Explanatory Memorandum
(Circulated by authority of the Attorney-General and Minister for Industrial Relations, the Hon Christian Porter MP)Schedule 12 - Additional sentencing alternatives
Crimes Act 1914
Item 1 - After subparagraph 20AB(1AA)(a)(vii)
302. This item amends the list of sentencing alternatives in subsection 20AB(1AA) of the Crimes Act to include 'residential treatment orders'. Section 20AB(1AA) empowers courts to make certain alternative sentencing orders that are available under state or territory law. The new subparagraph is intended to capture the residential treatment order available under section 82AA of the Sentencing Act 1991 (Vic), as well as any similar orders that may exist or be enacted in other states and territories. It is appropriate that courts have the discretion to access such orders that have been designed to specifically meet the needs of certain classes of offenders.
Item 2 - Subsection 20BQ(3)
303. This item provides that if the court makes an order under section 19BQ of the Crimes Act in respect of a person suffering from a mental illness or intellectual disability, it can still make a residential treatment order under the proposed subparagraph 20AB(1AA)(a)(viia) inserted by item 1 of this Schedule.
Item 3 - Application provision
304. This item provides that amendments made by this Schedule apply in relation to a sentence passed, or an order made, on or after the commencement of this Schedule, in respect of a person convicted before, on or after that commencement.