2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Brendan Smyth)
Corrections Reform Amendment Bill 2003

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Crimes Act 1900
	3	Act amended—pt 2	3
	4	New division 15.1A	3
	5	New division 15.3	6
	6	Part 15	10
	7	Dictionary, new definition of corrections legislation	10
Part 3	Rehabilitation of Offenders (Interim) Act 2001
	8	Act amended—pt 3	11
	9	New section 4A	11
	10	Meaning of subject to imprisonment etc
New section 5 (5)	11
	11	New chapter 2A	12
	12	Functions of board
New section 66 (aa) and (ab)	17
	13	Section 66 (d)	17
	14	Section 66	17
	15	New section 97A	18
	16	Dictionary, new definition of case manager	18
	17	Dictionary, new definitions	18

2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Brendan Smyth)
Corrections Reform Amendment Bill 2003

A Bill for
An Act for the sentencing and rehabilitation of offenders, and for related purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Corrections Reform Amendment Act 2003.
2	Commencement
This Act commences on 1 July 2004.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2	Crimes Act 1900
3	Act amended—pt 2
This part amends the Crimes Act 1900.
4	New division 15.1A
before division 15.1, insert
Division 15.1A	Objects of corrections legislation
337	Objects
	(1)	The corrections legislation includes the following objects:
	(a)	providing for the secure and safe imprisonment, care, treatment, health management and rehabilitation of offenders;
	(b)	reducing the repetition of criminal and other antisocial behaviour by offenders.
Note	Corrections legislation is defined in s 339.
	(2)	Subsection (1) does not limit the objects of the corrections legislation.
338	Achieving the objects
	(1)	The objects of the corrections legislation are to be achieved by—
	(a)	enabling courts to formulate sentences for offenders using a range of stated penalty options in each sentence that—
	(i)	provide incentives and opportunities for offenders to progress through a number of custodial and other arrangements stated in the sentence; and
	(ii)	can be reviewed by the sentence administration board; and
	(b)	enabling the use of a case management approach to rehabilitation that—
	(i)	has regard to the needs of the offenders and the community; and
	(ii)	involves other government agencies and the community; and
Note	Case managers for offenders are appointed under the Rehabilitation of Offenders (Interim) Act 2001.
	(c)	enabling the provision of rehabilitation programs that—
	(i)	combine with broader based community programs; and
	(ii)	recognise the distinct needs of men and women, offenders of different ages, and cultural, ethnic and other disadvantaged groups; and
	(iii)	involve, as appropriate, family and other support mechanisms; and
Examples of rehabilitation programs
health and life skills, therapeutic, education and training, sport and recreation, and spiritual programs
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).
	(d)	establishing the framework for the delivery of custodial and other correctional programs; and
	(e)	ensuring the application of the highest standards of competency, professionalism and ethical behaviour in corrections management in the ACT; and
	(f)	establishing a set of institutional, management and operational arrangements to achieve the objects in accordance with the principles of transparency and accountability.
	(2)	Subsection (1) does not limit how the objects of this Act or the related corrections legislation may be achieved.
339	What is corrections legislation?
In this division:
corrections legislation means the following:
	(a)	this part, part 18 (Conditional release of offenders) and part 19 (Community service orders);
	(b)	the Community Based Sentences (Transfer) Act 2003;
	(c)	the Parole Orders (Transfer) Act 1983;
	(d)	the Periodic Detention Act 1995;
	(e)	the Prisoners (International Travel) Act 1999;
	(f)	the Prisoners Interstate Leave Act 1997;
	(g)	the Rehabilitation of Offenders (Interim) Act 2001;
	(h)	the Removal of Prisoners Act 1968;
	(i)	the Supervision of Offenders (Community Service Orders) Act 1985.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
5	New division 15.3
insert
Division 15.3	Imposition of sentences
366A	Sentences and alternatives
	(1)	A court may impose a sentence on an offender convicted of an offence against a Territory law.
	(2)	However, instead of imposing a sentence on the offender, the court may take action under any of the following provisions that are applicable:
·	section 350 (Reparation orders)
·	section 402 (Conditional release of offenders without proceeding to conviction)
·	section 403 (1) (a) (that deals with the conditional release of offenders after proceeding to conviction, but without passing sentence).
366B	Penalty options
The court may, in a sentence, impose 1 or more of the following penalties on an offender convicted of an offence for which a sentence of imprisonment may be imposed:
	(a)	an order sentencing the offender to full-time imprisonment, including provisions for parole and any nonparole period;
	(b)	a periodic detention order under the Periodic Detention Act 1995;
	(c)	a home detention order under the Rehabilitation of Offenders (Interim) Act 2001, chapter 2;
	(d)	a community service order under section 408 (Directions to perform work);
	(e)	a place restriction order under the Rehabilitation of Offenders (Interim) Act 2001, chapter 2A;
	(f)	a non-association order under the Rehabilitation of Offenders (Interim) Act 2001, chapter 2A;
	(g)	an order under section 403 (1) (b) (Conditional release of offenders);
	(h)	a fine.
Examples of sentences and case histories
The following are examples of hypothetical sentences that may be imposed on an offender by a court:
1	18-months sentence, comprising a 12-months home detention order and 6-months community service order
2	10-year sentence, comprising 7-years imprisonment with a non-parole period of 4 years followed by a 3-year place restriction order
3	2-year sentence, comprising a 1-year periodic detention order, a place restriction for the 2 years of the sentence and 1-year non-association order
Note 1	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).
Note 2	
·	par (b):  a periodic detention order sentences an offender to a stated number of detention periods at a stated detention centre
·	par (c):  a home detention order directs that an offender’s sentence, or part of an offender’s sentence, be served by detention at the offender’s home
·	par (d):  a community service order directs an offender to perform unpaid work for a stated number of hours
·	par (e):  a place restriction order prohibits an offender from going to or being in a stated place or district for a stated period
·	par (f):  a non-association order prohibits an offender from associating with a stated person for a stated period
·	par (g):  an order under s 403 (1) (b) sentences an offender to a term of imprisonment, but directs that the offender be released on a condition of giving security, either immediately or after the offender has served a stated part of the sentence of imprisonment
366C	Role of sentence administration board 
	(1)	A sentence may be subject to any conditions, stated by the court by order, about review by the sentence administration board, as provided by this section.
	(2)	The court may order 1 or more reviews by the sentence administration board of the sentence within stated periods, or in stated circumstances.
	(3)	The court may order that a penalty mentioned in section 366B is to be imposed on the direction of the sentence administration board after a review.
	(4)	A court order for this section may also indicate circumstances in which a penalty may, subject to conditions stated by the court, be varied on direction by the sentence administration board after a review.
	(5)	However, before varying a penalty imposed on an offender, the sentence administration board must ask the offender’s case manager to make written submissions to the board about the proposed variation.
Note	Case managers for offenders are appointed under the Rehabilitation of Offenders (Interim) Act 2001.
	(6)	The sentence administration board must take into account any submissions given to the board under subsection (5).
	(7)	If the sentence administration board directs the implementation of or change to a penalty order, the order is taken to be implemented or changed as if it had been imposed or changed by the court.
	(8)	If the offender breaches a penalty order, or a condition stated in an order made for this section, the court may, by order, in addition to any other powers the court may exercise in relation to the sentence, change the sentence to restrict or remove the powers of the sentence administration board under this section in relation to the offender.
	(9)	The court may not, by order, authorise the sentence administration board to change:
	(a)	a nonparole period fixed in a sentence; or
	(b)	the overall term of a sentence.
	(10)	This section does not prevent the court, by order, changing a condition imposed by it under subsection (1).
Examples of the role of sentence administration board
The following are hypothetical examples about the role of the sentence administration board in relation to sentences:
1	A court imposes on an offender a sentence of 18 months, comprising 12‑months home detention followed by a 6-months community service order.
	The court also orders that the board must conduct a review after the offender has completed 9-months home detention and that, after conducting the review, the board may make 1 of the following directions:
	(a)	if the board is satisfied that the offender has achieved a meritorious degree of rehabilitation—that the offender be released from the home detention order and serve the remainder of the sentence on parole;
	(b)	if the board is satisfied that the offender has achieved a poor degree of rehabilitation—that the offender serve the full term of the 18‑months sentence under home detention.
2	A court imposes on an offender a sentence of 10 years, comprising imprisonment for 7 years with a non-parole period of 4 years, followed by a place restriction order for the remaining 3 years.
	The court also orders that—
	(a)	the board must conduct a review to consider the offender’s parole after the offender has completed 3 years and 9 months of imprisonment; and
	(b)	if the offender is granted parole, the place restriction order is to apply for the remainder of the 10-year period of the offence.
	The court further orders that the board must conduct a second review after the offender has completed 6 years and 9 months of the sentence and that, after the review, the board may make 1 of the following directions:
	(a)	if the board is satisfied that the offender has achieved a meritorious degree of rehabilitation—that some or all of the period of the place restriction order no longer applies and that the remainder of the sentence be served on parole; 
	(b)	if the board is satisfied that the offender has achieved a poor degree of rehabilitation—that the offender be subject to a periodic detention order for the whole or part of the remainder of the 10 year period of the sentence.
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).
366D	Quarterly reports by sentence administration board
Within 15 days after the end of each quarter, the sentence administration board must give a report of its operations under section 366C to the registrar of the Supreme Court or Magistrates Court.
6	Part 15
renumber divisions when Act next republished under the Legislation Act
7	Dictionary, new definition of corrections legislation
insert
corrections legislation, for division 15.1A (Objects of corrections legislation)—see section 339.

Part 3	Rehabilitation of Offenders (Interim) Act 2001
8	Act amended—pt 3
This part amends the Rehabilitation of Offenders (Interim) Act 2001.
9	New section 4A
insert
4A	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act. 
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
10	Meaning of subject to imprisonment etc
New section 5 (5)
insert
	(5)	A sentenced offender is subject to a non-association order or a place restriction order if a non-association order or place restriction order has been made for the offender, whether or not the order has taken effect.
11	New chapter 2A
insert
Chapter 2A	Non-association and place restriction orders
28A	Non-association and place restriction orders
	(1)	This section applies to an offender who is convicted or found guilty of an offence by a court.
	(2)	The court may make an order—
	(a)	prohibiting the offender from associating with someone else for a stated period (a non-association order); or 
	(b)	prohibiting the offender from often using or visiting a place or area for a stated time (a place restriction order).
	(3)	A non-association order may—
	(a)	prohibit the offender from being in company with someone else; or
	(b)	prohibit the offender from communicating in any way with someone else.
28B	Non-association and place restriction orders not to restrict certain associations or activities
	(1)	A person mentioned in a non-association order as a person with whom the offender must not associate may not include any member of the offender’s close family.
	(2)	The places or areas mentioned in a place restriction order as places or areas that the offender must not often use or visit may not include a place that is, when the order is made—
	(a)	the offender’s home; or
	(b)	the home of any member of the offender’s close family; or
	(c)	a regular place of work or business of the offender; or
	(d)	an educational institution where the offender is enrolled; or
	(e)	a place of worship where the offender regularly attends.
	(3)	In this section, an offender’s close family includes—
	(a)	the offender’s domestic partner; and
	(b)	the offender’s parents, stepparents and grandparents; and
	(c)	the offender’s children, stepchildren and grandchildren; and
	(d)	the offender’s brothers and sisters, and stepbrothers and stepsisters; and
	(e)	the offender’s guardians or carers.
Note	For the meaning of domestic partner, see Legislation Act, s 169.
28C	Explanation of non-association and place restriction orders to offenders
	(1)	If a court imposes a non-association order or place restriction order on an offender, the court must ensure that all reasonable steps are taken to explain to the offender (in language that the offender can readily understand)—
	(a)	the offender’s obligations under the order; and
	(b)	the consequences that may follow if the offender fails to comply with those obligations.
	(2)	A non-association order or place restriction order is not invalid because of a failure to comply with this section.
28D	Suspension of non-association and place restriction orders while offenders in custody
	(1)	An offender’s non-association order or place restriction order is suspended while the offender is in lawful custody.
	(2)	The suspension of an offender’s non-association order or place restriction order does not operate to postpone the date when the order ends.
	(3)	A person is not taken to be in lawful custody only because the person is serving a sentence by way of periodic or home detention.
28E	Contravention of non-association and place restriction orders
	(1)	An offender must not contravene a non-association order or place restriction order. 
Maximum penalty: 10 penalty units, imprisonment for 6 months, or both.
	(2)	Subsection (1) does not apply if—
	(a)	the offender associated unintentionally with a person in contravention of a non-association order and the offender immediately ended the association; or
	(b)	the offender otherwise has a reasonable excuse for the contravention.
28F	Changing or revoking non-association and place restriction orders after subsequent conviction
	(1)	This section applies to an offender who is sentenced by a court in relation to an offence (the new offence) while subject to a non‑association order or place restriction order in relation to another offence (the old offence).
	(2)	When sentencing the offender for the new offence, the court may change or revoke the non-association order or place restriction order for the old offence.
28G	Changing or revoking non-association and place restriction orders on application
	(1)	An offender who is subject to a non-association order or place restriction order may, with the leave of the sentencing court that made the order, apply to the court for a change to or revocation of the order.
	(2)	The application must be accompanied by a copy of the relevant order, together with any changes to it that have been made.
	(3)	The court may give leave only if it is satisfied that, having regard to changes in the applicant’s circumstances since the order was made or last varied, it is in the interests of justice that leave be given.
	(4)	The court may refuse to consider an application for leave if it is satisfied that the application is frivolous or vexatious.
	(5)	If leave is given—
	(a)	the court must give written notice of the application to the chief police officer; and
	(b)	the chief police officer is entitled to appear and be heard in any proceedings on the application.
	(6)	The court may deal with the application without conducting a hearing.
	(7)	The court may—
	(a)	change or revoke the non-association order or place restriction order in accordance with the application; or
	(b)	dismiss the application.
28H	Certain information not to be disclosed
	(1)	A person commits an offence if the person discloses—
	(a)	the fact that a named person (other than the offender) is mentioned in a non-association order under section 28A (2) (a) (Non-association and place restriction orders); or
	(b)	any information that might reasonably identify the named person as a person mentioned in a non-association order under section 28 (2) (a).
Maximum penalty: 10 penalty units.
	(2)	Subsection (1) does not apply to the disclosure of information to any of the following people: 
	(a)	the offender;
	(b)	a person mentioned in the non-association order as a person with whom the offender is prohibited or restricted from associating;
	(c)	a police officer;
	(d)	a person involved in the administration of the non-association order or of any other penalty to which the offender is subject in relation to the same offence;
	(e)	a person involved in proceedings for an alleged breach of the non-association order;
	(f)	a person mentioned in the non-association order as a person to whom the information may be disclosed;
	(g)	anyone else to whom the information is required or authorised to be disclosed under a law.
	(3)	Subsection (1) does not apply to the disclosure of an official report of the proceedings of a court.
	(4)	It is a defence to a prosecution of a person for an offence against this section, in relation to a person named in a non-association order under section 28 (2) (a), if the person establishes that the named person consented to the name or information being disclosed before the disclosure happened.
	(5)	An offence against this section is a strict liability offence.
12	Functions of board
New section 66 (aa) and (ab)
insert
	(aa)	to consider the consequences of complying with, or failing to comply with, the terms of an order imposed as part of a sentence on a sentenced offender; and
	(ab)	to review any sentence in accordance with the terms of any order made as part of the sentence, and exercise any function given to the board in relation to the sentence under the Crimes Act 1900, section 366C; and
13	Section 66 (d)
omit
14	Section 66
renumber paragraphs when Act next republished under Legislation Act
15	New section 97A
insert
97A	Case managers—appointment and functions
	(1)	The director of corrective services must, in writing, appoint a case manager to a sentenced offender.
	(2)	The case manager has the functions given to him or her under this Act or any other Territory law, or by the director of corrective services.
16	Dictionary, new definition of case manager
insert
case manager, in relation to a sentenced offender, means the person who is appointed a case manager to the sentenced offender under section 97A.
17	Dictionary, new definitions
insert
non-association order—see section 28A.
place restriction order—see section 28A.

Endnote
Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2003