Criminal Legislation Amendment Act 2001 (NSW)

An Act to make various amendments to criminal legislation to improve the administration of the criminal law.

1Name of Act

This Act is the Criminal Legislation Amendment Act 2001.

2Commencement(1)

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

(2)

The following commence on the date of assent:

(a)
Schedule 5 [1]–[8], [13] and [14],
(b)
Schedule 10.

3Amendment of Acts

The Acts specified in Schedules 1–13 are amended as set out in those Schedules.

Schedule 1Amendment of Children (Community Service Orders) Act 1987

(Section 3)

[1]Section 3 Definitions

Insert in alphabetical order in section 3 (1):

relevant maximum period, in relation to a children’s community service order, means the period of 12 months commencing on the date on which the order was made or, if that period is extended pursuant to section 20A, that period as so extended.

required number of hours, in relation to a children’s community service order, means the number of hours of community service work that the person to whom the order relates is required by the order to perform.

[2]Section 19 Duration of children’s community service orders

Omit section 19 (b). Insert instead:

(b)

the expiration of the relevant maximum period, or

[3]Sections 20 and 20A

Omit section 20. Insert instead:

20Increase in hours of children’s community service orders(1)

The Director-General may from time to time direct that a person’s required number of hours under a children’s community service order be increased if the Director-General is of the opinion:

(a)
that the person has failed, without reasonable excuse, to comply with the order or with any requirements made by or under this Act in respect of the order, and
(b)
that the failure to comply was trivial in nature, or there are other good reasons why the failure to comply should be dealt with by increasing the person’s required number of hours.

(2)

A person’s required number of hours, as increased under this section, must not exceed the required number of hours specified in the person’s children’s community service order by more than 10 hours.

(3)

The person may apply for a review of the increase under this section to the court that made the order and, following the review, that court may confirm or revoke the direction.

20AExtension of period of children’s community service orders(1)

An application for an extension of the relevant maximum period for a children’s community service order may be made to the Director-General by:

(a)
the person in respect of whom the order was made, or
(b)
the assigned officer,

on the grounds that it would (having regard to circumstances that have arisen since the order was made) be in the interests of justice to extend that period.

(2)

Such an application may be made even if the relevant maximum period has expired.

(3)

If satisfied that the applicant has established the grounds on…

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