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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Legislation Amendment
(Parole) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Sentencing Procedure) Act 1999
No 92 2
4 Amendment of Crimes (Administration of Sentences)
Act 1999 No 93 2
5 Amendment of Crimes (Sentencing Procedure)
Regulation 2000 2
Schedules
1 Amendment of Crimes (Sentencing Procedure) Act 1999 3
2 Amendment of Crimes (Administration of Sentences)
Act 1999 4
3 Amendment of Crimes (Sentencing Procedure)
Regulation 2000 8
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2003
New South Wales
Crimes Legislation Amendment
(Parole) Bill 2003
Act No , 2003
An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further
provision for the inclusion of parole supervision conditions in parole orders
made by the courts; to amend the Crimes (Administration of Sentences) Act 1999
to provide that the Parole Board is required to record its reasons for releasing
offenders on parole and to make further provision with respect to the constitution
of the Parole Board; and for other purposes.
Clause 1 Crimes Legislation Amendment (Parole) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Legislation Amendment (Parole) Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
The Crimes (Sentencing Procedure) Act 1999 is amended as set out
in Schedule 1.
4 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
The Crimes (Administration of Sentences) Act 1999 is amended as
set out in Schedule 2.
5 Amendment of Crimes (Sentencing Procedure) Regulation 2000
The Crimes (Sentencing Procedure) Regulation 2000 is amended as
set out in Schedule 3.
Page 2
Crimes Legislation Amendment (Parole) Bill 2003
Amendment of Crimes (Sentencing Procedure) Act 1999 Schedule 1
Schedule 1 Amendment of Crimes (Sentencing
Procedure) Act 1999
(Section 3)
[1] Section 51 Conditions on parole orders
Insert after section 51 (1A):
(1AA) If, in making a parole order, the court does not impose any
such conditions in relation to the supervision of the offender,
the parole order is, unless the court expressly states that the
offender is not to be subject to supervision, taken to include
conditions requiring that the offender be subject to
supervision prescribed by the regulations under the Crimes
(Administration of Sentences) Act 1999 while released on
parole.
[2] Section 51 (1B)
Omit "subsection (1A)". Insert instead "subsections (1A) and (1AA)".
[3] Section 51 (1B) (a)
Omit "may not". Insert instead "are not to".
[4] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes Legislation Amendment (Parole) Act 2003, to the
extent that it amends this Act
[5] Schedule 2, Part 10
Insert after Part 9:
Part 10 Provisions consequent on enactment of
Crimes Legislation Amendment (Parole)
Act 2003
50 Application of section 51 (1AA)
Section 51 (1AA), as inserted by the Crimes Legislation
Amendment (Parole) Act 2003, does not apply to any parole
order made by a court under section 50 before the
commencement of that subsection.
Page 3
Crimes Legislation Amendment (Parole) Bill 2003
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999
Schedule 2 Amendment of Crimes (Administration of
Sentences) Act 1999
(Section 4)
[1] Section 128 Conditions governing parole
Insert "(including any conditions that are, under section 51 (1AA) of the
Crimes (Sentencing Procedure) Act 1999, taken to be included in the
order)" after "court" in section 128 (1) (b).
[2] Section 131A
Insert after section 131:
131A Reasons for parole decisions
(1) If the Parole Board makes a decision under this Part:
(a) that an offender should be released on parole, or
(b) that an offender should not be released on parole,
the Parole Board must cause the reasons for its decision to be
recorded in its minutes.
(2) In giving those reasons, the Parole Board must, in the case of
a decision made under Division 2, have regard to the
following:
(a) the principle and matters referred to in section 135 and,
if the decision relates to a serious offender to whom
section 154 applies, the matters referred to in that
section,
(b) such other matters that the Parole Board is, under this
Act or the regulations, required to take into account in
making the decision.
[3] Sections 141 (4) (a), 149 (4) (a) and 150 (4) (a)
Omit the paragraphs.
[4] Section 175 Decision after review
Insert after section 175 (4):
(5) If the Parole Board rescinds the revocation of the periodic
detention order, home detention order or parole order
concerned, the Parole Board must cause the reasons for its
decision to be recorded in its minutes.
Page 4
Crimes Legislation Amendment (Parole) Bill 2003
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 2
[5] Section 180 Offenders to attend Parole Board when called on
Omit "the Chairperson, Alternate Chairperson, Deputy Chairperson or"
from section 180 (2) (a).
Insert instead "a judicial member of the Parole Board (as referred to in
section 183 (2) (a)) or the".
[6] Section 181 Warrants committing offenders to correctional
centres
Omit section 181 (2). Insert instead:
(2) A warrant under this section is to be signed by a judicial
member of the Parole Board as referred to in section 183 (2)
(a).
[7] Section 183 Constitution of Parole Board
Omit section 183 (2). Insert instead:
(2) The Parole Board is to consist of the following members:
(a) at least 4 (referred to as judicial members) are to be
judicially qualified persons appointed by the Governor,
(b) at least one is to be a police officer appointed by the
Commissioner of Police,
(c) at least one is to be an officer of the Probation and
Parole Service appointed by the Commissioner of
Corrective Services,
(d) one is to be the Secretary of the Parole Board,
(e) at least 10 (referred to as community members) are to
be persons, appointed by the Governor, who reflect as
closely as possible the composition of the community at
large.
[8] Schedule 1 Parole Board
Omit clause 1 (1). Insert instead:
(1) A person who is appointed as a judicial member of the Parole
Board is, in and by the instrument by which the person is so
appointed (or such other instrument as may be executed by the
Governor), to be appointed as:
(a) the Chairperson of the Parole Board, or
Page 5
Crimes Legislation Amendment (Parole) Bill 2003
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999
(b) the Alternate Chairperson of the Parole Board, or
(c) a Deputy Chairperson of the Parole Board.
[9] Schedule 1, clause 2 (2)
Omit "the Deputy Chairperson".
Insert instead "a Deputy Chairperson designated by the Chairperson".
[10] Schedule 1, clause 2 (3)
Omit "the Deputy Chairperson" wherever occurring.
Insert instead "a Deputy Chairperson".
[11] Schedule 1, clause 2 (6) (a)
Omit "the Chairperson, Alternate Chairperson or Deputy Chairperson".
Insert instead "the judicial member concerned".
[12] Schedule 1, clause 2 (6) (b)
Insert "a" before "Deputy Chairperson" where firstly occurring.
[13] Schedule 1, clause 14A
Insert after clause 14:
14A Attendance of official members
(1) For the purposes of any meeting of the Parole Board:
(a) not more than one police officer, and
(b) not more than one officer of the Probation and Parole
Service,
may attend for the purposes of constituting the Parole Board.
(2) Despite subclause (1), the Chairperson may convene up to 6
meetings a year of the Parole Board at which all official
members may attend.
[14] Schedule 1, clause 16
Omit "or Deputy Chairperson" wherever occurring.
Insert instead "or a Deputy Chairperson".
Page 6
Crimes Legislation Amendment (Parole) Bill 2003
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 2
[15] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes Legislation Amendment (Parole) Act 2003, to the
extent that it amends this Act
[16] Schedule 5
Insert in appropriate order with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Crimes Legislation Amendment (Parole)
Act 2003
Constitution of Parole Board
The substitution of section 183 (2) of this Act by the Crimes
Legislation Amendment (Parole) Act 2003 does not affect the
appointment of a person as a member of the Parole Board if
the appointment was in force immediately before the
substitution of that subsection.
Judicial members of Parole Board
The substitution of clause 1 (1) of Schedule 1 to this Act by
the Crimes Legislation Amendment (Parole) Act 2003 does
not affect a judicial member's appointment as Chairperson,
Alternate Chairperson or Deputy Chairperson, respectively,
of the Parole Board if the appointment was in force
immediately before the substitution of that subclause.
Page 7
Crimes Legislation Amendment (Parole) Bill 2003
Schedule 3 Amendment of Crimes (Sentencing Procedure) Regulation 2000
Schedule 3 Amendment of Crimes (Sentencing
Procedure) Regulation 2000
(Section 5)
Schedule 1 Forms
Insert before item 1 in Form 2:
In making this parole order, the Court has expressly
stated that this offender is not to be subject to supervision
while released on parole
Page 8
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