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Corrective Services Amendment Bill 2002
CORRECTIVE SERVICES AMENDMENT
BILL 2002
EXPLANATORY NOTES
GENERAL OUTLINE
Short Title of Bill
Corrective Services Amendment Bill 2002
Policy objectives of the Bill
The purpose of the Corrective Services Amendment Bill 2002 (CSA Bill)
is to amend section 57 and Schedule 1 of the Corrective Services Act 2000
(the Act) to ensure the ongoing viability of the Work Outreach Camps
(WORC) Program without compromising community safety.
Reasons for the objectives
The statutory purpose of corrective services is community safety and
crime prevention through the humane containment, supervision and
rehabilitation of offenders. Under the Act the chief executive of the
Department of Corrective Services is responsible for ensuring the provision
of services and programs to help prisoners to be integrated into the
community after their release from custody, including by acquiring skills.
The WORC Program was established to assist with the clean up
following the Charleville floods in 1990. With the commencement of the
Act on 1 July 2001 the program has been accorded a specific legislative
basis pursuant to sections 56 and 57. The program accommodates male
prisoners and is consistent with the department's rehabilitation function
under the Act. The program has also provided benefits to western
communities in which WORC camps are located. For instance, between 1
July 1995 and 30 June 2000 the program delivered 441,408 community
service hours to the value of $5,010,302. In November 2000 the program
received the Premier's Award for Excellence in the category of Services to
Rural and Regional Queensland in recognition of its achievements in
working in partnership with regional and rural communities.
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Corrective Services Amendment Bill 2002
To ensure community safety, section 57 of the Act provides that a
prisoner is not eligible to participate in the WORC Program if the prisoner
has been convicted of an offence under a provision of the Criminal Code
mentioned in Schedule 1 of the Act (`Ineligibility Offences'). Schedule 1
was based on the schedule of serious violent offences contained in the
Penalties and Sentences Act 1992 (PS Act).
Since 1 July 2001 the number of prisoners participating in the WORC
Program has been declining. This decline is affecting the program's
ongoing viability. Three particular offences in Schedule 1 have been
identified as contributing to this decline. These offences are: dangerous
operation of a vehicle (section 328A, Criminal Code), burglary (section
419(3)(b) [particularly, sub-paragraphs (iii) and (iv)], Criminal Code) and
entering or being in premises and committing indictable offences (section
421(2), Criminal Code). Prior to 1 July 2001 prisoners convicted of such
offences, provided they had not been declared under the PS Act to have
been convicted of a serious violent offence, would have been considered
eligible to participate in the program.
How policy objectives will be achieved
The CSA Bill will achieve the objective of ensuring the WORC
Program's ongoing viability without compromising community safety by
adopting a three-pronged approach. Firstly, the CSA Bill omits references
to sections 328A (Dangerous operation of a vehicle) and 421(2) (Entering
or being in premises and committing indictable offences) of the Criminal
Code from Schedule 1 of the Act.
Secondly, the CSA Bill amends the reference to section 419(3)(b) of the
Criminal Code in Schedule 1 of the Act limiting it to section 419(1) (if the
circumstances mentioned in section 419(3)(b)(i) or (ii) applied) of the
Code. Respectively, sub-paragraphs (i) and (ii) relate to the offence of
burglary where an offender: uses or threatens to use actual violence; or, is
or pretends to be armed with a dangerous or offensive weapon, instrument
or noxious substance. Circumstances mentioned in section 419(3)(b)(iii)
and (iv) of the Criminal Code (which relate to the offence of burglary
where an offender is in company with one or more persons, or where an
offender damages, or threatens or attempts to damage, any property) do not
of necessity involve direct physical harm and violence and the inclusion of
these in Schedule 1 is inconsistent with the WORC ineligibility criteria that
operated prior to the commencement of the Act on 1 July 2001.
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Corrective Services Amendment Bill 2002
Thirdly, the CSA Bill amends section 57(1) of the Act to include a further
stipulation that a prisoner is not eligible to participate in the WORC
Program if the prisoner has been convicted of an offence under section
328A, 419(1) (and the circumstances mentioned in section 419(3)(b)(iii) or
(iv) applied), or 421(2) of the Criminal Code and the conviction is, under
the PS Act, section 161A, a conviction of a serious violent offence. This
will mean that a prisoner convicted of any of these provisions will be
eligible to participate in the program provided he has not been declared
under the PS Act to have been convicted of a serious violent offence.
It is considered that the CSA Bill amendments will not place the
community at any greater risk. Currently, the chief executive is required
under section 57(2) of the Act to consider certain strict criteria, including
the risk the prisoner might pose to the community, before deciding whether
to allow a prisoner to participate in the WORC Program. Therefore, simply
because a prisoner has not committed an offence listed in Schedule 1 of the
Act does not mean that approval for the prisoner to participate in the
program would automatically be given.
The CSA Bill amendment to section 57(1) of the Act is an additional
community safety mechanism to ensure that a prisoner who is convicted of
an offence against section 328A, 419(1) (if the circumstances mentioned in
section 419(3)(b)(iii) or (iv) applied), or 421(2) of the Criminal Code, and
the conviction is, under the PS Act, section 161A, a conviction of a serious
violent offence, is not eligible to participate in the WORC Program.
With the CSA Bill amendments the WORC Program ineligibility
provisions of the Act will largely relate to sex offences and serious violent
offences that endanger lives. The provisions will thus more closely reflect
the WORC ineligibility criteria that operated prior to the commencement of
the Act on 1 July 2001.
Administrative costs
The WORC Program is funded through Appropriations. The increase in
costs associated with these amendments relates primarily to catering costs,
and can be met from existing funding levels.
Consistency with fundamental legislative principles
The CSA Bill is not considered to infringe any fundamental legislative
principle.
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Corrective Services Amendment Bill 2002
Consultation
Consultation was undertaken with the Department of the Premier and
Cabinet and the Department of Justice and Attorney-General. Consultation
also occurred with the Local Government Association of Queensland Inc.
Consideration was given to the views of several western Queensland
communities who made representations to the Minister for Police and
Corrective Services.
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Act.
Clause 2 provides that the Act amends the Corrective Services Act 2000.
Clause 3 provides for section 57(1)(e) of the Corrective Services Act
2000 to be omitted and for another provision to be inserted with respect to
the WORC Program ineligibility criteria. Under paragraph (i) a prisoner is
not eligible to participate in the program if the prisoner has been convicted
of an offence against a provision mentioned in schedule 1. While this
paragraph is an almost direct translation of the current provision in the
Corrective Services Act 2000, paragraph (ii) is a new provision designed to
ensure that a prisoner who has been convicted of an offence against section
328A, 419(1) and the circumstances mentioned in section 419(3)(b)(iii) or
(iv) applied, or 421(2) of the Criminal Code, and the conviction is, under
the Penalties and Sentences Act 1992, section 161A, a conviction of a
serious violent offence, is also not eligible to participate in the program.
This means that a prisoner convicted under these provisions will be eligible
to participate in the program provided he has not been declared to have
been convicted of a serious violent offence.
Clause 4 amends Schedule 1 of the Corrective Services Act 2000
("Ineligibility Offences") by omitting the entries for sections 328A,
419(3)(b) and 421(2) of the Criminal Code and inserting sections 419(1)
(Burglary) if the circumstances mentioned in section 419(3)(b)(i) or (ii) of
the Code applied.
� State of Queensland 2002