PRISONS AND SENTENCING LEGISLATION AMENDMENT BILL 2006

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PRISONS AND SENTENCING LEGISLATION AMENDMENT BILL 2006

Western Australia Prisons and Sentencing Legislation Amendment Bill 2006 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Prisons Act 1981 amended 3. The Act amended in this Part 3 4. Section 3 amended 3 5. Section 5 amended 4 6. Section 6 amended 5 7. Section 7 amended 5 8. Section 8 replaced 5 8. Delegation by chief executive officer 5 9. Section 12 amended 6 10. Section 13 amended 7 11. Section 14 amended 7 12. Section 15DA inserted 8 15DA. Penalty for breach 8 13. Sections 21 and 22 repealed 8 14. Sections 23, 24 and 25 replaced 8 23. Prisoner assigned to external facility in lawful custody 8 24. Prisoner absent under permit in lawful custody 9 25. Prisoner attending legal or investigative proceedings in lawful custody 9 15. Sections 27 and 28 repealed 9 16. Section 35 amended 9 17. Sections 38, 39 and 40 repealed 9 18. Section 45 repealed 9 19. Section 51 amended 10 134--3 page i

Prisons and Sentencing Legislation Amendment Bill 2006 Contents 20. Section 53 repealed 10 21. Section 67 amended 10 22. Section 67A inserted 10 67A. Prisoner's mail not to be sent to certain persons 10 23. Section 69 amended 11 24. Section 70 amended 12 25. Section 74 amended 12 26. Section 74A inserted 12 74A. Charges may be heard and determined by video link 12 27. Section 79 amended 13 28. Section 80 amended 13 29. Section 83 replaced by sections 83, 83A and 83B 14 83. Permits to be absent from prison 14 83A. Effect of permit 15 83B. Revocation or cancellation of permit 15 30. Section 84 amended 16 31. Sections 85 to 94 replaced by sections 85, 86, 87 and 88 16 85. Attendance of prisoner at legal or investigative proceedings 16 86. Consequence of escape or of failure to comply with absence permit or order 17 87. Regulations about absences from prison 17 88. Interstate arrangements 19 32. Part IX replaced 19 Part IX -- Prisoner wellbeing and rehabilitation 95. Preparation and implementation of activity programmes 19 95A. Medical care of prisoners 21 95B. Duties of medical officers 22 95C. Health inspection of prisons 23 95D. Power of medical examination and treatment 23 95E. Practice of religion or spiritual beliefs by prisoners 24 33. Section 107 amended 24 34. Section 110 amended 25 35. Sections 112 to 113C inserted 25 112. Community safety information 25 113. Exchange of information 25 113A. Disclosure to external agencies 27 113B. Disclosure to victims 27 113C. Disclosure authorised 28 page ii

Prisons and Sentencing Legislation Amendment Bill 2006 Contents Part 3 -- Sentence Administration Act 2003 amended 36. The Act amended in this Part 29 37. Section 4 amended 29 38. Section 92 amended 29 39. Section 94 amended 30 40. Sections 97A to 97E inserted 30 97A. Community safety information 30 97B. Exchange of information 30 97C. Disclosure to external agencies 32 97D. Disclosure to victims 32 97E. Disclosure authorised 33 41. Section 98A inserted 33 98A. Duties of CCOs 33 42. Section 119 amended 34 43. References to supervisors amended 34 Part 4 -- Sentencing Act 1995 amended 44. The Act amended in this Part 35 45. Section 4 amended 35 46. Section 22 amended 35 47. Section 33N amended 36 48. Section 148 amended 36 49. References to "CEO" changed to "CEO (corrections)" 36 Part 5 -- Bail Act 1982 amended 50. The Act amended in this Part 37 51. Section 3 amended 37 52. Section 66A amended 37 53. References to "CEO (Justice)" changed to "CEO (corrections)" 38 Part 6 -- Children's Court of Western Australia Act 1988 amended 54. The Act amended in this Part 39 55. Section 3 amended 39 56. Section 28 amended 39 57. Section 33 amended 40 page iii

Prisons and Sentencing Legislation Amendment Bill 2006 Contents 58. Section 40 amended 40 Part 7 -- Criminal Law (Mentally Impaired Accused) Act 1996 amended 59. The Act amended in this Part 41 60. Section 32 amended 41 Part 8 -- Fines, Penalties and Infringement Notices Enforcement Act 1994 amended 61. The Act amended in this Part 42 62. Section 3 amended 42 63. Section 28 amended 42 64. References to "CEO" changed to "CEO (corrections)" 42 Part 9 -- Juries Act 1957 amended 65. The Act amended in this Part 43 66. Second Schedule amended 43 Part 10 -- Restraining Orders Act 1997 amended 67. The Act amended in this Part 44 68. Section 70A amended 44 Part 11 -- Spent Convictions Act 1988 amended 69. The Act amended in this Part 45 70. Schedule 3 amended 45 Part 12 -- Victims of Crime Act 1994 amended 71. The Act amended in this Part 46 72. Section 4 amended 46 73. Section 5 inserted 47 5. Regulations 47 page iv

Prisons and Sentencing Legislation Amendment Bill 2006 Contents Part 13 -- Young Offenders Act 1994 amended 74. The Act amended in this Part 48 75. Section 12 amended 48 76. Section 15A amended 49 77. Section 16 replaced by sections 16 and 16A 50 16. Exchange of information 50 16A. Disclosure authorised 52 78. Section 151 amended 52 page v

Western Australia LEGISLATIVE ASSEMBLY (As amended in committee) Prisons and Sentencing Legislation Amendment Bill 2006 A Bill for An Act to amend the -- · Prisons Act 1981; · Sentence Administration Act 2003; and · Sentencing Act 1995, and to make related and other amendments to the -- · Bail Act 1982; · Children's Court of Western Australia Act 1988; · Criminal Law (Mentally Impaired Accused) Act 1996; · Fines, Penalties and Infringement Notices Enforcement Act 1994; · Juries Act 1957; · Restraining Orders Act 1997; · Spent Convictions Act 1988; · Victims of Crime Act 1994; and · Young Offenders Act 1994. The Parliament of Western Australia enacts as follows: page 1

Prisons and Sentencing Legislation Amendment Bill 2006 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This is the Prisons and Sentencing Legislation Amendment Act 2006. 5 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. page 2

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 3 Part 2 -- Prisons Act 1981 amended 3. The Act amended in this Part The amendments in this Part are to the Prisons Act 1981*. [* Reprint 4 as at 20 August 2004 . 5 For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 359.] 4. Section 3 amended (1) Section 3(1) is amended as follows: (a) by deleting the definition of "Executive Director 10 (Corrective Services)"; (b) in paragraph (b) of the definition of "prison" by deleting "by proclamation"; (c) by inserting in the appropriate alphabetical positions -- " 15 "absence permit" has the meaning given to that term in section 83(2); "judicial body" means a court, tribunal or other body or person that has judicial or quasi judicial functions or otherwise acts judicially, and 20 includes -- (a) a Royal Commission under the Royal Commissions Act 1968; and (b) the Corruption and Crime Commission established under the Corruption and Crime 25 Commission Act 2003; ". page 3

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 5 (2) Section 3(2) is amended in the Table as follows: (a) by deleting the items "s. 24", "s. 25", "s. 27(3)" and "s. 83(4) and (6)"; (b) by deleting the item "s. 85(2)(a)" and inserting 5 instead -- " s. 86(2)(a) ". 5. Section 5 amended (1) Section 5(1) is amended as follows: (a) by deleting "The Governor may by proclamation --" 10 and inserting instead -- " The Minister may, by order -- "; (b) in paragraph (c) by deleting "proclamation" in both places where it occurs and inserting instead -- " order ". 15 (2) Section 5(2) is repealed and the following subsections are inserted instead -- " (2) A building, enclosure or place that was a prison immediately before the coming into operation of 20 section 5 of the Prisons and Sentencing Legislation Amendment Act 2006 continues as a prison as if the Minister had made an order under subsection (1) declaring it to be a prison. (3) The Minister may, by order, amend or revoke -- 25 (a) an order under subsection (1); or (b) a proclamation under subsection (1) as enacted before the coming into operation of section 5 of the Prisons and Sentencing Legislation Amendment Act 2006. page 4

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 6 (4) An order under this section does not have effect until it is published in the Gazette, and may be expressed to have effect from a time that is after its publication in the Gazette. 5 ". 6. Section 6 amended Section 6(1) and (2) are repealed. 7. Section 7 amended (1) Section 7(1) is amended by inserting after "welfare" -- 10 " and safe custody ". (2) After section 7(2) the following subsection is inserted -- " (2a) The chief executive officer may -- (a) consult and collaborate with; and 15 (b) make use of the assistance of, any individual or organisation in any way that the chief executive officer considers expedient for the purpose of the performance of functions under this Act. ". 20 8. Section 8 replaced Section 8 is repealed and the following section is inserted instead -- " 8. Delegation by chief executive officer 25 (1) The chief executive officer may delegate to any person any power or duty of the chief executive officer under another provision of this Act other than section 9, 35, 104, 105 or 106. (2) The delegation must be in writing signed by the chief 30 executive officer. page 5

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 9 (3) A person to whom a power or duty is delegated under this section cannot delegate the power or duty. (4) A person exercising or performing a power or duty that has been delegated under this section, is to be taken to 5 do so in accordance with the terms of the delegation unless the contrary is shown. (5) Unless the contrary is shown, it is to be presumed that a document purporting to have been signed by a person as a delegate of the chief executive officer was signed 10 by a person in the performance of a function that at the time was delegated to the person by the chief executive officer. (6) Nothing in this section limits the ability of the chief executive officer to perform a function through an 15 officer or agent. ". 9. Section 12 amended Section 12 is amended as follows: (a) by deleting paragraph (a) and inserting instead -- 20 " (a) shall comply with -- (i) this Act and all regulations, rules and standing orders made under this Act; and 25 (ii) any other written law conferring functions on officers; and (iii) the orders and directions of the chief executive officer; and 30 "; (b) in paragraph (b) by deleting "welfare of prisoners;" and inserting instead-- " welfare or safe custody of prisoners; and ". page 6

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 10 10. Section 13 amended (1) Section 13(2) is amended in paragraph (a) of the oath of engagement by deleting "Queen of Australia" and inserting instead -- 5 " State ". (2) Section 13(5) and (6) are repealed and the following subsections are inserted instead -- " (5) The delegation may expressly authorise the chief 10 executive officer to further delegate a power. (6) The chief executive officer, in exercising a power that has been delegated under subsection (4), is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. 15 (7) Unless the contrary is shown, it is to be presumed that a document purporting to have been signed by the chief executive officer as a delegate of the Minister was signed by the chief executive officer in the exercise of a power that at the time was delegated to the chief 20 executive officer by the Minister. (8) Nothing in this section limits the ability of the Minister to perform a function through an officer or agent. ". 11. Section 14 amended 25 Section 14(1)(c) is amended by inserting after "placed" -- " and the orders and directions of the chief executive officer ". page 7

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 12 12. Section 15DA inserted After section 15D the following section is inserted -- " 15DA. Penalty for breach 5 (1) A contract may provide for a party to the contract to be liable to pay an amount determined under the contract, by way of penalty, in respect of a breach of the contract. (2) The contract may provide for an increase in the amount 10 of the penalty because of each day or part of a day during which a breach continues. (3) A penalty provided for in accordance with this section is recoverable even though no damage may have been suffered or the penalty may be unrelated to the extent 15 of any damage suffered. ". 13. Sections 21 and 22 repealed Sections 21 and 22 are repealed. 14. Sections 23, 24 and 25 replaced 20 Sections 23 to 25 are repealed and the following sections are inserted instead -- " 23. Prisoner assigned to external facility in lawful custody 25 (1) In this section -- "external facility" means a facility outside a prison that is used to confine prisoners to facilitate their being provided with opportunities for work or participation in programmes or activities. page 8

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 15 (2) A prisoner who is assigned to an external facility shall be deemed to be in lawful custody while confined in that external facility. 24. Prisoner absent under permit in lawful custody 5 A prisoner who is absent from a prison or other facility under an absence permit shall be deemed to be in lawful custody while absent as authorised by the permit. 25. Prisoner attending legal or investigative 10 proceedings in lawful custody A prisoner who is brought up or produced before a judicial body or to a place under an order lawfully made under this Act or any other Act or any Act of the Commonwealth shall be deemed to be in lawful 15 custody while absent from prison for the purpose specified in the order. ". 15. Sections 27 and 28 repealed Sections 27 and 28 are repealed. 20 16. Section 35 amended Section 35(1) is amended by deleting "on the recommendation of the Executive Director (Corrective Services) and". 17. Sections 38, 39 and 40 repealed Sections 38 to 40 are repealed. 25 18. Section 45 repealed Section 45 is repealed. page 9

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 19 19. Section 51 amended Section 51(2) to (6) are repealed and the following subsections are inserted instead -- " 5 (2) A prison officer to whom a power is delegated under this section cannot delegate the power. (3) A prison officer exercising a power that has been delegated under this section is to be taken to do so in accordance with the terms of the delegation unless the 10 contrary is shown. (4) Nothing in this section limits the ability of the superintendent to perform a function through a subordinate or agent. ". 15 20. Section 53 repealed Section 53 is repealed. 21. Section 67 amended Section 67(4) is amended by inserting after "subsections (2) and (3)," -- 20 " and section 67A, ". 22. Section 67A inserted After section 67 the following section is inserted -- " 67A. Prisoner's mail not to be sent to certain persons 25 (1) A person, or an agent of a person, may give the chief executive officer written notification -- (a) advising that the person does not wish to receive mail from a prisoner named in the notification; and page 10

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 23 (b) specifying the person's reasons for not wishing to receive that mail. (2) If the chief executive officer receives a notification under subsection (1) and is satisfied that the reasons 5 put forward in it are appropriate, the chief executive officer is to ensure that the superintendent of the prison at which the prisoner is detained from time to time is made aware of the notification. (3) If a letter or parcel from a prisoner is addressed to a 10 person and the superintendent is aware that a notification has been received under subsection (1) advising that the person does not wish to receive mail from that prisoner, the superintendent is to -- (a) return the letter or parcel to the prisoner; or 15 (b) otherwise deal with the letter or parcel in accordance with an order of the chief executive officer. (4) In this section -- "person" is not limited to a victim of the prisoner. 20 ". 23. Section 69 amended Section 69 is amended as follows: (a) by deleting paragraph (j) and inserting instead -- " 25 (j) fails to return to prison on or before the expiry of a period of absence authorised by an absence permit or fails to comply with a condition or restriction set out in an absence permit; or (k) fails to return to prison when no longer required 30 for the purposes of the proceedings to which an order made under section 85 relates, ". page 11

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 24 (b) by inserting after each of paragraphs (a) to (h) -- " or ". 24. Section 70 amended Section 70 is amended by deleting "27(5), 85(2), 92(2) or 5 94(6),". 25. Section 74 amended Section 74(1) is amended by inserting after "Act," -- " and in particular section 74A, ". 26. Section 74A inserted 10 After section 74 the following section is inserted -- " 74A. Charges may be heard and determined by video link (1) In this section -- 15 "hearing officer" means a superintendent or a visiting justice; "video link" means facilities (including closed circuit television) that enable, at the same time, a superintendent or visiting justice at one place to 20 see and hear a person at another place and vice versa. (2) The hearing officer inquiring into, hearing and determining a charge of a prison offence may, on the hearing officer's own initiative or on an application by 25 the prosecutor or the prisoner, direct that the prisoner and any witnesses appear by video link from a suitable place in this State. page 12

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 27 (3) A direction under subsection (2) is not to be made unless -- (a) the video link is available or can reasonably be made available; and 5 (b) the prisoner and the witnesses (if any) are available or can reasonably be made available to appear by video link; and (c) in the opinion of the hearing officer, it is appropriate for the matter to be dealt with using 10 video link. (4) The hearing and determining of a prison offence by video link is to be conducted as if the prisoner and any witnesses were present before the hearing officer in a suitable place. 15 (5) More than one video link may be operated under this section at any one time. ". 27. Section 79 amended Section 79(1)(b) is amended by deleting ", 27(5), 70(c), 85(2), 20 92(2) or 94(6)" and inserting instead -- " or 70(c) ". 28. Section 80 amended After section 80(1) the following subsection is inserted -- " 25 (1a) If a punishment is imposed using a video link under section 74A and the punishment book is not available for immediate signing, the visiting justice shall sign and date a statement of the nature of the offence for which punishment has been imposed, the date of the 30 offence, the name of the offender and the punishment imposed, and send it to the relevant superintendent for entry into the punishment book. ". page 13

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 29 29. Section 83 replaced by sections 83, 83A and 83B Section 83 is repealed and the following sections are inserted instead -- " 5 83. Permits to be absent from prison (1) The objectives of this section are -- (a) the rehabilitation of prisoners and the successful reintegration of prisoners into the community; and 10 (b) the compassionate or humane treatment of prisoners and their families; and (c) the facilitation of the provision of medical or health services to prisoners; and (d) the furthering of the interests of justice. 15 (2) Subject to this section and the regulations, the chief executive officer may give written permission for a prisoner to be absent from a prison or other facility (an "absence permit") -- (a) for a period specified in the absence permit; 20 and (b) for a reason described in the absence permit; and (c) subject to any conditions or restrictions set out in the absence permit. 25 (3) An absence permit may be given -- (a) for a purpose or in circumstances prescribed in the regulations; or (b) to deal with circumstances that are, in the chief executive officer's opinion, exceptional, 30 and not for any other reason. page 14

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 29 (4) One absence permit may be given in relation to -- (a) more than one prisoner; (b) more than one period of absence. (5) The chief executive officer is not to give an absence 5 permit unless the chief executive officer is satisfied that the absence will facilitate the achievement of one or more of the objectives of this section. (6) The chief executive officer is not to give an absence permit in relation to a prisoner for the purpose of the 10 prisoner engaging in employment unless the chief executive officer is satisfied that suitable employment is available. (7) When considering -- (a) whether to give an absence permit; and 15 (b) the conditions or restrictions to which an absence permit is to be subject; and (c) whether and what arrangements are to be made for the supervision of a prisoner in relation to whom an absence permit is to be given, 20 the chief executive officer must take into account the safety and interests of the public. 83A. Effect of permit An absence permit has effect despite the sentence, order or direction under which a prisoner was confined 25 in prison. 83B. Revocation or cancellation of permit The chief executive officer may at any time revoke, suspend or vary an absence permit whether or not a prisoner has failed to comply with a condition or 30 restriction set out in the absence permit. ". page 15

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 30 30. Section 84 amended Section 84 is amended by deleting "to whom a permit has been granted under section 83" and inserting instead -- " in relation to whom an absence permit has been given ". 5 31. Sections 85 to 94 replaced by sections 85, 86, 87 and 88 Sections 85 to 94 are repealed and the following sections are inserted instead -- " 85. Attendance of prisoner at legal or investigative 10 proceedings (1) If a prisoner is required or entitled to be present at proceedings of a judicial body -- (a) the judicial body or a person constituting it for the proceedings; or 15 (b) an officer of the judicial body authorised in accordance with its procedures; or (c) a person authorised under the regulations, may, by written order, direct that the prisoner be brought up to the place named in the order. 20 (2) If 2 or more people constitute the judicial body for the proceedings, subsection (1)(a) applies to each of them. (3) An absence permit is not required if an order has been made under this section. (4) In this section -- 25 "proceedings" of a judicial body includes anything done in the performance of the functions of the judicial body. page 16

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 31 86. Consequence of escape or of failure to comply with absence permit or order (1) A prisoner in relation to whom an absence permit has been given who -- 5 (a) being in the charge or under the supervision of an officer or other person, escapes or prepares or attempts to escape from that charge or supervision; or (b) fails to return to prison on or before the expiry 10 of a period of absence authorised by the absence permit; or (c) fails to comply with a condition or restriction set out in the absence permit, may be dealt with under Part VII. 15 (2) A prisoner in relation to whom an order has been made under section 85 who -- (a) escapes or prepares or attempts to escape from the charge of an officer; or (b) fails to return to prison when no longer required 20 for the purposes of the proceedings to which the order relates, may be dealt with under Part VII. 87. Regulations about absences from prison Without limiting section 110, the regulations may deal 25 with absences from prison generally and, in particular, may -- (a) provide for purposes for which or circumstances in which absence permits may be given and circumstances or cases in which 30 absence permits are not to be given; and page 17

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 31 (b) impose restrictions on the giving of absence permits -- (i) for prescribed purposes or in prescribed circumstances; or 5 (ii) in relation to prisoners of prescribed classes; and (c) regulate the duration of the periods for which absence permits may be given; and 10 (d) provide for circumstances in which and the extent to which financial contributions, payments or commitments may be required to be made by or on behalf of a prisoner in relation to whom an absence permit is given; 15 and (e) regulate the conduct, escorting, supervision, apprehension and return to custody of prisoners in relation to whom absence permits are given; and 20 (f) deal with the consequences that being charged or convicted of a prison offence has for a prisoner in relation to whom an absence permit is given; and (g) provide for procedures to be implemented and 25 precautions to be taken to ensure security in the case of prisoners released for medical treatment; and (h) provide for and authorise the execution of orders made under section 85 and regulate the 30 conduct, conveyance, escorting, supervision, confinement, apprehension and return to custody of prisoners brought up under them. page 18

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 32 88. Interstate arrangements Without limiting section 87 or 110, the regulations may -- (a) declare a law of another State or a Territory to 5 be a corresponding law for the purposes of the regulations; and (b) provide for circumstances in which an absence permit may be given permitting the prisoner to travel to and be in another State or a Territory 10 in which a corresponding law is in force; and (c) regulate the conduct, escorting, supervision, apprehension and return to custody of persons subject to detention under the law of another State or a Territory who have been given leave 15 or permission to be absent under a corresponding law and are in this State. ". 32. Part IX replaced Part IX is repealed and the following Part is inserted instead -- 20 " Part IX -- Prisoner wellbeing and rehabilitation 95. Preparation and implementation of activity programmes (1) Without limiting the responsibility of the chief 25 executive officer for the welfare of prisoners conferred by section 7(1), the chief executive officer may arrange for the provision of services and programmes for the wellbeing and rehabilitation of prisoners. (2) In particular, services and programmes may be 30 designed and instituted with the intention of -- page 19

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 32 (a) promoting the health and wellbeing of prisoners; and (b) enabling prisoners to acquire knowledge and skills that will assist them to adopt law abiding 5 lifestyles on release; and (c) assisting prisoners to integrate within the community on release; and (d) maintaining and strengthening supportive family, community and cultural relationships 10 for prisoners; and (e) providing counselling services and other assistance to prisoners and their families in relation to personal and social matters and problems; and 15 (f) providing opportunities for prisoners to utilise their time in prison in a constructive and beneficial manner by means of educational and occupational training programmes and other means of self improvement; and 20 (g) providing opportunities for work, leisure activities, and recreation; and (h) assisting prisoners to make reparation for the offences they have committed. (3) Subject to subsection (4) a prisoner cannot be 25 compelled to use or participate in services or programmes provided under this section. (4) As long as a prisoner is medically fit the prisoner may be required to work. (5) The chief executive officer is to ensure that, in the 30 provision of services and programmes under this section, the needs of female prisoners and prisoners who are Aboriginal people or Torres Strait Islanders are addressed. page 20

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 32 (6) Services and programmes under this section may be provided inside or outside a prison. (7) A prisoner may be confined in a facility outside a prison to facilitate the prisoner being provided with 5 opportunities for work or participation in services or programmes under this section. (8) This section does not authorise a prisoner to be absent from a prison, or facility referred to in subsection (7), without an absence permit. 10 95A. Medical care of prisoners (1) The chief executive officer is to ensure that medical care and treatment is provided to the prisoners in each prison. (2) Subject to subsection (3), a prisoner may be attended 15 upon and examined by a medical practitioner other than a medical officer only with the prior approval of the superintendent or a medical officer and with the prior approval also of the chief executive officer and for the purpose of providing to a medical officer an 20 opinion on the medical condition of and the treatment recommended for the prisoner. (3) The superintendent may, after consultation with the medical officer who is responsible for the medical care and treatment of the prisoner concerned, permit the 25 prisoner to be attended upon and examined by a medical practitioner -- (a) for official purposes affecting that prisoner; or (b) for the purposes of the proceedings or pending proceedings of a judicial body; or 30 (c) to facilitate the consideration or pursuance of any claim for compensation, damages, insurance, or other benefit by or in respect of the prisoner; or page 21

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 32 (d) for any other purpose or proceeding which the superintendent and the chief executive officer are satisfied is bona fide and necessary or desirable. 5 95B. Duties of medical officers A medical officer shall -- (a) attend at a prison at such times and on such occasions as are specified in the terms of the medical officer's appointment or engagement; 10 and (b) on the request of the chief executive officer, examine a prisoner as soon as practicable after the prisoner's admission to prison and ascertain and record the prisoner's state of health and any 15 other circumstance connected with the prisoner's health, as the medical officer considers necessary; and (c) maintain a record of the medical condition and the course of treatment prescribed in respect of 20 each prisoner under the medical officer's care; and (d) make such returns and reports to the chief executive officer as the chief executive officer may from time to time direct; and 25 (e) make records referred to in paragraphs (b) and (c) relating to a prisoner available, upon request, to the chief executive officer; and (f) on the request of the chief executive officer, give close medical supervision to a prisoner in 30 separate confinement; and (g) on the request of the chief executive officer, examine and treat a prisoner who requires medical care and treatment; and page 22

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 32 (h) on the request of the chief executive officer or a superintendent, examine a prisoner. 95C. Health inspection of prisons (1) In this section -- 5 "ED, PH" means the Executive Director, Public Health of the department principally assisting the Minister administering the Health Act 1911. (2) The ED, PH is to cause the health and hygiene standards and conditions at every prison to be 10 inspected from time to time. (3) Following the inspection of a prison under subsection (2) the ED, PH is to report in writing to the chief executive officer any matter concerned with health and hygiene standards and conditions at the 15 prison which, in the opinion of the ED, PH, requires attention. 95D. Power of medical examination and treatment If a prisoner -- (a) refuses to undergo a medical examination by a 20 medical officer upon admission to a prison; or (b) refuses to undergo a medical examination by a medical officer required by the chief executive officer or the superintendent; or (c) refuses to undergo a medical examination 25 which a medical officer considers necessary; or (d) refuses to undergo medical treatment and a medical officer is of the opinion that the life or health of the prisoner or any other person is likely to be endangered by that refusal, 30 the medical officer and any person acting in good faith may, under the direction of the medical officer, make page 23

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 33 the medical examination or administer the medical treatment and use force to the extent that is reasonably necessary for the purpose. 95E. Practice of religion or spiritual beliefs by prisoners 5 Subject only to any restrictions that the chief executive officer imposes for the security, good order and management of the prison and the prisoners, a prisoner may -- (a) engage in practices in observance of the 10 prisoner's religious or spiritual beliefs; and (b) receive religious or spiritual guidance and visits for that purpose from a person approved by the chief executive officer being a recognised religious or spiritual adviser or other 15 responsible person with similar religious or spiritual beliefs to those of the prisoner. ". 33. Section 107 amended (1) Section 107(1)(a) is amended by deleting "Governor" and 20 inserting instead -- " Minister ". (2) After section 107(3) the following subsection is inserted -- " (4) The person who was the chairman of the Appeal 25 Tribunal immediately before the coming into operation of section 33 of the Prisons and Sentencing Legislation Amendment Act 2006 continues in office as if the person had been appointed by the Minister. ". page 24

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 34 34. Section 110 amended Section 110(1) is amended as follows: (a) by deleting paragraph (t); (b) by inserting after each of paragraphs (a) to (sa), (u) 5 and (v) -- " and ". 35. Sections 112 to 113C inserted After section 111 the following sections are inserted -- " 10 112. Community safety information The chief executive officer may disclose to the public information about a person who is a prisoner or has escaped from lawful custody if the chief executive officer is of the opinion that it is necessary to do so for 15 the safety of the community. 113. Exchange of information (1) In this section -- "contractor" has the meaning given to that term in section 3 of the Court Security and Custodial 20 Services Act 1999; "public authority" means -- (a) a department of the Public Service; or (b) a State agency or instrumentality; or (c) a court or tribunal to the extent that it is an 25 agency for the purposes of the Freedom of Information Act 1992; or (d) a body, whether corporate or unincorporate, or the holder of an office, post or position, established or continued for a public purpose 30 under a written law; page 25

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 35 "relevant information" means information that, in the opinion of the chief executive officer, is, or is likely to be, relevant to -- (a) the management of a prisoner; or 5 (b) the performance of a function under this Act or the Bail Act 1982; "research" means research to promote the development of criminology or corrective services; "service provider" means -- 10 (a) an individual or organisation mentioned in section 7(2a); or (b) an individual or organisation involved in providing support services to a prisoner or the family of a prisoner. 15 (2) The chief executive officer may disclose relevant information to a public authority, service provider or contractor. (3) The chief executive officer may request a public authority, service provider or contractor that holds 20 relevant information to disclose the information to the chief executive officer. (4) A request under subsection (3) -- (a) may relate to particular information or information of a particular kind; and 25 (b) may relate to information that may be held from time to time. (5) A public authority, service provider or contractor may disclose information in compliance with a request under subsection (3). 30 (6) The chief executive officer may disclose information regarding prisoners or persons who have been prisoners to a public authority or other body for use in research. page 26

Prisons and Sentencing Legislation Amendment Bill 2006 Prisons Act 1981 amended Part 2 s. 35 (7) A public authority, service provider, contractor or other body may disclose information regarding prisoners or persons who have been prisoners to the chief executive officer for use in research. 5 (8) The chief executive officer must establish procedures for the disclosure of information under subsection (2) or (6). (9) The regulations may include provisions about -- (a) the receipt and storage of information disclosed 10 under this section; and (b) the restriction of access to such information. 113A. Disclosure to external agencies (1) The Minister may, from time to time, approve circumstances in which, or purposes for which, 15 information relating to a prisoner or a person who has been a prisoner may be disclosed by the chief executive officer to a person or class of persons in another Commonwealth, State, Territory or overseas government department or agency. 20 (2) The chief executive officer may disclose information as approved under subsection (1). 113B. Disclosure to victims (1) In this section -- "victim" of a prisoner means -- 25 (a) a person who has suffered injury, loss or damage as a direct result of an offence for which the prisoner is in custody, whether or not that injury, loss or damage was reasonably foreseeable by the prisoner; or page 27

Prisons and Sentencing Legislation Amendment Bill 2006 Part 2 Prisons Act 1981 amended s. 35 (b) where an offence for which the prisoner is in custody resulted in a death, any member of the immediate family of the deceased. (2) The chief executive officer may disclose information of 5 a prescribed kind regarding a prisoner to a victim of the prisoner or a person acting on a victim's behalf. 113C. Disclosure authorised (1) Information may be disclosed under section 112, 113, 113A or 113B despite any written law relating to 10 confidentiality or secrecy. (2) If information is disclosed, in good faith, under section 112, 113, 113A or 113B -- (a) no civil or criminal liability is incurred in respect of the disclosure; and 15 (b) the disclosure is not to be regarded as a breach of any duty of confidentiality or secrecy imposed by law; and (c) the disclosure is not to be regarded as a breach of professional ethics or standards or as 20 unprofessional conduct. ". page 28

Prisons and Sentencing Legislation Amendment Bill 2006 Sentence Administration Act 2003 amended Part 3 s. 36 Part 3 -- Sentence Administration Act 2003 amended 36. 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 2005, Table 1, p. 409-10.] 37. Section 4 amended (1) Section 4(2) is amended as follows: 10 (a) by deleting the definition of "department"; (b) by inserting in the appropriate alphabetical position -- " "CEO" means the chief executive officer of the Public Sector agency principally assisting the Minister 15 administering Part 8 in its administration; ". (2) Section 4(3) is amended by deleting the abbreviation "CEO". 38. Section 92 amended Section 92 is amended as follows: 20 (a) by deleting "department prepared" and inserting instead -- " Public Sector agency of which the CEO is the chief executive officer prepared 25 "; (b) by deleting "department under" and inserting instead -- " agency under ". page 29

Prisons and Sentencing Legislation Amendment Bill 2006 Part 3 Sentence Administration Act 2003 amended s. 39 39. Section 94 amended After section 94(4) the following subsection is inserted -- " (5) The CEO may -- 5 (a) consult and collaborate with; and (b) make use of the assistance of, any individual or organisation in any way that the CEO considers expedient for the purpose of the performance of a function under this Act, the Sentencing Act 1995, 10 the Fines, Penalties and Infringement Notices Enforcement Act 1994, or the Bail Act 1982. ". 40. Sections 97A to 97E inserted After section 97 the following sections are inserted in Part 8 15 Division 1 -- " 97A. Community safety information The CEO may disclose information about an offender to the public if the CEO is of the opinion that it is 20 necessary to do so for the safety of the community. 97B. Exchange of information (1) In this section -- "contractor" has the meaning given to that term in section 3 of the Court Security and Custodial 25 Services Act 1999; "public authority" means -- (a) a department of the Public Service; or (b) a State agency or instrumentality; or page 30

Prisons and Sentencing Legislation Amendment Bill 2006 Sentence Administration Act 2003 amended Part 3 s. 40 (c) a court or tribunal to the extent that it is an agency for the purposes of the Freedom of Information Act 1992; or (d) a body, whether corporate or unincorporate, 5 or the holder of an office, post or position, established or continued for a public purpose under a written law; "relevant information" means information that, in the opinion of the CEO, is, or is likely to be, relevant 10 to -- (a) the management of an offender; or (b) the performance of a function under this Act, the Sentencing Act 1995, the Fines, Penalties and Infringement Notices Enforcement 15 Act 1994, or the Bail Act 1982; "research" means research to promote the development of criminology or corrective services; "service provider" means -- (a) an individual or organisation mentioned in 20 section 94(5); or (b) an individual or organisation involved in providing support services to an offender or the family of an offender. (2) The CEO may disclose relevant information to a public 25 authority, service provider or contractor. (3) The CEO may request a public authority, service provider or contractor that holds relevant information to disclose the information to the CEO. (4) A request under subsection (3) -- 30 (a) may relate to particular information or information of a particular kind; and (b) may relate to information that may be held from time to time. page 31

Prisons and Sentencing Legislation Amendment Bill 2006 Part 3 Sentence Administration Act 2003 amended s. 40 (5) A public authority, service provider or contractor may disclose information in compliance with a request under subsection (3). (6) The CEO may disclose information regarding 5 offenders to a public authority or other body for use in research. (7) A public authority, service provider, contractor or other body may disclose information regarding offenders to the CEO for use in research. 10 (8) The CEO must establish procedures for the disclosure of information under subsection (2) or (6). (9) The regulations may include provisions about -- (a) the receipt and storage of information disclosed under this section; and 15 (b) the restriction of access to such information. 97C. Disclosure to external agencies (1) The Minister may, from time to time, approve circumstances in which, or purposes for which, information relating to an offender may be disclosed by 20 the CEO to a person or class of persons in another Commonwealth, State, Territory or overseas government department or agency. (2) The CEO may disclose information as approved under subsection (1). 25 97D. Disclosure to victims (1) In this section -- "victim" of an offender means -- (a) a person who has suffered injury, loss or damage as a direct result of an offence 30 committed by the offender, whether or not page 32

Prisons and Sentencing Legislation Amendment Bill 2006 Sentence Administration Act 2003 amended Part 3 s. 41 that injury, loss or damage was reasonably foreseeable by the offender; or (b) where an offence committed by the offender resulted in a death, any member of the 5 immediate family of the deceased. (2) The CEO may disclose information of a prescribed kind regarding an offender to a victim of the offender or a person acting on a victim's behalf. 97E. Disclosure authorised 10 (1) Information may be disclosed under section 97A, 97B, 97C or 97D despite any written law relating to confidentiality or secrecy. (2) If information is disclosed, in good faith, under section 97A, 97B, 97C or 97D -- 15 (a) no civil or criminal liability is incurred in respect of the disclosure; and (b) the disclosure is not to be regarded as a breach of any duty of confidentiality or secrecy imposed by law; and 20 (c) the disclosure is not to be regarded as a breach of professional ethics or standards or as unprofessional conduct. ". 41. Section 98A inserted 25 After section 98 the following section is inserted -- " 98A. Duties of CCOs A CCO must comply with this Act and any other written law conferring functions on CCOs and with the 30 orders and directions of the CEO. ". page 33

Prisons and Sentencing Legislation Amendment Bill 2006 Part 3 Sentence Administration Act 2003 amended s. 42 42. Section 119 amended Section 119(1)(c) is amended by deleting "from time to time" and inserting instead -- " , or of a kind approved, ". 5 43. References to supervisors amended (1) The provisions listed in the Table to this section are amended by deleting "supervisor" in each place where it occurs and inserting instead -- " manager ". 10 Table s. 76(3)(a)(i), (3)(b)(i) and (4)(b) s. 89(1), (2), (3) and (4) s. 77 s. 90(1), (2) and (3) s. 87(1), (2), (3), (4), (5) and (6) s. 91(1), (3) and (4) s. 88(1)(a), (1)(c), (4) and (5) Note: The heading to section 87 is to be altered by deleting "Supervisors" and inserting instead "Managers". (2) Sections 89(3)(b) and (4)(d) and 90(4) are amended by deleting "supervisor's" and inserting instead -- 15 " manager's ". page 34

Prisons and Sentencing Legislation Amendment Bill 2006 Sentencing Act 1995 amended Part 4 s. 44 Part 4 -- Sentencing Act 1995 amended 44. 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 Western Australian Legislation Information Tables for 2005, Table 1, p. 412.] 45. Section 4 amended (1) Section 4(1) is amended as follows: (a) by inserting in the appropriate alphabetical position -- 10 " "CEO (corrections)" means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its 15 administration; "; (b) in the definition of "community work" by deleting "CEO;" and inserting instead -- " CEO (corrections); ". 20 (2) Section 4(2) is amended by deleting the abbreviation "CEO". 46. Section 22 amended After section 22(4) the following subsection is inserted -- " (4a) The CEO (corrections) may use the information in a 25 pre-sentence report to assist with the management of the convicted or sentenced offender to whom the report relates. ". page 35

Prisons and Sentencing Legislation Amendment Bill 2006 Part 4 Sentencing Act 1995 amended s. 47 47. Section 33N amended Section 33N(3) is amended by deleting all of the subsection after "33H(3) and (5)" and inserting instead -- " 5 , 75(3) and (5) and 84C(3) and (5), amend any curfew requirement in the PSO by extending its term by not more than one month at a time or add a curfew requirement the term of which is not more than one month. 10 ". 48. Section 148 amended Section 148(2) is amended by deleting "CEO" and inserting instead -- " chief executive officer ". 15 49. References to "CEO" changed to "CEO (corrections)" Each provision in the Table to this section is amended by inserting after "CEO" in each place where it occurs -- " (corrections) ". Table s. 22(1) and (4) s. 33Q(5) s. 83(1)(c) s. 23(4) s. 63(c) s. 84C(15) s. 29 s. 67(2)(c) s. 84J(2)(a) s. 33D(c) s. 70(c) s. 84M(4) and (5) s. 33H(15) s. 74(2)(c) s. 129(3)(a) and (b) s. 33I(5) s. 75(15) s. 131(2)(a) and (b) s. 33P(1) s. 79(3) s. 134(5) and (6) page 36

Prisons and Sentencing Legislation Amendment Bill 2006 Bail Act 1982 amended Part 5 s. 50 Part 5 -- Bail Act 1982 amended 50. The Act amended in this Part The amendments in this Part are to the Bail Act 1982*. [* Reprint 5 as at 1 April 2005. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 32 and Acts Nos. 34 of 2004 and 38 of 2005.] 51. Section 3 amended Section 3(1) is amended as follows: 10 (a) by deleting the definition of "CEO (Justice)"; (b) by inserting in the appropriate alphabetical position -- " "CEO (corrections)" means the chief executive officer of the Public Sector agency principally 15 assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its administration; "; (c) in paragraph (a) of the definition of "authorised 20 community services officer" by deleting "CEO (Justice)" in each place where it occurs and inserting instead -- " CEO (corrections) ". 52. Section 66A amended 25 Section 66A(2) is amended as follows: (a) by inserting after "detention centre" -- " under the Young Offenders Act 1994 "; page 37

Prisons and Sentencing Legislation Amendment Bill 2006 Part 5 Bail Act 1982 amended s. 53 (b) by deleting "department of which the CEO (Justice) is the chief executive officer" and inserting instead -- " Public Sector agency principally assisting the 5 Minister administering that Act in its administration ". 53. References to "CEO (Justice)" changed to "CEO (corrections)" 10 Each provision in the Table to this section is amended by deleting "(Justice)" in each place where it occurs and inserting instead -- " (corrections) ". Table s. 3(5) s. 50E s. 24A(4) s. 50F(1), (3), (4) and (5) s. 27A s. 50H s. 50A s. 50J s. 50C(4)(a) and (b) s. 50L(1) s. 50D(1)(a) Schedule 1 Part D clause 3(3)(e) 15 Note: The headings to sections 50A, 50E, 50F and 50J are to be altered by deleting "(Justice)" and inserting instead "(corrections)". page 38

Prisons and Sentencing Legislation Amendment Bill 2006 Children's Court of Western Australia Act 1988 amended Part 6 s. 54 Part 6 -- Children's Court of Western Australia Act 1988 amended 54. The Act amended in this Part The amendments in this Part are to the Children's Court of 5 Western Australia Act 1988*. [* Reprint 3 as at 10 September 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 62 and Act No. 34 of 2004.] 10 55. Section 3 amended Section 3(1) is amended as follows: (a) by inserting in the appropriate alphabetical positions -- " "CEO (young offenders)" means the chief executive 15 officer of the young offenders agency; "young offenders agency" means the Public Sector agency principally assisting the Minister administering the Young Offenders Act 1994 in its administration. 20 "; (b) in the definition of "registrar" by deleting "place." and inserting instead -- " place; "; (c) by deleting the definitions of "CEO" and "Department". 25 56. Section 28 amended Section 28(2)(a) is amended by deleting "the CEO or" and inserting instead -- " the CEO (young offenders) or ". page 39

Prisons and Sentencing Legislation Amendment Bill 2006 Part 6 Children's Court of Western Australia Act 1988 amended s. 57 57. Section 33 amended Section 33(1) is amended in the definition of "prescribed officer" by deleting paragraph (a) and "or" after it and inserting instead -- 5 " (a) the CEO (young offenders) or an officer of the young offenders agency who is authorised by that CEO; or ". 10 58. Section 40 amended Section 40(2)(b) is amended by inserting after "CEO" -- " (young offenders) ". page 40

Prisons and Sentencing Legislation Amendment Bill 2006 Criminal Law (Mentally Impaired Accused) Act 1996 amended Part 7 s. 59 Part 7 -- Criminal Law (Mentally Impaired Accused) Act 1996 amended 59. 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.] 60. Section 32 amended Section 32(2) is amended by deleting "accused." and inserting instead -- 10 " accused unless the reason for the absence is -- (a) the facilitation of the provision of medical or health services to the accused; or (b) the furthering of the interests of justice. 15 ". page 41

Prisons and Sentencing Legislation Amendment Bill 2006 Part 8 Fines, Penalties and Infringement Notices Enforcement Act 1994 amended s. 61 Part 8 -- Fines, Penalties and Infringement Notices Enforcement Act 1994 amended 61. The Act amended in this Part The amendments in this Part are to the Fines, Penalties and 5 Infringement Notices Enforcement Act 1994*. [* Reprint 3 as at 9 December 2005.] 62. Section 3 amended (1) Section 3(1) is amended by inserting in the appropriate alphabetical position -- 10 " "CEO (corrections)" means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its 15 administration; ". (2) Section 3(2) is repealed. 63. Section 28 amended Section 28(1) is amended in the definition of "court officer" by 20 deleting "CEO" and inserting instead -- " chief executive officer ". 64. References to "CEO" changed to "CEO (corrections)" Sections 48(1), (2), and (2a), 52(1) and 103 are amended by inserting after "CEO" in each place where it occurs -- 25 " (corrections) ". page 42

Prisons and Sentencing Legislation Amendment Bill 2006 Juries Act 1957 amended Part 9 s. 65 Part 9 -- Juries Act 1957 amended 65. The Act amended in this Part The amendments in this Part are to the Juries Act 1957*. [* Reprint 4 as at 2 September 2005. 5 For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 237 and Act No. 34 of 2004.] 66. Second Schedule amended The Second Schedule Part I clause 2 is amended as follows: 10 (a) by deleting paragraph (i); (b) in paragraph (n) by deleting "1994." and inserting instead -- " 1994; "; (c) by inserting after paragraph (n) -- 15 " (o) person who -- (i) is an officer or employee of an agency as defined in section 3(1) of the Public Sector Management Act 1994; or 20 (ii) provides services to such an agency under a contract for services; or (iii) is a contract worker as defined in section 3 of the Court Security and Custodial Services Act 1999 or section 15A of the 25 Prisons Act 1981, being a person prescribed or of a class prescribed by regulations. ". page 43

Prisons and Sentencing Legislation Amendment Bill 2006 Part 10 Restraining Orders Act 1997 amended s. 67 Part 10 -- Restraining Orders Act 1997 amended 67. The Act amended in this Part The amendments in this Part are to the Restraining Orders Act 1997*. 5 [* Reprinted as at 6 October 2000. For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 387 and Act No. 34 of 2004.] 68. Section 70A amended 10 Section 70A(1) is amended in the definition of "interested party" by deleting paragraph (b) and "or" after it and inserting instead -- " or 15 (b) the chief executive officer of the Public Sector agency principally assisting the Minister in the administration of this Act; or (ba) the chief executive officer of the Public Sector agency principally assisting the 20 Minister administering Part 8 of the Sentence Administration Act 2003 in its administration; or ". page 44

Prisons and Sentencing Legislation Amendment Bill 2006 Spent Convictions Act 1988 amended Part 11 s. 69 Part 11 -- Spent Convictions Act 1988 amended 69. The Act amended in this Part The amendments in this Part are to the Spent Convictions Act 1988*. 5 [* Reprint 4 as at 8 July 2005. For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, p. 421.] 70. Schedule 3 amended Schedule 3 clause 1(1) item 10 is amended by deleting 10 "Community and Juvenile Justice Division or the Prisons Division of the Department of Justice" and inserting instead -- " Department of Corrective Services ". page 45

Prisons and Sentencing Legislation Amendment Bill 2006 Part 12 Victims of Crime Act 1994 amended s. 71 Part 12 -- Victims of Crime Act 1994 amended 71. The Act amended in this Part The amendments in this Part are to the Victims of Crime Act 1994*. 5 [* Reprint 1 as at 4 March 2005.] 72. Section 4 amended (1) Section 4(1) is amended as follows: (a) by inserting in the appropriate alphabetical positions -- " 10 "agency" means the Public Sector agency principally assisting the Minister administering a relevant enactment in its administration; "relevant enactment" means any provision of this Act, the Prisons Act 1981 or the Sentence 15 Administration Act 2003. "; (b) by deleting the definition of "Department"; (c) in paragraph (g) of the definition of "prescribed information" by deleting "regulations." and inserting 20 instead -- " regulations; ". (2) Section 4(2) and (3) are repealed and the following subsections are inserted instead -- " 25 (2) The Commissioner of Police may provide the chief executive officer of an agency with prescribed information in relation to a victim so that the agency can offer the victim the services it has available for victims. page 46

Prisons and Sentencing Legislation Amendment Bill 2006 Victims of Crime Act 1994 amended Part 12 s. 73 (3) The DPP may provide the chief executive officer of an agency with such information in relation to a victim as the DPP thinks fit so that the agency can offer the victim the services it has available for victims. 5 ". (3) Section 4(6) is amended by deleting "the Department" and inserting instead -- " an agency ". 73. Section 5 inserted 10 After section 4 the following section is inserted -- " 5. Regulations The Governor may make regulations prescribing all matters that are required or permitted by this Act to be 15 prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to the purposes of this Act. ". page 47

Prisons and Sentencing Legislation Amendment Bill 2006 Part 13 Young Offenders Act 1994 amended s. 74 Part 13 -- Young Offenders Act 1994 amended 74. 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 Western Australian Legislation Information Tables for 2005, Table 1, p. 515 and Act No. 34 of 2004.] 75. Section 12 amended 10 (1) Section 12(1) is amended by deleting "Governor" and inserting instead -- " Minister ". (2) After section 12(1) the following subsection is inserted -- " 15 (1a) A facility that is a Departmental or subsidised facility immediately before the coming into operation of section 75 of the Prisons and Sentencing Legislation Amendment Act 2006 continues as a Departmental or subsidised facility as if the Minister had made the 20 order under subsection (1) declaring it to be such a facility. ". (3) Section 12(2) is amended by deleting "Governor" and inserting instead -- 25 " Minister ". page 48

Prisons and Sentencing Legislation Amendment Bill 2006 Young Offenders Act 1994 amended Part 13 s. 76 76. Section 15A amended (1) Section 15A(1) is amended as follows: (a) by deleting "Director-General of the Department" and inserting instead -- 5 " CEO (child welfare) "; (b) by deleting "Director-General with" and inserting instead -- " CEO (child welfare) with "; (c) in paragraphs (c), (d) and (e) by deleting "Department" 10 in each place where it occurs and inserting instead -- " welfare agency "; (d) in paragraph (e) by deleting "Director-General" and inserting instead -- " CEO (child welfare) ". 15 (2) Section 15A(2) is repealed and the following subsection is inserted instead -- " (2) In subsection (1) -- "CEO (child welfare)" means the chief executive 20 officer of the welfare agency; "welfare agency" means the Public Sector agency principally assisting the Minister administering the Children and Community Services Act 2004 in its administration. 25 ". (3) Section 15A(5)(b)(i) is amended by deleting "supervisor" and inserting instead -- " manager ". page 49

Prisons and Sentencing Legislation Amendment Bill 2006 Part 13 Young Offenders Act 1994 amended s. 77 77. Section 16 replaced by sections 16 and 16A Section 16 is repealed and the following sections are inserted instead -- " 5 16. Exchange of information (1) In this section -- "contractor" has the meaning given to that term in section 3 of the Court Security and Custodial Services Act 1999; 10 "public authority" means -- (a) a department of the Public Service; or (b) a State agency or instrumentality; or (c) a court or tribunal to the extent that it is an agency for the purposes of the Freedom of 15 Information Act 1992; or (d) a body, whether corporate or unincorporate, or the holder of an office, post or position, established or continued for a public purpose under a written law; 20 "relevant information" means information that, in the opinion of the chief executive officer, is, or is likely to be, relevant to the administration of this Act; "research" means research to promote the 25 development of juvenile justice services. (2) The chief executive officer may request a public authority or contractor that holds relevant information to disclose the information to the chief executive officer. page 50

Prisons and Sentencing Legislation Amendment Bill 2006 Young Offenders Act 1994 amended Part 13 s. 77 (3) A request under subsection (2) -- (a) may relate to particular information or information of a particular kind; and (b) may relate to information that may be held 5 from time to time. (4) A public authority or contractor may disclose information in compliance with a request under subsection (2). (5) The chief executive officer may disclose information 10 regarding -- (a) young persons who have committed offences; or (b) detainees or persons who have been detainees, to a public authority or other body for use in research. 15 (6) A public authority, contractor or other body may disclose information regarding -- (a) young persons who have committed offences; or (b) detainees or persons who have been detainees, 20 to the chief executive officer for use in research. (7) The chief executive officer must establish procedures for the disclosure of information under subsection (5). (8) The regulations may include provisions about -- (a) the receipt and storage of information disclosed 25 under this section; and (b) the restriction of access to such information. page 51

Prisons and Sentencing Legislation Amendment Bill 2006 Part 13 Young Offenders Act 1994 amended s. 78 16A. Disclosure authorised (1) Information may be disclosed under section 15 or 16 despite any written law relating to confidentiality or secrecy. 5 (2) If information is disclosed, in good faith, under section 15 or 16 -- (a) no civil or criminal liability, or liability to be punished for a contempt of court, is incurred in respect of the disclosure; and 10 (b) the disclosure is not to be regarded as a breach of any duty of confidentiality or secrecy imposed by law; and (c) the disclosure is not to be regarded as a breach of professional ethics or standards or as 15 unprofessional conduct. ". 78. Section 151 amended Section 151(3) is repealed and the following subsections are inserted instead -- 20 " (3) A person is to be appointed as the secretary of the Board. (4) The secretary and any other staff of the Board are to be appointed under Part 3 of the Public Sector 25 Management Act 1994. ". page 52

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