Western Australian Consolidated Acts

SENTENCE ADMINISTRATION ACT 2003

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      This Act to be read with Sentencing Act 1995  
   4.      Terms and abbreviations used in this Act  

   PART 2 -- General matters  

           Division 1 -- Preliminary  

   5.      Terms and calculations used in this Part  
   5A.     Release considerations about people in custody  
   5B.     Community safety paramount  
   5C.     Victim’s submission to Board  

           Division 2 -- Matters affecting the service of terms  

   6.      When a term begins  
   7.      Order of service of fixed terms  
   8.      Effect of not being in custody  
   9.      Effect of time before an appeal  
   10.     No release if prisoner in custody for another matter  

           Division 3 -- Reports about prisoners  

   11.     Report to Minister about the place of custody for a person in custody during Governor’s pleasure  
   11A.    Reports by CEO to Board about certain prisoners  
   12.     Reports by Board to Minister about prisoners generally  
   12A.    Reports by Board to Minister about prisoners serving life terms or indefinite imprisonment  

           Division 4 -- Programmes for certain prisoners  

   13.     Board may recommend re-socialisation programmes for prisoners serving life terms or indefinite imprisonment  
   14.     Board may approve re-socialisation programmes for certain other prisoners  
   14A.    Regulations as to re-socialisation programmes  

   PART 3 -- Parole  

           Division 1 -- Preliminary  

   15.     How to interpret and apply this Part  

           Division 2 -- Reports about certain people eligible for parole  

   17.     Parole term, CEO to report to Board about prisoner  

           Division 3 -- Parole in case of parole term  

   19.     Term used in this Division  
   20.     Board may parole prisoner  

           Division 4 -- Parole in case of short term  

   22.     Application  
   23.     Board may parole prisoner  

           Division 5 -- Parole in case of life or indefinite imprisonment  

   25.     Life imprisonment, Governor may parole prisoner  
   27.     Indefinite imprisonment, Governor may parole prisoner  

           Division 5A -- Releasing prisoners during the Governor’s pleasure  

   27A.    Operation of this Division  
   27B.    Release may be by parole order  

           Division 6 -- Parole orders  

   28.     Parole order, nature of  
   29.     Parole order, standard obligations  
   30.     Parole order, additional requirements  
   31.     CEO to ensure parolee is supervised during supervised period  

           Division 7 -- Parole orders, general provisions  

   32.     Parole order may relate to more than one term  
   33.     Prisoner may refuse to be released on parole  
   34.     Prisoner’s acknowledgment or undertaking  
   35.     Making parole order after refusal by prisoner  

           Division 8 -- Amendment of parole orders  

   36.     Amending before release  
   37.     Amendment of parole order during parole period  

           Division 9 -- Suspension of parole orders  

   38.     Suspension by CEO  
   39.     Suspension by Board  
   40.     Period of suspension  
   41.     Suspension, effect on other parole orders  

           Division 10 -- Cancellation of parole orders  

   43.     Cancellation before release  
   44.     Cancellation after release  
   46.     Cancellation, effect on other parole orders  

           Division 11 -- Miscellaneous  

   48.     Parole ordered by Governor, Minister to be advised of amendment, suspension or cancellation  
   49.     Resolution of doubtful cases  

   PART 4 -- Re-entry release orders  

   50.     Certain prisoners may apply to Board for RRO  
   51.     CEO to report to Board about RRO applicants  
   52.     Board may make RRO  
   54.     RRO, nature of  
   55.     RRO, standard obligations  
   56.     RRO, primary requirements  
   57.     RRO, additional requirements  
   58.     Prisoner’s undertaking  
   59.     CEO to ensure prisoner is supervised during RRO  
   61.     Suspension by Board or CEO  
   63.     Cancellation by Board  

   PART 5 -- Provisions applying to early release orders  

           Division 1 -- General  

   65.     Period of early release order counts as time served  
   66.     Prisoner under sentence until discharged  

           Division 2 -- Automatic cancellation  

   67.     Cancellation automatic if prisoner imprisoned for offence committed on early release order  

           Division 3 -- Consequences of suspension and cancellation  

   68.     Suspension, effect of  
   69.     Cancellation, effect of  
   70.     Returning prisoner to custody  
   71.     Clean street time counts as time served  

           Division 4 -- Re-release after cancellation  

   72.     Re-release after cancellation of order made by Board  
   73.     Re-release after cancellation of parole order made by Governor  
   74.     Parole period under new parole order deemed to be time served  

   PART 6 -- Provisions applying to offenders on community corrections orders  

   75.     Terms used in this Part  
   76.     Offender’s obligations  
   77.     Consequences of contravening the obligations  
   78.     CEO may suspend requirements in case of illness etc.  
   79.     Community service requirement, offender may be directed to do activities  
   80.     Programme requirement  
   81.     Compensation for injury  
   82.     Regulations  

   PART 7 -- Community corrections centres  

           Division 1 -- Preliminary  

   83.     Terms used in this Part  
   84.     Community corrections centres  
   85.     Community corrections activities  

           Division 2 -- Management  

   86.     CEO may issue written instructions  
   87.     Managers of centres  
   88.     Functions of CCOs at centres  
   89.     Access to centres  
   90.     Searches  
   91.     Seizure  

           Division 3 -- Miscellaneous  

   92.     Department to report on centres  
   93.     Regulations  

   PART 8 -- Staff  

           Division 1 -- Chief executive officer  

   94.     Functions  
   95.     Delegation by CEO  
   96.     CEO may confer functions of CCO on person  
   97.     CEO to make information available to Board  
   97A.    Community safety information  
   97B.    Exchange of information  
   97C.    Disclosure to external agencies  
   97D.    Disclosure to victims  
   97E.    Disclosure authorised  

           Division 2 -- Other staff  

   98.     Appointment  
   98A.    Duties of CCOs  
   99.     Volunteers  

           Division 3 -- Miscellaneous  

   100.    Compensation for injury  
   101.    Assistance by police officers  

   PART 9 -- Prisoners Review Board  

   102.    Prisoners Review Board established  
   103.    Membership  
   104.    Training  
   104A.   Registrar and other staff  
   105.    Schedule 1 applies  
   106.    Functions  
   107.    Board to have powers of Royal Commission  
   107A.   Board may call on expert or professional assistance  
   107B.   Notification of Board’s decisions  
   107C.   Publication of Board’s decisions  
   108.    Orders by the Board  
   109.    Board may require prisoner to appear before it  
   110.    Issue of warrants by Board  
   111.    Judicial notice of appointment and signature  
   112.    Annual report to Minister  
   113.    Special reports to Minister  

   PART 10 -- Miscellaneous  

   114.    Reasons for decision may be withheld  
   115.    Exclusion of rules of natural justice  
   115A.   Board may review decisions about release  
   116.    Arrest warrant may be issued if warrant of commitment in force  
   117.    Issue and execution of warrants  
   118.    Monitoring equipment  
   119.    Secrecy  
   120.    Protection from liability for wrongdoing  
   121.    Regulations  
   122.    Review of Act  
           SCHEDULE 1 -- Provisions applying to the Prisoners Review Board  
           SCHEDULE 2 -- Prescribed offences  
           Compilation table