Public Safety (Public Protection Orders) Bill

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Hon Judith Collins

Public Safety (Public Protection Orders) Bill

Government Bill

68—1

Contents

Explanatory note

1 Title

2 Commencement

Part 1
Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending

Subpart 1Interpretation, objective, and principles

3 Interpretation

4 Objective of Act

5 Principles

6 Act binds the Crown

Subpart 2Public protection orders

Imposition of public protection orders

7 Threshold for imposition of public protection order

8 Chief executive may apply for public protection order

9 Reports by health assessors

10 Right to independent expert assessment

11 Issue of summons to attend hearing

12 Assessment whether respondent mentally disordered or intellectually disabled

13 Court may make public protection order

Review by review panel

14 Review of public protection order by review panel

Review by court

15 Application by chief executive for review of public protection order

16 Application for review by person subject to public protection order

17 Review of public protection order

Subpart 3Status of residents

18 Detention of residents

19 Legal custody of residents

20 Residents must obey lawful directions

21 Transfers between residences

22 Information to be given to residents about transfers

23 Leave

Rights of residents

24 Rights of residents

25 Earnings from work

26 Right to legal advice

27 Right to vote

28 Recreational and cultural activities

29 Right to receive and send written communications and articles

30 Access to media

31 Visitors and oral communications with people outside residence

32 Right to medical treatment

33 Right to rehabilitative treatment

34 Right to information

35 Respect for cultural identity

36 Right to benefits

37 Receipts for residents to be paid into trust accounts

Subpart 4Management of residents

Management plans

38 Needs assessment

39 Management plans

40 Reviews and variations of management plan

Monitoring of written communications and articles

41 Checking and withholding of written communications and articles in certain cases

42 Written communications or articles not to be withheld if sent by or to certain persons

43 Procedure where written communication or article withheld

Telephone calls may be monitored

44 Interpretation

45 Purposes of monitoring resident calls

46 Resident calls that may be monitored

47 Certain resident calls must not be monitored

48 Only certain persons may monitor resident calls

49 Warnings

50 Authorised disclosure of information

51 Restrictions on disclosure of information

52 Application of Privacy Act 1993

53 Destruction of recordings

54 Notice to be given of intention to produce evidence of recording

55 Privileged evidence

Restrictions on contacts with persons outside residence

56 Visits from, or oral communication with, certain persons may be excluded

Searches

57 Search of residents and residence

Drug or alcohol tests

58 Resident may be required to submit to drug or alcohol test

59 Resident must be informed of results of test

60 Restrictions on use of result of test

Seclusion

61 Seclusion

Restraint

62 Restraint of residents

63 Escort of persons subject to detention orders

Emergencies

64 In emergency, manager of prison may assist manager of residence

Subpart 5Inspections and complaints into alleged breaches of rights

65 Visits by inspectors

66 Inspectors' access to persons and documents

67 Complaints about breaches of rights

68 Investigation by inspectors

69 Resident to be informed of outcome of investigation

70 Inquiries by inspector

71 Duty of manager to correct deficiencies

Subpart 6Prison detention orders

72 Order for detention in prison

73 Rights and obligations of person subject to prison detention order

Review by review panel

74 Review of prison detention orders by review panel

Review by court

75 Application by chief executive for review of prison detention order

76 Application for cancellation by person subject to prison detention order

77 Court must be provided with relevant reports on person subject to prison detention order

78 Cancellation of prison detention order

79 Consequence of cancellation of prison detention order

Subpart 7Protective supervision

80 Replacement of public protection order with protective supervision order

81 Requirements may be included in protective supervision order

82 Notification of requirements

83 Court may vary requirements of protective supervision order

84 Review panel may modify requirements to render them less restrictive

85 Notification of changes

86 Application by chief executive for review of protective supervision order

87 Application for review by person subject to protective supervision order

88 Review of protective supervision order

89 Cancellation of protective supervision order

90 Offence to breach protective supervision order

Part 2
Procedural, administrative, and miscellaneous matters

Subpart 1Procedural matters

Procedure governing applications to court

91 Service of applications

92 Respondent who fails to appear may be brought to court

93 Court may order interim detention of, or interim imposition of conditions on, respondent

94 Evidence in proceedings under this Act

95 Court may determine whether hearings are held in open or closed court

96 Court may suppress evidence and submissions

Matters governing reviews by review panel

97 Reports to be provided to review panel

98 Interview of person

Subpart 2Matters relating to management or administration

99 Establishment of residences

100 Appointment of residence manager

101 Powers and functions of residence managers

102 Manager of residence may delegate powers and functions

103 Status of delegations

104 Manager may make rules for residence

105 Chief executive may provide guidelines or instructions

106 Matters to be included in annual report of department

Review panel

107 Establishment and constitution of review panel

108 Meetings of review panel

109 Term of appointment, and reappointment

110 Remuneration and expenses of members

111 Immunity of members

Appointment of inspectors

112 Inspectors

Visits by specified office holders

113 Right of specified office holders to visit residences

114 Crimes of Torture Act 1989 not limited

Residence management contracts

115 Management of residences under contract

116 Requirements of residence management contracts

117 Delegation of powers and functions of contractor

118 Liability of contractor

119 Control of contract residence in emergency

120 Residence management contracts to be presented to House of Representatives

121 Release of resident information to and by contract residences

Subpart 3Miscellaneous matters

122 Regulations

123 Sentence of preventive detention not affected by this Act

124 Claims by persons subject to orders under this Act not affected by Prisoners' and Victims' Claims Act 2005

125 Consequential amendments

Schedule
Consequential amendments


The Parliament of New Zealand enacts as follows: