Responding to Abuse in Care Legislation Amendment Bill [pdf, 268 KB]
...consequence is a criminal penalty. If it is not a criminal penalty double jeopardy is not engaged. 28. In Belcher v Chief Executive of the Department of Corrections, which concerned extended supervision orders under the Parole Act 2002, the Court of Appeal outlined a range of factors that indicated that the orders were a criminal penalty, such as breach being a criminal offence.5 Aside from being based on conviction, nothing indicates that the workforce restriction is a criminal penalt...