New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--Crimes (Administration of Sentences) Act 1999Crimes Legislation Amendment (Sentencing) Act 1999Crimes (Administration of Sentences) Amendment Act 2000Crimes Legislation Amendment (Existing Life Sentences) Act 2001Criminal Legislation Amendment Act 2001 , to the extent that it amends this ActCrimes (Administration of Sentences) Amendment Act 2002Crimes Legislation Amendment (Periodic and Home Detention) Act 2002Crimes (Administration of Sentences) Further Amendment Act 2002Crimes Legislation Amendment (Parole) Act 2003 , to the extent that it amends this ActCompulsory Drug Treatment Correctional Centre Act 2004 (but only to the extent that it amends this Act)Crimes (Administration of Sentences) Amendment Act 2004Crimes (Administration of Sentences) Amendment (Norfolk Island Prisoners) Act 2004Crimes (Administration of Sentences) Amendment (Parole) Act 2004Crimes (Administration of Sentences) Amendment Act 2006Crimes (Administration of Sentences) Amendment Act 2007Crimes (Administration of Sentences) Legislation Amendment Act 2008Crimes (Administration of Sentences) Amendment Act 2008Crimes (Administration of Sentences) Amendment Act 2009Crimes (Administration of Sentences) Amendment Act 2010Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 (but only to the extent that it amends this Act)Crimes (Sentencing Procedure) Amendment Act 2010 (but only to the extent that it amends this Act)Crimes (Serious Sex Offenders) Amendment Act 2010any other Act that amends this Act
(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
In this Division--
"1952 Act" means the Correctional Centres Act 1952 , as in force immediately
before the appointed day.
"appointed day" means the day on which Part 2 of this Act commences.
Any premises that, immediately before the appointed day, were a correctional complex or correctional centre by virtue of a proclamation under section 5 of the 1952 Act are taken to be a correctional complex or correctional centre, as the case requires, by virtue of a proclamation under section 224 or 225 of this Act.
(1) Any person who, immediately before the appointed day, was an Official Visitor appointed under section 8A of the 1952 Act is taken to be an Official Visitor appointed under section 228 of this Act.
(2) Any person who, immediately before the appointed day, was a Visiting Justice appointed under section 10 of the 1952 Act is taken to be a Visiting Justice appointed under section 227 of this Act.
(3) Any person who, immediately before the appointed day, was appointed to inquire into and report on a matter under section 11A of the 1952 Act is taken to have been appointed to inquire into and report on that matter under section 230 of this Act, and any such inquiry may be conducted accordingly.
(1) Any inquiry or other proceedings that, immediately before the appointed day, had been commenced but not concluded under Part 4 of the 1952 Act may be continued and concluded under that Part as if the 1952 Act had not been repealed.
(2) Any penalty imposed under Part 4 of the 1952 Act, whether before or after the appointed day, is taken to have been imposed under Division 6 of Part 2 of this Act.
(3) Any record of penalties made for the purposes of section 26F of the 1952 Act is taken to have been made for the purposes of section 61 of this Act.
Any order or permit that, immediately before the appointed day, was in force under section 27, 28 or 29 of the 1952 Act is taken to be an order or permit in force under section 23, 24, 25 or 26 of this Act, as the case requires, and may be revoked or amended accordingly.
Any warrant that, immediately before the appointed day, was in force under section 29 of the 1952 Act is taken to be a warrant in force under section 39 of this Act, and may be enforced accordingly.
(1) Any order that, immediately before the appointed day, was in force under section 29AB of the 1952 Act is taken to be an order in force under section 28 of this Act, and may be revoked or amended accordingly.
(2) Any interstate leave permit that, immediately before the appointed day, was in force under section 29AC of the 1952 Act is taken to be an interstate leave permit in force under section 29 of this Act, and may be revoked or amended accordingly.
Section 40 of this Act applies to any absence from custody to which section 29B of the 1952 Act applied immediately before the appointed day.
A management or submanagement agreement in force immediately before the appointed day under section 31B of the 1952 Act is taken to be a management or submanagement agreement, as the case requires, in force under section 238 or 239 of this Act.
An authorisation in force immediately before the appointed day under section 31C of the 1952 Act is taken to be an authorisation in force under section 240 of this Act.
Any person who, immediately before the appointed day, was appointed as a monitor for the purposes of section 31E of the 1952 Act is taken to have been appointed as a monitor for the purposes of section 242 of this Act.
Any statement that was prepared for the purposes of section 31J of the 1952 Act is taken to be a statement prepared for the purposes of section 248 of this Act.
Any return made under section 40A of the 1952 Act is taken to be a return made for the purposes of section 258 of this Act.
Any certificate issued under section 40B of the 1952 Act is taken to be a certificate issued under section 260 of this Act.
Any order that, immediately before the appointed day, was in force under section 44 of the 1952 Act is taken to be an order in force under section 77 of this Act, and may be revoked or amended accordingly.
(1) The Serious Offenders Review Council constituted by this Act is a continuation of, and the same entity as, the Serious Offenders Review Council constituted under the 1952 Act.
(2) Subject to this Act, the persons who, immediately before the appointed day, were members of the Serious Offenders Review Council under the 1952 Act continue to hold office as members of the Serious Offenders Review Council under this Act for the remainder of their terms of office under the 1952 Act.
(3) A Management Committee established under section 63 of the 1952 Act continues as a Management Committee under section 206 of this Act.
(4) Subject to this Act, the persons who, immediately before the appointed day, were members of a Management Committee under section 63 of the 1952 Act continue to hold office as members of the corresponding Management Committee under this Act for the remainder of their terms of office under the 1952 Act.
(5) A Management Committee subcommittee established under section 63 of the 1952 Act continues as a Management Committee subcommittee under section 207 of this Act.
(6) Subject to this Act, the persons who, immediately before the appointed day, were members of a Management Committee subcommittee under section 63 of the 1952 Act continue to hold office as members of the corresponding Management Committee subcommittee under this Act for the remainder of their terms of office under the 1952 Act.
The following regulations under the 1952 Act are taken to be regulations made under this Act, and may be amended and repealed accordingly--
(a) the Correctional Centres (Administration) Regulation 1995 ,
(b) the Correctional Centres (General) Regulation 1995 .
In this
Division--
"1981 Act" means the Periodic Detention of Prisoners Act 1981 , as in force
immediately before the appointed day.
"appointed day" means the day on which Part 3 of this Act commences.
Any order for periodic detention that, immediately before the appointed day, was in force under the 1981 Act is taken to be a periodic detention order in force under this Act, and may be revoked or amended accordingly.
(1) Any order that, immediately before the appointed day, was in force under section 10 of the 1981 Act is taken to be an order in force under section 84 (1) of this Act, and may be revoked or amended accordingly.
(2) Any order that, immediately before the appointed day, was in force under section 11 of the 1981 Act is taken to be an order in force under section 84 (4) of this Act, and may be revoked or amended accordingly.
Any order that, immediately before the appointed day, was in force under section 11A, 12 or 13 of the 1981 Act is taken to be an order in force under section 85 of this Act, and may be revoked or amended accordingly.
Any leave of absence granted under the 1981 Act is taken to have been granted under Division 2 of Part 3 of this Act.
If a term of the sentence to be served by way of periodic detention under an order for periodic detention under the 1981 Act was extended under that Act, the term of the sentence to be served by way of periodic detention under a periodic detention order under this Act is taken to have been extended accordingly.
Any exemption that, immediately before the appointed day, was in force under section 21A of the 1981 Act is taken to be an exemption in force under section 90 of this Act, and may be revoked or amended accordingly.
Any order that, immediately before the appointed day, was in force under section 21B of the 1981 Act is taken to be an order in force under section 92 of this Act, and may be revoked or amended accordingly.
Any direction that, immediately before the appointed day, was in force under section 22 of the 1981 Act is taken to be an order in force under section 94 of this Act, and may be revoked or amended accordingly.
Any proceedings that had been commenced, but not determined, under the 1981 Act before the appointed day are to be continued and disposed of under that Act as if that Act had not been repealed.
Any warrant that, immediately before the appointed day, was in force under section 26 of the 1981 Act is taken to be a warrant in force under section 181 of this Act, and may be enforced accordingly.
Division 5 of Part 7 of this Act applies to a decision of the Parole Board to cancel an order for periodic detention under the 1981 Act in the same way as it applies to a decision of the Parole Board to revoke a periodic detention order under Division 1 of Part 7 of this Act.
(1) This clause applies to a sentence of imprisonment that was imposed before 1 February 1999 and that is the subject of a periodic detention order made before that date.
(2) Any person who becomes liable to full-time imprisonment as a consequence of the revocation by the Parole Board of a periodic detention order referred to in subclause (1) is eligible for parole under section 159 of this Act as if a non-parole period, expiring on the commencement of this clause, had been set for the sentence in respect of which the periodic detention order was made.
(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.
The Periodic Detention of Prisoners Regulation 1995 is taken to be a regulation made under this Act, and may be amended and repealed accordingly.
In this Division--
"1996 Act" means the Home Detention Act 1996 , as in force immediately before
the appointed day.
"appointed day" means the day on which Part 4 of this Act commences.
Any home detention order that, immediately before the appointed day, was in force under the 1996 Act--
(a) is taken to be a home detention order within the meaning of this Act, and
(b) is taken to be subject to the same conditions as those to which it was subject immediately before that day.
Any proceedings that had been commenced, but not determined, under the 1996 Act before the appointed day are to be continued and disposed of under that Act as if that Act had not been repealed.
Division 5 of Part 7 of this Act applies to a decision of the Parole Board to revoke a home detention order under the 1996 Act in the same way as it applies to a decision of the Parole Board to revoke a home detention order under Division 2 of Part 7 of this Act.
In this
Division--
"1979 Act" means the Community Service Orders Act 1979 , as in force
immediately before the appointed day.
"appointed day" means the day on which Part 5 of this Act commences.
Any community service order that, immediately before the appointed day, was in force under the 1979 Act--
(a) is taken to be a community service order within the meaning of this Act, and
(b) is taken to be subject to the same conditions as those to which it was subject immediately before that day.
(1) Any person who, immediately before the appointed day, was an assigned officer in relation to a community service order under the 1979 Act is taken to be an assigned officer in relation to the corresponding community service order under Part 5 of this Act.
(2) Any person who, immediately before the appointed day, was a supervisor under the 1979 Act is taken to be a supervisor under Part 5 of this Act.
Any work performed for the purposes of a community service order under the 1979 Act is taken to be work performed for the purposes of the corresponding community service order under this Act.
Any extension of the period of a community service order under section 17 of the 1979 Act is taken to be an extension of the period of the corresponding community service order under section 114 of this Act.
Any proceedings that had been commenced, but not determined, under the 1979 Act before the appointed day are to be continued and disposed of under that Act as if that Act had not been repealed.
Any summons or warrant that, immediately before the appointed day, was in force under section 24 of the 1979 Act is taken to be a summons or warrant in force under section 116 of this Act, and may be enforced accordingly.
Division 2 of Part 5 of this Act applies to any matter to which Part 4 of the 1979 Act applied immediately before the appointed day.
In this Division--
"1989 Act" means the Sentencing Act 1989 , as in force immediately before the
appointed day.
"appointed day" means the day on which Part 6 of this Act commences.
Any parole order that, immediately before the appointed day, was in force under the 1989 Act--
(a) is taken to be a parole order within the meaning of this Act, and
(b) is taken to be subject to the same conditions as those to which it was subject immediately before that day.
Section 132 of this Act applies to any period for which a person was lawfully released on parole under the 1989 Act in the same way as it applies to any period for which a person is lawfully released on parole under Part 6 of this Act.
Any proceedings that had been commenced, but not determined, under the 1989 Act before the appointed day are to be continued and disposed of under that Act as if that Act had not been repealed.
Any warrant that, immediately before the appointed day, was in force under section 36 of the 1989 Act is taken to be a warrant in force under section 181 of this Act, and may be enforced accordingly.
Any certificate issued under section 52 of the 1989 Act is taken to be a certificate issued under section 260 of this Act.
(1) Subdivision 4 of Division 2 of Part 6 of this Act applies to a decision of the Parole Board to refuse parole under the 1989 Act in the same way as it applies to a decision of the Parole Board to refuse parole under Subdivision 2 or 3 of Division 2 of Part 6 of this Act.
(2) Division 5 of Part 7 of this Act applies to a decision of the Parole Board to revoke parole under the 1989 Act in the same way as it applies to a decision of the Parole Board to revoke a parole order under Division 3 of Part 7 of this Act.
(1) The Parole Board constituted by this Act is a continuation of, and the same entity as, the Parole Board constituted by the 1989 Act.
(2) Subject to this Act, the persons who, immediately before the appointed day, were members of the Parole Board under the 1989 Act continue to hold office as members of the Parole Board under this Act for the remainder of their terms of office under the 1989 Act.
The Victims Register kept under section 22M of the 1989 Act is taken to be the Victims Register kept under section 256 of this Act.
In this Division--
"appointed day" means the day appointed under section 2 for the commencement
of the provision of this Act in relation to which that expression is used.
"old legislation" means--
(a) any Act or instrument repealed by Schedule 1 to the Crimes Legislation Amendment (Sentencing) Act 1999 , as in force immediately before its repeal, and
(b) any Act or instrument amended by Schedule 2, 3, 4 or 5 to the Crimes Legislation Amendment (Sentencing) Act 1999 , as in force immediately before its amendment.
Any recognizance to be of good behaviour that was in force immediately before the power to require a person to enter into such a recognizance was abolished by section 101 of the Crimes (Sentencing Procedure) Act 1999 continues to have effect, and may be enforced, as if that power had not been abolished.
Any delegation that, immediately before the appointed day, was in force under a provision of the old legislation for which there is a corresponding provision in this Act is taken to be a delegation in force under the corresponding provision of this Act.
Subject to the regulations, in any Act or instrument--
(a) a reference to a provision of the old legislation for which there is a corresponding provision in this Act extends to the corresponding provision of this Act, and
(b) a reference to any act, matter or thing referred to in a provision of the old legislation for which there is a corresponding provision in this Act extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act.
In any Act or instrument--
(a) a reference to the Comptroller-General of Prisons is to be read as a reference to the Commissioner of Corrective Services, and
(b) a reference to the Deputy Comptroller-General of Prisons is to be read as a reference to the Deputy Commissioner of Corrective Services, and
(c) a reference to the Department of Prisons is to be read as a reference to the Department of Corrective Services.
Subject to the regulations--
(a) anything begun before the appointed day under a provision of the old legislation for which there is a corresponding provision in this Act may be continued and completed under the old legislation as if the Crimes Legislation Amendment (Sentencing) Act 1999 had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the old legislation for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.
(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 .
In this Part,
"the 2001 amending Act" means the Crimes Legislation Amendment (Existing Life
Sentences) Act 2001 .
The amendments made to this Act by the 2001 amending Act do not affect--
(a) any proceedings under Subdivision 3 of Division 2 of Part 6 of this Act in respect of which the Parole Board had taken action under section 144 of this Act, but had not made a decision under section 149 or 150 of this Act, before the commencement of those amendments, or
(b) any parole order made by the Parole Board under section 149, 150 or 160 of this Act before the commencement of those amendments.
Subject to clause 61, the amendments made to this Act by the 2001 amending Act apply to a serious offender--
(a) who is serving a sentence for which a determination had been made under clause 4 of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999 before the commencement of those amendments (including a determination referred to in clause 21 of Schedule 2 to that Act), and
(b) who is the subject of a non-release recommendation within the meaning of that Schedule, as in force from time to time,in the same way as they apply to a serious offender who is serving a sentence for which such a determination is made after that commencement and who is the subject of such a recommendation.
An amendment made to a provision of this Act by the Criminal Legislation Amendment Act 2001 applies only to and in respect of a determination of the Parole Board that occurs on or after the commencement of the amendment.
In this Part, the
"2002 amending Act" means the Crimes Legislation Amendment (Periodic and Home
Detention) Act 2002 .
Section 87 (3), as in force immediately before its substitution by the 2002 amending Act, continues to apply to any failure to report for a detention period that occurred before the subsection was substituted.
(1) Section 163 (2) (a), as substituted by the 2002 amending Act, applies to a failure to report for a detention period that occurred before the commencement of that paragraph (being one of a series of detention periods occurring during consecutive, or partly consecutive, sentences of imprisonment) only if it is one of a series of failures to report of which the most recent occurred after that commencement.
(2) Section 163 (2A), as inserted by the 2002 amending Act, applies to a failure to report for a detention period that occurred before the commencement of that subsection only if it is one of a series of consecutive failures to report of which the most recent occurred after that commencement.
(1) Section 164A, as inserted by the 2002 amending Act, extends to any periodic detention order that was revoked before that section was inserted.
(2) Section 168A (1A), as inserted by the 2002 amending Act, extends to any periodic detention order that was revoked before that subsection was inserted.
(1) Section 165, as substituted by the 2002 amending Act, extends to any periodic detention order that was in force immediately before that section was substituted.
(2) Section 165AA, as inserted by the 2002 amending Act, extends to any periodic detention order that was, or had been, in force before that section was inserted.
Section 167 (6), as inserted by the 2002 amending Act, extends to any home detention order that was in force immediately before that subsection was inserted.
In this Part--
"2002 amending Act" means the Crimes (Administration of Sentences) Further
Amendment Act 2002 .
(1) In this clause--
"commencement date" means the date on which Division 2 of Part 2 (as substituted by the 2002 amending Act) commences.
(2) A segregated or protective custody direction given under Division 2 of Part 2 before the commencement date is taken to be a segregated or protective custody direction given under Division 2 of Part 2 as substituted by the 2002 amending Act.
(3) For the purposes of the application of section 16 (as substituted by the 2002 amending Act) to a segregated or protective custody direction given before the commencement date, the following provisions have effect--(a) if the segregated or protective custody direction was given less than 14 days before the commencement date, the governor of the correctional centre where the inmate the subject of the direction is held in segregated or protective custody must submit a report about the direction to the Commissioner within 14 days after the direction was given, and that report is taken to be a report under section 16 (1),(b) if the segregated or protective custody direction was given not less than 14 days before the commencement date and was extended by the Commissioner less than 3 months before the commencement date, the governor of the correctional centre where the inmate the subject of the direction is held in segregated or protective custody is to prepare a report referred to in that section within 3 months after the direction was extended by the Commissioner, and that report is taken to be a report under section 16 (3),(c) if the segregated or protective custody direction was given not less than 14 days before the commencement date and was not extended by the Commissioner less than 3 months before the commencement date, the governor of the correctional centre where the inmate the subject of the direction is held in segregated or protective custody is to prepare a report referred to in that section as soon as possible after the commencement date, and that report is taken to be a report under section 16 (3).
(1) Schedule 1, as in force before its amendment by the 2002 amending Act, continues to apply to any proceedings before the Parole Board that had been commenced but not concluded immediately before the commencement of that amendment, and such proceedings are to be determined in accordance with Schedule 1 as if it had not been so amended.
(2) Schedule 2, as in force before its amendment by the 2002 amending Act, continues to apply to any proceedings before the Review Council that had been commenced but not concluded immediately before the commencement of that amendment, and such proceedings are to be determined in accordance with Schedule 2 as if it had not been so amended.
The substitution of section 183 (2) of this Act by the Crimes Legislation Amendment (Parole) Act 2003 does not affect the appointment of a person as a member of the Parole Board if the appointment was in force immediately before the substitution of that subsection.
The substitution of clause 1 (1) of Schedule 1 to this Act by the Crimes Legislation Amendment (Parole) Act 2003 does not affect a judicial member's appointment as Chairperson, Alternate Chairperson or Deputy Chairperson, respectively, of the Parole Board if the appointment was in force immediately before the substitution of that subclause.
In this Part, the
"2004 amending Act" means the Crimes (Administration of Sentences) Amendment
Act 2004 .
Sections 51, 53 and 54, as in force before their amendment by the 2004 amending Act, continue to apply to any correctional centre offence committed before the commencement of those amendments, and such offences are to be dealt with in accordance with those sections as if they had not been so amended.
Section 55, as in force before its amendment by the 2004 amending Act, continues to apply to any proceedings on a charge referred to a Visiting Magistrate that had been referred but not concluded before the commencement of that amendment, and such proceedings are to be determined in accordance with that section as if it had not been so amended.
Section 59, as in force before its amendment by the 2004 amending Act, continues to apply to a correctional centre offence committed before the commencement of that amendment, and such an offence is to be dealt with in accordance with that section as if it had not been so amended.
Section 163 (2) and (2A), as substituted by the 2004 amending Act, apply to a failure to report for a detention period that occurred before the commencement of the relevant provision (being one of a series of detention periods occurring during consecutive, or partly consecutive, sentences of imprisonment) only if it is one of a series of failures to report of which the most recent occurred after the relevant commencement.
(1) Section 255, as in force before its amendment by the 2004 amending Act, continues to apply to a sentence whose term or non-parole period was extended under this Act before the commencement of that amendment.
(2) Any such sentence and the date of commencement of any other sentence that is to be served consecutively with the extended sentence are to operate in accordance with section 255 as if it had not been so amended.
A document that contains matter relating to functions in relation to which the office of Inspector-General of Corrective Services was, by virtue of section 9 of the Freedom of Information Act 1989 , exempt from the operation of that Act immediately before 1 October 2003 is taken to be, and to always have been, an exempt document within the meaning of the Freedom of Information Act 1989 and a document containing information for which there is an overriding public interest against disclosure for the purposes of the Government Information (Public Access) Act 2009 .
The amendments made to this Act by the Crimes (Administration of Sentences) Amendment (Norfolk Island Prisoners) Act 2004 extend to any person who, immediately before the commencement of those amendments, is in custody for an offence under the law in force in Norfolk Island.
In this Part,
"the 2004 amending Act" means the Crimes (Administration of Sentences)
Amendment (Parole) Act 2004 .
(1) The Parole Authority is a continuation of, and the same legal entity as, the former Parole Board.
(2) Each person who was a member of the Parole Board immediately before the commencement of this clause continues to hold office as a member of the Parole Authority for the residue of the term for which he or she was appointed as a member of the Parole Board.
(3) A reference to the Parole Board in any other Act or instrument extends to the Parole Authority.
(1) Any matter that was pending before the former Parole Board before the commencement of Schedule 1 [19[#93] to the 2004 amending Act, including any matter that the former Parole Board had commenced to consider under section 137, is to be continued and completed, until a final decision on the matter has been reached, as if that Act had not been enacted.
(2) Any matter that was pending before the former Parole Board before the commencement of Schedule 1 [26[#93] to the 2004 amending Act, including any matter that the former Parole Board had commenced to consider under section 143, is to be continued and completed, until a final decision on the matter has been reached, as if that Act had not been enacted.
Any proceedings that were pending before the Court of Criminal Appeal immediately before the commencement of Schedule 1 [36[#93] to the 2004 amending Act are to be continued and completed as if that Act had not been enacted.
The amendment to section 180 made by Schedule 1 [48[#93] to the 2004 amending Act does not affect the validity of any warrant signed by the Secretary of the former Parole Board before the commencement of that amendment.
Any person who was an authorised person under section 236E immediately before the amendment to that section by Schedule 1 [66[#93] to the 2004 amending Act is taken, on the commencement of that amendment, to be an authorised person under that section, as so amended.
In this Part--
"the 2006 amending Act" means the Crimes (Administration of Sentences)
Amendment Act 2006 .
Section 110, as amended by the 2006 amending Act, extends to any community service order in force before the commencement of that amendment.
Section 164A, as in force immediately before it was amended by the 2006 amending Act, continues to apply to any application made before the commencement of that amendment as if that Act had not been enacted.
Section 175, as amended by the 2006 amending Act, extends to any periodic detention order or home detention order that had been revoked before the commencement of that amendment.
Section 175A, as inserted by the 2006 amending Act, extends to any periodic detention order, home detention order or parole order that had been revoked before the commencement of that amendment, other than an order in respect of which the offender had, before the commencement of that amendment, notified the Secretary of the Parole Authority under section 174 of the offender's intention to make submissions to the Parole Authority.
Section 181, as amended by the 2006 amending Act, extends to any warrant issued under that section before the commencement of those amendments.
On and from the date on which the 2006 amending Act substitutes references in this Act to "governor" with references to "general manager", a reference in any other Act or instrument to the governor of a correctional centre is taken to be a reference to the general manager of a correctional centre.
In this Part--
"the 2007 amending Act" means the Crimes (Administration of Sentences)
Amendment Act 2007 .
Section 76A, as inserted by the 2007 amending Act, extends to any money that, before the commencement of that section, had been surrendered, paid or received as referred to in subsection (1) of that section.
Any appointment as a compliance and monitoring officer that was in force under section 235G immediately before its substitution by the 2007 amending Act is taken to have been made under the new section 235G.
In this Part--
"the 2008 amending Act" means the Crimes (Administration of Sentences)
Legislation Amendment Act 2008 .
Any person who was an Official Visitor immediately before the commencement of the 2008 amending Act is taken to have been appointed as such under section 228, as substituted by that Act.
In this Part,
"amending Act" means the Crimes (Administration of Sentences) Amendment Act
2008 .
An amendment made to Subdivision 1 or 3 of Division 1 of Part 5 of this Act by the amending Act extends to a community service order made before the commencement of the amendment but does not extend to an application for an extension of the relevant maximum period made before the commencement of the amendment.
An amendment made to Subdivision 2 or 3 of Division 2 of Part 6 of this Act by the amending Act applies only to an order made by the Parole Authority on or after the commencement of the amendment.
An appointed member who was appointed before, and who held office immediately before, the commencement of the amendment made to clause 4 of Schedule 1 by the amending Act, is taken to have been appointed for a period of 3 years from the date of the member's original appointment (or most recent re-appointment, if applicable).
Any delegation made under section 197 (3) that was in force immediately before the repeal of that subsection by the amending Act, is taken, on that repeal, to be a delegation made under section 197A (3), as inserted by the amending Act.
A reference in any Act (other than this Act) or statutory instrument, or any other instrument, or any contract or agreement, to the Department of Corrective Services (required by clause 20 of the Public Sector Employment and Management (Departmental Amalgamations) Order 2009 to be construed as a reference to the Department of Justice and Attorney General), or to an office of Corrective Services, is to be construed as a reference to Corrective Services NSW.
Anything done or omitted by or on behalf of the Parole Authority or the Probation and Parole Service in respect of an offender within the meaning of Division 4A of Part 6 (as inserted by the Crimes (Administration of Sentences) Amendment Act 2010 ), and that would have been valid had that Division been in force when the thing was done or omitted, is taken to be (and always to have been) validly done or omitted.
(1) This Act (and the regulations under this Act) continue to apply to and in respect of the following as if the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 had not been enacted--(a) a periodic detention order made before the repeal of section 6 (Periodic detention) of the Crimes (Sentencing Procedure) Act 1999 ,(b) a person subject to such an order,(c) the revocation or reinstatement of such an order,(d) a correctional centre that was a periodic detention centre immediately before the repeal of section 6 of the Crimes (Sentencing Procedure) Act 1999 .
(2) Section 226 (Periodic detention centres) continues to apply (despite its repeal) for the purposes of the application of this Act and the regulations under this Act pursuant to this clause.
Any matter pending before the Parole Authority before the commencement of the amendment made to section 135 by the Crimes (Sentencing Procedure) Amendment Act 2010 is to be continued and completed as if that section had not been amended.
In this Part--
"amending Act" means the Crimes (Administration of Sentences) Amendment Act
2014 .
(1) A deduction made before the commencement of section 7A (2) from remuneration earned by an inmate as a participant in an external work release program is taken to have been validly made at the time it was made if it would have been validly made on or after that commencement.
(2) Accordingly, no compensation is payable in respect of such a deducted amount or in respect of interest that may have accrued on such a deducted amount had it not been deducted.
(3) In subclause (1)--
"external work release program" has the same meaning as in section 7A, but extends to a corresponding program under the former Correctional Centres Act 1952 (a
"corresponding program" ).
(4) For the purposes of applying subclause (1) to a deduction from remuneration earned by an inmate as a participant in a corresponding program, a reference in section 7A (2) to an external work release program and to remuneration earned by an inmate from participation in such a program is taken to be a reference to a corresponding program and to remuneration earned by an inmate as a participant in such a program.
A segregated custody direction in force under Division 2 of Part 2 of this Act immediately before the amendment of section 10 by the amending Act continues to have effect under (and subject to) Division 2 of Part 2 as if section 10 had not been so amended.
Sections 120 and 121, as extended in their operation by the amendments made to section 118 by the amending Act, apply in relation to community service work performed by an offender the subject of those amendments, whether occurring before or on or after the date on which those amendments commence.
(1) Section 128C applies only in relation to a parole order made under section 160 on or after the date on which section 128C commences.
(2) Section 170 (1) (a2) extends to a parole order made under section 160 before the date on which section 170 (1) (a2) commences.
Sections 137B and 143B, as amended by the amending Act, apply to an offender whether the date on which the offender first becomes eligible for release on parole occurs before, or on or after, the date on which those amendments commence.
A warrant in force under section 181 immediately before the amendment of section 181 by the amending Act is taken to be a warrant in force under that section as so amended, and may be enforced accordingly.
(1) Section 194 (1A) extends to a report or other document (or any part of the report or document) that is not required to be provided to a person by operation of section 194 (1) before the commencement of section 194 (1A).
(2) Section 209A (2) extends to a report or other document (or any part of the report or document) that is not required to be provided to a person by operation of section 209A before the commencement of section 209A (2).
The amendments made to section 236M by the amending Act apply as if those amendments had commenced on the commencement of Division 7 of Part 11 of this Act.
Section 257A as inserted by the Courts and Crimes Legislation Amendment Act 2015 extends to information obtained before the commencement of that section.
In this Part--
"the amending Act" means the Crimes (Administration of Sentences) Amendment
Act 2016 .
On and from the date on which the amending Act replaces references in this Act to "general manager" with references to "governor", a reference in any other Act or instrument to the general manager of a correctional centre is taken to be a reference to the governor of a correctional centre.
Section 27O of the Summary Offences Act 1988 , as in force immediately before the repeal of Part 4A of that Act by the amending Act, continues to have effect in relation to any offence under Part 4A of that Act, as then in force, as if it had not been repealed.
(1) Section 257 as amended by the amending Act extends to information obtained before the commencement of those amendments.
(2) Section 257A as substituted by the amending Act extends to information obtained before the commencement of section 257A as so substituted.
(1) In this Part--
"amending Act" means the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 .
"commencement day" means the day appointed for the commencement of the insertion, repeal or amendment (made by the amending Act) that is relevant to the provision in which the expression occurs.
(2) Nothing in this Schedule affects the operation of Part 29 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 in relation to amendments made to this Act by the amending Act.
(1) This clause applies to an intensive correction order referred to in clause 71 (2) or 72 (2) of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 .
(2) In exercising its functions under section 81A in relation to the intensive correction order, the Parole Authority must, as far as practicable, not exercise those functions in a way that would result in the conditions of the order being more onerous than the conditions that applied to the order immediately before the commencement day.
(1) This clause applies to a home detention order (
"the home detention order" ) made by the Parole Authority under section 165A before the commencement day and in force immediately before that day.
(2) Clause 71 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 (as inserted by the amending Act) applies to the home detention order made by the Parole Authority in the same way as it applies to a home detention order made by a sentencing court.
(1) This clause applies to a temporary release order (the
"temporary release order" ) made under section 165B before the commencement day and in force immediately before that day.
(2) The temporary release order continues in force on and after the commencement day, pending the Parole Authority's decision as to whether or not to reinstate the intensive correction order.
(3) If the Parole Authority decides to reinstate the intensive correction order, the following conditions apply to the order--(a) the standard conditions of an intensive correction order in section 73 of the Crimes (Sentencing Procedure) Act 1999 ,(b) any other conditions prescribed by or determined under the regulations.
(4) The Parole Authority may impose further conditions on the intensive correction order that are not inconsistent with the standard conditions and may vary or revoke any conditions of the order (other than standard conditions).
(1) The regulations made under clause 1 in relation to the amending Act or under another clause of this Part have effect despite anything to the contrary in this Part.
(2) The regulations made under clause 1 may make separate savings and transitional provisions or amend this Part to consolidate the savings and transitional provisions.
(3) This clause does not affect the meaning or construction of any other Part of this Schedule.
In this Part,
"amending Act" means the Parole Legislation Amendment Act 2017 .
(1) Sections 128C- 128E, as inserted by the Parole Legislation Amendment Act 2017 , extend to a parole order and to the offender subject to the parole order if the parole order--(a) was in force immediately before the commencement of those sections, and(b) included a condition that was in force requiring that the offender be subject to supervision.
(2) Subclause (1) re-enacts clause 4 of Schedule 6 to the Crimes (Administration of Sentences) Regulation 2014 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(1) This clause applies to an offender who was, immediately before the commencement of section 128C, as inserted by the Parole Legislation Amendment Act 2017 , subject to a parole order--(a) made by the Parole Authority, or(b) made by the Children's Court and administered by Community Corrections.
(2) The parole order for the offender is taken to be subject to the following conditions--(a) the conditions (other than any supervision condition) applicable to the offender immediately before that commencement,(b) any conditions applicable to the offender because of the application to offenders of sections 128C- 128E by this Schedule.
(3) Nothing in this clause prevents a condition applied to a parole order by this clause from being amended, suspended or revoked in accordance with this Act or any regulations made under this Act.
(4) Subclauses (1)-(3) re-enact clause 5 of Schedule 6 to the Crimes (Administration of Sentences) Regulation 2014 and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(1) A parole order made by a court under section 50 of the Crimes (Sentencing Procedure) Act 1999 , and in force immediately before the substitution of Division 3 of Part 6 of the Act by the amending Act, is taken to be a statutory parole order within the meaning of this Act.
(2) A condition imposed on a parole order by a sentencing court under section 51 or 51A of the Crimes (Sentencing Procedure) Act 1999 , as in force before the repeal of those sections by the amending Act, is, for the purposes of this Act, taken to have been imposed by the Parole Authority.
Section 135, as substituted by the amending Act, extends to the consideration of whether to make a parole order directing the release of an offender in any case in which the Parole Authority was considering whether to make an order, but had not made a decision, before that substitution.
(1) The amendments made to this Act by the amending Act extend to breaches of parole orders that occurred before the substitution of section 170 by the amending Act and to parole orders in force immediately before that substitution.
(2) However, subclause (1) does not apply to any breach that was finally dealt with under this Act before that substitution.
(1) Parts 6 and 7 of this Act, as in force before the amendment of those Parts by the amending Act, continue to apply to or in respect of the parole of a detainee in accordance with section 29 of the Children (Detention Centres) Act 1987 as in force before that amendment.
(2) This clause ceases to have effect on the repeal of that section by the amending Act or on any other day that is prescribed by the regulations for the purposes of this clause.
(1) This clause applies to a warrant of commitment issued under section 181 for an offender after the revocation of a re-integration home detention order that was issued--(a) on or after 24 September 2018, and(b) before the amendment of that section by the Crimes (Administration of Sentences) Legislation Amendment Act 2018 .
(2) The warrant is taken to be valid and to have always been valid, if it would have been valid if issued on or after the amendment of the section by that Act.
The amendment made to section 128C by the Justice Legislation Amendment Act (No 3) 2018 applies to a parole order made on or after the commencement of the amendment.
Division 1 of Part 7 of this Act has effect as if the amendments to that Division made by the Justice Legislation Amendment Act (No 3) 2018 had commenced on 24 September 2018.
(1) Anything done or omitted to be done by or on behalf of the Parole Authority in respect of an offender subject to a sentence of 3 years or less during the relevant period is taken to have been validly done or omitted, if it would have been validly done or omitted after the relevant period.
(2) In this clause,
"relevant period" means the period commencing on 26 February 2018 and ending on the date on which section 159 was inserted by the COVID-19 Legislation Amendment (Emergency Measures--Miscellaneous) Act 2020 .
(1) The Victims Register constituted under section 279, as inserted by the amending Act, is a continuation of the Victims Register in force immediately before the repeal of section 256 by the amending Act.
(2) A person is a victim for the purposes of the Act, Part 16, as inserted by the amending Act, whether the relevant offence was committed by the offender before or after the insertion of Part 16.
(3) In this clause--
"amending Act" means the Crimes (Administration of Sentences) Amendment Act 2022 .
To avoid doubt, section 135A applies to a decision to make a parole order directing the release of an offender to whom the section applies--
(a) whether the offender was convicted or sentenced before or after the commencement of the section, and
(b) whether or not an application for the parole order has been made before the commencement of the section.