Crimes Legislation Amendment Bill
2016
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1—Preliminary
Clause 1
581194
sets out the purposes of the Bill, which are—

to amend the Sentencing Act 1991 and the Crimes
Act 1958 to provide for custodial sentences and
minimum terms of imprisonment for certain offences
committed against Governors, prison officers, escort
officers, police custody officers and persons authorised
under the Corrections Act 1986 to exercise certain
functions or powers;

to amend the Crimes Act 1958 and the Summary
Offences Act 1966 to expand existing assault offences
to include Governors, prison officers, escort officers,
police custody officers and persons authorised under the
Corrections Act 1986 to exercise certain functions or
powers;

to amend the Criminal Procedure Act 2009 to provide
for the admission of recorded evidence of complainants
in proceedings for certain sexual offences heard
summarily in the Children's Court and related
proceedings;

to amend the Crimes Act 1958 to provide further for
the making of regulations under that Act; and

to make minor amendments to the Children, Youth
and Families Act 2005.
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BILL LA INTRODUCTION 9/2/2016
Clause 2
provides that Part 1, Division 1 of Part 4 and Parts 5 and 6 of the
Bill come into operation on the day after Royal Assent.
The remaining provisions will come into operation on a day or
days to be proclaimed or if a provision does not come into
operation before Monday 6 February 2017, it comes into
operation on that day.
Part 2—Sentences for certain offences committed against
custodial officers on duty
Clause 3
adds custodial officers to provisions relating to custodial
sentences and minimum non-parole periods for offences
committed against emergency workers on duty in
sections 10AA(1), (2), (4), (5)(a) and (5)(b) of the Sentencing
Act 1991.
Section 10AA of the Sentencing Act 1991 provides for custodial
sentences and minimum non-parole periods for offences against
the following provisions of the Crimes Act 1958 when
committed against an emergency worker on duty—

15A (causing serious injury intentionally in
circumstances of gross violence);

15B (causing serious injury recklessly in circumstances
of gross violence);

16 (causing serious injury intentionally);

17 (causing serious injury recklessly).
That section also provides for a minimum term of imprisonment
for offences against section 18 of the Crimes Act 1958
(causing injury intentionally or recklessly) when committed
against an emergency worker on duty.
Clause 3(4) inserts a definition of custodial officer into
section 10AA of the Sentencing Act 1991. The definition
includes prison Governors, prison officers, escort officers,
police custody officers and persons authorised under the
Corrections Act 1986 to exercise certain functions or powers.
This definition of custodial officer includes private contractors
who are authorised under the Corrections Act 1986 to work in
prisons or police gaols.
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The definition does not encompass other staff that work at the
same location as custodial officers, for example, staff with
security, welfare, health, cleaning or culinary duties at a prison.
Clause 3(5) inserts a new section 10AA(10) into the Sentencing
Act 1991 which provides for when a custodial officer will be on
duty. A custodial officer will be on duty when they are
exercising a function or power as a Governor, prison officer,
escort officer, police custody officer or person authorised under
sections 9A(1), 9A(1A) or 9A(1B) of the Corrections Act 1986
(as the case may be).
Clause 4
extends section 10A(2A) of the Sentencing Act 1991 to apply to
offences committed against custodial officers on duty.
Section 10A(2A) provides the circumstances in which a court
may find a special reason when sentencing a young offender
under section 18 of the Crimes Act 1958, and so not impose the
statutory minimum sentence.
Clause 5
inserts a new section 158 into the Sentencing Act 1991
providing that the amendments made by this Part of the Bill
apply to offences committed on or after the commencement of
the Part. New section 158(2) provides that if an offence is
alleged to have been committed between two dates, one before
and one after the commencement of the Part, the offence will be
deemed to have been committed before the commencement.
Clause 6
adds references to custodial officers on duty in existing
legislative notes that refer to emergency workers on duty, at the
foot of the following sections of the Crimes Act 1958—

15A (causing serious injury intentionally in
circumstances of gross violence);

15B (causing serious injury recklessly in circumstances
of gross violence);

16 (causing serious injury intentionally);

17 (causing serious injury recklessly);

18 (causing injury intentionally or recklessly).
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Part 3—Assault offences against custodial officers on duty
Clause 7
adds custodial officers to provisions relating to emergency
workers on duty in sections 31(1)(b), 31(1)(ba) and 31(2A) of the
Crimes Act 1958. Section 31 of the Crimes Act 1958 provides
for the offence of assault. Section 31(1)(b) and (ba) in particular
make it an offence to assault, threaten to assault, resist or
intentionally obstruct an emergency worker on duty, or a
personal lawfully assisting an emergency worker on duty.
Clause 7 extends these provisions to custodial officers on duty,
and refers to the definitions of custodial officer and custodial
officer on duty in the Sentencing Act 1991.
Clause 8
inserts definitions of custodial officer and custodial officer on
duty from the Sentencing Act 1991 into section 51(1) of the
Summary Offences Act 1966, and adds custodial officers and
custodial officers on duty to provisions relating to emergency
workers in sections 51(2), (4) and (5) of the Summary Offences
Act 1966. These provisions in section 51 of the Summary
Offences Act 1966 relate to the summary offence of assaulting
an emergency worker or local authority staff on duty.
Part 4—Use of recorded evidence in criminal proceedings
Clause 9
inserts a new Division 7A into Part 8.2 of the Criminal
Procedure Act 2009. This Division governs the admission of
recorded evidence of complainants in proceedings for certain
sexual offences heard summarily in the Children's Court and
related proceedings.
New section 387A applies the new Division to recorded evidence
of a complainant given during a summary hearing in the
Children's Court of the following Crimes Act 1958 offences—

section 38 (rape);

section 39 (rape by compelling sexual penetration);

section 44 (1),(2), (3) or (4) (incest);

section 45 (sexual penetration of a child under the age
of 16);

section 47A (persistent sexual abuse of child under 16);

section 48(1) (sexual penetration of 16 or 17 year old
child).
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New section 387B applies Division 7 of Part 8.2 (other than
sections 378 and 382 and with certain modifications) to new
Division 7A.
Division 7 provides for the admission of recorded evidence of a
complainant given in a trial for a sexual offence. In contrast, new
Division 7A applies to recorded evidence of a complainant given
in a summary hearing of the offences listed in section 387A.
Clause 10 amends the heading of Division 7 of Part 8.2 to reflect that the
existing Division applies to recorded evidence given in trials for
sexual offences.
Clause 11 inserts a note at the foot of sections 426(1) and 429(1) of the
Children, Youth and Families Act 2005 to the effect that
Division 7A of Part 8.2 of the Criminal Procedure Act 2009
provides for the admission of recorded evidence of complainants
in proceedings for certain sexual offences heard summarily by
the Children's Court. These sections in the Children, Youth and
Families Act 2005 relate to appeals from the Children's Court.
Clause 12 provides for references to sections 47(1) (indecent act with child
under the age of 16) and 49(1) (indecent act with 16 or 17 year
old child) of the Crimes Act 1958 to be inserted in new
section 387A(1). The insertion of these references by a separate
clause of the Bill will allow for a staged commencement of the
application of new Division 7A of Part 8.2.
Part 5—Regulations under the Crimes Act 1958
Clause 13 inserts a new section 585AAA into the Crimes Act 1958 which
provides for the making of regulations for the whole of that Act.
The new section is a standard general regulation making power.
It will operate together with existing powers to make regulations
for the Crimes Act 1958.
Part 6—Repeal of amending Act
Clause 14 provides that the Bill is repealed on 6 February 2018. The repeal
does not affect the continuing operation of the amendments made
by it (see section 15(1) of the Interpretation of Legislation
Act 1984).
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