Crimes Legislation Amendment (Community Safety Orders and Other Measures) Regulations 2023 (F2023L01628)

Schedule 1   Amendments

Criminal Code Regulations 2019

5   At the end of Part 3

Add:

Division 4 - Community safety orders

20A Serious offender unable to engage legal representative in community safety order proceedings - matters court may take into account in determining whether circumstances beyond offender's control

For the purposes of paragraph 395.34(3)(a) of the Code, the following matters are prescribed as matters that a Supreme Court of a State or Territory may take into account in determining whether circumstances are beyond a serious offender's control in relation to a community safety order proceeding:

(a) the offender's financial circumstances;

(b) whether the offender has engaged in unreasonable conduct during the proceeding that has contributed to the offender's inability to afford any or all of the costs and expenses of obtaining legal representation for the proceeding;

(c) whether the offender has made any efforts to obtain legal aid or legal assistance, and the outcomes of any such efforts;

(d) any other matter that the Court considers relevant.

20B Sharing information - prescribed persons

For the purposes of subsections 395.44(1) and (4) of the Code, the following persons are prescribed:

(a) an AFP employee (within the meaning of the Australian Federal Police Act 1979);

(b) a member of the police force or police service of a State or Territory;

(c) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical, psychological and psychiatric services), justice or parole;

(d) a person who provides services for, or on behalf of:

(i) a State or Territory; or

(ii) an authority of a State or Territory;

in relation to corrective services (including prison medical, psychological and psychiatric services), justice or parole;

(e) a person who provides services for, or on behalf of, the Commonwealth in relation to a person (the service recipient ) if:

(i) a community safety order is in force in relation to the service recipient; or

(ii) the Immigration Minister has made, or is considering making, an application for a community safety order in relation to the service recipient;

(f) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;

(g) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;

(h) the Director-General of Security, a Deputy Director-General of Security, an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979) or an ASIO affiliate (within the meaning of that Act);

(i) an APS employee in a Department administered by:

(i) the Immigration Minister; or

(ii) the Minister administering the Australian Passports Act 2005;

(j) a person:

(i) who is an authorised officer (within the meaning of Division 9A of Part IB of the Crimes Act 1914); or

(ii) who, under a delegation from such an authorised officer, exercises powers or performs functions of the authorised officer under Division 9A of Part IB of the Crimes Act 1914;

(k) a person who is a relevant expert and who is:

(i) appointed by the Immigration Minister under section 395.43 of the Code; or

(ii) otherwise engaged by the Immigration Minister, or a person on behalf of the Immigration Minister;

to assess the risk of a serious offender committing a serious violent or sexual offence for the purposes of Division 395 of the Code (whether or not an application for a community safety order has been made);

(l) a person who is engaged as a consultant or contractor to perform services for the Department administered by the Immigration Minister;

(m) a person who is:

(i) engaged or employed by a person to whom paragraph (l) or this paragraph applies; and

(ii) performing services for the Department administered by the Immigration Minister in connection with that engagement or employment.