sec.136Application of Corrective Services Act 2006

### sec.136 Application of Corrective Services Act 2006 This section applies if, under section 135 (2) or (7) , an offender is required to be held on remand or serve a period of detention for a child offence as a term of imprisonment in a corrective services facility. For holding the offender at a corrective services facility— the offender is taken to be a prisoner under the Corrective Services Act 2006 ; and any rights, liberties or immunities of the offender as a detainee under this Act in relation to the child offence are not preserved, transferred or otherwise applicable for the offender as a prisoner; and if the offender is serving a period of detention, or liable to serve a period of detention— the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 . However, the release of the offender under subsection (2) (c) (ii) is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the statutory parole order ) and the provisions of that Act applying to parole orders also apply to the statutory parole order. s 136 prev s 136 om 2002 No. 39 s 72 pres s 136 ins 2002 No. 39 s 42 amd 2023 No. 3 s 18 sub 2024 No. 54 s 14 (sec.136-ssec.1) This section applies if, under section 135 (2) or (7) , an offender is required to be held on remand or serve a period of detention for a child offence as a term of imprisonment in a corrective services facility. (sec.136-ssec.2) For holding the offender at a corrective services facility— the offender is taken to be a prisoner under the Corrective Services Act 2006 ; and any rights, liberties or immunities of the offender as a detainee under this Act in relation to the child offence are not preserved, transferred or otherwise applicable for the offender as a prisoner; and if the offender is serving a period of detention, or liable to serve a period of detention— the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 . (sec.136-ssec.3) However, the release of the offender under subsection (2) (c) (ii) is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the statutory parole order ) and the provisions of that Act applying to parole orders also apply to the statutory parole order. - (a) the offender is taken to be a prisoner under the Corrective Services Act 2006 ; and - (b) any rights, liberties or immunities of the offender as a detainee under this Act in relation to the child offence are not preserved, transferred or otherwise applicable for the offender as a prisoner; and - (c) if the offender is serving a period of detention, or liable to serve a period of detention— (i) the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and (ii) the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 . - (i) the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and - (ii) the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 . - (i) the offender is liable to serve a term of imprisonment equal to the period of detention the offender remains liable to serve when the offender enters the corrective service facility under section 135 (7) (b) ; and - (ii) the day the offender would otherwise have been released under section 227 , for the period of detention, is the day the offender is to be released on parole under the Corrective Services Act 2006 .