EXPLANATORY STATEMENT
Supervision of Offenders (Community Service Orders) Ordinance 2005 (‘the Ordinance’)
Ordinance 2005 No. 1
The purpose of the Ordinance is to amend the Supervision of Offenders (Community Service Orders) Act 1985 (ACT) in its application to the Jervis Bay Territory.
Section 4A of the Jervis Bay Territory Acceptance Act 1915 provides that, subject to that Act, the laws in force from time to time in the Australian Capital Territory are in force in the Jervis Bay Territory. Section 4C provides that a law in force in the Jervis Bay Territory because of section 4A may be amended or repealed by an Ordinance. Section 4F provides that the Governor-General may make Ordinances for the peace, order and good government of the Jervis Bay Territory.
The Supervision of Offenders (Community Service Orders) Act 1985 (ACT) provides for the appointment of community corrections officers and supervisors who have responsibilities in relation to community service orders. Under the Act, only ACT public servants may be appointed to perform these functions.
Currently, when a person receives a community service order from the Jervis Bay Territory Magistrates Court, a community corrections officer travels from Canberra to Jervis Bay to make arrangements for the sentence to be carried out. The ACT Government has indicated that, wherever practicable, it would like to withdraw from the provision of these services to the Jervis Bay Territory.
The Ordinance amends the Supervision of Offenders (Community Service Orders) Act 1985 (ACT), as it is applied to the Jervis Bay Territory, so that the Commonwealth Minister may appoint:
- a Commonwealth public servant as a community corrections officer; and
- a Commonwealth public servant or other suitable person as a supervisor.
The Ordinance facilitates the ACT Government’s request to withdraw as far as is practicable from performing functions in relation to community service orders in the Jervis Bay Territory.
The ACT Department of Justice and Community Safety was consulted during the preparation of the Ordinance and that department concurs with the Commonwealth’s approach.
The Jervis Bay Territory Acceptance Act 1915 specifies no conditions that need to be satisfied before the power to make the proposed Ordinance may be exercised.
The Ordinance is a legislative instrument for the purposes of the Legislative Instruments Act 2003. A regulatory impact statement is not required as the instrument is not likely to have either a direct, or a substantial indirect, effect on business nor is it likely to restrict competition.
The Ordinance commences on the day after it is registered under the Legislative Instruments Act 2003.
Details of the Ordinance are set out in the Attachment.
ATTACHMENT
Details of the Supervision of Offenders (Community Service Orders) Ordinance 2005
Section 1 – Name of Ordinance
This section provides that the title of the Ordinance is the Supervision of Offenders (Community Service Orders) Ordinance 2005.
Section 2 – Commencement
This section provides that the Ordinance is to commence on the day after it is registered.
Section 3 – Amendment of Supervision of Offenders (Community Service Orders) Act 1985 (ACT)
This section provides that the Supervision of Offenders (Community Service Orders) Act 1985 (ACT) (‘the SOCSO Act’) is amended by the Ordinance, in its application to the Jervis Bay Territory, as set out in Schedule 1.
Schedule 1 – Amendments
Item [1] – section 3
This item inserts definitions for APS employee and Commonwealth Minister in the SOCSO Act in its application to the Jervis Bay Territory.
Item [2] – new subsection 4(2A) after subsection 4(2)
This item inserts a new subsection 4(2A) in the SOCSO Act, in its application to the Jervis Bay Territory. The new subsection provides that the Commonwealth Minister may appoint an APS employee to perform the functions of a community corrections officer under the SOCSO Act.
Item [3] –subsection 4(3)
This item amends subsection 4(3) of the SOCSO Act, in its application to the Jervis Bay Territory. That subsection provides that a community corrections officer shall be any ACT public servant for the time being performing the duties of a public service office referred to in subsection 4(2). Subsection 4(2) provides that one or more public service offices must be created which include the performance of the functions of a community corrections officer. The amendment which is made by this item to the SOCSO Act, in its application to the Jervis Bay Territory, adds that a community corrections officer may also be any APS employee appointed under subsection 4(2A) who is for the time being performing the duties of a public service office referred to in subsection 4(2).
Item [4] –new subsection 5(2A) after subsection 5(2)
This item inserts a new subsection 5(2A) in the SOCSO Act in its application to the Jervis Bay Territory. The new subsection provides that the Commonwealth Minister may appoint an APS employee, or a person who in the Minister’s opinion has the necessary skills and experience, to perform the functions of a supervisor under the SOCSO Act.
Item [5] –subsection 5(3)
This item amends subsection 5(3) of the SOCSO Act, in its application to the Jervis Bay Territory. That subsection provides that a supervisor is any ACT public servant for the time being performing the duties of a public service office referred to in subsection 5(2). Subsection 5(2) provides that one or more public service offices must be created which include the performance of the functions of a supervisor. The amendment which is made by this item to the SOCSO Act, in its application to the Jervis Bay Territory, adds that a supervisor may also be any person appointed under subsection 5(2A) who is for the time being performing the duties of a public service office referred to in subsection 5(2).