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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 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 page 2 Sentence Administration Amendment (Multiple Murderers) Bill 2018 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 page 3 Sentence Administration Amendment (Multiple Murderers) Bill 2018 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 page 4 Sentence Administration Amendment (Multiple Murderers) Bill 2018 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. page 5 Sentence Administration Amendment (Multiple Murderers) Bill 2018 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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