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JUSTICE LEGISLATION AMENDMENT ACT 2008 (NO. 21 OF 2008) - SECT 17

New Division 4A inserted in Part 2

        After Division 4 of Part 2 of the Serious Sex Offenders Monitoring Act 2005 insert

" Division 4A—Interim extended supervision orders

        25A     Secretary may apply for interim extended supervision order

    (1)     The Secretary may apply to a court for an interim extended supervision order in respect of an offender who is the subject of—

        (a)     an application under section 5 for an extended supervision order; or

        (b)     an application under section 24 for renewal of an extended supervision order.

    (2)     An application under this section may be made at the time of making the application referred to in subsection (1)(a) or (b) or at any subsequent time before that application is determined, whether or not—

        (a)     in the case of an application referred to in subsection (1)(a), the offender has ceased to be an eligible offender because he or she is no longer serving a custodial sentence as required by section 4(1)(b); or

        (b)     in the case of an application referred to in subsection (1)(b), the extended supervision order has expired.

    (3)     An application under this section is to be made to the same court to which the application referred to in subsection (1)(a) or (b) was made.

    (4)     An application under this section may continue to be dealt with and determined by a court even if since it was made the offender has ceased to be an eligible offender because he or she is no longer serving a custodial sentence or the extended supervision order has expired.

    (5)     More than one application may be made under this section for an interim extended supervision order in respect of an offender.

        25B     Service of application and other documents on offender

As soon as practicable after making an application under section 25A, the Secretary must cause the following to be served on the offender

        (a)     a copy of the application;

        (b)     a notice in the prescribed form setting out the offender's rights in relation to, and the procedure for the hearing and determination of, the application.

        25C     Hearing of application

    (1)     Unless the court to which an application for an interim extended supervision order is made is satisfied that exceptional circumstances exist, the court may only begin to hear the application if satisfied that the offender has had a reasonable opportunity to obtain legal representation.

    (2)     A court may adjourn the hearing of an application to give the offender the opportunity to obtain legal representation.

    (3)     A court may resume a hearing that was adjourned by it in accordance with subsection (2) even though the offender is not legally represented if satisfied that he or she has had a reasonable opportunity to obtain legal representation.

        25D     When may a court make an interim extended supervision order?

    (1)     A court may only make an interim extended supervision order in respect of an offender if satisfied that—

        (a)     the Secretary has applied for an extended supervision order or renewal of an extended supervision order in respect of the offender; and
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        (b)     in the case of an application for an extended supervision order, the offender is no longer serving a sentence as required by section 4(1)(b) or will no longer be serving that sentence when that application is determined; and

        (c)     in the case of an application for renewal of an extended supervision order, the extended supervision order has expired or will have expired before that application can be determined; and

        (d)     the making of an interim extended supervision order is justified having regard to any matter that the court considers appropriate; and

        (e)     it is in the public interest to make an interim extended supervision order, having regard to—

              (i)     the main purpose of this Act as set out in section 1(1); and

              (ii)     the reasons why the application referred to in paragraph (a) was not, or will not be, determined before the expiry of the sentence referred to in section 4(1)(b) or the expiry of the extended supervision order (as the case requires).

    (2)     If the court makes an interim extended supervision order, the Secretary must cause a copy of the order to be given as soon as possible to the Adult Parole Board.

        25E     Interim extended supervision order

    (1)     An interim extended supervision order must state that the court making it is satisfied that the making of the order is justified and that it is in the public interest to make the order.

    (2)     An interim extended supervision order must also specify—

        (a)     the name of the offender in respect of whom the order is made; and

        (b)     the date on which the order is made; and

        (c)     the date on which the order commences as provided by section 25F; and

        (d)     the period of the order as provided by section 25G; and

        (e)     the conditions of the order as provided by section 25H.

    (3)     An interim extended supervision order must be signed by the judge comprising the court that made it and include his or her name.

        25F     Commencement of interim extended supervision order

    (1)     In the case of an interim extended supervision order made in relation to an application referred to in section 25A(1)(a)—

        (a)     if at the time of the making of the interim extended supervision order the offender is serving a custodial sentence, the order commences on the day on which he or she completes the service of any custodial sentence to which he or she was subject at that time; or

        (b)     if at the time of the making of the interim extended supervision order the offender is not serving a custodial sentence, the order commences on the commencement date specified in it.

    (2)     In the case of an interim extended supervision order made in relation to an application referred to in section 25A(1)(b), the interim extended supervision order takes effect—

        (a)     immediately on the expiry of the extended supervision order sought to be renewed, if that order is still in force at the time the interim supervision order is made; or

        (b)     on the commencement date specified in the interim extended supervision order if the order sought to be renewed has expired by the time the interim extended supervision order is made.

        25G     Duration of interim extended supervision order

    (1)     Subject to subsection (2) and section 25I, the period of an interim extended supervision order is the period determined by the court and specified in the order.

    (2)     The total period for which the offender may be made subject to an interim extended supervision order pending the determination of any one application referred to in section 25A(1)(a) or (b) cannot exceed 4 months, unless the court making or extending the order considers that exceptional circumstances exist.

        25H     Conditions of interim extended supervision order

        Sections 15, 16, 16A and 16B apply with respect to an interim extended supervision order as if a reference in those sections to an extended supervision order were a reference to an interim extended supervision order.

        25I     Expiry of interim extended supervision order

    (1)     An interim extended supervision order expires—

        (a)     at the end of its period of operation or that period as extended under section 25M; or

        (b)     on the determination of the application referred to in section 25A(1)(a) or (b) in relation to which the interim extended supervision order was made; or

        (c)     on the offender being taken into custody to undergo service of an indefinite sentence—

whichever occurs first.

    (2)     The Director of Public Prosecutions must ensure that the Secretary is notified as soon as practicable if an indefinite sentence is imposed on an offender who is subject to an interim extended supervision order.

    (3)     As soon as practicable after being notified under subsection (2), the Secretary must cause notice of the indefinite sentence and of its effect on the interim extended supervision order to be given to the Adult Parole Board.

    (4)     If an interim extended supervision order expires by force of subsection (1)(c), the Secretary must cause notice of that expiry, and of the effect of section 25J(1), to be served on the offender as soon as practicable.

    (5)     On the expiry of an interim extended supervision order, the offender ceases to be subject to the conditions of the order and to any instructions or directions given by the Secretary or the Adult Parole Board in relation to it under section 16.

        25J     Revival of interim extended supervision order

    (1)     If the sentence referred to in section 25I(1)(c) is subsequently quashed or set aside by a court, the interim extended supervision order is then revived and the period between then and the day on which the order expired by force of that section must be taken to have been a period of suspension arising by force of section 25K.

    (2)     The Director of Public Prosecutions must ensure that the Secretary is notified as soon as practicable if an indefinite sentence imposed on an offender who is subject to an interim extended supervision order is subsequently quashed or set aside by a court.

    (3)     As soon as practicable after being notified under subsection (2), the Secretary must cause notice of the quashing or setting aside of the indefinite sentence and of its effect on the interim extended supervision order to be given to the Adult Parole Board.

    (4)     If an interim extended supervision order is revived by force of subsection (1), the Secretary must cause notice of that revival, and of the date on which it was revived, to be served on the offender as soon as practicable.

        25K     Suspension of interim extended supervision order

    (1)     The operation of an interim extended supervision order is by force of this section suspended during any period when the offender

        (a)     is in the legal custody of the Secretary or the Chief Commissioner of Police as specified by Part 1A of the Corrections Act 1986 ; or

        (b)     is in custody as a forensic patient or forensic resident under a custodial supervision order; or

        (c)     is detained in an approved mental health service as a security patient under a hospital security order or a restricted hospital transfer order; or

        (d)     is detained in an approved mental health service as an involuntary patient under a restricted involuntary treatment order or a hospital transfer order.

    (2)     The operation of an interim extended supervision order recommences on it ceasing to be suspended by force of this section.

    (3)     Any period of suspension arising by force of this section does not count in calculating the period of the order still remaining.

    (4)     While the operation of an interim extended supervision order is suspended, the offender is not subject to the conditions of the order or to any instructions or directions given by the Secretary or the Adult Parole Board in relation to it under section 16.

        25L     Notice of suspension

    (1)     The Secretary must cause notice of an event referred to in section 25K(1)(a), and of the suspension of the interim extended supervision order because of that event, to be given to the Adult Parole Board as soon as practicable after the occurrence of the event.

    (2)     If the Secretary within the meaning of the Mental Health Act 1986 is or becomes aware that the person in relation to whom an event of a kind referred to in section 25K(1)(b), (c) or (d) has occurred is a person subject to an interim extended supervision order, he or she must cause notice of that event to be given to the Secretary as soon as practicable.

    (3)     As soon as practicable after being notified of an event under subsection (2), the Secretary must cause notice of that event, and of the suspension of the interim extended supervision order because of that event, to be given to the Adult Parole Board.

    (4)     If the operation of an interim extended supervision order is suspended by force of section 25K, the Secretary must cause notice of that suspension, and of the effect of section 25K(2), (3) and (4), to be served on the offender as soon as practicable.

    (5)     If the Secretary within the meaning of the Mental Health Act 1986 is or becomes aware that a person who has been, or is about to be, released from custody or detention of a kind referred to in section 25K(1)(b), (c) or (d) is a person subject to an interim extended supervision order, he or she must cause notice of that release or proposed release to be given to the Secretary as soon as practicable.

    (6)     If the operation of an interim extended supervision order is, or is about to be, recommenced by force of section 25K, the Secretary must cause notice of that fact, and of the date of the recommencement, to be given to the Adult Parole Board and served on the offender as soon as practicable.

        25M     Extension of interim extended supervision order

    (1)     At any time while an interim extended supervision order is in force, the Secretary may request the court that made the order to extend the order.

    (2)     A request under subsection (1) may be made—

        (a)     by application to the court; or

        (b)     by oral submission at a directions hearing under section 27.

    (3)     Section 25D (with any necessary modifications) applies to a request to extend an interim extended supervision order in the same way as it applies to an application under section 25A for an interim extended supervision order.

    (4)     An order extending an interim extended supervision order cannot be made if the interim extended supervision order has expired.
s. 17

    (5)     An order extending an interim extended supervision order may be made whether or not—

        (a)     if the interim extended supervision order is in relation to an application referred to in section 25A(1)(a), the offender has ceased to be an eligible offender because he or she is no longer serving a custodial sentence as required by section 4(1)(b); or

        (b)     if the interim extended supervision order is in relation to an application referred to in section 25A(1)(b), the extended supervision order has expired.

    (6)     Subject to sections 25G(2) and 25I, an interim extended supervision order may be extended for the period determined by the court and specified in the order extending the interim extended supervision order.

    (7)     An interim extended supervision order in respect of an offender may be extended under this section more than once.

Note

Section 25G(2) imposes a maximum period of 4 months for an interim extended supervision order, unless exceptional circumstances exist.

        25N     Order extending interim extended supervision order

    (1)     An order extending an interim extended supervision order must state that the court making it is satisfied that extending the interim extended supervision order is justified and that it is in the public interest to do so.

    (2)     An order extending an interim extended supervision order must also specify—

        (a)     the name of the offender in respect of whom the order is made; and

        (b)     the date on which the order is made; and

        (c)     the period for which the interim extended supervision order is extended.

    (3)     An order extending an interim extended supervision order must be signed by the judge comprising the court that made it and include his or her name.".



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