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CRIMES (ADMINISTRATION OF SENTENCES) AMENDMENT BILL 2000





                         New South Wales




Crimes (Administration of Sentences)
Amendment Bill 2000


Contents
                                                                      Page

            1 Name of Act                                               2
            2 Commencement                                              2
            3 Amendment of Crimes (Administration of Sentences) Act
              1999 No 93                                                2
            4 Amendment of Crimes (Sentencing Procedure) Act 1999
              No 92                                                     2


Schedules
            1 Amendment of Crimes (Administration of Sentences) Act
              1999                                                      3
            2 Amendment of Crimes (Sentencing Procedure) Act 1999      20
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.

                                              Clerk of the Legislative Assembly.
                                              Legislative Assembly,
                                              Sydney,                       , 2000




                              New South Wales


Crimes (Administration of Sentences)
Amendment Bill 2000
Act No     , 2000



An Act to make miscellaneous amendments to the Crimes (Administration of
Sentences) Act 1999; to amend the Crimes (Sentencing Procedure) Act 1999
consequentially; and for other purposes.




I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.


                            Chairman of Committees of the Legislative Assembly.
Clause 1          Crimes (Administration of Sentences) Amendment Bill 2000




The Legislature of New South Wales enacts:

   1     Name of Act
             This Act is the Crimes (Administration of Sentences) Amendment Act
             2000.

   2     Commencement
             This Act commences on a day or days to be appointed by
             proclamation.

   3     Amendment of Crimes (Administration of Sentences) Act 1999 No 93
             The Crimes (Administration of Sentences) Act 1999 is amended as set
             out in Schedule 1.

   4     Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
             The Crimes (Sentencing Procedure) Act 1999 is amended as set out in
             Schedule 2.




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Crimes (Administration of Sentences) Amendment Bill 2000

Amendment of Crimes (Administration of Sentences) Act 1999            Schedule 1




Schedule 1           Amendment of Crimes (Administration of
                     Sentences) Act 1999
                                                                           (Section 3)


 [1]   Section 3 Interpretation

       Insert in alphabetical order in section 3 (1):
                    Chief Executive Officer, Corrections Health Service means
                    the person for the time being holding office or acting as the
                    Chief Executive Officer of the Corrections Health Service.
                    Corrections Health Service means the Corrections Health
                    Service specified in Schedule 2 to the Health Services Act 1997
                    and constituted as a statutory health corporation by that Act.
                    medical officer, in relation to a correctional centre, means a
                    medical officer appointed for the correctional centre as referred
                    to in section 236C.

 [2]   Section 3 (1)

       Omit the definition of law enforcement agency. Insert instead:
                  law enforcement agency means any of the following:
                  (a)     the Police Service, or the police force of another State
                          or a Territory,
                  (b)     the New South Wales Crime Commission,
                  (c)     the Australian Federal Police,
                  (d)     the National Crime Authority,
                  (e)     the Director of Public Prosecutions of New South
                          Wales, of another State or a Territory or of the
                          Commonwealth,
                  (f)     the Police Integrity Commission,
                  (g)     the Independent Commission Against Corruption,
                  (h)     the Department of Juvenile Justice,
                  (i)     a person or body prescribed by the regulations for the
                          purposes of this definition.



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Schedule 1         Amendment of Crimes (Administration of Sentences) Act 1999




 [3]     Section 6 Work performed by inmates

         Omit "community service" from section 6 (1).

 [4]     Section 6 (2)

         Insert ", or any work for the Department or a public or local authority," after
         "community service work".

 [5]     Section 19 Review of segregated or protective custody direction by
         Review Council

         Omit section 19 (4). Insert instead:
                (4) The Review Council may reject the application if:
                    (a)   the application does not, in the opinion of the Review
                          Council, disclose substantial grounds for a review, or
                    (b)   the Review Council has previously determined a review
                          of the same direction under this Division and the
                          application does not, in the opinion of the Review
                          Council, disclose substantially different grounds for a
                          review.

 [6]     Section 38 Absent inmates taken to be in custody

         Insert "or other work" after "community service work" in section 38 (1) (a).

 [7]     Section 38 (2)

         Omit "the custody" where firstly occurring. Insert instead "custody".

 [8]     Sections 38 (4), 77 (5) and 249

         Omit the definition of correctional officer wherever occurring.
         Insert instead:
                      correctional officer includes:
                      (a)    a person employed on a temporary basis within the
                             Department to perform some or all of the duties of a
                             correctional officer, and
                      (b)    a person holding an authority under section 240 to
                             perform escort duties.


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Crimes (Administration of Sentences) Amendment Bill 2000

Amendment of Crimes (Administration of Sentences) Act 1999             Schedule 1




 [9]   Section 39

       Omit the section. Insert instead:

         39    Powers of arrest
                (1) A police officer or correctional officer may, with or without a
                    warrant, arrest an inmate:
                    (a)    who has contravened, or has manifested an intention to
                           contravene, a condition of a local leave order, local
                           leave permit or interstate leave permit, or
                    (b)    whose local leave order, local leave permit or interstate
                           leave permit has been revoked, or
                    (c)    who has not returned to a correctional centre at the
                           expiry of the period specified in a local leave order,
                           local leave permit or interstate leave permit, or
                    (d)    who has escaped from custody.
                (2) The police officer or correctional officer is to convey the
                    inmate to the nearest appropriate correctional centre.
                (3) If it appears to the Commissioner that any of the occurrences
                    listed in subsection (1) in relation to an inmate have taken
                    place, the Commissioner may issue a warrant for the inmate's
                    arrest and return to a correctional centre.
                (4) A warrant under this section is sufficient authority for a police
                    officer or correctional officer to whom the warrant is addressed
                    to arrest the inmate named in the warrant, to convey the inmate
                    to the correctional centre specified in the warrant and to deliver
                    the inmate into the custody of the governor of that correctional
                    centre.

[10]   Section 59 Compensation for property damage

       Omit "$50" from section 59 (2). Insert instead "$100".




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                   Crimes (Administration of Sentences) Amendment Bill 2000

Schedule 1         Amendment of Crimes (Administration of Sentences) Act 1999




[11]     Section 72A

         Insert after section 72:

         72A    Medical attention
                      An inmate must be supplied with such medical attendance,
                      treatment and medicine as in the opinion of a medical officer
                      is necessary for the preservation of the health of the inmate, of
                      other inmates and of any other person.

[12]     Section 73

         Omit the section. Insert instead:

          73    Compulsory medical treatment
                (1) A medical practitioner (whether that practitioner is a medical
                    officer or not) may carry out medical treatment on an inmate
                    without the inmate's consent if the Chief Executive Officer,
                    Corrections Health Service is of the opinion, having taken into
                    account the cultural background and religious views of the
                    inmate, that it is necessary to do so in order to save the
                    inmate's life or to prevent serious damage to the inmate's
                    health.
                (2) Medical treatment carried out on an inmate under this section
                    is, for all purposes, taken to have been carried out with the
                    inmate's consent.
                (3) Nothing in this section relieves a medical practitioner from
                    liability in respect of the carrying out of medical treatment on
                    an inmate, being a liability to which the medical practitioner
                    would have been subject had the treatment been carried out
                    with the inmate's consent.
                (4) If the Chief Executive Officer, Corrections Health Service is
                    not a medical practitioner, the reference to the Chief Executive
                    Officer, Corrections Health Service in subsection (1) is taken
                    to be a reference to a person, designated by the Chief
                    Executive Officer for the purposes of that subsection, who is a
                    medical practitioner.




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Crimes (Administration of Sentences) Amendment Bill 2000

Amendment of Crimes (Administration of Sentences) Act 1999              Schedule 1




[13]   Section 75 Confiscation of property

       Insert "(including any money)" after "property" in section 75 (1).

[14]   Section 77 Attendance of inmates before courts and court officers

       Insert ", a sheriff's officer" after "a correctional officer" in section 77 (3).

[15]   Section 77 (5)

       Insert in appropriate order:
                    court includes the following:
                    (a)    the Children's Court,
                    (b)    the Federal Court of Australia,
                    (c)    the Family Court of Australia,
                    (d)    the Federal Magistrates Court of Australia,
                    (e)    the Dust Diseases Tribunal,
                    (f)    any other court or body prescribed by the regulations for
                           the purposes of this definition.

[16]   Section 79 Regulations

       Omit section 79 (e). Insert instead:
                     (e)     the physical, psychological and spiritual welfare of
                             inmates while in custody and following their release,

[17]   Section 79 (f)

       Insert "under section 6" after "carry out".

[18]   Section 79 (h)

       Omit "and the confiscation of property unlawfully in the possession of
       inmates".




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                    Crimes (Administration of Sentences) Amendment Bill 2000

Schedule 1          Amendment of Crimes (Administration of Sentences) Act 1999




[19]     Section 79 (h1)

         Insert after section 79 (h):
                      (h1)   the forfeiture and disposal of an inmate's abandoned or
                             unclaimed property (including money), or of unhygienic
                             or otherwise dangerous property (including money)
                             received from, or sent to, an inmate,

[20]     Section 79 (x)

         Omit "and chaplains".

[21]     Section 79 (x1)

         Insert after section 79 (x):
                      (x1)    the appointment of ministers of religion and other
                              spiritual advisors for correctional centres,

[22]     Section 82 Duration of periodic detention order

         Insert at the end of section 82 (2):
                (3) Nothing in this section affects the operation of section 89.

[23]     Section 89 Failure to report or reporting late extends term of sentence

         Insert at the end of section 89 (7):
                (8) If an offender has failed to report for a detention period but
                    during that detention period is taken into custody (whether in
                    relation to the offence concerned or otherwise and whether as
                    an inmate of a correctional centre or otherwise), the offender is
                    for the purposes of this section taken to have reported late for
                    that detention period without leave of absence.

[24]     Section 93 Appeal to Parole Board from Commissioner's refusal to
         grant leave of absence

         Omit "a Local Court" from section 93 (1). Insert instead "the Parole Board".

[25]     Section 93 (3), (4) and (5)

         Omit "Local Court" wherever occurring. Insert instead "Parole Board".


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Amendment of Crimes (Administration of Sentences) Act 1999              Schedule 1




[26]   Section 98 Application of Part 2 to periodic detention

       Insert ", and the provisions of any regulations made under that Part," after
       "regulations)" in section 98 (2) (a).

[27]   Section 98 (2) (b)

       Insert "or of the regulations under that Part" after "Part 2".

[28]   Part 5, heading

       Insert "and other work performed by offenders" after "Community
       service work".

[29]   Section 114 Extension of period of community service order

       Omit "the sentencing court" from section 114 (1).
       Insert instead "a Local Court".

[30]   Section 115 Revocation of community service orders

       Insert at the end of section 115 (2):
              (2A) The application cannot be made later than one month after the
                   expiry of the relevant maximum period for the order.

[31]   Section 116

       Omit the section. Insert instead:

        116    Summonses and warrants for attendance
                (1) The court to which an offender's assigned officer makes an
                    application:
                    (a)    for the extension of the period for which the offender's
                           community service order is to remain in force, or
                    (b)    for the revocation of the offender's community service
                           order,
                     may call on the offender to appear before it.
                (2) If the offender fails to appear, the court may:
                    (a)     issue a warrant for the offender's arrest, or



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                 Crimes (Administration of Sentences) Amendment Bill 2000

Schedule 1       Amendment of Crimes (Administration of Sentences) Act 1999




                    (b)    authorise an authorised justice to issue a warrant for the
                           offender's arrest.
              (3) If, however, at the time the assigned officer makes the
                  application referred to in subsection (1), the court is satisfied
                  that the location of the offender is unknown, the court may
                  immediately:
                  (a)    issue a warrant for the offender's arrest, or
                  (b)    authorise an authorised justice to issue a warrant for the
                         offender's arrest.
              (4) In this section, authorised justice means a justice employed
                  within the Attorney General's Department.

[32]   Part 5, Division 2, heading

       Insert "and other work performed by offenders" after "community
       service work".

[33]   Section 118 Definitions

       Insert at the end of paragraph (d) of the definition of community service
       work:
                           , and
                    (e)    other work performed by an offender outside a
                           correctional centre in accordance with section 6 (2).

[34]   Section 138 Decision of Parole Board

       Insert at the end of the section:
              (2) Nothing in subsection (1) affects the power of the Parole Board
                  to amend or repeal an order as referred to in section 43 (2) of
                  the Interpretation Act 1987.

[35]   Section 163 Revocation of periodic detention order

       Insert at the end of section 163 (1) (b):
                           , or
                    (c)    if the offender has applied for the order to be revoked.



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Crimes (Administration of Sentences) Amendment Bill 2000

Amendment of Crimes (Administration of Sentences) Act 1999             Schedule 1




[36]   Section 163 (1A) and (1B)

       Insert at the end of section 163 (1):
              (1A) The Parole Board may revoke an offender's periodic detention
                   order on the application of the Commissioner if it is satisfied
                   that health reasons or compassionate grounds exist that justify
                   its revocation.
              (1B) If a periodic detention order is revoked under subsection (1A),
                   the Parole Board may, on the application of the Commissioner,
                   make such other orders in relation to the offender as it
                   considers appropriate.

[37]   Section 165

       Omit the section. Insert instead:

        165    Parole Board may order home detention
                (1) If the Parole Board revokes a periodic detention order under
                    this Division, it may make an order directing that the remainder
                    of the sentence to which the periodic detention order relates (if
                    that remainder is 18 months or less) is to be served by way of
                    home detention.
                (2) Part 6 of the Crimes (Sentencing Procedure) Act 1999 applies
                    to and in respect of a home detention order under this section
                    and such an order is taken to be a home detention order made
                    under section 7 of that Act.
                (3) When, for the purposes of an order referred to in subsection (1),
                    the Parole Board refers an offender for assessment in relation
                    to a sentence of home detention, the Board may by order:
                    (a)    stay the execution of the offender's sentence, and
                    (b)    release the offender subject to such supervision as is
                           prescribed by the regulations,
                     until the Board decides whether or not to make the home
                     detention order.




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                 Crimes (Administration of Sentences) Amendment Bill 2000

Schedule 1       Amendment of Crimes (Administration of Sentences) Act 1999




[38]   Section 167 Revocation of home detention order

       Insert at the end of section 167 (1) (b):
                           , or
                   (c)     if the offender has applied for the order to be revoked,
                           or
                   (d)     if a person with whom the offender resides during the
                           period of the offender's home detention has withdrawn
                           in writing, in the form prescribed by the regulations, his
                           or her consent to the continued operation of the home
                           detention order.

[39]   Section 168A

       Insert after section 168:

       168A   Parole Board may reinstate revoked home detention order
              (1) If:
                  (a)      an offender's home detention order has been revoked
                           under this Division or section 179, and
                   (b)     the offender has, since that revocation, served at least
                           three months of the offender's sentence by way of full-
                           time detention,
                   the Parole Board may, on the application of the offender and
                   subject to Part 6 of the Crimes (Sentencing Procedure) Act
                   1999, make an order reinstating the offender's revoked home
                   detention order in respect of the remaining balance of the
                   offender's sentence.
              (2) Before making an order referred to in subsection (1), the Parole
                  Board must refer the offender to the Probation and Parole
                  Service for assessment as to the suitability of the offender for
                  home detention.

[40]   Section 170 Revocation of parole order

       Insert at the end of section 170 (1) (b):
                           , or
                   (c)     if the offender has applied for the order to be revoked.

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Crimes (Administration of Sentences) Amendment Bill 2000

Amendment of Crimes (Administration of Sentences) Act 1999             Schedule 1




[41]   Section 179 Consequential revocation of other orders

       Insert ", except as provided by subsection (4)" after "section" in section
       179 (2).

[42]   Section 179 (4)

       Insert at the end of section 179 (3):
                (4) Section 165 applies to a periodic detention order revoked under
                    this section in the same way as it applies to a periodic detention
                    order revoked under Division 1 of this Part.

[43]   Section 179A

       Insert after section 179:

       179A    Revocation of first of consecutive home detention orders-Parole
               Board to seek new assessment
                (1) If:
                    (a)      an offender's home detention order is revoked under
                             this Part, and
                     (b)     the offender is the subject of one or more other home
                             detention orders yet to come into force (being an order
                             or orders that the Parole Board has declined to revoke),
                     the Parole Board must refer the offender to the Probation and
                     Parole Service for assessment as to the suitability of the
                     offender for home detention in accordance with Part 6 of the
                     Crimes (Sentencing Procedure) Act 1999 before the other order
                     (or, if more than one, the first order that would commence)
                     comes into force.
                (2) If, following the assessment, the Parole Board determines that
                    the offender is not suitable for home detention, the Board must
                    revoke the offender's next home detention order.
                (3) Divisions 1, 2 and 3 do not apply to the revocation of a home
                    detention order under this section.
                (4) No appeal lies against a revocation of a home detention order
                    under this section.



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Schedule 1       Amendment of Crimes (Administration of Sentences) Act 1999




[44]   Sections 180 and 181

       Omit "or Deputy Chairperson" from sections 180 (2) (a) and 181 (2)
       wherever occurring.
       Insert instead ", Deputy Chairperson or Secretary".

[45]   Section 184 Divisions of Parole Board

       Omit section 184 (2). Insert instead:
              (2) A Division is to consist of:
                  (a)   one judicial member, and
                  (b)   at least one community member, and
                  (c)   either or both of the following:
                        (i)     the Secretary of the Parole Board,
                        (ii)    one or more official members.

[46]   Section 192A

       Insert after section 192:

       192A   Minister to table report
              (1) The Minister must, as soon as practicable after receiving the
                  report referred to in section 192 (1), lay a copy of the report or
                  cause it to be laid before both Houses of Parliament.
              (2) If a House of Parliament is not sitting when the Minister seeks
                  to comply with subsection (1), the Minister must present copies
                  of the report to the Clerk of the House of Parliament.
              (3) A report presented to the Clerk of a House of Parliament:
                  (a)   is taken on presentation, and for all purposes, to have
                        been laid before the House of Parliament, and
                  (b)   may be printed by authority of the Clerk of the House,
                        and
                  (c)   for all purposes is taken to be a document published by
                        order or under the authority of the House, and




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Amendment of Crimes (Administration of Sentences) Act 1999              Schedule 1




                     (d)     on the first sitting day of the House after receipt of the
                             report by the Clerk, must be recorded:
                             (i)     in the case of the Legislative Council--in the
                                     Minutes of the Proceedings of the Legislative
                                     Council, or
                             (ii)    in the case of the Legislative Assembly--in the
                                     Votes and Proceedings of the Legislative
                                     Assembly.

[47]   Section 194

       Omit the section. Insert instead:

        194    Security of certain information
                     Nothing in this Act or the regulations requires a person to be
                     provided with a copy of a report or another document (or any
                     part of the report or document) if its provision to the person
                     may, in the opinion of a judicial member:
                     (a)    adversely affect the security, discipline or good order of
                            a correctional centre, or
                     (b)    endanger the person or any other person, or
                     (c)    jeopardise the conduct of any lawful investigation, or
                     (d)    prejudice the public interest.

[48]   Section 195 Constitution of Review Council

       Insert "at least 8, but not more than" after "consist of" in section 195 (2).

[49]   Section 209 Annual reports

       Insert at the end of section 209:
                (2) If a House of Parliament is not sitting when the Minister seeks
                    to comply with subsection (1), the Minister must present copies
                    of the report to the Clerk of the House of Parliament.
                (3) A report presented to the Clerk of a House of Parliament:
                    (a)   is taken on presentation, and for all purposes, to have
                          been laid before the House of Parliament, and
                    (b)   may be printed by authority of the Clerk of the House,
                          and

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Schedule 1       Amendment of Crimes (Administration of Sentences) Act 1999




                   (c)     for all purposes is taken to be a document published by
                           order or under the authority of the House, and
                   (d)     on the first sitting day of the House after receipt of the
                           report by the Clerk, must be recorded:
                           (i)      in the case of the Legislative Council--in the
                                    Minutes of the Proceedings of the Legislative
                                    Council, or
                           (ii)     in the case of the Legislative Assembly--in the
                                    Votes and Proceedings of the Legislative
                                    Assembly.

[50]   Section 209A

       Insert after section 209:

       209A   Security of certain information
                   Nothing in this Act or the regulations requires a person to be
                   provided with a copy of a report or another document (or any
                   part of the report or document) if its provision to the person
                   may, in the opinion of a judicial member:
                   (a)    adversely affect the security, discipline or good order of
                          a correctional centre, or
                   (b)    endanger the person or any other person, or
                   (c)    jeopardise the conduct of any lawful investigation, or
                   (d)    prejudice the public interest.

[51]   Section 235B

       Insert after section 235A:

       235B   Commissioner's instructions
                   The Commissioner may issue (and from time to time amend or
                   revoke) instructions, not inconsistent with this Act or the
                   regulations, or with the Public Sector Management Act 1988 or
                   the regulations made under that Act, to the staff of the
                   Department (including correctional officers) with respect to the
                   management and control of the Department.




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Crimes (Administration of Sentences) Amendment Bill 2000

Amendment of Crimes (Administration of Sentences) Act 1999             Schedule 1




[52]   Part 11, Division 4

       Insert after Division 3 of Part 11:

       Division 4            Health

       236A    Functions of Corrections Health Service
                     The Corrections Health Service, in addition to any other
                     functions conferred on it by or under this or any other Act or
                     law, has the following functions:
                     (a)    to provide health services to offenders and other persons
                            in custody within the meaning of section 249,
                     (b)    to monitor the provision of health services in managed
                            correctional centres,
                     (c)    to prevent the spread of infectious diseases in, or in
                            relation to, correctional centres,
                     (d)    to keep medical records of offenders and other persons
                            in custody within the meaning of section 249,
                     (e)    to provide advice to the Commissioner on the diet,
                            exercise, clothing, capacity to work and general hygiene
                            of inmates.

       236B    CEO, Corrections Health Service to have access to centres
                     For the purpose of ensuring that the provisions of this Act and
                     the regulations (in so far as they relate to the functions of the
                     Corrections Health Service) are being complied with at a
                     correctional centre (including a periodic detention centre), the
                     Chief Executive Officer, Corrections Health Service, is to have
                     free and unfettered access at all times to all parts of the
                     correctional centre, to all medical records held at the
                     correctional centre and to all offenders held in custody in the
                     correctional centre.

       236C    Appointment of medical officers
                (1) The Chief Executive Officer, Corrections Health Service, may
                    appoint one or more registered medical practitioners as medical
                    officers for a correctional centre.



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Schedule 1       Amendment of Crimes (Administration of Sentences) Act 1999




              (2) A registered medical practitioner may be appointed as a
                  medical officer for one or more correctional centres.
              (3) A medical officer is subject to the direction and control of the
                  Chief Executive Officer, Corrections Health Service.
              (4) A medical officer for a correctional centre is to attend the
                  correctional centre as regularly and frequently as is necessary
                  to comply with the medical officer's statutory obligations.
              (5) The Chief Executive Officer, Corrections Health Service is to
                  keep such statistical records, and furnish to the Commissioner
                  such returns, as the Commissioner may direct in relation to
                  health services provided to inmates.
              (6) A person who held office as a medical officer for a
                  correctional centre immediately before the commencement of
                  this section is taken to hold office pursuant to an appointment
                  under this section, and the appointment may be suspended or
                  revoked accordingly.

[53]   Section 244 Corrections Health Service

       Omit section 244 (3).

[54]   Schedule 1 Parole Board

       Omit "non-judicial member of the Review Council" from clause 12 of
       Schedule 1.
       Insert instead "person (who need not be a member of the Review Council)".

[55]   Schedule 1, clause 14 (3)

       Insert at the end of clause 14 (2):
              (3) Despite subclause (1), the Chairperson may convene up to 6
                  meetings a year of the Parole Board at which all community
                  members may attend.

[56]   Schedule 2 Serious Offenders Review Council

       Insert at the end of clause 13 (2) of Schedule 2:
              (3) Despite subclause (1), the Chairperson may convene up to 6
                  meetings a year of the Review Council at which all community
                  members may attend.

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Crimes (Administration of Sentences) Amendment Bill 2000

Amendment of Crimes (Administration of Sentences) Act 1999                Schedule 1




[57]   Schedule 5 Savings, transitional and other provisions

       Insert at the end of clause 1 (1) of Schedule 5:
                     Crimes (Administration of Sentences) Amendment Act 2000

[58]   Schedule 5, clause 31

       Insert at the end of clause 31 (2):
                (3) Division 2 of Part 6 (section 137 (1) (a) excepted) applies to
                    the person.
                (4) The Parole Board must, not more than 30 days after the
                    revocation of the offender's periodic detention order, consider
                    whether or not the offender should be released on parole.
                (5) This clause does not operate to create a non-parole period for
                    a sentence of imprisonment if the remainder of the term of the
                    sentence is 6 months or less.
                     Note. Clause 31 (1) and (2) commenced on 3 April 2000.

[59]   Schedule 5, Part 3

       Insert after Part 2 of Schedule 5:


       Part 3 Provisions consequent on enactment of
              Crimes (Administration of Sentences)
              Amendment Act 2000

         60    Validation of certain Parole Board meetings
                (1) The participation by any person in any proceedings of the
                    Parole Board at a meeting held after 10 August 2000 but
                    before the commencement of the amending Act, is, if the
                    participation would have been valid had the amendments made
                    to clause 12 of Schedule 1 to the Act by the amending Act
                    been in force at that time, validated by this clause.
                (2) In this clause, amending Act means the Crimes
                    (Administration of Sentences) Amendment Act 2000.




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                 Crimes (Administration of Sentences) Amendment Bill 2000

Schedule 2       Amendment of Crimes (Sentencing Procedure) Act 1999




Schedule 2         Amendment of Crimes (Sentencing
                   Procedure) Act 1999
                                                                            (Section 4)


 [1]   Section 98 Proceedings for breach of good behaviour bond

       Omit "and, if the offender does not appear, may issue a warrant for the
       offender's arrest" from section 98 (1).

 [2]   Section 98 (1A) and (1B)

       Insert at the end of section 98 (1):
             (1A) If the offender fails to appear, the court may:
                  (a)     issue a warrant for the offender's arrest, or
                  (b)     authorise an authorised justice to issue a warrant for the
                          offender's arrest.
             (1B) If, however, at the time the court proposes to call on an
                  offender to appear before it, the court is satisfied that the
                  location of the offender is unknown, the court may
                  immediately:
                  (a)    issue a warrant for the offender's arrest, or
                  (b)    authorise an authorised justice to issue a warrant for the
                         offender's arrest.

 [3]   Section 98 (4)

       Insert at the end of section 98 (3):
              (4) In this section, authorised justice means a justice employed
                  within the Attorney General's Department.




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