Correctional Centres Amendment (Alternate Chairperson) Act 1997 (NSW)
New South Wales
Correctional Centres Amendment (Alternate Chairperson) Act 1997 No 57
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Correctional Centres Act 1952 No 9 2 4 Amendment of Sentencing Act 1989 No 87 2 Schedules
1 Amendment of Correctional Centres Act 1952 3 2 Amendment of Sentencing Act 1989 6
New South Wales
Correctional Centres Amendment (Alternate Chairperson) Act 1997 No 57
Act No 57, 1997
An Act to amend the Correctional Centres Act 1952 to provide for an Alternate Chairperson of the Serious Offenders Review Council; to amend that Act and the Sentencing Act 1989 with respect to the functions of the Deputy Chairpersons of that Council and of the Parole Board; and for related purposes. [Assented to 2 July 1997]
| Section 1 | Correctional Centres Amendment (Alternate Chairperson) Act 1997 No 57 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Correctional Centres Amendment (Alternate
Chairperson) Act 1997.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Correctional Centres Act 1952 No 9
The Correctional Centres Act 1952 is amended as set out in
Schedule 1 .
Amendment of Sentencing Act 1989 No 87
The Sentencing Act I989 is amended as set out in Schedule 2.
Correctional Centres Amendment (Alternate Chairperson) Act 1997 No 57
Amendment of Correctional Centres Act 1952 Schedule 1 Schedule 1 Amendment of Correctional Centres
Act 1952
(Section 3)
[1] Section 61 Membership of the Review Council
Omit section 61 (1) (a). Insert instead:
(a) 6 members appointed by the Governor, and
[2] Section 61 (2) (a)
Omit the paragraph. Insert instead:
(a) 3 are to be judicially qualified persons, and
[3] Section 66 Provisions relating to members, Divisions and procedure of the Review Council
Omit “the members and procedure of”.
[4] Schedule 5, heading
Omit the heading.
Insert instead “Schedule 5 Provisions relating to the members,
Divisions and procedure of the Review Council”.[5] Schedule 5, clause 1
Insert in alphabetical order:
Alternate Chairperson means the Alternate Chairperson
of the Review Council.
Correctional Centres Amendment (Alternate Chairperson) Act 1997 No 57
| Schedule 1 | Amendment of Correctional Centres Act 1952 |
Schedule 5, clause 2 (1)
After paragraph (a), insert:
(a1) Alternate Chairperson of the Review Council, and
Schedule 5, clause 2 (2)–(4)
Insert “, Alternate Chairperson” after “the Chairperson” wherever occurring.
Schedule 5, clause 3 (1) and (1A)
Omit clause 3 (1). Insert instead:
(1)
The Alternate Chairperson, during the illness or absence of the Chairperson, is to act in the office of the Chairperson and, while so acting, has all the functions of the Chairperson and is taken to be the Chairperson.
(1A)
The Deputy Chairperson, during the illness or absence of the Alternate Chairperson, is to act in the office of the Alternate Chairperson and, while so acting, has all the functions of the Alternate Chairperson (including the function of acting in the office of the Chairperson, during the illness or absence of the Chairperson as well) and is taken to be the Alternate Chairperson.
Schedule 5, clause 3 (5) (a)
Insert “ , Alternate Chairperson” after “the Chairperson”, wherever occurring.
Schedule 5, clause 3 (5) (b)
Omit the paragraph. Insert instead:
(b)
the Alternate Chairperson or Deputy Chairperson is taken to be absent from the office of Alternate Chairperson or Deputy Chairperson during any period of acting in another office pursuant to subclause (1) or (1A).
Correctional Centres Amendment (Alternate Chairperson) Act 1997 No 57
Amendment of Correctional Centres Act 1952 Schedule 1 [11] Schedule 5, clause 14
Omit the clause. Insert instead:
14 Presiding members
(1) The Chairperson is to preside at a meeting of the Review
Council.(2) At a meeting of a Division, the judicial member is to
preside.
[12] Schedule 5, clause 15
Omit the clause. Insert instead:
15 Attendance and voting at meetings of the Review
Council
(1) If the Chairperson attends a meeting of the Review Council, neither the Alternate Chairperson nor the Deputy Chairperson is entitled to attend the same meeting unless the Chairperson authorises either or both of them to do so. (2) If the Chairperson and the Alternate Chairperson or Deputy Chairperson, or both, are present at a meeting of the Review Council, only the Chairperson is entitled to vote with respect to any decision.
[13] Schedule 8 Savings and transitional provisions
After Part 8, insert:
Part 9 Provision consequent on enactment of
Correctional Centres Amendment (Alternate
Chairperson) Act 199731 Saving of appointments of members of Review Council Amendments made to this Act by the Correctional Centres Amendment (Alternate Chairperson) Act I997 do not affect the appointment or term of office of a member of the Review Council who held office as such a member immediately before the commencement of that Act.
Correctional Centres Amendment (Alternate Chairperson) Act 1997 No 57
| Schedule 2 | Amendment of Sentencing Act 1989 |
| Schedule 2 | Amendment of Sentencing Act 1989 |
(Section 4)
Schedule 1 Provisions relating to the members of the Board,
Divisions of the Board and procedure
Omit clause 3 (1) and (2). Insert instead:
(1)
The Alternate Chairperson, during the illness or absence of the Chairperson, is to act in the office of the Chairperson and, while so acting, has all the functions of the Chairperson and is taken to be the Chairperson.
(2)
The Deputy Chairperson, during the illness or absence of the Alternate Chairperson, is to act in the office of the Alternate Chairperson and, while so acting, has all the functions of the Alternate Chairperson (including the function of acting in the office of the Chairperson, during the illness or absence of the Chairperson as well) and is taken to be the Alternate Chairperson.
[Minister’s second reading speech made in—-
Legislative Assembly on 17 June 1997
Legislative Council on 26 June 1997]
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