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Legislative Assembly for the ACT: 2003 Week 7 Hansard (25 June) . . Page.. 2436 ..

MR SMYTH (continuing):

however, they choose not to take their rehabilitation seriously, if they break the conditions attached to their sentence, they will face sanctions.

Mr Speaker, think of it as a ratchet system: if the offender does the right thing, they ratchet down to a less severe punishment; if they do the wrong thing, they potentially ratchet up to a more severe punishment. The bill sets out a hierarchy of penalties. A new section, 366B, sets them out quite clearly.

We all are used to the concept of parole. This bill extends the possibility of penalty changes to any combination of several penalty options that the courts may wish to use.

Mr Speaker, to support these functions, the bill also provides for a clear statement of the overall objectives of the corrections law. A new division, 15.1A, states:

Objects

(1) the corrections legislation includes the following objects:

(a) providing for the secure and safe imprisonment, care, treatment, health management and rehabilitation of offenders; and

(b) reducing the repetition of criminal and other antisocial behaviour by offenders.

Mr Speaker, to achieve the objects, the act quite clearly sets out in section 338:

(1) The objects of the correction legislation are to be achieved by

(a) enabling courts to formulate sentences for offenders using a range of stated penalty options in each sentence that-

(i) provide incentives and opportunities for offenders to progress through a number of custodial and other arrangements stated in a sentence; and

(ii) can be reviewed by the sentence administration board; and

(b) enabling the use of a case management approach to rehabilitation that-

(i) has regard to the needs of the offenders and the community; and

(ii) involves other government agencies and the community.

Mr Speaker, paragraph (c) says:

(c) enabling the provision of rehabilitation programs that-

(i) combine with broader based community programs; and

(ii) recognise the distinct needs of men and women, offenders of different ages, and cultural, ethnic and other disadvantaged groups; and

(iii) involve, as appropriate, family and other support mechanisms.

Paragraphs (d), (e) and (f) say:

(d) establishing the framework for the delivery of custodial and other correctional programs; and

(e) ensuring the application of the highest standards of competency, professionalism and ethical behaviour in corrections management in the ACT; and

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