South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"bond" means an agreement (not being a bail agreement) entered into pursuant
to the sentence of a court under which the defendant undertakes to the Crown
to comply with the conditions of the agreement (see Part 4
Division 2);
"CE" means the chief executive of the administrative unit of the Public
Service that is responsible for assisting a Minister in the administration of
the Correctional Services Act 1982 ;
"close personal relationship" means the relationship between 2 adult
persons (whether or not related by family and irrespective of their sex or
gender identity) who live together as a couple on a genuine domestic basis,
but does not include—
(a) the
relationship between a legally married couple; or
(b) a
relationship where 1 of the persons provides the other with domestic support
or personal care (or both) for fee or reward, or on behalf of some other
person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether
or not a sexual relationship exists, or has ever existed, between them.
"cognitive impairment" includes—
(a) a
developmental disability (including, for example, an intellectual disability,
Down syndrome, cerebral palsy or an autistic spectrum disorder); and
(b) an
acquired disability as a result of illness or injury (including, for example,
dementia, a traumatic brain injury or a neurological disorder); and
(c) a
mental illness;
"community based custodial sentence"—see Part 3 Division 7;
"community corrections officer" means an officer or employee of the
administrative unit of the Public Service that is responsible for assisting a
Minister in the administration of the Correctional Services Act 1982
whose duties include the supervision of offenders in the community;
"conditional release" means conditional release from a training centre;
"consumption" of a drug includes—
(a)
injection of the drug (either by the person to whom the drug is administered
or someone else); and
(b)
inhalation of the drug; and
(c) any
other means of introducing the drug into the body;
"court"—
(a)
means a court of criminal jurisdiction; and
(b) in
relation to the exercise of powers under this Act with respect to the
variation, revocation or enforcement of an order of a court or other related
matters, means the court that made the order or a court of coordinate
jurisdiction;
"domestic partner"—a person is the domestic partner of another if the
person lives with the other in a close personal relationship;
"DPP" means the Director of Public Prosecutions;
"drug" means alcohol or any other substance that is capable (either alone or
in combination with other substances) of influencing mental functioning;
"home detention officer" means a home detention officer appointed by the
Minister for Correctional Services under Part 4 Division 6A of the
Correctional Services Act 1982 ;
"home detention condition"—see section 72;
"home detention order"—see section 71;
"injury", in relation to an offence, includes pregnancy, mental injury, shock,
fear, grief, distress or embarrassment resulting from the offence;
"intensive correction condition"—see section 82;
"intensive correction order"—see section 81;
"intervention program" means a program that provides—
(a)
supervised treatment; or
(b)
supervised rehabilitation; or
(c)
supervised behaviour management; or
(d)
supervised access to support services; or
(e) a
combination of any 1 or more of the above,
designed to address behavioural problems (including problem gambling),
substance abuse or cognitive impairment;
"intervention program manager" means—
(a) for
the purposes of sections 29 and 30—a person employed by the South
Australian Courts Administration Authority (including a delegate of such a
person) to have general oversight of intervention programs referred to in
those sections and to coordinate the implementation of relevant court orders
under those sections; or
(b) for
the purposes of this Act (other than sections 29 and 30)—a person
employed in the administrative unit of the Public Service that is responsible
for assisting a Minister in the administration of the
Correctional Services Act 1982 (including a delegate of such a person) to
have general oversight of intervention programs and coordinate the
implementation of relevant court orders;
"Minister for Correctional Services" means the Minister responsible for the
administration of the Correctional Services Act 1982 ;
"Minister for Youth Justice" means the Minister responsible for the
administration of the Youth Justice Administration Act 2016 ;
"Parole Board" means the Parole Board of South Australia established under the
Correctional Services Act 1982 ;
"pecuniary sum" means—
(a) a
fine; or
(b)
compensation; or
(c)
costs; or
(d) a
sum payable under a bond or to a guarantee ancillary to a bond; or
(e) any
other amount payable under an order or direction of a court,
and includes a VIC levy;
"primary purpose"—the primary purpose for sentencing a defendant for an
offence is as set out in section 3;
"prisoner"—a reference to a "prisoner" includes, where the context so
requires, a reference to a person serving a sentence—
(a) on
home detention subject to a home detention order; or
(b) in
the community subject to an intensive correction order;
"probationer" means a defendant who has entered into a bond under Part 4;
"probative court" means—
(a) in
the case of a bond entered into pursuant to an order of an appellate court on
an appeal against sentence—the court that imposed that sentence; or
(b) in
any other case—the court that made the order pursuant to which the
defendant entered into the bond;
"recreational use" of a drug—consumption of a drug is to be regarded as
recreational use of the drug unless—
(a) the
drug is administered against the will, or without the knowledge, of the person
who consumes it; or
(b) the
consumption occurs accidentally; or
(c) the
person who consumes the drug does so under duress, or as a result of fraud or
reasonable mistake; or
(d) the
consumption is therapeutic;
"residence" includes, if the defendant is an Aboriginal or Torres Strait
Islander person, any place specified by the court as the person's residence;
"secondary purposes"—the secondary purposes for sentencing a defendant
for an offence are as set out in section 4;
"self-induced"—see subsections (2) and (3);
"sentence" means—
(a) the
imposition of a penalty; or
(b) the
decision of a court to offer a defendant an opportunity to enter into a bond;
or
(c) the
fixing, extending or negating of a non-parole period; or
(d) the
making of any other order or direction affecting penalty, including the
decision of a court to discharge a defendant—
(i)
without imposing a penalty; or
(ii)
without recording a conviction;
"sentence of indeterminate duration" means detention in custody until further
order (and see Part 3 Division 5);
"spouse"—a person is the spouse of another if they are legally married;
"therapeutic"—the consumption of a drug is to be regarded as therapeutic
if—
(a) the
drug is prescribed by, and consumed in accordance with the directions of, a
medical practitioner; or
(b) the
drug—
(i)
is a drug of a kind available, without prescription, from
registered pharmacists; and
(ii)
is consumed for a purpose recommended by the manufacturer
and in accordance with the manufacturer's instructions;
"VIC levy" means a levy imposed under the Victims of Crime Act 2001 or a
corresponding previous law;
"working day" means any day other than a Saturday, Sunday or public holiday;
"youth" has the same meaning as in the Young Offenders Act 1993 ;
"Youth Court" means the Youth Court of South Australia .
(2) Intoxication
resulting from the recreational use of a drug is to be regarded as
self-induced.
(3) If a person
becomes intoxicated as a result of the combined effect of the therapeutic
consumption of a drug and the recreational use of the same or another drug,
the intoxication is to be regarded as self-induced even though in part
attributable to therapeutic consumption.
(4) For the purposes
of this Act—
(a) a
VIC levy imposed on a person will be taken to have been imposed by order of
the court that found the person guilty of the offence that gave rise to the
levy; and
(b) a
person who pleads guilty to a charge of an offence will be taken to have been
found guilty of the offence unless—
(i)
the plea is subsequently withdrawn; or
(ii)
the person is adjudged incompetent to have made the plea.