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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sentence Administration (Interstate Transfer of
Community Based Sentences) Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Purpose of Act 2
4. Application of the Act 2
5. Terms used 2
6. Notes 3
Part 2 -- Key concepts for Act
7. Community based sentences 4
8. Jurisdictions and participating jurisdictions 4
9. Local and interstate sentences 4
10. Corresponding law 5
11. Interstate authorities 5
Part 3 -- Administration
12. Chief executive officer is local authority 6
13. Delegation by local authority 6
14. Local register 6
Part 4 -- Registration of interstate
sentences in this jurisdiction
15. Request for transfer of interstate sentence 7
16. Form of request for registration 7
17. Request for additional information 9
18. Withdrawal of offender's consent 9
19. Registration criteria 9
20. Decision on request 10
030--1 page i
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Contents
21. Preconditions for registration 11
22. How interstate sentence registered 11
23. Notice of registration 12
24. Effect of registration generally 12
Part 5 -- Registration of local
sentences in
interstate jurisdictions
25. Request for transfer of local sentence 15
26. Response to request for additional information 15
27. Effect of interstate registration 15
Part 6 -- Miscellaneous
28. Inaccurate information about local sentence
registered interstate 16
29. Dispute about accuracy of information in interstate
register 16
30. Evidence of registration and registered particulars 17
31. Regulations 18
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Sentence Administration (Interstate Transfer of
Community Based Sentences) Bill 2009
A Bill for
An Act relating to the interstate transfer of community based orders,
and for other purposes.
The Parliament of Western Australia enacts as follows:
page 1
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Sentence Administration (Interstate Transfer of
4 Community Based Sentences) Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
11 3. Purpose of Act
12 The purpose of this Act is to allow community based sentences
13 imposed in participating jurisdictions to be transferred, by
14 registration, between participating jurisdictions.
15 4. Application of the Act
16 (1) This Act applies only to community based sentences imposed
17 by courts on adults, or persons to which the Young Offenders
18 Act 1994 section 50A applies, convicted or found guilty of
19 offences.
20 (2) This Act does not apply to --
21 (a) a parole order; or
22 (b) a sentence to the extent that it imposes a fine or other
23 financial penalty (however described); or
24 (c) a sentence to the extent that it requires the making of
25 reparation (however described).
26 5. Terms used
27 In this Act, unless the contrary intention appears --
28 community based sentence has the meaning given in section 7;
page 2
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Preliminary Part 1
s. 6
1 corresponding law has the meaning given in section 10;
2 Department means the department principally assisting the
3 Minister in the administration of this Act;
4 interstate authority has the meaning given in section 11;
5 interstate jurisdiction has the meaning given in section 8(4);
6 interstate sentence has the meaning given in section 9(2);
7 jurisdiction has the meaning given in section 8(1);
8 local authority has the meaning given in section 12;
9 local register has the meaning given in section 14;
10 local sentence has the meaning given in section 9(1);
11 offender, in relation to a community based sentence, means the
12 person on whom the sentence was imposed;
13 originating jurisdiction, for a community based sentence,
14 means the jurisdiction where the sentence was originally
15 imposed;
16 participating jurisdiction has the meaning given in section 8(3);
17 sentence means an order, decision or other sentence (however
18 described), and includes part of a sentence;
19 serve a sentence, includes --
20 (a) to comply with or satisfy the sentence; or
21 (b) to do anything else in accordance with the sentence;
22 this jurisdiction has the meaning given in section 8(2).
23 6. Notes
24 Notes included in this Act do not form part of this Act.
page 3
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 2 Key concepts for Act
s. 7
1 Part 2 -- Key concepts for Act
2 7. Community based sentences
3 A community based sentence is --
4 (a) for this jurisdiction, any of the following --
5 (i) a community based order made under the
6 Sentencing Act 1995 Part 9;
7 (ii) an intensive supervision order made under the
8 Sentencing Act 1995 Part 10;
9 (iii) a conditional suspended imprisonment order
10 made under the Sentencing Act 1995 Part 12
11 Division 1;
12 (b) for an interstate jurisdiction -- a sentence that is a
13 community based sentence under the corresponding law
14 of the jurisdiction.
15 8. Jurisdictions and participating jurisdictions
16 (1) A jurisdiction means a State or Territory of the Commonwealth.
17 (2) This jurisdiction means Western Australia.
18 (3) A participating jurisdiction is this jurisdiction or a State or a
19 Territory declared by the regulations to be a participating
20 jurisdiction.
21 (4) An interstate jurisdiction is a participating jurisdiction other
22 than this jurisdiction.
23 9. Local and interstate sentences
24 (1) A local sentence is a community based sentence in force in this
25 jurisdiction.
26 Note: For the effect of interstate registration of a local sentence, see
27 section 27.
page 4
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Key concepts for Act Part 2
s. 10
1 (2) An interstate sentence is a community based sentence in force
2 in an interstate jurisdiction.
3 Note: For the effect of registration in this jurisdiction of an interstate
4 sentence, see section 24.
5 10. Corresponding law
6 A corresponding law is --
7 (a) a law of an interstate jurisdiction corresponding, or
8 substantially corresponding, to this Act; or
9 (b) a law of an interstate jurisdiction that is declared by the
10 regulations to be a corresponding law, whether or not
11 the law corresponds, or substantially corresponds, to
12 this Act.
13 11. Interstate authorities
14 The interstate authority for an interstate jurisdiction is the
15 entity that is the local authority for the jurisdiction under the
16 corresponding law of the jurisdiction.
17 Note: The local authority for Western Australia is the chief executive officer of
18 the Department, see section 12.
page 5
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 3 Administration
s. 12
1 Part 3 -- Administration
2 12. Chief executive officer is local authority
3 The local authority for this jurisdiction is the chief executive
4 officer of the Department.
5 13. Delegation by local authority
6 The local authority may delegate the exercise of any of the
7 authority's functions under another provision of this Act to a
8 public service officer employed in the Department.
9 14. Local register
10 (1) The local authority must keep a register (the local register) of
11 interstate sentences registered under this Act.
12 (2) The local authority may correct a mistake or omission in the
13 local register.
page 6
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Registration of interstate sentences in this jurisdiction Part 4
s. 15
1 Part 4 -- Registration of interstate sentences in
2 this jurisdiction
3 15. Request for transfer of interstate sentence
4 The local authority may register an interstate sentence in this
5 jurisdiction at the request of the interstate authority for the
6 interstate jurisdiction in which the sentence is in force.
7 16. Form of request for registration
8 (1) The local authority must consider the request if the request --
9 (a) is in writing; and
10 (b) states the following particulars --
11 (i) the offender's name;
12 (ii) the offender's date of birth;
13 (iii) the offender's last-known address;
14 (iv) any other particulars required by the local
15 authority;
16 and
17 (c) is accompanied by the documents mentioned in
18 subsection (2).
19 (2) The documents to accompany the request are as follows --
20 (a) a copy of the interstate sentence certified by the
21 interstate authority;
22 (b) a copy of the offender's consent for the registration of
23 the sentence in this jurisdiction;
24 (c) a copy of any relevant pre-sentence report about the
25 offender held by the interstate jurisdiction in relation to
26 any offence committed by the offender for which the
27 offender is subject to a sentence;
28 (d) a copy of any relevant psychological or other assessment
29 of the offender held by the interstate authority;
page 7
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 4 Registration of interstate sentences in this jurisdiction
s. 16
1 (e) details held by the interstate jurisdiction of --
2 (i) the offender's criminal record (whether in or
3 outside Australia); and
4 (ii) the offender's compliance with the interstate
5 sentence and any other relevant non-custodial
6 sentence;
7 (f) a statement by the interstate authority explaining what
8 part of the sentence has been served in the interstate
9 jurisdiction or any other interstate jurisdiction before the
10 making of the request;
11 (g) a statement by the interstate authority that the authority
12 has explained to the offender, in language likely to be
13 readily understood by the offender, that, if the sentence
14 is registered in this jurisdiction --
15 (i) the offender will be bound by the requirements
16 of the law of this jurisdiction in relation to the
17 sentence; and
18 (ii) a breach of the sentence may result in the
19 offender being re-sentenced in this jurisdiction
20 for the offence; and
21 (iii) the other consequences for a breach of the
22 sentence in this jurisdiction may be different
23 from the consequences for a breach of the
24 sentence in the interstate jurisdiction, and, in
25 particular, the penalties for breach of the
26 sentence may be different;
27 (h) a statement by the interstate authority that sets out the
28 reasons given by the offender for requesting to register
29 the interstate sentence in this jurisdiction;
30 (i) any other document required by the local authority.
31 (3) For the purposes of subsection (2)(c), the offender is subject to
32 a sentence if the sentence has not been fully served and has not
33 been discharged.
page 8
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Registration of interstate sentences in this jurisdiction Part 4
s. 17
1 (4) In considering the request, the local authority may take into
2 account any other information or other documents given to the
3 local authority by the interstate authority.
4 17. Request for additional information
5 The local authority may ask the interstate authority for
6 additional information about the interstate sentence or the
7 offender.
8 18. Withdrawal of offender's consent
9 The offender may withdraw consent to the registration of the
10 interstate sentence at any time before (but not after) its
11 registration by giving written notice to the local authority.
12 19. Registration criteria
13 (1) The registration criteria for the purposes of section 20 are
14 that --
15 (a) the offender has consented to the sentence being
16 registered in this jurisdiction and has not withdrawn the
17 consent; and
18 (b) there is a corresponding community based sentence
19 under the law of this jurisdiction; and
20 (c) the offender can comply with the sentence in this
21 jurisdiction; and
22 (d) the sentence can be safely, efficiently and effectively
23 administered in this jurisdiction.
24 (2) In this section, there is a corresponding community based
25 sentence under the law of this jurisdiction for the interstate
26 sentence if --
27 (a) a community based sentence under the law of this
28 jurisdiction corresponds, or substantially corresponds, to
29 the interstate sentence; or
30 (b) a community based sentence under the law of this
31 jurisdiction is declared by the regulations to correspond
page 9
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 4 Registration of interstate sentences in this jurisdiction
s. 20
1 to the interstate sentence, whether or not the sentence
2 corresponds, or substantially corresponds, to the
3 interstate sentence.
4 20. Decision on request
5 (1) The local authority may decide --
6 (a) to register the interstate sentence; or
7 (b) to register the sentence if the offender meets
8 preconditions imposed under section 21; or
9 (c) not to register the sentence.
10 (2) In deciding whether to register the interstate sentence, the local
11 authority must have regard to the registration criteria, but may
12 have regard to any matter prescribed by the regulations and any
13 other relevant matter.
14 (3) The local authority --
15 (a) may decide not to register the interstate sentence even if
16 satisfied the registration criteria are met; but
17 (b) must not decide to register the interstate sentence (with
18 or without preconditions) unless satisfied that the
19 registration criteria are met.
20 (4) The local authority may decide whether to register the interstate
21 sentence, or to impose any preconditions, on the information
22 and documents given to the authority under this Part, and any
23 other information or documents available to the authority,
24 without hearing the offender.
25 (5) To remove any doubt, the local authority may decide to register
26 the interstate sentence even if --
27 (a) the interstate jurisdiction is not the originating
28 jurisdiction for the sentence; or
29 (b) the sentence has previously been registered in this
30 jurisdiction or this jurisdiction is the originating
31 jurisdiction for the sentence; or
page 10
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Registration of interstate sentences in this jurisdiction Part 4
s. 21
1 (c) the authority has previously decided not to register the
2 sentence in this jurisdiction.
3 Note: For the effect of registration in this jurisdiction of an interstate
4 sentence, see section 24.
5 (6) If the local authority decides not to register the interstate
6 sentence, the authority must give written notice of the decision
7 to the offender and the interstate authority.
8 21. Preconditions for registration
9 (1) The local authority may impose preconditions for the
10 registration of the interstate sentence that the offender must
11 meet to show that the offender can comply, and is willing to
12 comply, with the sentence in this jurisdiction.
13 (2) Without limiting subsection (1), the local authority may impose
14 preconditions of the following kind --
15 (a) that the offender must satisfy the local authority before a
16 stated time that the offender is living in this jurisdiction;
17 (b) that the offender must report to a stated person in this
18 jurisdiction at a stated time and place (or another time
19 and place agreed between the local authority and the
20 offender).
21 (3) If the local authority decides to impose preconditions, the local
22 authority must give written notice of the decision and the
23 preconditions to the offender and the interstate authority.
24 (4) The local authority may, by written notice to the offender and
25 the interstate authority, amend or revoke any precondition.
26 22. How interstate sentence registered
27 (1) If the local authority decides to register the interstate sentence in
28 this jurisdiction without imposing preconditions for the
29 registration of the sentence, the local authority must register the
30 sentence by entering the required details in the local register.
page 11
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 4 Registration of interstate sentences in this jurisdiction
s. 23
1 (2) If the local authority decides to impose preconditions for the
2 registration of the interstate sentence, the local authority must
3 register the sentence by entering the required details in the local
4 register only if the authority is satisfied that the preconditions
5 have been met.
6 (3) In this section --
7 required details means the details of the offender and the
8 interstate sentence prescribed by the regulations.
9 23. Notice of registration
10 (1) If the local authority registers the interstate sentence in this
11 jurisdiction, the local authority must give written notice of the
12 registration to the offender and the interstate authority.
13 (2) The notice must state the date the sentence was registered.
14 24. Effect of registration generally
15 (1) If the interstate sentence is registered in this jurisdiction, the
16 following provisions apply --
17 (a) the sentence becomes a community based sentence in
18 force in this jurisdiction, and ceases to be a community
19 based sentence in force in the interstate jurisdiction;
20 (b) the sentence is taken to have been validly imposed by
21 the appropriate court of this jurisdiction;
22 (c) the sentence continues to apply to the offender in
23 accordance with its terms despite anything to the
24 contrary under the law of this jurisdiction;
25 (d) the offence (the relevant offence) for which the sentence
26 was imposed on the offender is taken to be an offence
27 against the law of this jurisdiction, and not an offence
28 against the law of the originating jurisdiction;
29 (e) the penalty for the relevant offence is taken to be the
30 relevant penalty for the offence under the law of the
31 originating jurisdiction, and not the penalty for an
page 12
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Registration of interstate sentences in this jurisdiction Part 4
s. 24
1 offence of that kind (if any) under the law of this
2 jurisdiction;
3 (f) any part of the sentence served in an interstate
4 jurisdiction before its registration is taken to have been
5 served in this jurisdiction;
6 (g) the offender may be dealt with in this jurisdiction for a
7 breach of the sentence, whether the breach happened
8 before, or happens after, the registration of the sentence;
9 (h) the law of this jurisdiction applies to the sentence and
10 any breach of it with the changes (if any) prescribed by
11 the regulations.
12 (2) Subsection (1)(d) and (e) do not apply if this jurisdiction is the
13 originating jurisdiction.
14 (3) This section does not affect any right, in the originating
15 jurisdiction, of appeal or review (however described) in relation
16 to --
17 (a) the conviction or finding of guilt on which the interstate
18 sentence was based; or
19 (b) the imposition of the interstate sentence.
20 (4) Any sentence or decision imposed or made on an appeal or
21 review mentioned in subsection (3) has effect in this jurisdiction
22 as if it were validly imposed or made on an appeal or review in
23 this jurisdiction.
24 (5) This section does not give any right to the offender to an appeal
25 or review (however described) in this jurisdiction in relation to
26 the conviction, finding of guilt or imposition of sentence
27 mentioned in subsection (3).
28 (6) In this section --
29 appropriate court, of this jurisdiction, means --
30 (a) if the interstate sentence was imposed by a court of
31 summary jurisdiction or by a court on appeal from a
page 13
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 4 Registration of interstate sentences in this jurisdiction
s. 24
1 court of summary jurisdiction -- the Magistrates Court;
2 and
3 (b) in any other case -- the Supreme Court.
page 14
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Registration of local sentences in interstate jurisdictions Part 5
s. 25
1 Part 5 -- Registration of local sentences in
2 interstate jurisdictions
3 25. Request for transfer of local sentence
4 The local authority may request the interstate authority for an
5 interstate jurisdiction to register a local sentence in the interstate
6 jurisdiction.
7 26. Response to request for additional information
8 The local authority may, at the request of the interstate authority
9 or on its own initiative, give the interstate authority any
10 additional information about the local sentence or the offender.
11 27. Effect of interstate registration
12 (1) If the local sentence is registered in the interstate jurisdiction,
13 the following provisions have effect --
14 (a) the sentence becomes a community based sentence in
15 force in the interstate jurisdiction, and ceases to be a
16 community based sentence in force in this jurisdiction;
17 (b) the offender may be dealt with in the interstate
18 jurisdiction for a breach of the sentence, whether the
19 breach happened before, or happens after, the
20 registration of the sentence;
21 (c) if the sentence is registered in the local register -- the
22 sentence ceases to be registered.
23 (2) If this jurisdiction is the originating jurisdiction for the local
24 sentence, this section does not affect any right of appeal or
25 review (however described) in relation to --
26 (a) the conviction or finding of guilt on which the sentence
27 was based; or
28 (b) the imposition of the sentence.
29 (3) To remove any doubt, this section does not prevent the local
30 sentence from later being registered in this jurisdiction.
page 15
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 6 Miscellaneous
s. 28
1 Part 6 -- Miscellaneous
2 28. Inaccurate information about local sentence registered
3 interstate
4 (1) This section applies if --
5 (a) a community based sentence that was a local sentence is
6 registered in an interstate jurisdiction; and
7 (b) the local authority becomes aware that information
8 about the sentence or the offender recorded in the
9 register kept under the corresponding law of the
10 interstate jurisdiction (the interstate register) is not, or is
11 no longer, accurate.
12 (2) The local authority must tell the interstate authority for the
13 interstate jurisdiction how the information in the interstate
14 register needs to be changed to be accurate.
15 (3) Without limiting subsection (2), the local authority must tell the
16 interstate authority about --
17 (a) any part of the sentence served in this jurisdiction
18 between the making of the request to register the
19 sentence in the interstate jurisdiction and its registration
20 in the interstate jurisdiction; or
21 (b) the outcome of any appeal or review in this jurisdiction
22 affecting the sentence.
23 29. Dispute about accuracy of information in interstate register
24 (1) This section applies if --
25 (a) a community based sentence that was a local sentence is
26 registered in an interstate jurisdiction; and
27 (b) the offender claims, in writing, to the interstate authority
28 for the interstate jurisdiction that the information
29 recorded about the sentence or the offender in the
30 register kept under the corresponding law of the
31 interstate jurisdiction (the interstate register) is not, or is
page 16
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Miscellaneous Part 6
s. 30
1 no longer, accurate, and states in the claim how the
2 information is inaccurate.
3 (2) The interstate authority may send the local authority --
4 (a) a copy of the claim; and
5 (b) an extract from the interstate register containing the
6 information that the offender claims is inaccurate.
7 (3) The local authority must check whether the information in the
8 extract is accurate, having regard to the offender's claims.
9 (4) If the local authority is satisfied that the information is accurate,
10 the local authority must tell the interstate authority.
11 (5) If the local authority is satisfied that the information is
12 inaccurate, the local authority must give the interstate authority
13 the correct information.
14 30. Evidence of registration and registered particulars
15 (1) A certificate that appears to be signed by or on behalf of the
16 local authority or the interstate authority for an interstate
17 jurisdiction, and states a matter that appears in or can be worked
18 out from the register kept under this Act or a corresponding law,
19 is evidence of the matter.
20 (2) A certificate under subsection (1) may state a matter by
21 reference to a date or period.
22 (3) A certificate that appears to be signed by or on behalf of the
23 local authority or the interstate authority for an interstate
24 jurisdiction, and states any matter prescribed by the regulations,
25 is evidence of the matter.
26 (4) A certificate that appears to be signed by or on behalf of the
27 local authority or the interstate authority for an interstate
28 jurisdiction and states any of the following details is evidence of
29 the matter --
30 (a) details of a community based sentence or the offender in
31 relation to a community based sentence;
page 17
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Part 6 Miscellaneous
s. 31
1 (b) details of any part of a community based sentence that
2 has or has not been served.
3 (5) A court must accept a certificate mentioned in this section as
4 proof of the matters stated in it if there is no evidence to the
5 contrary.
6 (6) A court must or may admit into evidence other documents
7 prescribed by the regulations in the circumstances prescribed by
8 the regulations.
9 31. Regulations
10 The Governor may make regulations prescribing all matters that
11 are required or permitted by this Act to be prescribed, or are
12 necessary or convenient to be prescribed for giving effect to the
13 purposes of this Act.
14
page 18
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2009
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
appropriate court ............................................................................................ 24(6)
community based sentence ...............................................................................5, 7
corresponding community based sentence under the law of this
jurisdiction ..................................................................................................... 19(2)
corresponding law...........................................................................................5, 10
Department............................................................................................................5
interstate authority ..........................................................................................5, 11
interstate jurisdiction.................................................................................... 5, 8(4)
interstate register................................................................................. 28(1), 29(1)
interstate sentence ........................................................................................ 5, 9(2)
jurisdiction ................................................................................................... 5, 8(1)
local authority .................................................................................................5, 12
local register............................................................................................... 5, 14(1)
local sentence............................................................................................... 5, 9(1)
offender.................................................................................................................5
originating jurisdiction..........................................................................................5
participating jurisdiction .............................................................................. 5, 8(3)
registration criteria ......................................................................................... 19(1)
relevant offence.............................................................................................. 24(1)
required details............................................................................................... 22(3)
sentence.................................................................................................................5
serve......................................................................................................................5
subject ............................................................................................................ 16(3)
this jurisdiction .....................................................................................................5
This jurisdiction ............................................................................................... 8(2)
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