Supervising authorities (s. 3)
7 Supervising authorities (s. 3)
Except as stated in subregulation (2) or (4), the chief executive officer of the Department of Justice is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is —
in strict government custody (other than a reportable offender who is in immigration detention); or
in government custody (other than a reportable offender who is in immigration detention); or
subject to a community order; or
subject to supervision as a condition of parole; or
an existing licensee.
The chief executive officer of the Department of Health is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is a detainee under the CLMI Act unless the offender —
is detained in a prison or detention centre; or
is a resident as defined in the Declared Places (Mental Impairment) Act 2015 section 3; or
as a condition of being released under a leave of absence order, is subject to supervision by an officer of the Department of Justice.
In subregulation (2) —
Department of Health means the department of the Public Service principally assisting in the administration of the Public Health Act 2016;
detention centre has the same meaning as it has in the Young Offenders Act 1994 section 3;
leave of absence order has the meaning given in the Criminal Law (Mental Impairment) Act 2023 section 77(1);
prison has the same meaning as it has in the Prisons Act 1981 section 3.
The chief executive officer of the Commission is prescribed to be the supervising authority for the purposes of the definition of that term in section 3 of the Act in relation to a reportable offender who is a resident.
In subregulation (4) —
Commission means the Disability Services Commission referred to in the Disability Services Act 1993 section 6;
resident has the meaning given in the Declared Places (Mental Impairment) Act 2015 section 3.
[Regulation 7 amended: Gazette 1 Jun 2007 p. 2528; 16 Jun 2015 p. 2077‑8; 10 Jan 2017 p. 222; SL 2024/172 r. 5; SL 2025/142 r. 6.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.