Australian Capital Territory
Corrections and Sentencing Legislation Amendment Act 2011
A2011-57
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Corrections Management Act 2007
	4	Segregation—safety and security
Section 90 (5) (b)	3
	5	Segregation—protective custody
Section 91 (5) (b)	3
	6	Segregation—health
Section 92 (4) (c)	3
	7	Duration of investigative segregation
Section 163 (2) (b)	3
Part 3	Crimes (Sentence Administration) Act 2005
	8	New section 41A	4
	9	Periodic detention—application for approval not to perform etc
Section 56 (2)	4
	10	Board powers—management of periodic detention
Section 75 (5) (a)	4
	11	Suspension or cancellation of periodic detention—recommittal to
full-time detention
Section 82 (4) (a)	4
	12	Confidentiality of board documents
New section 192 (5)	5
	13	New section 303A	5
Part 4	Crimes (Sentencing) Act 2005
	14	Pre-sentence reports—order
Section 41 (6), definition of assessor	6
	15	Pre-sentence reports—availability of written reports
Section 45 (1)	6

Australian Capital Territory
Corrections and Sentencing Legislation Amendment Act 2011
A2011-57

An Act to amend legislation in relation to corrections management and sentencing, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Corrections and Sentencing Legislation Amendment Act 2011.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Corrections Management Act 2007
·	Crimes (Sentence Administration) Act 2005
·	Crimes (Sentencing) Act 2005.

Part 2	Corrections Management Act 2007
4	Segregation—safety and security
Section 90 (5) (b)
substitute
	(b)	if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and
5	Segregation—protective custody
Section 91 (5) (b)
substitute
	(b)	if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and
6	Segregation—health
Section 92 (4) (c)
substitute
	(c)	if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and
7	Duration of investigative segregation
Section 163 (2) (b)
substitute
	(b)	if the detainee is to be transferred to another correctional centre for longer than 1 day—must review the direction before the transfer; and
Part 3	Crimes (Sentence Administration) Act 2005
8	New section 41A
in part 5.1, insert
41A	Periodic detention—effect on sentence of imprisonment
An offender who performs periodic detention for a detention period is taken to serve 7 days of the offender’s sentence of imprisonment.
9	Periodic detention—application for approval not to perform etc
Section 56 (2)
after
doctor’s certificate
insert
, or a certified copy of the certificate
10	Board powers—management of periodic detention
Section 75 (5) (a)
substitute
	(a)	the offender’s health; or
11	Suspension or cancellation of periodic detention—recommittal to full-time detention
Section 82 (4) (a)
substitute
	(a)	be in writing signed by the chair, or a deputy chair, of the board; and
12	Confidentiality of board documents
New section 192 (5)
insert
	(5)	For this section, a document is given to a person if the contents of the document are made known to the person.
Examples—making known the contents of a document to a person
·	reading the document to the person
·	showing the document to the person
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
13	New section 303A
in division 13.1.4, insert
303A	Corrections officers to report breach of release on licence obligations
	(1)	This section applies if a corrections officer believes on reasonable grounds that an offender has breached any of the offender’s release on licence obligations.
	(2)	The corrections officer must report the belief to the board in writing.
	(3)	The report must be accompanied by a copy of a written record in support of the corrections officer’s belief.

Part 4	Crimes (Sentencing) Act 2005
14	Pre-sentence reports—order
Section 41 (6), definition of assessor
substitute
assessor means—
	(a)	a public servant whose functions include preparing pre‑sentence reports; or
	(b)	a person with similar functions under the law of a State.
15	Pre-sentence reports—availability of written reports
Section 45 (1)
substitute
	(1)	This section applies if the court has received a written pre-sentence report for an offender at least 2 working days before the offender is to be sentenced.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 17 November 2011.
2	Notification
	Notified under the Legislation Act on 14 December 2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Corrections and Sentencing Legislation Amendment Bill 2011, which was passed by the Legislative Assembly on 8 December 2011. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2011