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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sentence Administration (Interstate Transfer of
Community Based Sentences) Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Purpose of Act 2
4. Application of the Act 2
5. Terms used in this Act 3
6. Notes 3
Part 2 -- Key concepts for Act
7. Community based sentences 4
8. Jurisdictions and participating jurisdictions 4
9. Local and interstate sentences 4
10. Corresponding laws 5
11. Interstate authorities 5
Part 3 -- Administration
12. Chief executive officer is local authority 6
13. Delegation by local authority 6
14. Local register 6
Part 4 -- Registration of interstate
sentences in this jurisdiction
15. Request for transfer of interstate sentence 7
16. Form of request for registration 7
17. Request for additional information 9
18. Withdrawal of offender's consent 9
19. Registration criteria 9
20. Decision on request 10
255--2 page i
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Contents
21. Preconditions for registration 11
22. How interstate sentence registered 11
23. Notice of registration 12
24. Effect of registration generally 12
Part 5 -- Registration of local
sentences in
interstate jurisdictions
25. Request for transfer of local sentence 15
26. Response to request for additional information 15
27. Effect of interstate registration 15
Part 6 -- Miscellaneous
28. Inaccurate information about local sentence
registered interstate 16
29. Dispute about accuracy of information in interstate
register 16
30. Evidence of registration and registered particulars 17
31. Regulations 18
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Sentence Administration (Interstate Transfer of
Community Based Sentences) Bill 2007
A Bill for
An Act relating to the interstate transfer of community based orders,
and for other purposes.
The Parliament of Western Australia enacts as follows:
page 1
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Sentence Administration (Interstate Transfer of
Community Based Sentences) Act 2007.
5 2. Commencement
This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
3. Purpose of Act
The purpose of this Act is to allow community based sentences
imposed in participating jurisdictions to be transferred, by
registration, between participating jurisdictions.
15 4. Application of the Act
(1) This Act applies only to community based sentences imposed
by courts on adults, or persons to which the Young Offenders
Act 1994 section 50A applies, convicted or found guilty of
offences.
20 (2) This Act does not apply to --
(a) a parole order; or
(b) a sentence to the extent that it imposes a fine or other
financial penalty (however described); or
(c) a sentence to the extent that it requires the making of
25 reparation (however described).
page 2
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Preliminary Part 1
s. 5
5. Terms used in this Act
In this Act, unless the contrary intention appears --
"community based sentence" has the meaning given in
section 7;
5 "corresponding law" has the meaning given in section 10;
"Department" means the department principally assisting the
Minister in the administration of this Act;
"interstate authority" has the meaning given in section 11;
"interstate jurisdiction" has the meaning given in section 8(4);
10 "interstate sentence" has the meaning given in section 9(2);
"jurisdiction" has the meaning given in section 8(1);
"local authority" has the meaning given in section 12;
"local register" has the meaning given in section 14;
"local sentence" has the meaning given in section 9(1);
15 "offender", in relation to a community based sentence, means
the person on whom the sentence was imposed;
"originating jurisdiction", for a community based sentence,
means the jurisdiction where the sentence was originally
imposed;
20 "participating jurisdiction" has the meaning given in
section 8(3);
"sentence" means an order, decision or other sentence
(however described), and includes part of a sentence;
"serve" a sentence, includes --
25 (a) to comply with or satisfy the sentence; or
(b) to do anything else in accordance with the sentence;
"this jurisdiction" has the meaning given in section 8(2).
6. Notes
Notes included in this Act do not form part of this Act.
page 3
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 2 Key concepts for Act
s. 7
Part 2 -- Key concepts for Act
7. Community based sentences
A "community based sentence" is --
(a) for this jurisdiction, any of the following --
5 (i) a community based order made under the
Sentencing Act 1995 Part 9;
(ii) an intensive supervision order made under the
Sentencing Act 1995 Part 10;
(iii) a conditional suspended imprisonment order
10 made under the Sentencing Act 1995 Part 12
Division 1;
(b) for an interstate jurisdiction -- a sentence that is a
community based sentence under the corresponding law
of the jurisdiction.
15 8. Jurisdictions and participating jurisdictions
(1) A "jurisdiction" means a State or Territory of the
Commonwealth.
(2) "This jurisdiction" means Western Australia.
(3) A "participating jurisdiction" is this jurisdiction or a State or
20 a Territory declared by the regulations to be a participating
jurisdiction.
(4) An "interstate jurisdiction" is a participating jurisdiction other
than this jurisdiction.
9. Local and interstate sentences
25 (1) A "local sentence" is a community based sentence in force in
this jurisdiction.
Note: For the effect of interstate registration of a local sentence, see
section 27.
page 4
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Key concepts for Act Part 2
s. 10
(2) An "interstate sentence" is a community based sentence in
force in an interstate jurisdiction.
Note: For the effect of registration in this jurisdiction of an interstate
sentence, see section 24.
5 10. Corresponding laws
A "corresponding law" is --
(a) a law of an interstate jurisdiction corresponding, or
substantially corresponding, to this Act; or
(b) a law of an interstate jurisdiction that is declared by the
10 regulations to be a corresponding law, whether or not
the law corresponds, or substantially corresponds, to this
Act.
11. Interstate authorities
The "interstate authority" for an interstate jurisdiction is the
15 entity that is the local authority for the jurisdiction under the
corresponding law of the jurisdiction.
Note: The local authority for Western Australia is the chief executive officer of
the Department, see section 12.
page 5
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 3 Administration
s. 12
Part 3 -- Administration
12. Chief executive officer is local authority
The "local authority" for this jurisdiction is the chief executive
officer of the Department.
5 13. Delegation by local authority
The local authority may delegate the exercise of any of the
authority's functions under another provision of this Act to a
public service officer employed in the Department.
14. Local register
10 (1) The local authority must keep a register (the "local register")
of interstate sentences registered under this Act.
(2) The local authority may correct a mistake or omission in the
local register.
page 6
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Registration of interstate sentences in this jurisdiction Part 4
s. 15
Part 4 -- Registration of interstate sentences in
this jurisdiction
15. Request for transfer of interstate sentence
The local authority may register an interstate sentence in this
5 jurisdiction at the request of the interstate authority for the
interstate jurisdiction in which the sentence is in force.
16. Form of request for registration
(1) The local authority must consider the request if the request --
(a) is in writing; and
10 (b) states the following particulars --
(i) the offender's name;
(ii) the offender's date of birth;
(iii) the offender's last-known address;
(iv) any other particulars required by the local
15 authority;
and
(c) is accompanied by the documents mentioned in
subsection (2).
(2) The documents to accompany the request are as follows --
20 (a) a copy of the interstate sentence certified by the
interstate authority;
(b) a copy of the offender's consent for the registration of
the sentence in this jurisdiction;
(c) a copy of any relevant pre-sentence report about the
25 offender held by the interstate jurisdiction in relation to
any offence committed by the offender for which the
offender is subject to a sentence;
(d) a copy of any relevant psychological or other assessment
of the offender held by the interstate authority;
page 7
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 4 Registration of interstate sentences in this jurisdiction
s. 16
(e) details held by the interstate jurisdiction of --
(i) the offender's criminal record (whether in or
outside Australia); and
(ii) the offender's compliance with the interstate
5 sentence and any other relevant non-custodial
sentence;
(f) a statement by the interstate authority explaining what
part of the sentence has been served in the interstate
jurisdiction or any other interstate jurisdiction before the
10 making of the request;
(g) a statement by the interstate authority that the authority
has explained to the offender, in language likely to be
readily understood by the offender, that, if the sentence
is registered in this jurisdiction --
15 (i) the offender will be bound by the requirements
of the law of this jurisdiction in relation to the
sentence; and
(ii) a breach of the sentence may result in the
offender being re-sentenced in this jurisdiction
20 for the offence; and
(iii) the other consequences for a breach of the
sentence in this jurisdiction may be different
from the consequences for a breach of the
sentence in the interstate jurisdiction, and, in
25 particular, the penalties for breach of the
sentence may be different;
(h) a statement by the interstate authority that sets out the
reasons given by the offender for requesting to register
the interstate sentence in this jurisdiction;
30 (i) any other document required by the local authority.
(3) For the purposes of subsection (2)(c), the offender is "subject"
to a sentence if the sentence has not been fully served and has
not been discharged.
page 8
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Registration of interstate sentences in this jurisdiction Part 4
s. 17
(4) In considering the request, the local authority may take into
account any other information or other documents given to the
local authority by the interstate authority.
17. Request for additional information
5 The local authority may ask the interstate authority for
additional information about the interstate sentence or the
offender.
18. Withdrawal of offender's consent
The offender may withdraw consent to the registration of the
10 interstate sentence at any time before (but not after) its
registration by giving written notice to the local authority.
19. Registration criteria
(1) The "registration criteria" for the purposes of section 20 are
that --
15 (a) the offender has consented to the sentence being
registered in this jurisdiction and has not withdrawn the
consent; and
(b) there is a corresponding community based sentence
under the law of this jurisdiction; and
20 (c) the offender can comply with the sentence in this
jurisdiction; and
(d) the sentence can be safely, efficiently and effectively
administered in this jurisdiction.
(2) In this section, there is a "corresponding community based
25 sentence under the law of this jurisdiction" for the interstate
sentence if --
(a) a community based sentence under the law of this
jurisdiction corresponds, or substantially corresponds, to
the interstate sentence; or
30 (b) a community based sentence under the law of this
jurisdiction is declared by the regulations to correspond
page 9
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 4 Registration of interstate sentences in this jurisdiction
s. 20
to the interstate sentence, whether or not the sentence
corresponds, or substantially corresponds, to the
interstate sentence.
20. Decision on request
5 (1) The local authority may decide --
(a) to register the interstate sentence; or
(b) to register the sentence if the offender meets
preconditions imposed under section 21; or
(c) not to register the sentence.
10 (2) In deciding whether to register the interstate sentence, the local
authority must have regard to the registration criteria, but may
have regard to any matter prescribed by the regulations and any
other relevant matter.
(3) The local authority --
15 (a) may decide not to register the interstate sentence even if
satisfied the registration criteria are met; but
(b) must not decide to register the interstate sentence (with
or without preconditions) unless satisfied that the
registration criteria are met.
20 (4) The local authority may decide whether to register the interstate
sentence, or to impose any preconditions, on the information
and documents given to the authority under this Part, and any
other information or documents available to the authority,
without hearing the offender.
25 (5) To remove any doubt, the local authority may decide to register
the interstate sentence even if --
(a) the interstate jurisdiction is not the originating
jurisdiction for the sentence; or
(b) the sentence has previously been registered in this
30 jurisdiction or this jurisdiction is the originating
jurisdiction for the sentence; or
page 10
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Registration of interstate sentences in this jurisdiction Part 4
s. 21
(c) the authority has previously decided not to register the
sentence in this jurisdiction.
Note: For the effect of registration in this jurisdiction of an interstate
sentence, see section 24.
5 (6) If the local authority decides not to register the interstate
sentence, the authority must give written notice of the decision
to the offender and the interstate authority.
21. Preconditions for registration
(1) The local authority may impose preconditions for the
10 registration of the interstate sentence that the offender must
meet to show that the offender can comply, and is willing to
comply, with the sentence in this jurisdiction.
(2) Without limiting subsection (1), the local authority may impose
preconditions of the following kind --
15 (a) that the offender must satisfy the local authority before a
stated time that the offender is living in this jurisdiction;
(b) that the offender must report to a stated person in this
jurisdiction at a stated time and place (or another time
and place agreed between the local authority and the
20 offender).
(3) If the local authority decides to impose preconditions, the local
authority must give written notice of the decision and the
preconditions to the offender and the interstate authority.
(4) The local authority may, by written notice to the offender and
25 the interstate authority, amend or revoke any precondition.
22. How interstate sentence registered
(1) If the local authority decides to register the interstate sentence in
this jurisdiction without imposing preconditions for the
registration of the sentence, the local authority must register the
30 sentence by entering the required details in the local register.
page 11
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 4 Registration of interstate sentences in this jurisdiction
s. 23
(2) If the local authority decides to impose preconditions for the
registration of the interstate sentence, the local authority must
register the sentence by entering the required details in the local
register only if the authority is satisfied that the preconditions
5 have been met.
(3) In this section --
"required details" means the details of the offender and the
interstate sentence prescribed by the regulations.
23. Notice of registration
10 (1) If the local authority registers the interstate sentence in this
jurisdiction, the local authority must give written notice of the
registration to the offender and the interstate authority.
(2) The notice must state the date the sentence was registered.
24. Effect of registration generally
15 (1) If the interstate sentence is registered in this jurisdiction, the
following provisions apply --
(a) the sentence becomes a community based sentence in
force in this jurisdiction, and ceases to be a community
based sentence in force in the interstate jurisdiction;
20 (b) the sentence is taken to have been validly imposed by
the appropriate court of this jurisdiction;
(c) the sentence continues to apply to the offender in
accordance with its terms despite anything to the
contrary under the law of this jurisdiction;
25 (d) the offence (the "relevant offence") for which the
sentence was imposed on the offender is taken to be an
offence against the law of this jurisdiction, and not an
offence against the law of the originating jurisdiction;
(e) the penalty for the relevant offence is taken to be the
30 relevant penalty for the offence under the law of the
originating jurisdiction, and not the penalty for an
page 12
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Registration of interstate sentences in this jurisdiction Part 4
s. 24
offence of that kind (if any) under the law of this
jurisdiction;
(f) any part of the sentence served in an interstate
jurisdiction before its registration is taken to have been
5 served in this jurisdiction;
(g) the offender may be dealt with in this jurisdiction for a
breach of the sentence, whether the breach happened
before, or happens after, the registration of the sentence;
(h) the law of this jurisdiction applies to the sentence and
10 any breach of it with the changes (if any) prescribed by
the regulations.
(2) Subsection (1)(d) and (e) do not apply if this jurisdiction is the
originating jurisdiction.
(3) This section does not affect any right, in the originating
15 jurisdiction, of appeal or review (however described) in relation
to --
(a) the conviction or finding of guilt on which the interstate
sentence was based; or
(b) the imposition of the interstate sentence.
20 (4) Any sentence or decision imposed or made on an appeal or
review mentioned in subsection (3) has effect in this jurisdiction
as if it were validly imposed or made on an appeal or review in
this jurisdiction.
(5) This section does not give any right to the offender to an appeal
25 or review (however described) in this jurisdiction in relation to
the conviction, finding of guilt or imposition of sentence
mentioned in subsection (3).
(6) In this section --
"appropriate court", of this jurisdiction, means --
30 (a) if the interstate sentence was imposed by a court of
summary jurisdiction or by a court on appeal from a
page 13
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 4 Registration of interstate sentences in this jurisdiction
s. 24
court of summary jurisdiction -- a Magistrates Court;
and
(b) in any other case -- the Supreme Court.
page 14
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Registration of local sentences in interstate jurisdictions Part 5
s. 25
Part 5 -- Registration of local sentences in
interstate jurisdictions
25. Request for transfer of local sentence
The local authority may request the interstate authority for an
5 interstate jurisdiction to register a local sentence in the interstate
jurisdiction.
26. Response to request for additional information
The local authority may, at the request of the interstate authority
or on its own initiative, give the interstate authority any
10 additional information about the local sentence or the offender.
27. Effect of interstate registration
(1) If the local sentence is registered in the interstate jurisdiction,
the following provisions have effect --
(a) the sentence becomes a community based sentence in
15 force in the interstate jurisdiction, and ceases to be a
community based sentence in force in this jurisdiction;
(b) the offender may be dealt with in the interstate
jurisdiction for a breach of the sentence, whether the
breach happened before, or happens after, the
20 registration of the sentence;
(c) if the sentence is registered in the local register -- the
sentence ceases to be registered.
(2) If this jurisdiction is the originating jurisdiction for the local
sentence, this section does not affect any right of appeal or
25 review (however described) in relation to --
(a) the conviction or finding of guilt on which the sentence
was based; or
(b) the imposition of the sentence.
(3) To remove any doubt, this section does not prevent the local
30 sentence from later being registered in this jurisdiction.
page 15
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 6 Miscellaneous
s. 28
Part 6 -- Miscellaneous
28. Inaccurate information about local sentence registered
interstate
(1) This section applies if --
5 (a) a community based sentence that was a local sentence is
registered in an interstate jurisdiction; and
(b) the local authority becomes aware that information
about the sentence or the offender recorded in the
register kept under the corresponding law of the
10 interstate jurisdiction (the "interstate register") is not,
or is no longer, accurate.
(2) The local authority must tell the interstate authority for the
interstate jurisdiction how the information in the interstate
register needs to be changed to be accurate.
15 (3) Without limiting subsection (2), the local authority must tell the
interstate authority about --
(a) any part of the sentence served in this jurisdiction
between the making of the request to register the
sentence in the interstate jurisdiction and its registration
20 in the interstate jurisdiction; or
(b) the outcome of any appeal or review in this jurisdiction
affecting the sentence.
29. Dispute about accuracy of information in interstate register
(1) This section applies if --
25 (a) a community based sentence that was a local sentence is
registered in an interstate jurisdiction; and
(b) the offender claims, in writing, to the interstate authority
for the interstate jurisdiction that the information
recorded about the sentence or the offender in the
30 register kept under the corresponding law of the
interstate jurisdiction (the "interstate register") is not,
page 16
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Miscellaneous Part 6
s. 30
or is no longer, accurate, and states in the claim how the
information is inaccurate.
(2) The interstate authority may send the local authority --
(a) a copy of the claim; and
5 (b) an extract from the interstate register containing the
information that the offender claims is inaccurate.
(3) The local authority must check whether the information in the
extract is accurate, having regard to the offender's claims.
(4) If the local authority is satisfied that the information is accurate,
10 the local authority must tell the interstate authority.
(5) If the local authority is satisfied that the information is
inaccurate, the local authority must give the interstate authority
the correct information.
30. Evidence of registration and registered particulars
15 (1) A certificate that appears to be signed by or on behalf of the
local authority or the interstate authority for an interstate
jurisdiction, and states a matter that appears in or can be worked
out from the register kept under this Act or a corresponding law,
is evidence of the matter.
20 (2) A certificate under subsection (1) may state a matter by
reference to a date or period.
(3) A certificate that appears to be signed by or on behalf of the
local authority or the interstate authority for an interstate
jurisdiction, and states any matter prescribed by the regulations,
25 is evidence of the matter.
(4) A certificate that appears to be signed by or on behalf of the
local authority or the interstate authority for an interstate
jurisdiction and states any of the following details is evidence of
the matter --
30 (a) details of a community based sentence or the offender in
relation to a community based sentence;
page 17
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Part 6 Miscellaneous
s. 31
(b) details of any part of a community based sentence that
has or has not been served.
(5) A court must accept a certificate mentioned in this section as
proof of the matters stated in it if there is no evidence to the
5 contrary.
(6) A court must or may admit into evidence other documents
prescribed by the regulations in the circumstances prescribed by
the regulations.
31. Regulations
10 The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
page 18
Sentence Administration (Interstate Transfer of Community Based
Sentences) Bill 2007
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
appropriate court........................................................................................ 24(6)
community based sentence ........................................................................... 5, 7
corresponding community based sentence under the law of this
jurisdiction................................................................................................. 19(2)
corresponding law.......................................................................................5, 10
Department ...................................................................................................... 5
interstate authority ......................................................................................5, 11
interstate jurisdiction................................................................................ 5, 8(4)
interstate register..............................................................................28(1), 29(1)
interstate sentence .................................................................................... 5, 9(2)
jurisdiction............................................................................................... 5, 8(1)
local authority.............................................................................................5, 12
local register .......................................................................................... 5, 14(1)
local sentence........................................................................................... 5, 9(1)
offender ........................................................................................................... 5
originating jurisdiction ..................................................................................... 5
participating jurisdiction........................................................................... 5, 8(3)
registration criteria ..................................................................................... 19(1)
relevant offence ......................................................................................... 24(1)
required details .......................................................................................... 22(3)
sentence........................................................................................................... 5
serve ................................................................................................................ 5
subject ....................................................................................................... 16(3)
this jurisdiction ................................................................................................ 5
This jurisdiction ...........................................................................................8(2)
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