Page 4026 - Week 12 - Wednesday, 30 November 2022
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measure of discretion that takes into account the context of the behaviour weighed against the desired rehabilitation outcomes. This ensures that principles of restorative practice for offenders within the criminal justice system can be upheld and their rehabilitation fostered.
The amendment also provides administrative oversight to ensure there is consistent and transparent supervision and enforcement of good behaviour orders, having regard to community and victim safety. The ACT government acknowledges that breaches of good behaviour orders, however minor they may appear, may constitute a pattern of violence and result in an escalation of harm to victims of crime. As such, the amendment ensures that community corrections officers must report a breach of a good behaviour order to the sentencing court, unless certain circumstances have been met. These circumstances will be detailed in the discretion framework, which will be established by a notifiable instrument.
The amendment also confirms that discretion cannot be exercised by community corrections officers if officers can ascertain that the conduct of the breach could be the subject of criminal charge. The proposed framework for exercising the discretion will provide further structure around when and how an officer may apply discretion and the factors for consideration, including the type of information that can be shared with the offender; the nature and type of offences committed by the offender; the type of breach that may be subject to discretion; the offender’s history of compliance with their good behaviour order obligations; and whether the offender has a reasonable excuse for their non-compliance.
The amendment incorporates various safeguards regarding the exercise of a corrections officer’s discretion. This includes requiring an officer to record all breaches, regardless of whether the breach is reported to the sentencing court; provide a warning to the offender about the breach, including grounds for believing that there has been a breach; and for all prior non-reported breaches and information related to why the non-reporting action was taken to be provided to the sentencing court when a breach is referred. As an additional safeguard, corrections officers will only be permitted to use the discretionary power on commencement of the discretion framework. As the discretion framework is in the process of finalisation, the amendment will be subject to a delayed commencement to align with the notification of the discretion framework.
Searches on admission are covered specifically under section 70 of the Corrections Management Act, for the purpose of assessing a new admission for immediate health needs as well as for safety and security reasons. Amendments introduced after the original act was enacted have caused confusion regarding the authority provided through section 70. The amendments in this bill clarify the operation of these provisions.
Searching detainees upon their admission to a correctional centre is prudent, as that individual has been outside of the custody of corrective services. The amendment is required to clarify the intent of section 70 to authorise the search of detainees during the admissions process without an individual decision regarding suspicion or prudence. This ensures that a thorough assessment of detainees can be carried out, in particular with regard to their immediate physical and mental health, safety and security, and risks and needs. These searches also help correctional centres to
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