Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p30
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 30/38)
Character Range: 93672–96360

legal representative; or
 (b) be available for inspection by the offender at specified premises.

395.33  Giving documents to serious offenders who are detained in custody
 (1) A document that is required to be given under this Division to a serious offender who is detained in custody is taken to have been given to the offender at the time referred to in paragraph (3)(b) if the document is given to the following person (the recipient):
 (a) the legal representative of the offender;
 (b) if the offender does not have a legal representative—the chief executive officer (however described) of the prison or other facility in which the offender is detained, or a delegate of the chief executive officer.
 (2) The recipient must, as soon as reasonably practicable, give the document to the offender personally.
 (3) Once the recipient has done so, the recipient must notify the Court and the person who gave the recipient the document, in writing:
 (a) that the document has been given to the offender; and
 (b) of the day that document was so given.

395.34  When a serious offender is unable to engage a legal representative
 (1) This section applies if:
 (a) a community safety order proceeding relating to a serious offender is before a Supreme Court of a State or Territory; and
 (b) the offender, due to circumstances beyond the offender's control, is unable to engage a legal representative in relation to the proceeding.
 (2) The Court may make either or both of the following orders:
 (a) an order staying the proceeding for such period and subject to such conditions as the Court thinks fit;
 (b) an order requiring the Commonwealth to bear, in accordance with the regulations (if any), all or part of the reasonable costs and expenses of the offender's legal representation for the proceeding.
 (3) The regulations may prescribe matters that the Court may, must or must not take into account in determining either or both of the following:
 (a) whether circumstances are beyond the offender's control;
 (b) reasonable costs and expenses of the offender's legal representation for the proceeding.
 (4) This section does not limit any other power of the Court.

395.35  Reasons for decisions
  A Supreme Court of a State or Territory that makes a community safety order decision in a community safety order proceeding must:
 (a) state the reasons for its decision; and
 (b) cause those reasons to be entered in the records of the Court; and
 (c) cause a copy of any order it made to be provided to each party to the proceeding.
Note: See also subsection 395.2(4) for when a Court makes a community safety order decision.

395.36  Right of appeal
 (1) An appeal lies to the court