Corrective Services Amendment Act (No. 2) Act 2001 (Qld)

Queensland CORRECTIVE SERVICES AMENDMENT ACT (No. 2) 2001 Act No. 74 of 2001

Queensland CORRECTIVE SERVICES AMENDMENT ACT (No. 2) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 94 (Other offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new ss 268A and 268B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 268A All release to be dealt with under this Act . . . . . . . . . . . . . . . . . . . . . 4 268B Further provisions about transitional release circumstances . . . . . . . 6 6 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Queensland Corrective Services Amendment Act (No. 2) 2001 Act No. 74 of 2001 An Act to amend the Corrective Services Act 2000 [Assented to 13 November 2001]

s1 4 s5 Corrective Services Amendment Act (No. 2) 2001 No. 74, 2001 The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Corrective Services Amendment Act (No. 2) 2001 . 2 Commencement Section 5, to the extent it inserts new section 268A, is taken to have commenced on 1 July 2001. 3 Act amended This Act amends the Corrective Services Act 2000. 4 Amendment of s 94 (Other offences) Section 94— insert— ‘(j) without reasonable excuse, be unlawfully at large.’. 5 Insertion of new ss 268A and 268B After section 268— insert— ‘268A All release to be dealt with under this Act ‘ (1) This section applies to a prisoner sentenced for an offence committed before 1 July 2001, whether or not the prisoner was sentenced for the offence before 1 July 2001. ‘ (2) On and from 1 July 2001— (a) chapters 2 and 5 are the only provisions under which the prisoner may be released before the end of the period of imprisonment to which the prisoner was sentenced; and

s5 5 s5 Corrective Services Amendment Act (No. 2) 2001 No. 74, 2001 (b) the only requirements for the granting of the release are the requirements that apply under this Act. ‘ (3) If, before 1 July 2001, the prisoner had any expectation to be able, after 1 July 2001, to be released before, or to be considered for a release taking effect before, the end of the period of imprisonment to which the prisoner was sentenced, the expectation is extinguished to the extent that the release is not provided for under subsection (2). Examples of operation of subsections (2) and (3) — 1. Suppose before 1 July 2001 a prisoner had an expectation to be released on home detention on 1 August 2001 under section 86 of the repealed Corrective ServicesAct 1988 . However, by applying subsection (2), the prisoner could only expect to be released under chapter 5 1 on 1 December 2001, having regard to the requirements of section 135(2). 2 Subsection (3) extinguishes the prisoner’s expectation to be released on 1 August 2001 without affecting any expectation the prisoner may have to be released on 1 December 2001 under chapter 5. 2. Suppose before 1 July 2001 a prisoner had an expectation to be considered for release on home detention under section 86 of the repealed Corrective Services Act1988 , the release to take effect on 1 August 2001. However, by applying subsection (2), the prisoner could only expect to be considered for release under chapter 5, with, having regard to the requirements of section 135(2), the release to take effect on 1 December 2001. Subsection (3) extinguishes the prisoner’s expectation to be considered for release to take effect on 1 August 2001 without affecting any expectation the prisoner may have to be considered for release under chapter 5, with the release to take effect on 1 December 2001. ‘ (4) Subsections (2) and (3) apply in relation to an application made by the prisoner and dealt with on or after 1 July 2001 even if the application was made before 1 July 2001. ‘ (5) If a form of release for which the prisoner made an application before 1 July 2001 corresponds to a form of release that, after 1 July 2001, is available under chapter 5, the application must be dealt with, to the greatest practicable extent, as an application for the form of release under chapter 5, but this subsection does not authorise release before a date prescribed by section 135. ‘ (6) This section prevails to the extent it is inconsistent with section 268 or 273. ‘ (7) In this section— “expectation” includes right, privilege, entitlement and eligibility. 1 Chapter 5 (Post-prison community based release) 2 Section 135 (When order starts)

s5 6 s5 Corrective Services Amendment Act (No. 2) 2001 No. 74, 2001 ‘268B Further provisions about transitional release circumstances ‘ (1) Section 268A has no effect in relation to— (a) a post-prison community based release order granted on or after 1 July 2001 but before 30 October 2001 on the basis of an application made before 1 July 2001 for a form of release that corresponds to a form of release available under chapter 5; or (b) a decision made by a court before 30 October 2001 upholding, in action brought by a particular prisoner, that prisoner’s expectation to be released, or to be considered for release; or (c) the terms of a release instrument made before 1 July 2001, or any decision relating to the making of the release instrument, giving a prisoner an expectation to be further released after, or to be considered for a further release taking effect after, 1 July 2001. Example for subsection (1)(c) — Suppose on 1 June 2001 a prisoner was released on leave of absence to engage in employment (commonly known as ‘leave of absence (release to work)’). The terms of the release instrument included a statement that the prisoner would be considered for release on home detention after the prisoner had successfully completed 3 months release to work. Section 268A has no effect on the statement’s operation. ‘ (2) For giving effect to terms mentioned in subsection (1)(c), a prisoner may be released at any time the prisoner may have been released under the terms if the repealed Corrective Services Act 1988 had not been repealed. ‘ (3) Subject to subsections (1) and (2) and without limiting section 268A, any requirement that may have existed after the repeal of the repealed CorrectiveServices Act1988 and before the commencement of this section that a person be dealt with in a way inconsistent with section 135(2) is extinguished. ‘ (4) Section 268A and subsection (3) prevail to the extent they are inconsistent with the Acts Interpretation Act 1954, sections 20 and 20C(3), 3 the Criminal Code, section 11(2), 4 the Penalties and Sentences Act 1992, section 180(1) 5 or any other law of similar effect. ‘ (5) In this section— 3 Acts Interpretation Act 1954 , section 20 (Saving of operation of repealed Act etc.) and 20C (Creation of offences and changes in penalties) 4 Criminal Code, section 11 (Effect of changes in law) 5 Penalties and Sentences Act 1992 , section 180 (Effect of alterations in sentences)

s6 7 s6 Corrective Services Amendment Act (No. 2) 2001 No. 74, 2001 “expectation” includes right, privilege, entitlement and eligibility. “release instrument” means an instrument under which a prisoner was released.’. 6 Amendment of sch 3 (Dictionary) Schedule 3, definition “unlawfully at large” , after ‘cancelled’— insert— ‘or, other than for a conditional release order, parole order or exceptional circumstances parole order, has expired or is otherwise no longer in force’. © State of Queensland 2001