Northern Territory Explanatory Statements

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CORRECTIONAL SERVICES (RELATED AND CONSEQUENTIAL AMENDMENTS) BILL 2014

10
2014

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR CORRECTIONAL SERVICES

Correctional Services
(Related and Consequential Amendments) Bill 2014

SERIAL NO. 83

EXPLANATORY STATEMENT



GENERAL OUTLINE

This Bill makes related and consequential amendments to a number of Acts and Regulations that are associated with the Correctional Services Bill 2014. The amendments are necessary to ensure terminology, powers, functions and references across the statute book of the Northern Territory are consistent with the Correctional Services Bill 2014 and are clarified in the relevant Acts and Regulations, where necessary.

NOTES ON CLAUSES

Part 1 Preliminary matters


This is a formal clause which provides for the citation of the Bill. The Act may be cited as the Correctional Services (Related and Consequential Amendments) Act 2014.
This clause states that the Act will commence on the day fixed by the Administrator by Gazette notice.

Part 2 Amendment of Criminal Records (Spent Convictions) Act


This Part amends the Criminal Records (Spent Convictions) Act.

This clause amends the Act by removing references to obsolete terminology, namely supervising officer, surveillance officer and prison.

The supervising and surveillance officer roles are replaced by probation and parole officers and a ‘prison’ is defined in the Correctional Services Bill as a custodial correctional facility This clause removes reference to prison officer, parole officer, probation officer, supervising officer or surveillance officer. The terms used are inconsistent with the Correctional Services Bill and a specific provision, refer clause 6 below, has been inserted to capture the new terminology.

This clause provides that sections 11 and 13 of that Act do not apply to a spent record of a person who has made an application to become a correctional services officer, a public sector employee in the Agency administering the Correctional Services Bill, an official visitor or a volunteer under the Correctional Services Bill.

Part 3 Amendment to the Cross-border Justice Regulations

This part amends the Cross-border Justice Regulations.

This clause clarifies that an ‘officer in charge’ is the General Manager of a correctional centre as defined in clause 10 of the Correctional Services Bill 2014.

This clause inserts regulations 14A, 14B and 14C.

Regulation 14A notes that regulations 14B and 14C modify definitions in the Correctional Services Bill concerning probation and parole officer and committal or remand in to the custody of the Commissioner.

This clause repeals Part 3 Division 12 of the Cross-border Justice Regulations. This Division relates to the Prisons (Correctional Services) Act and will be obsolete on commencement of the Correctional Services Bill 2014.

This clause prescribes and modifies a number of definitions that are applicable to the Cross-border Justice Regulations only. Regulation 51 relates to definitions that are contained within in Sentencing Act.

This clause prescribes and modifies a number of definitions that are applicable to the Cross-border Justice Regulations only. Regulation 62 relates to interpretation provisions within the Youth Justice Act.

This clause updates a definition that is applicable to the Cross-border Justice Regulations only. Regulation 63 relates to a definition within the Youth Justice Act.

Part 4 Amendment of Justices Act

This Part amends the Justices Act.
This clause amends the Act by omitting the terms gaol and keeper of a gaol. These terms are not used in the Correctional Services Bill.
This clause amends the Act by specifying that a Justice can commit the defendant, by warrant, to the custody of the Commissioner of Correctional Services.
This clause amends the Act by specifying that a warrant commits the defendant into the custody of the Commissioner rather than a specific custodial correctional facility.
This clause amends the Act to specify that a Justice, in prescribed circumstances, commits the defendant to the custody of the Commissioner rather than a specific custodial correctional facility.
This clause replaces the current section 119 and states that when a witness refuses to enter into, or recognise a recognisance under section 117 of the Act, the Justice conducting the preliminary examination may, by warrant, commit the witness into to the custody of the Commissioner rather than a specific custodial correctional facility.

The clause also specifies when such a witness may be released from custody and notes that the Commissioner must comply with an order for release.


This clause amends the Act by specifying that the person named in the warrant is committed to the custody of the Commissioner rather than a specific custodial correctional facility.
This clause replaces the current section 151 and specifies that the warrant of commitment commits the person named in the warrant to the custody of the Commissioner of Correctional Services.
This clause replaces the current section 155 and specifies that the Judge or Justice who committed a person into the custody of the Commissioner, or any other Justice, may direct the Commissioner to convey the person to a place for the purpose of being present at the taking of a statement.

The Judge or Justice who committed the person into custody may, by written notice, direct the Commissioner to convey the person to a location for the purpose of being present when the statement is taken and the Commissioner must comply with the notice and must pay all relevant expenses.


This clause inserts a schedule, Schedule 1, which makes minor consequential amendments to the Justices Act to ensure uniformity of terminology and to make minor drafting amendments.

Part 5 Amendment of Parole of Prisoners Act

This Part amends the Parole of Prisoners Act.
This clause amends the title of the Act by omitting the words ‘of Prisoners’. The Act will therefore be titled, the Parole Act.

This clause removes the statutory appointment of parole officers under this Act. The role of a parole officer is replaced by a probation and parole officer appointed under the Correctional Services Bill. The termination process for a parole officer is also repealed.
This clause inserts a schedule, Schedule 2, which makes minor consequential amendments to the Parole of Prisoners Act to ensure uniformity of terminology and to make minor drafting amendments.

Part 6 Amendment of Police Administration Act

This Part amends the Police Administration Act.
This clause inserts a new section and authorises correctional officers to assist a police officers to exercise the powers under Part VII, Division 6 of the Act.
The purpose of this clause is to allow a police officer to request the assistance of a correctional officer to assist with the management of a person in order to bring the detained person before a court or magistrate.

For the purpose of providing this assistance the correctional officer may exercise the powers of a member of the police force. This clause will allow a correctional officer to assist in bringing the detained person before a court.

This clause makes minor consequential amendments to section 144 of the
Police Administration Act to ensure uniformity of terminology.

Part 7 Amendment of Prisons (Arbitral Tribunal) Act


This Part amends the Prisons (Arbitral Tribunal) Act.
This clause amends the long title of the Act to ensure uniformity of terminology.

This clause amends the title of the Act by removing the wording ‘Prisons (Arbitral Tribunal)’ and inserting the words ‘Correctional Officers Arbitral Tribunal’.

The Act will therefore be titled the Correctional Officers Arbitral Tribunal Act.

This clause inserts a schedule, Schedule 3, which makes minor consequential amendments to the Prisons (Arbitral Tribunal) Act to ensure uniformity of terminology and to make minor drafting amendments.

PART 8 AMENDMENT OF SENTENCING ACT
The Act amended in this Part is the Sentencing Act.

This clause inserts a new section into the Sentencing Act. The section clarifies how the court is to deal with a sentence of imprisonment imposed on an inmate for escaping lawful custody.

The sentence for the offence is to be served at the end of all other sentences the inmate is liable to serve, or, if the inmate is serving a sentence containing a
non-parole period, the non-parole period is extended by the term of imprisonment handed down for the escape from lawful custody.

If the offence is serving a life sentence, a non-parole period has not been fixed but parole has been granted, the escape sentence must be served before the parole order takes effect.


This clause amends the Act by removing superfluous wording and inserts a new subclause 63(3). Subclause 63(3) notes that where an offender is subject to an order made under section 23 of the Mental Health Act, as in force prior to commencement of the Mental Health and Related Services Act, the time the offender has spent subject to the order counts are time served under the sentence.
This clause inserts a new section into the Sentencing Act and will assist in the interpretation of clauses 9(1) and 9(2) of the Correctional Services Bill 2014. The clause defines ‘absence period’, ‘lawful absence period’ and ‘unlawful absence period’.

The section notes that the period for which an inmate is unlawfully absent from a custodial correctional facility does not count as time served towards the term of imprisonment.


This clause inserts a schedule, Schedule 4, which makes minor consequential amendments to the Sentencing Act to ensure uniformity of terminology and to make minor drafting amendments.

PART 9 AMENDMENT OF SHERIFF ACT

This Part amends the Sheriff Act.

This clause makes minor consequential amendments to ensure uniformity of terminology with the Correctional Services Bill 2014.
This clause clarifies that the sheriff may detain a person in his or her custody in a custodial correctional facility subject to the arrangement made with the Commissioner of Correctional Services under section 12A of the Sheriff Act (see below).

The clause provides for the sheriff to make arrangements with the Commissioner of Correctional Services that are necessary and appropriate for accommodating persons in custody of the sheriff at custodial correctional facilities.

This clause makes minor consequential amendments to ensure uniformity of terminology within the heading and the section.

This clause makes minor consequential amendments to ensure uniformity of terminology. It clarifies that persons in the custody of the sheriff are not inmates as defined under the Correctional Services Bill 2014.

This clause makes minor consequential amendments to ensure uniformity of terminology.

PART 10 AMENDMENT OF YOUTH JUSTICE ACT

This Part amends the Youth Justice Act.
This clause amends the heading for Part 1 Division 3 and omits sections 10 and 11. This clause inserts a new section 10 to ensure uniformity of terminology.

This clause omits the current section 154 and replaces it with a section that provides the superintendent of a detention centre with the power to request that the Commissioner accommodate some or all of the detainees at a custodial correctional facility for a maximum period of 72 hours, if the superintendent considers it necessary to accommodate a detainee or a number of detainees at a custodial correctional facility.

If necessary, the superintendent can apply to a magistrate for an order to extend the maximum period to 10 days. The detainees are to be dealt with as detainees under the Youth Justice Act and must be housed separately from inmates.

This clause expands on the existing section 154 which only allows for the transfer of an inmate to a correctional centre if an emergency situation exists or if there is threat of harm to another person.


This clause makes minor consequential amendments to ensure uniformity of terminology.


Section 157A will allow the superintendent of a detention centre to request assistance from the Commissioner or the General Manager of a custodial correctional facility or the Commissioner of Police if he or she is satisfied that an emergency situation exists or is likely to arise, for example, detainees are engaged in riotous behaviour in a centre.

The recipient of the request may arrange for correctional officers or police officers to assist the superintendent in dealing with the situation. The officers are taken to have the superintendent’s powers and functions under section 151(3)(c) of the
Youth Justice Act.

Section 157B will allow the superintendent of a detention centre to request operational assistance from the Commissioner. The intention of this clause is to enable correctional officers to assist detention centre staff when, for example, the superintendent requires assistance in transporting a detainee to or from a detention centre.

This clause expands the existing provision to state that a superintendent of a detention centre or a member of the staff of the centre may exercise the powers of a police officer to arrest and take into custody a detainee who has escaped, or is otherwise unlawfully absent, from a detention centre.
This clause requires the arresting officer to take the detainee, or arrange for the detainee to be taken, back to a detention centre or another appropriate place which may include a hospital if the detainee is injured or a police station if it is impracticable to escort immediately to a detention centre.
This clause ensures consistency with terminology used in the Correctional Services Act.

This clause provides that only the Commissioner or person authorised by the Minister may commence proceedings for an offence against the Youth Justice Act.

The clause provides for a 6 month time limit for bringing criminal proceedings for offences against the Act, commencing from the date the offence was committed, or the date the offence came to the Commissioner’s knowledge.

This clause amends the Act by specifying that civil proceedings must commence not more than 6 months after the act or omission occurred.

This clause will be consistent with the comparable provision in the Correctional Services Bill.


This clause inserts a schedule, Schedule 5, which makes minor consequential amendments to the Youth Justice Act to ensure uniformity of terminology and to make minor drafting amendments.

PART 11 AMENDMENT OF OTHER LAWS

This clause inserts a schedule, Schedule 6, which makes minor consequential amendments to a range of Acts and Regulations affected by the Correctional Services Bill to ensure uniformity and consistency of terminology.

PART 12 EXPIRY OF ACT

This clause states that this Act expires on the day after it commences.

SCHEDULE 1 JUSTICES ACT FURTHER AMENDED

Schedule 1 makes minor consequential amendments to the Justices Act to ensure uniformity of terminology with the Correctional Services Bill and to make minor drafting amendments.

SCHEDULE 2 PAROLE OF PRISONERS ACT FURTHER AMENDED

Schedule 2 makes minor consequential amendments to the Parole of Prisoners Act to ensure uniformity of terminology with the Correctional Services Bill and to make minor drafting amendments.

SCHEDULE 3 PRISONS (ARBITRAL TRIBUNAL) ACT FURTHER AMENDED

Schedule 3 makes minor consequential amendments to the Prisons (Arbitral Tribunal) Act to ensure uniformity of terminology with the Correctional Services Bill and to make minor drafting amendments.

SCHEDULE 4 SENTENCING ACT FURTHER AMENDED

Schedule 4 makes minor consequential amendments to the Sentencing Act to ensure uniformity of terminology with the Correctional Services Bill and to make minor drafting amendments.

SCHEDULE 5 YOUTH JUSTICES ACT FURTHER AMENDED

Schedule 5 makes minor consequential amendments to the Youth Justices Act to ensure uniformity of terminology with the Correctional Services Bill and to make minor drafting amendments.

SCHEDULE 6 OTHER LAWS AMENDED

Schedule 6 makes minor consequential amendments to the Absconding Debtors Act, Associations Act, Bail Act, Births, Deaths and Marriages Registration Act, Care and Protection of Children Act, Child Protection (Offender Reporting and Registration) Act, Child Protection (Offender Reporting and Registration) Regulations, Constitutional Convention (Election) Act, Co-operatives Act, Co-operatives Regulations, Coroners Act, Criminal Code, Cross-border Justice Act, Electoral Act, Fines and Penalties (Recovery) Act, Fines and Penalties (Recovery) Regulations, Firearms Act, Information Act, Interpretation Act, Juries Act, Kava Management Act, Legal Profession Act, Liquor Regulations, Local Government (Electoral) Regulations, Medicines, Poisons and Therapeutic Goods Act, Mental Health and Related Services Act, Misuse of Drugs Act, Motor Vehicles Act, Ombudsman Act, Parole Orders (Transfer) Act, Prisoners (Interstate Transfer) Act, Prisoners (Interstate Transfer) Regulations, Public Sector Employment and Management Regulations, Sentencing Regulations, Serious Crime Control Regulations, Serious Sex Offenders Act, Sheriff Regulations, Surveillance Devices Regulations, Terrorism (Emergency Powers) Act, Victims of Crime Rights and Services Act, Weapons Control Act, Work Health and Safety (National Uniform Legislation) Act and Youth Justice Regulations.

The amendments ensure uniformity of terminology with the Correctional Services Bill 2014 and make minor drafting amendments as required.

 

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