Sentencing Amendment Act 2001

Sentencing Amendment Act 2001

An Act to amend the Sentencing Act 1997

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Sentencing Amendment Act 2001 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Sentencing Act 1997 is referred to as the Principal Act.

4.    Section 36A inserted

After section 36 of the Principal Act , the following section is inserted in Part 4:

36A.   Offender discharging order is taken to be Crown employee for certain purposes

(1)  An offender discharging a community service order is, for the purposes of the Workers Rehabilitation and Compensation Act 1988 , taken to be a worker employed by the Crown and being paid at the greater of the following rates:

(a) a rate equal to the basic salary within the meaning of that Act;

(b) the rate of the offender's normal weekly earnings, if any, within the meaning of section 69 of that Act.

(2)  An offender is taken to be discharging a community service order for the purposes of this section if he or she is –

(a) performing a required activity; or

(b) making a required journey.

(3)  For subsection (2)(a) , an offender is taken to be performing a required activity if he or she is –

(a) reporting to the offender's probation officer or supervisor for the purposes of the order; or

(b) doing community service in accordance with the order; or

(c) attending an educational, rehabilitation or other program in accordance with the order; or

(d) doing something else at the request or direction of, or with the express or implied authority of, the offender's probation officer or supervisor.

(4)  For subsection (2)(b)  –

(a) a required journey is a journey made for the purposes of, or in connection with, a required activity; but

(b) a journey is not taken to be a required journey by reason only of the fact that it is for the purpose of enabling an offender to travel –

(i) from his or her place of residence to the place at which he or she is required to perform a required activity; or

(ii) from the place at which he or she is required to perform a required activity to his or her place of residence.

[Second reading presentation speech made in:

House of Assembly on 21 AUGUST 2001

Legislative Council on 29 AUGUST 2001]