Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to confirm current arrangements for the care, control and
management of inmates in connection with the designation of inmates for the
management of security and other risks and the separation of inmates from other
inmates in a correctional centre.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Schedule 1 Amendment of Crimes (Administration
of Sentences) Act 1999 No 93
Schedule 1 [1] confirms current arrangements that conditions of custody of inmates
may vary for different inmates (including with respect to association of inmates in
the same correctional centre). The amendment confirms that inmates or groups of
inmates may be held separately from other inmates in a correctional centre for the

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Explanatory note page 2

Crimes (Administration of Sentences) Amendment Bill 2009
Explanatory note
purposes of the care, control or management of the inmates or groups of inmates.

Any such separation may arise from a requirement of the Crimes (Administration of
Sentences) Act 1999 or the regulations, the classification or designation of the
inmates, any program undertaken by the inmates or any intensive monitoring
required of the inmates. The amendment also confirms that inmates may be held
separately from other inmates without the making of a segregated custody direction.

The amendment ensures that anything previously done or omitted that would have
been validly done or omitted had the amendment been in force at that time, is taken
to have been validly done or omitted.

Schedule 1 [2] confirms that the regulations may make further provision for the
designation of inmates for the management of security or other risks.

Schedule 1 [3] enables savings and transitional regulations to be made as a
consequence of the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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