Page 4411 - Week 14 - Thursday, 1 December 1994
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PERIODIC DETENTION BILL 1994
MR LAMONT (Minister for Urban Services, Minister for Housing and Community Services, Minister for Industrial Relations and Minister for Sport) (10.38): Madam Speaker, I present the Periodic Detention Bill 1994.
Title read by Clerk.
MR LAMONT: I move:
That this Bill be agreed to in principle.
In December 1991, the ACT Corrections Review Committee published a report following its review of adult correctional and juvenile justice services in the ACT. This report, titled Paying the Price, contained some 88 recommendations intended to enhance justice services in the ACT. Already, a significant number of recommendations made by the committee have been introduced by the Government, such as the establishment of the corrections liaison and community safety committees; the development of improved remand and committal facilities for juveniles; the introduction of amendments to the Children's Services Act 1986 to allow ACT juveniles who commit offences in New South Wales to serve their sentences in the ACT; and the renegotiation of the agreement between the ACT and New South Wales governments for the custody of ACT prisoners in New South Wales gaols.
The Government has also introduced significant amendments to the Crimes Act 1900, with the commencement of the Crimes (Amendment) Act (No. 2) 1993. The Crimes Act now incorporates principles that ensure a consistent approach to sentencing and reflect the notion that prison must be considered as the last resort when an appropriate penalty cannot be provided by other sentencing options. The Government is committed to expanding community based sentencing options for adults to provide viable alternatives to imprisonment. Options proposed in Paying the Price included periodic detention, intensive community supervision and a transitional release scheme for ACT prisoners serving sentences in New South Wales gaols. The Government intends to introduce each of these sentencing options, with comprehensive legislation currently being drafted to give effect to these sentencing initiatives.
The Bill currently before the Assembly is another step in the process of improving sentencing options for ACT offenders, in that it balances punishment with rehabilitation. The introduction of the Bill will also bring the ACT into line with New South Wales, which operates 11 such facilities. It is worth noting that similar correctional facilities operate in many European countries, Canada and the United States of America. Periodic detention will involve convicted offenders attending at the detention centre from 7.00 pm on Fridays until 4.30 pm on Sundays for 12 to 104 consecutive periods, as determined by the court - a period being two days. This means that the obligation of the offender to the court can vary from three months up to two years. The program is designed for those offenders whom the courts consider to be of low risk to the community.
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