Supervision of Offenders (Community Service Orders) Ordinance 2005 (Jervis Bay Territory)

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Legislation au F2005L04119 In force Legislative Instrument

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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  Section 4C provides that a law in force in the Jervis Bay Territory because of section 4A may be amended or repealed by an Ordinance.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). 

Overview

The Supervision of Offenders (Community Service Orders) Ordinance 2005 was enacted to amend the application of the Supervision of Offenders (Community Service Orders) Act 1985 (ACT) to the Jervis Bay Territory. This legislation was introduced to address the practical difficulties faced by the Jervis Bay Territory Magistrates Court when executing community service orders, as these orders currently require a community corrections officer from Canberra to travel to Jervis Bay. This arrangement has prompted the ACT Government to express a desire to withdraw, where practicable, from providing these services to the Jervis Bay Territory. The Ordinance facilitates this request by allowing the Commonwealth Minister to appoint Commonwealth public servants as community corrections officers and supervisors, thus enabling the ACT Government to reduce its involvement in this area. The enacting body for this Ordinance is the Parliament of Australia, which exercises its authority under Section 4F of the Jervis Bay Territory Acceptance Act 1915, allowing the Governor-General to make Ordinances for the peace, order, and good government of the Jervis Bay Territory. The policy objective of the Ordinance is to streamline the administration of community service orders in the Jervis Bay Territory, making it more efficient and reducing the need for cross-jurisdictional travel by ACT public servants. The Ordinance ensures that the necessary personnel can be appointed locally, facilitating smoother operations and better service delivery within the Territory.

Scope and Application

The Supervision of Offenders (Community Service Orders) Ordinance 2005 applies to the Jervis Bay Territory, extending the application of the Supervision of Offenders (Community Service Orders) Act 1985 (ACT) to this jurisdiction. The Ordinance facilitates the appointment of Commonwealth public servants or suitable persons, rather than only ACT public servants, as community corrections officers and supervisors for the purpose of carrying out community service orders issued by the Jervis Bay Territory Magistrates Court. This amendment allows for the Commonwealth to take over the functions previously performed by ACT public servants, thereby enabling the ACT Government to withdraw from these functions where practicable. The Ordinance does not impose any specific exclusions or thresholds, and its scope is limited to the Jervis Bay Territory. The changes made by the Ordinance are confined to the application of the Supervision of Offenders (Community Service Orders) Act 1985 (ACT) within the Jervis Bay Territory, without affecting its application elsewhere.

Key Provisions

The Supervision of Offenders (Community Service Orders) Ordinance 2005 (the "Ordinance") makes amendments to the Supervision of Offenders (Community Service Orders) Act 1985 (ACT) in its application to the Jervis Bay Territory. The primary aim of the Ordinance is to allow the appointment of Commonwealth public servants to perform certain functions under the Act, facilitating the ACT Government’s withdrawal from providing these services in the Jervis Bay Territory. Section 3 of the Ordinance amends the Supervision of Offenders (Community Service Orders) Act 1985 (ACT) as it applies to the Jervis Bay Territory by permitting the Commonwealth Minister to appoint Commonwealth public servants as community corrections officers and supervisors, in addition to the existing provision for ACT public servants to be appointed for these roles. This amendment is detailed in Schedule 1 of the Ordinance. Under the amended Act, the Commonwealth Minister now has the authority to appoint an Australian Public Service (APS) employee as a community corrections officer or a supervisor. Specifically, subsection 4(2A) allows the Commonwealth Minister to appoint an APS employee to perform the functions of a community corrections officer, while new subsection 5(2A) permits the appointment of an APS employee or other suitable person with the necessary skills and experience as a supervisor. These amendments ensure flexibility in staffing these roles while maintaining the necessary qualifications and experience. The Ordinance imposes specific obligations on the Commonwealth Minister regarding the appointment and duties of community corrections officers and supervisors. The Minister must ensure that any appointed officers and supervisors are suitably qualified and experienced for their roles. This includes verifying that APS employees appointed as community corrections officers or supervisors have the required competencies to perform their duties effectively. Additionally, the Ordinance requires that these appointments be made in accordance with the relevant provisions of the Supervision of Offenders (Community Service Orders) Act 1985 (ACT), ensuring that the appointed officers and supervisors are integrated into the existing framework for managing community service orders. The Ordinance also outlines potential consequences for non-compliance with its provisions. While the Ordinance does not explicitly detail specific offences or penalties, breaches of the amended Supervision of Offenders (Community Service Orders) Act 1985 (ACT) could result in civil or criminal liability depending on the nature of the breach. For instance, failing to properly appoint or supervise community corrections officers or supervisors could lead to legal action if such failures result in harm or non-compliance with court orders. However, the Ordinance itself does not specify maximum penalties; these would be determined by the overarching Act and applicable laws governing public service appointments and duties.

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