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


SENTENCE ADMINISTRATION AMENDMENT (MULTIPLE MURDERERS) BILL 2018

                      Western Australia


Sentence Administration Amendment (Multiple
           Murderers) Bill 2018

                          Contents

   1.   Short title                                         2
   2.   Commencement                                        2
   3.   Act amended                                         2
   4.   Section 12A amended                                 2
   5.   Section 13 amended                                  3
   6.   Part 2 Division 5 inserted                          4
        Division 5 -- Directions to suspend reporting
        14B.      Terms used                           4
        14C.      Minister may direct suspension of
                  reporting                            5
        14D.      No review of direction to suspend
                  reporting                            6




                            101--1                          page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


Sentence Administration Amendment (Multiple
           Murderers) Bill 2018

                               A Bill for


An Act to amend the Sentence Administration Act 2003.



The Parliament of Western Australia enacts as follows:




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     Sentence Administration Amendment (Multiple Murderers) Bill 2018



     s. 1




1    1.          Short title
2                This is the Sentence Administration Amendment (Multiple
3                Murderers) Act 2018.

4    2.          Commencement
5                This Act comes into operation as follows --
6                 (a) sections 1 and 2 -- on the day on which this Act
7                       receives the Royal Assent;
8                 (b) the rest of the Act -- on the day after that day.

9    3.          Act amended
10               This Act amends the Sentence Administration Act 2003.

11   4.          Section 12A amended
12        (1)    In section 12A(2) delete "The Board" and insert:
13

14               Except as provided in subsection (2A), the Board
15

16        (2)    After section 12A(2) insert:
17

18              (2A)   The Board must not give a written report under
19                     subsection (2) about a prisoner at any time when a
20                     direction under section 14C is in effect in relation to
21                     the prisoner.
22              (2B)   If a direction under section 14C in relation to a prisoner
23                     ceases to have effect, and if no other direction under
24                     that section is in effect in relation to that prisoner, then
25                     except as provided in subsection (2C) the Board must
26                     resume giving reports about the prisoner under
27                     subsection (2) as if --
28                       (a) no direction under section 14C had been given
29                              in relation to the prisoner; and

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                                                                                  s. 5



1                        (b)   each report which would have been required
2                              but for a direction under section 14C had been
3                              given when due.
4               (2C)   If a report about a prisoner under subsection (2) is due
5                      to be given within 7 months after a direction under
6                      section 14C in relation to the prisoner ceases to have
7                      effect, the Board must give the report by or as soon as
8                      practicable after the day on which it is due but in any
9                      event not later than 7 months after the direction ceases
10                     to have effect.
11


12   5.          Section 13 amended
13        (1)    In section 13(4) before "the Board may" insert:
14

15               then except as provided in subsection (5A)
16

17        (2)    In section 13(5) after "variations," insert:
18

19               then except as provided in subsection (5A)
20

21        (3)    After section 13(5) insert:
22

23              (5A)   At any time when a direction under section 14C is in
24                     effect in relation to a prisoner --
25                       (a) the Board must not make a request under
26                              subsection (4) in relation to the prisoner; and
27                       (b) the CEO must not comply with a request under
28                              subsection (4) in relation to the prisoner; and




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     s. 6



1                     (c)   the Board must not, for the purposes of
2                           subsection (5), consider release considerations,
3                           endorse a re-socialisation programme or make a
4                           recommendation in relation to the prisoner.
5


6    6.       Part 2 Division 5 inserted
7             After section 14A insert:
8


9                  Division 5 -- Directions to suspend reporting
10          14B.     Terms used
11                   In this Division --
12                   designated prisoner means a Schedule 3 prisoner who
13                   is serving a sentence for a relevant offence (the first
14                   relevant offence) and who --
15                     (a) has been convicted of 2 or more other relevant
16                           offences which were committed at any time; or
17                     (b) has been convicted of another relevant offence
18                           which was committed on a different day than
19                           the first relevant offence;
20                   relevant offence means --
21                     (a) murder; or
22                     (b) an offence under the law of the
23                           Commonwealth, of another State, of a
24                           Territory, or of any place outside Australia,
25                           which is constituted by conduct that is
26                           substantially the same as the conduct
27                           constituting murder;
28                   relevant report means a report given by the Board to
29                   the Minister under --
30                     (a) section 12A(2); or



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                                                                        s. 6



1              (b)   the Offenders Community Corrections Act 1963
2                    section 34(2)(c) or (d) as continued in operation
3                    by the Sentencing (Consequential Provisions)
4                    Act 1995 Part 56 Division 2.

5    14C.    Minister may direct suspension of reporting
6      (1)   At any time after the Minister has received a relevant
7            report about a designated prisoner the Minister may
8            direct that the operation of sections 12A(2) and 13(4)
9            and (5) in relation to that designated prisoner be
10           suspended.
11     (2)   A direction under subsection (1) must --
12            (a) be in writing; and
13            (b) specify a day on which the direction takes
14                  effect, which must not be earlier than the day
15                  the direction is made; and
16            (c) specify a day on which the direction ceases to
17                  have effect, which must not be later than
18                  6 years after the day specified under
19                  paragraph (b).
20     (3)   The Minister must give copies of a direction under
21           subsection (1) to the Board, the CEO and the
22           designated prisoner.
23     (4)   The Minister may not make a direction under
24           subsection (1) while a previous direction in relation to
25           the same designated prisoner remains in effect, unless
26           the previous direction is to cease to have effect within
27           3 months of the Minister's direction.
28     (5)   There is no limit to the number of directions the
29           Minister may make under subsection (1) in relation to a
30           designated prisoner.




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     s. 6



1             (6)   A direction under subsection (1) does not prevent the
2                   Board from giving reports under section 12 in relation
3                   to the designated prisoner.

4           14D.    No review of direction to suspend reporting
5             (1)   A direction under section 14C --
6                    (a) must not be challenged, appealed against,
7                          reviewed, quashed or called into question in
8                          any court; and
9                    (b) is not subject to review or remedy by way of
10                         prohibition, mandamus, injunction, declaration
11                         or certiorari, or a remedy having the same
12                         effect as a remedy that could be provided by
13                         means of such a writ, in any court on any
14                         account.
15            (2)   Subsection (1) does not exclude or limit judicial review
16                  for jurisdictional error.
17


18




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