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Sentencing Legislation Amendment
(Abolition of Home Detention) Bill 2011
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 provides that the main purposes of the Bill are to amend the
Corrections Act 1986 and the Sentencing Act 1991 to repeal
provisions relating to home detention orders and for other
purposes.
Clause 2 provides that the provisions of the Bill commence upon
proclamation, with a default commencement date of 1 June 2012.
PART 2--AMENDMENTS TO THE CORRECTIONS ACT 1986
Clause 3 amends the Corrections Act 1986 to repeal the definition of
home detention order and repeal the reference to such an order in
the definition of correctional order.
Clause 4 repeals section 6C(1)(bb) of the Corrections Act 1986 which
refers to home detention.
Clause 5 omits a reference to home detention in section 30A(2)(b) of the
Corrections Act 1986.
Clause 6 repeals Division 4 of Part 8 of the Corrections Act 1986.
This Division contains the substantive provisions allowing the
Adult Parole Board to make home detention orders.
Clause 7 repeals section 70(1)(aa) of the Corrections Act 1986, which
refers to home detention orders.
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Clause 8 repeals sections 72(1)(ba), (bb), and (bc) of the Corrections Act
1986, which refer to home detention orders.
Clause 9 omits a reference to home detention order in section 73(1) of the
Corrections Act 1986.
Clause 10 omits a reference to home detention orders in section 112(1)(n)
of the Corrections Act 1986.
Clause 11 inserts a new section 120 into the Corrections Act 1986. This is
a transitional provision. This new section preserves existing
home detention orders made by the Adult Parole Board and
provides that the Act applies to those existing home detention
orders as if the Act had not been amended by this Bill.
PART 3--AMENDMENTS TO THE SENTENCING ACT 1991
Clause 12 repeals the definition of home detention order from section 3(1)
of the Sentencing Act 1991.
Clause 13 repeals section 7(1)(ba) of the Sentencing Act 1991, which
allows the court to record a conviction and sentence the offender
to serve a sentence of imprisonment by way of home detention.
Clause 14 repeals section 14A of the Sentencing Act 1991 which deals
with matters ancillary to the making of a home detention order by
a court.
Clause 15 repeals section 18(2)(bb) of the Sentencing Act 1991, which
refers to home detention order.
Clause 16 repeals section 18SA of the Sentencing Act 1991, which deals
with matters ancillary to the making of a home detention order by
a court.
Clause 17 repeals section 18ZGA of the Sentencing Act 1991, which deals
with matters ancillary to the making of a home detention order by
a court.
Clause 18 repeals section 21A of the Sentencing Act 1991, which deals
with matters ancillary to the making of a home detention order by
a court.
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Clause 19 repeals Subdivision (2A) of Division 2 of Part 3 of the
Sentencing Act 1991. This Subdivision contains provisions
setting out the circumstances under which a court can make a
home detention order and other related matters.
Clause 20 repeals section 27A of the Sentencing Act 1991, which deals
with matters ancillary to the making of a home detention order by
a court.
Clause 21 repeals section 41A of the Sentencing Act 1991, which deals
with matters ancillary to the making of a home detention order by
a court.
Clause 22 repeals Division 2B of Part 6 of the Sentencing Act 1991.
This Division deals with the assessment of suitability for an
offender for a home detention order.
Clause 23 repeals section 116(1)(a) of the Sentencing Act 1991, which
refers to the making of regulations dealing with home detention.
Clause 24 inserts a new section 141A into the Sentencing Act 1991.
This is a transitional provision. This new section preserves
existing home detention orders made by a court and provides that
the Act applies to those existing home detention orders as if the
Act had not been amended by this Bill.
PART 4--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
Clause 25 repeals section 131 of the Personal Safety Intervention Orders
Act 2010, which deals with the making of an order where the
respondent is also subject to a home detention order.
Clause 26 repeals section 51A of the Stalking Intervention Orders Act
2008, which deals with the making of an order where the
respondent is also subject to a home detention order.
Clause 27 repeals sections 17(8), 24(da) and 176A of the Family Violence
Protection Act 2008. These sections deal with the operation of
provisions of this Act where a home detention order is in place
under the Sentencing Act 1991 or the Corrections Act 1986.
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