Page 3671 - Week 11 - Wednesday, 23 November 2022
unauthorised entry of a motor vehicle where the person has a legitimate reason for entering—for example, where they are breaking into the vehicle to assist a child or animal that is trapped in the vehicle.
The government also recognises that there are more serious kinds of unauthorised entry to a motor vehicle in between this new simple offence and the more serious offences of stealing a car or driving or riding in a stolen car. The government is working closely with key stakeholders to progress a more serious offence of unauthorised entry of a motor vehicle which will encompass a higher level of culpability in its physical and fault elements and will carry a higher maximum penalty.
Today’s bill will also amend the Crimes (Sentencing) Act 2005 to provide that an offender’s residence outside the ACT must be taken into account as a matter indicating their unsuitability to serve their sentence by way of intensive correction order. A sentencing court must not order an offender be subject to an intensive correction order unless satisfied such order is suitable for the offender.
To determine suitability the court must consider an intensive correction assessment. Under current legislation, a number of matters must be taken into account as an indication of unsuitability for the purposes of this assessment, including the offender having a major problem with alcohol or a controlled drug; and the offender’s non-compliance with an intensive correction assessment.
The amendment will add the offender’s residence outside the ACT to this list. An offender’s residence outside the ACT may impact ACT Corrective Services’ ability to provide effective supervision. For example, the conditions of an intensive correction order can include home visits and drug testing, which a corrections officer cannot perform without ready access to the offender.
The offender’s residence outside of the ACT can also impact whether the offender is able to comply with conditions. Such conditions can include regular reporting to ACT Corrective Services offices in Canberra, which requires the offender to regularly attend the ACT at particular times. An offender can also be subject to other “location relevant” orders as part of an intensive correction order, such as community service orders, which may require almost daily attendance within the ACT.
An offender’s residence outside the ACT will not necessarily mean that they will be found to be overall unsuitable to serve their sentence of imprisonment by way of an intensive correction order, provided they are able to comply with the order’s obligations. The question of whether an offender’s residence outside the ACT prevents them from being suitable for an intensive correction order must be considered on a case-by-case basis. This amendment will allow ACT Corrective Services to provide a more comprehensive assessment of an offender’s suitability for an intensive correction order to the sentencing court, supporting the supervision of and compliance with any such orders.
The bill will also amend the Crimes (Sentence Administration) Act 2005 to support ACT courts to recover outstanding court fine amounts. Currently, ACT courts can only contact offenders with unpaid court fines via their postal or home address.