Administration of Community Sentences and Orders Act 2013

1: Title
This Act is the Administration of Community Sentences and Orders Act 2013.
2: Commencement
1: This Act, other than Parts 1 2 section 38 section 43 section 80ZGD sections 45(1) 58
2: Part 1 Part 2 section 38 section 43 section 80ZGD section 58
3: Section 45(1)
1: Amendments to Bail Act 2000
3: Principal Act amended
This Part amends the Bail Act 2000 2013-10-23 Bail Act 2000 refer to section 2(2)
4: Exercise of discretion when considering bail pending appeal
Section 14(1) or subject to a sentence of home detention is in custody
2: Amendments to Bail Act 2000 (as amended by Bail Amendment Act 2011)
5: Principal Act amended
This Part Bail Act 2000 Bail Amendment Act 2011 2013-10-23 Bail Act 2000 refer to section 2(2)
6: Granting of bail to appellant in custody pending appeal to District Court presided over by District Court Judge
1: The heading to section 53 or on home detention custody
2: Section 53
1: This section applies if a person—
a: is in custody under a conviction or sentence, or is subject to a sentence of home detention; and
b: is appealing the conviction or sentence, or both, to a District Court presided over by a District Court Judge.
3: Section 53(2) , or is subject to a sentence of home detention, custody
4: Section 53(4) 34 35
5: Section 53
6: For the purposes of this section,—
a: an appellant is not deemed to be in custody only under the conviction to which the appeal relates if a direction has been given under section 83 of the Sentencing Act 2002 that another sentence or term of imprisonment is to follow the sentence imposed on that conviction, and the appellant has not appealed against the conviction in respect of which that other sentence or term was imposed; and
b: an appellant is not deemed to be subject to a sentence of home detention only under the conviction to which the appeal relates if a direction has been given under section 80B of the Sentencing Act 2002 that another sentence of home detention is to follow the sentence imposed on that conviction, and the appellant has not appealed against the conviction in respect of which that other sentence was imposed.
7: Granting of bail to appellant in custody pending appeal to High Court
1: The heading to section 54 or on home detention custody
2: Section 54
1: This section applies if a person—
a: is in custody under a conviction or is subject to a sentence of home detention; and
b: is appealing the conviction or sentence, or both, to the High Court.
3: Section 54(2) , or is subject to a sentence of home detention, custody
4: Section 54
6: Section 53(6)
8: Granting of bail to appellant in custody pending appeal to Court of Appeal or Supreme Court
1: The heading to section 55 or on home detention custody
2: Section 55
1: This section applies if a person—
a: is in custody under a conviction or is subject to a sentence of home detention; and
b: is appealing the conviction or sentence, or both, to the Court of Appeal or the Supreme Court.
3: Section 55(2) , or is subject to a sentence of home detention, custody
4: Section 55
4: Section 53(6)
9: New section 58 substituted
Section 58
58: Time on bail pending appeal not to be taken as time served
1: Section 95 of the Parole Act 2002 applies if an appellant is released on bail pending an appeal.
2: For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served, time ceases to run on the sentence during any period in which the offender is released on bail pending an appeal.
10: Surrender of appellant released on bail
1: The heading to section 59 from sentence of imprisonment
2: Section 59(1) defendant appellant
3: Section 59(2) a defendant an appellant
11: New section 60 inserted
The following section is inserted after section 59
60: Surrender of appellant released on bail from sentence of home detention
1: An appellant who has been released from a sentence of home detention on bail pending the hearing of an appeal may surrender himself or herself and apply to a District Court Judge for the discharge of bail, and the District Court Judge may order that the appellant resume serving the sentence of home detention.
2: If an appellant applies for the discharge of bail under subsection (1)
a: if the appellant has been on bail for longer than 2 months, adjourn the matter to enable a probation officer to obtain the information required under subsection (3)
b: either—
i: remand the appellant in custody; or
ii: grant the appellant bail for the period of the adjournment.
3: Before ordering that an appellant resume serving a sentence of home detention under subsection (1)
a: whether the home detention residence is still available and suitable; and
b: whether every relevant occupant (as defined in section 26A(4)﻿(a) of the Sentencing Act 2002) of the home detention residence consents, in accordance with section 26A(3)﻿(d) of the Sentencing Act 2002, to the appellant resuming the sentence at the home detention residence.
4: If a District Court Judge orders that the appellant resume serving the sentence of home detention,—
a: the appellant must go to and remain at the home detention residence unless absent in accordance with section 80C(3)﻿(a) or (b) of the Sentencing Act 2002; and
b: the sentence of home detention resumes when the appellant has arrived at the home detention residence under paragraph (a)
3: Amendments to Sentencing Act 2002
12: Principal Act amended
This Part amends the Sentencing Act 2002 2014-01-22 Sentencing Act 2002 refer to section 2(1), (2), and (3)
13: New section 20A inserted
The following section is inserted after section 20
20A: Subsequent community-based sentence or sentence of home detention
1: This section applies to an offender who, while serving a community-based sentence or sentence of home detention (the first sentence second sentence
2: The court must, when imposing the second sentence,—
a: impose a sentence that would be permitted in combination with the first sentence under section 19; or
b: defer the commencement of the second sentence until the first sentence has been served; or
c: cancel the first sentence; or
d: cancel the first sentence and substitute any other sentence that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed so that the sentences are a permitted combination of sentences under section 19.
3: When cancelling the first sentence under subsection (2)﻿(c) or (d), the court must, when imposing the second sentence or substituting the first sentence with another sentence, as the case may be, take into account the portion of the first sentence that remains unserved.
4: A court—
a: must not cancel a first sentence under subsection (2)﻿(c) or (d) if that sentence has been imposed by a higher court; and
b: if it considers the first sentence should be cancelled, must refer the matter to the court that imposed the first sentence.
5: For the purposes of this section, an offender is to be treated as serving a sentence of home detention until the offender is no longer subject to any post-detention conditions imposed under section 80N (if any).
6: Sections 54, 54K, 68, 69I, and 80F (which relate to the variation or cancellation of community-based sentences and a sentence of home detention) do not apply to a cancellation under this section.
7: If the second sentence is a sentence of home detention or community detention and the court defers, under subsection (2)﻿(b), the commencement of that sentence for more than 2 months, a probation officer must—
a: review the suitability of the home detention residence or curfew address; and
b: ensure every relevant occupant consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence or curfew address; and
c: if necessary, apply to the court for a variation or cancellation of the sentence under section 69I or 80F or obtain from the chief executive of the Department of Corrections a variation of the curfew address or home detention residence under section 69JA or 80FA.
8: In this section, relevant occupant
14: Effect of provisions concerning multiple sentences on powers of court
Section 21 sections 19 and 20 sections 19, 20, and 20A
15: Pre-sentence reports
Section 26
1: Except as provided in section 26A, if an offender who is charged with an offence punishable by imprisonment is found guilty or pleads guilty, the court may direct a probation officer to prepare a report for the court in accordance with subsection (2).
16: Additional requirements when considering sentence of community detention or home detention
1: The heading to section 26A Additional requirements Pre-sentence reports
2: Section 26A
1: If the court is considering a sentence of community detention or home detention, the court must direct a probation officer to prepare a pre-sentence report for the court in accordance with subsection (2).
1A: If a probation officer intends to recommend to the court a sentence of community detention or home detention, the probation officer must prepare a pre-sentence report in accordance with subsection (2) and provide it to the court.
3: Section 26A(2) subsection (1) applies subsection (1) or (1A) applies
4: Section 26A
5: Section 26(3), (4), and (5) apply, with any necessary modifications, to a report prepared under this section.
17: Standard conditions of supervision
Section 49(1)
a: the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable and not later than 72 hours after the sentence is imposed unless the start date of the sentence has been deferred under section 20A(2)﻿(b), in which case the offender must report not later than 72 hours after that date:
18: New section 54AA inserted
The following section is inserted after section 54
54AA: When time ceases to run on sentence of supervision
For the purpose of calculating how much time an offender has served on a sentence of supervision,—
a: time ceases to run on the sentence during any period between the date on which an application under section 54(1)﻿(a) is lodged and the date on which the application is determined by the court; but
b: some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
i: the extent (if any) to which the offender has complied with any conditions of the sentence; and
ii: the amount of time (if any) that the offender has spent in custody.
19: Standard conditions of intensive supervision
Section 54F(1)
a: the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable and not later than 72 hours after the sentence is imposed unless the start date of the sentence has been deferred under section 20A(2)﻿(b), in which case the offender must report not later than 72 hours after that date:
20: New section 54KA inserted
The following section is inserted after section 54K
54KA: When time ceases to run on sentence of intensive supervision
For the purpose of calculating how much time the offender has served on a sentence of intensive supervision,—
a: time ceases to run on the sentence during any period between the date on which an application under section 54K(1)﻿(a) is lodged and the date on which the application is determined by the court; but
b: some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
i: the extent (if any) to which the offender has complied with any conditions of the sentence; and
ii: the amount of time (if any) that the offender has spent in custody.
21: Concurrent and cumulative sentences of community work
Section 57(2A) or concurrently cumulatively
22: Offender must report to probation officer
Section 59(a) or, if the start date of the sentence has been deferred under section 20A(2)﻿(b) or 57A, within 72 hours of the specified start date imposed
23: New section 66A substituted
Sections 66A 66B
66A: Probation officer may direct hours of work to be converted to training
1: This section applies to sentences of community work of at least 80 hours.
2: A probation officer may direct that a specified number of hours of work, not exceeding 20% of the total number of hours of work ordered by the court to be undertaken, be spent in training in basic work and living skills.
3: In determining whether to give a direction under this section, the probation officer must take account of—
a: the benefits of skill development to the offender for reducing the likelihood of reoffending; and
b: the need to hold the offender accountable to the community by making compensation to it.
4: A probation officer must not give a direction under this section unless—
a: it is reasonably practicable for the offender to undertake training in basic work and living skills (having regard to the availability of that training in the place where the offender lives); and
b: the offender consents to undertake that training.
5: Any hours spent by the offender training in basic work and living skills under a direction given under this section must, for all legal purposes, be treated as hours of authorised community work undertaken by the offender under his or her sentence.
6: Subsection (5) is subject to section 66C.
24: Consequences of failing without excuse to complete training
Section 66C section 66B section 66A
25: Guidance on use of sentence of community detention
Section 69C
3: Before imposing a sentence of community detention on an offender, a court must consider the pre-sentence report prepared by a probation officer in accordance with section 26A.
26: Conditions of community detention during sentence term
1: Section 69E(1)
b: the offender must report in person to a probation officer in the probation area in which the offender resides—
i: as soon as practicable and not later than 24 hours after the sentence is imposed unless the 24 hours elapses on a weekend or a public holiday, in which case the offender must report on the next working day; or
ii: not later than 24 hours after the start date of the sentence if the sentence has been deferred under section 20A(2)﻿(b) unless the 24 hours elapses on a weekend or a public holiday, in which case the offender must report on the next working day:
2: Section 69E(1)
f: the offender must, if required to submit to the electronic monitoring of his or her sentence, remain during the curfew period within the area defined by the probation officer.
3: Section 69E
3A: A probation officer must define the area within which an offender subject to electronic monitoring is required to remain at the curfew address during the curfew period and show that area to the offender and advise the relevant occupants (as defined in section 26A(4)﻿(b)) of that area.
27: Variation or cancellation of sentence of community detention
Section 69I
3A: When an application is made under this section for variation of conditions on the ground specified in subsection (1)﻿(b) and there is no suitable alternative curfew address available, the court may do either or both of the following things:
a: issue to a constable a warrant for the offender's arrest:
b: bail the offender or remand the offender in custody if the application cannot be determined immediately.
28: New section 69IA inserted
The following section is inserted after section 69I
69IA: When time ceases to run on sentence of community detention
For the purpose of calculating how much time an offender has served on a sentence of community detention,—
a: time ceases to run on the sentence during any period between the date on which an application under section 69I(1)﻿(a) is lodged and the date on which the application is determined by the court; but
b: some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
i: the extent (if any) to which the offender has complied with any conditions of the sentence; and
ii: the amount of time (if any) that the offender has spent in custody.
29: New section 69JA inserted
The following section is inserted after section 69J
69JA: Chief executive of Department of Corrections may vary offender's curfew address
1: The chief executive of the Department of Corrections may vary an offender's curfew address if—
a: the curfew address is no longer available or suitable because of a change in circumstances; and
b: an alternative address is suitable; and
c: every relevant occupant (as defined in section 26A(4)﻿(b)) at the alternative address has given their informed consent to the offender remaining at that address during the curfew period; and
d: the alternative address is in an area in which a community detention scheme is administered by the Department of Corrections; and
e: the offender has given written consent to the change in address.
2: A probation officer may, subject to subsection (3), approve a provisional curfew address at which the offender must remain during the curfew period pending a decision by the chief executive under subsection (1).
3: If the chief executive does not vary a curfew address within 10 days after a provisional curfew address is approved under subsection (2)
a: a probation officer must approve another provisional curfew address at which the offender must remain during the curfew period pending a decision by the chief executive under subsection (1)
b: a probation officer must apply to the court for an order under section 69I(3) subsection (2)
4: If the chief executive does not vary a curfew address within 10 days after the probation officer has approved a provisional curfew address under subsection (3)﻿(a)
a: the probation officer must apply to the court for an order under section 69I(3)
b: the offender must, unless the probation officer directs otherwise, remain at the provisional curfew address approved under subsection (3)﻿(a)
30: Section 69K repealed
Section 69K
31: Jurisdiction and procedure
1: Section 72(1)
c: to a District Court presided over by a Judge or Community Magistrate if the sentence was imposed by a Community Magistrate; or
d: to a District Court presided over by any Judge, in any other case.
2: Section 72
3: If an application under section 54, 54K, 68, or 69I has been lodged in a court by a probation officer, a probation officer or a constable may, for the purpose of having the offender brought before the court dealing with the application, apply to a court or a Registrar for the issue of a warrant to arrest the offender and the court or Registrar may issue a warrant for arrest.
32: Commencement of community-based sentences
1: Section 75(2)﻿(a) this section and subject to
2: Section 75
3: If a community-based sentence is imposed as a second sentence and deferred under section 20A(2)﻿(b),—
a: the community-based sentence commences on the date that the first sentence is completed; or
b: if the offender is subject to post-detention conditions imposed in respect of the first sentence, the community-based sentence commences on the date that the offender is no longer subject to those conditions.
33: Sentence of home detention
Section 80A
2A: Before imposing a sentence of home detention on an offender, a court must consider the pre-sentence report prepared by a probation officer in accordance with section 26A.
34: Detention conditions applying to offender sentenced to home detention
1: Section 80C(2)
da: the offender must, if required to submit to the electronic monitoring of his or her sentence, remain within the area defined by the probation officer; and
2: Section 80C
5A: A probation officer must define the area within which an offender subject to electronic monitoring is required to remain at the home detention residence and show that area to the offender and advise the relevant occupants (as defined in section 26A(4)﻿(a)) of that area.
35: Application for variation or cancellation of sentence of home detention
Section 80F
4A: When an application is made under this section for variation of conditions on the ground specified in subsection (1)﻿(c) and there is no suitable alternative residence available, the court may do either or both of the following things:
a: issue to a constable a warrant for the offender's arrest:
b: bail the offender or remand the offender in custody if the application cannot be determined immediately.
36: New section 80FA inserted
The following section is inserted after section 80F
80FA: Chief executive of Department of Corrections may vary offender's home detention address
1: The chief executive of the Department of Corrections may vary an offender's home detention address if—
a: the home detention address is no longer available or suitable because of a change in circumstances; and
b: an alternative address is suitable; and
c: every relevant occupant (as defined in section 26A(4)﻿(a)) at the alternative address has given their informed consent to the offender remaining at that address while serving his or her home detention sentence; and
d: the alternative address is in an area in which a home detention scheme is administered by the Department of Corrections; and
e: the offender has given written consent to the change in address.
2: A probation officer may, subject to subsection (3), approve a provisional home detention address at which the offender must remain pending a decision by the chief executive under subsection (1).
3: If the chief executive does not vary a home detention address within 10 working days after a provisional home detention address is approved under subsection (2)
a: the probation officer must approve another provisional home detention address at which the offender must remain pending a decision by the chief executive under subsection (1)
b: the probation officer must apply to the court for an order under section 80F(4) at the earliest opportunity and the offender must, unless the probation officer directs otherwise, remain at the provisional home detention address approved under subsection (2)
4: If the chief executive does not vary a home detention address within 10 days after the probation officer has approved a provisional home detention address under subsection (3)﻿(a)
a: the probation officer must apply to the court for an order under section 80F(4) at the earliest opportunity; and
b: the offender must, unless the probation officer directs otherwise, remain at the provisional home detention address approved under subsection (3)﻿(a)
37: Section 80H repealed
Section 80H
38: New section 80MA inserted
The following section is inserted after section 80M
80MA: Registrar must notify controlling officer and offender of resumption of sentence
If the outcome of an offender's appeal against a sentence of home detention is unsuccessful and the offender has been granted bail under section 53, 54, or 55 of the Bail Act 2000, the Registrar of the appeal court must—
a: notify the controlling officer (within the meaning of section 27 of the Corrections Act 2004) of the probation area in which the sentence is to be served of the date on which the sentence is to resume; and
b: notify the offender of that date if he or she is not present in court at the time the appeal is disposed of. 2013-10-23 Sentencing Act 2002 refer to section 2(2)
39: Imposition of post-detention conditions on offender
1: Section 80N(2)﻿(a) and 80U 80U, and 80ZG
2: Section 80N
6: If the court imposes a home detention sentence cumulatively on an existing sentence, or imposes a concurrent sentence of home detention, any post-detention conditions imposed with the first home detention sentence commence only after both sentences have been completed.
40: Offence to breach detention conditions
Section 80S
b: fails to return to a home detention residence when required to do so under section 80ZG(6)﻿(b); or
c: fails to report when required to do so under section 80ZGC(3)﻿(a) or 80ZGD(2).
41: Commencement of sentence of home detention
1: Section 80X(1) section 80W section 20A(2)﻿(b) or 80W
2: Section 80X(3) section 80W section 20A(2)﻿(b) or 80W
42: Time ceases to run in certain circumstances
Section 80ZB
80ZB: Time ceases to run in certain circumstances
For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served,—
a: time ceases to run on the sentence during any period between the date on which an application under section 80F(1)﻿(a) is lodged and the date on which the application is determined by the court; but
b: some or all of the period between those dates may be regarded by the court as time served, as the court thinks appropriate in the circumstances, after taking into account—
i: the extent (if any) to which the offender has complied with any detention conditions; and
ii: the amount of time (if any) that the offender has spent in custody.
43: New sections 80ZG to 80ZGD substituted
Section 80ZG
80ZG: Effect of subsequent sentence of imprisonment of not more than 12 months
1: This section applies if an offender who is subject to a sentence of home detention is subsequently sentenced to—
a: a term of imprisonment of not more than 12 months; or
b: 2 or more terms of imprisonment to be served concurrently, the total term of which is not more than 12 months; or
c: 2 or more terms of imprisonment that are cumulative, the total term of which is not more than 12 months.
2: If this section applies, the court must either—
a: order that the sentence of home detention be suspended; or
b: order that the sentence of home detention be suspended for the duration of the period in which the offender is detained under the sentence or sentences of imprisonment.
3: If the court suspends the sentence of home detention under subsection (2)﻿(b), it may, if it thinks fit and subject to subsection (4), remit, suspend, or vary any detention or post-detention conditions of the sentence imposed by the court, or impose additional detention or post-detention conditions.
4: The court may not impose post-detention conditions on an offender under subsection (3) unless the court that sentenced the offender to home detention imposed post-detention conditions.
5: The court must not vary any existing detention or post-detention condition or impose any new detention or post-detention condition of a kind referred to in section 80D(4)﻿(b) or 80P(2)﻿(b) (which involve prescription medication) unless the offender—
a: has been fully advised by a person who is qualified to prescribe that medication about the nature and likely or intended effect of any variation or new condition in relation to the medication and any known risks; and
b: consents to taking the prescription medication.
6: If the court suspends the sentence of home detention under subsection (2)﻿(b),—
a: a probation officer must, before the statutory release date of the sentence of imprisonment,—
i: review the suitability of the home detention residence; and
ii: ensure every relevant occupant (as defined in section 26A(4)﻿(a)) of the home detention residence consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence; and
iii: if necessary, apply for a variation or cancellation of the sentence under section 80F or obtain from the chief executive of the Department of Corrections a variation of the home detention residence under section 80FA
b: the offender must go to and remain at the home detention residence after being released from detention, unless absent in accordance with section 80C(3)﻿(a) or (b); and
c: the sentence of home detention resumes when the offender has arrived at the home detention residence under paragraph (b).
7: If, for the purpose of subsection (6)﻿(a)﻿(iii), the probation officer makes an application for variation of the sentence under section 80F and	approves an alternative residence pending determination of the 	application—
a: the offender must go and remain at the alternative address until the application is decided; and
b: once the application is decided, subsection (6)﻿(b) and (c) apply accordingly.
80ZGA: Effect of subsequent sentence of imprisonment of more than 12 months
1: Subsection (2) applies if an offender who is subject to a sentence of home detention is subsequently sentenced to—
a: a term of imprisonment of more than 12 months; or
b: 2 or more terms of imprisonment to be served concurrently, the total term of which is more than 12 months; or
c: 2 or more terms of imprisonment that are cumulative, the total term of which is more than 12 months.
2: If this section applies, the sentence of home detention is suspended.
80ZGB: Period of suspension not counted towards sentence
No period during which a sentence of home detention is suspended under section 80ZG(2) or 80ZGA(2) is counted towards the period of home detention imposed under section 80A(3).
80ZGC: Resumption of sentence of home detention
1: This section applies to a sentence of home detention that is suspended under section 80ZG(2) or 80ZGA(2).
2: The sentence of home detention is suspended until the earlier of the following events:
a: it resumes under subsection (3); or
b: it resumes under section 80ZG(6)﻿(c); or
c: it is cancelled under subsection (5).
3: If the sentence or sentences of imprisonment are quashed and that results in the offender no longer being detained under a sentence of imprisonment,—
a: the offender must report to a probation officer as soon as practicable and not later than 72 hours after being released from detention; and
b: the sentence of home detention resumes when the offender has reported as required under paragraph (a).
4: The Registrar of the court in which the sentence or sentences of imprisonment are quashed must notify the chief executive of the Department of Corrections.
5: If the sentence of home detention does not resume under section 80ZG(6)﻿(c) or subsection (3), it is cancelled when the offender ceases to be detained under the sentence or sentences of imprisonment.
80ZGD: Effect of appeal on resumption of sentence of home detention
1: This section applies if—
a: an offender has, on or after the commencement of this section, lodged an appeal against—
i: a sentence of home detention imposed before or after that commencement; or
ii: the conviction on which that sentence is based; or
iii: both; and
b: the offender has been granted bail under section 53, 54, or 55 of the Bail Act 2000; and
c: the outcome of the appeal is that—
i: the appeal is dismissed; or
ii: the appeal is deemed pursuant to rules of court to be dismissed; or
iii: leave to appeal is refused; or
iv: neither the sentence of home detention nor the conviction on which it was made is set aside when the appeal is determined.
2: If this section applies,—
a: the court to which the appeal is made must specify a date on which the offender must report to a probation officer and that date must be not earlier than 10 working days after the outcome of the appeal is determined and must fall on a working day; and
b: the offender must report to a probation officer on that date; and
c: the sentence of home detention resumes when the offender has reported to the probation officer on that date.
3: If the offender has been on bail for more than 2 months, the probation officer must, before the sentence of home detention resumes,—
a: review the suitability of the home detention address; and
b: ensure every relevant occupant consents, in accordance with section 26A(3), to the offender resuming the sentence at the home detention residence; and
c: if necessary, apply to the court for a variation or cancellation of the sentence under section 80F or obtain from the chief executive of the Department of Corrections a variation of the home detention residence under section 80FA
4: This section does not apply if the offender is detained under a sentence of imprisonment. 2013-10-23 Sentencing Act 2002 refer to section 2(2): section 43 so far as it relates to section 80ZGD only
44: Sections 80ZG to 80ZGC apply to home detention sentence imposed on or after commencement date
Sections 80ZG to 80ZGC
45: Imposition of conditions on release of offender sentenced to imprisonment for short term
1:
2: Section 93
2AB: If the court imposes special conditions on an offender, the special conditions may apply for as long as, but no longer than, the standard conditions apply to the offender. OIC Sentencing Act 2002 refer to section 2(3): Section 45(1) only comes into force on a date appointed by the OIC Section 45(1) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
4: Amendments to Parole Act 2002
46: Principal Act amended
This Part amends the Parole Act 2002 2014-01-22 Parole Act 2002 refer to section 2(1)
47: Special conditions
Section 15
3A: If the Board imposes on an offender special conditions relating to residential restrictions (specified under subsection (3)﻿(ab)),—
a: the offender's probation officer must define the area of the residence specified under section 33(2)﻿(a) within which the offender must remain and show that area to the offender and advise every relevant occupant (as defined in section 34(4)) of the residence of that area; and
b: the offender must remain within that area.
48: Conditions applying to release at statutory release date
Section 18
2A: If an offender in respect of whom an extended supervision order is made is released at his or her statutory release date, or released early under section 52, the Board may impose special conditions, the duration of which are determined by section 107L(2A).
49: Release conditions applying to parole
Section 29(3)﻿(b) , unless the release conditions are varied or discharged by the Board under section 58
50: Board may monitor compliance with conditions
Section 29B
6A: Sections 63 and 65 to 66A apply, with any necessary modifications, in respect of an order made under subsection (5)﻿(c) as if—
a: the order were an interim recall order made under section 62; and
b: a recall application had been made.
51: Prior report on suitability of residential restrictions
1: Section 34(1) a probation officer the chief executive
2: Section 34
1A: Nothing in subsection (1) prevents the chief executive from providing a report on the matters specified in subsection (2) without receiving a request from the Board.
1B: Despite subsection (1), if the chief executive provides a report on the matters specified in subsection (2) without a request from the Board, the Board must consider that report as if it were a report requested by the Board under subsection (1).
3: Section 34(3) Before completing the report requested under subsection (1), the probation officer must— Before completing the report under this section, the chief executive must—
4: Section 34(4) the probation officer the chief executive
52: New section 36 inserted
The following section is inserted after section 35
36: Chief executive may approve alternative residence pending determination of application for variation of residential restrictions
1: This section applies if an offender who is subject to residential restrictions or a probation officer intends to apply or has applied to the Board under section 56 for a variation of residential restrictions.
2: If this section applies, the chief executive may approve an alternative residence at which the offender must stay at all times or at times specified by the Board, pending the determination of the application.
3: If the chief executive approves an alternative residence before the application has been made, a probation officer must apply to the Board under section 56 within 5 working days of the chief executive's approval being given.
4: Subsection (3) subsection (3)
5: If the chief executive considers there is no suitable alternative residence available,—
a: a probation officer must apply to the Board under section 56 at the earliest opportunity; or
b: the chief executive must make a recall application to the Board under section 60.
6: In subsections (2) to (4) application
53: Application for variation or discharge of conditions
Section 56
5: Subsection (4) does not apply to an application for variation or discharge of standard release conditions imposed on an offender who is subject to an indeterminate sentence.
54: Making recall application
Section 60
4: When a recall application is made, the sentence to which the recall application relates ceases to run as follows:
a: if a final recall order is made, for the period between the lodgement of the application and the making of the order during which the offender was at large:
b: if an interim recall order is made but the Board does not make a final recall order, for the period between the making of the interim recall order and the date of the determination of the application during which the offender was at large.
5: When a recall application is made, the sentence to which the recall application relates continues to run as follows:
a: for the period (if any) between the lodgement of the application and the date of its determination during which the offender is under legal custody in accordance with the Corrections Act 2004:
b: if an interim recall order is made, for the period between the lodgement of the application and the making of the interim recall order:
c: if no interim or final recall order is made, for the period between the lodgement of the application and the date of its determination.
55: Time ceases to run in certain circumstances
Section 94
b: for an offender on parole or compassionate release, as provided in section 60(4).
56: Commencement and expiry of extended supervision order
Section 107L
1A: If an offender is released early under section 52 and the offender is subject to an extended supervision order made in the circumstances described in subsection (1)﻿(a), then—
a: the extended supervision conditions and any special conditions (including any special conditions imposed under section 107IA) come into force on the offender's actual release date; but
b: time does not begin to run on the order until the offender's statutory release date.
57: Suspension of conditions of extended supervision order
Section 107P
2A: If an offender is released early under section 52 and the offender is subject to an extended supervision order that is reactivated in the circumstances described in subsection (2)﻿(a), then—
a: the extended supervision conditions and any special conditions (including any special conditions imposed under section 107IA) are reactivated on the offender's actual release date; but
b: time does not begin to run on the order until the offender's statutory release date.
5: Consequential amendments to other enactments
58: Amendment to Criminal Procedure Act 2011
1: This section amends the Criminal Procedure Act 2011
2: The following section is inserted after section 403
403A: Transitional provision regarding effect of appeal on sentence of home detention
If, in any proceeding to which section 397 applies, a person is convicted and sentenced to home detention and on or after the date that this section comes into force either party appeals a determination to which the sentence relates, section 397(2) has effect subject to the following:
a: the sentence of home detention is not suspended just because a notice of appeal or application for leave to appeal has been given unless the appeal court expressly directs that the sentence be suspended; and
b: section 399 of the Crimes Act 1961 and section 124 of the Summary Proceedings Act 1957 (as each of those provisions read before the commencement date) do not apply; and
c: the person sentenced to home detention may apply for bail and the provisions of the Bail Act 2000 (as those provisions read before the commencement date) apply except that sections 54, 55, 58 and 59A of the Bail Act (as those provisions read at the time of the appeal) apply with any necessary modifications. 2013-10-23 Criminal Procedure Act 2011 refer section 2(2): comes into force on the day after the date that this Act receives the Royal assent
59: Amendment to Sentencing Amendment Act 2007
1: This section amends the Sentencing Amendment Act 2007
2: Section 49(3) 2014-01-22 Sentencing Amendment Act 2007 Refer to section 2(1): comes into force on the day that is 3 months after the date on which it receives the Royal assent
60: Amendment to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: Section 106E(9) Section 19 of the Sentencing Act 2002 applies Sections 19 and 20A of the Sentencing Act 2002 apply 2014-01-22 Summary Proceedings Act 1957 Refer to section 2(1): comes into force on the day that is 3 months after the date on which it receives the Royal assent