Periodic Detention of Prisoners (Domestic Violence) Amendment Act 1982 (NSW)

PERIODIC DETENTION OF PRISONERS (DOMESTIC

VIOLENCE) AM E?^M ENT ACT, 1982, No. 117

Jteto ^outt) MaleiS

ANNO TRICESIMO PRIMO

ELIZABETH^: D REGINiE

Act No. 117, 1982.

An Act to amend the Periodic Detention of Prisoners Act, 1981, in relation to the availability of periodic detention for persons sentenced to im­ prisonment for domestic violence offences. [Assented to, 7th December, 1982.]

2  Act No. 117, 1982.

Periodic Detention of Prisoners {Domestic Violence) Amendment.

BE it enacted by the Queen's Most E,xce!ient Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Mew South Wales in Parliament assembled, and by the authority of the same, as follows; —

Short title.

1.           This Act may be cited as the “Periodic Detention of Prisoners

(Domestic Violence) Amendment Act. 1982”.

Commencement.

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence

on the day appointed and notified under section 2 (3) of the Crime:,

(Domestic Violence) Amendment Act, 1982.

Amendment of Act No. 18, 1981.

3.          The Periodic Detention of Prisoners Act, 1981, is amended by insert­

ing after section 5 the following section: —

Application of section 5 in relation to domestic violence offences.

5a . (1) In this section, “domestic violence offence" means—

(a)	a domestic violence offence as dehned in section 4 (1) of the Crimes Act. 1900; or
(b)	an offence of failing to comply with a restriction or pro­ hibition specified in an order made under section 547aa of
the Crimes Act. 1 900.

(2) Where a person is convicted of an offence and sentenced upon that conviction to imprisonment for a term of not more than 1 8 months and the court by w'hich the person is convicted is sati.sfied that the offence is a domestic violence offence (other than an offence corstituted by a negligent act or omission). th;m the power of

Act No. 117, 1982.

Periodic Detenlioii of Prisoners (Domestic Violence) Amendment.

the court under section 5 to order that the term of imprisonment to which the person is sentenced be served by way of periodic detention—

(a)	may be exercised in respect of the term of imprisonment notwithstanding that it is a term of less than 3 months; and
(b)	is not limited by section 5 (2) by reason only of the application of section 5 (2) (b) in relation to an offence—

(i)   of which the person was convicted in the 7 years immediately prior to the date on which he is so sentenced; and

(ii)   which the court is satisfied is not a domestic violence offence.