Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Preamble
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. This Act to be read with Sentencing Act 1995
4. Interpretation and abbreviations
PART 2 -- General matters about people in custody
Division 1 -- Preliminary
6. Interpretation
Division 2 -- Matters affecting the service of terms
7. When a term begins
8. Order of service of fixed terms
9. Effect of escaping from custody
10. Effect of time before an appeal
11. No release if prisoner in custody for another matter
Division 3 -- Reports about certain people in custody
13. Report to Minister about a person in custody during Governor’s pleasure
14. Report to Minister about a person in custody
Division 4 -- Releasing people in custody during the Governor’s pleasure
15. Operation of this Division
16. Parole from custody during Governor’s pleasure
PART 3 -- Parole
Division 1 -- Preliminary
17. Interpretation
18. Paramount consideration and interpretation
Division 2 -- Reports about people eligible for parole
19. Report to Board about prisoner serving parole term
20. Periodic reports to Minister about prisoner serving life term or indefinite imprisonment
Division 3 -- Paroling prisoner serving parole term
21. Board to parole prisoner
22. Parole period
Division 4 -- Paroling prisoner serving life term or indefinite imprisonment
23. Life imprisonment: Governor may parole prisoner
24. Strict security life imprisonment: Governor may parole prisoner
25. Indefinite imprisonment: Governor may parole prisoner
Division 5 -- Postponing, deferring or refusing parole
26. Board may postpone, defer or refuse parole
27. Prisoner to be notified of postponement etc.
28. Effect of Board deferring or refusing parole
29. Prisoner may refuse to be released on parole
Division 6 -- Parole order
30. Parole order: nature of
31. Parole order: standard obligations
32. Parole order: additional requirements
33. Prisoner’s undertaking
34. CEO to ensure parolee is supervised
Division 7 -- Amendment, suspension and cancellation of parole order
35. Amendment or cancellation before release
36. CEO may suspend parole during parole period
37. Board may amend, suspend or cancel parole during parole period
38. Amendment by Board
39. Suspension by CEO or Board
40. Cancellation by the Board
41. Amendment etc. of parole orders made by the Governor
42. Board may re-release after parole cancelled
43. Governor may re-release after parole cancelled
44. Period on parole under new parole order deemed to be time served
Division 8 -- Miscellaneous
45. Resolution of doubtful cases
PART 4 -- Work release order
46. Certain prisoners may apply to Board for WRO
47. CEO to report to Board about prisoners who apply for WRO
48. Board to decide whether to make a WRO
49. Prisoner to be notified of refusal to make WRO
50. WRO: nature of
51. WRO: standard obligations
52. WRO: additional requirements
53. Prisoner’s undertaking
54. Prisoner may be paroled or returned to custody after WRO
55. Board or CEO may suspend WRO
56. CEO may suspend WRO or refer case to Board or both
57. Suspension by Board or CEO
58. Board may cancel WRO
PART 5 -- Home detention order
59. Certain prisoners may apply to CEO for HDO and CEO may make HDO
60. HDO: nature of
61. HDO: standard obligations
62. HDO: additional requirements
63. Powers of CCO in relation to home detention
64. CEO may amend, suspend or cancel HDO
65. Amendment by CEO
66. Suspension by CEO
67. Cancellation by CEO
PART 6 -- Provisions applicable to early release orders
68. Period of early release order counts as time served
69. Effect of suspension
70. Offending while on early release order: automatic cancellation
71. Effect of cancellation
72. Returning prisoner to custody
73. Clean street time counts as time served
74. Prisoner under sentence until discharged
PART 7 -- Provisions applicable to offenders on community orders, early release orders or work and development orders
75. Interpretation
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: offender may be directed to do other programmes
81. Compensation for injury
82. Regulations
PART 8 -- Community corrections centres
Division 1 -- Preliminary
83. Interpretation
84. Community corrections centres
85. Community corrections activities
Division 2 -- Management
86. CEO may make rules
87. Supervisors 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 9 -- Staff
Division 1 -- Chief executive officer
94. Functions
95. Delegation
96. CEO may confer functions of CCO on person
97. CEO to notify Board of certain breaches
Division 2 -- Other staff
98. Appointment
99. Volunteers
Division 3 -- Miscellaneous
100. Compensation for injury
101. Assistance by police officers
PART 10 -- Parole board
102. Parole Board established
103. Membership
104. Secretary
105. Schedule 1 applies
106. Functions
107. Board to have powers of Royal Commission
108. Orders by the Board
109. Board may require prisoner to appear before Board
110. Issue of warrants by Board
111. Judicial notice of appointment and signature
112. Annual report to Minister
113. Special reports to Minister
PART 11 -- Miscellaneous
114. Reasons for decision may be withheld
115. Exclusion of rules of natural justice
116. Issue and execution of warrants
117. Monitoring equipment
118. Secrecy
119. Protection from liability for wrongdoing
120. Regulations
SCHEDULE 1
Compilation table