Crimes (High Risk Offenders) Act 2006 (NSW)

Crimes (High Risk Offenders) Act 2006 No 7

An Act to provide for the supervision and detention of high risk sex offenders and high risk violent offenders; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Crimes (High Risk Offenders) Act 2006.

2 Commencement This Act commences on the date of assent.

3 Objects of Act (1) The primary object of this Act is to provide for the extended supervision and continuing detention of high risk sex offenders and high risk violent offenders so as to ensure the safety and protection of the community. (2) Another object of this Act is to encourage high risk sex offenders and high risk violent offenders to undertake rehabilitation.

4 Definitions (1) In this Act— adult means a person who is not a child. aggregate sentence of imprisonment has the same meaning as in the Crimes (Sentencing Procedure) Act 1999. Assessment Committee means the High Risk Offenders Assessment Committee established by section 24AB. business day means any day that is not a Saturday, Sunday or public holiday. child means a person who is under the age of 16 years. continuing detention order means an order for the detention of an offender made under section 5C. correctional centre has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999. Corrective Services NSW has the same meaning it has in the Crimes (Administration of Sentences) Act 1999. corrective services officer means a correctional officer or community corrections officer within the meaning of the Crimes (Administration of Sentences) Act 1999. cumulative sentence of imprisonment means 2 or more sentences of imprisonment in which each sentence of imprisonment is served concurrently or consecutively, or partly concurrently and partly consecutively, with 1 or more of the other sentences of imprisonment. emergency detention order means an emergency order for the detention of an offender made under section 18CB. extended supervision order means an order for the supervision of an offender made under section 5B. interim detention order means an interim order for the detention of an offender made under section 18A. interim supervision order means an interim order for the supervision of an offender made under section 10A. Justice Health and Forensic Mental Health Network means the statutory health corporation of that name specified in Schedule 2 to the Health Services Act 1997. offence of a sexual nature—see section 5 (2). offender—see section 4A. qualified psychiatrist means a registered medical practitioner who is a fellow of the Royal Australian and New Zealand College of Psychiatrists. sentencing court, in relation to an offender serving a sentence of imprisonment, means— (a) the court by which the sentence was imposed, and (b) any court that heard an appeal in respect of that sentence. serious offence means— (a) a serious sex offence, or (b) a serious violence offence. serious sex offence—see section 5 (1). serious violence offence—see section 5A. supporting documentation, in relation to proceedings under Part 2 or 3, means the documentation referred to in section 6 (3) or 14 (3), as the case requires. (2) A reference in this Act to an offender in lawful custody includes, where used in relation to an offender who is subject to an extended supervision order or interim supervision order, a reference to the offender being in lawful custody during a period for which the offender is on remand for any offence.