Corrections Management Amendment Act 2015 (ACT)

Corrections Management Amendment Act 2015

A2015-37

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Alcohol and drug testing of detaineesSection 134 (1)  2

5            New section 134 (6)  2

6            Interstate leave permitsNew section 208 (2A) to (2C)  3

7           Random testing of detainees—statistical purposesSection 221  3

8Children and Young People Act 2008
New section 242 (3A) to (3C)  4

Corrections Management Amendment Act 2015

A2015-37

An Act to amend the Corrections Management Act 2007, and for other purposes

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

1. Name of Act

   This Act is the Corrections Management Amendment Act 2015.

2. Commencement

   (1)Sections 6 and 8 commence on the day after this Act’s notification day.

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

   (2)The remaining provisions commence 6 weeks after this Act’s notification day.

3. Legislation amended

   This Act amends the Corrections Management Act 2007.

   NoteThis Act also amends the Children and Young People Act 2008 (see s 8).

4. Alcohol and drug testing of detainees
   Section 134 (1)

   substitute

   (1)The director-general may direct the following to provide a stated kind of test sample:

   (a)a detainee;

   (b)a number of randomly selected detainees at a correctional centre.

5. New section 134 (6)

   insert

   (6)In this section:

   randomly selected means chosen by a computer programmed to choose names randomly from the register of detainees.

6. Interstate leave permits
   New section 208 (2A) to (2C)

   insert

   (2A)For subsection (2) (c), the director-general may, before the permit ends (a current permit), decide to extend the current permit for an additional period (an extension period) if—

   (a)the date the extension period ends is within 7 days after the day the current permit ends; and

   (b)the director-general is satisfied that—

   (i)an extension of the current permit is for a purpose for which an interstate leave permit may be granted under this section; and

   (ii)appropriate measures are in place to allow the detainee to remain at a particular place in the State to which the permit applies.

   (2B)The director-general may make a decision under subsection (2A) more than once.

   NoteThe director-general may also direct a full-time detainee to be removed to a NSW correctional centre under the Crimes (Sentence Administration) Act 2005, s 26 (Full-time detention in ACT or NSW).

   (2C)If the director-general delegates the function mentioned in subsection (2A), a delegate who extends a permit that has previously been extended at least 3 times must tell the director-general about the delegate’s decision.

   NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

7. Random testing of detainees—statistical purposes
   Section 221

   omit

8. Children and Young People Act 2008
   New section 242 (3A) to (3C)

   insert

   (3A)For subsection (3) (e), the director-general may, before the permit ends (a current permit), decide to extend the current permit for an additional period (an extension period) if—

   (a)the date the extension period ends is within 7 days after the day the current permit ends; and

   (b)the director-general is satisfied that—

   (i)an extension of the current permit is for a purpose for which an interstate leave permit may be granted under this section; and

   (ii)appropriate measures are in place to allow the detainee to remain at a particular place in the State to which the permit applies.

   (3B)The director-general may make a decision under subsection (3A) more than once.

   NotePt 5.2 (Interstate transfers) deals with the transfer of a young offender from or to the ACT, or through the ACT from a State to another State.

   (3C)If the director-general delegates the function mentioned in subsection (3A), a delegate who extends a permit that has previously been extended at least 3 times must tell the director-general about the delegate’s decision.

   NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 13 August 2015.

2. Notification

   Notified under the Legislation Act on 1 October 2015.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Corrections Management Amendment Bill 2015, which was passed by the Legislative Assembly on 22 September 2015.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2015