2014
2014
2014-04-11
act
government
publicspecial
act.reprint
allinforce
2013-11-20
2013-11-20
0
2014-04-11
act-1987-015
2013
none
act-2014-006
343108ad-dd03-45de-98ba-af51af2e2dd8
c38b6a26-48f8-408b-8cd4-96a52b26c7e6
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 12.4.2014.
An Act to make miscellaneous amendments to the
Crimes (Administration of Sentences) Act
1999 and the regulations under that Act and related
amendments to the Fines Act
1996.
1Name of
Act
This Act is the Crimes (Administration of Sentences)
Amendment Act 2014.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Crimes (Administration of Sentences) Act 1999 No
93
[1]Section
7A
Insert after section 7:
7ADeductions from remuneration
earned by inmates on external work release program
(1)
Any remuneration earned by an inmate as a
participant in an external work release program is to be paid by the employer
to the Commissioner on behalf of the inmate.
(2)
The Commissioner may deduct from such
remuneration an amount, calculated in accordance with the directions of the
Minister, to contribute towards:
(a)
the costs of administering the external work
release program, and
(b)
travel fares and other expenses relating to the
inmate’s participation in the external work release program,
and
(c)
the costs of the inmate’s imprisonment
during the period in which such remuneration is
earned.
(3)
The Commissioner must cause a record to be kept
of remuneration received and deductions made under this
section.
(4)
In this section:
external
work release program means a program provided under this Act
which enables an eligible inmate to work in paid employment in the community
during the inmate’s sentence, in accordance with a local leave
permit.
[2]Section 10 Segregated custody
of inmates
Omit “the association of the inmate with
other inmates constitutes or is likely to constitute a threat to” from
section 10 (1).
Insert instead “such segregation is
necessary to secure”.
[3]Section 76A Inmates’
money
Insert “the Commissioner or” after
“received by” in section 76A (1) (c).
[4]Section
78B
Insert after section 78A:
78BRecording of conversations
made over cell call alarm systems
(1)
Section 7 (1) of the Surveillance Devices Act 2007 does not
apply to the installation, use or maintenance of a listening device to record
conversations made through a cell call alarm system in a correctional
centre.
(2)
A cell call
alarm system is a communication system designed to enable
inmates to notify staff of emergencies while locked in their
cells.
[5]Section 118
Definitions
Insert after paragraph (d) of the definition of
:
(d1)
community service work performed by an offender
who is a resident of a residential facility, pursuant to a condition to which
such residency is subject, and
[6]Section 118, definition of
“offender”
Insert at the end of paragraph (d):
, or
(e)
while a resident of a residential facility,
pursuant to a condition to which such residency is
subject.
[7]Section 128 Conditions of
parole generally
Omit “section 128B” from section 128
(3). Insert instead “sections 128B and
128C”.
[8]Section
128C
Insert after section 128B:
128CCondition of parole order in
exceptional circumstances as to supervision
It is a condition of a parole order made under
section 160 in respect of an offender that, for the whole of the period for
which the parole order is in force, the offender is to be subject to
supervision, as prescribed by the regulations.
[9]Sections 137B and
143B
Omit “offender’s parole eligibility
date” wherever occurring.
Insert instead “date on which the offender
first becomes eligible for release on parole”.
[10]Section 138 Release of
offender on parole
Insert “(other than an order made following
consideration of the offender’s case under section 137B)” after
“date” where firstly occurring in section 138 (1AA)
(a).
[11]Section 151 Release of serious
offender on parole
Insert “(other than an order made following
consideration of the offender’s case under section 143B)” after
“date” where firstly occurring in section 151 (1)
(a).
[12]Section 170 Revocation of
parole order
Insert after section 170 (1) (a1):
(a2)
in the case of an offender who has been granted
parole under section 160 on the grounds that he or she is dying or because of
exceptional extenuating circumstances, if it is satisfied that those grounds
or circumstances no longer exist, or
[13]Section 181 Warrants
committing offenders to correctional centres
Omit section 181 (2). Insert instead:
(2)
A warrant under this section is to be signed by
the Secretary of the Parole Authority and as soon as practicable afterwards
countersigned by a judicial member of the Parole
Authority.
(2A)
An order under this section is to be signed by a
judicial member of the Parole Authority.
[14]Section 181 (5) and
(6)
Insert after section 181 (4):
(5)
A warrant under this section has effect on its
signing by the Secretary of the Parole Authority and is not invalid merely
because it is not countersigned by a judicial member of the Parole
Authority.
(6)
A reference in this section to a judicial member
of the Parole Authority is a reference to a judicial member referred to in
section 183 (2) (a).
[15]Section 194 Security of
certain information
Insert after section 194 (1):
(1A)
Nothing in this Act or the regulations requires a
person to be provided with information about the content of a report or other
document, a copy of which is not (by operation of subsection (1)) required to
be provided to a person, if, in the opinion of a judicial member:
(a)
not providing the information to the person is
necessary in the public interest, and
(b)
that public interest outweighs any right to
procedural fairness that may be denied by not providing the
information.
[16]Section 209A Security of
certain information
Insert at the end of the section:
(2)
Nothing in this Act or the regulations requires a
person to be provided with information about the content of a report or other
document, a copy of which is not (by operation of subsection (1)) required to
be provided to a person, if, in the opinion of a judicial member:
(a)
not providing the information to the person is
necessary in the public interest, and
(b)
that public interest outweighs any right to
procedural fairness that may be denied by not providing the
information.
[17]Section 235G Functions of
Departmental compliance and monitoring officers
Omit “Part 2 of” from section 235G
(2) (b).
[18]Section 236M Accommodation of
offenders in residential facilities
Omit “non-custodial orders (referred to as
non-custodial residents)” from
section 236M (1) (b).
Insert instead “community-based
orders”.
[19]Section 236M (3)
(a)
Omit “a non-custodial
resident”.
Insert instead “a person residing in a
residential facility who is the subject of a community-based
order”.
[20]Section 236M
(5)
Omit the subsection. Insert instead:
(5)
In this section, a means any of
the following orders:
(a)
an order under Division 3 of Part 2 of the
Crimes (Sentencing Procedure) Act
1999,
(b)
a parole order, a home detention order or an
intensive correction order,
(c)
an extended supervision order or an interim
supervision order under the Crimes (High Risk
Offenders) Act 2006,
(d)
a community supervision order (within the meaning
of Part 4A), if the person subject to it is in community custody (Stage 3)
(within the meaning of that Part).
[21]Section
241A
Insert after section 241:
241ATesting of correctional centre
staff for alcohol and prohibited drugs
(1)
In this section:
employee of a management company
means a person employed by the management company, who holds an authority
under section 240 to perform duties at a correctional centre managed by the
management company.
prohibited drug has the same meaning
as in the Drug Misuse and Trafficking Act
1985.
(2)
A management company must:
(a)
prepare and implement a program, approved by the
Commissioner, for the testing of its employees for alcohol and prohibited
drugs, and
(b)
ensure that its employees are not under the
influence of alcohol or any prohibited drug when on duty, or when present at
their place of work and about to go on duty, and
(c)
report to the Commissioner, if requested in
writing by the Commissioner to do so, on the implementation of the
program.
(3)
The Commissioner may, whenever the Commissioner
considers it appropriate to do so, direct a management company to require an
employee to undergo testing for alcohol and prohibited drugs:
(a)
in accordance with the testing program approved
by the Commissioner, or
(b)
in accordance with Division 5 of Part 11 (as
applied by subsection (5)) and the regulations.
(4)
A management company must comply with a direction
of the Commissioner given under this section.
(5)
Division 5 of Part 11 applies in relation to the
testing of an employee for alcohol and prohibited drugs as if the references
to a member of correctional staff in that Division were references to an
employee referred to in this section.
(6)
For the purposes of subsection (3) (b), the
regulations may make provision, in relation to employees referred to in this
section, for or with respect to any matter for or with respect to which
regulations may be made under Division 5 of Part 11 in relation to members of
correctional staff (other than a matter referred to in section 236I (j) or
(k)).
(7)
This section applies to and in respect of a
submanagement company and the persons it employs for the purposes of a
submanagement agreement in the same way as it applies to and in respect of a
management company and its employees.
[22]Schedule 1 Parole
Authority
Insert at the end of clause 13:
(2)
The Secretary of the Parole Authority may act as
a non-judicial member for the purposes of constituting a quorum for a meeting
of the Parole Authority and for the purposes of the meeting if the judicial
member who is to preside at the meeting considers it necessary because:
(a)
the business to be conducted at the meeting is of
an urgent nature, and
(b)
no other non-judicial member is readily available
to constitute a quorum.
While so acting, the Secretary has all the
functions of a non-judicial member and is taken to be such a
member.
[23]Schedule 5 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
any other Act that amends this
Act
[24]Schedule 5, Part
19
Insert after clause 109:
Part 19Provisions consequent on
enactment of Crimes (Administration of Sentences) Amendment Act
2014
110Definition
In this Part:
amending
Act means the Crimes (Administration of Sentences)
Amendment Act 2014.
111Validation of certain
deductions
(1)
A deduction made before the commencement of
section 7A (2) from remuneration earned by an inmate as a participant in an
external work release program is taken to have been validly made at the time
it was made if it would have been validly made on or after that
commencement.
(2)
Accordingly, no compensation is payable in
respect of such a deducted amount or in respect of interest that may have
accrued on such a deducted amount had it not been
deducted.
(3)
In subclause (1):
external
work release program has the same meaning as in section 7A,
but extends to a corresponding program under the former Correctional Centres Act
1952 (a corresponding
program).
(4)
For the purposes of applying subclause (1) to a
deduction from remuneration earned by an inmate as a participant in a
corresponding program, a reference in section 7A (2) to an external work
release program and to remuneration earned by an inmate from participation in
such a program is taken to be a reference to a corresponding program and to
remuneration earned by an inmate as a participant in such a
program.
112Segregated custody
directions
A segregated custody direction in force under
Division 2 of Part 2 of this Act immediately before the amendment of section
10 by the amending Act continues to have effect under (and subject to)
Division 2 of Part 2 as if section 10 had not been so
amended.
113Protection from civil
liability in respect of certain community service work performed by residents
of residential facilities
Sections 120 and 121, as extended in their
operation by the amendments made to section 118 by the amending Act, apply in
relation to community service work performed by an offender the subject of
those amendments, whether occurring before or on or after the date on which
those amendments commence.
114Parole in exceptional
extenuating circumstances
(1)
Section 128C applies only in relation to a parole
order made under section 160 on or after the date on which section 128C
commences.
(2)
Section 170 (1) (a2) extends to a parole order
made under section 160 before the date on which section 170 (1) (a2)
commences.
115Consideration of parole so as
to avoid manifest injustice
Sections 137B and 143B, as amended by the
amending Act, apply to an offender whether the date on which the offender
first becomes eligible for release on parole occurs before, or on or after,
the date on which those amendments commence.
116Signing of
warrants
A warrant in force under section 181 immediately
before the amendment of section 181 by the amending Act is taken to be a
warrant in force under that section as so amended, and may be enforced
accordingly.
117Security of certain
information
(1)
Section 194 (1A) extends to a report or other
document (or any part of the report or document) that is not required to be
provided to a person by operation of section 194 (1) before the commencement
of section 194 (1A).
(2)
Section 209A (2) extends to a report or other
document (or any part of the report or document) that is not required to be
provided to a person by operation of section 209A before the commencement of
section 209A (2).
118Accommodation of offenders in
residential facilities
The amendments made to section 236M by the
amending Act apply as if those amendments had commenced on the commencement of
Division 7 of Part 11 of this Act.
Schedule 2Amendment of Fines Act 1996 No
99
[1]Section 18 Special provision
relating to certain victims support levies
Insert “and to any remuneration earned by
the offender as a participant in an external work release program (within the
meaning of section 7A of that Act)” after “Crimes
(Administration of Sentences) Act 1999” in section
18 (8).
[2]Schedule 3 Savings,
transitional and other provisions
Insert at the end of the Schedule with
appropriate Part and clause numbering:
PartProvisions consequent on
enactment of Crimes (Administration of Sentences) Amendment Act
2014
Definition
In this Part:
amending
Act means the Crimes (Administration of Sentences)
Amendment Act 2014.
Validation of certain
deductions and enforcement of certain fines
(1)
A victims support levy enforced, before the
amendment of this Act by the amending Act, by means of a deduction from
remuneration earned by an offender as a participant in an external work
release program is taken to have been validly enforced if it would have been
validly enforced had this Act as so amended (and any relevant provision to
which it refers) then been in force with any necessary
modification.
(2)
A deduction for the purposes of enforcing a
victims support levy made before the amendment of this Act by the amending Act
from remuneration earned by an offender as a participant in an external work
release program is taken to have been validly made at the time it was made if
it would have been validly made had this Act as so amended (and any relevant
provision to which it refers) then been in force with any necessary
modification.
(3)
Accordingly, no compensation is payable in
respect of such a deducted amount or in respect of interest that may have
accrued on such a deducted amount had it not been
deducted.
(4)
In this clause:
external
work release program has the same meaning as in section 7A
of the Crimes (Administration of Sentences)
Act 1999, but extends to a corresponding program under the
former Correctional Centres Act
1952.
(5)
A reference in this clause to a victims support
levy extends to include a reference to a compensation levy payable under Part
5 of the former Victims Support and Rehabilitation Act
1996 or Part 6A of the former Victims Compensation Act
1987.
Schedule 3Amendment of Crimes (Administration of Sentences) Regulation
2008
[1]Clause 228 Imposition and
extension of supervision conditions
Insert “or 128C” after “section
128B” wherever occurring in clause 228 (4) and
(5).
[2]Clause 228
(6)
Omit “section 128B (2) (a)”. Insert
instead “sections 128B (2) (a) and 128C”.
[3]Clauses 229 (5) and 230
(2)
Insert “or 128C” after “section
128B” wherever occurring.
[4]Clause 328 Operation of
biometric identification system in correctional centres
Omit clause 328 (1). Insert instead:
(1)
The Commissioner may authorise the operation in
correctional centres of a biometric identification system for the purposes of
controlling access to the centre by all persons (including persons performing
the duties of a custodian of offenders).
Historical
notes
Table of amending
instruments
Crimes
(Administration of Sentences) Amendment Act 2014 No 6.
Assented to 12.3.2014. Date of commencement, 11.4.2014, sec 2 and 2014 (183)
LW 11.4.2014.