2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to consolidate and reform the law about the administration of sentences, and for other purposes

1 The inherent dignity of all human beings, whatever their personal or social status, is one of the fundamental values of a just and democratic society.

2 The criminal justice system should respect and protect all human rights in accordance with the Human Rights Act 2004 and international law.

3 Sentences are imposed on offenders as punishment, not for punishment.

4 The management of sentenced offenders, and people remanded or otherwise detained in lawful custody, should contribute to the maintenance of a just and democratic society, particularly as follows:

(a) by ensuring justice, security and good order in the correctional system;

(b) by ensuring that the harm suffered by victims, and their need for protection, are considered appropriately in making decisions about the management of offenders;

(c) by promoting the rehabilitation of offenders and their reintegration into society;

(d) by ensuring that offenders, remandees and other people detained in lawful custody are treated in a decent, humane and just way.

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

This Act is the Crimes (Sentence Administration) Act 2005.

This Act commences on the commencement of the Crimes (Sentencing) Act 2005, chapter 10 (Transitional).

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

The dictionary at the end of this Act is part of this Act.

For example, the signpost definition ‘community service work—see section 315.’ means that the term ‘community service work’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

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).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main object of this Act is to ensure, as far as practicable, that sentences are given effect in accordance with this Act and the Corrections Management Act 2005.

(1) Functions under this Act in relation to a sentenced offender must be exercised, as far as practicable, as follows:

(a) to respect and protect the offender’s human rights;

(b) to ensure the offender’s decent, humane and just treatment;

(c) to preclude torture or cruel, inhuman or degrading treatment;

(d) to promote the offender’s rehabilitation and reintegration into society.

(2) Also, functions under this Act in relation to an offender serving a sentence of imprisonment (whether by full-time or periodic detention) must be exercised, as far as practicable, to ensure—

(a) the offender is not subject to further punishment (in addition to deprivation of liberty) only because of the conditions of detention; and

(b) the offender’s conditions in detention comply with the requirements under the Corrections Management Act 2005.

(1) Functions under this Act in relation to a remandee must be exercised, as far as practicable, as follows:

(a) to recognise and respect that the remandee must be presumed innocent of the offence for which the remandee is remanded;

(b) to respect and protect the remandee’s human rights;

(c) to ensure the remandee’s decent, humane and just treatment;

(d) to preclude torture or cruel, inhuman or degrading treatment.

(2) Also, functions under this Act in relation to a remandee’s detention must be exercised, as far as practicable, as follows:

(a) to recognise and respect that the detention is not imposed as punishment of the remandee;

(b) to ensure the remandee is not subject to punishment only because of the conditions of detention;

(c) to ensure the remandee’s conditions in detention comply with the requirements under the Corrections Management Act 2005.

(3) Subsections (1) (a) and (2) (a) do not apply if the remandee has been convicted or found guilty of the offence for which the remandee is remanded.

1 a convicted person remanded in custody for sentencing

2 a paroled offender remanded in custody under s 209 (Custody of offender during board hearing adjournment)

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).

(4) This section does not apply to the remandee if the remandee is an offender under a sentence of imprisonment in relation to another offence.

(1) This section applies to a person (other than a sentenced offender or remandee) detained in lawful custody under a territory law or a law of the Commonwealth, a State or another Territory.

1 a person held on a warrant issued under the Royal Commissions Act 1991, s 35 (Apprehension of witnesses failing to appear)

2 an interstate prisoner on leave in the ACT held in custody overnight

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).

(2) Functions under this Act in relation to the person must be exercised, as far as practicable, as follows:

(a) to recognise and facilitate the purpose for which the person is detained;

(b) to respect and protect the person’s human rights;

(c) to ensure the person’s decent, humane and just treatment;

(d) to preclude torture or cruel, inhuman or degrading treatment.

(3) Also, functions under this Act in relation to the person must be exercised, as far as practicable, as follows:

(a) to ensure the person is not subject to punishment only because of the conditions of detention;

(b) to ensure the person’s conditions in detention comply with the requirements under the Corrections Management Act 2005.

(4) A regulation may make provision in relation to the application of this Act (other than this section) to the person, including modifications of the Act in its application to the person.

(1) This part applies if—

(a) a court (a committing authority) makes an order (a committal order) sentencing an offender to imprisonment that, under a territory law, must be served by full-time detention; or

(b) the board (also a committing authority) makes an order (also a committal order) in relation to an offender under any of the following provisions:

(i) section 81 (Suspension or cancellation of periodic detention—recommittal to full-time detention);

(ii) section 160 (Cancellation of parole—recommittal to full-time detention);

(iii) section 311 (Cancellation of licence—recommittal to full-time detention).

(2) A reference in this section to a court sentencing an offender to imprisonment includes—

(a) the registrar of the Magistrates Court, in relation to a committal under the Magistrates Court Act 1930, section 154D (Committal to prison—fine defaulters); and

(b) an entity prescribed by regulation.

Note ACT courts have federal jurisdiction in criminal matters (including sentencing) under the Judiciary Act 1903 (Cwlth). See particularly that Act, s 68 (Jurisdiction of State and Territory courts in criminal cases).

The committal order—

(a) authorises the chief executive to have custody of the offender under the order; and

(b) requires the chief executive to—

(i) take the offender into custody; and

(ii) keep the offender imprisoned under full-time detention until released under this Act or another territory law.

(1) The committing authority must issue a warrant for the imprisonment of the offender in the chief executive’s custody.

(2) The warrant—

(a) must be addressed to the chief executive; and

(b) may be signed by a person authorised by the committing authority.

Note 1 If a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).

Note 2 If a form is approved under s 323 for a warrant by the board, the form must be used (see s 323 (2)).

The chief executive must keep the offender imprisoned under full-time detention under this Act and the Corrections Management Act 2005 until released under this Act or another territory law.

The validity of the offender’s imprisonment under this Act or the Corrections Management Act 2005 is not affected by any failure to issue a proper warrant of imprisonment, if the imprisonment is in accordance with the committing authority’s committal order.

(1) This part applies if any of the following (a remanding authority) orders the remand of a person (the remandee) in custody under a territory law:

(a) a court;

(b) a magistrate;

(c) the board;

(d) an entity prescribed by regulation.

(2) To remove any doubt, this part also applies to the remand of a person (also the remandee) during an adjournment in a proceeding before a remanding authority, whether the remand is for less than a day or for 1 day or more.

The remanding authority’s order for remand—

(a) authorises the chief executive to have custody of the remandee under the order; and

(b) requires the chief executive to—

(i) take the remandee into custody; and

(ii) keep the remandee in custody under full-time detention under the order; and

(iii) return the remandee to the remanding authority as required by the order.

(1) The remanding authority must issue a warrant for the remand of the remandee in the chief executive’s custody.

(2) The warrant—

(a) must be addressed to the chief executive; and

(b) may be signed by a person authorised by the remanding authority.

Note 1 If a form is approved under the Court Procedures Act 2004 for a warrant by a court, the form must be used (see that Act, s 8 (2)).

Note 2 If a form is approved under s 323 for a warrant by a remanding authority that is not a court, the form must be used (see s 323 (2)).

(3) The warrant—

(a) may state any considerations about the remand to which the chief executive must have regard; and

(b) must state when and where the remanding authority orders the return of the remandee to the remanding authority.

1 the remandee’s need for access to legal representatives or other people in relation to the proceeding before the remanding authority

2 the likelihood of the remandee having to be brought before a court or magistrate, or the board, in some other proceeding

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).

(1) The chief executive must—

(a) keep the remandee in custody under full-time detention under this Act and the Corrections Management Act 2005 under the order for remand; and

(b) return the remandee to the remanding authority as ordered by the remanding authority.

(2) The chief executive must ensure that the remandee is held in custody in the place that the chief executive decides is the most appropriate.

(3) For subsection (2)—

(a) the chief executive must have regard to the following:

(i) the remanding authority’s order for remand;

(ii) any considerations about the remand stated in the warrant by the remanding authority;

(iii) whether the remandee is also a sentenced offender;

(iv) the availability of suitable places of custody;

(v) the practicality of moving the remandee to and from the place of custody to satisfy the remanding authority’s order for the return of the remandee; and

(b) the chief executive may have regard to anything else the chief executive considers relevant.

The validity of the remandee’s remand in custody under full-time detention under this Act or the Corrections Management Act 2005 is not affected by any failure to issue a proper warrant of remand, if the remand is in accordance with the remanding authority’s order for remand.

(1) For this chapter, the chief executive may give directions to an escort officer in relation to an offender or remandee, including directions to take the offender or remandee into custody or to a place stated in the direction.

(2) Without limiting the authority that may be given by a direction under subsection (1), the direction authorises the escort officer to have custody of, and deal with, the offender or remandee in accordance with the direction.

(1) This chapter is additional to, and does not limit, any other power of a court or other entity to require an offender, remandee or other person to be brought before the court or entity.

(2) Without limiting subsection (1), the chief executive must arrange for an offender, remandee or other person in the chief executive’s custody to be brought before a court or other entity in accordance with any order or direction (however described) of the court or entity.

(1) This chapter applies to a person (a full-time detainee) if the person is—

(a) an offender in the chief executive’s custody because of section 11 (Effect of committal order); or

(b) a remandee in the chief executive’s custody because of section 16 (Effect of remand order).

(2) A reference in this chapter to an offender is a reference to the full-time detainee if—

(a) subsection (1) (a) applies to the detainee; or

(b) subsection (1) (b) applies to the full-time detainee but the offender is not a remandee under subsection (3).

(3) A reference in this chapter to a remandee is a reference to the full-time detainee if—

(a) subsection (1) (b) applies to the full-time detainee; and

(b) the full-time detainee—

(i) has not been convicted or found guilty of the offence for which the detainee is remanded; or

(ii) is not serving a sentence of imprisonment by full-time detention for another offence.

(1) In this Act:

recommitted, for an offender, means placed in the chief executive’s custody because of an order under any of the following provisions:

(a) section 81 (Suspension or cancellation of periodic detention—recommittal to full-time detention);

(b) section 160 (Cancellation of parole—recommittal to full-time detention);

(c) section 311 (Cancellation of licence—recommittal to full-time detention).

release date, for an offender for a sentence, means the day the term of the sentence ends.

Note The term of a sentence includes the term of the sentence as amended (see dict).

(2) In this chapter:

full-time detainee—see section 22 (1).

offender—see section 22 (2).

remandee—see section 22 (3).

(1) An offender must serve the period of imprisonment set by the sentencing court by full-time detention in accordance with this Act and the Corrections Management Act 2005.

(2) If an offender is recommitted to the chief executive’s custody, the offender must serve the period of imprisonment for which the offender has been recommitted by full-time detention in accordance with this Act and the Corrections Management Act 2005.

(3) An offender must also comply with any requirement or direction under this Act, or the Corrections Management Act 2005, that applies to the offender as a full-time detainee.

(4) A remandee must spend the period of remand in full-time detention in accordance with this Act and the Corrections Management Act 2005.

(5) A remandee must also comply with any requirement or direction under this Act, or the Corrections Management Act 2005, that applies to the remandee as a full-time detainee.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).

(1) For this chapter, the chief executive may give directions, orally or in writing, to a full-time detainee.

(2) To remove any doubt, this section does not limit section 320 (Chief executive directions—general).

(1) The chief executive must arrange for a full-time detainee to be kept in full-time detention in—

(a) an ACT correctional centre; or

(b) a NSW correctional centre.

(2) For this section, the chief executive may, in writing, direct that a full-time detainee—

(a) be detained in the ACT correctional centre stated in the direction; or

(b) be removed to a NSW correctional centre stated in the direction.

(1) The chief executive may make guidelines in relation to the allocation of full-time detainees to correctional centres.

(2) Without limiting subsection (1), guidelines may include provision about—

(a) which correctional centres are to be used for accommodating full-time detainees; and

(b) the transfer of full-time detainees between correctional centres.

(3) A guideline is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) In this section:

correctional centre includes a NSW correctional centre.

(1) The chief executive may direct an offender, orally or in writing—

(a) to participate in an activity that the chief executive considers desirable for the offender’s welfare or training; or

(b) to do work at a correctional centre, or community service work outside a correctional centre, that the chief executive considers suitable for the offender.

(2) However, an offender is not required to do work (including community service work) or an activity the offender is not capable of doing.

(3) The chief executive may allow a remandee to do work at a correctional centre, or community service work outside a correctional centre, that the chief executive considers suitable for the remandee.

Note A regulation may prescribe work to be community service work (see s 315).

While lawfully absent from a correctional centre, a full-time detainee—

(a) remains in the chief executive’s custody; and

(b) if under escort by an escort officer—is also taken to be in the escort’s custody.

1 while doing community service work

2 while being moved to a correctional centre, court, hospital or other place under direction by the chief executive

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).

If an offender is unlawfully absent from a correctional centre or other place during the term of the offender’s sentence of imprisonment, the absence is not to be counted in working out the period of the sentence served by the offender.

the offender fails to return to a correctional centre as required after community service work or approved leave

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).

(1) This section applies if the term of an offender’s sentence of imprisonment is longer than 6 months.

(2) The chief executive may, in writing, direct that the offender be released from imprisonment—

(a) if the term of the sentence is less than 1 year—on any day within the 7-day period before the offender’s release date; or

(b) if the term of the sentence is 1 year or longer—on any day within the 14-day period before the offender’s release date.

(3) For subsection (2), the chief executive may have regard to any of the following:

(a) the offender’s conduct while serving the sentence;

(b) any compassionate, health or employment-related circumstances applying to the offender;

(c) the management of the correctional centre where the offender is detained;

(d) anything else that the chief executive considers appropriate.

(4) If the chief executive gives a direction under subsection (2)—

(a) the offender may be released from imprisonment at any time on the day stated in the direction; and

(b) the offender’s sentence is taken to have ended when the offender is released under the direction.

(1) An offender must be released from imprisonment on the offender’s release date for the sentence.

(2) The offender may be released from imprisonment at any time on the release date.

(3) However, if the release date is not a working day at the place of imprisonment, the offender may be released from imprisonment at any time during the last working day at that place before the release date if the offender asks to be released on that day.

Note Working day is defined in the Legislation Act, dict, pt 1.

(4) If the offender is released under subsection (3), the offender’s sentence is taken to have ended when the offender is released under that subsection.

(1) An offender must not be released under section 31 or section 32 if—

(a) on the release date for the offender’s sentence (the current sentence), the offender is subject to another sentence of imprisonment to be served by full-time detention; and

(b) under the other sentence, the offender must be kept in full-time detention on or immediately after the release date for the current sentence.

(2) Also, the offender must not be released under section 31 or section 32 if, on the release date for the current sentence, the offender is otherwise required to be kept in custody in relation to an offence against a law of the Commonwealth, a State or another Territory.

This part applies if the chief executive directs under section 26 (Full-time detention in ACT or NSW) that a full-time detainee be removed to a NSW correctional centre.

The direction is authority for an escort officer to transport the full-time detainee in custody to the NSW correctional centre stated in the direction.

(1) A full-time detainee may be kept in full-time detention at the NSW correctional centre stated in the direction, or at any other NSW correctional centre, until the detainee is released from imprisonment under this Act or another territory law.

(2) If the full-time detainee is serving a sentence of imprisonment, the detainee—

(a) is taken, while in full-time detention in a NSW correctional centre, to be serving the sentence of imprisonment in a correctional centre as required by the Crimes (Sentencing) Act 2005, section 10 (3) (Imprisonment); but

(b) until released from imprisonment under this Act or another territory law, may be dealt with as if the detainee’s sentence were a sentence imposed under New South Wales law.

(a) the following provisions of this Act apply in relation to the full-time detainee:

(i) section 30 (Unlawful absence by offender—extension of sentence);

(ii) section 31 (Early release of offender);

(iii) section 32 (Release at end of sentence);

(iv) section 33 (Offender not to be released if serving another sentence etc);

(v) chapter 7 (Parole);

(vi) section 197 (Board may require official reports);

(vii) chapter 13 (Release on licence, remission and pardon);

(viii) a provision prescribed by regulation; and

(b) a provision of the Corrections Management Act 2005 prescribed by regulation applies in relation to the detainee.

Note The Crimes (Administration of Sentences) Act 1999 (NSW), s 44 makes provision for ACT law to apply in relation to the full-time detainee.

(1) The chief executive may, in writing, direct that the full-time detainee be returned to the ACT.

(2) Without limiting subsection (1), if the full-time detainee asks the chief executive to be released in the ACT from imprisonment under this Act or another territory law, the chief executive may direct that the detainee be returned to the ACT for the release.

(3) A direction is authority for an escort officer to transport the full-time detainee in custody for return to the ACT.

(4) The full-time detainee must be held in custody by an escort officer, or in detention in a correctional centre, until released from imprisonment under this Act or another territory law or returned to a NSW correctional centre.

(5) If the full-time detainee is not released, the chief executive’s direction is also authority for an escort officer to return the detainee to a NSW correctional centre.

(6) If the full-time detainee is returned to a NSW correctional centre under subsection (5), the detainee must be dealt with as if the detainee had not been returned to the ACT.

(7) To remove any doubt, this section does not apply if the full-time detainee is transferred to New South Wales under part 11.1 (Interstate transfer of prisoners).

(8) In this section:

release includes—

(a) release under part 7.3 (Release under parole order); and

(b) release under chapter 13 (Release on licence, remission and pardon), whether by release on licence or because of a remission or pardon.

(1) If the full-time detainee is released from imprisonment in New South Wales under this Act or another territory law, the detainee is entitled to be returned to the ACT at the cost of the Territory.

(2) In this section:

release—see section 37 (8).

This chapter applies to an offender sentenced to imprisonment if the court sentencing the offender sets a periodic detention period for all or part of the sentence.

In this Act:

additional condition, of an offender’s periodic detention, means—

(a) a condition recommended by the sentencing court for the detention; or

(b) a condition of the detention imposed under part 5.4 (Supervising periodic detention); or

(c) if a condition (including a condition recommended by the sentencing court) is amended under part 5.4—the condition as amended.

core condition, of an offender’s periodic detention, means a core condition under section 43.

detention period, for an offender’s periodic detention—see section 41.

finishing time, for an offender’s detention period—see section 52.

periodic detention, for an offender, means periodic detention to be served by the offender during the periodic detention period of the offender’s sentence of imprisonment.

periodic detention obligations, of an offender, means the offender’s obligations under section 42.

periodic detention period, of an offender’s sentence of imprisonment—

(a) see the Crimes (Sentencing) Act 2005, section 11 (2) (Periodic detention); or

(b) if the period is extended under this chapter—the period as extended.

reporting day, for an offender’s detention period—see section 51.

reporting place, for an offender’s detention period—see section 50.

reporting time, for an offender’s detention period—see section 52.

(1) For this Act, a detention period, for an offender, is each period during the periodic detention period of the offender’s sentence of imprisonment that—

(a) starts at the reporting time on the reporting day; and

(b) ends at the finishing time on the 2nd day after the reporting day.

(2) However, a period mentioned in subsection (1) is not a detention period if it includes any part of—

(a) Christmas Day, Good Friday or Easter Sunday; or

(b) another day prescribed by regulation.

(1) An offender must serve periodic detention in the offender’s periodic detention period in accordance with this part.

(2) To serve periodic detention, the offender must, during the periodic detention period—

(a) perform periodic detention under part 5.3 (Performing periodic detention); and

(b) comply with the core conditions of the offender’s periodic detention; and

(c) comply with any additional condition of the offender’s periodic detention; and

(d) comply with any non-association order or place restriction order made by the sentencing court for the offender; and

(e) comply with any other requirement under this Act or the Corrections Management Act 2005 that applies to the offender.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).

(3) To remove any doubt, the offender’s periodic detention obligations are not limited to detention periods for the offender’s periodic detention.

(1) The core conditions of an offender’s periodic detention are as follows:

(a) the offender must not commit—

(i) an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

(ii) an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment;

(b) if the offender is charged with an offence against a law in force in Australia or elsewhere—the offender must tell the chief executive about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge;

(c) if the offender’s contact details change—the offender must tell the chief executive about the change as soon as possible, but within 2 days after the day the offender knows the changed details;

(d) the offender must comply with any direction given to the offender by the chief executive under this Act or the Corrections Management Act 2005 in relation to the periodic detention;

(e) any test sample given by the offender under a direction under section 45 (Periodic detention—alcohol and drug tests) must not be positive;

(f) the offender must appear before the board as required, or agreed by the offender, under section 204 (Appearance by offender at board hearing);

(g) any condition prescribed by regulation that applies to the offender.

(2) In this section:

contact details means any of the following:

(a) home address or phone number;

(b) work address or phone number;

(c) mobile phone number.

(1) For this chapter, the chief executive may give directions, orally or in writing, to an offender.

(2) To remove any doubt, this section does not limit section 320 (Chief executive directions—general).

(1) The chief executive may direct an offender, orally or in writing, to give a test sample when reporting to perform periodic detention.

(2) The provisions of the Corrections Management Act 2005 relating to alcohol and drug tests apply in relation to a direction under this section and any sample given under the direction.

(1) The chief executive may direct an offender, orally or in writing, to submit to a personal search when reporting to perform periodic detention.

(2) The provisions of the Corrections Management Act 2005 relating to personal searches apply in relation to a direction under this section and any personal search conducted under the direction.

(1) While performing periodic detention, an offender is—

(a) taken to be in the chief executive’s custody; and

(b) if under escort by an escort officer—also taken to be in the escort’s custody.

(2) An offender is taken to perform periodic detention in a detention period if—

(a) the offender is, otherwise than under subsection (1), in lawful custody for the period; and

(b) the custody is only in relation to the offender’s periodic detention obligations.

(3) To remove any doubt, the offender is not taken to perform periodic detention for a detention period if the reason for the custody mentioned in subsection (2) is, or includes, anything other than the offender’s periodic detention obligations.

suspension of the offender’s periodic detention (see s 78)

nonpayment of a fine or other amount (including restitution) under a court order

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).

Periodic detention for an offender ends—

(a) at the end of the periodic detention period of the offender’s sentence of imprisonment; or

(b) if the periodic detention is cancelled earlier under part 5.4 (Supervising periodic detention)—when the cancellation takes effect.

To perform periodic detention, an offender must, for each detention period in the periodic detention period of the offender’s sentence of imprisonment—

(a) report to the offender’s reporting place—

(i) by the reporting time on the reporting day; and

(ii) in accordance with any reporting requirement under a direction given to the offender by the chief executive; and

(b) perform activities or work under this part.

1 the kinds of clothing, personal possessions and other things that the offender must or must not have when reporting for detention

2 cleanliness when reporting for detention

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).

(1) For this Act, an offender’s reporting place for a detention period is—

(a) the place stated by the sentencing court for the offender to first report for periodic detention; or

(b) if another place is fixed under subsection (2)—that place.

(2) The chief executive may, by written notice given to the offender, fix either of the following for the offender for a detention period:

(a) the correctional centre where the offender must report to perform periodic detention (a reporting place);

(b) the place outside a correctional centre where the offender must report to perform activities or work under section 54 (Periodic detention—activities or work outside correctional centres) (also a reporting place).

(3) A notice under subsection (2) takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the notice—on the date stated.

(1) For this Act, an offender’s reporting day for a detention period is—

(a) the day of the week stated by the sentencing court for the offender’s first detention period to start; or

(b) if another day is fixed under subsection (2)—that day.

(2) The chief executive may, by written notice given to the offender, fix a reporting day for the offender that is different to the day of the week stated by the sentencing court for the offender’s first detention period to start.

(3) If the chief executive fixes a different reporting day under subsection (2), the offender’s periodic detention period is automatically amended so that the number of detention periods for the offender for the periodic detention period of the offender’s sentence of imprisonment remains unchanged.

(4) A notice under subsection (2) takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the notice—on the date stated.

(5) The notice must tell the offender when the periodic detention period ends because of the changed reporting day.

(1) For this Act, an offender’s reporting time for a detention period is—

(a) 7 pm; or

(b) if a different time is fixed under subsection (3)—that time.

(2) For this Act, the offender’s finishing time for a detention period is—

(a) 4.30 pm; or

(b) if a different time is fixed under subsection (3)—that time.

(3) The chief executive may, by written notice given to the offender, fix both of the following for the offender for a detention period:

(a) the reporting time;

(b) the finishing time.

(4) However, a notice under subsection (3) must not change the length of the detention period.

(5) A notice under subsection (3) takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the notice—on the date stated.

(1) The chief executive may direct an offender, orally or in writing, to do 1 or more of the following during a detention period:

(a) participate in an activity that the chief executive considers desirable for the offender’s welfare or training;

(b) do work that the chief executive considers suitable for the offender;

(c) do community service work that the chief executive considers suitable for the offender.

(2) However, the offender is not required to do work (including community service work), or participate in an activity, that the offender is not capable of doing.

(3) A direction under this section takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the direction—on the date stated.

(1) This section applies to a direction under section 53 to participate in an activity, or do community service work, at a place that is not a correctional centre.

(2) The direction must include details of the following:

(a) the activity the offender must participate in or the community service work the offender must do;

(b) the place to which the offender must report for the activity or community service work;

(c) the time when the offender must report;

(d) the person (if any) to whom the offender must report (the work supervisor);

(e) the person the offender must tell if subsection (4) applies (the corrections supervisor).

(3) The offender must comply with any reasonable direction given to the offender, orally or in writing, by the work supervisor in relation to the activity or community service work.

(4) If the offender cannot comply with the direction under section 53, the offender must—

(a) tell the corrections supervisor as soon as possible; and

(b) comply with the corrections supervisor’s directions.

1 the activity or community service work to which the direction applies is not available at the place

2 it is impracticable for the offender to participate in the activity or to do the work

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).

(1) The chief executive may, on application by an offender under section 56, give the offender approval, orally or in writing—

(a) not to perform periodic detention for a detention period; or

(b) to report up to 4 hours late for a detention period.

(2) The chief executive may give an approval only if the chief executive considers that giving the approval is appropriate.

giving an approval may be appropriate because of the offender’s state of health, for compassionate reasons or because the offender is in custody otherwise than in relation to the offender’s periodic detention obligations

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).

(3) However, the chief executive must not give an approval for the offender in relation to more than 2 detention periods in any 6-month period.

(4) The chief executive may give an approval before or after the start of the detention period to which it applies.

(5) An approval is subject to the following conditions:

(a) any standard condition for approval prescribed by regulation;

(b) any additional condition stated in the approval that the chief executive considers necessary.

a condition prohibiting association with a particular person or being near a particular place

(6) An additional condition must not be inconsistent with a standard condition.

(1) An application by an offender for approval under section 55 in relation to a detention period must—

(a) be made to the chief executive, orally or in writing; and

(b) state the grounds on which it is made.

(2) If the application is made on health grounds, it must be accompanied by a doctor’s certificate—

(a) indicating the nature or extent of the illness or injury; and

(b) confirming that the offender is unfit to perform periodic detention in the detention period because of the illness or injury.

(1) This section applies if an offender has approval under section 55 not to perform periodic detention for a detention period.

(2) The periodic detention period of the offender’s sentence of imprisonment, and the term of the sentence, are automatically extended by 1 week for each detention period to which this section applies.

(1) This section applies to an offender for a detention period if—

(a) the offender fails to report to perform periodic detention for the detention period and has not been given approval under section 55 not to perform detention for the detention period; or

(b) the offender reports to perform periodic detention for the detention period and is given a direction under subsection (2) or (3).

(2) If the offender reports to perform periodic detention for the detention period more than 4 hours late, the chief executive must direct the offender, orally or in writing, not to perform periodic detention for the detention period and to leave the reporting place.

(3) If the offender reports to perform periodic detention for the detention period (but not more than 4 hours late), the chief executive may direct the offender, orally or in writing, not to perform detention for the detention period and to leave the reporting place if any of the following happen:

(a) the offender reports to perform periodic detention up to 4 hours late without approval under section 55;

(b) when reporting to perform periodic detention, the offender fails to comply with any reporting requirement mentioned in section 49 (Periodic detention—reporting for etc);

(c) when reporting to perform periodic detention, the offender gives a positive test sample in response to a direction under section 45 (Periodic detention—alcohol and drug tests).

(4) For each detention period of the offender to which this section applies—

(a) the offender is taken not to perform periodic detention; and

(b) the periodic detention period of the offender’s sentence of imprisonment, and the term of the sentence, are automatically extended by 1 week.

The chief executive must apply to the board for an inquiry under section 66 (Board inquiry—breach of periodic detention obligations) if section 58 applies to an offender for a second or subsequent detention period of the offender’s periodic detention period.

(1) This section applies to an offender for a detention period if the chief executive believes, on reasonable grounds, that the offender’s condition, when reporting to perform periodic detention at the reporting place, makes the offender unfit for performing periodic detention for the detention period.

(2) The chief executive may, orally or in writing, direct the offender not to perform periodic detention for the detention period and to leave the reporting place.

the offender is suffering from a contagious disease

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).

(3) For each detention period of the offender to which this section applies—

(a) the offender is taken not to perform periodic detention; and

(b) the periodic detention period of the offender’s sentence of imprisonment, and the term of the sentence, are automatically extended by 1 week.

(1) This section applies if—

(a) a periodic detention period of an offender’s sentence of imprisonment is part of a combination sentence; and

(b) the combination sentence includes an order (the other sentencing order) taking effect after the end of the periodic detention period.

(2) If the periodic detention period is changed under any of the following provisions, a corresponding change is automatically made to the term of the other sentencing order and the combination sentence of which it forms part:

(a) section 51 (Periodic detention—reporting day);

(b) section 58 (Failing to perform periodic detention—extension of periodic detention period);

(c) section 60 (Offender not fit for periodic detention—extension of periodic detention period);

(d) section 70 (Review of chief executive decisions under part 5.3).

Dieter is subject to a combination sentence, with an overall term of 3 years, consisting of a 2-year periodic detention period and a good behaviour order. The good behaviour order is expressed to have effect for the remainder of the sentence after the end of the periodic detention period.

Dieter’s periodic detention period is extended under s 58 (Failing to perform periodic detention—extension of periodic detention period) by 1 week. As a result, the term of the good behaviour order is also extended by 1 week (beyond the end of the original overall term 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).

(1) This section applies if the Territory makes an agreement, for this Act or the Corrections Management Act 2005, with an entity under which an offender may participate in—

(a) an activity provided by the entity; or

(b) community service work undertaken by the entity.

(2) The chief executive must ensure that the agreement requires the entity, on the chief executive’s request, to give the chief executive written reports about the offender’s participation in the activity or work.

(1) This section applies if a corrections officer believes, on reasonable grounds, that an offender has breached any of the offender’s periodic detention 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.

1 breaching any core condition of the periodic detention

2 failing to report, or reporting late, for a second or subsequent detention period without the chief executive’s approval

3 giving a positive test sample for alcohol or drugs when reporting to perform periodic detention

4 not complying with a direction by the chief executive

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).

(1) This section applies if a police officer believes, on reasonable grounds, that an offender has breached any of the offender’s periodic detention obligations.

(2) The police officer may arrest the offender without a warrant.

(3) If the police officer arrests the offender, the police officer must, as soon as practicable, bring the offender before—

(a) the board; or

(b) if the board is not sitting—a magistrate.

(1) A judge or magistrate may issue a warrant for an offender’s arrest if satisfied by information on oath that there are reasonable grounds for suspecting that the offender has breached, or will breach, any of the offender’s periodic detention obligations.

(2) The warrant must—

(a) be in writing signed by the judge or magistrate; and

(b) be directed to all police officers or a named police officer; and

(c) state briefly the matter on which the information is based; and

(d) order the offender’s arrest and bringing the offender before the board.

(3) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—

(a) the board; or

(b) if the board is not sitting—a magistrate.

(1) The board may, at any time, conduct an inquiry to decide whether an offender has breached any of the offender’s periodic detention obligations.

(2) To remove any doubt, the board may conduct the inquiry—

(a) before the start of the periodic detention period of the offender’s sentence of imprisonment; and

(b) in conjunction with any other inquiry under this Act in relation to the offender.

(3) The board may conduct the inquiry—

(a) on its own initiative; or

(b) on application by the chief executive.

(4) If an offender is arrested under section 64 (Arrest without warrant —breach of periodic detention obligations) or section 65 (Arrest warrant—breach of periodic detention obligations), the board must conduct the inquiry as soon as practicable.

(1) Before starting an inquiry under section 66 in relation to an offender, the board must give written notice of the inquiry to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(2) The notice must include—

(a) the reasons for the inquiry; and

(b) invitations for the offender and the chief executive to make submissions to the board by a stated date for the inquiry.

(1) This section applies, if after conducting an inquiry under section 66 (Board inquiry—breach of periodic detention obligations) in relation to an offender, the board decides the offender has breached any of the offender’s periodic detention obligations.

(2) The board may do 1 or more of the following:

(a) take no further action;

(b) give the offender a warning about the need to comply with the offender’s periodic detention obligations;

(c) give the chief executive directions about the offender’s supervision;

(d) change the offender’s periodic detention obligations by imposing or amending an additional condition of the offender’s periodic detention;

(e) suspend the offender’s periodic detention for a stated period, but not past the end of the offender’s periodic detention period;

(f) cancel the offender’s periodic detention.

(3) An additional condition of a periodic detention must not be inconsistent with a core condition of the periodic detention.

(4) To remove any doubt, if an inquiry under section 66 in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this division with any other powers of the board in relation to the other inquiry.

(1) This section applies if the board decides that, since an offender was sentenced to serve periodic detention, the offender has been convicted or found guilty of—

(a) an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

(b) an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment.

(2) Without limiting section 68, the board must cancel the offender’s periodic detention as soon as practicable under that section.

(1) The board may, by an inquiry, review any of the following decisions of the chief executive (each of which is a reviewable decision):

(a) not to give an approval under section 55 (Periodic detention—approval not to perform etc);

(b) to give a direction under section 58 (Failing to perform periodic detention—extension of periodic detention period);

(c) to give a direction under section 60 (Offender not fit for periodic detention—extension of periodic detention period).

(2) The board may review the decision only on application by the offender under section 71.

(3) Before starting an inquiry under this section, the board must give the chief executive—

(a) written notice of the inquiry, including an invitation for the chief executive to make a submission to the board for the inquiry by a stated date; and

(b) a copy of the offender’s application.

(4) To remove any doubt, the board may conduct the inquiry in conjunction with any other inquiry under this Act in relation to the offender.

(5) After reviewing the chief executive’s decision, the board may do any of the following:

(a) confirm the chief executive’s decision;

(b) amend the chief executive’s decision;

(c) set the chief executive’s decision aside and make any decision the chief executive could have made in relation to the offender.

(6) The board must give written notice of its decision, including its reasons for the decision, to the offender and the chief executive.

Note For the content of a statement of reasons, see the Legislation Act, s 179.

(7) To remove any doubt, if the inquiry under this section in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this section with any other powers of the board in relation to the other inquiry.

(1) An offender may apply to the board for a review under section 70 of a reviewable decision under that section.

(2) The application must—

(a) be made in writing, within—

(i) 10 working days after the day the offender is given notice of the decision; or

(ii) any extended period the board allows under subsection (3); and

(b) state the grounds on which it is made.

(3) For subsection (2) (a) (ii), the board may, in writing, extend the period within which the application may be made by up to 14 working days if the board considers that giving the extension is appropriate.

(4) The making of the application does not set aside the offender’s obligation to perform periodic detention in a detention period to which the application relates.

(5) The board may reject an application without holding an inquiry if it considers the application is frivolous or vexatious.

(6) The board must give the offender notice, orally or in writing, of—

(a) an extension under subsection (3); and

(b) a rejection under subsection (5).

(1) The board may, at any time, conduct an inquiry to review an offender’s periodic detention.

(2) Without limiting subsection (1), the board may conduct an inquiry to consider whether periodic detention is, or would be, suitable for the offender.

1 the indicators of unsuitability for periodic detention set out in the Crimes (Sentencing) Act 2005, table 79

2 the history of managing the offender under periodic detention

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).

(3) To remove any doubt, the board may conduct the inquiry—

(a) before the start of the periodic detention period of the offender’s sentence of imprisonment; and

(b) in conjunction with any other inquiry under this Act in relation to the offender.

(4) The board may conduct the inquiry—

(a) on its own initiative; or

(b) on application by the offender or the chief executive.

(1) Before starting an inquiry under section 72 in relation to an offender, the board must give written notice of the inquiry to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(2) The notice must include—

(a) the reasons for the inquiry; and

(b) invitations for the offender and chief executive to make submissions to the board for the inquiry by a stated date.

(1) After conducting an inquiry under section 72 (Board inquiry—management of periodic detention) in relation to an offender, the board may do 1 or more of the following:

(a) take no further action;

(b) give the chief executive directions about the offender’s supervision;

(c) change the offender’s periodic detention obligations by imposing or amending an additional condition of the offender’s periodic detention;

(d) if subsection (3) applies—cancel the offender’s periodic detention.

a condition prohibiting association with a particular person or being near a particular place

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).

(2) An additional condition of a periodic detention must not be inconsistent with a core condition of the periodic detention.

(3) This subsection applies if the board decides any of the following:

(a) that the periodic detention should be cancelled on the offender’s application;

(b) that periodic detention is, or would be, no longer suitable for the offender.

Note For indicators of unsuitability, see s 72 (2), example 1.

(4) To remove any doubt, if an inquiry under section 72 in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this division with any other powers of the board in relation to the other inquiry.

This division applies to a decision made by the board in relation to an offender under—

(a) section 68 (Board powers—breach of periodic detention obligations); or

(b) section 74 (Board powers—management of periodic detention).

(1) The board must give written notice of its decision, including its reasons for the decision, to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

Note For the content of statements of reasons, see the Legislation Act, s 179.

(2) If the decision is to suspend or cancel the offender’s periodic detention, the notice of the decision must state where and when the offender must report for full-time detention because of the suspension or cancellation.

Note For the offender’s recommittal to full-time detention, see s 81.

(1) This section applies to a decision of the board to change an offender’s periodic detention obligations, by imposing or amending an additional condition of the periodic detention.

(2) The decision takes effect—

(a) when written notice of the decision is given to the offender under section 76; or

(b) if a later date of effect is stated in the notice—on the date stated.

(1) This section applies to a decision of the board to suspend or cancel an offender’s periodic detention.

(2) The decision takes effect—

(a) when written notice of the decision is given to the offender under section 76; or

(b) if a later date of effect is stated in the notice—on the date stated.

(3) If the decision is to suspend the offender’s periodic detention—

(a) during the suspension, the offender must be imprisoned under full-time detention; and

(b) while serving the full-time detention, is taken to comply with the offender’s periodic detention obligations.

(4) If the decision is to cancel the offender’s periodic detention, the cancellation ends the periodic detention period of the offender’s sentence of imprisonment and the offender must serve the remainder of the sentence—

(a) by full-time detention until when the periodic detention period would have ended apart from the cancellation; and

(b) otherwise in accordance with the sentence.

(1) This section applies if—

(a) the board decides to suspend or cancel an offender’s periodic detention; and

(b) when the suspension or cancellation takes effect, the offender is also subject to periodic detention under another sentence of imprisonment—

(i) whether concurrent or consecutive with the period suspended or cancelled; and

(ii) whether for the same or another offence.

(2) To remove any doubt, at the inquiry for the suspension or cancellation under this part, the board may also exercise its powers under this part in relation to the other periodic detention.

(1) This section applies if—

(a) the board decides to suspend or cancel an offender’s periodic detention; and

(b) when the suspension or cancellation takes effect, a parole order applies to the offender, whether for the same or another offence.

(2) To remove any doubt, at the inquiry for the suspension or cancellation under this part, the board may also exercise its powers under part 7.4 (Supervising parole) in relation to the offender’s parole.

(1) This section applies if the board decides to suspend or cancel an offender’s periodic detention.

(2) The board must order that the offender be placed in the chief executive’s custody to serve the relevant part of the offender’s sentence by imprisonment under full-time detention.

Note See s 78 (Periodic detention—effect of suspension or cancellation etc).

(3) If the offender is not in custody, the board may also issue a warrant for the offender to be arrested and placed in the chief executive’s custody.

(4) The warrant must—

(a) be in writing signed by the chair of the board; and

(b) be directed to all escort officers or a named escort officer.

(5) An escort officer who arrests the offender under this section must place the offender in the chief executive’s custody as soon as practicable.

This chapter applies to an offender under a good behaviour order.

(1) In this Act:

additional condition, of an offender’s good behaviour order, means—

(a) a condition of the order under the Crimes (Sentencing) Act 2005, section 13 (Good behaviour orders); or

(b) a condition of the order imposed under—

(i) part 6.5 (Good behaviour orders—breach); or

(ii) part 6.6 (Good behaviour orders—amendment and discharge); or

(c) if a condition of the order is amended under part 6.5 or part 6.6—the condition as amended.

community service condition, of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, section 85.

core condition, of an offender’s good behaviour order, means a core condition under section 85.

good behaviour obligations, of an offender, means the offender’s obligations under section 84.

good behaviour order—see the Crimes (Sentencing) Act 2005, section 13.

interested person, for an offender’s good behaviour order, means any of the following:

(a) the offender;

(b) a surety under the order;

(c) the chief executive;

(d) the director of public prosecutions.

rehabilitation program condition, of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, section 93.

An offender must—

(a) comply with the offender’s good behaviour order, including—

(i) the core conditions of the order; and

(ii) any additional condition of the order; and

(b) comply with any non-association order or place restriction order made by the sentencing court for the offender; and

(c) comply with any other requirement under this Act or the Corrections Management Act 2005 that applies to the offender.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).

(1) The core conditions of an offender’s good behaviour order are as follows:

(a) the offender must not commit—

(i) an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

(ii) an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment;

(b) if the offender is charged with an offence against a law in force in Australia or elsewhere—the offender must tell the chief executive about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge;

(c) if the offender’s contact details change—the offender must tell the chief executive about the change as soon as possible, but within 2 days after the day the offender knows the changed details;

(d) the offender must comply with any direction given to the offender by the chief executive under this Act or the Corrections Management Act 2005 in relation to the good behaviour order;

(e) any test sample given by the offender under a direction under section 94 (Community service work—alcohol and drug tests) must not be positive;

(f) if the good behaviour order is subject to a probation condition or supervision condition—the offender must not leave the ACT for more than the defined period without the chief executive’s approval;

(g) the offender must comply with any agreement made by the offender under section 104 (Good behaviour—agreement to attend court);

(h) any condition prescribed by regulation that applies to the offender.

(2) In this section:

contact details means any of the following:

(a) home address or phone number;

(b) work address or phone number;

(c) mobile phone number.

defined period means 24 hours or, if another period is prescribed by regulation, the prescribed period.

probation condition, of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, dictionary.

supervision condition means an additional condition (other than a probation condition) of a good behaviour order that requires the offender to be subject to the chief executive’s supervision.

(1) For this chapter, the chief executive may give directions, orally or in writing, to an offender.

(2) To remove any doubt, this section does not limit section 320 (Chief executive directions—general).

A good behaviour order for an offender ends—

(a) at the end of the term of the order; or

(b) if the order is cancelled or discharged earlier under part 6.5 or part 6.6—when the cancellation or discharge takes effect.

This part applies if an offender’s good behaviour order is subject to a community service condition.

To comply with a community service condition of an offender’s good behaviour order, the offender must comply with the requirements of this part.

(1) The chief executive may direct an offender, orally or in writing, to do community service work that the chief executive considers suitable for the offender.

(2) The direction must include details of the following:

(a) the community service work the offender must do;

(b) the place to which the offender must report for the work (the reporting place);

(c) the time when the offender must report;

(d) the person (if any) to whom the offender must report (the work supervisor);

(e) the person the offender must tell if subsection (6) applies (the corrections supervisor).

(3) The direction may also include a requirement to be satisfied when reporting to do the community service work.

1 the kinds of clothing, personal possessions and other things that the offender must or must not have when reporting for the work

2 cleanliness when reporting for the work

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).

(4) A direction under this section takes effect—

(a) when it is given to the offender; or

(b) if a later date of effect is stated in the direction—on the date stated.

(5) The offender must comply with the direction.

(6) However—

(a) the offender is not required to do work the offender is not capable of doing; and

(b) the direction must, as far as practicable, avoid any interference with the offender’s normal attendance at another place for work or at a school or other educational institution.

(7) The offender must also comply with any reasonable direction given to the offender, orally or in writing, by the work supervisor in relation to the community service work.

(8) If the offender cannot comply with the chief executive’s direction under this section, the offender must—

(a) tell the corrections supervisor as soon as possible; and

(b) comply with the corrections supervisor’s directions.

1 the community service work to which the direction applies is not available at the place

2 it is impracticable for the offender to do the community service work

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).

(1) This section applies if an offender—

(a) fails to report to do community service work in accordance with a direction under section 90; or

(b) fails to do community service work in accordance with a direction under section 90; or

(c) fails to comply with a reasonable direction given to the offender by the work supervisor under section 90 in relation to the community service work.

(2) The chief executive may direct the offender, orally or in writing, not to do the community service work and to leave the place where it was to be done.

(1) An offender must not do, or be credited with, more than 8 hours of community service work on any day.

(2) To work out the time spent by the offender doing community service work—

(a) only actual work time, and any breaks from work approved by the work supervisor or corrections supervisor under section 90, is counted; and

(b) if the total work time on any day includes part of an hour—that part is counted as 1 hour.

1 An offender, Sunny, is scheduled to perform 8 hours of community service work on a particular day. However, Sunny goes home sick after performing 2 hours and 10 minutes of community service work. He must be credited with having performed 3 hours work on that day.

2 Another offender, Fleur, is scheduled to perform 5 hours of community service work on that day. However, she works just 35 minutes because of bad weather. Fleur must be credited with having performed work for 1 hour on that day.

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).

An offender must tell the chief executive as soon as possible about any change of which the offender is aware in the offender’s physical or mental condition that affects the offender’s ability to do community service work safely.

The indicators of unsuitability for community service set out in the Crimes (Sentencing) Act 2005, table 90.

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).

(1) The chief executive may direct an offender, orally or in writing, to give a test sample when reporting to do community service work.

(2) The provisions of the Corrections Management Act 2005 relating to alcohol and drug tests apply in relation to a direction under this section and any sample given under the direction.

(1) The chief executive may direct an offender, orally or in writing, to submit to a frisk search when reporting to do community service work.

(2) The provisions of the Corrections Management Act 2005 relating to frisk searches apply in relation to a direction under this section and any frisk search conducted under the direction.

(1) This section applies if the Territory makes an agreement with an entity under which the offender may participate in community service work for the entity.

(2) The chief executive must ensure that the agreement requires the entity, on the chief executive’s request, to give the chief executive written reports about the offender’s participation in the community service work.

This part applies if an offender’s good behaviour order is subject to a rehabilitation program condition.

To comply with a rehabilitation program condition of an offender’s good behaviour order, the offender must comply with the requirements of this part.

(1) The chief executive may give an offender directions, orally or in writing, in relation to a rehabilitation program condition to which the offender’s good behaviour order is subject.

(2) Without limiting subsection (1), a direction may include details of the following:

(a) the program the offender must attend;

(b) the place to which the offender must report for the program;

(c) the time when the offender must report;

(d) the person (if any) to whom the offender must report.

(1) This section applies if the Territory makes an agreement with an entity under which an offender may participate in a rehabilitation program provided by the entity.

(2) The chief executive must ensure that the agreement requires the entity, on the chief executive’s request, to give the chief executive written reports about the offender’s participation in the rehabilitation program.

(1) This section applies if a corrections officer believes, on reasonable grounds, that an offender has breached any of the offender’s good behaviour obligations.

(2) If the breach relates to a core condition of the good behaviour order, the corrections officer must report the belief to the sentencing court.

(3) If the breach relates to anything else in relation to the good behaviour order, the corrections officer may report the belief to the sentencing court.

(4) A report under this section must be made in writing and set out the grounds for the corrections officer’s belief.

(1) This section applies if a police officer believes, on reasonable grounds, that an offender has breached any of the offender’s good behaviour obligations.

(2) The police officer may arrest the offender without a warrant.

(3) If the police officer arrests the offender, the police officer must, as soon as practicable, bring the offender before—

(a) the sentencing court; or

(b) if the sentencing court is not sitting—a magistrate.

(1) A judge or magistrate may issue a warrant for an offender’s arrest if satisfied, by information on oath that—

(a) there are reasonable grounds for suspecting that the offender has breached, or will breach, any of the offender’s good behaviour obligations; or

(b) the offender has failed to comply with—

(i) an agreement under section 104 (Good behaviour—agreement to attend court); or

(ii) a summons under section 105 (Good behaviour—summons to attend court).

(2) The warrant must—

(a) be in writing signed by the judge or magistrate; and

(b) be directed to all police officers or a named police officer; and

(c) state briefly the matter on which the information is based; and

(d) order the offender’s arrest and bringing the offender before the sentencing court.

(3) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—

(a) the sentencing court; or

(b) if the sentencing court is not sitting—a magistrate.

A police officer or corrections officer may ask an offender to sign a voluntary agreement to appear before the sentencing court.

(1) This section applies if an information is laid before a magistrate alleging that an offender has breached any of the offender’s good behaviour obligations.

(2) The magistrate may issue a summons directing the offender to appear before the sentencing court to be dealt with under this part.

(3) The registrar of the Magistrates Court must ensure that a copy of the summons is given to each interested person for the good behaviour order.

(1) If the Supreme Court finds an offender guilty of an offence committed during the term of the offender’s good behaviour order, the court may deal with the offender under this part for breach of the offender’s good behaviour obligations.

(2) If the Magistrates Court finds an offender guilty of an offence committed during the term of the offender’s good behaviour order, and the order was made or changed by the Supreme Court, the Magistrates Court must, in addition to dealing with the offender for the offence, commit the offender to the Supreme Court to be deal with under this part for breach of the offender’s good behaviour obligations.

(3) For subsection (2), a magistrate may remand the offender in custody until the offender can be brought before the Supreme Court.

(1) This section applies if—

(a) a court is satisfied an offender has breached any of the offender’s good behaviour obligations; and

(b) section 109 (Cancellation of good behaviour order with suspended sentence order) does not apply to the offender’s good behaviour order.

(2) The court may do 1 or more of the following:

(a) take no further action;

(b) give the offender a warning about the need to comply with the offender’s good behaviour obligations;

(c) give the chief executive directions about the offender’s supervision;

(d) amend the good behaviour order;

(e) if the offender has given security under the order—

(i) order payment of the security to be enforced; and

(ii) order the good behaviour order to be cancelled on payment of the security (if the term of the order has not already ended);

(f) cancel the order.

impose or amend an additional condition of the order, or amend the term of the order

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).

(3) If the court cancels the good behaviour order, the court must—

(a) if section 108 applies to the offender’s good behaviour order—deal with the offender under that section; or

(b) in any other case—re-sentence the offender for the offence for which the good behaviour order was made (the relevant offence).

(4) The Crimes (Sentencing) Act 2005 applies to the re-sentencing in the same way that it applies to the sentencing of an offender on a conviction for the relevant offence.

(5) The court’s powers under this section are subject to section 112 (Good behaviour orders—limitations on amendment or discharge).

(6) To remove any doubt, an offender re-sentenced by a court under this section has the same right of appeal as the offender would have had if sentenced by the court on being convicted of the relevant offence.

(1) This section applies if—

(a) an offender’s good behaviour order was made under the Crimes (Sentencing) Act 2005, section 17 (2) (b) (Non-conviction orders—general); and

(b) a court cancels the order under section 107.

(2) The court must—

(a) convict the offender of the offence for which the good behaviour order was made; and

(b) sentence the offender for the offence.

(3) The Crimes (Sentencing) Act 2005 applies to the sentencing in the same way that it applies to the sentencing of an offender on conviction for the offence.

(1) This section applies if—

(a) an offender’s good behaviour order was made under the Crimes (Sentencing) Act 2005, section 12 (3) (Suspended sentences) on the offender’s conviction for an offence; and

(b) a court is satisfied the offender has breached any of the offender’s good behaviour obligations.

(2) The court must cancel the good behaviour order and either—

(a) impose the suspended sentence imposed for the offence; or

(b) re-sentence the offender for the offence.

(3) If the offender has given security under the good behaviour order, the court may also—

(a) order payment of the security to be enforced; and

(b) order the good behaviour order to be cancelled on payment of the security (if the term of the order has not already ended).

(4) The Crimes (Sentencing) Act 2005 applies to the re-sentencing in the same way that it applies to the sentencing of an offender on conviction for the offence.

The Magistrates Court convicted Desmond of an offence. The court sentenced Desmond to imprisonment for 6 months for the offence and made a suspended sentence order for the entire sentence of imprisonment. The court also made a good behaviour order for the 6-month period. Desmond breaches the order. In re-sentencing Desmond, the court may impose a sentence of imprisonment to be served by periodic detention.

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).

(5) To remove any doubt, an offender re-sentenced by a court under this section has the same right of appeal as the offender would have had if sentenced by the court on being convicted of the offence.

(1) This section applies if a court cancels the offender’s good behaviour order under section 107, or section 109, and orders enforcement of payment of the security under the order.

(2) When filed by the registrar of the court, the cancelled good behaviour order has the same effect as a final judgment of the court in favour of the Territory against the offender and any surety bound by the order.

(3) To remove any doubt, the security under the cancelled good behaviour order may be enforced—

(a) as if it were a judgment mentioned in subsection (2); and

(b) whether or not the order remains in force; and

(c) even though the court sentences or re-sentences the offender for the offence.

(1) A court may, by order—

(a) amend an offender’s good behaviour order; or

(b) discharge an offender’s good behaviour order.

The court may impose or amend an additional condition of the order, or amend the term of the order.

The court is satisfied that the conduct of the offender makes it unnecessary that the offender continue to be bound by the order.

Note 1 Amend includes omit or substitute (see Legislation Act, dict, pt 1).

Note 2 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).

(2) The court may act under this part—

(a) on its own initiative; or

(b) on application by an interested person for the good behaviour order.

(3) The amendment of the good behaviour order takes effect as stated in the court order.

(4) This section is subject to section 112.

(1) A court must not amend an offender’s good behaviour order—

(a) to increase the number of hours of community service work to be done under the order; or

(b) for an order mentioned in the Crimes (Sentencing) Act 2005, section 17 (7) (Non-conviction orders—general)—to extend the term of the order beyond 3 years.

(2) A court may not amend an offender’s good behaviour order in a way that would be inconsistent with a core condition of the order.

(3) If the Supreme Court made, or amended, an offender’s good behaviour order, the Magistrates Court must not amend the order in a way that would be inconsistent with the order as made, or amended, by the Supreme Court.

(4) However, subsection (3) does not apply to a requirement, incidental to a proceeding before the Magistrates Court, that is not inconsistent with the substance of the good behaviour as made, or amended, by the Supreme Court.

(5) If the Supreme Court made or amended an offender’s good behaviour order, the Magistrates Court must not discharge the order.

(1) This section applies if a court amends an offender’s good behaviour order by—

(a) extending the term of the order; or

(b) amending or including an additional condition in the order.

(2) Any surety under the good behaviour order is not bound by the amendment without the surety’s agreement.

(3) If the surety does not agree to be bound by the amendment, the court must direct the extent (if any) to which the surety’s unchanged obligations are to operate under the amended order.

(4) If the court gives a direction under subsection (3), the surety is bound under the good behaviour order only as stated in the direction.

(1) An interested person for a good behaviour order may appear before a court in a proceeding under this chapter.

(2) A court must give each interested person for a good behaviour order (whether or not the person appeared before the court)—

(a) written notice of the court’s decision; and

(b) a copy of any order or direction by the court.

A court may act under this chapter in relation to anything arising during the term of a good behaviour order, even if the term of the order has ended.

In this Act:

additional condition, of an offender’s parole order, means—

(a) a condition of the order imposed under—

(i) part 7.2 (Making of parole orders); or

(ii) part 7.4 (Supervising parole); or

(b) if the condition is amended under part 7.4 (Supervising parole)—the condition as amended.

application, for parole, means an ordinary parole application or a special parole application.

core condition, of an offender’s parole order, means a core condition under section 136.

ordinary parole application—see section 120 (3).

parole eligibility date, for an offender—see section 117.

parole obligations, of an offender, means the offender’s obligations under section 135.

parole order, other than in part 7.6 (Interstate transfer of parole orders), means a parole order under—

(a) section 125 (Parole applications—decision after inquiry without hearing); or

(b) section 128 (Parole applications—decision after hearing).

parole release date, for an offender—see section 131 (3) (a).

special parole application—see section 120 (3).

victim—a person is a victim of an offender if—

(a) this chapter applies to a sentence of imprisonment for an offence by the offender; and

(b) the person is a victim of the offender because of the offence.

(1) For this Act, an offender’s parole eligibility date is—

(a) the date the offender’s nonparole period ends; or

(b) if the offender is subject to more than 1 sentence for which a nonparole period has been set—the day the last of the nonparole periods ends.

Note Nonparole period is defined in the dict.

(2) However, if the offender is also serving a sentence of imprisonment for which a nonparole period has not been set (the excluded sentence) and the nonparole period for the other sentence has ended, the offender’s parole eligibility date is the day the excluded sentence ends.

This part applies to an offender under a sentence of imprisonment for which a nonparole period has been set.

(1) The board may make a parole order for an offender only if it considers that parole is appropriate for the offender, having regard to the principle that the public interest is of primary importance.

Note Subsection (1) does not apply in relation to special parole applications (see s 125 and s 128).

(2) In deciding whether to make a parole order for an offender, the board must consider the following matters:

(a) any relevant recommendation, observation and comment made by the sentencing court;

(b) the offender’s antecedents;

(c) any submission made, and concern expressed, to the board by a victim of the offender;

(d) the likely effect of the offender being paroled on any victim of the offender, and on the victim’s family, and, in particular, any concern, of which the board is aware, expressed by or for the victim, or the victim’s family, about the need for protection from violence or harassment by the offender;

(e) any report required by regulation in relation to the granting of parole to the offender;

(f) any other report prepared by or for the Territory in relation to the granting of parole to the offender;

(g) the offender’s conduct while serving the offender’s sentence of imprisonment;

(h) the offender’s participation in activities while serving the sentence of imprisonment;

(i) the likelihood that, if released on parole, the offender will commit further offences;

(j) the likelihood that, if released on parole, the offender will comply with any condition to which the parole order would be subject;

(k) whether parole is likely to assist the offender to adjust to lawful community life;

(l) any special circumstances in relation to the application;

(m) anything else prescribed by regulation.

(3) Subsection (2) does not limit the matters the board may consider.

(1) An offender may apply to the board for parole no earlier than 6 months before the offender’s parole eligibility date.

(2) However, if the offender believes there are exceptional circumstances, the offender may apply to the board for parole any time before the offender’s parole eligibility date.

(3) An application under subsection (1) is an ordinary parole application and an application under subsection (2) is a special parole application.

(4) A special parole application must include a written submission from the offender about the exceptional circumstances in support of the application.

(5) An application for parole must be in writing.

Note If a form is approved under s 323 for a parole application, the form must be used.

(6) An application for parole may be made even though—

(a) another parole application by the offender has previously been refused; or

(b) another parole order for the offender has previously been cancelled.

(1) The board must, without holding an inquiry, reject a special parole application that does not include the written submission mentioned in section 120 (4).

(2) The board may, without holding an inquiry, reject an application for parole by an offender if—

(a) satisfied the application is frivolous, vexatious or misconceived; or

(b) the board refused to make a parole order for the offender within the 12-month period before the application was made.

1 an exceptional circumstances application was refused less than 12 months before the offender’s parole eligibility date

2 the offender’s later application includes new information or new reasons for the application

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).

(3) The board must give written notice of the rejection of an application under this section to—

(a) the offender; and

(b) the chief executive.

(4) The notice must include a statement of the board’s reasons for the rejection.

Note For the content of a statement of reasons, see the Legislation Act, s 179.

(5) To remove any doubt, section 119 (Criteria for making parole orders) and section 122 do not apply to the rejection of an application for parole under this section.

(1) Before starting an inquiry into an application for parole by an offender, the board must take reasonable steps to give notice of the inquiry to each registered victim of the offender.

Note Section 123 deals with what must be included in the notice.

(2) The board may give notice of the inquiry to any other victim of the offender if satisfied the circumstances justify giving the victim notice of the inquiry.

(3) For this section, the chief executive may make an arrangement with the board for a public servant—

(a) to assist the board; or

(b) to assist any victim of the offender, or any member of the victim’s family, to make a submission, or tell the board about any concern, in accordance with the notice.

an arrangement for a victim liaison officer to assist the board or victims

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).

(4) If a victim of the offender is a child under 15 years old—

(a) the chief executive may give notice of the inquiry to a relevant person; and

(b) a relevant person may make a submission, or tell the board about any concern, in accordance with the notice on behalf of the victim.

(5) In subsection (4):

relevant person means a person who has parental responsibility for the victim under the Children and Young People Act 1999, section 18.

(6) Subsection (4) does not limit the cases in which the board may give information to a person acting for a victim or a member of a victim’s family.

(1) A notice under section 122 must include the following:

(a) an invitation to the victim to—

(i) make a written submission to the board about a parole order being made for the offender, including the likely effect on the victim, or on the victim’s family, if the order were to be made; or

(ii) tell the board, in writing, about any concern of the victim or the victim’s family about the need to be protected from violence or harassment by the offender;

(b) a statement to the effect that any submission made, or concern expressed, in writing to the board within the period stated in the notice will be considered in deciding—

(i) whether a parole order should be made for the offender; and

(ii) if a parole order is made—the conditions (if any) that will be imposed on the parole order by the board;

(c) information about the offender to assist the victim, or a member of the victim’s family, to make a submission, or tell the board about any concern, under paragraph (a);

(d) information about any assistance available to the victim or family member to make the submission, or tell the board about any concern, under paragraph (a).

1 the offender’s conduct while serving the sentence

2 the core conditions of a parole order

(2) For subsection (1) (b), the period stated must be a reasonable time (not less than 7 days after the day the victim is given the notice) to allow the victim or family member to make a written submission, or express concern, to the board in writing.

(3) The notice may include anything else the board considers appropriate.

(1) The board must conduct an inquiry, without holding a hearing, into a parole application by an offender (unless the application is rejected under section 121).

(2) If the application is an ordinary parole application, and the application does not include a written submission from the offender about the offender’s parole, the board must—

(a) by written notice, ask the offender to make a written submission to the board for the inquiry within 14 days after the day the offender receives the notice; and

(b) after the 14-day period, hold the inquiry whether or not the offender makes the submission requested.

Note A special parole application must be rejected if it does not include a written submission about the exceptional circumstances (see s 121 (1)).

(3) The board must give written notice of the inquiry to—

(a) the chief executive; and

(b) the director of public prosecutions.

(4) The notice must include invitations for the offender and the chief executive to make submissions to the board by a stated date for the inquiry.

(5) The inquiry must consider whether, on the documents currently before the board, the offender should be released on parole.

(1) This section applies if the board has conducted an inquiry for section 124 into an application for parole by an offender.

(2) The board must—

(a) if the board considers that the documents currently before it justify paroling the offender—make a written order (a parole order) granting the offender parole on the date stated in the order; or

(b) if the board considers that the documents currently before it do not justify paroling the offender—

(i) set a time for a hearing by the board about the offender’s parole; and

(ii) give notice under section 126 of the hearing.

(3) If the application is an ordinary parole application, the date stated in a parole order for the offender must be—

(a) the offender’s parole eligibility date; or

(b) if the order is made on or after the offender’s parole eligibility date—a date within a reasonable time after the order is made.

(4) If the application is a special parole application—

(a) section 119 (1) (Criteria for making parole orders) does not apply to the board’s consideration of the application; and

(b) the board may make a parole order for the offender only if satisfied there are exceptional circumstances for paroling the offender before the offender’s parole eligibility date.

(1) The board must give written notice of a hearing required by section 125 (2) (b) to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(2) The notice must include the following:

(a) a statement to the effect that the board considers that the documents before it do not justify paroling the offender;

(b) details of when and where the hearing is to be held;

(c) an invitation to the offender to tell the board, within 7 days after the day the offender receives the notice and in writing, if the offender wishes to do either or both of the following:

(i) appear at the hearing;

(ii) make a submission to the board about being paroled;

(d) a statement about the effect of section 127.

(3) The notice—

(a) may include anything else the board considers appropriate; and

(b) subject to section 191 (Confidentiality of board documents), must be accompanied by a copy of any report or other document intended to be used by the board in deciding whether the offender should be paroled.

The board is taken to have made a decision refusing to parole the offender if—

(a) the offender does not respond to the invitation mentioned in section 126 (2) (c); or

(b) the offender tells the board, in accordance with the invitation mentioned in section 126 (2) (c), that the offender will make a submission but the submission is not given to the board within 21 days after the day the board is told the submission will be made; or

(c) the offender does not give the board a submission about being released on parole or attend the hearing.

(1) This section applies if the board conducts a hearing into an application for parole by an offender.

(2) The board must—

(a) make a written order (a parole order) granting the offender parole on the date stated in the order; or

(b) refuse to make a parole order for the offender.

(3) If the application is an ordinary parole application, the date stated in a parole order for the offender must be—

(a) the offender’s parole eligibility date; or

(b) if the order is made on or after the offender’s parole eligibility date—a date within a reasonable time after the order is made.

(4) If the application is a special parole application—

(a) section 119 (1) (Criteria for making parole orders) does not apply to the board’s consideration of the application; and

(b) the board may make a parole order for the offender only if satisfied there are exceptional circumstances for paroling the offender before the offender’s parole eligibility date.

(5) The board must make its decision under this section within 60 days after the day the board begins its hearing of the application.

(1) This section applies if the board makes a parole order for an offender.

(2) The board may impose any condition (an additional condition) it considers appropriate on the offender’s parole order.

(3) For subsection (2), the board must have regard to any condition recommended under the Crimes (Sentencing) Act 2005, section 67 by the sentencing court for the offender’s sentence to which the parole relates.

A parole order for an offender takes effect when the offender is released from imprisonment under the order.

(1) This section applies if the board makes a parole order for an offender.

(2) The board must ensure that reasonable steps are taken to explain to the offender in general terms (and in language the offender can readily understand)—

(a) the offender’s parole obligations; and

(b) the consequences if the offender breaches any of the obligations.

(3) The board must also tell the offender—

(a) the date (the parole release date) stated in the order for the offender’s release from imprisonment; and

(b) when the parole order ends.

(4) The board must ensure that a written record of the explanation is given to the offender.

(1) This section applies if the board makes a decision to make, or refuse to make, a parole order for an offender.

(2) The board must give written notice of its decision to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions;

(d) the chief police officer.

(3) The board—

(a) must also, as soon as practicable, take reasonable steps to give each relevant victim written information, about—

(i) the board’s decision; and

(ii) if the board decided to make a parole order for the offender—the offender’s parole release date and, in general terms, the offender’s parole obligations; and

(b) may tell a relevant victim the general area where the offender will live on parole.

(4) If a victim of the offender is a child under 15 years old—

(a) the chief executive may give notice of the inquiry to a relevant person; and

(b) a relevant person may make a submission, or tell the board about any concern, in accordance with the notice on behalf of the victim.

(5) Subsection (4) does not limit the cases in which the board may give information to a person acting for a victim or a member of a victim’s family.

(6) In this section:

relevant person means a person who has parental responsibility for the victim under the Children and Young People Act 1999, section 18.

relevant victim means each of the following:

(a) a victim of the offender who made a submission to the board, or told the board about any concern, under section 122 (Board to seek victim’s views for parole inquiry);

(b) any other victim of the offender that the board is aware has expressed concern, or has had concern expressed on their behalf, about the need for the victim, or the victim’s family, to be protected from violence or harassment by the offender;

(c) a registered victim of the offender.

This part applies to an offender under a sentence of imprisonment if the board makes a parole order for the offender.

(1) A parole order for an offender authorises anyone having custody of the offender for the offender’s sentence of imprisonment to release the offender in accordance with the order.

(2) However, the parole order does not authorise the release of the offender if the offender is required to be kept in custody in relation to another offence against a territory law, or an offence against a law of the Commonwealth, a State or another Territory.

(3) The offender must be released from imprisonment under the offender’s sentence of imprisonment on the offender’s parole release date.

(4) The offender may be released from the imprisonment at any time on the parole release date.

(5) However, if the parole release date is not a working day at the place of imprisonment, the offender may be released from the imprisonment at any time during the last working day at that place before the release date if the offender asks to be released on that day.

Note Working day is defined in the Legislation Act, dict, pt 1.

An offender must, while on parole—

(a) comply with the offender’s parole order, including—

(i) the core conditions of the order; and

(ii) any additional condition of the order; and

(b) comply with any other requirement under this Act or the Corrections Management Act 2005 that applies to the offender.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a regulation (see Legislation Act, s 104).

(1) The core conditions of an offender’s parole order are as follows:

(a) the offender must not commit—

(i) an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

(ii) an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment;

(b) if the offender is charged with an offence against a law in force in Australia or elsewhere—the offender must tell the chief executive about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge;

(c) if the offender’s contact details change—the offender must tell the chief executive about the change as soon as possible, but within 2 days after the day the offender knows the changed details;

(d) the offender must comply with any direction given to the offender by the chief executive under this Act or the Corrections Management Act 2005 in relation to the offender’s parole;

(e) the offender must appear before the board as required, or agreed by the offender, under section 204 (Appearance by offender at board hearing);

(f) any condition prescribed by regulation that applies to the offender.

(2) In this section:

contact details means the offender’s—

(a) home address and phone number; and

(b) work address and phone number; and

(c) mobile phone number.

(1) For this chapter, the chief executive may give directions, orally or in writing, to an offender.

(2) To remove any doubt, this section does not limit section 320 (Chief executive directions—general).

(1) An offender is taken, during a period, to be serving the sentence of imprisonment for which parole was granted if—

(a) the offender is taken into lawful custody during the period while on parole; and

(b) the custody is only in relation to the offender’s parole obligations.

a period during which the offender is remanded in custody under s 143 (Arrest without warrant—breach of parole obligations)

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).

(2) To remove any doubt, the offender is not taken to be serving the sentence of imprisonment for which the parole was granted if the reason for the custody is, or includes, anything other than the offender’s parole obligations.

nonpayment of a fine or other amount (including restitution) under a court order

(1) An offender is taken, while on parole, to be under the sentence of imprisonment for which the parole was granted and not to have served any period of the imprisonment that remained to be served on the offender’s parole release date, unless—

(a) the parole ends without the parole order being cancelled under part 7.4 (Supervising parole); or

(b) the offender is otherwise discharged from the imprisonment.

(2) However, subsection (1) is subject to section 138.

(3) If an offender’s parole order in relation to a sentence of imprisonment ends without the order being cancelled, the offender is taken to have served the period of imprisonment that remained to be served on the parole release date and to have been discharged from the imprisonment.

Note For the consequences of the cancellation of parole, see s 159.

An offender’s parole order ends—

(a) at the end of the period of imprisonment under the sentence for which the parole was granted that remained to be served on the offender’s parole release date; or

(b) if the order is cancelled earlier under this chapter—when the cancellation takes effect.

This part applies to an offender who is, or has been, on parole.

(1) This section applies if a corrections officer believes, on reasonable grounds, that an offender has breached any of the offender’s parole obligations.

(2) If the breach relates to a core condition of the parole order, the corrections officer must report the belief to the board in writing.

(3) If the breach relates to anything else in relation to the parole order, the corrections officer may report the belief to the board in writing.

(4) The report must be accompanied by a copy of a written record in support of the corrections officer’s belief.

(1) This section applies if a police officer believes, on reasonable grounds, that an offender has breached any of the offender’s parole obligations.

(2) The police officer may arrest the offender without a warrant.

(3) If a police officer arrests the offender, the police officer must, as soon as practicable, bring the offender before—

(a) the board; or

(b) if the board is not sitting—a magistrate.

(1) A judge or magistrate may issue a warrant for an offender’s arrest if satisfied by information on oath that there are reasonable grounds for suspecting that the offender has breached, or will breach, any of the offender’s parole obligations.

(2) The warrant must—

(a) be in writing signed by the judge or magistrate; and

(b) be directed to all police officers or a named police officer; and

(c) state briefly the matter on which the information is based; and

(d) order the offender’s arrest and bringing the offender before the board.

(3) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—

(a) the board; or

(b) if the board is not sitting—a magistrate.

(1) The board may, at any time, conduct an inquiry to decide whether an offender has breached any of the offender’s parole obligations.

(2) To remove any doubt, the board may conduct the inquiry—

(a) before the offender’s release on parole; and

(b) in conjunction with any other inquiry under this Act in relation to the offender.

(3) The board may conduct the inquiry—

(a) on its own initiative; or

(b) on application by the chief executive.

(4) If an offender is arrested under section 143 (Arrest without warrant—breach of parole obligations) or section 144 (Arrest warrant—breach of parole obligations), the board must conduct the inquiry as soon as practicable.

(1) Before starting an inquiry under section 145 in relation to an offender, the board must give written notice of the inquiry to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(2) The notice must include—

(a) the reasons for the inquiry; and

(b) invitations for the offender and the chief executive to make submissions to the board by a stated date for the inquiry.

(1) This section applies if, after conducting an inquiry under section 145 (Board inquiry—breach of parole obligations) in relation to an offender, the board decides the offender has breached any of the offender’s parole obligations.

(2) The board may do 1 or more of the following:

(a) take no further action;

(b) give the offender a warning about the need to comply with the offender’s parole obligations;

(c) give the chief executive directions about the offender’s supervision;

(d) change the offender’s parole obligations by imposing or amending an additional condition of the parole order;

(e) cancel the offender’s parole order.

1 a condition prohibiting association with a particular person or being near a particular place

2 a condition that the offender participate in an activity

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).

(3) An additional condition of a parole order must not be inconsistent with a core condition of the order.

(4) To remove any doubt, if an inquiry under section 145 in relation to an offender is conducted in conjunction with any other inquiry under this Act in relation to the offender, the board may exercise its powers under this division with any other powers of the board in relation to the other inquiry.

(1) This section applies if, while an offender’s parole order is in force, the offender is convicted or found guilty by a court of an offence against a territory law that is punishable by imprisonment.

(2) The parole order is automatically cancelled when the offender is convicted or found guilty of the offence.

Note The court must make an order under s 160 (Cancellation of parole—recommittal to full-time detention).

(1) This section applies if, while an offender’s parole order is in force, the board decides that the offender has been convicted or found guilty of—

(a) an offence against a law of the Commonwealth, a State or another Territory that is punishable by imprisonment; or

(b) an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment.

(2) Without limiting section 147 (Board powers—breach of parole obligations), the board must cancel the offender’s parole order as soon as practicable under that section.

(1) This section applies to an offender if the offender’s parole order has ended other than by cancellation and, after the order ends, the board decides that—

(a) the offender has been convicted or found guilty of—

(i) an offence against a territory law, or a law of the Commonwealth, a State or another Territory that is punishable by imprisonment; or

(ii) an offence against a law of a place outside the ACT that, if it had been committed in the ACT, would be punishable by imprisonment; and

(b) the offence was committed while the offender’s parole order was in force.

(2) The board—

(a) must decide the date, or the earliest date, when the offence was committed; and

(b) is taken to have cancelled the offender’s parole on order under section 147 (Board powers—breach of parole obligations) on that date.

The board may exercise a function under this division in relation to the offender’s parole, including a function for breach of the offender’s parole order, even though the order for parole has ended.

(1) The board may, at any time, conduct an inquiry to review an offender’s parole.

(2) Without limiting subsection (1), the board may conduct the inquiry to consider whether parole is, or would be, appropriate for the offender having regard to—

(a) any information about the offender that the board became aware of after it made the offender’s parole order; or

(b) any change in circumstances applying to the offender; or

(c) the history of managing the offender under parole, including any history relating to physical or mental health or discipline.

(3) To remove any doubt, the board may conduct the inquiry—

(a) before the offender’s release under the parole order; and

(b) in conjunction with any other inquiry under this Act in relation to the offender.

(4) The board may conduct the inquiry—

(a) on its own initiative; or

(b) on application by the offender or the chief executive.

(1) Before starting an inquiry under section 152 in relation to an offender, the board must give written notice of the inquiry to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(2) The notice must include—

(a) the reasons for the inquiry; and

(b) invitations for the offender and the chief executive to make submissions to the board for the inquiry by a stated date.

(1) This section applies if—

(a) the board has made a parole order for an offender but the offender has not been released under the order; and

(b) the board has given the offender notice of an inquiry under section 153.

(2) Before starting the inquiry, the board may suspend the commencement of the parole order.

(3) If the board suspends the commencement of the parole order, the board must hold the inquiry as soon as practicable.

(4) Unless sooner revoked, the suspension ends when the board’s decision in the inquiry takes effect.

(5) Until the suspension ends, the offender must remain imprisoned under full-time detention.

(6) The board must give written notice of the suspension to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(1) After conducting an inquiry under section 152 (Board inquiry—management of parole) in relation to an offender, the board may do 1 or more of the following:

(a) take no further action;

(b) give the chief executive direction, about the offender’s supervision;

(c) change the offender’s parole obligations by imposing or amending an additional condition of the offender’s parole order;

(d) if subsection (3) applies—cancel the offender’s parole order.

a condition prohibiting association with a particular person or being near a particular place

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).

(2) An additional condition of a parole order must not be inconsistent with a core condition of the order.

(3) This subsection applies if the board decides either of the following:

(a) that the parole order should be cancelled on the offender’s application;

(b) that parole is, or would be, no longer suitable for the offender.

(4) To remove any doubt, if an inquiry under section 152 in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board’s powers under this division may be exercised with any other powers of the board in relation to the other inquiry.

(1) This section applies to a decision of the board in relation to an offender under—

(a) section 147 (Board powers—breach of parole obligations); or

(b) section 155 (Board powers—management of parole).

(2) The board must give written notice of its decision to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(3) The notice must include—

(a) the board’s reasons for the decision; and

(b) the date when the decision takes effect.

Note For the content of a statement of reasons, see the Legislation Act, s 179.

(4) If the decision is to cancel the offender’s parole, the notice of the decision must state where and when the offender must report for full-time detention because of the cancellation.

Note For the offender’s recommittal to full-time detention, see s 160.

(1) This section applies to a decision of the board to change the offender’s parole obligations, by imposing or amending an additional condition of the parole order, under part 7.4.

(2) The decision takes effect—

(a) when the board gives the offender written notice of the decision; or

(b) if a later date of effect is stated in the notice—on the date stated.

(1) This section applies to a decision of the board to cancel the offender’s parole order under part 7.4 (Supervising parole).

(2) The decision takes effect—

(a) when written notice of the decision is given to the offender under section 156 (Notice of board decisions about parole); or

(b) if a later date of effect is stated in the notice—on the date stated.

(1) This section applies if an offender’s parole order for a sentence of imprisonment is cancelled under part 7.4 (Supervising parole).

(2) If the parole order is in force immediately before the cancellation, the cancellation ends the parole order.

(3) On the cancellation of the parole order, the offender is taken not to have served any period (the remaining period) of imprisonment for the sentence that remained to be served on the offender’s parole release date.

(4) However, subsection (3) is subject to section 138 (Parole—effect of custody during order).

(5) The offender must serve the remaining period of the sentence of imprisonment—

(a) by full-time detention; and

(b) otherwise in accordance with the sentence.

(1) This section applies if an offender’s parole order is cancelled under part 7.4 (Supervising parole).

(2) The recommitting authority must order that the offender be placed in the chief executive’s custody to serve a period of imprisonment by full-time detention equal to the period of imprisonment the offender was liable to serve under the offender’s sentence on the offender’s release date for the sentence.

(3) However, subsection (2) is subject to section 138 (Parole—effect of custody during order).

(4) If the offender is not in custody, the recommitting authority may also issue a warrant for the offender to be arrested and placed in the chief executive’s custody.

(5) The warrant—

(a) must be in writing; and

(b) may be signed by a person authorised by the recommitting authority; and

(c) must be directed to all escort officers or a named escort officer.

(6) An escort officer who arrests the offender under this section must place the offender in the chief executive’s custody as soon as practicable.

(7) In this section:

recommitting authority means—

(a) if the parole order is cancelled under section 148 (Automatic cancellation of parole order for ACT offence)—the court mentioned in that section; or

(b) if the parole order is cancelled by the board—the board.

In this part:

corresponding parole law means a law of a State or another Territory that is declared to be a corresponding parole law under section 162.

designated authority, for a State or another Territory, means the entity with powers under the corresponding parole law of the State or Territory that correspond to those of the Minister under section 163.

parole order means—

(a) either—

(i) a parole order under this Act or a corresponding parole order; or

(ii) an authority under a law of a State or another Territory for the parole of a person from lawful detention; and

(b) includes a parole order registered under section 166.

Note A reference to an instrument includes a reference to the instrument as originally made and as amended (see Legislation Act, s 102).

register means register under section 166.

sentence of imprisonment includes an order, direction, declaration or other authority under which a person may be lawfully detained in a correctional centre (however described).

(1) The Minister may, in writing, declare that a law of a State or another Territory is a corresponding parole law for this Act.

(2) A declaration is a notifiable instrument.

Note  A notifiable instrument must be notified under the Legislation Act.

(1) The Minister may, on the written request of the designated authority for a State or another Territory, in writing, direct the chief executive to register a parole order that was, on the date of the request, in force under a law of the State or Territory.

(2) The Minister may, by written notice addressed to the designated authority for a State or another Territory, request that a parole order in force in the ACT be registered under the corresponding parole law of the State or Territory.

(1) If the Minister makes a request under section 163 (2), the Minister must send to the designated authority for the relevant State or Territory—

(a) the parole order to which the request applies; and

(b) the judgment or order under which the parolee became liable to the imprisonment to which the parole order applies or a certificate of conviction or warrant of commitment that is evidence, or shows, that the parolee became liable to the imprisonment; and

(c) particulars in writing of the address of the parolee last known to the Minister; and

(d) all documents relating to the parolee that were before the entity that made the parole order and any other documents relating to the parolee that appear to be likely to be of assistance to any relevant entity of the State or Territory, including, in particular, details about the parolee’s classification as a prisoner and any conviction, sentence of imprisonment, minimum term of imprisonment, period of imprisonment served, remission earned and other grant of parole; and

(e) a written report about the parolee containing additional information that appears likely to be of assistance to any relevant entity in the State or Territory.

(2) A reference in subsection (1) to a parole order, judgment, order or other document is a reference to the original or to a copy certified as a true copy by the person with custody of the original.

(1) The Minister must not direct the registration of a parole order unless satisfied, after having considered the relevant documents given to the Minister by the designated authority for the relevant State or Territory, that—

(a) having regard to the interests of the parolee, it is desirable that the parole order be registered; and

(b) the parolee—

(i) has consented to, or has requested, the registration; or

(ii) is living in the ACT.

(2) The Minister must not make a request for the registration of a parole order under the corresponding parole law of a State or another Territory unless satisfied that—

(a) having regard to the interests of the parolee, it is desirable that the parole order be registered under the corresponding parole law; and

(b) either—

(i) the parolee has consented to, or has requested, the registration of the parole order under the corresponding parole law; or

(ii) there are reasonable grounds for believing that the parolee is living in that State or Territory.

(1) If the Minister directs the chief executive under section 163 (1) (Parole order transfer—registration requests) to register a parole order, the chief executive must register the order by endorsing on the order, or a copy of the order, a memorandum signed by the chief executive to the effect that the order was registered on the date of endorsement.

(2) If the chief executive registers a parole order under subsection (1), the chief executive must—

(a) ensure that written notice of the registration, and the date of registration, of the order—

(i) is served personally on the parolee; and

(ii) is given to the designated authority for the relevant State or Territory; and

(b) give the board a copy of the documents required under paragraph (c) to be kept in a register; and

(c) while the parole order is in force in the ACT, but subject to section 164 (1) (Parole order transfer—documents for registration requests), keep in a register—

(i) the endorsed order or endorsed copy of the order; and

(ii) the judgment or order under which the parolee became liable to imprisonment to which the parole order applies, a certificate of conviction or warrant of commitment that is evidence, or shows, that the parolee became liable to the imprisonment, or a copy of the judgment, order, certificate of conviction or warrant of commitment.

(3) A reference in this section to a copy of a parole order or a copy of a judgment, order, certificate of conviction or warrant of commitment is a reference to a copy certified as a true copy by the person with custody of the original.

(1) While a parole order (including a parole order that was, at any time, in force in the ACT) is registered under section 166, ACT law applies in relation to the order and the parolee.

(2) If a parole order registered under section 166 was made under a law of a State or another Territory, subsection (1) has effect as if—

(a) each sentence of imprisonment to which the parolee was subject immediately before the making of the parole order had been imposed by the appropriate ACT court; and

(b) each period of imprisonment served by the parolee for the purpose of such a sentence had been served for the purpose of a sentence imposed by the appropriate ACT court; and

(c) the parole order had been made and were in force under this chapter.

(3) For subsection (2), the appropriate ACT court, in relation to a sentence of imprisonment, is—

(a) if the sentence was imposed by a court of summary jurisdiction or a court on appeal from a court of summary jurisdiction—the Magistrates Court; and

(b) in any other case—the Supreme Court.

(4) If a parole order registered under section 166 is cancelled under this chapter, the parolee is liable to serve a period of imprisonment by full-time detention equal to the period of imprisonment the parolee was liable to serve under the sentence on the parole release date for the sentence.

(5) However, subsection (4) is subject to section 138 (Parole—effect of custody during order).

On the registration under a corresponding parole law of a State or another Territory of a parole order that was, immediately before the registration, in force in the ACT—

(a) the parole order ceases to be in force in the ACT; and

(b) if the parole order was registered under section 166—the parole order ceases to be registered; and

(c) each sentence of imprisonment to which the parolee was subject immediately before that registration ceases to have effect in the ACT.

(1) An instrument that purports to be a memorandum endorsed on a parole order, or a copy of the parole order, on a stated date under section 166 (1) (Parole order transfer—registration), and to have been signed by the chief executive, is evidence that the parole order was registered under this Act on that date.

(2) A parole order registered under this Act is admissible in evidence in any court by the production of a copy of the order certified as a true copy by the chief executive, and the copy is evidence of the matters stated in the order.

The Sentence Administration Board is established.

Note The Legislation Act, dict, pt 1 defines establish as including continue in existence.

(1) The board has the following functions:

(a) the functions given to the board under the following provisions:

(i) chapter 5 (Periodic detention);

(ii) chapter 7 (Parole);

(iii) part 13.1 (Release on licence);

(b) on request, to provide advice to a Minister about an offender or a young offender;

(c) to exercise any other function given to the board under this Act or any other territory law.

Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

(2) In this section:

young offender—see the Children and Young People Act 1999, section 64.

The board consists of the members appointed under section 173.

(1) The Minister must appoint the following board members:

(a) a chair;

(b) at least 1 deputy chair and not more than 2 deputy chairs;

(c) not more than 8 other members.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(2) The Minister may appoint a person to be chair or deputy chair only if the person is judicially qualified.

(3) The members mentioned in subsection (1) (a) and (b) are the judicial members of the board, and the members mentioned in subsection (1) (c) are the non-judicial members of the board.

(4) The Supreme Court Act 1933, section 16 (Holding other judicial offices) does not apply to the appointment of a judge as a judicial member.

(5) The Magistrates Court Act 1930, section 7G (Magistrates not to do other work) does not apply to the appointment of a magistrate as a judicial member.

(6) The appointment of a person who is a judge or magistrate as a judicial member does not affect the person’s office of judge or magistrate.

(7) A person who is a judge or magistrate may exercise the powers of his or her office as judge or magistrate even though the person is a judicial member.

(8) For this section, each of the following are judicially qualified:

(a) a judge or retired judge;

(b) a magistrate or retired magistrate;

(c) a person qualified to be appointed as a judge.

The conditions of appointment of a board member are the conditions agreed between the Minister and the member, subject to any determination of the Remuneration Tribunal Act 1995.

(1) The appointment of a board member must not be for longer than 3 years.

Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

(2) The instrument appointing, or evidencing the appointment of, a board member must state whether the person is appointed as the chair, a deputy chair or a non-judicial member.

(1) If a board member has a material interest in an issue being considered, or about to be considered, by the board, the member must disclose the nature of the interest at a board meeting as soon as possible after the relevant facts have come to the member’s knowledge.

(2) The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not—

(a) be present when the board considers the issue; or

(b) take part in a decision of the board on the issue.

Albert, Boris and Chloe are members of the board. They have an interest in an issue being considered at a board meeting and they disclose the interest as soon as they become aware of it. Albert’s and Boris’ interests are minor but Chloe has a direct financial interest in the issue.

The board considers the disclosures and decides that because of the nature of the interests:

• Albert may be present when the board considers the issue but not take part in the decision

• Boris may be present for the consideration and take part in the decision.

The board does not make a decision allowing Chloe to be present or take part in the board’s decision. Accordingly, Chloe cannot be present for the consideration of the issue or take part in the decision.

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).

(3) Any other board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).

(4) In this section:

associate, of a person, means—

(a) the person’s business partner; or

(b) a close friend of the person; or

(c) a family member of the person.

executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management (whether or not the person is a director of the corporation).

indirect interest—without limiting the kind of indirect interest a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:

(a) an associate of the person;

(b) a corporation with not more than 100 members that the person, or an associate of the person, is a member of;

(c) a subsidiary of a corporation mentioned in paragraph (b);

(d) a corporation that the person, or an associate of the person, is an executive officer of;

(e) the trustee of a trust that the person, or an associate of the person, is a beneficiary of;

(f) a member of a firm or partnership that the person, or an associate of the person, is a member of;

(g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

material interest—a board member has a material interest in an issue if the member has—

(a) a direct or indirect financial interest in the issue; or

(b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

(1) The Minister may end the appointment of a board member—

(a) if the member contravenes a territory law; or

(b) for misbehaviour; or

(c) if the member becomes bankrupt or executes a personal insolvency agreement; or

(d) if the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

(e) if the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

(f) if the member contravenes section 176 (Disclosure of interests by board members).

Note A member’s appointment also ends if the member resigns (see Legislation Act, s 210).

(2) The Minister must end the appointment of a board member—

(a) if the member is absent from 3 consecutive meetings of the board, without leave approved by the Minister; or

(b) if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or

(c) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions; or

(d) for a judicial member, if the member is no longer a judicially qualified person.

(3) In this section:

judicially qualified—see section 173 (8) (Appointment of board members).

(1) In this section:

official means—

(a) a board member; or

(b) the secretary.

(2) An official, or anyone engaging in conduct under the direction of an official, is not civilly liable for conduct engaged in honestly and not recklessly—

(a) in the exercise of a function under this Act; or

(b) in the reasonable belief that the conduct was in the exercise of a function under this Act.

(3) Any liability that would, apart from this section, attach to a person attaches to the Territory.

For this Act, the board’s supervisory functions are its functions under the following provisions:

(a) chapter 5 (Periodic detention);

(b) chapter 7 (Parole);

(c) part 13.1 (Release on licence).

(1) The supervisory functions of the board must be exercised by a division of the board.

(2) In exercising a supervisory function, the division of the board is taken to be the board.

(1) The chair must ensure that there are enough divisions of the board for the proper exercise of the board’s supervisory functions.

(2) Each division is to consist only of the following members assigned by the chair:

(a) a judicial member;

(b) 2 non-judicial members.

(3) To remove any doubt—

(a) a division of the board, as constituted at any time, may exercise any supervisory function of the board; and

(b) the chair may assign board members to a division from time to time for the exercise of the board’s supervisory functions in a particular case or in any case; and

(c) a judicial member or non-judicial member may be assigned to 2 or more divisions at the same time.

(1) Meetings of the board are to be held when and where it decides.

(2) The chair of the board may at any time call a meeting.

(3) The chair must give the other members reasonable notice of the time and place of a meeting called by the chair.

(4) The board may adjourn a proceeding, for any reason it considers appropriate, to a time and place decided by it.

The chair, or another judicial member nominated by the chair, presides at a meeting of the board.

(1) Business may be carried out at a meeting of the board only if 3 members are present, including at least 1 judicial member and at least 2 non-judicial members.

(2) This section is subject to section 180 (Exercise of board’s supervisory functions).

(1) At a meeting of the board each member has a vote on each question to be decided.

(2) A question is decided by a majority of the votes of members present and voting but, if the votes are equal, the presiding member has a casting vote.

(1) The board may conduct its proceedings (including its meetings) as it considers appropriate.

(2) However, this section is subject to section 195 (Conduct of inquiry).

(3) A meeting may be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear what each other member taking part says without the members being in each other’s presence.

phone link, satellite link

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).

(4) A member who takes part in a meeting conducted under subsection (3) is taken to be present at the meeting.

(5) A resolution of the board is valid, even if it is not passed at a meeting of the board, if—

(a) all members agree, in writing, to the proposed resolution; and

(b) notice of the resolution is given under procedures decided by the board.

(6) The board must keep minutes of its meetings.

Any document requiring authentication by the board is sufficiently authenticated if it is signed by—

(a) the judicial member who presided at the meeting of the board that dealt with the proceeding in relation to which the document was prepared; or

(b) in the absence of the judicial member—

(i) any other member who was present at that meeting; or

(ii) the secretary of the board.

A certificate that is given by the chair or secretary of the board, and records any decision of the board, is admissible in any legal proceeding and is evidence of the matters recorded.

In any legal proceeding, proof is not required, until evidence is given to the contrary, of—

(a) the constitution of the board; or

(b) any decision or recommendation of the board; or

(c) the appointment of, or holding of office by, any member of the board; or

(d) the presence or nature of a quorum at any meeting of the board.

The secretary of the board is the public servant whose functions include the functions of the secretary.

Note The secretary’s functions can be exercised by a person for the time being occupying the position of secretary (see Legislation Act, s 200).

(1) This section applies to a document under the control of the board.

(2) The board must ensure, as far as practicable, that a document given to an offender does not contain any of the following details about a any victim of the offender:

(a) the victim’s home or business address;

(b) any email address for the victim;

(c) any contact phone or fax number for the victim.

(3) The board must ensure, as far as practicable, that a document is not given to a person if a judicial member of the board considers there is a substantial risk that giving it to the person would—

(a) adversely affect the security or good order and discipline of a correctional centre or a NSW correctional centre; or

(b) jeopardise the conduct of a lawful investigation; or

(c) endanger the person or anyone else; or

(d) otherwise prejudice the public interest.

(4) In this section:

document includes part of a document.

In this Act:

inquiry means an inquiry by the board under this chapter.

An inquiry is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to an inquiry.

(1) This chapter is subject to part 7.2 (Making of parole orders).

(2) The board must conduct an inquiry for the exercise of a supervisory function of the board.

(3) The board may conduct an inquiry for the exercise of any other function of the board.

(4) The board may, but is not required to, hold a hearing for an inquiry.

(5) For an inquiry in relation to a supervisory function, the board must ensure, as far as practicable, that—

(a) it completes the inquiry without holding a hearing; and

(b) it holds a hearing only if it believes, on reasonable grounds, that natural justice would not be satisfied if the inquiry were completed without a hearing.

(6) A regulation may provide for circumstances when a hearing may, must or must not be held for an inquiry.

(7) Subsections (4) and (5) are subject to any regulation made under subsection (6).

(8) The board may conduct an inquiry for the exercise of a supervisory function in relation to an offender in conjunction with any other inquiry for the exercise of another supervisory function in relation to the offender.

(9) A hearing by the board must be in accordance with part 9.2.

(1) For an inquiry, the board is not bound by the rules of evidence and may be informed of anything in any way it considers appropriate, but, for the exercise of a supervisory function, must observe natural justice.

(2) An inquiry must be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act and any other relevant enactment and a proper consideration of the matters before the board allow.

(3) Proceedings at an inquiry are not open to the public, unless the board decides otherwise in a particular case.

(4) Subject to part 9.2 (Hearings for inquiry), a person is entitled to be present at a meeting of the board only with the board’s leave.

(5) Subsection (4) does not apply to the following:

(a) the secretary of the board;

(b) an escort officer escorting an offender for an inquiry;

(c) a public servant assisting the board for the inquiry.

(6) A decision of the board is not invalid only because of any informality or lack of form.

(1) This section applies to an inquiry in relation to a supervisory function.

(2) The offender to whom the inquiry relates, and the chief executive, may make submissions to the board for the inquiry.

(3) The board must consider any submission given to the secretary of the board by the offender or the chief executive before the closing date for submissions stated in the board’s notice of the inquiry given to the offender.

(1) For an inquiry, a judicial member may by written notice given to any of the following, require the person to give the board a written report about an offender:

(a) the chief executive;

(b) the commissioner for corrective services under the Crimes (Administration of Sentences) Act 1999 (NSW);

(c) the director of public prosecutions;

(d) a public servant prescribed by regulation.

(2) The person given the notice must comply with it.

(1) For an inquiry, a judicial member may, by written notice given to a person, require the person—

(a) to provide stated information to the board relevant to the inquiry; or

(b) to produce to the board a stated document or thing relevant to the inquiry.

(2) This section does not require a person to give information, or produce a document or other thing, to the board if the Minister certifies in writing that giving the information, or producing the document or other thing—

(a) may endanger an offender or anyone else; or

(b) is contrary to the public interest.

Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

(1) This section applies to a person who is required to—

(a) give information, or produce a document or other thing, to the board for an inquiry; or

(b) appear before, or produce a document or other thing to, the board at a hearing for an inquiry.

(2) The person is entitled to be paid the reasonable expenses that the board decides.

(3) This section does not apply to—

(a) the offender to whom the inquiry relates; or

(b) a witness who is a full-time detainee in a correctional centre (however described) in the ACT or elsewhere; or

(c) a person prescribed by regulation.

The board may have possession of a document or other thing produced to the board for an inquiry for as long as the board considers necessary for the inquiry.

The board must keep a written record of proceedings at an inquiry.

This part applies to a hearing for an inquiry for the exercise of any of the board’s supervisory functions in relation to an offender.

(1) The board must give written notice of a hearing for an inquiry in relation to an offender to each of the following:

(a) the offender;

(b) the chief executive;

(c) the director of public prosecutions.

(2) The notice must include the following:

(a) a statement about where and when the hearing is to be held;

(b) a statement about the effect of section 208 (Offender’s rights at board hearing).

(3) A person who is given notice of a hearing under this section may appear at the hearing.

(1) For a hearing for an inquiry in relation to an offender, a judicial member may, by written notice given to the offender, require the offender to appear before the board, at a stated time and place, to do either or both of the following:

(a) give evidence;

(b) produce a stated document or other thing relevant to the inquiry.

(2) The offender is taken to have complied with a notice under subsection (1) (b) if the offender gives the document or other thing to the secretary of the board before the time stated in the notice for its production.

(3) A judicial member, the chief executive or a police officer may ask an offender to sign a voluntary agreement to appear before the board at a hearing for an inquiry in relation to the offender.

(1) This section applies if—

(a) an offender does not appear before the board at a hearing in accordance with a notice under section 204 (1), or an agreement mentioned in section 204 (3); or

(b) a judicial member of the board considers that—

(i) an offender will not appear before the board as mentioned in paragraph (a); or

(ii) for any other reason, the offender must be arrested immediately and brought before the board for a hearing.

(2) A judicial member may issue a warrant for the offender to be arrested and brought before the board for the hearing.

(3) The warrant must—

(a) be signed by the judicial member or the secretary of the board; and

(b) be directed to all police officers or a named police officer; and

(c) order the offender’s arrest and bringing the offender before the board for the hearing.

(4) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—

(a) the board; or

(b) if the board is not sitting—a magistrate.

(1) This section applies if, in relation to a hearing for an inquiry, or a part of a hearing for an inquiry, the board has given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (Territory courts may take evidence and submissions from outside ACT) or section 32 (Use of link in proceedings).

(2) A person may appear in the hearing, and take part or give evidence, in accordance with the direction, if the person—

(a) is required or entitled to appear personally, whether as a party or as a witness; or

(b) is entitled to appear for someone else.

(3) A person who appears in the hearing under this section is taken to be before the board.

(1) A judicial member may, by written notice given to a person (other than the offender), require the person to appear before the board at a hearing for an inquiry, at a stated time and place, to do either or both of the following:

(a) give evidence;

(b) produce a stated document or other thing relevant to the inquiry.

Note Section 204 deals with requiring the offender to appear at a hearing for an inquiry.

(2) A person is taken to have complied with a notice under subsection (1) (b) if the offender gives the document or other thing to the secretary of the board before the time stated in the notice for its production.

(3) The judicial member presiding at a hearing for an inquiry may require the offender, or a witness, appearing before the board to do 1 or more of the following:

(a) take an oath;

(b) answer a question relevant to the inquiry;

(c) produce a document or other thing relevant to the inquiry.

(4) The judicial member presiding at the hearing may disallow a question put to a person if the member considers the question is unfair or unduly prejudicial.

Note 1 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

Note 2 Oath includes affirmation, and take an oath includes make an affirmation (see Legislation Act , dict, pt 1).

At a hearing for an inquiry in relation to an offender, the offender—

(a) may be represented by a lawyer or, with the board’s consent, by anyone else; and

(b) may make submissions to the board about matters relevant to the inquiry; and

(c) may produce documents and exhibits to the board; and

(d) may give evidence on oath; and

(e) may otherwise present evidence, orally or in writing, to the board, and address the board, on matters relevant to the inquiry.

(1) This section applies if the board adjourns a hearing for an inquiry in relation to an offender.

(2) The board may order that the offender be remanded in custody during the adjournment.

Note Pt 3.2 (Remand) applies in relation to the order for remand.

(3) However, the board may order the remand of the offender—

(a) for no longer than 2 days for each adjournment; and

(b) only twice for the same inquiry; and

(c) if the offender has previously been remanded in custody in relation to the same inquiry—only if the hearing was adjourned on the second occasion because of circumstances beyond the board’s control.

(4) For subsection (3) (a), the day the board adjourns the hearing, and the day the offender appears before the board at the adjourned hearing, are both counted.

Note For the grant of bail to the offender, see the Bail Act 1992.

(1) The judicial member presiding at a hearing for an inquiry in relation to an offender must ensure that a sound or audiovisual record is made of the hearing.

(2) Subject to section 191 (Confidentiality of board documents), the board must ensure that a copy of the record is available for access by an eligible person.

providing for the person to be given, or to be able to buy, a copy of the record or a transcript made from the record

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 A fee may be determined under s 322 for this section.

Note 3 If a form is approved under s 323 for this provision, the form must be used.

(3) In this section:

eligible person means—

(a) the chief executive; or

(b) the director of public prosecutions; or

(c) the offender; or

(d) a lawyer representing the offender; or

(e) someone else representing the offender with the board’s consent.

Note For the admissibility of a record of proceedings, see the Evidence Act 1995 (Cwlth), s 5, s 157 and dict, def Australian court and def public record.

(1) A lawyer representing an offender, or someone else representing an offender with the board’s consent, at a hearing of the board for an inquiry has the same protection as a barrister has in appearing for a party in a proceeding in the Supreme Court.

(2) A witness at a hearing for an inquiry before the board has the same protection as a witness in a proceeding in the Supreme Court.

In this Act:

registered victim, of an offender, means a victim of the offender about whom information is entered in the victim’s register.

victim, of an offender—see section 213.

victims register means the register under section 214.

(1) For this Act, each of the following is a victim of an offender:

(a) a person (a primary victim) who suffers harm because of an offence by the offender;

(b) if a primary victim dies because of an offence by the offender—a person who was financially or psychologically dependent on the primary victim immediately before the primary victim’s death.

(2) In this section:

because of—see the Crimes (Sentencing) Act 2005, section 47.

harm—see the Crimes (Sentencing) Act 2005, section 47.

(1) The chief executive must maintain a register of victims of offenders.

(2) The chief executive must enter in the register information about a victim of an offender that the victim, or someone acting for the victim, asks the chief executive to enter in the register.

(3) As soon as practicable after entering the victim’s information in the register, the chief executive must give the victim information, orally or in writing, about the following:

(a) the role of the board;

(b) the rights of registered victims under section 215 to information about offenders who are sentenced;

(c) the role of victims under chapter 7 (Parole) and part 13.1 (Release on licence) in relation to the release of an offender from imprisonment under a parole order or licence.

(4) If the victim is a child under 15 years old, the chief executive may give the information to a person who has parental responsibility for the victim under the Children and Young People Act 1999, section 18.

(5) Subsection (4) does not limit the cases in which the chief executive may give information to a person acting for a victim.

(1) The chief executive may disclose information about an offender who has been sentenced to a registered victim of the offender if satisfied the disclosure is appropriate in the circumstances.

1 any non-association order or place restriction order that applies to the offender

2 if the offender is subject to periodic detention—the offender’s periodic detention period, reporting place and reporting time

3 if the offender is under a good behaviour order—the place where the offender may do community service work or attend a rehabilitation program

4 if the offender is serving a sentence of imprisonment by full-time detention:

(a) the correctional centre where the offender is detained

(b) the offender’s classification in detention

(c) the transfer of the offender between correctional centres, including NSW correctional centres

(d) the offender’s parole eligibility date

(e) any unescorted leave given to the offender under the Corrections Management Act 2005

(f) the death or escape of, or any other exceptional event relating to, the offender

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).

(2) If the victim is a child under 15 years old, the chief executive may give the information to a person who has parental responsibility for the victim under the Children and Young People Act 1999, section 18.

Note The Crimes (Sentencing) Act 2005, s 135 (Information exchanges between criminal justice entities) also deals with information about a victim of an offence.

(3) Subsection (2) does not limit the cases in which the chief executive may give information to a person acting for a victim.

In this part:

ACT prisoner means a person subject to an ACT sentence of imprisonment, but does not include a person subject to a commonwealth sentence of imprisonment.

ACT sentence of imprisonment means a sentence of imprisonment for an offence against an ACT law, and includes—

(a) a sentence under which default imprisonment is ordered; and

(b) an indeterminate sentence; and

(c) a translated sentence;

but does not include an order under the Children and Young People Act 1999 for the committal of a child to an institution or state institution within the meaning of that Act, or the period of such a committal.

arrest warrant, for a person, means a warrant to apprehend or arrest the person or commit the person to prison, except—

(a) a warrant under which the term of imprisonment that the person is liable to serve is default imprisonment; or

(b) a warrant to secure the attendance of the person.

commonwealth sentence of imprisonment means a sentence of imprisonment for an offence against a law of the Commonwealth or a non-participating territory.

corresponding ACT court, in relation to a court of a participating state, means an ACT court declared under section 220 (Interstate transfer—corresponding courts and interstate laws) to be a corresponding court in relation to the participating state court.

corresponding Minister, of a participating state, means the Minister of the State responsible for the administration of the State’s interstate law.

default imprisonment means imprisonment in default of—

(a) payment of any fine, penalty, costs or other amount of money of any kind imposed or ordered to be paid by a court, judge, magistrate or justice of the peace; or

(b) entering into a bond or recognisance to be of good behaviour or keep the peace.

Governor, of a participating state, means—

(a) for a State other than the Northern Territory—the State’s Governor or anyone exercising the functions of the Governor; or

(b) for the Northern Territory—the Administrator of the Northern Territory or anyone exercising the functions of the Administrator.

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

indeterminate sentence means a sentence of, or order or direction for, imprisonment or detention—

(a) for life; or

(b) during the pleasure of—

(i) the Governor-General; or

(ii) the Governor of a participating state;

and includes such a sentence, order or direction resulting from the operation of any law.

interstate law means a law declared under section 220 (Interstate transfer—corresponding courts and interstate laws) to be an interstate law for this part.

interstate sentence of imprisonment means—

(a) a state sentence of imprisonment within the meaning of an interstate law; or

(b) for the Northern Territory—a territory sentence of imprisonment within the meaning of the Prisoners (Interstate Transfer) Act 1983 (NT).

joint prisoner means a person subject to both—

(a) an ACT sentence of imprisonment or an interstate sentence of imprisonment; and

(b) a commonwealth sentence of imprisonment.

non-participating territory means an external territory or the Jervis Bay Territory.

order of transfer means an order issued under any of the following provisions for the transfer of a prisoner to a participating state or non-participating territory:

(a) section 221 (Interstate transfer—requests from ACT and joint prisoners for transfer to participating state);

(b) section 222 (Interstate transfer—requests from ACT and joint prisoners for transfer to non-participating territory);

(c) section 230 (Interstate transfer—order of transfer);

(d) section 231 (8) (Interstate transfer—review of Magistrates Court decision);

(e) section 236 (1) (Interstate transfer—return of prisoner to participating state).

participating state means a State in which an interstate law is in force.

prison means—

(a) a correctional centre; or

(b) a police lockup in the ACT.

prisoner means an ACT prisoner or joint prisoner.

prison officer means—

(a) a person appointed or employed to assist in the management of a prison; or

(b) an escort officer.

release on parole includes—

(a) release on probation; and

(b) any other form of conditional release in the nature of parole.

relevant security, in relation to a person, means a security given by the person—

(a) with or without sureties; and

(b) by bond, recognisance or otherwise; and

(c) to the effect that the person will comply with conditions relating to the person’s behaviour.

remission instrument means an instrument of remission under section 312 (Remission of penalties).

sentence of imprisonment—see section 217.

subject to a sentence of imprisonment—see section 218.

translated sentence means a sentence of imprisonment that is taken under section 242 (Interstate transfer—translated sentences) to have been imposed on a person by an ACT court.

(1) In this part:

sentence of imprisonment means—

(a) an ACT sentence of imprisonment; or

(b) an interstate sentence of imprisonment; or

(c) if relevant, a commonwealth sentence of imprisonment.

(2) For this part, a sentence of imprisonment resulting (or originally resulting) from the operation of a law of the ACT, a State or a non-participating territory is taken, except as prescribed by regulation, to have been imposed (or originally imposed) by a court of the ACT, the State or the non-participating territory.

(3) In this part, a reference to a sentence of imprisonment being served in the ACT includes a reference to a sentence of imprisonment being served in New South Wales under this Act.

(1) A reference in this part to a person subject to a sentence of imprisonment does not include a reference to a person who has completed serving the sentence.

(2) The following people on whom a sentence of imprisonment has been imposed are taken, for this part, to have completed serving the sentence:

(a) a person—

(i) who has been released from serving a part of the sentence on parole or on licence to be at large; and

(ii) in relation to whom action can no longer be taken under a law of the ACT, the Commonwealth, a participating state or a non-participating territory to require the person to serve all of part of the remainder of the sentence;

(b) a person—

(i) who has been released from serving all or part of the sentence on giving a relevant security; and

(ii) in relation to whom—

(A) action can no longer be taken under a law of the ACT, the Commonwealth, a participating state or a non-participating territory (a relevant law) in relation to a breach of a condition of the security; or

(B) action cannot, because of the end of the security, be taken under a relevant law to require the person to serve all or part of the sentence;

(c) a person whose sentence, or the remaining part of whose sentence, has been remitted under section 312 (Remission of penalties);

(d) a person who has been pardoned under section 313 (Grant of pardons);

(e) a person who, because of the exercise of the prerogative of mercy, is no longer required to serve the sentence or the remaining part of the sentence.

If a justice of the peace of a participating state, in the exercise of his or her powers, issues a warrant of commitment while not constituting a court, the sentence of imprisonment imposed by the warrant is taken, for this part, to have been imposed by a court.

(1) The Minister may, in writing, declare that—

(a) a law of a State is an interstate law for this part; and

(b) a stated ACT court is, for this part, a corresponding court in relation to a stated court of a participating state.

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

(2) The Minister may make a declaration under this section in relation to a law of a State only if satisfied that the law substantially corresponds to the provisions of this part and contains provisions that are mentioned in this part as provisions of an interstate law that correspond to stated provisions of this part.

(3) A declaration is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) This section applies if the Minister—

(a) receives a written request by an ACT prisoner or joint prisoner serving a sentence of imprisonment in the ACT for the prisoner’s transfer to a participating state; and

(b) considers that the prisoner should be transferred to the participating state in the interests of the prisoner’s welfare.

(2) The Minister must give the corresponding Minister of the participating state a written request asking the Minister to accept the transfer of the prisoner to the participating state.

(3) The Minister may issue an order for the transfer of the prisoner to the participating state if the Minister receives from the corresponding Minister written notice of consent to the transfer of the prisoner to the participating state.

(4) In deciding whether the prisoner should be transferred to the participating state, the Minister must primarily have regard to the welfare of the prisoner.

(5) However, the Minister may also have regard to anything else the Minister considers relevant, including—

(a) the administration of justice; and

(b) the security of a prison to which the prisoner might be transferred; and

(c) the security, safety and welfare of prisoners in that prison; and

(d) the security, safety and welfare of the community.

(6) If the Minister decides not to issue an order for the transfer of the prisoner, the Minister must give the prisoner a written statement of the Minister’s reasons for the decision.

Note For what must be included in a statement of reasons, see the Legislation Act, s 179.

(1) This section applies if the Minister—

(a) receives a written request by an ACT prisoner or joint prisoner serving a sentence of imprisonment in the ACT for the prisoner’s transfer to a non-participating territory; and

(b) considers that the prisoner should be transferred to the non-participating territory in the interests of his or her welfare.

(2) If the request is made by an ACT prisoner, the Minister must give the Commonwealth Attorney-General a written request asking the Commonwealth Attorney-General to consent to the transfer.

(3) The Minister may issue an order for the transfer of the ACT prisoner to the non-participating territory if the Minister receives from the Commonwealth Attorney-General written notice of consent to the transfer of the prisoner to the non-participating territory.

(4) If the request is made by a joint prisoner, the Minister may issue an order for the transfer of the prisoner to the non-participating territory.

(5) In deciding whether the prisoner should be transferred to the non-participating territory, the Minister must primarily have regard to the welfare of the prisoner.

(6) However, the Minister may also have regard to anything else the Minister considers relevant, including anything mentioned in section 221 (5).

(7) If the Minister decides not to issue an order for the transfer of the prisoner, the Minister must give the prisoner a written statement of the Minister’s reasons for the decision.

Note For what must be included in a statement of reasons, see the Legislation Act, s 179.

An order of transfer issued under this division in relation to a joint prisoner has no effect to the extent that, apart from this section, it authorises or requires the doing of anything under this division in relation to the prisoner as a prisoner subject to a commonwealth sentence of imprisonment unless—

(a) a transfer order corresponding to the order of transfer under this division is in force under the Transfer of Prisoners Act 1983 (Cwlth) in relation to the prisoner; or

(b) the transfer of the prisoner is otherwise authorised under that Act.

A request under this division made by a prisoner for transfer to a participating state or non-participating territory need not be considered by the Minister if it is made within 1 year after the day a similar request is made by the prisoner.

(1) This section applies if the Minister receives a request to accept the transfer of an imprisoned person to the ACT made under—

(a) the provision of an interstate law that corresponds to section 221 (Interstate transfer—requests from ACT and joint prisoners for transfer to participating state); or

(b) the Transfer of Prisoners Act 1983 (Cwlth), part 2.

(2) The Minister must—