Community Based Sentences (Interstate Transfer) Act 2020

This Act may be cited as the Community Based Sentences (Interstate Transfer) Act 2020.

This Act commences on a day to be fixed by proclamation.

The purposes of this Act are to—

enable community based sentences imposed in participating jurisdictions to be transferred, by registration, between participating jurisdictions; and

empower the Minister to enter into arrangements with Ministers of interstate jurisdictions to facilitate the administration of community based sentences for offenders travelling to Queensland or an interstate jurisdiction.

This Act applies to sentences imposed by courts on adults convicted or found guilty of offences.

This Act does not apply to—

a parole order; or

a sentence to the extent it imposes a fine or other financial penalty, however described; or

a sentence to the extent it requires the offender do a particular act or make reparation to a particular person who has been caused harm or loss by the offender.

The dictionary in schedule 1 defines particular words used in this Act.

The local authority for Queensland is the chief executive.

The local authority may delegate to an appropriately qualified person (the delegate) a function of the local authority under this Act.

The delegation may permit the delegate to subdelegate the delegated function to another appropriately qualified person.

The local authority must keep a register (the local register) of interstate sentences registered under this Act.

The local authority has the power to do anything necessary or convenient to be done for, or in connection with, the performance of its functions under this Act.

The local authority may register an interstate sentence in Queensland at the request of the interstate authority for the interstate jurisdiction in which the sentence is in force.

The local authority must consider the request if the request—

is in writing; and

states the following particulars—

the offender’s name;

the offender’s date of birth;

the offender’s last known address;

the other particulars required by the local authority; and

is accompanied by the documents mentioned in subsection (2).

The documents to accompany the request are—

a copy of the interstate sentence certified by the interstate authority; and

a copy of the offender’s consent for the registration of the interstate sentence in Queensland; and

a copy of all relevant pre-sentence reports about the offender held by the interstate jurisdiction for each offence committed by the offender for which the offender is subject to an interstate sentence; and

a copy of all relevant psychological or other assessments of the offender held by the interstate authority; and

a document of the details held by the interstate authority of—

the offender’s criminal record, whether in or outside Australia; and

the offender’s compliance with the interstate sentence and any other non-custodial sentence; and

a statement by the interstate authority explaining which part of the interstate sentence has been served in the interstate jurisdiction, or any other interstate jurisdiction, before the request was made; and

a statement by the interstate authority that the authority has explained to the offender, in language likely to be readily understood by the offender, that, if the interstate sentence is registered in Queensland—

the offender will be bound by the requirements of the law of Queensland relating to the sentence; and

a breach of the sentence may result in the offender being resentenced in Queensland for the offence; and

the other consequences for a breach of the sentence in Queensland may be different from the consequences for a breach of the sentence in the interstate jurisdiction, and, in particular, the penalties for breach of the sentence may be different; and

a statement by the interstate authority setting out the reasons given by the offender for requesting to register the interstate sentence in Queensland; and

any other documents required by the local authority.

For subsection (2)(c), an offender is subject to an interstate sentence if the sentence has not been fully served or has not been discharged.

In considering the request, the local authority may consider any other information or other documents given to the local authority by the interstate authority.

The local authority may ask the interstate authority for additional information about the interstate sentence or the offender.

The offender may withdraw consent to the registration of the interstate sentence at any time before, but not after, its registration by giving written notice of the withdrawal to the local authority.