This Act is the Crimes (Interstate Transfer of Community Based Sentences) Act 2004.

This Act commences on a day or days to be appointed by proclamation.

The purpose of this Act is to allow community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions.

(1)  This Act applies only to sentences imposed by courts on adults convicted or found guilty of offences.

(2)  This Act does not apply to a parole order.

s 4: Am 2012 No 79, Sch 1 [1].

In this Act:

community based sentence—see section 7.

corresponding law—see section 10.

Department means the Department of Corrective Services.

interstate authority—see section 11.

interstate jurisdiction—see section 8 (4).

interstate sentence—see section 9 (2).

jurisdiction—see section 8 (1).

local authority—see section 12.

local register—see section 14.

local sentence—see section 9 (1).

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.

parole order means an order in force under section 138, 141, 149, 150, 154A, 158 or 160 of the Crimes (Administration of Sentences) Act 1999.

participating jurisdiction—see section 8 (3).

registration criteria, for Part 4 (Registration of interstate sentences in this jurisdiction)—see section 19.

sentence means an order, decision or other sentence (however described), and includes part of a sentence.

serve a sentence includes:

(a)  comply with or satisfy the sentence, or

(b)  do anything else in accordance with the sentence.

this jurisdiction—see section 8 (2).

Note—

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

s 5: Am 2017 No 57, Sch 3.1.

Notes included in this Act do not form part of this Act.

(1)  A community based sentence is:

(a)  for this jurisdiction—any of the following:

(i)  an intensive correction order under section 7 of the Crimes (Sentencing Procedure) Act 1999 (including a home detention order that is taken to be an intensive correction order subject to a home detention condition under Part 29 of Schedule 2 to that Act),

(ii)  a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 (including a community service order or good behaviour bond that is taken to be a community correction order under Part 29 of Schedule 2 to that Act),

(iii)  a conditional release order under section 9 of the Crimes (Sentencing Procedure) Act 1999 (including a good behaviour bond that is taken to be a conditional release order under Part 29 of Schedule 2 to that Act),

(iv)  an order under section 12 (1) of the Crimes (Sentencing Procedure) Act 1999 suspending a sentence, a good behaviour bond entered into in accordance with the order and the sentence of imprisonment imposed in relation to the order, where the order was made before the repeal of that section by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017,

(v)  a sentence declared by the regulations to be a community based sentence, and

(b)  for an interstate jurisdiction—a sentence that is a community based sentence under the corresponding law of the jurisdiction.

(2)  For the purposes of subsection (1) (a), the following are taken to be a single community based sentence:

(a)  an order referred to in subsection (1) (a) (i) and the sentence of imprisonment in relation to which the order is made,

(b)  an order referred to in subsection (1) (a) (iv) and the good behaviour bond and the sentence of imprisonment imposed in relation to the order,

(c)  any combination of 2 or more community based sentences referred to in subsection (1) (a) that is declared by the regulations to be a single community based sentence.

s 7: Am 2010 No 48, Sch 5.6 [1] [2]; 2012 No 79, Sch 1 [2]. Subst 2017 No 53, Sch 4.12.

(1)  A jurisdiction means a State or Territory of the Commonwealth.

(2)  This jurisdiction means New South Wales.

(3)  A participating jurisdiction is this jurisdiction or a State or Territory of the Commonwealth declared by the regulations to be a participating jurisdiction.

(4)  An interstate jurisdiction is a participating jurisdiction other than this jurisdiction.

(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.

(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.

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 regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

The interstate authority for an interstate jurisdiction is the entity that is the local authority for the jurisdiction under the corresponding law of the jurisdiction.

Note—

The local authority for New South Wales is the Commissioner of Corrective Services, see section 12.

The local authority for this jurisdiction is the Commissioner of Corrective Services.

The local authority may delegate the exercise of any of the authority’s functions under this Act to another member of staff of the Department (other than this power of delegation).

(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.

The local authority may register an interstate sentence in this jurisdiction at the request of the interstate authority for the interstate jurisdiction in which the sentence is in force.

(1)  The local authority must consider the request if the request:

(a)  is in writing, and

(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 authority, and

(c)  is accompanied by the documents mentioned in subsection (2).

(2)  The documents to accompany the request are as follows:

(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 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,

(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 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 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:

(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 resentenced in this jurisdiction 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 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,

(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.

(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.

The local authority may ask the interstate authority for additional information about the interstate sentence or the offender.

The offender may withdraw consent to the registration of the interstate sentence at any time before (but not after) its registration by giving written notice to the local authority.

(1)  The registration criteria are that:

(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

(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 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

(b)  a community based sentence under the law of this jurisdiction is declared by the regulations to correspond to the interstate sentence, whether or not the sentence corresponds, or substantially corresponds, to the interstate sentence.

(3)  For the purposes of subsection (2) (a), a community based sentence under a law of this jurisdiction corresponds, or substantially corresponds, to an interstate sentence if and only if the law of this jurisdiction provides that:

(a)  a penalty of substantially the same nature as the penalty imposed by the interstate sentence can be imposed by the community based sentence, and

(b)  conditions of substantially the same nature as the conditions to which the interstate sentence is subject can be imposed in relation to the community based sentence.

s 19: Am 2012 No 79, Sch 1 [3].

(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 (Preconditions for registration), or

(c)  not to register the sentence.

(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:

(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.

(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.

(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 jurisdiction or this jurisdiction is the originating jurisdiction for the sentence, or

(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.

(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.

(1)  The local authority may impose preconditions for the 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:

(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 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 the interstate authority, amend or revoke any precondition.

(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 sentence by entering the required details in the local register.

(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 have been met.

(3)  In this section:

required details means the details of the offender and the interstate sentence prescribed by the regulations.

(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.

(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,

(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,

(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 relevant penalty for the offence under the law of the originating jurisdiction, and not the penalty for an 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 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 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.

(2A)  Subsection (1) (e) applies only for the purpose of determining the penalty to be imposed for the relevant offence in circumstances in which the offender is, under the law of this jurisdiction, re-sentenced in relation to that offence.

(3)  This section does not affect any right, in the originating 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.

(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 or review (however described) in this jurisdiction in relation to the conviction, finding of guilt or imposition of sentence mentioned in subsection (3).

(5A)  This section does not apply to an interstate sentence to the extent to which:

(a)  it imposes a fine or other financial penalty (however described), or

(b)  it requires the making of reparation (however described).

(6)  In this section:

appropriate court, of this jurisdiction, means:

(a)  if the interstate sentence was imposed by a court of summary jurisdiction or by a court on appeal from a court of summary jurisdiction—the Local Court, and

(b)  in any other case—the Supreme Court.

s 24: Am 2007 No 94, Sch 2; 2012 No 79, Sch 1 [4] [5].

The local authority may request the interstate authority for an interstate jurisdiction to register a local sentence in the interstate jurisdiction.

The local authority may, at the request of the interstate authority or on its own initiative, give the interstate authority any additional information about the local sentence or the offender.

(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 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 registration of the sentence,

(c)  if the sentence is registered in the local register—the sentence ceases to be registered,

(d)  proceedings against the offender may not be commenced or continued under the law of this jurisdiction in relation to any breach of the conditions attached to the sentence that occurred before it was registered in the interstate jurisdiction.

(2)  If this jurisdiction is the originating jurisdiction for the local sentence, this section does not affect any right of appeal or 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.

(2A)  If this jurisdiction is the originating jurisdiction for the local sentence, this section does not affect the sentence to the extent to which:

(a)  it imposes a fine or other financial penalty (however described), or

(b)  it requires the making of reparation (however described),

and, to that extent, the sentence remains a sentence in force in this jurisdiction and may be enforced accordingly.

(3)  To remove any doubt, this section does not prevent the local sentence from later being registered in this jurisdiction.

s 27: Am 2012 No 79, Sch 1 [6] [7].

In this Part:

corresponding Minister, in relation to an interstate jurisdiction, means the person who has powers under the corresponding law of that jurisdiction that correspond to the powers of the Minister under this Part.

interstate law enforcement officer, in relation to an interstate jurisdiction, means a local law enforcement officer within the meaning of the corresponding law of that jurisdiction.

interstate offender means an offender who is subject to an interstate sentence.

local law enforcement officer means a correctional officer or community corrections officer (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a police officer.

local offender means an offender who is subject to a local sentence.

Ministerial arrangements means arrangements referred to in section 27B.

s 27A: Ins 2012 No 79, Sch 1 [8]. Am 2018 No 87, Sch 1.12.

(1)  The Minister may enter into arrangements with the corresponding Minister of an interstate jurisdiction so as to facilitate:

(a)  the administration, within this jurisdiction, of interstate sentences imposed under a law of the interstate jurisdiction, and

(b)  the administration, within the interstate jurisdiction, of local sentences,

either in relation to particular local or interstate offenders or particular classes of local or interstate offenders.

(2)  In particular, such arrangements may be entered into so as to facilitate:

(a)  travel to the interstate jurisdiction by local offenders, and

(b)  travel to this jurisdiction by interstate offenders.

(3)  The local authority has, and may exercise, such powers, authorities, duties and functions as are necessary, under the relevant Ministerial arrangements, for the administration of interstate sentences in relation to interstate offenders who are present in this jurisdiction.

(4)  For the purposes of the law of this jurisdiction with respect to local sentences, anything that is done:

(a)  by the appropriate interstate authority of an interstate jurisdiction, and

(b)  in accordance with the relevant Ministerial arrangements, and

(c)  in the administration of a local sentence in relation to a local offender who is present in the interstate jurisdiction,

is taken to have been done pursuant to the law of this jurisdiction.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

(1)  This section applies to a local offender whose sentence is subject to a condition (whether imposed by the sentence or otherwise) that prohibits the offender from leaving this jurisdiction without permission.

(2)  Permission to leave this jurisdiction is to be granted, varied and revoked, and conditions of permission are to be imposed and varied, in accordance with the relevant Ministerial arrangements.

(3)  As soon as practicable after any such permission is granted, the local authority:

(a)  must incorporate the terms and conditions of the permission in an interstate travel permit, and

(b)  must provide a copy of the permit to the offender, and

(c)  must provide:

(i)  a copy of the permit, and

(ii)  such other documents or information about the offender as are required or authorised to be sent under the relevant Ministerial arrangements,

to the interstate authority of each interstate jurisdiction to which the permit authorises travel.

(4)  As soon as practicable after the terms or conditions of any such permission are varied, the local authority:

(a)  must incorporate the terms and conditions of the permission, as varied, in an amended interstate travel permit, and

(b)  must provide a copy of the amended permit to the offender, and

(c)  must provide:

(i)  a copy of the amended permit, and

(ii)  such other documents or information as are relevant to the variation,

to the interstate authority of each interstate jurisdiction to which the permit authorises travel.

(5)  As soon as practicable after any such permission is revoked, the local authority must provide written notice of that fact to the offender and to the interstate authority of each interstate jurisdiction to which the permit authorised travel.

(6)  An interstate travel permit ceases to have effect in an interstate jurisdiction to which it authorises travel:

(a)  if written notice referred to in subsection (5) is provided to the interstate authority of that jurisdiction (regardless of whether or not the offender has received such notice), or

(b)  if the offender is arrested pursuant to a warrant issued under the corresponding law of that jurisdiction.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

(1)  This section applies in respect of any period during which:

(a)  an interstate travel permit is in force in respect of a local offender, and

(b)  the local offender is present in an interstate jurisdiction to which the permit authorises travel.

(2)  For the purposes of the law of this jurisdiction with respect to local sentences:

(a)  the conditions of the interstate travel permit are taken to be substituted for the conditions of the relevant local sentence, and

(b)  any compliance or non-compliance by the offender with the conditions of the interstate travel permit is taken to be compliance or non-compliance, as the case may be, with the conditions of the relevant local sentence.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

(1)  This section applies to an interstate offender:

(a)  who holds an interstate travel permit that authorises the offender to travel to this jurisdiction, and

(b)  who is present in this jurisdiction.

(2)  The local authority may issue a warrant for the offender’s arrest:

(a)  if advised by the relevant interstate authority that the interstate travel permit is no longer in force in this jurisdiction, or

(b)  if of the opinion that the offender has failed to comply with the conditions of the interstate travel permit.

(3)  A warrant under subsection (2) is sufficient authority for a local law enforcement officer:

(a)  to arrest the offender, and

(b)  to convey the offender to a place specified in the warrant (whether in this jurisdiction or an interstate jurisdiction), and

(c)  to deliver the offender into the custody of an interstate law enforcement officer of the jurisdiction in which the interstate travel permit was issued.

(4)  For the avoidance of doubt, such a warrant authorises a local law enforcement officer to convey the offender within or across any interstate jurisdiction for the purpose of taking the offender to a place specified in the warrant.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

A warrant issued under the corresponding law of an interstate jurisdiction that authorises an interstate law enforcement officer of that jurisdiction to convey an interstate offender or local offender within or across this jurisdiction for the purpose of taking the offender to a place specified in the warrant has effect, in this jurisdiction, according to its tenor.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

Nothing in this Act is intended to limit or otherwise affect the operation of the Service and Execution of Process Act 1992 of the Commonwealth.

ss 27B–27G: Ins 2012 No 79, Sch 1 [8].

(1)  This section applies if:

(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 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.

(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 in the interstate jurisdiction, or

(b)  the outcome of any appeal or review in this jurisdiction affecting the sentence.

(1)  This section applies if:

(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 register kept under the corresponding law of the interstate jurisdiction (the interstate register) is not, 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

(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, 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.

(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.

(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, 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:

(a)  details of a community based sentence or the offender in relation to a community based sentence,

(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 contrary.

(6)  A court must or may admit into evidence other documents prescribed by the regulations in the circumstances prescribed by the regulations.

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Schedule 1 has effect.

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.