Corrections and Sentencing Legislation Amendment Act 2014 (ACT)

Case

Corrections and Sentencing Legislation Amendment Act 2014

A2014-6

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Births, Deaths and Marriages Registration Act 1997

4            New division 3.1 heading  3

5            New division 3.2  3

6            Section 54  10

7           Reviewable decisionsSchedule 1, new items 3A and 3B  10

8            Dictionary, new definitions  11

Part 3Corrections Management Act 2007

9            New section 217A  12

Part 4Crimes (Sentence Administration) Act 2005

10          Periodic detention—offender in custody for other reasonsSection 57A (1)  13

11          Community service work—failure to report etcSection 92 (1)  13

12          New section 92 (3) and (4)  13

13          Definitions—pt 7.6Section 162, definition of parole order  14

14          Appointment of board membersSection 174 (8)  14

15          Dictionary, note 2  14

Corrections and Sentencing Legislation Amendment Act 2014

A2014-6

An Act to amend legislation about corrections and sentencing

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Corrections and Sentencing Legislation Amendment Act 2014.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Births, Deaths and Marriages Registration Act 1997

    ·     Corrections Management Act 2007

    ·     Crimes (Sentence Administration) Act 2005.

Part 2Births, Deaths and Marriages Registration Act 1997

  1. New division 3.1 heading

    before section 17, insert

Division 3.1               Change of name—generally

  1. New division 3.2

    insert

Division 3.2               Change of name—restricted people

22ADefinitions—div 3.2

In this division:

change of name application, in relation to a restricted person, means an application under this Act, division 3.1, or a law of another jurisdiction corresponding to this Act, for registration of a change of the restricted person’s name.

corresponding parole law—see the Crimes (Sentence Administration) Act 2005, section 162.

relevant director-general means—

(a)for a restricted person serving a sentence of imprisonment—the director-general of the administrative unit responsible for the Corrections Management Act 2007; or

(b)for a restricted person the subject of a parole order under the Crimes (Sentence Administration) Act 2005 or a corresponding parole law—the director-general of the administrative unit responsible for the Crimes (Sentence Administration) Act 2005.

restricted person means a person who—

(a)is serving a sentence of imprisonment (including by full-time detention, periodic detention or release on licence); or

(b)is the subject of a parole order under the Crimes (Sentence Administration) Act 2005 or a corresponding parole law.

22BApplication for approval for restricted person to make change of name application

A restricted person may apply, in writing, to the relevant director‑general for approval to make a change of name application.

Note 1If a form is approved under s 69 for an application, the form must be used.

Note 2A fee may be determined under s 67 for an application.

22CDecision on s 22B application

(1)Within 30 days after the day the relevant director-general receives an application mentioned in section 22B, the relevant director‑general must—

(a)approve the application; or

(b)refuse the application.

(2)The relevant director-general may approve the application only if satisfied that the proposed change of name is in all the circumstances necessary or reasonable.

(3)However, the relevant director-general must not approve the application if satisfied that the proposed change of name would, if registered, be reasonably likely to—

(a)adversely affect the security, discipline or good order of any premises or facility at which the restricted person is held or accommodated; or

(b)jeopardise the restricted person’s or another person’s health or safety; or

(c)be used to further an unlawful activity or purpose; or

(d)be used to evade or hinder the supervision of the restricted person; or

(e)be regarded as offensive by a victim of crime or an appreciable sector of the community.

22DNotice of decision

If the relevant director-general makes a decision on an application mentioned in section 22B, the relevant director-general must give written notice of the decision to—

(a)the person who made the application; and

(b)the registrar-general.

NoteWritten notice of the decision must be given to the person and the registrar-general as soon as possible (see Legislation Act, s 151B).

22EOffences—restriction on change of name application by restricted person etc

(1)A restricted person commits an offence if—

(a)the person makes a change of name application; and

(b)the relevant director-general has not approved the making of the application under section 22C.

Maximum penalty:  5 penalty units.

(2)A person commits an offence if—

(a)the person, on behalf of a restricted person, makes a change of name application; and

(b)the relevant director-general has not approved the making of the application under section 22C.

Maximum penalty:  5 penalty units.

(3)An offence against this section is a strict liability offence.

22FRegistrar-general must not register change of name without relevant director-general’s approval

The registrar-general must not register a change of name under section 20 if the registrar-general—

(a)knows that the change of name application is made by or on behalf of a restricted person; and

(b)has not received a notice under section 22D from the relevant director-general approving the making of the change of name application.

22GRegistrar-general may correct register

Without limiting section 40 (Correction of register), the registrar‑general may correct the register if—

(a)the name of a restricted person was changed because of an application under division 3.1; and

(b)the relevant director-general did not approve the making of the application under section 22C.

22HInformation-sharing

(1)The relevant director-general—

(a)must notify the registrar-general of the following details in relation to each restricted person:

(i)the restricted person’s name (including any other name by which the restricted person is or has previously been known);

(ii)the restricted person’s date of birth;

(iii)the restricted person’s current residential address, or if the restricted person is serving a sentence of imprisonment, the person’s residential address immediately before being taken into custody; and

(b)may give the registrar-general other information necessary for the relevant director-general’s exercise of functions under this division.

(2)The registrar-general—

(a)if the circumstances in section 22F (a) and (b) apply—must notify the relevant director-general about the change of name application; and

(b)may give the relevant director-general other information necessary for the relevant director-general’s exercise of functions under this division.

22IProtection of security sensitive information

(1)This section applies if the relevant director-general decides to refuse an application for approval to make a change of name application under section 22C (1) (b).

(2)The relevant director-general is not required under this Act or any other territory law to give reasons for the director-general’s decision to the extent that giving those reasons would disclose security sensitive information.

(3)In this section:

security sensitive information means information that relates to actual or suspected criminal activity (whether in the ACT or elsewhere) the disclosure of which could reasonably be expected to—

(a)prejudice a criminal investigation; or

(b)enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

(c)endanger a person’s life or physical safety; or

(d)adversely affect the security, discipline or good order of any premises or facility at which a restricted person is held or accommodated; or

(e)adversely affect the supervision of a restricted person.

22JACAT or court review—security sensitive information

(1)This section applies if—

(a)the relevant director-general decides to refuse an application for approval (an approval application) to make a change of name application under section 22C (1) (b) because, or partly because, of information the relevant director-general considers is security sensitive information; and

(b)the applicant for the approval application applies to the ACAT or a court for review of the relevant director-general’s decision.

(2)The relevant director-general must apply to the ACAT or the court for a decision about whether the information is security sensitive information.

(3)The application need not be served on anyone unless the ACAT or the court otherwise orders on its own initiative.

(4)The ACAT or the court may decide that the information is, or is not, security sensitive information.

(5)If the ACAT or the court decides that the information is security sensitive information, in deciding an application for review of the relevant director-general’s decision to refuse the approval application, the ACAT or the court—

(a)must ensure security sensitive information is not disclosed in any reasons for the decision; and

(b)must, unless the relevant director-general otherwise agrees, receive evidence and submissions in private in the absence of the public, the applicant for review, the applicant’s representative and any other interested party.

(6)In this section:

security sensitive information—see section 22I (3).

  1. Section 54

    substitute

  2. Reviewable decision notices

    (1)If a decision-maker makes a reviewable decision, the decision‑maker must give a reviewable decision notice to each person mentioned in schedule 1, column 4 in relation to the decision.

    Note 1The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

    Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

    (2)In this section:

    decision-maker, for a reviewable decision, means—

    (a)the registrar-general; or

    (b)a relevant director-general.

    relevant director-general—see section 22A.

  3. Reviewable decisions
    Schedule 1, new items 3A and 3B

    insert

3A

22C (1) (b)

refuse approval to make a change of name application in relation to a restricted person

applicant

3B

22F

refuse to register change of name in relation to a restricted person

applicant

  1. Dictionary, new definitions

    insert

    change of name application, in relation to a restricted person, for division 3.2 (Change of name—restricted people)—see section 22A.

    corresponding parole law, for division 3.2 (Change of name—restricted people)—see section 22A.

    relevant director-general, for division 3.2 (Change of name—restricted people)—see section 22A.

    restricted person, for division 3.2 (Change of name—restricted people)—see section 22A.

Part 3Corrections Management Act 2007

  1. New section 217A

    insert

217APower of court to bring detainee before it—civil proceeding

(1)For a civil proceeding, a court may order the director-general to bring a person lawfully detained in a correctional centre or other place before the court, if the person consents, and to return the person to the centre or other place in accordance with the order.

(2)In this section:

civil proceeding—see the Evidence Act 2011, dictionary.

court includes the ACAT.

Part 4Crimes (Sentence Administration) Act 2005

  1. Periodic detention—offender in custody for other reasons
    Section 57A (1)

    substitute

    (1)This section applies if an offender does not perform periodic detention for a detention period because the offender is, during the period—

    (a)remanded in custody under a territory law or a law of the Commonwealth or a State; or

    (b)detained at a place under the Mental Health (Treatment and Care) Act 1994.

  2. Community service work—failure to report etc
    Section 92 (1)

    omit

    This section

    substitute

    Subsection (2)

  3. New section 92 (3) and (4)

    insert

    (3)Subsection (4) applies if—

    (a)an offender fails to report to do community service work for a period (a work period) in accordance with a direction under section 91; and

    (b)the offender is at the time of the work period—

    (i)remanded in custody under a territory law or a law of the Commonwealth or a State; or

    (ii)detained at a place under the Mental Health (Treatment and Care) Act 1994.

    (4)The offender is taken to have performed community service work in accordance with the direction for the work period.

  4. Definitions—pt 7.6
    Section 162, definition of parole order

    omit

    corresponding parole order

    substitute

    corresponding parole law

  5. Appointment of board members
    Section 174 (8)

    substitute

    (8)For this section, a person is judicially qualified if the person has been a legal practitioner for not less than 5 years.

  6. Dictionary, note 2

    insert

    ·     legal practitioner

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 27 February 2014.

  2. Notification

    Notified under the Legislation Act on 27 March 2014.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Corrections and Sentencing Legislation Amendment Bill 2014, which was passed by the Legislative Assembly on 18 March 2014.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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