Territory of Christmas Island
Imprisonment and Custody of Offenders Ordinance 1998
No. 4 of 1998
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following ordinance under the Christmas Island Act 1958.
Dated 12 November 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
IAN MACDONALD
Minister for Regional Services, Territories and
Local Government
Territory of Christmas Island
Imprisonment and Custody of Offenders Ordinance 1998
No. 4 of 19981
made under the
Christmas Island Act 1958
An ordinance to authorise the making of arrangements with the relevant authorities of Western Australia for the transfer of prisoners, and for related purposes
Contents
Page
1 Name of ordinance 4
2 Commencement 4
3 Arrangements by Minister 4
4 Amendment of other laws of the Territory 4
Schedule 1 Amendments of Territory laws 5
Part 1 Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.) 5
Part 2 Amendments of Justices Act 1902 (W.A.) (C.I.) 5
Part 3 Amendment of Prisons Act 1981 (W.A.) (C.I.) 6
Part 4 Amendments of Young Offenders Act 1994 (W.A.) (C.I.) 7
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1 Name of ordinance
This ordinance is the Imprisonment and Custody of Offenders Ordinance 1998.
2 Commencement
This ordinance commences on gazettal.
3 Arrangements by Minister
For section 18 of the Christmas Island Act 1958, the Minister may make arrangements with the Government of Western Australia for:
(a) the removal from the Territory to Western Australia of persons who have been sentenced to imprisonment by a court having jurisdiction in respect of the Territory, for the purpose of serving their sentences in Western Australia; or
(b) the removal from the Territory to Western Australia of persons who have been found to be of unsound mind, for the purpose of detention and treatment in Western Australia.
4 Amendment of other laws of the Territory
Schedule 1 amends:
(a) the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.); and
(b) the Justices Act 1902 (W.A.) (C.I.); and
(c) the Prisons Act 1981 (W.A.) (C.I.); and
(d) the Young Offenders Act 1994 (W.A.) (C.I.).
Schedule 1 Amendments of Territory laws
(section 4)
Part 1 Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.)
[1] After subsection 24 (1)
insert
(1A) To avoid doubt, the authorized hospital, declared place, detention centre or prison need not be in the Territory.
Part 2 Amendments of Justices Act 1902 (W.A.) (C.I.)
[2] Section 123
omit
On committing the defendant
insert
(1) On committing the defendant
[3] Section 123
insert
(2) To avoid doubt, the place where the defendant is to be kept in custody need not be in the Territory.
[4] After subsection 159 (2)
insert
(3) To avoid doubt, the place where the defendant is to be imprisoned need not be in the Territory.
Part 3 Amendment of Prisons Act 1981 (W.A.) (C.I.)
[5] Section 33
substitute
33 Provision of fare home on release
(1) When a prisoner is released from prison, the chief executive officer may give him or her the means of returning to his or her home or usual place of residence in the Territory by causing his fare to be paid, or by providing transport.
(2) However, subsection (1) does not entitle a person who was a prisoner outside the Territory to be given the means to return to the Territory if, after release, he or she became ordinarily resident outside the Territory.
Part 4 Amendments of Young Offenders Act 1994 (W.A.) (C.I.)
[6] Paragraph 118 (1) (a)
substitute
(a) impose a term of imprisonment under Part 13 of the Sentencing Act 1995 (W.A.) (C.I.); or
[7] Subsection 118 (3)
omit
Note
1. Made by the Governor-General on 12 November 1998, and notified in the Commonwealth of Australia Gazette on 13 November 1998. Administered by the Minister for Regional Services, Territories and Local Government.
Overview
The Imprisonment and Custody of Offenders Ordinance 1998 was enacted to address the logistical and custodial challenges posed by the imprisonment of offenders on Christmas Island. This legislation, promulgated by the Governor-General under the authority of the Christmas Island Act 1958, facilitates the transfer of prisoners from Christmas Island to Western Australia, where they can serve their sentences or receive necessary mental health treatment. The primary objective of this ordinance is to streamline the process of relocating offenders to a jurisdiction better equipped to handle their specific needs, whether it be through imprisonment or mental health care facilities. By authorising the Minister to make arrangements with the Government of Western Australia, the ordinance seeks to ensure that offenders receive appropriate care and custody, thereby enhancing the administration of justice on Christmas Island.
Scope and Application
The Imprisonment and Custody of Offenders Ordinance 1998 applies to the Territory of Christmas Island and encompasses provisions for the transfer of prisoners to Western Australia for the purposes of serving their sentences or for detention and treatment due to mental health issues. This ordinance authorises the Minister to make arrangements with the relevant authorities of Western Australia, thus extending the jurisdictional reach beyond the Territory of Christmas Island. It is pertinent to note that the ordinance applies to any person who has been sentenced to imprisonment by a court having jurisdiction in respect of the Territory, or found to be of unsound mind. The ordinance also amends existing laws within the Territory, including the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.I.), the Justices Act 1902 (W.A.) (C.I.), the Prisons Act 1981 (W.A.) (C.I.), and the Young Offenders Act 1994 (W.A.) (C.I.), to facilitate the implementation of these arrangements. There are no explicit exclusions or exemptions stated within the primary text of the ordinance, though certain conditions apply, such as the restriction on providing means of return to the Territory for prisoners who become ordinarily resident outside the Territory after their release.
Key Provisions
The Imprisonment and Custody of Offenders Ordinance 1998 (section 3) enables the Minister for Regional Services, Territories and Local Government to make arrangements with the Government of Western Australia for the transfer of prisoners. Specifically, these arrangements can be for the removal of individuals who have been sentenced to imprisonment in the Territory to Western Australia for the purpose of serving their sentences (section 3(a)) or for the removal of individuals found to be of unsound mind to Western Australia for detention and treatment (section 3(b)). These provisions facilitate the management of offenders and mentally impaired individuals by allowing their transfer to Western Australia, where appropriate facilities and resources are available.
The Act imposes obligations on the Minister to establish and maintain these arrangements with Western Australia. This includes ensuring that the necessary logistical and administrative processes are in place to facilitate the transfer of prisoners and individuals requiring mental health treatment. The Minister must also ensure compliance with the relevant Western Australian laws that are amended by the Schedule of the ordinance (section 4). This may involve coordinating with Western Australian authorities to align procedures and ensure that all transfers are conducted in a lawful and orderly manner.
Breaches of the provisions in the Imprisonment and Custody of Offenders Ordinance 1998 may result in various legal consequences, though the specific offences and penalties are not detailed within the ordinance itself. The general legal framework of the Territory of Christmas Island would apply, which may include fines and imprisonment for breaches of the ordinance. However, the maximum penalties are not specified in the ordinance. Parties involved in the transfer of prisoners or the custody of offenders must adhere to the conditions set forth in the ordinance to avoid potential legal repercussions.