86BOther transitional matters in respect of home detention orders

#### 86B Other transitional matters in respect of home detention orders 86B Other transitional matters in respect of home detention orders > > (1) Application to home detention orders This clause applies in respect of a home detention order made under section 6 before its repeal by the amending Act. > > > (2) Previous breaches Subclause (3) applies if a breach of a home detention order occurred or is suspected to have occurred before the repeal of section 6 by the amending Act and action under the sentencing legislation as in force before the commencement day had not been commenced or completed in respect of the breach. > > > (3) Action in respect of the breach may, on or after that day, be commenced or continued under the sentencing legislation in relation to the intensive correction order to which the home detention order was converted by the operation of this Schedule in the same way as action may be taken in respect of a breach of an offender’s obligations under an intensive correction order made by a court on or after that day. > > > (4) Previous assessment for home detention If the Parole Authority referred an offender for assessment under section 165A (4) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), before the commencement day, in relation to the making of an order for home detention following the revocation of an intensive correction order and the Parole Authority had not completed its functions under that section before that day in relation to the matter— > > > > > (a) the assessment may be carried out on or after that day if it has not already been carried out, and > > > > > (b) the assessment (whether received by the Parole Authority before that day or on or after that day) is taken to be an assessment as to the suitability of the offender for an intensive correction order with a home detention condition on or after that day, and > > > > > (c) the Parole Authority may, if satisfied that it is appropriate to do so, make an intensive correction order. > > > > Note. > > > > See also subclause (12) as to the power of the Parole Authority to make intensive correction orders under this clause. > > > (5) Pending inquiries into home detention breaches If an inquiry by the Parole Authority under section 166 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) (relating to a suspected breach of an offender’s obligations under a home detention order) was pending immediately before the commencement day— > > > > > (a) the inquiry may be conducted or continue to be conducted by the Parole Authority on or after that day, and > > > > > (b) any findings of the Parole Authority may be considered in connection with the exercise of the Authority’s functions (including its functions under section 164 of that Act). > > > (6) Effect of existing revocation order A revocation order made by the Parole Authority under section 167 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) before the commencement day— > > > > > (a) continues to have effect for the purposes of that Act, as amended by the amending Act, according to the terms of the order, and > > > > > (b) is taken to be a revocation order to which section 164A of that Act applies. > > > (7) Existing reinstatement applications If an application for the reinstatement of a home detention order under section 168A (1) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) was pending immediately before the commencement day— > > > > > (a) the application may be dealt with or continue to be dealt with by the Parole Authority on or after that day, and > > > > > (b) the Parole Authority may, if satisfied that it is appropriate to do so, make an intensive correction order with a home detention condition and a supervision condition. > > > > Note. > > > > See also subclause (12) as to the power of the Parole Authority to make intensive correction orders under this clause. > > > (8) If an application for the reinstatement of an intensive correction order under section 168A (1A) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) was pending immediately before the commencement day— > > > > > (a) the application may be dealt with or continue to be dealt with by the Parole Authority on or after that day, and > > > > > (b) the Parole Authority may, if satisfied that it is appropriate to do so, make an intensive correction order with a supervision condition and at least 1 of the additional conditions referred to in section 73A of this Act. > > > > Note. > > > > See also subclause (12) as to the power of the Parole Authority to make intensive correction orders under this clause. > > > (9) Despite subclause (8) (b), the Parole Authority may make an intensive correction order under that paragraph without imposing any of the additional conditions referred to in section 73A of this Act if it considers that it is not necessary to do so because of exceptional circumstances. > > > (10) If an offender was, under section 168A (2) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), referred for assessment in relation to the reinstatement of a home detention order or intensive correction order and the assessment was received by the Parole Authority before the commencement day but the Parole Authority had not completed its consideration of the assessment or the assessment is received by the Parole Authority on or after that day— > > > > > (a) the Parole Authority may consider or continue to consider the assessment on or after that day, and > > > > > (b) the Parole Authority may use the assessment when considering whether to make an intensive correction order under subclause (7) or (8) (as the case requires). > > > (11) Existing warrants made after revocation of home detention orders If a warrant that was issued under section 181 (1) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) before the commencement day in respect of a revoked home detention order, and that commits an offender to a correctional centre to serve the remainder of a sentence by way of full-time detention, was in force immediately before that day, the warrant— > > > > > (a) continues in force on and after that day until it is executed, and > > > > > (b) is taken to be issued under section 181 (1) of that Act as amended by the amending Act in respect of an intensive correction order revoked under that Act as amended by the amending Act, and > > > > > (c) commits the offender to a correctional centre to serve the remainder of the sentence to which the order relates by way of full-time detention. > > > (12) New intensive correction orders For the purposes of an intensive correction order authorised to be made by the Parole Authority under subclause (4), (7) or (8)— > > > > > (a) Part 5 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), as in force on or after the relevant commencement day, applies to and in respect of the Parole Authority and the offender in relation to the making of the intensive correction order in the same way as it applies to and in respect of a court and an offender in relation to the making of an intensive correction order by a court, and > > > > > (b) the intensive correction order is taken to have been made by a court.