CRIMES (SENTENCE ADMINISTRATION) ACT 2005

Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

1. Name of Act
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc

CHAPTER 2--OBJECT AND PRINCIPLES

6. Main object of Act
7. Treatment of sentenced offenders
8. Treatment of remandees
9. Treatment of other people in custody

CHAPTER 3--IMPRISONMENT AND REMAND—COMMITTAL

PART 3.1--IMPRISONMENT

10. Application—pt 3.1
11. Effect of committal order
12. Warrant for imprisonment
13. Custody of sentenced offender
14. Imprisonment not affected by want of proper warrant

PART 3.2--REMAND

15. Application—pt 3.2
16. Effect of remand order
17. Warrant for remand
18. Custody of remandee
19. Remand not affected by want of proper warrant

PART 3.3--COMMITTAL--MISCELLANEOUS

20. Directions to escort officers
21. Orders to bring offender or remandee before court etc

CHAPTER 4--FULL-TIME DETENTION

PART 4.1--GENERAL

22. Application—ch 4
23. Definitions—ch 4

PART 4.2--SERVING FULL-TIME DETENTION

24. Full-time detention obligations
25. Full-time detention—director-general directions
26. Full-time detention in ACT or NSW
27. Guidelines—allocation of detainees to correctional centres
28. Work and activities by full-time detainee
29. Custody of full-time detainee—lawful absence from correctional
30. Unlawful absence by offender—extension of sentence
31. Early release of offender
32. Release at end of sentence
33. Offender not to be released if serving another sentence etc

PART 4.3--FULL-TIME DETENTION IN NSW

34. Application—pt 4.3
35. Removal of full-time detainee to NSW
36. Full-time detention in NSW
37. Full-time detention—return from NSW
38. Full-time detention—release in NSW

CHAPTER 5--INTENSIVE CORRECTION ORDERS

PART 5.1--PRELIMINARY

39. Application—ch 5
40. Definitions—ch 5

PART 5.2--SERVING INTENSIVE CORRECTION

41. Intensive correction order obligations
42. Intensive correction order—core conditions
43. Intensive correction order—alcohol and drug tests
43A. Intensive correction order—end

PART 5.3--INTENSIVE CORRECTION ORDER--COMMUNITY SERVICE WORK

44. Application—pt 5.3
45. Intensive correction orders—compliance with community service
46. Intensive correction orders—community service work—director-general
47. Intensive correction orders—community service work—failure to report
48. Intensive correction orders—community service work—maximum daily
48A. Intensive correction orders—community service work—therapy and education
49. Intensive correction orders—community service work—health
50. Intensive correction orders—community service work—alcohol and drug
51. Intensive correction orders—community service work—reports by

PART 5.4--INTENSIVE CORRECTION ORDER--REHABILITATION PROGRAMS

52. Application—pt 5.4
53. Intensive correction orders—rehabilitation program
54. Intensive correction orders—rehabilitation programs—director-general
55. Intensive correction orders—rehabilitation program providers—reports by

PART 5.5--INTENSIVE CORRECTION ORDER--CURFEW

56. Application—pt 5.5
57. Compliance with curfew
58. Curfew—directions

PART 5.6--SUPERVISING INTENSIVE CORRECTION ORDERS

Division 5.6.1--Intensive correction orders—supervision

59. Corrections officers to report breach of intensive correction order
60. Arrest without warrant—breach of intensive correction order
61. Arrest warrant—breach of intensive correction order

Division 5.6.2--Intensive correction orders—breach

62. Board inquiry—breach of intensive correction order
63. Notice of inquiry—breach of intensive correction order
64. Board powers—breach of intensive correction order
65. Cancellation of intensive correction order on further conviction etc
66. Cancellation of intensive correction order if offender withdraws consent

Division 5.6.3--Suspension and cancellation of intensive correction order

67. Application—div 5.6.3
68. Notice of board decisions about intensive correction order
69. Intensive correction order—effect of suspension or cancellation
70. Intensive correction orders—effect of suspension or cancellation on other intensive
71. Intensive correction orders—effect of suspension or cancellation on
72. Suspension or cancellation of intensive correction order—recommittal to full-time
73. Cancellation of intensive correction order—offender may apply for order to be

PART 5.7--INTENSIVE CORRECTION ORDERS--AMENDMENT OR DISCHARGE

74. Court powers—amendment or discharge of intensive correction
75. Intensive correction orders—limitations on amendment or

PART 5.8--INTENSIVE CORRECTION ORDERS--REPORTING AND RECORDS

76. Record-keeping by director-general
77. Authorised person may access data

PART 5.9--INTENSIVE CORRECTION ORDERS--MISCELLANEOUS

78. Intensive correction order proceedings—rights of interested
78A. Intensive correction order cancellation by court—official notice of
79. Intensive correction order—court and board powers after end of
80. Intensive correction orders—outstanding warrants—extension of

CHAPTER 5A--DRUG AND ALCOHOL TREATMENT ORDERS

PART 5A--.1 PRELIMINARY

82. Application—ch 5A

PART 5A--.2 DRUG AND ALCOHOL TREATMENT ORDERS--UNDERTAKING TREATMENT

82A. Drug and alcohol treatment order—drug and alcohol tests

PART 5A--.3 DRUG AND ALCOHOL TREATMENT ORDERS--EFFECT OF CANCELLATION

82B. Application—pt 5A.3
82C. Drug and alcohol treatment order—effect of cancellation

PART 5A--.4 DRUG AND ALCOHOL TREATMENT ORDERS--REPORTING AND RECORDS

82D. Record-keeping by director-general
82E. Authorised person may access data

CHAPTER 6--GOOD BEHAVIOUR ORDERS

PART 6.1--UNDERTAKING GOOD BEHAVIOUR

83. Application—ch 6
84. Definitions—ch 6
85. Good behaviour obligations
86. Good behaviour—core conditions
87. Good behaviour—director-general directions
88. Good behaviour order—end

PART 6.2--GOOD BEHAVIOUR--COMMUNITY SERVICE WORK

89. Application—pt 6.2
90. Good behaviour orders—compliance with community service
91. Good behaviour orders—community service work—director-general
92. Good behaviour orders—community service work—failure to report
93. Good behaviour orders—community service work—maximum daily
93A. Good behaviour orders—community service work—therapy and education
94. Good behaviour orders—community service work—health
95. Good behaviour orders—community service work—alcohol and drug
96. Good behaviour orders—community service work—frisk
97. Good behaviour orders—community service work—reports by

PART 6.3--GOOD BEHAVIOUR--REHABILITATION PROGRAMS

98. Application—pt 6.3
99. Good behaviour orders—compliance with rehabilitation program
100. Good behaviour orders—rehabilitation programs—director-general
101. Good behaviour orders—rehabilitation program providers—reports by

PART 6.4--GOOD BEHAVIOUR--SUPERVISION

102. Good behaviour—breach of good behaviour obligation
103. Arrest without warrant—breach of good behaviour obligations
104. Arrest warrant—breach of good behaviour obligations etc
105. Good behaviour—agreement to attend court
106. Good behaviour—summons to attend court

PART 6.5--GOOD BEHAVIOUR ORDERS--BREACH

107. Offence committed while under good behaviour order
108. Court powers—breach of good behaviour obligations
109. Cancellation of good behaviour order made as non-conviction order
110. Cancellation of good behaviour order with suspended sentence order
111. Enforcing security under good behaviour order

PART 6.6--GOOD BEHAVIOUR ORDERS--AMENDMENT AND DISCHARGE

112. Court powers—amendment or discharge of good behaviour order
113. Good behaviour orders—limitations on amendment or
114. Good behaviour orders—effect of amendment on sureties

PART 6.7--GOOD BEHAVIOUR--MISCELLANEOUS

115. Good behaviour proceedings—rights of interested person
116. Good behaviour—court powers after end of order

CHAPTER 6A--COURT IMPOSED FINES

PART 6A--.1 GENERAL

116A. Definitions—ch 6A
116B. Payment of fine

PART 6A--.2 PENALTY NOTICES, DEFAULT NOTICES AND PAYMENT ARRANGEMENTS

116C. Registrar to send penalty notice
116D. Offender to give registrar contact details
116E. Registrar may ask other people for offender's contact details
116F. Doubtful service
116G. Liability for administrative fee
116H. Default notice
116I. Form of default notice
116J. Reminder notice
116K. Payment arrangements

PART 6A--.3 FINE ENFORCEMENT ACTION

Division 6A--.3.1 Reporting fine defaulters

116L. Application—pt 6A.3
116M. Director-general to notify road transport authority

Division 6A--.3.2 Examining fine defaulter's financial circumstances

116O. Examination by director-general
116P. Examination notice
116Q. Examination notice—content
116R. Examination warrant—issue
116S. Examination warrant—contents and execution
116T. Examination hearing before registrar
116U. Examination hearing warrant—issue
116V. Examination hearing warrant—contents and execution

Division 6A--.3.3 Fine enforcement orders—general

116W. Director-general may apply for fine enforcement order
116X. Magistrates court may make fine enforcement order

Division 6A--.3.4 Fine enforcement orders—earnings redirection orders

116Y. Fine enforcement order—earnings redirection order

Division 6A--.3.5 Fine enforcement orders—financial institution deduction orders

116Z. Financial institution deduction order

Division 6A--.3.6 Fine enforcement orders—property seizure orders

116ZA. Property seizure order
116ZB. Property seizure order—authority to enter premises etc
116ZC. Property seizure order—sale of seized property
116ZD. Property seizure order—restoration application

Division 6A--.3.7 Voluntary community work orders

116ZE. Voluntary community work order
116ZF. Voluntary community work order—administration
116ZG. Voluntary community work order—rate of discharge of outstanding
116ZH. Voluntary community work order—noncompliance
116ZI. Voluntary community work order—certificate of completion
116ZJ. Voluntary community work order—ends if outstanding fine paid

Division 6A--.3.8 Imprisonment

116ZK. Imprisonment order
116ZM. Imprisonment—rate of discharge of outstanding fine
116ZN. Imprisonment—release if outstanding fine paid

PART 6A--.4 MISCELLANEOUS

116ZO. Remission of fine by director-general
116ZP. Time served in custody to count
116ZQ. Reparation order agreements
116ZR. Apportionment of fine amounts
116ZS. Conviction or order quashed or set aside
116ZT. Sharing information
116ZU. Orders may be made on conditions

CHAPTER 7--PAROLE

PART 7.1--PAROLE--GENERAL

117. Definitions—ch 7
118. Meaning of parole eligibility date
118A. Parole—meaning of registered victim and victim

PART 7.2--MAKING OF PAROLE ORDERS

119. Application—pt 7.2
120. Criteria for making parole orders
121. Applications for parole
122. Board may reject parole application without inquiry
123. Board to seek victim's views for parole inquiry
124. Notice to victims for parole inquiry
125. Parole applications—inquiry without hearing
126. Parole applications—decision after inquiry without hearing
127. Parole applications—notice of hearing
128. Parole applications—failure of offender to participate in
129. Parole applications—decision after hearing
130. Parole orders may include conditions
131. When parole orders take effect
132. Explanation of parole order
133. Notice of decisions on parole applications

PART 7.3--RELEASE UNDER PAROLE ORDER

134. Application—pt 7.3
135. Release authorised by parole order
136. Parole obligations
137. Parole order—core conditions
138. Parole—director-general directions
138A. Parole—alcohol and drug tests
139. Parole—effect of custody during order
140. Parole—when time is served against sentence
141. Parole—end of order

PART 7.4--SUPERVISING PAROLE

Division 7.4.1--Supervising parole—preliminary

142. Application—pt 7.4

Division 7.4.2--Breach of parole obligations

143. Corrections officers to report breach of parole obligations
144. Arrest without warrant—breach of parole obligations
145. Arrest warrant—breach of parole obligations
146. Board inquiry—breach of parole obligations
147. Notice of inquiry—breach of parole obligations
148. Board powers—breach of parole obligations
149. Automatic cancellation of parole order for ACT offence
150. Cancellation of parole order for non-ACT offence
151. Cancellation after parole order has ended
152. Exercise of board functions after parole ended

Division 7.4.3--Parole management

153. Board inquiry—management of parole
154. Notice of inquiry—management of parole
155. Parole order—commencement suspended before parole release
156. Board powers—management of parole

PART 7.5--CHANGE OR CANCELLATION OF PAROLE

157. Notice of board decisions about parole
158. When changes to parole obligations take effect
159. When board cancellation of parole order takes effect
160. Parole order—effect of cancellation
161. Cancellation of parole—recommittal to full-time detention

PART 7.5A--PAROLE TIME CREDIT

Division 7.5A--.1 Preliminary

161A. Application—pt 7.5A
161B. Definitions—pt 7.5A

Division 7.5A--.2 Parole time credit—rules for applying

161C. General rule
161D. Exceptions—certain ACT offences
161E. Exceptions—certain non-ACT offences
161F. Appeal to Supreme Court—order by board

Division 7.5A--.3 Parole time credit—how to apply

161G. Working out parole time credit—general rule
161H. Working out parole time credit—exceptions
161I. Parole time credit—shortest period to apply

PART 7.6--INTERSTATE TRANSFER OF PAROLE ORDERS

162. Definitions—pt 7.6
163. Parole order transfer—declaration of corresponding parole
164. Parole order transfer—registration requests
165. Parole order transfer—documents for registration requests
166. Parole order transfer—consideration of requests
167. Parole order transfer—registration
168. Parole order transfer—effect of registration under this Act
169. Parole order transfer—effect of transfer to another
170. Parole order transfer—evidence of registration

CHAPTER 8--SENTENCE ADMINISTRATION BOARD

PART 8.1--ESTABLISHMENT, FUNCTIONS AND CONSTITUTION OF BOARD

171. Establishment of board
172. Functions of board
173. Members of board
174. Appointment of board members
175. Conditions of appointment of board members
176. Term of appointment of board member
177. Disclosure of interests by board members
178. Ending board member appointments
179. Protection from liability for board members etc
179A. Delegation by chief police officer

PART 8.2--DIVISIONS OF BOARD

180. Meaning of board's supervisory functions
181. Exercise of board's supervisory functions
182. Constitution of divisions of board

PART 8.3--PROCEEDINGS OF BOARD

183. Time and place of board meetings
184. Presiding member at board meetings
185. Quorum at board meetings
186. Voting at board meetings
187. Conduct of board meetings
188. Authentication of board documents
189. Evidentiary certificate about board decisions
190. Proof of certain board-related matters not required
191. Board secretary
192. Confidentiality of board information

CHAPTER 9--INQUIRIES BY BOARD

PART 9.1--INQUIRIES--GENERAL

193. Meaning of inquiry
194. Application of Criminal Code, ch 7
195. Board inquiries and hearings
196. Conduct of inquiry
197. Submissions for inquiry
198. Board may require official reports
199. Board may require information and documents
200. Expenses—production of documents etc
201. Possession of inquiry documents etc
202. Record of inquiry

PART 9.2--HEARINGS FOR INQUIRY

203. Application—pt 9.2
204. Notice of board hearing
205. Appearance by offender at board hearing
206. Arrest of offender for board hearing
207. Appearance at board hearing by audiovisual or audio link
208. Evidence at board hearings etc
209. Offender's rights at board hearing
210. Custody of offender during board hearing adjournment
211. Record of board hearings
212. Protection of witnesses etc at board hearings

CHAPTER 10--VICTIM AND OFFENDER INFORMATION

213. Meaning of registered victim
214. Meaning of victim
215. Victims register—offenders other than young offenders
215A. Victims register—young offenders
216. Disclosures to registered victims—offenders other than young
216A. Disclosures to registered victims—young offenders

CHAPTER 11--TRANSFER OF PRISONERS

PART 11.1--INTERSTATE TRANSFER OF PRISONERS

Division 11.1.1--Interstate transfer—preliminary

217. Definitions—pt 11.1
218. Interstate transfer—meaning of sentence of imprisonment
219. Interstate transfer—person subject to sentence of
220. Interstate transfer—effect of warrant of commitment issued by justice of the
221. Interstate transfer—corresponding courts and interstate laws

Division 11.1.2--Interstate transfer—prisoner's welfare

222. Interstate transfer—requests from ACT and joint prisoners for transfer to
223. Interstate transfer—requests from ACT and joint prisoners for transfer to
224. Interstate transfer—effect of div 11.1.2 orders on joint
225. Interstate transfer—repeated requests for transfer
226. Interstate transfer—receipt of request for transfer to ACT
227. Interstate transfer—reports

Division 11.1.3--Interstate transfer—trials and sentences

228. Interstate transfer—request for transfer to participating state
229. Interstate transfer—necessary consents
230. Interstate transfer—order for prisoner to be brought before Magistrates
231. Interstate transfer—order of transfer
232. Interstate transfer—review of Magistrates Court decision
233. Interstate transfer—effect of div 11.1.3 orders on joint
234. Interstate transfer—execution of orders for prisoners to be brought before
235. Interstate transfer—request by Attorney-General for transfer of imprisoned person to
236. Interstate transfer—request by imprisoned person for transfer to

Division 11.1.4--Interstate transfer—return to original jurisdiction

237. Interstate transfer—return of prisoner to participating state
238. Interstate transfer—prisoner's request to serve sentence in
239. Interstate transfer—effect of div 11.1.4 orders on joint

Division 11.1.5--Interstate transfer—operation of transfer orders

240. Interstate transfer—transfer in custody of escort
241. Interstate transfer—transfer of sentence with prisoner
242. Interstate transfer—information sent to participating state
243. Interstate transfer—translated sentences
244. Interstate transfer—operation of translated sentences generally
245. Interstate transfer—indeterminate translated sentences
246. Interstate transfer—effect of translated sentences before transfer to
247. Interstate transfer—default imprisonment for translated

Division 11.1.6--Interstate transfer—other provisions

248. Interstate transfer—notification to prisoners of decisions
249. Interstate transfer—lawful custody for transit through ACT
250. Interstate transfer—escape from custody of person being
251. Interstate transfer—offence for escape from custody
252. Interstate transfer—revocation of order of transfer on escape from

PART 11.2--INTERNATIONAL TRANSFER OF PRISONERS

253. International transfer—object of pt 11.2
254. International transfer—meaning of Commonwealth Act
255. International transfer—terms defined Commonwealth Act
256. International transfer—Minister's functions
257. International transfer—functions of prison officers, police officers
258. International transfer—arrangements for administration of Commonwealth
259. International transfer—prisoners transferred to Australia
260. International transfer—prisoners transferred from Australia

CHAPTER 12--TRANSFER OF COMMUNITY-BASED SENTENCES

PART 12.1--TRANSFER OF COMMUNITY-BASED SENTENCES--GENERAL

261. Community-based sentence transfer—purpose of ch 12
262. Community-based sentence transfer—application of ch 12
263. Community-based sentence transfer—definitions ch 12

PART 12.2--TRANSFER OF COMMUNITY-BASED SENTENCES--IMPORTANT CONCEPTS

264. Meaning of community-based sentence
265. Community-based sentence transfer—jurisdictions and participating
266. Community-based sentence transfer—local and interstate sentences
267. Meaning of corresponding community-based sentence law
268. Community-based sentence transfer—local and interstate authorities

PART 12.3--TRANSFER OF COMMUNITY-BASED SENTENCES--ADMINISTRATION

269. Community-based sentence transfer—appointment of local authority
270. Community-based sentence transfer—delegation by local authority
271. Community-based sentence transfer—local register

PART 12.4--TRANSFER OF COMMUNITY-BASED SENTENCES--REGISTRATION OF INTERSTATE SENTENCES IN ACT

272. Community-based sentence transfer—request for transfer of interstate
273. Community-based sentence transfer—form of request for registration
274. Community-based sentence transfer—request for additional information
275. Community-based sentence transfer—withdrawal of offender's
276. Community-based sentence transfer—registration criteria
277. Community-based sentence transfer—decision on request
278. Community-based sentence transfer—preconditions for registration
279. Community-based sentence transfer—how interstate sentence registered
280. Community-based sentence transfer—notice of registration
281. Community-based sentence transfer—effect of registration generally

PART 12.5--TRANSFER OF COMMUNITY-BASED SENTENCES--REGISTRATION OF ACT SENTENCES INTERSTATE

282. Community-based sentence transfer—request for transfer of local
283. Community-based sentence transfer—response to request for additional
284. Community-based sentence transfer—effect of interstate registration

PART 12.6--TRANSFER OF COMMUNITY-BASED SENTENCES--OTHER PROVISIONS

285. Community-based sentence transfer—inaccurate information about local sentence registered
286. Community-based sentence transfer—dispute about accuracy of information in interstate
287. Community-based sentence transfer—evidentiary certificates for registration and registered

CHAPTER 13--RELEASE ON LICENCE, REMISSION AND PARDON

PART 13.1--RELEASE ON LICENCE

Division 13.1.1--Release on licence—general

288. Application—pt 13.1
289. Definitions—pt 13.1

Division 13.1.2--Grant of licence

290. Release on licence—request for board recommendation
291. Release on licence—notice of board inquiry
292. Release on licence—board to seek victim's views
293. Release on licence—criteria for board recommendations
294. Release on licence—board recommendations
295. Release on licence—decision by Executive
296. Release on licence—grant
297. Explanation of licence
298. Release on licence—notice of Executive decision

Division 13.1.3--Operation of licences

299. Release authorised by licence
300. Release on licence obligations
301. Release on licence—core conditions
302. Release on licence—director-general directions
302A. Release on licence—alcohol and drug tests
303. Release on licence—sentence not discharged

Division 13.1.4--Supervision of licensees

303A. Corrections officers to report breach of release on licence obligations
304. Arrest without warrant—breach of release on licence
305. Arrest warrant—breach of release on licence obligations
306. Board inquiry—review of release on licence
307. Board inquiry—notice of review of release on licence
308. Board powers—review of release on licence
309. Release on licence—automatic cancellation of licence for ACT
310. Release on licence—cancellation of licence for non-ACT
311. Release on licence—notice of board's decision on review
312. Cancellation of licence—recommittal to full-time detention

PART 13.2--REMISSIONS AND PARDONS

313. Remission of penalties
314. Grant of pardons
314A. Prerogative of mercy

CHAPTER 14--COMMUNITY SERVICE WORK—GENERAL

315. Definitions—ch 14
316. Meaning of community service work
317. Protection from liability for people involved in community service
318. Community service work not to displace employees
319. No employment contract for community service work
320. Community service work—work health and safety

CHAPTER 14A--SENTENCE ADMINISTRATION—YOUNG OFFENDERS

PART 14A--.1 GENERAL

320A. Purpose—ch 14A
320B. Youth justice principles to be considered
320C. Young offenders and remandees—references to correctional centre and Corrections
320D. Young offenders and remandees—references to
320E. Young remandees—remand to be at detention place
320F. Young offenders—administration of sentences other than
320G. Young offenders—breach of good behaviour obligations
320H. Sentencing court to deal with breaches
320I. Young offenders—transfer
320J. Young offenders—transfer of community-based sentences

PART 14A--.2 YOUNG OFFENDERS--ACCOMMODATION ORDERS

320K. Accommodation orders—contraventions
320L. Accommodation orders—resentencing for breach

CHAPTER 15--MISCELLANEOUS

321. Director-general directions—general
321AA. Director-general to give information—detainees etc subject to forensic mental health
321A. Evidentiary certificates
322. Criminology or penology research
323. Determination of fees
324. Approved forms
325. Regulation-making power

CHAPTER 22--TRANSITIONAL—SENTENCING (PAROLE TIME CREDIT) LEGISLATION AMENDMENT ACT 2019

1002. Definitions—ch 22
1003. Parole time credit—breaches before commencement day
1004. Parole time credit—offenders awaiting sentence
1005. Parole time credit applies in relation to old parole orders
1007. Expiry—ch 22
DICTIONARY
ENDNOTES

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