CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005)

Australian Capital Territory Numbered Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005)

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

1. Name of Act
2. Commencement
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—chief executive 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--PERIODIC DETENTION

PART 5.1--PRELIMINARY

39. Application—ch 5
40. Definitions—ch 5
41. Periodic detention—meaning of detention period

PART 5.2--SERVING PERIODIC DETENTION

42. Periodic detention obligations
43. Periodic detention—core conditions
44. Periodic detention—chief executive directions
45. Periodic detention—alcohol and drug tests
46. Periodic detention—personal searches
47. Periodic detention—custody of offender etc
48. Periodic detention—end of

PART 5.3--PERFORMING PERIODIC DETENTION

49. Periodic detention—reporting for etc
50. Periodic detention—reporting places
51. Periodic detention—reporting day
52. Periodic detention—reporting and finishing times
53. Periodic detention—activities and work
54. Periodic detention—activities or work outside correctional
55. Periodic detention—approval not to perform etc
56. Periodic detention—application for approval not to perform etc
57. Periodic detention—making up approved nonperformance etc
58. Failing to perform periodic detention—extension of periodic detention
59. Failing to perform periodic detention—referral to board
60. Offender not fit for periodic detention—extension of periodic detention
61. Change to periodic detention period—effect on combination
62. Periodic detention activities and work—reports by entities

PART 5.4--SUPERVISING PERIODIC DETENTION

Division 5.4.1--Breach of periodic detention obligations

63. Corrections officers to report breach of periodic detention obligations
64. Arrest without warrant—breach of periodic detention
65. Arrest warrant—breach of periodic detention obligations
66. Board inquiry—breach of periodic detention obligations
67. Notice of inquiry—breach of periodic detention obligations
68. Board powers—breach of periodic detention obligations
69. Cancellation of periodic detention—repeated failures to perform
70. Cancellation of periodic detention on further conviction etc

Division 5.4.2--Review of decisions about performing periodic detention

71. Review of chief executive decisions under pt 5.3
72. Application for review of chief executive decisions under pt 5.3

Division 5.4.3--Periodic detention management

73. Board inquiry—management of periodic detention
74. Notice of inquiry—management of periodic detention
75. Board powers—management of periodic detention

Division 5.4.4--Change, suspension and cancellation of periodic detention

76. Application—div 5.4.4
77. Notice of board decisions about periodic detention
78. When changes to periodic detention obligations take effect
79. Periodic detention—effect of suspension or cancellation etc
80. Periodic detention—effect of suspension or cancellation on other periodic
81. Periodic detention—effect of suspension or cancellation on
82. Suspension or cancellation of periodic detention—recommittal to full-time

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—chief executive directions
88. Good behaviour order—end

PART 6.2--GOOD BEHAVIOUR--COMMUNITY SERVICE WORK

89. Application—pt 6.2
90. Compliance with community service condition
91. Community service work—chief executive directions
92. Community service work—failure to report etc
93. Community service work—maximum daily hours
94. Community service work—health disclosures
95. Community service work—alcohol and drug tests
96. Community service work—frisk searches
97. Community service work—reports by entities

PART 6.3--GOOD BEHAVIOUR--REHABILITATION PROGRAMS

98. Application—pt 6.3
99. Compliance with rehabilitation program condition
100. Rehabilitation programs—chief executive directions
101. Rehabilitation program providers—reports by providers

PART 6.4--GOOD BEHAVIOUR--SUPERVISION

102. Corrections officers to report breach of good behaviour obligations
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 7--PAROLE

PART 7.1--PAROLE--GENERAL

117. Definitions—ch 7
118. Meaning of parole eligibility date

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—chief executive directions
139. Parole—effect of custody during order
140. Parole—sentence not discharged unless parole completed
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 7.6--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

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 documents

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. Definitions—ch 10
214. Meaning of victim
215. Victims register
216. Disclosures to registered victims about sentenced 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—chief executive directions
303. Release on licence—sentence not discharged

Division 13.1.4--Supervision of licensees

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

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—occupational health and safety

CHAPTER 15--MISCELLANEOUS

321. Chief executive directions—general
322. Criminology or penology research
323. Determination of fees
324. Approved forms
325. Regulation-making power

CHAPTER 16--TRANSITIONAL

PART 16.1--PRELIMINARY

326. Purpose—ch 16
327. Application of Act to offenders and other people in custody
328. Definitions—ch 16

PART 16.2--TRANSITIONAL--DETENTION

329. Relationship with Corrections Management Act—pt 16.2
330. Full-time imprisonment—sentenced offenders
331. Full-time imprisonment—remandees
332. Home detention orders—Rehabilitation of Offenders (Interim)
333. Existing home detention orders—community-based sentences for this
334. Periodic detention orders—Periodic Detention Act, s 4
335. Conditional release—Periodic Detention Act, s 32

PART 16.3--TRANSITIONAL--NON-DETENTION

336. Conditional release without conviction—Crimes Act, s 402 (1)
337. Conditional release of convicted offenders—Crimes Act, s 403 (1)
338. Conditional release and suspended sentences—Crimes Act, s 403 (1)
339. Community service without good behaviour order—Crimes Act, s
340. Community service and good behaviour order—Crimes Act, s

PART 16.4--TRANSITIONAL--UNFINISHED REQUESTS FOR TRANSFER OF PRISONERS AND SENTENCES

341. Prisoners (Interstate Transfer) Act—unfinished requests
342. Community Based Sentences (Transfer) Act—unfinished requests for

PART 16.5--TRANSITIONAL--PAROLE ORDERS

343. Parole orders before commencement day
344. Unfinished parole orders proceedings on commencement day
345. Parole Orders (Transfer) Act—unfinished requests for
346. Board may reject parole application without inquiry—Act, s

PART 16.6--TRANSITIONAL--GENERAL

347. Sentence administration proceedings—started before commencement
348. Sentence administration proceedings—started on or after commencement
349. Transitional regulations
350. Expiry of ch 16
DICTIONARY
ENDNOTES

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