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Legislative Assembly for the ACT: 2011 Week 13 Hansard (Thursday, 17 November 2011) . . Page.. 5526 ..


With that, I thank members for their support in sending the bill to the committee. Mr Hargreaves, I look forward to discussing it with you behind closed doors in the committee.

Question resolved in the affirmative.

Corrections and Sentencing Legislation Amendment Bill 2011

Mr Barr, on behalf of Mr Corbell, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MR BARR (Molonglo—Deputy Chief Minister, Treasurer, Minister for Economic Development, Minister for Education and Training and Minister for Tourism, Sport and Recreation) (12.02): I move:

That this bill be agreed to in principle.

Today, on behalf of the Attorney-General, I introduce the Corrections and Sentencing Legislation Amendment Bill, which contains a series of legislative amendments to enable ACT Corrective Services to provide services more efficiently and effectively.

The government is concerned to ensure ongoing review, revision and improvement of corrective services in the territory. This bill is a part of this process.

ACT Corrective Services and the Sentence Administration Board operate in accordance with a legislative framework that includes the Crimes (Sentencing) Act, the Crimes (Sentence Administration) Act and the Corrections Management Act.

The government is bound to ensure that people found guilty of breaking the law are themselves treated lawfully. Limits on the fundamental rights protected by the Human Rights Act 2004 are permissible only if the limits are authorised by a territory law and are reasonable and demonstrably justifiable in a democratic society. The government has ensured that amendments made by this bill accord with human rights requirements.

The bill will amend the Corrections Management Act so that where a detainee is only being transferred to another correctional centre for one day or less—for example, the detainee is transferred to the court transport unit for appearance in court—the director-general is not required to review a segregation direction that applies to the detainee. This will enable a detainee to be transferred to attend court and returned to the AMC on the same day without the need for review of segregation directions which will continue in force if the detainee is returned to custody by the court.

This amendment may engage the right to liberty and the right to freedom of association. However, the government is satisfied that appropriate safeguards exist for any limitation of these rights, as the Corrections Management Act provides that a detainee can request that the director-general review a segregation direction or apply


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