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CORRECTIVE SERVICES AND OTHER LEGISLATION AMENDMENT BILL (NO. 2) 2008

          Queensland



Corrective Services and Other
Legislation Amendment Bill
(No. 2) 2008

 


 

 

Queensland Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Corrective Services Act 2006 3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 7 (When a person is taken to be in the chief executive's custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 15 (Notice of decision about prisoner's security classification following review) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Insertion of new ch 2, pt 2, div 1A hdg and s 27A . . . . . . . . . . . . 7 Division 1A Carrying on business or dealing in artwork 27A Definitions for div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Insertion of new ss 28A-28H . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 28A Restriction on prisoner dealing with prisoner's artwork .............................. 7 28B Giving prisoner's artwork to a person as a gift . . . . . . 8 28C Giving prisoner's artwork to a person to hold on the prisoner's behalf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 28D Giving prisoner's artwork to the State for disposal as agreed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 28E No consideration to be paid for holding prisoner's artwork under s 28C . . . . . . . . . . . . . . . . . . . . . . . . . . 9 28F Person holding prisoner's artwork for prisoner . . . . . . 9 28G Prisoner and not the State has responsibility for collecting artwork held on behalf of the prisoner . . . . 10 28H Limited liability of persons holding artwork on behalf of prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Amendment of s 53 (Safety order) . . . . . . . . . . . . . . . . . . . . . . . . 11

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Contents 9 Amendment of s 69 (Transfer to court) . . . . . . . . . . . . . . . . . . . . . 12 10 Amendment of s 72 (Power to grant leave) . . . . . . . . . . . . . . . . . 12 11 Omission of s 74 and ch 2, pt 2, div 8, sdiv 2. . . . . . . . . . . . . . . . 12 12 Amendment of s 85 (Suspending or cancelling order for leave of absence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Omission of s 86 (Notice to Queensland board about suspension of order for resettlement leave) . . . . . . . . . . . . . . . . . 13 14 Insertion of new ch 2, pt 2, div 9A . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 9A Approvals for Mutual Assistance in Criminal Matters Act 1987 (Cwlth) 96A Mutual assistance approval . . . . . . . . . . . . . . . . . . . . 13 96B Giving prisoner notice of approval and conditions . . . 14 96C Complying with conditions of approval . . . . . . . . . . . . 15 96D Time spent while released under mutual assistance approval is part of period of imprisonment . . . . . . . . . 15 15 Amendment of s 155 (Access approval required for visitor other than accredited visitor or staff member) . . . . . . . . . . . . . . . . . . . . 15 16 Amendment of s 156 (Deciding application for access approval). 16 17 Insertion of new ss 156A and 156B . . . . . . . . . . . . . . . . . . . . . . . 16 156A Interim access approval for personal visitor . . . . . . . . 16 156B Urgent access approval for commercial visitor . . . . . . 17 18 Amendment of s 157 (Suspending access approval) . . . . . . . . . . 18 19 Insertion of new s 157A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 157A Amending or revoking access approval . . . . . . . . . . . 19 20 Amendment of s 160 (Identification of visitor) . . . . . . . . . . . . . . . 19 21 Amendment of s 161 (Visitor may be directed to leave corrective services facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Amendment of s 162 (Proof of identity) . . . . . . . . . . . . . . . . . . . . 20 23 Amendment of s 180 (Applying for parole order etc.). . . . . . . . . . 20 24 Insertion of new s 185A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 185A Parole eligibility date for particular prisoners granted emergency circumstances parole. . . . . . . . . . . . . . . . 20 25 Amendment of s 193 (Decision of parole board) . . . . . . . . . . . . . 21 26 Amendment of s 199 (Court ordered parole order) . . . . . . . . . . . 22 27 Amendment of s 205 (Amendment, suspension or cancellation) . 22 28 Amendment of s 208 (Reconsidering decision to suspend or cancel parole order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 29 Amendment of s 209 (Automatic cancellation of order by further imprisonment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Page 2

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Contents 30 Amendment of s 217 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 23 31 Amendment of s 219 (Disqualification from membership) . . . . . . 23 32 Amendment of s 233 (Disqualification from membership) . . . . . . 23 33 Amendment of s 292 (Official visitor reports) . . . . . . . . . . . . . . . . 24 34 Amendment of s 311 (Prisoners trust fund) . . . . . . . . . . . . . . . . . 24 35 Insertion of new s 311A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 311A Dealing with amounts received for prisoners in particular cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 36 Amendment of s 320 (Eligible persons register). . . . . . . . . . . . . . 25 37 Amendment of s 324 (Removing details from eligible persons register) .......................................... 26 38 Amendment of s 350 (Proceedings for offences) . . . . . . . . . . . . . 26 39 Insertion of new ch 7A, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 4 Transitional provisions for Corrective Services and Other Legislation Amendment Act (No. 2) 2008 480 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 481 Existing order for reintegration leave . . . . . . . . . . . . . 27 482 Existing order for resettlement leave . . . . . . . . . . . . . 28 483 Existing approved resettlement leave programs. . . . . 28 484 Existing applications for approval of resettlement leave programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 485 Previous expectations of prisoner about reintegration leave or resettlement leave. . . . . . . . . . . . . . . . . . . . . 29 486 Application of ss 185A and 199(5) . . . . . . . . . . . . . . . 29 487 Application of previous s 193(5) . . . . . . . . . . . . . . . . . 30 488 Declarations for s 209. . . . . . . . . . . . . . . . . . . . . . . . . 30 489 Application of s 245 . . . . . . . . . . . . . . . . . . . . . . . . . . 31 490 Declarations for ss 311 and 311A . . . . . . . . . . . . . . . 32 40 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 32 Part 3 Amendment of Penalties and Sentences Act 1992 41 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 42 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 33 43 Amendment of s 174 (Resettlement leave and parole for offenders) ...................................... 34 Part 4 Repeal of Sporting Bodies' Property Holding Act 1975 44 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Schedule Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Page 3

 


 

 

2008 A Bill for An Act to amend the Corrective Services Act 2006 and the Penalties and Sentences Act 1992 for particular purposes, and to repeal the Sporting Bodies' Property Holding Act 1975

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Corrective Services and Other 4 Legislation Amendment Act (No. 2) 2008. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Corrective 8 Services Act 2006 9 Clause 3 Act amended in pt 2 and schedule 10 This part and the schedule amend the Corrective Services Act 11 2006. 12 Clause 4 Amendment of s 7 (When a person is taken to be in the 13 chief executive's custody) 14 Section 7(4), before examples-- 15 insert-- 16 `Example of when a person is lawfully in another person's custody-- 17 while the person is in the custody of a police or prison officer as 18 mentioned in the Mutual Assistance in Criminal Matters Act 1987 19 (Cwlth), section 26'. 20 Page 6

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 5] Clause 5 Amendment of s 15 (Notice of decision about prisoner's 1 security classification following review) 2 Section 15-- 3 insert-- 4 `(3) The Acts Interpretation Act 1954, section 27B does not apply 5 to an information notice given under this section.'. 6 Clause 6 Insertion of new ch 2, pt 2, div 1A hdg and s 27A 7 Before section 28-- 8 insert-- 9 `Division 1A Carrying on business or dealing in 10 artwork 11 `27A Definitions for div 1A 12 `In this division-- 13 possession, of a prisoner's artwork, means-- 14 (a) custody or control of it; or 15 (b) the ability or right to obtain custody or control of it. 16 prisoner's artwork means any visual art, performing art or 17 literature made or produced by a prisoner while the prisoner is 18 in a corrective services facility.'. 19 Clause 7 Insertion of new ss 28A-28H 20 Chapter 2, part 2, division 1A, after section 28-- 21 insert-- 22 `28A Restriction on prisoner dealing with prisoner's 23 artwork 24 `(1) While a prisoner is in a corrective services facility, the 25 prisoner must not sell, give, give possession of, or otherwise 26 dispose of the prisoner's artwork, unless allowed to do so 27 under section 28B, 28C or 28D. 28 Page 7

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 7] Maximum penalty--40 penalty units. 1 `(2) Subsection (1) does not prevent a prisoner abandoning or 2 destroying the artwork. 3 `28B Giving prisoner's artwork to a person as a gift 4 `(1) A prisoner may-- 5 (a) with the chief executive's written approval, give a 6 particular item of the prisoner's artwork to a person as a 7 gift; or 8 (b) donate 1 or more items of the prisoner's artwork to the 9 State. 10 `(2) For deciding whether to give an approval under subsection 11 (1)(a), the chief executive must consider all of the following-- 12 (a) the chief executive's estimated value of the artwork; 13 (b) the person to whom the artwork is proposed to be given; 14 (c) the prisoner's stated purpose for making the gift; 15 (d) the number of previous gifts of artwork made by the 16 prisoner, whether or not to the same person; 17 (e) any other matter the chief executive considers relevant. 18 `28C Giving prisoner's artwork to a person to hold on the 19 prisoner's behalf 20 `(1) A prisoner may, with the chief executive's written approval, 21 give the prisoner's artwork to a person other than the State to 22 hold on the prisoner's behalf. 23 `(2) Also, a prisoner may, if the chief executive agrees, give the 24 prisoner's artwork to the State to hold on the prisoner's behalf. 25 Page 8

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 7] `28D Giving prisoner's artwork to the State for disposal 1 as agreed 2 `The prisoner may give the prisoner's artwork to the State for 3 the purpose of the State's disposing of the artwork as agreed 4 with the prisoner. 5 `28E No consideration to be paid for holding prisoner's 6 artwork under s 28C 7 `The prisoner must not ask for, or accept, consideration for-- 8 (a) giving the artwork to a person to hold under section 9 28C; or 10 (b) delivering the artwork to a person to hold under section 11 28C. 12 Maximum penalty--40 penalty units. 13 `28F Person holding prisoner's artwork for prisoner 14 `(1) A person, other than the State, holding prisoner's artwork on 15 behalf of a prisoner must not sell, give, give possession of, or 16 otherwise dispose of the prisoner's artwork, unless allowed to 17 do so under subsection (2), (3) or (4). 18 Maximum penalty--40 penalty units. 19 `(2) The person may give the artwork-- 20 (a) to the prisoner, if the prisoner is discharged or released 21 from custody; or 22 (b) to someone else to hold on the prisoner's behalf, if the 23 prisoner consents. 24 `(3) If the person tells the prisoner that the person no longer 25 wishes to hold the artwork on behalf of the prisoner-- 26 (a) the person may give the artwork-- 27 (i) to another person authorised by the prisoner to 28 hold the artwork on the prisoner's behalf; or 29 Page 9

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 7] (ii) to a person authorised by the prisoner to collect the 1 artwork for delivery to another person to hold on 2 the prisoner's behalf; or 3 (b) if-- 4 (i) the prisoner has not been discharged or released 5 from custody; and 6 (ii) the person has not received authority from the 7 prisoner to deal with the artwork under paragraph 8 (a) within 1 month after telling the prisoner the 9 person no longer wishes to hold the artwork on 10 behalf of the prisoner; 11 the person may give the artwork to the chief executive. 12 `(4) The person may dispose of the artwork if all of the following 13 apply-- 14 (a) the prisoner is discharged or released from custody; 15 (b) the recipient makes reasonable efforts to locate the 16 prisoner and ask the prisoner to collect, or arrange for 17 the collection of, the artwork; 18 (c) the artwork is not collected by or for the prisoner within 19 6 months after the prisoner's discharge or release. 20 `(5) The person must not ask for, or accept, consideration for-- 21 (a) giving the artwork to someone else to hold on the 22 prisoner's behalf; or 23 (b) giving the artwork to a person for delivery to another 24 person to hold on the prisoner's behalf. 25 Maximum penalty for subsection (5)--40 penalty units. 26 `28G Prisoner and not the State has responsibility for 27 collecting artwork held on behalf of the prisoner 28 `(1) The prisoner, and not the State, is responsible for collecting, 29 or arranging for the collection of, the artwork from a person 30 holding the artwork on the prisoner's behalf if-- 31 (a) the prisoner is discharged or released from custody; or 32 Page 10

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 8] (b) the person tells the prisoner that the person no longer 1 wishes to hold the artwork on the prisoner's behalf. 2 `(2) If the chief executive incurs expense in dealing with the 3 artwork under section 28F(3)(b), the chief executive may 4 recover the expense from the prisoner. 5 `28H Limited liability of persons holding artwork on behalf 6 of prisoner 7 `(1) If the prisoner gives the artwork to a person under section 8 28C, the person is not liable for-- 9 (a) loss of the artwork; or 10 (b) damage to the artwork, other than deliberate damage to 11 it by the person. 12 `(2) If the prisoner gives the artwork to the State under section 13 28D, the State is not liable for loss of, or damage to, the 14 artwork while it is in the State's possession.'. 15 Clause 8 Amendment of s 53 (Safety order) 16 (1) Section 53(4) to (6)-- 17 renumber as section 53(6) to (8). 18 (2) Section 53-- 19 insert-- 20 `(4) The chief executive may limit the privileges of a prisoner 21 during the period of the safety order if the chief executive 22 reasonably believes that during the period-- 23 (a) it will not be practicable for the prisoner to receive 24 privileges to the extent the prisoner would otherwise 25 have received them; or 26 (b) having regard to the purpose of the safety order, it is not 27 desirable that the prisoner receive privileges to the 28 extent the prisoner would otherwise have received them. 29 Page 11

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 9] `(5) Without limiting subsection (3), the safety order must also 1 state the extent to which, as decided by the chief executive, 2 the prisoner may receive privileges during the period of the 3 safety order.'. 4 Clause 9 Amendment of s 69 (Transfer to court) 5 Section 69(4), definition attendance authority-- 6 insert-- 7 `(c) a law list published by a court; or 8 (d) a notice from a court to the chief executive advising that 9 the prisoner is required to be present in the court for a 10 particular matter.'. 11 Clause 10 Amendment of s 72 (Power to grant leave) 12 (1) Section 72(1)(e) and (f)-- 13 omit. 14 (2) Section 72(1)(g)-- 15 renumber as section 72(1)(e). 16 (3) Section 72(3), from `For' to `leave, the'-- 17 omit, insert-- 18 `The'. 19 (4) Section 72(4), `sections 73, 74'-- 20 omit, insert-- 21 `section 73'. 22 Clause 11 Omission of s 74 and ch 2, pt 2, div 8, sdiv 2 23 Section 74 and chapter 2, part 2, division 8, subdivision 2-- 24 omit. 25 Page 12

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 12] Clause 12 Amendment of s 85 (Suspending or cancelling order for 1 leave of absence) 2 (1) Section 85(2)-- 3 omit. 4 (2) Section 85(3)-- 5 renumber as section 85(2). 6 Clause 13 Omission of s 86 (Notice to Queensland board about 7 suspension of order for resettlement leave) 8 Section 86-- 9 omit. 10 Clause 14 Insertion of new ch 2, pt 2, div 9A 11 After section 96-- 12 insert-- 13 `Division 9A Approvals for Mutual Assistance in 14 Criminal Matters Act 1987 (Cwlth) 15 `96A Mutual assistance approval 16 `(1) At the request of the Commonwealth Attorney-General, the 17 relevant entity may, by order in writing-- 18 (a) give approval (mutual assistance approval) for a 19 prisoner to travel to a foreign country-- 20 (i) for the purpose of giving evidence at a proceeding 21 relating to a criminal matter, as mentioned in the 22 Commonwealth Act, section 26; or 23 (ii) for the purpose of giving assistance in relation to 24 an investigation relating to a criminal matter, as 25 mentioned in the Commonwealth Act, section 27; 26 and 27 Page 13

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 14] (b) give the directions and impose the conditions that the 1 relevant entity considers are necessary for the release of 2 the prisoner under the approval. 3 `(2) While a mutual assistance approval is in force, the prisoner to 4 whom the approval relates-- 5 (a) is authorised to be absent from custody (other than 6 custody referred to in the Commonwealth Act, section 7 26(1)(e)(iii) or 27(1)(e)(iii)) in relation to any period 8 during which the prisoner would, if the approval were 9 not in force, be required to be in custody; and 10 (b) is exempt from any other requirements imposed under 11 this or any other Act that would, if the approval were not 12 in force, prevent the prisoner from travelling to the 13 foreign country for the purpose stated in the 14 Commonwealth Attorney-General's request. 15 `(3) In this section-- 16 Commonwealth Act means the Mutual Assistance in Criminal 17 Matters Act 1987 (Cwlth). 18 relevant entity means-- 19 (a) in relation to a prisoner who is released on parole--the 20 Queensland board; or 21 (b) otherwise--the chief executive. 22 `96B Giving prisoner notice of approval and conditions 23 `On the giving of a mutual assistance approval, the entity that 24 gave the approval must give the prisoner to whom it relates 25 written notice of-- 26 (a) the approval; and 27 (b) any conditions relating to the approval and imposed on 28 the prisoner under section 96A(1)(b). 29 Page 14

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 15] `96C Complying with conditions of approval 1 `A prisoner who is given notice, under section 96B, of a 2 mutual assistance approval and conditions imposed on the 3 prisoner must comply with the conditions. 4 Maximum penalty--6 months imprisonment. 5 `96D Time spent while released under mutual assistance 6 approval is part of period of imprisonment 7 `The time spent by a prisoner while released under a mutual 8 assistance approval counts as time served under the prisoner's 9 period of imprisonment.'. 10 Clause 15 Amendment of s 155 (Access approval required for visitor 11 other than accredited visitor or staff member) 12 (1) Section 155(1), `an accredited visitor or staff member'-- 13 omit, insert-- 14 `a prescribed person'. 15 (2) Section 155-- 16 insert-- 17 `(3) In this section-- 18 prescribed person means-- 19 (a) an accredited visitor; or 20 (b) a casual site visitor as defined under section 165; or 21 (c) an emergency services officer; or 22 (d) an employee of the department in which the Child 23 Protection Act 1999 is administered; or 24 (e) an officer or employee of a law enforcement agency; or 25 (f) a staff member.'. 26 Page 15

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 16] Clause 16 Amendment of s 156 (Deciding application for access 1 approval) 2 (1) Section 156(3)-- 3 omit, insert-- 4 `(3) Subsection (2) does not apply to an Australian legal 5 practitioner as defined under the Legal Profession Act 2007, 6 section 6.'. 7 (2) Section 156(7) to (9)-- 8 renumber as section 156(9) to (11). 9 (3) Section 156-- 10 insert-- 11 `(7) Also, if the chief executive refuses to grant an access approval 12 for a visitor, the chief executive may order that the visitor can 13 not make a further application for an access approval until the 14 end of a stated period, of not more than 1 year, after the 15 refusal. 16 `(8) In deciding whether to make an order under subsection (7), 17 the chief executive must consider-- 18 (a) the effect of the proposed order on a child for whom 19 approval has been given to accompany the visitor to visit 20 the prisoner; and 21 (b) whether the child may, unaccompanied by an adult, visit 22 the prisoner.'. 23 Clause 17 Insertion of new ss 156A and 156B 24 After section 156-- 25 insert-- 26 `156A Interim access approval for personal visitor 27 `(1) This section applies if-- 28 (a) a personal visitor of a prisoner applies for an access 29 approval for a corrective services facility under section 30 155; and 31 Page 16

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 17] (b) the chief executive has not decided the application under 1 section 156. 2 `(2) The chief executive may grant the personal visitor approval to 3 access the corrective services facility on an interim basis 4 (interim access approval) until the chief executive has 5 decided the application under section 156, if the chief 6 executive is satisfied it is appropriate in the circumstances. 7 `(3) A personal visit under the interim access approval must be a 8 non-contact visit, unless it is impracticable having regard to 9 the facilities at the corrective services facility. 10 `(4) The chief executive may impose conditions on the interim 11 access approval. 12 `(5) The interim access approval has effect until the chief 13 executive decides the application under section 156. 14 `(6) While the interim access approval has effect, it is taken to be 15 an access approval. 16 `156B Urgent access approval for commercial visitor 17 `(1) This section applies if-- 18 (a) work by a tradesperson or technician (a relevant 19 commercial visitor) is required to be carried out 20 urgently at a corrective services facility; and 21 (b) a relevant commercial visitor who has been granted an 22 access approval for the corrective services facility is not 23 available to carry out the work; and 24 (c) a relevant commercial visitor applies for an access 25 approval for the corrective services facility under 26 section 155 for the purpose of carrying out the work. 27 `(2) If the chief executive is satisfied the relevant commercial 28 visitor mentioned in subsection (1)(c) does not pose an 29 immediate risk to the security or good order of the corrective 30 services facility, the chief executive may grant the relevant 31 commercial visitor approval to access the facility for carrying 32 out the work (urgent access approval). 33 Page 17

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 18] `(3) In deciding whether the relevant commercial visitor poses an 1 immediate risk to the security or good order of the corrective 2 services facility, the chief executive need not consider the 3 matters mentioned in section 156(2). 4 `(4) The chief executive may impose conditions on the urgent 5 access approval. 6 `(5) The urgent access approval has effect for only a single visit to 7 the corrective services facility. 8 `(6) While the urgent access approval has effect, it is taken to be an 9 access approval.'. 10 Clause 18 Amendment of s 157 (Suspending access approval) 11 (1) Section 157-- 12 insert-- 13 `(1A) Also, the chief executive may suspend a visitor's access 14 approval for a corrective services facility if the chief executive 15 reasonably believes the suspension is necessary to preserve 16 the security or good order of the corrective services facility.'. 17 (2) Section 157(2)(a)-- 18 omit, insert-- 19 `(a) if paragraph (b) does not apply--for a period of up to 1 20 year; or'. 21 (3) Section 157(4), `the maximum period allowed under 22 subsection (2)'-- 23 omit, insert-- 24 `1 year under subsection (2)(a)'. 25 Clause 19 Insertion of new s 157A 26 After section 157-- 27 insert-- 28 Page 18

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 20] `157A Amending or revoking access approval 1 `(1) The chief executive may amend or revoke a visitor's access 2 approval for a corrective services facility if the chief executive 3 is satisfied that, because of a change in the visitor's 4 circumstances, the visitor poses a risk to the security or good 5 order of the corrective services facility. 6 `(2) In deciding whether to amend or revoke the access approval, 7 the chief executive must consider-- 8 (a) the effect of the proposed amendment or revocation on a 9 child for whom approval has been given to accompany 10 the visitor to visit the prisoner; and 11 (b) whether the child may, unaccompanied by an adult, visit 12 the prisoner. 13 `(3) If the chief executive revokes the access approval, the chief 14 executive must ensure a written record is made stating the 15 reasons for the decision. 16 `(4) If the chief executive amends or revokes the access approval, 17 the visitor may, in writing, ask the chief executive to 18 reconsider the decision. 19 `(5) The chief executive must reconsider the decision and may 20 confirm or cancel the decision. 21 `(6) The chief executive must advise the visitor of the reconsidered 22 decision. 23 `(7) In this section-- 24 amend, a visitor's access approval, means amend a condition 25 of the access approval or impose a condition on it.'. 26 Clause 20 Amendment of s 160 (Identification of visitor) 27 (1) Section 160(2) to (4)-- 28 renumber as section 160(3) to (5). 29 (2) Section 160-- 30 insert-- 31 Page 19

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 21] `(2) Without limiting subsection (1), if the visitor is an adult and 1 the corrective services facility has a biometric identification 2 system installed, the visitor must submit to the biometric 3 identification procedures for the facility.'. 4 Clause 21 Amendment of s 161 (Visitor may be directed to leave 5 corrective services facility) 6 Section 161(1)(b)-- 7 omit, insert-- 8 `(b) section 160(2), (3) or (4), or 163(2).'. 9 Clause 22 Amendment of s 162 (Proof of identity) 10 Section 162(1), `offers'-- 11 omit, insert-- 12 `gives'. 13 Clause 23 Amendment of s 180 (Applying for parole order etc.) 14 Section 180(2)(c), `120'-- 15 omit, insert-- 16 `180'. 17 Clause 24 Insertion of new s 185A 18 Chapter 5, part 1, division 1-- 19 insert-- 20 `185A Parole eligibility date for particular prisoners granted 21 emergency circumstances parole 22 `(1) This section applies to a prisoner if-- 23 (a) whether before or after the commencement of this 24 section (the commencement), a date for the prisoner's 25 release on parole in relation to the prisoner's period of 26 imprisonment (the parole release date) was or is fixed 27 Page 20

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 25] under the Penalties and Sentences Act 1992, section 1 160B(3); and 2 (b) on or after the commencement but before the parole 3 release date, the prisoner is granted exceptional 4 circumstances parole in relation to the same period of 5 imprisonment. 6 `(2) For this Act, the prisoner's parole release date becomes the 7 prisoner's parole eligibility date in relation to the same period 8 of imprisonment. 9 `(3) Any entitlement or expectation the prisoner had to be released 10 on parole on the parole release date under a court ordered 11 parole order is extinguished. 12 `(4) This section does not affect the fact that a parole release date 13 was fixed for the prisoner's period of imprisonment for the 14 purposes of the Penalties and Sentences Act 1992.'. 15 Clause 25 Amendment of s 193 (Decision of parole board) 16 (1) Section 193(5)-- 17 omit. 18 (2) Section 193(3) and (4)-- 19 renumber as section 193(4) and (5). 20 (3) Section 193(2), after `However,'-- 21 insert-- 22 `subject to subsection (3),'. 23 (4) Section 193-- 24 insert-- 25 `(3) The parole board must decide the application within the 26 following period after receiving the application-- 27 (a) for a decision deferred under subsection (2)--210 days; 28 (b) otherwise--180 days.'. 29 Page 21

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 26] Clause 26 Amendment of s 199 (Court ordered parole order) 1 Section 199-- 2 insert-- 3 `(5) Subsection (1) does not apply in relation to a prisoner to 4 whom section 185A applies.'. 5 Clause 27 Amendment of s 205 (Amendment, suspension or 6 cancellation) 7 (1) Section 205(1)(b)-- 8 renumber as section 205(1)(c). 9 (2) Section 205(1)-- 10 insert-- 11 `(b) by inserting a condition mentioned in section 200(2) if 12 the board reasonably believes the condition is necessary 13 for a purpose mentioned in the subsection; or'. 14 Clause 28 Amendment of s 208 (Reconsidering decision to suspend 15 or cancel parole order) 16 (1) Section 208(2)-- 17 omit, insert-- 18 `(2) The parole board must consider all properly made 19 submissions and inform the prisoner, by written notice, 20 whether the board has changed its decision and, if so, how.'. 21 (2) Section 208(4)-- 22 insert-- 23 `properly made submissions means written submissions given 24 by or for the prisoner to the parole board within 21 days after 25 the information notice inviting the prisoner to make the 26 submissions is given.'. 27 Page 22

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 29] Clause 29 Amendment of s 209 (Automatic cancellation of order by 1 further imprisonment) 2 Section 209(3)(b)-- 3 insert-- 4 `(iv) is required to be served until the court rises.'. 5 Clause 30 Amendment of s 217 (Functions) 6 (1) Section 217(b)-- 7 omit. 8 (2) Section 217(c)-- 9 renumber as section 217(b). 10 Clause 31 Amendment of s 219 (Disqualification from membership) 11 (1) Section 219(f) and (g)-- 12 renumber as section 219(g) and (h). 13 (2) Section 219-- 14 insert-- 15 `(f) a person appointed as, or to act as, a Supreme Court 16 judge, District Court judge or magistrate;'. 17 Clause 32 Amendment of s 233 (Disqualification from membership) 18 (1) Section 233(f) and (g)-- 19 renumber as section 233(g) and (h). 20 (2) Section 233-- 21 insert-- 22 `(f) a person appointed as, or to act as, a Supreme Court 23 judge, District Court judge or magistrate;'. 24 Page 23

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 33] Clause 33 Amendment of s 292 (Official visitor reports) 1 Section 292(b), `at least every 3 months'-- 2 omit, insert-- 3 `each month'. 4 Clause 34 Amendment of s 311 (Prisoners trust fund) 5 (1) Section 311(3), `All'-- 6 omit, insert-- 7 `Subject to section 311A, all'. 8 (2) Section 311(6)-- 9 omit, insert-- 10 `(6) The chief executive may limit any or all of the following-- 11 (a) the amount that may be received as a single receipt for a 12 prisoner; 13 (b) the amount that may be held in a prisoner's account in 14 the prisoners trust fund; 15 (c) the amount a prisoner may spend.'. 16 Clause 35 Insertion of new s 311A 17 After section 311-- 18 insert-- 19 `311A Dealing with amounts received for prisoners in 20 particular cases 21 `(1) This section applies if the chief executive receives an amount 22 for a prisoner and any of the following apply-- 23 (a) the chief executive is not satisfied that the donor of the 24 amount is sufficiently identified; 25 (b) the amount is more than the allowable receipt amount; 26 Page 24

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 36] (c) payment of the amount into the prisoner's account 1 would result in the balance of that account being more 2 than the allowable balance. 3 `(2) The chief executive must return the amount to its donor. 4 `(3) If, despite making reasonable efforts, the chief executive can 5 not return the amount to its donor, the chief executive must, as 6 the chief executive considers appropriate-- 7 (a) pay the amount to an entity nominated by the prisoner; 8 or 9 (b) keep the amount in the prisoner's account until the 10 prisoner is discharged or released. 11 `(4) To remove any doubt, the prisoner can not access an amount 12 held in the prisoner's account under subsection (3)(b). 13 `(5) In this section-- 14 allowable balance, for a prisoner's account, means the 15 amount allowed under section 311(6)(b). 16 allowable receipt amount means the amount allowed for a 17 single receipt for a prisoner under section 311(6)(a). 18 donor, of an amount received for a prisoner, means the person 19 from whom the amount is received. 20 prisoner's account, for a prisoner, means the prisoner's 21 account mentioned in section 311(2).'. 22 Clause 36 Amendment of s 320 (Eligible persons register) 23 Section 320(1), from `about'-- 24 omit, insert-- 25 `about-- 26 (a) a prisoner who has been sentenced to a period of 27 imprisonment for an offence of violence or a sexual 28 offence; or 29 (b) a supervised dangerous prisoner (sexual offender).'. 30 Page 25

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 37] Clause 37 Amendment of s 324 (Removing details from eligible 1 persons register) 2 (1) Section 324(1)(a)-- 3 omit, insert-- 4 `(a) when the prisoner in relation to whom the person is 5 registered-- 6 (i) is discharged; or 7 Note-- 8 A prisoner is discharged when the prisoner is 9 unconditionally released from lawful custody. 10 (ii) if the prisoner is released subject to a relevant 11 order--stops being subject to a relevant order; or 12 (iii) dies in custody; or 13 (iv) is transferred to another jurisdiction; or'. 14 (2) Section 324(4)-- 15 insert-- 16 `relevant order means-- 17 (a) a supervision order or interim supervision order under 18 the Dangerous Prisoners (Sexual Offenders) Act 2003; 19 or 20 (b) a probation order.'. 21 Clause 38 Amendment of s 350 (Proceedings for offences) 22 (1) Section 350(2), `The'-- 23 omit, insert-- 24 `Subject to subsection (3), the'. 25 (2) Section 350-- 26 insert-- 27 `(3) If the proceeding is for an offence under section 28F(1) or (5), 28 it may start at any time but, if started more than 1 year after 29 Page 26

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 39] the commission of the offence, must start within 6 months 1 after the offence comes to the complainant's knowledge.'. 2 Clause 39 Insertion of new ch 7A, pt 4 3 Chapter 7A, after part 3-- 4 insert-- 5 `Part 4 Transitional provisions for 6 Corrective Services and Other 7 Legislation Amendment Act 8 (No. 2) 2008 9 `480 Definitions for pt 4 10 `In this part-- 11 amending Act means the Corrective Services and Other 12 Legislation Amendment Act (No. 2) 2008. 13 commencement means the commencement of this part. 14 previous, if followed by a provision number, means the 15 provision of that number as in force immediately before the 16 commencement. 17 `481 Existing order for reintegration leave 18 `(1) This section applies to an order granting reintegration leave to 19 a prisoner under previous section 72(1)(e) if the order was in 20 force immediately before the commencement. 21 `(2) The order continues in force according to its terms. 22 `(3) This Act continues to apply for the reintegration leave as if the 23 amending Act had not been enacted. 24 Page 27

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 39] `482 Existing order for resettlement leave 1 `(1) This section applies to an order granting resettlement leave to 2 a prisoner under previous section 72(1)(f) if the order was in 3 force immediately before the commencement. 4 `(2) The order continues in force according to its terms. 5 `(3) This Act continues to apply for the resettlement leave as if the 6 amending Act had not been enacted. 7 `483 Existing approved resettlement leave programs 8 `(1) This section applies if, before the commencement-- 9 (a) a resettlement leave program for a prisoner was 10 approved under previous section 76(1) or 77(1); and 11 (b) the resettlement leave program had not ended. 12 `(2) This Act continues to apply for the resettlement leave 13 program and the prisoner's resettlement leave as if the 14 amending Act had not been enacted. 15 Example-- 16 Previous section 72(1)(f) continues to apply for leave for the prisoner to 17 participate in the resettlement leave program. 18 `484 Existing applications for approval of resettlement 19 leave programs 20 `(1) This section applies if, before the commencement-- 21 (a) a prisoner applied for approval of a resettlement leave 22 program under previous section 75(1); and 23 (b) the application had not been decided. 24 `(2) This Act continues to apply as if the amending Act had not 25 been enacted for-- 26 (a) deciding the application; and 27 (b) if the approval is granted--any resettlement leave 28 program and the prisoner's resettlement leave under the 29 program. 30 Page 28

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 39] `485 Previous expectations of prisoner about reintegration 1 leave or resettlement leave 2 `(1) This section applies if, before the commencement, a 3 prescribed prisoner had an expectation to be granted-- 4 (a) reintegration leave under previous section 72(1)(e); or 5 (b) resettlement leave under previous section 72(1)(f). 6 `(2) Subject to subsection (3), the expectation is extinguished. 7 `(3) A proceeding started before the commencement, and pending 8 at the commencement, may be continued as if the amending 9 Act had not been enacted. 10 `(4) If the outcome of the proceeding is that the prescribed 11 prisoner is to be granted leave mentioned in subsection (1), 12 this Act applies for the leave as if the amending Act had not 13 been enacted. 14 `(5) In this section-- 15 prescribed prisoner means a prisoner other than a prisoner to 16 whom any of the following applies-- 17 (a) an order mentioned in section 481 or 482; 18 (b) a resettlement leave program mentioned in section 483; 19 (c) section 484. 20 proceeding means a proceeding-- 21 (a) under the Judicial Review Act 1991 in relation to a 22 decision made under this Act; or 23 (b) for an offence against a provision of this Act. 24 `486 Application of ss 185A and 199(5) 25 `(1) Despite sections 185A and 199(5), a proceeding started before 26 the commencement, and pending at the commencement, in 27 relation to the issue of a court ordered parole order under 28 section 199(1) for a prescribed prisoner may be continued as 29 if the amending Act had not been enacted. 30 Page 29

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 39] `(2) If the outcome of the proceeding is that the court ordered 1 parole order must be issued for the prescribed prisoner, this 2 Act applies for the prescribed prisoner's court ordered parole 3 as if the amending Act had not been enacted. 4 `(3) In this section-- 5 prescribed prisoner means a prisoner to whom section 185A 6 applies. 7 proceeding means a proceeding under the Judicial Review Act 8 1991. 9 `487 Application of previous s 193(5) 10 `(1) Subject to subsections (3) and (4), previous section 193(5) 11 does not apply, and is taken never to have applied, to a 12 prisoner's application for a parole order made on or after 1 13 July 2001. 14 `(2) Subject to subsections (3) and (4) if, before the 15 commencement, a prisoner had any entitlement or expectation 16 in relation to a parole board's failure to make a decision in 17 accordance with previous section 193(5), the entitlement or 18 expectation is extinguished. 19 `(3) Subsections (1) and (2) do not affect a decision of a court 20 made before the commencement in relation to the validity of a 21 parole board's decision on a prisoner's application for a parole 22 order. 23 `(4) Also, subsections (1) and (2) do not affect a decision of the 24 Queensland board under section 198, made before the 25 commencement, in relation to a decision a regional board was 26 taken to have made under previous section 193(5). 27 `488 Declarations for s 209 28 `(1) On and from 28 August 2006, a prisoner's parole order is 29 taken not to have been automatically cancelled under a 30 previous automatic cancellation provision if-- 31 Page 30

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 39] (a) the prisoner was sentenced to another term or period of 1 imprisonment as mentioned in the provision; and 2 (b) the term or period was limited to a term or period of 3 imprisonment until the court rises. 4 `(2) Subsection (3) applies if, before the commencement, a 5 prisoner subject to a parole order was sentenced to a term or 6 period of imprisonment ordered by a court to be served until 7 the court rises. 8 `(3) To remove any doubt, it is declared that anything done or 9 purportedly done, or any omission made or purportedly made, 10 under this Act or the repealed Corrective Services Act 2000 in 11 reliance on the automatic cancellation of the parole order, 12 before the commencement, under a previous automatic 13 cancellation provision is and always was valid. 14 `(4) Subsection (3) does not affect a decision of a court made 15 before the commencement in relation to, or based on, a 16 previous automatic cancellation provision. 17 `(5) In this section-- 18 previous automatic cancellation provision means-- 19 (a) previous section 209; or 20 (b) the repealed Corrective Services Act 2000, section 151. 21 `489 Application of s 245 22 `For applying section 245 after the commencement, a 23 reference in the section to-- 24 (a) an approval of a resettlement leave program; or 25 (b) an approved resettlement leave program; 26 is taken to be a reference to an approval of a resettlement 27 leave program, or to an approved resettlement leave program, 28 under this Act as in force before the commencement. 29 Page 31

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 2 Amendment of Corrective Services Act 2006 [s 40] `490 Declarations for ss 311 and 311A 1 `(1) This section applies to anything done or any omission made 2 by the chief executive in relation to a prisoner's money on or 3 after 20 June 2008 but before the commencement (the 4 previous dealing). 5 `(2) It is declared that the previous dealing is as valid, and is taken 6 always to have been as valid, as it would be if it were done or 7 made under section 311 or 311A after the commencement.'. 8 Clause 40 Amendment of sch 4 (Dictionary) 9 (1) Schedule 4, definitions commencement, previous, privileges, 10 reintegration leave, resettlement leave and resettlement leave 11 eligibility date-- 12 omit. 13 (2) Schedule 4-- 14 insert-- 15 `amending Act, for chapter 7A, part 4, see section 480. 16 commencement-- 17 (a) for chapter 7, see section 356; or 18 (b) for chapter 7A, see section 480. 19 previous, if followed by a provision number-- 20 (a) for chapter 7, see section 356; or 21 (b) for chapter 7A, part 4, see section 480. 22 privileges, for a prisoner, means privileges prescribed under a 23 regulation for a prisoner.'. 24 (3) Schedule 4, definition approved resettlement leave program, 25 after `77(1)'-- 26 insert-- 27 `as in force before the commencement of the Corrective 28 Services and Other Legislation Amendment Act (No. 2) 2008, 29 section 11'. 30 Page 32

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 3 Amendment of Penalties and Sentences Act 1992 [s 41] (4) Schedule 4, definition leave of absence, paragraphs (e) to 1 (g)-- 2 omit, insert-- 3 `(e) reintegration leave granted under section 72(1)(e) as in 4 force before the commencement of the Corrective 5 Services and Other Legislation Amendment Act (No. 2) 6 2008, section 10(1); 7 (f) resettlement leave granted under section 72(1)(f) as in 8 force before the commencement of the Corrective 9 Services and Other Legislation Amendment Act (No. 2) 10 2008, section 10(1); 11 (g) leave mentioned in section 72(1)(e).'. 12 (5) Schedule 4, definition prisoner, paragraph 2, second dot point, 13 `9'-- 14 omit, insert-- 15 `9A'. 16 (6) Schedule 4, definition prisoner, paragraph 3, first dot point-- 17 omit. 18 Part 3 Amendment of Penalties and 19 Sentences Act 1992 20 Clause 41 Act amended in pt 3 21 The part amends the Penalties and Sentences Act 1992. 22 Clause 42 Amendment of s 4 (Definitions) 23 Section 4, definition re-integration program, `resettlement 24 leave within the meaning of that Act and'-- 25 omit. 26 Page 33

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Part 4 Repeal of Sporting Bodies' Property Holding Act 1975 [s 43] Clause 43 Amendment of s 174 (Resettlement leave and parole for 1 offenders) 2 (1) Section 174, heading-- 3 omit, insert-- 4 `174 Parole for offenders'. 5 (2) Section 174(1), `approval of a resettlement leave program, or 6 release on parole,'-- 7 omit, insert-- 8 `release on parole'. 9 (3) Section 174(2), `the approval or'-- 10 omit. 11 (4) Section 174(2)(a), `approved resettlement leave program 12 or'-- 13 omit. 14 Part 4 Repeal of Sporting Bodies' 15 Property Holding Act 1975 16 Clause 44 Repeal 17 The Sporting Bodies' Property Holding Act 1975 No. 7 is 18 repealed. 19 Page 34

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Schedule Schedule Other amendments 1 section 3 2 1 Chapter 4, part 2, division 2, subdivisions 1 and 2, 3 headings-- 4 omit. 5 2 Section 213(1)-- 6 insert-- 7 `Note-- 8 See also chapter 2, part 2, division 9A.'. 9 3 Section 267, example, `or is on resettlement leave'-- 10 omit. 11 4 Section 319ZC(5), `7'-- 12 omit, insert-- 13 `14'. 14 5 Section 473(5), `468'-- 15 omit, insert-- 16 `469'. 17 6 Chapter 7A, after section 478F-- 18 insert-- 19 `Part 3 Transitional provision for 20 Criminal Code and Other Acts 21 Amendment Act 2008'. 22 Page 35

 


 

Corrective Services and Other Legislation Amendment Bill (No. 2) 2008 Schedule 7 Section 478C, second occurring-- 1 relocate and renumber in chapter 7A, part 3, as section 479. 2 8 Chapter 7B, heading-- 3 omit. 4 9 Chapter 8, heading, from `and'-- 5 omit. 6 10 Chapter 8, part 1, heading-- 7 omit. 8 11 Chapter 8, section 479-- 9 renumber as chapter 8, section 491. 10 State of Queensland 2008 Page 36

 


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