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Western Australia
Sentence Administration Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. This Act to be read with Sentencing Act 1995 2
4. Interpretation and abbreviations 2
Part 2 -- General matters about people in
custody
Division 1 -- Preliminary
5. Interpretation and calculations 4
Division 2 -- Matters affecting the service of terms
6. When a term begins 4
7. Order of service of fixed terms 4
8. Effect of escaping from custody 6
9. Effect of time before an appeal 6
10 . No release if prisoner in custody for another matter 7
page i
49--2
Sentence Administration Bill 1998
Contents
Division 3 -- Reports about certain people in
custody
11 . Report to Minister about the place of custody for a
person in custody during Governor's pleasure 7
12 . Report to Minister about a person in custody 7
Division 4 -- Releasing people in custody during the
Governor's pleasure
13 . Operation of this Division 9
14 . Release may be by parole order 9
Part 3 -- Parole
Division 1 -- Preliminary
15 . Interpretation 10
16 . Release on parole, matters to be considered 10
Division 2 -- Reports about certain people eligible
for parole
17 . Parole term, CEO to report to Board about prisoner 11
18 . Life term or indefinite imprisonment, Board to
report periodically to Minister about prisoner 12
Division 3 -- Parole where term is less than
12 months
19 . Interpretation 14
20 . Board to parole prisoner 14
Division 4 -- Parole where term is at least
12 months
21 . Interpretation 14
22 . Board may parole prisoner 14
23 . Prisoner to be notified of postponement or refusal of
parole 15
page ii
Sentence Administration Bill 1998
Contents
Division 5 -- Parole in case of life term or indefinite
imprisonment
24 . Life imprisonment, Governor may parole prisoner 16
25 . Strict security life imprisonment, Governor may
parole prisoner 16
26 . Indefinite imprisonment, Governor may parole
prisoner 17
Division 6 -- Parole orders (unsupervised)
27 . Parole order (unsupervised), nature of 18
Division 7 -- Parole orders (supervised)
28 . Parole order (supervised), nature of 18
29 . Parole order (supervised), standard obligations 19
30 . Parole order (supervised), additional requirements 20
31 . CEO to ensure parolee is supervised 21
Division 8 -- Parole orders, general provisions
32 . Parole order may relate to more than one parole
term 21
33 . Prisoner may refuse to be released on parole 22
34 . Prisoner's acknowledgment or undertaking 22
35 . Making parole order after refusal by prisoner 22
Division 9 -- Parole, general provisions
36 . Parole period counts as time served 23
37 . Prisoner under sentence until sentence discharged 23
Division 10 -- Amendment of parole orders
(supervised)
38 . Amending before release 24
39 . Board may amend parole order during supervised
period 24
Division 11 -- Cancellation of parole orders
40 . Cancellation before release 24
41 . Cancellation by CEO during supervised period 24
42 . Cancellation by Board 25
page iii
Sentence Administration Bill 1998
Contents
43 . Cancellation by CEO or Board, prisoner to be
notified 25
44 . Cancellation by CEO or Board, effect on other
parole orders 26
45 . Cancellation automatic if prisoner imprisoned for
offence committed on parole 26
Division 12 -- Consequences of cancellation
46 . Prisoner to resume serving sentence in custody 27
47 . Returning prisoner to custody 27
48 . Clean street time counts as time served 28
Division 13 -- Re-release after parole cancelled
49 . Re-release by Board after parole cancelled 29
50 . Governor may re-release after parole cancelled 30
51 . Parole period under new parole order deemed to be
time served 31
Division 14 -- Miscellaneous
52 . Parole ordered by Governor, Minister to be advised
of amendment or cancellation 31
53 . Resolution of doubtful cases 32
Part 4 -- Release programme orders
Division 1 -- General
54 . RPO, nature of 34
55 . Certain prisoners to be made subject to RPO 34
56 . RPO, standard obligations 35
57 . RPO, programme requirement 35
Division 2 -- Enforcement
58 . Breach of RPO, offence 36
Part 5 -- Provisions applicable to offenders on
community corrections orders
59 . Interpretation 38
page iv
Sentence Administration Bill 1998
Contents
60 . Offender's obligations 38
61 . Consequences of contravening the obligations 40
62 . CEO may suspend requirements in case of illness
etc. 40
63 . Community service requirement, offender may be
directed to do activities 42
64 . Programme requirement 43
65 . Compensation for injury 43
66 . Regulations 43
Part 6 -- Community corrections centres
Division 1 -- Preliminary
67 . Interpretation 45
68 . Community corrections centres 45
69 . Community corrections activities 45
Division 2 -- Management
70 . CEO may issue written instructions 46
71 . Supervisors of centres 47
72 . Functions of CCOs at centres 47
73 . Access to centres 48
74 . Searches 49
75 . Seizure 50
Division 3 -- Miscellaneous
76 . Department to report on centres 50
77 . Regulations 51
Part 7 -- Staff
Division 1 -- Chief executive officer
78 . Functions 52
79 . Delegation 52
80 . CEO may confer functions of CCO on person 53
81 . CEO to notify Board of certain breaches 53
page v
Sentence Administration Bill 1998
Contents
Division 2 -- Other staff
82 . Appointment 53
83 . Volunteers 54
Division 3 -- Miscellaneous
84 . Compensation for injury 54
85 . Assistance by police officers 54
Part 8 -- Parole Board
86 . Parole Board established 56
87 . Membership 56
88 . Secretary 56
89 . Schedule 1 applies 56
90 . Functions 56
91 . Board to have powers of Royal Commission 57
92 . Orders by the Board 57
93 . Board may require prisoner to appear before it 57
94 . Issue of warrants by Board 58
95 . Judicial notice of appointment and signature 58
96 . Annual report to Minister 58
97 . Special reports to Minister 59
Part 9 -- Miscellaneous
98 . Reasons for decision may be withheld 60
99 . Exclusion of rules of natural justice 60
100 . Issue and execution of warrants 60
101 . Monitoring equipment 61
102 . Secrecy 62
103 . Protection from liability for wrongdoing 62
104 . Regulations 63
page vi
Sentence Administration Bill 1998
Contents
Schedule 1 -- Provisions applicable to the
Parole Board
1. Interpretation 64
2. Terms of office 64
3. Resignation 64
4. Deputies of members 65
5. Meetings 65
6. Remuneration and allowances 66
7. Leave of absence 66
page vii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Sentence Administration Bill 1998
A Bill for
An Act to provide for the administration of sentences and other
orders imposed on offenders.
The Parliament of Western Australia enacts as follows:
page 1
Sentence Administration Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Sentence Administration Act 1998.
2. Commencement
5 This Act comes into operation on such day as is, or days as are
respectively, fixed by proclamation.
3. This Act to be read with Sentencing Act 1995
This Act is to be read with the Sentencing Act 1995.
4. Interpretation and abbreviations
10 (1) If not defined in this Act words and expressions in this Act have
the same definitions as in the Sentencing Act 1995 and in
particular, in Part 13 of that Act.
(2) In this Act --
"Board" means the Parole Board;
15 "community corrections activities" are activities approved as
such under section 69;
"community corrections centre" means a place declared to be
a community corrections centre under section 68;
"community corrections officer" ("CCO") means a person
20 who under section 82 is appointed as a CCO or as an
honorary CCO and includes a person who under section 80
has been conferred with some or all of the functions of a
CCO;
"community order" means a community based order, or an
25 intensive supervision order, imposed under the Sentencing
Act 1995;
page 2
Sentence Administration Bill 1998
Preliminary Part 1
s. 4
"department" means the department principally assisting the
Minister with the administration of this Act;
"departmental officer" means a person appointed under
section 82(1)(a);
5 "departmental staff" means the people appointed or engaged
under section 82 and the people authorized to work as
unpaid volunteers under section 83;
"parole order" means an order made under Part 3 that a
prisoner be released on parole;
10 "release" means release from custody;
"work and development order" ("WDO") means a work and
development order made under Part 4 of the Fines,
Penalties and Infringement Notices Enforcement Act 1994.
(3) In this Act these abbreviations are used --
15 "CCO" for community corrections officer;
"CEO" for chief executive officer;
"RPO" for release programme order;
"WDO" for work and development order.
page 3
Sentence Administration Bill 1998
Part 2 General matters about people in custody
Division 1 Preliminary
s. 5
Part 2 -- General matters about people in custody
Division 1 -- Preliminary
5. Interpretation and calculations
In this Part words and expressions have the same definitions,
5 and calculations are to be made in the same way, as in Part 13 of
the Sentencing Act 1995.
Division 2 -- Matters affecting the service of terms
6. When a term begins
(1) Unless this section provides otherwise or an order is made under
10 section 87(d) or 88(3) of the Sentencing Act 1995, a term, other
than indefinite imprisonment, begins on the day it is imposed, or
if the prisoner is not then in custody, on the day he or she is
arrested under a warrant issued in respect of the sentence.
(2) If a term is cumulative on one or more other terms then that
15 term begins on the earliest date on which the prisoner could be
released in relation to the last to be served of those other terms,
whether or not the release would otherwise be under --
(a) a parole order; or
(b) a recognizance release order, or a parole order, made
20 under the Crimes Act 1914 of the Commonwealth.
7. Order of service of fixed terms
(1) A prisoner sentenced to serve 2 or more fixed terms is to serve
those terms in this order --
(a) firstly, those that are not parole terms are to be served
25 according to whether they are concurrent, partly
concurrent or cumulative with one another;
page 4
Sentence Administration Bill 1998
General matters about people in custody Part 2
Matters affecting the service of terms Division 2
s. 7
(b) secondly, subject to section 94 of the Sentencing
Act 1995 and subsection (2), the non-parole periods of
those that are parole terms are to be served according to
whether those parole terms are concurrent, partly
5 concurrent or cumulative with one another;
(c) thirdly, subject to section 94 of the Sentencing Act 1995
and subsection (2), unless and until released on parole,
the balance of any parole terms after the end of any
non-parole periods are to be served --
10 (i) cumulatively if the terms are cumulative;
(ii) concurrently if the terms are concurrent or partly
concurrent.
(2) If after the commencement of Part 2 of the Sentencing
Legislation Amendment and Repeal Act 1998 a prisoner who is
15 serving, or has yet to serve, a parole term imposed before the
commencement of that Part is sentenced to serve another parole
term, then --
(a) the non-parole periods of the terms are to be served
according to whether the parole terms are concurrent,
20 partly concurrent or cumulative with one another; and
(b) the balance of the parole terms after the end of any
non-parole periods are to be served concurrently
irrespective of whether the parole terms are concurrent,
partly concurrent or cumulative with one another.
25 (3) If while serving a fixed term a prisoner is sentenced to serve
another fixed term, other than a fixed term ordered to be served
partly concurrently with another term, service of the former is
suspended if necessary so that the terms can then be served in
the order required by subsection (1).
page 5
Sentence Administration Bill 1998
Part 2 General matters about people in custody
Division 2 Matters affecting the service of terms
s. 8
(4) In this section --
"fixed term" includes a period of imprisonment ordered under
section 58, 59 or 119A of the Sentencing Act 1995;
"non-parole period", in relation to a parole term, means the
5 period that under section 93(1) of the Sentencing Act 1995
the prisoner has to serve before he or she is eligible to be
released on parole.
8. Effect of escaping from custody
(1) A term does not elapse while a prisoner is at large, having
10 escaped lawful custody while serving it.
(2) A prisoner who is returned to lawful custody after having
escaped from it while serving a fixed term, must serve --
(a) the part of the term he or she had yet to serve at the time
of escaping; plus
15 (b) one third of the lesser of --
(i) the period during which he or she was absent
from lawful custody; or
(ii) the period beginning on the date of escape and
ending on the date when, but for the escape, the
20 fixed term would have ended,
in addition to any term imposed for escaping lawful custody.
9. Effect of time before an appeal
(1) Any period that a prisoner spends on bail while he or she is
appealing against a conviction or a sentence does not count as time
25 served in respect of any term that the prisoner is liable to serve.
(2) Any period that a prisoner spends in custody while he or she is
appealing against a conviction or a sentence counts as time served
in respect of any term that he or she is then serving, but not in
respect of any other term that he or she is liable to serve.
page 6
Sentence Administration Bill 1998
General matters about people in custody Part 2
Reports about certain people in custody Division 3
s. 10
10. No release if prisoner in custody for another matter
Despite this Act and the Sentencing Act 1995, a prisoner must
not be released (whether under a parole order or otherwise) in
respect of a term if at the time the release could be ordered he or
5 she is by law required to be kept in custody in respect of another
matter.
Division 3 -- Reports about certain people in custody
11. Report to Minister about the place of custody for a person in
custody during Governor's pleasure
10 (1) At any time the Minister, in writing, may request the CEO to
provide a report of the kind mentioned in subsection (2).
(2) Whenever the CEO gets a written request to do so from the
Minister, or whenever the CEO thinks there are special
circumstances which justify doing so, the CEO must give the
15 Minister a written report on the place or places where a person
who is ordered to be detained in strict custody under section 282
of The Criminal Code is or should be detained in safe custody.
12. Report to Minister about a person in custody
(1) In this section --
20 "person in custody" means --
(a) a prisoner sentenced to a fixed term, whether a parole
term or not;
(b) a prisoner sentenced to a life term;
(c) a prisoner sentenced to indefinite imprisonment;
25 (d) a person in strict or safe custody by virtue of an order
made under section 282 of The Criminal Code.
(2) At any time the Minister, in writing, may request the Board to
report about a person in custody.
page 7
Sentence Administration Bill 1998
Part 2 General matters about people in custody
Division 3 Reports about certain people in custody
s. 12
(3) The Board must give the Minister a written report about a
person in custody --
(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
subsection (1)(d), at least once in every year.
(4) A report --
10 (a) must, if given under subsection (3)(a); and
(b) may, if given under subsection (3)(b) or (c),
recommend whether or not the Governor should be advised to
exercise any power vested in the Governor to release the person
in custody and, if release is recommended, the requirements or
15 conditions (if any) that should apply to the person's release.
(5) If a report under subsection (3) about a person in custody
recommends that the person be released, the report must, in
addition to any other matters the Board thinks fit, report --
(a) on the nature and circumstances of the offence that gave
20 rise to the person being in custody; and
(b) if parole is recommended --
(i) on the parole considerations (as defined in
section 15) relating to the person;
(ii) on the period for which the person should be on
25 parole; and
(iii) on the additional requirements (if any) to which
the person should be subject while on parole.
page 8
Sentence Administration Bill 1998
General matters about people in custody Part 2
Releasing people in custody during the Governor's pleasure Division 4
s. 13
Division 4 -- Releasing people in custody during the
Governor's pleasure
13. Operation of this Division
The powers in this Division are in addition to the power of the
5 Governor to at any time release people who are in custody
during the Governor's pleasure.
14. Release may be by parole order
(1) The release by the Governor of a person in strict or safe custody
by virtue of an order made under section 282 of The Criminal
10 Code may, if the Governor thinks fit, be by means of a parole
order made by the Governor.
(2) The parole order may not be made unless a report about the
person has been given by the Board to the Minister under
section 12.
15 (3) The release date is that set by the Governor.
(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.
(5) The Minister must cause a copy of every parole order made in
respect of a person described in subsection (1) and a written
20 explanation of the circumstances giving rise to it to be tabled in
each House of Parliament within 15 sitting days of that House
after it is made.
page 9
Sentence Administration Bill 1998
Part 3 Parole
Division 1 Preliminary
s. 15
Part 3 -- Parole
Division 1 -- Preliminary
15. Interpretation
(1) In this Part --
5 "parole considerations" has the meaning given by section 16;
"parole order" means a parole order (supervised) or a parole
order (unsupervised);
"parole order (supervised)" means a parole order to which
Division 7 applies;
10 "parole order (unsupervised)" means a parole order to which
Division 6 applies.
(2) In this Part 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.
15 16. Release on parole, matters to be considered
In this Part a reference to parole considerations in relation to a
sentence of imprisonment that a prisoner is serving or has yet to
serve and in respect of which the prisoner may be released on
parole is a reference to these considerations:
20 (a) the circumstances of the commission of, and the
seriousness of, the offence for which the sentence was
imposed;
(b) the behaviour of the prisoner when in custody serving
the sentence in so far as it may be relevant to
25 determining how the prisoner is likely to behave if
released on parole;
page 10
Sentence Administration Bill 1998
Parole Part 3
Reports about certain people eligible for parole Division 2
s. 17
(c) whether the prisoner has participated in programmes
available to him or her when in custody and if not the
reasons for not doing so;
(d) the prisoner's performance when participating in any
5 such programme;
(e) the behaviour of the prisoner when subject to any
release order (as defined in section 89 of the Sentencing
Act 1995) made previously;
(f) the likelihood of the prisoner offending when he or she
10 is on parole;
(g) the likelihood of the prisoner complying with the
standard obligations and any additional requirements of
a parole order (supervised);
(h) the degree of risk that the release of the prisoner would
15 appear to present to the personal safety of people in the
community or of any individual in the community;
(i) any other consideration that is or may be relevant to
whether the prisoner should be released on parole;
(j) any remarks by a court that has sentenced the offender
20 to imprisonment that are relevant to any of the above
matters.
Division 2 -- Reports about certain people eligible for parole
17. Parole term, CEO to report to Board about prisoner
(1) In the case of a prisoner serving a parole term of at least
25 12 months the CEO must give the Board a written report on the
parole considerations relating to the prisoner.
(2) The report must be given to the Board a reasonable time before
the date when the prisoner concerned is eligible to be released
on parole.
page 11
Sentence Administration Bill 1998
Part 3 Parole
Division 2 Reports about certain people eligible for parole
s. 18
18. Life term or indefinite imprisonment, Board to report
periodically to Minister about prisoner
(1) In this section --
"prisoner" means a person serving a sentence described in
5 column 1 of the Table to this section.
(2) The Board must give the Minister a written report 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.
10 (3) If a report 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) the parole considerations relating to the prisoner;
(b) the period for which the prisoner should be on parole;
15 and
(c) the additional requirements (if any) to which the
prisoner should be subject while on parole.
(4) A report under subsection (2) may recommend whether or not
the Governor should be advised to exercise any power vested in
20 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.
page 12
Sentence Administration Bill 1998
Parole Part 3
Reports about certain people eligible for parole Division 2
s. 18
Table
When
Type of sentence When report is due subsequent
reports are due
ife imprisonment for 7 years after the term was Every 3 years
an offence other than imposed after that
murder or wilful
murder
ife 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
ife imprisonment for At the end of the minimum Every 3 years
wilful 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 period set under section 91(1) after that
than where, under of the Sentencing Act 1995
section 91(3) of the
Sentencing Act 1995,
the prisoner has been
ordered to be
imprisoned for the
whole of his or her life
Indefinite One year after the day on Every 3 years
imprisonment which the sentence began after that
page 13
Sentence Administration Bill 1998
Part 3 Parole
Division 3 Parole where term is less than 12 months
s. 19
Division 3 -- Parole where term is less than 12 months
19. Interpretation
In this Division --
"prisoner" means a prisoner serving a parole term of less than
5 12 months.
20. Board to parole prisoner
(1) The Board must make a parole order (unsupervised) in respect
of a prisoner.
(2) The release date in the order must be the day when, under
10 section 93(1) of the Sentencing Act 1995, the prisoner is eligible
to be released on parole.
(3) The parole period in the order is the period that begins on the
day when the prisoner is released and ends when the parole term
ends.
15 Division 4 -- Parole where term is at least 12 months
21. Interpretation
In this Division --
"prisoner" means a prisoner serving a parole term of at least
12 months.
20 22. Board may parole prisoner
(1) Prior to the day when, under section 93(1) of the Sentencing
Act 1995, a prisoner is eligible to be released on parole, the
Board must consider whether the prisoner should be released on
parole.
page 14
Sentence Administration Bill 1998
Parole Part 3
Parole where term is at least 12 months Division 4
s. 23
(2) If the Board, having regard to --
(a) the parole considerations relating to a prisoner;
(b) any report made by the CEO under section 17; and
(c) any other information about the prisoner brought to its
5 attention,
decides that it is appropriate to release the prisoner on parole, it
must make a parole order in respect of the prisoner.
(3) The release date in the order is that set by the Board; but it must
not be earlier than the day when, under section 93(1) of the
10 Sentencing Act 1995, the prisoner is eligible to be released on
parole.
(4) The parole period in the order is the period that begins on the
day when the prisoner is released and ends when the parole term
ends.
15 (5) If the period beginning on the date when, under section 93(1) of
the Sentencing Act 1995, the prisoner is eligible to be released
on parole and ending on the date when the parole term ends --
(a) is less than 6 months, then the parole order must be a
parole order (unsupervised);
20 (b) is at least 6 months, then the parole order must be a
parole order (supervised).
(6) If the Board decides it is not appropriate to release a prisoner on
parole, it is not precluded from subsequently reconsidering
whether the prisoner should be released on parole.
25 23. Prisoner to be notified of postponement or refusal of parole
(1) If under section 22 the Board does not make a parole order in
which the release date is the day when, under section 93(1) of
the Sentencing Act 1995, the prisoner is eligible to be released
page 15
Sentence Administration Bill 1998
Part 3 Parole
Division 5 Parole in case of life term or indefinite imprisonment
s. 24
on parole, written notice of the decision must be given to the
prisoner as soon as practicable.
(2) The written notice must --
(a) subject to section 98, include the reasons for the
5 decision; and
(b) inform the prisoner of his or her right to make
submissions under subsection (3).
(3) The prisoner may make written submissions to the Board about
the Board's decision and reasons (if any are supplied).
10 Division 5 -- Parole in case of life term or indefinite
imprisonment
24. Life imprisonment, Governor may parole prisoner
(1) The Governor may make a parole order in respect of a prisoner
serving life imprisonment but only if --
15 (a) the prisoner has served the minimum period set by the
court under section 90 of the Sentencing Act 1995; and
(b) a report about the prisoner has been given by the Board
to the Minister under section 12 or 18.
(2) The release date in the order is that set by the Governor.
20 (3) 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.
(4) The parole order must be a parole order (supervised).
25. Strict security life imprisonment, Governor may parole
prisoner
25 (1) Unless a court has made an order under section 91(3) of the
Sentencing Act 1995, the Governor may make a parole order in
page 16
Sentence Administration Bill 1998
Parole Part 3
Parole in case of life term or indefinite imprisonment Division 5
s. 26
respect of a prisoner serving strict security life imprisonment
but only if --
(a) the prisoner has served the minimum period set by the
court under section 91(1) of that Act; and
5 (b) a report about the prisoner has been given by the Board
to the Minister under section 12 or 18.
(2) The release date in the order is that set by the Governor.
(3) 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.
10 (4) The parole order must be a parole order (supervised).
(5) The Minister must cause a copy of every parole order made
under subsection (1) and a written explanation of the
circumstances giving rise to it to be tabled in each House of
Parliament within 15 sitting days of that House after it is made.
15 26. Indefinite imprisonment, Governor may parole prisoner
(1) The Governor may make a parole order in respect of a prisoner
sentenced to be imprisoned indefinitely but only if a report
about the prisoner has been given by the Board to the Minister
under section 12 or 18.
20 (2) The release date in the parole order is that set by the Governor.
(3) The parole period in the parole order is to be set by the
Governor and must be at least 6 months and not more than
5 years.
(4) The parole order must be a parole order (supervised).
page 17
Sentence Administration Bill 1998
Part 3 Parole
Division 6 Parole orders (unsupervised)
s. 27
Division 6 -- Parole orders (unsupervised)
27. Parole order (unsupervised), nature of
A parole order (unsupervised) is an order that on a release date
specified in the order a prisoner is to be released on parole for a
5 parole period specified in the order if he or she acknowledges in
writing that he or she understands the effect of section 45 and
the general effect of Divisions 12 and 13 should the parole order
be cancelled.
Division 7 -- Parole orders (supervised)
10 28. Parole order (supervised), nature of
(1) A parole order (supervised) is an order that on a release date
specified in the order a prisoner is to be released on parole for a
parole period specified in the order if he or she --
(a) acknowledges in writing that he or she understands the
15 effect of section 45 and the general effect of Divisions
12 and 13 should the order be cancelled; and
(b) gives a written undertaking that during the supervised
period specified in the order he or she will comply
with --
20 (i) the standard obligations in section 29; and
(ii) any of the additional requirements in section 30
that are specified in the parole order.
(2) The supervised period for a parole order (supervised) made in
respect of a parole term is to be determined from the Table to
25 this subsection according to the length of the parole term and
the parole period specified in the order.
page 18
Sentence Administration Bill 1998
Parole Part 3
Parole orders (supervised) Division 7
s. 29
Table
Parole term Parole period Supervised period =
Ã% months parole period
à ' months
> 6 months 6 months
> 18 months and à parole term parole period
Ã&! months
> parole term parole term
Ã!# months parole period
> 72 months
> 24 months 24 months
Note: ÃvtvsvrÃyrÃuhÃÃrhyÃ
> signifies greater than
(3) The supervised period for a parole order (supervised) that is not
5 made in respect of a parole term is the whole of the parole
period.
(4) For the purposes of this section, to calculate the length in days
of one third of a parole term --
(a) determine the dates on which the term as imposed by the
10 court will begin and end and then express the term as a
number of days ("T"); and
(b) then divide T by 3 and disregard any remainder.
29. Parole order (supervised), standard obligations
The standard obligations of a parole order (supervised) are that
15 the prisoner --
(a) must report to a community corrections centre within
72 hours after being released, or as otherwise directed
by a CCO;
(b) must notify a CCO of any change of address or place of
20 employment within 2 clear working days after the
change; and
(c) must comply with section 60.
page 19
Sentence Administration Bill 1998
Part 3 Parole
Division 7 Parole orders (supervised)
s. 30
30. Parole order (supervised), additional requirements
A parole order (supervised) may contain such of these
additional requirements as the Board or the Governor (as the
case may be) thinks fit:
5 (a) a requirement as to where the prisoner must reside;
(b) requirements to protect any victim of an offence
committed by the prisoner from coming into contact
with the prisoner;
(c) a requirement that the prisoner wear any device for
10 monitoring purposes;
(d) a requirement that the prisoner permit the installation of
any device or equipment at the place where the prisoner
resides for monitoring purposes;
(e) a requirement that, if the CEO so directs, the prisoner --
15 (i) wear any device for monitoring purposes;
(ii) permit the installation of any device or
equipment at the place where the prisoner resides
for monitoring purposes;
(f) a requirement that the prisoner must not leave Western
20 Australia except with and in accordance with the written
permission of the CEO;
(g) requirements to facilitate the prisoner's rehabilitation;
(h) a requirement that the prisoner must, in each period of
7 days, do the prescribed number of hours of community
25 corrections activities;
(i) a requirement that the prisoner must --
(i) seek or engage in gainful employment or in
vocational training; or
(ii) engage in gratuitous work for an organization
30 approved by the CEO;
page 20
Sentence Administration Bill 1998
Parole Part 3
Parole orders, general provisions Division 8
s. 31
(j) prescribed requirements.
31. CEO to ensure parolee is supervised
(1) The CEO must ensure that during the supervised period of a
parole order (supervised) a CCO is assigned to supervise the
5 prisoner.
(2) However, if at any time the CEO is satisfied that --
(a) the prisoner is complying with his or her undertaking in
a satisfactory manner; and
(b) the risk of the prisoner re-offending if not subject to
10 supervision by a CCO is minimal,
the CEO may recommend to the Board that the prisoner no
longer be supervised by a CCO.
(3) If the CEO makes such a recommendation, the Board may direct
the CEO that the prisoner need no longer be supervised during
15 the supervised period and the CEO may cease the supervision of
the prisoner.
(4) If the CEO ceases the supervision of a prisoner, the CEO is to
inform the prisoner.
(5) The fact that a prisoner ceases to be under supervision does not
20 affect the prisoner's duty to obey the requirements of his or her
undertaking during the supervision period.
(6) The Board at any time may cancel a direction given to the CEO
under subsection (3).
Division 8 -- Parole orders, general provisions
25 32. Parole order may relate to more than one parole term
A parole order may relate to more than one parole term.
page 21
Sentence Administration Bill 1998
Part 3 Parole
Division 8 Parole orders, general provisions
s. 33
33. Prisoner may refuse to be released on parole
(1) A parole order is not to be made in respect of a prisoner if the
prisoner has given written notice that he or she does not want to
be released on parole.
5 (2) The prisoner may subsequently give written notice that he or
she does want to be released on parole.
(3) The written notice must be given to the Board which, if the
parole order is to be made by the Governor, must forward it to
the Minister.
10 34. Prisoner's acknowledgment or undertaking
A prisoner must give the written acknowledgment or
undertaking required by a parole order, or both, on or before the
release date specified in it and if he or she does not, the parole
order is to be taken as having been cancelled.
15 35. Making parole order after refusal by prisoner
(1) If --
(a) a parole order was not made in respect of a prisoner
because the prisoner gave notice under section 33(1); or
(b) a parole order was cancelled by the operation of
20 section 34,
and the prisoner subsequently gives the Board written notice
that he or she wants to be released on parole and is prepared to
give the written acknowledgment or undertaking or both, the
Board or the Governor (as the case may be) may then make a
25 parole order.
(2) The release date in a parole order made under subsection (1) is
that set by the Board or the Governor (as the case may be).
page 22
Sentence Administration Bill 1998
Parole Part 3
Parole, general provisions Division 9
s. 36
(3) If the parole order is to be made in respect of a parole term,
then section 22(4) and (5) apply.
Division 9 -- Parole, general provisions
36. Parole period counts as time served
5 (1) If during the parole period of a parole order (unsupervised) the
prisoner does not commit an offence (in this State or elsewhere)
for which he or she is sentenced to imprisonment (whether the
sentence is imposed during or after that period), then the parole
period of the parole order is to be taken as time served in respect
10 of the term or terms to which the parole order relates.
(2) If during the parole period of a parole order (supervised) --
(a) the prisoner does not commit an offence (in this State or
elsewhere) for which he or she is sentenced to
imprisonment (whether the sentence is imposed during
15 or after that period); and
(b) the parole order is not cancelled,
then the parole period of the parole order is to be taken as time
served in respect of the term or terms to which the parole order
relates.
20 37. Prisoner under sentence until sentence discharged
(1) A person sentenced to imprisonment who is released under a
parole order is discharged from the sentence at the end of the
parole period.
(2) Subsection (1) is subject to sections 36 and 45 and Division 12.
page 23
Sentence Administration Bill 1998
Part 3 Parole
Division 10 Amendment of parole orders (supervised)
s. 38
Division 10 -- Amendment of parole orders (supervised)
38. Amending before release
A parole order (supervised) may be amended after it is made
and before the prisoner concerned is released under it --
5 (a) by the Board, if it was made by the Board; or
(b) by the Governor or the Board, if it was made by the
Governor.
39. Board may amend parole order during supervised period
(1) The Board may, at any time during the supervised period of a
10 parole order (supervised), amend the order.
(2) If the Board amends a parole order (supervised), the amended
order applies accordingly.
(3) Written notice of the decision to amend the order is to be given
by the Board to the prisoner as soon as practicable.
15 Division 11 -- Cancellation of parole orders
40. Cancellation before release
A parole order (supervised) may be cancelled after it is made
and before the prisoner concerned is released under it --
(a) by the Board, if it was made by the Board; or
20 (b) by the Governor or the Board, if it was made by the
Governor.
41. Cancellation by CEO during supervised period
(1) The CEO, at any time during the supervised period of a parole
order (supervised) that has been made by the Board, may cancel
25 the order.
page 24
Sentence Administration Bill 1998
Parole Part 3
Cancellation of parole orders Division 11
s. 42
(2) Written notice of the decision to cancel is to be given by the
CEO to the Board within 3 working days after the decision and
in any event before the end of the supervised period.
(3) The written notice must include reasons for the decision.
5 42. Cancellation by Board
(1) The Board, at any time during the supervised period of a parole
order (supervised), may cancel the order.
(2) The Board, at any time during the parole period of a parole
order, may cancel the order if the offender is charged with an
10 offence alleged to have been committed during the parole
period.
(3) The power to cancel may be exercised by the Board irrespective
of whether the parole order was made by the Board or by the
Governor.
15 43. Cancellation by CEO or Board, prisoner to be notified
(1) If under section 40, 41 or 42 a parole order (supervised) is
cancelled, written notice of the decision to cancel is to be given
by the Board to the prisoner as soon as practicable.
(2) The written notice must --
20 (a) subject to section 98, include the reasons for the
decision; and
(b) inform the prisoner of his or her right to make
submissions under subsection (3).
(3) A prisoner whose parole order has been cancelled may make
25 written submissions to the Board about the decision and reasons
(if any are supplied).
page 25
Sentence Administration Bill 1998
Part 3 Parole
Division 11 Cancellation of parole orders
s. 44
44. Cancellation by CEO or Board, effect on other parole
orders
If under section 40, 41 or 42 a parole order (supervised) is
cancelled, any parole order applicable to the prisoner when the
5 order was cancelled, including a parole order (unsupervised), is
cancelled by virtue of this section, irrespective of whether it had
taken effect or not.
45. Cancellation automatic if prisoner imprisoned for offence
committed on parole
10 (1) If a prisoner, while subject to a parole order, commits an
offence (in this State or elsewhere) and is sentenced to
imprisonment (other than suspended imprisonment) for that
offence --
(a) any parole order applicable to the prisoner when the
15 offence was committed is cancelled by virtue of this
section; and
(b) any parole order made in respect of the prisoner on or
after the date on which the offence was committed and
before the sentence of imprisonment was imposed is
20 cancelled by virtue of this section, irrespective of
whether it had taken effect or not.
(2) For the purposes of subsection (1) it does not matter if the
sentence of imprisonment for the offence committed while
subject to the parole order is imposed on the prisoner --
25 (a) after the parole period; or
(b) after the date when, but for the cancellation of the order
by virtue of subsection (1), the prisoner would have
served or be taken to have served the term to which the
order relates.
page 26
Sentence Administration Bill 1998
Parole Part 3
Consequences of cancellation Division 12
s. 46
Division 12 -- Consequences of cancellation
46. Prisoner to resume serving sentence in custody
(1) If a parole order in respect of a prisoner serving a fixed term is
cancelled after the prisoner is released under the order, the
5 prisoner is then liable to resume serving the fixed term in
custody and is not entitled to be released until he or she has
served the whole of that term.
(2) If a parole order in respect of a prisoner serving a life term is
cancelled after the prisoner is released under the order, the
10 prisoner is then liable to resume serving the life term in custody.
(3) If a parole order in respect of a prisoner serving indefinite
imprisonment is cancelled after the prisoner is released under
the order, the prisoner is then liable to resume serving the
indefinite imprisonment in custody.
15 (4) If a parole order in respect of a person referred to in section
14(1) is cancelled after the person is released under the order,
the person is liable to be again kept in strict or safe custody at
the Governor's pleasure.
(5) Subject to Division 13, this section does not prevent another
20 parole order being made in respect of a prisoner.
47. Returning prisoner to custody
(1) When a parole order is cancelled, the warrant of commitment
that relates to the sentence of imprisonment to which the parole
order relates is again in force and the prisoner may be arrested
25 and kept in custody under that warrant.
(2) Despite subsection (1), if a parole order is cancelled as mentioned
in subsection (1), a warrant to have the prisoner arrested and
returned to custody may be issued, whenever necessary --
(a) by a Supreme Court Judge or a District Court Judge;
page 27
Sentence Administration Bill 1998
Part 3 Parole
Division 12 Consequences of cancellation
s. 48
(b) by the Board if it cancelled the order; or
(c) by the CEO if the CEO cancelled the order.
(3) Notwithstanding section 36, a warrant under subsection (2) may
be issued, and the prisoner may be arrested, whether under that
5 warrant or under the warrant of commitment referred to in
subsection (1) at any time --
(a) during or after the parole period; or
(b) after the date when, but for the cancellation of the parole
order, the prisoner would have served or be taken to
10 have served the term or terms to which the order relates.
48. Clean street time counts as time served
(1) Subject to subsection (2), if a parole order in respect of a
prisoner serving a fixed term is cancelled after the prisoner is
released under the order --
15 (a) the period beginning on the day when the prisoner was
released under the order and ending on the day when the
order is cancelled counts as time served in respect of the
fixed term; and
(b) the period (if any) beginning on the day when the order
20 is cancelled and ending on the day when the prisoner
concerned is returned to custody does not count as time
served in respect of the fixed term.
(2) For the purposes of subsection (1), the day when a parole order
is cancelled is --
25 (a) if it is cancelled by a decision of the Board or the CEO
(as the case may be) -- the day of the decision; or
(b) if it is cancelled by virtue of section 45 --
(i) the day when the offence that resulted in the
cancellation was committed; or
page 28
Sentence Administration Bill 1998
Parole Part 3
Re-release after parole cancelled Division 13
s. 49
(ii) if the CEO cannot ascertain the day when that
offence was committed -- the latest day on
which that offence could have been committed,
as determined by the CEO.
5 Division 13 -- Re-release after parole cancelled
49. Re-release by Board after parole cancelled
(1) If --
(a) a parole order made by the Board is cancelled by virtue
of section 45; and
10 (b) the offence referred to in that section for which the
prisoner was sentenced to imprisonment was an
indictable offence (whether or not it was tried on
indictment),
the Board must not make another parole order in respect of the
15 prisoner in relation to the parole term to which the cancelled
parole order related.
(2) If --
(a) a parole order (supervised) made by the Board is
cancelled under section 40, 41 or 42; or
20 (b) a parole order made by the Board is cancelled by virtue
of section 45 in circumstances where subsection (1) does
not apply,
then the Board may subsequently make another parole order in
respect of the prisoner.
25 (3) The subsequent parole order may be a parole order (supervised)
or a parole order (unsupervised) as the Board decides.
page 29
Sentence Administration Bill 1998
Part 3 Parole
Division 13 Re-release after parole cancelled
s. 50
(4) The parole period in the subsequent parole order is the period
that begins on the day when the prisoner is released and ends
when the parole term ends.
(5) If the subsequent parole order is a parole order (supervised) the
5 supervised period is to be such period as the Board decides; but
it must not --
(a) end after the parole term ends; or
(b) be longer than 24 months.
50. Governor may re-release after parole cancelled
10 (1) If a parole order (supervised) made by the Governor is cancelled
under section 40, 41 or 42 or by virtue of section 45, the
Governor may subsequently make another parole order in
respect of the prisoner.
(2) If a parole order (unsupervised) made by the Governor is
15 cancelled by virtue of section 45 the Governor may
subsequently make another parole order in respect of the
prisoner.
(3) The subsequent parole order may be a parole order (supervised)
or a parole order (unsupervised) as the Governor decides.
20 (4) The parole period in the subsequent parole order is to be set by
the Governor and must be at least 6 months, not more than
5 years, and not longer than the parole period of the cancelled
parole order.
(5) If the subsequent parole order is a parole order (supervised) the
25 supervised period is to be such period as the Governor decides.
page 30
Sentence Administration Bill 1998
Parole Part 3
Miscellaneous Division 14
s. 51
51. Parole period under new parole order deemed to be time
served
If --
(a) under section 49 or 50 a parole order is made in respect
5 of a prisoner;
(b) in the case of a parole order (supervised), the CEO or
the Board does not cancel the parole order under
Division 11; and
(c) the prisoner does not commit an offence (in this State or
10 elsewhere) during the parole period for which he or she
is sentenced to imprisonment (whether the sentence is
imposed during or after the parole period),
then the prisoner is taken to have served the term, or the
aggregate of terms, to which the parole order relates.
15 Division 14 -- Miscellaneous
52. Parole ordered by Governor, Minister to be advised of
amendment or cancellation
(1) If in respect of a prisoner subject to a parole order (supervised)
made by the Governor --
20 (a) under section 31 the Board --
(i) directs the CEO that the prisoner need no longer
be supervised during the supervised period; or
(ii) cancels such a direction;
(b) under section 38 or 39 the order is amended; or
page 31
Sentence Administration Bill 1998
Part 3 Parole
Division 14 Miscellaneous
s. 53
(c) under section 40, 41 or 42 the order is cancelled,
the Board must give the Minister as soon as practicable --
(d) written notice of and reasons for the decision and a
summary of any submissions made by the prisoner
5 under section 43; and
(e) if the parole order has been cancelled, a report
containing a recommendation as to whether or not the
Governor should be advised to again exercise the power
to release the prisoner on parole.
10 (2) The Governor may cancel a decision referred to in
subsection (1).
53. Resolution of doubtful cases
(1) If a doubt or difficulty arises to which this section applies and
neither this Act nor the Sentencing Act 1995 nor the Sentencing
15 Legislation Amendment and Repeal Act 1998 makes adequate
provision for it, the CEO may apply in a summary way to a
Judge of the Supreme Court for an order resolving the doubt or
difficulty.
(2) On such an application the Judge may make any order he or she
20 considers just and for that purpose may make a declaration as
to --
(a) the length of any term, any part of a term, or any parole
period;
(b) any date relevant to a sentence of imprisonment or to the
25 parole or release of a prisoner; or
(c) the manner in which the Board is to determine such
matters.
page 32
Sentence Administration Bill 1998
Parole Part 3
Miscellaneous Division 14
s. 53
(3) This section applies to doubts or difficulties as to --
(a) the effect of any sentence of imprisonment, including
the date it commences, how it is served in relation to
other such sentences, when it ends, and when it has been
5 or has been deemed to have been served;
(b) any matter relating to parole, including the date when a
prisoner is eligible to be released on parole, the parole
period applicable in any case, the supervision period
applicable in any case and the effect of the cancellation
10 of parole; or
(c) the term to be served by a prisoner who escapes from
lawful custody,
irrespective of when the sentence was imposed.
page 33
Sentence Administration Bill 1998
Part 4 Release programme orders
Division 1 General
s. 54
Part 4 -- Release programme orders
Division 1 -- General
54. RPO, nature of
(1) A release programme order ("RPO") is an order that an
5 offender, after he or she is released --
(a) must comply with the programme requirement in section
57; and
(b) while the programme requirement is in force must
comply with the standard obligations in section 56,
10 unless the offender, when released, is subject to a parole order
(supervised) made in respect of a parole term or terms.
(2) An RPO ceases to be in force 6 months after the offender is
released in respect of the term or terms.
55. Certain prisoners to be made subject to RPO
15 (1) If under section 89A of the Sentencing Act 1995 a court has
made a programme assessment order in respect of an offender,
the CEO must make an RPO in respect of the prisoner unless
the CEO considers that such an order is not warranted for the
offender.
20 (2) If --
(a) an offender is serving a fixed term, or an aggregate of
fixed terms, of at least 24 months; and
(b) none of the terms is a parole term,
the CEO must make an RPO in respect of the offender unless
25 the CEO considers that such an order is not warranted for the
offender.
page 34
Sentence Administration Bill 1998
Release programme orders Part 4
General Division 1
s. 56
(3) An RPO made by the CEO must be served personally on the
offender before he or she is released.
56. RPO, standard obligations
The standard obligations of an RPO are that the offender --
5 (a) must report to a community corrections centre within
72 hours after being released, or as otherwise directed
by a CCO;
(b) must notify a CCO of any change of address or place of
employment within 2 clear working days after the
10 change;
(c) must not leave Western Australia except with, and in
accordance with, the permission of the CEO; and
(d) must comply with section 60.
57. RPO, programme requirement
15 (1) The purpose of the programme requirement is --
(a) to allow for any personal factors which contributed to
the offender's criminal behaviour to be assessed;
(b) to provide an opportunity for the offender to recognize,
to take steps to control and, if necessary, to receive
20 appropriate treatment for those factors; and
(c) to facilitate the offender's re-integration to the
community.
(2) The programme requirement is a requirement that the offender
must obey the orders of a CCO as to --
25 (a) undergoing assessment by a medical practitioner, a
psychiatrist, a psychologist or a social worker, or more
than one of them and, if necessary, appropriate
treatment;
page 35
Sentence Administration Bill 1998
Part 4 Release programme orders
Division 2 Enforcement
s. 58
(b) undergoing assessment and, if necessary, appropriate
treatment in relation to the abuse of alcohol, drugs or
other substances;
(c) attending educational, vocational, or personal
5 development programmes or courses;
(d) residing at a specified place for the purposes of any of
the matters in paragraphs (a), (b) or (c);
(e) more than one of the above.
(3) A CCO must not order an offender to undergo treatment of any
10 sort unless a person qualified to recommend or administer the
treatment has recommended that the offender undergo such
treatment.
(4) A person is not to administer treatment of any sort mentioned in
subsection (2) to an offender without the informed consent of
15 the offender.
(5) The requirements of the programme requirement are additional
to the requirements of any other programme requirement
imposed as part of a community order.
(6) The programme requirement ceases to be in force when a CCO
20 gives the offender notice to that effect, or the RPO ceases to be
in force, whichever happens first.
(7) A CCO must not give notice unless satisfied that the offender
has complied with the programme requirement.
Division 2 -- Enforcement
25 58. Breach of RPO, offence
(1) A person who breaches an RPO without reasonable excuse,
proof of which is on the person, commits an offence.
Penalty: $3 000.
page 36
Sentence Administration Bill 1998
Release programme orders Part 4
Enforcement Division 2
s. 58
(2) A complaint alleging an offence under subsection (1) may be
made only by the CEO.
(3) The complaint may be made at any time up until one year after
the RPO ceases to be in force.
5 (4) In this section --
"breach", in relation to an RPO, means to contravene any
requirement or obligation of the order.
page 37
Sentence Administration Bill 1998
Part 5 Provisions applicable to offenders on community corrections
orders
s. 59
Part 5 -- Provisions applicable to offenders on
community corrections orders
59. Interpretation
In this Part --
5 "centre" means a community corrections centre;
"community corrections order" means a community order, a
parole order, an RPO or a WDO;
"offender" means an offender who is subject to a community
corrections order.
10 60. Offender's obligations
(1) An offender must comply with the lawful orders or directions of
any CCO.
(2) An offender who under a community corrections order is
required --
15 (a) to do community work --
(i) must do such community work as the supervisor
of a centre determines and directs; and
(ii) must do that work to the satisfaction of the
person supervising the work;
20 (b) to do community corrections activities --
(i) must do such community corrections activities as
the supervisor of a centre determines and directs;
and
(ii) must do those activities to the satisfaction of the
25 person supervising them.
page 38
Sentence Administration Bill 1998
Provisions applicable to offenders on community corrections Part 5
orders
s. 60
(3) An offender who under a community corrections order who is at
a centre, or who is doing community work or community
corrections activities, or who is performing any requirement of a
programme requirement under a community order or an RPO --
5 (a) must not be in possession of, use, or be under the
influence of alcohol, a drug (other than a drug
prescribed for him or her), glue, petrol or any other
substance capable of adversely affecting a person;
(b) must, if so directed by the supervisor of a centre, submit
10 to testing for any substance referred to in paragraph (a);
(c) must not disturb or interfere with another offender doing
anything under a community corrections order;
(d) must not commit any act or omission of insubordination
or misconduct that is subversive of the good order or
15 management of a centre or of the conduct of anything
required to be done under a community corrections
order;
(e) must not assault, threaten, insult or use abusive language
to a member of the departmental staff;
20 (f) must comply with any prescribed obligations; and
(g) must comply with any written instructions issued by the
CEO under section 70.
(4) A CCO is to ensure, so far as is practicable, that orders given to
an offender do not --
25 (a) conflict with the offender's religious or cultural beliefs;
or
(b) result in interference with the times, if any, when the
offender normally works or attends an educational or
vocational training establishment.
page 39
Sentence Administration Bill 1998
Part 5 Provisions applicable to offenders on community corrections
orders
s. 61
61. Consequences of contravening the obligations
If an offender contravenes any requirement of section 60, the
supervisor of a centre may reprimand the offender or --
(a) if the offender is subject to a community order, report
5 the matter to the CEO and recommend that the offender
be charged with an offence under section 131 of the
Sentencing Act 1995;
(b) if the offender is subject to a parole order --
(i) report the matter to the CEO; or
10 (ii) report the matter to the Board,
and recommend that the order be cancelled under Part 3;
(c) if the offender is subject to an RPO, report the matter to
the CEO and recommend that the offender be charged
with an offence under section 58; or
15 (d) if the offender is subject to a WDO, report the matter to
the CEO and recommend that the order be cancelled
under section 52 of the Fines, Penalties and
Infringement Notices Enforcement Act 1994.
62. CEO may suspend requirements in case of illness etc.
20 (1) If the CEO is satisfied that an offender is ill or that there are
other exceptional circumstances, the CEO --
(a) if the offender is subject to a community order -- may
permit the offender not to comply with all or any of the
requirements of any primary requirement of the order
25 for such period or periods as the CEO thinks fit; but they
must not total more than 12 weeks;
page 40
Sentence Administration Bill 1998
Provisions applicable to offenders on community corrections Part 5
orders
s. 62
(b) if the offender is subject to a community service
requirement in a community order -- may, in relation to
the minimum hours requirement, permit the offender to
do less than 12 hours community work in a 7 day
5 period; the actual number of hours to be decided by the
CEO but it must be at least 6 hours;
(c) if the offender is subject to a parole order -- permit the
offender not to comply with the minimum hours
requirement for such period or periods as the CEO
10 thinks fit;
(d) if the offender is subject to an RPO -- may permit the
offender not to comply with all or any of the
requirements of the programme requirement of the order
for such period or periods as the CEO thinks fit; but they
15 must not total more than 12 weeks;
(e) if the offender is subject to a WDO -- permit the
offender not to comply with the minimum hours
requirement for such period or periods as the CEO
thinks fit; but they must not total more than 12 weeks.
20 (2) A decision made under subsection (1) does not affect the term
of a community order, the supervision period of a parole order,
or the period for which an RPO is in force.
(3) An offender's duty under a community service requirement in a
community order to do unpaid community work for a number of
25 hours set by the court is not affected by a decision made under
subsection (1).
(4) An offender's duty under section 50(1)(a) of the Fines,
Penalties and Infringement Notices Enforcement Act 1994 to do
community corrections activities for the required hours is not
30 affected by a decision made under subsection (1).
page 41
Sentence Administration Bill 1998
Part 5 Provisions applicable to offenders on community corrections
orders
s. 63
(5) In subsection (1) --
"minimum hours requirement" --
(a) in relation to a community service requirement in a
community order -- means the requirement that the
5 offender do at least 12 hours unpaid community work
in any 7 day period;
(b) in relation to a parole order -- means any
requirement in the order to do the prescribed number
of hours of community corrections activities in each
10 period of 7 days;
(c) in relation to a WDO -- means the requirement in
section 50(1)(b) of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 to do the
prescribed number of the required hours of
15 community corrections activities in each period of
7 days.
63. Community service requirement, offender may be directed
to do activities
(1) This section applies in the case of an offender who is subject to
20 a community service requirement in a community order but not
subject to a programme requirement in the order.
(2) The CEO may direct the offender to do community corrections
activities for as many hours as the CEO directs; but the hours
must not amount to more than a quarter of the hours of
25 community work set by the court.
(3) Hours of community corrections activities done in compliance
with such a direction count as hours of community work done
under the community service requirement.
page 42
Sentence Administration Bill 1998
Provisions applicable to offenders on community corrections Part 5
orders
s. 64
64. Programme requirement
(1) This section applies in the case of an offender who is subject to
a programme requirement in a community order.
(2) If a CCO is satisfied that in respect of the offender there are
5 personal factors which contributed to the offender's criminal
behaviour that were not identified at the time the programme
requirement was imposed, the CCO may give the offender such
other directions as could be given under a programme
requirement and as the CCO thinks fit, in addition to any
10 specified by the court.
65. Compensation for injury
(1) An offender, while doing community work or community
corrections activities under a community corrections order is to
be regarded for the purposes of the Workers' Compensation and
15 Rehabilitation Act 1981 as a worker employed by the Crown.
(2) For the purposes of the Workers' Compensation and
Rehabilitation Act 1981 an offender's weekly earnings shall be
taken to be the amount that the Minister considers reasonable in
the circumstances.
20 66. Regulations
Regulations made for the purposes of this Part may --
(a) prescribe obligations applicable to community
corrections orders generally or to specific types of
community corrections orders;
25 (b) make provision for the authorization of absences from
attendance at community work or community
corrections activities;
(c) regulate the consequences of injury and sickness with
respect to community corrections orders;
page 43
Sentence Administration Bill 1998
Part 5 Provisions applicable to offenders on community corrections
orders
s. 66
(d) authorize and regulate the taking of blood and urine
samples from an offender where there is reasonable
suspicion that the offender may have contravened
section 60(3)(a);
5 (e) prescribe forms.
page 44
Sentence Administration Bill 1998
Community corrections centres Part 6
Preliminary Division 1
s. 67
Part 6 -- Community corrections centres
Division 1 -- Preliminary
67. Interpretation
In this Part --
5 "centre" means a community corrections centre;
"community corrections order" means a community order, a
parole order, an RPO or a WDO;
"offender" means an offender who is subject to a community
corrections order.
10 68. Community corrections centres
(1) The Governor may by order declare any place to be a
community corrections centre.
(2) The Governor, by order, may amend or cancel an order made
under subsection (1).
15 69. Community corrections activities
(1) The CEO may approve activities as community corrections
activities.
(2) Activities that may be approved as community corrections
activities include, but are not restricted to, any of these:
20 (a) charitable, community or voluntary work;
(b) programmes for the treatment of people who abuse
alcohol, drugs or other substances or who are addicted to
gambling;
(c) counselling;
25 (d) social and life skills courses;
page 45
Sentence Administration Bill 1998
Part 6 Community corrections centres
Division 2 Management
s. 70
(e) educational, vocational and personal development
courses.
Division 2 -- Management
70. CEO may issue written instructions
5 (1) With the approval of the Minister, the CEO may issue written
instructions for the management, control and security of --
(a) centres generally or a specified centre; and
(b) offenders.
(2) The instructions are to complement regulations made under
10 section 77 and if there is an inconsistency between an
instruction and a regulation, the instruction, to the extent of the
inconsistency, is to be read and has effect subject to the
regulation.
(3) The instructions may confer a discretionary authority on any
15 person or class of person.
(4) Sections 41 and 42 of the Interpretation Act 1984 do not apply
to the instructions.
(5) The CEO must ensure that relevant instructions are published in
such a manner as to bring them to the attention of departmental
20 staff, offenders, and people visiting centres.
(6) The CEO must take reasonable steps to ensure that the
instructions are made known to every offender --
(a) who is illiterate;
(b) who does not understand English, in a language the
25 offender does understand.
page 46
Sentence Administration Bill 1998
Community corrections centres Part 6
Management Division 2
s. 71
71. Supervisors of centres
(1) The CCO in control of a centre is, while in control, the
supervisor of the centre.
(2) The supervisor is responsible to the CEO for the management,
5 security and good order of the centre.
(3) For the purposes of this Part, a supervisor may give reasonable
orders or directions to any person in a centre, including any
member of the departmental staff.
(4) A supervisor may not direct that a search of a person or a place
10 be made except as provided by section 74.
(5) A supervisor must advise an offender of his or her obligations
under the community corrections order, and this obligation is to
be taken as having been performed if a written statement of
those obligations is attached to the order given to the offender.
15 (6) A supervisor must report as soon as possible to the CEO on any
use of force by the supervisor or any other person to compel --
(a) an offender to obey an order or direction; or
(b) a person to obey an order to leave the centre.
72. Functions of CCOs at centres
20 (1) A CCO --
(a) subject to subsection (5), must comply with the
reasonable directions of the supervisor of the centre at
which the CCO is working;
(b) must maintain the good order of the centre at which the
25 CCO is working; and
(c) must report immediately to the supervisor anything
which might reasonably be thought to jeopardize the
management, security or good order of the centre.
page 47
Sentence Administration Bill 1998
Part 6 Community corrections centres
Division 2 Management
s. 73
(2) A CCO may give such reasonable orders or directions to
offenders and other persons as are necessary for the
management, security or good order of a centre.
(3) A CCO may use reasonable force to compel an offender to obey
5 an order or direction given to that offender if the CCO believes
on reasonable grounds that the use of force is necessary --
(a) to prevent the offender or another person being killed or
seriously injured; or
(b) to prevent serious damage to property.
10 (4) A CCO may, if necessary, use reasonable force to compel a
person to obey an order by a supervisor to leave a centre.
(5) For the purpose of subsection (1)(a), a direction given by a
supervisor is not reasonable if it is a direction --
(a) to use reasonable force to compel an offender to obey an
15 order or direction given to that offender;
(b) to use reasonable force to compel a person to obey an
order to leave a centre; or
(c) to search any person wishing to enter or remain in a
centre or anything in the person's possession or under
20 the person's control.
73. Access to centres
(1) The supervisor of a centre may impose such conditions as he or
she thinks fit on any person (including an offender) entering or
remaining in the centre.
25 (2) A person who is not an offender may be refused entry to a
centre by the supervisor of it.
page 48
Sentence Administration Bill 1998
Community corrections centres Part 6
Management Division 2
s. 74
(3) An offender may be refused entry to a centre by the supervisor
of it if the offender --
(a) contravenes a condition imposed under subsection (1);
or
5 (b) does anything which, in the supervisor's opinion,
threatens the management, security or good order of the
centre.
(4) A person (including an offender) who is in a centre may be
ordered by the supervisor to leave the centre immediately if the
10 person, while in the centre --
(a) contravenes this Act, the regulations or any written
instructions issued under section 70;
(b) contravenes a direction given by the supervisor;
(c) contravenes a condition imposed under subsection (1);
15 or
(d) does anything which, in the supervisor's opinion,
threatens the management, security or good order of the
centre.
(5) A person who disobeys an order to leave a centre given under
20 subsection (4) commits an offence.
Penalty: $1 000.
74. Searches
(1) If the supervisor of a centre believes that it is necessary for the
security or good order of a centre or the offenders in it, he or she
25 may at any time --
(a) cause a prescribed person to search the centre or any
part of it or anything in it; or
page 49
Sentence Administration Bill 1998
Part 6 Community corrections centres
Division 3 Miscellaneous
s. 75
(b) order a person wishing to enter or remain in a centre, or
anything in the person's possession or under the
person's control, to be searched by a prescribed person.
(2) If a person refuses to submit to such a search, the supervisor
5 may order the person to leave the centre immediately.
(3) A supervisor may at any time order a search to be stopped.
(4) A person who disobeys a supervisor's order under
subsection (2) commits an offence.
Penalty: $1 000.
10 75. Seizure
(1) In carrying out a search under section 74, a prescribed person
may seize anything found in a centre, whether in a person's
possession or not, that the supervisor of the centre believes on
reasonable grounds jeopardizes or is likely to jeopardize the
15 security or good order of the centre or the safety of persons in it.
(2) A drug prescribed for a person and in that person's possession
must not be seized under subsection (1).
(3) Anything seized by a prescribed person must be given to the
supervisor of the centre immediately.
20 (4) Anything seized must be dealt with by the supervisor under the
regulations.
Division 3 -- Miscellaneous
76. Department to report on centres
The annual report of the accountable officer of the department
25 prepared for the purposes of the Financial Administration and
Audit Act 1985 is to include a report on the operations of centres
and community corrections activities and other operations of the
department under this Part.
page 50
Sentence Administration Bill 1998
Community corrections centres Part 6
Miscellaneous Division 3
s. 77
77. Regulations
Regulations made for the purposes of this Part may --
(a) prescribe powers of persons conducting anything being
done under a community corrections order;
5 (b) provide for the transport of offenders required to do
anything under a community corrections order;
(c) regulate the procedure for searches and seizures carried
out under this Part;
(d) prescribe forms.
page 51
Sentence Administration Bill 1998
Part 7 Staff
Division 1 Chief executive officer
s. 78
Part 7 -- Staff
Division 1 -- Chief executive officer
78. Functions
(1) Subject to the control of the Minister, the CEO's functions
5 include --
(a) the proper administration of community orders, parole
orders, RPOs and WDOs; and
(b) the control and management of community corrections
centres.
10 (2) The CEO has the functions of a CCO.
(3) Where this Act, the Sentencing Act 1995, the Fines, Penalties
and Infringement Notices Enforcement Act 1994, or the Bail
Act 1982 empowers or requires the CEO to do any thing, any
exercise of that power must be done in writing and signed by
15 the CEO or, if the power is exercised by a delegate, by the
delegate.
(4) The CEO may review and confirm, amend or cancel a decision
made, or a direction or order given, by a member of the
departmental staff.
20 79. Delegation
(1) The CEO may, either generally or as provided by the instrument
of delegation, delegate to any person --
(a) any function of the CEO under this Act or the
Sentencing Act 1995;
25 (b) any function of the CEO under Part 4 of the Fines,
Penalties and Infringement Notices Enforcement
Act 1994,
other than this power of delegation.
page 52
Sentence Administration Bill 1998
Staff Part 7
Other staff Division 2
s. 80
(2) Unless the contrary is proved, it is to be presumed that a document
purporting to have been signed by a person as a delegate of the
CEO was signed by a person in the performance of a function that
at the time was delegated to the person by the CEO.
5 80. CEO may confer functions of CCO on person
The CEO may confer some or all of the functions of a CCO on a
member of the departmental staff who is neither a CCO nor an
honorary CCO.
81. CEO to notify Board of certain breaches
10 Subject to any directions issued by the Board to the CEO, if a
breach of a parole order comes to the knowledge of the CEO he
or she must forthwith report the matter to the Board and must
provide such other information about the breach as the Board
requires.
15 Division 2 -- Other staff
82. Appointment
(1) The staff, including CCOs, needed for the purposes of this Act,
the Sentencing Act 1995 and Part VIA of the Bail Act 1982 --
(a) may be appointed or engaged under the Public Sector
20 Management Act 1994; or
(b) may be appointed on an honorary basis.
(2) A person who is a member of the Police Force is not to be
appointed to be an honorary CCO.
(3) A member of the Police Force who holds a designated position
25 (as defined in the Witness Protection (Western Australia)
Act 1996) may be appointed to be an honorary CCO for the
purposes of supervising an offender who is a participant in the
State Witness Protection Program established under that Act.
page 53
Sentence Administration Bill 1998
Part 7 Staff
Division 3 Miscellaneous
s. 83
(4) The regulations may prescribe classes of staff and their
functions.
83. Volunteers
(1) The CEO may authorize a person to work as an unpaid
5 volunteer.
(2) A volunteer is under the control of the CEO.
(3) The CEO may at any time cancel the authorization of a
volunteer.
Division 3 -- Miscellaneous
10 84. Compensation for injury
If under Division 2 a person is appointed on an honorary basis
or authorized to work as a volunteer --
(a) the person is, while performing the functions of the
position, to be regarded for the purposes of the Workers'
15 Compensation and Rehabilitation Act 1981 as a worker
employed by the Crown; and
(b) for the purposes of that Act, the person's weekly
earnings are to be taken to be the amount that the
Minister considers is reasonable in the circumstances.
20 85. Assistance by police officers
(1) Subject to the directions of the Commissioner of Police, a
member of the Police Force may, if so requested by the CEO or
a CCO, assist in the exercise or performance of any function
conferred or imposed by this Act.
25 (2) A member of the Police Force acting under subsection (1) has
the same functions and protection from liability as a CCO
would have in the same situation.
page 54
Sentence Administration Bill 1998
Staff Part 7
Miscellaneous Division 3
s. 85
(3) The functions and protection conferred by subsection (2) are in
addition to those conferred or imposed on a member of the
Police Force by any other written law.
page 55
Sentence Administration Bill 1998
Part 8 Parole Board
s. 86
Part 8 -- Parole Board
86. Parole Board established
A board called the Parole Board is established.
87. Membership
5 (1) There are to be 7 members on the Board --
(a) a judicial member nominated by the Attorney General
and appointed by the Governor;
(b) 3 persons appointed by the Governor;
(c) the CEO;
10 (d) a departmental officer nominated by the CEO; and
(e) a police officer nominated by the Commissioner of
Police.
(2) A person must not be nominated as the judicial member unless
he or she --
15 (a) is a judge of the Supreme Court or the District Court and
the Chief Justice or the Chief Judge of the District Court
(as the case may be) consents to the nomination; or
(b) is a retired judge of one of those courts.
88. Secretary
20 Under Part 3 of the Public Sector Management Act 1994 a
person is to be appointed to be the secretary of the Board.
89. Schedule 1 applies
Schedule 1 has effect in relation to the Board.
90. Functions
25 (1) The functions of the Board are set out in this Act.
page 56
Sentence Administration Bill 1998
Parole Board Part 8
s. 91
(2) The Board may do all things necessary or convenient to be done
for or in connection with, or as incidental to, the performance of
its functions.
91. Board to have powers of Royal Commission
5 (1) For the purpose of carrying out its functions, the Board and its
chairperson and members have and may exercise the powers
that a Royal Commission and its chairman and commissioners
have under the Royal Commissions Act 1968.
(2) The Royal Commissions Act 1968, with any necessary changes,
10 has effect in relation to the Board, its chairperson and members.
92. Orders by the Board
(1) An order giving effect to a decision made by the Board is to be
signed by 2 members of the Board.
(2) A notice of a decision made by the Board may be signed by its
15 secretary.
(3) Despite subsection (1), the secretary or a member of the Board,
on behalf of and in the name of the Board, may make a parole
order in accordance with guidelines issued by the Board except
in respect of a parole term of a prescribed class.
20 (4) The Board may issue guidelines to be observed by its members
and secretary when making parole orders under subsection (3).
93. Board may require prisoner to appear before it
(1) At any time while a prisoner is subject to a parole order, the
Board, by order, may require him or her to appear before the
25 Board.
(2) For the purposes of subsection (1), the Board may issue a warrant
to have the prisoner arrested and brought before the Board.
page 57
Sentence Administration Bill 1998
Part 8 Parole Board
s. 94
(3) The powers in this section may be exercised whether or not the
Board has amended, cancelled or otherwise made a decision in
relation to the order concerned.
94. Issue of warrants by Board
5 (1) If this Act empowers the Board to issue a warrant to have a
person arrested, it is not necessary for the Board to meet before
the warrant is issued.
(2) A warrant issued by the Board to have a person arrested must be
signed by --
10 (a) 2 members of the Board; or
(b) the judicial member of the Board if he or she is a judge
of the Supreme Court or the District Court.
95. Judicial notice of appointment and signature
(1) Judicial notice must be taken of --
15 (a) the fact that a person is or was a member or the secretary
of the Board; and
(b) the official signature of such a person.
(2) Evidence of a parole order or a decision made by the Board may
be given by producing a copy of the order or decision certified
20 by the secretary of the Board as a true copy.
96. Annual report to Minister
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
25 previous financial year;
(b) the number of prisoners released on parole during the
previous financial year; and
page 58
Sentence Administration Bill 1998
Parole Board Part 8
s. 97
(c) the operation of this Act and relevant parts of the
Sentencing Act 1995 so far as they relate to parole orders
and to the activities of CCOs in relation to parole orders
during the previous financial year.
5 97. Special reports to Minister
(1) The Minister, in writing, may request the Board to report about
any specified special matter relating to --
(a) the operation of this Act or the Sentencing Act 1995 so
far as it is relevant to the Board; or
10 (b) the performance of any function of the Board.
(2) If so requested, the Board must provide a written report as soon
as practicable.
page 59
Sentence Administration Bill 1998
Part 9 Miscellaneous
s. 98
Part 9 -- Miscellaneous
98. Reasons for decision may be withheld
(1) This section applies to those sections in this Act which refer to it.
(2) If a person is required to give a prisoner reasons for a decision,
5 then if the person decides that it would be in the interest of the
prisoner or any other person, or the public, to withhold from the
prisoner any or all of the reasons, the person may do so.
99. Exclusion of rules of natural justice
The rules known as the rules of natural justice (including any duty
10 of procedural fairness) do not apply to or in relation to the doing or
omission of any act, matter or thing under Part 2, 3, 4 or 5 by --
(a) the Governor;
(b) the Minister;
(c) the Board or its members or secretary; or
15 (d) the CEO.
100. Issue and execution of warrants
(1) If this Act or the Sentencing Act 1995 empowers a person to
issue a warrant to have a person arrested, the warrant must be in
the prescribed form and such a warrant has effect according to
20 its wording.
(2) In the absence of evidence to the contrary, it is to be presumed
that --
(a) the person who issued the warrant is empowered to do
so; and
25 (b) the signature on the warrant is that of the person who
issued it.
page 60
Sentence Administration Bill 1998
Miscellaneous Part 9
s. 101
(3) A person to whom the warrant is directed must give effect to the
warrant as soon as practicable.
(4) The warrant itself is sufficient authority to the person to whom
it is directed to arrest the person concerned and to hold the
5 person in custody for the purposes of taking him or her, as soon
as practicable, to the place specified in the warrant.
101. Monitoring equipment
(1) In this section --
"monitoring equipment" means any device or equipment
10 installed under this Act or the Sentencing Act 1995 or the
Bail Act 1982 at the place where a person lives or lived to
keep the person under surveillance or to monitor the
person.
(2) The CEO may give the occupier of a place where monitoring
15 equipment is installed a direction to deliver the equipment to the
CEO within a set period.
(3) A person who contravenes a direction given under
subsection (2) commits an offence.
(4) A CCO may, at any time, enter a place where monitoring
20 equipment is installed to retrieve the equipment.
(5) A person who hinders a CCO exercising the power in
subsection (4) commits an offence.
(6) A person who unlawfully interferes with the operation of any
monitoring equipment commits an offence.
25 (7) A person who wilfully and unlawfully destroys or damages any
monitoring equipment commits an offence.
Penalty: $12 000 or imprisonment for 12 months.
page 61
Sentence Administration Bill 1998
Part 9 Miscellaneous
s. 102
102. Secrecy
(1) A person who is or has been in a position to which this section
applies must not, whether directly or indirectly, record, disclose,
or make use of any information obtained because of being in
5 that position, except --
(a) for the purposes of and in the due exercise of functions
under this Act;
(b) when ordered by a court or a judge to do so; or
(c) in circumstances approved from time to time by the
10 Minister.
Penalty: $2 500.
(2) The positions to which this section applies are --
(a) a member, a deputy of a member, an acting member or
the secretary of the Board;
15 (b) the CEO; and
(c) a member of the departmental staff.
103. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
20 purported performance of a function under this Act or the
Sentencing Act 1995.
(2) The protection given by subsection (1) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this Act or the Sentencing
25 Act 1995 had been enacted.
(3) Despite subsection (1), the Crown is not relieved of any liability
that it might have for another person having done anything as
described in that subsection.
page 62
Sentence Administration Bill 1998
Miscellaneous Part 9
s. 104
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
104. Regulations
The Governor may make regulations prescribing all matters that
5 are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
page 63
Sentence Administration Bill 1998
Part 9 Miscellaneous
s. 104
Schedule 1 -- Provisions applicable to the Parole Board
[s. 89]
1. Interpretation
"member" means a member of the Board.
5 2. Terms of office
(1) A member appointed by the Governor is a member for the period (not
more than 3 years) specified in the instrument of appointment; but is
eligible for re-appointment.
(2) A person who is a member by reason of being the CEO ceases to be a
10 member when he or she ceases to be the CEO.
(3) A person who is a member by reason of being a departmental officer
ceases to be a member when he or she resigns as a member or ceases
to be a departmental officer or when another departmental officer is
nominated by the CEO.
15 (4) A person who is a member by reason of being a police officer ceases
to be a member when he or she resigns as a member or ceases to be a
police officer or when another police officer is nominated by the
Commissioner of Police.
3. Resignation
20 (1) A member appointed by the Governor may resign by giving his or her
written resignation to the Minister.
(2) The member who is a member by reason of being a departmental
officer may resign by giving his or her written resignation to the CEO.
(3) The member who is a member by reason of being a police officer may
25 resign by giving his or her written resignation to the Commissioner of
Police.
page 64
Sentence Administration Bill 1998
Miscellaneous Part 9
s. 104
(4) A written resignation has effect when it is received by the relevant
person or at such later date as it specifies.
4. Deputies of members
(1) The Minister may appoint a person to be the deputy of a member
5 appointed by the Governor, other than the judicial member.
(2) The CEO may nominate a departmental officer to be his or her
deputy.
(3) The CEO may nominate a departmental officer to be the deputy of the
member who is a departmental officer.
10 (4) The member who is a police officer may nominate another police
officer to be his or her deputy.
(5) The deputy of a member may attend a meeting of the Board when the
member is absent and may perform the member's functions.
(6) This clause does not affect the operation of section 52 of the
15 Interpretation Act 1984.
5. Meetings
(1) The judicial member is the chairperson of the Board.
(2) The chairperson is to decide when the Board meets.
(3) At a meeting of the Board the chairperson is to preside, or in his or
20 her absence, the longest serving member.
(4) If in the absence of the judicial member more than one of the other
members is eligible to preside, the other members are to appoint one
of the eligible members to preside.
(5) At a meeting of the Board --
25 (a) the presiding member and 2 other members constitute a
quorum;
page 65
Sentence Administration Bill 1998
Part 9 Miscellaneous
s. 104
(b) questions arising are to be determined by a majority of the
members present and voting;
(c) if there is a tie in voting, the presiding member has a second
vote; and
5 (d) the chairperson alone decides any question of law.
(6) The Board may, if it thinks fit, conduct a meeting at which all or some
members participate by telephone or other 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.
10 (7) Subject to this clause the Board is to determine the procedure for
convening and conducting its meetings.
6. Remuneration and allowances
(1) Members, deputies and acting members, other than a judicial member
who is a judge, are entitled to the remuneration and allowances set by
15 the Governor.
(2) Any remuneration and allowances paid to a judicial member who is a
retired judge does not affect his or her entitlements under the Judges'
Salaries and Pensions Act 1950.
7. Leave of absence
20 The Minister may grant leave of absence to a member on such
conditions as the Minister determines.
page 66
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