Australian Capital Territory
Rehabilitation of Offenders (Interim) Act 2001    
A2001-82
Republication No 6
Effective:  9 April 2004 – 24 September 2004
Republication date: 9 April 2004
Last amendment made by A2004-15

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Rehabilitation of Offenders (Interim) Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 April 2004.  It also includes any amendment, repeal or expiry affecting the republished law to 9 April 2004.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Rehabilitation of Offenders (Interim) Act 2001

Contents
	Page
Chapter 1	Preliminary
	1	Name of Act	2
	3	Dictionary	2
	4	Notes	2
	5	Meaning of subject to imprisonment etc	2
Chapter 2	Home detention orders
Part 2.1	Making home detention orders
	6	Imprisonment by way of home detention	4
	7	Remand by way of home detention	5
Part 2.2	Procedures for making home detention orders
Division 2.2.1	General
	8	Application of pt 2.2	7
Division 2.2.2	Restrictions on making home detention orders
	9	Home detention not available for offenders for certain offences	7
	10	Home detention not available for sentenced offenders or remandees with certain history	9
	11	Suitability of sentenced offenders and remandees for home detention	10
Division 2.2.3	Assessment reports
	12	Referral of sentenced offender or remandee for assessment	13
	13	Assessment of suitability for home detention	13
	14	Obtaining information etc for assessment report	14
Division 2.2.4	Explanation of home detention orders
	15	Explanation of home detention orders to be given	15
Part 2.3	Operation of home detention orders
	16	Effect of home detention order for sentenced offender	16
	17	Effect of home detention order for remandee	16
	18	Conditions of home detention orders	16
	19	Obligations under home detention orders	17
	20	Duration of home detention orders	17
Part 2.4	Revocation of home detention orders
	21	Arrest without warrant of person subject to home detention order	18
	22	Arrest with warrant of person subject to home detention order	18
	23	Duty of corrections officers relating to breaches of home detention orders	19
	24	Revocation of home detention order	19
	25	Date of effect of revocation of home detention orders	20
	26	Consequential revocation of other home detention orders	20
Part 2.5	Other provisions about home detention orders
	27	Regulations about home detention	22
	28	Exercise of functions by court after home detention order has ended	22
Chapter 3	Nonparole periods and parole
Part 3.1	Preliminary
	29	Definitions for ch 3	23
	30	Application of ch 3 to victim who is a child	24
Part 3.2	Nonparole periods
	31	Court to set nonparole period	25
	32	Setting of nonparole period for person serving 1 or more previous sentences	26
	33	Secretary to be told about setting of nonparole period etc	26
	34	Victims register	27
Part 3.3	Parole
Division 3.3.1	General
	35	Application of pt 3.3	28
Division 3.3.2	Release on parole
	36	Eligibility for release on parole	28
	37	Parole order necessary for release	28
	38	Conditions of parole	29
	39	Obligations under parole order	29
	40	Recission of parole order before release	30
	41	Release under parole order	30
	42	Victim to be told of decision to make parole order etc	31
	43	Sentence not discharged unless parole completed	31
	44	Parole order not invalidated by failure to comply with procedural requirements	32
Division 3.3.3	Making decisions about release on parole
	45	Consideration of release on parole	32
	46	Board to seek views of victims	33
	47	Initial consideration of parole by board	34
	48	Notice of a parole hearing	34
	49	Further consideration by board of release of offender on parole	35
	50	Decision of board about parole after further consideration	35
	51	General duty of board in making parole decisions	36
Division 3.3.4	Parole orders in exceptional circumstances
	52	Making of parole orders in exceptional circumstances	37
Part 3.4	Revocation of parole orders
	53	Arrest of parolee without warrant	39
	54	Arrest of parolee with warrant	39
	55	Duty of corrections officers relating to breaches of parole orders	40
	56	Warrant remanding parolee in custody on adjournment	40
	57	Inquiry into suspected breaches of parole orders	41
	58	Revocation of parole orders	41
	59	Date of effect of revocation of parole order	43
	61	Parole order revoked if parolee sentenced to imprisonment	43
	62	Parole order revoked if former parolee sentenced to imprisonment for offence committed while order in force	44
	62A	Warrant by board committing parolee to prison	44
Part 3.5	Other provisions about parole
	63	Regulations about parole	45
	64	Exercise of functions by board after parole order has ended	45
Chapter 4	Sentence Administration Board
Part 4.1	Establishment and membership of board
	65	Establishment of board	46
	66	Functions of board	46
	67	Membership of board	46
	68	Appointment of members	47
	69	Term of appointment of members	48
	70	Ending of appointment of members	48
	71	Conditions of appointment of members generally	49
	72	Divisions of board	49
	72A	Delegation of chairperson’s functions	50
Part 4.2	Proceedings of board
	73	Time and place of board meetings	51
	74	Presiding at board meetings	51
	75	Conduct of board proceedings	51
	76	Board procedure	52
	77	Board minutes	53
	78	Disclosure of interests by members of board	53
	79	Authentication of board documents	54
	80	Evidentiary certificate about board decisions	54
	81	Proof of certain matters relating to board not required	54
	82	Application of pt 4.2 and pt 4.3 to divisions of board	55
Part 4.3	Inquiries by board
	83	Board may hold inquiries and hearings	56
	84	Sentenced offenders to appear before board	56
	85	Board may require attendance of people and production of documents	57
	86	Giving evidence and answering questions before board	58
	87	Offences relating to hearings by board	59
	88	Misconduct before board	59
	89	Reports for board	59
	90	Rights of sentenced offenders making submissions to board	59
	91	Allowances and expenses payable to board witnesses	60
Part 4.4	Other provisions about the board
	92	Effect of board warrants	61
	93	Secretary and assistant secretaries	61
	93A	Protection from liability for board members and secretary	61
	93B	Protection of witnesses etc	61
Chapter 5	Miscellaneous
	94	Chief Minister may make arrangements with NSW	63
	95	Exercise of prerogative of mercy and other laws not affected	63
	96	Security of information	63
	97	Corrections officers	64
	98	Approved forms	64
	99	Regulation-making power	65
	100	Review of home detention provisions	65
Dictionary		66
Endnotes
	1	About the endnotes	70
	2	Abbreviation key	70
	3	Legislation history	71
	4	Amendment history	71
	5	Earlier republications	74