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Western Australia
Parole and Sentencing Legislation Amendment
Bill 2006
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Sentence Administration
Act 2003 amended
3. The Act amended in this Part 3
4. Section 4 amended 3
5. Part 2 heading amended 5
6. Sections 5A, 5B and 5C inserted 5
5A. Release considerations about people in
custody 5
5B Community safety paramount 6
5C. Victim's submission to Board 6
7. Section 7 amended 7
8. Part 2 Division 3 heading amended 7
9. Section 11 amended 7
10. Section 11A inserted 8
11A. Reports by CEO to Board about certain
prisoners 8
11. Section 12 replaced by sections 12 and 12A 9
12. Reports by Board to Minister about
prisoners generally 9
12A. Reports by Board to Minister about
prisoners serving life terms or indefinite
imprisonment 11
12. Part 2 Division 4 replaced 13
129--3 page i
Parole and Sentencing Legislation Amendment Bill 2006
Contents
Division 4 -- Programmes for certain prisoners
13. Board may recommend re-socialisation
programmes for prisoners serving life
terms or indefinite imprisonment 13
14. Board may approve re-socialisation
programmes for certain other prisoners 15
14A. Regulations as to re-socialisation
programmes 16
13. Section 15 replaced 17
15. How to interpret and apply this Part 17
14. Section 16 repealed 17
15. Section 17 amended 17
16. Section 18 repealed 18
17. Section 20 amended 18
18. Section 21 repealed 18
19. Section 22 amended 18
20. Section 23 amended 18
21. Section 24 repealed 19
22. Sections 25, 26 and 27 amended 20
23. Part 3 Division 5A inserted 20
Division 5A -- Releasing prisoners during the
Governor's pleasure
27A. Operation of this Division 20
27B. Release may be by parole order 20
24. Section 28 amended 21
25. Section 30 amended 21
26. Section 31 amended 21
27. Section 33 amended 22
28. Section 35 amended 22
29. Section 36 amended 22
30. Section 37 amended 23
31. Section 38 amended 23
32. Section 39 amended 23
33. Section 40 amended 24
34. Section 42 repealed 24
35. Section 43 amended 24
36. Section 44 amended 24
37. Section 45 repealed 24
38. Section 47 repealed 25
39. Section 48 amended 25
40. Section 49 amended 25
41. Section 50 amended 25
42. Section 51 amended 26
page ii
Parole and Sentencing Legislation Amendment Bill 2006
Contents
43. Section 52 amended 26
44. Section 53 repealed 26
45. Section 54 amended 27
46. Section 60 repealed 27
47. Section 62 repealed 27
48. Section 64 repealed 27
49. Section 69 amended 27
50. Section 70 amended 28
51. Section 71 amended 28
52. Section 72 amended 28
53. Section 73 amended 29
54. Section 74 amended 29
55. Section 97 replaced 29
97. CEO to make information available to
Board 29
56. Part 9 heading replaced 30
Part 9 -- Prisoners Review Board
57. Sections 102, 103 and 104 replaced by
sections 102, 103, 104 and 104A 30
102. Prisoners Review Board established 30
103. Membership 30
104. Training 33
104A. Registrar and other staff 33
58. Section 106 amended 33
59. Sections 107A, 107B and 107C inserted 33
107A. Board may call on expert or professional
assistance 33
107B. Notification of Board's decisions 34
107C. Publication of Board's decisions 35
60. Section 108 amended 35
61. Section 109 amended 35
62. Section 110 amended 35
63. Section 111 amended 36
64. Section 112 replaced 36
112. Annual report to Minister 36
65. Section 115A inserted 37
115A. Board may review decisions about release 37
66. Section 119 amended 39
67. Section 122 inserted 39
122. Review of Act 39
68. Schedule 1 replaced 40
page iii
Parole and Sentencing Legislation Amendment Bill 2006
Contents
Schedule 1 -- Provisions applying to the Prisoners
Review Board
1. Meaning of "member" 40
2. Tenure of office 40
3. Resignation 41
4. Terminating appointments 41
5. Meetings 42
6. Conditions of service 43
7. Leave of absence 43
69. Schedule 2 amended 44
Part 3 -- Sentencing Act 1995
amended
70. The Act amended in this Part 45
71. Sections 8 and 16 amended 45
72. Section 33A amended 45
73. Section 33O amended 46
74. Section 84E replaced and consequential
amendment to Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004 46
84E. Alleging re-offending in court 46
75. Section 84P amended and consequential
amendment to Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004 48
76. Section 89 amended 48
77. Section 94 amended 49
78. Section 150 inserted 50
150. Review of Act 50
79. References to "Crown" amended 51
Part 4 -- Criminal Law (Mentally
Impaired Accused) Act 1996
amended
80. The Act amended in this Part 52
81. Section 33 amended 52
82. Section 42 replaced by sections 42 and 42A 53
42. Members 53
42A. Meetings 54
83. Section 43 replaced 54
43. Registrar and staff 54
84. Section 46 amended 54
page iv
Parole and Sentencing Legislation Amendment Bill 2006
Contents
Part 5 -- Young Offenders Act 1994
amended
85. The Act amended in this Part 56
86. Section 15A amended 56
87. Section 133 amended 56
88. Section 152 amended 57
Part 6 -- Other Acts amended
89. Constitution Acts Amendment Act 1899 amended 58
90. Freedom of Information Act 1992 amended 58
91. Juries Act 1957 amended 58
92. Parole Orders (Transfer) Act 1984 amended 59
93. Prisoners (Release for Deportation) Act 1989
amended 59
94. Sentencing Legislation Amendment and Repeal
Act 2003 amended 60
95. Sentencing Legislation Amendment Act 2004
amended 60
96. Spent Convictions Act 1988 amended 61
97. Victims of Crime Act 1994 amended 61
Part 7 -- Transitional provisions
98. Arrangements for CEO parole orders 62
99. Arrangements for RROs 63
100. Arrangements for members of existing Parole
Board 63
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Parole and Sentencing Legislation Amendment
Bill 2006
A Bill for
An Act to amend the Sentence Administration Act 2003 as to parole
and other matters and to make related and other amendments to --
· the Sentencing Act 1995;
· the Criminal Law (Mentally Impaired Accused) Act 1996;
· the Young Offenders Act 1994; and
· various other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Parole and Sentencing Legislation Amendment Bill 2006
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Parole and Sentencing Legislation Amendment
Act 2006.
5 2. Commencement
(1) Subject to this section, this Act comes into operation on a day
fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 (3) Section 71 comes into operation on --
(a) the day on which the Criminal Law Amendment
(Criminal Property) Act 2004 Part 3 comes into
operation; or
(b) the day this Act receives the Royal Assent,
15 whichever is the later.
(4) Sections 74 and 75 come into operation on --
(a) the day on which the Sentencing Legislation Amendment
Act 2004 section 5 comes into operation; or
(b) the day this Act receives the Royal Assent,
20 whichever is the later.
page 2
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 3
Part 2 -- Sentence Administration Act 2003 amended
3. The Act amended in this Part
The amendments in this Part are to the Sentence Administration
Act 2003*.
5 [* Act No. 49 of 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004 p. 407.]
4. Section 4 amended
Section 4(2) is amended as follows:
10 (a) by inserting after "In this Act" --
" , unless the contrary intention appears ";
(b) by deleting the definitions of "Board", "CEO parole
order", "CEO parole order (supervised)", "CEO parole
order (unsupervised)" and "departmental officer";
15 (c) by inserting in the appropriate alphabetical positions --
"
"Board" means the Prisoners Review Board;
"parole order (unsupervised)" means a parole order
that specifies that it is unsupervised;
20 "prisoner" means --
(a) a person sentenced to a fixed term, whether a
parole term or not;
(b) a person sentenced to a life term;
(c) a person sentenced to indefinite
25 imprisonment; or
(d) a person in, or regarded as being in, strict or
safe custody by virtue of an order made
under section 282 of The Criminal Code;
"release considerations" relating to a prisoner, has the
30 meaning given to that term by section 5A;
page 3
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 4
"re-socialisation programme" means a programme of
a prescribed kind that can be provided under the
Prisons Act 1981 to address the following factors
insofar as they are relevant to equipping a
5 particular prisoner for re-entry into the general
community --
(a) education;
(b) employment;
(c) drug and alcohol use;
10 (d) mental and physical health;
(e) attitudes and social control;
(f) institutionalisation and life skills;
(g) housing;
(h) financial support and debt;
15 (i) family and community networks;
(j) any other prescribed factor;
"sentence" includes order;
"victim" of an offence means --
(a) a person who has suffered injury, loss or
20 damage as a direct result of the offence,
whether or not that injury, loss or damage
was reasonably foreseeable by the offender;
or
(b) where the offence resulted in a death, any
25 member of the immediate family of the
deceased;
"victim's submission" has the meaning given to that
term by section 5C(1);
".
page 4
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 5
5. Part 2 heading amended
The heading to Part 2 is amended by deleting "about people in
custody".
6. Sections 5A, 5B and 5C inserted
5 After section 5 the following sections are inserted in Part 2
Division 1 --
"
5A. Release considerations about people in custody
In this Act a reference to the "release considerations"
10 relating to a prisoner is a reference to these
considerations --
(a) the degree of risk (having regard to any
likelihood of the prisoner committing an
offence when subject to an early release order
15 and the likely nature and seriousness of any
such offence) that the release of the prisoner
would appear to present to the personal safety
of people in the community or of any individual
in the community;
20 (b) the circumstances of the commission of, and
the seriousness of, an offence for which the
prisoner is in custody;
(c) any remarks by a court that has sentenced the
prisoner to imprisonment that are relevant to
25 any of the matters mentioned in paragraph (a)
or (b);
(d) issues for any victim of an offence for which
the prisoner is in custody if the prisoner is
released, including any matter raised in a
30 victim's submission;
(e) the behaviour of the prisoner when in custody
insofar as it may be relevant to determining
how the prisoner is likely to behave if released;
page 5
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 6
(f) whether the prisoner has participated in
programmes available to the prisoner when in
custody, and if not the reasons for not doing so;
(g) the prisoner's performance when participating
5 in a programme mentioned in paragraph (f);
(h) the behaviour of the prisoner when subject to
any release order made previously;
(i) the likelihood of the prisoner committing an
offence when subject to an early release order;
10 (j) the likelihood of the prisoner complying with
the standard obligations and any additional
requirements of any early release order;
(k) any other consideration that is or may be
relevant to whether the prisoner should be
15 released.
5B. Community safety paramount
The Board or any other person performing functions
under this Act must regard the safety of the community
as the paramount consideration.
20 5C. Victim's submission to Board
(1) A "victim's submission" is a written submission by a
victim of an offence for which a prisoner is in custody
that does either or both of the following --
(a) states the victim's opinion of the effect the
25 release of the prisoner would have on the
victim;
(b) makes suggestions about the conditions that
should apply to the prisoner if released.
(2) If a victim is personally incapable of making a victim's
30 submission due to age, disability or infirmity, a person
may make a victim's submission on the victim's
behalf.
page 6
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 7
(3) The Board and the CEO are to establish procedures for
the making of victims' submissions and their receipt by
or transmission to the Board.
(4) In performing its functions, the Board is to have regard
5 to any victim's submission received by or transmitted
to it in accordance with the procedures and is to give
the submission such weight as it sees fit.
(5) The Board must not --
(a) give a victim's submission, or a copy of a
10 victim's submission, to the prisoner or to any
person acting for or on behalf of, or
representing, the prisoner; or
(b) allow the prisoner or any person acting for or
on behalf of, or representing, the prisoner to
15 view a victim's submission.
".
7. Section 7 amended
Section 7(4) is amended by deleting "subsection (1)." and
inserting instead --
20 " subsection (2). ".
8. Part 2 Division 3 heading amended
The heading to Part 2 Division 3 is amended by deleting
"certain people in custody" and inserting instead --
" prisoners ".
25 9. Section 11 amended
(1) Section 11(2) is amended by deleting "ordered to be detained in
strict custody" and inserting instead --
"
in, or is regarded as being in, strict custody by virtue of
30 an order made
".
page 7
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 10
(2) After section 11(2) the following subsection is inserted --
"
(3) In this section --
"Minister" means the Minister administering
5 section 282 of The Criminal Code.
".
10. Section 11A inserted
After section 11 the following section is inserted --
"
10 11A. Reports by CEO to Board about certain prisoners
(1) In this section --
"prisoner" does not include a prisoner sentenced to a
fixed term of less than the length prescribed for the
purposes of this section.
15 (2) At any time the Board may request the CEO to give the
Board a written report about a prisoner (a "prisoner
management report").
(3) A request --
(a) must be in writing;
20 (b) must specify the prisoner concerned;
(c) must specify the matters to be dealt with in a
prisoner management report;
(d) may request the CEO to give a prisoner
management report on more than one occasion,
25 as specified in the request; and
(e) may request the CEO to give a prisoner
management report --
(i) at a time specified or referred to in the
request; or
30 (ii) at more than one time specified or
referred to in the request.
page 8
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 11
(4) Without limiting subsection (3)(e), the time at which a
prisoner management report is to be given may be
fixed by reference to a time when the Board will
review the prisoner's circumstances.
5 (5) The Board may give the CEO written directions in
general terms about giving the Board prisoner
management reports.
(6) Matters about which the Board can give the CEO
directions include --
10 (a) which prisoners the CEO is to give prisoner
management reports about;
(b) what prisoner management reports are to deal
with; and
(c) when prisoner management reports are to be
15 given.
(7) The Board may at any time give the CEO a written
notice amending or cancelling a request or direction
given under this section.
(8) On receiving a request or direction given under this
20 section the CEO must comply with it so far as is
reasonably practicable.
".
11. Section 12 replaced by sections 12 and 12A
Section 12 is repealed and the following sections are inserted
25 instead --
"
12. Reports by Board to Minister about prisoners
generally
(1) At any time the Minister, in writing, may request the
30 Board to report about a prisoner.
page 9
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 11
(2) The Board must give the Minister a written report
about a prisoner --
(a) whenever it gets a written request to do so from
the Minister;
5 (b) whenever it thinks there are special
circumstances which justify doing so; and
(c) in any event, in the case of a person referred to
in paragraph (d) of the definition of "prisoner"
in section 4(2), at least once in every year.
10 (3) A report given under subsection (2) must deal with the
release considerations relating to the prisoner.
(4) A report --
(a) must, if given under subsection (2)(a); and
(b) may, if given under subsection (2)(b) or (c),
15 recommend whether or not the Governor should be
advised to exercise any power vested in the Governor
to release the prisoner and, if release is recommended,
the requirements or conditions (if any) that should
apply to the prisoner's release.
20 (5) If a report given under subsection (2) about a prisoner
recommends that the prisoner be released, the report
must, in addition to addressing the matters required by
subsections (3) and (4), report --
(a) on the nature and circumstances of the offence
25 that gave rise to the prisoner being in custody;
and
(b) if parole is recommended --
(i) on the period for which the prisoner
should be on parole; and
page 10
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 11
(ii) on the additional requirements (if any)
to which the prisoner should be subject
while on parole,
and may address any other matters the Board thinks fit.
5 (6) In the case of a person referred to in paragraph (d) of
the definition of "prisoner" in section 4(2) "Minister",
in this section, means the Minister administering
section 282 of The Criminal Code.
12A. Reports by Board to Minister about prisoners
10 serving life terms or indefinite imprisonment
(1) In this section --
"prisoner" means a person serving a sentence
described in column 1 of the Table to this section.
(2) The Board must give the Minister a written report
15 about a prisoner at the times stated in columns 2 and 3
of the Table to this section, whether or not it has given
the Minister a report about the prisoner under
section 12.
(3) A report given under subsection (2) must deal with the
20 release considerations relating to the prisoner.
(4) If a report given under subsection (2) recommends that
the prisoner be released, the report must, in addition to
any other matters the Board thinks fit, report on --
(a) whether the prisoner should be released on
25 parole; and
(b) if release on parole is recommended --
(i) the period for which the prisoner should
be on parole; and
(ii) the additional requirements (if any) to
30 which the prisoner should be subject
while on parole.
page 11
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 11
(5) A report given under subsection (2) may recommend
whether or not the Governor should be advised to
exercise any power vested in the Governor to release
the prisoner, and, if release is recommended, the
5 requirements or conditions (if any) that should apply to
the prisoner's release.
Table
When
Type of sentence When report is due subsequent
reports are due
Life imprisonment for an 7 years after the day on which Every 3 years
offence other than murder or the term began or is taken to after that
wilful murder have begun
Life imprisonment for At the end of the minimum Every 3 years
murder period set under section 90(1) after that
of the Sentencing Act 1995
Life imprisonment for wilful At the end of the minimum Every 3 years
murder period set under section 90(2) after that
of the Sentencing Act 1995
Strict security life At the end of the minimum Every 3 years
imprisonment, other than period set under section 91(1) after that
where, under section 91(3) of the Sentencing Act 1995
of the Sentencing Act 1995,
the prisoner has been
ordered to be imprisoned for
the whole of his or her life
Indefinite imprisonment One year after the day on Every 3 years
which the sentence began after that
".
page 12
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 12
12. Part 2 Division 4 replaced
Part 2 Division 4 is repealed and the following Division is
inserted instead --
"
5 Division 4 -- Programmes for certain prisoners
13. Board may recommend re-socialisation
programmes for prisoners serving life terms or
indefinite imprisonment
(1) In this section --
10 "prisoner" means a person serving a sentence
described in column 1 of the Table to section 12A.
(2) At a prescribed time in the sentence of a prisoner the
CEO must assess --
(a) the suitability of the prisoner for inclusion in a
15 re-socialisation programme; and
(b) whether the prisoner's participation in a
re-socialisation programme can be facilitated
by the CEO.
(3) The CEO is to give the Board a written report on the
20 outcome of an assessment made under subsection (2).
(4) If the Board --
(a) has received a report under subsection (3)
advising that the CEO can facilitate the
prisoner's participation in a re-socialisation
25 programme; and
(b) considers that the prisoner may be suitable for
inclusion in a re-socialisation programme,
the Board may request the CEO to give it a detailed
description of a re-socialisation programme in which
30 the prisoner should participate before being released,
and the CEO must comply with that request.
page 13
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 12
(5) If after --
(a) receiving a re-socialisation programme from
the CEO under subsection (4); and
(b) considering the release considerations relating
5 to the prisoner,
the Board endorses the programme, with or without
variations, the Board may, in a report given under
section 12A(2) or at any other time, recommend to the
Minister that the Governor should be advised to
10 approve of the programme as so endorsed and of the
prisoner's participation in it.
(6) If the Governor approves of the re-socialisation
programme and of the prisoner's participation in it, the
Board is to provide it to the CEO as so approved.
15 (7) The CEO must give a copy of the approved
re-socialisation programme to the prisoner and
implement it as far as is reasonably practicable unless it
is suspended or cancelled in accordance with the
regulations.
20 (8) A prisoner is not to participate in a re-socialisation
programme other than one approved by the Governor
and provided to the CEO under subsection (6).
(9) Nothing in this section limits the power of --
(a) the Board to recommend to the CEO any other
25 programme in which the prisoner should
participate before being released; or
(b) the CEO to implement any other programme
before the prisoner is released.
page 14
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 12
14. Board may approve re-socialisation programmes
for certain other prisoners
(1) In this section --
"prisoner" does not include --
5 (a) a prisoner sentenced to a fixed term of less
than the length prescribed for the purposes of
section 11A; or
(b) a prisoner serving a sentence described in
column 1 of the Table to section 12A.
10 (2) Without limiting section 11A, the Board may at any
time request the CEO to assess, at a prescribed time in
the sentence of a prisoner --
(a) the suitability of the prisoner for inclusion in a
re-socialisation programme; and
15 (b) whether the prisoner's participation in a
re-socialisation programme can be facilitated
by the CEO.
(3) The CEO is to give the Board a written report on the
outcome of an assessment made under subsection (2).
20 (4) If the Board --
(a) has received a report under subsection (3)
advising that the CEO can facilitate the
prisoner's participation in a re-socialisation
programme; and
25 (b) considers that the prisoner may be suitable for
inclusion in a re-socialisation programme,
the Board may request the CEO to give it a detailed
description of a re-socialisation programme in which
the prisoner should participate before being released,
30 and the CEO must comply with that request.
page 15
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 12
(5) If after --
(a) receiving a re-socialisation programme from
the CEO under subsection (4); and
(b) considering the release considerations relating
5 to the prisoner,
the Board approves of the programme, with or without
variations, and of the prisoner's participation in it, the
Board is to provide it to the CEO as so approved.
(6) The CEO must give a copy of the approved
10 re-socialisation programme to the prisoner and
implement it as far as is reasonably practicable unless it
is suspended or cancelled in accordance with the
regulations.
(7) Nothing in this section limits the power of --
15 (a) the Board to recommend to the CEO any other
programme in which the prisoner should
participate before being released; or
(b) the CEO to implement any other programme
before the prisoner is released.
20 14A. Regulations as to re-socialisation programmes
Regulations may deal with --
(a) the procedures set out in sections 13 and 14;
and
(b) the nature and content of re-socialisation
25 programmes and their implementation,
suspension, cancellation and reinstatement.
".
page 16
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 13
13. Section 15 replaced
Section 15 is repealed and the following section is inserted
instead --
"
5 15. How to interpret and apply this Part
In this Part, unless the contrary intention appears,
words and expressions have the same definitions, and
calculations are to be made in the same way, as in
Part 13 of the Sentencing Act 1995.
10 ".
14. Section 16 repealed
Section 16 is repealed.
15. Section 17 amended
(1) Section 17(1) is amended by deleting "on the parole" and
15 inserting instead --
" that deals with the release ".
(2) Section 17(2) is amended by deleting "parole." and inserting
instead --
" parole under section 93(1) of the Sentencing Act 1995. ".
20 (3) After section 17(2) the following subsection is inserted --
"
(3) The CEO's duty under this section in respect of a
prisoner is in addition to any duty under section 11A in
respect of the prisoner unless the Board, having
25 received a prisoner management report under
section 11A in respect of the prisoner, directs the CEO
not to comply with this section.
".
page 17
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 16
16. Section 18 repealed
Section 18 is repealed.
17. Section 20 amended
Section 20(2)(a) is amended by deleting "parole" and inserting
5 instead --
" release ".
18. Section 21 repealed
Section 21 is repealed.
19. Section 22 amended
10 Section 22(1)(a) and (b) are amended by inserting after
"prescribed term" --
"
or a term in respect of which a parole eligibility
order has been made
15 ".
20. Section 23 amended
(1) After section 23(2) the following subsection is inserted --
"
(2a) In making a decision under this section in respect of a
20 prisoner, the Board must have regard to --
(a) the release considerations relating to the
prisoner;
(b) any report made by the CEO under section 17;
and
25 (c) any other information about the prisoner
brought to its attention.
".
page 18
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 21
(2) Section 23(3) is amended by deleting "The CEO -- " and
inserting instead --
" Subject to section 10, the Board -- ".
(3) Section 23(4) is amended by deleting "CEO," and inserting
5 instead --
" Board, ".
(4) After section 23(5) the following subsections are inserted --
"
(5a) Despite subsection (5), the Board may defer the release
10 date of a parole order by up to 7 days if transport
arrangements cannot be made for the prisoner on the
day when the prisoner is eligible for release.
(5b) Despite subsection (5), the Board does not have to
make a parole order under subsection (3)(b) while the
15 prisoner is required to be kept in custody in respect of
another matter.
".
(5) Section 23(8) is repealed.
(6) Section 23(9) is amended as follows:
20 (a) by deleting "CEO";
(b) in paragraph (a) by deleting "and (3)".
(7) Section 23(10) is amended by deleting "CEO" in both places
where it occurs and inserting instead --
" Board ".
25 Note: The heading to section 23 will be altered by deleting "CEO" and
inserting instead "Board".
21. Section 24 repealed
Section 24 is repealed.
page 19
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 22
22. Sections 25, 26 and 27 amended
Section 25(1)(b), 26(1)(b) and 27(1) are amended by deleting
"to the Minister under section 12 or 18." and inserting
instead --
5 " under section 12 or 12A. ".
23. Part 3 Division 5A inserted
After section 27 the following Division is inserted --
"
Division 5A -- Releasing prisoners during the
10 Governor's pleasure
27A. Operation of this Division
The powers in this Division are in addition to the
power of the Governor to at any time release people
who are in custody during the Governor's pleasure.
15 27B. Release may be by parole order
(1) The release by the Governor of a person in, or regarded
as being in, strict or safe custody by virtue of an order
made under section 282 of The Criminal Code may, if
the Governor thinks fit, be by means of a parole order
20 made by the Governor.
(2) The parole order may not be made unless a report
about the person has been given by the Board under
section 12.
(3) The release date is that set by the Governor.
25 (4) The parole period in the order is to be set by the
Governor and must be at least 6 months and not more
than 5 years.
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Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 24
(5) The Minister must cause a copy of every parole order
made in respect of a person described in subsection (1)
and a written explanation of the circumstances giving
rise to it to be tabled in each House of Parliament
5 within 15 sitting days of that House after it is made.
".
24. Section 28 amended
(1) Section 28(1)(b) is amended by deleting "supervised" and
inserting instead --
10 " parole ".
(2) Section 28(2), (3) and (4) are repealed.
25. Section 30 amended
Section 30 is amended by deleting ", the CEO".
26. Section 31 amended
15 (1) Section 31(1) is amended as follows:
(a) by deleting "The CEO" and inserting instead --
"
Unless the parole order is a parole order
(unsupervised), the CEO
20 ";
(b) by deleting "supervised" and inserting instead --
" parole ".
(2) Section 31(2) is amended by deleting from "the CEO may --"
to the end of the subsection and inserting instead --
25 "
the CEO may recommend to the Board that the
prisoner no longer be supervised by a CCO.
".
page 21
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 27
(3) Section 31(3) is amended as follows:
(a) by deleting "subsection (2)(d)," and inserting instead --
" subsection (2), ";
(b) by deleting "supervised period" and inserting instead --
5 " parole period ".
(4) Section 31(5) is amended by deleting "supervised" and inserting
instead --
" parole ".
27. Section 33 amended
10 (1) Section 33(2) is repealed.
(2) Section 33(3) is amended by deleting "In any other case, the"
and inserting instead --
" The ".
28. Section 35 amended
15 (1) Section 35(1) is amended by deleting ", the CEO".
(2) Section 35(2) is repealed.
(3) Section 35(3) is amended by deleting "In any other case, the"
and inserting instead --
" The ".
20 (4) Section 35(4) is amended by deleting ", the CEO".
29. Section 36 amended
Section 36 is amended as follows:
(a) after paragraph (a) by inserting --
" or ";
25 (b) by deleting paragraph (b) and "or" after it.
page 22
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 30
30. Section 37 amended
(1) Section 37(1) and (2) are repealed and the following subsection
is inserted instead --
"
5 (1) The Board may, at any time during the parole period of
a parole order, amend the parole order, irrespective of
whether it was made by the Board or by the Governor.
".
(2) Section 37(4) is repealed.
10 31. Section 38 amended
(1) Section 38(1) is amended as follows:
(a) by deleting "supervised" and inserting instead --
" parole ";
(b) by deleting "by the CEO,".
15 (2) Section 38(2) is amended by deleting "supervised" and inserting
instead --
" parole ".
(3) Section 38(4) is repealed.
Note: The heading to section 38 will be altered by deleting "during
20 supervised period".
32. Section 39 amended
(1) Section 39(1) is amended by deleting "supervised" and inserting
instead --
" parole ".
page 23
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 33
(2) Section 39(2) is repealed and the following subsection is
inserted instead --
"
(2) Subsection (1) does not apply to a parole order
5 (unsupervised).
".
Note: The heading to section 39 will be altered by deleting "during
supervised period".
33. Section 40 amended
10 Section 40(2) is repealed.
34. Section 42 repealed
Section 42 is repealed.
35. Section 43 amended
Section 43(2) is repealed.
15 36. Section 44 amended
(1) Section 44(1) is amended by deleting "Subject to subsection (2),
the" and inserting instead --
" The ".
(2) Section 44(2) and (3) are repealed.
20 (3) Section 44(4) is amended as follows:
(a) by deleting "CEO";
(b) by deleting "CEO's" and inserting instead --
" Board's ".
Note: The heading to section 44 will be altered by deleting "by Board or
25 CEO" and inserting instead "after release".
37. Section 45 repealed
Section 45 is repealed.
page 24
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 38
38. Section 47 repealed
Section 47 is repealed.
39. Section 48 amended
(1) Section 48(1)(a)(i) is amended by deleting "during the
5 supervised period".
(2) Section 48(1) is amended by deleting paragraph (e) and "and"
after it and inserting instead --
"
(e) written notice of and reasons for the decision;
10 (ea) a summary of the grounds and any submissions
in an application for a review made by the
prisoner under section 115A; and
".
40. Section 49 amended
15 Section 49(3)(b) is amended by deleting ", the supervision
period applicable in any case".
41. Section 50 amended
Section 50 is amended as follows:
(a) by deleting paragraph (a) and inserting instead --
20 "
(a) he or she is not serving a parole term;
";
(b) in paragraph (c) by deleting "14(1)" and inserting
instead --
25 " 27B(1) ".
(c) in paragraph (e) by deleting "(whether under a parole
order or not)".
page 25
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 42
42. Section 51 amended
Section 51(3) is repealed and the following subsection is
inserted instead --
"
5 (3) A report by the CEO under subsection (1) must address
the release considerations relating to the prisoner.
".
43. Section 52 amended
(1) Section 52(2) is repealed and the following subsection is
10 inserted instead --
"
(2) When deciding whether or not to make an RRO in
respect of the prisoner the Board is to have regard to
the release considerations relating to a prisoner.
15 ".
(2) Section 52(3) is amended by deleting "If in the case of a
prisoner who is not serving a parole term the Board is not
satisfied under subsection (2), the Board may nevertheless make
an RRO in respect of the prisoner if satisfied that" and inserting
20 instead --
" In particular the Board must have regard to whether ".
(3) Section 52(4) is repealed.
44. Section 53 repealed
Section 53 is repealed.
page 26
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 45
45. Section 54 amended
Section 54(3)(b) is deleted and the following paragraph is
inserted instead --
"
5 (b) ending on the date when under section 95 of the
Sentencing Act 1995, the prisoner must be
released.
".
46. Section 60 repealed
10 Section 60 is repealed.
47. Section 62 repealed
Section 62 is repealed.
48. Section 64 repealed
Section 64 is repealed.
15 49. Section 69 amended
(1) Section 69(1) is amended by inserting after "and" --
" , subject to subsection (1b), ".
(2) After section 69(1) the following subsections are inserted --
"
20 (1a) Subsection (1b) applies to a prisoner who resumes
serving a fixed term in custody under subsection (1)
if --
(a) the early release order was an RRO; and
(b) the fixed term is not a parole term and was
25 imposed on or before 30 August 2003.
(1b) Subject to Part 2 Division 2, a prisoner to whom this
subsection applies is entitled to be released when he or
she has served two-thirds of the fixed term.
".
page 27
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 50
(3) Section 69(4) is amended by deleting "14(1)" and inserting
instead --
" 27B(1) ".
(4) After section 69(5) the following subsection is inserted --
5 "
(6) For the purposes of this section, to calculate the length
in days of two-thirds of a fixed term imposed on or
before 30 August 2003 --
(a) determine the date on which the term as
10 imposed by the court began and will end, and
then express the term as a number of days
("T");
(b) then divide T by 3 and disregard any
remainder;
15 (c) then subtract that result from T and add to the
result the number of days of remission that the
prisoner has been ordered to forfeit under the
Prisons Act 1981 (if any).
".
20 50. Section 70 amended
Section 70(2)(c) is amended by deleting "or cancelled".
51. Section 71 amended
Section 71(3)(a) is amended by deleting "or the CEO (as the
case may be)".
25 52. Section 72 amended
(1) Section 72(1) is amended as follows:
(a) by deleting "or the CEO" in the first place where it
occurs;
(b) by deleting "or the CEO, as the case may be,".
page 28
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 53
(2) Section 72(2) is repealed and the following subsection is
inserted instead --
"
(2) If the subsequent early release order is a parole order,
5 the parole period in it is the period that begins on the
day when the prisoner is released and ends when the
term ends.
".
Note: The heading to section 72 will be altered by deleting "or CEO".
10 53. Section 73 amended
Section 73(3) is repealed.
54. Section 74 amended
Section 74(b) is amended by deleting "or the CEO".
55. Section 97 replaced
15 Section 97 is repealed and the following section is inserted
instead --
"
97. CEO to make information available to Board
(1) This section operates despite any other written law that
20 requires the CEO not to disclose information.
(2) Subject to any directions given by the Board to the
CEO, the CEO must, in any report about a prisoner that
the CEO has to give the Board under this Act, include
all information in relation to the prisoner that is in the
25 possession of the CEO and that is or may be relevant to
any decision the Board may make under this Act in
respect of the prisoner.
(3) Without limiting subsection (2) but subject to any
directions given by the Board to the CEO, if a breach
30 of an early release order comes to the knowledge of the
page 29
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 56
CEO, the CEO must forthwith report the matter to the
Board and must provide such other information about
the breach as the Board requires.
(4) The CEO must allow the Board's members and staff
5 access to information about prisoners in custody on
information systems controlled and managed by the
CEO but only to the extent necessary for the
performance of the Board's functions.
".
10 56. Part 9 heading replaced
The heading to Part 9 is deleted and the following heading is
inserted instead --
"
Part 9 -- Prisoners Review Board
15 ".
57. Sections 102, 103 and 104 replaced by sections 102, 103, 104
and 104A
Sections 102 to 104 are repealed and the following sections are
inserted instead --
20 "
102. Prisoners Review Board established
(1) A board called the Prisoners Review Board is
established.
(2) The Board is to be taken to be a continuation of the
25 Parole Board established previously.
103. Membership
(1) The members of the Board are --
(a) a chairperson, to be nominated by the Minister
and appointed by the Governor;
page 30
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 57
(b) at least 2 deputy chairpersons, to be nominated
by the Minister and appointed by the Governor;
(c) as many community members as are necessary
to deal with the workload of the Board, to be
5 nominated by the Minister and appointed by the
Governor;
(d) as many officers of the Public Sector agency of
which the CEO is the chief executive officer as
are necessary to deal with the workload of the
10 Board, to be appointed by the CEO; and
(e) as many police officers as are necessary to deal
with the workload of the Board, to be appointed
by the Commissioner of Police.
(2) The Minister must not nominate a person as the
15 chairperson unless --
(a) the person --
(i) is a judge of the Supreme Court or the
District Court; or
(ii) is a retired judge of one of those courts;
20 and
(b) if paragraph (a)(i) applies to the person, the
Minister has consulted the Chief Justice or the
Chief Judge of the District Court (as the case
may be) about the nomination.
25 (3) The Minister must not nominate a person as a deputy
chairperson unless the person has, in the Minister's
opinion, extensive or special knowledge of matters
involved in the performance of the Board's functions.
(4) The Minister must not nominate a person as a
30 community member unless the Minister is satisfied --
(a) that the person is able to make an objective and
reasonable assessment of the degree of risk that
the release of a prisoner would appear to
page 31
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 57
present to the personal safety of people in the
community or of any individual in the
community; and
(b) that the person has one or more of the following
5 attributes --
(i) the person has a knowledge and
understanding of the impact of offences
on victims;
(ii) the person has a knowledge and
10 understanding of Aboriginal culture
local to this State;
(iii) the person has a knowledge and
understanding of a range of cultures
among Australians;
15 (iv) the person has a knowledge and
understanding of the criminal justice
system;
(v) the person has a broad experience in a
range of community issues such as
20 issues relating to employment,
substance abuse, physical or mental
illness or disability, or lack of housing,
education or training.
(5) In nominating persons as community members the
25 Minister is to ensure that at all times at least one
community member has the attribute mentioned in
subsection (4)(b)(i) and at least one community
member is an Aboriginal person who has the attribute
mentioned in subsection (4)(b)(ii).
30 (6) On appointing a member of the Board under
subsection (1)(d) or (e), the CEO or the Commissioner
of Police, as the case may be, must give written notice
of the appointment to --
(a) the person appointed; and
35 (b) the registrar of the Board.
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Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 58
104. Training
(1) The chairperson and deputy chairpersons are
responsible for directing the education, training, and
professional development of members of the Board.
5 (2) The Minister is to ensure that appropriate provision is
made for the education, training, and professional
development of members of the Board.
104A. Registrar and other staff
(1) A person is to be appointed as the registrar of the
10 Board.
(2) The registrar and any other staff of the Board are to be
appointed under Part 3 of the Public Sector
Management Act 1994.
".
15 58. Section 106 amended
After section 106(2) the following subsection is inserted --
"
(3) A member of the Board, other than the chairperson,
must comply with any relevant public sector standard
20 or code of ethics established under section 21 of the
Public Sector Management Act 1994 when performing
functions as a member of the Board.
".
59. Sections 107A, 107B and 107C inserted
25 After section 107 the following sections are inserted --
"
107A. Board may call on expert or professional assistance
The Board may appoint a person with relevant
knowledge or experience to assist the Board in relation
page 33
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 59
to a matter within the Board's functions by providing a
report, advice or professional services.
107B. Notification of Board's decisions
(1) The Board must give a prisoner written notice of any
5 decision made under this Act in respect of the person
as soon as practicable after the decision is made.
(2) The Board must give the CEO written notice of any
decision made under this Act in respect of a prisoner as
soon as practicable after the decision is made.
10 (3) Without limiting subsections (1) and (2), they apply --
(a) to a decision, whether by the Board or the
Governor, not to make an early release order in
respect of a prisoner;
(b) to a decision to make a parole order in which
15 the release date is not the day when, under
section 23(2) or section 93(1) of the Sentencing
Act 1995, the prisoner is eligible to be released
on parole;
(c) to a decision, whether by the Governor or the
20 Board, to amend, suspend or cancel an early
release order; and
(d) to a decision by the Board not to make a
request under section 13(4) after receiving a
report under section 13(3) or not to endorse,
25 with or without variations, a re-socialisation
programme received under section 13(4),
and, in the case of subsection (1) --
(e) to a decision by the CEO to suspend an early
release order.
30 (4) Subject to section 114, a notice under subsection (1)
or (2) must include the reasons for the decision.
page 34
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 60
(5) If the decision is a reviewable decision, as that term is
defined in section 115A, a notice under subsection (1)
must inform the prisoner of the effect of section 115A.
107C. Publication of Board's decisions
5 (1) This section operates despite section 119.
(2) The chairperson of the Board may make public a
decision of the Board or the reasons for it if the
chairperson considers it is in the public interest to do so
having regard to all the circumstances including the
10 interests of the prisoner concerned and the interests of
any victim.
".
60. Section 108 amended
Section 108(1) is amended in paragraph (a) of the definition of
15 "authorised person" by deleting "secretary" and inserting
instead --
" registrar ".
61. Section 109 amended
Section 109(1) is amended by deleting "CEO parole order" and
20 inserting instead --
" parole order (unsupervised) ".
62. Section 110 amended
Section 110(2)(b) is amended as follows:
(a) by deleting " judicial member" and inserting instead --
25 " chairperson ";
(b) by deleting "Judge" and inserting instead --
" judge ".
page 35
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 63
63. Section 111 amended
Section 111(1)(a) and (2) are amended by deleting "secretary"
and inserting instead --
" registrar ".
5 64. Section 112 replaced
Section 112 is repealed and the following section is inserted
instead --
"
112. Annual report to Minister
10 Before 1 October in each year, the Board is to give a
written report to the Minister on --
(a) the performance of the Board's functions
during the previous financial year;
(b) the number of prisoners who became eligible to
15 be released under a parole order during the
previous financial year;
(c) the number of prisoners who applied to be
released under an RRO during the previous
financial year;
20 (d) the number of prisoners who were refused an
early release order by the Board or the
Governor during the previous financial year;
(e) the number of prisoners released under an early
release order by the Board or the Governor
25 during the previous financial year;
(f) the number of prisoners who completed an
early release order during the previous financial
year;
(g) the number of early release orders suspended or
30 cancelled during the previous financial year and
the reasons for suspension or cancellation;
page 36
Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 65
(h) the number of prisoners for whom participation
in a re-socialisation programme was approved
by the Board or the Governor during the
previous financial year;
5 (i) the number of prisoners who completed
re-socialisation programmes during the
previous financial year;
(j) the operation of this Act and relevant parts of
the Sentencing Act 1995 so far as they relate to
10 early release orders and to the activities of
CCOs in relation to those orders during the
previous financial year.
".
65. Section 115A inserted
15 After section 115 the following section is inserted --
"
115A. Board may review decisions about release
(1) In this section --
"reviewable decision" has a meaning in accordance
20 with subsections (2), (3) and (4).
(2) Subject to subsection (4), a decision made --
(a) by the Board not to make an early release order;
(b) by the Board to make a parole order in which
the release date is not the day when, under
25 section 23(2) or section 93(1) of the Sentencing
Act 1995, the prisoner is eligible to be released
on parole;
(c) by the Board to suspend or cancel an early
release order;
30 (d) by the CEO to suspend an early release order;
(e) by the Board not to make a request under
section 13(4) after receiving a report under
page 37
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 115A
section 13(3) or not to endorse, with or without
variations, a re-socialisation programme
received under section 13(4); or
(f) by the Board as to the nature or content of a
5 re-socialisation programme endorsed under
section 13(5) or approved under section 14(5),
is a reviewable decision.
(3) The regulations may provide that a decision of a
prescribed kind made under the regulations is a
10 reviewable decision.
(4) A decision under subsection (8), or by the Board on
further considering a matter pursuant to a decision
under subsection (8), is not a reviewable decision.
(5) A prisoner about whom a reviewable decision is made
15 may request the Board to review the decision.
(6) A request may only be made on the grounds that the
person who made the decision --
(a) did not comply with this Act or the regulations;
(b) made an error of law; or
20 (c) used incorrect or irrelevant information or was
not provided with relevant information.
(7) A request must --
(a) be in writing;
(b) state the grounds for it; and
25 (c) include any submissions that the applicant
wants to make to the Board about the decision
concerned and the reasons for it.
(8) When a request is made, the chairperson of the Board
must consider any submissions included in it and
30 review the decision concerned and may --
(a) confirm, amend or cancel the decision;
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Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 66
(b) make another decision; or
(c) refer the decision to the Board for further
consideration.
(9) The chairperson may delegate the functions in
5 subsection (8) to a deputy chairperson.
(10) A deputy chairperson to whom the functions in
subsection (8) are delegated must not decide any
question of law but must refer it to the chairperson to
decide.
10 (11) The Board must give the applicant written notice of
any decision on a review requested under this section.
".
66. Section 119 amended
Section 119(2)(a) is amended by deleting "or the secretary" and
15 inserting instead --
" , the registrar or a member of the staff ".
67. Section 122 inserted
After section 121 the following section is inserted --
"
20 122. Review of Act
(1) The Minister must carry out a review of the operation
and effectiveness of this Act as soon as is practicable
after --
(a) 1 July 2007; and
25 (b) the expiry of each 5 yearly interval after
that day.
(2) The Minister must prepare a report based on each
review under subsection (1) and, as soon as is
practicable after the report is prepared (and in any
30 event not more than 12 months after the relevant day or
page 39
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 68
expiry), must cause it to be laid before each House of
Parliament.
".
68. Schedule 1 replaced
5 Schedule 1 is repealed and the following Schedule is inserted
instead --
"
Schedule 1 -- Provisions applying to the Prisoners
Review Board
10 [s. 105]
1. Meaning of "member"
In this Schedule --
"member" means a member of the Board.
2. Tenure of office
15 (1) A member appointed by the Governor is a member for the
period (not more than 5 years) specified in the instrument of
appointment, but is eligible for reappointment.
(2) If a person who is a judge is appointed as the chairperson --
(a) the person's service as the chairperson is to be taken
20 for all purposes to be service in the person's office
of judge; and
(b) the person's appointment does not prevent the
person from performing the functions of the
person's office of judge.
25 (3) The office of a deputy chairperson or a community member
is to be held on a full-time basis, part-time basis or sessional
basis.
(4) The office of a member appointed by the CEO or the
Commissioner of Police is to be held in conjunction with the
30 member's employment in the Public Sector or appointment
as a police officer, as the case may be.
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Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 68
(5) The chairperson, if a judge, ceases to be a member by
resignation under clause 3, or on ceasing to be a judge.
(6) The chairperson, if a retired judge, ceases to be a member
by resignation under clause 3, or when the chairperson's
5 appointment is terminated under clause 4.
(7) A member appointed by the CEO ceases to be a member by
resignation under clause 3, or on ceasing to be an officer of
the Public Sector agency of which the CEO is the chief
executive officer, or when the CEO cancels the
10 appointment, or when the member's appointment is
terminated under clause 4.
(8) A member appointed by the Commissioner of Police ceases
to be a member by resignation under clause 3, or on ceasing
to be a police officer, or when the Commissioner cancels the
15 appointment, or when the member's appointment is
terminated under clause 4.
3. Resignation
(1) A member appointed by the Governor may resign by giving
the Minister a signed letter of resignation.
20 (2) A member appointed by the CEO may resign by giving the
CEO a signed letter of resignation.
(3) A member appointed by the Commissioner of Police may
resign by giving the Commissioner a signed letter of
resignation.
25 (4) A resignation has effect when it is received by the relevant
person or at such later date as it specifies.
4. Terminating appointments
(1) For the purposes of this clause, grounds to terminate the
appointment of a member exist if the member --
30 (a) has been convicted of an indictable offence or an
offence committed under the law of another place
that would, if it had been committed in this State, be
an indictable offence;
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Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 68
(b) is incapable of performing the functions of a
member;
(c) has neglected without a reasonable cause to perform
the functions of a member;
5 (d) has been negligent or careless in performing the
functions of a member; or
(e) is unfit to be a member due to misconduct.
(2) The Governor, on the recommendation of the Minister, may
terminate the appointment of a member appointed by the
10 Governor, other than a member who is a judge, if grounds to
terminate the appointment exist.
(3) The Minister may terminate the appointment of a member,
other than a member appointed by the Governor, if grounds
to terminate the appointment exist.
15 (4) Subclause (3) does not affect the power under clause 2(7)
or (8) of the CEO or the Commissioner of Police, as the case
may be, to cancel an appointment.
5. Meetings
(1) The chairperson is to decide when and where the Board
20 meets.
(2) The Board, constituted in accordance with this clause, may
meet and perform its functions even if at the same time the
Board, constituted in accordance with this clause but by
different individuals, is also meeting and performing the
25 Board's functions.
(3) At a meeting of the Board the chairperson or a deputy
chairperson is to preside.
(4) At a meeting of the Board --
(a) a quorum consists of 3 members as follows --
30 (i) the chairperson or a deputy chairperson;
(ii) one community member;
(iii) one of the persons appointed under
section 103(1)(d) or (e);
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Parole and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 2
s. 68
(b) questions arising are to be determined by a majority
of the members present and voting; and
(c) if there is a tie in voting, the presiding member has
a second vote.
5 (5) Any question of law that arises at a meeting of the Board
must be decided by the chairperson or, if the chairperson is
not at the meeting, referred to the chairperson to decide.
(6) The Board may, if it thinks fit, conduct a meeting at which
all or some members participate by telephone or other
10 similar means, but any member who speaks on a matter at
the meeting must be able to be heard by the other members
at the meeting.
(7) Subject to this clause the chairperson is to determine the
procedure for convening and conducting meetings of the
15 Board.
6. Conditions of service
(1) Members appointed by the Governor, other than a member
who is a judge, are entitled to the remuneration and
allowances set by the Governor from time to time on the
20 recommendation of the Minister for Public Sector
Management.
(2) Any remuneration and allowances paid to a member who is
a retired judge do not affect the member's entitlements
under the Judges' Salaries and Pensions Act 1950.
25 (3) The other conditions of service of members appointed by
the Governor are to be determined by the Governor from
time to time.
7. Leave of absence
The Minister may grant leave of absence to a member on
30 such conditions as the Minister determines.
".
page 43
Parole and Sentencing Legislation Amendment Bill 2006
Part 2 Sentence Administration Act 2003 amended
s. 69
69. Schedule 2 amended
Schedule 2 is amended after paragraph (i) by deleting the
full stop and inserting a comma and --
"
5 or an offence under --
(j) section 60 of the Censorship Act 1996; or
(k) section 61(1) or (2a) of the Restraining Orders
Act 1997.
".
page 44
Parole and Sentencing Legislation Amendment Bill 2006
Sentencing Act 1995 amended Part 3
s. 70
Part 3 -- Sentencing Act 1995 amended
70. The Act amended in this Part
The amendments in this Part are to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
5 For subsequent amendments see Act No. 75 of 2004.]
71. Sections 8 and 16 amended
(1) Section 8(6) is amended in paragraph (b) of the definition of
"criminal property confiscation" by deleting "Crown" and
inserting instead --
10 " State ".
(2) Section 16(1)(f) is amended by deleting "Crown" and inserting
instead --
" State ".
72. Section 33A amended
15 (1) After section 33A(2) the following subsection is inserted --
"
(2a) This section does not apply if a court is sentencing an
offender for one or more offences that were
committed --
20 (a) while the offender was subject to --
(i) a parole order, home detention order, or
work release order, made under the
Sentence Administration Act 1995; or
(ii) a parole order, or re-entry release order,
25 made under the Sentence Administration
Act 2003,
for another offence; or
page 45
Parole and Sentencing Legislation Amendment Bill 2006
Part 3 Sentencing Act 1995 amended
s. 73
(b) during the suspension period of a suspended
term of imprisonment imposed for another
offence.
".
5 (2) Section 33A(4) is amended after "sentencing" by inserting --
" the ".
73. Section 33O amended
Section 33O(5) is amended by deleting the full stop after
paragraph (a) and inserting a semicolon instead.
10 74. Section 84E replaced and consequential amendment to
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004
(1) Section 84E is repealed and the following section is inserted
instead --
15 "
84E. Alleging re-offending in court
(1) If --
(a) a person (the "offender") has been convicted
and dealt with (in this State or elsewhere) for an
20 offence the statutory penalty for which is or
includes imprisonment; and
(b) that offence was committed during the
suspension period of CSI imposed on the
offender in relation to another offence,
25 a written notice alleging those matters may be lodged
in a court in accordance with this section.
(2) The notice may be lodged at any time up until 2 years
after the last day of the suspension period.
page 46
Parole and Sentencing Legislation Amendment Bill 2006
Sentencing Act 1995 amended Part 3
s. 74
(3) The notice may be signed by the CEO, a police officer,
or a person referred to in section 80(2)(a) to (e) of the
Criminal Procedure Act 2004.
(4) The notice must be in a prescribed form and be signed
5 in the presence of a JP or a prescribed court officer (as
defined in section 3 of the Criminal Procedure
Act 2004) who may issue a summons to the offender.
(5) If the contents of the notice are verified on oath by the
person signing it, a magistrate, on the application of
10 that person, may issue an arrest warrant for the
offender.
(6) Subject to section 84P(3), the notice must be lodged
with, and the summons must direct the offender to
appear before, or the warrant must direct that the
15 offender be brought before the court that imposed
the CSI.
(7) Sections 31 and 32 of the Criminal Procedure
Act 2004, with any necessary changes, apply
respectively to and in respect of a warrant and
20 summons issued under this section.
(8) If an offender does not obey such a summons, the court
concerned may issue a warrant to have the offender
arrested and brought before it.
(9) If an offender is arrested under a warrant issued under
25 this section, the offender must be given a copy of the
notice as soon as practicable after being arrested.
(10) An offender who appears before a court as a result of a
summons or warrant issued under this section must be
dealt with by the court under section 84F.
30 ".
page 47
Parole and Sentencing Legislation Amendment Bill 2006
Part 3 Sentencing Act 1995 amended
s. 75
(2) The Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004* section 59 is repealed.
[* Act No. 84 of 2004.]
75. Section 84P amended and consequential amendment to
5 Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004
(1) Section 84P(3) is amended as follows:
(a) by deleting "complaint" and inserting instead --
" notice ";
10 (b) by deleting "filed" and inserting instead --
" lodged ";
(c) by deleting "under section 84E(4)" and inserting
instead --
" issued under section 84E ".
15 (2) The Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004* section 65 is amended in the Table by
deleting the row relating to "s. 84P(3)".
[* Act No. 84 of 2004.]
76. Section 89 amended
20 (1) Section 89(2) is repealed and the following subsection is
inserted instead --
"
(2) A parole eligibility order must not be made if the fixed
term, or the aggregate of the fixed terms, imposed by
25 the court is less than 12 months, except where the
offender, at the date of the sentence, is serving or has
yet to serve --
(a) a parole term imposed previously; or
page 48
Parole and Sentencing Legislation Amendment Bill 2006
Sentencing Act 1995 amended Part 3
s. 77
(b) a fixed term or fixed terms imposed
previously --
(i) which, or the aggregate of which, is less
than 12 months; and
5 (ii) which, with the term or terms imposed
by the court, would result in an
aggregate of 12 months or more.
".
(2) After section 89(5) the following subsections are inserted --
10 "
(5a) If, in a case to which subsection (2)(b) applies, a court
decides that an offender is to be eligible for parole, it is
to make a single parole eligibility order in respect of
the fixed term or fixed terms it imposes and the term or
15 terms imposed previously.
(5b) If, in any other case --
(a) a court decides that an offender is to be eligible
for parole; and
(b) at the date of the sentence the offender is
20 serving or has yet to serve a fixed term or fixed
terms imposed previously which, or the
aggregate of which, is less than 12 months,
the court may make a single parole eligibility order in
respect of a fixed term or fixed terms that it imposes
25 and the term or terms imposed previously.
".
77. Section 94 amended
The Table to section 94 is amended as follows:
(a) in column 4 of the first example by deleting
30 "Non-parole period = 3 years." and inserting instead --
" Non-parole period = 4 years. ";
page 49
Parole and Sentencing Legislation Amendment Bill 2006
Part 3 Sentencing Act 1995 amended
s. 78
(b) in column 4 of the second example by deleting
"Non-parole period = 5 years." and inserting instead --
" Non-parole period = 8 years. ";
(c) in column 4 of the third example by deleting
5 "Non-parole period on term 2 = 3 years." and inserting
instead --
" Non-parole period on term 2 = 4 years. ";
(d) in column 4 of the third example by deleting "serve
4 years." and inserting instead --
10 " serve 5 years. ".
78. Section 150 inserted
After section 149 the following section is inserted --
"
150. Review of Act
15 (1) The Minister must carry out a review of the operation
and effectiveness of this Act as soon as is practicable
after --
(a) 1 July 2007; and
(b) the expiry of each 5 yearly interval after that
20 day.
(2) The Minister must prepare a report based on each
review under subsection (1) and, as soon as is
practicable after the report is prepared (and in any
event not more than 12 months after the relevant day or
25 expiry), must cause it to be laid before each House of
Parliament.
".
page 50
Parole and Sentencing Legislation Amendment Bill 2006
Sentencing Act 1995 amended Part 3
s. 79
79. References to "Crown" amended
Each provision in the Table to this section is amended by
deleting "Crown" in each place where it occurs and inserting
instead --
5 " State ".
Table
s. 8(3) s. 51(8) s. 52(5)
s. 33(2) s. 52(2) (3 times) s. 60(7)
s. 51(1) (2 times) s. 52(4) s. 139
page 51
Parole and Sentencing Legislation Amendment Bill 2006
Part 4 Criminal Law (Mentally Impaired Accused) Act 1996 amended
s. 80
Part 4 -- Criminal Law (Mentally Impaired Accused)
Act 1996 amended
80. The Act amended in this Part
The amendments in this Part are to the Criminal Law (Mentally
5 Impaired Accused) Act 1996*.
[* Reprint 2 as at 12 August 2005.]
81. Section 33 amended
(1) Section 33(5) is amended as follows:
(a) by deleting the full stop after paragraph (e) and inserting
10 a semicolon instead;
(b) by inserting after paragraph (e) the following
paragraph --
"
(f) any statement received from a victim of the
15 alleged offence in respect of which the accused
is in custody.
".
(2) After section 33(5) the following subsection is inserted --
"
20 (6) In this section --
"victim" of an alleged offence, means --
(a) a person who has suffered injury, loss or
damage as a direct result of the alleged
offence, whether or not that injury, loss or
25 damage was reasonably foreseeable by the
alleged offender; or
(b) where the alleged offence results in a death,
any member of the immediate family of the
deceased.
30 ".
page 52
Parole and Sentencing Legislation Amendment Bill 2006
Criminal Law (Mentally Impaired Accused) Act 1996 amended Part 4
s. 82
82. Section 42 replaced by sections 42 and 42A
Section 42 is repealed and the following sections are inserted
instead --
"
5 42. Members
(1) The members of the Board are --
(a) the person who is the chairperson of the
Prisoners Review Board appointed under
section 103(1)(a) of the Sentence
10 Administration Act 2003;
(b) the persons who are community members of the
Prisoners Review Board appointed under
section 103(1)(c) of the Sentence
Administration Act 2003;
15 (c) a psychiatrist appointed by the Governor; and
(d) a psychologist appointed by the Governor.
(2) The Governor may appoint a psychiatrist to be the
deputy of the psychiatrist appointed to the Board and a
psychologist to be the deputy of the psychologist.
20 (3) The person referred to in subsection (1)(a) is the
chairperson of the Board.
(4) Those members of the Board who are also members of
the Prisoners Review Board are members of the Board
only while they are members of the Prisoners Review
25 Board.
(5) Schedule 1 to the Sentence Administration Act 2003
(other than clause 5) applies in respect of the
psychiatrist and the psychologist appointed as members
of the Board as if they were members of the Prisoners
30 Review Board appointed by the Governor.
page 53
Parole and Sentencing Legislation Amendment Bill 2006
Part 4 Criminal Law (Mentally Impaired Accused) Act 1996 amended
s. 83
42A. Meetings
At a meeting of the Board --
(a) the chairperson and 2 other members of the
Board constitute a quorum; and
5 (b) clause 5 (other than subclause (2)) of
Schedule 1 to the Sentence Administration
Act 2003 otherwise applies.
".
83. Section 43 replaced
10 Section 43 is repealed and the following section is inserted
instead --
"
43. Registrar and staff
(1) The registrar of the Prisoners Review Board appointed
15 under section 104A of the Sentence Administration
Act 2003 is also the registrar of the Board.
(2) Any other Prisoners Review Board staff referred to in
section 104A of the Sentence Administration Act 2003
are also the staff of the Board.
20 ".
84. Section 46 amended
(1) Section 46(1)(c) is amended by deleting "judicial member" and
inserting instead --
" chairperson ".
25 (2) Section 46(1)(d) is amended by deleting "judicial member" and
inserting instead --
" chairperson ".
page 54
Parole and Sentencing Legislation Amendment Bill 2006
Criminal Law (Mentally Impaired Accused) Act 1996 amended Part 4
s. 84
(3) Section 46(3)(b) is amended by deleting "judicial member" and
inserting instead --
" chairperson ".
page 55
Parole and Sentencing Legislation Amendment Bill 2006
Part 5 Young Offenders Act 1994 amended
s. 85
Part 5 -- Young Offenders Act 1994 amended
85. The Act amended in this Part
The amendments in this Part are to the Young Offenders
Act 1994*.
5 [* Reprint 3 as at 15 July 2005.
For subsequent amendments see Act No. 34 of 2004.]
86. Section 15A amended
Section 15A(5)(b)(i) is amended by deleting "Parole Board" and
inserting instead --
10 " Prisoners Review Board ".
87. Section 133 amended
(1) After section 133(1)(b) the following paragraph is inserted --
"
(ba) the Board has considered any statement
15 received from a victim of the offence in respect
of which the detainee is in custody;
".
(2) After section 133(2) the following subsection is inserted --
"
20 (3) In this section --
"victim" of an offence, means --
(a) a person who has suffered injury, loss or
damage as a direct result of the offence,
whether or not that injury, loss or damage
25 was reasonably foreseeable by the offender;
or
(b) where the offence results in a death, any
member of the immediate family of the
deceased.
30 ".
page 56
Parole and Sentencing Legislation Amendment Bill 2006
Young Offenders Act 1994 amended Part 5
s. 88
88. Section 152 amended
Section 152(1) is amended as follows:
(a) by deleting "5" and inserting instead --
" 6 ";
5 (b) in paragraph (b) by inserting after "Governor" --
" under subsection (3)(a) and (b) ";
(c) by inserting after paragraph (b) --
"
(ba) one person with an understanding of
10 victims' interests and concerns
appointed by the Governor;
".
page 57
Parole and Sentencing Legislation Amendment Bill 2006
Part 6 Other Acts amended
s. 89
Part 6 -- Other Acts amended
89. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this section are to the Constitution Acts
Amendment Act 1899*.
5 [* Reprint 13 as at 18 March 2005.
For subsequent amendments see Acts Nos. 20, 34, 53, 59, 70
& 75 of 2004, 1, 2, 24 and 38 of 2005.]
(2) Schedule V Part 3 is amended as follows:
(a) by deleting "The Parole Board established under the
10 Sentence Administration Act 2003.";
(b) by inserting in the appropriate alphabetical position --
"
The Prisoners Review Board established under the Sentence
Administration Act 2003.
15 ".
90. Freedom of Information Act 1992 amended
(1) The amendments in this section are to the Freedom of
Information Act 1992*.
[* Reprint 4 as at 10 September 2004.
20 For subsequent amendments see Western Australian
Legislation Information Tables for 2004 p. 179.]
(2) Schedule 2 is amended by deleting "The Parole Board." and
inserting instead --
" The Prisoners Review Board. ".
25 91. Juries Act 1957 amended
(1) The amendments in this section are to the Juries Act 1957*.
[* Reprint 4 as at 2 September 2005.
For subsequent amendments see Act No. 24 of 2005.]
page 58
Parole and Sentencing Legislation Amendment Bill 2006
Other Acts amended Part 6
s. 92
(2) The Second Schedule Part I clause 2 is amended as follows:
(a) by deleting paragraph (l) and inserting instead --
"
(l) member of the Mentally Impaired Accused Review
5 Board under the Criminal Law (Mentally Impaired
Accused) Act 1996;
";
(b) in paragraph (m) by deleting "Parole Board" and
inserting instead --
10 " Prisoners Review Board ".
92. Parole Orders (Transfer) Act 1984 amended
(1) The amendments in this section are to the Parole Orders
(Transfer) Act 1984*.
[* Reprinted as at 9 August 2002.
15 For subsequent amendments see Western Australian
Legislation Information Tables for 2004 p. 326]
(2) Section 3 is amended as follows:
(a) by deleting the definition of "Parole Board";
(b) by inserting in the appropriate alphabetical position --
20 "
"Prisoners Review Board" means the Prisoners
Review Board established under the Sentence
Administration Act 2003;
".
25 (3) Section 8(2)(a) is amended by deleting "Parole Board" and
inserting instead --
" Prisoners Review Board ".
93. Prisoners (Release for Deportation) Act 1989 amended
(1) The amendments in this section are to the Prisoners (Release
30 for Deportation) Act 1989*.
[* Reprint 1 as at 3 October 2003.]
page 59
Parole and Sentencing Legislation Amendment Bill 2006
Part 6 Other Acts amended
s. 94
(2) Section 3 is amended as follows:
(a) by deleting the definition of "the Parole Board";
(b) by inserting in the appropriate alphabetical position --
"
5 "Prisoners Review Board" means the Prisoners
Review Board established under the Sentence
Administration Act 2003.
".
(3) Each provision in the Table to this section is amended by
10 deleting "Parole Board" in each place where it occurs and in
each place inserting instead --
" Prisoners Review Board ".
Table
s. 4(1) s. 4(2) s. 4(3) s. 4(6)
94. Sentencing Legislation Amendment and Repeal Act 2003
15 amended
(1) The amendment in this section is to the Sentencing Legislation
Amendment and Repeal Act 2003*.
[* Act No. 50 of 2003.]
(2) Part 6 is repealed.
20 95. Sentencing Legislation Amendment Act 2004 amended
(1) The amendments in this section are to the Sentencing
Legislation Amendment Act 2004*.
[* Act No. 27 of 2004.]
(2) Section 14(2) is repealed.
25 (3) Section 15 is repealed.
page 60
Parole and Sentencing Legislation Amendment Bill 2006
Other Acts amended Part 6
s. 96
96. Spent Convictions Act 1988 amended
(1) The amendments in this section are to the Spent Convictions
Act 1988*.
[* Reprint 4 as at 8 July 2005.
5 For subsequent amendments see Gazette 4 Nov 2005
p. 5319-20.]
(2) Schedule 3 clause 1(1) is amended in the Table as follows:
(a) in item 1 by deleting "Parole Board" and inserting
instead --
10 " Prisoners Review Board ";
(b) by inserting after item 1A the following item --
"
1B. The Mentally Impaired Accused Review Division 4
Board established by the Criminal Law
(Mentally Impaired Accused) Act 1996.
".
97. Victims of Crime Act 1994 amended
15 (1) The amendments in this section are to the Victims of Crime
Act 1994*.
[* Reprint 1 as at 4 March 2005.]
(2) Section 2 is amended in the definition of "public officers and
bodies" by deleting paragraph (f) and inserting instead --
20 "
(f) the Prisoners Review Board;
(fa) the Mentally Impaired Accused Review Board;
".
page 61
Parole and Sentencing Legislation Amendment Bill 2006
Part 7 Transitional provisions
s. 98
Part 7 -- Transitional provisions
98. Arrangements for CEO parole orders
(1) In this section --
"amended provisions" means the Sentence Administration
5 Act 2003 Part 3 Divisions 4 and 7 to 10 as amended by
this Act;
"commencement" means the coming into operation of
section 20;
"former provisions" means the Sentence Administration
10 Act 2003 Part 3 Division 4 as enacted before being
amended by this Act;
"prescribed period" means the period ending 2 months after
the day of the commencement,
and other terms used have the same meanings as they have in
15 the amended provisions.
(2) If immediately before the commencement a person is subject to
a parole order made by the CEO under the former provisions,
then on and after the commencement the amended provisions
apply to and in respect of that person and that parole order as if
20 the parole order had been made by the Board.
(3) Despite anything in the amended provisions, during the
prescribed period the CEO may exercise --
(a) the power conferred on the Board by section 23 of the
amended provisions; and
25 (b) the powers conferred on the Board by the amended
provisions in relation to a parole order made under
section 23 of the former provisions or section 23 of the
amended provisions.
(4) A power exercised under subsection (3) is to be regarded as
30 having been exercised by the Board.
page 62
Parole and Sentencing Legislation Amendment Bill 2006
Transitional provisions Part 7
s. 99
99. Arrangements for RROs
(1) In this section --
"amended provisions" means the Sentence Administration
Act 2003 Part 4 as amended by this Act;
5 "commencement" means the coming into operation of
section 41;
"former provisions" means the Sentence Administration
Act 2003 Part 4 as enacted before being amended by
this Act,
10 and other terms used have the same meanings as they have in
the amended provisions.
(2) If immediately before the commencement a person is subject to
an RRO made under the former provisions, then on and after the
commencement the former provisions continue to apply to and
15 in respect of that person and that order.
(3) Despite section 50 of the amended provisions, a prisoner
serving a parole term imposed before the commencement may
apply under the amended provisions to be released under an
RRO.
20 (4) An application mentioned in subsection (3) is to be dealt with in
accordance with the amended provisions but, if the RRO is
made --
(a) sections 54(3)(b) and 60 of the former provisions apply
in respect of it and the making of it; and
25 (b) section 54(3)(b) of the amended provisions does not
apply in respect of it.
100. Arrangements for members of existing Parole Board
(1) In this section --
"commencement" means the coming into operation of
30 section 57;
page 63
Parole and Sentencing Legislation Amendment Bill 2006
Part 7 Transitional provisions
s. 100
"Parole Board" means the Board as established under
section 103 as enacted before the commencement;
"Prisoners Review Board" means the Board to be established
under section 103 as it is set out in section 57;
5 "section 103" means the Sentence Administration Act 2003
section 103.
(2) The person holding office as the judicial member of the Parole
Board immediately before the commencement is to hold office
as the chairperson of the Prisoners Review Board for the
10 remainder of the period for which the person was appointed as
the judicial member.
(3) Immediately before the commencement the office of any
person, other than the judicial member, who is then a member
of, acting member of, or deputy of a member of, the Parole
15 Board becomes vacant.
(4) Subsection (3) does not prevent a person mentioned in that
subsection from being nominated, being appointed, or holding
office, as a member of the Prisoners Review Board.
page 64
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