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This is a Bill, not an Act. For current law, see the Acts databases.


PAROLE AND SENTENCING LEGISLATION AMENDMENT BILL 2006

                      Western Australia


Parole and Sentencing Legislation Amendment
                  Bill 2006

                         CONTENTS


        Part 1 -- Preliminary matters
  1.    Short title                                                 2
  2.    Commencement                                                2
        Part 2 -- Sentence Administration
             Act 2003 amended
  3.    The Act amended in this Part                                3
  4.    Section 4 amended                                           3
  5.    Part 2 heading amended                                      5
  6.    Sections 5A, 5B and 5C inserted                             5
        5A.      Release considerations about people in
                 custody                                      5
        5B       Community safety paramount                   6
        5C.      Victim's submission to Board                 6
  7.    Section 7 amended                                           7
  8.    Part 2 Division 3 heading amended                           7
  9.    Section 11 amended                                          7
  10.   Section 11A inserted                                        8
        11A.     Reports by CEO to Board about certain
                 prisoners                                    8
  11.   Section 12 replaced by sections 12 and 12A                  9
        12.      Reports by Board to Minister about
                 prisoners generally                          9
        12A.     Reports by Board to Minister about
                 prisoners serving life terms or indefinite
                 imprisonment                                 11
  12.   Part 2 Division 4 replaced                                 13




                            129--3                                  page i
Parole and Sentencing Legislation Amendment Bill 2006



Contents



              Division 4 -- Programmes for certain prisoners
              13.       Board may recommend re-socialisation
                        programmes for prisoners serving life
                        terms or indefinite imprisonment         13
              14.       Board may approve re-socialisation
                        programmes for certain other prisoners   15
              14A.      Regulations as to re-socialisation
                        programmes                               16
      13.     Section 15 replaced                                     17
              15.       How to interpret and apply this Part     17
      14.     Section 16 repealed                                     17
      15.     Section 17 amended                                      17
      16.     Section 18 repealed                                     18
      17.     Section 20 amended                                      18
      18.     Section 21 repealed                                     18
      19.     Section 22 amended                                      18
      20.     Section 23 amended                                      18
      21.     Section 24 repealed                                     19
      22.     Sections 25, 26 and 27 amended                          20
      23.     Part 3 Division 5A inserted                             20
              Division 5A -- Releasing prisoners during the
                     Governor's pleasure
              27A.      Operation of this Division               20
              27B.      Release may be by parole order           20
      24.     Section 28 amended                                      21
      25.     Section 30 amended                                      21
      26.     Section 31 amended                                      21
      27.     Section 33 amended                                      22
      28.     Section 35 amended                                      22
      29.     Section 36 amended                                      22
      30.     Section 37 amended                                      23
      31.     Section 38 amended                                      23
      32.     Section 39 amended                                      23
      33.     Section 40 amended                                      24
      34.     Section 42 repealed                                     24
      35.     Section 43 amended                                      24
      36.     Section 44 amended                                      24
      37.     Section 45 repealed                                     24
      38.     Section 47 repealed                                     25
      39.     Section 48 amended                                      25
      40.     Section 49 amended                                      25
      41.     Section 50 amended                                      25
      42.     Section 51 amended                                      26

page ii
            Parole and Sentencing Legislation Amendment Bill 2006



                                                                 Contents



43.   Section 52 amended                                           26
44.   Section 53 repealed                                          26
45.   Section 54 amended                                           27
46.   Section 60 repealed                                          27
47.   Section 62 repealed                                          27
48.   Section 64 repealed                                          27
49.   Section 69 amended                                           27
50.   Section 70 amended                                           28
51.   Section 71 amended                                           28
52.   Section 72 amended                                           28
53.   Section 73 amended                                           29
54.   Section 74 amended                                           29
55.   Section 97 replaced                                          29
      97.        CEO to make information available to
                 Board                                      29
56.   Part 9 heading replaced                                      30
      Part 9 -- Prisoners Review Board
57.   Sections 102, 103 and 104 replaced by
      sections 102, 103, 104 and 104A                              30
      102.       Prisoners Review Board established         30
      103.       Membership                                 30
      104.       Training                                   33
      104A.      Registrar and other staff                  33
58.   Section 106 amended                                          33
59.   Sections 107A, 107B and 107C inserted                        33
      107A.      Board may call on expert or professional
                 assistance                                 33
      107B.      Notification of Board's decisions          34
      107C.      Publication of Board's decisions           35
60.   Section 108 amended                                          35
61.   Section 109 amended                                          35
62.   Section 110 amended                                          35
63.   Section 111 amended                                          36
64.   Section 112 replaced                                         36
      112.       Annual report to Minister                  36
65.   Section 115A inserted                                        37
      115A.      Board may review decisions about release   37
66.   Section 119 amended                                          39
67.   Section 122 inserted                                         39
      122.       Review of Act                              39
68.   Schedule 1 replaced                                          40



                                                                  page iii
Parole and Sentencing Legislation Amendment Bill 2006



Contents



              Schedule 1 -- Provisions applying to the Prisoners
                   Review Board
              1.       Meaning of "member"                        40
              2.       Tenure of office                           40
              3.       Resignation                                41
              4.       Terminating appointments                   41
              5.       Meetings                                   42
              6.       Conditions of service                      43
              7.       Leave of absence                           43
      69.     Schedule 2 amended                                       44
              Part 3 -- Sentencing Act 1995
                   amended
      70.     The Act amended in this Part                             45
      71.     Sections 8 and 16 amended                                45
      72.     Section 33A amended                                      45
      73.     Section 33O amended                                      46
      74.     Section 84E replaced and consequential
              amendment to Criminal Procedure and Appeals
              (Consequential and Other Provisions) Act 2004            46
              84E.     Alleging re-offending in court             46
      75.     Section 84P amended and consequential
              amendment to Criminal Procedure and Appeals
              (Consequential and Other Provisions) Act 2004            48
      76.     Section 89 amended                                       48
      77.     Section 94 amended                                       49
      78.     Section 150 inserted                                     50
              150.     Review of Act                              50
      79.     References to "Crown" amended                            51
              Part 4 -- Criminal Law (Mentally
                   Impaired Accused) Act 1996
                   amended
      80.     The Act amended in this Part                             52
      81.     Section 33 amended                                       52
      82.     Section 42 replaced by sections 42 and 42A               53
              42.      Members                                    53
              42A.     Meetings                                   54
      83.     Section 43 replaced                                      54
              43.      Registrar and staff                        54
      84.     Section 46 amended                                       54



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          Parole and Sentencing Legislation Amendment Bill 2006



                                                       Contents



       Part 5 -- Young Offenders Act 1994
            amended
85.    The Act amended in this Part                      56
86.    Section 15A amended                               56
87.    Section 133 amended                               56
88.    Section 152 amended                               57
       Part 6 -- Other Acts amended
89.    Constitution Acts Amendment Act 1899 amended      58
90.    Freedom of Information Act 1992 amended           58
91.    Juries Act 1957 amended                           58
92.    Parole Orders (Transfer) Act 1984 amended         59
93.    Prisoners (Release for Deportation) Act 1989
       amended                                           59
94.    Sentencing Legislation Amendment and Repeal
       Act 2003 amended                                  60
95.    Sentencing Legislation Amendment Act 2004
       amended                                           60
96.    Spent Convictions Act 1988 amended                61
97.    Victims of Crime Act 1994 amended                 61
       Part 7 -- Transitional provisions
98.    Arrangements for CEO parole orders                62
99.    Arrangements for RROs                             63
100.   Arrangements for members of existing Parole
       Board                                             63




                                                        page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


 Parole and Sentencing Legislation Amendment
                   Bill 2006


                               A Bill for


An Act to amend the Sentence Administration Act 2003 as to parole
and other matters and to make related and other amendments to --
•  the Sentencing Act 1995;
•  the Criminal Law (Mentally Impaired Accused) Act 1996;
•  the Young Offenders Act 1994; and
•  various other Acts,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 1         Preliminary matters

     s. 1



                       Part 1 -- Preliminary matters
     1.         Short title
                This is the Parole and Sentencing Legislation Amendment
                Act 2006.

 5   2.         Commencement
          (1)   Subject to this section, this Act comes into operation on a day
                fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.
10        (3)   Section 71 comes into operation on --
                 (a) the day on which the Criminal Law Amendment
                       (Criminal Property) Act 2004 Part 3 comes into
                       operation; or
                 (b) the day this Act receives the Royal Assent,
15              whichever is the later.
          (4)   Sections 74 and 75 come into operation on --
                  (a) the day on which the Sentencing Legislation Amendment
                       Act 2004 section 5 comes into operation; or
                 (b) the day this Act receives the Royal Assent,
20              whichever is the later.




     page 2
                        Parole and Sentencing Legislation Amendment Bill 2006
                       Sentence Administration Act 2003 amended        Part 2

                                                                           s. 3



          Part 2 -- Sentence Administration Act 2003 amended
     3.        The Act amended in this Part
               The amendments in this Part are to the Sentence Administration
               Act 2003*.
 5             [* Act No. 49 of 2003.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004 p. 407.]

     4.        Section 4 amended
               Section 4(2) is amended as follows:
10               (a) by inserting after "In this Act" --
                      " , unless the contrary intention appears ";
                (b) by deleting the definitions of "Board", "CEO parole
                      order", "CEO parole order (supervised)", "CEO parole
                      order (unsupervised)" and "departmental officer";
15               (c) by inserting in the appropriate alphabetical positions --
               "
                    "Board" means the Prisoners Review Board;
                    "parole order (unsupervised)" means a parole order
                        that specifies that it is unsupervised;
20                  "prisoner" means --
                        (a) a person sentenced to a fixed term, whether a
                              parole term or not;
                        (b) a person sentenced to a life term;
                        (c) a person sentenced to indefinite
25                            imprisonment; or
                        (d) a person in, or regarded as being in, strict or
                              safe custody by virtue of an order made
                              under section 282 of The Criminal Code;
                    "release considerations" relating to a prisoner, has the
30                      meaning given to that term by section 5A;

                                                                        page 3
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 4



                   "re-socialisation programme" means a programme of
                       a prescribed kind that can be provided under the
                       Prisons Act 1981 to address the following factors
                       insofar as they are relevant to equipping a
 5                     particular prisoner for re-entry into the general
                       community --
                       (a) education;
                       (b) employment;
                       (c) drug and alcohol use;
10                     (d) mental and physical health;
                       (e) attitudes and social control;
                        (f) institutionalisation and life skills;
                       (g) housing;
                       (h) financial support and debt;
15                      (i) family and community networks;
                        (j) any other prescribed factor;
                   "sentence" includes order;
                   "victim" of an offence means --
                       (a) a person who has suffered injury, loss or
20                           damage as a direct result of the offence,
                             whether or not that injury, loss or damage
                             was reasonably foreseeable by the offender;
                             or
                       (b) where the offence resulted in a death, any
25                           member of the immediate family of the
                             deceased;
                   "victim's submission" has the meaning given to that
                       term by section 5C(1);
                                                                           ".




     page 4
                     Parole and Sentencing Legislation Amendment Bill 2006
                    Sentence Administration Act 2003 amended        Part 2

                                                                            s. 5



     5.     Part 2 heading amended
            The heading to Part 2 is amended by deleting "about people in
            custody".

     6.     Sections 5A, 5B and 5C inserted
 5          After section 5 the following sections are inserted in Part 2
            Division 1 --
     "
          5A.     Release considerations about people in custody
                  In this Act a reference to the "release considerations"
10                relating to a prisoner is a reference to these
                  considerations --
                    (a) the degree of risk (having regard to any
                          likelihood of the prisoner committing an
                          offence when subject to an early release order
15                        and the likely nature and seriousness of any
                          such offence) that the release of the prisoner
                          would appear to present to the personal safety
                          of people in the community or of any individual
                          in the community;
20                  (b) the circumstances of the commission of, and
                          the seriousness of, an offence for which the
                          prisoner is in custody;
                    (c) any remarks by a court that has sentenced the
                          prisoner to imprisonment that are relevant to
25                        any of the matters mentioned in paragraph (a)
                          or (b);
                    (d) issues for any victim of an offence for which
                          the prisoner is in custody if the prisoner is
                          released, including any matter raised in a
30                        victim's submission;
                    (e) the behaviour of the prisoner when in custody
                          insofar as it may be relevant to determining
                          how the prisoner is likely to behave if released;

                                                                        page 5
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 6



                      (f)   whether the prisoner has participated in
                            programmes available to the prisoner when in
                            custody, and if not the reasons for not doing so;
                     (g)    the prisoner's performance when participating
 5                          in a programme mentioned in paragraph (f);
                     (h)    the behaviour of the prisoner when subject to
                            any release order made previously;
                      (i)   the likelihood of the prisoner committing an
                            offence when subject to an early release order;
10                    (j)   the likelihood of the prisoner complying with
                            the standard obligations and any additional
                            requirements of any early release order;
                     (k)    any other consideration that is or may be
                            relevant to whether the prisoner should be
15                          released.

            5B.     Community safety paramount
                    The Board or any other person performing functions
                    under this Act must regard the safety of the community
                    as the paramount consideration.

20          5C.     Victim's submission to Board
              (1)   A "victim's submission" is a written submission by a
                    victim of an offence for which a prisoner is in custody
                    that does either or both of the following --
                      (a) states the victim's opinion of the effect the
25                          release of the prisoner would have on the
                            victim;
                      (b) makes suggestions about the conditions that
                            should apply to the prisoner if released.
              (2)   If a victim is personally incapable of making a victim's
30                  submission due to age, disability or infirmity, a person
                    may make a victim's submission on the victim's
                    behalf.

     page 6
                           Parole and Sentencing Legislation Amendment Bill 2006
                          Sentence Administration Act 2003 amended        Part 2

                                                                                   s. 7



                (3)     The Board and the CEO are to establish procedures for
                        the making of victims' submissions and their receipt by
                        or transmission to the Board.
                (4)     In performing its functions, the Board is to have regard
 5                      to any victim's submission received by or transmitted
                        to it in accordance with the procedures and is to give
                        the submission such weight as it sees fit.
                (5)     The Board must not --
                         (a) give a victim's submission, or a copy of a
10                            victim's submission, to the prisoner or to any
                              person acting for or on behalf of, or
                              representing, the prisoner; or
                         (b) allow the prisoner or any person acting for or
                              on behalf of, or representing, the prisoner to
15                            view a victim's submission.
                                                                                    ".
     7.         Section 7 amended
                Section 7(4) is amended by deleting "subsection (1)." and
                inserting instead --
20              "     subsection (2).   ".

     8.         Part 2 Division 3 heading amended
                The heading to Part 2 Division 3 is amended by deleting
                "certain people in custody" and inserting instead --
                "     prisoners ".
25   9.         Section 11 amended
          (1)   Section 11(2) is amended by deleting "ordered to be detained in
                strict custody" and inserting instead --
                "
                       in, or is regarded as being in, strict custody by virtue of
30                     an order made
                                                                                   ".

                                                                              page 7
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 10



           (2)   After section 11(2) the following subsection is inserted --
             "
                 (3)   In this section --
                       "Minister" means the Minister administering
 5                          section 282 of The Criminal Code.
                                                                                    ".

     10.         Section 11A inserted
                 After section 11 the following section is inserted --
     "
10           11A.      Reports by CEO to Board about certain prisoners
                 (1)   In this section --
                       "prisoner" does not include a prisoner sentenced to a
                            fixed term of less than the length prescribed for the
                            purposes of this section.
15               (2)   At any time the Board may request the CEO to give the
                       Board a written report about a prisoner (a "prisoner
                       management report").
                 (3)   A request --
                        (a) must be in writing;
20                      (b)    must specify the prisoner concerned;
                        (c)    must specify the matters to be dealt with in a
                               prisoner management report;
                        (d)    may request the CEO to give a prisoner
                               management report on more than one occasion,
25                             as specified in the request; and
                         (e)   may request the CEO to give a prisoner
                               management report --
                                 (i) at a time specified or referred to in the
                                      request; or
30                              (ii) at more than one time specified or
                                      referred to in the request.

     page 8
                          Parole and Sentencing Legislation Amendment Bill 2006
                         Sentence Administration Act 2003 amended        Part 2

                                                                               s. 11



                 (4)   Without limiting subsection (3)(e), the time at which a
                       prisoner management report is to be given may be
                       fixed by reference to a time when the Board will
                       review the prisoner's circumstances.
 5               (5)   The Board may give the CEO written directions in
                       general terms about giving the Board prisoner
                       management reports.
                 (6)   Matters about which the Board can give the CEO
                       directions include --
10                       (a) which prisoners the CEO is to give prisoner
                               management reports about;
                         (b) what prisoner management reports are to deal
                               with; and
                         (c) when prisoner management reports are to be
15                             given.
                 (7)   The Board may at any time give the CEO a written
                       notice amending or cancelling a request or direction
                       given under this section.
                 (8)   On receiving a request or direction given under this
20                     section the CEO must comply with it so far as is
                       reasonably practicable.
                                                                                  ".

     11.         Section 12 replaced by sections 12 and 12A
                 Section 12 is repealed and the following sections are inserted
25               instead --
     "
           12.         Reports by Board to Minister about prisoners
                       generally
                 (1)   At any time the Minister, in writing, may request the
30                     Board to report about a prisoner.



                                                                              page 9
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 11



               (2)   The Board must give the Minister a written report
                     about a prisoner --
                       (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 paragraph (d) of the definition of "prisoner"
                             in section 4(2), at least once in every year.
10             (3)   A report given under subsection (2) must deal with the
                     release considerations relating to the prisoner.
               (4)   A report --
                      (a) must, if given under subsection (2)(a); and
                      (b) may, if given under subsection (2)(b) or (c),
15                   recommend whether or not the Governor should be
                     advised to exercise any power vested in 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.
20             (5)   If a report given under subsection (2) about a prisoner
                     recommends that the prisoner be released, the report
                     must, in addition to addressing the matters required by
                     subsections (3) and (4), report --
                        (a) on the nature and circumstances of the offence
25                           that gave rise to the prisoner being in custody;
                             and
                       (b) if parole is recommended --
                                (i) on the period for which the prisoner
                                     should be on parole; and




     page 10
                Parole and Sentencing Legislation Amendment Bill 2006
               Sentence Administration Act 2003 amended        Part 2

                                                                       s. 11



                      (ii)   on the additional requirements (if any)
                             to which the prisoner should be subject
                             while on parole,
             and may address any other matters the Board thinks fit.
 5     (6)   In the case of a person referred to in paragraph (d) of
             the definition of "prisoner" in section 4(2) "Minister",
             in this section, means the Minister administering
             section 282 of The Criminal Code.

     12A.    Reports by Board to Minister about prisoners
10           serving life terms or indefinite imprisonment
       (1)   In this section --
             "prisoner" means a person serving a sentence
                  described in column 1 of the Table to this section.
       (2)   The Board must give the Minister a written report
15           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.
       (3)   A report given under subsection (2) must deal with the
20           release considerations relating to the prisoner.
       (4)   If a report given 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) whether the prisoner should be released on
25                   parole; and
               (b) if release on parole is recommended --
                        (i) the period for which the prisoner should
                             be on parole; and
                       (ii) the additional requirements (if any) to
30                           which the prisoner should be subject
                             while on parole.


                                                                  page 11
    Parole and Sentencing Legislation Amendment Bill 2006
    Part 2         Sentence Administration Act 2003 amended

    s. 11



               (5)    A report given under subsection (2) may recommend
                      whether or not the Governor should be advised to
                      exercise any power vested in the Governor to release
                      the prisoner, and, if release is recommended, the
5                     requirements or conditions (if any) that should apply to
                      the prisoner's release.
                                             Table
                                                                       When
            Type of sentence             When report is due            subsequent
                                                                       reports are due
            Life imprisonment for an     7 years after the day on which Every 3 years
            offence other than murder or the term began or is taken to after that
            wilful murder                have begun
            Life 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
            Life imprisonment for wilful At the end of the minimum      Every 3 years
            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 than     period set under section 91(1) after that
            where, under section 91(3) of the Sentencing Act 1995
            of the Sentencing Act 1995,
            the prisoner has been
            ordered to be imprisoned for
            the whole of his or her life
            Indefinite imprisonment      One year after the day on     Every 3 years
                                         which the sentence began      after that
                                                                                         ".




    page 12
                          Parole and Sentencing Legislation Amendment Bill 2006
                         Sentence Administration Act 2003 amended        Part 2

                                                                                 s. 12



     12.         Part 2 Division 4 replaced
                 Part 2 Division 4 is repealed and the following Division is
                 inserted instead --
     "
 5                Division 4 -- Programmes for certain prisoners
           13.         Board may recommend re-socialisation
                       programmes for prisoners serving life terms or
                       indefinite imprisonment
                 (1)   In this section --
10                     "prisoner" means a person serving a sentence
                            described in column 1 of the Table to section 12A.
                 (2)   At a prescribed time in the sentence of a prisoner the
                       CEO must assess --
                        (a) the suitability of the prisoner for inclusion in a
15                             re-socialisation programme; and
                        (b) whether the prisoner's participation in a
                               re-socialisation programme can be facilitated
                               by the CEO.
                 (3)   The CEO is to give the Board a written report on the
20                     outcome of an assessment made under subsection (2).
                 (4)   If the Board --
                          (a) has received a report under subsection (3)
                               advising that the CEO can facilitate the
                               prisoner's participation in a re-socialisation
25                             programme; and
                         (b) considers that the prisoner may be suitable for
                               inclusion in a re-socialisation programme,
                       the Board may request the CEO to give it a detailed
                       description of a re-socialisation programme in which
30                     the prisoner should participate before being released,
                       and the CEO must comply with that request.

                                                                           page 13
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 12



               (5)   If after --
                        (a) receiving a re-socialisation programme from
                              the CEO under subsection (4); and
                       (b) considering the release considerations relating
 5                            to the prisoner,
                     the Board endorses the programme, with or without
                     variations, the Board may, in a report given under
                     section 12A(2) or at any other time, recommend to the
                     Minister that the Governor should be advised to
10                   approve of the programme as so endorsed and of the
                     prisoner's participation in it.
               (6)   If the Governor approves of the re-socialisation
                     programme and of the prisoner's participation in it, the
                     Board is to provide it to the CEO as so approved.
15             (7)   The CEO must give a copy of the approved
                     re-socialisation programme to the prisoner and
                     implement it as far as is reasonably practicable unless it
                     is suspended or cancelled in accordance with the
                     regulations.
20             (8)   A prisoner is not to participate in a re-socialisation
                     programme other than one approved by the Governor
                     and provided to the CEO under subsection (6).
               (9)   Nothing in this section limits the power of --
                      (a) the Board to recommend to the CEO any other
25                          programme in which the prisoner should
                            participate before being released; or
                      (b) the CEO to implement any other programme
                            before the prisoner is released.




     page 14
                    Parole and Sentencing Legislation Amendment Bill 2006
                   Sentence Administration Act 2003 amended        Part 2

                                                                          s. 12



     14.         Board may approve re-socialisation programmes
                 for certain other prisoners
           (1)   In this section --
                 "prisoner" does not include --
 5                    (a) a prisoner sentenced to a fixed term of less
                            than the length prescribed for the purposes of
                            section 11A; or
                      (b) a prisoner serving a sentence described in
                            column 1 of the Table to section 12A.
10         (2)   Without limiting section 11A, the Board may at any
                 time request the CEO to assess, at a prescribed time in
                 the sentence of a prisoner --
                   (a) the suitability of the prisoner for inclusion in a
                         re-socialisation programme; and
15                 (b) whether the prisoner's participation in a
                         re-socialisation programme can be facilitated
                         by the CEO.
           (3)   The CEO is to give the Board a written report on the
                 outcome of an assessment made under subsection (2).
20         (4)   If the Board --
                    (a) has received a report under subsection (3)
                         advising that the CEO can facilitate the
                         prisoner's participation in a re-socialisation
                         programme; and
25                 (b) considers that the prisoner may be suitable for
                         inclusion in a re-socialisation programme,
                 the Board may request the CEO to give it a detailed
                 description of a re-socialisation programme in which
                 the prisoner should participate before being released,
30               and the CEO must comply with that request.




                                                                     page 15
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 12



               (5)   If after --
                        (a) receiving a re-socialisation programme from
                              the CEO under subsection (4); and
                       (b) considering the release considerations relating
 5                            to the prisoner,
                     the Board approves of the programme, with or without
                     variations, and of the prisoner's participation in it, the
                     Board is to provide it to the CEO as so approved.
               (6)   The CEO must give a copy of the approved
10                   re-socialisation programme to the prisoner and
                     implement it as far as is reasonably practicable unless it
                     is suspended or cancelled in accordance with the
                     regulations.
               (7)   Nothing in this section limits the power of --
15                    (a) the Board to recommend to the CEO any other
                            programme in which the prisoner should
                            participate before being released; or
                      (b) the CEO to implement any other programme
                            before the prisoner is released.

20           14A.    Regulations as to re-socialisation programmes
                     Regulations may deal with --
                      (a) the procedures set out in sections 13 and 14;
                            and
                      (b) the nature and content of re-socialisation
25                          programmes and their implementation,
                            suspension, cancellation and reinstatement.
                                                                                  ".




     page 16
                                Parole and Sentencing Legislation Amendment Bill 2006
                               Sentence Administration Act 2003 amended        Part 2

                                                                                    s. 13



     13.             Section 15 replaced
                     Section 15 is repealed and the following section is inserted
                     instead --
     "
 5           15.             How to interpret and apply this Part
                             In this Part, unless the contrary intention appears,
                             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.
10                                                                                       ".

     14.             Section 16 repealed
                     Section 16 is repealed.

     15.             Section 17 amended
           (1)       Section 17(1) is amended by deleting "on the parole" and
15                   inserting instead --
                     " that deals with the release     ".
           (2)       Section 17(2) is amended by deleting "parole." and inserting
                     instead --
                     "     parole under section 93(1) of the Sentencing Act 1995.   ".
20         (3)       After section 17(2) the following subsection is inserted --
                 "
                     (3)     The CEO's duty under this section in respect of a
                             prisoner is in addition to any duty under section 11A in
                             respect of the prisoner unless the Board, having
25                           received a prisoner management report under
                             section 11A in respect of the prisoner, directs the CEO
                             not to comply with this section.
                                                                                         ".




                                                                                page 17
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 16



     16.              Section 18 repealed
                      Section 18 is repealed.

     17.              Section 20 amended
                      Section 20(2)(a) is amended by deleting "parole" and inserting
 5                    instead --
                      "     release   ".

     18.              Section 21 repealed
                      Section 21 is repealed.

     19.              Section 22 amended
10                    Section 22(1)(a) and (b) are amended by inserting after
                      "prescribed term" --
                                "
                                      or a term in respect of which a parole eligibility
                                      order has been made
15                                                                                         ".

     20.              Section 23 amended
           (1)        After section 23(2) the following subsection is inserted --
                 "
                     (2a)     In making a decision under this section in respect of a
20                            prisoner, the Board must have regard to --
                                (a) the release considerations relating to the
                                     prisoner;
                                (b) any report made by the CEO under section 17;
                                     and
25                              (c) any other information about the prisoner
                                     brought to its attention.
                                                                                           ".



     page 18
                                 Parole and Sentencing Legislation Amendment Bill 2006
                                Sentence Administration Act 2003 amended        Part 2

                                                                                             s. 21



           (2)        Section 23(3) is amended by deleting "The CEO -- " and
                      inserting instead --
                      "     Subject to section 10, the Board --        ".
           (3)        Section 23(4) is amended by deleting "CEO," and inserting
 5                    instead --
                      "     Board,   ".
           (4)        After section 23(5) the following subsections are inserted --
                 "
                     (5a)     Despite subsection (5), the Board may defer the release
10                            date of a parole order by up to 7 days if transport
                              arrangements cannot be made for the prisoner on the
                              day when the prisoner is eligible for release.
                     (5b)     Despite subsection (5), the Board does not have to
                              make a parole order under subsection (3)(b) while the
15                            prisoner is required to be kept in custody in respect of
                              another matter.
                                                                                               ".
           (5)        Section 23(8) is repealed.
           (6)        Section 23(9) is amended as follows:
20                      (a) by deleting "CEO";
                       (b) in paragraph (a) by deleting "and (3)".
           (7)        Section 23(10) is amended by deleting "CEO" in both places
                      where it occurs and inserting instead --
                      "     Board    ".
25                   Note: The heading to section 23 will be altered by deleting "CEO" and
                           inserting instead "Board".

     21.              Section 24 repealed
                      Section 24 is repealed.



                                                                                        page 19
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 22



     22.       Sections 25, 26 and 27 amended
               Section 25(1)(b), 26(1)(b) and 27(1) are amended by deleting
               "to the Minister under section 12 or 18." and inserting
               instead --
 5             "     under section 12 or 12A.   ".

     23.       Part 3 Division 5A inserted
               After section 27 the following Division is inserted --
     "
                    Division 5A -- Releasing prisoners during the
10                              Governor's pleasure
             27A.      Operation of this Division
                       The powers in this Division are in addition to the
                       power of the Governor to at any time release people
                       who are in custody during the Governor's pleasure.

15           27B.      Release may be by parole order
               (1)     The release by the Governor of a person in, or regarded
                       as being in, strict or safe custody by virtue of an order
                       made under section 282 of The Criminal Code may, if
                       the Governor thinks fit, be by means of a parole order
20                     made by the Governor.
               (2)     The parole order may not be made unless a report
                       about the person has been given by the Board under
                       section 12.
               (3)     The release date is that set by the Governor.
25             (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.




     page 20
                              Parole and Sentencing Legislation Amendment Bill 2006
                             Sentence Administration Act 2003 amended        Part 2

                                                                                 s. 24



                 (5)       The Minister must cause a copy of every parole order
                           made in respect of a person described in subsection (1)
                           and a written explanation of the circumstances giving
                           rise to it to be tabled in each House of Parliament
 5                         within 15 sitting days of that House after it is made.
                                                                                     ".

     24.         Section 28 amended
           (1)   Section 28(1)(b) is amended by deleting "supervised" and
                 inserting instead --
10               "     parole    ".
           (2)   Section 28(2), (3) and (4) are repealed.

     25.         Section 30 amended
                 Section 30 is amended by deleting ", the CEO".

     26.         Section 31 amended
15         (1)   Section 31(1) is amended as follows:
                   (a) by deleting "The CEO" and inserting instead --
                 "
                           Unless the parole order is a parole order
                           (unsupervised), the CEO
20                                                                                   ";
                     (b)    by deleting "supervised" and inserting instead --
                            " parole ".
           (2)   Section 31(2) is amended by deleting from "the CEO may --"
                 to the end of the subsection and inserting instead --
25               "
                           the CEO may recommend to the Board that the
                           prisoner no longer be supervised by a CCO.
                                                                                     ".



                                                                               page 21
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 27



           (3)   Section 31(3) is amended as follows:
                   (a) by deleting "subsection (2)(d)," and inserting instead --
                        " subsection (2), ";
                  (b) by deleting "supervised period" and inserting instead --
 5                      " parole period ".
           (4)   Section 31(5) is amended by deleting "supervised" and inserting
                 instead --
                 "   parole        ".

     27.         Section 33 amended
10         (1)   Section 33(2) is repealed.
           (2)   Section 33(3) is amended by deleting "In any other case, the"
                 and inserting instead --
                 "   The      ".

     28.         Section 35 amended
15         (1)   Section 35(1) is amended by deleting ", the CEO".
           (2)   Section 35(2) is repealed.
           (3)   Section 35(3) is amended by deleting "In any other case, the"
                 and inserting instead --
                 "   The      ".
20         (4)   Section 35(4) is amended by deleting ", the CEO".

     29.         Section 36 amended
                 Section 36 is amended as follows:
                   (a) after paragraph (a) by inserting --
                        " or ";
25                (b) by deleting paragraph (b) and "or" after it.



     page 22
                                Parole and Sentencing Legislation Amendment Bill 2006
                               Sentence Administration Act 2003 amended        Part 2

                                                                                             s. 30



     30.             Section 37 amended
           (1)       Section 37(1) and (2) are repealed and the following subsection
                     is inserted instead --
                 "
 5                   (1)     The Board may, at any time during the parole period of
                             a parole order, amend the parole order, irrespective of
                             whether it was made by the Board or by the Governor.
                                                                                                ".
           (2)       Section 37(4) is repealed.

10   31.             Section 38 amended
           (1)       Section 38(1) is amended as follows:
                       (a) by deleting "supervised" and inserting instead --
                            " parole ";
                      (b) by deleting "by the CEO,".
15         (2)       Section 38(2) is amended by deleting "supervised" and inserting
                     instead --
                     "     parole   ".
           (3)       Section 38(4) is repealed.
                     Note: The heading to section 38 will be altered by deleting "during
20                         supervised period".

     32.             Section 39 amended
           (1)       Section 39(1) is amended by deleting "supervised" and inserting
                     instead --
                     "     parole   ".




                                                                                           page 23
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 33



           (2)       Section 39(2) is repealed and the following subsection is
                     inserted instead --
                 "
                     (2)    Subsection (1) does not apply to a parole order
 5                          (unsupervised).
                                                                                                ".
                     Note: The heading to section 39 will be altered by deleting "during
                           supervised period".

     33.             Section 40 amended
10                   Section 40(2) is repealed.

     34.             Section 42 repealed
                     Section 42 is repealed.

     35.             Section 43 amended
                     Section 43(2) is repealed.

15   36.             Section 44 amended
           (1)       Section 44(1) is amended by deleting "Subject to subsection (2),
                     the" and inserting instead --
                     "     The   ".
           (2)       Section 44(2) and (3) are repealed.
20         (3)       Section 44(4) is amended as follows:
                       (a) by deleting "CEO";
                      (b) by deleting "CEO's" and inserting instead --
                            " Board's ".
                     Note: The heading to section 44 will be altered by deleting "by Board or
25                         CEO" and inserting instead "after release".

     37.             Section 45 repealed
                     Section 45 is repealed.

     page 24
                              Parole and Sentencing Legislation Amendment Bill 2006
                             Sentence Administration Act 2003 amended        Part 2

                                                                                 s. 38



     38.         Section 47 repealed
                 Section 47 is repealed.

     39.         Section 48 amended
           (1)   Section 48(1)(a)(i) is amended by deleting "during the
 5               supervised period".
           (2)   Section 48(1) is amended by deleting paragraph (e) and "and"
                 after it and inserting instead --
                        "
                             (e)   written notice of and reasons for the decision;
10                          (ea)   a summary of the grounds and any submissions
                                   in an application for a review made by the
                                   prisoner under section 115A; and
                                                                                     ".

     40.         Section 49 amended
15               Section 49(3)(b) is amended by deleting ", the supervision
                 period applicable in any case".

     41.         Section 50 amended
                 Section 50 is amended as follows:
                   (a) by deleting paragraph (a) and inserting instead --
20                      "
                             (a)   he or she is not serving a parole term;
                                                                                     ";
                  (b)       in paragraph (c) by deleting "14(1)" and inserting
                            instead --
25                          " 27B(1) ".
                  (c)       in paragraph (e) by deleting "(whether under a parole
                            order or not)".




                                                                              page 25
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 42



     42.             Section 51 amended
                     Section 51(3) is repealed and the following subsection is
                     inserted instead --
                 "
 5                   (3)     A report by the CEO under subsection (1) must address
                             the release considerations relating to the prisoner.
                                                                                       ".

     43.             Section 52 amended
           (1)       Section 52(2) is repealed and the following subsection is
10                   inserted instead --
                 "
                     (2)     When deciding whether or not to make an RRO in
                             respect of the prisoner the Board is to have regard to
                             the release considerations relating to a prisoner.
15                                                                                     ".
           (2)       Section 52(3) is amended by deleting "If in the case of a
                     prisoner who is not serving a parole term the Board is not
                     satisfied under subsection (2), the Board may nevertheless make
                     an RRO in respect of the prisoner if satisfied that" and inserting
20                   instead --
                     "     In particular the Board must have regard to whether    ".
           (3)       Section 52(4) is repealed.

     44.             Section 53 repealed
                     Section 53 is repealed.




     page 26
                                 Parole and Sentencing Legislation Amendment Bill 2006
                                Sentence Administration Act 2003 amended        Part 2

                                                                                     s. 45



     45.              Section 54 amended
                      Section 54(3)(b) is deleted and the following paragraph is
                      inserted instead --
                           "
 5                            (b) ending on the date when under section 95 of the
                                    Sentencing Act 1995, the prisoner must be
                                    released.
                                                                                         ".

     46.              Section 60 repealed
10                    Section 60 is repealed.

     47.              Section 62 repealed
                      Section 62 is repealed.

     48.              Section 64 repealed
                      Section 64 is repealed.

15   49.              Section 69 amended
           (1)        Section 69(1) is amended by inserting after "and" --
                      "     , subject to subsection (1b),   ".
           (2)        After section 69(1) the following subsections are inserted --
                 "
20                   (1a)     Subsection (1b) applies to a prisoner who resumes
                              serving a fixed term in custody under subsection (1)
                              if --
                                 (a) the early release order was an RRO; and
                                 (b) the fixed term is not a parole term and was
25                                    imposed on or before 30 August 2003.
                     (1b)     Subject to Part 2 Division 2, a prisoner to whom this
                              subsection applies is entitled to be released when he or
                              she has served two-thirds of the fixed term.
                                                                                         ".

                                                                                  page 27
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 50



           (3)       Section 69(4) is amended by deleting "14(1)" and inserting
                     instead --
                     "     27B(1)   ".
           (4)       After section 69(5) the following subsection is inserted --
 5               "
                     (6)    For the purposes of this section, to calculate the length
                            in days of two-thirds of a fixed term imposed on or
                            before 30 August 2003 --
                              (a) determine the date on which the term as
10                                  imposed by the court began and will end, and
                                    then express the term as a number of days
                                    ("T");
                              (b) then divide T by 3 and disregard any
                                    remainder;
15                            (c) then subtract that result from T and add to the
                                    result the number of days of remission that the
                                    prisoner has been ordered to forfeit under the
                                    Prisons Act 1981 (if any).
                                                                                        ".

20   50.             Section 70 amended
                     Section 70(2)(c) is amended by deleting "or cancelled".

     51.             Section 71 amended
                     Section 71(3)(a) is amended by deleting "or the CEO (as the
                     case may be)".

25   52.             Section 72 amended
           (1)       Section 72(1) is amended as follows:
                       (a) by deleting "or the CEO" in the first place where it
                            occurs;
                      (b) by deleting "or the CEO, as the case may be,".


     page 28
                                Parole and Sentencing Legislation Amendment Bill 2006
                               Sentence Administration Act 2003 amended        Part 2

                                                                                             s. 53



           (2)       Section 72(2) is repealed and the following subsection is
                     inserted instead --
                 "
                     (2)    If the subsequent early release order is a parole order,
 5                          the parole period in it is the period that begins on the
                            day when the prisoner is released and ends when the
                            term ends.
                                                                                               ".
                     Note: The heading to section 72 will be altered by deleting "or CEO".

10   53.             Section 73 amended
                     Section 73(3) is repealed.

     54.             Section 74 amended
                     Section 74(b) is amended by deleting "or the CEO".

     55.             Section 97 replaced
15                   Section 97 is repealed and the following section is inserted
                     instead --
     "
             97.            CEO to make information available to Board
                     (1)    This section operates despite any other written law that
20                          requires the CEO not to disclose information.
                     (2)    Subject to any directions given by the Board to the
                            CEO, the CEO must, in any report about a prisoner that
                            the CEO has to give the Board under this Act, include
                            all information in relation to the prisoner that is in the
25                          possession of the CEO and that is or may be relevant to
                            any decision the Board may make under this Act in
                            respect of the prisoner.
                     (3)    Without limiting subsection (2) but subject to any
                            directions given by the Board to the CEO, if a breach
30                          of an early release order comes to the knowledge of the

                                                                                         page 29
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 56



                      CEO, the CEO must forthwith report the matter to the
                      Board and must provide such other information about
                      the breach as the Board requires.
                (4)   The CEO must allow the Board's members and staff
 5                    access to information about prisoners in custody on
                      information systems controlled and managed by the
                      CEO but only to the extent necessary for the
                      performance of the Board's functions.
                                                                               ".

10   56.       Part 9 heading replaced
               The heading to Part 9 is deleted and the following heading is
               inserted instead --
     "
                      Part 9 -- Prisoners Review Board
15                                                                             ".

     57.       Sections 102, 103 and 104 replaced by sections 102, 103, 104
               and 104A
               Sections 102 to 104 are repealed and the following sections are
               inserted instead --
20   "
             102.     Prisoners Review Board established
                (1)   A board called the Prisoners Review Board is
                      established.
                (2)   The Board is to be taken to be a continuation of the
25                    Parole Board established previously.

             103.     Membership
                (1)   The members of the Board are --
                       (a) a chairperson, to be nominated by the Minister
                            and appointed by the Governor;


     page 30
              Parole and Sentencing Legislation Amendment Bill 2006
             Sentence Administration Act 2003 amended        Part 2

                                                                   s. 57



            (b)    at least 2 deputy chairpersons, to be nominated
                   by the Minister and appointed by the Governor;
             (c)   as many community members as are necessary
                   to deal with the workload of the Board, to be
 5                 nominated by the Minister and appointed by the
                   Governor;
            (d)    as many officers of the Public Sector agency of
                   which the CEO is the chief executive officer as
                   are necessary to deal with the workload of the
10                 Board, to be appointed by the CEO; and
             (e)   as many police officers as are necessary to deal
                   with the workload of the Board, to be appointed
                   by the Commissioner of Police.
     (2)   The Minister must not nominate a person as the
15         chairperson unless --
             (a) the person --
                     (i) is a judge of the Supreme Court or the
                         District Court; or
                    (ii) is a retired judge of one of those courts;
20                and
             (b) if paragraph (a)(i) applies to the person, the
                  Minister has consulted the Chief Justice or the
                  Chief Judge of the District Court (as the case
                  may be) about the nomination.
25   (3)   The Minister must not nominate a person as a deputy
           chairperson unless the person has, in the Minister's
           opinion, extensive or special knowledge of matters
           involved in the performance of the Board's functions.
     (4)   The Minister must not nominate a person as a
30         community member unless the Minister is satisfied --
             (a) that the person is able to make an objective and
                 reasonable assessment of the degree of risk that
                 the release of a prisoner would appear to

                                                               page 31
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 57



                            present to the personal safety of people in the
                            community or of any individual in the
                            community; and
                      (b)   that the person has one or more of the following
 5                          attributes --
                               (i) the person has a knowledge and
                                    understanding of the impact of offences
                                    on victims;
                              (ii) the person has a knowledge and
10                                  understanding of Aboriginal culture
                                    local to this State;
                             (iii) the person has a knowledge and
                                    understanding of a range of cultures
                                    among Australians;
15                           (iv) the person has a knowledge and
                                    understanding of the criminal justice
                                    system;
                              (v) the person has a broad experience in a
                                    range of community issues such as
20                                  issues relating to employment,
                                    substance abuse, physical or mental
                                    illness or disability, or lack of housing,
                                    education or training.
               (5)   In nominating persons as community members the
25                   Minister is to ensure that at all times at least one
                     community member has the attribute mentioned in
                     subsection (4)(b)(i) and at least one community
                     member is an Aboriginal person who has the attribute
                     mentioned in subsection (4)(b)(ii).
30             (6)   On appointing a member of the Board under
                     subsection (1)(d) or (e), the CEO or the Commissioner
                     of Police, as the case may be, must give written notice
                     of the appointment to --
                       (a) the person appointed; and
35                     (b) the registrar of the Board.

     page 32
                        Parole and Sentencing Legislation Amendment Bill 2006
                       Sentence Administration Act 2003 amended        Part 2

                                                                               s. 58



           104.      Training
               (1)   The chairperson and deputy chairpersons are
                     responsible for directing the education, training, and
                     professional development of members of the Board.
 5             (2)   The Minister is to ensure that appropriate provision is
                     made for the education, training, and professional
                     development of members of the Board.

           104A.     Registrar and other staff
               (1)   A person is to be appointed as the registrar of the
10                   Board.
               (2)   The registrar and any other staff of the Board are to be
                     appointed under Part 3 of the Public Sector
                     Management Act 1994.
                                                                                 ".

15   58.       Section 106 amended
               After section 106(2) the following subsection is inserted --
           "
               (3)   A member of the Board, other than the chairperson,
                     must comply with any relevant public sector standard
20                   or code of ethics established under section 21 of the
                     Public Sector Management Act 1994 when performing
                     functions as a member of the Board.
                                                                                 ".

     59.       Sections 107A, 107B and 107C inserted
25             After section 107 the following sections are inserted --
     "
           107A.     Board may call on expert or professional assistance
                     The Board may appoint a person with relevant
                     knowledge or experience to assist the Board in relation


                                                                           page 33
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 59



                     to a matter within the Board's functions by providing a
                     report, advice or professional services.

             107B.   Notification of Board's decisions
               (1)   The Board must give a prisoner written notice of any
 5                   decision made under this Act in respect of the person
                     as soon as practicable after the decision is made.
               (2)   The Board must give the CEO written notice of any
                     decision made under this Act in respect of a prisoner as
                     soon as practicable after the decision is made.
10             (3)   Without limiting subsections (1) and (2), they apply --
                       (a)   to a decision, whether by the Board or the
                             Governor, not to make an early release order in
                             respect of a prisoner;
                      (b)    to a decision to make a parole order in which
15                           the release date is not the day when, under
                             section 23(2) or section 93(1) of the Sentencing
                             Act 1995, the prisoner is eligible to be released
                             on parole;
                       (c)   to a decision, whether by the Governor or the
20                           Board, to amend, suspend or cancel an early
                             release order; and
                      (d)    to a decision by the Board not to make a
                             request under section 13(4) after receiving a
                             report under section 13(3) or not to endorse,
25                           with or without variations, a re-socialisation
                             programme received under section 13(4),
                     and, in the case of subsection (1) --
                       (e) to a decision by the CEO to suspend an early
                             release order.
30             (4)   Subject to section 114, a notice under subsection (1)
                     or (2) must include the reasons for the decision.


     page 34
                        Parole and Sentencing Legislation Amendment Bill 2006
                       Sentence Administration Act 2003 amended        Part 2

                                                                              s. 60



             (5)     If the decision is a reviewable decision, as that term is
                     defined in section 115A, a notice under subsection (1)
                     must inform the prisoner of the effect of section 115A.

           107C.     Publication of Board's decisions
 5           (1)     This section operates despite section 119.
             (2)     The chairperson of the Board may make public a
                     decision of the Board or the reasons for it if the
                     chairperson considers it is in the public interest to do so
                     having regard to all the circumstances including the
10                   interests of the prisoner concerned and the interests of
                     any victim.
                                                                                   ".

     60.     Section 108 amended
             Section 108(1) is amended in paragraph (a) of the definition of
15           "authorised person" by deleting "secretary" and inserting
             instead --
             "     registrar   ".

     61.     Section 109 amended
             Section 109(1) is amended by deleting "CEO parole order" and
20           inserting instead --
             "     parole order (unsupervised)    ".

     62.     Section 110 amended
             Section 110(2)(b) is amended as follows:
               (a) by deleting " judicial member" and inserting instead --
25                  " chairperson ";
              (b) by deleting "Judge" and inserting instead --
                    " judge ".



                                                                           page 35
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 63



     63.       Section 111 amended
               Section 111(1)(a) and (2) are amended by deleting "secretary"
               and inserting instead --
               "    registrar   ".

 5   64.       Section 112 replaced
               Section 112 is repealed and the following section is inserted
               instead --
     "
             112.     Annual report to Minister
10                    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 previous financial year;
                       (b) the number of prisoners who became eligible to
15                            be released under a parole order during the
                              previous financial year;
                       (c) the number of prisoners who applied to be
                              released under an RRO during the previous
                              financial year;
20                     (d) the number of prisoners who were refused an
                              early release order by the Board or the
                              Governor during the previous financial year;
                       (e) the number of prisoners released under an early
                              release order by the Board or the Governor
25                            during the previous financial year;
                        (f) the number of prisoners who completed an
                              early release order during the previous financial
                              year;
                       (g) the number of early release orders suspended or
30                            cancelled during the previous financial year and
                              the reasons for suspension or cancellation;


     page 36
                      Parole and Sentencing Legislation Amendment Bill 2006
                     Sentence Administration Act 2003 amended        Part 2

                                                                          s. 65



                    (h)    the number of prisoners for whom participation
                           in a re-socialisation programme was approved
                           by the Board or the Governor during the
                           previous financial year;
 5                   (i)   the number of prisoners who completed
                           re-socialisation programmes during the
                           previous financial year;
                     (j)   the operation of this Act and relevant parts of
                           the Sentencing Act 1995 so far as they relate to
10                         early release orders and to the activities of
                           CCOs in relation to those orders during the
                           previous financial year.
                                                                              ".

     65.     Section 115A inserted
15           After section 115 the following section is inserted --
     "
           115A.   Board may review decisions about release
             (1)   In this section --
                   "reviewable decision" has a meaning in accordance
20                      with subsections (2), (3) and (4).
             (2)   Subject to subsection (4), a decision made --
                    (a) by the Board not to make an early release order;
                    (b) by the Board to make a parole order in which
                          the release date is not the day when, under
25                        section 23(2) or section 93(1) of the Sentencing
                          Act 1995, the prisoner is eligible to be released
                          on parole;
                    (c) by the Board to suspend or cancel an early
                          release order;
30                  (d) by the CEO to suspend an early release order;
                    (e) by the Board not to make a request under
                          section 13(4) after receiving a report under

                                                                       page 37
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 115A



                             section 13(3) or not to endorse, with or without
                             variations, a re-socialisation programme
                             received under section 13(4); or
                       (f)   by the Board as to the nature or content of a
 5                           re-socialisation programme endorsed under
                             section 13(5) or approved under section 14(5),
                     is a reviewable decision.
               (3)   The regulations may provide that a decision of a
                     prescribed kind made under the regulations is a
10                   reviewable decision.
               (4)   A decision under subsection (8), or by the Board on
                     further considering a matter pursuant to a decision
                     under subsection (8), is not a reviewable decision.
               (5)   A prisoner about whom a reviewable decision is made
15                   may request the Board to review the decision.
               (6)   A request may only be made on the grounds that the
                     person who made the decision --
                       (a) did not comply with this Act or the regulations;
                       (b) made an error of law; or
20                     (c) used incorrect or irrelevant information or was
                            not provided with relevant information.
               (7)   A request must --
                      (a)    be in writing;
                      (b)    state the grounds for it; and
25                    (c)    include any submissions that the applicant
                             wants to make to the Board about the decision
                             concerned and the reasons for it.
               (8)   When a request is made, the chairperson of the Board
                     must consider any submissions included in it and
30                   review the decision concerned and may --
                       (a) confirm, amend or cancel the decision;

     page 38
                         Parole and Sentencing Legislation Amendment Bill 2006
                        Sentence Administration Act 2003 amended        Part 2

                                                                                s. 66



                        (b)   make another decision; or
                        (c)   refer the decision to the Board for further
                              consideration.
              (9)     The chairperson may delegate the functions in
 5                    subsection (8) to a deputy chairperson.
            (10)      A deputy chairperson to whom the functions in
                      subsection (8) are delegated must not decide any
                      question of law but must refer it to the chairperson to
                      decide.
10          (11)      The Board must give the applicant written notice of
                      any decision on a review requested under this section.
                                                                                  ".

     66.     Section 119 amended
             Section 119(2)(a) is amended by deleting "or the secretary" and
15           inserting instead --
             "      , the registrar or a member of the staff   ".

     67.     Section 122 inserted
             After section 121 the following section is inserted --
     "
20         122.       Review of Act
              (1)     The Minister must carry out a review of the operation
                      and effectiveness of this Act as soon as is practicable
                      after --
                        (a) 1 July 2007; and
25                      (b) the expiry of each 5 yearly interval after
                              that day.
              (2)     The Minister must prepare a report based on each
                      review under subsection (1) and, as soon as is
                      practicable after the report is prepared (and in any
30                    event not more than 12 months after the relevant day or

                                                                            page 39
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 68



                        expiry), must cause it to be laid before each House of
                        Parliament.
                                                                                           ".

     68.          Schedule 1 replaced
 5                Schedule 1 is repealed and the following Schedule is inserted
                  instead --
     "
              Schedule 1 -- Provisions applying to the Prisoners
                              Review Board
10                                                                                 [s. 105]

             1.         Meaning of "member"
                        In this Schedule --
                        "member" means a member of the Board.

             2.         Tenure of office
15                (1)   A member appointed by the Governor is a member for the
                        period (not more than 5 years) specified in the instrument of
                        appointment, but is eligible for reappointment.
                  (2)   If a person who is a judge is appointed as the chairperson --
                          (a)   the person's service as the chairperson is to be taken
20                              for all purposes to be service in the person's office
                                of judge; and
                          (b)   the person's appointment does not prevent the
                                person from performing the functions of the
                                person's office of judge.
25                (3)   The office of a deputy chairperson or a community member
                        is to be held on a full-time basis, part-time basis or sessional
                        basis.
                  (4)   The office of a member appointed by the CEO or the
                        Commissioner of Police is to be held in conjunction with the
30                      member's employment in the Public Sector or appointment
                        as a police officer, as the case may be.


     page 40
                   Parole and Sentencing Legislation Amendment Bill 2006
                  Sentence Administration Act 2003 amended        Part 2

                                                                               s. 68



          (5)   The chairperson, if a judge, ceases to be a member by
                resignation under clause 3, or on ceasing to be a judge.
          (6)   The chairperson, if a retired judge, ceases to be a member
                by resignation under clause 3, or when the chairperson's
 5              appointment is terminated under clause 4.
          (7)   A member appointed by the CEO ceases to be a member by
                resignation under clause 3, or on ceasing to be an officer of
                the Public Sector agency of which the CEO is the chief
                executive officer, or when the CEO cancels the
10              appointment, or when the member's appointment is
                terminated under clause 4.
          (8)   A member appointed by the Commissioner of Police ceases
                to be a member by resignation under clause 3, or on ceasing
                to be a police officer, or when the Commissioner cancels the
15              appointment, or when the member's appointment is
                terminated under clause 4.

     3.         Resignation
          (1)   A member appointed by the Governor may resign by giving
                the Minister a signed letter of resignation.
20        (2)   A member appointed by the CEO may resign by giving the
                CEO a signed letter of resignation.
          (3)   A member appointed by the Commissioner of Police may
                resign by giving the Commissioner a signed letter of
                resignation.
25        (4)   A resignation has effect when it is received by the relevant
                person or at such later date as it specifies.

     4.         Terminating appointments
          (1)   For the purposes of this clause, grounds to terminate the
                appointment of a member exist if the member --
30                (a)   has been convicted of an indictable offence or an
                        offence committed under the law of another place
                        that would, if it had been committed in this State, be
                        an indictable offence;


                                                                           page 41
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 2         Sentence Administration Act 2003 amended

     s. 68



                          (b)   is incapable of performing the functions of a
                                member;
                          (c)   has neglected without a reasonable cause to perform
                                the functions of a member;
 5                        (d)   has been negligent or careless in performing the
                                functions of a member; or
                          (e)   is unfit to be a member due to misconduct.
                  (2)   The Governor, on the recommendation of the Minister, may
                        terminate the appointment of a member appointed by the
10                      Governor, other than a member who is a judge, if grounds to
                        terminate the appointment exist.
                  (3)   The Minister may terminate the appointment of a member,
                        other than a member appointed by the Governor, if grounds
                        to terminate the appointment exist.
15                (4)   Subclause (3) does not affect the power under clause 2(7)
                        or (8) of the CEO or the Commissioner of Police, as the case
                        may be, to cancel an appointment.

             5.         Meetings
                  (1)   The chairperson is to decide when and where the Board
20                      meets.
                  (2)   The Board, constituted in accordance with this clause, may
                        meet and perform its functions even if at the same time the
                        Board, constituted in accordance with this clause but by
                        different individuals, is also meeting and performing the
25                      Board's functions.
                  (3)   At a meeting of the Board the chairperson or a deputy
                        chairperson is to preside.
                  (4)   At a meeting of the Board --
                          (a)   a quorum consists of 3 members as follows --
30                                 (i) the chairperson or a deputy chairperson;
                                   (ii)   one community member;
                                 (iii)    one of the persons appointed under
                                          section 103(1)(d) or (e);


     page 42
                   Parole and Sentencing Legislation Amendment Bill 2006
                  Sentence Administration Act 2003 amended        Part 2

                                                                               s. 68



                  (b)   questions arising are to be determined by a majority
                        of the members present and voting; and
                  (c)   if there is a tie in voting, the presiding member has
                        a second vote.
 5        (5)   Any question of law that arises at a meeting of the Board
                must be decided by the chairperson or, if the chairperson is
                not at the meeting, referred to the chairperson to decide.
          (6)   The Board may, if it thinks fit, conduct a meeting at which
                all or some members participate by telephone or other
10              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.
          (7)   Subject to this clause the chairperson is to determine the
                procedure for convening and conducting meetings of the
15              Board.

     6.         Conditions of service
          (1)   Members appointed by the Governor, other than a member
                who is a judge, are entitled to the remuneration and
                allowances set by the Governor from time to time on the
20              recommendation of the Minister for Public Sector
                Management.
          (2)   Any remuneration and allowances paid to a member who is
                a retired judge do not affect the member's entitlements
                under the Judges' Salaries and Pensions Act 1950.
25        (3)   The other conditions of service of members appointed by
                the Governor are to be determined by the Governor from
                time to time.

     7.         Leave of absence
                The Minister may grant leave of absence to a member on
30              such conditions as the Minister determines.
                                                                                 ".




                                                                         page 43
    Parole and Sentencing Legislation Amendment Bill 2006
    Part 2         Sentence Administration Act 2003 amended

    s. 69



    69.       Schedule 2 amended
              Schedule 2 is amended after paragraph (i) by deleting the
              full stop and inserting a comma and --
              "
5                  or an offence under --
                      (j)   section 60 of the Censorship Act 1996; or
                     (k)    section 61(1) or (2a) of the Restraining Orders
                            Act 1997.
                                                                              ".




    page 44
                                Parole and Sentencing Legislation Amendment Bill 2006
                                           Sentencing Act 1995 amended         Part 3

                                                                                    s. 70



                          Part 3 -- Sentencing Act 1995 amended
     70.              The Act amended in this Part
                      The amendments in this Part are to the Sentencing Act 1995*.
                      [* Reprint 4 as at 12 August 2005.
 5                       For subsequent amendments see Act No. 75 of 2004.]

     71.              Sections 8 and 16 amended
           (1)        Section 8(6) is amended in paragraph (b) of the definition of
                      "criminal property confiscation" by deleting "Crown" and
                      inserting instead --
10                    "     State ".
           (2)        Section 16(1)(f) is amended by deleting "Crown" and inserting
                      instead --
                      "     State ".

     72.              Section 33A amended
15         (1)        After section 33A(2) the following subsection is inserted --
                 "
                     (2a)    This section does not apply if a court is sentencing an
                             offender for one or more offences that were
                             committed --
20                             (a) while the offender was subject to --
                                       (i) a parole order, home detention order, or
                                            work release order, made under the
                                            Sentence Administration Act 1995; or
                                      (ii) a parole order, or re-entry release order,
25                                          made under the Sentence Administration
                                            Act 2003,
                                     for another offence; or



                                                                                page 45
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 3         Sentencing Act 1995 amended

     s. 73



                         (b)    during the suspension period of a suspended
                                term of imprisonment imposed for another
                                offence.
                                                                                     ".
 5         (2)   Section 33A(4) is amended after "sentencing" by inserting --
                 " the     ".

     73.         Section 33O amended
                 Section 33O(5) is amended by deleting the full stop after
                 paragraph (a) and inserting a semicolon instead.

10   74.         Section 84E replaced and consequential amendment to
                 Criminal Procedure and Appeals (Consequential and Other
                 Provisions) Act 2004
           (1)   Section 84E is repealed and the following section is inserted
                 instead --
15   "
             84E.      Alleging re-offending in court
                 (1)   If --
                          (a)   a person (the "offender") has been convicted
                                and dealt with (in this State or elsewhere) for an
20                              offence the statutory penalty for which is or
                                includes imprisonment; and
                         (b)    that offence was committed during the
                                suspension period of CSI imposed on the
                                offender in relation to another offence,
25                     a written notice alleging those matters may be lodged
                       in a court in accordance with this section.
                 (2)   The notice may be lodged at any time up until 2 years
                       after the last day of the suspension period.




     page 46
               Parole and Sentencing Legislation Amendment Bill 2006
                          Sentencing Act 1995 amended         Part 3

                                                                      s. 74



      (3)   The notice may be signed by the CEO, a police officer,
            or a person referred to in section 80(2)(a) to (e) of the
            Criminal Procedure Act 2004.
      (4)   The notice must be in a prescribed form and be signed
 5          in the presence of a JP or a prescribed court officer (as
            defined in section 3 of the Criminal Procedure
            Act 2004) who may issue a summons to the offender.
      (5)   If the contents of the notice are verified on oath by the
            person signing it, a magistrate, on the application of
10          that person, may issue an arrest warrant for the
            offender.
      (6)   Subject to section 84P(3), the notice must be lodged
            with, and the summons must direct the offender to
            appear before, or the warrant must direct that the
15          offender be brought before the court that imposed
            the CSI.
      (7)   Sections 31 and 32 of the Criminal Procedure
            Act 2004, with any necessary changes, apply
            respectively to and in respect of a warrant and
20          summons issued under this section.
      (8)   If an offender does not obey such a summons, the court
            concerned may issue a warrant to have the offender
            arrested and brought before it.
      (9)   If an offender is arrested under a warrant issued under
25          this section, the offender must be given a copy of the
            notice as soon as practicable after being arrested.
     (10)   An offender who appears before a court as a result of a
            summons or warrant issued under this section must be
            dealt with by the court under section 84F.
30                                                                      ".




                                                                 page 47
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 3         Sentencing Act 1995 amended

     s. 75



           (2)       The Criminal Procedure and Appeals (Consequential and Other
                     Provisions) Act 2004* section 59 is repealed.
                     [* Act No. 84 of 2004.]

     75.             Section 84P amended and consequential amendment to
 5                   Criminal Procedure and Appeals (Consequential and Other
                     Provisions) Act 2004
           (1)       Section 84P(3) is amended as follows:
                      (a) by deleting "complaint" and inserting instead --
                            " notice ";
10                    (b) by deleting "filed" and inserting instead --
                            " lodged ";
                      (c) by deleting "under section 84E(4)" and inserting
                            instead --
                            " issued under section 84E ".
15         (2)       The Criminal Procedure and Appeals (Consequential and Other
                     Provisions) Act 2004* section 65 is amended in the Table by
                     deleting the row relating to "s. 84P(3)".
                     [* Act No. 84 of 2004.]

     76.             Section 89 amended
20         (1)       Section 89(2) is repealed and the following subsection is
                     inserted instead --
                 "
                     (2)   A parole eligibility order must not be made if the fixed
                           term, or the aggregate of the fixed terms, imposed by
25                         the court is less than 12 months, except where the
                           offender, at the date of the sentence, is serving or has
                           yet to serve --
                             (a) a parole term imposed previously; or




     page 48
                               Parole and Sentencing Legislation Amendment Bill 2006
                                          Sentencing Act 1995 amended         Part 3

                                                                                      s. 77



                              (b)   a fixed term or fixed terms imposed
                                    previously --
                                      (i) which, or the aggregate of which, is less
                                            than 12 months; and
 5                                   (ii) which, with the term or terms imposed
                                            by the court, would result in an
                                            aggregate of 12 months or more.
                                                                                           ".
           (2)        After section 89(5) the following subsections are inserted --
10               "
                     (5a)   If, in a case to which subsection (2)(b) applies, a court
                            decides that an offender is to be eligible for parole, it is
                            to make a single parole eligibility order in respect of
                            the fixed term or fixed terms it imposes and the term or
15                          terms imposed previously.
                     (5b)   If, in any other case --
                               (a) a court decides that an offender is to be eligible
                                     for parole; and
                              (b) at the date of the sentence the offender is
20                                   serving or has yet to serve a fixed term or fixed
                                     terms imposed previously which, or the
                                     aggregate of which, is less than 12 months,
                            the court may make a single parole eligibility order in
                            respect of a fixed term or fixed terms that it imposes
25                          and the term or terms imposed previously.
                                                                                           ".

     77.              Section 94 amended
                      The Table to section 94 is amended as follows:
                       (a) in column 4 of the first example by deleting
30                          "Non-parole period = 3 years." and inserting instead --
                            " Non-parole period = 4 years. ";


                                                                                   page 49
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 3         Sentencing Act 1995 amended

     s. 78



                    (b)    in column 4 of the second example by deleting
                           "Non-parole period = 5 years." and inserting instead --
                           " Non-parole period = 8 years. ";
                    (c)    in column 4 of the third example by deleting
 5                         "Non-parole period on term 2 = 3 years." and inserting
                           instead --
                           " Non-parole period on term 2 = 4 years. ";
                    (d)    in column 4 of the third example by deleting "serve
                           4 years." and inserting instead --
10                         " serve 5 years. ".

     78.       Section 150 inserted
               After section 149 the following section is inserted --
     "
             150.         Review of Act
15              (1)       The Minister must carry out a review of the operation
                          and effectiveness of this Act as soon as is practicable
                          after --
                            (a) 1 July 2007; and
                            (b) the expiry of each 5 yearly interval after that
20                                day.
                (2)       The Minister must prepare a report based on each
                          review under subsection (1) and, as soon as is
                          practicable after the report is prepared (and in any
                          event not more than 12 months after the relevant day or
25                        expiry), must cause it to be laid before each House of
                          Parliament.
                                                                                    ".




     page 50
                   Parole and Sentencing Legislation Amendment Bill 2006
                              Sentencing Act 1995 amended         Part 3

                                                                     s. 79



    79.   References to "Crown" amended
          Each provision in the Table to this section is amended by
          deleting "Crown" in each place where it occurs and inserting
          instead --
5         "   State ".
                                  Table
          s. 8(3)                s. 51(8)             s. 52(5)
          s. 33(2)               s. 52(2) (3 times)   s. 60(7)
          s. 51(1) (2 times)     s. 52(4)             s. 139




                                                                  page 51
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 4         Criminal Law (Mentally Impaired Accused) Act 1996 amended

     s. 80



       Part 4 -- Criminal Law (Mentally Impaired Accused)
                      Act 1996 amended
     80.             The Act amended in this Part
                     The amendments in this Part are to the Criminal Law (Mentally
 5                   Impaired Accused) Act 1996*.
                     [* Reprint 2 as at 12 August 2005.]

     81.             Section 33 amended
           (1)       Section 33(5) is amended as follows:
                       (a) by deleting the full stop after paragraph (e) and inserting
10                          a semicolon instead;
                      (b) by inserting after paragraph (e) the following
                            paragraph --
                           "
                               (f)   any statement received from a victim of the
15                                   alleged offence in respect of which the accused
                                     is in custody.
                                                                                       ".
           (2)       After section 33(5) the following subsection is inserted --
                 "
20                   (6)   In this section --
                           "victim" of an alleged offence, means --
                                (a) a person who has suffered injury, loss or
                                      damage as a direct result of the alleged
                                      offence, whether or not that injury, loss or
25                                    damage was reasonably foreseeable by the
                                      alleged offender; or
                                (b) where the alleged offence results in a death,
                                      any member of the immediate family of the
                                      deceased.
30                                                                                     ".


     page 52
                      Parole and Sentencing Legislation Amendment Bill 2006
     Criminal Law (Mentally Impaired Accused) Act 1996 amended       Part 4

                                                                              s. 82



     82.         Section 42 replaced by sections 42 and 42A
                 Section 42 is repealed and the following sections are inserted
                 instead --
     "
 5         42.         Members
                 (1)   The members of the Board are --
                        (a) the person who is the chairperson of the
                             Prisoners Review Board appointed under
                             section 103(1)(a) of the Sentence
10                           Administration Act 2003;
                        (b) the persons who are community members of the
                             Prisoners Review Board appointed under
                             section 103(1)(c) of the Sentence
                             Administration Act 2003;
15                      (c) a psychiatrist appointed by the Governor; and
                        (d) a psychologist appointed by the Governor.
                 (2)   The Governor may appoint a psychiatrist to be the
                       deputy of the psychiatrist appointed to the Board and a
                       psychologist to be the deputy of the psychologist.
20               (3)   The person referred to in subsection (1)(a) is the
                       chairperson of the Board.
                 (4)   Those members of the Board who are also members of
                       the Prisoners Review Board are members of the Board
                       only while they are members of the Prisoners Review
25                     Board.
                 (5)   Schedule 1 to the Sentence Administration Act 2003
                       (other than clause 5) applies in respect of the
                       psychiatrist and the psychologist appointed as members
                       of the Board as if they were members of the Prisoners
30                     Review Board appointed by the Governor.




                                                                            page 53
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 4         Criminal Law (Mentally Impaired Accused) Act 1996 amended

     s. 83



             42A.          Meetings
                           At a meeting of the Board --
                            (a) the chairperson and 2 other members of the
                                  Board constitute a quorum; and
 5                          (b) clause 5 (other than subclause (2)) of
                                  Schedule 1 to the Sentence Administration
                                  Act 2003 otherwise applies.
                                                                                   ".

     83.           Section 43 replaced
10                 Section 43 is repealed and the following section is inserted
                   instead --
     "
             43.           Registrar and staff
                   (1)     The registrar of the Prisoners Review Board appointed
15                         under section 104A of the Sentence Administration
                           Act 2003 is also the registrar of the Board.
                   (2)     Any other Prisoners Review Board staff referred to in
                           section 104A of the Sentence Administration Act 2003
                           are also the staff of the Board.
20                                                                                 ".

     84.           Section 46 amended
           (1)     Section 46(1)(c) is amended by deleting "judicial member" and
                   inserting instead --
                   "     chairperson   ".
25         (2)     Section 46(1)(d) is amended by deleting "judicial member" and
                   inserting instead --
                   "     chairperson   ".




     page 54
                 Parole and Sentencing Legislation Amendment Bill 2006
Criminal Law (Mentally Impaired Accused) Act 1996 amended       Part 4

                                                                 s. 84



  (3)   Section 46(3)(b) is amended by deleting "judicial member" and
        inserting instead --
        "   chairperson   ".




                                                              page 55
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 5         Young Offenders Act 1994 amended

     s. 85



                 Part 5 -- Young Offenders Act 1994 amended
     85.             The Act amended in this Part
                     The amendments in this Part are to the Young Offenders
                     Act 1994*.
 5                   [* Reprint 3 as at 15 July 2005.
                        For subsequent amendments see Act No. 34 of 2004.]
     86.             Section 15A amended
                     Section 15A(5)(b)(i) is amended by deleting "Parole Board" and
                     inserting instead --
10                   "     Prisoners Review Board       ".
     87.             Section 133 amended
           (1)       After section 133(1)(b) the following paragraph is inserted --
                            "
                                (ba)   the Board has considered any statement
15                                     received from a victim of the offence in respect
                                       of which the detainee is in custody;
                                                                                          ".
           (2)       After section 133(2) the following subsection is inserted --
                 "
20                   (3)     In this section --
                             "victim" of an offence, means --
                                  (a) a person who has suffered injury, loss or
                                        damage as a direct result of the offence,
                                        whether or not that injury, loss or damage
25                                      was reasonably foreseeable by the offender;
                                        or
                                  (b) where the offence results in a death, any
                                        member of the immediate family of the
                                        deceased.
30                                                                                        ".

     page 56
                      Parole and Sentencing Legislation Amendment Bill 2006
                            Young Offenders Act 1994 amended         Part 5

                                                                       s. 88



     88.   Section 152 amended
           Section 152(1) is amended as follows:
             (a) by deleting "5" and inserting instead --
                  " 6 ";
 5          (b) in paragraph (b) by inserting after "Governor" --
                  " under subsection (3)(a) and (b) ";
             (c) by inserting after paragraph (b) --
                  "
                          (ba)   one person with an understanding of
10                               victims' interests and concerns
                                 appointed by the Governor;
                                                                         ".




                                                                   page 57
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 6         Other Acts amended

     s. 89



                        Part 6 -- Other Acts amended
     89.         Constitution Acts Amendment Act 1899 amended
           (1)   The amendments in this section are to the Constitution Acts
                 Amendment Act 1899*.
 5               [* Reprint 13 as at 18 March 2005.
                    For subsequent amendments see Acts Nos. 20, 34, 53, 59, 70
                    & 75 of 2004, 1, 2, 24 and 38 of 2005.]
           (2)   Schedule V Part 3 is amended as follows:
                   (a) by deleting "The Parole Board established under the
10                      Sentence Administration Act 2003.";
                  (b) by inserting in the appropriate alphabetical position --
                 "
                      The Prisoners Review Board established under the Sentence
                            Administration Act 2003.
15                                                                                ".

     90.         Freedom of Information Act 1992 amended
           (1)   The amendments in this section are to the Freedom of
                 Information Act 1992*.
                 [* Reprint 4 as at 10 September 2004.
20                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2004 p. 179.]
           (2)   Schedule 2 is amended by deleting "The Parole Board." and
                 inserting instead --
                 " The Prisoners Review Board.    ".

25   91.         Juries Act 1957 amended
           (1)   The amendments in this section are to the Juries Act 1957*.
                 [* Reprint 4 as at 2 September 2005.
                    For subsequent amendments see Act No. 24 of 2005.]


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                                Parole and Sentencing Legislation Amendment Bill 2006
                                                    Other Acts amended         Part 6

                                                                                   s. 92



           (2)   The Second Schedule Part I clause 2 is amended as follows:
                  (a) by deleting paragraph (l) and inserting instead --
                           "
                               (l)   member of the Mentally Impaired Accused Review
 5                                   Board under the Criminal Law (Mentally Impaired
                                     Accused) Act 1996;
                                                                                       ";
                     (b)       in paragraph (m) by deleting "Parole Board" and
                               inserting instead --
10                             " Prisoners Review Board ".
     92.         Parole Orders (Transfer) Act 1984 amended
           (1)   The amendments in this section are to the Parole Orders
                 (Transfer) Act 1984*.
                 [* Reprinted as at 9 August 2002.
15                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2004 p. 326]
           (2)   Section 3 is amended as follows:
                   (a) by deleting the definition of "Parole Board";
                  (b) by inserting in the appropriate alphabetical position --
20               "
                           "Prisoners Review Board" means the Prisoners
                               Review Board established under the Sentence
                               Administration Act 2003;
                                                                                       ".
25         (3)   Section 8(2)(a) is amended by deleting "Parole Board" and
                 inserting instead --
                 "    Prisoners Review Board         ".
     93.         Prisoners (Release for Deportation) Act 1989 amended
           (1)   The amendments in this section are to the Prisoners (Release
30               for Deportation) Act 1989*.
                 [* Reprint 1 as at 3 October 2003.]

                                                                                 page 59
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 6         Other Acts amended

     s. 94



           (2)   Section 3 is amended as follows:
                   (a) by deleting the definition of "the Parole Board";
                  (b) by inserting in the appropriate alphabetical position --
                 "
 5                     "Prisoners Review Board" means the Prisoners
                           Review Board established under the Sentence
                           Administration Act 2003.
                                                                                  ".
           (3)   Each provision in the Table to this section is amended by
10               deleting "Parole Board" in each place where it occurs and in
                 each place inserting instead --
                 "   Prisoners Review Board      ".
                                             Table
                 s. 4(1)           s. 4(2)            s. 4(3)     s. 4(6)

     94.         Sentencing Legislation Amendment and Repeal Act 2003
15               amended
           (1)   The amendment in this section is to the Sentencing Legislation
                 Amendment and Repeal Act 2003*.
                 [* Act No. 50 of 2003.]
           (2)   Part 6 is repealed.

20   95.         Sentencing Legislation Amendment Act 2004 amended
           (1)   The amendments in this section are to the Sentencing
                 Legislation Amendment Act 2004*.
                 [* Act No. 27 of 2004.]
           (2)   Section 14(2) is repealed.
25         (3)   Section 15 is repealed.




     page 60
                             Parole and Sentencing Legislation Amendment Bill 2006
                                                 Other Acts amended         Part 6

                                                                                s. 96



     96.          Spent Convictions Act 1988 amended
           (1)    The amendments in this section are to the Spent Convictions
                  Act 1988*.
                  [* Reprint 4 as at 8 July 2005.
 5                   For subsequent amendments see Gazette 4 Nov 2005
                     p. 5319-20.]
           (2)    Schedule 3 clause 1(1) is amended in the Table as follows:
                    (a) in item 1 by deleting "Parole Board" and inserting
                         instead --
10                       " Prisoners Review Board ";
                   (b) by inserting after item 1A the following item --
       "
                 1B.   The Mentally Impaired Accused Review      Division 4
                       Board established by the Criminal Law
                       (Mentally Impaired Accused) Act 1996.
                                                                                   ".

     97.          Victims of Crime Act 1994 amended
15         (1)    The amendments in this section are to the Victims of Crime
                  Act 1994*.
                  [* Reprint 1 as at 4 March 2005.]
           (2)    Section 2 is amended in the definition of "public officers and
                  bodies" by deleting paragraph (f) and inserting instead --
20                     "
                            (f)   the Prisoners Review Board;
                           (fa)   the Mentally Impaired Accused Review Board;
                                                                                   ".




                                                                              page 61
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 7         Transitional provisions

     s. 98



                      Part 7 -- Transitional provisions
     98.         Arrangements for CEO parole orders
           (1)   In this section --
                 "amended provisions" means the Sentence Administration
 5                    Act 2003 Part 3 Divisions 4 and 7 to 10 as amended by
                      this Act;
                 "commencement" means the coming into operation of
                      section 20;
                 "former provisions" means the Sentence Administration
10                    Act 2003 Part 3 Division 4 as enacted before being
                      amended by this Act;
                 "prescribed period" means the period ending 2 months after
                      the day of the commencement,
                 and other terms used have the same meanings as they have in
15               the amended provisions.
           (2)   If immediately before the commencement a person is subject to
                 a parole order made by the CEO under the former provisions,
                 then on and after the commencement the amended provisions
                 apply to and in respect of that person and that parole order as if
20               the parole order had been made by the Board.
           (3)   Despite anything in the amended provisions, during the
                 prescribed period the CEO may exercise --
                   (a) the power conferred on the Board by section 23 of the
                         amended provisions; and
25                 (b) the powers conferred on the Board by the amended
                         provisions in relation to a parole order made under
                         section 23 of the former provisions or section 23 of the
                         amended provisions.
           (4)   A power exercised under subsection (3) is to be regarded as
30               having been exercised by the Board.



     page 62
                          Parole and Sentencing Legislation Amendment Bill 2006
                                            Transitional provisions      Part 7

                                                                             s. 99



     99.         Arrangements for RROs
           (1)   In this section --
                 "amended provisions" means the Sentence Administration
                      Act 2003 Part 4 as amended by this Act;
 5               "commencement" means the coming into operation of
                      section 41;
                 "former provisions" means the Sentence Administration
                      Act 2003 Part 4 as enacted before being amended by
                      this Act,
10               and other terms used have the same meanings as they have in
                 the amended provisions.
           (2)   If immediately before the commencement a person is subject to
                 an RRO made under the former provisions, then on and after the
                 commencement the former provisions continue to apply to and
15               in respect of that person and that order.
           (3)   Despite section 50 of the amended provisions, a prisoner
                 serving a parole term imposed before the commencement may
                 apply under the amended provisions to be released under an
                 RRO.
20         (4)   An application mentioned in subsection (3) is to be dealt with in
                 accordance with the amended provisions but, if the RRO is
                 made --
                   (a) sections 54(3)(b) and 60 of the former provisions apply
                        in respect of it and the making of it; and
25                 (b) section 54(3)(b) of the amended provisions does not
                        apply in respect of it.

     100.        Arrangements for members of existing Parole Board
           (1)   In this section --
                 "commencement" means the coming into operation of
30                    section 57;



                                                                          page 63
     Parole and Sentencing Legislation Amendment Bill 2006
     Part 7         Transitional provisions

     s. 100



               "Parole Board" means the Board as established under
                   section 103 as enacted before the commencement;
               "Prisoners Review Board" means the Board to be established
                   under section 103 as it is set out in section 57;
 5             "section 103" means the Sentence Administration Act 2003
                   section 103.
        (2)    The person holding office as the judicial member of the Parole
               Board immediately before the commencement is to hold office
               as the chairperson of the Prisoners Review Board for the
10             remainder of the period for which the person was appointed as
               the judicial member.
        (3)    Immediately before the commencement the office of any
               person, other than the judicial member, who is then a member
               of, acting member of, or deputy of a member of, the Parole
15             Board becomes vacant.
        (4)    Subsection (3) does not prevent a person mentioned in that
               subsection from being nominated, being appointed, or holding
               office, as a member of the Prisoners Review Board.




 


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