immediately before that repeal, is taken to be an interim detention 31
order under section 18A. 32
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of other legislation Schedule 2
Schedule 2 Amendment of other legislation 1
2.1 Bail Act 1978 No 161 2
Section 8F Presumption against bail for breach of extended supervision 3
orders or interim supervision orders 4
Omit "Crimes (Serious Sex Offenders) Act 2006" from section 8F (1). 5
Insert instead "Crimes (High Risk Offenders) Act 2006". 6
2.2 Births, Deaths and Marriages Registration Act 1995 No 62 7
Section 25F Definitions 8
Omit "Crimes (Serious Sex Offenders) Act 2006" from paragraph (a) of the 9
definition of supervision order. 10
Insert instead "Crimes (High Risk Offenders) Act 2006". 11
2.3 Child Protection (Offenders Prohibition Orders) Act 2004 12
No 46 13
Section 16B Commissioner of Police may apply for orders 14
Omit "Crimes (Serious Sex Offenders) Act 2006" from section 16B (b) (i). 15
Insert instead "Crimes (High Risk Offenders) Act 2006". 16
2.4 Child Protection (Offenders Registration) Act 2000 No 42 17
Section 15 Suspension and extension of reporting obligations 18
Omit "Crimes (Serious Sex Offenders) Act 2006" from section 15 (1) (d). 19
Insert instead "Crimes (High Risk Offenders) Act 2006". 20
2.5 Child Protection (Offenders Registration) Regulation 2009 21
Clause 19 Supervising authorities 22
Omit "Crimes (Serious Sex Offenders) Act 2006" from clause 19 (c) (v). 23
Insert instead "Crimes (High Risk Offenders) Act 2006". 24
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Schedule 2 Amendment of other legislation
2.6 Crimes (Administration of Sentences) Act 1999 No 93 1
[1] Section 4 Application of Part 2
Omit "Crimes (Serious Sex Offenders) Act 2006" from section 4 (1) (c1). 3
Insert instead "Crimes (High Risk Offenders) Act 2006". 4
[2] Section 79 Regulations 5
Insert after section 79 (b): 6
(b1) the preparation and implementation of plans of 7
management in respect of inmates, and the provision of 8
services and programs in respect of inmates, 9
Note. See also section 271A. 10
[3] Section 126 Eligibility for release on parole 11
Omit "Crimes (Serious Sex Offenders) Act 2006" from section 126 (4). 12
Insert instead "Crimes (High Risk Offenders) Act 2006". 13
[4] Section 160A Relationship of parole orders to high risk offender orders 14
Omit "Crimes (Serious Sex Offenders) Act 2006" wherever occurring. 15
Insert instead "Crimes (High Risk Offenders) Act 2006". 16
[5] Section 235G Functions of Departmental compliance and monitoring 17
officers 18
Omit "Crimes (Serious Sex Offenders) Act 2006" from section 235G (2) (b). 19
Insert instead "Crimes (High Risk Offenders) Act 2006". 20
[6] Section 235G (6) (e) 21
Omit the paragraph. Insert instead: 22
(e) a person who is the subject of an extended supervision 23
order or interim supervision order under the Crimes (High 24
Risk Offenders) Act 2006. 25
[7] Section 271A 26
Insert after section 271: 27
271A Regulations relating to high risk violent offenders under the 28
Crimes (High Risk Offenders) Act 2006 29
(1) The regulations may provide for the preparation and 30
implementation of plans of management in respect of persons 31
who are high risk violent offenders, and the provision of services 32
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of other legislation Schedule 2
and programs in respect of those persons, by Corrective Services 1
NSW. 2
(2) The regulations may confer functions on the Review Council in 3
respect of high risk violent offenders. 4
(3) A person is a high risk violent offender if the person is the 5
subject of: 6
(a) a high risk violent offender extended supervision order 7
under the Crimes (High Risk Offenders) Act 2006, or 8
(b) a high risk violent offender continuing detention order 9
under that Act, or 10
(c) an interim supervision order made under section 10B of 11
that Act, or 12
(d) an interim detention order made under section 18B of that 13
Act. 14
2.7 Crimes (Administration of Sentences) Regulation 2008 15
[1] Clause 12 Placement of inmates 16
Omit "Crimes (Serious Sex Offenders) Act 2006" from clause 12 (1) (g). 17
Insert instead "Crimes (High Risk Offenders) Act 2006". 18
[2] Clause 21AA 19
Insert after clause 21: 20
21AA Case plans for high risk violent offenders 21
(1) This Division applies, with any necessary modifications, in 22
respect of high risk violent offenders who are not inmates in the 23
same way as it applies in respect of convicted inmates. 24
(2) For that purpose: 25
(a) a reference to an inmate includes a reference to a high risk 26
violent offender, and 27
(b) a reference to the sentencing court includes a reference to 28
the Supreme Court, and 29
(c) clause 13 (2) does not apply, and 30
(d) clause 16 applies as if the high risk violent offender were 31
a serious offender. 32
(3) In this clause, high risk violent offender has the meaning given 33
by section 271A of the Act. 34
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Schedule 2 Amendment of other legislation
[3] Clause 58A 1
Insert after clause 58: 2
58A High risk violent offenders 3
(1) This Division applies, with any necessary modifications, in 4
respect of high risk violent offenders who are not inmates in the 5
same way as it applies in respect of inmates. 6
(2) For that purpose, a reference to an inmate includes a reference to 7
a high risk violent offender. 8
(3) In this clause, high risk violent offender has the meaning given 9
by section 271A of the Act. 10
2.8 Crimes (Appeal and Review) Act 2001 No 120 11
Section 89 Previously convicted persons eligible to apply for review of 12
conviction under this Division 13
Omit "Crimes (Serious Sex Offenders) Act 2006" from section 89 (5) (b). 14
Insert instead "Crimes (High Risk Offenders) Act 2006". 15
2.9 Crimes (Sentencing Procedure) Act 1999 No 92 16
[1] Section 24A Mandatory requirements for supervision and other 17
prohibitions to be disregarded in sentencing 18
Omit "or the Crimes (Serious Sex Offenders) Act 2006" from 19
section 24A (1) (b). 20
[2] Section 24A (1) (d) 21
Insert at the end of section 24A (1) (c): 22
, or 23
(d) has or may become the subject of an order under the 24
Crimes (High Risk Offenders) Act 2006 (whether as a high 25
risk sex offender or as a high risk violent offender). 26
2.10 Jury Act 1977 No 18 27
Schedule 1 Persons excluded from jury service (as substituted by the 28
Jury Amendment Act 2010) 29
Omit "Crimes (Serious Sex Offenders) Act 2006" from clause 4 (1) (c). 30
Insert instead "Crimes (High Risk Offenders) Act 2006". 31
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Crimes (Serious Sex Offenders) Amendment Bill 2013
Amendment of other legislation Schedule 2
2.11 Jury Amendment Act 2010 No 55 1
Schedule 1 Amendment of Jury Act 1977 No 18 2
Omit "Crimes (Serious Sex Offenders) Act 2006" from Schedule 1 [22] 3
(proposed clause 4 (1) (c)). 4
Insert instead "Crimes (High Risk Offenders) Act 2006". 5
Page 23
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