Criminal Law (High Risk Offenders) (Miscellaneous) Amendment Bill 2024 (SA)

South Australia Criminal Law (High Risk Offenders) (Miscellaneous) Amendment Bill 2024 A Bill For An Act to amend the Criminal Law (High Risk Offenders) Act 2015.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Criminal Law (High Risk Offenders) Act 2015 3 Amendment of section 4—Interpretation 4 Substitution of section 5 5 Meaning of high risk offender 5 Substitution of section 6 6 Application of Act 6 Amendment of section 7—Proceedings 7 Amendment of section 9—Interim supervision orders 8 Amendment of section 10—Supervision orders—terms and conditions 9 Amendment of section 11—Conditions of extended supervision orders imposed by Parole Board 10 Amendment of section 13—Variation and revocation of supervision order 11 Insertion of section 13A 13A Variation or revocation of condition of extended supervision order by Parole Board on application 12 Amendment of section 14—Consequential and ancillary orders 13 Amendment of section 18—Continuing detention orders 14 Insertion of Part 3A Part 3A—Inter‑agency cooperation 19AA Interpretation 19AAB Exchange of information 15 Amendment of section 22—Appeals Schedule 1—Transitional provisions 1 Transitional provisions

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) (Miscellaneous) Amendment Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Criminal Law (High Risk Offenders) Act 2015 3—Amendment of section 4—Interpretation (1) Section 4(1), definition of detainee—delete "a person who is detained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935;" and substitute: a person who is— (a) detained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935; or (b) detained in immigration detention (within the meaning of the Migration Act 1958 of the Commonwealth); (2) Section 4(1)—definition of extended supervision order—after "an order under" insert: section 7 of (3) Section 4(1)—after the definition of high risk offender insert: home detention has the same meaning as in the Correctional Services Act 1982; (4) Section 4(1), definition of relevant expiry date, (a)—delete "(whether the offender is in prison or on release on home detention or parole)" (5) Section 4(1), definition of serious sexual offence—after paragraph (b) insert: (c) an offence against a law of the Commonwealth that, ignoring any element of the Commonwealth law relating to the location of the offence, corresponds to an offence referred to in paragraph (a); (6) Section 4(1), definition of youth—delete the definition (7) Section 4—after subsection (2) insert: (3) A reference in this Act to a person convicted of an offence includes a person who was, at the time they were convicted of the offence, under the age of 18 years. (4) A reference in this Act to a person who is serving a sentence of imprisonment includes a person who is serving a sentence of imprisonment on release on home detention or on parole. 4—Substitution of section 5 Section 5—delete the section and substitute: 5—Meaning of high risk offender For the purposes of this Act, a high risk offender is— (a) a serious sexual offender who is serving a sentence of imprisonment imposed in respect of a serious sexual offence; or (b) a serious sexual offender 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 Criminal Procedure Act 1921; (iv) an offence prescribed by the regulations for the purposes of this paragraph; or (c) a serious sexual offender who is serving a sentence of imprisonment imposed in respect of any other offence to be served concurrently or consecutively with a sentence of imprisonment in respect of a serious sexual offence; or (d) a serious violent offender who is serving a sentence of imprisonment imposed in respect of a serious offence of violence; or (e) a serious violent offender who is serving a sentence of imprisonment imposed in respect of any other offence to be served concurrently or consecutively with a sentence of imprisonment in respect of a serious offence of violence; or (f) a terror suspect who is serving a sentence of imprisonment; or (g) 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 (h) a person who is subject to an extended supervision order; or (i) a person who is serving a sentence of imprisonment during the course of which an extended supervision order applying to the person expires. 5—Substitution of section 6 Section 6—delete the section and substitute: 6—Application of Act (1) Subject to subsection (2), an application for a supervision order under this Act may not be made in respect of a person who is under the age of 18 years. (2) An application for a supervision order under this Act may be made in respect of a person who— (a) is of or above the age of 16 years; and (b) is a terror suspect, and in such a case this Act will apply with any modifications as may be prescribed by the regulations. 6—Amendment of section 7—Proceedings (1) Section 7(2)—delete "extended supervision order may only be made within 12 months of" and substitute: order under this section may only be made within the 12 months preceding (2) Section 7(3)(d)—delete "paragraph (cb)" and substitute: paragraph (g) (3) Section 7—after subsection (6) insert: (6a) In determining whether to make an order under this section in respect of the respondent, the Court must not take into consideration any intention of the respondent to leave this State (whether permanently or temporarily). 7—Amendment of section 9—Interim supervision orders (1) Section 9(1)(a)—after "is determined" insert: or has already occurred (2) Section 9—after subsection (2) insert: (3) The obligations of a person subject to an interim supervision order are suspended during any period that the person is in government custody. 8—Amendment of section 10—Supervision orders—terms and conditions (1) Section 10(1)—after paragraph (d) insert: (da) a condition that the person subject to the order is prohibited from leaving the State without the permission of the Supreme Court or the Parole Board, which may be subject to the terms and conditions that the Court or the Parole Board (as the case requires) thinks fit; (2) Section 10—after subsection (4) insert: (5) The Supreme Court or the Parole Board may only give permission to a person under subsection (1)(da) if the person provides information about their proposed travel out of the State, including any particulars prescribed by the regulations, to the Court, the Parole Board or any other person specified by the Court or the Board. 9—Amendment of section 11—Conditions of extended supervision orders imposed by Parole Board Section 11(2)—delete "on application by the Attorney-General or the person subject to an extended supervision order, or" 10—Amendment of section 13—Variation and revocation of supervision order (1) Section 13, heading—after "order" insert: by Supreme Court (2) Section 13(1)—after "Parole Board)" insert: , impose further conditions on the order (3) Section 13—after subsection (3) insert: (4) If the Supreme Court is of the opinion that an application under subsection (1) for the variation of a condition of an order should be determined by the Parole Board, the Court may refer the application to the Board for determination. (5) The Supreme Court may make rules in respect of the transfer of specified classes of applications to the Parole Board. (6) If an application is transferred or referred to the Parole Board under this section, the application will proceed as if it had been made to the Parole Board and a reference to the Supreme Court in this section will be taken to be a reference to the Board (as the case requires). 11—Insertion of section 13A After section 13 insert: 13A—Variation or revocation of condition of extended supervision order by Parole Board on application (1) The Parole Board may, on application made by the Attorney-General or a person subject to an extended supervision order, vary or revoke a condition of the order (including a condition imposed by the Supreme Court) or impose further conditions on the order. Note— The Parole Board may, of its own motion under section 11, vary or revoke a condition of the order imposed by the Board or impose further conditions on the order. (2) A person subject to an extended supervision order may only apply under subsection (1) for the variation or revocation of a condition imposed by the Supreme Court with the permission of the Parole Board. (3) The Parole Board may only grant permission under subsection (2) if satisfied that— (a) there has been a material change in circumstances relating to the person or extended supervision order; and (b) it is in the interests of justice to grant permission. (4) The Parole Board must give notice of each application under this section to the Supreme Court. (5) The Parole Board must not exercise its powers under this section unless the person subject to the order and the Attorney-General have been afforded a reasonable opportunity to make submissions to the Parole Board on the matter, and the Board has considered any submissions so made. (6) The Parole Board may only vary or revoke the condition imposed by section 10(1)(b) if satisfied that— (a) there are cogent reasons to do so; and (b) the possession of the firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public. (7) The Parole Board must, on varying an extended supervision order or imposing a further condition on an order— (a) provide the person the subject of the order with a copy of the order as varied by the Board; and (b) take all reasonable steps to explain to the person the subject of the order the terms and conditions of the order and, in particular— (i) the person's obligations under the order; and (ii) the consequences that may follow from a failure to comply with the order; and (c) forward a copy of the order as varied to the Supreme Court and to the Commissioner of Police. (8) If the Parole Board is of the opinion that an application under subsection (1) for the variation of a condition of an order (including the question of permission under subsection (2)) should be determined by the Supreme Court, the Parole Board may refer the application to the Court. (9) If the Supreme Court is of the opinion that an application made under subsection (1) should be determined by the Court, the Court may order that the application be heard and determined by the Court. (10) The Supreme Court may make rules in respect of the transfer of specified classes of applications to the Court. (11) If an application is transferred or referred to the Supreme Court under this section, the application will proceed as if it had been made to the Court and a reference to the Parole Board in this section will be taken to be a reference to the Court (as the case requires). (12) For the purposes of proceedings under this section, a member of the Parole Board may summon the person the subject of the proceedings to appear before the Board. (13) If a person who has been summoned to appear before the Parole Board fails to attend in compliance with the summons, the Board may— (a) determine the proceedings in the person's absence; or (b) direct a member of the Board to— (i) issue a warrant; or (ii) apply to a magistrate for a warrant, for the apprehension and detention of the person for the purpose of bringing them before the Board. (14) A magistrate must, on application under this section, issue a warrant for the apprehension and detention of a person, unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant. (15) The Parole Board may, if it thinks good reason exists for doing so, cancel a warrant issued under this section at any time before its execution. 12—Amendment of section 14—Consequential and ancillary orders Section 14—after subsection (2) insert: (2a) The Parole Board may, on varying an extended supervision order, make any consequential or ancillary order it thinks fit in the circumstances of the particular case. 13—Amendment of section 18—Continuing detention orders (1) Section 18(2)—delete "until the expiration of the supervision order, or for such lesser period as may be specified by the Court." and substitute: — (c) until the expiration of the breached supervision order; or (d) if a further supervision order is made in respect of the person—until the expiration of that further supervision order; or (e) for such lesser period as may be specified by the Court. (2) Section 18—after subsection (4) insert: (4a) If the Supreme Court declines to make a continuing detention order in respect of a person the subject of proceedings under this section the Court may— (a) vary or revoke a condition of the supervision order applying in respect of the person or impose further conditions on the supervision order; and (b) order that the person be detained in custody beyond the determination of the proceedings— (i) pending circumstances reasonably necessary for the purposes of ensuring the person's compliance with a condition of the supervision order being in place; or (ii) in exceptional circumstances, for a period necessary in the circumstances of the case. (4b) If the Supreme Court makes a continuing detention order in respect of a person the subject of proceedings under this section and the continuing detention order will expire before the supervision order applying to the person expires, the Court may vary or revoke a condition of the supervision order or impose further conditions on the supervision order. 14—Insertion of Part 3A After Part 3 insert: Part 3A—Inter‑agency cooperation 19AA—Interpretation In this Part— corresponding law means a law of the Commonwealth or of another State or a Territory of the Commonwealth, that substantially corresponds to this Act; interstate relevant agency means an agency of the Commonwealth or of another State or a Territory of the Commonwealth, prescribed by the regulations as an interstate relevant agency; relevant agency means a public sector agency prescribed by the regulations as a relevant agency. 19AAB—Exchange of information (1) A relevant agency may enter into an arrangement (a cooperative protocol) with 1 or more interstate relevant agencies in respect of the sharing or exchange of information between the relevant agency and the interstate relevant agencies. (2) The information to which a cooperative protocol may relate is limited to the following: (a) information concerning high risk offenders; (b) information concerning a person, or person of a class, subject to an order under a corresponding law; (c) any other information prescribed by the regulations. (3) For the purposes of a cooperative protocol, a relevant agency is authorised— (a) to request and receive information held by an interstate relevant agency that is party to the cooperative protocol; and (b) to disclose information to an interstate relevant agency that is party to the cooperative protocol, to the extent that the information is reasonably necessary to assist in the exercise of functions under this Act or the functions of the interstate relevant agencies concerned. (4) This section does not limit the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body. 15—Amendment of section 22—Appeals Section 22(1)—after "continuing detention order" insert: or to refuse to make such an order