Criminal Law (High Risk Offenders) Act 2015 (SA)

South Australia Criminal Law (High Risk Offenders) Act 2015 An Act to provide for the making of extended supervision orders and continuing detention orders in relation to certain serious offenders; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Object of Act 4 Interpretation 5 Meaning of high risk offender 5A Meaning of terror suspect 6 Application of Act Part 2—Extended supervision orders 7 Proceedings 8 Parties 9 Interim supervision orders 10 Supervision orders—terms and conditions 11 Conditions of extended supervision orders imposed by Parole Board 12 Duration of extended supervision order 13 Variation and revocation of supervision order 14 Consequential and ancillary orders Part 3—Continuing detention orders 15 Arrest and detention of person subject to supervision order on warrant 16 Arrest and detention of person subject to supervision order without warrant 17 Proceedings before Parole Board under this Part 18 Continuing detention orders 19 Variation and revocation of continuing detention order Part 4—Miscellaneous 19A Special procedures for terror suspects 20 Court may obtain reports 21 Inquiries by health professionals 22 Appeals 23 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Criminal Law (High Risk Offenders) Act 2015. 3—Object of Act The object of this Act is to provide the means to protect the community from being exposed to an appreciable risk of harm posed by various serious offenders. 4—Interpretation (1) In this Act, unless the contrary intention appears— CE means the chief executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982; Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; community corrections officer means an officer or employee of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community; continuing detention order—see section 18(2); detainee means a person who is detained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935; extended supervision order means an order under this Act made by the Supreme Court for the supervision of a high risk offender; government custody means custody as a prisoner or detainee; high risk offender—see section 5; interim supervision order—see section 9; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); Parole Board means the Parole Board of South Australia; prescribed authority means the authority prescribed by the regulations for the purposes of sections 7(3) and 21; prescribed health professional means— (a) a qualifying psychologist; or (b) a medical practitioner, nominated by the prescribed authority; prisoner has the same meaning as in the Correctional Services Act 1982; psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); qualifying psychologist means a psychologist who— (a) has at least 5 years experience as a psychologist; and (b) either— (i) has an endorsement from the Psychology Board of Australia as a forensic psychologist; or (ii) has, in the opinion of the prescribed authority, sufficient experience in the forensic mental health field to properly carry out functions as a prescribed health professional; relevant expiry date means— (a) in relation to a high risk offender who is serving a sentence of imprisonment (whether the offender is in prison or on release on home detention or parole)— (i) if the offender is not serving a sentence of life imprisonment—the date on which the term, or terms, of imprisonment to which the offender was sentenced expire; and (ii) if the offender is serving a sentence of life imprisonment—the date on which the sentence of imprisonment will be taken to have been wholly satisfied; and (b) in relation to a high risk offender who is subject to an existing extended supervision order—the date on which the extended supervision order expires; respondent—see section 7(1); serious offence of violence has the same meaning as in section 83D(1) of the Criminal Law Consolidation Act 1935; serious sexual offence means any of the following offences where the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years: (a) — (i) an offence under section 48, 48A, 49, 50, 51, 56, 58, 59, 60, 63, 63B, 66, 67, 68 or 72 of the Criminal Law Consolidation Act 1935; (ii) an offence against a corresponding previous enactment substantially similar to an offence referred to in subparagraph (i); (iii) an attempt to commit or an assault with intent to commit any of the offences referred to in either of the preceding subparagraphs; (b) an offence against the law of another State or a Territory corresponding to an offence referred to in paragraph (a); serious sexual offender means a person convicted (whether before or after the commencement of this Act) of a serious sexual offence; serious violent offender means a person convicted (whether before or after the commencement of this Act) of a serious offence of violence; supervision order means an extended supervision order or an interim supervision order; terrorism intelligence authority means a terrorism intelligence authority designated by regulations under section 74B of the Police Act 1998; terrorism notification means a terrorism notification under section 74B of the Police Act 1998; terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; terrorist offence means— (a) an offence against Division 72 Subdivision A of the Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or (b) a terrorism offence against Part 5.3 of the Commonwealth Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or (c) an offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements); or (d) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or (e) an offence of a kind prescribed by the regulations for the purposes of this definition; terror suspect—see section 5A; youth has the same meaning as in the Young Offenders Act 1993. (2) A reference to the Attorney‑General in a provision of this Act relating to any application or proceedings will be read as a reference to— (a) in the case of an application or proceedings involving a terror suspect—the Commonwealth Attorney‑General or the State Attorney‑General; or (b) in any other case—the State Attorney‑General. 5—Meaning of high risk offender For the purposes of this Act, a high risk offender is— (a) a serious sexual offender who was sentenced to a period of imprisonment in respect of the serious sexual offence; or (b) a person referred to in paragraph (a) who is serving a sentence of imprisonment any part of which is in respect of any of the following offences: (i) an offence under section 58 or 63A of the Criminal Law Consolidation Act 1935; (ii) an offence under section 44, 45, 65 or 66N(2) of the Child Sex Offenders Registration Act 2006; (iii) an offence under section 99I of the Summary Procedure Act 1921; (iv) an offence prescribed by the regulations for the purposes of this paragraph; or (c) a serious violent offender who was sentenced to a period of imprisonment in respect of the serious offence of violence; or (ca) a terror suspect who is serving a sentence of imprisonment; or (cb) a person who is serving a sentence of imprisonment in relation to an offence against section 241 of the Criminal Law Consolidation Act 1935 where the offence committed by the principal offender (within the meaning of that section) was a serious offence of violence or serious sexual offence; or (d) a person who is subject to an extended supervision order. 5A—Meaning of terror suspect (1) Subject to this section, a person is a terror suspect for the purposes of this Act if the person— (a) is, or has previously been, charged with a terrorist offence; or (b) has ever been convicted of a terrorist offence; or (c) is the subject of a terrorism notification; or (d) is, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code. (2) For the purposes of subsection (1)(a), a person is only taken to have been charged with an offence if an information or other initiating process charging the person with the offence has been filed in a court. (3) A person is not a terror suspect for the purposes of this Act if the person is a terrorist offender within the meaning of subsection 105A.3(1) of the Commonwealth Criminal Code. 6—Application of Act (1) Subject to subsection (2), this Act does not apply in relation to a youth. (2) This Act applies (with any modifications prescribed by the regulations) in relation to a youth who is of or above the age of 16 years and is a terror suspect.