1Short title
This Act may be cited as the Serious Sex Offenders Act 2013.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Serious Sex Offenders Act 2013.
This Act commences on the day fixed by the Administrator by Gazette notice.
The primary object of this Act is to enhance the protection and safety of victims of serious sex offences and the community generally by allowing for the control, by continued detention or supervised release, of offenders who have committed serious sex offences and pose a serious danger to the community.
The secondary object of this Act is to provide for the continuing rehabilitation, care and treatment of those offenders.
In this Act:
alleged contravention, see section 48(1).
approved monitoring device, see section 164 of the Correctional Services Act 2014.
business day means a day other than a Saturday, Sunday or public holiday.
continuing detention order, see section 8(1).
detainee means a person subject to a continuing detention order.
Director of the CVSU means the Director of the CVSU appointed under section 6 of the Victims of Crime Rights and Services Act 2006.
final continuing detention order, see section 8(2)(a).
final supervision order, see section 13(2)(a).
health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student).
in custody means:
(a) in the lawful custody of the Commissioner of Correctional Services (as defined in section 4 of the Correctional Services Act 2014); or
(b) in lawful custody within the meaning of section 84(1) of the Mental Health and Related Services Act 1998.
interim continuing detention order, see section 8(2)(b).
interim supervision order, see section 13(2)(b).
medical assessment order, see section 79(1).
medical expert means a health practitioner registered to practise:
(a) in the medical profession in the recognised specialty of psychiatry; or
in a health profession prescribed by regulation.
medical report, see section 79(2)(b)(i).
offence of a sexual nature means:
a serious sex offence; or
any of the following:
(i) an offence against a provision listed in Schedule 2, subject to any qualification specified opposite the provision;
(ii) an offence against a provision that was listed in Schedule 2 at the time the offence was committed;
(iii) an offence substantially corresponding to an offence mentioned in subparagraph (i) or (ii) against a law of another jurisdiction (including a jurisdiction outside Australia);
(iv) an offence of attempting, or of conspiracy or incitement to commit, an offence mentioned in subparagraph (i), (ii) or (iii).
offender, for Part 8, Division 2, see section 83(1)(a).
original decision, see section 102(1).
parole order, see section 3(1) of the Parole Act 1971.
probation and parole officer, see section 4 of the Correctional Services Act 2014.
qualifying offender, see section 22(1).
registered person, for Part 8, Division 2, see section 83(1)(c).
requirement, for a supervision order, means a requirement included in the order under section 18 or 19.
serious danger to the community, see section 6(1).
serious sex offence means any of the following:
(a) an offence against a provision listed in Schedule 1, subject to any qualification specified opposite the provision;
(b) an offence against a provision that was listed in Schedule 1 at the time the offence was committed;
(c) an offence substantially corresponding to an offence mentioned in paragraph (a) or (b) against:
a law that has been repealed; or
(ii) a law of another jurisdiction (including a jurisdiction outside Australia);
(d) an offence of attempting, or of conspiracy or incitement to commit, an offence mentioned in paragraph (a), (b) or (c).
supervisee means a person subject to a supervision order.
supervision order, see section 13(1).
Victims Register means the register as defined in section 4 of the Victims of Crime Rights and Services Act 2006.
victim submission, see section 84.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 5
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(1) A person is a serious danger to the community if there is an unacceptable risk that he or she will commit a serious sex offence unless he or she is in custody or subject to a supervision order.
(2) In deciding whether a person is a serious danger to the community, a court must have regard to the following:
(a) the likelihood of the person committing another serious sex offence;
(b) the impact of serious sex offences committed, or likely to be committed, by the person on:
victims of those offences and the victims' families; and
members of the community generally;
the need to protect people from those impacts.
A court must not decide that a person is a serious danger to the community unless it is satisfied, to a high degree of probability, that there is acceptable and cogent evidence of sufficient weight to justify the decision.
The Attorney‑General has the onus of satisfying the court that the person is a serious danger to the community.
(1) A continuing detention order is an order that the person subject to the order (the detainee) be detained in custody.
A continuing detention order may be:
(a) a final continuing detention order – being a continuing detention order, made on the determination of a proceeding, under which the detainee is to be detained indefinitely; or
(b) an interim continuing detention order – being a continuing detention order, made on an interim basis while a proceeding is before a court, under which the detainee is to be detained pending determination of the proceeding.
(3) A continuing detention order has effect as a warrant committing the detainee into custody in accordance with the terms of the order.
(4) If the detainee is not in custody when a continuing detention order comes into force, the order also has effect as a warrant for his or her arrest.
Note for section 8
A final continuing detention order may be made under section 31(1) or 58(1)(b)(ii). An interim continuing detention order may be made under section 30(2), 52(a), 54(3), 58(1)(b)(i), 105(2) or 107(2).
(1) In deciding whether to make, confirm or revoke a continuing detention order in relation to a person, a court must have regard to the following:
as the paramount consideration – the need to protect:
(i) victims of serious sex offences committed, or likely to be committed, by the person; and
the victims' families; and
members of the community generally;
(b) as a secondary consideration – the desirability of providing rehabilitation, care and treatment for the person.
(2) In considering the need for protection mentioned in subsection (1)(a), the court must have regard to the following:
(a) the likelihood of the person committing another serious sex offence;
(b) whether adequate protection could reasonably be provided by making a supervision order in relation to the person.
A continuing detention order comes into force:
(a) if the detainee is a qualifying offender when the order is made – when he or she ceases to be a qualifying offender; or
otherwise – at the time the order is made.
Note for subsection (1)(a)
If the detainee is a qualifying offender who is subject to a parole order, the Supreme Court may suspend or revoke the parole order under section 28(2) or 31(2) so that the detainee serves out his or her sentence in custody before the continuing detention order comes into force.
(2) A final continuing detention order remains in force until it is revoked.
(3) An interim continuing detention order remains in force until the first of the following occurs:
the order is revoked;
the proceeding during which it was made is finally determined;
the order expires.
A court making an interim continuing detention order must state in the order the date on which it will expire.
A court may, on application by the Attorney‑General, amend an interim continuing detention order to extend the duration of the order.
However, the total period for which a detainee may be subject to an interim continuing detention order pending determination of a particular proceeding cannot exceed 6 months unless the court is satisfied there are exceptional circumstances.
A detainee cannot be granted bail under the Bail Act 1982.
(2) A parole order cannot be made under the Parole Act 1971 in relation to a detainee.
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