Community Based Sentences (Interstate Transfer) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 15 October 2015.)

Mr GARDNER (Morialta) (17:46): The Community Based Sentences (Interstate Transfer) Bill was introduced by the minister on 15 October 2015. It is legislation that was endorsed by ministerial councils as national model legislation in 2010. After seeing the Attorney-General's performance over the last three days, I am starting to understand why it has taken five years to get here. The bill seeks to facilitate the transfer of community-based sentences, such as suspended sentences and supervised bonds but not parole between states.

National model legislation currently operates in relation to prison transfers and parole transfers and has for some time. This legislation extends the principle to community-based sentences. Ministerial councils for corrections and attorneys-general considered it—corrections, five years ago; attorneys-general, four years ago—and I assume that it has been in cabinet ever since awaiting the Attorney-General's due consideration. I do not get the sense that he likes it when other ministers get to move bills in this chamber. It has been passed by all jurisdiction except South Australia, Queensland and the Northern Territory. This year, by Christmas, with any luck, now that the Attorney has left the room, we might be able to do the same here in South Australia.

Offenders in the community may benefit from the transfer of offenders and continued enforcement of the sentences between states. The minister, in his second reading, identified some critically important reasons why that is useful for the community. Proximity to improved family and community support, potentially to escape domestic violence or the prospect of increased choice of employment or study opportunities, and allowing a transfer to a new area in which the offender has good support increases the probability of the offender fulfilling the order, being positively reintegrated into the community, and desisting from further offending. Everything we do in this area has to have key in mind what is going to be the ultimate community safety outcome, and this bill will contribute to that.

An offender wishing to transfer interstate must apply through their home jurisdiction to have their sentence served in a new state. Relevant records and assessments are submitted through the department, if accepted, and then the sentence is registered in the new state and supervised as if the sentence had been imposed in the new state. States have discretion to refuse a transfer. The offender retains rights relating to appeal or request for amendment of sentence in their original jurisdiction.

Some community-based sentences, it should be noted, may not have a substantially similar sentence type in other states. In those cases, the transfer remains unavailable. It must be an order that substantially corresponds to that order available in the new state. This legislation is enacted in most other states. It is sensible, albeit a touch late. The opposition thoroughly supports it.

The Hon. A. PICCOLO (Light—Minister for Disabilities, Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (17:48): I thank the honourable member for his contribution to this bill. The involvement of South Australia in the scheme highlights the contribution this state is making to the corrective services framework nationally by the framing of a cohesive national approach to corrective services provision and enforcement.

The hallmarks of this bill are common sense and practicality. It is anticipated that the legislation will have a positive impact on compliance with community-based sentences because it will assist offenders in serving their sentences, and breaches of community-based sentences would be more readily brought before a court. Having an offender in a settled situation is of obvious benefit.

The process is in line with contemporary correctional practice as it allows an offender to transfer to a new area in which the offender has good support or opportunities, as the member opposite has mentioned. This increases the probability of the offender fulfilling the order, being positively reintegrated back into the community and being diverted from returning to the prison system. Permitting transfers in such circumstances may increase the offender's chance of successfully serving a sentence, being positively reintegrated into the community and being diverted from the prison system. They are all positive aspects of this legislation.

The second reading explanation indicated quite clearly that an offender who is transferred to a new jurisdiction will be managed as if the court in that new jurisdiction had imposed the sentence. Part of the application for registration of a sentence in this state includes a statement by the interstate authority that the offender understands and agrees to be bound by the requirements of the law of South Australia, that any breach of sentence may result in the offender being resentenced in South Australia and that the consequence of such a breach may be different from the consequence of a breach in the sentencing state or territory.

The legislation also has provisions for orders having multiple components, as is often the case in South Australia, providing that some components will need to be completed in the sending jurisdiction prior to any transfer taking place. Importantly, any reparation components of a community-based sentence must be completed prior to any transfer. This means that any community service components or fines will need to be completed in the community they offended against prior to being able to transfer.

This is very practical legislation that makes it much more effective for those offenders who are transferred interstate to comply and to serve out their sentence in a way that facilitates their return to the community and also increases community safety. Once again, I thank the member for his contribution to the debate.

Bill read a second time.

Third Reading

The Hon. A. PICCOLO (Light—Minister for Disabilities, Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (17:51): I move:

That this bill be now read a third time.

Bill read a third time and passed.