S. 3(1) def. of Chief General Manager repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of chief psychiatrist amended by No. 26/2014 s. 429(1)(c)). chief psychiatrist means chief psychiatrist within the meaning of the Mental Health Act 2014; S. 3(1) def. of combined custody and treatment order inserted by No. 48/1997 s. 4(a), repealed by No. 65/2011 s. 3(14)(a). * * * * * S. 3(1) def. of order repealed by No. 65/2011 s. 3(14)(b). * * * * * S. 3(1) def. of community correction order inserted by No. 26/2012 s. 27(1). community correction order means an order made under Part 3A; s. 3 community corrections centre means community corrections centre established under Part 9 of the Corrections Act 1986; community corrections officer means community corrections officer appointed under Part 4 of the Corrections Act 1986; based
driver licence has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of inserted by No. 2/2002 s. 4(1). Drug Court means the Drug Court Division of the Magistrates' Court; S. 3(1) def. of Drug Court officer inserted by No. 2/2002 s. 4(1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 181.1). Drug Court officer means a person who— (a) is employed under Part 3 of the Public Administration Act 2004; and (b) exercises powers or performs functions in relation to the ; S. 3(1) def. of person repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of drug of addiction inserted by No. 42/1993 s. 60. drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; s. 3 S. 3(1) def. of drug treatment order inserted by No. 2/2002 s. 4(1). drug treatment order means an order under Subdivision (1C) of Division 2 of Part 3; S. 3(1) def. of escape offence inserted by No. 41/1993 s. 4(b). escape offence means an offence against section 479C of the Crimes Act 1958; dependent
S. 3(1) def. of home detention order inserted by No. 53/2003 s. 3, substituted by No. 30/2010 s. 3(b), repealed by No. 48/2011 s. 12. * * * * * s. 3 S. 3(1) def. of hospital security order inserted by No. 69/2005 s. 3(1)(a), repealed by No. 26/2014 s. 429(1)(d)). * * * * * S. 3(1) def. of indefinite sentence inserted by No. 41/1993 s. 4(c). indefinite sentence means a sentence of imprisonment for an indefinite term imposed under Subdivision (1A) of Division 2 of Part 3; S. 3(1) def. of inspector repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of instalment order amended by Nos 65/2011 s. 3(5), 26/2012 s. 27(5). instalment order means an order made under Part 3B that a fine be paid by two or more instalments and includes such an order as varied under that Part;
S. 3(1) def. of involuntary patient repealed by No. 26/2014 s. 429(1)(e)). * * * * * S. 3(1) def. of judicial monitoring condition inserted by No. 65/2011 s. 3(1). judicial monitoring condition means a condition that may be attached to a community correction order under section 48K(1); S. 3(1) def. of justice plan amended by Nos 46/1998 s. 7(Sch. 1), 23/2006 s. 226(a), substituted by No. 65/2011 s. 3(6). justice plan means a plan requested under section 80(3)(c); s. 3 S. 3(1) def. of justice plan condition inserted by No. 65/2011 s. 3(1). justice plan condition means a condition that may be attached to— (a) a community correction order; or (b) an order releasing an offender on adjournment with or without recording a conviction— under section 80(1); S. 3(1) def. of lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 97.1). lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2004; S. 3(1) def. of learner permit inserted by No. 65/2011 s. 3(1). learner permit has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 97.1). s. 3 legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; s. 3 S. 3(1) def. of licence restoration report inserted by No. 57/1998 s. 26(3), amended by No. 65/2011 s. 3(7), repealed by No. 56/2013 s. 31. * * * * * local law means local law made under Part 5 of the Local Government Act 1989; S. 3(1) def. of Mental Health Review Board substituted as Mental Health Tribunal by No. 26/2014 s. 429(1)(f). Mental Health Tribunal means the Mental Health Tribunal established by section 152 of the Mental Health Act 2014; S. 3(1) def. of mental illness inserted by No. 98/1995 s. 64(1)(b), amended by No. 26/2014 s. 429(1)(g). mental illness has the same meaning as in the Mental Health Act 2014; S. 3(1) def. of monitored condition inserted by No. 32/2013 s. 23. monitored condition means any of the following conditions— (a) a curfew condition; (b) a place or area exclusion condition; motor vehicle has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of nominal sentence inserted by No. 41/1993 s. 4(d). nominal sentence, in relation to an indefinite sentence, means the period fixed in accordance with section 18A(3); s. 3 S. 3(1) def. of condition inserted by No. 65/2011 s. 3(1). non-association condition means a condition that may be attached to a community correction order under section 48F(1); non-parole period, in relation to a sentence of imprisonment, means a period fixed in accordance with Subdivision (1) of Division 2 of Part 3 during which the offender is not eligible to be released on parole; S. 3(1) def. of operational period amended by No. 48/1997 s. 14(1)(a), repealed by No. 32/2013 s. 8(a). * * * * * S. 3(1) def. of personal development condition repealed by No. 65/2011 s. 3(14)(e). * * * * * S. 3(1) def. of personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 10.1(a)). personal safety intervention order means— (a) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or
S. 3(1) def. of residential treatment order inserted by No. 23/2006 s. 226(b), amended by No. 65/2011 s. 3(9). residential treatment order means an order made under section 82AA(1); S. 3(1) def. of restricted involuntary treatment order inserted by No. 69/2005 s. 3(1)(a), repealed by No. 26/2014 s. 429(1)(h). * * * * * S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 65/2011 s. 3(10). Secretary means the Secretary to the Department of Justice; s. 3 S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 71(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of secure custody facility inserted by No. 2/2002 s. 4(1), amended by No. 48/2006 s. 42(Sch. item 32.1(b)). secure custody facility means— (a) a prison as defined in section 3 of the Corrections Act 1986; or (b) a youth justice centre; or (c) any other place the Minister specifies under subsection (2);
(e) whether the offender pleaded guilty to the offence and, if so, the stage in the proceedings at which the offender did so or indicated an intention to do so; and (f) the offender's previous character; and (g) the presence of any aggravating or mitigating factor concerning the offender or of any other relevant circumstances. S. 5(2A) inserted by No. 90/1991 s. 34. (2A) In sentencing an offender a court— S. 5(2A)(a) amended by No. 108/1997 s. 156(a)(i). (a) may have regard to a forfeiture order made under the Confiscation Act 1997 in respect of property— (i) that was used in, or in connection with, the commission of the offence; (ii) that was intended to be used in, or in connection with, the commission of the offence; S. 5(2A)(a)(iii) amended by No. 108/1997 s. 156(a)(ii). (iii) that was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i) or (ii); S. 5(2A)(ab) inserted by No. 63/2003 s. 50(1). (ab) if it is satisfied that property was acquired lawfully, may have regard to automatic forfeiture under the Confiscation Act 1997 in respect of property— s. 5 (i) that was used in, or in connection with, the commission of the offence; (ii) that was intended to be used in, or in connection with, the commission of the offence;
S. 5(2BD) inserted by No. 91/2009 s. 219(Sch. 3 item 2.2). (2BD) In sentencing an offender, a court— (a) must not have regard to the fact that the offender is subject to an order made under the Serious Sex Offenders (Detention and Supervision) Act 2009 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions (if any) imposed on that order and the terms of any current directions or instructions given by the Adult Parole Board under section 119, 120(2) or 121 of that Act; (b) must not have regard to any possibility or likelihood of an application being made under that Act for an order in respect of the offender. S. 5(2BE) inserted by No. 91/2009 s. 219(Sch. 3 item 2.2), amended by No. 65/2011 s. 4(1). (2BE) For the purposes of subsection (2BD)(a), the court may request the Secretary to provide it with a report setting out— (a) the conditions of the supervision order or interim supervision order to which the offender is subject under that Act; and s. 5 (b) the terms of any current directions or instructions given by the Adult Parole Board under section 119, 120(2) or 121 of that Act in relation to that order. S. 5(2C) inserted by No. 60/1993 s. 26, amended by Nos 35/1999 s. 37(1)(a)(b), 68/2009 s. 97(Sch. item 110.2). (2C) In sentencing an offender a court may have regard to the conduct of the offender on or in connection with the trial or hearing as an indication of remorse or lack of remorse on his or her part.
(3) In the case of a sentence other than a sentence referred to in subsection (1)(b), the court may state the sentence that it would have imposed but for the plea of guilty. S. 6AAA(4) amended by No. 22/2009 s. 5, substituted by No. 48/2012 s. 43. (4) If the court makes a statement under this section, it must record or cause to be recorded (whether in writing or another form) the matters stated under subsection (1), (2) or (3), as the case may be. (5) For the purposes of this section, an aggregate sentence imposed in respect of two or more offences is to be treated as a sentence imposed in respect of one offence. s. 6AAA __________________ Pt 2AA (Heading and ss 6AA–6AG) inserted by No. 13/2003 s. 4. S. 6AA inserted by No. 13/2003 s. 4. 6AA Definition s. 6AA In this Part— guideline judgment means a judgment that is expressed to contain guidelines to be taken into account by courts in sentencing offenders, being guidelines that apply— (a) generally; or (b) to a particular court or class of court; or (c) to a particular offence or class of offence; or (d) to a particular penalty or class of penalty; or
Division 1—General S. 7 (Heading) inserted by No. 68/2009 s. 97(Sch. item 110.10). S. 7 amended by No. 19/1999 s. 4 (ILA s. 39B(1)). 7 Sentences S. 7(1) amended by No. 45/2012 s. 6. s. 7 (1) If a court finds a person guilty of an offence, it may, subject to any specific provision relating to the offence and subject to this Act— (a) record a conviction and order that the offender serve a term of imprisonment; or S. 7(1)(ab) inserted by No. 48/1997 s. 8(2)(a), repealed by No. 65/2011 s. 5(1). * * * * * S. 7(1)(aab) inserted by No. 69/1997 s. 5, amended by Nos 69/2005 s. 3(1)(b), 26/2014 s. 430. (aab) subject to Part 5, record a conviction and order that the offender be detained and treated in a designated mental health service as a security patient (Court Secure Treatment Order); or S. 7(1)(ac) inserted by No. 2/2002 s. 4(6). (ac) record a conviction and make a drug treatment order in respect of the offender; or S. 7(1)(b) repealed by No. 65/2011 s. 5(2). * * * * *
S. 7(1)(ba) inserted by No. 30/2010 s. 4, repealed by No. 48/2011 s. 13. * * * * * S. 7(1)(c) amended by No. 32/2013 s. 3, repealed by No. 32/2013 s. 9. * * * * * S. 7(1)(d) amended by Nos 48/1997 s. 8(2)(b)(i)(ii), 48/2006 s. 42(Sch. item 32.3). (d) in the case of a young offender, record a conviction and order that the young offender be detained in a youth justice centre; or S. 7(1)(da) inserted by No. 48/1997 s. 8(2)(c). (da) in the case of a young offender, record a conviction and order that the young offender be detained in a youth residential centre; or S. 7(1)(e) amended by No. 65/2011 s. 5(3). (e) with or without recording a conviction, make a community correction order in respect of the offender; or (f) with or without recording a conviction, order the offender to pay a fine; or s. 7 (g) record a conviction and order the release of the offender on the adjournment of the hearing on conditions; or (h) record a conviction and order the discharge of the offender; or (i) without recording a conviction, order the release of the offender on the adjournment of the hearing on conditions; or
sentence of imprisonment in respect of all or any two or more of them. S. 9(1A) inserted by No. 50/2006 s. 38(2). (1A) Despite subsection (1), a court must not impose an aggregate sentence of imprisonment if— (a) the offender is a serious offender within the meaning of Part 2A and any of the offences of which the offender is convicted is a relevant offence within the meaning of that Part; or (b) the offences comprise at least one offence committed by the offender while released under a parole order and one offence committed at another time. S. 9(2) amended by No. 50/2006 s. 38(3). (2) The term of an aggregate sentence of imprisonment imposed in accordance with subsection (1) must not exceed the total effective period of imprisonment that could have been imposed in respect of the offences in accordance with this Act if the court had imposed a separate sentence of imprisonment in respect of each of them. S. 9(3) amended by No. 50/2006 s. 38(4). (3) If a court proposes to impose an aggregate sentence of imprisonment, it must before doing so announce in open court, in language likely to be readily understood by the offender— s. 9 (a) the decision to impose an aggregate sentence and the reasons for doing so; and (b) the effect of the proposed aggregate sentence. S. 9(4) inserted by No. 30/2010 s. 5, amended by No. 48/2012 s. 44(1). (4) If a court imposes an aggregate sentence of imprisonment in respect of 2 or more offences, the court— (a) is not required to identify separate events giving rise to specific charges; and
prisoner, whether before or at the same time as that term. S. 16(3A) inserted by No. 41/1993 s. 8(c), repealed by No. 48/1997 s. 7(5). * * * * * S. 16(3B) inserted by No. 41/1993 s. 8(c), substituted by No. 48/1997 s. 10(2), amended by No. 46/2013 s. 5(1). (3B) Subject to subsection (3BA), every term of imprisonment imposed on a person for an offence committed while released under a parole order made in respect of another sentence of imprisonment (the sentence) must, unless otherwise directed by the court because of the existence of exceptional circumstances, be served cumulatively on any period of imprisonment which he or she may be required to serve in custody in a prison on cancellation of the parole order . S. 16(3BA) inserted by No. 46/2013 s. 5(2). (3BA) Every term of imprisonment imposed on a prisoner for an offence against section 78A of the Corrections Act 1986 must, unless otherwise directed by the court because of the existence of exceptional circumstances, be served cumulatively on— s. 16 (a) any period of imprisonment the prisoner may be required to serve in custody in a prison on cancellation of the parole order under which that prisoner was released when he or she committed the offence against section 78A; and (b) any period of imprisonment imposed on the prisoner for an offence committed while released under the parole order referred to in paragraph (a), whether before or at the same time as that term.
S. 18(1A) inserted by No. 10/1999 s. 18(2), repealed by No. 1/2000 s. 8(a), new s. 18(1A) inserted by No. 53/2003 s. 4(1), repealed by No. 30/2010 s. 7(a). * * * * * S. 18(1B) inserted by No. 10/1999 s. 18(2), repealed by No. 1/2000 s. 8(a). s. 18 * * * * * S. 18(2) amended by Nos 53/2003 s. 4(2), 30/2010 s. 7(b). (2) Subsection (1) does not apply— (a) to a period of custody of less than one day; or S. 18(2)(b) amended by Nos 69/1997 s. 6(2)(a), 26/2014 s. 431(2). (b) to a sentence of imprisonment or period of detention in a designated mental health service of less than one day; or S. 18(2)(ba) inserted by No. 48/1997 s. 11(2)(a), repealed by No. 65/2011 s. 9. * * * * * S. 18(2)(bb) inserted by No. 30/2010 s. 7(c), repealed by No. 48/2011 s. 15. * * * * *
(b) the effect of an order for an indefinite sentence— and adjourn sentencing until at least 25 working days after the day of the conviction. S. 18E inserted by No. 41/1993 s. 9, amended by Nos 24/1994 s. 6(1), 69/2005 ss 3(1)(c) (2)(3)(a), substituted by No. 26/2014 s. 433. 18E Court Secure Treatment Orders s. 18E (1) If a court imposes an indefinite sentence on an offender as mentioned in section 94(1)(b) after considering the authorised psychiatrist's report made after examining the offender subject to a Inpatient Court Assessment Order made under section 90, the court must deduct from the nominal sentence the period of time that the offender was detained under the Court Assessment Order. (2) Section 94C applies if a person is found guilty of a serious offence and a court imposes an indefinite sentence in the same way it applies on any other finding of guilt but as if— (a) section 94C(3) provided that the duration of the Court Secure Treatment Order was for an indefinite period; and (b) section 94C(4) did not require the fixing of a non-parole period but instead required the court to specify a nominal sentence as if the Court Secure Treatment Order were an indefinite sentence; and (c) in section 94C(5) the words "before the end of the period specified in a Court Secure Treatment Order" were omitted; and (d) section 94C(5) referred to— (i) an indefinite term instead of the unexpired portion of the Court Secure Treatment Order; and (ii) release under a re-integration program instead of release on parole.
S. 18O(3)(b) amended by No. 68/2009 s. 97(Sch. item 110.12). (b) in the case of an appeal under subsection (2), confirm the order and dismiss the appeal or uphold the appeal and set aside the order made. S. 18O(4) amended by No. 68/2009 s. 97(Sch. item 110.13). (4) An indefinite sentence revives on the setting aside of an order under section 18M(1) and the original warrant to imprison or other authority for the offender's imprisonment is to be regarded as again in force. S. 18P inserted by No. 41/1993 s. 9. 18P Offender to be present during hearings (1) Subject to this section, the offender must be present— (a) during the hearing of evidence under section 18F; (b) during the hearing of a review under section 18H(1)(a) or (b). (2) The court may order the officer in charge of the prison or other institution in which the offender is detained to cause the offender to be brought before the court for a hearing referred to in subsection (1). S. 18P(3) amended by No. 68/2009 s. 97(Sch. item 110.14). (3) Subsection (2) is additional to, and does not limit, the court's powers under section 332 of the Criminal Procedure Act 2009. (4) If the offender acts in a way that makes the hearing in the offender's presence impracticable, the court may order that the offender be removed and the hearing continue in his or her absence. s. 18P (5) If the offender is unable to be present at a hearing because of illness or for any other reason, the court may proceed with the hearing in his or her absence if it is satisfied that— (a) doing so will not prejudice the offender's interests; and
S. 32 (Heading) inserted by No. 48/2006 s. 42(Sch. item 32.5). 32 Youth justice centre or youth residential centre order s. 32 S. 32(1) amended by Nos 48/1997 ss 16(2), 17(3), 48/2006 s. 42(Sch. item 32.6). (1) Subject to subsections (2A) and (2B), if a sentence involving confinement is justified in respect of a young offender a court may make a youth justice centre order or a youth residential centre order if it has received a pre-sentence report and— (a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or (b) it believes that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison. S. 32(2) amended by Nos 48/1997 s. 17(3), 48/2006 s. 42(Sch. item 32.6). (2) In determining whether to make a youth justice centre order or a youth residential order, a court must have regard to— (a) the nature of the offence; and S. 32(2)(b) amended by No. 48/1997 s. 16(1). (b) the age, character and past history of the young offender. S. 32(2A) inserted by No. 48/1997 s. 16(3), amended by No. 48/2006 s. 42(Sch. item 32.6). (2A) A court must not make a youth justice centre order in respect of a young offender who at the time of being sentenced is under the age of 15 years. S. 32(2B) inserted by No. 48/1997 s. 17(4).
S. 35(8)(a) amended by No. 48/1997 s. 16(1). (a) the young offender; or (b) the Director of Public Prosecutions, if the sentencing court was the Supreme Court or the County Court; or (c) the informant or police prosecutor, if the sentencing court was the Magistrates' Court. Pt 3 Div. 3 (Heading) repealed by No. 65/2011 s. 20. * * * * * s. 35 __________________ Pt 3A (Heading) inserted by No. 65/2011 s. 21. Pt 3A Div. 1 (Heading) inserted by No. 65/2011 s. 21. Division 1—Preliminary S. 36 amended by No. 48/1997 ss 18, 19(1), 28(1), substituted by No. 65/2011 s. 21, amended by No. 69/2014 s. 17 (ILA s. 39B(1)). 36 Purpose of an order s. 36 (1) The purpose of a community correction order is to provide a community based sentence that may be used for a wide range of offending behaviours while having regard to and addressing the circumstances of the offender.
liquor has the same meaning as in the Liquor Control Reform Act 1998; major event has the same meaning as in the Liquor Control Reform Act 1998. S. 48JA inserted by No. 65/2011 s. 58 (as amended by No. 26/2012 s. 71). 48JA Bond condition s. 48JA (1) A court which is making a community correction order may attach a condition requiring an offender to pay an amount of money as a bond, the whole or part of which is subject to forfeiture if the offender fails to comply with the order. (2) The court may attach a bond condition for the purpose of ensuring the compliance of the offender with the order. (3) When attaching a bond condition the court must— (a) have regard to adequacy of the financial circumstances of the offender as contained in the pre-sentence report to support the payment of the bond; and (b) fix a time period for the payment of the bond by the offender. (4) Any money paid by an offender under subsection (1)— (a) must be paid to the court making the order; and (b) despite any provision to the contrary in the Supreme Court Act 1986, the County Court Act 1958 or the Magistrates' Court Act 1989, must be held on trust by the Crown in a trust account established by the Minister under section 23 of the Financial Management Act 1994 until the money is required to be repaid or forfeited under this Act.
Pt 3BA (Heading) inserted by No. 26/2012 s. 54. s. 70 Pt 3 Div. 5 (Heading) substituted as Pt 3B Div. 2 (Heading) by No. 65/2011 s. 28, renumbered as Pt 3BA Div. 1 by No. 26/2012 s. 55. Division 1—Dismissals, discharges and adjournments Subdivision (1)—General S. 70 amended by No. 48/1997 s. 20(1). 70 Purpose of orders under this Division (1) An order may be made under this Division— (a) to provide for the rehabilitation of an offender by allowing the sentence to be served in the community unsupervised; (b) to take account of the trivial, technical or minor nature of the offence committed; S. 70(1)(ba) inserted by No. 31/2013 s. 9(1). (ba) to allow for the offender to demonstrate his or her remorse in a manner agreed to by the court; (c) to allow for circumstances in which it is inappropriate to record a conviction; (d) to allow for circumstances in which it is inappropriate to inflict any punishment other than a nominal punishment; (e) to allow for the existence of other extenuating or exceptional circumstances
up to 60 months and release the offender on the offender giving an undertaking with conditions attached. (2) An undertaking under subsection (1) must have as conditions— S. 75(2)(a) amended by No. 68/2009 s. 97(Sch. item 110.52). (a) that the offender attends before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned; and (b) that the offender is of good behaviour during the period of the adjournment; and S. 75(2)(c) amended by No. 31/2013 s. 9(3). (c) that the offender observes any special conditions imposed by the court and may include a condition requiring the offender to make a payment to an organisation that provides a charitable or community service or to the court for payment to such an organisation. S. 75(3) amended by Nos 48/1997 s. 28(1), 65/2011 s. 30, 26/2012 s. 57. (3) Subject to Division 2 of Part 3BA, a court may attach a justice plan condition that the offender participate in the services specified in a justice plan for a period of up to 2 years specified by the court or the period of the adjournment, whichever is the shorter. S. 75(4) amended by No. 68/2009 s. 97(Sch. item 110.53). (4) An offender who has given an undertaking under subsection (1) may be called on to attend before the court— s. 75 (a) by order of the court; or (b) by notice issued by the proper officer of the court. S. 75(5) amended by No. 68/2009 s. 97(Sch. item 110.54). (5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the attendance.
S. 79 amended by Nos 48/1997 s. 21, 10/1999 s. 30, 68/2009 s. 97(Sch. items 110.55– 110.58), repealed by No. 65/2011 s. 33. * * * * * Pt 3 Div. 6 (Heading) substituted as Pt 3B Div. 3 (Heading) by No. 65/2011 s. 34, renumbered as Pt 3BA Div. 2 by No. 26/2012 s. 58. Division 2—Intellectually disabled offenders S. 80 amended by Nos 48/1997 ss 14(8), 28(1), 46/1998 s. 7(Sch. 1), 23/2006 s. 227, substituted by No. 65/2011 s. 35. 80 Justice plan condition s. 80 (1) A court that is considering— (a) making a community correction order; or (b) releasing an offender on adjournment with or without recording a conviction— may attach a condition to the order directing that the offender participate in the services specified in the plan prepared under subsection (3)(c). (2) In attaching a condition under subsection (1) the court must— (a) consider the plan and the other information requested under subsection (3); and (b) have regard to those objectives and principles specified in Part 2 of the Disability Act 2006.
S. 81(2) amended by Nos 46/1998 s. 7(Sch. 1), 65/2011 s. 36(4). (2) The Secretary to the Department of Human Services may review a justice plan if an application is made to him or her to do so by— (a) the offender; or S. 81(2)(b) amended by No. 45/1996 s. 18(Sch. 2 item 11.12), substituted by No. 65/2011 s. 36(5). (b) if the sentence is a community correction order, the Secretary; or S. 81(2)(c) amended by Nos 48/1997 s. 14(9), 65/2011 s. 36(6). (c) if the sentence is a an order under Subdivision (2) or (3) of Division 2, a prescribed person or a member of a prescribed class of persons. S. 82 (Heading) inserted by No. 65/2011 s. 37. 82 Review of justice plan condition by sentencing court S. 82(1) amended by Nos 23/2006 s. 228(1), 65/2011 s. 38(1)(2)(a). s. 82 (1) If on an application under this subsection the court which attached a justice plan condition to an order under section 80(1) is satisfied— S. 82(1)(a) amended by No. 65/2011 s. 38(2)(a). (a) that the offender is no longer willing to comply with the condition; or S. 82(1)(b) amended by No. 65/2011 s. 38(2)(a). (b) that the needs of the offender are not being met by the condition; or S. 82(1)(c) amended by No. 65/2011 s. 38(2)(a). (c) that the offender has failed without reasonable excuse to comply with the condition; or
S. 83AG inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AG Commencement of a proceeding S. 83AG(1) amended by No. 32/2013 ss 15, 49(1). (1) A proceeding for an offence under section 83AC, 83AD, 83ADA, 83ADB, 83AE or 83AF is commenced by filing a charge-sheet in the Magistrates' Court. (2) A charge-sheet must be filed under subsection (1) by— (a) the Director of Public Prosecutions; or (b) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or S. 83AG(2)(c) amended by No. 32/2013 s. 34(1). (c) a member of staff of the Office of Public Prosecutions who is a lawyer; or S. 83AG(2)(d) amended by No. 37/2014 s. 10(Sch. item 151.3). (d) a police officer; or S. 83AG(2)(da) inserted by No. 32/2013 s. 34(2). (da) an informant in the proceeding for which the sentencing order was made that is the subject of the charge; or (e) a prescribed person; or (f) a member of a prescribed class of person; or (g) the Secretary— as the case requires. (3) Subject to this Act, a proceeding commenced under this Division is to be in accordance with the provisions of and regulations and rules made under— s. 83AG (a) the Criminal Procedure Act 2009;
(a) in accordance with his or her undertaking of bail; or (b) in answer to a summons which has been served— the sentencing court may issue a warrant to arrest the offender. S. 83AL inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AL Process where offender before higher court, orders of that court S. 83AL(1) amended by No. 32/2013 ss 19(1), 49(2). (1) If in a proceeding before the Supreme Court or the County Court (the relevant sentencing court)— (a) an offender is before the relevant sentencing court and is convicted or found guilty of the offence that is the subject of the proceeding; and S. 83AL(1)(b) amended by No. 32/2013 ss 19(1), 49(2). (b) the conviction or finding of guilt constitutes a contravention of an order (the original order) under this Act applying to the offender, in respect of which a charge-sheet may be filed for an offence under section 83AC, 83AD, 83ADA or 83ADB; and (c) the original order was made by the relevant sentencing court— despite anything to the contrary in this Division, the proceeding for the offence under section 83AC, 83AD, 83ADA or 83ADB may be commenced by filing a charge-sheet in the relevant sentencing court. (2) If a charge-sheet is filed in the relevant sentencing court under subsection (1) it must be filed by—
increased by the same period specified in the direction given under subsection (1). S. 83AV(4) inserted by No. 32/2013 s. 26. s. 83AV (4) The Secretary must not give a direction under subsection (3) unless the Secretary is satisfied that— (a) the electronic monitoring requirement that the offender is subject to under section 48LA has not expired; and (b) appropriate resources or facilities are available to enable the offender to be electronically monitored for the increased period; and (c) the offender is a suitable person to be electronically monitored for the increased period; and (d) the increased period that the offender is to be electronically monitored in respect of a curfew condition does not exceed the requirements of section 48I(3) for that condition. S. 83AW inserted by No. 65/2011 s. 60. 83AW Reasonable excuse for a failure to comply s. 83AW For the purposes of section 83AU or 83AV it is a reasonable excuse for an offender to fail to comply with a community correction order if— (a) there exists an application to vary the order under section 48N relating to or resulting from the failure to comply; or (b) the court varied the order under section 48M in relation to or as a result of the failure to comply. S. 83AX inserted by No. 65/2011 s. 60. 83AX Notice of direction to be given in writing
S. 83AX(1) amended by No. 32/2013 s. 37(1). (1) The Secretary must serve on an offender, by ordinary service or personal service, notice in writing of a decision under section 83AU or 83AV. (2) In a notice under subsection (1) the Secretary must include his or her reasons for making the decision and the right of an offender to make an application for review on the merits of the Secretary's decision under section 83AY. (3) A decision of the Secretary under section 83AU or 83AV does not take effect until the notice is served under subsection (1) or any later date specified in the notice. S. 83AX(4) inserted by No. 32/2013 s. 37(2). (4) In this section— ordinary service has the same meaning as in the Criminal Procedure Act 2009; personal service has the same meaning as in the Criminal Procedure Act 2009. S. 83AY inserted by No. 65/2011 s. 60. 83AY Review by the sentencing court (1) The court may review the decision of the Secretary on application by the offender. (2) If the Secretary has given a direction in terms of an unpaid community work condition or a curfew condition under section 83AU or 83AV, the offender may apply to the court that imposed the condition for a review on the merits of the Secretary's decision. (3) An application under subsection (2) must be made within 28 days after the day on which the decision was made.
S. 115E inserted by No. 65/2011 s. 69 (as amended by No. 43/2012 s. 3(Sch. item 47.2)). 115E Appointment of authorised person (1) The Secretary may by instrument, appoint a person as an authorised person. (2) The Secretary in appointing a person under subsection (1) must specify the nature and extent of the appointment. 116 Regulations s. 116 (1) The Governor in Council may make regulations for or with respect to— S. 116(1)(a) repealed by No. 10/1999 s. 31(4)(b), new s. 116(1)(a) inserted by No. 53/2003 s. 7, repealed by No. 48/2011 s. 23. * * * * * S. 116(1)(b) repealed by No. 65/2011 s. 51(a). * * * * * S. 116(1)(c) amended by No. 65/2011 s. 51(b). (c) the commencement of community correction orders, the matters to be specified in those orders, the supply of copies of those orders to specified persons and the obligations of persons subject to those orders; and S. 116(1)(ca) inserted by No. 26/2012 s. 66. (ca) fine conversion orders or fine default unpaid community work orders, including but not limited to the commencement of those orders, the matters to be specified in those orders, the supply of copies of those orders to specified persons and the obligations of persons subject to those orders; and
S. 116(1)(d) amended by No. 65/2011 s. 51(c). (d) the payment of fines by or on behalf of a person required to perform unpaid community work under a fine conversion order or fine default unpaid community work order; and S. 116(1)(e) repealed by No. 65/2011 s. 51(d). * * * * * S. 116(1)(f) amended by Nos 68/2009 s. 97(Sch. item 110.82), 30/2010 s. 29, substituted by No. 65/2011 s. 51(e). (f) contraventions of sentence and applications for variation of sentence; and S. 116(1)(fa) inserted by No. 65/2011 s. 51(e). (fa) proceedings for contravention of sentence; and S. 116(1)(fb) inserted by No. 65/2011 s. 51(e). (fb) any matter relating to reviews by the court of decisions of the Secretary under Division 3 of Part 3C; and s. 116 (g) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (c) may impose a level 12 fine for a contravention of the regulations.
(3) The amendments made to this Act by Part 5 of the Sentencing Amendment (Emergency Workers) Act 2014 apply to the sentencing of an offender on or after the commencement of that Part, irrespective of when the offence was committed or the finding of guilt was made. s. 154 __________________ SCHEDULES Sch. 1 amended by Nos 43/1994 s. 56(Sch. item 6.2), 36/1995 s. 13(2), substituted by No. 48/1997 s. 34. SCHEDULE 1 Sch. 1 1 Sexual offences This clause applies to the following offences— Sch. 1 cl. 1(a) amended by No. 69/1997 s. 21. (a) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958: (i) section 38 (rape); Sch. 1 cl. 1(a)(ia) inserted by No. 2/2006 s. 43(2)(a). (ia) section 38A (compelling sexual penetration) if the person against whom the offence is committed is a child; Sch. 1 cl. 1(a)(ii) substituted by No. 57/2005 s. 50(2)(a). (ii) section 39 (indecent assault); (iii) section 40 (assault with intent to rape); (iv) section 44(1), (2) or (4) (incest) but not section 44(4) if both people are aged 18 or older and each consented (as defined
fixed by, any of the following sections of the Crimes Act 1958: Sch. 1 cl. 2(c)(iaa) inserted by No. 6/2013 s. 10(1). (iaa) section 15A (causing serious injury intentionally in circumstances of gross violence); Sch. 1 cl. 2(c)(iab) inserted by No. 6/2013 s. 10(1). (iab) section 15B (causing serious injury recklessly in circumstances of gross violence); (i) section 16 (causing serious injury intentionally); (ii) section 17 (causing serious injury recklessly); (iii) section 19A (intentionally causing a very serious disease); (iv) section 20 (threats to kill); (v) section 21 (threats to inflict serious injury); (vi) section 63A (kidnapping); Sch. 1 cl. 2(d) amended by No. 69/1997 s. 21. (d) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985: Sch. 1 (i) section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest); (ii) section 19A (inflicting grievous bodily harm);
Date Signature of accused acknowledging receipt of a copy of this document Date B CERTIFICATE In sentencing for the offence(s) of 1 2 3 this day the court has taken into account the following offences alleged against and admitted by the accused, that is to say the offences numbered on the back of this form. Dated Signature of (Judge) or (Magistrate) Sch. 2 PART C Number Place where offence committed Date of offence Description of offence (with particulars) 1 2 3 4 etc. _______________
Assent Date: 12.10.04 Commencement Date: S. 9 on 13.10.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Superannuation Orders) Act 2004, No. 65/2004 Assent Date: 12.10.04 Commencement Date: S. 3 on 13.10.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Children and Young Persons (Age Jurisdiction) Act 2004, No. 72/2004 Assent Date: 9.11.04 Commencement Date: Ss 38–40 on 1.7.05: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004 Assent Date: 23.11.04 Commencement Date: S. 24 on 1.1.05: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 181) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Sentencing Act 1991 Transport Legislation (Amendment) Act 2004, No. 110/2004 Assent Date: 21.12.04 Commencement Date: S. 45 on 22.12.04: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Serious Sex Offenders Monitoring Act 2005, No. 1/2005 Assent Date: 1.3.05 Commencement Date: S. 48 on 26.5.05: Government Gazette 26.5.05 p. 1069 : This information relates only to the provision/s amending the Sentencing Act 1991 Statute Law Revision Act 2005, No. 10/2005 Assent Date: 27.4.05 Commencement Date: S. 4(Sch. 2 item 2) on 28.4.05: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Further Amendment) Act 2005, No. 15/2005
Assent Date: 13.9.05 Commencement Date: S. 50 on 3.4.06: Government Gazette 30.3.06 p. 615 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005 Assent Date: 11.10.05 Commencement Date: Ss 3–6 on 1.10.06: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Homicide) Act 2005, No. 77/2005 Assent Date: 22.11.05 Commencement Date: S. 8(4) on 23.11.05: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005 Assent Date: 29.11.05 Commencement Date: S. 15 on 30.11.05: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 45) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006) Assent Date: 7.3.06 Commencement Date: S. 43 on 1.12.06: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Disability Act 2006, No. 23/2006 Assent Date: 16.5.06 Commencement Date: Ss 226–230 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 35) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Sentencing Act 1991
Criminal Procedure Legislation Amendment Act 2008, No. 8/2008 Assent Date: 18.3.08 Commencement Date: Ss 3, 18 on 1.7.08: s. 2(5) : This information relates only to the provision/s amending the Sentencing Act 1991 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 56) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008 Assent Date: 13.5.08 Commencement Date: Ss 15–17 on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation Amendment Act 2008, No. 21/2008 Assent Date: 2.6.08 Commencement Date: S. 25(1) on 3.6.08: Special Gazette (No. 148) 3.6.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 287 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: Ss 265, 266 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Stalking Intervention Orders Act 2008, No. 68/2008 Assent Date: 18.11.08 Commencement Date: Ss 82, 83 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009) Assent Date: 10.3.09 Commencement Date: Ss 432–434 on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Sentencing Act 1991