Page 1014 - Week 04 - Thursday, 7 May 2020
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If an offender is granted COVID leave they will be supervised by ACT Corrective Services and supported within the extended throughcare pillars of basic needs, accommodation, employment training and financial sustainability, community connections and support, and of course health, particularly with respect to access to appropriate housing.
There are of course legislative safeguards built into this proposal. These include that the scheme will only be commenced if required. I will be advised in this regard by ACT Corrective Services, ACT Health and Canberra Health Services. Offenders who are serving a sentence for a serious violent offence, sexual offence or family violence offence are not eligible for this scheme.
Offenders will only be released for a maximum of 60 days for sentences of less than one year, and 120 days for sentences of one year or more. Leave permits will be subject to a range of conditions, such as having suitable accommodation. It is also important to note that detainees who are under these leave conditions are still under sentence. This means that if they breach any of the set conditions or commit a fresh offence they will be returned to lawful custody to complete the remainder of their sentence.
This bill also seeks to amend the Crimes (Sentence Administration) Act by introducing an administrative sanction scheme for alleged breaches of good behaviour orders, intensive correction orders and parole. The change will avoid minor or low-level instances of non-compliance with orders. They can be dealt with appropriately, rather than being automatically referred to the sentencing court or Sentence Administration Board. This will allow the justice system to function effectively during this time and reduce opportunities for the spread of COVID-19 in the event that appearances are required before the court or board.
This amendment also supports the effective case management of orders, as formal breach proceedings can disrupt an offender’s progress on the order and lead to their disengagement. As with the other amendments, there will be new policies and procedures developed, and I will be seeking regular briefings on the use of these discretions to ensure consistency.
The bill makes amendments to the Human Rights Act to introduce an information-sharing mechanism to allow Human Rights Commission commissioners to share information as part of their functions and to give the Human Rights Commission a complaint-handling power for matters relating to abuse of vulnerable people. It is important to protect vulnerable persons, especially during the COVID-19 pandemic.
Enhanced information sharing between the commissioners will ensure that complainants can get the assistance they need and do not need to provide the same information to different areas of the Human Rights Commission. The amendments do engage and potentially limit some human rights, particularly the right to privacy. However, safeguards are in place to ensure that sharing of information can only occur within the Human Rights Commission’s functions, which are focused on the protection of some of the most vulnerable people in our community.
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