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Corrections Amendment (Parole) Bill
2014
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purposes of the Bill. The Bill makes amendments to
the Corrections Act 1986 to provide for additional conditions for
the making of a parole order for the prisoner Julian Knight.
Clause 2 provides that the Bill comes into operation on the day after the
day on which the Bill receives the Royal Assent.
Clause 3 inserts a new section 74AA into the Corrections Act 1986 which
provides for conditions for making a parole order for the prisoner
Julian Knight.
New section 74AA identifies the prisoner Julian Knight as the
person by that name who was sentenced by the Supreme Court in
November 1988 to life imprisonment for each of seven counts of
murder.
Under new section 74AA, the Board must not make a parole
order under section 74 in respect of the prisoner Julian Knight
unless an application is made to the Board by or on behalf of the
prisoner.
The Board may make a parole order in respect of Julian Knight if
and only if the Board--
(a) is satisfied on the basis of a report from the Secretary to
the Department of Justice that because the prisoner is in
imminent danger of dying or is seriously incapacitated, he
no longer has the physical capacity to do harm to any
person, and that the prisoner has demonstrated he does not
pose any risk to the community; and
571520 1 BILL LC INTRODUCTION 18/2/2014
(b) is further satisfied that, because of the circumstances
described in (a), the making of the order is justified.
New section 74AA also provides that the Charter of Human
Rights and Responsibilities Act 2006 does not apply to
section 74AA. This serves as an override declaration for the
purposes of section 31 of the Charter Act, but also goes further to
prevent the Charter Act from applying to section 74AA
altogether. The non-application of the Charter Act to
section 74AA does not automatically expire under section 31(7)
of the Charter Act, but operates indefinitely.
Clause 4 provides for the automatic repeal of the amending Act on the first
anniversary of its commencement. The repeal of the Act does
not affect in any way the continuing operation of the amendment
made by the Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
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