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FACT SHEET
INTERSTATE TRANSFERS (MISCELLANEOUS
AMENDMENTS) BILL 2013
This Bill seeks to make amendment to three existing Acts, the Interstate
Transfer (Community-based Sentences) Act 2009, the Parole Orders
(Transfer) Act 1983 and the Prisoners (Interstate Transfers) Act 1982.
These Acts are all model legislation, and the amendments to them are
model amendments drafted in New South Wales and endorsed
nationally by the Corrective Service Ministers Conference (CSMC) and
the Standing Council for Law and Justice (SCLJ).
The Bill is primarily concerned with an interstate travel permit system
for temporary travel of people subject to a community based sentence
(community service order) and parolees. The opportunity was also
taken to tidy up a few mechanical and anomalous sections in all three
Acts.
The amendments amend the Interstate Transfer (Community-based
Sentences) Act 2009 to enable the oversight of community-based
sentences of one jurisdiction in another jurisdiction while offenders are
temporarily interstate, and also to clarify the penalties that apply where
an offender breaches the conditions of a community based sentence
following an interstate transfer.
The Bill also amends the Parole Orders (Transfer) Act 1983 to establish a
system under which a parolee can be issued with an interstate travel
permit and allow the parole authority to issue a warrant for their arrest
if the interstate travel permit is no longer in force or if its conditions are
breached and to make other minor changes.
These amendments will provide the opportunity for convicted offenders
to travel temporarily to and from Australian jurisdictions whilst still
being subject to orders of the Court or Parole Board.
The Prisoners (Interstate Transfers) Act 1982 is amended to allow flexibility
in transfer locations where the jurisdictions involved deem it suitable.