Correctional Services Legislation
Amendment Bill 2006

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to prohibit inmates who are serving sentences for serious indictable offences
or who are awaiting sentencing for such offences from providing their
reproductive material for use, or storage, for reproductive purposes at
hospitals and other places, and

(b) to require inmates who have had their reproductive material stored for
reproductive purposes to pay charges for the storage during any period during
which they are imprisoned.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendment to the Crimes
(Administration of Sentences) Act 1999 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendment to the Children
(Detention Centres) Act 1987 set out in Schedule 2.

Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Crimes (Administration
of Sentences) Act 1999
Schedule 1 inserts proposed section 72B into the Crimes (Administration of
Sentences) Act 1999.

Section 72B (1) defines expressions used in the proposed section. Serious indictable
offender is defined to cover inmates serving a sentence of imprisonment for a serious
indictable offence or awaiting sentencing for such an offence. A serious indictable
offence is an offence that may only be dealt with on indictment and includes offences
committed elsewhere than in New South Wales that, if committed in New South
Wales, would be serious indictable offences and various terrorism offences.

Examples of offences covered by the definition are offences such as murder, sexual
assault and kidnapping.

Section 72B (2) prevents the grant of leave of absence to a serious indictable
offender for the purpose of the offender providing reproductive material for use, or
storage, for reproductive purposes at any hospital or other place.

Section 72B (3) makes it an offence for a serious indictable offender to provide
reproductive material for use, or storage, for reproductive purposes at any hospital or
other place.

Section 72B (4) requires prisoners other than serious indictable offenders who have
their reproductive material stored for reproductive purposes at hospitals or other
places to pay a charge for storage of the material.

Section 72B (5) requires serious indictable offenders whose reproductive material
was stored for reproductive purposes before the commencement of the proposed
section to pay a charge for the storage of the material.

Schedule 2 Amendment of Children (Detention
Centres) Act 1987
Schedule 2 amends section 29 of the Children (Detention Centres) Act 1987 to apply
the new section to be inserted by Schedule 1 to persons subject to control within the
meaning of that Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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